Jensen Farms Frontera Listeria Cantaloupe Outbreak 2nd Deadliest in History of U.S.

At present, 21 people have died and 109 sickened after eating cantaloupe produced at Jensen Farms Frontera; this is the 2nd deadliest outbreak since the Jalisco’s queso fresco and cotija cheese in 1985, which resulted in 29 deaths and 142 illnesses.  So far, the deadly Listeria tainted cantaloupes have impacted 24 states, and the list continues to grow.

Sickness related to the Jensen Farms cantaloupe became evident on July 31st of this year.  Since that time, 109 people have become infected and deaths have been reported in New York, Colorado, Kansas, Indiana, Maryland, Missouri, Nebraska, Oklahoma, Wyoming, Texas and New Mexico. Additionally, one pregnant woman suffered a miscarriage after becoming ill.

Here is a listing of the states affected and how many people in those states who have been infected with Listeria to present:

Alabama (1), Arkansas(1), California (1), Colorado (32), Idaho (1), Illinois (1), Indiana (2), Iowa (1), Kansas (7), Maryland (1), Missouri (3), Montana (1), Nebraska (6), New Mexico (13), New York (1), North Dakota (1), Oklahoma (11), Oregon (1),  South Dakota (1), Texas (16), Virginia (1), West Virginia (1), Wisconsin (2), and Wyoming (3).

The FDA issued a press release on September 14, 2011 announcing the voluntary recall by Jensen Farms, and while the cantaloupes should no longer be on store shelves, more illnesses may be reported simply because of the time lapse between eating the cantaloupe and developing listeriosis, which can be as long as 2 months.

Consumers have been notified that cantaloupes that did not come from Jensen Farms are safe to eat; however, when unsure of the source do not eat cantaloupes.  Women who are pregnant, older adults and those with weakened immune systems are particularly susceptible to listeriosis and the serious complications that can develop.

Brown Chiari is a prominent New York injury law firm dedicated to protecting the rights of those who have become ill after consuming contaminated foods.  Contact us today for a free evaluation of your case.

Posted in Food Poisoning

Over Half a Million Under Armour Chin Straps Recalled Due to Laceration Hazard

According to Consumer Reports, 541,000 UA Defender Chin Straps sold by Under Armour in Baltimore have been recalled because of sharp metal snaps that leave players at risk of cuts and lacerations.  To date, six individuals have sustained injuries that required stitches according to the Consumer Product Safety Commission.

The defective straps were sold at Under Armour outlet stores across the nation, as well as sporting goods stores.  They were also sold at www.underarmour.com.  The average price of the chin straps was $20; they were sold from January of 2008 through September of this year.

The UA Defender Chin Straps were sold in four color schemes, including red, royal, navy and a white/black combination.  The straps affected in this recall have a padded chin area, hard nylon shell and plastic strap with “Under Armour” printed on the strap.  The chin straps also have metal clasps that attach to the helmet and tighten the straps.  The sharp metal of the clasps or snaps is what has cut players, resulting in the need for stitches.

Sold by Under Armour of Baltimore, the chin straps were manufactured in China and imported by JR286, Inc. of Redondo Beach, California.

Under Armour is recommending that consumers stop using the defective chin straps immediately, and that they contact the company for a free replacement.  Consumers may call 1-888-823-0343 between the hours of 9 a.m. and 5 p.m. Eastern Time Monday through Friday.

Defective products cause tens of thousands of injuries every year; on occasion, injuries can be fatal.  Those who have suffered injuries due to defective products are advised to contact the New York defective products attorneys at Brown Chiari for a free evaluation of your claim.

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Scaffolding Collapse at San Ysidro Port of Entry Leaves 11 Injured

On Wednesday, September 14th, eleven people were rushed to the hospital following the collapse of a 50 foot by 50 foot section of scaffolding at the San Ysidro Port of Entry.  This resulted in all northbound traffic from Mexico being shut down according to the Los Angeles Times.  Upon collapsing, the scaffolding trapped 15 vehicles; eight victims were able to escape their vehicles.

Emergency crews that responded to the accident assisted in extricating the remaining people trapped in their vehicles.  Of the eleven who were taken to nearby hospitals, only one was considered to be injured seriously.  Four of the eleven were construction site workers who were working at the Port when the accident scaffolding collapsed.

According to reports the scaffolding was a part of major expansion at the border crossing.  While investigations as to why the scaffolding collapsed are underway, it was not reported whether OSHA would be investigating the accident.  The San Ysidro Port of Entry is located in San Diego and is the nation’s busiest border crossing.  One day after the accident, 13 of the 24 northbound lanes reopened.  Every day, approximately 25,000 pedestrians and 50,000 vehicles enter the U.S. at the crossing.

