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 anArkansas injury lawyer and Arkansas business dispute lawyer, practicing personal injury law
and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com.
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.
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
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
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
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
The young college student in this case was out for an evening of fun with friends. They had gone to a club and were in party mode until about 2 a.m. when they decided to head home. What happened next was horrendous and took the life of a 23-year-old woman.
The after party crowd was making their way outside to their vehicles, when the defendant in this reported case got into his souped up monster truck (Ford F-250) and ran over the woman with both front and back tires. She died at the scene from blunt force internal injuries. She never had a chance. The truck’s driver said he never saw her.
Her family filed a wrongful death lawsuit naming the drunk driver and the club who over served the man well past the legal intoxication limit, let him leave, and get into a vehicle to drive while under the influence. Was the club negligent? Yes, it was. They have the responsibility to not over serve alcohol to inebriated patrons for very reason that killed the young woman in this case. They did not do anything to stop him from leaving, even though they knew he was more than three sheets to the wind.
Turns out that the F-250 driver was driving with a suspended license and was so blasted that he had no idea he had even hit anyone, let alone killed them. The reason he never saw his victim? The man had a lift kit on his truck that restricted his field of vision; a kit that was not in line with federal and state laws. In other words, the truck was not fit to drive.
The man was charged with intoxication manslaughter and his blood alcohol content clocked in at 0.18; more than twice the legal limit. He was subsequently released on $100,000 bail. The criminal charges are typically dealt with first and later, the civil wrongful death lawsuit may be filed.
The family of the young woman wants to make sure something like this never happens to anyone else. But for the negligence of the club in illegally serving an already drunk person even more liquor, this young woman may have been still alive. But for the negligence of the drunk driver, this young woman may have still been alive. Her family would not be facing the devastation of the daughter’s death for a senseless reason.
If you are faced with a situation similar to this, your best bet is to call skilled legal counsel. Talk to an experienced Arkansas injury lawyer. They understand the nuances of wrongful death cases and what the family wants to achieve by filing one. Often wrongful death cases are not about getting even with the defendant; instead, they are about wanting to prevent the same horrid thing from happening to anyone else. Is there financial compensation for the death? Yes, as typically there is an insurance settlement involved, and you will need an Arkansas injury lawyer to help you get the settlement 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
The post Wrongful Death of a Daughter Leaves Family Hoping It Never Happens to Another first appeared on SEONewsWire.net.]]>It has been reported that there will likely be more than one wrongful death lawsuit filed by grieving families in this case that shocked the nation. Nineteen people, high-risk patients, were on IV lines, being fed bagged total parenteral nutrition – bags that were subsequently discovered to be contaminated with a deadly bacteria. This is something that could happen in any state, city, town or community, which is what makes it so frightening.
The pharmaceutical supplier who provided the parenteral nutrition bags was named in the two lawsuits filed to date, with more expected. The families of the victims, who went to hospital, sure that they would be home when they were better, filed the lawsuits to make a point about the supplier taking responsibility for the contaminated IV bags. The irony of this situation is that those who relied on the life sustaining fluid, paid with their lives when they were infected with serratia marcescens bacteremia.
In total, nine people died and another 10 had to be kept in hospital while they battled this new opportunistic disease that hitchhiked into their blood streams from the contaminated IV bags. Total parenteral nutrition is typically used for patients who are unable to or should not eat food. This particular bug is noted for causing infection in the urinary tract, in wounds, they eyes and respiratory tract. In this case, because it was introduced directly into the bloodstream, its effects were far more deadly.
The basis of the wrongful death lawsuits filed so far, indicate that the pharmaceutical supplier should have known the product was contaminated or defective. It is their business to produce safe products for people who rely on them for their lives. Thanks to this monumental and deadly error, six hospitals in the areas were reporting the serratia marcescens bacteremia infection.
This kind of incident gives one pause about going to hospital. How could it not? This is the stuff of nightmares for people facing any kind of hospital time. What will happen to me? Will I get the right medications? Will they be safe and not harm or kill me? With things like this going on, it’s not much wonder people regard hospitals and pharmaceutical suppliers and drug makers with a jaundiced eye.
The whole point of this though is that when someone you love goes to hospital to be healed, and then ends up fighting a serious infection or dying, because someone was negligent, something has to be done about this. The company that made the bags needs to be held accountable for their actions. The subsequent point to be made is also that something like this can happen at any time, to anyone, in any location. To receive just compensation, you need to hire the expertise of an Arkansas injury lawyer.
Wrongful death cases are highly complex, gut wrenching events for the family and take a long time moving through the courts. However, with a skilled Arkansas injury lawyer by your side, getting justice and fair and equitable compensation is what you deserve and will get.
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
The post Wrongful Death May Follow When Things Go Bad Medically first appeared on SEONewsWire.net.]]>Many psychiatric patients today are able to get their prescriptions from their psychiatrist without dealing with their family doctor. While this is a boon for the patient, there are risks inherent in this practice. For example, prescribing psychiatric drugs without knowing the rest of the patient’s medical history is a case of medical malpractice looking for a place to happen.
Many of the psychiatric medications on the market today are noted mainly for their side effects alone, never mind how those side effects would manifest in the presence of other drugs. Keeping track of conflicting drugs is a major nightmare. If one drug is prescribed and causes a bad reaction, it will need to be replaced with something else. In other words, it’s a bit like trying to experiment with making a cocktail – keep adding things until something works without harming the patient.
In this potential minefield of psychiatric drugs versus other drugs a patient may be on, there is a very real question of how these drugs may affect a baby. Most, if not all of these types of drugs, have an impact on the tender and developing neural system of a fetus. If the drug affects the mother in an adverse manner, you may be sure it will affect the baby as well. The most common difficulties are nerve and brain damage. If a doctor does not warn his or her pregnant patient about the potential side effects and complications of psychiatric drugs, the baby may sustain serious damage and/or disabilities.
Consider the case of the 32-year-old psychiatric patient who was two months pregnant. She was prescribed pills for depression that caused her to suffer severe anxiety attacks, paranoia and several other disturbing symptoms. She returned to the doctor, who prescribed another drug that seemed to work well for her. Nine months later, she delivered a brain-damaged baby, a noted side effect of the drug prescribed. Since she had received no warnings about the drug she was on, she could not make an informed decision about whether to discontinue it or not.
Medical malpractice? Likely. Could the woman file a medical malpractice lawsuit? Yes. Would she win? Likely, but that would depend on the evidence presented in the case. If you have been in a similar situation, take your case and concerns to a competent Arkansas malpractice lawyer and find out how you may recover damages for your situation.
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
The post The Face Of Medical Malpractice May Be Founded In Prescribing Psychiatric Drugs first appeared on SEONewsWire.net.]]>There are a number of ways to handle disputes in a workplace setting. What you choose to do will be based solely on your preferences, budget and how effective you think the methods may be in your particular workplace. For instance, the first thing you might want to try is direct negotiation. It does not cost that much to accomplish, but, it is not always the easiest way to get things done. People will be people and they are not always easy to deal with, so you need to be prepared before you try direct negotiation.
An example of getting ready to enter into direct negotiations would be that you, and hopefully the person you will be negotiating with, will be very clear on what is wanted, why it is wanted and how valuable the future relationship is with the other person.
