Posts made in July, 2013

Wrongful Death from Explosion Accidents

Posted by on Jul 19, 2013 in Explosion Victims, Personal Injury, Wrongful Death

A wrongful death suit can be a hard thing to process, since there are many things to consider such as who really caused the injuries and other factors that played a part in the death. There are many ways a wrongful death claim can be put filed: fatal accidents, medical malpractice, and product liability cases. When a person dies because of the legal fault of another, then it can be taken as ground for a wrongful death lawsuit.

Among the most dangerous situation a person can be in is being involved in an explosion. According to the Williams Kherkher, fires and explosions can bring about severe burns and it can be a very traumatic experience, and people who suffered from serious burns or injuries from fires and explosions can die. Unfortunately, explosions due to natural gas or propane are common and occur frequently. Explosions, combined with fire and carbon monoxide poisoning, are leading causes of death. Some other causes are faulty installations and product malfunctions.

One such incident of wrongful death due to gas explosion is the case of a certain Megan Cramer, a waitress working at JJ restaurant at Kansas. Heartland Midwest, along with 5 other defendants in the lawsuit, has been operating in an area near the restaurant when they hit an existing gas line. The JJ restaurant where Megan Cramer worked was destroyed by the gas line explosion, killing her and injuring 15 other people. Claims of slow response to the gas leak and the failing to request for identification of the buried gas pipeline has been cited as causes for the accident and eventual death.

Explosions can happen anywhere, even at the comfort and safety of your home. Household chemicals, machines that use gasoline, and even electrical wiring can cause a fire or explosion. It is always better to be on the safe side. No amount of compensation can bring back the life of a loved one.

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Keep Your Fingers! Know These Defective Snow Blowers

Posted by on Jul 17, 2013 in Personal Injury, Product Liability

Winter can bring out a lot of joy in many people, but not all. Snow accumulated on the street or on the lawn would mean cleaning up the area, and it can be difficult feat to manage. Fortunately, snow throwers and snow blowers help in clearing snow. However, all is not well. What you need is know that snow blowers can pose a risk to you if they are not used properly or if they are defective.

The Consumer Product Safety Commission (CPSC) has issued a warning against using certain snow blowers and snow throwers. Even Habush Habush & Rottier S.C. agrees that they pose the risk of severe injuries such as finger amputations, lacerations, burns, and infections that could potentially prove fatal if not treated quickly or properly. Some of the defective snow blowers or snow throwers that have been recalled from the market are:

  1. Honda models HS622, HS724, HS928, HS1132, HS1336i, HSM1336i. They have been known to have gasoline leaks which could lead to burns or severe injuries if the gas ignites.
  2. Briggs and Stratton Corp. has recalled their Ariens Sno-Thro models because of the machine’s carburetor bowl nut lets which has the potential to let gas escape the unit, posing fire hazards. The operator also at risk of losing limbs when clearing the discharge chute.
  3. MTD Product Inc. recalled their snow blowers because of defective wheel-rims that explode and break out.
  4. A certain manufacturer of Toro snow blowers have been recalled because of their unit’s carburetor needle’s possible corrosion leading to dangers of fire.

Aside from being a necessity during winter seasons, these machines are also easy to buy since they can be found in just about any home improvement stores or major chains such as Sears and Kmart. Even with the product recall, there are still those who are using the machines and end up being injured (some with broken bones and deep lacerations). The most in danger are those who are unaware of the risks that these snow blowers and snow throwers can inflict them. It is always best to stay on the safe side: read, understand and follow the instructions, keep hands and feet away from any moving parts, don’t leave it running in an enclosed area, and always practice safe use.

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Early Detection Key to Treating Cancer

Posted by on Jul 16, 2013 in Personal Injury

Nothing provokes visceral emotional response like being diagnosed with cancer does. It is a startlingly common disease. Approximately 1 in every 4 people in America are diagnosed with some form of cancer with about 60 percent of these diagnoses proving fatal. The sad part is that not all types of cancers can be treated, and most of the treatable ones depend on early detection to keep the disease in check. It is vital to diagnose the disease as early as possible before it can get out of hand.

The rise of many cancer patients have been due to delayed cancer diagnosis. According to the website of Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., doctors or physicians have allowed the progression of cancer in their patients because they have failed to perform certain examinations or tests necessary to eventually determine and treat the disease. Most doctors often believe their patients are merely suffering from simple symptoms that can be treated with an easy prescription. Negligence on their part has caused a lot of people to suffer from the disease, and has caused patients to suffer from more pain and suffering.

