March 8, 2012 in Legal News, Personal Injury by jferris

Connecticut Chemical Companies Should Comply with Regulations to Protect Workers and General Public

Recently, a Connecticut company was fined for violating hazardous waste management laws after the Environmental Protection Agency inspected its chemical distribution facility and warehouse. Hubbard-Hall formulates and distributes more than 5,000 chemicals out of its facility in Waterbury and another location in Wilmington, Massachusetts. The company was fined $111,290 ¨C $63,200 for concerns from its Waterbury facility and $48,090 from Wilmington.

The EPA New England office has levied enforcement actions against 13 companies who have violated the Clean Air Act and distribute or warehouse chemicals. Companies that handle hazardous chemicals must comply with federal laws, not just OSHA Process Safety Management regulations for chemicals.

Hubbard-Hall stored chemicals that were incompatible very close together, and the EPA noted that if they were to spill or be released a violent chemical reaction could cause an explosion or fire. If this were to occur, the public and the environment could be seriously harmed. Hubbard-Hall also did not have a risk management plan in use at either of its locations. When large quantities of chemicals such as very concentrated hydrofluoric acid are stored, these RMP plans are a must.

RMP plans also help to outline how employees can prevent chemical releases and store chemicals properly. The RMP explains the risks with specific chemicals a company uses and can assist emergency responders when an accidental release occurs. Prior to the early February fine, the EPA had issued both Hubbard-Hall locations with administrative orders for violating RMP regulations and the Clean Air Act’s General Duty Clause.

Facilities that store or distribute chemicals must comply with the following regulations:
− Must stay at or below federal regulatory thresholds for chemical inventories
− Containment systems must be in good condition, in a stable way, and aisle space must be adequate for emergency responders
− Incompatible chemicals must be properly separated
− Facilities must be designed for safety with proper fire protections
− Inspections that occur on a routine basis to verify the integrity of chemical tanks
− Report chemical inventories via a Tier II Chemical Inventory Report to state authorities, local emergency planning departments, and the local fire department with jurisdiction over the facility

Serious injuries, environmental hazards and industrial accidents can happen when companies fail to take the necessary steps to maintain a safe environment. Not only could this affect workers, but toxic gases could hurt innocent people that need legal representation to uphold their rights and heal from extensive injuries.

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon. Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more, visit Strattonfaxon.com.

March 25, 2011 in Legal News, Personal Injury by jferris

Borrower Profile and Credit Concerns in Pre-Settlement Lending in Personal Injury Cases

There is an ever-growing cottage industry of investors ready, willing and able to make the equivalent of a loan to an individual who is the plaintiff in a personal injury case. These transactions, also known as pre-settlement lending, are a growing trend for those in need. In order to avoid usury statutes, these transactions are characterized not as loans but as non-recourse cash advances. If the plaintiff loses the lawsuit, then no repayment is due. If the plaintiff receives less than the outstanding balance of the loan, then only the amount that the plaintiff receives need be repaid. Because of the high risk associated with these transactions, the equivalent of an interest rate is fairly high.

A number of issues arise in connection with these loans including legal, ethical, Medicaid and practical concerns that must be considered in determining whether applying for such a loan is appropriate.

PURPOSE OF THE LOAN

The purpose of pre-settlement lending is usually to enable the injured party and/or his family to meet their living expenses during the period of time when the lawsuit is pending.

LOANS INVOLVING MINORS AND INCAPACITATED PERSONS

If the lending agreement is made directly with the injured adult plaintiff, it is much easier than if the lending agreement is made with parents on behalf of a minor child or an incapacitated adult plaintiff whether acting as natural guardian or legally-appointed guardian of the plaintiff. In cases involving a minor or incapacitated plaintiff, many courts will refuse to enforce the terms of the lending agreement, unless it can be clearly demonstrated that the funds were used for the direct benefit of the injured minor or incapacitated person. Excellent recordkeeping is critical.

