Los Angeles Lawyer Talk

Are you a good driver? Do you pride yourself on the safety precautions you take, only to have found yourself on the losing end of a battle with an 18-wheeler? If you have come out of a situation like that alive, you’re lucky – but you may also have pretty substantial injuries. If so, don’t waste a moment. As soon as you have received medical treatment, make sure you contact New York truck accident lawyers to take a look at your case. These lawyers are professionals who know how to evaluate complicated cases involving big trucks; the stronger your legal representation, the more likely you are to win.

Be careful what you say to the “authorities”

Although the authorities from the trucking company may seem to have your best interests at heart, they really don’t. Their job is to get out of this as quickly as possible, to their own benefit. Therefore, as soon as you can, get representation and have your New York truck accident lawyer do the talking for you. A skilled attorney knows how to negotiate fairly with the authorities and what to say, and knows how NOT to give away your right to a fair court proceeding when a fair settlement cannot be reached with the insurance company.

Relax, and heal

One of the best things about hiring a New York truck accident lawyer is that you can really sit back and let your lawyer do most of the work. If you’re injured, you’ve got a lot to worry about anyway; the last thing you want to be doing when you’re trying to get better is to have to spend a lot of time arguing about what you deserve. You’re not at your best, and even if you could conceivably handle this kind of stress under normal circumstances, now is not the time to be doing it. By hiring an attorney to do the job for you, you can step away from most of the stress of your case and focus on healing, while your New York truck accident lawyers take care of the legal issues.

No worries about money, either

In addition to not having to worry about doing your own negotiating, you do not have to pay your Buffalo NY truck accident attorney upfront. Instead, your lawyer will carefully investigate your case and take you on contingency if you qualify. Essentially, your lawyer receives a portion of your settlement or jury award if you win, but will take nothing if you lose. Relax, focus on getting better, and let the experts handle your case while you recuperate.

You probably know that there are certain building code regulations that require buildings to be stable for their occupants. However, getting those buildings put together is a dangerous job in and of itself. If you’re in construction, you know that this is not a job for the faint of heart. It takes bravery and perseverance just to be able to do the work required in construction. Even with proper safety measures in place, construction accidents can happen, though; if you’re unlucky enough to be among those who are injured in construction every year, there’s help. New York construction accident lawyers may just be able to help you get more compensation for your injuries than you think you have coming to you.

Workers compensation, yes, and (perhaps) so much more

It’s not always true, but it’s often true that you have more recourse than just simple workers’ compensation benefits coming to you if you get injured in an accident while you’re working on a construction job. If you work in construction, your employer already provides benefits for you, likely, that give you recourse to pay for medical expenses, and perhaps for disability payments related to the injury while you recover. The fact that your employer provides workers’ compensation benefits for you in the event of injury is an acknowledgment that yes, an accident can happen, and that you have a right to be treated and to receive benefits from your employer if you are injured on the job.

Third-party lawsuits

In some cases, New York construction accident lawyers will investigate your case and find that in addition to workers’ compensation benefits, you also have what are called third-party lawsuit options available to you. If you file as a plaintiff in a third-party personal injury lawsuit, you are in effect suing a third party as someone who is at fault for the accident that happened to you. If there’s an equipment malfunction that caused the accident, for example, you can sue that equipment’s manufacturer, marketer, or anybody else involved in that product’s development, distribution or manufacture for the fact that it malfunctioned. This gives you recourse and resources that you might not otherwise have available to you, and they may be available in addition to traditional workers’ compensation benefits.

Need help with filing workers’ compensation benefits?

There’s another thing Buffalo NY construction accident attorneys can help you with, and that is with the paperwork you need to file for workers’ compensation benefit. New York construction accident lawyers know that workers’ compensation benefits can be anything but straightforward, and the paperwork is fairly complicated. Do it wrong, and you could find yourself deprived of your benefits when you most need them. Hire professionals to do the job right the first time, and ask New York construction accident attorneys to help you with the process.

