Category Archives: Uncategorized

Health Conditions That Fibromyalgia Is Misdiagnosed for

Medical Negligence Lawyer

Fibromyalgia is a chronic health condition of the central nervous system that causes widespread pain. Common symptoms of this condition include fatigue, sleep troubles, pain in the abdomen, muscles and neck and cognitive difficulties. Unfortunately, fibromyalgia shares symptoms with many other health conditions. That’s why it gets misdiagnosed so frequently. Here are some of the common health conditions fibromyalgia gets misdiagnosed for:

Lupus

Lupus is an autoimmune disorder that causes the immune system to attack its own tissues. The condition can damage many areas of the body and shares several symptoms with fibromyalgia, like fatigue, muscle pain and difficulty sleeping. However, other signs of lupus are much different than fibromyalgia. If you have lupus, you might experience a rash across your face, difficulty breathing and even heart issues. Doctors often conduct blood tests to measure a patient’s level of antinuclear bodies to determine if they have lupus or not.

Arthritis

Fibromyalgia also frequently gets diagnosed as arthritis because arthritis also causes widespread pain and fatigue. However, the two conditions are very different. Even though fibromyalgia causes pain, it doesn’t lead to tissue inflammation or harm the body’s joints like arthritis does. 

Chronic Fatigue Syndrome

Just like the name suggests, chronic fatigue syndrome causes excessive tiredness. It also leads to memory loss and muscle and joint pain, which are also symptoms of fibromyalgia. That’s why doctors sometimes misdiagnosed fibromyalgia for chronic fatigue syndrome. 

Multiple Sclerosis

Fibromyalgia and multiple sclerosis are two very different health conditions, but they often get misdiagnosed for the other. This is often because both conditions cause chronic pain all over the body. However, symptoms of multiple sclerosis that are different from fibromyalgia include blurred vision, slurred speech and difficulty walking. 

Hypothyroidism 

Hypothyroidism results from a very low amount of activity in the thyroid and can lead to low energy, slow heart rate, weight gain and depression. Many of these symptoms are similar to the symptoms of fibromyalgia, so it can be difficult to differentiate between the two. Doctors can conduct blood tests to check if thyroid levels are normal or not.

Depression

Fibromyalgia can often lead to depression because the condition is so difficult to live with. However, the symptoms of these two diseases can overlap. Depression can cause you to have memory problems, just like fibromyalgia can.

Consulting With a Medical Malpractice Attorney

If you have received a misdiagnosis because of a doctor’s carelessness, you may be entitled to compensation. It’s important to speak to an experienced medical malpractice attorney in Phoenix, AZ about your case as soon as possible.

 


 

Thanks to Rispoli Law, PLLC for their insight into medical malpractice and conditions fibromyalgia is more commonly misdiagnosed for..

What Are Punitive Damages?

Personal Injury Lawyer

Anyone who hopes to file a personal injury lawsuit needs to understand the different types of damages. This is essentially how it is determined how much the defendant will owe you if you win the case. You may have heard about something called punitive damages. This is the most unusual type of damages, especially in personal injury cases. This guide will explain exactly what punitive damages are, as well as the other two types of damages.

What Are Punitive Damages?

Punitive damages are unique because they are not actually a type of compensation. Usually, the defendant has to pay the plaintiff the amount of money that he or she lost due to the injury. Punitive damages are unrelated to this financial loss. Instead, punitive damages are meant to punish the defendant.

If the injury was an accident, then chances are high that the defendant does not need to be punished. It is very uncommon for punitive damages to be assigned in personal injury cases. However, it does still happen. If the defendant was acting maliciously, then punitive damages may be assigned. However, if this is the case, then a criminal case should be filed, rather than a personal injury case. Punitive damages may also be assigned if the defendant is found to have acted especially irresponsibly. For example, if the defendant was driving while drunk, punitive damages may be assigned.

Other Types of Damages

There are two other types of damages:

  • Special compensatory damages
  • General compensatory damages

Both of these types of damages are types of compensation. Special compensatory damages relate to losses with an objective monetary value. Hospital bills have an exact value, which means they fall into this category. Special compensatory damages often include the purchase of medicine and the loss of wages from missed work.

General compensatory damages are essentially the opposite of special compensatory damages. It includes every loss that does not have an objective monetary value. This can include physical pain, emotional trauma, loss of ability, or even things like divorce. If you suffered that was not financial in nature, then it falls into this category and you can still be compensated for it. It is up to the judge to decide exactly how much the loss is worth. For example, the judge may decide that a painful medical procedure you had to endure because of the injury is worth $500. A catastrophic injury lawyer in Trenton, NJ will be able to tell you what kinds of damages are most likely for your case.

