Product Liability - A Guide to the Facts

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Defective products, whether the defect lies in the design or the production or manufacture, can cause serious injury and even death. Product liability refers to responsibility for harm caused by a product. A product can be poorly designed, so that it fails to discharge its intended function, and by its failure causes harm to its user. A product can be properly and safely designed, yet defects in its manufacturing can make it harmful or dangerous to the end user. An appropriately designed and manufactured product can be marketed with inaccurate or misleading instructions, or fail to warn consumers of dangers inherent in the product.

Products liability laws state that all members of a distribution chain---the designer, the manufacturer, suppliers of component parts, the wholesaler, and the retail store that sold the product-can all be held responsible for a dangerous or defective product.

A products liability case does not hinge on the defendant's care or lack of care. If the product is shown to be defective, a defendant is liable whether the manufacturer or supplier exercised appropriate care or not. If the product has a defect that causes harm, the defendant can be held liable for the harm caused.

Experienced product liability attorneys provide legal counsel on a broad range of products liability cases, including automotive products, , recreational vehicles, construction equipment, aircraft and their component parts, consumer products, over the counter medications, including supplements, medical devices, children's toys, clothes, and other products and many other categories.

While products are generally taken to mean tangible personal property, products liability law includes intangibles such as a gas, animals, real estate such as a house or an office building, and intellectual property such as navigational charts.

A consumer or user of a product who has been harmed by the use of a product containing inherent defects can seek damages. The person seeking damages need not be the owner of a product; someone to whom the product was loaned or given, or who was required to use the product as part of their work could also pursue a claim.

Product liability is determined by state law, and products liability cases are litigated in state courts. To pursue a products liability claim, you will need to find an experienced product liability lawyer in your state.

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Medical Liens and Personal Injury Victims

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In the practice of personal injury law it is very common to see clients who have been injured in an accident and do not have health insurance in order to pay for their medical expenses. In order to assist accident victims who lack health insurance some medical professionals will treat a patient on a medical lien basis. A medical lien can extend the amount of time allowed for payment of medical bills incurred due to an accident.

A medical lien is a formal written agreement between a patient and doctor. The doctor agrees to perform necessary medical treatments in return for a promise on the part of the injured patient to pay the bill once their personal injury claim is resolved. It is important to note that few doctors will agree to perform services on a lien basis unless the patient has retained an attorney. Having retained an attorney is a critical factor with medical liens, as the attorney will be the signatory to the lien agreement. The attorney will act in a fiduciary capacity, or position of trust, to the doctor and protect his right to payment. A common misconception of the lien agreement is that the doctor's payment is contingent on the outcome of the case. While it is common for attorneys to perform legal services on a contingent fee basis, doctors do not perform medical care dependent on the outcome of the personal injury case. The lien is simply the doctor's agreement to await payment until the accident or injury case comes to an end. At such time the payment for medical services becomes due.

It should be noted that not all doctors accept liens, and not all doctors who accept liens will do so in every case. Many times, a personal injury attorney will have developed relationships with doctors in many medical specialties who will render medical care to injured clients on a lien basis. The medical lien is a valuable tool to enable victims of accidents who otherwise do not have access to medical care to receive treatment for their injuries.

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After a Motorcycle Crash - Protect Your Rights

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Information Whether or not a police or highway patrol officer is called to the scene, it is important to obtain names of witnesses who observed what occurred and to exchange driver's license and insurance information with all other drivers involved in the accident.

Notification It is equally important to notify your insurance carrier of the collision and to cooperate fully with your insurance company.

Statutes of Limitation These laws limiting the time by when one must file a claim or a lawsuit. It is important to know which statutes apply to your particular circumstance. It is wise to contact a San Diego motorcycle accident lawyer very soon after the crash in order to make sure that your rights are not forfeited, and that you can pursue your civil remedies.

Investigation It is crucially important for investigation of your accident to start before memories fade and before critical evidence at the collision scene has been removed, washed away or otherwise eliminated.

An experienced motorcycle accident attorney will employ an investigator who will travel to the scene of your motorcycle accident to find vital evidence and secure it for your case. While you are receiving medical care and are recovering, you many not feel ready to have your case resolved, yet evidence collection needs to be under way. An attorney and an investigator can obtain factual statements, scene photographs, accurate measurements, and collision photographs, leaving you to focus on your recovery and return to the quality of life you enjoyed before your injuries.

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DUI Fines

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DUI punishment has become harsher over the past decade, and promises only to become more severe. Intimate familiarity with the penalties authorized or mandated by statute as well as the purposes of various sanctions is absolutely necessary for effective representation at sentencing. At the sentencing stage, the defendant's guilt will have been determined or admitted. This is, surprisingly, a prime opportunity for the DUI lawyer to prepare the court regarding the requirement of justice. Ultimately, the purpose of DUI statutes is to reduce the number of DUI offenses. Sanctions against convicted DUI drivers attempt to promote this through specific and general deterrence, as well as rehabilitation. Sentences may include incarceration and/or fines, community service, restitution, suspension or revocation of the driver's license, and rehabilitation programs.

A defendant can expect to pay a fine anywhere from a few hundred dollars up to several thousand dollars. The financial impact of a DUI conviction eventually extends beyond the courtroom. The real financial burden may include higher insurance premiums, loss of employment and even loss of family or child custody. The real financial cost thus cannot be easily calculated.

However, a further consideration in this context is the comparison between the amount of the fine and the financial resources of the defendant. Courts have ruled that since the defendant did not have the resources (or a reasonably near expectancy of them) to pay a $350 fine, that the fine was excessive and therefore, constitutionally prohibited.

Furthermore, the Supreme Court has ruled that the jailing of an indigent defendant solely because he or she is too poor to pay a fine violates equal protection where the offense would otherwise not be punishable by incarceration. Sentences of fine or imprisonment are thus not only challengeable on the grounds of abuse of discretion, but are subject to constitutional limitations as well.

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Product Liability - A Guide to the Facts

Image : http://www.flickr.com

Defective products, whether the defect lies in the design or the production or manufacture, can cause serious injury and even death. Product liability refers to responsibility for harm caused by a product. A product can be poorly designed, so that it fails to discharge its intended function, and by its failure causes harm to its user. A product can be properly and safely designed, yet defects in its manufacturing can make it harmful or dangerous to the end user. An appropriately designed and manufactured product can be marketed with inaccurate or misleading instructions, or fail to warn consumers of dangers inherent in the product.

Products liability laws state that all members of a distribution chain---the designer, the manufacturer, suppliers of component parts, the wholesaler, and the retail store that sold the product-can all be held responsible for a dangerous or defective product.

A products liability case does not hinge on the defendant's care or lack of care. If the product is shown to be defective, a defendant is liable whether the manufacturer or supplier exercised appropriate care or not. If the product has a defect that causes harm, the defendant can be held liable for the harm caused.

