Just because a doctor or hospital makes a mistake does not mean you have a right to an injury claim, but there are some mistakes which simply are too big to ignore. This post highlights 5 common mistakes you may have a right to sue for.

Misdiagnosis
If you are diagnosed with an illness late, or if a family member is, this is valuable time being lost. Misdiagnosis and delayed diagnosis, though seemingly just mistakes, are potentially personal injury claims. If you are given the wrong diagnosis and are being treated incorrectly, you also have many options. Clearly these mistakes could cost you or a family member in a big way.

How do you file a claim? Your opinion on the mistake is small; what matters is what a more competent doctor would have done. If you can prove a more competent doctor could have diagnosed the injury or illness sooner, you can file a claim. Also, during the case, expert witnesses proving your point could make the difference. These things can take time and may seem out of reach, but if you’re unsure, you can ask an experienced personal injury lawyer.

Childbirth
There are more childbirth problems than need to be. Unfortunately, mistakes are also made before and during childbirth. For example, negligent prenatal care — before the child is even born — can have grave consequences on the child. This could include problems the mother is having prior to birth, and how they were diagnosed and treated. Once in childbirth, there are a variety of mistakes which too often occur. This includes not being ready for a larger child or simply not responding to infant distress.

How do you claim childbirth wrongs? Again, you need to have both proof a competent doctor could have done better, and expert witnesses backing this up.

Medication
Medication errors effect over 1 million people every year. Some can be life threatening … some can injure you physically or mentally and lead to a hospital stay … and sometimes they can cause lots of discomfort before you find out what the problem is. If the doctor makes mistakes in type of medicine, dosage, and its effects on you,you have the right to an injury claim in many cases.

Surgery
Surgery mistakes are not common at all. Most doctors are very skilled when it comes to the operating table. Still, mistakes aren’t always made by the doctor, and sometimes overworked doctors with expert training can make seemingly small but very dangerous mistakes. For example, your doctor may operate on the wrong injured leg; sadly, it happens. Or while operating they can puncture internal organs.

Anesthesia Errors
Anesthesia errors are far more common then surgery errors, and can be just as dangerous. Improper use of anesthesia — in terms of amount and the time period — can lead to permanent physical injuries, such as to your brain or heart.

Filing personal injury claims against doctors and hospitals may seem to be wrong as they’re the ones trying to help you, but when it comes to your needs and rights, sometimes you have no chance. If you feel a doctor or hospital made a mistake in diagnosing and treating you, you have the right to an injury claim and should speak with a personal injury lawyer.

This post shows you what  a wrongful death claim is, who can file, how to hire an attorney, and what to expect in terms of compensation.

What is a wrongful death claim?
Wrongful death occurs when someone dies because of another  person or entity. By entity, we mean a company or organization. Perhaps  the hospital your husband was staying at made key mistakes which cost him his life … or your car had a fault in it leading to a tragic accident … or another person is at fault for a death because of drinking and driving. There are many cases where a wrongful death claim  can be made beyond those too.

So you understand the basics, that wrongful death occurs when a loved one is killed because of the actions of someone else.

Every state in the country has some kind of wrongful death laws, though they are different. It’s wise to seek professional counsel if you’re certain you have a wrongful death claim;if you’re not sure, an experienced lawyer can help.

Who can sue?
Who is allowed  to file for wrongful death? Most common is family filing for it. A claim will be filed by a representative on behalf of the family. Most common is immediate family, but also life partners, financial dependents,and putative spouses. All states allow for  immediate family, such as a son or husband, to file. Some states also allow life partners to file a claim. The laws can be different from state to state. Also, if you are dependent on someone for your income or to take care of you, some states allow for a wrongful death claim. In any case, you’ll be working with a representative who will serve you as a party of interest. A representative is usually the executor of the estate for the person who died.

Who can be sued?
There are many options for wrongful death claims. For example, if you’re husband was killed in an automobile accident, perhaps the other driver had been drinking or made a serous mistake, you can prove fault with the driver.  You might also sue the employer at fault for an automobile accident, such as a semi-truck driver’s employer. Or if a car had a a defect, you can quite often sue the car manufacturer if it cost  a life. In some instances, you may also sue hospitals for wrongful death. Car accidents are very common, but they are not the only claims allowed.

