An injury or severe illness is taxing enough on both patients and their loved ones. The situation can be made worse when a health care provider does something or fails to do something that causes more harm to you. Medical negligence occurs when the treatment you received falls below the accepted standard of practice in the medical community, either by act or omission on the part of a doctor or nurse that causes injury or even death to the patient. If you or a family member has suffered negligence on the part of a medical professional, you may be entitled to legal relief.
In preparation for your free attorney consultation, put together a timeline of everything that happened before, during and after the incident occurred. Provide this information to the attorney reviewing your case.
Because this information can be extensive and proving negligence is a difficult matter, be aware that this process may take a while. Medical negligence cases are based largely on your medical record. Especially with a more complex medical issue, your medical record can be very long, which makes the negligence case more complex, as well. If you have a medical negligence case, it’s best to meet with an attorney to begin the proper collection of your medical records as soon as possible.
In order to prove that your healthcare provider was negligent, it must be proven that the care they provided did not meet the standard of care expected. This typically requires testimony by a medical expert in the same field to establish the standard. It must also be proven that you were injured as a result of the negligence and that significant damages, such as extreme pain, disability, loss of income, and large medical bills, were caused.
Medicine is not an exact science, and doctors can make mistakes, but some errors are the result of medical malpractice and should have been prevented. If you’ve dealt with medical negligence, speak to an attorney as soon as possible. These types of cases are often long, difficult to litigate, and require an experienced professional.
If you’ve been in a car accident, you know how difficult it can be to protect yourself financially, especially while your heart’s still racing. Along with any emergency medical needs, police reports and dealings with insurance companies, an accident affects you in another important way, especially when you want to sell or trade your vehicle in later. The value of your car has now been permanently lowered.
How does an accident affect my car value?
When your vehicle is damaged in an accident, your car may suffer Diminishment in Value. Even after repairs, the value of your vehicle will be lower than it would have been had your vehicle never been damaged in the first place. Even if there is no remaining visible signs of damage, any insurance claim attached to the Vehicle Identification Number (VIN), will show up on your vehicle’s history report. If a potential buyer asks whether your vehicle has been in an accident, Arizona requires even private sellers to disclose all prior damage caused by accidents. This includes when trading in your vehicle.
What is Diminished Value?
Diminished Value is the difference between the fair market value of the property (your vehicle) immediately before the occurrence and its fair market value after it is repaired.
Can I Collect Diminished Value?
So long as another party is at fault for the damage to your vehicle, Arizona law requires the at fault party to compensate you for any proven diminished value of your vehicle.
How Do I Collect Diminished Value?
The most effective way to obtain compensation for Diminished Value is to hire an expert to prepare a Diminished Value Report. This report must include the methodology used to determine Diminished Value and a recognized authority that supports the assessment.
If you’ve been in an accident that was the other driver’s fault, you are entitled to compensation, which may include the diminished value of your vehicle. An experienced lawyer can help you recover all of your losses.
It’s common knowledge that cars depreciate in value over time, and if you buy a brand new vehicle, the simple act of driving it away from the dealership decreases its resale value. What you may not know is that in the event your vehicle is involved in an accident, the resale value of your car is permanently decreased, even if you make all the repairs to restore it.
Basically, when an accident occurs, your car suffers what’s called Diminished Value. Diminished value is that portion of a damaged vehicle’s pre-Loss Value that has not been restored through the repair process. For the sake of courts and insurance companies, diminished value comes in three varieties:
- Immediate diminished value: This is the difference in value of your car as it was before the damage happened and immediately after, before any repair work has been done. When you have to go to court to seek reimbursement, this is the number typically used.
- Inherent diminished value: This is the difference in value before and after an accident, assuming that the best possible repair work has been done to the damage of your vehicle. This is the most widely used number when you’re talking trade-in value. It’s “inherent” because even if your car’s been fully restored, it has a significant damage history now.
- Repair related diminished value: This is often tacked on to the inherent diminished value when the repair work was less than optimal. It could be minor cosmetic damage or major structural problems that were not or could not be fixed.
Even if there’s no remaining visible signs of damage to your vehicle, dealerships will know about it, and thanks to services like Carfax, most private buyers know how to look up a vehicle history, too. If you filed an insurance claim for the repairs, it will show up on your car report, and you are pretty much guaranteed that dealers will lower the amount they offer you as a result. If your vehicle sustains damage in an accident, it may be possible to receive compensation for the diminished value of your vehicle. An experienced attorney can help determine the amount of your losses and help you recover them.
With the billions of items produced every year, every now and then, a defective, unsafe or poorly designed product makes its way to the public, and the manufacturer must issue a recall. It’s important to know when a product in your home, car or refrigerator has been recalled and also what to do when you find out you’ve purchased a recalled product.
When a product is recalled because of a fault, your rights to get a refund or a replacement depends on whether the fault makes the product unsafe. When it doesn’t and the fault can be easily repaired, you’re entitled to a prompt repair with all costs covered.
When fault makes goods unsafe, you have the right to reject the goods and claim a replacement or a refund from the retailer (not the manufacturer). Often, the manufacturer will provide instructions to both consumers and to the retailers that carry the product.
This is the most critical type of recall. In some cases, recalled products such as car seats and cribs have caused fatalities. The most important action to take is to stop using the item right away. Once a recall is initiated, the Consumer Product Safety Commission will issue a press release on its website. You can even sign up for email alerts about recalls at cpsc.gov.
This is another critical one. Here’s what to do if you’ve bought food that has been recalled:
- Don’t panic! Most food recalls are not associated with a food illness outbreak, and often, food manufacturers issue a recall as a precautionary measure.
- Don’t eat the food. Even though the food product may be recalled as a precaution, do not eat it! Don’t give the food to other people and don’t feed it to your pets.
- Don’t open the food. Resist the urge to check it. You can’t really see or smell bacteria or viruses, anyway. If you do open the product, wash your hands thoroughly for 20 seconds after handling it.
- Check the recall notice to find out what to do with the food. When a manufacturer recalls a food product, they provide instructions on what to do with the product, which typically includes returning the product to the store or disposing of the product properly so that other people or animals cannot eat it (especially if you opened it).
If you or a family member has been affected by a recalled product, you may be entitled to legal relief. Talk to an attorney today to discuss your case.