 


 

Thanks to Davis & Brusca for their insight into personal injury claims and punitive damages.

Am I Partially at Fault for My Pedestrian Accident?

Pedestrian Accident Lawyer

Pedestrian accidents are often very serious. Most people think that the pedestrian has the right of way, so it’s usually thought that the driver of the vehicle is responsible for the pedestrian’s medical bills. Legally, it’s a little more complicated than that. Determining fault for an accident isn’t always cut and dried. The insurance adjuster will look at every detail of the accident to determine which person was at fault for the accident and who should pay for the damages. If the pedestrian is found to be at fault, the driver might actually be able to sue the person who was walking.

How Could a Pedestrian Cause an Accident?

Drivers are responsible for watching out for hazards. A pedestrian is a hazard on the road, but sometimes pedestrians put themselves in bad positions. Pedestrians who jaywalk or cross outside of a crosswalk and get hit by a car could be partially responsible for the accident. Many times, pedestrians are held partially at fault when they walk along a street or highway while intoxicated. If you walk where pedestrian access is prohibited, the insurance company may find you partially at fault for an accident.

In some places, even if the pedestrian bears some blame in the accident, it’s likely that the driver also was to blame. If both parties share liability, state law determines how medical bills are paid. If your state has a comparative negligence law, the injured person can receive compensation from the other party. The injured person’s damages are reduced by a percentage that is equal to the amount of fault that is their share. For example, you, the pedestrian, was found to be 25% at fault for the accident and were awarded $10,000 in damages. Your settlement would be reduced by 25% or 42,500. You would only receive $7,500. In some jurisdictions, the person recovering damages must be less than 50% at fault for the accident.

In a handful of jurisdictions, they go by contributory negligence. If you are found to be at fault for any of the accident, you cannot collect any damages in court. Only a few states use this rule, Alabama, Maryland and Virginia are three that do.

Personal Injury Cases Are Complex

If you’ve been injured in a pedestrian accident, you may want to contact a lawyer who can help you assess your situation based on the negligence laws in your state. Most personal injury attorneys offer a free consultation. Call an experienced car accident lawyer in Tarzana, CA to get more information.

 


 

Thanks to Barry P. Goldberg for their insight into personal injury cases and pedestrian accidents.

How Insurance Fits in With a Personal Injury Case

Personal Injury Lawyer Salt Lake City, Utah

When injured, your very top priority should always be to receive the medical attention you need. Injuries can be very serious, so the last thing on your mind will be filing a personal injury lawsuit. However, after receiving medical care, you will need to know if you can still file a lawsuit after receiving coverage through your insurance policy. This is a matter you should fully understand before an injury ever happens. There are three matters to consider:

  1. Subrogation

Most health insurance policies have a subrogation clause. This basically just means that any winnings from a personal injury suit will be used to repay the insurance company. This is actually quite reasonable, if you think about it. If you kept 100% of the winnings, it would be like you were paid twice: once by the defendant and once by the insurance company. Both a lawsuit and an insurance policy aim to return you to the financial state you were in prior to the injury, rather than for you to profit from it.

If you receive any compensation for pain and suffering in the lawsuit, this amount will not be used to repay the insurance company.

  1. Adjustments

Insurance companies often get price adjustments for medical procedures. For example, a specialized surgery that normally costs $10,000 may only cost $5,000 for an insurance company that has a deal with the hospital. This may be confusing for you to know how much to claim in your personal injury suit. The ruling is that insurance adjustments do not affect claims in lawsuits. So in this scenario, you would still claim the full $10,000 in a personal injury suit. Additionally, if you won your lawsuit, the defendant would be responsible for paying the full $10,000.

  1. Your Rates

The final matter for you to consider is your rates. If you make use of your health insurance policy, then your rates will likely increase. Even if you file a personal injury lawsuit, win, and repay the amount to your insurance provider, your rates still may increase. This means that you have the option to forego reporting your injury to your insurance provider and rely solely on your lawsuit to pay your medical bills. This may avoid having your rates increase, but it is also very risky. If you lose your lawsuit, then you will have no way to recovering any amount of compensation and will have to pay your medical bills entirely out of pocket. This is a matter you should contemplate on carefully and discuss with your personal injury lawyer in Salt Lake City, Utah from Rasmussen & Miner.

