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Brennan & Kavouklis, P.A. Newsletter Archive |
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WINTER 2003/2004 ISSUE
PROTECT YOURSELF FROM MEDICAL
ERRORS
Brennan & Kavouklis, P.A. Injury
Law Alert Newsletter
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FAQS ABOUT AUTO ACCIDENTS
There are approximately 12 million car accidents in the United
States each year. It is a disturbing fact that you or someone
you know is likely to be involved in an auto accident. Take a
few minutes to read the answers to these frequently asked questions
about accidents.
What Should I Do if I Am in an Accident?
See the accompanying article for a helpful checklist of do's
and don'ts if you are involved in an accident.
How Are Insurance Claims Handled?
As soon as possible after the accident, contact your insurance
company. If the accident was the other driver's fault, your claim
should be paid by his or her insurance company. If the other
driver does not have insurance, or does not have enough insurance,
your insurance may pay your claim, depending on what kind of
coverage you have.
Some insurance companies will tell you that you don't need
an attorney to represent you if you are injured in the accident.
This is bad advice. Never give an insurance company official
statements about the accident without consulting with us so that
we can protect your rights.
How Are Property Damage Claims Handled?
Most property damage claims are handled quickly and efficiently
and usually do not require a lawyer. If the accident is not your
fault, the other driver's insurance should pay to fix your car,
unless it would cost more to fix your car than it is worth. If
this is the case, your car is "totaled," and you will
only receive the market value of your car before the accident.
Many repair shops will help you by providing free repair estimates
for insurance purposes.
What if I Am Injured?
As with property damage, if the other driver is responsible
for the accident, he or she is also responsible for your medical
bills. If you have been injured, it is important to see a doctor
as soon as possible. Remember: An injury may not appear until
long after the accident.
Do I Need an Attorney?
If you were not hurt, or the only damage suffered is property
damage, you probably will not need an attorney. However, if you
have been injured or have missed work, you should contact us
immediately to help you get your fair due from the insurance
companies. Unfortunately, many insurance companies make it difficult
to recover for certain kinds of injuries (such as whiplash) without
a lawyer's help.
How Much Will It Cost to Get Legal Help?
Most attorneys who handle personal injury lawsuits do so on
a contingent basis. This means that you do not have to pay for
the attorney's services out of your own pocket, but instead the
attorney will receive a share of the recovery if you are successful.
If you don't win, you don't pay. We believe that you deserve
good legal help even if you do not have a lot of money.
What Is My Claim Worth?
The answer depends on a number of different factors. You should
be compensated for your medical bills and lost wages, both past
and future. You also should recover something for the pain and
suffering the accident has caused you. If your injuries are serious
enough, they may affect you for the rest of your life, and so
you should be able to recover for your lost earning capacity.
How Long Will It Take to Settle My Claim?
Many cases settle quickly, to everyone's satisfaction. Others
continue for months or even years, depending on whether there
are disputed facts and on the amount of medical treatment you
require. Still other cases cannot be settled without a trial,
which may take longer.
Who Do I Talk to?
If you have been in an accident and have questions about whether
you need a lawyer or whether you have a right to monetary damages,
call us. Decisions that must be made after an accident are very
important. We will be happy to talk to you about your case.
AUTO ACCIDENT CHECKLIST
* STAY CALM.
* Move yourself and your passengers out of harm's way. Call
the police.
* Assist anyone who is injured. Call for an ambulance if necessary.
* Get the name, address, phone number, and license number
of the other driver(s) and car(s). Exchange insurance information.
DO NOT discuss the accident (except with the police), but DO
make notes of anything the other driver(s) says about the accident.
* Get the names, addresses, and phone numbers of any witnesses.
* Get photographs of your vehicle, contact your insurance
company, and write down everything you remember about the collision
ASAP.
* Contact our firm to discuss your legal options.
PROTECT YOURSELF FROM MEDICAL ERRORS
According to a report issued by a federal government task
force, somewhere between 44,000 and 98,000 people die each year
because of mistakes made by their doctors. Given the silence
in the press regarding the number of deaths caused by medical
errors each year, it could be called a "silent epidemic."
A "medical mistake" can take several different forms:
the failure to properly diagnose a patient's problem; the failure
to choose the correct course of action to treat the problem a
patient has; or the failure to properly perform the treatment
plan chosen. No matter what form a particular mistake takes,
all medical mistakes share one characteristic: They can be deadly.
Unfortunately, many patients and family members of victims
do not realize that a medical mistake has occurred. All too often,
the injury or even the death caused by a medical error is seen
as being the result of the patient's original illness, not as
the result of a preventable error.
There are a number of causes of medical mistakes. First, the
increasing prevalence of HMOs means that patients often are not
referred to the appropriate specialist until after their condition
has worsened and become more difficult to treat. Second, many
doctors (particularly young interns) work long hours. Third,
there is a shortage of trained nurses. All of these factors add
up to a system in which a number of otherwise preventable injuries
and deaths are caused by overworked, exhausted, or inexperienced
caregivers.
Adverse drug reactions are another source of medical mistakes.