For example, if a parent misses considerable time from work superintending a catastrophically injured child and falls behind in mortgage payments, a court may question whether a pre-settlement lending agreement used by the parent to bring the mortgage payments current was for the direct benefit of the child and, therefore, enforceable. On the other hand, if the parent is the injured party, unable to work because of the injury, and assuming the pre-settlement lending was used to make mortgage payments, there should be no enforceability issue based on the fact that the “borrower” does have an interest in the lawsuit.

BORROWER’S CREDIT

In most situations involving a loan, the borrower’s credit is paramount. Even if the loan is secured by a real estate mortgage, most lenders will want to see that the borrower is credit-worthy because of today’s sensitive lending environment. In pre-settlement lending transactions, the borrower’s credit is immaterial, because the pre-settlement lending company is looking to the proceeds of the lawsuit as collateral for the loan.

The Begley Law Group, PC has assisted individuals and families with their legal and financial decisions for more than 75 years. They are highly respected for their successful track record and attention to their clients’ needs first and foremost. Thomas D. Begley Jr., Esquire and CELA, has extensive experience in personal injury, disability law, special needs trusts, Medicaid planning and elder law.

For more information:

Begley Law Group

http://www.begleylawyer.com

509 S. Lenola Road, Building 7

Moorestown, NJ 08057
Tel: 800.533.7227

Fax: 856.273.1062

November 30, 2010 in Legal News, Personal Injury by jferris

Donahue Warns Against Understating Slip and Fall Incidents

Tripping and falling might seem like just another hump in the day. But over the course of the next week or so, it may manifest as a much more serious injury.

“Who hasn’t fallen at one time or another, picked themselves up, dusted off their hands and clothing, made a small joke and got on with their day? It’s easy to do. You maybe miss a step on the way up or down a flight of stairs or you didn’t see the coffee spill on the mall promenade. Falling hard, as the result of a slip, can cause untold problems either immediately or later, as we’re not made to slam into hard surfaces and not sustain some kind of injury,” said Charlie Donahue, a New Hampshire personal injury lawyer located in Keene. Donahue handles injury cases in New Hampshire and across the United States.

A person trips on an exposed brick in the sidewalk in front of a store. While a fall may not seem like a big deal when it happens, with the passage of time it might turn out that the kneecap that hit the pavement like a ton of hammers is cracked, impeding movement and causing agonizing pain. It’s time to talk to a New Hampshire personal injury lawyer about recovering damages to pay medical bills, which are likely going to be high as a result of surgery, therapy, medications and other tests.

What started out as a simple tumble has now taken on the proportions of a colossal uphill battle with the owner of the store whose sidewalk was uneven. “The owner knew about the brick, but had not gotten around to fixing it. That is unfortunate, however, it is his responsibility to fix it; to keep his premises safe for a person who comes onto his property. That includes the sidewalk in front of the store. Rather than argue with the owner, take your case to a New Hampshire personal injury lawyer and leave it in their capable hands. That’s their job; to get you justice from those who were negligent,” Donahue said.

It’s also the lawyer’s job to obtain a fair and equitable settlement that will cover the bills that accumulate during time off work as a result of medical treatments, tests, etc. Financially speaking, victims in many slip and fall cases have a hard road to hoe because they are losing money from being off work. That means not being paid or being paid a reduced amount, and in today’s economy, this may spell disaster for an injured plaintiff.

“If you want financial compensation to cope with your injuries, then you will need a personal injury lawyer to go to bat for you. Whether you tripped over an uneven brick or slipped on a slick puddle of coffee, the responsible party ought to have liability insurance that will pay your medical bills and time off work. Trying to secure a settlement on your own usually doesn’t work. That’s my job, my only job, and I don’t get paid until you do. If you have questions, give my office a call,” Donahue said.

To learn more, visit http://www.donahuelawfirm.com.

November 30, 2010 in Legal News, Personal Injury by jferris

The Law Firm of Perlmutter & Schuelke Explains Pharmaceutical Errors Increasing

Just about 1.3 million people across the U.S. will die each year as a result drug errors. Pharmaceutical mistakes are on the rise.

It’s not a secret that medical malpractice lawsuits are growing every year, despite some states capping a victim’s award. Companion cases to medical errors made by surgeons, doctors, nurses and dentists are pharmaceutical mistakes that are growing by leaps and bounds every year. In fact, close to 1.3 million people will die in the U.S. this year as a result of incorrectly prescribed or wrongly filled prescriptions.

