Injured - The FindLaw Accident, Injury and Tort Law Blog

September 2015 Archives

Certain diabetes medications can result in diabetic ketoacidosis, a condition of too much acid in the blood. Some users of SGLT2 inhibitors have developed ketoacidosis, which can be accompanied by insulin deficiency, hyperglycemia, and dehydration.

These conditions can be painful, and treating them can be expensive. If you've suffered from diabetic ketoacidosis due to SGLT2 inhibitors, you may have an injury claim. So what does a pharmaceutical injury claim look like, and where do you go for legal help?

Workers’ compensation insurance is designed to pay for time lost due to workplace injuries. But with advances in technology, the workplace has expanded to cover far more territory than the office.

So what happens if you’re injured while working from home or on the road? Can workers’ compensation cover injuries suffered while telecommuting?

Teacher Torts: Are Educators Liable for Student Injuries?

Teachers are responsible for children’s education. But are they legally liable when a child is injured at school on their watch?

Well, it depends on where and how the injury occurred, the teacher’s actions or inaction, and the evidence on the whole. Just like anyone else, teachers are only responsible for torts if all the elements of negligence are proven.

As spectacular as fall can be, for some it’s merely a countdown to winter: short days, long nights, little sunlight, and a lot of cold. Sufferers from seasonal affective disorder (SAD) are especially dreading the coming months, when difficulty waking up, lack of energy, and dietary symptoms make winter anything but a wonderland.

Obviously these symptoms can affect how we work, and sometimes whether we can work at all. But does that mean you can get disability benefits for seasonal affective disorder?

Do You Walk and Text? Research Shows the Dangers of Distracted Walking

You know better than to text while driving, but what about when walking? Distracted walking accidents are reportedly on the rise. Petextrians — pedestrians who text — are partly to blame.

Pedestrian injuries due to cell phone usage are increasing. As we become ever more reliant on the technology, researchers are focusing on unfocused walking.

An amphibious Ride the Ducks tour bus collided with a charter bus on Seattle's Aurora Bridge yesterday, killing four students and critically injured 15 more people. Witnesses reported seeing the duck boat swerve into another car before hitting the tour bus head-on. The students were from North Seattle College's international program, and were part of an orientation group heading to tour Safeco Field and Pike Place Market.

A total of 51 people were treated for injuries in local hospitals. Though the cause of the collision remains unknown, traffic safety on the narrow, median-less bridge had been a topic for concern for local officials and the National Transportation Safety Board has begun an investigation.

Hardee's Exposed Thousands to Hepatitis; Customers Bring Lawsuit

Hardee’s customers exposed to Hepatitis A Virus (HAV) at two South Carolina locations are suing the burger chain, the Food Poison Journal reports. The class action lawsuit was filed on behalf of thousands of people treated for Hepatitis after eating at Hardee’s restaurants with an infected worker.

Earlier this month, on September 17, the state’s health department learned that a person infected with HAV was working at two of the chain’s locations and issued a public health warning. As a result, nearly 4,000 individuals received post-exposure treatment, including the class action lawsuit’s lead plaintiff, Cody Werkmeister.

Who Pays for Rescue Costs?

Whether you’re hiking in the wilderness or skiing in the backcountry, there’s always a chance you can get into trouble. Thankfully, most counties and states have search and rescue personnel that can help.

But these rescue efforts — which can include boats, helicopters, and a significant number of professionals and volunteers — can be costly. So who foots the bill when someone needs to be rescued?

For patients suffering from a serious risk of pulmonary emboli or acute deep vein thrombosis, insertion of an inferior vena cava filter to prevent a blood clot from blocking blood flow to the lung can be life-saving. But that doesn't mean IVC filters are without risk.

The Food and Drug Administration has documented hundreds of adverse events regarding IVC filters, due mainly to leaving the devices in long after they are needed. So are IVC filters worth the risk?

Cycling in the city is dangerous. Not only do bicyclists have to be aware of cars and pedestrians, but they have to be hyper-aware of that point when car drivers are about to become pedestrians.

Any person who has spent time biking in an urban setting has a story of almost or actually getting “doored” — colliding with an open car door as you cruise along a line of parked cars. So whose fault is it when a cyclist gets doored? The biker? The driver? What if it’s a passenger? Let’s take a look:

We tend to think of hospitals as places we go to get well. Unfortunately, that's not always the case. And if you've suffered from substandard care in a hospital, you may be wondering if you can sue the hospital.

Hospitals that fail to provide patients with a standard of care can be sued for negligence. They can be held directly liable for their own negligence, but could also be held vicariously liable for the negligence of their employees. Here is what hospital negligence looks like:

Inmate Wrongful Deaths: Suing for Neglect or Abuse in Jail or Prison

Family members of inmates who die while serving time due to abuse or neglect can sue for wrongful death. Who can family members sue and what damages can be recovered? The answers to these question depend on the type of institution where the inmate was held, the manner of death, and certain statutory considerations.

Systems of incarceration are deliberately confusing and you will need an attorney. But there are some basics to understand in advance of a consultation that will help you understand your legal options. Your lawyer will ultimately help you determine the best course of action.

First Steps If You're Fired After an On-the-Job Injury

You cannot be fired for getting injured on the job and filing a workers’ compensation claim. But you can be fired for other reasons. All the boss has to do is present that termination in legal terms.

