Speficically data involving surgical operations that went bad. If this specific data is not available, any data on the main question will be greatly appreciated.
I didn’t find anything specific to Michigan but I did find national information.
The average payout is $135,000. About 5% of all payouts went over $1 million.
I was in a car accident in my mothers car and I already filed a claim with her insurance company for the PIP. Will I get a check for the amount or will that money go towards my medical bills?
PIP pays your medical bills, and will pay you lost wages, after the medical bills are paid, up to the pip coverage amount.
So YOU will get the lost wages, and the medical providers will get the medical payments.
I wrote on here about how a doctor had prescribed me Ativan for the past 21 years. It was only to be taken for a max of 4 months. I appreciate all the feedback I got from you all. Now I have so much memory loss that I have to write everything down. I live in Kentucky, but would be willing to go to another lawyer, in another state, if someone thinks they are a really good lawyer and could help me. So please let me know if you know anyone.
Contact your local bar association; they will advise you and provide you with a list of attorneys practicing law regarding medical negligence.
me and my husband have had a problem with some doctor and believe he has neglected his medical duties when treating my husband. how do we find a real pro lawyer that has already won in similar cases?
Start with either a legal referral service — most state bars (the agency that licenses attorneys) have referral services — or look in the phone book.
Before you hire an attorney — ask to see their resume, and a list of cases they tried — just the name, a general description of the type of claim, whether it was before a jury, and whether they won or lost, and if they won how much.
Recently I was hit by a car. My leg and arm were broken and I had to get 22 stitches. I have hired an injury lawyer and have a witness who is speaking on my behalf. It is the fault of the driver that I was hit. How much, on average, would I earn if things worked in my favor? Would I recieve coverage for my medical bills and wages I have lost from not working?
You should get medical bills and possibly lost wages if the person that hit you had insurance. If not,you will have to sue them personally and will be lucky to get anything.
My best friend was hit by a car several years ago,the guy took off because he had no insurance,but he was turned in a few days later by one of his friends. She got nothing. She is now permanently disabled. Don’t count on anything. Your lawyer will also take a huge chunk out of anything you do get.
Have you ever thought of how will you meet your and your family members’ health expenses? Here you will need the help of health insurance policies for you and your loved ones. There are many affordable health insurance policies available in the market and you can opt for the best policies that can suit your needs.
Everyone will agree that health is wealth. Without a healthy life you cannot hope to lead a happy and a fruitful life. But no one can predict what will happen to you in future, no one can predict an accident or some mishaps. And because of advances in medicine and medical technology, medical treatment is becoming more and more expensive.Affordable health care insurance financially assists you in covering all these expenses without leaving a hole in your pocket.
Affordable Health insurance Plan is a policy where the insurer pays the cost of the covered medical costs of the insured if he/she falls ill or meets with an accident. It will cover the cost of specialists, surgery, accommodation and nursing bills in a private hospital, or in a private ward in an NHS hospital, drugs and X-rays. You have to pay some certain premium at the end of certain intervals. Before choosing the cover that best suits you, you need to know about the different types of treatment:
In-Patient treatment: the treatment, which, for medical reasons, means that you have to stay in the hospital overnight or longer.
Day patient Treatment: the treatment, which for medical reasons, you have to go into a day-patient unit because you need a clinically supervised recovery.
Out-patient treatment: the treatment given at the out-patient clinic or consulting room.
But there are some treatments that won’t be covered by private affordable family health insurance policies. These include cover for long term illness, known as chronic disease, accident and emergency admission. These services are offered by the National Health Service (NHS) of the UK which is public funded and it includes services provided by family doctors, hospitals, dentists, ambulance services and opticians.
Different types of cover include:
Budget
This policy normally covers inpatient treatment only. The costs of the diagnostic tests, Consultant’s fees and outpatient treatments are therefore not covered
Standard
This policy covers the inpatient treatment along with hospital stay and a few outpatient treatments.
Comprehensive
This is the one of the best policies to buy. These policies usually include full inpatient cover, unlimited outpatient cover.
So go buy a family health care insurance policy and show your family how much you care. Companies offer all types of health insurance depending on your family status, job status, financial situations and the types of coverage considered necessary. It is important to read and re-read your coverage to confirm what is being actually covered. It is also important to consider the medical history of your family before taking any plans. The online procedure to fill up the form has made health insurance affordable and easier to apply.
