June 2021

Slip and fall accidents happen every day across the country. Approximately 8 million people visit the emergency room due to slip and fall-related accidents every year. Slip and falls aren’t cheap either. According to the Centers for Disease Control and Prevention, creating a slip and fall injury would cost somewhere between $33,000 to $48,000.

20-30% of these cases result in serious injuries. At least 5% of people involved in a slip and fall break their bones. The majority of slip and fall victims are the elderly, as they are more vulnerable to serious injuries when they slip.

A slip and fall accident can occur anywhere. It typically happens whenever there’s a trip hazard on either public or private property. Slippery floors, unmarked ledges, and loose cables can also cause slip and falls.

The majority of these accidents happened in large venues where a trip hazard may be overlooked. For example, a cable in Home Depot was not marked or secured properly, which can trip an unsuspecting customer walking around the area.

It is always the property owner’s responsibility to ensure that their customers and guests are safe while they are on their property.

Here are some things you must know before filing a slip and fall lawsuit:

Who is liable in a slip and fall case?

The liability usually depends on where the accident occurred. If the slip and fall occurred in a mall, then the mall owner will be liable for the case.

But, you need substantial evidence to prove that the accident occurred due to the owner’s negligence.

You might have heard of the term “premises liability,” and that is where slip and fall accidents usually fall under.

The concept of the property owner being liable for any injuries sustained in their property is called premises liability. The owner is responsible for maintaining a safe environment at all times.

What Kind of Evidence Should I Present in a Slip and Fall Lawsuit?

The evidence that you need may depend on the type of slip and fall that happened, but generally, here are pieces of evidence that you must gather:

• Clothes and shoes at the time the accident occurred
• Surveillance footage, if available
• Pictures of your injuries
• Medical documents
• Pictures of the objects or conditions that triggered the slip and fall
• Witness statements
• Accident report

By gathering all the necessary evidence, can help your attorney create a strong case for you and win you the financial settlement you rightfully deserve.

The Steps When Filing a Slip and Fall Lawsuit

Although each slip and fall case is unique, these are the steps that slip and fall lawsuits generally follow:

• Filing the lawsuit.

This is the first step in the process. The lawsuit must be filed in the proper court and served on the property owner.

• The property owner answering the allegations.

After filing the lawsuit, the property owner will have the chance to answer the allegations filed against them and tell their version of events regarding the accident.

• The discovery phase.

This is where both parties would engage in a formal information-gathering process. This process usually involves “affidavits” (sworn retain statements) and “depositions” (sworn testimony). This phase is usually done before the trial.

• Trial

If a settlement has not been reached between either party, then the case will proceed to trial. The victim or the “plaintiff” will need to prove the property owner’s negligence by presenting all the evidence they’ve gathered. The jury will then ask two questions:

– Was the property owner negligent?

– How much should you recover in damages?

Your lawyer will usually help you in this step. Once a verdict is returned, both sides have the right to appeal the decision.

What is Comparative Negligence?

Comparative negligence is used to determine the percentage of fault on both the plaintiff’s and the defendant’s sides. Each state may follow different laws when it comes to comparative negligence.

For example, in California, they follow “Pure Comparative Negligence Law.” This means that the state court will allow the injured party to collect the compensation for the damages regardless of whether they’re 50% or 99% at fault. However, the court will reduce the award depending on the plaintiff’s percentage of fault. The higher your percentage of fault, the smaller the recovery amount you’ll receive.

While you are focusing on your recovery, you must also regularly meet your attorney and exchange information with them. Ensure that you are being honest in answering whatever questions they ask you, as this can affect your case. Your attorney will usually ask how many days you missed work if you’ve received medical care yet, and how many days you were hospitalized. They will also ask if you’ve sustained any long-term injuries from the accident that can affect your employment in the future.

Business owners and corporations may try to disprove your statement or claim to avoid compensating you. Your attorney will be a good ally if that happens. They can create a strong argument and present definitive proof that can dispute the other party’s statements.

When it comes to visiting Orlando, Florida, you do not have to drive anywhere without taking into consideration the tips listed here. The state of Florida is considered as one of the safest states in America. However, there are certain things that you have to keep in mind to drive safely and avoid getting involved in any car accidents. Here are 10 tips to drive safely while visiting Orlando, Florida.