Experienced product liability attorneys provide legal counsel on a broad range of products liability cases, including automotive products, , recreational vehicles, construction equipment, aircraft and their component parts, consumer products, over the counter medications, including supplements, medical devices, children's toys, clothes, and other products and many other categories.

While products are generally taken to mean tangible personal property, products liability law includes intangibles such as a gas, animals, real estate such as a house or an office building, and intellectual property such as navigational charts.

A consumer or user of a product who has been harmed by the use of a product containing inherent defects can seek damages. The person seeking damages need not be the owner of a product; someone to whom the product was loaned or given, or who was required to use the product as part of their work could also pursue a claim.

Product liability is determined by state law, and products liability cases are litigated in state courts. To pursue a products liability claim, you will need to find an experienced product liability lawyer in your state.

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Construction Injuries - The FAQ's and the Facts

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Working at a construction site is one of the most dangerous occupations in the United States. In 2006, the latest year for which statistics are available, 1226 construction workers died from injuries on the job. General unskilled laborers are the group most at risk, accounting for 27% of construction site deaths. Ironworkers and roofers also experienced high rates of injury and death. Here are some FAQ's and facts about construction injuries.

How common are construction site injuries? Every year one out of ten construction workers sustains an injury on the job.

What is the most frequent type of accident on construction sites? Falls, both in place and from height, are the most frequent type of accidents on construction sites. Other causes of injury include electrocution, trench cave-ins, and malfunctioning equipment, especially cranes, forklifts and other machinery.

What is the most frequent type of injury sustained in construction? Back injuries are the most frequently occurring type of construction injury.

Do certain trades have higher rates of injuries and death? Unskilled laborers have the highest rate of fatal injuries. Among the skilled trades, ironworkers and roofers have the highest rates of injury. For ironworkers, decking operations carry the highest risk of injury.

Can a construction injury attorney help me claim compensation for loss of earning capacity if I am injured on a construction job? An experienced construction attorney will work to recover lost earnings, and seek compensation loss of earning capacity. For example, if you earn a regular salary, and because of your injury you miss several weeks or several months of work, you are entitled to be reasonably compensated for the entire loss of earnings from the time of your injury until you are able to return to full time work.

What kinds of expenses are involved in a construction site lawsuit? Although each case is unique, most construction site lawsuits involve fees for investigators, consultants and expert witnesses, including engineers and medical personnel, case analysis, photography, computer graphics, and other expenses associated with preparation of models and evidence. In addition there are costs associated with researching and preparing a case, deposing witnesses, and court costs.

How can I pay for a lawsuit? The usual arrangement for hiring a lawyer in a construction injury case is a contingent fee agreement. The attorney agrees to be paid a fee only if the client's case is ultimately successful, either by settlement out of court or by a judgment following a court proceeding. The attorney then receives a percentage of the final amount recovered. This fee arrangement is helpful for most people because it does not require the person bringing the case to pay any money up front. Often the attorney may also be able to front part or all of the costs of litigation until the conclusion of the case.

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The Slippery Slope of Premises Liability Claims

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The typical personal injury lawyer deals in a variety of different kinds of injury cases. Most commonly, injuries result from all types of motor vehicle accidents including cars and motorcycles, defective products, medical malpractice, and premises liability situations. Of all the different sorts of cases the latter category premises liability, more familiarly referenced as slip and fall, can often be the most difficult type of case to establish negligence or fault on the part of the property owner, the prospective defendant.

In order to establish negligence on the part of the property owner the law requires that the injured party or plaintiff demonstrate that the defendant knew or should have been aware of the problem which caused the fall. To illustrate, a plaintiff slips and falls on liquid on the floor of a supermarket. The injured plaintiff must show that the store knew or should have known that the liquid was on the floor. Often businesses keep "sweep sheets" to show that they regularly survey the floor. These sweep sheets help substantiate that although the liquid may have been on the floor they cannot be held responsible for knowing about it. Another problem for plaintiffs in establishing fault on the part of the defendant in a premises liability case is that the victim, it may be argued, was not watching where they are walking and could have successfully avoided the slip and fall injury had they exercised more awareness of their surroundings. This argument, if successfully delivered, would make the plaintiff at fault either in whole or in part for their own accident.

To illustrate the particulars of slip and fall responsibility:

A landmark case over a slip and fall injury due to a banana peel came down to a critical point. The main question posed by the judge hearing the case was whether "the banana peel was yellow or brown?" In other words, if the banana peel was yellow then it had fallen shortly before the accident and the store cannot be expected to be watching all places at all times for the possible fallen banana peel. But, if the banana peel was brown then the implication is that it had been there for an extended period of time and the store, it could be argued, should have known about it and taken action to remove it.

Many plaintiffs' law firms will shy away from slip and fall cases. When seeking legal representation for a slip and fall injury, it is of great necessity to find an attorney that understands that exhaustive case preparation is necessary in order to marshal all the evidence to have a meaningful chance of showing the defendant is at fault. While premises liability cases demonstrate unique difficulties not presented in the typical personal injury case, they often can be won through meticulous case preparation and zealous representation.

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Hit and Run Accidents Will Literally Stop You in Your Tracks

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When the sun is shining and the weather is warm, you can guarantee that many more people will be outside enjoying the nice weather, generally more people will be out and about having a good time, taking more relaxing walks, going for a drive around town, and countless other activities that involve being anywhere but being stuck inside the home.

Individuals enjoying activities and having a good time is exactly what they should be doing. Unfortunately many of the people out enjoying family activities will fall victim to being involved in a hit and run accident.

If you are in the Orange county area, San Diego, Santa Ana, Anaheim, or the Los Angeles area, and you, one of your family members, or a close friend has fallen victim to this type of accident, you should immediately contact the professional services of a reliable hit and run attorney who has experience and knowledge in bodily injury and wrongful death. The experience that only skilled attorneys can give is a must in hit and run cases in California.

Becoming a victim is tragic for not only the person involved, but for the entire family as well. This is a type of accident that is hard for anyone to believe they are actually experiencing it.

Several drivers who end up being held responsible for a hit and run accident are found to be under the influence of alcohol or the influence of some other type drug, and they wouldn't normally show this type of behavior as in a hit and run, if they were not under the influence. The sad fact is when they sober up, the shock of reality will strike them and they will become aware real fast, that they very well could be facing a prison term for a very long period of time, for bodily injury or even wrongful death that they are responsible for.

There are numerous different types of injuries a person could suffer from if they have been involved in a hit and run accident on California roadways and highways. Some of these tragic and painful injuries include broken or fractured bones, concussion, coma, facial injuries, traumatic brain injury, paraplegia, quadriplegia, wrongful death, and countless other injuries.

