Personal injury cases, such as work injury or medical malpractice, are some of the most common legal actions taken in the United States. Nearly 2.9 million workplace illnesses and injuries were reported in 2015. Unfortunately, some of these personal injury cases may not see justice because of detrimental mistakes in their medical records.
Medical records that omit information or have misleading information can create problems in the court of law even if you have a skilled personal injury lawyer. For this reason, it’s important that you are aware of the possible problems that may happen in your medical records and what you should do should a problem occur.
Common problems found in medical records
Many medical record problems or inconsistencies occur when you’re given treatment in the emergency room or when your doctor is between appointments. If you’re unconscious during treatment or in too much pain to provide accurate information, medical professionals may not record all injuries you may have sustained from your accident.
Additionally, the doctor may record how you came to have your injury, but not the specifics. Medical records can contain small mistakes when the doctor is seeing you between patients and records their notes later in the day.
Tips for ensuring accuracy in your medical records
While it’s important to consult with your personal injury lawyer the details of your medical records’ mistakes, it’s also important that you take a proactive approach with your medical professionals. Tell your medical professionals exactly what hurts during your visits even if the concern is minor.
Minor concerns may turn into major concerns later and it’s better to have them on record than not at all. After you’ve seen your medical professional, ask to review your chart. This will give you a first-hand account of what has been written down and what needs to be changed. You’ll also be able to catch any mistakes before they’re recorded in final form and brought into the court of law.
Mistakes made on your medical records can be detrimental to your court case. Misinformation can make the judge or court doubtful of your injuries and can very well cause you to lose your case. Consult your personal injury lawyer for legal advice if you find a mistake on your medical records in order to address the problem as soon as possible.
At any given moment in America, almost 660,000 drivers are manipulating some form of electronic device on the road. Considering that, the likelihood that a car accident will happen is scarily high. But do you know what to do after you’ve been in a car accident? If not, we’re here to help. Here’s a short list of things you need to do immediately after a car accident.
Call the Authorities
Whether it was a small accident or a more serious one, make sure you immediately call the authorities after it happens. Their report of the accident can not only provide evidence in a courtroom, it can provide valid documentation of your car’s damages to an insurance company. The documents and assistance provided by law enforcement will be essential in the weeks and months after your accident.
Seek Medical Attention
While many car accident injuries are outwardly obvious, there are still more that could be internal. If you don’t seek the appropriate medical treatment immediately, you could miss your opportunity to contact a personal injury attorney. Even worse, you could suffer from serious medical complications that may have otherwise been prevented.
Whether the accident was serious or not, it’s essential that you exchange information with the other driver. This will ensure you have a point of contact for future interactions, whether it be with insurance or in court. But be careful! Never admit fault after an accident, as it could be used against you in court later.
Hire an Attorney
Speaking of court, hiring an auto accident lawyer should be the next item on your list, especially if you suffered moderate to severe injuries during the accident. The sooner you contact a car accident lawyer or a personal injury lawyer, the better. This way, any information about the crash will still be fresh in your mind.
Car accidents can be traumatic events, so make sure you take the time you need to calm down, asses the situation, and seek out the appropriate medical attention. These are the most important things to remember immediately after you’ve been involved in an accident.
Utah lawmakers are deciding on what could become the strictest DUI law in the nation. The bill, which passed in the state’s House Law Enforcement Committee, would lower the legal blood-alcohol content for driving from 0.08 to 0.05%.
Bella Dihn-Zarr, vice chairperson of the National Transportation Safety Board, is testifying for the bill.
“I am not here today to stop people from drinking,” she said in a statement to The Salt Lake Tribune. “I am here to stop people from dying.”
Utah joins the ranks of other states which have recently implemented new DUI laws, including Ohio. In the first days of 2017, Governor John Kasich signed “Annie’s Law,” which reduces the 12-month license suspension for first-time offenders if they use ignition interlock systems, breathalyzers that allow a car to start only if the user’s blood-alcohol content is under the legal limit. The law is named after Annie Rooney, who was killed by a drunk driver in 2013.