First of all, you should always obey the rules of the road. Always keep your eyes on the road, even if there is something that might be annoying like a deer or other small animal jumping out from behind you.

You can drive safely when you keep your eyes on the road. You should also try to avoid using cell phones, because they tend to make everything on the road blurry and can sometimes increase the chance of an accident.

Next, you should not only keep your eyes on the road, but you should also pay attention to other drivers. This does not only include road conditions. It also includes behaviors of other drivers.

When driving on the road, you have to be alert and aware of every truck and vehicle around you. You should also watch out for cars that show signs of having problems like skidding, tailgating and so on.

When you are on the road, you have to keep your speed moderate. Driving too fast can result in accidents and unsafe situations. As a matter of fact, the risk of traffic violations and accidents increase when the speed exceeds 55 mph.

You should also keep your car windows rolled down and not cracked open. Some drivers tend to forget this simple rule, which leads to a number of unexpected and untoward accidents.

When you are on the road, you should always keep your eyes on the road ahead. Your concentration should be on the road, rather than on the people or objects that you see along the way. You have to keep in mind that there are many things that could happen on the road ahead.

You should be able to recognize situations and take appropriate steps to prevent them from taking place. Your focus should also be on the road, not on people, pets and so on. If you have kids with you, they too need to keep their focus on the road and not on all the things that they can see around them.

You also need to be alert to anything that may go wrong along the way. This means that you should have an emergency kit with you.

In case of an accident, you should immediately jump on the road to give first aid and call for assistance.

By following the above tips to drive safely, you will be minimizing the risk of accidents while visiting Orlando.

What are the things to do after a car collision. Read on to find out what should be done and what should not be done after an accident.

One of the most important things to do is to take as much time as you need with your friends and family. The reality of the situation is that we will be bruised and have deep injuries to our backs, necks and bones. The last thing anyone wants is to look worse than when they leave the hospital.

It’s always wise to take someone with you who is an experienced driver. This will make it a lot easier to navigate the roads after your car has crashed. If you don’t have someone with you then simply follow the directions the injured person is giving you and do not drive.

Don’t try to drive yourself home – It is understandable that you might be in a daze following a car accident. You might think it is better to stay in the vehicle and call for an ambulance, but unless you are completely OK with the idea of spending the next few days in the hospital you should absolutely not drive yourself home. There is too much risk of being injured further or having an accident while driving home.

The most important thing to remember is to be concerned about your own safety. If you are injured and cannot drive yourself home, you should go find a friend who can help you get in the car and safely back on the road.

After the accident talk to an injury attorney – Most importantly, after an accident talk to an injury attorney. If you don’t have one you should definitely speak to one. An attorney who specializes in helping people who were injured in accidents like yours will be able to better explain the legal process you’re entitled too.

No matter what things to do after a car accident you should not rush into getting your car fixed. If you take the time to take care of the first few things to do then you will be able to make an informed decision about whether or not you want to drive again.

 Also, if you have any way to reduce the severity of your car accident, it might be in your best interest to do so.

When should I hire a car accident attorney? This is an excellent question and one that often gets asked before an incident has occurred. The answer to this question will always depend on how serious the injury is, no matter who was involved.

First, when there has been no negligence on the part of the other drivers involved, you should not have to move quickly to hire a car accident lawyer. Even if no one was injured, the best answer to the question should I hire a collision lawyer is, “never!” Negligence is not a word that you want to place near the name of a car accident lawyer because it takes away from the event you have just been involved in and may continue to take away from your future. It is important to consider the following circumstances:

The first circumstance is the most common. You are involved in a traffic accident that was caused by another driver that failed to yield the right of way. This is the most common and perhaps the scariest scenario because it can involve serious injuries and sometimes even death. If you are involved in such a traffic incident and were not speeding or swerving, you are fortunate. However, if you were racing or attempting to beat the other person to the spot, you may be dealing with a problem that is more serious.

