After a severe injury, fully recovering your health should be your number one priority. It’s also important to recover your financial health. If your injury was caused by negligence of some sort, whether it was sustained in a car accident, a slip and fall on someone else’s property or any other case when someone else is potentially liable, it’s important to figure out the true cost of your personal injury.
The monetary value attached to a personal injury claim is based on “damages” which includes monetary costs of medical treatment, mental distress and several others. Here’s a list of damages that are common in many personal injury cases:
Medical treatment. This is almost always included in a personal injury case and includes reimbursement for treatment you’ve received and for the estimated cost of future medical care you’ll need as a result of the injury.
Income. This includes salary and wages that you’ve lost during recovery as well as “loss of earning capacity” which is money you would’ve been able to make in the future had the injury not occurred.
Property loss. Most common in car accidents, if any personal property of yours was damaged as a result of the accident, you’re entitled to the cost of repairs or the fair market value of the property if it is unable to be repaired.
Pain and suffering. This is the kind of damage to which an exact dollar amount cannot be attached. You may be entitled for pain and suffering damages especially if there’s a surgery involved.
Emotional distress. This damage claim is more common as the injury is more severe. You can be compensated for the psychological impact of an accident, including fear, anxiety and sleep loss.
Loss of enjoyment. This means that the accident has caused you to stop enjoying daily activities, such as hobbies and recreational activities.
Loss of consortium. This relates to how your relationships have suffered as a result of your injury– the loss of companionship or the inability to maintain a sexual relationship, for example.
If you’ve been in an injury, you may not be aware of all the damages for which you can be compensated, or how much of a toll an accident can take on your life. That’s why it’s important to speak to a personal injury attorney who has experience with liability claims. If you’ve been injured, give us a call today for a free consultation.
As a motorcycle rider, you understand the higher risks that you face every time you’re on the road. Motorcycle riders are 26 times more likely to die in an accident than someone riding in a regular car and are five times more likely to be injured. Statistics have shown that two thirds of accidents involving a motorcycle are the result of the other vehicle violating the motorcycle’s right of way.
Since motorcycles are smaller, they’re often obscured by other vehicles or by weather conditions. This is especially true in intersections, where 70 percent of accidents involving a motorcycle occur. Another possibility is that at higher speeds, the front end of a motorcycle can begin to wobble due to a misalignment of the front and rear tires. If an accident results, this could raise product liability issues and the manufacturer could be held responsible. Of course, it’s important to stay on top of the maintenance schedule for your motorcycle and continue to use caution. Motorcycles require a high degree of skill, much more so than a car. It’s important to stay aware of the limitations of the motorcycle and of your own as a rider.
Arizona only requires riders under the age of 18 to wear helmets. If you’re in an accident when you’re not wearing the helmet, you can still recover medical expenses as long as the accident is the other driver’s fault. If possible, you should take pictures of any injuries and damages to your motorcycle. It’s important to understand what takes place during a motorcycle accident and what to do with uninsured motorist.
Since the potential for damage is so high and the majority of the accidents are the other driver’s fault, motorcycle accidents raise some big issues regarding liability. Because of this, it’s important that motorcycle riders are aware of their legal rights when involved in a traffic accident. If you or a loved one has been involved in a motorcycle accident, speak to Schenk & Podolsky, your personal injury attorney who knows rider’s rights.
We’ve all heard horror stories of a contaminated food that has caused serious illness or untimely death to a consumer. Luckily, there is a regulatory body in place, the Food and Drug Administration, that has a system in place to handle these types of situations. Here’s a rundown on how the FDA recall system works:
A product recall is an action to remove a product from the market. It can be initiated by the firm who manufactures the product, by FDA request or by FDA order. When a recall is issued, it falls into one of three categories:
- Class I recall: there is a reasonable probability that the use of or exposure to the product will cause serious illness or death.
- Class II recall: use of or exposure to the product may cause temporary or medically reversible adverse health consequences.
- Class III recall: use of or exposure to the product is not likely to cause adverse health consequences.
“Class I Recall” extremely urgent.
This type of recall is pretty rare, but when they happen, they make national news due to their urgency. Examples of Class I Recalls include labeling mistakes on prescription pills, food contaminated with bacterial pathogens, and defective artificial heart valves. In the event of Class I Recall, the FDA develops an individual plan specific to the manufacturer and the product involved to make sure that the product is completely removed from the market and the results are trackable.
“Class II Recall” intermediate threat.
A Class II recall is issued where there is no immediate danger of death or other serious injury linked to the product, but the risk of death or a serious injury is still present. This is a preventative measure when there are still health and safety risks involved. The FDA still implements the plan for removal of the product from the market.
“Class III Recall” no immediate threat.
This type of recall is issued when there is not an immediate danger to consumers, but a product has been released in violation of FDA regulations. For example, in 2010, a batch of children’s medicines were potentially contaminated with small pieces of plastic during manufacturing.
To keep up-to-date on food recalls, go to foodsafety.org. If you or a family member has contracted a foodborne illness, you are entitled compensation for medical expenses. The first step is to speak to an experienced personal injury attorney. Contact Schenk & Podolsky to schedule a consultation today.