Category: Uncategorized

Products Liability

Defective Product Lawyer

A plaintiff who is injured by a defective product may bring a products liability lawsuit under a theory of strict liability or negligence. Under either theory of liability, a plaintiff will need to prove that the product was defective in at least one of three ways. The three types of defects are manufacturing defects, design defects, and marketing defects. Additionally, a plaintiff may be able to bring a lawsuit for a defective product under a breach of warranty theory. Regardless of the type of claim a plaintiff chooses, they will also be required to prove that the defect caused their injury. 

Manufacturing Defects

A manufacturing defect is present when a product departs from its intended design due to a problem with the way the specific item was made. Thus, a manufacturing defect causes one product to differ from all of the other products in its line. This may occur because of a mistake on the assembly line or contamination at a processing facility. For instance, a worker might use an incorrect bolt to fasten the legs to a chair, making the chair defective due to its manufacturing, rather than its design. 

Manufacturing defects differ from design and warning defects because they affect only one or a few of all of the products produced, while design and warning defects affect all of the products in a line. Manufacturing defects are therefore relatively rare. To prove a manufacturing defect, a plaintiff will have to show that the product was dangerous when used as intended and that the product would have been safe if it were manufactured according to its intended design.

Design Defects

A design defect is present when an entire line of products has an inherent flaw in their design that makes them unreasonably dangerous to consumers. Design defects occur even though no errors were made in the manufacturing process and no products deviate from their intended design. Design defects may result from a failure to take foreseeable risks into account when making the blueprint or specifications for the product. 

Examples of design defects include SUVs that are prone to rolling over, medical devices that have a propensity to fragment inside patients’ bodies, and pesticides in which the main ingredient is carcinogenic. Often, a plaintiff will need to hire an expert to help establish that a product had a design defect. Proving a design defect typically involves showing that a safer alternative design was available at a reasonable cost. 

Marketing Defect (Failure to Warn)

Marketing defects are also referred to as failures to warn. Marketing defects occur when a manufacturer fails to give adequate instructions about the product’s use or fails to warn consumers about a product’s inherent risks. Manufacturers are not required to warn about obvious risks but must warn about others that are unavoidable in using a product. Marketing defects often arise in pharmaceutical cases when drug manufactures do not list the side effects of a medication on the bottle. 

To prevail under a marketing defect theory, a plaintiff must show that the manufacturer knew or should have known of the product’s risk, that the risk presented a danger to consumers even if the product was used as intended, that consumers likely wouldn’t discover the danger, and that the manufacturer failed to provide adequate warning of the danger. Further, the plaintiff must have been using the product for its intended use or misusing it in a predictable manner. If the plaintiff was using the product in a manner that was not reasonably foreseeable, the manufacturer will not be liable for failure to warn. 

Breach of Warranty 

A plaintiff may sue for breach of express or implied warranty. Breach of express warranty occurs when a product is sold with a written warranty and fails to comply with the terms of that warranty, thereby injuring the consumer. Express warranties are often contained in labels, packaging, manuals, or advertising for the product. 

Breach of implied warranty usually concerns the implied warranty of merchantability, which warrants that a product is safe for its intended use. Breach of implied warranty might also arise from the implied warranty of fitness for a particular purpose if the seller knows that the consumer will be using its product for a specific purpose. 

If you have questions about a case, contact a defective product lawyer, like one at The Law Office of Eglet Adams for information about your situation.

Navigating Your Car Accident Case

Hiring a Car Accident Lawyer

Any accident that occurs to someone can be a tough thing to experience. When someone causes a car accident out of their own fault and negligent actions, this can lead a person into a difficult period of their life. Understanding who pays for doctor bills following an accident and whether or not your car will be paid for by insurance can be stressful. If you have just recently been in a car accident, then understanding how to proceed is especially crucial in these times. Legal counsel on your side can help shoulder the difficult situations that may arise following the accident. They can help with a variety of different aspects of car accident cases and can help people receive the compensation and damages they deserve when the accident was not their fault. 

