Mar 24 2010

Child’s Play Can Lead To Serious Injury

  • Playground accidents can lead to serious injuries

  • Necessary precautions should be taken to prevent injuries on playgrounds

  • 150,000 accidents a year on playgrounds

Children will always end up with bruises and scratches as a result of rough and tumble in the playground, from a game of football in the local park or tripping up while playing tag in the school yard. However, children can suffer horrific injuries from falls sustained from playground equipment or if a piece of loose clothing gets caught in the merry-go-round. Such incidents can result in brain injuries and spinal cord injuries if the child lands on his or her head, strangulation injuries, broken bones and serious frictional burns.

While it has to be accepted that accidents to happen, many playground accidents could have been prevented if the playground designer, equipment manufacturer or school took various precautions to stop these accidents from happening

Playgrounds should be fun and safe for children but a report by Safe Kids USA stated that around one hundred and fifty thousand children under the age of fifteen suffer serious injuries each year after accidents on play grounds and end up in hospital. These injuries are down to defects in playground equipment and around seventy five percent of these accidents occur in public places such as the school playground or the local park.

Not all playground accidents are a result of defects or due to a design fault, however injuries do occur because the playground had improper protective surfaces, the playground is not adequately maintained or children are allowed to play on playground equipment not appropriate for their age level. Inadequate supervision is a main cause of accidents in the school playground.

If your child has been injured as a result of a playground accident you may wish to consult a lawyer to see if a defect in playground equipment has contributed to the accident or of lack of supervision of your child led to the injury.

For more legal information on playground equipment defects visit the website of The Barber Law Firm in Dallas, Texas. This article should not constitute legal advice.


Mar 4 2010

Hearing Impairment

An individual’s hearing sensitivity is measured by the quietest sound that the person can detect – this is known as the hearing threshold. A behavioral audiogram can be used to accurately measure that threshold in humans (and in some animals). This process involves recording the quietest sound that elicits a response from the listener, on a consistent basis. Different frequencies are used for these sounds while recording the responses. Another hearing test involves electro-physiological responses that don’t require behavioral responses.

With regards to various animal species, normal hearing thresholds are not the same for every frequency. When sounds are played at different frequencies, and at the same amplitude, some of those sounds will heard as a loud noise, some will be perceived as quiet and some will hardly be recognized at all. However, for those frequencies that are barely perceived, increasing the amplitude will make them more audible. In general, the frequencies that are used for communication within the species (as in “speech” – for humans) are the most audible for that species. This fine tuning of hearing will appear at many different levels of the auditory system. This will also include the ear’s physical characteristics and the nerves and tracts of the auditory system which will convey impulses to the portion of the brain that decodes them.

When an individual is unable to exhibit sensitivity to sounds that are normally perceived by its kind – that individual is described as being hearing impaired. For humans, this term normally refers to those who are insensitive to sounds in the frequencies that speech is heard. The severity of this condition is measured in terms of how much louder (increased amplitude) the sound must be, before the sound is recognized. In cases of profound deafness, no level of sound amplitude will be heard.

The quality of a sound, as opposed to its amplitude, is another characteristic of hearing. For humans, this is measured by “speech discrimination” tests. These tests will require that the subject not only hears the sound, but understands it, as well. There are some very rare forms of hearing disorders that will only affect this aspect of hearing.

Please note that this article is for informational purposes only and is not intended as legal advice.

Hearing Impairment can sometimes interfere with a productive lifestyle. For further information, contact Social Security disability lawyer Gerard Lynch, regarding SSI/SSD claims in Galveston and other Texas cities.


Feb 26 2010

The Invisible Consequences of Traumatic Brain Injury

One of the most life-threatening bodily harms that can come to people is traumatic brain injury. This is a sudden, physical trauma to the brain acquired non-congenitally, through external force often typified in various catastrophic accidents and violence.  While the dangerous condition of a person suffering from an open head injury is readily perceptible, the consequences of closed head injuries are not. Nevertheless, all traumatic brain injuries often lead to an array of possible consequences that can persist throughout a person’s lifetime.

Primary and Secondary Injuries

Traumatic brain injuries are classified into primary and secondary types.

Primary injuries are those that directly occur at the moment of trauma. These include contusions, blood vessel damage, and axonal shearing where the long ends of brain cells are stretched and torn. In primary injuries, brain cells and tissues may deform and die, drastically altering brain function.

Secondary injuries are indirect results of the trauma, usually as results of complex cellular processes and biochemical cascades initiated by primary injuries. These injury aftershocks can damage areas previously unharmed in the initial trauma and occurs minutes to days after sustaining injury. Secondary injuries include reduced blood and oxygen flow to the brain, low blood pressure, edema or swelling of the brain, and raised pressure within the skull, all of which substantially likely to have further serious effects on the brain, the body, overall body function, and even on the life of the injured person itself.