Having done that, you then need to try and understand what the situation looks like from the other person’s point of view. That means you must take the time to really listen, understand, observe and ask questions to clarify. If all goes well, you can then draft an agreement that works for both parties.
If you are not comfortable with direct negotiation, and many people are not, you might want to try mediation. This simply means finding a way for the problem to be solved or resolved, not to figure out who is right or wrong.
The parties involved in mediation get to tell their respective stories to a neutral third party; one who does not have any authority to make decisions. They are there to facilitate a resolution to the situation – period. Of course, the solution needs to be okay with both parties. None of the material used during mediation is useable in court, a point you need to remember when considering your options for dealing with business disputes.
The next step after mediation is arbitration. This is when you take your business dispute to a neutral arbitrator who goes over all the evidence, hears both sides and then delivers a binding decision. Even if the parties to the arbitration do not like the decision, they have to accept it. This process is more time consuming and thus is usually more expensive, if you have budget concerns.
When all else fails, and in some cases, it does fail, you still have the legal option. This would involve letting a judge figure out who is right or wrong and making a decision. Most civil cases do not get that far, simply because they settle out of court to save money. While litigation is a definite option, it has two large drawbacks. It will generally ruin any working relationship between the parties and it can be costly.
What options would suit your business style? That would be something for you to determine, but generally speaking, the option that best suits your dilemma is one that suits your management style.
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
The post Unresolved Business Disputes May Tank A Company first appeared on SEONewsWire.net.]]>This particular big rig crash was nothing short of completely spectacular. The semi could be seen travelling along the highway, suddenly veering into the median and plowing through it. Usually, in cases like this, the truck would jump the median or jackknife and roll over. This truck, however, completely disintegrated right on impact, with the pieces flying across the other two lanes of traffic.
As a result of this wreck, there was a 40-car pileup right behind the rig, or what remained of the rig. It was a nasty chain reaction that miraculously did not involve too many serious injuries. One woman, who climbed out of her car after she crashed, was struck and killed at the scene. Her family will likely want to file a wrongful death lawsuit with an Arkansas injury lawyer and get the case either settled fairly or taken to trial for justice.
What caused the 18-wheeler driver to lose control? This and a whole series of other questions will dog the investigation until the police are able to sort out what the trucker was doing just prior to losing the rig and it spinning out of control. There is certainly speculation that the trucker may have dozed off at the wheel, been driving under the influence of drugs and/or alcohol, was texting, was reaching for something on the dashboard and took his eyes off the road or was speeding despite unsafe winter road conditions.
Any one of the drivers and passengers of the 40 vehicles involved in this horrendous crash may want to speak to an Arkansas injury lawyer about recovering the costs of their medical bills, pain and suffering, lost wages and other items. While the injuries may have seemed to be minor on the surface, silent injuries, like whiplash or traumatic brain injury, may not show up until later.
If you have even been in an accident like this, do not wait to call an experienced Arkansas injury lawyer and discuss your case. You will find out your rights, what to expect when you go to court, what damages you may claim and find some closure in the process.
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
The post Big Rig Disintegrates Upon Impact first appeared on SEONewsWire.net.]]>This is a case our law office read about and that involved a young sophomore who died as a result of a college prank gone awry. Often people relate best to actual case examples when learning more about how the law works when it comes to personal injuries and wrongful death lawsuits.
In this case, the 19-year-old man who died was living in a house with three other roommates. One night, while he was asleep, the other roomies got drunk and decided to play around with fireworks. Someone came up with the idea of sticking two Roman candles under the young man’s bedroom door with the idea that it would scare him awake and they could all have a good laugh when he came running out.
Roman candles are quite active when they get lit and often spew out at least 10 or more fireballs. With two of them under his door, there would have been roughly 20 fireballs blasting off into his room. The pranksters beat it outside and when they looked up at his room, they realized the whole thing was on fire by the glow in the window. They tried to save him but the intense heat drove them back.
The wrongful death lawsuit filed by the man’s parents stated that the four other boys who pulled this deadly prank were negligent and acting in a willful and wanton way and totally disregarded the safety of their son by starting a fire in his bedroom. The end result of the trial in this case was that the jury awarded the man’s family $700,000 for his wrongful death. The four all pled guilty to involuntary manslaughter; a move that netted them a plea bargain that gave them probation and six months in jail.
This was a totally devastating case for the dead young man’s family. They thought he was safe with his friends. Little did they know that when the alcohol prevailed and overrode common sense, that their son would lose his life. What the four boys did was negligent, reckless and ultimately fatal. The presence of negligence is required in a wrongful death case and that negligence must be the proximate or direct cause of the death. In this instance, it was clearly the fireworks placed under the door by the boys that led to another’s demise.
If you have been in a similar situation or involved in another scenario where you lost someone you loved because of the actions of another, it is best to seek an Arkansas injury lawyer right away. Wrongful death lawsuits are civil, not criminal, cases and they are also subject to the Statute of Limitations, meaning you only have a certain amount of time to file suit or lose your chance. Just remember that every state has different wrongful death provisions and you will need to speak to a skilled Arkansas injury lawyer to find out what applies in your case.
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
The post Wrongful Death Came Calling In The Form Of A Deadly Prank first appeared on SEONewsWire.net.]]>Often the best way to illustrate a principle of law or what needs to be done in the case of an accident is to outline a case that happened to someone else. In this particular instance, the courts awarded a biker and his wife a total of $2,251,940 for an accident that ended with the man’s left leg being amputated.
The biker was minding his own business and obeying the rules of the road when along came a woman in her car who could not see where she was going. For whatever reasons, she thought it would be safe to drive and re-wet her contact lenses at the same time. As a result of that, her vision was blurred. She was also reaching down to get a pair of sunglasses from the passenger’s side of the car. Not only couldn’t she see what she was doing while she was driving, she was driving while distracted by reaching for her glasses.
While trying to see and reach for her glasses, she hit something. That something was the biker, who was trying to get out of her way because she was driving erratically. He went to hospital and lost his leg. At trial with representation by a skilled injury lawyer, the jury handed down an award that included lost wages, loss of consortium with his wife, money for his permanent impairment to earn wages and funds for past, present and future mental, emotional and physical pain and suffering.
Not every personal injury case is the same, but this case serves to point out what types of damages may be awarded in injury accidents where there is permanent impairment, such as the loss of a body part. Most often, damages handed out by the courts are predicated on the seriousness of the injuries, their duration and how those injuries affect the person and their life. With life-altering injuries, a plaintiff’s life is never going to be the same as it was before their accident.
If you have been in a similar situation, speak to an experienced Arkansas injury lawyer to find out what your rights are, how to proceed to trial or settlement and what you might expect when you get there. Never be shy to ask questions, as that is what an Arkansas injury lawyer’s job is all about; helping people who have been hurt as the result of someone else’s negligence.
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
The post Pay Attention when Driving or Risk Seriously Injuring a Biker first appeared on SEONewsWire.net.]]>This brutal accident came as a complete surprise to all of those involved. It happened in the blink of an eye and the consequences were utterly devastating. This case happened in early December, near Salt Lake City, Utah and it serves as a reminder to all of us that anything can and does happen when we least expect it. One minute things on the roadway were business as usual, and the next minute, three people were killed and many more injured as several cars wound up in a tangled heap on the highway.
