What you Need to know about Medical Malpractice Lawsuits?
Medical malpractice lawsuits fall under the category of personal injury cases. However, they are quite different from other personal injury lawsuits such as an auto accident, or accidental injury due to the carelessness of another.
What is a medical malpractice lawsuit?
A medical malpractice case is when an individual suffers an injury due to irresponsible behavior by a doctor or medical practitioner.
A medical malpractice lawsuit is more complicated because it requires some knowledge about the medical procedures, etc. Besides, this is the only type of personal injury lawsuit where the individual filing the lawsuit needs to bring an affidavit from a physician claiming that the injury was caused due to the negligence of the doctor.
Medical malpractice cases are harder to prove when compared with other types of personal injury cases. Medical malpractice cases involve expenses such as paying expert witnesses to review medical records and testify in court. However, the compensation, not awarded, is much higher in a medical malpractice case when compared with another personal injury lawsuit.
You can file a medical malpractice lawsuit in the following cases:
Incorrect Diagnosis:
Early diagnosis in many critical illnesses helps cure it. However, if the doctor does not read the signs and symptoms early, the disease may grow out of proportion. Hence, an accurate diagnosis by a medical practitioner is a must. And, if he happens to err on this, he could face a medical malpractice lawsuit.
Treatment Mistakes:
Some doctors treat a patient based on superficial conditions without diagnosing the root cause for their problem and addressing them. This can lead to diseases growing out of proportion, becoming irreversible, or may even cause deaths. You can file a medical malpractice lawsuit against such doctors if you or someone known to you suffers a medical condition due to wrong treatment.
Mistakes and Errors caused During Surgical Processes:
Any carelessness during a surgical process can have severe repercussions. Whether it is major or minor surgery, the patient can suffer long-term complications or even death due to the negligence of any member of the surgical team.
Wrongful Death:
Medical negligence can cause the death of a patient. This is a very traumatic experience for the family members. The negligence of the medical practitioner needs to be proved to claim compensation in such cases.
Labor and Delivery Related Cases:
Pregnancy and childbirth in a nine-month process with critical events and even emergencies. The mother needs to be under the care of a doctor throughout the process. The doctor is responsible for the health and wellbeing of the mother and the baby when it is born. Any negligence by the doctor can lead to complications for the health of the mother and the baby. For instance, delays in delivery or emergency Sections can even lead to death. Besides, negligent delivery practices can cause severe health issues in the baby that may be irreversible in some cases.
A medical malpractice lawsuit should be represented by a lawyer who specializes in such types of cases. If you need to file medical malpractice against a medical practitioner, connect with the personal injury lawyers at Johnson & Autrey Law Firm!
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What can you Claim in Case you Suffer an Injury at your Workplace?
If you get injured at the workplace, you not only suffer the physical injury but may also lose your daily wages besides incur heavy medical expenses. Although most employers compensate for the injury from the worker’s compensation insurance, the amount is hardly sufficient to cover the multiple losses.
The best thing to do in case of such injuries is to consult a personal injury lawyer. A personal injury lawyer can assess the extent of damages and recommend a valid claim. In case you do not receive the recommended compensation from your employers, then your personal injury lawyer can prepare a case and represent you to ensure that you receive what is due.
Some of the common instances of workplace injury and what you can do:
It is possible that you might suffer an injury at your workplace because of defective products. In such a case, you can file a product liability lawsuit against the manufacturer of the product for compensation.
In case you work in an environment where you are exposed to toxic substances, your employers are responsible for ensuring your safety. However, if you were to suffer injuries because of the toxic substances, then you have the right to file a toxic tort lawsuit against the manufacturer of the toxic substance.
If you suffer a personal injury intentionally caused by your employer, you have the right to file a personal injury lawsuit against your employer.
If an injury occurs at your place of work because of the careless act of a co-worker, then you can file a personal injury case against that individual.