Signs and Symptoms

While all these injuries can occur, they may not be readily apparent, invisible dangers that can sometimes elude even sophisticated medical technology. Nevertheless, there are physical signs and symptoms to look for to help confirm brain injury. Unconsciousness is one common sign. Other symptoms include dizziness, difficulty balancing, nausea, vomiting, blurred vision, unequal pupil size, ringing in the ears, and a bad taste in the mouth among others. Cognitive and emotional symptoms include changes in mood and behavior, and problems with memory, concentration, and thinking.

While traumatic brain injuries can be mild and do not cause permanent or long-term disability, all severity levels of traumatic brain injuries have the potential to cause significant, long-lasting disability that can affect overall quality of life.

Additional legal site: Personal Injury Lawyer Elan Wurtzel. Providing legal assistance in the Long Island area.

This article is intended to provide only general information on the topic and not as legal advice.


Feb 22 2010

Who’s Liable for a Slip and Fall Accident?

A slip and fall accident is one of the most common accidents that can occur when on someone else’s property. From a slick sidewalk to a wet floor that has not been marked, conditions are often times slippery enough to cause a fall. However, for a business owner or property owner to be liable for the fall, a number of elements need to exist.

Liability Requirements

To start with, there needs to be a hazardous condition. Some people are just clumsy. Being clumsy is not enough of a reason to hold someone accountable for a slip. However, a restaurant’s sidewalk covered in an inch of ice without any signs might be.

The first thing that needs to be proved is that the owner caused the condition to exist. Second, you must prove that the owner knew of the condition and did not do anything to fix the problem. Finally, the owner should have known about the problem, as any reasonable property owner would have been aware of the problem and repaired it. Going back to the slippery sidewalk again, a reasonable operator would not only have noticed the problem on their way into the building, they would have heard complaints already about the conditions.

Seeking Damages for a Slip and Fall

When it comes time to seek damages for a slip and fall on someone else’s premises, you must first prove the liability of the other party, then show that they could have fixed it and did not. You will also need to have the necessary testimony and evidence in hand to prove all of this. In some cases, even if you were the victim of a negligent premises operator, it can be hard to prove these conditions without some form of testimony to show your side of the story. Most states protect the business owner from frivolous lawsuits, and as a result, the burden of proof is on the plaintiff.

If you have slipped and fallen on someone else’s property, be sure to research your rights and take whatever steps necessary to deal with the issues that arise. This article is not meant to be legal advice. Please contact a lawyer for legal consultation.

Don’t let a slip and fall catch you off guard. Contact Weinstein Law today for your options. Serving clients in the Fort Lauderdale area.


Apr 24 2009

What you should know about Contingency Fees

If at one point you are caught up in a legal situation and you don’t have the money to afford an attorney, don‘t worry you have options. You may want to speak to your lawyer about a contingency fee method. In this case you would never have to pay a penny to your attorney unless you won your settlement. Then at this point your lawyer would receive a percentage of your fees which you’ve won.

The percentage of your contingency fee would be gone over once you speak with your lawyer. It’s usually between 20%-50% of the fees you win from your case.  If you lose the court case you won’t owe anything to the lawyer including lawyer fees and such.

Many times this contingency fee method is arranged when someone has been injured or seeking damages from auto accident or medical malpractice cases. Most attorneys will offer you a free consultation. If after hearing your case they feel that you are probably going to win then they will most likely take on your case and represent you. There wouldn’t be any worrying about hourly fees the lawyer usually charges which racks up after a couple visits.

Some cases that occur are usually only dealt with the contingency fee basis option. These matters consist of the following situations; Wrongful dismissal claims and serious injury claims which occur if the plaintiff is not working or has little income. Most people these days cannot afford a lawyer hourly and let their situations go unsettled. Why have this occur when there are options out there for individuals to claim what they have lost and also should receive as an outcome. If the lawyer notices this case is a positive one and nothing can go wrong and you’ll win, he/she will usually consider a contingency fee basis method. Make sure before you sign a contingency fee document, that there are no hidden fees written if you would lose the case. Always read the agreement word for word before signing anything.

Before you consider using the contingency fee method for your legal case make sure they are worth the percentage your lawyer may charge you. If it’s a small battle and your lawyer suggests a 30% payment once the settlement is won, you might want to reconsider the option. You may be better off paying the hourly fees instead of giving him a larger sum at the end of the settlement. Not all cases where an attorney represents their client wins. So therefore the attorney may raise the percentage of the next case he comes in contact with to make his money back he lost. This doesn’t seem fair for the next client but it’s something they have to do to make their profit equal out.