How will they pay?
Certainly, there are emotional and economic damages involved in a wrongful death claim. While it may seem insensitive to go over the value of a person who didn’t need to die, it’s right  to do so. The people who hurt you must pay for what they’ve done. In wrongful death claims, there are economic, non-economic, and punitive damages. You could have a right to lose wages, hospital bills and more. For non-economic, you may feel the need for psychological help because of grief, and these can be covered. Punitive damages occur when the mistake clearly didn’t need to happen, when it was a very grievous error.

The actual amounts  of wrongful death claims can vary. It’s wise to hire an experienced attorney to fight your case. Not only will your attorney fees be covered in the final settlement, but you’ll also have someone who can increase the final settlement and punishment.

Medical malpractice caused by negligence by the doctor or other hospital staff can often lead to a personal injury claim. Mistakes are made in hospitals every day. However, because conditions, diagnosis, and treatment are difficult is never an excuse; some mistakes should never occur and if they do you have a legal right for compensation. After all, if you are prescribed a medicine it’s known you’re allergic too, if the doctor botches the job while operating on you or a loved one, or if a variety of other accidents occur, you have clear rights.

What can happen?
A doctor can fail to diagnose you correctly. In this instance, the doctor may have made a mistake in treating you or medicating you.  The proof is that a competent  doctor would not have made the same mistake. There are many ways  for this to occur, but if you feel the doctors failed to properly treat you–that they could have done much better–you quite often have an injury claim and right for compensation.

Second, improper treatment by your doctor can occur if the doctor makes clear mistakes that an experienced doctor would not make. After the diagnosis comes the treatment, and if either fails, you should contact a personal injury lawyer.

Third, you should know all the  risks involved in any treatment. For example, if you are given are treated in the hospital and are not told how it might make you feel sick or constantly dizzy, you have a legal right to address this. You should know all risk before any treatment is given.

There are many other situations where medical malpractice is a problem, but these are the most common. If a doctor doesn’t diagnose you correctly, gives you inadequate treatment, and/or fails to tell you of potential risks, you often have the right for a claim.

How do you claim injury?
Different states have different requirements for medical malpractice cases. Most laws state you must be prompt in bring the claim against the doctor; however, you still get 6-12 months in most cases. That should give you enough time to research your rights, hire a personal injury lawyer, and file the malpractice claim.

In some states, you also have to submit to a malpractice review panel. Here is where you’ll argue your point, give evidence, and use witnesses before the suit can be continued. Still, not all states do this. If yours does, you definitely should consult with a personal injury lawyer.

Still other states require that you give the doctor notice you’ll be filing a malpractice claim against them. And most states will not base their decisions solely on your testimonial or even the doctor’s; outside experts must be used to effectively win a medical malpractice claim.

What’s the first step?
You need to first consult with a personal injury lawyer in your state. One of the best ways is to look on sites and local law directories. Don’t hire the first lawyer you find, but don’t wait too long either. Look for one experienced in injury law, and in this case one who understands medical malpractice laws in your state (be sure to ask).

Sometimes the truth hurts, and unfortunately, it all too often costs you time and money. When it comes to personal injury law, you’re always walking a fine line. You have to speak with a lawyer, a judge, insurance companies, and more. That makes it next to impossible to get through it unscathed … unless you know exactly what you’re getting into when you file a claim. Many myths spread as fast as viruses, but just as many can be seen for what they are.

Myth 1 – You have to sit in court and answer questions.
The good news is, you don’t. Most claims are handled far before they enter a court room. If you fear having to sit in front of a judge while being asked personal questions on the nature of your cliam, worry not. The majority of personal injury cases are settled far before you have to step into a court room.

Myth 2 – You paid the insurance, and the insurance company will pay.
Insurance companies are pretty much what you see in books, magazines, and films: businesses. They are looking to cut down on claims, save money, and make money. It would be wrong to say “all insurance companies are dishonest and cheap” but the point is the money. If they feel they can beat you, they may try to. If they can’t, they’ll try to settle out of court. Why? Once you enter a court room, legal fees start and that costs lots of money ever hour.

The sad news is you have to fight for your right to the claim in most cases. If you were hurt during work, for example, rarely will the insurance company just give you money; when they do, you’ll have won the case.