The second circumstance is often a bit more difficult to determine when you should have called an attorney to come and take care of the accident. When you hit someone or a vehicle, what do you do next? Many people are unsure if they should call the police and insurance company right away. You should always wait for the other party to press charges before contacting the proper lawyer. It is also important to contact your lawyer as soon as you know that you sustained any type of injury so that he or she has the information to assess your case and your future medical bills.

The third and final circumstance is one that many people never think to consider when they should have called an attorney after being in a car crash. You may not realize this, but you could be faced with life-threatening injuries from the accident. For example, if you were thrown clear across the street you could suffer internal bleeding, brain damage, or even death. When you hire an experienced car accident attorney, you will be better able to determine what course of action you should take in order to protect your future.

Introduction

Pharmaceuticals are an integral part of human lives. People are dependent on the pharmaceutical industry and medical professionals to treat their mental and physical ailments, help treat allergies, and alleviate their pain. Unfortunately, common people have the least knowledge in pharmaceutical manufacturing. They cannot make out whether a drug is detrimental to their well-being until their loved ones suffer from any adverse effects.

FDA does not approve of the 100% safety of a drug, and consumers hold the pharmaceutical industry in high esteem. But, if they release harmful drugs on the market, practice falsehood or bury evidence, do not warn about offshoots, or mislead consumers about their drugs, they must be held accountable for the injuries they induce.

Law firms work on a contingency-only basis and produce profitable pharmaceutical litigation cases. It requires comprehensive documentation and professional testimony to correlate an illness, injury, or death to the drug in question.

Assistance of lawyer 

Factories of drugs and supplements must abide by the stringent statutes of the FDA. If manufacturers disobey those rules, they must be held lawfully liable whenever the conduct is proven to induce injuries.

Suppose someone feels that a drug, herbal supplements, or any over-the-counter medicine has caused them to suffer terrible injuries. In that case, they must consult with the Avandia attorney to evaluate the condition and explain the facts.

Often, medicines have contaminations, manufacturing defects, flawed design, inadequate instructions for use, insufficient testing, or even impaired warnings. All these have the potential to cause serious injuries.

Drug manufacturers are guilty of causing damages to consumers based on theories of delinquency, harsh liability, defeat to warn, forgery, or even willful or hostile conduct.

Common legal theories available to plaintiffs in pharmaceutical liability and litigation:

Design

Faulty design of the drug or supplement takes place when severe hazards outweigh the usefulness of the product.

Manufacturing

Ineffective testing of a drug or supplement before its sale and use may cause harm to the consumers. Sometimes, manufacturers contaminate them.

Marketing

Failure of warning about a drug’s probable side effects, advertising, and fraudulent over-promotion by the manufacturer infringes Federal Law.

Injuries

Accuracy is crucial for pharmaceuticals. Issues regarding marketing or manufacturing may cause horrible injuries to the user. In the worst cases, it could be fatal. Therefore, pharmaceutical companies must be held responsible when there are issues.

Liability

For pharmaceutical cases, the tussle is in between the consumer vs. the pharmaceutical company. Again, an experienced practitioner like Avandia Attorney can assist in fixing the problems.

One must opt for a company that has worked with multiple drug cases in the past.

Drugs that may cause problems

Belviq

The weight-loss drug is related to lung, pancreatic, and colorectal cancer.

Dietary Supplements

Most supplements are deliberately under-regulated, and many are harmful. Reputable law firms tackle issues with defective supplements with harmful metals, which give rise to liver damage.

Elmiron

This bladder pain medication has been linked to critical vision problems such as maculopathy, retina damage, vision loss, macular degeneration, and other malfunctions. One must not delay consulting defective drug attorneys whenever they suffer from vision problems after using Elmiron.

Metformin

This popular type-2 diabetes drug has been associated with the probable human carcinogen NDMA and battled legal cases.

Neocate

The prescription formula leads to low phosphate and calcium levels in the blood, which gives rise to developmental disorders and frequent fractures like rickets.

Sartan Drugs

Blood pressure medications like losartan, valsartan, and irbesartan made issues with contamination with probable human carcinogen NDMA.

Talcum Powder

The talc-based powder is utilized for several purposes. The cases were linked to ovarian cancer when applied in the genital area. It is in litigation currently.