In case your organization does not carry worker’s compensation insurance, you can file a case against the organization in a civil court. You also have the option of collecting the compensation from the state funds.
These are some exceptions to the workplace injury rules. Your personal injury lawyer can explain what category your case falls under and the kind of compensation you are eligible for.
When you suffer a physical injury at your workplace, you need medical attention and need to rest and recoup. Under such circumstances managing all the technicalities of claiming compensation, etc. can get quite overwhelming. If you have a personal injury lawyer by your side, he will take care of all the legal aspects and prepare a case on your behalf. He will ensure that you get the best compensation.
This will help you focus on your health and recovery. You will recoup faster and will be able to resume work faster!
However, how your case is represented and the compensation you get depends entirely on the expertise of the personal injury lawyer you hire.
Johnson and Autrey Law Firm has the best personal injury lawyers in North Dakota and Minnesota. Our lawyers are certified and licensed to practice in the State, Federal and judicial courts in North Dakota and Minnesota. Our lawyers have years of experience representing clients in different types of personal injury cases with a high success rate!
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Assisting the Elderly: What You Need to Know About Elder Law?
Did you know that there is a particular type of lawyer whose main function is to assist the elderly? Not many people know this!
When you think of a lawyer, you usually think of a suit-clad person who works with litigation, corporate law, or even human rights law.
What is elder law?
Elder law covers different areas of law that affect people who are older or elderly. It also looks at issues concerning the people who take care of the elderly, and their relatives and family. It relates to their health, property, and finances.
What does an elder law lawyer do?
Elder law lawyers are those who provide legal help to the elderly for any unique issue they may be facing. This could be in terms of legal matters relating to their health, financials, mental and physical difficulties that come with aging, etc.
What are some situations where an elder law lawyer is useful?
Elder law lawyers help out the elderly in a wide umbrella of matters. Here are a few:
Elder Financial Abuse:
With old age often comes a diminished mental capacity. Some people take advantage of this to manipulate and coerce elders for their own financial gain. Sometimes these financial predators are also members of the elder’s family or their caretakers. Elder law helps protect the elder’s financial assets and makes sure that their property goes to the people or entities they want it to go to.
Nursing Home Abuse:
Nursing homes are places that are supposed to care for the elderly. Sometimes, they fail to do so by hiring less staff or lower quality amenities. This means that the standard of care given to the elderly is not up to the mark. Elder law provides recourse against this to stop the homes from taking advantage of the elder wards, and to compensate the elder for any injuries they may have suffered.
Conservatorships:
If an elderly person is unable to make reasonable decisions relating to their financials and healthcare, then they can legally appoint someone to make these decisions for them. This law provides a solution to help an elder who is unable to protect themselves.
Estate Planning:
Elder law gives elders the ability to plan their estate. This means that they can find assistance in writing their wills and appointing the people in charge of their financial and healthcare decisions. If an elder can properly plan their estates, they will not need to appoint a conservatorship. The documents that will be prepared through estate planning will give the elder all the recourse they need for their affairs to be carried out.
These are only a few areas where hiring an elder law lawyer can help. These areas also have sub-fields that have their own particular applications. It is a good idea to consult an elder law lawyer if you or an elder you may know needs to plan their estate and secure their assets.
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Steps to Follow in a Personal Injury Case
If you or your family member suffers an injury due to the fault of someone else, what will you do?
You are likely to be wondering—
Should I file a personal injury case or rush to the hospital?
Will I get compensation?
How long does the process take?
What if I am unfit to work and lose workdays?
These and many such questions might crop up in your mind leaving you bewildered in addition to the physical injury that you have to cope with! A personal injury becomes a traumatic experience because of the complexities involved.
Here’s a step-wise process to be followed in case of a personal injury:
Step 1: Get Medical Attention
Irrespective of the cause of the injury, if you suffer a physical injury, the first step you need to take is to get immediate medical treatment. You can rush to the emergency room of the nearest hospital. This will serve two purposes.