It had been snowing lightly and the roads were not in the best condition. To top that off, the police report of the accident indicated that alcohol and drugs played a role in this fatal accident. The three dead were riding in a green GMC Jimmy. The fourth passenger was taken to hospital in critical condition.
The driver of the Jimmy lost control of the vehicle and it started to spin, sideswiping a car carrying a mom and two kids. Shortly after that, the Jimmy was T-boned by a pickup truck. One Jimmy passenger was completely ejected, one partially ejected and one trapped in the back seat. It was a gruesome accident scene.
Police found beer cans in the Jimmy and called for further testing for drugs. This four-car pileup involved 11 people, hurt because someone was drinking and driving and likely on drugs as well. It is a case that may resonate with anyone who has ever been involved in a DUI accident. It is an example of how easy it is to lose control of a deadly vehicle while under the influence and just what the consequences may be for doing something that stupid.
For those seriously hurt in accident like this, the only way to make sure you get fair and equitable compensation for your medical bills and other expenses is to discuss your case with a skilled Arkansas injury lawyer. Without their help, you will be stuck in an insurance nightmare trying to battle it out with insurance adjusters; adjusters whose sole goal is to settle as low and as fast as possible.
With effective legal representation on your side, you will not need to deal with adjusters who want to minimize your injuries or pretend they are not as serious as they actually may be. You do not need the indignity of dealing with people who will try and twist your words and use them against you, so their company can save money. When you need help after a wreck, seek experienced counsel from an Arkansas injury lawyer who will make sure you get justice.
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
The post In the Blink of an Eye the World Exploded in Car Versus Pickup Truck Wreck first appeared on SEONewsWire.net.]]>Although you may be conscientious and pay all of your car insurance every year, drive carefully and safely and have a stellar driving record. If you are in an accident, even if it was not your fault, you have no friends at the insurance company. The hard truth is that an insurance company is a business and any business that wants to stay in operation and make money, not hand it out to people who get into accidents.
Most, if not all, insurance adjusters will kick into “minimize” mode the minute you report your accident and any injuries you may have sustained. Why do they do that? Insurance companies need to keep their bottom line profitable. If they paid out full dollars to victims, based on what they truly deserve, they would go broke. To that end, once the adjuster knows you have been injured, they try to make it sound less serious than may actually be the case.
Don’t be surprised when the insurance company tries to get you to settle fast and low. Expect them to put words in your mouth about your accident and how it happened, no matter what you say. They are masters at coming up with things to throw you off guard and make you say things that could be used against you later. For this reason, seriously consider not speaking to the adjuster until you have consulted with a lawyer.
Think that might be overreacting? Consider this. You were in a car wreck that involved six vehicles and four of them were totaled, including yours. What if there was one person deemed at fault for the whole event? What if that person didn’t have enough insurance to pay for the carnage and your insurance had to pay the bill?
Let’s say you lost a lot of time off work and your medical bills were close to $59,000 and your research indicates you should be entitled to about two times the amount for pain and suffering and money for your medical bills. Let’s also say the insurance company flatly tells you that you will only get a one-time settlement offer despite your horrific injuries, astronomical medical bills and totaled car.
If you went with the insurance company’s one-time settlement, you would be short changed out of a lot of money. If you sign anything in addition to taking their offer, you will not be able to sue later if your injuries get worse. This is one of the major reasons you need to talk to a seasoned Arkansas injury lawyer, because if you want justice, want what is fair, want what you deserve, you need a lawyer representing you. No one else will look out for your rights, not when money is involved.
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.
The post Watch Your Back When It Comes To Insurance Companies first appeared on SEONewsWire.net.]]>Even though the nation relies on trucking to transport goods clear across the country, the accident statistics for the industry give one the chills. The U.S. Department of Transportation indicates that someone is killed in a rig wreck just about every 16 minutes.
If you do the math on that, you get roughly 90 personal injury accidents happening every day. Every day of the year, there are 90 accidents. What staggering numbers to even begin to contemplate; numbers that often are used in court when an Arkansas injury lawyer handles a trucking wreck case on behalf of a client.
There is no doubt in anyone’s mind that when a behemoth weighing in at about 80,000 pounds hits a smaller vehicle, which may weigh about 3,000 pounds, the big rig completely creams the other vehicle. Often, there isn’t a whole lot of the other vehicle left to pick up at the accident scene. Unfortunately, there often aren’t a lot of people left alive either.
For those who do survive an accident like this, their lives are often changed forever due to the catastrophic nature of their injuries which may include amputations, traumatic brain injury, fractures, crush injuries, spinal cord injury and paralysis. It’s enough to make you want to stay home; enough to make you wonder why accidents like this happen in the first place.
Typically, many of the big rig wrecks are the result of a number of factors which may include poorly trained truckers, negligent driving, driving while exhausted, speeding, traveling with an improperly balanced load, poor or no maintenance, inattention, texting, driving while distracted or driving while under the influence of drugs or alcohol or being overloaded. Truckers are human and many figure that nothing will happen to them while they are on the road. Many take chances based on that assumption. Unfortunately, sometimes the assumption will kill them and others.
Despite the fact that the trucking industry does have rules in place that are supposed to limit the number of hours a trucker may drive, this seems to be more honored in the breach than in actual practice. This fact has come to light in other cases handled by an experienced Arkansas injury lawyer. Truckers don’t make much money, which drives many to break industry rules to pay their bills. They will either put in more hours to make more money or end up driving faster and further to meet company expectations, whether they are realistic or not.
Given the long laundry list of things that may be going on with truckers in the nation today, can you really expect that the big rig in the lane next to you is being piloted by a sober, rested, responsible trucker that is well versed in road safety? The answer is: Probably not. In light of that, take steps to protect yourself and give them lots of room.
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
The post America Runs Thanks To The Trucking Industry But Fatalities Are Often The Price For Commerce first appeared on SEONewsWire.net.]]>The case I wanted to talk about is one that I was made aware of while reading accident reports. While I did not handle this case, I have had cases similar to this. It just brought home the fact that there is a thin line between being safe and on the road to your next destination and being dead in the blink of an eye when a big rig rolls over. Death may visit the driver of the truck, just as easily as it can affect those around the vicinity of a semi when it crashes.
In this case, the trucker was hauling beer and was just about to merge onto a highway when he spotted a car stopped in the right lane. The driver was just sitting in the car at the time and no one knew why, aside from speculating about mechanical failure.
Unable to stop, slow down or swerve, the trucker attempted to avoid a collision, but smacked into the car, climbed an embankment and flipped over. The cab was severed from the rest of the truck and diesel fuel slopped out on the highway. The trucker was pronounced dead at the scene and the driver of the car was taken to the hospital, suffering some very serious injuries. It was several hours before the scene was cleared of debris, diesel fuel and dumped cargo.
Obviously, there would be an opportunity for the estate of the trucker to file a wrongful death lawsuit. However, the family of the car driver, or the driver himself, could also in turn file a personal injury lawsuit claiming the trucker was negligent in not watching where he was going, was perhaps speeding or maybe even driving while distracted. There are far too many possibilities to know for certain how this case may eventually turn out.
