Articles Posted in Personal Injury

House Bill 1215 is currently pending in congress. The bill has been shadowed by hundreds of more pending bills, and now it’s time to shed some light on it. If passed, house Bill 1215 essentially will create immaculate obstacles for people who seek to hold health care professionals accountable for medical negligence, also known as medical malpractice. Although many states have already imposed certain limits on what damages can be sought, the bill goes beyond these laws and will set forth draconian limits on the lawsuits filed by victims all over the country.

Misleadingly, albeit cleverly, named Protecting Access to Care Act of 2017, would force a maximum limit of $250,000 for non-economic damages such as emotional anguish, stress, or pain and suffering. Supporters of the claim say these limits will prevent frivolous lawsuits. Those against the bill say it affects malpractice victims whose damages exceed the limits; unfortunately these often include those who have suffered the most. Furthermore, the cap could be devastating for children, women, elderly, and people with a disability.

House Bill 1215 also includes a statute of limitations for lawsuits involving medical malpractice. If passed, most patients will have one year from the time of discovery to file a suit. Joanne Doroshow, the executive director of the Center for Justice and Democracy, says “almost no state has a statute of limitations that severe.” During this year period, victims will also have to overcome numerous hurdles including getting an affidavit from expert witnesses who meet very strict requirements. In other words, the bill clearly states that only a doctor practicing or teaching in the same state or neighboring state can act as an expert witness. The court will be able to waive this if witnesses would “otherwise not be available.”

The U.S. Supreme Court has told GM that it will have to face the potentially billions of dollars in multiple legal claims after installing a deadly ignition switch in their cars. GM argues they were ‘free and clear’ of liability and use their 2009 bankruptcy sale as an appeal.

The justices overseeing the issue left no comment in the federal court appeals ruling which stated any accord of bankruptcy would not protect GM from accidents, and any following claims, that happened before the sale. Lawyers of plaintiffs estimate current claims total for nearly $10 billion dollars. This number could increase should there be more lawsuits to follow.

This ruling is another setback for Mary Barra, the GM Chief Executive Officer. She has already experienced woes within the company. In her first year, her role as CEO was heavily occupied by the ignition defect which is directly associated with at least 124 deaths and recalls of 2.59 million cars. One financial analyst says there is a finite risk which will require GM to reconsider buying back stock or paying out its

In 2015, a baby boy only known as ‘Baby Doe’ was born addicted to opioid painkillers. His first few days of life were spent in an agonizing withdrawal in the neo natal unit. Three Tennessee prosecutors and the baby’s guardian have teamed up together and filed a lawsuit against several manufacturers of opioid painkillers. The prosecutors claim the drug companies used deceptive marketing tactics which ultimately downplayed the risks of developing an addiction to opioid medications.

Filed in June, at the Sullivan County Circuit Court in Kingsport, Tennessee, the infant boy who was the driving push behind the suit is known to have survived his battle. The extent of impact which the addiction had on his health is yet unknown.

The futuristic dream of self driving cars could be a reality sooner than many people realize. In fact self driving cars already exist. Companies like Google and Tesla have cars that are nearly autonomous and lack a steering wheel or foot pedals. They could revolutionize the idea of driving, reduce the number of accidents or decrease traffic jams. That’s if the legal concerns encompassing them don’t slow down their full public release.

Self driving cars have added complications to the current legal definition of “driver”, and this has made it difficult to identify the at-fault party. Is it the manufacturer of the car? The software provider whose technology is used in the car? The human driver?

A bill has been filed in the Tennessee General Assembly that would make drivers immune from any civil liability if they hit and injure a protester who is blocking the road. The proposed bill was filed in early February by Sen. Bill Ketron, R-Murfreesboro, and reads:

“A person driving an automobile who is exercising due care and injures another person who is participating in a protest or demonstration and is blocking traffic in a public right of way is immune from civil liability for such injury.”

