Arkansas injury attorney
The Bavis Wrongful Death Lawsuit is the Last of the 9-11 Suits to be Settled
That memory of 9/11 will be with everyone until the day they die. It will never fade from the minds of Americans.
Aside from the anguish of 9/11 and the heart-wrenching deaths, there is another side to this story. Many stories unfolded in court in the form of wrongful death lawsuits that arose from those terrorist attacks. The last of the suits was settled in early October 2011. The Bavis family’s goal was to inform the public about the weaknesses in America’s air safety system.
When they had done what they could to draw attention to serious security risks, they let the memory of the Los Angeles Kings hockey scout rest in peace with the knowledge that they had given him a voice, even after death. In part, the family settled with United Airlines and the security company, Huntleigh USA Corp., as they found out the trial, slated for November 7, 2011, would be limited to three weeks.
The focus of their suit was security lapses on the day that is forever burned into the world’s collective consciousness. The family wanted important information about airport and airline security to be put into public record so Americans understood, in part, what happened on September 11. That day, Mark Bavis, whose remains other than a miniscule bone fragment have never been found, was on United Airlines Flight 175 at Boston’s Logan Airport. His mom, Mary Bavis, filed the suit and the terms of the eventual settlement were not released to the public.
The family’s desire to keep awareness on airport screening has not dimmed. Their drive is to make future travel for others safer, and they will not stop until they have achieved their goal. It is something that would have perhaps saved hundreds of lives that day, had those that killed Americans been nabbed prior to boarding.
The Bavis family points a finger squarely at Huntleigh and United for security failures that allowed the terrorists to hijack the flight their son was on. These failures involved not hiring and retaining qualified screeners or properly training them in light of heightened terrorism threats.
This became the focus of the lawsuit when it was discovered that at least nine airport security screeners, immigrants who spoke limited to no English, did not even know that the threat level had been raised to the likelihood where terrorists would attack civil aviation targets. Those same nine screeners had no clue who Osama bin Laden was and had not heard of al-Qaida.
It was not just the screeners that did not know the threat level had been raised. It was management too, as the shocking fact that the security company’s director of training and its general manager at the airport had never heard of bin Laden or al-Qaida. Management and screeners allowed knives, pepper spray and Mace onboard that fatal flight.
None of it should have happened; none of it. It left the world in tatters and will haunt everyone forever. Nothing can be done to turn the clock back, but one thing is certain – if you are dealing with a situation in which a loved one lost their life due to the wrongful actions of others, do not hesitate to contact a skilled and compassionate Arkansas injury lawyer.
If you seek justice for harm done to you, the only way to get a fair hearing and be fully informed of all your options is to discuss your case with an experienced Arkansas injury lawyer.
Michael G. Smith is an Arkansas injury lawyer and Arkansas business dispute lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com.
Man Stabs Mother After Stopping Anti-Psychotic Medication
One wonders about doctors that stop medication for patients before it is wise to do so.
In this interesting, yet disturbing medical malpractice case, a man stabbed his mother to death a few days after being taken off anti-psychotic medication. The man’s father filed a medical malpractice lawsuit against the physician who made that decision.
In this reported case, the story began in 2001, when John Doe (names have been changed to protect their identities) first started treatment for violent tendencies and sexual compulsions at a local health center run by Dr. X. A part of the treatment for John Doe was anti-psychotic medications, which seemed to deal with his symptoms well enough that they were subdued. Doe was on a cocktail of medications to alleviate his angst.
In 2002 however, the doctor took Doe off two of the most powerful medications he was taking as there were concerns that the medication might lead to a potentially dangerous syndrome. Once taken off those drugs, Doe started experiencing horrendous nightmares about the devil wanting him to do evil things. A few days later, Doe attacked his mother and killed her by hitting her in the head with a battery charger and stabbing her 72 times.
Doe’s father consulted a personal injury lawyer and filed a medical negligence lawsuit against the doctor, stating that in making the decision to take his son off his anti-psychotic medications, it had caused him to kill his mother. The first time the case went to court, the judge said the doctor was not at fault for Doe’s action. On appeal though, the decision was reversed, sending the case on its way to the Georgia Supreme Court.
The Georgia Supreme Court ruled that the father could move forward with his lawsuit, despite the fact that there were many painfully evident questions about Doe’s competency and sanity at the time of the killing. Will they win their case against the doctor? Chances are the family will likely win the case, as there may well be enough evidence to prove direct causation between Doe being taken off his medications and the subsequent attack that killed the mother.