The point to be made here is that in most truck wrecks there are hundreds of details that need to be examined by a skilled Arkansas injury lawyer to determine liability, who to sue, what damages to ask of the court, which insurance companies are involved in the resulting melee and just what precisely happened to cause an accident in the first place.
Truck wrecks are not as simple and straightforward as they may seem at first blush. There are usually too many other parties with a vested interest in the outcome to think, even for a moment, that the case won’t be difficult to get to trial.
If you have been involved in a truck wreck and lived to tell the tale, speak to an experienced Arkansas injury lawyer. You should know right upfront what your legal rights are and how complex cases like this are handled.
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
The post Big Rig Rollover Kills One Person And Injures Another first appeared on SEONewsWire.net.]]>The number of auto wrecks that happen each year is enough to curdle your blood – over 40,000 people die in metal carnage every single year. That means that there are, on average, at least 115 deaths every day. That is the devastating loss of people that were loved and will be mourned for many years to come.
It’s not just the loss of life that is costly; it’s also the fact the car crashes cost at least $150 billion a year. While you might think this won’t happen to you, the statistics show that you are likely to be in at least one wreck in your lifetime. It is numbers like this that generally turn up in court when you are represented by an Arkansas accident lawyer attempting to obtain compensation for your injuries.
There are some things you should know if you are in an accident and the first thing is, even if you apparently have no injuries, call the police. You need to file an accident report, because if you do turn out to have injuries as a result of the crash, you need to have a paper trail. Part of that paper trail is a police report. In addition, these reports (usually used for insurance adjusters) usually determine fault. You will want to make certain your report is not only accurate but thorough. Any loopholes will cause a major headache for your Arkansas accident lawyer later.
What about witnesses? Yes, you need to have a record (interview) of all the witnesses and of any other parties involved in the wreck. If there is a diagram of the scene and/or pictures, get a hold of those as well. If the police aren’t interested in getting all this information, make sure you try to track it down yourself, complete with cell phone photos of the crash site.
Be aware that the most common injuries that you might suffer in an auto accident are muscle tears and strains, bone and joint injuries, paralysis, whiplash and head and neck damage. Most of these injuries are not seen and therefore are hard to prove to a jury later, never mind the insurance company who wants to minimize your injuries and/or reduce or deny your claim.
Get medical attention right away, even if you think you are fine. Ask the doctor to keep thorough records that may be needed for court later and ask that they note that your injuries are the result of your accident, if that is how they diagnose your condition(s). If you don’t have your injuries properly documented, this will be a problem in court.
Sometimes, when it comes to car crashes, the simple things that need to be done to cover your case later are overlooked. Pay attention to the details, because they will make or break your case when and if your Arkansas accident lawyer takes it to trial. Your damages may include recovering the cost of medical expenses, loss of property, loss of wages, pain and suffering and/or costs for long-term care if you sustained a life-altering injury.
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
The post Americans Die More Frequently In Car Wrecks Than Any Other Kind Of Accident first appeared on SEONewsWire.net.]]>“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
The post Arkansas Injury Lawyer Smith Advises Bruises May Be Sign Of Elder Abuse In Nursing Homes first appeared on SEONewsWire.net.]]>“If your doctor said that he or she was really sorry about what happened to you, would you perhaps make the decision to not sue them for medical malpractice?” asked Michael Smith, an Arkansas accident lawyer. It seems that might just happen in some instances.
This is a new approach to doing medicine being implemented in the University of Michigan health system and is a deceptively simple program that has resulted in a dramatic drop in medical malpractice lawsuits. “What does it involve? Well, oddly enough, the program promotes medical professionals taking complete responsibility for any medical error they made and acknowledging it was an error. Evidently, malpractice suits have dropped by 60 percent,” Smith said.
This new way to practice medicine is patterned after the Texas program dubbed “Sorry Works,” and it seems to be working well for the University of Michigan. The program sees those who have made medical errors admit to the error, say they are sorry for the mistake, implement procedures to avoid it happening again and offering reasonable compensation for any harm caused. This simple, yet effective approach has diverted a lot of malpractice suits.
“Stop and think about that one for a minute. If you had come to harm at the hands of your doctor and they in turn denied responsibility and liability for the error, how would you feel? Most patients would feel victimized and want to sue to recover compensation for their medical bills, pain and suffering, etc,” said Arkansas accident lawyer Smith.
“On the other hand, if the doctor came to you and said right upfront that they made a mistake and were very sorry for it and worked to ensure it never happened again and even offered you compensation, what would your reaction be?” he asked. Chances are, if a patient injured at the hands of a medical professional gets a heartfelt apology, they won’t sue. Human beings appreciate sincerity and honesty, even when it comes to medical mistakes that may have harmed them.
This kind of an open approach to dealing with malpractice is a refreshing change from the deny everything routine and hiring the best defense lawyers going to squash the claim and the claimant. All victims really want is for someone to take responsibility for their mistakes, and that includes medical professionals – who are, after all, human beings who can and do make mistakes.
When it’s evident a mistake has been made and the doctor/nurse denies it, many patients seek legal redress out of desperation and a sense of being wronged. “Which, when you mull that over, makes perfect sense. It’s being betrayed by someone you are supposed to trust and when they don’t take responsibility for their screw up, it hurts, angers, aggravates and drives people to sue,” Smith said.
Learn more by visiting http://www.Arkansaslawhelp.com
The post Arkansas Accident Lawyer Smith Sees Drop in Lawsuits When Doctors Say Sorry first appeared on SEONewsWire.net.]]>If there was ever a case where someone with a bad driving record should not be driving with a suspended license, this would be it. This accident involved an 18-wheeler and a truck and the resulting melee shut down a major U.S. highway for over an hour. It’s a wonder there weren’t more injuries that would involve contacting an Arkansas accident lawyer for assistance to recover compensation for personal injuries.
The driver of a Dodge 2500 pickup decided, for some unknown reason, to turn in front of a northbound big rig. The Dodge driver was trying to get into a parking lot at his local dollar store. Whatever possessed him to turn in front of an oncoming semi defies logic, but the end result of this smack-up was an out of control semi sliding into a power pole. The offending Dodge squeaked by a gas line and just missed a home. You can picture the mess that would have been if the gas line had ruptured.
The trucker wasn’t injured in the crash, but the Dodge driver and his children did receive minor injuries, which could have been a lot worse. No one went to hospital, but they were checked over by EMS crews. Evidently, the Dodge driver had not been drinking and driving, but he was ticketed for turning when it was unsafe to do so and driving with a suspended license. With a suspended license, it’s safe to assume his driving record was not exemplary. In addition, his lack of judgment and driving skills would seem to point to yet more reasons why he should not have been driving, period, let alone with two children in his truck.
Accidents are never a lot of fun, but unfortunately, they can and do happen at the drop of a dime. All it takes is just one miscalculation about speed or distance, and things like this situation can happen. Thankfully, it turned out well for those involved, but it could have been a nightmare in the making.