Your employer may say your dismissal is based on poor performance or financial difficulties, and that is technically permissible. Your employer simply cannot blame the firing on the injury. At-will employees can be terminated at any time as long as it is not a discriminatory or retaliatory act. Still, if you are fired and it smells fishy, you should do something about it.

Injured by Diabetes Medication?

It's hard enough dealing with your diabetes. But now you have to worry about side effects from your diabetes medication?

The FDA has received numerous reports of diabetes patients treated with SGLT2 inhibitors who developed ketoacidosis, which can be accompanied by insulin deficiency, hyperglycemia, and dehydration. The negative side effects sometimes resulting in hospitalization. So what causes this, and what can you do about it?

Recovering Damages After Wildfires

Residents of Lake County in Northern California have been chased out of their homes by an inferno that has blazed for days and continues to threaten the region. As flames raged, people were forced to abandon their most precious possessions -- and even pets -- in fear for their lives. Meanwhile, local vineyards and farms went up in smoke, leaving some without homes and even without jobs.

The destruction wrought by wildfires in Northern California is impossible to calculate emotionally and difficult to put a dollar sign on. Firefighters now estimate that almost 600 homes have been destroyed in the recent Valley Fire.

Everyone with a driver's license started out as a novice at some point, so it's easy to have sympathy for student drivers -- even if they are, by definition, threats to the safety of our roadways. But even if we sympathize with student drivers, do we hold them accountable for accidents?

Most car accidents come down to everyone's insurance policy. But if insurance doesn't step in, then what?

Disrespecting Our Elders: Who to Call for Elder Abuse

Stealing candy from a baby may be easy but abusing the elderly is more profitable and unfortunately very popular. Despite the universal admonition that we must respect our elders, people of advanced age are abused across cultures and classes in the United States. The US Department of Health & Human Services estimates that one in every ten elderly Americans is mistreated by loved ones or strangers.

Elder abuse takes many forms — including financial, mental, physical, and sexual — and can be domestic or institutional. Although state statutory definitions vary, the term “elder abuse” refers to the mistreatment or exploitation the old — meaning a person aged 60 or 65 and above. Elder abuse applies to a wide range of ills with varying degrees of severity. Abuse is everything from abandonment or neglect of older parents by adult children to misallocation of funds or property by a professional. If you suspect it is happening, it is important to report it.

You don’t need to Google “school bus crash” to know that the buses we trust to take our kids safely to school don’t always have the safest trips. The National Highway Transportation Safety Administration (NHTSA) estimates there were 1,214 fatal crashes involving school transportation vehicles from 2004 to 2013, averaging 134 fatalities each year.

What do you need to know to keep your children safe on school buses? And what should you do if your child is injured in a school bus accident?

According to the Centers for Disease Control and Prevention, over 200,000 kids are injured on playgrounds each year. About half of those injuries are serious, including bone fractures, internal injuries, and concussions, and 67 percent involved falls or equipment failures.

So who is responsible if your child is injured at school because of faulty or unsafe playground equipment? Here are a few considerations:

Can I Get Federal Disability Benefits With Cancer?

If you or someone you know is diagnosed with cancer, the last thing you want to worry about is administration and bureaucracy, bills and money. But the ill especially need financial support, and Social Security Disability Insurance does compensate cancer victims who cannot work.

Not all cancers are created equal in the public disability scheme, however. Some types — such as inoperable breast or bladder cancer — require only a simple diagnosis to quickly qualify for compensation whereas others only qualify depending on the extent of the disease’s progress. That said, anyone who has paid into the social security system and is unable to work due to disease is eligible. Often, hiring a lawyer to assist with the claim is worth considering as the SSDI application process is arduous.

The City of Baltimore has reached a tentative $6.4 million settlement agreement with the family of Freddie Gray. Gray died in April after suffering a fatal spinal cord injury while in police custody.

Baltimore has already paid a total of $5.7 million to settle more than 120 police brutality lawsuits since 2011, and the latest payout would be approved just days before another pre-trial hearing in the criminal case against the six officers charged in Gray's homicide.

While most people may remember Ralph Nader for his quixotic presidential campaigns, the lawyer and political activist has been fighting as an advocate for consumer protection and environmental causes most of his life.

Now, after a decade of planning, Nader is nearing his goal of opening the country’s first law museum, focused on injury lawsuits. The American Museum of Tort Law plans to open its doors next year in Nader’s hometown of Winsted, Connecticut.

Enjoying the great outdoors, while also possibly bagging dinner, is a great American pastime in many parts of the country. But every now and then, a hunting expedition goes awry and someone ends up injured.

From falling on someone else’s property to having a rifle misfire, hunting can be dangerous even for the most responsible hunters. If you’ve been injured while hunting, when and whom can you sue for your injuries?

It all depends. That’s the standard and most honest answer for just about every legal question, and nowhere is it more true than when it comes to injury settlements. The severity of the injury claim, the time passed since the injury, and the forum for settlement negotiations are just some of the myriad factors contributing to the time it will take for a settlement to be finalized.

Besides, both parties must first decide they want to settle, as well as the exact amount of the settlement and any other liability agreements. No two injury cases are the same.