Sturgis Rally Motorcycle Injuries

Posted by on Sep 12, 2017 in Car Accidents | 0 comments

When you buy a motorcycle, you become a member of a family of riders all over the country. Biker culture is fascinating and is a uniquely American phenomenon. One of the reasons the bond between bikers is so strong is because it is well known that operating a motorcycle is dangerous. Lacking the safety features of a standard car, even the smallest crash can be fatal. When almost half a million riders come together, the dangers escalate even further, and it is important that everyone be aware that they are not the only riders on the road.

Last month, during the first week of August, bikers and motorcyclist enthusiasts from all over the Midwest came together for ten days of festivities at the Sturgis Motorcycle Rally in Sturgis, South Dakota. This event brings in crazy numbers: over 700,000 people attended in 2015 alone, and $800 million dollars of revenue was brought in. According to an article in the Milwaukee Sentinel Journal, there have been more crashes this year than in 2016, including one fatality. Authorities from South Dakota report that there have been double the number of crashes resulting in injuries than there was last year, a total of 24. The fatality occurred when a man from Utah crossed the center line on a highway and hit a semi truck. There have been plenty of other arrests, as well. There were 44 misdemeanor drug offenses, as well as seven felony ones, which is down from last year’s 53 misdemeanors and 14 felonies. DUI arrest numbers are similar to last year as well, clocking in at 49. The article goes on to document every single one of the crashes reported so far, most of them involving motorcycles.

Of course, this article was only published on August 7th, before the festivities had even ended. The statistics in the article are meant to reflect the numbers at the same point in time during the festival last year. Because of this, the number of accidents and arrests is likely higher than the numbers quoted here. It is only natural that when that many people come together for so many days, there are bound to be higher rates of accidents and arrests. Considering the sheer size of the event, it is difficult to police the entire area and make sure the number of accidents remains low. Considering how much money this event brings in, it might be a good idea to allocate a good portion of that to ensure the safety of the attendees.

Even though the fatality that occurred during the Sturgis Rally was not a result of a motorcycle collision, bikers are still the most vulnerable drivers on the road. There are a number of personal injury lawyers in the midwest that can handle motorcycle accidents and make sure that other drivers pay for their reckless behavior, and it is important to be protected, especially if you want to make the pilgrimage to the Sturgis Motorcycle Rally one day to join your biker brethren.

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Understanding the Signs of Ponzi Scheme

Posted by on Jul 16, 2017 in Investment Fraud | 0 comments

Charles Ponzi was a charismatic Italian immigrant who, from 1919 to 1920, was able to sweet-talk thousands of Americans into shelling out millions of dollars to buy postage stamps using international reply coupons. Charles promised high returns on investment to lure potential investors, explaining to them that they can purchase postage at European currencies’ lower fixed rates and then redeem these in U.S dollars at higher values. The real issue, though, was that Ponzi diverted investors’ money to make payments to earlier investors and himself. When the time came when he could no longer rustle up enough fresh investments to keep up with the money going out the door, his scheme was discovered, landing him in jail.

Now known as the Ponzi scheme, this fraudulent investment operation involves an individual or an organization luring people to invest in a non-existent business with the promise of high returns. The fact, however, is that scammers pay returns to investors using their own money or money paid in by subsequent investors.  Since there is no legitimate business, there are also no legitimate earnings, thus Ponzi schemes require a steady flow of money from new investors to continue. If it becomes difficult to recruit new investors or when a large number of investors ask to cash out, it will mean the scheme’s collapse.

According to an investment fraud lawyer, though Ponzi schemes are quite difficult to spot, there are signs that may indicate these. These signs or red flags include:

  • High returns with no risk;
  • Unusual consistency in returns;
  • No registrations or licenses;
  • Secrets and unnecessary complexity;
  • Paperwork problems; and,
  • Trouble with payments.

The funds that a Ponzi scheme generates are usually used to enrich the manager of the scheme. Thus, by the time a Ponzi scheme collapses or when investors discover the scheme, it can be difficult or impossible for them to get their money back.

 

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Nursing Home Dangers: Physical Abuse

Posted by on Apr 5, 2017 in Nursing Homes | 0 comments

Nursing Home Dangers: Physical Abuse

Deciding whether to put a loved one in a nursing home or not is a serious personal issue. Putting a loved one in a nursing home has a lot of benefits, like your loved one getting the adequate care he or she needs without you worrying while you are at work. But you should also know that nursing homes can potentially be dangerous as well.

The nursing facilities may be insufficient to cater to your loved one’s needs. The management may be too incompetent and create hazardous conditions in the area. The medical personnel itself may be the hazards, as it may have abusive members.