“This is alarming, as just about everyone you may know has taken or is taking some kind of pills prescribed by a doctor. Taking drugs is a common daily occurrence for just about three quarters or more of the population. Consider what would happen if the drugs you are taking cause deadly side effects because the dose was wrong or it was the wrong drug? It’s happened, because humans make mistakes, whether they are medical professionals or not,” said Brooks Schuelke, an Austin personal lawyer with Perlmutter & Schuelke, L.L.P.

Those taking their daily medications might want to pause and read the label closely, just to make sure it is the correct drug in the proper dosage. They might also want to double check any prescription they are handed by a doctor to verify what they’re being told to take and why, and then check again at the drug store to see if the right drug is dispensed. It’s not too far-fetched to find that the drug in the bottle is not the one it is supposed to be, because they looked similar on the shelf.

Pharmaceutical errors happen just about anywhere within the medical system; in a hospital room, in a nursing home, at the drug store and in the doctor’s office. Medical professionals are human and humans make mistakes, despite their best intentions. Taking the wrong pill has the potential to cause grave side effects or even death. Once someone takes the wrong pill or wrong dose, it’s in the body and it can’t come out.

“The bottom line is that we trust our doctors and medical professionals to do what is in our best interests. We trust they understand the effects of the drug they want us to take and that they prescribe drugs that won’t harm us. In this day and age, it’s best to be your own advocate when it comes to keeping track of your medications. It’s your body, your health and your life and you want to get it right,” said Schuelke, the Austin personal injury lawyer.

For those who have suffered as a result of pharmaceutical negligence, consult with a seasoned Austin personal injury lawyer to find out about eligibility for compensation for pain and suffering and mental and emotional trauma.

Contact Perlmutter & Schuelke LLP at http://www.civtrial.com or (512) 476-4944.

November 30, 2010 in Legal News, Personal Injury by jferris

Attorney Osborne Examines Bus Driver’s Negligence in Wrongful Death of 9-Year-Old Girl

The school bus driver in this wreck was listening to an iPod. She may also have fell asleep just before the collision.

“It never ceases to amaze me what people do when they are driving vehicles, which can easily kill someone if they are not paying attention to what they are doing. This case that I recently read about involved a school bus crash that took the life of a 9-year-old girl. While the case did not involve talking on a cell phone or the abuse of drugs, it hinged on two other negligent actions: listening to an iPod while driving and falling asleep behind the wheel while entrusted with a bus load of school children,” said Chicago injury lawyer Michael Osborne. The Law Office of Michael Osborne helps accident, wrongful death, and personal injury victims in Chicago, Illinois.

The bus was driving on a highway when it veered sharply on to the shoulder, smashing into a gravel truck parked doing mechanical maintenance. The bus continued on and hit a light pole. The driver did admit to police she was using an iPod and had likely fallen asleep, as she didn’t know what happened. There were 11 children on the 30-passenger vehicle and all of them sustained injuries that required them being taken to hospital by EMS responders.

There was no evidence of emergency brakes being applied or any form of emergency steering being used and the police opted to charge her with careless driving. The driver ultimately paid a fine and had her license suspended for 90 days. The consequences of her actions will haunt the family of the young girl who lost her life because of someone else’s recklessness; a family who may choose to file a wrongful death lawsuit in order to find justice for their daughter.

“Cases like this are never easy. The family needs to know what their rights are, how a court case will affect them and what they may expect while waiting for their case to be dealt with. They also need to know what kinds of damages they may ask the court to award and how long their case may take to settle. That is my job, should you come to me with a case similar to this. I am here to answer your questions and would be pleased to discuss your case with you should you call my firm,” Osborne said.

The Law Office of Michael Osborne helps accident, wrongful death, and personal injury victims. To contact a Chicago personal injury attorney or learn more, visit http://www.michaelosbornelaw.com or call (312) 315-1765.

November 30, 2010 in Legal News, Personal Injury by jferris

Arkansas Injury Lawyer Smith Advises Bruises May Be Sign Of Elder Abuse In Nursing Homes

Nursing homes are meant to be places of safety. Unfortunately, this isn’t always the case.