If you have been involved in a situation such as this, or something similar, it’s a wise move to call an Arkansas accident lawyer. You never know when minor bumps may turn into major brain trauma. It has happened and people have lost their lives because of it. Never hesitate to ask legal questions, as you need to know your rights to determine how to proceed in your particular case.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
The post Don’t drive with a suspended license first appeared on SEONewsWire.net.]]>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
The post Resolving business disputes isn’t always easy first appeared on SEONewsWire.net.]]>These people should be paying the bills for the victims. After all, the accident was their fault. While it may have been the other person’s fault, many people shrug off the responsibility of the consequences of an accident because of the money involved. In fact, the person or people at fault could even have been uninsured or underinsured, driving without a license or driving while suspended.
“Many people involved in an accident don’t want to get wrapped up in a court case that drags out and costs them money. They need a quick resolution to their claim so they can recover lost wages and/or pay their medical bills. Unfortunately, they can’t accomplish that on their own, as dealing with insurance companies is something best left to competent accident lawyer with experience in handling them,” said Michael Smith, an Arkansas accident lawyer.
Insurance companies are not accident victim’s friends. They are running a business. The bottom line of that business is to save money on accident claims and not pay it out in high amounts, whether the settlement is warranted or not. “If you have a lawyer working with you on your car accident claim, chances are you will get a much higher settlement because they know you are serious about going to court if the claims negotiation process does not work,” Smith said.
Those who think they can handle their own insurance claim often find out later that they signed something that they shouldn’t have – something that gave away their rights to sue. Unfortunately, once a claimant has signed away his or her rights, the insurance case file can’t be re-opened. It’s for this reason that it’s smart for the victim to not sign anything until he or she has spoken to an Arkansas accident lawyer.
“In fact, I’d suggest you bring any papers the insurance company wants you to sign to me. I will go over them and we can discuss precisely what they mean to your claim and how they may affect your rights,” Smith said. For example, a victim may well be entitled to current, past and future lost wages and medical bills for therapy. The claim may also apply to living expenses. Unfortunately, those trying to handle their own claims don’t think about these things and/or don’t know about them, and you can bet the insurance company won’t tell you about them, because they cost money.
“If you have an accident claim, let’s discuss it and see how to best ensure you get a fair settlement without having to deal with any of the runaround typically handed out by insurance companies. While we’re discussing your claim, I will also let you know what your legal rights are,” Smith said.
Learn more by visiting http://www.Arkansaslawhelp.com
The post Personal injury responsibilities that others don’t take seriously first appeared on SEONewsWire.net.]]>If you’ve read anything lately on the Internet or in the news about car accident statistics, you’ll notice that they are going up. That’s disturbing news. Unfortunately, most accidents are avoidable (unless it’s a mechanical defect) and people are just not taking responsibility for their actions.
For example, everyone knows that drinking and driving is just asking for an accident to happen. And yet, people go ahead and do it. They think nothing will happen to them, that they will make it home safely, that they haven’t had too much to drink and that they can drive just fine. They don’t stop to think about the consequences of their actions.
They don’t get that they may maim or kill someone’s family member. These roles could well be reversed by the way, with the drinker losing a loved one to a drunk driver. The first person to get outraged over the accident is the person who makes it a habit to drive drunk.
These days, driving while under the influence doesn’t just mean under the influence of booze, it also means under the influence of drugs, which can include street or prescription drugs. It’s quite the social commentary on the direction humanity – that over time, people have come up with more ways to drive dangerously, not taking ultimate responsibility for their actions and addictions.
Driving while fatigued is yet another very common occurrence on the road. Take the case of an Arkansas woman, on her way home from her sister’s wedding shower party that ended at 2 a.m. She was almost home when she dozed off behind the wheel of her car, drifting into the oncoming lane, right into the path of an 18-wheeler. She never knew what hit her. Police reports across the country commonly cite falling asleep at the wheel as the reason for horrific crashes, causing serious injuries and death. This is yet another situation where people don’t take responsibility for their actions. If you’re tired, take a nap. It could save your life.
Observing posted speed limits is also something a great number of people don’t do, often with drastic consequences. Life is about choices, and choosing to speed is choosing to take the risk that something bad will happen if you lose control of your vehicle. Choosing to speed is choosing to put other people’s lives at risk for your fun. Think about that carefully the next time you get behind the wheel of a car and have the itch to let it out full speed. You may end up someplace you weren’t originally going when you left home – in the hospital or dead.
If you’ve been in a car accident that was someone else’s fault, speak to an Arkansas injury and accident lawyer, it will increase your chances of getting a fair settlement. While some people feel they can file an accident claim on their own, they often don’t have the kind of experience needed to deal with the predatory insurance companies. A seasoned and capable Arkansas injury lawyer knows how to handle insurance companies. It’s what they do best and to your benefit.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Running a business, especially these days, is an adventure fraught with angst, waiting for the other shoe to drop, wondering where the money will come from to keep the business running and trying to keep everyone satisfied. There’s a lot of juggling involved in handling business matters from day to day. Sometimes people get hurt in the process.
While things might seem like they are running well, they sometimes get a bit frayed around the edges and there are disagreements. Knowing what the most common ones are and stopping them before they become major arguments is a good idea. Having alternative resolution methods, like mediation or negotiation, is also a very smart move. It may save a bad situation from becoming worse.
Employment disputes are the most common disputes that take place in a workplace. These kinds of disagreements can come up for just about any reason, but the most commonly cited reasons are: discrimination, payment issues, salaries or benefits, differences of opinion over maternity leave, unfair dismissals or choosing representation at an employment tribunal.
There are also disputes that may arise between one business and another. While cooperation and partnership is the best way to advance everyone’s cause, these kinds of relationships are usually pretty complicated. Inter-company arguments generally involve very serious issues and the best way to resolve them is legal action or mediation in many cases.
When two or more people own and run an organization, there are bound to be disputes. Arguments and differences of opinions between those who lead are often very difficult to handle without damaging interpersonal relationships and working arrangements. Most often, the differing points of view arise as a result of one person wanting to go in a direction another does not, haggling over money, hiring disagreements and/or a change in leadership, planned or unplanned.
You can also expect to find breach of financial agreements and breach of contract situations in a workplace. This is considered to be one of the more serious concerns faced by a business and generally speaking, legal advice and counsel is the best route to go. Contracts are legally binding and must be treated accordingly. They must be upheld either legally or voluntarily by common agreement.
If you have been in any of these situations, you will know that things are much more difficult without good legal advice from a skilled business lawyer. Good legal advice is always spot on when you have a business to run that depends on everyone getting along.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
The post Tricky business disagreements often need legal counsel first appeared on SEONewsWire.net.]]>Nursing home abuse is an abhorrent blight on society, and as a nation, we need to do something about it. If we don’t want to find ourselves in the same situation further down the road when we age, we need to take this bull by the horns.
“For those who have loved ones in nursing homes right now, you may want to keep your eyes open for signs that abuse is taking place. Often the signals are silent, because the family member is afraid to speak up for fear of retaliation, but if you spend time quietly observing what is going on, you will see a clear pattern of abuse if it is present,” explained Michael Smith, an Arkansas personal injury lawyer.
Things to be on the lookout for are bed sores, bruises and wounds, weight loss, verbal abuse, malnutrition, excessive medication and unsanitary conditions. Bed sores are caused because the patient has been lying in bed for too long without having any exercise. Wounds or unexplained bruises may be the result of inadequate assistance from the nursing staff. If the wounds are infected, that should immediately raise a red flag.