Cases like this typically employ the use of expert medical witnesses to testify as to whether Dr. X was negligent in taking Doe off two of the medications that were keeping him under control. Certainly, there will be a “risk of keeping him on the drug versus him not being on the drug” kind of analysis to address whether or not another doctor in the same area of practice would have done the same thing, and therefore it would be acceptable.
Based on the cursory facts that we do know, there does appear to be a chance the family may win its case. However, having said that, each case is different and the expert medical witness testimony will be crucial to the eventual outcome.
Have you been in a similar situation, where a doctor has given you medications that caused a mental, emotion or other dangerous side effect? If so, do not second guess your feelings. Call an experienced Arkansas injury lawyer for advice. It will be a call well worth making. An Arkansas injury lawyer will be able to advise you on the nature of your case, and whether there is enough evidence to move forward to justice.
Michael G. Smith is anArkansas injury lawyer and Arkansas business dispute lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com.
Resolving business disputes isn’t always easy
Running a business is not the easiest thing in the world. Knowing how to resolve business disputes is a major asset.
Running a business is something most entrepreneurs revel in. They thrive on the adventure and develop some finely tuned skills to run their businesses. If their business gets big enough, they may even hire people to work for them. Success is something most business owners strive for and the best way to be successful and on top of your form is to know how to solve and resolve business disputes. We’re all human and from time to time, things hit the fan. It’s the mark of a smart businessperson to know how to nip disagreements in the bud.
The first thing to try is direct negotiations. Cut to the chase and get it done. This is considered to be one of the most cost effective ways of handling disputes. That isn’t to necessarily say this is an easy method, because it often isn’t. Before jumping off into uncharted waters and attempting direct negotiation, look at the issue causing the problem from every possible angle.
For example, one of the things you need to ask yourself before you start is if you really want to keep a relationship with the other party now or for the future. You might also want to consider if you really want to deal with the dispute at all. For extra input on your situation, contact a knowledgeable Arkansas business dispute lawyer.
While that may sound counterintuitive, there are situations where some things are best left alone for a variety of reasons. Know what those reasons are before starting something you might not be able to finish. Also, walk a mile in the other side’s shoes. This gives you a much broader perspective from which to work. It may also provide a solution to the sticking point.
Mediation is also a good recourse, where a neutral third party moves things along to resolution. The mediator is not the decision maker, but instead, the facilitator who helps both sides reach a mutually agreeable resolution. Keep in mind that any talks during mediation can’t be used in court for the simple reason that the information is confidential. If you aren’t sure about the rules, call an Arkansas business dispute lawyer for help.
You might also want to try arbitration, where an arbitrator hears both sides and then makes a decision; sort of like a judge. In arbitration, the decision is binding and even if the parties involved don’t like the decision, it’s a done deal. This process is generally longer than mediation.
When all else fails, there is always litigation, something most people want to avoid due to the costs. The case goes to court and the judge makes a decision based on the evidence – meaning which party is in the wrong. If you have to go to court, then you do what you have to do. But the vast majority of business disputes are settled out of court, usually because each side figures they might lose if they actually start a trial.
When in doubt about what will work in your situation, contact a seasoned Arkansas business dispute lawyer for advice. It’s the best money you will ever spend.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas business dispute lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Fast Moving Car Crashes Into Amish Buggy Causing Fatality and Injuries
Many wrongful deaths are the result of car accidents. This case was unusual as it involved a buggy.
There are many kinds of vehicles on the road today, and that includes a horse and buggy. More often than not, the horse and buggy transportation is usually found near areas where the Amish live. It is then not so unusual to expect to see them on the road and get around by this mode of transportation.
In this reported case, the driver who slammed into the back of a buggy came up over a hill and could not slow down. That begs the question of how fast the man was going, which is something the police are looking into further. The fact that the buggy was dragged so far down the road is a pretty good indication that the car was moving rapidly.
The accident happened when three young people were heading east on the highway. The driver of the car that hit them was also traveling east at a good rate of speed and ploughed into the slow moving buggy. While the car driver indicated that there was no slow moving vehicle triangle on the back of the buggy, you cannot miss a horse and buggy on the road in broad daylight at noon, which is when the accident happened.
As a result of being rear-ended, the buggy driver and his two passengers were ejected onto the road after being dragged several hundred feet. A 17-year-old girl was pronounced dead at the scene by responding emergency crews. The other two were taken to the hospital with the second female passenger being flown to an experienced trauma hospital. She has life-threatening injuries. The car driver did not sustain any injuries.