There are different kinds of nursing home mistreatment, but one of the most common one is physical abuse. This happens when someone, like a nursing home staff or another patient, has used incidental force to your loved one, resulting into harm.

You may not always be there for your loved one, but when you are, you should look at the following signs to determine whether he or she is experiencing abusive behavior:

  • Sudden emergence of wounds, especially unexplained ones
  • Sudden change of behavior, especially in the presence of a specific person
  • Deterioration of health or worsening of present medical condition
  • Emergence of new medical conditions

According to the website of Karlin, Fleisher & Falkenberg, other abusive behaviors may not be as apparent but still constitute as physical abuse, such as when the patient has received unreasonable force as a means to restrain him or her. In fact, inadequately retraining a patient may lead to injuries, particularly in the wrist.

Elders may be too limited to defend themselves or explain the situation to you, so you should consider the dangers of nursing home negligence before putting your loved one in a nursing home. Look at the facilities to know if they are adequate. Talk to the management to have an idea how they do things around the place. Watch the nursing home staff perform their tasks on residents.

The website of Habush Habush & Rottier S.C. ® says that those who have loved ones who have experienced abuse or neglect in nursing homes may get financial compensation. This is a good way to ensure that the nursing homes around you are not practicing abusive and neglectful behaviors.

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One Pedestrian is Killed Every Two Hours while One is Injured every Seven Minutes

Posted by on Jan 5, 2017 in Car Accidents | 0 comments

Walking, more than jogging or any other activity that people do on foot, is the most common pedestrian activity. Today, it has even become the preferred way of transportation for tens of thousands of Americans.

So many factors, however, put pedestrians’ lives at risk – the first of these factors is motor vehicles, followed by bicycles, especially those ridden in parks, jogging lanes or walk lanes, and then there are the faded or absence of crosswalks (especially in rural areas), uneven and/or cracked sidewalks that can be a cause of trips and falls, debris on walkways, and roads that are inadequately lit at night.

Records from the Insurance Institute for Highway Safety (IIHS) and the National Highway Traffic Safety Association (NHTSA) show 4,743 fatal pedestrian accidents in 2012 plus 76,000 more which resulted in injuries (some of these injuries also led to death a few days after the accident); this means one pedestrian killed every two hours and one injurious accident every seven minutes. There was a very slight decrease in the number of fatalities in 2013, at 4,735; however, in 2014, the number again increased to 4,884.

In 2015, the U.S. Department of Transportation had safety of pedestrians and bicyclists its top priority. It convened University Transportation Centers (UTCs) and other transportation agencies and started the Safer People, Safer Streets program. In this program, the different transportation agencies were asked to conduct road safety assessments, as well as identify and remove barriers to improve non-motorized safety.

Pedestrians, obviously, do face great risks – in rural areas, but more so in urban settings where traffic is almost always heavy. The only sad thing about these risks is that majority of these are results of negligence.

Pedestrians accidents, however, as mentioned in the website of the Todd J. Leonard Law Firm, can occur not only in crosswalks or public streets, but also in public parking lots, such as malls, supermarkets, commercial establishments, parking garages or private driveways. Legal liability also differs from one case to another due to differences in circumstances surrounding the accident.

Whatever the circumstances, continued the said law firm, injured victims require the same thing: “a straightforward answer about the likelihood of being able to collect financial compensation to help pay for medical bills, lost wages, and pain and suffering.” Though proving liability in a pedestrian accident can be a really challenging task, a victim, or his/her family, may be able to ascribe fault to the driver of the motor vehicle, but only through the help of a highly-qualified personal injury lawyer. It will be a wise move not to take chances with just any lawyer as this can cost the victim the compensation that he/she has the legal right to claim and which will enable him/her pay for the treatment that will lead to his/her recovery.

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Elder Abuse Statistics

Posted by on Oct 18, 2016 in Retirement Care | 0 comments

Not many people are aware of the extent of the problem that elder abuse can lead to. According to a 2010 Census, about 40 million people in the United States are over the age of 65, with the number expected to grow up to 20 percent in the next two decades. A great majority of the elder abuse is sadly from their caregivers and is brought about by a number of factors, but mainly due to the elders’ dependence on others for their care due to mental inadequacy and physical frailty. This vulnerability has lead to various types of elder abuse, including mental, physical, emotional and even financial abuse.

Legally, elder abuse is defined as “any type of abuse or neglect of people over the age of 60 from a caregiver or another person in a relationship other than their usual caregiver”. Unfortunately, the frequency of elder abuse is not readily available and data is not clear because many cases are not reported. Furthermore, those who assist the elders do not have enough training to really distinguish the signs of elder abuse or neglect, causing the incident to continue. The fact that the most common form of elder abuse is psychological abuse that is very hard to identify. This has lead many personal injury attorneys to file a case against many caregivers and nursing home staff in behalf of the families because they are not very familiar with the process of injury claims and nursing home abuse cases.