Any type of weight loss is usually associated with neglect or the onset of depression as a result of neglect. It may also indicate malnutrition. If the rooms and bathrooms at the home are not clean or are barely passable, this may indicate the home is understaffed and the patients are not getting the care they need. “If at any time you overhear insults or harmful comments, you will know there is a problem with the level of care your loved one may be receiving,” remarked Smith.
If there are a significant number of residents in the home that are over medicated so the staff’s job is easier, run to the nearest phone and call an Arkansas personal injury lawyer. This is called chemical restraint and it must not be allowed to happen.
“While it would help if you could ask your family member precisely what is going on, that isn’t always possible if they have dementia or don’t understand what you are asking them. Basically, your intuition is a good indicator of something being wrong. After all, you ‘know’ your family member, and if something changes for the worse, you know something isn’t right. This is the time to give me a call and we will discuss what is happening,” added Smith.
Learn more by visiting http://www.Arkansaslawhelp.com
The post Nursing Home Abuse Sends Out Specific Signals first appeared on SEONewsWire.net.]]>When a patient goes to hospital to get well and winds up having to speak to a med mal lawyer because the doctor was negligent and caused serious harm, that is a grave issue. Lately, another critical issue has been rearing its ugly head – illegal kickbacks to doctors. This is something that people may have heard about, but have not personally seen or witnessed. “This isn’t really too much of a surprise,” commented Michael G. Smith, an Arkansas malpractice lawyer and Arkansas accident lawyer, practicing personal injury law.
“Drug companies have a huge role in the occurrence of med mal, even in light of their attempts to supposedly improve health care standards. What role do they play? It all boils down to Big Pharma relying heavily on hospitals and physicians to promote ‘their’ products,” he explained. The kinds of products often being “pushed” are medical tools and devices and prescription drugs. The prescription drugs are an enormous profit pool for drug companies and thus they pressure doctors and hospitals to promote “their” brand name drug versus the generic brands.
“It goes without saying that the pressure is of the ‘you scratch my back and I’ll scratch yours’ variety, where the physicians get cash, trips, meals and/or expensive gifts, which is utterly tempting to say the least; utterly compromising for the patient’s health to say the worst,” observed Smith. By recommending or prescribing a drug that may cause a patient more harm than good, the patient is the one that will ultimately pay a price for the doctor getting presents.
“If you have been in a situation like this and are certain that you were given a drug only because the doctor was trying to promote it in return for a payoff of some kind, it’s a good idea to speak to an Arkansas malpractice lawyer with experience in this area. To say that things like this should not happen, is a major understatement,” Smith added.
Learn more by visiting http://www.Arkansaslawhelp.com
The post Medical Malpractice and Bribery May Go Hand-in-Hand first appeared on SEONewsWire.net.]]>This is a story that highlights some of the incredible problems there are for vets who are trying to deal with the Veterans Benefits Administration (VA). It involves a case we heard about where a retired Marine Sergeant was shot in the head in Vietnam, which resulted in spinal-cord surgery that landed him in a wheelchair for the rest of his life.
The Marine was told by a VA doctor to file to get funding that would allow him to adapt his home and car to handle his wheelchair. Flash forward to 2010, and the Marine is still fighting to get his claims dealt with, since all that has transpired in the last ten years was what appears to be a monumental run around of claim denials, a few rounds with legal interpretations, and dealing with the government bureaucracy. This Marine would get some straightforward information from an Arkansas injury and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits.
Over the last ten years, the Marine took matters into his own hands and went ahead and did his home renovations to the tune of roughly $6,000. He also got his driver’s license suspended; not one of his finer moments, but he noted with some humor that the VA told him he could not drive without special equipment and then told him he couldn’t have that very same equipment for a service related disability. This Marine is definitely not alone in his fight to get his claim honored.
There may be some light on the horizon in the form of VA Secretary Eric Shinseki, who has indicated he wants to clean up the inefficiency and clean out backlogged claims. Sounds good on the surface, but what about the error rate for processing claims? The error rate is actually not the problem in and of itself; the problem is that the whole system needs overhauling (much like the health and immigration systems).
Dealing with the backlog of claims may be nice, but rushing to move them out doesn’t address the underlying problems when it comes to staff making errors. Hustling things along will only mean the claims may be processed faster, but with a higher error rate, because no one is taking the time to make sure they are right the first time.
Overall, Shinseki wants to hit an accuracy rate of 98% by 2015, which also sounds fantastic, but do some math first to figure out what that really means. Let’s say the VA processes 2 million claims; that means a 1% error rate would be 20,000 vets. That’s a whole lot of problems for the vets.
If you find yourself in the revolving door trying to deal with a VA claim and don’t feel like you are getting anywhere, contact a seasoned Arkansas injury and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits. It may be the best thing you have ever done for your health.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
The post The Convoluted System of the Veterans Benefits Administration first appeared on SEONewsWire.net.]]>People want to invest money because they’d like to ultimately “make” money and be comfortable in retirement. Nice thought, and at one time, this was quite “doable.” Since the recession hit, those with investments have lost a lot of money, not their shirt – not yet – but it’s been a depressing ride for many. It’s hard not to understand why those who have lost funds would want to recoup them as fast as they can, any way they can – legitimately that is.
With that kind of investor mindset, it’s not much wonder there are scam and con artists out there that will set up schemes that are too good to be true and go trolling for unsuspecting investors. Unfortunately, even some pretty savvy people who do invest quite often get “had” by a scheme now and then. Of course, there are also the uninitiated investors who may be dabbling in the market and have an inkling of what they are doing, but not enough knowledge and intuition to spot a fraud when it raises its ugly head.
Here are a few things to be on the alert for if you are planning on doing some investing. If the rate of return on your investment is way too high – it sounds fantastic in fact – tone down your enthusiasm, because in cases like this it “is” too good to be true. The truth is that it is very rare for an investment to return more than twice the principle.
Keep in mind too that every investment must be audited and if this is not being done, your radar should go on high alert, prompting you to do some in-depth searching about the “opportunity of a lifetime.” Feeling rushed to fork over your cash? Being pressured to buy in or lose out? Back up a few steps and reconsider what you are doing. If the business offering the opportunity is legit and stable, they aren’t going to be out hustling customers and they won’t be using hard sell tactics either. This is when the word “No” should leave your lips promptly.
Sometimes all you have from the person who is trying to sell you something is their word about their firm or opportunity. Even though you may feel like its overkill to check out the firm’s rep and their investment offerings, do it anyway. The time you check may be the time you find out you should “not” invest your hard earned money.
If for some reason you got had by some smooth dude selling something that cleaned you out, speak to a qualified attorney with experience in this area of the law. You never know, you may be able to recover something.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
The post Investment Fraud Stalks Unwary Buyers first appeared on SEONewsWire.net.]]>Often the other vehicle’s occupants die in the carnage.
“While size alone may make them the “Kings” of the highway, this doesn’t mean they are exempt from following the rules of the road, just like the rest of us. In fact, you’d think it would make them ‘more’ aware of what they were doing ‘because’ of their size and deadly potential,” noted Michael G. Smith, an Arkansas injury and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas.