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Construction Injuries - The FAQ's and the Facts

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Working at a construction site is one of the most dangerous occupations in the United States. In 2006, the latest year for which statistics are available, 1226 construction workers died from injuries on the job. General unskilled laborers are the group most at risk, accounting for 27% of construction site deaths. Ironworkers and roofers also experienced high rates of injury and death. Here are some FAQ's and facts about construction injuries.

How common are construction site injuries? Every year one out of ten construction workers sustains an injury on the job.

What is the most frequent type of accident on construction sites? Falls, both in place and from height, are the most frequent type of accidents on construction sites. Other causes of injury include electrocution, trench cave-ins, and malfunctioning equipment, especially cranes, forklifts and other machinery.

What is the most frequent type of injury sustained in construction? Back injuries are the most frequently occurring type of construction injury.

Do certain trades have higher rates of injuries and death? Unskilled laborers have the highest rate of fatal injuries. Among the skilled trades, ironworkers and roofers have the highest rates of injury. For ironworkers, decking operations carry the highest risk of injury.

Can a construction injury attorney help me claim compensation for loss of earning capacity if I am injured on a construction job? An experienced construction attorney will work to recover lost earnings, and seek compensation loss of earning capacity. For example, if you earn a regular salary, and because of your injury you miss several weeks or several months of work, you are entitled to be reasonably compensated for the entire loss of earnings from the time of your injury until you are able to return to full time work.

What kinds of expenses are involved in a construction site lawsuit? Although each case is unique, most construction site lawsuits involve fees for investigators, consultants and expert witnesses, including engineers and medical personnel, case analysis, photography, computer graphics, and other expenses associated with preparation of models and evidence. In addition there are costs associated with researching and preparing a case, deposing witnesses, and court costs.

How can I pay for a lawsuit? The usual arrangement for hiring a lawyer in a construction injury case is a contingent fee agreement. The attorney agrees to be paid a fee only if the client's case is ultimately successful, either by settlement out of court or by a judgment following a court proceeding. The attorney then receives a percentage of the final amount recovered. This fee arrangement is helpful for most people because it does not require the person bringing the case to pay any money up front. Often the attorney may also be able to front part or all of the costs of litigation until the conclusion of the case.

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The Slippery Slope of Premises Liability Claims

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The typical personal injury lawyer deals in a variety of different kinds of injury cases. Most commonly, injuries result from all types of motor vehicle accidents including cars and motorcycles, defective products, medical malpractice, and premises liability situations. Of all the different sorts of cases the latter category premises liability, more familiarly referenced as slip and fall, can often be the most difficult type of case to establish negligence or fault on the part of the property owner, the prospective defendant.

In order to establish negligence on the part of the property owner the law requires that the injured party or plaintiff demonstrate that the defendant knew or should have been aware of the problem which caused the fall. To illustrate, a plaintiff slips and falls on liquid on the floor of a supermarket. The injured plaintiff must show that the store knew or should have known that the liquid was on the floor. Often businesses keep "sweep sheets" to show that they regularly survey the floor. These sweep sheets help substantiate that although the liquid may have been on the floor they cannot be held responsible for knowing about it. Another problem for plaintiffs in establishing fault on the part of the defendant in a premises liability case is that the victim, it may be argued, was not watching where they are walking and could have successfully avoided the slip and fall injury had they exercised more awareness of their surroundings. This argument, if successfully delivered, would make the plaintiff at fault either in whole or in part for their own accident.

To illustrate the particulars of slip and fall responsibility:

A landmark case over a slip and fall injury due to a banana peel came down to a critical point. The main question posed by the judge hearing the case was whether "the banana peel was yellow or brown?" In other words, if the banana peel was yellow then it had fallen shortly before the accident and the store cannot be expected to be watching all places at all times for the possible fallen banana peel. But, if the banana peel was brown then the implication is that it had been there for an extended period of time and the store, it could be argued, should have known about it and taken action to remove it.

Many plaintiffs' law firms will shy away from slip and fall cases. When seeking legal representation for a slip and fall injury, it is of great necessity to find an attorney that understands that exhaustive case preparation is necessary in order to marshal all the evidence to have a meaningful chance of showing the defendant is at fault. While premises liability cases demonstrate unique difficulties not presented in the typical personal injury case, they often can be won through meticulous case preparation and zealous representation.

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A Glimpse on Car Accidents in California I

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The General Idea

For quite a long time, car accidents have been dominating the top spot on the list of reasons why people file their personal injury claims. From the data gathered by the National Highway Traffic Safety Administration (NHTSA), it is shown that at least six people are being engaged in car accidents every minute across the United States. In the State of California, where the most of the biggest cities in terms of population can be found, these accidents also create great concerns among the people and the government.

In general, excluding the states where a "no-fault" law has been adapted, car accident cases are being managed under the "tort law", specifically the statutes on negligence. This obliges any motorist and car owners to be "reasonably cautious" when driving their vehicles. The failure to perform such deed would mean negligence on their part.

Consequently, if a negligent driver has caused any harm to an individual, his victim may file charges against him and demand for suitable compensation for the damages inflicted. However, the injured victim or the plaintiff still has to prove the following factors before he succeed in his claim case:

the driver failed to exercise due prudence in driving his car

the negligence was the main reason for the accident

the accident have caused the injuries

Thus, it would be better if the victims would still consult a car accident lawyer for further advices and information on this legal matter.

Car Accident Statistics in California

Indeed, the number of vehicular accidents in California has reached its alarming level. A recent study shows an average of 415 fatalities from car rollover cases happen every year. This is much higher compared to the last decade's figures.

According to the 2004 government study on vehicles that have been involved in fatal crashes, cars such as wagons and sedans were first on the list with more than 1,700 deaths. This is followed closely by SUVs and minivans with approximately 1,050 fatalities. The study also affirmed that the many highways in California that permits high-speed transport have been a big factor.

In addition to this, the large populations and economic growth in cities like Los Angeles, San Francisco and San Diego have also been attributed in the numerous accounts of pedestrian accidents involving motor vehicles.

Car Accident Causes

The NHTSA and other agencies assigned to look at the safety conditions on our roads have identified the following causes of accidents:

driver incompetence

over speeding especially on bad weather and road conditions

tailgating

excessive lane switching

drunk driving

inappropriate overtaking and failure to signal intent

engine or break failure

other dangerous driving activities

For more information regarding car and automobile accidents, please contact with our Car Accident Lawyers

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Understanding Contingency Fees

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In just about any personal injury attorney advertisement the words "no recovery, no fee" are usually displayed prominently. Though in the United States contingency fees have become standard for personal injury cases, they are not always applicable in other legal practices such as family and criminal law. Understanding legal fees is important when contemplating a personal injury lawsuit.

