Hit and Run Accident

Individuals leave the scene of accidents for a variety of reasons. A driver could be intoxicated, an undocumented alien, or just an individual...

Hit and Run Accident Hit and Run Accident

Can a Good Samaritan sue a person they rescued?

David Kelley and Mark Kinkaid were driving in Marion County, Ohio, in March of 2009, when they saw a car bumper lying in the middle of the road. Gray smoke was wafting towards them. Something was terribly wrong. Kinkaid stopped the car, and two men jumped out, running towards the smoke. They jumped a fence, pushed aside brush, and slid down the embankment as they reached a flaming Hummer.

Kelley heard a woman screaming, “Help me! Help me!” The two men ignored the flames and smoke and forced their way into the vehicle, smashing out the window with a tire iron. The two men struggled eventually pulling out Theresa Tanner, saving her from a torturous death.

Kelley stayed behind to continue searching the SUV because he saw a child’s car seat in the back and worried that a child was still inside. Kelley claims that much of his body hair was burnt and his cell phone melted inside his pocket. Thankfully, there was no child in the back; 26 year-old Tanner was alone in the vehicle. That was over two years ago. Today, they are both suing Tanner claiming that the wreck was her fault, and they have suffered injuries as a result of rescuing her.

Both men filed a lawsuit in Marion County claiming damages of at least $25,000 each. “All I know is that I am not the same man I used to be,” said Kelley, a 39 year-old father of five. He went on to say that his lungs were badly damaged from the fire and heavy smoke he inhaled during the rescue.

Kelley also claims to have bad memories. “What I saw that day, that woman, it haunts me. The flames were so hot, when we got to her, her hair was melting to her head – melting. There is not a night that goes by that I don’t wake up in a sweat with that image in my mind.”

Luckily, Tanner survived the ordeal and was taken to Grant Medical Center where she spent several weeks in the intensive-care unit.

Stan Darling, a tort law and civil procedure professor at Capital University Law School says that rescuers turn around and sue the people they save more often than people think. “The precedent is clear: danger invites rescue…and if you’ve acted recklessly or negligently and someone gets hurt rescuing you, you could be in trouble.” Darling went on to explain a federal law known as the Rescue Doctrine. It basically says that if the people being rescued were negligent when they created their dangerous situation, there could be a valid claim to damages if the rescuers acted responsibly and were injured.

The State Highway Patrol indicated that Tanner told police that she had argued with someone on the day of the crash and that she wanted to end her life. She also stated that she does not remember anything after careening off the highway.

Kelley said that he knows that some people will think his lawsuit is trivial and malicious. He counters by saying that he was a self-employed contractor and has no insurance. His medical bills are extensive and his daily life is changed forever. He said that they filed the lawsuit only after they found out that the crash was a suicide attempt. In true hero fashion, Kelley said that one thing is certain, “If it happened all over again today, I would still stop and get the person out of the vehicle. A life’s a life, you know.”

Hiring a Personal Injury Lawyer

If you have been injured or suffered loss from the negligent actions of another person, contact a personal injury lawyer. Personal injury lawyers can review your claim and let you know if you are eligible to file a personal injury lawsuit and win compensation for lost wages, medical bills or pain and suffering.



Filed under: Personal Injury,Traffic Accidents — Tags: , — Beth Losure @ 8:39 am

“Cash Cab” Hits and Kills Pedestrian

According to the Associated Press a pedestrian was hit and killed in Vancouver, Canada, Friday night after filming had finished for the television game show “Cash Cab.”  These types of pedestrian accidents are not that uncommon.

The unidentified 61 year-old man died after being struck by a “fake” taxi cab. The President of the show’s production company, Andrew Burnstein, said the producer of the show was driving the taxi back to a storage facility when the accident occurred.

“Cash Cab” is a broadcast on the Discovery Chanel in North America. The goal of the game show is to help contestants win money answering trivia questions as the replica yellow taxi takes people to their destination.

Personal Injury Claims after a Car Accident

Car accidents kill close to 40,000 people every year in the United States (according to the National Highway Traffic and Safety Association (NHTSA)), and unfortunately, they are the leading cause of death for individuals 2 to 34 years old. Car accidents also cost insurance companies billions of dollars each year.

Personal injuries from a car accident may be caused by the illegal or negligent actions of another driver. Whether you are injured as a pedestrian or you were driving a motorcycle, bicycle or car, if your accident was caused by the negligent actions of another driver and you have suffered loss, you may be able to file a personal injury after your car accident and win compensation.

