Common Mistakes to Avoid With Workers’ Compensation Claims

Posted by Adam R. Leighton on Jan 23, 2018 in Uncategorized | Comments Off on Common Mistakes to Avoid With Workers’ Compensation Claims   If you were injured at work, you have the right to file a workers’ compensation claim and receive benefits. However, it can be a complicated process. If you don’t take all the proper steps, you could make a mistake that could jeopardize your claim. Here are some common workers’ compensation claims you need to avoid:   Not Reporting Your Injury Immediately   When you get hurt in the workplace, it’s crucial to let your employer know about your injury as soon as possible. Waiting even a couple of days to report your injury can hurt your chances of getting fair compensation. Be sure to follow your employer’s policy for reporting worksite accidents.   Failing to Submit a Timely Claim   Workers’ compensation claims get denied all the time because of lateness. If you don’t submit your claim within the deadline, the judge will likely reject it. It’s also important to make sure all the information in your claim is accurate. An experienced workers’ compensation lawyer may help you fill out your claim in a timely manner and check it for possible errors.   Not Seeing Medical Attention Right Away   It’s critical to have a doctor inspect your injuries as soon as possible. He or she can determine the extent of your injuries and advise you on the appropriate treatment. If you delay medical care, your employer may think that you aren’t as hurt as you say you are and deny your claim.   Not Getting a Second Opinion   After you get hurt at work, you must see the doctor your employer directs you to. However, that doesn’t mean you should seek a second opinion from your own doctor. He or she is aware of your medical history and may offer his or her own recommendations.   Not Listening to Your Doctor   In order to keep receiving workers’ compensation benefits, you have to follow your doctor’s orders. Go to all of your scheduled appointments and follow your doctor’s suggestions for treatments, whether it’s surgery or medication.   Not Looking for Work   If you have recovered from your injury enough to do work, it’s important for you to look for jobs. Your current employer may even be able to make appropriate accommodations to your job. If you don’t seek work and you are physically able to do so, your benefits may get discontinued.   Failing to...
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When to Call an Attorney for Slip and Fall Accidents

Posted by Adam R. Leighton on Jan 20, 2018 in Uncategorized | Comments Off on When to Call an Attorney for Slip and Fall Accidents It is important to contact an experienced attorney if you were injured on the property of another. Working with someone who can navigate through the legal system alongside of you is important, as there are several possible directions a case can lead you. An attorney with experience can ensure that you are prepared for anything that may arise along the way, especially if your claim goes to court.   Will My Case See the Courtroom? It is important to note that depending on case specifics, the outcome of cases can vary, meaning it’s possible that your claim could be settled out of court. Despite this, in most cases, slip and fall claims often see the courtroom. Hiring an attorney if you decide to file a claim will help to prepare you when the time comes to appear in court.   Good Faith Negotiations It is more common for slip and fall cases to go to litigation because of the type of negotiations that can occur when you are on another person’s property. In some situations, it could be your word against the defendants in terms of whether or not you were warned of the danger on their property.   Proving Negligence When it comes to more clear cut cases such as motor vehicle crashes, determining who is at fault can be much more obvious. In some cases, property owner’s will not want to take responsibility for the accident because there is not always clear evidence to back up the claim. This may require that you go through a court process in order to receive the compensation that you are entitled to.   Will an Attorney Refuse my Case? In some situations, an attorney may not feel confident with litigating in the courtroom. This is largely in part to an attorney not wanting to risk having a win by seeing the case to litigation. It is important to note that settlements are not guaranteed in slip and fall accidents. Hiring an attorney who can help you be prepared for the courtroom and provide you with a solid defense will be important for a positive outcome. Being the victim of a slip and fall accident will likely be  a challenging experience. Your daily life may be impacted in ways you couldn’t have even imagined. It can be stressful to have to contend with medical bills piling up along with the physical...
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What a Personal Injury Lawyer Can Do For You

Posted by Adam R. Leighton on Jan 19, 2018 in Uncategorized | Comments Off on What a Personal Injury Lawyer Can Do For You   Battling a personal injury can be incredibly stressful. You likely have high medical expenses and worry about when or if you will be able to return to work. The idea of pursuing a lawsuit to get compensation can be overwhelming. That is what a personal injury lawyer is there for. An experienced personal injury lawyer has handled many similar cases in the past and will do everything possible to ease your stress. Here are some important things a lawyer can do for you:   A Personal Injury Lawyer Can Evaluate Your Claim Just because you were involved in an accident, does not necessarily mean that you will be able to recover compensation. For example, if you were involved in a car accident that occurred because you were speeding, it’s unlikely that you will be able to pursue a lawsuit against the other driver. A personal injury lawyer can evaluate your claim for free and determine if it’s worth it to pursue legal action.   A Personal Injury Lawyer Will Protect Your Rights Insurance adjusters are in the business of making money and may do whatever it takes to avoid paying you the settlement you deserve. For example, an insurance adjuster may ask to speak to you about the accident and get you to admit some guilt for an accident. If you have a skilled personal injury lawyer on your side, he or she will not allow the insurance company to do this. He or she will communicate with insurance adjusters on your behalf.   A Personal Injury Lawyer Is a Skilled Negotiator A personal injury lawyer who has been practicing in the field for a while will likely have a lot of experience negotiating with insurance companies. He or she will know the approximate value of your case and work hard to convince the insurance company to give you a fair settlement without going to trial. For example, if you suffered a severe back injury during a car accident, your lawyer can argue that you will have future medical expenses and need a higher settlement.   A Personal Injury Lawyer Can Prevent You from Making Bad Decisions It’s difficult to remain objective in your own personal injury case. That is why it is so important to have an experienced personal injury lawyer by your side. He or she can keep you from making the wrong decisions. For example,...
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Medical Malpractice Cases Regarding Anesthesia Errors