Myth 3 – Filing  personal injury claims is easy.
Personal injury law is a science as demanding as any field. You need an experienced lawyer to help you fight for your right to a claim. If you’ve ever heard of people dying and being denied claims, of families going into bankruptcy because they could not win, that’s the sad part of this field. However, it need not be that way. If you hire an experienced personal injury lawyer, you can win this fight.

Myth 4 – You must appear in court.
As stated, you often don’t have to appear in court . If being questioned in front of a judge about your condition worries you, it’s often needless. Your attorney and the insurance company will almost always settle out of court.

Myth 5 – Big companies always win.
Big companies have big pockets and are often considering their good name when it comes to a claim. If you were hurt while working, feel wronged by a company, or something else happened to you or your family member, that most often gives you the right to go after suitable recompense. Big companies can hire expensive lawyers, but these “expensive” lawyers will rarely appear in court because it simply costs too much. If they do, it does not mean you will lose or be bulled, especially if you hire the right attorney.

Myth 6 – Your lawyer takes all the money.
Yes, there are cases where settlements just cover legal fees, including personal injury claims. However, since most claims are settled out of court, if you have a good case, you most often win money. The lawyer can be expensive, but he or she can also create results. Some lawyers understand families cannot afford high hourly rates, so they take a portion of the settlement. This saves you money and gives the lawyer the desire to win big.

You’ve been hurt at work. First, always go see a doctor. You need proof that you’ve been injured; if at work or if somewhere else. You also need to find out if this will be a long term or short term injury. For example, if you were driving a semi-truck as your occupation and the wheels lost traction in the snow, causing you to break your leg severally in the accident, this could be a long term injury. If on the other hand you slipped on a wet spot while walking into your office, that may be a short term injury.

Either does not necessarily mean you have a personal injury case, but no matter if the injury is minor or major, you need to know your rights. If you were injured at work, you may fear complaining about it. If this injury impacts your ability to work and enjoy life, you do deserve some form of monetary compensation if a party is responsible.

What if it’s a long term injury?
If you suffered a severe injury or were permanently disabled by the accident, this is a long term injury you simply must look into. Beyond paying your medical bills, the company insurance carrier should offer you some help in readjusting; actually they should offer a lot of  help.

If it’s a short term injury, is there no chance for financial help?
You still have a very good chance of getting monetary help even for minor injuries. In some cases, it might effect you mentally which can make a big difference. Just because you “only” broke your leg does not mean you have no options.

Do you need a lawyer?
If you are severally injured at work and you are having trouble working with insurance companies, you likely do need a lawyer. Even for minor injuries a lawyer can help. You must first assess the overall severity of the injury, and be able to prove this in court. An experienced personal injury lawyer is very often worth his or her weight in gold. In most cases, you never even go to court; usually an out of court settlement is reached because that’s much cheaper for the insurance company.

The old story is the lawyer takes it all, but if you win in court or reach a settlement, depending on the severity you will be compensated for the future.

What if you don’t get a lawyer?
It would be wrong to say in all personal injury cases, either at work or somewhere else, you must hire a lawyer. However, it greatly increases your chances of winning. If price is an issue, many lawyers are willing to take money if the settlement occurs. You do not have to hire a lawyer, but the insurance companies are trying to save money, not spend money, and they may hire professionals to prove their case. Likely, you should too.

If you’ve been in an accident before, you likely know how scary the time can be. After all, you might have been hurt, or were hurt; the other driver may have been hurt also. So the question arises: who was at fault for the accident and how can it be proved? Here are some tips.

1-Write Down Everything
To prove fault, you need to be clear on the details. If you were in a head-on car accident, or similar, it will of course be tough to just grab a pen and pad. In this case, worry about your safety. If you and the other driver are not in danger, write down everything you can about the accident, your injuries, the effect on your car and the other driver’s car, and also how the accident occurred.

2-Write Down Details of Accident
You want the details of the accident down immediately because if you wait you can lose important details. The more details you have on 1) how the accident occurred, 2) your role, and 3) the other drivers role can greatly impact your rights in personal injury.

3-See what if any injuries you have
In writing down everything, be clear on your injuries. And don’t just think physically; you might experience other mental effects after an accident. Be certain to write these down. If the accident was traumatic, that’s important.