Elder abuse can occur in any type of environment, with majority of the abuses taking place in nursing homes. The effects of elder abuse can depend on the type that the senior has experienced. Physical abuse can lead to permanent disability, while emotional and psychological abuse can affect the senior’s mental state. Financial abuse can empty the person’s financial resources which hinder their access to medical treatment. Suspecting any type of elder abuse should be reported to the right authorities to address the problem. Contacting a personal injury lawyer would be a good decision in order to address the situation accordingly and discuss your legal options.

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“An Expiration Date”

Posted by on Aug 11, 2016 in Car Accidents | 0 comments

After attending a family reunion in Cleveland one sunny Monday of August 2010, Susan Slattery, with hers two sons, Peter, 16, and Matthew, 12, started home for Baltimore on their red Ford Focus. Douglas Bouch, a 30-year veteran driver, had just hauled three trailers to Indiana and was pulling three more back home to Greenville, Pennsylvania. On the Ohio Turnpike, he found himself driving behind Susan’s vehicle which braked for a construction zone. Despite the stopped car ahead,

Bouch’s big rig which was running at 65 mph did not slow down. Instead, it rammed Susan’s car into another semi-truck and collides with five other vehicles before resting at a concrete highway divider and bursting into flames. The collision killed Susan, aged 47, and confined Matthew in a wheelchair due to traumatic brain injury. Peter, despite his broken eye socket and pelvis, survived the accident, but would never talk about it. Bouch, the driver of the rig, was unhurt in the accident. He confessed of having had only three hours and 20 minutes of sleep and of dozing off behind the wheel prior to the accident.

Four years after the fatal accident, Bouch, a Baptist, could only say that God had a plan for Susan to die that day and for him to drive the truck: it was her “expiration date.”

Many will call this “religious delusion,” some others will not. Regardless, had Bouch taken enough sleep, would the accident have happened?

Rather than a heavenly design, what happened was simply a result of very poor and negligent choice. Drowsy driving is an extremely serious matter. Different government agencies, including the National Highway Traffic Safety Administration (NHTSA), the Centers for Disease Control and Prevention (CDC) and the Federal Motor Carrier Safety Administration (FMCSA), see it as a major cause of truck accidents resulting to serious injuries and deaths.

In the CDC website, it is explained that “falling asleep at the wheel is clearly dangerous, but being sleepy affects your ability to drive safely even if you don’t fall asleep. Drowsiness:

  • Makes drivers less able to pay attention to the road;
  • Slows reaction time if you have to brake or steer suddenly; and,
  • Affects a driver’s ability to make good decisions.”

Many drivers, it is true, put themselves to the limit (for a higher take home pay, but this is another story) and many trucking firms force their drivers to push themselves to the limit too (for higher profits): attitudes that continue to put so many lives in danger.

This is nothing short of violation of safe driving laws mandated on truck drivers and trucking firms. According to the website of Schuler, Halvorson, Weisser, Zoeller and Overbeck, P.A., if drivers and truckers cannot correct it, a legal action probably will.

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Tips in Choosing an Assisted Living Facility

Posted by on Mar 24, 2016 in Retirement Care | 0 comments

There comes a time in life where we will not be able to take care of our elders anymore, whether their health requires more care or we move on to the next phases of our lives. Placing the elderly in an assisted living facility is always a difficult thing to do, but sometimes it is the most beneficial for everybody’s situation. Since we are not able to attend to their needs anymore, it is only right to find a place and a staff that would provide our loved ones with the best care and assistance that they need in their daily lives, according to SeniorAdvice.com.

According to the Small Business Development Center, roughly one million Americans reside in senior care facilities. Aside from the cost and method of payment, we should be able to assess what kind of facility we will enter our loved ones into. The first thing you should be looking for in an assisted living home is its cleanliness, since this is usually the root of much bigger problems. If the place is not well-maintained, it could pose future problems to the elderly. Visiting a facility when there is an activity happening is also a good strategy in finding the perfect care facility, according to aplaceformom.com. You may also want to observe the behavior of the staff during your tour, since it will be an indication of their action towards your loved one in the future.

Visiting all the areas and partaking in the facility’s meal plans will also lead you to making informed decisions regarding those aspects of the institution. Any concerns regarding the personal care and safety issues should also be tackled when you transact with the designated officers and staff at the facility. If you remain undecided after talking with the staff, asking for feedback from the families of those people who are already living in the community will be of great help. They may be able to provide sufficient information for you to decide on. All in all, doing a thorough research before admitting an elderly in a facility is always helpful in making a conclusion.

