Little Rock injury lawyer
Motorcycle Injuries Critical
It’s important to note that since people are now taking to the road by way of motorcycle, thanks to the economy, motorcycle injuries are on the rise.
While traveling to and from work and other places by motorcycle may be a smart way to save money on gas and registration, it’s just not like riding in the relative safety of a steel enclosure like a car, that has “some” safety features like bumpers, air bags, seatbelts, crumple zones and the like. Being out there in the wind with no protection tends to put a biker’s safety at a great deal of risk.
The odd thing is that even with the increase in motorcycle accidents, many people seem to be unaware or oblivious as to what types of injuries a motorcycle accident may cause. Many of the injuries for those that survive may result in a lifetime of therapy and treatment. Many also result in death. For those that do survive, it is crucial to speak to a skilled personal injury attorney to recover compensation for your injuries.
Some of the injuries that are a result of a motorcycle accident are spinal cord damage, brain and head trauma, badly broken or shattered bones and the usual cuts, scrapes and bruises. The more serious injuries, of course, are spinal cord and head trauma. The spinal cord may be crushed as a result of the accident and since the cord is largely responsible for sending brain signals to and from our organs, this is a serious trauma.
In many instances, a crushed spinal cord may result in paralysis. Whether or not that results in being permanently paralyzed is mainly a function of how quickly the proper medical treatment was implemented. Some bikers regain the use of their body parts if they are treated promptly and get the right medication.
Traumatic brain injuries are more problematic in that they cause the brain to be slammed from one side of the skull to the other, resulting in bruising and swelling. This is a life threatening injury and often results in permanent cognitive impairment. Most patients who sustain an injury like this suffer from memory loss that ranges from mild to severe, severe headaches and impaired thinking. Brain damage may be permanent.
When it comes to broken bones, a motorcyclist may sustain anything from a clean break at one location to a more serious situation when the bones in their legs or arms are crushed. Crush injuries that are severe enough often mean amputation to save the biker’s life.
Always remember that even if an injury seems to be minor on first blush, it may turn out to be more serious down the road. Always make sure to consult with a personal injury attorney with extensive experience in this area. They will know immediately if your injuries have the potential to develop into something long-term. External injuries are usually indications of more serious internal problems.
Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.
Motorcycle Crashes on the Rise
There isn’t much question that motorcycle crashes are on the increase. One only has to read the local news to see that.
Virtually every weekend someone is killed in a motorcycle crash. Whatever caused the accident, bad roads, bad weather, motorist inattention or even speeding; the statistics are mounting at a rapid pace. Just recently across the nation one weekend witnessed the deaths of at least 20 bikers for a variety of reasons. Sadly, in many of them, speeding was the critical factor that ultimately caused the deaths.
Overall statistics for biker deaths in America are quite alarming. For instance, in 2006 there were 4,837 motorcycle fatalities. In 2007, that figure went up dramatically to 5,154. That means that motorcycle fatalities accounted for 13% of all road fatalities in 2007, which was up from roughly 11% in 2006.
Typically most of the fatalities involved motorcyclists aged 20-29. And the more troubling statistic is the fact that roughly 25% of these people who died had invalid licenses. It doesn’t take a rocket scientist to see that motorcycles have the potential to be death traps for the inexperienced.
Speeding while on a motorbike is literally an accident looking for a place to happen. In one recent weekend incident, a biker slammed into the back end of a parked car at the side of a highway so hard, the car wound up on a guardrail. You can only imagine what condition the biker was in when the police finally dislodged his remains from underneath the car.
For those that do survive a motorcycle crash the injuries could range from scrapes and road rash to broken bones, traumatic brain injury, herniated discs, paralysis and death. Not exactly the kind of thing anyone wants to hear when they love riding their bikes. However, that is the reality of life and at times, life as a habit of biting people hard when they least expect it.
No matter what the reasons are for the accident you may have been involved in, you will need a skilled personal injury attorney to help you get damages. Those reasons may include negligence on the part of another person, improperly maintained roads, reckless driving on the part of another, or an improperly maintained bike.
All these things need to be factored into a motorcycle personal injury lawsuit or a wrongful death suit. Talking to your experienced personal injury attorney will make things clear on how to proceed with a potential lawsuit.
Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.