Posted by Adam R. Leighton on Jan 16, 2018 in Uncategorized | Comments Off on Medical Malpractice Cases Regarding Anesthesia Errors Individuals can be very seriously injured if they receive inappropriate care from an anesthesiologist. What is interesting about anesthesiologists is that they are the only doctors that have no requirement to submit a full written report after a surgery. Anesthesiologists usually take a few moments before surgery to speak with the patient about what to expect because they are in charge of the entire control medication during that surgery. They are there to ensure that you, as a helpless patient, are treated properly. There are many different errors that an anesthesiologist can make during a surgery due to negligent and reckless acts. The most common are listed below: Failing to investigate the patient’s medical history to see if they would have any complications outside of the anesthesiologist’s control. Failing to inform the patient of all risks involved with the surgery. Failing to closely monitor the patient’s vitals for any distress signals. If a patient loses oxygen during surgery, which can be one of the worst outcomes of improper anesthesiology, this can be grounds for a medical negligence case as well. If the anesthesiologist in charge of putting the intubation tube down the patient’s throat does not do so with the proper care, it can cause irreversible damage to the patient’s trachea and esophagus. This is usually due to improper training. If the intubation tube is not placed correctly, the patient can suffer from aspiration. Aspiration means that the stomach contents come up and are breathed directly into the airways. The problem is that when a patient is sedated, they have no control over what goes down their airway or into their stomach. So when a patient throws up during a surgery, when they breathe in it goes straight into their lungs. If a patient is given too much anesthetic, they can suffer from hypoxia. This is a lack of oxygen and is the very worst thing that can happen to a patient. This can lead to permanent brain injuries, and in many cases, even death. Anesthesia injuries, which can be catastrophic to patients, occur in hospitals as a result of things beyond the patient’s control very often. When a patient goes into a hospital, regardless if it is for elective surgery (which is a surgery scheduled far in advance) or non-elective surgery, they expect to be taken care of properly without any complications. Sadly, this is not the case...
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Do I have a medical malpractice case?

Posted by Adam R. Leighton on Jan 15, 2018 in Uncategorized | Comments Off on Do I have a medical malpractice case? Medical professional are expected to meet a standard of care in order to provide safety to patients. When the standard of care is breached, and a patient sustains an injury as a result, the medical provider or institution is held liable for all related damages. If you have been the victim of injuries sustained as the result of a medical provider’s negligence or erroneous care, then you may be entitled to compensation. You should contact a lawyer in the case that you have sustained injuries from any of the following medical situations.   Medical Negligence General medical negligence occurs when the standard of care has been breached. Negligence can refer to a number of actions, or lack thereof, that can result in harm or injury. The most common forms of medical negligence include: A doctor or other medical provider performing a treatment or procedure in a way that deviates from the standard of care required, or When inappropriate treatments are performed or recommended If an injury is sustained as a result of medical negligence, then, with proper evidence, you may be entitled to compensation for the resulting damages.   Negligent Nursing Another form of negligent care happens when the nursing staff breaches the standard of care. Negligence in this case may occur during the care of patients before and after treatment or procedures. Examples of this nursing negligence include: Nursing staff fails to properly tend to recovering patients, or Improper medication or the wrong dosage of medication is administered Even if the injury occurs during recovery, after the procedure or treatment, negligent nursing may be valid grounds for a medical malpractice case.   Misdiagnosis or Delayed Diagnosis A misdiagnosis or delayed diagnosis of a medical condition, illness or disease can result in severe illness or death. Doctors are required to make medical diagnoses in a competent and skillful manner by following specific methods. If the misdiagnosis or delayed diagnosis occurred because a doctor failed to follow procedure or failed to maintain skillful standards, then they may be at fault for the injury or death. The following are ways in which a doctor may be found liable after a diagnosis resulted in a death or injury: The doctor did not include the correct diagnosis that a doctor of similar stature under similar circumstances would have The doctor did include the diagnosis as a possibility, but did not perform proper tests...
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