“If you’re in the situation where you need to place a loved one in a nursing home, you want to know they will be safe, treated with respect and dignity and will be well cared for. The last thing you want to find out is that they are being abused. While you might not want to think about that, this does happen in a great number of nursing homes. Your loved one may be facing physical or emotional abuse on a daily basis. Are you aware of what is going on in the nursing home?” asked Michael Smith, an Arkansas injury lawyer.

Those who aren’t certain what is going on in a nursing home and whether or not their relative is indeed safe should watch for the sometimes-subtle warning signs. This is actually a very significant responsibility for those with family members in a home, as seniors are not throwaway people to be ignored and treated badly. They are people who deserve respect and protection. If they are not getting what they deserve, it’s crucial to consult with an Arkansas injury lawyer to put a stop to the abuse.

Physical abuse tops the list of atrocities that seniors may face every day; abuse that inflicts physical harm. This may involve slapping, hitting, pinching, shoving or other forms of direct physical contact. There is also a more subtle form of indirect abuse that may involve food deprivation or withholding needed medications. This kind of abuse virtually ensures long-term trauma for seniors who have to rely on the help of others while in the home.

“While it might seem obvious to say look for bruises, I don’t necessarily mean bruises on their hands and arms, although that is a common location. There may be bruising and welts in other locations as well. Be aware of their physical condition at all times, as any change may signal they are being abused. For instance, inner leg bruising may indicate sexual abuse. If you don’t know, don’t waste time arguing with management, contact a skilled personal injury lawyer and find out what can be done,” Smith said.

In some cases, abuse manifests itself as broken bones, sprains and dislocations in the hip area; usually a result of being shoved and pushed about by a caregiver. This causes hip dislocation and a possible fall. Shoulder injuries may also arise from rough handling.

“Look for broken glasses that may be a result of someone applying force to their face. Also be alert for rope marks on wrists, a sign of illegal restraint. The bottom line is, if the nursing home isn’t happy to have you visit your mom or dad or grandparents alone, be wary and alert,” Smith said.

Learn more by visiting http://www.Arkansaslawhelp.com

November 30, 2010 in Legal News, Personal Injury by jferris

Medical Malpractice Cases May Be Tried Twice, Malpractice Attorney Ozcomert Says

While unusual, it can happen – instances where medical malpractice cases are ultimately tried twice.

“This case that we read about recently involved a young girl who suffered severe birth injuries – brain injuries. It was interesting in that it proves that these kinds of cases are always radically different, just sometimes similar, and that to get justice, a plaintiff needs the assistance of a seasoned personal injury lawyer,” said Stephen M. Ozcomert, who handles personal injury cases, accidents, and malpractice law in Atlanta, Georgia.

The first jury that heard the initial case in 2008 handed down a “shockingly low” award, particularly given the extreme severity of the girl’s injuries, Ozcomert said. The first medical malpractice lawsuit was filed against the hospital in 2002. It took six years for a verdict.

The parents of the young girl stated that their obstetrician, an anesthesiologist and a nurse were negligent for not properly monitoring and managing the mother’s labor. This ultimately resulted in a delayed C-section, which in turn caused severe and permanent neurological injuries to the baby because she was deprived of oxygen.

The baby was 6 years old when the case went to court and the mother provided testimony that the child could not crawl (only wiggle and kick her feet), feed herself (she is intubated to be fed), speak or walk and that she would be in diapers her whole life. The child’s assessed cognitive age was set at between two and three months. The girl was diagnosed with permanent brain damage, cerebral palsy, spastic quadriplegia and developmental retardation. She couldn’t hear very well and had regular seizures. The pediatric expert witness at trial said no improvement is expected and that she may live until the age of 28 years old.

“The defense in this case tried in another state insisted the condition happened due to a prior in utero event that was so severe that earlier delivery wouldn’t have made any difference. While that may be hard to believe that something so drastic would have happened without the mother knowing, it was what the defense argued. In the final analysis, the jury found the doctor negligent and that her negligence was a significant factor that caused the baby’s injuries,” Ozcomert said.