According to U.S. Customs and Border Protection, the scaffolding collapsed around 10:45 in the morning on Wednesday, falling on to vehicles entering the United States at the massive border-crossing facility on East San Ysidro Boulevard.  Support beams and pieces of concrete were part of the debris that fell on vehicles during the collapse.  With an accident of this magnitude, it is a wonder that no one was killed and that there were not more serious injuries.

Construction workers are at a higher risk of accidents with injuries than workers in any other industry in the United States.  In this case, innocent bystanders were injured as well as construction workers.

If you or a loved one have been injured on a construction site, whether a worker or visitor to the site, contact the New York construction accident lawyers at Brown Chiari.  Brown Chiari Buffalo injury attorneys are able to help you determine what route to take to obtain the compensation you deserve.

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Why You Need a Kansas City DUI Attorney for Fair Representation

If you’ve been charged with “driving under the influence,” also known as being charged with a “DUI,” you need a Kansas City DUI attorney so that you’re fairly represented in court. Your attorney will make sure that your rights are protected and that the process is as fair as possible.

It’s not just “driving drunk” anymore

Although “driving drunk” may have at one time been seen as a small offense, that’s not true any longer. If you’re charged with driving drunk or driving under the influence of other mood altering substances like drugs, you can face some very serious consequences. Today, laws are very strict, such that you could face suspension of your license, fines, or jail time if you’re convicted of this offense. Your Kansas City DUI attorney will carefully look at your case and make sure that your rights are completely protected. In some cases, he or she may even be able to get the charges reduced or dismissed, especially if there’s a question about procedures followed, your guilt, and so on.

What if you’re innocent?

Indeed, driving drunk is a very serious offense such that you could harm yourself or others if you get behind the wheel when you’re under the influence. However, there are also cases when you know you’re completely innocent of any crime, and may be pulled over anyway. Perhaps you really did have “one drink” and are not at all impaired, but were pulled over for some other reason. In that case, the result of being pulled over for DUI could be an unfair charge; if that happens, you’ll need the services of a Kansas City DUI attorney to make sure your case is represented fairly and that charges are dismissed if at all possible.

Even if you’re guilty

Even if you are guilty of a DUI, your Kansas City DUI attorney can help make sure you’re represented fairly throughout the proceedings, so that any convictions match the offense. For example, if you’re a first-time offender, your attorney may be able to get your charges reduced if you do certain things as the Court requests, such as taking classes on alcohol and driving safety, and pulling no further offenses within a certain period of time. Regardless of the actual outcome, however, your Kansas City DUI attorney will almost always be able to get you a better result than you would get if you tried to go it alone. Retain the services of an experienced criminal defense attorney, and make sure your rights are protected at all times.

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The Right and Wrong Way to Use Lawsuit Loans

Lawsuit loans are often found to be necessary while waiting for a personal injury or other litigation case to be settled or go to court. The litigation financing is often required to help offset the out of pocket expenses related to the case or injury such as medical bills and necessities due to time off work. It may also be required for research purposes or expert testimony.

There are several ways you can go about getting lawsuit loans. The important thing is to find a lender that deals in settlement funding and believes in your case enough to take a chance that you will be able to repay the loan. Companies that specialize in these loans typically do not require credit checks and other background information.

Once you have the loan money it can be very tempting to use it in many different ways. Perhaps you have a car that is beat up and would like a newer replacement. Or perhaps your home could use some improvements like a more modern kitchen or bathroom. These projects and luxuries are often what comes to mind when someone receives a large lump sum of money.

However, this is not what these loans are designed for. You need to use the money you get from lawsuit loans for their purpose. This litigation funding is there for you to be able to pay your medical bills and other expenses along the way during your case. It is not there for you to spend blindly. However you decide to spend your lawsuit winnings is entirely up to you, but this money should be earmarked for the expenses you need to pay while you are waiting for your lawsuit to settle.

Of course, there are some expenses that must be paid and if you are out of work you may need to use the lawsuit loans for that purpose as well. This is perfectly acceptable. You can use the money to pay for your basic needs such as utilities, food, and your housing payment or rent. This way you can survive until you receive your judgment or are able to go back to work.

Lawsuit loans are to be repaid upon winning your lawsuit and having the money in hand. If you have an experienced attorney, you may find that the fees for taking out the loan may be reimbursed to you as part of your settlement or judgment amount. You may even be able to claim all of the expenses incurred throughout the lawsuit in your judgment, in which case you can easily repay the loan and still have plenty of money left over for whatever you want or need.  Keep in mind that with litigation financing, should you lose your lawsuit you do not repay the funding company, as the process is non-recourse.

Posted in Personal Injury

What Are Settlement Loans and How Do They Benefit You?