Taser Wrongful Deaths
There seems to have been a spate of wrongful death actions lately filed in relation to the use of tasers by the police.
While tasers may have their place in law enforcement, there is a burning question about the number of deaths resulting from the use of this weapon on suspects. Just recently a man involved in a traffic stop, who bolted when he saw police, died as a result of the use of a taser to disable him to arrest him. The autopsy reports are expected to show that the taser played a part in his demise.
This is just one more death in a long laundry list of them that hit the media over the use of tasers instead of talking to arrest suspects. Has the company that makes tasers been taken to court in a wrongful death action? Indeed it has and in most cases, it was not found liable. However, that all changed one day in September 2008, when Taser International was deemed partially liable in a wrongful death lawsuit.
Interestingly enough, until September 2008, Taser International had won 45 wrongful death or injury cases. In that landmark court case, it lost a $6 million wrongful death suit. The door swung open that day on the issue of their liability in the future for taser deaths.
Granted the court’s findings in that case apportioned liability to the deceased plaintiff and the company as being 85% to 15%, but the decision had an even greater ripple effect. It saw Taser International stocks plummet.
The facts are that if the company is found liable for damages done after tasing a suspect, they could lose their shirts. It doesn’t matter if the suspect may have had heart damage, the fact remains that if police are chasing a criminal, they aren’t going to stop and ask if the person has a heart condition.
Families faced with the death of a loved one due to the possible questionable use of a taser need to consult with a highly skilled wrongful death attorney to determine their path to justice for that death. It’s not just the police force that may wind up being cited as defendants in such a case.
Often the maker of the product that caused the serious injury or death is joined in this kind of a lawsuit. Keep in mind that wrongful death suits are “not” criminal cases and do not go through the criminal courts. A wrongful death case is conducted in civil court and the standards of proof are different. This makes it essential to discuss the case in detail with an expert wrongful death attorney.
To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer,Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visitArkansaslawhelp.com.
Watch Out for the Big Rigs
18-wheelers do not have the ability to stop quickly and the consequences are often death for those in other vehicles.
It’s a given that if a big rig crashes into another vehicle, the smaller of the two vehicles involved in the accident will bear the brunt of the damages. Big rigs weigh in at 40 tons or 80,000 pounds. The average car only weighs about 5,000 pounds. This is a bit like David versus Goliath.
When a vehicle that size is hurtling down the highway, it takes 40% longer for it to get stopped than it does an average vehicle. This has a lot to do with what type of load they have at the time. If it happens to be steel, add in an even longer period of time to stop.
Trucks only have ten brakes, not 18 despite what people think. However, no matter how many brakes a semi has, it still can’t stop suddenly. This is the reason that crashes are so devastating and the rationale behind many states investigating implementing driving campaigns targeted at regular car drivers who drive like maniacs around big rigs.
In Georgia, there are roughly 6,700 truck collisions yearly, resulting in close to 5,364 injuries and 235 deaths. Survivors of these catastrophic accidents often have brain damage, spinal and neck injuries, amputations, multiple fractures, and neurological disorders. These victims generally need extensive and expensive medical treatment. It is essential to hire an experienced Georgia trucking attorney to ensure personal injury damages are properly awarded.
Interestingly enough, not many people realize that nearly 60% of the time the trucker is not at fault in an accident. On the contrary, it is mainly other drivers that don’t respect the rules of the road or the space of the rigs while they’re on the same highway. A new program launched in Nevada has state Troopers hitch rides with truck drivers to see what really goes on when they’re trucking.
If a program like this was implemented in every state, it might just reduce the number of deaths as a result of a collision with an 18-wheeler. If it taught motorists hard facts about driving near a big rig, it would smarten some of them up. For instance, trucks have no-zones. This means if a person can’t see their mirrors, the trucker can’t see the other vehicle. It’s just that simple.
Seen from the other side of the wheel – inside the big truck – it puts a different spin on the real problems on the highways these days. Many of the truckers cite cars following too closely, cutting them off or being in their blind spot. No matter what the cause of an accident with a semi, the results are devastating. Hiring a skilled attorney is the best way to seek justice and an award (even a proportional one) that will deal with the lifelong injuries the victim will struggle to handle.
To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer,Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visitArkansaslawhelp.com.
Anesthesia Malpractice a Concern
While anesthesia malpractice is not as common as other medical errors, it does still happen with devastating consequences.