Firstly, you will get the medical care you require which will help you recover fast. When you get examined by a doctor even injuries that may not be apparent will be detected by the doctor and you will be treated for them.
Secondly, if you do not seek medical attention immediately after the injury your personal injury lawsuit will become weak because the jury will doubt the seriousness of your injury. The insurance company will try to negotiate the claim on the grounds that the injury was minor.
Step 2: Connect with a Personal Injury Lawyer
When you are the victim in the case, you may wonder whether you need to hire a personal injury lawyer or not? Engaging a personal injury lawyer is a must whether you suffer a minor or a major injury. This is because it is only a legal expert who can advise you whether your injury can be compensated or not. He can also guide you through the process. An experienced personal injury lawyer can help you determine the right amount that you can claim from the defendant in the case. It is only a personal injury lawyer who can prepare your case by collecting supporting evidence and witnesses.
Step 3: Lawyer Prepares the Case
Your personal injury will build the case based on the data he collects. He will ask you questions about the accident. He will check your medical records and bills etc. It is best to give a detailed account to your personal injury lawyer.
Further, he will assess the compensation you deserve.
Step 4: Claims
Your personal injury lawyer will connect with the lawyer of the defendant in the case to fix the amount for compensation. Often personal injury cases are settled without a court trial. However, if both parties are not agreeable to the terms, the case may be settled in court. Your personal injury lawyer will present the case in the court before a jury to get you valid compensation.
The experience and knowledge of the personal injury lawyer are very important for any personal injury case. Johnson & Autrey Law firm has a team of experienced personal injury lawyers who can help you in any type of personal injury case!
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3 Reasons Why We Need Immigration Law
It is the movement of people into a country. People could be moving into a country because they are looking to take up residence there, or because they are tourists on vacation.
What is immigration law?
Immigration law is the body of law that governs immigration in a particular country. Immigration law deals with citizens of a country who are returning from a stay abroad, and foreign nationals who are looking to enter the country. There are different laws for each of these categories.
Why do we need immigration law?
Here are three reasons why immigration law is helpful-
Terror Alerts
In the present age, we have seen higher rates of acts of terrorism across the world. Immigration laws help us to keep an eye out for terror alerts, where these acts may take place, and if the people who have committed these crimes are entering a particular country. It helps to catch purported terrorists who may be trying to flee from their crime as well. The Immigration and Nationality Act came into effect in the United States of America in 1952, although it has been modified since. The safety of the residents of a country is paramount and acts like these that fall under immigration law help maintain that.
Check on Crime
With crime and criminal activities taking place all over the world, different countries have different laws that can be used to try their citizens. These laws help determine whether a criminal is a citizen of the country and whether they can be tried under the nation’s laws. It also looks at people who have entered the country illegally, and whether their stay in the country is legally permitted. This is important for people who are coming from declared war zones or places of conflict. In an age of travel, it helps to determine the country whose laws must be used to look at crimes committed in the air, or at sea.
Control the Spread of Diseases
Diseases and illnesses can often be location-specific. They can be found in particular places because of environments, diets, or the lifestyles of people. With immigration laws, it is possible to keep a track of where people are traveling. It can help diagnose any diseases they might have gotten due to travel. It can also help control the spread of diseases across the world. Today with our global pandemic, it is very important to know where the virus could be spreading from.
Having a basic understanding of immigration law is helpful. It helps you become aware of the laws that apply to you when you leave and enter the country, whether you have any rights as a foreigner in another country, and what rights you possess as a citizen of your own country. However, if you are looking for a deeper understanding of how immigration laws are implemented it is always useful to contact an immigration lawyer. They are experts in the field, who will be able to identify what particular laws are relevant to your case, and the subtle nuances of these.
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What to do when you Suffer a Personal Injury?