Jenny Black
http://www.articlesbase.com/insurance-articles/why-do-you-need-an-affordable-health-insurance-policy-75638.html
Since l984, my firm has worked with countless numbers of “auto accident injury” clients. Most people who have become clients of mine have initially been bewildered because of the complexity involved. My hope is to clear up some of the terms in order to make this area more understandable to the average person.
First of all, when someone is injured they potentially become a “plaintiff”. A plaintiff is someone who has sustained “damages” as a result of the “negligence” of another individual. The person who caused the damages is called the “defendant”. Negligence in its simplest terms is a concept by which someone’s careless actions harm someone else. Most of the concepts in negligence look at an individual’s actions from the standpoint of a “reasonable person”. Someone’s actions have to be “foreseeable” to be considered negligent. A defendant has to be able to appreciate that their conduct could cause harm to someone else. In an “automobile accident injury claim”, the defendant can be careless or “negligent” in a number of ways. Our court system provides “jury instructions” which describe various types of “negligent” actions. For example, it is normally considered negligent for someone to strike the rear of another driver’s vehicle. If a case goes to trial, a jury will be instructed on the law and the instructions will explain this to the jury. On the other hand, a defendant can argue that the other driver came to a “sudden unexpected stop”. This can also be considered negligence. Where both drivers share in the fault, this is called “comparative negligence” or “comparative fault”. If a driver, for example, is found to be 50% at fault, then he will only have to compensate the other driver for 50% of the driver’s damages.
Each driver is required to carry “liability insurance”. When a defendant is careless and injures another person, then damages will be paid to the other person from the defendant’s “liability policy”. If the person causing the damage is not insured, then a plaintiff can recover their personal injury damages out of their own “uninsured motorist policy”. On the other hand, if the other driver has insurance, but it is inadequate, then a plaintiff may look to their own policy for something that is called “underinsured motorist coverage”. This provides for additional damages which can be recovered over and above the amount of the “policy limits” of other driver’s policy. The uninsured motorist and underinsured motorist coverages do not cover damages to the plaintiff’s car. This would be covered by the plaintiff’s “collision coverage”. When someone buys collision coverage, they choose the amount of their “deductible”, which is the amount which has to be paid out of the plaintiff’s pocket when a car is damaged.
In some circumstances, the defendant may be disputing the case. Oftentimes, a plaintiff will have their car repaired by going through their own collision policy. Under these circumstances, the plaintiff’s insurance company will attempt to go through “insurance arbitration” and will try to collect and return the deductible to the plaintiff.
When there is “property damage” to a plaintiff’s car, the car may be repairable, or it may be “totaled”. A car is “totaled” when it would simply cost more to repair the car than what the car is worth. When a car is totaled, the insurance company owes what is known as the “market value” of the car. This is the amount that the car could have been sold for in the open market prior to the collision. The insurance company will often retain the totaled vehicle which is called “salvage” since they are purchasing the totaled car. They will then sell the working parts to a junkyard or parts dealer. If the plaintiff chooses to keep the car, the he will receive the value of the car, minus the” salvage value”
With regard to a plaintiff’s injuries there are several types of damages. The first type of damage would be classified as “financial damages” or “economic damages”. These are the amount of out-of-pocket expenses sustained by the plaintiff. Lawyers and insurance adjusters sometimes refer to these as “special damages” or “specials”. Financial damages would include payment for medical bills and lost wages. The second kind of damages would be “pain and suffering damages”. I like to think of pain and suffering as being divided into three categories. First, there is past pain and suffering which takes into consideration the pain and discomfort immediately of the plaintiff following the accident. There is also present pain and suffering which is what a person is living with on a daily basis. Finally, sometimes injuries do not heal completely. The third category, then, would be damages for “future pain and suffering”. This would include “permanent disability” which would limit someone’s ability to function. For example, if a plaintiff has injured their right hand and they will permanently have a loss of grip strength, then a jury may consider this in awarding damages. On the financial side, if a plaintiff is unable to work in their normal full capacity, there may be “future economic damages”. A jury can take into account that if plaintiff will be losing income in the future because they either can’t work, or they can’t earn as much as they were previously earning.