Most people know that pit bulls, German shepherds, Doberman Pinscher and other breeds of dogs are aggressive and may bite or attack.  The fact is, nearly any breed can inflict a bite at a moment’s notice, causing serious injuries.  Arizona dog bite attorneys will work to ensure that the owner of the dog is held accountable, and that you, as a victim, are fairly compensated for your injuries when bitten or attacked by a dog.

Not only do breeds that are known to be aggressive cause serious or even disabling injuries every year, those that have been abused or neglected are also prone to bite or attack.  An Arizona dog attack lawyer will work vigorously to prove the owner’s negligence, and to secure the full compensation a victim deserves for medical costs, lost wages, pain and suffering and other damages.

Dog owners are required to take certain steps to ensure that people are not at risk of injury from their pets.  This may include using leashes to restrain a dog, fences, and other borders so that the public is not at risk of suffering a dog bite or attack.  Sometimes a dog may get loose no matter how many precautions the owner has taken, but he/she is still responsible if someone sustains injuries inflicted by his or her dog.  A dog bite lawyer in Arizona will negotiate with the insurance company to ensure you get the full compensation you deserve, or take the matter to court if need be.

Some of the injuries that are common with dog bites include puncture wounds, loss of a digit (such as a finger), scarring and even permanent disfiguring to the face/neck, which can be not only extremely painful but cause emotional scarring.  You may be frightened of all dogs for the rest of your life, or experience nightmares because of the experience.  Talented Scottsdale Personal Injury attorneys work to get you compensation for not only medical costs, but for emotional suffering as well.

If you have suffered injuries due to a dog bite or attack, it is critical that you seek the services of a competent Arizona dog attack lawyer right away.  There are steps that must be taken early on to ensure that your rights are protected, which an attorney will discuss with you.  Your attorney will answer any and all questions, and offer you the legal guidance necessary to ensure that you are fully compensated for what you have been through.

Just a few weeks before the New Year, a scaffold collapsed on December 16, 2011, closing West 14th Street in Chelsea. Fortunately, no one was hurt, but too often these kinds of accidents result in serious injuries, indeed. Builders can face serious penalties if they fail to ensure that workers are safe during construction, and workers themselves must be vigilant that they are protected at all times. Nonetheless, if you work in construction and you’ve been injured in an accident like that described above, you need the services of a personal injury lawyer in New York to help you pursue your case if indeed you do become a victim.

Serious?

Although some construction accidents can certainly be as simple as a sprained ankle or something equally minor, many accidents, like that described above, can have serious consequences that can put you out of commission for a significant period of time – or even forever. A New York construction accident lawyer has a job to do, which is to make sure you get fair compensation for the injuries you’ve received. In some cases, of course, you may be injured on the job as a matter of course, which would require you to file for workers’ compensation.

Workers’ compensation vs. other possible lawsuits

Filing for workers’ compensation isn’t exactly the same as suing your employer; it is a system that has been set up so that you get the compensation you need to recover from injuries without actually having to sue your employer. With workers’ compensation, your employer acknowledges that you could get injured on the job, and takes steps to make sure you get the compensation you need without actually having to go to court to get medical bills, benefits, and other needs taken care of while you heal.

However, there is something else to consider: if some type of employer or third party negligence occurred, whereby structural defects or equipment malfunction caused an accident to happen or another situation to come about so that your injury took place, you could be eligible for more than simple worker’s compensation. Your New York construction accident attorney may be able to help you file third party lawsuits against equipment manufacturers or other parties responsible for the accident that caused your injury to occur. This allows you to get more money than simple worker’s compensation, which may be very necessary if you are facing a long period of recovery, extensive rehabilitation, or permanent disability so that you can no longer work. Even if you can work again, you may need to be retrained in something besides construction if your physical injuries have been serious enough to prevent a return to your trade.

Contact a construction accident attorney NY and ask to have your case thoroughly reviewed before you proceed with any type of workers’ compensation filings in relation to your accident.

It’s no surprise to anyone that Dallas 18 wheeler accidents can leave innocent people with serious injuries or even worse.  In December of 2011, two Dallas police officers were injured while assisting in a Dallas traffic accident, as an 18 wheeler slammed into the police vehicles.  On December 2nd, the officers were working a minor accident on Interstate 635 when a the driver of the 18 wheeler could not avoid the patrol cars; in his attempt to do so, his rig jackknifed and slid into the patrol cars.  The condition of the officers was not known immediately following the accident, after they were taken to Parkland Hospital.