“Here’s where things got a bit hazy as to reasoning for the award. The child was awarded $3,807,832 for future life care expenses, zero for the loss of future earning capacity and $150,000 for her pain and suffering and disability. The parents were awarded $527,284 for past expenses and $150,000 for past and future loss of their child’s companionship and society. These are very low awards, and both sides appealed,” Ozcomert said.

On appeal, the court agreed with the parents that the damage award was unreasonably low and shocking and a new trial was ordered. The child in this case is effectively frozen in time and unable to move forward and will never be more than an infant. The $150,000 award(s) were painfully low and abhorrent, as was the jury decision to not award money for lost earnings, according to Ozcomert. The new trial is yet to be scheduled.

“This type of case happens more often than you might think and in situations like this, it’s vital to have a skilled Atlanta personal injury lawyer handle your case. The family will need maximum compensation to care for their child. It’s just that simple and obvious. If you are in a situation like this and your child has been injured due to medical malpractice, you will have questions about your case. If you choose to call my office, I would be happy to explain the law to you and what your rights are,” Ozcomert said.

To learn more visit http://www.ozcomert.com.

November 30, 2010 in Legal News, Personal Injury by jferris

R.W. Lee Law Firm Explains How Big Rig Collisions are Handled

Big rigs are a commanding presence on the highways. Unfortunately, they are often involved in fatal accidents.

Big rig collisions happen every day; a statistic many Americans would rather not entertain as a part of their daily news. Unfortunately, many families have either experienced a collision with a tractor trailer first hand or know of someone who was badly injured in one or who died. The statistics for 18-wheeler crashes are depressing, but still, they are a reality that drivers deal with every day when they take to the highways and byways across the country.

“This crash case involved two semis colliding with one another at an intersection. It came to our attention because it’s not often this kind of thing happens. It serves to point out that anything can and does happen when operating a big rig, but that the consequences, given the size of the vehicles, are usually far more devastating,” said a spokesperson for R.W. Lee Law in Austin, Texas.

Preliminary police reports indicated that one semi was westbound on a drive when it proceeded to make a left hand turn right into the path of an oncoming tractor-trailer headed east. Both rigs met in the middle of the intersection. Why the westbound semi thought it was safe to turn in front of an oncoming tractor-trailer is anyone’s guess. The police will attempt to sort that issue out before making any decisions about laying charges.

“This is another issue that many people don’t fully understand – that while an accident may look like one thing on the surface, it rarely is what they think. The police don’t jump to conclusions first and ask questions later. This is crucial as well when building a case for a client. We always make certain to know the complete details, particularly in situations involving semis, as these tend to be complex cases that involve a lot of people and entities, including insurance companies,” said the spokesperson for R.W. Lee Law of Austin, Texas.

As a result of the accident, one trucker was taken to the nearest hospital; the other driver’s injuries were not known and may be evaluated later. Both of the trucks sustained significant front end damage. The clean-up began when the dust settled from the collision. The driver that was injured may well have a case against the other driver once the details are sorted out as to how this accident happened in the first place.

For those who have been in an accident with a semi and lived to tell the tale, the smartest move to make is to secure the future financially by speaking to an Austin personal injury lawyer. Their expertise will ensure compensation for what may be lifelong, life-altering injuries that require continuous care.

To learn more, visit http://www.rwleelaw.com.

November 30, 2010 in Legal News, Personal Injury by jferris

Atkinson Says Lawyer Must Become The Victim When Severe Injuries Prevent A Biker From Assisting Legal Counsel

Sometimes lawyers must take the role of a victim in the true victim’s stead when that person has been severely injured or rendered incapable of movement, a typical scenario in motorcycle injury cases.

“Unfortunately, motorcycle accidents have increased over the last five years, largely due to the fact that many people have given up their expensive cars to save money,” said Scott Atkinson, a New Mexico personal injury lawyer and wrongful death lawyer with the Atkinson Law Firm, Ltd. “Whether or not the riders are wearing helmets doesn’t seem to matter much. What matters is that the increase in wrecks appears to be a result of inattentiveness and carelessness, usually on the part of other vehicles that don’t see the biker until it’s too late.”