In any event, this is my humble attempt to clear up some of the terminology which is used in car accident cases. Of course, how damages will be computed will ultimately be based upon where a case could end up going to trial if it cannot be settled. Some juries are much more generous in awarding damages for and other juries are known for being more stingy. A plaintiff lawyer’s goal in “settlement negotiations” is to get as much or more for his client than what he would likely receive from a jury. If the case is to go to trial, then the goal is to receive the highest possible verdict for his client.
The contents of this article are intended for educational use only in order to provide readers general information and a basic understanding of the law. If you are seeking legal advice, please consult a licensed professional attorney in your state. The information in this article should not be substituted for experienced legal advice.
Jeff Swaney
http://www.articlesbase.com/personal-injury-articles/st-louis-personal-injury-attorney-discusses-auto-accident-injury-claims-751457.html
Court Decisions that Protect and Compensate Asbestos Workers
Asbestos is a dangerous substance that causes the debilitating disease of asbestosis, and the fatal cancer, mesothelioma. Asbestos workers are exposed to scarring asbestos fibers in excessive amounts on a daily basis. Employers who ignore the dangers won’t be ignored by the courts.
Asbestosis and mesothelioma affects asbestos workers around the world. National and international lawyers and judges are making room on their desks for voluminous stacks of medical records that are entered as evidence in mass litigation proceedings for asbestos workers who were unaware, and unprotected, from the dangers of inconspicuous deadly asbestos fibers. Employers have the responsibility to protect the safety and health of the employees, and in today’s modern societies, it is legally mandatory for employers to protect their employees from danger. Company fines and business closures can result for those companies that put profit over people, and so can litigation resulting in millions of dollars of compensation paid to injured workers.
Asbestos workers have joined together to set precedent court decisions in asbestos cases that will facilitate faster trial decisions and undermine confusion in the interpretations of the occupational laws.
Many workers, however, do not receive just compensation. Lack of medical records, multiple possible causes of lung disease, unawareness of the right to legal compensation, or the lack of legal representation, prevents many asbestos workers from receiving their just compensation for asbestosis or mesothelioma.
Although workers compensation cases have been recognized in the courts since the 1920s, the first US trial against an asbestos product wasn’t held until 1966 by plaintiff Claude Tomplait. The case lasted three years, and the decision was made on behalf of the defendant. In 1969, Claude’s lawyer then represented Clarence Borel, a co-worker of Claude’s, against the same defendant. This case lasted four years, and in 1973, a historical landmark decision was made on behalf of the plaintiff, Clarence Borel (Borel v. Fibreboard Paper Prods. Corp., 493 F.2d 1076 (5th Cir. 1973). It was officially deemed that not only must manufacturers must warn consumers of danger, but they are responsible for staying informed with regard to scientific discoveries that have an impact on their products. If a manufacturer fails to do so, they will be liable for physical harm. Since 1973, there have been well over 100,000 asbestos cases filed in US courts. Asbestos cases are currently the longest mass tort in US Court history. In 1982, court opinion in Beshada (Beshada v. Johns-Manville Products Corp., 442 A.2d 539 (N.J. 1982)), humanely stated, “the burden of illness…should fall on those who profit from its production…”, throwing out a “state of business practices at the time” defense that defendant asbestos companies were praying upon for relief.
Around the world, the deadly consequences of working with asbestos is gaining increased recognition, and asbestos workers are gaining increased support in their court bids for compensation of asbestosis and mesothelioma. In 1989, Australia established the Dust Diseases Tribunal for asbestos cases, and in 1991, Australia banned asbestos. In 2005, the European Union followed with their own ban on asbestos. In the UK, a compensation fund for asbestos workers diagnosed with mesothelioma has been established within the Department of Societal Development. This fund disperses payment to mesothelioma patients within a week of the diagnosis of mesothelioma and reduces the risk of a mesothelioma patient dying before receiving a settlement (which frequently happens with lengthy civil trials).
Asbestosis and mesothelioma patients suffering from incurable and fatally progressive diseases due to employer negligence and manufacturer’s disregard for danger are due compensation for their pain, and employers are beginning to pay. Sadly, employers have to pay with their bank accounts, but asbestos workers have to pay with their life.