When you are injured in an accident or have filed a wrongful death lawsuit, settlement loans are a way to get the money you need right away instead of waiting for months or possibly years for your settlement.  Litigation funding companies offer this advance against your pending settlement, so that you can avoid financial devastation while trying to get the money that is rightfully yours.

Even though you may have been in good shape financially prior to filing a lawsuit, financial issues often arise.  If you are injured and unable to work, medical bills add to your expenses while your income is less than it was before.  This can quickly lead to money problems and in some cases bankruptcy.  Lawsuit loans are a way to lessen the impact to your life so that you can continue with your lawsuit in order to secure the full settlement you deserve.  Insurance companies rarely offer you full compensation, so don’t be fooled in to taking whatever they offer to pay you.

Litigation financing is a process that helps you live normally even though you are going through so much.  You may be seriously injured, or your injuries may prevent you from working for the foreseeable future.  Why should you be forced to accept only a small portion of what you are entitled to?  Settlement loans allow you to pay your household bills, medical expenses and other costs so that you can keep the wolves at bay while continuing to fight for your rights.

Sometimes it seems that life just isn’t fair.  You were the one injured because of someone else’s negligence, yet everyone wants to take advantage of you – including the insurance company.  Through no fault of your own, you are unable to work and the bills are driving you crazy.  Why should you face possible financial ruin when you are the victim?  Settlement loans are a great solution, and are actually a cash advance rather than an actual loan.  Should you be approved, you do not repay the litigation funding company until you have won your settlement and have the money in hand.  If for any reason you do not win, you are not responsible for repaying the funding company since the process is non-recourse.

There are absolutely no up-front costs so you won’t have to spend money in order to get the process started.  Qualifying for a settlement loan is easy, and requires no information other than the details related to your lawsuit.  If litigation financing sounds like a reasonable solution for your situation, learn more by going online or discuss it with your lawyer.  It’s your money, why shouldn’t you have access to it now?

Posted in Personal Injury

Napa Home and Garden Recalls Defective Firepots Following Numerous Injuries

According to the Consumer Product Safety Commission, Napa Home and Garden, Inc. has announced a voluntary recall of its firepots after 37 reports of problems, 23 of these being burn injuries.  Some of these injuries have been serious enough to require hospitalization.

Most of the problems stem from the firepots bursting in to flames after lighting.  Two victims who received serious burns have filed lawsuits against the company.  One Florida woman was visiting relatives in South Carolina when flames from a nearby firepot shot up in flames, leaving her with burns on 30% of her body.  The incident occurred on May 25th, and as of June 22nd she remained in intensive care.

In another incident with injuries, a South Carolina woman suffered badly burned legs after her husband lit a firepot and it exploded, causing a fire.  Her husband was also injured, though not as seriously as the woman who almost lost her left foot and underwent numerous surgeries.  Rachael Smilowitz is a 33-year-old mother of two children, and one of the two individuals to file a lawsuit against the company.

The firepot fuel has been sold at gift stores, national and regional chains, Amazon.com and other stores including Bed, Bath and Beyond since December of 2009.  The firepot fuel is a clear, flammable gel that is to be poured in to a stainless steel section inside of the firepot, which is used for decorative purposes.  While the gel is meant to burn slowly, many who have purchased the firepots have had the NAPAfire and FIREGEL Gel Fuel products flare up when lit.

Individuals filing these lawsuits allege negligence on the part of the makers of the firepot, Georgia-based Napa Home and Garden, Inc. and the companies that supply the packaging and fuel for the firepots.

The gel fuel is clear and packaged in one-gallon plastic jugs as well as one quart plastic bottles.  Consumers are urged to stop using the gel fuel immediately and to return the product to the retailer where purchased for a full refund.  Approximately 460,000 jugs and bottles were involved in this recall.

It is often surprising that the simplest things can result in serious injuries.  These decorative firepots typically cost between $5 and $78, and you wouldn’t expect a product that you light to add beauty to your home would burst into flames.  Defective products often catch the consumer unaware, often resulting in catastrophic injuries.

Brown Chiari is a team of Buffalo defective product attorneys dedicated to protecting the rights of our clients.  Contact one of our Buffalo injury attorneys for a free evaluation of your claim.

Posted in Personal Injury

Maker of Botox Loses $212 Million in Virginia Lawsuit Over Side Effects

Douglas M. Ray, a 67-year-old Fredericksburg, Virginia man, has recently been awarded $212 million by a Richmond federal jury in a lawsuit filed against Allergan, Inc., the maker of Botox.  Ray claimed he suffered permanent brain damage after receiving Botox injections for cramps and tremors he was suffering in his hand in 2007.