“Here is an interesting fact for you. Commercial trucks account for approximately 3% of all motor vehicle registrations. Doesn’t sound like much does it? Unfortunately though, they are responsible for roughly 12% of all yearly traffic fatalities,” observed Smith. The government does seem to be working toward making highway travel safer by putting stricter rules and regulations into effect that target truckers; specifically to get them to take precautions to avoid fatigue and distracted driving.
The statistics for big rigs crashes show that distracted driving tops the list of fatal driving errors. That list includes three kinds of distracted driving: taking their eyes off the road, taking their hands off the wheel, and disengaging their minds. This likely won’t surprise you in this day and age of texting, but truck drivers causing accidents while texting is negligent and deadly, and the very worst combination of the top three distractions,” Smith outlined.
“Maybe you haven’t heard about the case where a trucker killed a mom and her young child because he was watching a porn movie on his laptop while driving. Of course this is the high end of recklessness, not to mention stupidity, but it points out that some really strange things can and do happen,” added Smith.
Some other research just done recently by the Federal Motor Carrier Safety Administration revealed that truckers who text do so while taking their eyes off the road for 5 out of every 6 seconds. “If they are traveling at 55 mph, the trucker actually travels the full length of a football field without looking at the road. Pretty scary stuff, isn’t it?” asked Smith. On top of that frightening revelation, big rig truckers are up to 20 times more likely to get into an accident while texting on their cell.
The good news here is the DOT has now banned texting for truckers. If they follow the rules, this should help reduce accidents as a result of texting. If they don’t follow the rules, and let’s face it, some people won’t, there will still be death by texting while driving a big rig. “Yes, there is a fine if they’re caught texting. Lawyers can now also go for punitive damages to make a point that texting while driving is deadly,” said Michael G. Smith, an Arkansas injury and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas.
Learn more by visiting http://www.Arkansaslawhelp.com
The post Big Rig Texting Deadly first appeared on SEONewsWire.net.]]>Most wrongful death claims are as a result of accidents; accidents that include car crashes, truck collisions, motorcycle accidents, exposure to toxic chemicals, as the result of a defective product or due to medical malpractice. In cases like this, the key here is that the death was caused by someone else and that negligence is usually a factor.
“The person who brings a wrongful death lawsuit is usually the spouse, children or parents of the deceased and they are often referred to as distributees in cases like this. Also, wrongful death is a type of personal injury claim and you would file the lawsuit against the people responsible for the death,” outlined Michael G. Smith, an Arkansas injury and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas.
Wrongful death cases require the services of an experienced attorney so the family is able to get fair and just compensation for things like, pain and suffering, funeral costs, loss of wages, medical expenses, loss of companionship and consortium, etc. “There may even be a valid claim for loss of inheritance. Since each state has a slightly different wrongful death statute, you’d need to ask your attorney about what the rules are in your state,” Smith remarked.
In the alternative, there may be another option to consider; a survival action. This is when the family asks for additional compensation for the pain and suffering of the deceased. Typically though, those left behind must have lost money as a result of their family member’s death in order to file a wrongful death action.
“Calculating the financial loss for the death of a family member is no easy task, and the process usually starts with your attorney trying to negotiate a settlement. If there’s no dice that route, we’d go to court and let the jury and judge decide the matter,” observed Smith. The factors they would consider include the percentage of liability the defendant had for the wrongful death, the age of the deceased and other things like if the person didn’t have a job.
Liability isn’t always black and white which means that if the death was caused by someone’s negligence, how much could the person responsible have known about the risks involved in their actions? “This is sometimes a very tough question to resolve and there have been cases where a court decided the one responsible couldn’t have anticipated the outcome of their actions. In addition, the case may show the deceased was negligent themselves and contributed to the accident,” added Smith.
The bottom line when it comes to an award is that it may also be converted into today’s dollar amount; meaning while the jury award may be substantial, it may end up being reduced when it is converted. “This point, and a variety of other things, are crucial to know if you are about to file a wrongful death suit. Call me and I can outline the process,” offered Smith.
Learn more by visiting http://www.Arkansaslawhelp.com
The post Wrongful Death Case Compensation Complicated first appeared on SEONewsWire.net.]]>In a recent article, we talked about veterans being denied medical claims possibly because of VA budget concerns. That might make some sense when one considers that over $100 million has been ripped off from you – the taxpayers – since 2003 by contractors who masquerade as disabled vets. That’s a whole lot of money that could have been used to settle vets’ medical claims.
The story goes that the Veterans Benefits Act (2003) was designed to offer sole-source government contracts to disabled vets who owned businesses. Someone blew the whistle on this rip-off and there was a huge investigation which did precisely zero. The rip-offs still continue today. Widespread fraud every year and for some reason, the government lets it happen. Would they have a reasonable, rational explanation for that? Chances are they wouldn’t, but it might be interesting to hear what they have to say.
The government is in fiscal disarray and US taxpayers and vets are paying for that mess in a very personal way. If fraudulent contractors posing as vets continue to dine out on our money, what does that say about the checks and balances that are supposed to be in place to ensure fairness? What does that say about the government’s commitment to resolving the country’s financial mess?
Unfortunately, current laws don’t have any penalties in place for this particular type or kind of fraudulent scheme. In fact, if you can believe this, the awarding criteria for the program is based on the honor system. Yes, the honor system. All companies that are applying for funds have to do is check a box on a form that says they meet the VA criteria and they’re in business. Follow-ups, you ask? No, no one confirms their eligibility.
The bottom line here is that government contracting officers know about this and don’t do anything. There is a move afoot to introduce legislation to criminalize misrepresenting a business as being owned by a disabled vet, when in fact it is not. Someone certainly needs to do something about it, as the people who are pulling this stunt are stealing money that is supposed to go to vets.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
The post VA Benefits Act Has Mile Wide Loophole for Fraud first appeared on SEONewsWire.net.]]>“Generally speaking, there are two kinds of people who want to venture into the world of investing. Those who have an optimistic point of view on investing (if all goes well) but remain skeptical in light of recent fraud cases, and those who are skeptical first and try to hang onto their sense of optimism that not everyone is out to scam you,” said Michael G. Smith, an Arkansas injury lawyer, practicing personal injury law and dealing with stock fraud cases in Little Rock Arkansas.
The most successful investors seem to have a certain internal radar about them that can spot a dud at fifty paces and the Bernie Madoffs of the world don’t get past their front door. “Having said that, it’s not easy to spot a fake, particularly when the fraudster is charming, personable, has a good reputation and an ‘image’ that projects confidence and trustworthiness. It’s those with the glib gab that get the furthest and make the biggest bucks in scamming people,” commented Smith.
Is it really possible to pull the wool over people’s eyes, take them for mega bucks and keep doing it for years? Yes, it is possible, and it’s possible because people have not done true due diligence in checking out the investment opportunity. They have relied instead on that illusive word of mouth from others and a person’s reputation. They have not checked into any details in any depth, and this is how people get ripped off.
“While people don’t like to question those that appear to be in the know, be successful and may even be a friend, it’s in their own best financial interests to check, check, check and check again,” added Smith, who has handled some interesting stock fraud cases in his years of practice. “You need to protect your ‘own’ interests first and if that means the person who is offering you a ‘great deal’ stops talking to you, you may just be better off,” he said.