Does Heavy Debt Mean You Must File for Bankruptcy?

Personal Injury Lawyer

Money problems are a part of life for many people. To stay afloat financially, it’s common for consumers to go into debt. This doesn’t mean it’s bad to finance everything. Most buyers can’t get into a new home without taking out a mortgage. Students face high tuition costs and often can’t pay without loans. Likewise, a lot of shoppers can’t buy new or even used cars without financing the vehicles. Credit cards and other consumer accounts are often the culprits. If your debts are causing you stress, and if it looks like there’s no way out, bankruptcy could be an option. This doesn’t mean it’s the only option.

Reasons to File Bankruptcy

People may file for bankruptcy either by choice or because of a court order to do so. It’s always better to be in the former group. To determine whether you should think seriously about filing, assess your finances. Tally up all of your obligations and total monthly payments on installments, credit cards and other loans. If you are getting behind and can only make the minimum payments at best, it may be worth it to explore bankruptcy.

Next Steps

When it’s clear that your debt has gotten out of control, start adding up your assets. This will help you see whether property and possessions would be enough to pay off your debts. While bankruptcy can offer a fresh start and wipe out debt, it doesn’t happen without some sacrifice on your part. You may have to part with your home, cars and other belongings in order to take care of your outstanding obligations. You should also speak to an experienced bankruptcy law firm in Memphis, TN about your plans. Don’t ever proceed with a bankruptcy without first consulting a lawyer. This professional can offer additional guidance and give you a snapshot of what to expect in this process. Your attorney can help you file the necessary paperwork and take you through each step more smoothly.

Alternatives

It may seem as though your debts are too high and that there’s no way to pay them off. Through deeper evaluation, maybe some other strategies could work instead of filing for bankruptcy. Speak to a financial adviser and determine whether you can take care of debts in other ways. Perhaps a second job would help you get back on track. Maybe you just need to adjust your spending habits. Do rush into a decision before evaluating all avenues.

Heavy debt can cause you to lose sleep at night, but there are solutions. Bankruptcy could be an important way to start over and have peace of mind.

 


 

Thanks to Darrell Castle & Associates, PLLC for their insight into bankruptcy law and heavy debt.

New York Takes Steps to Decriminalize Prostitution

Criminal Defense Lawyer

Law makers in the state of New York are presenting a general bill to decriminalize prostitution in the state. Right now, it is vague how this would look like, but the idea is to cease treating sex workers as criminals. The bill would make selling and buying sex legal under specific circumstances. And push to provide safer working conditions for sex workers. Currently, Nevada is the only state in the United States where prostitution is legal under certain circumstances. In the world, there are places where huge corporations came from prostitution, other countries have strict enforcement towards illegal prostitution.

New York is home to many corporate headquarters, but could it become a home to a new business in the sex industry? A prostitution offense, if convicted, is classified as a misdemeanor with a fine up to $500 and/or up to 3 months in jail. Prostitution is defined as committing sexual activity for money. These activities can range from intercourse between people, buying and selling of photographs that display intimate body parts. Some are against prostitution because of society stigma, others see it as a business. In Germany, this business is booming.

In 2002, Germany legalized prostitution, then a company known as Paradise emerged. This franchise is growing with 5 branches and 3 more under way. Germany did not create this business instead it provided appropriate ground for it to flourish. The laws that were put into place were to treat prostitution like a regular job, where those employees can rightfully sue for payment and register for health insurance. Exploiting prostitution is still a criminal offense and sex trafficking is still considered a serious offense. What Germany did is give these sex workers rights and a voice in the legal system.

However, there are other countries were prostitution is illegal and highly enforced. In Egypt, when caught in the act of prostitution, it is the prostitute who will face the heavy legal consequences. Also, there are concerns that legalizing prostitution will increase sex trafficking and the possibility pimps will not face legal penalties. Today, through modern communications such as social media and emails, scams of human trafficking are increasing all over the world. Which is a concern for law makers in New York are voicing towards this bill.

In New York, law makers are pushing to give sex workers better working conditions as a normal employee. Others bring the concern as a possible gateway for increase in human trafficking. All eyes, including those of an Arlington, TX criminal defense lawyer, are on the New York law makers and what they will do next.

 


 

Thanks to Brandy Austin Law Firm, PLLC for their insight into criminal defense and New York’s prostitution law.

I’ve Fallen – Can I Sue the Government When I Get Up?