In the lawsuit, Ray claimed that the drug giant Allergan had failed to warn him that injections of Botox could trigger an autoimmune reaction; Ray said that the treatment left him disabled.  Of the $212 million awarded to Ray, $200 million was for punitive damages and $12 million compensatory.  Under Virginia law, the $200 million in punitive damages will be capped at $350,000 according to Caroline Van Hove, a spokeswoman for Allergan which is based in California.

Van Hove denied that Allergan failed to provide proper warnings, stating in an e-mail that every known risk associated with the use of Botox is in fact warned about and based on scientific properties of the drug.  It isn’t known yet whether Allergan will appeal.  Ray Chester, Douglas Ray’s attorney, stated that if Allergan does appeal the verdict he will attack the constitutionality of the $350,000 cap.

Ray was often left confused and disoriented following the Botox injections, and was unable to care for himself.  According to Ray Chester, Allergan was aware of these kinds of side effects but did not warn doctors and patients sufficiently about these possible side effects in an effort to avoid losing sales.

Botox or botulinum first came on the scene as a treatment to smooth wrinkles; today, it is also used to treat migraine headaches and muscle stiffness.

Whether Allergan did in fact provide sufficient warnings to physicians and patients is not known, it is a fact that manufacturers often do not provide sufficient warning on products which can lead to injuries or even death.

Brown Chiari is a dedicated team of New York defective drug recall attorneys intent on protecting the rights of and securing justice for our clients.  Please contact us for a free evaluation of your case.

Posted in Defective Drugs

Faulty Chin Strap Buckles Lead to Recall of Youth Bicycle Helmets

Bell Sports of Scotts Valley, California has recently recalled 33,600 of the Bell Exodus full-face bicycle riding helmets with chin straps involving plastic buckles.  The helmets have a defect that could put riders at risk of serious injury in the event that an accident takes place.

Sold at Amazon.com and Walmart stores across the nation for $50 to $60 between the dates of August 2009 and March 2011, the plastic buckle that connects the chin straps can fail.  This could cause the helmet to fall off of a rider’s head leaving them vulnerable to serious head injuries should an accident occur.

While the  majority of the helmets were sold in Massachusetts, some were sold in other areas of the U.S.  2,500 of the bicycle helmets were sold in Canada.  One report of injury has been received by the company; in this bicycle accident, the injured rider required facial stitches.

Consumers are advised to cease using the bicycle helmets immediately, and to contact Bell Sports for a free replacement of a defective helmet.  The company can be reached at 866-892-6059 Monday through Friday between the hours of 8 a.m. and 5 p.m. central time.

Models included in this recall include:

1003825/035011898025  Colors of this model orange/grey/black
1006714/035011917719  Colors of this model blue/grey/gold/white/black

Defective products are responsible for thousands of injuries and deaths each year.  Products that can cause injury include prescription and over-the-counter drugs, toys containing small parts or lead paint, mini-blinds, high chairs, tires, faulty equipment in cars, heavy machinery and many more.

If you or a loved one have suffered serious injuries or even death due to faulty or defective products, products not clearly labeled or products without warnings of potential hazards, contact the New York defective products attorneys at Brown Chiari.  Contact us today for a free evaluation of your case.

Posted in Personal Injury

Indiana Shoplifting Laws: The Harsh Penalties for Breaking the Law

Indiana shoplifting laws are tough; when caught, you have harsh penalties to face, even if it is your first offense.  If you haven’t stolen property that does not belong to you, don’t start now.  If you’ve already made the mistake and have been charged, it is essential that you consult with a reputable Indiana shoplifting attorney.  Indiana shoplifting laws should not be taken lightly.

Our office is located at:

Stark Law Offices, Criminal & DUI Defense
201 N. Illinois St., Indianapolis, IN 46204 (317) 273-8888

It’s fairly easy to understand why individuals may be tempted to shoplift today.  The economic conditions are tough; people have lost their jobs and money is tight.  However, considering the harsh penalties under Indiana shoplifting laws you should consider that the fees and penalties you will pay if caught far outweigh the costs if you had just paid for the items you stole.  When you are caught shoplifting, it is a humiliating experience that could cost you your reputation on top of everything else.

Shoplifting is a criminal offense and is considered theft.  Depending upon the value of the property you stole, you may be charged with a misdemeanor or felony.  When you make a mistake and disregard Indiana shoplifting laws you will regret it, but everyone makes mistakes.  If you find yourself in trouble with the law after taking property that is not yours it is essential that you contact a qualified Indiana shoplifting lawyer at once.

It could very well be that your actions were misinterpreted and that you did not steal anything at all.  Whether guilty or innocent, you need sound legal counsel.  A good lawyer will consult with you about the details of your case and help determine the proper course of action to take.  The ideal situation results in charges being dropped, but when this is not possible you want penalties reduced as much as possible.