Common Car Accident Injuries

What are the most common types of car accident injuries? It not unusual for the injured to suffer from any of the following: knee damage, head trauma, neck injury, back injuries, spinal cord injuries or whiplash.

The most important thing after a car accident is to seek medical attention. Document your car accident injuries. Take pictures. It is not uncommon for some injuries to manifest several hours or days after the car accident. Whip lash, one of the most common injuries, may not be noticeable right after the accident but several hours or days later.

Many states will only let you file a personal injury claim if your car accident injuries reach a certain dollar or a severity thresh hold. Talk to a car accident lawyer and find out your rights.

Hiring a Car accident Lawyer

Car accident lawyers can review the laws of your state and let you know if you have a personal injury claim. Most car accident claims will be negotiated with an insurance company, and car accident lawyers can make sure you get enough compensation for your injuries to pay for you pain and suffering, lost wages and medical bills.

Car accidents are frequently caused by hit and runs, driving while intoxicated, semi-trucks, uninsured motorists and dangerous construction sites. Do not settle with the insurance company before calculating the full cost of your car accident injuries.

Car accident lawyers understand accident and personal injury law. Whether you are filing an insurance claim or filing a car accident lawsuit, a car accident lawyer can help prove fault and collect the damages you need. Hiring a car accident lawyer for personal injuries caused by a car accident may become even more important for injuries which require hospitalization or which cause permanent and severe personal injury.



Filed under: Injuries,News,Traffic Accidents — Tags: , , , , — Beth Losure @ 4:35 pm

$40 Million Dollar Award Denied by Rhode Island Jury

Recent news reports from the Associated Press reports that a Rhode Island jury sided with the state of Rhode Island in a lawsuit brought by a paralyzed man. In 2008, the plaintiff sued the state of Rhode Island for $40 million dollars after he dove headfirst into a pond located at the World War II Memorial State Park in Woonsocket, Rhode Island, and was paralyzed.

After deliberations, which took seven days, the jury concluded the state of Rhode Island and the Department of Environmental Management do not have to pay damages to Brett Roy or his family. The announcement was made by a spokesman for Attorney General Peter F. Kilmartin, Patrick C. Barry, an attorney for the plaintiff, claims that the plaintiff is likely to appeal the verdict.

Business owners and property managers have the responsibility to maintain their property and take the necessary precautions to ensure that people who enter their property are safe. Ensuring safety can include periodic inspections of the property and reasonable precautions.

According to the jury, this plaintiff did not prove that his injuries were from the negligence or the unsafe conditions of the property, but rather from his own actions. If he had proven that hazardous conditions caused or created an unsafe environment, he may have won his case.

Before determining liability for a claim, the jury reviewed basic factors to determine whether the property owner and the state had taken reasonable care. These factors included answering the following questions:

• Was the accident foreseeable?
• Did the property owner take reasonable measures to prevent the injury or warn their visitors of existing or potentials safety risks?
• Was the property used as it was intended?
• What were the circumstances under which the injured person entered the property?

Common Premise Liability Cases

There are a variety of different types of actions that may cause a personal injury while you are on someone else’s property. Premise liability claims have been won for the following:

• Slips and Falls
• Animal attacks
• Burn injuries
• Assaults
• Gas explosions

Awarding Compensation for a Premise Liability Claim

Premise liability cases are similar to other personal injury claims. If you are awarded damages for your injuries you may be entitled to receive lost wage compensation, payment for current and future medical bills, payment for pain and suffering and property damage. A statute of limitations has been instituted for filing a premise liability claim in every state.

Contributory Negligence versus. Comparative Negligence

Traditionally, courts used the concept of contributory negligence to determine if a plaintiff was entitled to benefits. The idea of contributory negligence asserts that an individual has the responsibility to act in a prudent and safe manner. If they are injured and their actions contributed to the injury, they would not be entitled to compensation.

Many states have adopted a more lenient approach to awarding compensation. Many states now use a comparative negligence approach which determines the percentage of fault of the plaintiff and awards benefits based on the fault level.

States differ in their approach of applying the comparative negligence laws. Some states allow the plaintiff’s fault to be as high as 99% but will reduce the damages to reflect their level of fault. Other states will not allow damages if the plaintiff’s fault is more than 50%, while others will disallow damages when the fault exceeds 50% (51% or higher).



Filed under: Personal Injury — Tags: , , , — Beth Losure @ 12:37 pm

5 Common Mistakes Doctors and Hospitals Make and When to Claim

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.



Filed under: Drug and Medical,General Information — Tags: , , , , , , , , — jmalewitz @ 1:31 pm

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