Texas has some very specific and, in some ways, restrictive laws on medical malpractice claims. The best source to get medical negligence information from is always your attorney. There are some basics that can help you understand a bit about what you’re likely to be facing if you decide to file a medical malpractice claim against a physician or healthcare facility.

Limited Damages

Part of filing a lawsuit is determining the amount of money that you want to seek in damages. In Texas, the limitation for non-economic damages is set at $250,000. This applies to all healthcare practitioners and all doctors. There are additional limitations on how much money you may receive in damages, resulting in a ceiling of $750,000 in damages overall. Your attorney will need to discuss all this with you when you sit down with them for a consultation.

Time Limits

Texas law only allows for two years to pass after the physician’s breach of duty and the filing of the lawsuit. This is why it’s important to contact an attorney right away. While two years may seem like a generous amount of time, it’s always best if the attorney is able to go to work on your claim right away. There’s a lot of work that goes into building a successful medical malpractice claim and, because of that, your attorney always benefits from having a longer period of time to put into developing your claim.

Experts

Your attorney may need to call in expert witnesses. The only people who are able to testify as expert witnesses are licensed physicians who have knowledge of the specifics that are relevant to your claim.

Insurance Doesn’t Count

In some cases, people who are considering filing lawsuits end up wondering if the money that they received from their insurance company to cover their expenses already counts against what they can sue the negligent party for. It does not. The amount of money that your insurance company paid out to you does not reduce the liability on the part of the physician or the healthcare facility responsible for the medical malpractice.

If you’re considering filing a medical malpractice claim, make sure you get an attorney who is very experienced with this area of the law and who has argued cases successfully before. Texas has some very onerous restrictions on medical malpractice claims and it takes a skilled attorney to file one of these claims successfully and to get the most for their client.

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On Friday, April 27th, 2012 the world will join together in the movement against student bullying, for International STAND UP to Bullying Day. International STAND UP to bullying day is a special event in which people across the world who have signed a special “pledge shirt” join together in wearing them to accomplish three things: (1) Send a loud, non-confrontation message of resistance to bullies, (2) Identify themselves to victims as a source of support willing to help, (3) Draw attention to the effects of bullying, and stimulate passive bystanders into action.

The stand is taken globally, with pledge shirts and services being made available to schools and workplaces in 25 different countries, United States included. To date, more than 2,600 schools, workplaces and organizations representing more than a million people have taken the STAND.

In honor of International STAND UP to bullying day, our Michigan personal injury lawyers of Buckfire & Buckfire, P.C. would like to share an infographic that we created to display the facts and statistics about student bullying. The idea for the infographic arose from the many calls our Michigan personal injury lawyers receive every week from concerned parents about their children who are being bullied in Michigan school.

“Student Bullying in the United States Statistics and Facts” is a visual representation that quickly and clearly identifies facts and statistics of how serious and prevalent student bullying in our United States school systems. Some of the visuals on the infographic include two maps of the United States, one classifying which states are the worst to live in for bullying K-12, and one classifying which states enforce bullying laws, as well as other helpful visual aids.

To learn more about student bullying facts and to view the “Student Bullying in the United States Statistics and Facts”, visit www.BuckfireLaw.com Near the bottom of the homepage you will see a link that will directly take you the “Student Bullying” infographic. Share this infographic with others working to prevent this problem by embedding the graphic on your own site, emailing friends and colleagues, and sharing on all social media sites such as Facebook, Twitter, and Google Buzz. You can do this by using the appropriate social media buttons on the left of our homepage by “liking,” “Tweeting,” “+1,” our homepage – www.BuckfireLaw.com.

The infographic is licensed under a Creative Commons Attribution-NoDerivs 3.0 Unported License. We ask if you share the infographic to please include the source of the infographic: www.BuckfireLaw.com – Michigan Personal Injury Lawyers.

Student bullying is a serious issue and should not be taken lightly. There is still time to register for International STAND UP to bullying day. All registration is online and can be found by visiting http://www.standupday.com/08/participants/index.php?target=profiles&mode=add

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Motorcycles are no doubt fun to ride. With summer just around the corner, we will soon start seeing more and more motorcyclists take to Michigan’s roadways. However, it is also important to remember that motorcycle accidents can have devastating consequences especially for riders and passengers. It is often the people on the motorcycle who suffer major injuries when a collision occurs between a motorcycle and another vehicle. Solo motorcycle accidents can be tragic as well.