Typically under Indiana shoplifting laws you will be charged with criminal conversion if the items you took were valued under $250; this is a Class A misdemeanor.  If the stolen goods are worth more than $250 you may expect to be charged with a Class D felony theft offense.  Either way, you will most likely face steep fines, court fees and possible jail time.  Is it really worth stealing someone else’s property considering the impact to your life, a permanent criminal record and a ruined reputation?  If it’s too late and the deed has already been done, consult with an experienced attorney for the best possible outcome.

Sacramento Multi-Vehicle Accident Involving Six Big-Rigs Leaves One Dead and Over a Dozen Motorists Hospitalized

A multi-vehicle accident in severe white-out conditions recently left one man dead and more than a dozen hospitalized for their injuries in the high Sierra.  The accident involved more then forty vehicles, including six big rigs.  The accident caused a complete shut down on Interstate 80 near Yuba Gap, 70 miles east of Sacramento.

According to the California Highway Patrol, the accident was a chain-reaction crash caused by a heavy snowstorm and white-out conditions in the Sierra Nevada.  One man who died appeared to be in his 60′s according to CHP Sargent Curtis Fouyer.  Fouyer died when he stepped out of his truck as one of the big rigs had begun rolling over several cars; he was crushed in the accident.

Many motorists were not injured, but remained trapped in their vehicles for a time.  Just before the tragic accident occurred, officials had announced that tire chains were required on that portion of Interstate 80.

While it is certain that weather conditions played a big role in this accident, it is also clear that many drivers were not paying attention or failed to drive cautiously in the white-out conditions.  Big rigs are heavy, and often loaded with tens of thousands of pounds of goods, making it even more difficult for them to stop, particularly when roads are slick and icy.  Although it is advised to avoid getting on the roads in extreme weather conditions, this tragic accident may have been avoided if drivers had been on alert and driving with extreme caution.

Big trucks are often involved in accidents on our nation’s highways.  Frequently, drivers are rushing to make appointments on time with too little sleep, speeding, or insufficiently trained.  Faulty equipment or trucks that are not well maintained may lead to an accident.  While it isn’t clear in this instance if a big rig was at fault, it is clear that something went wrong for a big truck to roll over several cars.

Brown Chiari is a team of Buffalo New York truck accident lawyers dedicated to representing the rights of those who have been injured in accidents involving large or commercial trucks.  Contact us today for a free evaluation of your case.

Worker Killed, Another Injured in Ohio Construction Site Accident

One worker was killed and another injured recently in the Colerain Township area of Ohio.  Workers were replacing vinyl siding on a duplex when the tragic accident occurred.  A 30-year-old man, David Macarthy of Fairfield, was pronounced dead at a nearby hospital shortly after the accident.

Rodney Whitler, 43, was injured in the accident and admitted to University Hospital.  The fatal accident occurred when high winds blew a metal pole in to power lines at the duplex.  The pole was being used to erect scaffolding for the siding job.  Both Macarthy and Whitler were working for A.E. Vinyl Siding of Cincinnati.

A third worker, Brian Stanfield, stated that the accident, although horrible, was nobody’s fault.  When the men began work, winds were calm.  According to Stanfield, as the two workers raised poles at the right side of the duplex to hold the scaffolding, the wind began to blow, blowing one of the poles in to the power lines which were also located on the right side of the building.

Whitler had severe burns to his hands and feet, but worked with Stanfield to try to resuscitate Macarthy before ambulances arrived.

Construction accidents can occur in the blink of an eye.  In this tragic accident, the power lines in to which the metal pole blew were carrying 7,200 volts of electricity.  While we typically think of construction sites as large areas where there are dozens of workers, heavy machinery and other equipment, smaller sites can prove just as dangerous and deadly.

Although Stanfield claimed the accident was nobody’s fault, it is likely that the workers would be eligible to file a workers’ compensation lawsuit.  In the case of Macarthy, who died from injuries sustained, his family might consider filing a wrongful death lawsuit.

Learn more about Buffalo injury attorneys at Brown Chiari

The Buffalo NY construction accident lawyers at Brown Chiari are dedicated to protecting the rights of those injured in construction site accidents as well as the rights of survivors when a fatality occurs.  Contact us for a free evaluation of your case today.

Posted in Personal Injury

Lexington, KY Construction Site Worker Injured in Four Story Fall

A bricklayer was seriously injured on February 18th after falling four stories at a construction site where he was working.  According to news reports, the man, whose name was not released, was transporting supplies on the fourth floor where he was laying brick when he accidentally backed out of an opening.  The construction site was a new dorm being built at St. Catherine College. (article provided by Buffalo injury attorneys)

When the man backed out of the opening, he fell and struck a forklift, then hit the gravel below face-first.  The worker suffered from a collapsed lung and broken arm, and was transported to UK hospital.  According to first responders, the victim was talking after hitting the gravel.  The accident happened at around 3 p.m., and work at the construction site was suspended for the remainder of the day.