4-Time Lost
Now it’s time to fight the case with your notes. How much time was lost by you getting into an accident? Did it several hamper your ability to work? Did you miss an important meeting or class? These things may seem minor, but do have an impact if you want a personal injury claim based on economic impact.

5- Know the Basic Rules
Here’s how the rules usually go. The basic rule can be somewhat confusing: whoever was the most careless pays the most. Or, the one who was most careless pays more than the one who was less careless. It sounds funny, but this is about legal liability, and carelessness is a big factor.

6-Insurance
If you can prove fault, you can reach an out of court settlement or win in court. You likely want to get a settlement before court; it will save you lawyer fees. And the insurance company wants to make a settlement out of court too, because going to court can be extremely expensive. Use that to your advantage. If you can clearly prove you were not at fault, were the least careless, you can get compensation. You should still hire a professional injury lawyer, as these things can be very complicated. Hiring the right one ups your chances of a big settlement.

Texas roadways are busy with traffic, especially semi-trucks, making long drives through cities such as San Antonio, Austin, Fort Worth and Dallas. If you have been injured in a car accident and are suffering from a serious car accident injury, a Texas car accident lawyer can help.

Can I file a car accident law suit in Texas

Texas is a tort state, and drivers who are injured in a car accident from another driver’s negligent actions can file a car accident law suit. Texas drivers can only win a car accident law suit if they can prove the other driver was negligent and breached their duty of care with their unreasonable actions. Negligent driving can include speeding, drunken driving and running a red light. The plaintiff must also prove the negligence contributed to the car accident and caused them injury or loss. Loss can be economic or non-economic. If the plaintiff wins their car accident law suit they may be awarded the following types of car accident injury compensation:

• Paid medical care for current, future and past medical expenses
• Payment for property damage
• Compensation for pain and suffering
• Punitive damages- if the defendant’s actions are unlawful and egregious
• Compensation for lost wages (current and future)

Personal injury claims or car accident claims must be filed within 2 years from the date of injury (with some exceptions). Texas also uses the modified comparative fault rule which means if the court determines the plaintiff is more than half responsible (51%) for their car accident they can not recover damages. If they are less than 51% responsible, they can be awarded damages, but damages can be reduced by the amount of their guilt.

Do I need Texas car accident lawyer?

Texas drivers who have been involved in a car accident with no car accident injuries and very little property damage may be able to get enough compensation from their PIP coverage or easily settle their car accident claim with the insurance company. If however, you have car accident injuries which are not covered by your PIP policy, or if your car accident injuries were caused by another driver and you are in dispute with the insurance company over the amount of compensation you should be paid, a Texas car accident lawyer can help.

Car accident insurance in Texas

Texas car insurance laws require Texas drivers to purchase the following types of car accident insurance:

• Liability Coverage which pays for the expenses of other drivers or occupants who are injured in a car accident. Payment is made up to your police limit and provides compensation for medical care, funeral costs, pain and suffering and lost wages. Car replacement coverage and punitive damages (if awarded by the court) are also paid. $20,000 of liability coverage must be purchased for one person, $40,000 for more than one person and $15,000 of property replacement coverage.

Texas is considered a tort state, but no-fault car accident insurance can be added on as additional coverage.

• Personal Injury Protection (PIP) coverage, if it is added on to your car accident insurance coverage, provides medical payments, 80% of your lost income and replacement service benefits. Texas insurance companies must offer a minimum of $2,500 of PIP insurance coverage but more can be purchased. PIP coverage must be rejected in writing if you do not want it.

The following types of coverage are not required, but if purchased, may offer your family additional car accident insurance protection.

1. Uninsured/Underinsured Motorist (UM/UIM) Coverage is also available to pay for expenses from an accident caused by an uninsured or underinsured motorist. Uninsured/underinsured motorist coverage pays for medical costs, lost wages and pain and suffering and property replacement if you have been injured or involved in a car accident caused by a an uninsured motorist.
2. Collision insurance can also be purchased to pay for the cost of repairing your car regardless of who caused the accident or who was driving your car. Comprehensive coverage can also be purchased to repair your car if it is stolen or damaged by hail or fire.