This will most likely become a wrongful death case. While there may be some question about the speed the car was going, ultimately the driver was handling the vehicle negligently or he would not have rammed into it. There are also two victims in this fiasco that will want to discuss their cases with a personal injury lawyer. Medical expenses these days are extremely high and both the victims that survived will have enormous bills and not have any way to pay them without suing the driver of that car.
In a personal injury case, the victims are entitled to recover compensation for their injuries, pain and suffering, lost wages, loss of consortium, and medical expenses. In a wrongful death action, the victim’s representatives may also recover expenses for things such as funeral and burial expenses, loss of wages and loss of inheritance. In both types of cases, there must be an element of negligence present and that negligence needs to have a direct link to the injuries sustained by the victims.
If you have been in an accident like this one, you will need compensation to pay your medical expenses and for other things such as therapy. Do not waste time dealing with an insurance company, whose only goal is to get you to reduce the amount of your claim. Call a skilled Arkansas injury lawyer and start asking questions. That is their job to get you the compensation you deserve.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas business dispute lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Nursing Home Abuse Comes In Many Forms, Some Too Subtle To Spot Immediately
Nursing home abuse is more common than you think. More seniors need care and yet there are fewer resources to provide adequate services.
This is not a good sign of things to come. Nursing home abuse is on the rise across the nation and this is reflected in more abuse lawsuits filed every year. If we do not get a handle on this type of abuse, those of us who are reading about this now may well become victims on the receiving end later in life. That aside, no senior deserves to face abuse.
While it is difficult to get your head around the idea of people abusing an elderly person in their care, it happens. And, it does not just happen in nursing homes. It happens in private care homes and even assisted living complexes. Some signs of abuse are stunningly evident such as bruises, scratches, changes in behavior and bed sores. Other signs of abuse are not so obvious and the biggest one with the highest rates of deaths attached to it is dehydration.
Often, nursing home workers fail to recognize and subsequently treat a patient suffering from dehydration. Seniors are particularly vulnerable to dehydration and its presence often leads to more severe conditions. Mild dehydration is fairly subtle and not always easily identified, but workers are specially trained to detect this. The symptoms of mild dehydration may manifest themselves with headaches and dizziness.
If the patient is not treated at the early signs of dehydration, their body temperature starts to fluctuate, their immune system is not a strong as it should be and their blood pressure may become dangerously low. How do family members spot trouble like this? Take a close look at their eyes. They will appear to be sunken into their head and their usual character may be slightly off. There may also be signs of confusion.
Act immediately to remedy the situation and monitor your loved one after that. It is often a smart thing to keep a log of visits to the home and your observations when you are there in addition to what actions you took to advise the staff there was a problem. If there is no improvement, it is time to call an experienced Arkansas injury lawyer.
Nursing home abuse is often classified as medical malpractice, and an Arkansas injury lawyer can ensure that those who are responsible for the abuse are held accountable. It is a wakeup call for the facility and may help your elder receive the respectful and thoughtful care they deserve.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas business dispute lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Fractured Femur Leads to Medical Malpractice Suit
Some days it doesn’t just rain, it pours. This medical malpractice case is a prime example of what can go wrong when you least expect it.
This reported case is one of those instances where you have to wonder if the defendant involved really knew what he was doing. Certainly accidents do happen, but when the defendant is an occupational therapist, the last thing you would expect to happen when you are at your appointment is for the therapist to fracture your femur. That is what happened to the 68-year-old man in this case. What further complicates this story is that the man is a paraplegic.
As a result of the fracture, the man needed surgery to repair it, and was then faced with the choice of also needing to have a colostomy, because he couldn’t do transfers from his wheelchair due to his broken leg. This is not a great choice to be faced with when what little independence you had was shattered thanks to the negligence of an occupational therapist. His quality of life went downhill and he tried to cope as good as possible as his medical costs skyrocketed.
The jury at the man’s trial agreed with the plaintiff that his damages were shockingly awful as the result of the therapist’s negligence and awarded him $1.05 million. The fact that the man would need full-time care from the point of his accident onward was certainly a consideration when the jury was deliberating. The defendant made no attempt to settle prior to trial. Was the amount of the jury award fair – most definitely.
