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10 US Laws That Protect Workers’ Rights

The US Department of Labor supervises and executes over 180 federal regulations regulating job functions for about 10 million businesses and 125 million employees. Here is a concise summary by Philadelphia Injury Lawyers P.C. of laws that govern hiring, pay, hours, and compensation, discrimination, abuse, health care benefits, paid time off, privacy, and perhaps other essential workplace and workers’ rights concerns.

What Exactly Are Labor Laws?

Labor laws act as go-betweens for the government, organizations and employers, and employees and unions. They define workers’ rights and duties in various work environments and require anything from work health and safety to workers’ compensation.

Consider workers’ compensation, for example. Employees who have suffered an injury on the job are compensated under these laws. They can pay healthcare providers directly or reimburse the employee with a flat amount of money. The Longshore and Harbor Workers’ Compensation Act,  the Federal Employees’ Compensation Act, and the Black Lung Benefits Act are examples of workers’ compensation legislation.

Labor Laws in the United States:

Businesses are responsible for keeping current on changes to existing labor regulations and learning about the new legislation. The following rules have been put in place to safeguard and promote worker safety and health throughout the nation.

1. The Norris-LaGuardia Act  (1932):

The Norris-LaGuardia Law was implemented at a period when workers had almost a slight right to organize. Workers’ strikes and picketing were frequently prohibited by injunctions granted by courts. These injunctions may be given solely based on the employer’s evidence. Uncooperative workers were punished and imprisoned without a trial.

The Act safeguarded employees’ freedom to strike. It severely prohibited judges from infringing on a worker’s freedom to strike, organize via a union, help someone else engaged in a labor dispute, peacefully picket, and peacefully assemble. Under the circumstances of the modern capitalist system, the Act reasoned that “the individual unorganized worker is often unable to exercise true liberty.”

2. Act Concerning National Labor Relations (1935):

This labor legislation, passed in 1935, controls the conditions of labor relations incorporates companies more than any other. Employees have various rights under the NLRA, including the ability to self-organize, create or join labor organizations, negotiate collectively, and participate in another collective bargaining, mutual assistance, or protection activities.

The NLRA also sets limitations on how employers may handle these rights. It prohibits company-led unions and classifies discrimination against trade union members as unfair labor practices. If a worker’s rights are taken away, he or she has six months to submit a complaint with the National Labor Relations Board in his or her state.

3. The Fair Labor Standards Act of 1938:

The Fair Labor Standards Act of 1938, the outcome of a long-fought battle on the side of workers, standardized the eight-hour day and prohibited child labor. Children under the age of sixteen are not permitted to work. In addition, the Act established a minimum wage.

4. The Taft-Hartley Act (1947):

The National Labor Relations Act was amended by the Taft-Hartley Act. The reforms implemented in a more stringent postwar climate were intended to restrict unions from engaging in unfair labor practices. The “secondary boycott” clause and the “right to work” law are two key components that are widely considered anti-labor.

When you boycott someone else’s employer, it’s known as a “secondary boycott.” This is prohibited by the Act, which means that a union worker cannot boycott another union worker’s employer. State legislatures can outlaw “union shops” under the “right to work” clause, which means that new workers cannot be pushed to join a union within a certain time limit.

5. Labor-Management Reporting and Disclosure Act (1959):

This labor legislation was enacted in reaction to corruption and fraud in labor organizations. It ensures that every union member has an equal right to propose and cast a ballot for union leadership, participate in meetings, and participate in debates. It also shields union members from disciplinary action if they sue a union. Furthermore, the Act more strictly controls union elections.

6. Civil Rights Act of 1964:

Title VII of the Civil Rights Act says that employers may not refuse to hire or fire or otherwise discriminate against a person because of his race, color, religion, sex, or national origin.

7. Act to Prevent Age Discrimination in the Workplace (ADEA) (1967):

ADEA bans employers from discriminating against individuals over the age of 40. It also prohibits businesses from refusing to recommend someone for employment based on their age. ADEA also applies to unions, preventing them from rejecting to admit members based on their age.