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Medical Malpractice

Posted by on Nov 1, 2015 in Injury Laws | 0 comments

Having a baby in a clinic is common now, and several moms-to-be don’t usually have to stress that hospital neglect can occur that could ultimately cause harms. However it occurs more frequently than many people believe, and the implications for both the family in addition to the infant usually are far reaching and frequently devastating.

Clinic disregard means the disappointment to provide a sensible remedy to its individuals. According to the website of the Driscoll Firm, the different forms of hospital negligence include:

  • Anesthesia mistakes
  • Setbacks in therapy
  • Not enough certified supervisions
  • Lost or late examination results
  • Insufficient interaction among medical staff
  • Post- surgical diseases
  • Treatment errors
  • Surgical blunders

These affect the general patient population, including neonates and moms. In beginning harms, practice negligence assumes exceptional forms including the poor use of forceps, the letdown to monitor the mom and fetus for hardship, loss in blood, or disease, or delays in executing a crisis cesarean section actually when plainly suggested.

For example, a child whose air is limited or is subjected throughout the start of their life to brain injuries might obtain an on-going cerebral palsy, a non-progressive problem which can cause the kid to miss certain milestones that are particularly needed in growth and development. Cerebral palsy could possibly be the consequence of some mistake during delivery and the effect could be the foundation to get a clinic negligence claim, which the kid’s parents will normally submit when the situation is first comprehended.

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Product Liability

Posted by on Jun 29, 2015 in Injury Laws | 0 comments

Every day, millions of American purchase products to utilize in their daily lives. These products are necessary to maintain their household, and are often used by all members of the family. It is very unsettling then, when these products prove to be defective and harmful to those who encounter them. These unsafe situations can be extremely problematic for everyone involved.

According to the website of Nashville personal injury attorneys at Pohl and Berk LLP, common occurrences harmful product defects include: pharmaceutical defects, toxic food products and containers, dangerous childcare products and toys, defective vehicles, manufacturing defects, design defects.

Toxic food products often affect a large group of people at once. When a food product proves to be toxic due to a temporary or isolated contamination, it is often not apparent until a large group of people become ill, and the food product is discovered as the link in their diets. At this point, the product is recalled.

Some of the most harmful product defects in this category are dangerous childcare products. Sometimes, products marketed to children fail to make parents aware of the dangers they could pose to their child. Examples of this could include toys coated with poisonous paint, or toys with pieces so small that they are a choking hazard to children in the age group that they are marketed to. Even parents who practice extreme caution with their children can have their child be harmed by a defective product if an oversight by the manufacturer causes the company to not make the parent aware of the potential hazard a product poses to their child.

Injuries involving defective products tires are some of the most harmful and stressful incidents that someone can experience. These never occur on purpose, and are always unexpected. However, they are unfortunately often the fault of the carelessness or neglect of the product manufacturer of another party. In these cases the victim of such an injury may be owed certain damages.

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What Types of Problems can Delay a Personal Injury Lawsuit?

Posted by on Mar 21, 2015 in Injury Laws | 0 comments

If you think that there is anything simple about a personal injury lawsuit, you have another thing coming. Even when a case seems straightforward enough, many problems that may arise can delay or even derail a personal injury lawsuit.

There are many types of personal injury lawsuits. For a comprehensive list of the different types and a brief explanation of each, click here. However, all personal injury lawsuits have two things in common: serious injury and liability.

It is not always easy to determine how serious an injury is. If the plaintiff becomes disabled or requires several surgeries, then it is obviously a serious injury. However, questions may arise when there are no obvious signs of injury, such as in whiplash injuries traumatic brain injury. It can be even more difficult to prove when the injury is emotional or psychological. When the level of injury is in question, the lawyers will have to produce a preponderance of evidence to demonstrate the extent of the injury.

The same applies for proving liability. Liability assigns fault to a defendant for being the proximate (direct) cause of injury to the plaintiff. In cases where the victim was injured in a car accident because the driver was drunk, there is usually enough evidence to assign fault. However, this is not always the case. Some injuries take time to manifest, such as mesothelioma (asbestos exposure) or uterine cancer (power morcellators), so the lawyer has to show evidence that points directly to the defendant as the proximate cause of the injury.

In many cases, the evidence comes from the attending physician and other medical experts. If they can state clearly that the injury was caused by a certain act or failure to act of the defendant, then the job of the lawyer becomes easier. However, if there is some doubt about causation, then the plaintiff’s lawyer has to find a way to convince a jury (or the insurance company if it is for a settlement) that there is a high likelihood that the defendant is liable.

These types of problems are common in personal injury lawsuits, because the plaintiff has the burden of proof. The defendant only has to introduce reasonable doubt. To have a good chance of winning your case, you need an experienced lawyer that handles this type of cases.

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