- Laura Mackie | November 29, 2006 9:05 PM |
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MiscellaneousWhen it comes to evaluating a client's injury for possible settlement, there are many factors to take into consideration. It is often the position of defense counsel and/or insurance carriers that pre-existing conditions do not substantially increase the value of a claimant's general damages. There is also the possibility that any claim for damages will be "devalued" by opposing counsel based...
- Laura Mackie | November 29, 2006 7:41 PM |
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Property Owner's Liability (Slip & Fall)Slip and fall accidents are difficult cases to litigate, especially when your client is an older adult. More often than not the injuries sustained during an unintentional fall, if not immediately fatal, can cause functional impairments that may require admission to a nursing home for a year or even longer. The physical and emotional toll this inevitably takes on the client and their family is...
- Laura Mackie | November 21, 2006 3:06 PM |
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Head & Brain InjuriesOver one million people are seen by medical doctors every year in the U.S., due to having received a blow to the head. 50,000 to 100,000 of those individuals will have prolonged problems that will affect their ability to function in their daily lives. Although most people would prefer not to dwell upon the subject, the legal community is well aware that it is not uncommon for fractures of the...
- Laura Mackie | November 21, 2006 2:26 PM |
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Automobile AccidentsOne of the most frightening aspects of being the parent of a 16 year old is the knowledge that your teenager will soon be driving. Experience gleaned from dealing with the legal fallout associated with car wrecks is a burden to every litigator/parent. Researchers tell us that motor vehicle crashes are the leading cause of injury and death among adolescents 16 to 19 years of age. The first six...
- Laura Mackie | November 20, 2006 4:09 PM |
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MiscellaneousIt's long been recognized that Auto accidents and Humeral (arm) fractures go "hand in hand" (no pun intended). A popular ad campaign during the 1950's for Burma-Shave even spoke to this fact. Those of us, who were old enough at the time, may recall the roadside sign that wisely counseled, "Elbows held out of the window far, often go home in another car." And although we may not have realized...
- Laura Mackie | November 14, 2006 5:49 PM |
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Property Owner's Liability (Slip & Fall)Slip and fall accidents commonly result in injuries to the knee which can be debilitating and costly. Whenever a client presents with a knee injury, their physician will usually proceed with treatment consisting of ice, wrap, motion, and anti-inflammatory medication. However, if the client is diagnosed with a meniscal tear, treatment may be much more involved. A meniscal tear is a tear in the...
- Laura Mackie | November 14, 2006 3:07 PM |
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Automobile AccidentsAlthough many injuries characterized as neck strains may subside without noticeable residuals, it is possible for more severe neurological symptoms to manifest long after the initial injury occurred. Following an accident, symptoms of other trauma induced conditions may be triggered immediately or may take months (even years in some cases) to develop. One such condition is Thoracic outlet...
- Laura Mackie | November 13, 2006 1:52 PM |
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Automobile AccidentsWhether you are the parent of a child who was injured as a pedestrian or the driver of the vehicle in the same accident, the long term effects of that single event can be devastating. Perhaps more than any other type of vehicle accident, Pedestrian Accidents involving children tug at our heartstrings. Children are especially vulnerable to being hit or run over by vehicles. In California,...
- Laura Mackie | November 13, 2006 11:38 AM |
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MiscellaneousSometimes overcoming the established prejudice of defense doctors, attorneys and insurance companies against the so-called malingerer presents itself as the most difficult part of pre-trial negotiations. Potential pre-trial settlements can easily be de-railed by defense usage of terms such as 'secondary gain' and 'psychogenic' in discussing diagnosis, prognosis and residuals. Questioning a...
- Laura Mackie | November 12, 2006 10:11 PM |
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Property Owner's Liability (Slip & Fall)Each year, more than 1.6 million seniors are treated in U.S. hospital emergency rooms for fall-related injuries caused by incidents such as slipping on a wet bathroom floor, loss of balance on stairs, or tripping on a throw rug. According to the U.S National Institute on Aging, falls are the leading cause of fractures, hospital admissions for trauma, loss of independence, and injury-related...