We don’t often read about cases of anesthesia malpractice, but they do happen and may result in the death of someone undergoing surgery. For example in a Florida medical malpractice suit, an 18-year old girl died as a result of malignant hyperthermia. The plastic surgeon and anesthesiologist performing the operation on an out-patient basis were the defendants in the lawsuit.
The lawsuit alleged that the surgeon and anesthesiologist failed to meet acceptable medical standards when she had a life threatening reaction to the anesthesia administered for breast surgery. The case hinged on the fact that the doctors failed to recognize a reaction to the anesthesia and because they missed the signs of this deadly reaction, they didn’t give the proper treatment to save her life.
This patient survived long enough to be transferred to another medical facility where she succumbed to hyperthermia. Malignant hyperthermia is inherited and only one parent needs to be carrying the gene for a child to inherit it. It causes a rapid rise in body temperatures and severe muscle contractions as a result of receiving anesthesia. Signs and symptoms include bleeding, dark brown urine, muscle rigidity and aching, and a very fast rise in temperature to 105 degrees F or higher.
The Florida lawsuit alleged the doctors could have treated the patient with intravenous Dantrolene sodium (muscle relaxant) had they paid attention to the patient after surgery. Dantrolene sodium was given later at another medical facility, but it was too late.
At the root of this case is the contention that the doctors did not follow accepted medical practices in monitoring their patient, and as a result of that negligence, caused her death. If they had been paying attention and were capable of identifying malignant hyperthermia, the patient would still be alive today. Evidently, recognized medical standards were not followed with disastrous consequences.
It is medical errors like this Florida case where patients have the right to speak to a medical malpractice attorney about filing a med mal lawsuit. They need to know their rights and how to go about dealing with the devastation such cases dish out.
It goes without saying that we rely on doctors to do their jobs and not allow us to come to any harm. In instances such as this case, something went drastically wrong and an innocent victim paid the price.
Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.
Negligence Causes Car Accidents
Common sense would seem to dictate that when people are asked what causes car crashes, their first answer is usually someone else’s negligence.
Negligence plays a huge part in the accidents that occur daily across the nation that take the lives of at least 110 people everyday. Consider how many others are severely injured and have their lives change in the blink of an eye. When collisions start to become almost as prevalent as the common cold, it’s time to do something.
Bad drivers and what to do with them have occupied the minds of many a law enforcement agency over the years, but as yet, no successful program seems to be in place to combat lousy driving. Some have suggested that if those who drove carelessly were aware of the consequences of their actions – the death of another person – they might slow down. Others propose driving home the fact that negligence costs a lot of money in the form of a jury award for wrongful death or severe personal injuries. Unfortunately, there are many people who figure the law is not meant for them to obey and that nothing bad will ever happen to them – until it inevitably does happen.
Losing a family member is heartbreaking and life altering all at the same time. If there were other family members involved in the same car crash, they may have sustained injuries that left them requiring medical care for the rest of their lives. The total disruption of a family because of the negligence of another driver is absolutely devastating, but the other driver never seems to think of that when they are driving and talking on a cell phone or driving while under the influence of drugs or alcohol.
Personal injury law is all about righting the wrongs done to others by the negligence, thoughtlessness and carelessness of others. This is what personal injury lawyers do, help those who were victims recover damages for their losses. Those losses may include punitive and exemplary damages, funeral and medical expenses, loss of wages, pain and suffering, and other more intangible things like loss of companionship.
In the process of fighting for the rights of those who have lost a family member or are dealing with debilitating injuries as the result of an accident, other issues may also come to light that point the finger of negligence in another direction. This isn’t to say that the other driver who may have caused the accident in the first place isn’t at fault, but there may be things like a defective seatbelt or airbag that caused death or injuries.
Personal injury law is never dull and just because a case looks like it is straightforward and a death or severe injuries are the result of someone running a red light doesn’t mean that the accident itself was responsible for the drivers death (but may have contributed to it). This is precisely why a hiring a personal injury lawyer is a critical factor in any car crash case.
To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer,Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visitArkansaslawhelp.com.
Slip, Trip, Fall and Injury
The quick explanation of a slip, trip and fall legal case is a person who fell after slipping or tripping on something like a puddle of water or a raised cement block.