Lina Smith
http://www.articlesbase.com/health-articles/asbestosis-mesothelioma-and-the-law-695109.html
Everyday, many people get injured from accidents or negligence, such as when the neighbor’s untrained dog bites a toddler in the park. Or when someone you love suffers from scars or trauma from a physician’s sheer negligence. You may feel helpless to deal with the situation and with the person who caused the injury. However, there is definitely a way to bring these people to justice.
In case of such an injury, seek the help of a personal injury lawyer. No matter what type of injury case, such as automobile accident, medical malpractice, drug litigation or defective products, a personal injury lawyer will work for you on a contingent basis, never demanding fees unless the case is won and compensation due.
When the person blamed for the injury is found to be responsible for the injury, the guilty party is expected to offer a compensation for the injury, or the insurance company can compensate on that person’s behalf. While this is a normal expectation, it is rarely the case. Or sometimes the accused individual or the insurance company may attempt to hush you up and dissuade you from pressing charges by offering an amount less than what you could legally get. And this is where the role of the personal injury attorney becomes extremely important.
When the accused tries to shake off his responsibility in the case, this is when you should hire a personal injury lawyer to help you get financial compensation. There are also instances where the insurance companies try to under compensate for a particular event. This is also the area where the legal expertise of a personal injury attorney comes into play to help you get what is due to you.
Remember, there are various types of lawyers who are experts on dealing with specific types of personal injury cases, so be sure to seek the services of a lawyer with expertise in the field that you need help in. The different areas of laws are extremely compartmentalized and you should always contact a lawyer who has a proven expertise in the field you are having problems in.
Finding a suitable personal injury lawyer is an important question. It is a good idea to get referrals from your friends and acquaintances; asking doctors involved in medical malpractice cases are also good options. Another good way of finding a competent attorney is to refer to the internet lawyer directory.
Susan Jan
http://www.articlesbase.com/law-articles/personal-injury-lawyer-helping-you-get-compensation-for-unnecessary-injuries-82333.html
If you have been involved in a car accident as a driver, passenger, pedestrian or cyclist, and have suffered injuries or any personal loss to property, vehicle, motorbike, cycle, and so on, the first and most important thing to do is to calm down. Being involved in an accident is a traumatic experience and requires to be dealt with in a calm manner. The accident has happened and that is a fact that has to be accepted. If there has been personal injury, inform the police and ambulance services; if you are trapped in the car, ask someone to make the calls. No matter how minor or major the accident may be, inform the police. You never know what action the other person or people are going to take. So, safeguard yourself. Get all the details regarding those involved in the accident and try to take pictures of the site and draw a sketch of the accident. Don’t forget to inform your near and dear ones – and your insurance company.
In case of personal injury, get medical help immediately. No matter how minor the cuts or bruises may appear, go and see a general practitioner or go to a hospital for treatment. After getting medical attention go home and rest. Take the day off if you were on your way to work. Don’t immediately sit down to file a claim. Some injuries may not start to hurt, or the symptoms may not appear, till 48 hours have passed.
Don’t rush into filing claims. If any injury appears or continues after filing a claim, there will be no option of re-filing a claim, as the claim will have already been filed. So, wait until 48 hours after the accident, visit the doctor, get a check up and until a clean bill of health is given and you feel that you are in the same condition that you were in before the accident happened, don’t file a claim. The insurance company is aware of the accident, so take your time. There is no law that forces filing of a claim for damages from an accident immediately, so don’t rush.
Rushing into filing a claim for damages and obtaining a settlement may cause loss of your rightful dues. So wait and consult a lawyer who will provide the best guidance concerning what to do. But care must be taken in selecting a lawyer. A lawyer may browbeat you into opting for an immediate settlement, or the driver at fault may try and persuade you to make an early settlement. Don’t fall for these traps.
Claiming damages in terms of mental and physical health, loss, repair for vehicle, and use of alternative transport are all costs that can be claimed – including lost time from work.
Therefore, rushing into filing a claim right after an accident may only end up covering the initial cost, not the total cost that may be borne after an accident. Because of this, it is advisable to show patience and not get talked into any immediate settlements.
David Halbert
http://www.articlesbase.com/personal-injury-articles/been-involved-in-a-car-accident-dont-lose-any-money-by-claiming-today-695070.html