At this time, more than 1 million people in Ohio have been convicted of driving while impaired. This conviction can not only result in license suspension, but also carries a $250 to $1,000 fine. For accident-free cases in which the offender has no prior record, a DUI attorney can negotiate a plea bargain if the blood-alcohol content is bordering the legal limit of .08%. DUI laws in Ohio cap this limit at .02% for individuals under 21 years old.
While DUI laws by state vary, an attorney will be able to explain the specific rights guaranteed to convicted individuals and the possible measures to limit consequences. For example, a DUI lawyer may be able to challenge a case despite the evidence from a blood-alcohol content test. Attorneys can also use witnesses and video surveillance footage in these challenges. If convicted, the offender could see an impact on future opportunities, including employment status and the ability to obtain a loan.
Nearly 45,000 people in Ohio have faced these consequences more than five times, according the Ohio Department of Public Safety. New DUI laws such as “Annie’s Law” are designed to decrease reckless driving, especially for those already convicted, and avoid the above consequences.
While driving a car is one of the most common and convenient ways to get around, it also comes with incredible danger. The more you know about the risks of the road, the more you can do to be a safe and smart driver. Here are 10 surprising statistics about traffic accidents that can help drivers be more aware while on the roads.
- Close to 1.3 million people around the world die in road traffic accidents every year. That averages out to 3,287 deaths per day.
- Alcohol-related accidents are one of the leading causes of deaths in car crashes. In 2013, around 31% of all fatal crashes involved drivers who were impaired due to alcohol consumption.
- Nationwide, vehicle accidents cost an average $897 per person in damages, not including the additional costs of hiring a local car accident lawyer to handle the case.
- Large trucks pose a significant threat to all drivers on the roads. In the year 2012, large trucks (defined as vehicles with a gross weight over 10,000 pounds) were involved in accidents that injured 104,000 people and killed 3,921 more.
- Young and inexperienced drivers are also more likely to be involved in traffic accidents. Every year, around 8,000 people are killed in accidents where drivers are between 16 and 20 years old.
- Distracted driving is on the rise. Every day, an average of nine people are killed and 1,153 accidents occur as a result of distracted driving.
- Speeding is another common cause of traffic accidents, cited as a contributing factor in 29% of all road fatalities in 2013. These rates tend to be higher for young males aged 15 to 24 and for motorcycle accidents.
- Pedestrians are also at risk from negligent drivers. Around 65,000 pedestrian injuries were reported in 2014, with over 4,800 deaths.
- People who send or read a text message are 23 times more likely to be involved in a car crash than other drivers. It takes an average of just three seconds of distraction to cause an accident.
- Driver fatigue, or “drowsy driving,” can also cause serious impairment behind the wheel. Over one-third of all drivers admit to having fallen asleep while driving within the past year.
If you have been involved in a crash, do not hesitate to call a local car accident lawyer to help you with your case. An experienced accident attorney can help make sure that you receive the compensation you need to get back on the road safely.
If you’ve ever felt like California drivers were the worst in the country — well, you may not actually be too far off. A new study by insurance comparison site QuoteWizard says that California ranks second-to-last in terms of driver safety, outdone only by drivers in the state of Utah.
The company used data from the Federal Highway Administration, state records of speeding tickets, auto accident fatalities, and DUIs, and its own user reports to come up with the final rankings. The best drivers came from Rhode Island and Florida, followed by Mississippi, Michigan, and Nevada.
Specifically, California ranked ninth in terms of the most number of speeding tickets issued, fifth for traffic violations, seventh for accidents, and — perhaps most troubling of all — second-highest in the country for the number of DUIs, or drivers operating vehicles while intoxicated. Previous research suggests that a drunk driver will take to the roads 80 times before he or she is ever arrested for a DUI.
So what can you do to stay safe on California roads? For one, drive sober and keep distractions like cell phones out of sight, especially during rush hour traffic on the morning or afternoon commute.
“The economy might be to blame for California’s low rankings,” read the analysis from QuoteWizard. “Going to work usually means driving in California, and more driving means more accidents. Miles traveled per person increased 27 percent in Sacramento between 2009 and 2014, for example, and that could be due to the state’s economic upswing post-recession.”