There isn’t too much of a mystery about what a slip, trip and fall case is all about. The definition in this instance lies in the description of the actions that take place prior to a personal injury sustained as a result of the fall. While the definition is reasonably clear, there are certain circumstances that need to happen in order for a person to be able to file a lawsuit for damages against an entity or a person.
The first thing may seem rather obvious, but surprisingly isn’t to a lot of people who have been in the difficult situation of having fallen after tripping or slipping, and then found out they had no case. There needs to be an actual dangerous condition. In other words, the fall must come about as the result of a dangerous condition on private or public property.
The reason the law is exceedingly specific in this instance that a person “must” have fallen due to a genuine dangerous condition is because we all land on our rears or other parts of our anatomy many times over. It’s a fact of life. Obviously, the law would not allow you to recover damages every time you fall. Imagine trying to convince a court that tripping over the cat on the way to the bathroom at 3:00 am in the morning is worthy of compensation.
The law will, however, allow recovery of damages for personal injuries that happened because of a dangerous condition on private or public property with the caveat that the owners or people responsible for that property knew or should have known about the dangerous condition.
Knowing what a dangerous condition is may help a person assess whether or not they may have a valid case to discuss with an attorney. Some examples of hazardous conditions include cracks in sidewalks or other areas where people walk, badly maintained handrails or stairs, wet substances on the floor, uneven stairs, debris on the floor, food or other random objects left on a floor and dangerously slippery surfaces. There are a multitude of potentially precarious situations that have the real potential to cause a slip, trip and fall accident.
Another requirement to file a lawsuit is that the owner of the property where the accident happened, or whoever controls the property must either be aware of the treacherous condition, or in the alternative, known about the risky condition as a result of “reasonable” inspections. If they didn’t know or couldn’t have known, a person is not able to recover against them. To find out further specifics, it’s best to discuss a case like this with a highly skilled attorney.
In many instances, slip and/or trip and fall cases require an expert witness to prove an unsafe condition did exist and the owner, etc., either knew or should have known about it. This would shape up as the battle of dueling experts, as the defendant would also have an expert that states the exact opposite.
If someone has fallen as a result of a perilous condition, then consult with a qualified lawyer to determine if there is a potential lawsuit.
To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer,Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visitArkansaslawhelp.com.
An Unusual Type of Med Mal
Not many people have heard about iatrogenic medical malpractice lawsuits. Iatrogenic means adverse affects due to medical treatment or advice.
While the vast majority of people have never heard of iatrogenic, it is actually far more common than one would think. In fact there is a rough estimate of 120,000 to 225,000 deaths in the U.S. every year that may be tracked back to iatrogensis. Unfortunately, there is no mandatory reporting system for iatrogenic injuries or deaths. To say that would make it a bit difficult to police and control, or even develop procedures to prevent it would be a major understatement.
Iatrogenic means something caused by accident by a doctor, a diagnostic procedure or medical treatment. In other words, it’s the adverse effects or complications resulting from advice from a health care professional and that includes a dentist, nurse, pharmacist, therapist, doctor, psychologist and as a result of alternative medical treatment and advice.
The causes of iatrogenisis are quite varied and include adverse reactions, medication errors, medical misadventure and noscomial infections.
Adverse reactions are, generally speaking, the result of someone having a bad reaction to a medication, which may be an allergy or a potentially fatal side effect. The American Medical Association estimates at least 108,000 deaths due to adverse reactions. Quite a shocking statistic, isn’t it?
According to the Institute of Medicine, there have been close to 7,000 deaths attributable to medication errors. Another good reason to double check what you are being given when you pick up a prescription or are handed something in the hospital.
Medical misadventure is an injury or other adverse effect that is the result of medical treatment. These misadventures are usually preventable medical errors, which tends to not give people a lot of faith in doctors or other health care professionals.
Noscomial infections originate in a hospital and manifest themselves by causing inflammation, swelling, infection, night sweats and breathing difficulties. This kind of infection may be responsible for the death of 80,000 annually.
Most of the figures discussed in this article deal with patients actually in a hospital. They do not cover outpatient clinics, long-term care home residents, patients not in the hospital or dental patients. It goes without saying that iatrogensis rears its head in those settings as well. Based on just these figures alone it would be enough to give anyone needing medical treatment in a hospital setting second thoughts. Another chilling aspect of iatrogenic diseases is that they are not always easy to identify. E.g. drug interactions.