There are several steps motorcyclists can take to ensure that they are safe while riding on Michigan roadways this summer. Before taking your motorcycle out, you should always make sure that your motorcycle is in good working condition. Check your tires for any bulges, cracks or signs of wear in the treads. Make sure there are no oil or gas leaks. Also, ensure that all lights are functioning properly. It is also important that you check your motorcycle’s hydraulic and coolant fluids.

It also helps to remind yourself about some of the safety measures to take when you are riding. Maintain safe spacing, which means that you should leave plenty of space in front and back and to the sides from all other vehicles. This gives you the space and time to react to situations. Be wary of oncoming left turners. Vehicles turning left in front of motorcyclists is the leading cause of fatal motorcycle accidents. Slow down before entering an intersection. Stay visible. Don’t try to keep up with friends who are more experienced. Know your personal limits.

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One thing you do not expect when you are prescribed a medication is for that medication to cause you harm. Drug manufacturers have an obligation to ensure that their products are safe for consumers and that the risks do not outweigh the benefits. They are liable for any unnecessary harm that comes from their medications—that is unless they manufacture generic brand drugs. In 2011 the Supreme Court ruled in Pliva v. Messing that generic drug makers are not liable for harm that comes from taking their products. This is unacceptable and iIf you have been the victim of adverse side effects from a prescription drug contact personal injury attorneys in Philadelphia today to get the compensation you deserve.

Currently the Democrats in both the U.S. House of Representatives and the U.S. Senate are pushing bills that would overturn the Supreme Court ruling and hold the generic companies to the same standards as name brand manufacturers.

It seems like it would be a given that a manufacturer be held accountable for their dangerous product, and it was not unanimously agreed upon in the Supreme Court. The final ruling was a 5-4 split between the justices.

Supreme Court Justice Sonia Sotomayor was dissenting and she explained that, “As the majority itself admits, a drug consumer’s right to compensation for inadequate warnings now turns on the happenstance of whether her pharmacist filled her prescription with a brand-name drug or a generic. The majority offers no reason to think—apart from its new articulation of the impossibility standard—that Congress would have intended such an arbitrary distinction.”

A Philadelphia Story

In recent years, there has been an influx of lawsuits over the injury caused by the medication Avandia. Avandia is a medication made by the company GlaxoSmithKline, the largest drug maker in the U.K. It has been found that this medication, meant to treat type 2 diabetes, has an increased risk of heart attacks. It has been reported that more than 13,000 lawsuits have been filed against the company for this drug, and according to Bloomberg News, at least 2,500 of these cases were tried in the superior court in Philadelphia.

Under the current Supreme Court ruling, an individual who took a generic version of Avandia would not be able to be a part of these lawsuits because currently the manufacturer of the generic medications does not assume liability for any injury resulting from their product. Whereas if these bills pass in Congress the generic drug makers would no longer be able to divert blame to the larger companies who make the brand-name version, instead it would add responsibility on their part to further ensure that only safe products make their way to consumers.

Personal Injury Attorneys in Philadelphia Who Care

We take medications expecting them to benefit our health or to aid us in overcoming an illness, we do not expect to suffer injury as a result. If you or someone you love has suffered injury as the result of taking a dangerous medication, speak with experienced Pennsylvania pharmaceutical injury attorneys today to find out your rights and options.

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Going to court is always intimidating. When you’re going up against a huge corporation, it’s even more so. Drug corporations have huge amounts of money to defend themselves. GlaxoSmithKline, for example, makes billions every year on sales of Paxil, only one of its many drugs and one that is already known to have potentially deadly side effects for patients. When you’re going up against a company this powerful, it’s natural to be a bit doubtful about your chances. You do have something on your side that all the money in the world cannot quash, however: science.

Understanding Dangerous Drugs

Some dangerous drugs start out on the market without anyone really knowing how dangerous they actually are. This is frighteningly common. Later in the drug’s usage life, people will find out that it’s deadly, or at least dangerous, and it will be taken off the market or given a black box warning. This is when the lawsuits usually start pouring in.