Medical malpractice does not just involve a doctor. It can happen at any time, and to anyone if they are dealing with a medical professional who does not perform to the standards of the medical profession. Medical professionals need to be held accountable for their actions. If you have been in a similar situation, make your first call to a skilled Arkansas injury lawyer and find out what is involved in filing a medical malpractice case. Not all instances with a bad outcome by a medical professional are considered to be negligence. An Arkansas injury lawyer can outline what constitutes negligence and help you make an informed decision about moving forward with any potential lawsuit.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas business dispute lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Racing and DUI Incident Creates a Deadly Night Out for Teens
Some days bring unmentionable grief. This reported case is a real tragedy, and something that did not need to happen. It is never ok to drink and drive, and it is never ok to use peer pressure to get your friends to ride with you. Life is full of choices and the choice to not drink is the most responsible one. In this story, the driver made two bad choices, and cost a young man his life.
The family of the dead young man filed a wrongful death lawsuit to make a point – that you should not drink and drive, and if you do, you need to take responsibility for the consequences. This was not the only lawsuit filed in this instance, as the parents of another dead teen also filed a lawsuit, along with a lawsuit filed by the family of the only survivor of the wreck, a young female.
20-year-old John Doe was charged with a misdemeanor for reckless driving as it appears he was chasing another teen’s vehicle at one in the morning down a rural road. What may have started out as a race ended horribly. Four young men were riding in a truck that was allegedly chasing the other teen’s car. At trial, the driver of the truck said the chase ended before the accident and they only knew about the accident because they continued driving in the same direction and saw the single car wreck. They did not stop to offer help.
What caused the chase in the first place? Evidently, the teens in the car were suspected of stealing plastic shot glasses from a party. Is this really worth losing your life? The 18-year-old driver of the car failed to make a curve because he was drunk with a blood alcohol content of .19 and was driving at 94 miles per hour. Added to this, the legal drinking age in that state is 21, and the underage drinker got caught in a deadly night out.
The truck driver who chased the car egged the teen into going faster, and was also driving under the influence. He was sentenced to probation and additionally charged with unlawfully purchasing alcohol as a minor. As you can see, there are a number of factors that once combined create a fatal accident. Will the wrongful death lawsuits against the car driver be successful? Likely, even though the young people riding in the car (and truck) knowingly got into a vehicle with a drunk driver. The bottom line is the driver was negligent on two counts: driving while drunk and speeding. The end results speak for themselves.
Have you been in a similar situation? If so, you need the experienced legal advice from an Arkansas injury lawyer. You need to know what your rights are, how they apply to your situation, what will happen next and what compensation you may expect for your injuries. Never try to settle a case like this without consulting a knowledgeable Arkansas accident lawyer. They deal with the insurance companies, so you do not need to.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas business dispute lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Give Bigger Vehicles More Room on the Highway
A good rule of thumb to drive by on the highway is if you are traveling close to a big rig, give it room. It could save your life.
It pretty much goes without saying that if you spend any time on the highway in the presence of huge tractor trailers, you will want to go out of your way to give them lots of space. And why wouldn’t you, given the size, velocity and potentially fatal impact if one of them hits you? The end result of a big rig versus car collision is a foregone conclusion and usually fatal. If it isn’t a crash where the survivors come out of it with life-altering catastrophic injuries, it will be a killer wreck.
Unfortunately, a good number of people out there in traffic and mingling with the semis, don’t realize the dangers they face should something go wrong. Many also don’t realize that the big boys have blind spots on all four sides of the truck and if you travel in those spots, you’re asking for trouble. If they can’t see you, they could turn right in front of you and you would have no place else to go, but straight into the side of the rig.
This has been said countless number of times, in numerous settings, but it still bears repeating – 18-wheelers cannot and do not stop like other vehicles. It takes them up to 40 percent longer to come to a halt than passenger vehicles. The wake of destruction left in the path of a hurtling semi is not a pretty sight. If you are trailing too closely behind them and they do come to an unexpected stop, you may wind up as an underride accident. Those generally see many victims decapitated.
There are two types of big rigs trolling the roads today; the single and double-wide 18-wheelers. The double-wides pack up to 80,000 pounds and expecting them to stop “right now” is like trying to stop a killer tornado. There just isn’t anything you can do about it.
The reality these days is that semis are not always loaded in a correct and safe manner. The load isn’t secured in a way that will prevent it from shifting during its journey from point A to point B. If this isn’t done the right way, the load may end up on the road or on another vehicle. Doing highway speeds when something comes off a semi is virtually guaranteed to result in a horrific crash.