The injured many worked for River City, a Louisville-based masonry subcontractor according to officials at St. Catherine College.  The project management company overseeing the construction is BCD out of Bardstown.

Construction site accident happen every day, resulting in injuries to workers and visitors alike.  There are many risks involved for those who work these hazardous sites.  Old equipment and machinery, scaffolding, ladders, forklifts, falls from higher levels such as seen in this accident, even explosions.  This is one of the riskiest professions today.

It’s often difficult to know who is responsible for injuries that take place on construction sites.  Is the project management company, the subcontractor, your employer or the general contractor responsible for costs related to your injuries?  Will workers compensation cover all of your medical expenses and lost wages?  This is a complex area that requires the expertise of a skilled lawyer.  Often, a third-party lawsuit is necessary in order for an injured construction site worker to be fully compensated.

At Brown Chiari, we specialize in complex cases that require extensive knowledge and skills.  If you have been injured in a workplace accident, contact our skilled team of New York construction accident lawyers.

Posted in Personal Injury

Should You Hire a Kansas City Personal Injury Attorney When Injured in an Accident?

It is crucial that you obtain the services of an experienced Kansas City personal injury attorney when you are injured in a car, motorcycle or big truck accident.  Accidents happen in the blink of an eye, and now you find that your whole life has changed due to someone else’s negligence.  If you are injured seriously, you may be unable to work for weeks, months or even longer; in the worst case scenario, you could be permanently disabled.

A seasoned Kansas City personal injury attorney will work aggressively on your behalf to protect your rights.  Insurance companies will try to take advantage of you and pay you far less than you are entitle to.  A compassionate lawyer will make certain that the insurance companies do not win, and that you get every dime of compensation you deserve.

You may not realize how seriously an accident can impact your life.  If you have severe injuries to your neck or spinal cord, you could be in a wheelchair for the rest of your life; medical equipment and extended care costs money.  You should expect to be compensated for any costs related to your injuries, but at the very least you deserve to be paid for medical expenses, repairs to your vehicle if it was damaged, and pain and suffering.  A capable Kansas City personal injury attorney will mount a strong case on your behalf to ensure that justice is served.

No one expects to become involved in an accident, and when it does happen you may not know where to turn or what to do.  Of course, your first priority should be to seek medical attention for your injuries.  The next most important thing you can do to protect your rights is to contact a competent personal injury attorney in Kansas City.  Any lawyer will tell you that there are a few things you must do at the time of the accident in order to protect your rights, such as calling police, filing an accident reports, and gathering information from the other party or parties involved in the accident such as pone numbers, license plate numbers, insurance information, etc.

The sooner you consult with a Kansas City personal injury attorney, the better your chances of getting all of the compensation you are entitled to.  Your lawyer will being an investigation immediately; locating witnesses and preserving evidence as soon as possible is vital to a successful outcome.

When someone is careless and their negligence results in the injury of other people, they should pay.  Contact a skilled Kansas City attorney right away, and rest assured that he will fight vigorously to put your life back on track.

Posted in Personal Injury

California Nursing Home Resident Dies After Wandering; Family Files Wrongful Death Lawsuit

Just hours after being admitted to Sunshine Villa Assisted Living Facility in Santa Cruz, California, a woman wandered from the facility and was found dead three days later from hypothermia.  The woman’s sons, Erik and Ronald Kuentzel have filed a wrongful death lawsuit against the facility, after which Sunshine Villa filed a request to have the matter resolved via binding arbitration.  This means that the facility wished to have a neutral or third party determine the outcome, which Santa Cruz Superior Court Judge Timothy Volkmann denied.

It was known when the woman entered Sunshine Villa that she loved to walk and suffered from dementia.  In fact, the brothers purchased a device that is designed to help people keep tabs on an individual who is prone to wandering, WanderGuard, from the nursing home so that Sunshine Villa could keep an eye on their elderly mother.  Hours later, she wandered from the facility and died.

Carol Fundingsland was admitted by her sons at 1 p.m. on Friday, April 9th, 2010 and disappeared about 5:30 that afternoon.  The facility did not realize that she was missing until around 9 p.m. that night.  Erik and Ronald Kuentzel are seeking compensatory and punitive damages on behalf of their mother, who was 74 years old.

Erik, who states that he was reassured several times by Barbara Quinton, the facility’s director of community relations that his mother would receive special care, said that “The worst part about this situation is that my mother died a totally preventable, traumatic and painful death.”  The WanderGuard bracelet purchased by the brothers was never placed on Fundingsland by staff at Sunshine Villa.