The reason that these drugs do end up getting taken off the market is because there is specific information about them that comes to light that demonstrates that they are, in fact, dangerous to the people who take them. When enough people bring these lawsuits, there is usually enough evidence that it doesn’t matter whether or not the drug company comes with a lot of attorneys to defend them. If the drug is known to be dangerous, it is a medical fact.

When Attorneys Can Help

Attorneys can actually help you at every step of the way. If you’ve been injured by a dangerous drug, they can make sure that you do get a chance to go after the manufacturer. They cannot guarantee that you’ll win, but having a good attorney makes it more likely hat you will. It also helps if the drug is already known to be dangerous.

Product liability law firms are generally aware of all of the dangerous drugs on the market and about legal proceedings relating to them. If you’ve been injured by one of these drugs, consider talking to a defective products attorney. They can sit down with you, give you all the facts about the product in question and make sure that you have all the information you need to decide whether or not filing a lawsuit against the company is something that you want to do. If it is, they can represent you in court against the company, no matter how big they are.

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What is a statute of Limitations?

A statute of limitations is a law that places a time limit on pursuing a legal remedy in relation to wrongful conduct that causes an injury. After that statutory period expires, a person who is injured loses their right to seek damages or other financial relief. In the case of an accident-injury, this could mean losing out on a lot of money that you may be entitled to.

What do I need to be aware of?

Different states have different statutes and lengths of possible legal recovery time. It can be difficult to keep track of what the law in each state says. Because of this, it is important to know what the law in your specific state says and how long you have to seek damages. It is important for a person who is concerned that the statute may run out on them to take action sooner rather than later.

What should I do?

The most important step you should take to make sure the statute of limitations doesn’t run out on your case is to consult with a personal injury lawyer. An accident-injury lawyer can help you ensure that the statute does not run out on your case and eliminate your ability to seek damages and lose money. A qualified lawyer will be able to help determine which statute applies to your case and can advise you what steps to take next.

The Demas Law Group has been providing the highest quality of legal services to the injured Californians. We take great pride in meeting our clients’ needs while working together to win your case and obtain the maximum compensation allowed by law. We are here to help you during this difficult time. Call our team of Sacramento personal injury lawyers at 888 776 0977 to speak with an attorney. To learn more about why you should hire us click here.

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Michigan Governor Rick Snyder has signed legislation that will give many motorcyclists the option to ride without a helmet. According to a news report in ClickonDetroit.com, the new measure will allow riders 21 or older to ride a motorcycle without a helmet if they carry extra insurance and meet training or experience criteria. The Republican governor’s action has essentially ended a long drawn out effort to change the state’s helmet laws. Earlier legislations to repeal the motorcycle helmet law were vetoed by then Governor Jennifer Granholm.

Some riders believe that wearing or not wearing a helmet is up to the rider. To them, it is all about freedom. Gov. Snyder told the media that although he expects many riders to continue wearing helmets, those who choose not to wear one should have the latitude to make their own “informed judgments” provided they meet other legal requirements. However, critics of this legislation say that the change will lead to more motorcycle accident fatalities. Michigan is the 31st state to make motorcycle helmets optional.

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It seems like every time I look at a newspaper there is a tragic story of a pedestrian being hit on a valley road, which usually results in the pedestrian being killed. It seems silly that people are risking their lives over jaywalking.  Everyone is guilty of doing this, but at some point the message needs to sink in, it isn’t worth it.

8 News Now had cameras on Maryland Parkway, in only a matter of minutes, they caught several people cutting across the street, and not obeying the signals.

According to Metro Police, 14 people have died on valley road ways this year, triple the number for this time last year. In only 10 minutes, 8 News Now cameras had caught 20 people jaywalking across 6 lanes of traffic. A lot of people justify this by saying that there wasn’t any traffic so it didn’t matter.  With the rise of fatalities this year, hopefully people will start following the traffic signals more than judging the safety themselves.

Police have been targeting areas and handing out tickets for jaywalking. Pedestrians need to understand how serious the problem has become and how dangerous this year has been. Hopefully with how much this is being highlighted in the media, pedestrian fatalities will come down.

Auto-Pedestrian Accident Attorney

If you or a loved one has been injured as the result of an auto-pedestrian accident, contact a personal injury attorney. You may be entitled to compensation, and most personal injury firms will give you a free consultation. Don’t hesitate to seek help, if someone is lucky enough to walk away from such a horrific accident, usually they have suffered life altering injuries. Make sure you get an experienced personal injury lawyer on you side.