Main Reasons to Hire a Car Accident Lawyer

One of the main reasons that someone wants to hire a lawyer is so that their potential settlement in a case has the best chance of reaching the maximum. Some of the other key reasons include:

• Ensuring that your rights are not violated: A lawyer knows the different tactics that individuals and insurance companies take following accidents, which is why having their advice and service is crucial to ensure that rights are not being violated.
• Navigating state and local laws: The law can be tricky and contain numerous details that are hard to fully comprehend. That is why an experienced lawyer is so valuable to have to help explain these laws.
• Acting as firm and professional support: Having support from strong legal counsel is crucial to have the confidence of continuing a case and reaching the settlements you desire.
• Being your chief strategizer: None do it better than lawyers when it comes to building strong personal injury cases. 

These are just a few of the main reasons why it’s beneficial to hire legal counsel to assist with a car accident case.

Navigating Your Car Accident Case

Car accidents are difficult to navigate alone based on the nuances and complexities that can come about. Consider contacting the services of an experienced and skilled car accident lawyer in your area, to secure the compensation and damages you deserve for your injuries and property damage. Lawyers understand the different things that can come up in a case and know how to answer those challenges. That is why many people turn to legal counsel when they are involved with a car accident case and want to get what they deserve in that case. If someone else has led you to receive injuries and damage to your property then you should be entitled to receiving compensation for that.

Do You Need to Hire a Lawyer if You Are Going Through an Amicable Divorce? 

You may think that if you and your soon-to-be ex spouse are on the same page with the divorce, that you do not need to hire a divorce lawyer to help you throughout the process. This is an enormous mistake many couples make when going through the divorce process, especially if they have children or a large amount of assets. Make sure to contact a divorce lawyer in Colorado, like a divorce lawyer from Zweig Law, PC Attorneys at Law, as soon as you and your spouse decide that you are getting a divorce. You do not want to agree to any terms without speaking with a legal expert on this matter. 

Child Custody Can Be Complicated

If you have children, you absolutely need to have a good divorce lawyer on your side. You and your ex-spouse may agree on the terms of how the children will be cared for, but if anything becomes different and one of you decides you want to make a change, it can be very difficult to resolve any issues without having legal documentation written about how to care for your children. You have rights as a child’s parent. Make sure you protect these by retaining the assistance of an experienced divorce lawyer. You can discuss things like when you want to have your children at your home, who takes which responsibilities, and you can figure out whether or not your ex needs to pay child support. Things can quickly go south if you do not have an organized plan on how to coparent. Divorce lawyers know how to make things as civil as possible, and more important, smooth on the children. 

Your Assets Need to Be Protected 

You have rights after being married to someone. Splitting things like a home and other large assets can be complicated, which is why it is important to enlist the assistance of a good divorce lawyer. You need someone who will be on your side, especially if your soon-to-be ex spouse has a lawyer of their own. This will ensure that you are not left with nothing after the divorce. Every state has different ways of splitting up assets, and a lawyer who lives near you will know what you may be entitled to. Even if you signed a prenuptial agreement, it is still important to hire a divorce lawyer to see if anything can be done to have claim to some of the items you shared as a couple. 

Contact a Divorce Lawyer Right Away

Do not hesitate to contact a divorce lawyer as soon as you realize you are going to be going down this road. It is not petty or will not cause trouble. It is a smart move that will protect everything that you have in your life. Your ex should understand, as he or she will likely want their own lawyer anyway. You should never try to share a lawyer with your soon-to-be ex. You each need your own to look out for your own interests. 

Medical Malpractice Lawyer

Medical Malpractice Lawyer

Medical malpractice is negligence on the part of the doctor medical professional that occurs during the course of treating a patient in some manner. A medical plan participation or personal injury lawsuit brought by a patient to recover compensation for damages they’ve sustained as a result of being treated by a doctor or medical professional.

If you or a loved one has been treated by a medical professional and you are worse off because of your treatment and you may have gone to a medical malpractice case, but you need to understand that there are four things that must be proven in order for you to win a medical malpractice case. Medical malpractice lawyers will be able to better explain what must be proven when a malpractice case.

While doctors are human and they are not expected to be perfect, they are expected to be reasonably competent. They go to school for so many years to learn how to be a doctor, so they must be competent enough to meet the standard of care expected of a competent doctor. So if you are filing a medical malpractice case then you and your lawyer need to find a medical expert who is willing to testify to what the reasonable standard of care is for medical care that you have received. The medical standard of care can be altered a little bit depending on the type of treatment that you are receiving, as each treatment has different standards that it must meet and expectations that it must be used to meet.

