Similar to a motor vehicle accident, bicycle accidents can result in serious personal injury. In the event that there is an accident or a crash, cyclists are not provided with adequate safety. Because bicycle use is rapidly growing for transportation and leisure, accidents and crashes are also increasing.
There are two common forms of a bicycle accident: (1) the cyclist being hit by a motor vehicle, and (2) the roadways has a defect or hazard that caused the accident. Although the first scenario is more common, the roadway conditions can pose risk equally damaging to the cyclist.
Often times, motorists are injured or killed from the poor design or maintenance (or both) of a roadway. A large number of bridges, overpasses, ramps and intersections need updating and repairs. In these instances, the entity that designed, constructed and maintains the road, may be accountable for any dangerous and defective conditions that cause a serious accident.
For family, friends and the injured, brain damage can be severely life changing. Head traumas caused by a vehicle collision, fall, or another event similar, has the potential to cause serious and permanent brain damage. In many cases, people with moderate brain damage go unaware of their disability. This occurs because there is a variety in severity and x-rays or CT scans at a hospital may not be able to show the damage, especially in cases where the symptoms are subtle.
Because drunk driving “accidents” are always preventable, the crash is not considered an accident. In the event that a person is killed or injured by a drunk driver, they are a victim of a crime.
Often times, with a BAC (blood alcohol concentration) level as low as .02%, there is a decline in visual functions and physical impairments for generally normal tasks. As the BAC level increases, there are further reductions in coordination, concentrations and perception. Although some of these specifics are unknown, the general effects alcohol has on a driver are widely known. Nonetheless, drinking and driving continues to the leading cause of auto accidents.
There are some health insurance companies may want you to reimburse them for any medical expenses paid on your behalf for your injury. Most health insurance companies have a clause about “rights of subrogation.” This is a term that means a health insurance company can get payment for the services provided if you get a settlement or court award for a personal injury lawsuit. The “right to subrogation” also means that a health insurance company can start a lawsuit in your name to collect for the medical expenses paid on your behalf.
If you have had hip implant surgery or have a hip in recall, contact The Ahearne Law Firm, PLLC for a free consultation. Call nationwide at (845) 986-2777.
On December 1, 2016, a Texas federal jury awarded $40 million in compensatory damages and more than $1 billion in punitive damages to six plaintiffs. The award comes in what was the third set of bellwether trials in the DePuy Orthopaedics Inc.’s Pinnacle metal-on-metal hip implant multidistrict litigation before U.S. District Judge Ed Kinkeade in the United States District Court for the Northern District of Texas, Dallas.
(Definition- Propensity: An inclination or natural tendency to behave in a particular way.)
Under New York’s dangerous dog statute, owners found liable for their dog’s attack or other actions causing injury are responsible for several expenses. These may include: medical bills, monetary damages for pain and suffering, lost income, and any other expenses that are directly related to the injury suffered.
Many believe that a dog is entitles to a “free bite” or “one bite.” However, this is not a belief that is supported by the law. When the owner of a dog or another domestic animal, either knows or should have known that the animal has a vicious propensity, the owner is held liable. CONTINUE READING
If you are a construction worker who has suffered serious on-the-job injuries, or if your family has had a death that happened at a construction site, a crane accident or in the hospital, we understand that loss of someone you love.
New York State Law, in New York City area, Orange County and throughout New York State, the law provides that the injured person, and his/her family, who was in a construction accident, can recover not only for lost wages but lost for the pain and suffering, and in the case of a death, for the lost wages for the rest of the time that the person would have worked.
Health insurance companies that want reimbursement for medical expenses related to a personal injury settlement or court award should always be verified before you pay the claim. The names of a health insurance company do not automatically grant that company a reimbursement.
The health plan and documents are where it is stated if the health insurance company is entitled to a reimbursement.
The plan must state that:
- It is self-funded (an employer pays out of its own funds) and qualified for ERISA
- It is entitled to a reimbursement when there is a settlement or court award
- It intends to pursue reimbursement
- Form 500 filed with the IRS to prove that it is self-funded
Beware of your health insurance policy. Some health insurance companies may want you to reimburse them for any medical expenses paid on your behalf for your injury. Most health insurance companies have a clause about “rights of subrogation.” This is a term that means a health insurance company can get payment for the services provided if you get a settlement or court award for a personal injury lawsuit. The “right to subrogation” also means that a health insurance company can start a lawsuit in your name to collect for the medical expenses paid on your behalf.