8. Occupational Safety and Health Act of 1970:

The Occupational Safety and Health Act applies to private-sector employers with two or more workers. It compels employers to maintain the workplace safe from hazards. The Act establishes and specifies basic options for employees: a “right to know” about the risks of their employment, a right to submit OSHA complaints to limit risks in the workplace, and a right not to be penalized for exercising OSHA-protected rights.

9. Act Concerning Family and Medical Leave (1993):

The Family and Medical Leave Act allows qualified workers to take unpaid leave for specific family and medical reasons without risking their employment or health insurance. Employees are entitled to twelve working weeks of rest after the child’s birth, care for a spouse or kid with a severe health condition, or in case an injury prevents them from doing their job effectively.

10. Rehabilitation Act Section 503 (2013):

Section 503 of the Rehabilitation Act and the Vietnam Era Veteran’s Readjustment Assistance Act were published by the Department of Labor’s Office of Federal Compliance Programs in 2013. These labor rules aim to safeguard veterans and people with disabilities. Employers may ask job candidates to self-identify as veterans or persons with a handicap throughout the application procedure or after being hired.

When To Go For an Attorney:

People who feel exposed to unfair or discriminatory treatment may engage an employment lawyer to defend them in claims for damages (monetary compensation) or reinstatement against their employer.

Employment lawyers practice both into or out of court. Negotiating or writing contracts, for example, does not need appearing in court at all. Employment attorneys may also help employees and companies resolve different issues without the need for a lawsuit. On the other hand, employment attorneys may pursue litigation (filing a lawsuit) (bringing legal action).

Today, American workers have many legislative safeguards to guarantee a minimum level of pay and protect them from danger in the job, among other things.

If you feel that your rights as a worker have been violated, you may file a lawsuit with the help of a law firm that specializes in workers’ rights. You can get in touch with Philadelphia Injury Lawyers P.C. for a free consultation.

How to Avoid Summer Injuries

Summer brings hot sunny days filled with cycling, rollerblading, skating, outdoor barbeques, swimming, resting at the beach, and spectacular fireworks displays. Unfortunately, many of these activities have inherent risks, and we must be cautious to safeguard those who are most important to us.

Here is a comprehensive guide about how to avoid summer injuries. The guide helps you in exploring ways to avoid summer injuries and ways in which lawyers in Philadelphia can help in case you seek legal help.

Sunburn:

Many times, you’ve undoubtedly woken up with sunburn in the past and chastised yourself for not taking more significant measures the day before. The easiest way to avoid the sun is, of course, to avoid being in it, particularly in the mid of the day. Stay out of the sun, preferably with an umbrella.

Sunburns may occur even on cold and rainy days because damaging UV rays can permeate clouds.  Doctors and specialists advise wearing a suntan lotion with an SPF of 15 or higher and reapplying every hour or after swimming.

Physical barriers, such as eyewear with UV protection, rash guards, and a hat with a brim, may help protect children, but none of these is a substitute for suntan lotion. Children should avoid unnecessary sun exposure, wear a hat, and keep their skin covered. Nevertheless, sunburn may still occur; in that case, apply cold compresses to the affected region for comfort and try aloe Vera-containing topical treatments. Keep in mind that using a petroleum-based lotion will retain heat in your skin.

Barbecues: 

While we all enjoy a freshly cooked hotdog, barbeques offer significant safety hazards to youngsters. Never leave your barbeque unattended, and keep small children away from it even after you’ve finished cooking. Keep a water spray bottle and, if feasible, a fire extinguisher handy.

Self-assembled grills should be handled with great caution since they are less robust and more easily knocked over. Metal hair from cleaners used to cleanse the grates may break off and make their way in food being prepared, where they can be swallowed and cause severe damage. Again, prevention is essential to clean your grill using a different technique.