Typically, when one hires an attorney to perform legal work the client can be presented with several different methods of payment. Some attorneys work on a flat fee basis which is based on the specifics of the legal issue. This type of fee arrangement may include assistance with simple or routine legal forms. More common are time based fees, where the client pays the attorney to work on an hourly basis. In this instance, the client pays the attorney a "retainer" fee or a certain sum to be billed against. Then there are contingency fees. With a contingent fee, the attorney shares the risk with the client. If there is no settlement or court award then the client does not owe the attorney anything for his work. If the case does produce a monetary settlement or award then the attorney charges an agreed upon percentage as their fee for representing the clients case. These fees are not fixed by law and may be the subject of negotiation between the personal injury attorney and personal injury client. The contingent fee is an important vehicle in securing an accident victim the personal injury attorney of their choice. Financial inability does not stand in the way of the accident victim securing the personal injury attorney of their choice as the contingency fee arrangement allows any accident or injury victim, even those without funds, to retain an attorney to represent them.

Contingency fees can vary depending on the legal situation. Many times, an attorney will charge a lower percentage of the total recovery if a case is able to be settled out of court. The contingent fee percentage of recovery will usually increase if a case cannot be settled and goes into litigation. The contingent fee for a minor (person under 18 years of age) will be set by the court. In the event that a case involving a minor is brought before the court for approval, the court is asked to review and approve the settlement through a procedure called a "minor's compromise". This aids in the protection of the minor, and applies to personal injury cases, both big and small. When dealing with medical malpractice cases in California there is a statute that places a fixed cap percentage as the maximum that may be charged as the contingent fee.

The victim of a personal injury should thoroughly discuss any potential fee arrangements with their prospective attorney. This discussion will ensure that the accident victim has a complete and total understanding of the attorney's fees, and how those fees will be calculated. All reputable personal injury lawyers will gladly take the requisite time to ensure that their clients understand the process.

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Health Insurance and Accidental Injuries

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If you or a loved one has suffered an injury, whether from a car accident, slip and fall accident, or some other type of incident it is extremely beneficial for the accident victim that has their own health insurance coverage. Personal health insurance is helpful even if the negligent third party responsible for the injury will be ultimately covering your related medical bills.

With few exceptions the responsible party's insurance company will not be making any payments until the injury case comes to a final resolution. Consequently, having ones own medical coverage permits greater latitude in obtaining the necessary and appropriate medical care and provides a wider range of choices when it comes to medical providers for your injuries. Without personal insurance an accident or injury victim must rely on their attorney to locate the appropriate care for the victim. This may include not only doctor referrals, but referrals in the correct medical specialties in a convenient locale for the victim to undergo treatment for their accident related injuries. From time to time it is difficult to source such a health care provider, particularly if the victim is in need of surgery.

The most typical types of insurance that an attorney sees is either work related health insurance, and, or, any medical payments (med-pay) benefits under the victims own personal motor vehicle insurance policy, if a car accident related injury. In the case of personal or work related health insurance, the money that is paid out to settle the medical bills of the accident victim are typically reimbursable out of the proceeds of the third party injury settlement or award. This prevents the victim from a double recovery. Double recovery would mean that the victim's bills would be paid, and they would keep the award for those same bills. Obviously if there is no personal injury monies paid out by the negligent party then there is no duty to reimburse the health insurance for what they have paid out.

Often time's car owners have medical payments benefits ("med-pay") under their automobile insurance policy. Med-pay benefits require the automobile insurance company to pay reasonable and necessary medical bills for any of the injured occupants of the car up to the predesignated limits of the contracted benefits. In the past, many insurance companies did not have reimbursement clauses in their car insurance policies. Today most, but not all, car insurers have the right, per their contract of insurance, to reimbursement of monies paid out by them from the proceeds of the injury victim's third party settlement or award.

In most cases, the funds subjected to reimbursement are reduced by the same percentage as the victim paid in attorney's fees. In some cases the personal injury attorney may be able negotiate a greater reduction in the reimbursement amount. It is important to consider the benefit reimbursement issue when calculating what the net settlement that may be received by the injury client. An experienced personal injury lawyer can best advise their client on all matters surrounding insurance issues and the reimbursement issue.

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A Glimpse on Car Accidents in California I

Image : http://www.flickr.com

The General Idea

For quite a long time, car accidents have been dominating the top spot on the list of reasons why people file their personal injury claims. From the data gathered by the National Highway Traffic Safety Administration (NHTSA), it is shown that at least six people are being engaged in car accidents every minute across the United States. In the State of California, where the most of the biggest cities in terms of population can be found, these accidents also create great concerns among the people and the government.

In general, excluding the states where a "no-fault" law has been adapted, car accident cases are being managed under the "tort law", specifically the statutes on negligence. This obliges any motorist and car owners to be "reasonably cautious" when driving their vehicles. The failure to perform such deed would mean negligence on their part.

Consequently, if a negligent driver has caused any harm to an individual, his victim may file charges against him and demand for suitable compensation for the damages inflicted. However, the injured victim or the plaintiff still has to prove the following factors before he succeed in his claim case:

the driver failed to exercise due prudence in driving his car

the negligence was the main reason for the accident

the accident have caused the injuries

Thus, it would be better if the victims would still consult a car accident lawyer for further advices and information on this legal matter.

Car Accident Statistics in California

Indeed, the number of vehicular accidents in California has reached its alarming level. A recent study shows an average of 415 fatalities from car rollover cases happen every year. This is much higher compared to the last decade's figures.

According to the 2004 government study on vehicles that have been involved in fatal crashes, cars such as wagons and sedans were first on the list with more than 1,700 deaths. This is followed closely by SUVs and minivans with approximately 1,050 fatalities. The study also affirmed that the many highways in California that permits high-speed transport have been a big factor.

In addition to this, the large populations and economic growth in cities like Los Angeles, San Francisco and San Diego have also been attributed in the numerous accounts of pedestrian accidents involving motor vehicles.

Car Accident Causes

The NHTSA and other agencies assigned to look at the safety conditions on our roads have identified the following causes of accidents:

driver incompetence

over speeding especially on bad weather and road conditions

tailgating

excessive lane switching

drunk driving

inappropriate overtaking and failure to signal intent

engine or break failure

other dangerous driving activities

For more information regarding car and automobile accidents, please contact with our Car Accident Lawyers

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Construction Injuries - The FAQ's and the Facts

Image : http://www.flickr.com

Working at a construction site is one of the most dangerous occupations in the United States. In 2006, the latest year for which statistics are available, 1226 construction workers died from injuries on the job. General unskilled laborers are the group most at risk, accounting for 27% of construction site deaths. Ironworkers and roofers also experienced high rates of injury and death. Here are some FAQ's and facts about construction injuries.

How common are construction site injuries? Every year one out of ten construction workers sustains an injury on the job.

What is the most frequent type of accident on construction sites? Falls, both in place and from height, are the most frequent type of accidents on construction sites. Other causes of injury include electrocution, trench cave-ins, and malfunctioning equipment, especially cranes, forklifts and other machinery.