You must also prove that the doctor breached the above-mentioned standard of care. So you must have proof that your doctor performed the surgery or did something or prescribed something a reasonably competent doctor in the field would not have done for your type of disease, disorder, or injury. Or that the doctor did something that a reasonably competent doctor should’ve known to do, the standard of care and breach of the standard of care taken together proves negligence on the part of the doctor but this is still not enough to win a medical malpractice case by itself.

You have to be able to prove causation, this means that the doctor’s breach of the standard of care actually caused the injuries you have suffered, in some cases the doctor might have breached standard of care but that breach did not cause your injury or worsen. And in that instance there is no case you will win.

An example of this is that everyone knows that doctors are supposed to wear latex gloves, not wearing these gloves is a breach of the standard of care; however, it would be very difficult to establish a clear link between the doctor not wearing those gloves and operating on the wrong leg. However, a direct causation link to the doctor not wearing gloves in your infection would be easier to prove.

The last thing that you and your medical malpractice lawyer need to be able to prove is his damages. You need to prove that the nature and severity of the injuries have prevented you from earning a living and the medical costs that are associated with treating your injuries and rehabilitation are too much for you to take care of.

In a Car Crash? Here’s What You Need To Know

Car Accident Lawyer

Being in a car crash can be a stressful experience that leaves people with their lives tossed upside down. Even minor collisions can still cause injury and result in financial loss. Victims of car crashes are encouraged to take these steps after a car accident to protect their best interests:

See If Anyone is Hurt

Do not leave the scene of a car accident, even if it’s only a minor one. The priority is safety and health, as all else can wait. Make sure every person is okay and wait for emergency medical assistance if needed. Even if you think you are not hurt seriously, you could be, so always accept medical attention just in case.

Move the Vehicle Out of Danger

Depending on where the cars landed after impact, they may be in the way of other drivers. The situation will only get worse if a second accident was caused because of the aftermath of the first. Once your health is confirmed to be stable, move your vehicle out of the way off to the side of the road.

Call the Police

It is important to call the police so a report of the accident can be written. However, keep in mind that some places won’t send out an officer unless a person was hurt in the accident. Once an officer arrives, get their name, contact information, and badge number. You can follow up on the days after to get a copy of the accident report.

Collect Driver Details

As you are taking pictures or video of the car damage, scene, and visible injuries, be sure to talk with the other driver and get his or her information. Write down their name, driver’s license number, phone number, address, insurance company name, and policy number. Then, get the vehicle details such as make, model, year, color, vehicle ID number, and license plate number. 

If you were hurt after a recent car crash, contact a reputable car accident lawyer as soon as possible.

3 Common Birth Injuries

Birth Injury Lawyer

Having a new baby is a time of anticipation. However, this joyful event may turn sullen if something happens that causes the baby harm.

As a birth injury lawyer in Kansas City, MO from a firm like Royce Injury Attorneys LLC can explain, the most common reasons for birth injuries revolve around intervention measures. A baby who is large or not turned properly may need earlier intervention in the delivery process. Unfortunately, this does not always happen, and the result may be an injury. Read on to learn about three common injuries a baby gets during delivery.

1. Collarbone Fracture

While a vaginal birth is a woman’s most preferred delivery method, various factors may make it more likely to injure the baby. If contractions are not forceful enough, the baby may progress down the birth canal. In instances where a baby needs help, a doctor usually steps in and assists. This may include the use of tools, such as forceps or even manual manipulation with the hands. The shoulders are the largest part of a baby, and sometimes squeezing the baby in one way or another may end in a fracture to the collarbone. Babies with this injury need time for the bone to heal.

2. Lack of Oxygen

One of the most serious indicators after birth is evidence that the baby was without oxygen. The symptoms of hypoxia include:

• Weak or no crying
• Blueish skin tone
• Poor reflexes
• Little to no muscle development

Oxygen deprivation may be due to several factors, but the most common is that the oxygen supply was cut off during labor and delivery. If a mother’s cervix doesn’t dilate quick enough and the baby is without amniotic fluid for too long, it can cause distress, and oxygen will not get where it needs to. The umbilical cord being kinked is also a frequent cause of oxygen deprivation. Too much time without oxygen may result in permanent brain damage.