Trampolines:

Children are at a greater risk of harm while trampoline jumping. Sprains in the arms and legs & head and neck injuries are possible due to this exercise. Follow these essential safety guidelines if you allow your kid to use a trampoline:

  • First and foremost, whenever children use the trampoline, they must always be supervised by an adult.
  • Make use of safety netting and cushions.
  • Protect the trampoline’s structure, springs, and landing surfaces.
  • Keep home trampolines on the ground level. Falling from a higher place raises the possibility of harm.
  • Keep the trampoline a safe distance away from plants and other dangers.
  • Only allow one person to jump on the trampoline at a time.
  • Never permit flying somersaults on the trampoline without guidance, training, and the appropriate use of safety devices like a harness.
  • Refrain from allowing uncontrolled leaping.
  • When using a trampoline stairway, always dismantle it after usage to prevent minors from gaining unsupervised access.

Drink Plenty of Water and Eat Well:

It is always essential to keep hydrated when participating in sports, but it is more crucial during the summertime when temperatures increase. You may get dehydrated more rapidly if you are losing fluid via sweating more than usual. Dehydration may result in muscular cramps, disorientation, fast pulse, fatigue, and even fainting. All these may cause an accident by diverting you or leading you to fall.

You should also focus on adequately fueling your body so that you have the strength to execute. Eating properly may also provide you with the energy you need to keep you physically active. This will help protect your bones and keep you safe from damage. Inadequate nutrition may also result in a lack of endurance and exhaustion ailments.

Always Begin by Warming Up:

Even if the temperatures outdoors are hot enough to make you sweat doesn’t imply you can skip the warm-up before engaging in summer sports. Getting warmed up is a routine that may help you prepare for sports in a variety of ways. A proper warm-up may provide you the following benefits:

  • Injury avoidance
  • Mental stamina
  • Physical fitness

Warming up may improve blood circulation, muscular warmth, and temperature. A proper warm-up may also cause temporary connective tissue connections to be broken. All of these will assist in keeping you safe prior, during, and after your sport. It sharpens your mind and puts your head in the right place.

Being attentive and possessing a clear sense may also assist you in avoiding mishaps that can result in injury. Effective warm-ups include squatting, lunging, crawling, exercises to improve spine mobility, drills for changing directions, stretching that is dynamic, etc.

Swimming in the Pool:

Hardly anything beats a cool dip in the water on a hot and humid day, so while you’re having fun, keep an eye on your kids. Never leave a kid alone in a swimming pool, and never leave them unsupervised in the area of a pool. Accidents may happen in a single second, so ensure that people in charge of monitoring youngsters’ swim are not distracted.

Ensure that youngsters who cannot swim are wearing authorized life jackets and have rescue equipment along with telephones near the pool. Be cautious of a kid being entangled beneath a big pool gadget, and if a kid goes lost near a pool, check in the pool first. And if you have a swimming pool in your garden, ensure you have a 4-foot-high fence with no access points other than a secure entryway while it is not being used.

Seek Rest:

During longer days and enjoyable outdoor activities, getting enough rest may fall to the bottom of your priority list. It’s lovely that we frequently get a surge of energy during the summer months. It’s not unusual to feel a bit “off routine” at this time, with vacations. Unfortunately, sleep is not something that can be made up for later. It is essential to obtain a decent night’s sleep throughout the year, particularly during the summer season, when you may participate in more intense outdoor activities. Your body recovers while you sleep.

Seek Medical Attention if Necessary:

If you get an orthopedic injury while participating in summer sports, cease immediately and seek medical attention from an orthopedic expert. The following are indications that you should visit a doctor:

  • Prolonged pain that lasts longer than a few days
  • Excessive swollenness
  • You are unable to sustain weight on a joint.
  • Deformities of the bones or joints

You may also seek medical assistance and compensation under the supervision of your lawyer or law firm.

When a child or adult is hurt during summers, personal injury attorneys in Philadelphia could be called for assistance, counseling, and legal representation provided that a case or claim can be made. The entitlement to compensation will be determined by a variety of criteria. The quantity and kind of insurance coverage in place will also be considered in the case assessment. Personal injuries sustained during a summer camp or amusement program may be pursued as a claim or case, but only if the four essential components of a tort or personal injury suit can be proved via facts/evidence. The four necessary components are as follows:

  • Duty
  • Duty Violation
  • The Concept of Causation
  • Damages

In the event of an unpleasant summer accident, a Philadelphia injury attorney is the best guide.