Personal Injury Lawyer

In a litigious society such as ours, it seems unbelievable that there is any person or entity that can’t be sued. However, there is something known in common law as sovereign immunity. Basically, it says that the government cannot be sued without its consent. It is a very old doctrine derived from British law created to protect monarchies and it applies to all governments except municipalities. But the answer to the question of whether a government can be sued is not an easy answer. Surprisingly, the answer is, “It depends.” In 1946, the Federal Tort Claims Act was passed. It allows private citizens to sue a representative acting on behalf of the US government in federal court.

Personal Injury

You are pulling into the intersection on a green light when, seemingly out of nowhere, a mail truck runs the red light and crashes into you. Under the FTCA, even though the US Postal Service is a government office, you may be able to seek damages in federal court for injury, property loss and wrongful death due to negligence. If you are hit by a postal worker who is in his personal vehicle and not acting as an agent of the government office at that time, then you would not have a case against the government, but instead against the postal worker as a private citizen. Even though you may have a case to sue the government, it is not an easy process. You must first file a Notice of Claim within 2 years of the incident. The agency has a right to take 6 months to issue a ruling. If you have a compelling case, they may come back and offer you compensation without having to go to court. On the other hand, they may deny the claim. At that point, you may proceed to a lawsuit as long as it is within 6 months of the date the ruling was mailed to you.

Rights Violation

If you feel that your civil rights have been violated, you may have reason to file a Section 1983 claim. Examples of civil rights violations are retaliatory firing, false arrest, violation of due process or excessive force by police officers. A Section 1982 claim must be filed within 180 days of the incident.

Contact a personal injury lawyer in Trenton, NJ if you feel you’ve suffered a loss attributable to an employee of the government while acting within the scope of their job.

 


 

Thanks to Davis & Brusca for their insight into personal injury claims and slip and fall injuries.

What Happens When a Pedestrian is Hit by a Drunk Driver?

Pedestrian Accident Lawyer Salt Lake City, UT

A car accident is a terrifying experience. When two vehicles collide it is scary, however, when a car collides with a pedestrian, the damage is disastrous. There are no doors or walls to protect you from a multi-thousand pound car hitting you at a high speed. If the driver of the car turns out to be drinking, the typical confusion and chaos that ensues after a normal car accident turns into betrayal and rage. If you have been hit by a car as a pedestrian, you deserve to be compensated for your injuries. In order to receive fair compensation, the drunk driver needs to be held responsible. It is important to know what your different options are if you were to be hit by a drunk driver and when you should contact a personal injury lawyer to help you receive compensation. 

Proving Fault

More than one million people are arrest for driving while under the influence of drugs or alcohol each year and more than 30% of deaths from car accidents involve drunk driving. Drunk driving is a serious issue on the roads. In order for you to receive compensation for getting injured means that you need to prove the drunk driver was acting negligently. It may sound easy to prove someone driving drunk was acting with negligence, however, it can still be difficult in some situations. 

The first step is that you will need to to show that the driver was acting in a way that was different than any other reasonable person would, which means they were violating their responsibility of driving the car safely. Driving while intoxicated qualifies as violating their responsibility, as it is the definition of violating a duty of care and acting irresponsibly. 

Once that has been proven, you will need to show that the driver’s irresponsible actions caused the accident which caused your injury. This can be more difficult to do and often requires an experienced personal injury lawyer. 

Types of Charges

A drunk driving case becomes more difficult because there are usually criminal charges associated with the case. Anyone driving under the influence can receive jail time, lose their license, and be fined thousands of dollars. However, none of this is related to your injuries. In addition to their criminal charges, you will also need to file a civil suit to try and receive compensation for the accident. 

Receiving Compensation

You are able to collect damages for your medical bills, any lost wages or potential future earnings, loss of quality of life, pain and suffering, and even punitive damages against the drunk driver. 

Why Contact a Personal Injury Lawyer

If you have been in a car accident, it is unlikely the at-fault driver’s insurance company will just pay out your claim. More likely they will try and fight to show that their client was not responsible or even saying that you are not as injured as you claim. By working with a personal injury lawyer, we will defend your rights and show that you are in the victim in the accident. Working with a pedestrian accident lawyer in Salt Lake City, UT from Rasmussen & Miner has a higher chance of allowing you to recoup significant compensation after your accident. 

What Can I Do If a Drunk Driver Caused a Car Crash?

DUI Lawyer Salt Lake City, UT

Driving while under the influence of alcohol is a risky thing to do, as a car crash can easily unfold due to not being in a sober state of mind. Drinking can impair our decision making process and motor functions, to where we are unable to operate a vehicle safely. It is fairly common for victims who were hit by a drunk driver, to consider their legal options to recover financially from the accident. In the aftermath of such a collision, the victim driver may have to deal with painful injuries, losing money from missing work, and a drained savings account to pay for a new car. 