When you are a victim of an accident or any kind of mishap, you may face physical injuries or even mental agony. If these are due to the acts of another individual/organization, then you can file a personal injury lawsuit.
However, not all injuries qualify as personal injuries that can be compensated. Besides, there is a time limit within which you must file the case. Also, you must know the amount you can claim against the defendant.
Many a time personal injury lawsuits are settled outside the courtroom by mutual agreement on a particular amount as compensation.
For a layman, it is extremely difficult to assess all these aspects of the case. This is where a personal injury lawyer steps in!
A personal injury lawyer will assess the extent of damage and decide whether you should appeal for compensation or not. He will collect all the information and evidence to back your representation in the case.
Often the victim of a personal injury case needs to deal with insurance companies. A personal injury lawyer understands all the terms and conditions of insurance companies and represents your best interests.
If you were to suffer a personal injury, what will you do?
A physical injury can be a harrowing experience. When you are suffering physical pain and emotional trauma, the thought of consulting a personal injury lawyer will not be a predominant one in your mind.
The first thing to do when you suffer a personal injury is to seek medical attention. Call emergency services at 911.
You also need to inform the police to lodge an official complaint.
You or your people around you can take pictures of the spot of the accident. For instance, if the injury is caused due to a car accident, you/co-passengers can take pictures of the vehicle that caused the accident, make a note of the registration details of the vehicle that caused the accident.
It is recommended that you engage a personal injury lawyer as fast as possible. This is because he is an expert in the field who can collect all the evidence and other data required to substantiate your claim. Engaging a lawyer also reduces your stress and makes it easier for you to recoup. When you hire a personal injury lawyer, he will do all the legwork while you can rest and recover from your injury.
The lawyer will ask you questions and collect all the relevant data and sue the defendant(the person responsible for the injury).
If possible, the case will be settled outside the court and you will receive the required compensation. However, in case both parties do not agree to the terms of the settlement, a court case is required. In the court, both the attorneys will present their case in front of the Judge and the jury. And, then the case will be settled.
For the best personal injury lawyers to represent your case, connect with Johnson & Autrey Law Firm! Our experienced team of lawyers will ensure that you get the best compensation you deserve!
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Get the Most Out of Your Personal Injury Law Suit!
Do you want to get the compensation you deserve from your personal injury lawsuit? We guess that you probably do. How do you do this? This article will help you make sure you are getting the most from your claim.
All personal injury law cases are different. While there may be quite a few similarities, the laws regarding these cases vary depending on the state you live in. You should make yourself aware of how your particular personal injury claim can be defined, and what kinds of compensation you’re entitled to.
Defining Your Type of Claim
By Torts
Three types of torts are generally taken into consideration when defining personal injury law cases.
Intentional Torts
The name explains what kind of activity falls under intentional tort law- acts that are committed intentionally. If someone has wronged you, while knowing full well the consequences of their actions, then you could claim an intentional tort against them. Assaults, physical abuse, mental abuse, and bullying of various kinds are all acts that you can claim an intentional tort against.
Negligence Tort
Most personal injury law claims are filed under negligence law. Negligence means that someone has neglected to act in a reasonable and/or responsible manner. For example, if your landlord is aware of a pipe that has burst in your apartment, but has not called in the plumber to get it fixed, then he has been negligent in his duties to maintain your house. The claim you have will likely fall under negligence tort law.
Strict Liability Tort
If you are faced with a situation where you have been harmed by someone else, your claim may fall under strict liability tort. The person who has harmed you is usually considered guilty because you have been personally injured by their action(s). Claims of not being aware of the consequences do not hold up in court in these types of cases.
Professional Malpractice
You can also be a victim of a personal injury case through professional malpractice. In this case, your claim would be defined as a malpractice suit. For example, if a medical practitioner fails to give you adequate health care, then you file a malpractice suit against them.