Car Accident Lawyers and How They Can Help

Car accidents are the most dreadful things that can happen, though they occur frequently. The most tragic aspect is that we do not learn from our mistakes. Whereas most road users are pretty familiar with the rules and safety policies that apply to road use, some drivers’ carelessness results in accidents and crashes. Human error is the primary reason for accidents and collisions.

Several common human behaviors that result in accidents include the following:

  • Excessive speed
  • Intoxicated driving
  • Distracting factors for the driver
  • Ignoring the traffic signals
  • Ignoring safety equipment
  • Disregard for lane markings and unsafe overtaking

When Are the Services of a Car Accident Lawyer Required?

If you were involved in a car crash that was not your fault, you have the right to retain the services of an attorney. You may believe that it will all work out in your favor because you were not at fault for the accident, but you will have to prove your innocence.

While seeking legal counsel is not required, a personal injury attorney may assist you in filing a lawsuit against a negligent party. Typically, being involved in a vehicle accident due to another party’s carelessness leads to stress, irritation, and injury.

Getting a personal injury lawyer to defend you after a vehicle accident ensures that you are represented by a highly educated professional about the applicable laws and procedures that may apply to your case.

An attorney may advise you on any time constraints that may prevent you from suing the at-fault motorist. For example, in many jurisdictions, you must submit your case within two years after your car accident, or you may be permanently barred from suing. Additionally, an attorney will be able to tell you of any specific exceptions to the limitation period, such as those for children.

Your attorney may pursue legal action upon your behalf and, therefore, advise you on the best strategy for mitigating any arguments made by the other party. Additionally, once your case is underway, your attorney will play a critical role in planning your suit for trial – and perhaps even in taking your case to trial if it does not settle.

While litigation is seldom required, the prospect of legal action provides significant power for negotiating a reasonable settlement.

Finally, and probably most significantly, choosing a defense lawyer educated about the law levels the playing field, particularly when up against the expertise and enormous resources of a big insurance company.

How Car Accident Attorneys Operate Legally:

Negotiating an injury claim and litigating a personal injury case are both time-consuming processes. After a vehicle accident, doing this time-consuming task will be the last thing on your mind, assuming you can. An attorney can handle everything for you.

While that might be your first encounter with the intricacies of an injury claim, injury lawyers have encountered a wide range of cases and insurance firms. They have expertise in collecting evidence to substantiate your claim, including police reports, witness testimonies, medical records, and invoices, as well as employment and lost income information.

Additionally, your attorney will arrange the facts and write the insurance company a payment demand letter. When you cannot solve your injury case, your lawyer can handle the necessary paperwork and communicate with the defense lawyers on your behalf. Having someone competent handle the problematic aspects of your case alleviates your load, which is critical if you have been severely wounded and are attempting to recuperate from your injuries.

If any of the following apply, you may be required to retain an attorney:

  • Broken bones, hospitalization, and long-term health consequences
  • Someone was killed in the collision.
  • Medical therapy that exceeds a few thousand dollars
  • Absence from work, school, or regular activities
  • Non-economic losses such as mental distress, physical pain and suffering, and companionship loss
  • There is disagreement about who is to blame for the accident.
  • The accident resulted in the death of several individuals.
  • The accident occurred in a construction area or other dubious location.
  • The documentation does not seem to be authentic
  • Details are perplexing (technical, legal, and medical)
  • Insurance is not being cooperative.

Your Attorney will Evaluate the Amount of Compensation You Are Entitled to:

Even though the accident was not your fault, hiring a vehicle accident lawyer can protect you from legal problems and increase your chances of receiving the results you are looking for. You may have a mechanic’s estimate or an itemized hospital bill in hand, but this does not cover the whole of your financial load. You may be entitled to collect the following:

  • Damages for contempt
  • Suffering and pain
  • Wages lost
  • Reduced earning potential

While there are numerous avenues for obtaining compensation after such an accident, not all of them apply to your particular situation. You risk wasting time and money pursuing the wrong kind of compensation.

How Can Philadelphia Car Accident Lawyers Help You?