Make sure your case isn’t something which will only take a few days or maybe just one before considering the contingency fee method. This can mean the difference between you having money or not having money. You can’t afford to lose.

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Apr 24 2009

What to do if you have a slip and fall accident

There are thousands of people whom have slips and falls on other properties including businesses. This can occur because of weather conditions, rough patch of ground, uneven floors, torn carpet, or poorly lit areas when it’s dark. If you have been injured on someone else’s property or at a business, look around and see if it was the carelessness on your behalf or if it was due to the property. If it was the properties fault make sure you speak with whom it belongs to immediately. Explain the situation and point out where exactly you fell to show them how this happened. If there were any witnesses make sure they also give their side of the story. Having someone else see this occur will be embarrassing for you but may also help you out in the long run proving your not at fault.

There isn’t really a way to determine if it’s legally their responsibility for your injury if you slip or fall. The owners of the property could say you were being careless and that the injury could have been avoided. Many cases property owners can just insist they weren’t aware of the poor conditions of their property which then you can’t prove if this is true information or not. If you keep insisting that it was their fault and they don’t budge, look into getting a lawyer.

If you try to settle with the business yourself it might become a big hassle and it may not get anywhere. You might feel if you contact the corporate location or the main owner of the building that they’ll end the case. Many times you can write letters and speak to them on a frequent basis but still nothing. This can be very frustrating if you go alone. If you still feel you were not at fault and there was no way to avoid what has happened to you, seek a lawyer immediately.

The lawyer will be able to make your case stand out to the business owner or the property owner. Once you involve a lawyer they will realize this isn’t a joke and that you are serious. If you slip or fall and feel that you are ok, get checked out anyway to be safe. You never know that your injuries could just be holding back to something going wrong in the near future. When you slip or fall explain the situation to your lawyer and advise him of the situation. If you have a camera on you when the fall happens, make sure to take pictures of the property damage which caused your fall. This will defiantly help you out with your case if it’s taken to court.

Many larger businesses do not want cases brought to court due to their reputations being destroyed. Other times they will file out of court and give you what you are asking for. If you do fall and have injuries they would be responsible for the bills along with treatments you may need to recover. So just remember if you fall, seek the owner immediately and tell them the side of the story and file a complaint.

Most established businesses do have cameras on sight so check to see if any camera caught your fall. If you have suffered injuries that no longer allow you to work then you need to tell your lawyer that as well. Accidents happen and you can’t help that.


Apr 24 2009

Accident Lawyer

If you have had a loved one who was recently killed in a wrongful death, you may well have to look for a personal accident lawyer.  Wrongful death can happen in many different types of cases; from a car accident that was not you’re loved ones fault.  Or maybe some aspirin or other product your loved one took caused their death, this also can be classified as a wrongful death.

Types of wrongful death
There are so many different types of cases that can lead to wrongful death, so you should get an attorney who is qualified to help you out in your search for justice.  It’s not an easy time when a loved one passes away, but when it happens in a wrongful death case you get angry and want to make sure their death doesn’t go unjustified.

Attorney for Wrongful Death
When you go looking for an attorney to handle the wrongful death of your loved one, it’s not only important to find one that specializes in those types of cases.  You should also try to find one that will take your case on a contingency basis.  This will mean that they need to reach a settlement for you in order for them to get any money; a great way that can save you money and have your lawyer working extremely hard on your case to reach that settlement.

Justice
Don’t let the wrongful death of that loved one go without notice; get your case heard in court.  Or at least have your lawyer fighting for your loved one.  Even though a large settlement will not bring your loved one back, it may go a long way in helping you pay some medical bills that came about due to the death.  Plus it’s not cheap to bury a person nowadays either.  You can use the settlement money to help to pay all those bills too.

Suffering a Loss
It’s sad to think that tons of people have these types of cases a year, wrongful death is always tough.  So search for the right personal injury lawyer who can help you out.  Again find one that will work on a contingency basis and will not get payment if your case is not won.  Get a lawyer who works strictly personal injury cases, and preferably focuses on those cases that deal in wrongful death.

Finally
If you find an attorney and you meet with them, but you feel they may not be the best choice.  Move on don’t just settle, there may be a reason you are feeling this way.  Don’t jump into an agreement with an attorney who sends off the wrong signals to you.  There are so many attorneys’ out there that focus in personal injury cases that it shouldn’t be that hard to try a few different attorneys and see how you feel about them.  Pick the one who you feel will work the hardest for you.  Also try to make sure that they call you within 24 hours after you’ve left a message. It’s up to you to make things right. You can do this by searching all legal directory listings you can find.  It’s important to know your options.