THE SAINT PAUL PERSONAL INJURY ATTORNEY |
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Traffic accidents are a sad fact of life. According to the National Highway Traffic Safety Administration, there were nearly 40,000 fatal car accidents and more than 1.8 million collisions that resulted in injuries in the United States last year. Often, injured victims of automobile accidents make the mistake of handling their claim against their insurance company without the help of a qualified attorney. The insurance representative will express feigned concern while he/she works behind the scenes to build a case against the claimant. When an insurance company knows that an injured claimant is unrepresented, the insurance company knows that the claimant is not prepared to take their case to court and will usually offer inadequate compensation. Insurance companies are quick to take premium dollars, but work very hard to avoid paying claims. If you have been in a collision and have not spoken to an attorney, the insurance adjuster may attempt to obtain an incriminating recorded statement from you regarding cause of the accident, will have you examined by the insurance company’s doctor, and do other things that will lead to denial of your claim. Medical malpractice can be committed by any type of health care provider, ranging from physicians to nursing home assistants. Medical malpractice can cause a variety of injures. Malpractice can result in physical injuries such as disfigurement or mental injuries such as pain and suffering. The legal definition of medical malpractice is a mistake made by a health care professional who causes injury after failing to exercise the degree of skill necessary under the circumstances. This ambiguous definition includes many types of mistakes that a health care provider might make. Some common examples of medical malpractice include prescribing the wrong medication, failure to diagnose a patient’s disease, or even the improper installation of a medical device. Medical malpractice lawsuits are complex. If you are the victim of a negligent health care provider, you should contact me as soon as you can so that your rights are protected. If you have a psychological or physical disability that interferes with your ability to work or is expected to result in death, you are probably eligible for Social Security benefits. Various Social Security benefit programs are available that address a wide range of needs. Benefit programs include Disabled Adult Child Benefits (DAC), Disabled Widows and Widower's Benefits (DWB), Social Security Disability Insurance (SSDI), and Supplemental Security Income (SSI). Although there are differences among the programs, these programs are similar in how disability is defined and how eligibility hearings are conducted. Unfortunately, many disability claims are denied. However, if you are denied, I may be able to help you appeal and secure the benefits you need, including benefits that are past due. Many owners or possessors of land are legally required to ensure that their premises are safe for visitors. This legal duty is owed because an owner or possessor is best suited to ensure the premises are safe. When there are hidden dangers present, the property owner has a duty to remove the danger or provide visitors with an adequate warning so they can avoid the danger. Shopkeepers must perform reasonable inspections of the premises to ensure the premises are safe for patrons. The degree of care that a shopkeeper must exercise is commensurate with the risks posed by his/her type of business. A property owner may also be responsible for the consequences of a third-party’s hazardous or criminal activities, to ensure that others are not injured. If you were injured on someone else’s property because the property owner failed to exercise due care, I invite you to contact me for a free consultation and case evaluation. If someone close to you was killed due to someone's wrongful actions, you may be able to bring a Wrongful Death suit against the wrongdoer. Various remedies may be available, including funeral expenses, pain and suffering, medical expenses, and lost wages or profits. Additional damages may be available if the death is the result of an intentional malicious act committed by the wrongdoer. Since angry dogs and other animals cannot exercise self-control or "know when to stop", an animal attack is a particularly frightening experience. Animal attacks can result in serious injuries, including scars, the loss of a limb, or even death. In Minnesota, an adult victim of an unprovoked animal attack that suffers injuries can recover from the owner of the dog. If the victim is a child, there is a legal presumption that the attack was not provoked. Although back, spinal, and neck injuries are commonly caused by mishaps such as auto accidents and "slip and falls", these types of injuries deserve special attention because they commonly involve serious, long-lasting symptoms and expensive medical care. A spinal injury can cause paralysis or a loss of motion or sensation. Common spinal injuries involve a herniated disk, a compression fracture, spondyolythesis, or retrolythesis. If you suffered a spinal injury that is entirely or partially the fault of another, you may be able to recover compensation for your out-of-pocket expenses, lost wages, and pain and suffering. It is important to seek immediate medical attention. Your compensation may be reduced if your injury could have been, in part, preventable if you sought immediate medical care. Frequently, someone with a spinal injury will undergo the same types of medical treatment that someone with a whiplash injury will undergo. People with more serious spinal injuries might be required to undergo surgery and epidural steroid injections. A whiplash injury is the most common injury suffered in automobile accidents. A whiplash injury involves your torso violently jolting forward while your neck snaps backward. A variety of symptoms are characteristic of whiplash injuries, including headaches, muscle stiffness, sprains, strains, spasm, tenderness, and swelling. Frequently, victims of whiplash injuries undergo orthopedic care, a series of spinal manipulation treatments administered by a chiropractor, and physical therapy. Someone injured by a defective medical device can bring a products liability action against the manufacturer of the device. In products liability law, there are two types of defects that are commonly found in medical devices. On one hand, a medical device may have a manufacturing defect. In this case, most of the devices manufactured are safe, but a few of the devices were rendered defective due to a mishap that occurred during the manufacturing process. On the other hand, if every device of its type is defective, it is considered to have a design defect. In addition, if the reseller or manufacturer of a device failed to disclose risks involved with the use of the device, they may be liable for their failure to obtain your informed consent. If you suffered serious injuries because you used a defective medical device, you can recover your lost wages, medical expenses, and receive damages for your pain and suffering. In addition, if a reseller or manufacturer intentionally concealed a known risk, additional damages may be available. Despite the rigorous testing that the FDA subjects drugs to before they are released to the public, adverse side effects may be discovered only after the drug goes on the market, especially if the side effects are intentionally concealed. These serious side effects may come to light only after the drug is widely distributed. Even safe drugs are dangerous if a prescription is improperly filled with the wrong drug or an improper dosage. |
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Copyright ©
Michael E. Douglas, Attorney at Law, Saint Paul MN. All Rights
Reserved. Minnesota Lawyer representing Personal Injury, Car / Auto Accident, Workers Compensation, Medical Malpractice, Social Security Disability claims. Dedicated to Injured Workers, Victims of Negligence, Car Accidents, Victims of Fraud, and those in need of legal assistance. |