Nursing home abuse and neglect is a rising problem today.  While we trust these facilities to care for our elderly loved ones, this is too often not the case.  If you suspect abuse or neglect of your loved one in a nursing home or elder care facility, contact Brown Chiari nursing home abuse and neglect law firm.

GLENN H BROWN MD
Posted in Nursing Home Abuse

A Skilled New York Construction Accident Lawyer Will Protect Your Rights and Secure Full Compensation

It’s easy to blame your employer when you have been injured while working at a construction site.  As skilled construction accident attorneys in New York, we know that the fault often lies with equipment manufacturers, property owners and contractors.  These types of cases can be complex, so you need an attorney who is experienced and capable of getting the compensation your deserve for your injuries.

Workers’ Compensation may cover a portion of your expenses, but beyond that, what do you do?  A knowledgeable New York construction accident attorney understands that the laws in this state are very favorable towards an injured construction site worker.  The construction company, as well as the general contractor and the owner of the site may be held liable in various ways.  Now you can see why you need an experienced lawyer; in these types of circumstances, it is likely that several contractors or companies may be sued.

Construction site accidents can happen in the blink of an eye.  Consider all of the potentially dangerous conditions and equipment.  Scaffolding, ladders, bull dozers, lifts, compressed gas explosions – the potential for an accident is around every corner.  This is one of the most dangerous industries in which to work, and injuries happen frequently.  When they do, a dedicated New York construction accident lawyer will work aggressively to ensure that those responsible are held fully accountable.

Unless you have been injured in a construction site accident before, you likely have no idea where to turn or what you are facing.  Typically, Workers’ Compensation will pay all of your medical expenses and 2/3 of your weekly wage.  On top of that, you may file a lawsuit against others that may be responsible to you under the Labor Law, which may include an owner or contractor.  As you can see, the complexity of these situation requires the expert knowledge of a seasoned New York construction accident attorney.

If you have been injured on a construction site, contact a reputable and skilled team of Buffalo injury lawyers to ensure that your rights are protected, and that you get every penny of compensation you are entitled to.

Posted in Personal Injury

Preparing Your Los Angeles Personal Injury Claim

After a personal injury accident in Los Angeles, victims are faced with a number of difficult challenges. Dealing with medical treatment, phone calls from insurance adjusters, and juggling your work and family life not easy. Although, this may be a difficult time, it is important to stay focused on recovering and preparing your personal injury claim.

The first thing you should be aware of is that the insurance adjuster is not your friend. An adjuster works for the insurance company to settle your claim for as little money as possible. Every dollar an insurance adjuster saves on your claim is another dollar of profit for shareholders. To receive a fair settlement from an insurance adjuster you will need skill in to areas: preparation and negotiation.

Preparation is key to any personal injury case. You would not take a trip to Europe without planning all the details. A personal injury claim is no different in this regard. Start the preparation of your case by answering the following questions:

  1. What is the strength (evidence) of your claim? The strength of your case will be the evidence you provide. Prepare statements of witnesses, police records, photos, documentations of your losses and so on.
  2. What are similar claims generally resolved for? Go to your local law library and find similar cases. Don’t be afraid to reference these cases when negotiating.
  3. What is your settlement goal? This number should be the ideal amount you would like to walk away with. Keep it within reason.
  4. What is your settlement bottom line? Define the lowest amount you will settle your case for. Make sure this will pay for all of your expenses, pain and suffering, as well as future expenses that will be incurred from your accident.
  5. What alternatives do you have if you don’t settle?

Before you begin your personal injury claim, it is important that you consult with a skilled personal injury lawyer in Los Angeles. The best personal injury attorneys in Los Angeles will offer free consultations to all injured accident victims.

Posted in Personal Injury

Salmonella Outbreak Sickens 26 in Kenosha County Wisconsin

The Baker Street Restaurant and Pub is the possible source of a recent salmonella outbreak in Kenosha County, Wisconsin.  According to the Kenosha County Health Department, the restaurant has been shut down after 26 confirmed salmonella sicknesses were reported.  As of July 15, there was no indication of what the cause or source of the salmonella outbreak is.

The restaurant is located in Green Bay Wisconsin, and an employee of Tricoli Restaurants, which owns the Baker Street Restaurant and Pub, stated that several people who had eaten at the restaurant became ill with salmonella according to Knosha News.  According to Tom Stemple, the employee who gave the information to Knosha, the owner of the restaurant was contacting employees of the restaurant to make sure they were tested for salmonella.  This is all being done in an effort to locate the source of the salmonella contamination, according to Stemple.

The owner of Baker Street Restaurant and Pub is trying to do everything possible to ensure that employees and the public are protected, and that the source of the contamination is determined.  The number of people becoming ill because of salmonella bacteria continue to increase daily.

Anyone with symptoms of salmonella in this area are asked to contact the Health Department at 262-605-6700.