What can you do to help?

If you are a Clark County High School student, the Richard Harris Law Firm is sponsoring a contest for high school students to make a 30 sec clip on pedestrian safety. The winning ad will be aired on local  TV, in addition to the student receiving a MacBook Pro with Final Cut Express, other prizes for entries will be available as well. If all of us team up, we can raise awareness. If you have any questions, go to StudentsWithACause.org for official rules and details.

Sources:

“Jaywalking Chronic Problem in Las Vegas Valley”, by Patranya Bhoolsuwan and Mark Multchler

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Just about everybody has probably heard news stories about unsafe drugs. Sometimes, people end up wondering how a drug that is already known to be unsafe could end up staying on the market. There are some examples of drugs that are known to be dangerous and that persist in the consumer marketplace. Accutane and Paxil are both examples of such drugs. The reason that these products are still available on the market are sometimes obvious and sometimes more complex.

Treatment Options

For some conditions, dangerous drugs constitute the best available treatments. As an example of this, consider chemotherapy drugs. These drugs not only carry the risk of doing significant harm to a person, they can actually kill people in some cases. The reason that these drugs are still on the market is that they are, at present, among the most effective known treatments for cancer and patients sometimes opt to undergo this type of treatment to increase their chances of surviving cancer.

One of the characteristics of cases where people end up suing over drugs that proved to be dangerous is that the people generally were not warned of those dangers. This is usually the crux of the case. Again, chemotherapy drugs give a good example of how this works. If you were to undertake chemotherapy, the physician would warn you of all of the potential side effects of the drugs and you would have to accept responsibility for taking that risk. As long as you know about the risks and you accept them, you really have no option for filing a lawsuit. Lawsuits are usually filed when somebody isn’t warned about all of the risks that a drug poses to their health and when they end up suffering illnesses or injuries because of those risks.

Product liability lawyers in Texas can give you more information about how cases over dangerous drugs work. If you believe that you were given a medication without being adequately warned about the potential side effects of that medication, contacting attorney may be a sensible move. Most of the time, they’ll be willing to sit down with you for a free consultation so that they can determine whether or not you have a good case on your hands. If you do, they may want to represent you in court and help you pursue damages from the company responsible for manufacturing the drug.

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Did you now that every day another 10,000 Americans reach the age of 65? It has also been reported that by the year 2020 one in six people in this country will be 65 or older. With that in mind there has been a long standing debate about if or when licenses should be taken away due to age.

Car accidents are a sad reality of our society, and when we are injured in an accident that was the result of someone else’s negligence there are Paterson car accident lawyers there to help. A skilled attorney will be able to not only help you navigate the sometimes difficult avenues of the civil justice system but will also help you to get your life back on track following an accident.

The National Highway Traffic Safety Administration (NHTSA) reported that in 2009, 16 percent of all traffic fatalities were people aged 65 or older—5,288 elderly drivers were killed. It was also reported that another 187,000 elderly drivers were injured during the same year. The NHTSA does not suggest that older drivers have their privileges taken away, just that they plan for, along with their family, when that time comes.

There are several factors that should be taken into consideration with regards to ending your driving days including:

• Eye sight
• Hearing abilities
• Medical conditions
• Cognitive abilities
• Reaction time
• Reflexes
• Physical fitness
• Familial concerns

Age alone is not distinguishing factor of your ability to drive, but older motorists need to take responsibility and know when it is time. Often times the best thing to do is to listen to your family members when they express concern about your ability to operate a vehicle safely.

Unfortunately, most times people wait to make this decision until there is an accident or until a serious health even occurs, but it is best to prepare for this ahead of time. You should have a plan in place as to how you will get around when it is no longer safe for you to drive. This could mean finding out more information about public transportation options or making arrangements with relatives.

While some states do have regulations with regards to elderly drivers, New Jersey does not. That makes it even more important for older motorists in Paterson and other New Jersey cities to have a plan in place and be willing to stop driving when the time comes.

As you age the physical impacts on your body can significantly impair your ability to drive safely. As hearing and vision abilities decline, the likelihood of an accident increases. It is a difficult time in one’s life, and further losing you freedom can be difficult to cope with but the most important thing to focus on is your safety and that of the people on the roads around you.

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