What is the most frequent type of injury sustained in construction? Back injuries are the most frequently occurring type of construction injury.

Do certain trades have higher rates of injuries and death? Unskilled laborers have the highest rate of fatal injuries. Among the skilled trades, ironworkers and roofers have the highest rates of injury. For ironworkers, decking operations carry the highest risk of injury.

Can a construction injury attorney help me claim compensation for loss of earning capacity if I am injured on a construction job? An experienced construction attorney will work to recover lost earnings, and seek compensation loss of earning capacity. For example, if you earn a regular salary, and because of your injury you miss several weeks or several months of work, you are entitled to be reasonably compensated for the entire loss of earnings from the time of your injury until you are able to return to full time work.

What kinds of expenses are involved in a construction site lawsuit? Although each case is unique, most construction site lawsuits involve fees for investigators, consultants and expert witnesses, including engineers and medical personnel, case analysis, photography, computer graphics, and other expenses associated with preparation of models and evidence. In addition there are costs associated with researching and preparing a case, deposing witnesses, and court costs.

How can I pay for a lawsuit? The usual arrangement for hiring a lawyer in a construction injury case is a contingent fee agreement. The attorney agrees to be paid a fee only if the client's case is ultimately successful, either by settlement out of court or by a judgment following a court proceeding. The attorney then receives a percentage of the final amount recovered. This fee arrangement is helpful for most people because it does not require the person bringing the case to pay any money up front. Often the attorney may also be able to front part or all of the costs of litigation until the conclusion of the case.

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A Look at MICRA and Medical Malpractice in California

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It is not the intent of this article to give an exhaustive treatise on MICRA, but rather to familiarize the reader with some of the highlights of the legislation that govern the prosecution of medical negligence cases from my perspective.

Although not strictly a personal injury case, most California personal injury attorneys consider medical malpractice to fall under the general banner of personal injury law. Many personal injury lawyers also practice medical malpractice law.

Specifically, medical malpractice is a case against a health care provider for substandard treatment of care recognized for medical practitioners in their community and causes further injury or death to a patient. The practice of medical malpractice law in California is governed by the Medical Injury Compensation Reform Act, or "MICRA" as it is commonly called. This Act, passed in 1975, regulates medical malpractice cases. The Medical Injury Compensation Reform Act is also in effect in a number of states around the country.

As the victim of a medical malpractice claim, one is able to collect, compensatory damages that may include the costs incurred around medical expenses, lost wages. A victim of medical malpractice may also be entitled to collect other special damages. Under the Medical Injury Compensation Reform Act restricts "general damages" or pain and suffering and emotional distress awards to a maximum of $250,000. The limit on the award for general damages holds true no matter how serious the injury caused to the victim.

The Medical Injury Compensation Reform Act also regulates attorney fees on a sliding scale that diminishes the amount paid to the attorney of the recovery. It must also be kept in mind that the costs of prosecution including costs of retention of expert witness and depositions are deducted from the settlement or court award prior to the calculation of attorney fees. In the typical personal injury case the usual custom and practice in the legal community is for attorney fees to be calculated as a percentage of the gross recovery.

The average person may think that regulating attorney fees and costs is advantageous to the consumer. This notion, in fact, is untrue; these types of regulations actually work against the consumer. Restricting the amount of fees an attorney can charge, changing the manner in which fees are calculated, and, most importantly, limiting the amount of general damages, makes it far more difficult for the victim of medical malpractice to find an attorney willing to represent their case. When injured victims cannot find counsel, the final result is often medical malpractice cases cannot be prosecuted in a cost effective and profitable manner. It is not uncommon for medical malpractice lawyers to speak to a prospective client who has already spoken to numerous attorneys trying to find representation, many times with no luck at all. Of course, discouraging medical malpractice cases was one of the primary objectives of MICRA as well as limiting just and deserved compensation to injured victims. It is also worth noting that the primary provision, including the limit on damages, has not changed since MICRA was enacted more than 30 years ago!

Most personal injury attorneys can answer your specific questions as to how MICRA would apply in the individual case. If you have a question about MICRA, or personal injury law in general please consult your local personal injury lawyer who can give you the specifics as to how your situation is impacted by the law.

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A Glimpse on Car Accidents in California I

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The General Idea

For quite a long time, car accidents have been dominating the top spot on the list of reasons why people file their personal injury claims. From the data gathered by the National Highway Traffic Safety Administration (NHTSA), it is shown that at least six people are being engaged in car accidents every minute across the United States. In the State of California, where the most of the biggest cities in terms of population can be found, these accidents also create great concerns among the people and the government.

In general, excluding the states where a "no-fault" law has been adapted, car accident cases are being managed under the "tort law", specifically the statutes on negligence. This obliges any motorist and car owners to be "reasonably cautious" when driving their vehicles. The failure to perform such deed would mean negligence on their part.

Consequently, if a negligent driver has caused any harm to an individual, his victim may file charges against him and demand for suitable compensation for the damages inflicted. However, the injured victim or the plaintiff still has to prove the following factors before he succeed in his claim case:

the driver failed to exercise due prudence in driving his car

the negligence was the main reason for the accident

the accident have caused the injuries

Thus, it would be better if the victims would still consult a car accident lawyer for further advices and information on this legal matter.

Car Accident Statistics in California

Indeed, the number of vehicular accidents in California has reached its alarming level. A recent study shows an average of 415 fatalities from car rollover cases happen every year. This is much higher compared to the last decade's figures.

According to the 2004 government study on vehicles that have been involved in fatal crashes, cars such as wagons and sedans were first on the list with more than 1,700 deaths. This is followed closely by SUVs and minivans with approximately 1,050 fatalities. The study also affirmed that the many highways in California that permits high-speed transport have been a big factor.

In addition to this, the large populations and economic growth in cities like Los Angeles, San Francisco and San Diego have also been attributed in the numerous accounts of pedestrian accidents involving motor vehicles.

Car Accident Causes

The NHTSA and other agencies assigned to look at the safety conditions on our roads have identified the following causes of accidents:

driver incompetence

over speeding especially on bad weather and road conditions

tailgating

excessive lane switching

drunk driving

inappropriate overtaking and failure to signal intent

engine or break failure

other dangerous driving activities

For more information regarding car and automobile accidents, please contact with our Car Accident Lawyers

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Looking Through The Mist - Minor impact soft tissue injuries

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As a personal injury lawyer in California can, a lawyer, or elsewhere, so I tell you, with little effect on cases that are the types of soft tissue injuries, including whiplash injuries, especially "red flag" from the field insurance as a case with special needs. These cases were caused by the code-word "nebula known as the abbreviation of a minor impact soft tissue injury. The idea behind the shit" "damages with insurance companies to providefor lower pay outs for claims resulting in little or no damage to the vehicles involved in an auto accident, and to also permit the insurance companies to pay less for injury claims that cannot be easily seen by the naked eye.

