Someone who has been injured may be curious if they have the grounds to file a personal injury lawsuit. Personal injury lawsuits are quite common–in the United States, nearly 60 percent of 27,000 tort, contract, and real property trials are comprised of personal injury suits. That same study from the U.S. Department of Justice estimated that attorneys tried more than 16,000 tort cases nationwide. What’s more, with only four percent of personal injury lawsuits actually reaching a trial, the volume of personal injury cases in the U.S. is incredible.
A majority of personal injury damages are designated as “compensatory,” in that they repay the plaintiff for losses due to the injury in question. Plaintiffs can receive compensatory damages for anything from medical treatment and lost income to emotional distress and loss of enjoyment. A vast number of personal injury lawsuits arise from vehicle accidents. A 2005 study found that over 50 percent of all injury suits came from automobile-related injuries–not surprising, considering that the National Highway Traffic Safety Administration reports over three million vehicle-related injuries a year.
According to the Justice Department’s study, plaintiffs win about half the personal injury lawsuits that continue to a trial. Regardless of the plaintiff success rate, the study reported a median overall award of only $31,000. Another study by Jury Verdict Research noted that the higher the request for damages, the larger the award given by the jury.
If you or a loved one has been injured, you may wish to contact a personal injury lawyer in your area with the facts of your case.
If there is one thing required of all medical professionals, it is to make an accurate diagnosis at all times. Correct diagnosis is always the basis of correct medication and proper medical treatment. But for both medication and treatment to be effective, these will have to be given at the time when these are most required; any delay can otherwise cause the patient greater pain and suffering or even untimely death.
Sadly, many medical errors are committed in emergency rooms where patients hope they will get immediate, effective treatment for their ailment. Some cases of emergency room errors that have led either to serious patient condition or death include a young girl’s appendix rupturing after being diagnosed with just having a bellyache, a middle-aged woman complaining of chest pains but getting discharged, only to suffer from a heart attack a couple of hours later or a teenager complaining of fever and chills, but was sent home after being given Tylenol – he died shortly after due to sepsis, an infection in the blood.
Annually, thousands of medical errors happen in emergency departments, one of the major hospital areas accountable for malpractice suits. This is because emergency rooms are always overcrowded and chaotic, the most vulnerable place where medical mistake, oversight and lack of collaboration or poor communication between nurses and doctors happen, leading to greater harm or death of patients. Besides these there is also an increase in the number of specialist physicians who decline to serve at the emergency department and a scarcity in the number of nurses, some of whom are even guilty of giving patients the wrong medication.
Included to be causing delayed or erroneous diagnosis are loss of vital patient information during shift changes, no timely access to lab or radiology reports, lack of essential patient information when doctor make a decision, fast medical care decisions under severe time limits, stressed or overworked staff, a continuous flow of patients, all demanding immediate treatment and various forms of interruptions. All these, however, are correctable with proper planning and accurate analysis of ER problems, so that failure to correct the mistakes would already be a clear indication of negligence or carelessness on somebody’s part.
Being able to survive and preserve your property and other belongings during a hurricane is a big challenge to face; oftentimes, however, the bigger challenge happens after the catastrophe – it’s how to get the amount (your policy indicates) from your insurance company.
After a major disaster, insurance firms usually deploy “catastrophe forces” composed of claim processors and adjusters who are tasked to look at the damages to your property and approximate how much fixing (not replacing) would cost. These adjusters come from independent adjusting firms hired by insurance companies, and many of them are either new on the job or make inspections on your property at a time when the real extent of damages is not clearly obvious yet. There are even accounts showing how deeply disappointed some claimants are on adjusters and on how these hired evaluators assess damages; one claimant stated that the adjuster who inspected her house for damages was not even wearing work boots, had no ladder that will enable him to inspect the roof and was rather neatly attired. The adjuster even made recommendations on what he thinks you need, which is contrary to what is really required to be done.
After applications for claims have been submitted, horrifying stories on how claims are rejected, of inadequate amount on checks and on how long these checks take to be released, follow. Insurance claims attorneys, however, know the strategies employed by insurance providers which will enable them to keep their profit big: inaccurate estimation that will undervalue the amount of damages, long delayed payments or total rejection of claims applied for.
Frustration on the part of many claimants has led to the hiring of hurricane insurance claim lawyers who are experts in interpreting insurance laws and policies and who are determined to help claimants get the benefit they legally deserve. The pain and losses homeowners experienced during the calamity ought to be enough suffering; thus, an insurance company adding to their woes is great injustice that needs to be corrected.