Product Liabilities
If you are sold a defective product then you can claim personal injury under product liability. This means that you will be fairly compensated for being sold faulty goods. Often, however, you would not reach the stage of filing this claim as brands would try to compensate you themselves to hold a good public relation standing.
Transportation Law
Sometimes your personal injury may result from a form of transportation such as automobiles, trains, aircraft, etc. This type of personal injury is typically defined using transportation laws.
If you are unsure about how to define your particular case- don’t panic! That’s what personal injury lawyers are here for. As experts, they will help you define your case, and they will make sure that you get the compensation you deserve.
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Looking to Hire a Personal Injury Lawyer? Have You Considered These Things?
If you have been in a situation where you have faced personal injury, like for example, an accident, you may want to consider hiring a personal injury lawyer. They can help by representing you in a court of law, and securing some kind of compensation for the injuries that you have faced. But before you go into that, you have to choose a lawyer to hire.
Here are some things you should consider when you hire a personal injury lawyer:
Do you have a case that can be tried under personal injury law?
Lawyers can be quite costly, even for just a consultation. You may want to look over your case and talk to friends and family to examine the circumstances before you choose to consult with a lawyer. For example, if a bicyclist hits you on a busy street while you are walking and you only sustain a very minor bruise, then your case is probably not strong enough to hold up in court. But, if someone hits you with a car leading to several broken bones, then you may have a case. If you have looked through your situation and still feel that you need a lawyer, then visit an office that practices this type of law.
Does the lawyer you want to hire have adequate qualifications and experience?
Not all lawyers have the same amount of experience or qualifications. It’s a good idea to look at how many cases a personal injury lawyer has dealt with, and what kinds of cases these are. Remember that there are different kinds of laws that will apply to you based on your situation, which means that you should look for a lawyer who has represented similar interests before. Someone who has been practicing personal injury law for a long time is a good candidate to hire. Referrals are a great way to find a good lawyer; ask your friends and family if they know of any personal injury lawyers that you can look at.
Does the lawyer you want to hire have a good success rate?
Now the lawyer you want to hire may have lots of experience and may have fought many cases in court. But how much does that experience count for if they have lost all their cases, or have only won a very small number? It would be a wise decision to hire someone who has won most of the cases they have handled.
Do you have the budget to hire your lawyer?
Probably one of the most crucial things is whether you have the budget to hire your lawyer. Top-notch lawyers are the most expensive, but your case may not be big enough to need their services. Personal injury lawyer services can be expensive, but a bit of research can help you find a lawyer with enough experience to take on your case and who is also affordable.
To put the process of hiring a personal injury lawyer very simply, it requires- asking for references, reading reviews, doing a bit of research- and you will be able to find a lawyer who is the perfect fit for your case!
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How Hiring a Personal Injury Lawyer can be Beneficial for You?
Personal injuries are quite common, and anyone can face them at any time. There are several causes behind falling victim to personal injuries. According to the World Health Organization road accidents alone are responsible for injuries suffered by 20 to 50 million people all over the world! If you have suffered a personal injury, it may be wise to consult a personal injury lawyer.
What does a personal injury lawyer do?
Personal injury lawyers provide legal services to people who claim that they have suffered a physical or psychological injury because of the negligence of another person, company, government, or any other entity.
When would you need to hire a personal injury lawyer?
It might benefit you to consider hiring a personal injury lawyer in the following cases-
Car Accidents
Car accidents are the cause of many injuries, which can be of varying degrees based on the severity of the accident. You could end up in an accident because of the negligence of another driver, or a fault in the model of the car you may be driving.
Medical Malpractice
In some instances, you may find yourself checked in at a hospital to treat sickness or injuries, but the care given to you may not have met the requisite standards. This could be in terms of a misdiagnosis or overlooking of symptoms.
Defective Products
You can also find yourself using a defective product, whose defect resulted in some sort of injury to your person. A personal injury lawyer can help in these cases as well.