This food poisoning procesild salmonella symptoms such as nausea, diarrhea and abdominal pain in healthy individuals, which usually last only a few days.  Other individuals, including the frail or elderly, young children, and those with a weakened immune system may be at an increased risk for serious complications.  If you develop symptoms of salmonella, seek a doctors advice.

Those who have become ill with salmonella food poisoning after eating foods that were possibly tainted should contact a New York food poisoning attorney, who can advise you of whether you may be eligible for compensation of costs related to your illness

Brown Chiari is a team of experienced Buffalo personal injury attorneys helping clients with legal needs in a variety of injury types.

Posted in Food Poisoning

A Capable Kansas City Spinal Injury Lawyer Will Fight Aggressively for Justice

If you have suffered spinal injuries in an accident that was caused by another party, you need the services of a reputable Kansas City spinal injury lawyer.  You have rights, and those who caused your injuries should be held accountable.  You may be eligible for compensation for expenses related to your injuries, not only now, but in the future as well.

Spinal injuries can occur in any number of ways.  You may have been involved in a car accident that left you injured, a slip and fall in which dangerous or slippery floors were not marked as such by the owner of the property, a boating accident or some other mishap.  No matter how it occurred, if someone else is at fault you deserve justice.  A highly respected Kansas City spinal injury lawyer will work hard to make sure that you get compensated for those injuries.  Mounting medical bills and other costs may be depleting your bank account, but those responsible will pay.

All too often, many attorneys are quick to settle a case out of court and not take the current and future needs of the client in to consideration.  A compassionate Kansas City spinal injury lawyer will make certain that your long-term needs are taken care of, and that all aspects of your accident and injuries are investigated thoroughly so that those responsible cannot worm their way out of the charges.

Your entire life may be altered when you suffer spinal injuries; you may not be able to walk, or you may have problems sitting or lying down for extended periods of time.  You may never be able to work again.  When someone else’s negligence changes your life forever, an aggressive Kansas City spinal injury lawyer will make certain they pay for their careless actions.

An attorney who genuinely cares about your needs and your future will interview witnesses, preserve evidence, work with law enforcement, and take any other necessary steps to ensure that you get total justice.  When your livelihood and your future are affected because someone else was negligent, put it in the hands of a Kansas City spinal injury lawyer who will go the extra mile to make sure you get the compensation you deserve.  Don’t let those who have changed your life forever get away with it!

Posted in Personal Injury

How a Capable Indiana DUI Lawyer Can Offer You a Positive Outcome When Charged with DUI

A compassionate Indiana DUI lawyer has your best interests at heart, and will work hard to ensure that your rights are protected when you have been charged with driving under the influence.  Right now, most likely you are in shock and just thinking “What have I done?”

Before you speak to anyone, contact a reputable Indiana DUI lawyer who can advise you on what you should or should not do. You may be tempted to run to the first lawyers office you see or one that is located in your neighborhood, but that is definitely not advisable.  Just because an attorney in your area is well known does not mean he has in-depth knowledge of DUI laws, and you are putting your future at risk by hiring someone onname or location.  You need an Indiana DUI attorney who has devoted himself to defending those charged with criminal offenses, and who has represented thousands of litigants in the same situation you are in.

When you decide to hire an attorney, also be leery of those who simply want to talk money and demand they be paid on an hourly basis.  Some lawyers are just in it for the money, and will enter plea agreements just so they can get the case over with without representing your rights and challenging the case.  They want money and a quick out, plain and simple.  A reputable Indiana DUI lawyer will challenge evidence, talk to investigators, and even question whether the officers who arrested you had a reason to stop you.

When proper protocol is not followed in an arrest, it can work to your advantage.  A qualified Indiana DUI lawyer knows every loop hole of the law, and he fights aggressively to ensure that you face a more positive outcome. While you may be facing stiff penalties, loss of your driving privileges and even jail time, a good attorney will do his best to make certain that your rights are protected; if there is any way possible, you will not face jail time or loss of your drivers license.

Today, people do not put up with those who drive while under the influence.  Organizations such as MADD and others fight to make sure that those who drink do not get behind the wheel of a car.  Because of the uproar, penalties and punishments for driving under the influence are becoming stiffer and more severe than ever before.  If you have been charged, don’t wait another minute.  Your reputation and freedom hang in the balance; it is essential that you contact a highly regarded Indiana DUI lawyer at once!

Stark Law Offices, Criminal & DUI Defense
201 N. Illinois St., Indianapolis, IN 46204 (317) 273-8888
450 E. 96th St., Ste. 500 Indianapolis, IN 46240 (317) 818-6035
23 South 8th Street, Noblesville, IN 46060
3209 West Smith Valley Road, Greenwood, IN 46142

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