The driver of the big rig was found to have a small amount of alcohol in his system after being given a sobriety test.  It is not uncommon for drivers of 18 wheelers to get behind the wheel after drinking, or even to be under the influence of drugs, whether over-the-counter or otherwise.  This behavior puts not only their own lives at risk, but the lives of other motorists.  When a driver is even slightly impaired, it can affect his/her judgment and reflexes, leading to serious or even fatal accidents.

As experienced Dallas 18 wheeler accident attorneys, we realize that normal size vehicles are no match for these massive big rigs, which often weigh 80,000 lbs. or more when loaded.  Drivers often get behind the wheel when they are exhausted due to little sleep; in their efforts to make more money by rushing to pick-up and deliveries, they put others lives at risk.  Frequently, drivers of 18 wheelers drive at speeds too fast for road or weather conditions. Faulty equipment or older trucks that are not properly maintained may cause an accident.

In 2006, according to the NHTSA (National Highway Traffic Safety Administration), 106,000 people were injured in accidents involving large trucks such as 18 wheelers in the United States; nearly 5,000 lost their lives in these accidents.  This means that on average, 400-plus people suffered fatal injuries in accidents involving big trucks in 2006.  To a Dallas 18 wheeler accident lawyer, this is a devastating figure.

18 wheelers are unable to stop as quickly as a normal size vehicle, increasing the risk of serious accidents on our highways and interstates.  Big rigs often follow too closely for comfort; if the car in front of them were to suddenly stop, the results would be disastrous.

Dallas 18 wheeler accidents are far too common, unfortunately they continue to occur on a regular basis.  As compassionate Dallas 18 wheeler accident lawyers, we work to protect the legal rights of those who have sustained injuries in accidents involving big trucks.  You may be eligible for compensation of costs related to your injuries, such as medical expenses, lost wages and more.

All Arizona construction accident lawyers know that those who work in the construction industry work in one of the most hazardous industries in the workplace.  While it is required by law that construction sites are made safe for those who work at the sites, many companies choose to overlook the rules and regulations.  Unfortunately, this results in severe and even fatal injuries on a frequent basis.

If you work in the construction industry, you probably realize that you can file for workers’ compensation; however, you may need to take further action if there are several parties involved who may be responsible – and filing for workers’ comp is no walk in the park, either.  It is a complex process that often requires the assistance of a lawyer.  Experienced construction accident attorneys in Arizona can help you determine if another party or parties may be liable for the injuries you have sustained, and whether you should file a lawsuit for compensation above and beyond what workers’ compensation provides.

Who may be responsible when an accident resulting in injury occurs?  Engineers, general contractors, designers, equipment manufacturers, property owners and architects are just a few of the parties that may be liable for costs associated with your injuries.  For example, a faulty piece of equipment may have caused the accident, which means that the equipment manufacturer could be responsible.  Determining who may be at fault is a complex and confusing process that requires the expertise of a dedicated Arizona construction accident attorney.

Some common causes of construction site accidents include:

Accidents involving scaffolding, ladders or cranes
Electrocution
Malfunctioning of cranes, bulldozers and other equipment
Cave-ins
Defective tools and machinery
Falls from elevated heights, such as in a multi-story building

If you suffer severe or life-altering injuries, workers’ compensation will likely not be enough for you to meet your expenses.  A compassionate Arizona construction accident lawyer will work to determine which parties are at fault, how the accident occurred, and investigate whether safety measures were put into place.  Once it is determined which party/parties are liable, your attorney will work diligently to prove negligence and hold those responsible accountable for their actions.  He/She will also work to determine how much your injury claim is worth, then proceed to secure the full amount of compensation on your behalf.

Hiring a competent construction accident lawyer in Arizona is the smartest thing you can do to protect your legal rights and ensure that justice is served.  When you or a loved one has sustained serious injuries in a construction site accident, consult with an attorney right away.

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.

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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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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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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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.

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?

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.

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.

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.

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.

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.

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.

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.

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.