There are also instances where initial examinations and tests do not show signs of cancer, causing the doctor to disregard the symptoms. Other symptoms are usually disregarded as from “benign” causes, even when these symptoms require further examinations. If they do treat the symptoms, they treat them as the disease and not as part of another disease. Doctors also rely on less definitive means of diagnostics which can be interpreted incorrectly. Another practice is to not have any follow-up examinations after having one negative result.

The U.S. healthcare system is not always effective and doesn’t always work for everyone. A lot of patients get little of the doctor’s time, if ever at all. Nevertheless, this does not mean you have to suffer from a delayed diagnosis; negligence or drawbacks from the systems or doctors are reasons enough to file a medical malpractice lawsuit.

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Protecting Yourself from Sexual Assault

Posted by on Jul 14, 2013 in Personal Injury, Sexual Assault

When we say “sexual assault” most of us often think of rape; however sexual assault can be more than that. Any kind of sexual contact which involves force, intimidation, or coercion also falls into this category. Sexual assault can happen to just about anyone – it does not consider age, race, social status, or even gender. In these dangerous times, there are ways that we can help prevent and protect ourselves from any form of sexual assault.

Starting with your home, avoid sleeping with your windows open (especially if you are alone in your house). Be aware of the possibility of being attacked even inside your own home, so therefore have a plan on how to fight any intruders and what to do when you are assaulted. Don’t just let anyone inside your home, and make sure the emergency police numbers are on speed dial. Lastly, install protective measures (such as closed-circuit television, approved bars on gates or windows, alarms, etc) in order to detect any intruders that may come into your home. If that seems like too much, having a pet for a lookout can be a great security measure. It also helps to have your home well lit.

When you are outside your home, it helps to double-up on your safety measures. Become more aware of your surroundings; know who is there with you or if someone is following for some time. Avoid walking, driving or parking on poorly-lighted places, and control your alcohol intake during parties or going out. Walk with confidence and be assertive (it makes you look stronger) and establish your personal space. Keep your things close to you, and most importantly trust your instincts. If you think you are in danger or are not comfortable with a certain place, situation, or person, then it is best to leave.

Sexual assault can be a very damaging and traumatic experience. The website of Habush Habush & Rottier S.C. says that even though taking legal action against the perpetrator can be a very intimidating step, it is important for your well-being that you do. There is nothing to be ashamed or feel guilty of as a victim of sexual assault. Those feelings should fall on the criminal. Sexual assault is a grave crime that should never go unpunished.

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Filing a Child Injury Lawsuit

Posted by on Jul 13, 2013 in Personal Injury

It can be hard for any parent to see their child or children being involved in an accident, particularly if their child or children are innocent. If the parents (or legal guardian) would like pursue a lawsuit against the ones at-fault for the injuries or damages that has been done, it may help to have legal representation.

The first thing parents (or guardians) should understand that children under 18 years of age are considered minor in the eyes of the law. This means they can’t file a lawsuit by themselves, thus the court can appoint the guardian or parent to file the lawsuit in behalf of the child/children. To begin the lawsuit, the parent or guardian should submit a petition to the court. If conflict should arise (such as the parent has caused the accident, or has a part to play in the injuries attained by the child/children) the court can appoint another person to represent the welfare of the child/children.

In a lawsuit, the plaintiff is the victim of the accident (or the ones who have filed the lawsuit). In this case technically, the parents or guardian are the plaintiff, and the defendant is the one who is being sued. It is the plaintiff’s job to personally give or provide a copy of the summons and complaint to the defendant. There are times where the case can be settled outside of court, but if both parties do not agree on the settlement, then the lawsuit proceeds to court.

Additional documents are then filed in court. These documents are filed in court with a fee to be paid to the clerk. The summons is sent to the person/persons responsible for the accident, damages, and injuries suffered by the victim, and the other party is given a certain amount of time to answer the summons. A complaint is the document that gives the necessary facts of the accident, and supports the cause of action. The complaint gives the specific details of all the reasons for the lawsuit.

According to the child injury lawyers at Habush Habush & Rottier S.C., just like in adult personal injury lawsuits, there are statutes of limitations; however, for a child or children, these statutes of limitations are delayed. The court will wait until the child reaches the legal age of 18 years old , and then the child/children has three years to either settle the claim or pursue the lawsuit.

When filing a lawsuit, it’s important to seek the assistance of a lawyer. Lawyers are trained in the legal process and know what kinds of roadblocks to expect and how to get around them. They are familiar with law and how to prove injuries based on what is required of the law. Their knowledge can be instrumental in getting a lawsuit filed on time and with sufficient evidence to make a strong case. This can be the difference between success and failure.

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