The explosion in the number of prescription drugs available means
that doctors often prescribe several drugs to the same patient
but have no idea how these prescriptions will interact with each
other. Sometimes, adverse reactions will harm or even kill a
patient.
Medical mistakes can be dangerous, but there are some things
you can do to protect yourself and your loved ones. Be actively
involved in your own care. Ask questions. If you think your doctor
may have made a mistake, ask about it. If you still have doubts,
get a second and even a third opinion. Pay careful attention
to your medications. Read the label and report any ill effect
you think the medication might be having on you to your doctor
immediately.
If you feel that you or someone you love may have been a victim
of a medical mistake, contact us. We will help you determine
the best course of legal action. And remember to stay alert.
The life you save may be your own.
CASE BY CASE
Revenge of the Condiments
As further proof that an injury can happen any time and in
any number of different ways, an injured woman recovered $75,000
in damages caused by slipping on a jalapeño pepper. She
was at her local Wal-Mart and slipped on the jalapeño
after leaving the counter at the snack bar.
She testified that the area around the snack bar was dirty
and that the jalapeño she slipped on was "wrinkled"
and "not fresh," as if it had been there for some time.
Based on this, the jury decided that Wal-Mart should have known
that the pepper was on the floor, and it awarded the woman $75,000
for her medical bills, past and future pain and suffering, and
mental anguish.
Airbag Danger
In another case, a jury gave an injured driver an award of
almost $1 million for injuries the driver suffered when the airbag
in her car delayed in opening. Airbags are designed to fully
deploy in 50 milliseconds, but the evidence showed that this
airbag did not completely open for 120 milliseconds. Because
of the delay, the driver's face was within the "knock-out
zone" as the bag was deploying, and the deploying bag struck
her full in the face. She lost one of her eyes and her eye socket
was permanently deformed.
Although airbags have probably prevented far more injuries
than they have caused, they are not foolproof, and airbag manufacturers
can be held liable when airbags cause injuries.
IDENTITY THEFT
Intent on taking a free ride on the good name and reputation
of others, identity thieves obtain personal information and then
essentially impersonate their victims as they open credit-card
accounts, make purchases, or take out loans. While there is no
way to have complete protection against identity theft, these
common-sense measures can decrease the odds of becoming a victim:
* Jealously guard personal information like your Social Security
number and account numbers and passwords, divulging it only in
a communication that you initiate.
* Keep your wallet from becoming a gold mine for potential
thieves by carrying the minimum in checks, credit cards, or other
bank items, and do not keep your Social Security number there.
* Retrieve your mail promptly and do not leave outgoing mail
in your doorway or home mailbox.
* Tear up private papers like bank statements, receipts, and
credit-card applications before throwing them away.
* Store valuable financial information at home in a place
that is not available to prying eyes.
* Review bank account and credit-card records regularly, as
well as your own credit report prepared by a credit bureau, so
that you can pick up the first signs of trouble, such as a missing
payment or an unauthorized withdrawal.
THEY SAID IT
The following things were actually said by people in courtrooms
across the country.
Q: All your responses must be oral, OK? What school did you
go to?
A: Oral.
Q: What was the first thing your husband said to you when
he woke that morning?
A: He said, "Where am I, Cathy?"
Q: And why did that upset you?
A: My name is Susan.
THANKS FOR THE REFERRALS
Despite this modern age of marketing and advertising, the
best source of our new business is word of mouth. We are grateful
that many of our clients and friends feel confident in recommending
our firm.
Unfortunately, when many people need a good lawyer, they do
not know where to turn. If you or someone you know has been injured
and needs legal help, call us.
WHAT IS LEGAL "NEGLIGENCE"?
You may have noticed that when a big lawsuit makes the news,
the jury in the case is often asked to figure out if one of the
parties was "negligent." But just what does it mean
to say someone is negligent, in a legal sense?
The answer is that it means pretty much the same as in everyday
conversation -- that someone was careless. A basic statement
of legal negligence is that a person "did not act as a reasonably
prudent person would under the same circumstances." However,
a finding that a person has been legally negligent involves several
different elements.
For example, most people would agree that a driver who runs
a stop sign and hits a pedestrian was careless, but was he negligent?
To find legal negligence, a court must first find that the person
"breached" a duty owed to others. In our example, every
driver owes a duty to others to be careful when driving a car,
and running a stop sign violates this duty.
The negligent act must also cause damage. If the driver broke
the pedestrian's arm, this injury could mean that the driver
was negligent. Finally, the damage caused by the negligence must
have been "foreseeable." Because most people would
expect that a driver who runs a stop sign might hit someone,
chances are a court would find the driver has been legally negligent.
In real life, most negligence questions are more complicated
than this example and may be even more complicated by the fact
that sometimes more than one person was negligent. If you have
been injured and you think it was someone else's fault, give
us a call. We will make sure that you get all that you deserve
under the law.
If you are interested in receiving help on your potential
case, please click
here for free (secure online) Case Evaluation. Any initial
consultation with Brennan & Kavouklis, P.A. is free. For more information,
contact us at 813-254-7770, or by e-mail
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