If you have suffered a severe injury from a defective medical device, and you are wondering if it makes sense to sue the manufacturer, we may have a few tips for you. As an important decision as it is, you might need some additional information and input from a skilled attorney to answer it.
How to know if you have a valid case?
To have thoroughly answered the best advice is to consult us by phone 480-757-5000
This is where the years of experience and seeking justice for clients before you will come into play. Professionals can always see the standpoint of a case so they can decide if it’s worth pursuing from a legal and financial perspective.
Your lawyer should always make sure that you are within the statute of limitations and that you have sufficient evidence to prove your case and compare your situation to other similar cases to estimate how much compensation you might be able to recover. A reasonable probability lawyer will analyze your situation, and examine your case to other similar cases to determine how much benefit you might be able to recover. Also, a good lawyer should analyze the defendant’s perspective and explore the possibilities of counterclaims.
What do I need to prove to win a products liability case?
This is a product liability lawsuit if you are making a defective medical device case.
To sustain your case you need the following elements:
• You sustained an injury
• The product you used was defective
• The product’s defect caused your injuries
• You were using the product as specified in the time of the injury
Who might be liable for my injuries from a defective medical device?
In defective product case, you may begin with the manufacturer of the device, but there is a whole chain of commerce liable for your injuries as well including the suppliers, distributors, wholesalers, and retailers that were connected to the development, creation, and sale of the defective product.
What are the potential outcomes of a products liability lawsuit?
A trial can take a lot of time and effort, much of it will be boring, frustrating and time-consuming. Be prepared to see less than appealing aspects of human nature on display during the trial, and after all planning and preparation, and energy wasted, the jury might not rule in your favor, and you will not end up any better than when you began. The odd advice is, you should check out some television, cause sometimes, it can manifest some interesting detail that might have validation in real trials.
With a skilled liability lawyer who can present the case with strong evidence and arguments, you could prevail and feel vindicated for taking the time and effort to make the case to trial.
There’s a lot of elements involved. We at Schenk and Podolsky won’t take your time into settlements that can be disputed. We work hard and appreciate our clients. Call today for free consultation.
What To Do After A Truck Accident?
When involved in an accident that involves a large commercial truck or another large industrial vehicle, it can be a horrific experience for everyone involved, no doubt about it. The victim struck by the large commercial vehicle can be severely injured or killed due to the size and mass of the truck. If you or your loved one was involved in such an accident, let us help you navigate the legal process and what to do.
For victims of a truck collision, the scene of the accident can be overwhelming. With so much happening you can forget what you need to do. But keep in mind, it’s important not leave the scene immediately, but of course, stay put until police or other authorities have arrived. Particularly in collisions where someone is injured or killed, it may be a criminal offense to leave the scene without reporting the accident.
Never try to move from your vehicle if you are injured in an accident, but instead wait for first responders to arrive so you don’t injure yourself further. If someone else has been injured in an accident scene, don’t move them until first responders arrive, unless of course an imminent threat requires moving them. Immediately call 911 for police and medical assistance after checking to see if anyone is hurt.
Without revealing any details about your insurance policy or admitting fault to anyone other than your insurance provider, be sure to collect the following information:
- Names of drivers or nearby witnesses along with their phone numbers, addresses, email addresses, and insurance information.
- Be sure to obtain details of both the truck driver and their employer.
- Location of the accident.
- Take photos of the accident scene and all vehicles involved. Any damage shown, TAKE A PICTURE.
- Police report number, phone number, and the officers’ name and badge number.
While seeking medical attention from any injuries sustained by the accident, document all names, dates, and specialties of any doctors, specialized medical practitioners, or chiropractors that you seek treatment from. Compile the bill for all your medical expenses.
If you or your loved one has been injured in a commercial truck accident, you must seek the help of an attorney with ample experience handling truck accidents. They will know all about the detailed federal and state regulations that trucking companies must comply with. If you want to win a truck accident claim and get the peace of mind you deserve, you’ll need a lawyer who has a thorough understanding of the laws and regulations that may apply to your case.
Dog Bite Treatment For Humans
While comrades of the canine variety are often referred to as man’s best friend, they have been occasionally known to bite the hand that feeds them. Whether it be a puppy who’s merely teething and still hasn’t figured this whole biting thing out yet, an older dog who is overly playful or angered and nips hard, or an unknown dog that could have rabies or any number of unknown diseases, it is important to know just what to do if you have been bitten and how to take care of the wound. While most cases shouldn’t require a visit to the hospital, you should always take special care with an open wound from a dog bite.