MIST cases are typically denied in their entirety by the defendant's insurance company. If the MIST claims are not denied categorically, the defendant's insurance company will often make an extremely low offer to settle, often not enough to even cover all the related injury expenses. This holds true even in cases where the defendant is clearly at fault in the accident. What can be even more frustrating is the fact that often, fault is admitted by the defendant in the accident. The insurance companies simply state that these "low ball" settlement offers are in keeping with what they see jury verdicts rendering in these kinds of related personal injury cases. As a result of the difficulty in litigating MIST injuries, many personal injury attorneys no longer accept car accident cases involving only minor damage to a vehicle if the damage is involved injury of soft tissues.

The difficulty of soft tissue injury litigation created a dilemma, so that a victim of traffic accident with only two choices: adopt the policy of offering a solution or a process that will bring the defendant before the court. Although not accept a proposal for a regulation of insurance, there are several factors to consider, while the decisionmaking process. The first thing to remember is that going to court involves a substantial commitment of time for both the representing attorney and the recovering client. The second idea to consider is that bringing a case to trial and ultimately through to a verdict is often costly in terms of the expenses required to so, including but not limited to the costs of specialists, medical experts, and accident re-constructionists. Thirdly, it must also be noted that litigation can be risky and that there are absolutely no guarantees as to a successful result. It is up to the client to request their personal injury attorney to proceed through a cost-benefit analysis to determine if the case can be successfully litigated in a cost effective manner.

For victims of MIST injuries, it is important to engage in an active discussion about the possible outcomes of the options comprising soft tissue litigation. It is also important that one question their attorney about the bottom line when obtaining advice for an appropriate course of action to best resolve the soft tissue injury case.

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Looking Through the MIST - Minor Impact Soft Tissue Injury

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As a personal injury attorney in California I, or an attorney anywhere else for that matter can tell you, low impact cases resulting in soft tissue types of injuries, including whiplash, are specifically "red flagged" by the insurance industry as cases meriting special attention. Such cases have been labeled by the code word "MIST", short for Minor Impact Soft Tissue injury. The idea behind the "MIST" injury originated with insurance companies to allow for lower pay outs for claims resulting in little or no damage to the vehicles involved in an auto accident, and to also permit the insurance companies to pay less for injury claims that cannot be easily seen by the naked eye.

MIST cases are typically denied in their entirety by the defendant's insurance company. If the MIST claims are not denied categorically, the defendant's insurance company will often make an extremely low offer to settle, often not enough to even cover all the related injury expenses. This holds true even in cases where the defendant is clearly at fault in the accident. What can be even more frustrating is the fact that often, fault is admitted by the defendant in the accident. The insurance companies simply state that these "low ball" settlement offers are in keeping with what they see jury verdicts rendering in these kinds of related personal injury cases. As a result of the difficulty in litigating MIST injuries, many personal injury attorneys will no longer accept auto accident cases involving low property damage to a vehicle when the injury involved is a soft tissue injury.

The difficulty of litigating soft tissue injuries creates a quandary, leaving an auto accident victim with only two options: accepting the insurance company settlement offer or proceeding to take the defendant to court. Although one does not have to accept an insurance company settlement offer, there are a several facts to keep in mind during the decision making process. The first thing to remember is that going to court involves a substantial commitment of time for both the representing attorney and the recovering client. The second idea to consider is that bringing a case to trial and ultimately through to a verdict is often costly in terms of the expenses required to so, including but not limited to the costs of specialists, medical experts, and accident re-constructionists. Thirdly, it must also be noted that litigation can be risky and that there are absolutely no guarantees as to a successful result. It is up to the client to request their personal injury attorney to proceed through a cost-benefit analysis to determine if the case can be successfully litigated in a cost effective manner.

For victims of MIST injuries, it is important to engage in an active discussion about the possible outcomes of the options comprising soft tissue litigation. It is also important that one question their attorney about the bottom line when obtaining advice for an appropriate course of action to best resolve the soft tissue injury case.

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After a Motorcycle Crash - Protect Your Rights

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Information Whether or not a police or highway patrol officer is called to the scene, it is important to obtain names of witnesses who observed what occurred and to exchange driver's license and insurance information with all other drivers involved in the accident.

Notification It is equally important to notify your insurance carrier of the collision and to cooperate fully with your insurance company.

Statutes of Limitation These laws limiting the time by when one must file a claim or a lawsuit. It is important to know which statutes apply to your particular circumstance. It is wise to contact a San Diego motorcycle accident lawyer very soon after the crash in order to make sure that your rights are not forfeited, and that you can pursue your civil remedies.

Investigation It is crucially important for investigation of your accident to start before memories fade and before critical evidence at the collision scene has been removed, washed away or otherwise eliminated.

An experienced motorcycle accident attorney will employ an investigator who will travel to the scene of your motorcycle accident to find vital evidence and secure it for your case. While you are receiving medical care and are recovering, you many not feel ready to have your case resolved, yet evidence collection needs to be under way. An attorney and an investigator can obtain factual statements, scene photographs, accurate measurements, and collision photographs, leaving you to focus on your recovery and return to the quality of life you enjoyed before your injuries.

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Do You Have a Case? Facts and FAQ's About Premises Liability

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In California, if you are injured on someone else's property, and your injury resulted from an unsafe condition, you may have a legal claim against the property owner. Here are some FAQ's about California premises liability and your rights under state law.

What kinds of property are covered by California law?

Property includes stores, parking lots, and other commercial buildings and their surrounds. It also includes job sites, including constructions sites, and land and buildings owned or controlled by municipal entities such as cities and towns, water districts, and the state itself.

What does the law require of property owners?

The person who owns or controls a property has a duty under the law to maintain that property in a safe condition for anyone who enters the property, including visitors, customers, suppliers, contractors and other tradespeople, and workers.

What kinds of unsafe conditions are covered?

The property owner is responsible for unsafe conditions that the owner created or allowed to develop. Examples would be broken pavement that made a walkway unsafe, an unsafe elevator that is not repaired, a failure to keep stairwells properly lit, or a spill that was not cleaned up. Property owners or their designated representatives are expected to show reasonable diligence in inspecting property for hazards, and seeing that they are resolved.

Are unsafe conditions on job sites covered?

The California Occupational Safety and Health Act of 1973 is very clear about employers' obligation to assure that employees have a safe and healthful workplace. This would include maintaining halls and stairwells in the workplace free of hazards, installation and use of safety equipment on machinery and provision of appropriate safety equipment for workers.

Are there other kinds of unsafe conditions?