Tasigna

Tasigna is a general treatment for people suffering from leukemia. Unfortunately, it has been related to atherosclerosis, a severe blood circulation condition that obstacles blood flow to the heart and other organs. The blood constriction may lead to amputations, the blockage of arteries, or even death. If someone was treated with Tasigna and faced any of these injuries, they must contact law firms like Avandia Attorney.

Valsartan

This medicine for blood pressure was recalled by the FDA after the possible human carcinogen was found to have polluted several other drugs. Contamination of NDMA is related to several types of cancers like blood cancer, bladder cancer, breast cancer, intestinal cancer, gastric and renal cancer, liver cancer, lung carcinoma, pancreatic cancer, prostate cancer, pharyngeal and uterine cancers. When someone is diagnosed with any of the cancers after having Valsartan, they must talk to lawyers for a lawsuit consultation.

Zantac

This heartburn medication has been linked to contamination with the human carcinogen called NDMA.

No sooner does one find a drug that injured them, they must ask for authentic legal help to discuss it. They leave no stone unturned to find a solution.

Xeljanz

Xeljanz is a popular medicine for rheumatoid arthritis, ulcerative colitis, and psoriatic arthritis. The Food and Drug Administration has warned that preliminary outcomes from a clinical trial suggest that the rheumatoid arthritis patients having Xeljanz are at an increased risk of cancer and heart-related problems. For example, This lawsuit issued by Black Box Warning for Xeljanz after the ongoing security of a clinical trial found that patients having the 10mg twice the regular dose of Xeljanz have an increased vulnerability of blood clots and even death. Injuries related to Xeljanz include heart attacks, cancers, pulmonary embolisms, and strokes.

Conclusion

Law firms do not only offer free consultations, but they work for the client on a contingency basis. Unlike other law firms, reputable ones like Avandia Attorney do not ask for any money upfront or send the monthly bills, which implies they only charge a fee if they recover for the client. If the firm can win the claim successfully, it will receive a percentage of the settlement. More so, they will be reimbursed for reasonable costs that they incur in pursuing a case. Finally, they conduct a complete accounting for their client at the end of the case.

Having been injured in an accident can add a lot of stress on the person and their loved ones. The person who has been in the accident needs to be taken care of, and medical bills need to be paid. Sometimes the injuries sustained during the accident can also cause long-term disabilities. In such a case, you should head to Personal Injury Lawyer Blog | Grillo Law whenever you need to know more about personal injury law rules. The Ontario Auto Insurance Policy states that accident benefits coverage is mandatory per the Statutory Accidental Benefits scheme. Following are some of the Accident benefits which are provided.

Attendant Expense

When the claimant can’t carry out daily activities like bathing, dressing, and feeding due to the injuries, the benefits would cover the expenses for an attendant or a long-term care facility in such a case.

Medical Costs

This part of the benefit covers the expenses for medical treatment and rehabilitation needed concerning the injuries. Rehabilitation includes physiotherapy and massages etc. The amount for the benefit is dependent on the kind of injury which you have sustained. There are two types of injuries catastrophic and non-catastrophic.

Expenses of the caregiver

  When a primary caregiver sustains injuries in an accident, it puts them in an even more tough position. It makes them possible to carry out their duties and care for their loved ones. The benefits cover the caregiver expenses and ensure that the household expenses are accounted for. However, there is a limit to the amount which can be provided.

The benefit of income replacement

Sometimes the injuries which one has sustained during the accident can leave them unable to work. The accident benefits cover the loss of income. The benefit has a limit of 70% of your gross weekly income, which was pre-accident or $400 a week, whichever is lesser.

Death and funeral benefits

Accidents can even lead to death. Such accidents cause a lot of emotional pain to the families and loved ones of the victim. The benefits are paid out in a lump sum to either the spouse or dependent in such a case. The amount paid would be able to cover the funeral expenses.

Non-earner benefit

Suppose the victim cannot lead a normal life but isn’t eligible for receiving income replacement benefits. In that case, they might be eligible for the non-earner benefit. This benefit is usually for students who cannot carry on their life as usual due to the accident they were in.