3. Cerebral Palsy

Cerebral palsy is a serious condition that affects a small percentage of newborns a year. While the exact cause of the condition is not known, it is tied heavily with birth events. Fetal or maternal distress is a common denomination in children with cerebral palsy, as is an overall difficult birth. Cerebral palsy affects the baby’s muscles and nerves, making for frequent spasms and underdevelopment. While some surgery may help ease the symptoms, there is no cure for cerebral palsy. It requires a lifetime of medical care.

If someone suspects their baby has suffered an injury at birth, a birth injury lawyer may know how to help. Since some of these conditions need long-term care, getting the financial security to administer it is something new parents want to pursue.

10 Quick Tips for Handling a Vehicular Collision

10 Quick Tips

It goes without saying that being in a car accident is no fun for anyone. In fact, a vehicular collision can interrupt a person’s life and health to such a degree that they endure severe hardship and financial struggle because of it. Unfortunately, many victims of personal injury accidents don’t realize that their accident entitles them to substantial monetary compensation. With so many bills to pay and work to miss out on due to injuries, what you probably need right about now is financial support. 

To protect your best interests after a car accident, here are ten quick tips to take: 

1. Remain at the scene. Do not leave the area unless you need emergency medical attention. Stay where you are and call 911 immediately. 
2. Get medical care. Allow the ambulance team to examine you for injuries and do not deny medical care. 
3. Move to a safe area. If you are able, move your vehicle out of the way of traffic, to prevent another accident from happening. 
4. Exchange information. Talk with the other driver(s) involved and get their name, address, contact details, insurance company name, policy number, license plate number, and make/model/year of vehicle(s). 
5. Never admit fault. Do not apologize, say you are sorry, or make other comments that could be inferred as accepting fault. 
6. Don’t say you have no injury. Due to the rush of adrenaline and shock after the collision, your body may not have symptoms of injury just yet, but will appear in the days to follow. 
7. Take pictures and videos of the scene. Photos and video footage can say so much more compared to written testimony. Visual evidence is more difficult to dispute.
8. Inform your insurance company. Notify your insurance agent the same day or as soon as you feel well enough to make the phone call. 
9. Journal your injuries. As your injuries worsen or get better, document how you feel every day. 
10. Consider hiring a lawyer. A legal professional is going to have your best of interest in mind at all times. Lean on them for legal advice and guidance.  

If you need to speak with a Milwaukee personal injury lawyer, then the professionals at Hickey & Turim, S.C. are ready to chat with you!

How Long Do You Have To File a Car Accident Claim?

After a car accident, you might not feel injured. You may not even realize you need medical treatment for a few days afterwards. If you wait to make a claim, how much time do you have? The answer is that it depends.

Making a Claim With An Insurance Company

Your insurance company may require you to make a claim within a certain time frame of an accident. The longer you wait, it can be harder to gather evidence. The insurance company may also be suspicious of delayed claims. You should report an accident to your insurance company as quickly as possible. Each state has laws on how quickly you should report to the insurance company, from immediately to up to 6 months. If you call the police at the time of the accident, you are typically in line with reporting laws. Call your insurance company as soon as possible. Unfortunately, the insurance company may not settle quickly.

Filing a Lawsuit After an Auto Accident

Most states have laws that govern how quickly you must bring a lawsuit after a personal injury or auto accident. It’s called the statute of limitations. If you do decide that a lawsuit is required to get the insurance company to fully compensate you for your injuries, you’ll be faced with another timeline. This statute of limitations varies greatly, depending on where you live, from 1 to 5 years or even longer. In some cases, the timeline might be shorter, such as when you’re filing against a government entity.

Talking to a Lawyer Helps You Understand Your Rights

In car accidents with serious injuries, you may not know the complexity of the issues for weeks or even months after the accident. Talking to a lawyer can give you information to help you know how much time you have to file a claim. You don’t have to make a decision right away when you know your time frame. Your local car accident lawyer such as Barry P. Goldberg may be able to help negotiate with the other driver’s insurance company to keep you out of court.

You may want to wait to file a lawsuit, to find out all the damages. The problem is that if you wait too long, you might miss your window of opportunity. Make an appointment with a car accident lawyer who can advise you of your rights and responsibilities to protect yourself. Weigh the pros and cons of filing a lawsuit and take the right steps for your situation.