According to the bill, if the driver intentionally hit the protester or did not exercise due care, they are not immune to being sued in a civil court. This bill is one of many that have been filed nationwide; each specifies similar protection for drivers, and targets protestors. Other proposed bills have been filed that would hold protestors financially liable for causing law enforcement officials to work overtime; thereby, leading to millions of dollars in overtime pay.
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In February 2016 Playboy model and ‘Queen of Snapchat’, Katie May, died after visiting a chiropractor for a neck adjustment. Earlier in the week Ms. May had fallen during a photo shoot and injured her neck. She believed to have pinched a nerve and sought the help of a chiropractor on a Friday morning. By Monday, after a weekend of extreme pain, she suffered a stroke. The mother of one remained on life support until Thursday in which she was tragically proclaimed as being ‘brain dead’.

The incident left many to wonder how the 34 year old suffered a stroke, something which tends to be more common in older people over the age of 60. According to the L.A. County Coroner, the neck adjustment tore a major artery in Katie May’s neck. This led to the cutting of the blood supply, and eventually caused a stroke.

Can Chiropractic Adjustments Cause a Stroke?

We’re all guilty of checking our cell phones for messages, missed calls and social media updates while driving. As tempting as this action can be, it’s one which comes with a lot of risk. Recently, The National Safety Council has found that as many as two in three drivers pulling into shopping centers, parking garages, and parking lots are distracted. And further, that one in five accidents happens while in these locations.

Parking Lot Accidents Account for 1 in 5 Collisions

Deadly Accidents in Parking Lots

The leading culprit for such collisions is cell phones. One researcher involved in the study says many people understand the risks associated with using a phone while on a highway or busy road. But in a parking lot, they’re going much slower and this speed offers a “false sense of security.” It’s true that a driver’s speed is significantly less than main roads; even so, the consequences have proven to be deadly.

The November 22 Tennessee bus accident which left 6 children dead and critically injured 23 more has impacted every family within the state. Now, families of the children who lost their lives have discovered they can receive no more than $750,000 in personal damages.

Modifications to the Tennessee tort reform law in 2011 limited payouts in any personal injury claim against doctors and other relevant businesses. This law, says Tennessee bus accident lawyers, will likely apply to the families considering a civil lawsuit against the Durham School Services and district. The driver of the bus, 24 year old Johnthony Walker, lost control crashing into a tree and telephone pole. Chattanooga police have said Mr. Walker has been charged with six counts of vehicular homicide, reckless endangerment and reckless driving.

Mr. John Robert Williams Jr., was recently awarded 3.4 million dollars in a jury trial. A crane operator, he had filed a lawsuit after suffering a severe brain injury and becoming blind. This construction accident occurred when he was operating a crane in tandem with another crane operator. At the time, they were working to move a ship’s bow. Following orders, he stopped his crane while the other crane continued to operate. Immediately his crane began to tip and he had to go about trying to right it. Unfortunately, what happened next led to lifelong injuries.

The 18,000 pound counterweights flew up and hit his cab. This propelled him out of the cab and threw him onto the ground where he landed with such force that he suffered a brain injury and became blind. This tragic accident did not need to occur.

The lawsuit claimed, and a jury agreed, that the crane manufacturer, Manitowoc Cranes LLC in Wisconsin, was to blame because proper warning was not given about how the counterweights could come loose and hit the cab. With no warning, Mr. Williams was unaware of the danger to his life and the need to escape the cab quickly. If he had been warned, he could have jumped out of the cab prior to becoming hit by the counterweights.

Alongside military service, being part of a jury is considered to be one of the most important civil responsibilities of an adult American citizen. The U.S. legal system is founded upon multiple rights including that of the right to a trial by jury. Found in the Bill of Rights and the Seventh Amendment to the United States Constitution, this right is a primary difference between the American legal systems and those of other countries. A trial by jury compromises of 12 ordinary citizens (sometimes less) who are obliged to show up for jury duty and serve on a jury in civil or criminal.

Serving on a jury is an incredible opportunity to participate in the legal process of governance, and to better understand how things work. Unlike having the choice to vote, jury duty is mandatory rather than discretionary. It’s understandable to have concerns when you’re summoned for jury duty. You may even wonder how you can get out of it. Although jury duty could impose a heavy burden upon your life, it’s recommended to put forth your best effort when served. For when you fulfill this civil duty, you may be appreciated with gratitude from the court system and government as a whole. Moreover, you may walk away from the final day of jury duty with an enlightening sense of legal knowledge and a regard for the rights of the American people.

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