At issue in cases such as a motorcycle wreck is not so much whether the biker was wearing a helmet, but if the individual is alive. Those who do make it out of a collision alive and are able to assist counsel with their cases usually find their resolutions are more successful. Their first-hand experience and demonstrable injuries usually help a jury to understand the ramifications of a motorcycle collision.

Even with devastating injuries, clients can assist legal counsel to put together a case by directing them to important medical records, police reports, eyewitnesses and other information needed to prepare a case. If a biker has been severely injured and unable to do much in the way of helping their lawyer, the lawyer virtually becomes the client in order to track down relevant and pertinent information.

“Typically speaking, the worse the accident, the higher the compensation; for the simple reason that someone who sustained life altering injuries will likely need care for the rest of their lives. What’s crucially important in any accident case, but perhaps more so in a car versus motorcycle crash, is the question of who is at fault. Fault and negligence go hand in hand. Once negligence is proven, fault is not far behind,” Atkinson said.

At trial, the goal in cases like this is to aim for the maximum compensation possible. There is often no other way for a critically injured victim to obtain funds to live out the rest of his or her life other than a court award or settlement. Motorcyclists who have been involved in a crash should not wait too long before seeking advice and considering filing a personal injury lawsuit.

“Most states have limits on the time a person can file a lawsuit, and if the person misses that limit – referred to as the statute of limitations – he or she loses the right to sue. This is not something an injured person would want to lose when his or her whole lifestyle is at stake,” Atkinson said.

“When an accident changes your life from something you once enjoyed; an active affair with millions of things to do, to the specter of living in a wheelchair or having limited mobility, it’s time to talk to an experience New Mexico personal injury lawyer. This is my job, to help those who have been hurt due to no fault of their own,” Atkinson said.

To learn more about Scott Atkinson visit http://www.attorneynewmexico.com

November 30, 2010 in Legal News, Personal Injury by jferris

Sexual Abuse Victim Is Entitled to $10M Attachment Against Disgraced Pedophile Priest’s Assets, Supreme Rule Says

A suit filed on behalf of William Dotson by Stratton Faxon on July 9 declares that the Reverend Stephen Bzdyra sexually molested an altar boy in the 1980s. The sexual abuse victim is now entitled to $10M attachment against the priest’s assets.

William Dotson of Hartford, a 34-year-old Connecticut man, filed suit on July 9, against Reverend Stephen Bzydra for sexually molesting him while he was an altar boy at St. Francis Church in New Haven, Conn. and Saint Hedwig Church in Naugatuck, Conn. between 1985 and 1990. Dotson was found to be entitled to a $10 million attachment based on demoralizing evidence of repeated and horrific sexual abuse in October 2010.

“William is very grateful that the court ruled in his favor supporting his case. The pedophile priest’s lawyer Hugh Keefe should be ashamed of himself for attacking William the way he did in court,” said Joel T. Faxon of Stratton Faxon, the trial law firm in Connecticut that represented Dotson. “The pedophile should come forward and take responsibility for his actions. The diocese and the Vatican should remove Bzdyra from his priestly duties immediately to protect the thousands of children of Connecticut from a Bzdyra attack. Bzdyra is able to troll around the parks and playgrounds of Connecticut with impunity. This disgusting monster should be in jail. We have already forwarded the judge’s decision to the State’s Attorney’s office in hopes that he can be criminally prosecuted.”

The Catholic Diocese placed Bzdyra, the accused priest, on administrative leave in August pending their investigation. He had served as priest and religious education teacher at St. Hedwig’s Church in Naugatuck during the mid-1980s and early ’90s.

“There was more than adequate evidence to support the plaintiff’s claim that Bzdyra sexually abused him when he was a young boy,” said Justice Robert Berdon after a contested hearing. “The court finds that the testimony of the plaintiff was credible and overwhelming. The court finds that the abuse included anal rape, forced oral sex with Bzdyra, that Bzdyra compelled the plaintiff to masturbate him and Bzdyra ejaculated in the face of the plaintiff. This conduct went on for several years.”

To learn more, visit http://www.strattonfaxon.com.