The 6 Kinds of Divorce

Family Lawyer

Contrary to popular belief, fault does not always have to be proven for a couple to obtain a divorce decree. In fact, many marriages have ended peacefully, with neither spouse feeling the need to accuse the other of misconduct. Check out this list of six different kinds of divorce:

#1 Fault

During fault divorce proceedings, the party who filed for divorce must prove that the other party engaged in activities that led to the breakdown of the marriage. Such activities include adultery, domestic violence, desertion, imprisonment, long-term estrangement, and drunkenness. Fault divorces are amongst the most common kinds of divorces.

#2 No-Fault

In a no-fault divorce, each spouse concedes that they took part in activities that led to the dissolution of their marriage. Neither party has to showcase one another’s wrongdoings. However, they do have to establish that they have been voluntarily separated for 12 months or more or involuntarily separated for at least two years.

#3 Uncontested

There is essentially no fighting during an uncontested divorce. Both parties agree on all matters. Oftentimes, people who get uncontested divorces do not have much to fight over. They usually do not have any children nor do they share a substantial amount of assets. Uncontested divorces are relatively inexpensive compared to other types of divorces.

#4 Contested

Contested divorces are filled with disagreements and battles. Couples who file for such divorces usually cannot agree on anything. They argue over assets division, debt allocation, spousal support, child support, and child custody arrangements. Contested divorces are usually more time-consuming and expensive than uncontested ones.

#5 Collaborative

Collaborative divorces begin with both parties signing a form that states that they will work together to achieve a mutually beneficial agreement. Attorneys, divorce coaches, financial specialists, and child specialists will work together to help the couple amicably split. Collaborative divorces are ideal for parents who do not want their children to experience a great deal of trauma during their divorce.

#6 Default

Default divorces are uncommon. They occur when one party does not respond to the other’s petition for divorce after 30 days or more of being served. They also occur when the other party cannot be contacted nor found. A judge will interpret the missing party’s absence and lack of communication as justification for a default divorce. Courts recognize a variety of divorces. Contact a family lawyer today, such as a family lawyer from the Winfrey Law Firm PLLC, to gain a better understanding of the legal processes involved in obtaining a divorce. 

Wrongful Death Lawyer in Arlington, TX

Wrongful Death Lawyer

Losing a loved one is never easy, especially when you are losing your loved one due to somebody else’s negligence, rather than old age or natural causes. You and your family are going to struggle emotionally, and may struggle financially. It may not be easy to win a wrongful death case, either, especially not by yourself. Because of this, you might need to hire a wrongful death lawyer in Arlington, TX to help you get justice.

Texas Statutes section 71.001 state that an action for wrongful death may be brought to the courts if “the wrongful act, neglect, carelessness, unskillfulness, or default” of one party causes the conditions under which the other party dies. The children, spouse or parents of the decedent may file the wrongful death lawsuit. They may also file jointly, or individually. Should the decedents family not file a wrongful death lawsuit within three months of the death, the manager of the estate may file the claim instead; barring a family member requesting the wrongful death claim is not filed.

Furthermore, in Texas, an adult child may file a wrongful death claim on their parents, or adoptive parents may file a claim on their adoptive child should the child die under negligence circumstances. An adopted child may also file a claim involving their adoptive parent, if they were fully and legally adopted. However, a child who is adopted may not file a claim on their biological parents.

The lawyers at Brandy Austin Law Firm PLLC can help guide you and answer any questions you have involving wrongful death cases in Texas. There is a statute of limitations on wrongful death cases, and you must file your claim and suit within this limitary statute. In Texas this limitation is two years from the date of the victim’s death, though there are some limited exceptions that may allow you to file a claim at a later date once the two years have run out.

Your wrongful death lawyer is going to understand the legal process far better than you could. Lawyers that specialize in wrongful death cases are going to have a detailed knowledge of the processes that are involved in these claims. Your lawyer is more or less an expert at what they do. They will know Texas laws surrounding wrongful death claims, and will be able to ensure all paperwork is filled out and submitted at the correct time.

Hiring a wrongful death lawyer is important because you have a lot of deadlines to meet so that your case will continue to be considered active. Not only can your wrongful death lawyer in Arlington, TX save you time and money, they can ensure you have the time to grieve the loss of your loved one. This means that you are not facing everything alone, and you can take time away from the court case to grieve and process the death of someone you care for.

There are many deadlines, many processes, and documents to be filed. Trust your wrongful death lawyer today.