There are a few other instances as well such as slip-and-fall cases, and construction accidents where you might consider consulting a lawyer.
Benefits to hiring a personal injury lawyer
Experts at tort law
Through tort law, people filing claims can receive some form of compensation for the injury they have faced. Having an expert in the field will help anyone filing a claim receive the best possible compensation outcome.
Insurance law
A good personal injury lawyer knows the insurance laws of the state and the country. They will be able to help you navigate the laws governing insurance claims, and which laws may be applicable for your case.
Value of Injury
Personal injury lawyers are aware of the approximate values of injuries. This means that they will be able to help you figure out exactly how much you can receive should you file a claim. Hiring an experienced lawyer also means that insurance adjusters and defense lawyers will not be able to misrepresent the value of personal injury claims.
Trial in Court
Also sometimes called “trial lawyers”, personal injury lawyers will help you fight the case in court if need be. They will be able to advise you on whether a claim is better settled out of court or fought in a trial. This will also ensure you get the maximum amount of compensation that would be possible.
Since there are several ways in which you might face personal injury, it is important to make sure that you are hiring the right lawyer with the right expertise to help your case. They can help you win your case and secure your fair compensation, and therefore it is important to have a good personal injury lawyer.
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What to Do Next If You are Caught Up in a Motorcycle Accident?
With the increase in the number of automobiles these days, accidents have become quite common. Be it a car accident or a motorcycle accident, it can leave the victim with severe injuries. In a motorcycle accident, the injuries are more severe because less protection is offered to motorcyclists. Traumatic brain injury, road rash, spinal cord injury, and internal bleeding are some of the most common injuries experienced during motorcycle accidents. This can further result in medical debt and lost wages. But is there any way to make this situation less stressful? Well, hiring an attorney will not lessen your physical pain but he will help you seek compensation for your loss.
Let’s take a look at the steps that should take following a motorcycle accident:
Ensure Your Safety
One of the foremost steps is to make sure that the people involved in the accident are safe. If you find anyone severely injured, call 911 immediately. In case you are unconscious or need immediate medical attention, the second party will call 911 on your behalf. This way ambulance would take you to the hospital. In case you have another motorcyclist with you, you should ask him to stay where the incident happened, to collect evidence if that’s possible.
Contact the Police
Some people will ask you to avoid contacting the police, but that’s not a good idea. You should always contact the police and file a police report, as this will create solid evidence for your case.
The police officer will contact all the involved parties to investigate the case, and to find evidence and witnesses. All this can be really helpful in filing a lawsuit related to the case.
Exchange of Information
Once you file a police report, it will take some time to start the investigation process. You need to fill this gap and utilize this time to exchange information with the parties involved in the accident. In this way, you’ll get the information related to the insurance and the contact information of the parties involved in the accident.
Taking Pictures can be Beneficial
A picture can exactly depict what all happened at the scene of the incident. It can act as concrete evidence for your case. For example, the vehicle involved in the accident may have some marks behind it that depict that the vehicle stopped abruptly. Taking pictures at the scene of the incident can be very helpful in collecting evidence against the culprit.
Contact the Witnesses
Once you have talked to the people involved in the accident, it’s time to speak to the people who may have witnessed the accident. Collect their contact information and names, and motivate them to speak to the investigating officer in charge of the case. If they aren’t ready to speak in front of the investigating officer, ask your attorney to contact them to get their statement.
Seek Medical Care
Even if you aren’t severely injured, you should seek medical care. In case you fail to do so, then your insurance companies will indulge in an argument with you that your injuries are not severe, resulting in the rejection of your claim. Also, some injuries like whiplash, internal bleeding, concussion, etc. worsen with time. That is why it is important to seek medical care immediately.
If you have been involved in a motorcycle accident, then a personal injury attorney can help you. At Johnson & Autrey Law Firm, you’ll get experienced and knowledgeable attorneys who will handle your case in the best possible way.
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