- Laura Mackie | November 09, 2006 9:17 PM |
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MiscellaneousResearchers at the University of California at Riverside have found a way to create a stronger and safer frame than the artificial bone scaffolds currently being used by medical professionals to repair broken bones. Enter the nanotube.Although Human bones can easily be shattered in accidents or ravaged by time and disease, scientists are excited about a new weapon in their battle against the...
- Laura Mackie | November 09, 2006 8:47 PM |
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MiscellaneousComplex Regional Pain Syndrome, also known as Reflex Sympathetic Dystrophy Syndrome (RSD) is a malfunction of the nervous system that affects up to 1.2 million Americans.A disorder that is often poorly understood by medical professionals as well as patients and their families, this life altering affliction develops in response to an event, such as an accident or medical procedure, that the body...
- Ed Smith | November 09, 2006 9:36 AM |
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MiscellaneousOn November 8, 2006, "Espresso Express" Espresso Makers, has had to recall more than 50,000 espresso makers because they are causing burns and other injuries. What is causing these incidents? Well, apparently the machine's heating element can forcefully seperate from it's base during the brewing cycle causing the burns. It has also been reported that consumers have been hit by parts of the...
- Ed Smith | November 08, 2006 10:45 PM |
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Tractor-Trailer AccidentsA 74 year old man, Kenneth Graybeal, was killed Wednesday afternoon when a trailer truck travelling EB on Highway 12 approached the intersection of Beck avenue and struck a Dodge minivan stopping for a red light. Graybeal was a passenger in the minivan and died of blunt force trauma to the head.Many truck accidents result from fatigue. Police are investigiating further the cause of this accident.
- Ed Smith | November 08, 2006 9:55 PM |
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Defective & Dangerous ProductsThe Consumers Union recently published an excellent article and FAQ on rollover accidents. The rapid rise in popularity of SUV's and the increased propensity of SUV's to become unstable lead to a critical need for a rollover rating systemEach year over 10,000 people die in rollover accidents and over 80% of them were killed in single vehicle rollovers.Even though rollovers are only 3% of all...
- Ed Smith | November 08, 2006 6:12 PM |
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MiscellaneousSony, in cooperation with the Consumer Products Safety Commision, and following the lead of many other companies that sold products which incorporated Sony's batteries, has announced that it, too, is recalling some 340,000 battery packs manufactured by Sony, due to the significant risk of catching fire.As stated in the Recall Notice issued October 26, 2006: Incidents/Injuries: There have been 16...
- Ed Smith | November 08, 2006 6:01 PM |
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MiscellaneousWhen someone is injured in a fire (house fire, car accident, gas station fire, etc.) oftentimes persons sustain severe burn injuries. When resolving cases like these, it is important to keep in mind that any settlement must include past damages, current damages, and future damages as the carrier involved will often require that the person receiving a settlement sign a Release of All Claims. ...
- Ed Smith | November 06, 2006 6:44 PM |
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Automobile AccidentsWhat force is required to stop a car weighing 3000 lbs. and going 40 mph in one foot? What forces will be exerted on a driver...with and without a seatbelt? To answer these questions in a courtroom, attorney's bring in accident reconstructionists with long years of training in their field.However, an online site can aide an attorney in estimating the forces of a car crash by simply inputting...
- Ed Smith | November 06, 2006 5:20 PM |
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MiscellaneousBurn injuries can be caused by electricity, chemical agents, radiation or thermal sources. It's important for Doctors to classify burns by degree so that they have a working paradigm on how to treat the injury. Most people have heard of first, second and third degree burns..and believe that third degree burns are the most serious.Actually, however, there are six degrees of burns...Third Degree...
- Ed Smith | November 06, 2006 4:36 PM |
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MiscellaneousI just finished a wonderful book which would be a great starting place for young attorney's dealing with a burn injury case. It is called BURN UNIT and is sold on Amazon.If you are specifically interested in learning about what goes on in a burn unit or what goes on in a patient's body after they are burned, then this is an amazing book. It is very informative. The author talks about historical...