Consult a Lawyer

These are just some of the benefits that you receive after having been in an accident. If you or someone you love has been in an accident and you are unsure about how to go about it, reach out to a personal injury lawyer. An experienced and skilled lawyer will educate you on your rights and what you deserve. They will help you to navigate the rough waters and even fight for your right if the need arises.

If you have been charged with a traffic offence such as drink driving, you may have your driver’s licence suspended immediately. What does this mean? Here at Drink Driver Lawyers, we know how stressful this time can be, so we’ve put together this post to share everything you need to know about an immediate driving suspension.

Here is a basic rundown of what happens when you get caught drink driving.

1. The Police will ask you to provide a sample of your breath via a roadside breathalyser.
2. If the breathalyser indicates that you are over the legal limit, you will be under arrest and transported back to the Police station.
3. A second sample is taken of your breath using a more accurate breathalyser.
4. You will be given a notice to appear in court and an immediate notice of driver licence suspension for either 24 hours or until your court date.
5. You mustn’t drive home from the Police station, arrange for someone to come pick you up, as even sitting in your car while still over the legal alcohol limit can see you charged again.

Your charge

Whether you will be suspended immediately for 24 hours or until your court date will depend on the offence you have been charged with. Here is a rundown of some common scenarios:

Typically, when it comes to drink driving charges, your driver’s licence will be suspended immediately by Police for 24 hours. If you have been charged with a low-range drink driving offence, your BAC must have been over 0.00 but under 0.05 for learner or provisional drivers, and over 0.05 but under 0.10 for open licence holders. After the 24-hour suspension, you can resume driving as normal until your court date where the Magistrate will determine your official disqualification period and your fine.

You will be suspended immediately by Police if you have a mid-range or high-range BAC. A mid-range BAC is between 0.10 and 0.149, and a high-range BAC is 0.15 or over. The suspension will remain in place until your court date where you will be formally charged and suspended. The Magistrate will generally factor in how long you have already been without a licence when deciding on your disqualification period.

If the Police have pulled you over and you refuse to give a saliva, breath, or blood sample, you will be charged with a high range drink driving charge regardless of whether you are over the limit or not. Your driver’s licence will be automatically suspended until your matter is dealt with in court. This offence normally carries harsh penalties, and the maximum penalty is a fine of $5,000 or 6 months imprisonment.

Driving dangerously while under the influence of alcohol will result in an immediate suspension. It is considered a serious offence and more so if someone is injured or dies as a result. Hefty fines, penalties and even imprisonment are typically involved. If it can be proven that you have committed dangerous driving while under the influence, a minimum of 6 months disqualification period is expected, although it is generally longer.

Can I apply for a work licence?

If you need your licence while waiting to appear in court, you may be able to submit a Section 79E Application to the court to return your licence. If you would like to do this, it’s best to seek legal advice as soon as you can after your immediate disqualification to discuss your options and to start the process. Not getting on to this quickly will only see you without a licence for longer as it can take weeks to get this dealt with.

What happens if I am caught driving under Police suspension?

The court has very little tolerance for offences such as this. If you have been immediately suspended from driving and then drive and get caught, you will lose your licence for 2 years at the minimum, plus the additional time for your drink driving charge will be added to this. Not having a licence for years can have a huge impact on your ability to maintain employment and to complete everyday tasks such as going to the shops or visiting a friend. If you have been arrested for drink driving, make sure you clarify any uncertainties you have about your immediate suspension with the Police to ensure you aren’t breaking the law.

It’s not only a car you can get caught drink driving in

Many assume that you can only get charged with a drink driving offence if you are driving a vehicle however, this couldn’t be further from the truth. Essentially, you can be charged with a drink driving offence for operating any mode of transport that has wheels. This includes bicycles, tractors and four-wheelers. Other modes of transport include driving a boat or jet ski.

If you have been immediately suspended from driving by Police for a drink driving offence, you don’t have to navigate your way through the legal process on your own. Our team here at Drink Driver Lawyers are experts in this area of the law and have successfully kept more than 1,500 Queenslanders on the road. We can help you understand the legal jargon and assist you with a work licence or submitting a Section 79E Application to ensure you get your licence back as soon as possible. Contact us today for more information!