Here is a list of additional conditions that frequently lead to injuries:

Trash or debris left where it can be a hazard
Broken or missing railings
Broken steps
Exposed electric wires
A hole left uncovered, and without warning signage
Failure to install smoke alarms, or smoke alarms not working >
Lack of security lighting, or lighting not working
Emergency exits not marked, or locked during working hours
Hazardous materials not stored safely.
Vehicles, tools, and other potentially dangerous objects not stored securely
Warning about worksite hazards absent or inadequate

What can I do if unsafe conditions on someone else's property caused my injury?

If you have been seriously injured because of unsafe conditions, you may have a claim against the person or entity that controls the property. You should consult as soon as possible with an experienced premises liability lawyer, who can help you determine how to proceed?

Why do I need to act as soon as possible?

If there is any question of negligence, it is critical to talk to witnesses while their memories are fresh, and to gather evidence before it is destroyed or lost. Moving quickly on your concern can improve your prospects of a successful resolution.

How do expert witnesses get involved in premises liability lawsuits?

An experienced premises liability lawyer may work with safety experts, including safety engineers who can testify about safety standards and legal requirement and point out the ways that a property owner failed to meet those requirements.

Lawsuits can be expensive. How can I pay for my case?

Premises liability lawyers usually work out a contingent fee agreement. This means that the lawyer will be paid only if the client's case is resolved successfully, either by a negotiated settlement with the property owner, or if this is not possible, by a court case resulting in a judgment in favor of the claimant. The lawyer's fee is an agreed-on percentage of the settlement. A contingent fee arrangement is helpful for many people, because the person who has been injured does not have to front any money for the cost of filing, depositions, expert witness fees and other costs of prosecuting an expensive lawsuit.

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California Boat Accident - Case Study - Boat Hits Water Skier

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If you or a family member are seriously injured in a boating accident in California, then it is important for you to understand how maritime law operates. This article is a case study of a vessel collision between a small inflatable power boat and a water ski boat that illustrates boat accident law.

A maritime legal analysis is performed in order to illustrate boat accident negligence and vessel collision legal principals. This is a recreational boating accident in California.

A Case Study - A Boat Accident on Mission Bay

Picture this, a typically beautiful chamber of commerce weekend on Mission Bay in San Diego. It's Saturday morning at the beginning of spring, so the water park is busy, but not the zoo it will be in a few hours.

A ski boat is slowly towing a young girl and is going in the proper counter-clockwise rotation flow of traffic. As is usually the case in recreational boat accidents, a day of pleasure quickly turns to danger and danger in turn quickly turns to disaster.

A small inflatable power boat pops up from behind an anchored luxury yacht. The inflatable boat is going the wrong way. That is, clockwise, against the flow of traffic. Further, the inflatable boat is going way too fast. The ski boat driver takes the proper evasive maneuver to starboard and turns the ski boat in order to pass the inflatable boat port to port.

After passing the ski boat the inflatable boat driver takes a radical turn to port - - apparently in an effort to try and "catch air" over the ski boat's wake. The young girl's skis go under the inflatable boat, launching her and slamming her into the inflatable boat's engine, seriously injuring both of her legs and right arm.

Maritime Law Analysis: Rules of the Road Violations:

Federal Navigational Rules are also referred to as "Rules of the Road." The following is a thumbnail analysis of the Rules of the Road violations presented in this Case Study.

The young girl has a strong liability case against the operator of the inflatable boat. The inflatable boat operator is in violation of the following Navigational Rules:

Rule 5 - - Lookout

The vessel failed to keep a proper look-out.

Rule 6 - - Safe Speed

The vessel proceeded at a speed too fast for the conditions.

Rule 10 - - Traffic Separation Schemes

The vessel failed to proceed in the appropriate traffic lane in the general direction of traffic flow for that lane.

Rule 18 - - Responsibilities between Vessels

The vessel failed to keep out of the way of a vessel restricted in her ability to maneuver.

Defeating the Limitation Action

The inflatable boat was launched from the luxury yacht and is owned by the yacht owner. The yacht owner filed a Limitation of Liability Action in Federal District Court. The Limitation Action was defeated because the yacht owner was deemed to have privity and knowledge of the inflatable boat driver being up partying hard the night before and drinking 2 hours before the collision. The inflatable boat driver blew a.09 on the Breathalyzer and was booked by the San Diego Police for boating while under the influence.

Applying the Pennsylvania Rule

Under maritime law, when a vessel violates one of the Rules of the Road the burden rests upon the violating vessel to show not merely that their fault might not have been one of the causes, or that it probably was not, but that it could not have been. This is called the Pennsylvania Rule, or as I like to call it, "Check Mate." The Pennsylvania Rule is used to establish liability for boat collisions. Used properly, the Rule is a powerful weapon in boat collision lawsuits.

Case Result:

The insurance company for the yacht / inflatable power boat owner paid a high six figure settlement to the Guardian ad Litem of the young girl.

Disclaimer:

The foregoing is a California boat accident case study. It is not legal advice. Any resemblance to actual events, persons and/or vessels is purely coincidental. I am simplistic in order to achieve clarity. Each boat accident case is different and has separate challenges, difficulties and/or nuances. There is no guarantee that your boating accident case will have a similar result as discussed in this vessel collision case study.

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Outrageous Misconduct - How the Asbestos Industry Deceived Workers About Deadly Products

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In the early 20th century asbestos had become a widely used industrial product, found in insulation in shipbuilding and boilers, as brake lining, and as a reinforcing material in concrete, water and sewage pipes, fire resistant insulation boards, floor tiles and coverings, wallboard, ceiling tiles, and in gas masks, lifts and machinery. As early as 1918 the Prudential insurance Company ceased to sell life insurance coverage to asbestos workers because of the "health-injurious conditions of the industry."

By the 1920's, Management in US asbestos mining and processing companies and manufacturing enterprises that used asbestos knew that exposure to its fibers presented major health hazards for workers. Yet these companies did not tell their workers about the health risks, nor did they provide adequate ventilation, masks, or other safety equipment that could have reduced their exposure.

The US Bureau of Mines was also aware of the problem. In Outrageous Misconduct, his groundbreaking expose of the asbestos industry cover-up, Paul Brodeur cited a letter from a Bureau of Mines official in1933 to Eagle-Picher, an asbestos manufacturer, that stated "it is now known that asbestos dust is one of the most dangerous dusts to which man is exposed."

Asbestos companies continued to insist that there was no connection between the use of asbestos and the high rates of asbestosis, lung cancer, and mesothelioma found in workers exposed to asbestos. In 1933 29 percent of workers in one Johns-Manville facility had asbestosis. Eleven employees brought lawsuits against the company for its failure to notify them of the risk, and failure to take any preventive or mitigation action. Johns-Manville settled those lawsuits, and wrote into the terms of settlement that the employees' attorney could never again directly or indirectly participate in the bringing of new actions against the company. This requirement indicates that Johns Manville clearly understood its own liability, and its contribution to the illness and death of its employees.