When bit by a dog, more often than not, we wind up with a superficial scrape instead of a deeper gash or puncture wound. For the most part, we ignore these, writing them off as part and parcel of playing with dogs and knowing they will heal rather quickly. While this is true, it is still important to take the proper precautions and clean out the wound, first with running water, then with either hydrogen peroxide or isopropyl alcohol to clear out any infections. Finish up the process by spreading a topical antibiotic over the cut and covering it up with a bandage.
Serious Dog Bites And How To Handle Them
If you have the unfortunate displeasure of receiving a more sizable puncture wound from a dog’s teeth, you may need to be even more cautious. If the wound is gushing profusely or is in the head/neck region, or if you are bit by a strange dog that may or may not have a disease, call 911 immediately to make sure that you receive the proper care. However, barring those circumstances, you should be fine with self care. First, do not be afraid to let the wound bleed for about five minutes or so before moving on to the next step; allowing it to bleed will clean out most debris from the gash. After the five minutes, see if you can stop the bleeding through the application of direct pressure. If it stops, clean the cut by running it under water with some mild soap for a couple of minutes. Do not use hydrogen peroxide or isopropyl alcohol for a puncture wound, as this can impede the healing process. Finally, you can bandage the puncture if you like, but this is not required for healing to take place.
If you are bitten by someone else’s dog, you may be within your rights to receive compensation for the damages incurred. Contact your local mesa injury lawyer quickly after being bitten so that they can act as your negotiator with the dog owner’s insurance company or in any necessary litigation. The sooner you call your attorney, the sooner an investigation can begin to establish liability for the bite and determine whether insurance coverage will apply in this case or not.
There were more than 116 thousand vehicle accidents in state during 2015, and unfortunately, this number has steadily increased from one year to the next. A big portion of these accidents happened in the major Phoenix area. This is not to say that drivers in Arizona are unsafe; the most cautious drivers can still be involved in an accident caused by someone else’s distracted driving. For example, cell phone use, texting, alcohol and use of mobile apps while driving contribute to many serious and fatal collisions.
Many drivers incorrectly assume that handling a claim following an accident will be easy since they carry insurance. This is not the case; under Arizona law, insurance companies have the right to argue liability. Arizona allows insurance to assign percentage of fault on drivers. From the insurance adjuster perspective, the small manipulation of claims so that small percentages of fault are assigned to victims yields great savings for insurance companies. When this happens, you need an attorney experienced in vehicle accidents to represent you.
When there is a vehicle accident at Arizona, who determines fault? Unfortunately, the answer is not an easy one. Car accident fault in Arizona is typically determined in one of two ways:
The involved parties agree on how the fault should be divided. This is often the case in accidents where fault is obvious such as a rear end accident or one involving running a red light at an intersection, for example.
The accident goes in front of a judge who then determines fault. If this is the case, then it is crucial to hire a skilled accident attorney to evaluate the case, give legal advice, and act as your representation.
An experienced attorney will investigate the details before, during, and after the crash to determine if there is one individual accountable or if there with other contributors. Many factors affect fault determinations. For example, some accidents are the result of poor road visibility, lack of street signs, or poor municipal lighting. These indicate that the city may be at fault. An accident caused by a drunk driver may have been caused by a negligent establishment who over-served and then allowed the patron to drive. Accidents caused by vehicle or equipment malfunctions may implicate the manufacturer.
Generally speaking, vehicle accidents are most often caused by driver error, but Phoenix’s comparative negligence laws make it necessary to investigate multiple people and companies since an injured driver is entitled to compensation from all negligent parties. This statue states that someone who is determined to be at fault can also claim another party as a contributor to the accident.
Damage to your vehicle from the accident is not the only thing to worry about following an accident. Punitive damages are often sought against the negligent party to cover pain and suffering, wage loss, and medical expenses. To do so requires a greater burden of proof. Your attorney will be able to collect evidence in favor of your compensation of punitive damages while also defending you against similar accusations.
The Right Kind of Attorney
If you have been involved in a vehicle accident, it is important to find an attorney who specializes in vehicle accidents. This is especially the case when the accident caused injury or a large amount of damage, or if you have been unfairly assigned fault. Accident laws in Arizona are complex and require a skilled attorney who can draw from previous cases similar to your own.
Contact us to learn more about how we can help you overcome the unique challenges faced by victims of vehicle accidents. During our first consultation, we will discuss the specifics of your case, who should rightfully accept fault, and how to move forward in a way that will provide you with rightful compensation.
Getting into a car accident is something that no one ever expects will happen to them. Besides the risk of injury, and the damage to your car, there is a lot of stress that comes along with the ordeal. However, if you know ahead of time the proper steps that you should take, you can make dealing with a car accident a little simpler. To that end, here is what to do if you are in a car accident.