Proving someone died as a result of an iatrogenic disease is a complex process. If you have lost a loved one and feel their death was the result of an adverse reaction or complication due to medical treatment, get in touch with an experienced medical malpractice attorney and discuss your potential case.
Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.
Settle or Litigate Business Disputes
If you’re ever involved in a business dispute, you have a variety of options to settle it.
You don’t always have to sue if you’re involved in a business dispute. However, it is one of the options available if other things don’t work out. Ideally, in a perfect world, the difference of opinion would be resolved amicably and through negotiations. Having said that, sometimes things just don’t go the way you want them to go.
Generally speaking business owners have four different avenues to handle customer, vendor or partner disputes. They each have a different price tag, so it pays to have a working knowledge of them. The four avenues are direct negotiation, mediation, arbitration and litigation.
In terms of saving money, direct negotiation is often the least expensive method to use. This isn’t to say that it’s the easiest, but it is a good place to start. During this process both parties need to make it really clear what they want, why they want it and what will happen to future relations between the them. It goes without saying that both sides in direct negotiations need to look, listen, ask questions and pay sharp attention to the discussions. In other words, make use of good communication and planning skills during the negotiations. If everything holds together, the outcome should be an agreement that works for everyone. It beats the alternative, which may be an all out war.
Mediating is another good solution and only addresses how to fix the problem at hand. Meeting with a neutral third party that acts as a facilitator is often a smart business move. Understand that the mediator doesn’t make decisions but helps both sides come to a solution that works. Anything said in the presence of a mediator and all related documents are not admissible in court, so if mediation doesn’t work out, there are a couple of other routes left to try.
Another route to settle disputes is handing the whole thing over to a neutral arbitrator. In this instance, the arbitrator does make a binding decision based on the facts of the situation. Because arbitration is in essence a fact finding venture, it does take more time and money than mediation, but still doesn’t take as long as litigation.
The last resort is litigation and this involves letting a judge decide which party wins based on the facts of the case and the law. The court would make a determination of who is right and who is wrong. This is applicable “if” the case gets that far, as many of them don’t and wind up being settled out of court. This usually happens if one party doesn’t want to run the risk of losing in court. Frankly, there are a couple of cons to actually litigating a business matter: the negative effect it has on future relations and the cost, time and stress. However, if you have exhausted all other efforts, this may be a viable option for you to pursue.
Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.
The Wide Scope of Investment Fraud
While many people tend to think that investment fraud is all about stock and securities fraud, it actually has many other facets. Be alert to scams.
It’s likely that not many people have heard of invention scams or even rare item investment scams, but they exist and they are every bit as sneaky and underhanded as stock and securities fraud. Scams are on the rise, which makes sense in this dismal economy, and as a net result, millions of dollars is fleeced from customers every year.
To be on the alert and get wise to investment frauds/scams there is some warning flags that should go up that would hint that a person may be dealing with a potential scam. Of course, the first one is predicated on that old chestnut, “If it sounds too good to be true, then it likely is.”
Red flag number two would be a high-pressure sales person trying to use strong-arm tactics to get the potential investor to invest immediately if not sooner. If someone calls and starts a spiel about an investment opportunity when no one in the house requested information, it’s time to hang up. Some scam artists also have the nerve to ask for credit card information or even social security numbers. It goes without saying that this information needs to be kept close to the vest and not shared with anyone.
Although people are able to get fraud and scam information from the Federal Trade Commission and the state securities regulator, if common sense is utilized in a prudent manner, most scams of this nature may be avoided. On the other hand, if a scam was successful, and some of them are due to their very crafty believability, the victim needs to act fast to remedy the situation.
Don’t waste two seconds thinking that some fraudster took advantage of you and ripped off money or vital personal information. Just pick up the phone and call the police, the fraud has to be stopped in its tracks before someone else gets taken in. Give them as many details as possible about who called, how the contact was established, how any investments purchased were funded, and any information that might help. No detail is too small to mention.
The next person on the list to call would be a lawyer familiar with stock and investment fraud. It’s their job to assist in building a case against the person who perpetrated the fraud. It’s also their job to answer any questions about stock and investment fraud, how it works and what the chances are of recovering any money.
To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer,Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visitArkansaslawhelp.com.
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