For your own safety and that of your family, avoid the big guys on the highways, and stay safe. If you ever need the services of an experienced Arkansas injury lawyer, as the result of an 18-wheeler accident, you will be in good hands as they step up to bat to ensure you get justice and fair and equitable compensation. Your Arkansas accident lawyer has years of expertise to draw on and an in depth understanding not only of your injuries, but how they will affect you for the rest of your life. Want justice? Then make your first call to a skilled Arkansas injury lawyer.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas business dispute lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Pogo Sticks the Cause of Personal Injuries for Children States Arkansas Injury Lawyer
Most slip and fall accidents happen when someone slips on something and hits the ground. Bravo Sports has turned that concept on its head with failing pogo sticks.
“It had to happen. Someone creates a product that kids, and adults who feel like kids, use for the fun of it, and that defective product causes them to fall, putting them at risk for serious lacerations, head and spinal cord injuries and broken bones,” said Michael G. Smith, an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas.
Over 169,000 pogo sticks have been recently recalled when it was revealed that the bottom of the stick’s frame may break or come apart, and that the spring holding it in place can break. When that happens, the user generally hits the ground.
“Who inspects these things before they get to market anyhow? And why don’t they catch things like this before someone is hurt? These are questions I hear quite a bit from those injured in accidents involving defective/recalled products. These are personal injury accidents and the maker of the product is liable for any harm caused a consumer. When that harm comes to a kid, that is reprehensible,” Smith said.
The pogo stick maker only knew about the problem with the sticks when they started to get calls about children being hurt. As a result of those reports, which thankfully did not initially involve very serious injuries, the sticks were called back. The recall affected Twin Stick Pogo, Monster Stick Pogo, Pop Stick Pogo and Rocket Stick Pogo.
Consumers could get a complete refund for the product, which is nice, but if someone did not hear about the recall, as does happen in many cases, anyone harmed, despite the recall notice, would be able to sue the maker of the product and possibly the product’s seller.
“Sometimes people buy a product, experience problems with it and just toss it out. Those are the lucky ones. For those who get a product that is capable of doing serious harm, such as a chainsaw with a faulty finger guard, this is another matter. These pogo sticks have the potential to really cause bad injuries, as odd as that may sound. But consider what happens when a young child falls off a pogo stick and happens to hit their head on the ground. If you have any questions about a similar situation, don’t hesitate to call a personal injury lawyer. It’s your right to do so,” Smith said.
Learn more by visiting http://www.Arkansaslawhelp.com
Tiny Sewing Needle Results in Lawsuit Reports Arkansas Injury Lawyer
Truth is stranger than fiction. That was certainly the case when a woman found a 2-inch long needle in her food while eating at a restaurant.
“When you hear about this kind of story, it makes you think twice about eating out. Sure, these days you potentially deal with contaminated, poorly cooked or spoiled foods, along with other cooking disasters, but no one would have ever dreamed they would find a 2-inch sewing needle in a plate of mashed potatoes and ribs,” said Michael G. Smith, an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas.
In a story right out of a bad horror movie, a woman went out for an evening meal at a local restaurant and was mid-way through a plate of ribs and mashed potatoes when something sharp pierced her tongue. It turned out to be a 2-inch, razor sharp sewing needle. “Certainly not something you would ever want to experience for any reason,” Smith said. “On pulling the needle out of her tongue, the workers at the restaurant whipped it out of sight. Later, when the family went back to get the needle to get it tested, the management refused to turn it over.”
The woman eventually filed a lawsuit when it took the restaurant 52 days to send the needle to a lab to be tested. “Thankfully, it was clean for hepatitis, HIV and other potential infections, but the nursing mother had to stop giving her baby breast milk in the meantime, just in case,” Smith said. “Not to mention spend 52 days or longer with the anxiety of wondering if she had contracted anything as a result of having her tongue involuntarily pierced by the needle.”
The twist to this story is that it is believed that the needle belonged to one of the chefs on staff and he used it to clean his marijuana pipe. And, not only that, but that it appeared that the rest of the staff and management were aware of the chef’s ongoing use of the drug. Talk about a bizarre twist to a personal injury story.
“Would this woman get compensation in a court? Likely, given the nature of the event and the concern about having contracted an infectious disease. Would the restaurant be held liable for negligence? Possibly, yes. Would the chef be held liable for negligence? Most definitely, unless he could prove that it was not his needle and that someone else used it. Really, who smokes marijuana and cleans their pipe out while they are cooking?” Smith asked.
Personal injury cases are not always straightforward, as this one clearly demonstrates. What is clear is that any negligent action that one person engages in may have an impact on another. For those serving others, in any capacity, they must offer their product in a safe manner and if they do not do so, there are typically consequences that they must take responsibility for in the final analysis.
Learn more by visiting http://www.Arkansaslawhelp.com
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