1. Get To Safety – Getting to a safe location is your first priority after getting into a car accident. Car accidents can occur anywhere, and before you can start moving through the next steps, you want as safe a place as possible before proceeding. Pull over to the side of the road, or place some cones around your car to alert other drivers. Once you are safe, move onto the next steps.
2. Call For Assistance – The next thing you will want to do is call for assistance. This includes calling the police to have them file a report, calling an ambulance if anyone has been injured, calling friends or family if you need their help, or calling for road side assistance if you are no longer able to drive your vehicle. It can take a little while for help to arrive, so the sooner you call, the better off you will be.
3. Swap Information – Once you are in a safe place, and any needed help is on the way, you should now go talk to the other drivers involved. You will want to make sure that everyone is okay and begin swapping contact and insurance information. Be sure to get as much information as possible from the other driver and handle the interaction in a professional manner. Both sides are likely on edge, so try to keep your composure to avoid escalating the situation.
4. Take Pictures – While outside your car, you will also want to take pictures of the accident. Photograph your car, any other cars involved, and the surrounding area. Since most cellphones now have cameras built-in, you can easily snap a few quick pictures on your phone for later use. Another quick tip would be to start taking notes, write them down on a piece of paper or in your phone. If there were any witnesses to the accident take down their name, contact information, and make note of what they witnessed. These notes combined with the pictures can be very helpful in re-creating the story of how the accident started and what damages or injuries were caused. If any complications arise later between you and the other drivers, having the proper pictures of evidence of the car accident will be very valuable.
5. Get Medical Attention – If you suspect you sustained any type of injury as a result of the car accident, are concerned about how you feel, or you simply want to be cautious, you should seek immediate medical attention. Even minor injuries can turn worse if left untreated, and you will want to get an official record of any injuries sustained during the accident. When recognizing even the slightest feeling of potential injuries from the accident you should immediately jump to step number 6. The majority of car accidents become drawn out difficult situations because of injuries and medical attention. If you wait too long to get treated, you may not be able to claim the injuries that were a result of the accident.
6. Call Schenk Podolsky, My Arizona Injury Lawyers – It is highly recommended that anyone involved in an accident speak to an attorney. Mesa attorneys Schenk Podolsky, My Arizona Injury Lawyers, offer free consultations on accidents to help assess the situation. If there were injuries involved – on either side – or if the other driver is not insured, Schenk Podolsky, My Arizona Injury Lawyers can assist in making sure you receive any payments that are due to you, and will handle all of the legal work involved so that you don’t have to worry about it. Oftentimes medical treatment for the injuries can be found with low or no out of pocket costs, ensuring the medical fees are paid by the insurance company through a personal injury claim.
If you can follow these 6 simple steps, you should find that your next car accident goes a little bit more smoothly. Getting into an accident is a stressful experience, but with the proper knowledge ahead of time, you can remove at least some of the stress. While this may not make your experience an enjoyable one, it can at least keep it from becoming worse.
Superstition Springs Center is the ultimate summer spot. With a mixture of shopping and events, this will surely be the place you and your family spend a few summer evenings. Get your fashion fix, find a deal or bring the family out for a musical event. Superstition Springs Center has something for everyone to enjoy.
Shopping and dining at Superstition Springs Center
Superstitions Springs Center offers a variety of stores to fit all of your fashion needs. The center has everything from men, women and children’s apparel, shoes, electronics, sports stores and even pet stores. Find fresh new looks all before sitting down to have a stylish dinner or lunch at one of the restaurants like The Cheesecake Factory, or get a quick bite to eat at Subway or Chick-fil-a.
Fun for the kids at Superstition Springs Center
Shopping doesn’t have to mean leaving the kids at home. Superstition Springs Center has plenty to keep the kids busy. Take them for a ride on Arizona’s only double-decker carousel and then let them burn off some energy in the kids play area. This educational playground will teach your kids while they have fun.
Events at Superstition Springs Center
Kids Club: Powered by Nat Geo Kids
Every Thursday at 10 a.m., bring your kids over for a free hour long class of educational games and activities. Each Thursday offers a different way to learn about animals while playing games that allow your kids to discover through play.
Summer Concert Series
Join Superstition Springs Center at their outdoor amphitheater every Saturday night from 7-9 p.m. for a free concert. Sing and dance along with local bands perfect for adults and kids alike.
City of Mesa Hydration Drive
Help the City of Mesa provide bottled water to the homeless and unsheltered. You can drop off any bottled water to the Mall Office beginning June 2, 2016 through September 16, 2016.