Relying on mere trust without checking is precisely how Ponzi schemes get going and stay flourishing until the roof falls in one day. “Put another way, the person who unwittingly gets back his principal investment (from newer clients) as their ‘return on their investment’ just sets the person up to be a sitting duck who unintentionally may supply other victims to the scammer,” outlined Smith.
“Here’s one thing that you might want to watch out for if you’re planning on dealing with an independent investment advisor. First off find out if the advisor’s independent accounting firm is an obscure, ‘who in the heck knows who they are’ kind of firm,” recommended Smith.
If the investment advisor someone is working with keeps custody of client assets (money), that means they “must” have independent audits and unannounced audits by the SEC. If the advisor isn’t keeping the assets, but a group does, the client has statements to verify what is going on. In the Madoff case, the accounting firm was a “who in the heck are they” kind of firm. Red flag number one.
There are other areas to check as well, including the answers to the advisor’s ADV on the SEC site.
Analyze them carefully, because quite often there are clues sprinkled in the answers that will tip someone off that all is not as it appears to be. “When in doubt, speak to an attorney who handles cases like this and have them check the information out. It could save you a whole lot of economic grief,” stated Smith.
Learn more by visiting http://www.Arkansaslawhelp.com
Michael G. Smith is an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas.
The post Stock Fraud Nails Many first appeared on SEONewsWire.net.]]>It goes without saying that if someone is driving a school bus, they have a duty of care to pay attention to what they are doing at all times. They are hauling a lot of potential victims should they become involved in a crash like the one in this case.
No one is quite sure why the bus driver in this instance left his school bus in neutral, other than his own comment later that he forgot it was in neutral. What happened here is that a woman was struck head-on as she was waiting for the school bus to proceed forward just after it let some students off.
The bus driver said he’d had problems with shifting the bus into drive after dropping off a physically handicapped student. At that time, the school bus doors were not closed. He radioed for help to the dispatcher while putting the bus in neutral. The dispatcher told the driver what he needed to do to move the bus forward, and that was make sure the doors were closed first.
The bus driver made sure the doors were closed, but didn’t remember he was in neutral. The end result was colliding with another motorist, who was taken to a local hospital for treatment for her injuries. The rest of the students on the bus were not hurt.
“The first thing that comes to mind here is that the driver of the bus obviously did not have enough experience to be driving a school bus. Whether that means he didn’t have adequate training, which could be inferred from him not knowing how the bus moved forward, or was driving a bus he wasn’t familiar with, the results were an accident that could have been worse than it was,” outlined Michael G. Smith, an Arkansas injury lawyer, practicing personal injury law in Little Rock Arkansas.
“As it stands, the woman who was hit has what appears to be a good case to file a personal injury lawsuit to recover, among other things, any medical expenses associated with her injuries and any damages relating to her car,” added Smith, and Arkansas accident lawyer.
As for the school bus driver, until a further investigation is completed, it may not be clear if forgetting the bus was in neutral was his only transgression. He may have been listening to an MP3, texting while waiting for dispatch to respond or even reading a school bus manual. “Whatever the case may be, there is a good chance he will be found responsible for the woman’s personal injuries,” indicated Smith.
In cases like this, it may be that the motorist was not badly hurt – or at least, that is the way things may ‘look’ on the surface,” explained Arkansas accident lawyer Michael Smith. “However, minor injuries have a way of developing into something much more serious later. This is one good reason to talk to a personal injury lawyer if you have been involved in an accident,” he commented.
Learn more by visiting http://www.Arkansaslawhelp.com
The post The Bus Was in Neutral When It Injured Another Motorist first appeared on SEONewsWire.net.]]>Traffic signs are put in place for obvious reasons. Those who fail to pay attention to those signs are running a very real risk of serious injury or death, as this case that we heard about demonstrates. A big rig driver blew a stop sign and because he did, he was involved in a crash with another semi and a minivan. The driver of the minivan was killed.
This accident happened when the driver of a tractor-trailer unit didn’t obey a stop sign at a road connecting with a highway. Just as he was sweeping onto the highway, he broadsided another 18-wheeler. The impact was so forceful that one rig was shoved into the northbound lane where it hit a minivan.
The driver of the van was virtually crushed into his vehicle like a sardine in a tin and the Jaws of Life had to be used to extricate him. Unfortunately, his injuries were so severe he died at the scene of the accident. As an Arkansas accident lawyer, we see cases like this quite often. They are never easy for the family and the shock of losing someone they loved is monumental.
Evidently, the drivers of the two big rigs were not badly hurt and managed to walk away from the scene with minor injuries. While the police report indicated that they didn’t believe drugs or alcohol were factors in this accident, there would be a full investigation to determine why the first trucker went through a stop sign.
On the face of this case, the trucker who went through a stop sign will likely be cited for failure to obey traffic signs and possibly speeding and driving while distracted. While there was no mention of a cell phone or laptop in the police report, it doesn’t mean the trucker wasn’t on his cell phone either talking or texting when he ignored the stop sign.
He may also have been hunting for a map, watching a movie on his laptop or picking something up off the floor. There may also be the possibility he was under the influence of prescription drugs or had been driving too long and was exhausted. If any of these scenarios is the case, the family of the minivan driver will have a good case to file for a wrongful death lawsuit with an Arkansas accident lawyer.
In cases like this, it is best to discuss all options with a skilled personal injury lawyer with extensive experience handling 18-wheeler accidents. There are usually a number of things that need to be done right away, not the least of which is to preserve evidence, gather reports, pictures and medical records. Time is truly the enemy in crashes involving 18-wheelers, so don’t wait to speak to an Arkansas accident lawyer to find out what your rights are and what to expect if you have a viable case.
Michael G. Smith is an Arkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
The post Big Rig Blows Stop Sign first appeared on SEONewsWire.net.]]>The intention is that wounded vets get more support, as well as their caregivers (that includes family or others). Of note is a provision that expands care for female veterans (over 1.8 million), one that offers improved mental health services and one that provides increased access to health care for veterans living in rural parts of the US.
This type of legislation has been a long time coming and it is hoped it will make an enormous difference in the lives of those who volunteered to fight for their country; its right, its freedoms and its sovereignty. Many vets are hard pressed to get the help they need when they return from war zones.
Unfortunately, many veterans are injured in ways that cannot be “seen” – post traumatic stress disorder, traumatic brain injury, anxiety, etc. – and because no one can “see” their injuries, they are often shuffled around from pillar to post without getting the medical help they need. Filing for disability is typically a major undertaking. Many times veteran’s claims are denied and often it is many months, if not years, before a claim is resolved.
Statistics relating to veteran’s care indicate that at least 21% of active duty, 24% of retired or separated service members and 15% of those in the reserves are being cared for by a friend or family member who had to quit their job to care for them full-time. The Caregivers Act offers these caregivers assistance and support to handle the stress (mental health services and counseling) of caring for a disabled vet, as well as respite care for families and other caregivers. This new legislation’s intent is to provide health care and a service stipend for caregivers living with wounded vets from the Afghanistan and Iraq conflicts.
Many laws have been passed to help vets, all with seemingly good intentions. Unfortunately, most were ultimately watered down to the point of being completely ineffective by the courts’ interpretations. Only time will tell whether or not this new Act will accomplish what it says it intends to accomplish.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
The post Bill to Improve Veteran’s Health Services first appeared on SEONewsWire.net.]]>