During World War II, naval shipyards on both coasts employed many thousands of workers. At their peak, US shipyards and their subcontractors employed 1,337,000 workers in skilled trades, clerical, and management, and engineering, in building and repairing the country's military and commercial fleets. Asbestos products were used extensively in this work. Shipyard workers often worked in enclosed, unventilated spaces where the concentration of airborne asbestos particles was so high that the air was white. Suppliers of asbestos products and shipyard owners made no disclosure to this patriotic workforce of the lethal risks they faced working around asbestos.

A decade later Dr Irving Selikoff of New York's Mt Sinai School of Medicine grew increasingly concerned about the unusual incidence of lung cancers and mesotheliomas among asbestos workers. He embarked on a far-reaching study of the health of all 1117 members of New York and New Jersey locals of the International Association of Heat and Frost Insulators and Asbestos Workers.

He found evidence of asbestosis in over half them. The longer the exposure to asbestos, the greater likelihood of a worker's developing cancer. He also showed that the death rate among asbestos workers was 25% higher than expected. His groundbreaking study, published in 1964, irrefutably established the dangers of asbestos exposure.

After the publication of Selikoff's study, neither the companies nor their hired experts could reasonably continue to claim ignorance of the dangers. The way now lay open for plaintiffs' lawyers to file product liability suits on behalf of terminally ill asbestos workers against the manufacturers of asbestos products.

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Asbestos - EPA Declares Public Health Emergency

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In June 2009, the federal Environmental Protection Agency, EPA, invoked powers granted it in 1980 for the first time, and declared a public health emergency. The cause: asbestos and the diseases it's caused in two northwest Montana towns. In Libby and Troy Montana, more than 500 people are sick from asbestos related diseases, including asbestosis, lung cancer, and mesothelioma, a rare form of cancer caused by inhalation of fibers.

The two towns' populations total about 3900 people, many of who worked in the vermiculite mine in Libby. Vermiculite is a very lightweight mineral used in insulation, and it contains asbestos. In the course of mining and processing it, the tiny fibers become airborne, and workers and town residents inhaled them. Contaminated dust and fibers deposited on workers' clothes, and was carried to their cars, homes, and anywhere else they went.

About 50 more cases of serious asbestos related disease are diagnosed every year in Libby and Troy. Asbestosis causes serious impairment of lung function, and lung cancer and mesothelioma are fatal diseases. Mesothelioma is a very slow-growing cancer, whose symptoms may not be diagnosed for 30 or 40 years after exposure. By the time it is diagnosed, the victim's life expectancy may be measured in months. Because of the long delay between exposure and diagnosis, it's likely that many more cases of mesothelioma will emerge in the coming years.

Recent research has established that exposure to airborne fibers for as little as one or two months can lead to the development of mesothelioma 30-40 years later. The vermiculite mine in Libby, run by W R Grace Co. was closed in 1990, but long-time residents and workers had been exposed for years, some for their entire lives.

Dr Alan Whitehouse, an epidemiologist and asbestos researcher, wrote recently in the American Journal of Industrial Medicine that the mesothelioma epidemic in Libby will continue probably continue to increase, peaking in 10 to 20 years. He called it a very serious public health problem, and argued for greater surveillance of asbestos use, and earlier detection of the disease.

The US Department of Health and Human Services will grant $6 million to the Lincoln County health department. The funds will cover health care for residents suffering from related diseases that is not covered by their insurance, and will pay for all medical expenses for workers who are uninsured.

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When The Road Becomes A Hazard For Motorcycle Riders

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Motorcycle accidents, especially those in Orange County and Los Angeles County, California, are usually catastrophic. When you or a member of your family are faced with the experience of having any type of accident, it can be very traumatic. This is especially true when an accident you've had involves a motorcycle, and injuries that can result from having a Los Angeles motorcycle accident or Orange County Motorcycle crash for example. There is a wide range of bodily injuries that can be associated with having a motorcycle accident.

Some of the injuries that are involved with having a motorcycle accident can include broken or fractured bones, spinal cord injuries, brain trauma, paraplegia, quadriplegia, loss of a limb, and death. Injuries from motorcycle accidents can last for many months and even last a lifetime; they are sustained from even a slight tap from an auto with little speed. However when there is a high rate of speed like on the open highway or freeway the injuries can be devastating and can end in death for the motorcycle rider.

When the road becomes a hazard, a knowledgeable and experienced motorcycle accident and personal injury attorney knows what a devastating time this can be for you and your family. You need the assurance of knowing the personal injury attorneys that you retain have the utmost in care and will be compassionate to your needs. They will be with you every step of the way, keeping you informed and fighting for your needs.

They will be diligent in reviewing and studying your case to ensure that you receive the highest amount that you are entitled to from your lawsuit. This takes several different things to put a case together; one of these might even include experts in the field of motorcycle accidents or recreating an accident scene.

You wouldn't contract just anyone to do your car or motorcycle repairs or body work. The same should hold true for the Los Angeles motorcycle accident attorneys you retain for a crash in LA. Be sure that you retain attorneys who specialize in motorcycle accidents in the Santa Monica, San Diego, Marina del Rey, and Los Angeles area.

By doing this you ensure that they are well versed in the laws and regulations in this area and by retaining a personal injury attorney who has experience in motorcycles understands how easily injuries can happen when riding a motorcycle that offers no protection to the rider unlike that of a vehicle which has seat belts, air bags and the driver enclosed in metal.

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Choosing the Right Personal Injury Attorney

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When looking for a personal injury attorney, it behooves you to seek out a lawyer that has both the experience handling your type of case and the capability to relate to you in a personable fashion. While it can be difficult to find both these qualities in one attorney, it is certainly not impossible.

In order to find the attorney that may work the best for you, it would be wise to ask them a number of questions:

Do you handle many clients in my demographic (car accidents, mesothelioma cases, product liability)?
What is the most frequent resolution to cases similar to mine?
In working with people who are in my situation, can you offer any advice with how to deal with the common problems that come up?
In working with these types of cases, have you built relationships with people on the other side (opposing counsel, insurance adjusters, government officials, doctors, experts, specialists)?
Without going into specifics, how does my case compare to other cases like mine that you've handled?

These questions will help you choose the best lawyer for your particular situation. While all attorneys get a generalized education of legal theory and practice at law school, those attorneys that dedicate themselves to a particular field and work with clients and other professionals tend to have a more complete picture on how to handle various situations as they come up during the course of legal proceedings.

You wouldn't want to hire a plumber if you needed an electrician, would you? Granted they both work on pipes inside the walls of a house, and are both trained professionals, but nevertheless they perform vastly different tasks.

Ultimately, the choice you make for your attorney could be the most important choice of your life. Don't make one based on a flashy Web site or a fancy TV commercial. Get to know them, let them get to know you, and work with them to make the most of your situation.

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