Along with Sacramento and Oakland, Anaheim ranked third in the worst driving cities in California itself. If you do get into an accident on the roads, be sure to call a local car accident lawyer right away. An auto accident attorney can help you get the compensation you need to address personal injuries or damages not covered by insurance.
Our car accident lawyers understand that driving around the Los Angeles area can sometimes feel like a nightmare. California may be home to some awful drivers, but don’t let that stop you from practicing smart and safe driving habits all year long.
Getting caught drunk driving is a pretty big deal, and can really have a bad effect on your record. If it becomes a recurring event, the truth is that you could easily have your license taken away. This might inhibit you from driving your children to school or driving yourself to work.
That is why it is so important to make sure that you can quickly mitigate the effects of a DUI as soon as possible. Check out some of the following tips:
Play It Safe
Go to the drug counseling courts, take the classes, and nod along as much as you can. The truth is that you need to prove to the court that you are sorry and that you are willing to try your best to remedy your ways. You will be able to drive sooner if you simply complete all of the requirements needed of you.
How far can you go to settle a divorce case — which, on average, can take up to a year to settle? As Joel B. Eisenstein of Lincoln County found out, hacking emails crosses the line in court.
The lawyer and part-time prosecutor is being accused of hacking emails in a divorce case he represented, lying to the judging about it, and then threatening another attorney. So what happened?
Gregory J. Koch was seeking to divorce his wife. During this time he was able to access his wife’s email through “hacking”; in this case, guessing her password. He used this information to access conversation between her and her attorney, as well as download a private payroll document. Eisenstein, as his attorney, should have informed the opposing counsel of this information, and as divorce advice advised his client not to obtain hacked information; instead he used it to prepare for the settlement conference.
Stephanie L. Jones, the opposing counsel, discovered the oversight on the second day of the trial, and immediately reported it to Associate Circuit Judge John Essner. Eisenstein then claimed, in front of Essner, that he had never seen the information. This claim was quickly invalidated by Koch, who admitted under oath to having given to documents to Eisenstein after accessing them.
Eisenstein, for his part, claims that he never closely examined either the payroll document or the list of questions. However, the Aug. 26 disciplinary hearing panel said that he had, indeed, used illegally obtained evidence while also “unlawfully concealing” the questions. The panel recommended an indefinite suspension of his law license, which Eisenstein and his lawyer have rejected.
Email: Divorce Advice: Don’t Hack
The lesson to be learned from this case: while email and text messages can often seem like a more gray area of the law, both parties in a divorce case need to proceed legally when it comes to obtaining this information. During discovery, email evidence can be produced by request, or in other cases, a request can be made to inspect an entire computer. Attorneys can also, in certain situations, subpoena cell phone providers if there are text messages involved that can help to prove the case.
You are allowed to enter another party’s email as evidence if you can prove that you had open access to a shared computer (and email). Both Federal and State laws are clear on the event of unlawful interception; you cannot access someone’s computer or email without their permission and use those communications as evidence in a divorce case, and divorce lawyers are not allowed to overlook illegally obtained evidence. Not only can this lead to exclusion of the evidence, but it can also lead to legal sanctions (as Eisenstein found out).
The divorce rate for a first marriage is about 41% and 60% for a second marriage, meaning that many people are going through this. The divorce process doesn’t need to be complicated. Your best divorce advice is to follow the letter of the law, along with your family law attorney’s advice.
If you or someone you know has ever been the victim of a civil rights violation, police brutality, or prison neglect/abuse don’t stay silent. There are attorneys who could love to offer your legal advice based on their expertise. Here are a few good things to know:
1. Civil Rights Violations – Unlike other types of law such as medical malpractice where 97% of claims are clearly due to injury, civil rights violations are much more complex. It is important to know your civil rights and if you are concerned that someone or some place has violated them it’s not a bad idea to schedule a legal consultation. Many civil rights attorneys are happy to sit down with potential clients who may be concerned or confused about their civil rights.
2. Police Brutality