- Ed Smith | November 06, 2006 4:12 PM |
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MiscellaneousA great book for attoney's handling fire lawsuits is FIRE LITIGATION HANDBOOK by Dennis Berry. The Chapter outline is as follows:** The Investigation** Negligence** Basic Fire evidence** Products Liability** The Civil Action Case** Fire Loss Data** Characteristics and Behavior of fire** Fire Hazards of Liquids and Gases** Building structures and fire** Life Saving Considerations** Building...
- Ed Smith | November 05, 2006 8:15 AM |
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Wrongful DeathA local Fair Oaks couple, Donald and Adeline Dennehey, were killed when their small single engine plane crashed Saturday 15 miles south of Yuba City. The plane was a Zodiac CH 601 and the National Transportation Safety Board is investigating.In airplane crashes there are a multitude of questions a lawyer must immediately consider.Is it possible to figure out the cause of the crash?How should...
- Ed Smith | November 04, 2006 8:31 PM |
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Automobile AccidentsMany lawyers almost by rote ask the parties in an accident if they had the radio on at the time of the crash, but often whatever the answer there is little effective followup other than the inference that perhaps the driver wasn't as attentive to the road because he was listening to music.I've recently found a study that seems to suggest that listening to fast tempo music while driving...
- Ed Smith | November 03, 2006 2:56 PM |
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Automobile AccidentsOver the last several years in California the number of fatalities caused by motor vehicle accidents have been on the rise. This is also true in other states and counties across the nation. For example, fatal accidents in Sacramento County seem to be increasing annually which can be linked to certain intersections and streets which seem to be more dangerous then others.For a list of statistics...
- Ed Smith | November 03, 2006 1:15 PM |
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Defective & Dangerous ProductsOne alternative to knee replacement surgery is injections. Viscosupplementation, is just one of several injection methods individuals can choose as an alternative to knee replacement surgery.Viscosupplementation or Hyaluronic Acid (HA) injections are designed to cushion and lubricate the knee joint. Benefits from this form of injection include: reduction in pain and increased mobility. Though...
- Ed Smith | November 03, 2006 11:25 AM |
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Defective & Dangerous ProductsIn the past years many people have had problems with knee replacements being defective. This has been a huge problem as a few companies have had to recall their products.Smith & Nephew, global provider of leading-edge knee replacements, recalled an orthopaedic implant from the US market. The company mentioned that it had ceased sales of two of its defective knee systems due to a high number of...
- Ed Smith | November 02, 2006 8:04 PM |
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Automobile AccidentsMany times over the years, people have asked me if there's anything that can be done if the party responsible for causing injuries in an auto accident simply doesn't have enough insurance to cover the value of the injuries suffered in their case.Often, there is hope if the client had the forsight to purchase underinsured motorist (UIM) insurance coverage. This coverage is purchased just like...
- Ed Smith | November 02, 2006 6:15 PM |
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Automobile AccidentsMany do not know that nearly one in four vehicles on the road in California have no car insurance. Even though the Department of Motor Vehicles has long required proof of insurance as part of the vehicle registration process One in four are uninsured even though, if involved in an accident or stopped by a highway patrolman, the driver of an uninsured motor vehicle stands to lose driving...
- Ed Smith | November 02, 2006 5:57 PM |
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Automobile AccidentsMany people injured in auto accidents are unaware that even if the driver that strikes them in uninsured, they may still have the ability to recover for their injuries. If the injured party or a family member of friend in the same house has an uninsured motorist clause in their insurance, it most often covers the person who was struck by the uninisured motorist or hit and run driver.Other people...
- Ed Smith | November 01, 2006 3:37 PM |
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Automobile AccidentsCalifornia law requires the mandatory use of a helmet for any person 17 years of age or under who is riding upon a bike or bicycle on a public street or bikeway or path. Research on the subject has shown that all persons, even those over the age of 17 years, should seriously consider use of a helmet whenever riding a bike.For instance, according to an October 2006 study conducted with the...
- Ed Smith | November 01, 2006 2:55 PM |
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Automobile AccidentsOut of the roughly 44,000 car accidents that occur in the United States every year in which someone was fatally injured, over 800 involve persons riding a bicycle, according to Michael Bluejay, in his publication entitled "Ten Ways to Not Get Hit" Hundreds of thousands more bicyclist accidents result in hospitalization every year for collision related injuries.Some of the suggestions made...