It isn’t fair that an innocent driver who just happened to be on the road at the time suffered due to the carelessness of someone else. When meeting with a lawyer about filing a lawsuit against the drunk driver, the driver may ask questions such as: 

Q: How do I even get started filing a civil lawsuit?

A: Legal matters can be vastly complex and difficult to begin on one’s own. It may be best to get help from a lawyer from the very beginning. A lawyer is likely to suggest that you gather as much information about the accident as you can in preparation of the lawsuit. Documents that can be helpful for your lawsuit include:

  • The drunk driver’s details (name, address, phone number, insurance carrier, policy number, driver’s license number, vehicle make/model/year)
  • Copy of the police report the officer took at the scene (you can probably obtain a copy of this from your nearby law enforcement office)
  • Witness names and contact information 
  • Photographs of the scene, including visible injuries and vehicle damages
  • Copies of medical documents (doctor evaluation, treatment plan, prescription medication, hospital bills, diagnostics, ambulance ride)

Q: What evidence can be most influential to my case?

A: When it comes to your insurance company, evidence related to the accident can be helpful to show that it even happened. The police report, the drunk driver’s information, and photographs may be what your insurance company needs to process the claim. In regards to a civil lawsuit, documents that reflect the severity of your injuries along with the medical bill receipts can be helpful in getting the compensation you need to overcome the setback. 

Q: Should I be nervous to ask witnesses for their information?

A: In the moment of the car accident, it can feel odd to approach a witness for their contact information. A person who had come over to help and make sure everyone was okay from the collision, may be more than willing to provide a statement for you. But, you do not have to get a statement from them right away, as things may be too stressful to do so. If you are more comfortable, you can always ask your lawyer for help talking with witnesses. A DUI lawyer in Salt Lake City, UT from Rasmussen & Miner who is advocating for your behalf in the civil lawsuit knows what questions to ask the witness, to figure out if their perception of what happened can support your case. 

The 4 Steps to Take If a Drunk Driver Hit You On the Road

Personal Injury Lawyer Salt Lake City, UT

If a drunk driver causes a terrible accident to unfold, he or she may face criminal consequences. The driver may also be liable for injuries and damages to your vehicle that resulted due to the crash. If you see the driver get out of his or her vehicle and is slurring words, stumbling, or otherwise appearing intoxicated, call 911 right away for help. Those who want to take legal action against the driver for such irresponsible behavior, can consult with a lawyer in their area for advice on filing a civil lawsuit for compensation. 

#1 Always Call the Police

If the driver is drunk, he or she may try to convince you to not call the police. However, by contacting law enforcement you are guaranteeing that the incident is documented. The officer will take a report of what happened, which can be used as proof for your insurance company and during the lawsuit. This document can be crucial when submitting an insurance claim or seeking compensation from the driver who hit you. By not calling the police, you could be risking that driver causing another accident, and lose your chances of being able to recover damages. 

#2 Providing a Statement

For the officer’s report, you may be asked to explain what happened from your perspective. If the officer asks if you are hurt, do not say no — you may have adrenaline flooding your body which can mask injuries until a later time. Just because you are not in pain now, does not mean you won’t be hours or days after. Before leaving, ask the officer for an accident claim number so you can get a copy of the report at your local law enforcement office. 

#3 Gather Information at the Scene

Take photographs of visible injuries, vehicle damages, broken glass, street signs and anything else that captures the scene of the accident. If there are witnesses nearby, ask if they are willing to give you their contact information for a potential statement. Your lawyer who assists you with the lawsuit can follow up with these witnesses for an official statement of the accident. If you are not comfortable exchanging information with the drunk driver, the officer can do this for you upon arrival. 

Prompt Medical Care

As stated above, you may not know whether you have sustained injuries right away. So, it may be best to just get a medical evaluation to see if you have any serious injuries that require treatment. An ambulance may show up to the scene once police have been called. It is highly recommended that you do not refuse medical treatment. The medical team can evaluate you and try to uncover potential injuries before they worsen and start to surface later on. An injury that does not receive medical care may develop into a chronic condition. Any victim in a car accident who was hit by a drunk driver, may want to not only seek medical attention immediately, but an experienced personal injury lawyer in Salt Lake City, UT  from Rasmussen & Miner for guidance too.