Perhaps the most critical way a lawyer can assist you in your car accident lawsuit is by acting as your champion. It implies that your attorney works on your side and for your advantage throughout the whole complaint process (negotiation with the insurer), including in trial if a case becomes required. He or she will act as your advocate before the judge, jury, and opposing counsel, ensuring that your side of the story is heard and that you are recompensed for all of your losses. Hiring an experienced and articulate lawyer on your side is crucial to achieving a reasonable and fair settlement in your car accident case.

So if you have been a victim of a car accident and are unsure about the legal action, seeking the help of a Philadelphia car accident lawyer would be the wisest course of action. Contact our law firm for a free consultation.

Birth Injuries: All You Need to Know

A birth injury is any harm done to a newborn during, or shortly after, delivery. This might include a lack of oxygen (birth hypoxia), too much pressure on the infant’s head or body (birth trauma), infection, and other problems. While some birth injuries are mild and have no long-term consequences, others could result in lifelong impairments that damage the child intellectually, psychologically, and physically.

In several situations, physicians may avoid delivery injuries by adhering to standards of care, closely monitoring the mother’s and child’s health, and immediately managing any suspected concerns that may emerge. Medical malpractice occurs when a medical provider fails to accomplish these tasks, and their carelessness leads to birth harm.

If you witness that your child has suffered due to this negligence, you need to get in touch with a birth injury lawyer. You should be aware of the legal help you can get and the best lawyers in the field to contact. This article provides helpful information about birth injuries and explains how a Philadelphia birth injury lawyer can help you get compensation for the injury.

Indications of Birth Injury:

Symptoms of Birth Injury Soon After Birth

Some birth injuries are visible right after delivery. The following are common  indications that  a birth injury has occurred:

  • The baby’s skin is pale or bluish in hue.
  • The infant is not breathing properly, has a sluggish heart rate, or has to be resuscitated.
  • The infant appears to be slow or lethargic.
  • The infant is either rigid or floppy.
  • The infant is not interested in feeding, or the baby is having trouble feeding.
  • Seizures occur in the infant’s face, arms, or legs, or the newborn prefers one side of the body.
  • The baby’s APGAR ratings are low.
  • Neonatal reflexes that are abnormal (infant does not respond to loud noises).
  • Organ issues.
  • Coma or impaired state of consciousness.

Symptoms of Birth Injury in Children During Childhood:

In some situations, the birth damage is not discovered for years until the kid falls behind on important developmental milestones. Parents, teachers, and others who are close to the child might notice concerns such as:

  • Disabilities in learning
  • Problems with behavior
  • Impaired motor function
  • Disorders of speech and language
  • Disorders of seizure
  • Cerebral palsy
  • Microcephaly
  • Sensory processing problems
  • Impaired vision and hearing

The Most Prevalent Forms of Birth Injuries:

Even though there are many other forms of birth injuries, the following are some of the most frequent birth injuries:

  • Brachial plexus palsy:

It is caused by damage to the nerves that govern hands and arms movement.  It usually occurs after a vaginal birth with shoulder dystocia. The chance of total recovery is determined by the severity of the delivery in question.

  • Caput succedaneum:

It is a smooth muscle swelling in the baby’s scalp. It is more prevalent in infants born through vacuum extraction. Caput succedaneum typically resolves itself without incident.

Cephalohematoma: It is a kind of bleeding that develops beneath a cranial bone. They resolve spontaneously within a few months, but significant cephalohematomas can cause problems such as jaundice and be an indication of more significant birth trauma.

  • Collarbone fractures:

These are particularly prevalent in newborns delivered breech or with shoulder dystocia. Healing is typically rapid, although the baby’s mobility may need to be restricted. Facial nerve palsy/ paralysis can occur as a result of transient nerve damage. But, if a nerve tear causes it, surgery may be required to repair it.

  • Head damage:

It is bruising from the delivery canal and strong contractions. Vacuum extractors, which are used to aid with birth, can potentially induce brain damage. The degree of seriousness of head trauma might vary significantly.

  • Cerebral palsy:

It can be induced by birth problems, including birth injury, hypoxia, birth trauma, and infection.

  • Periventricular leukomalacia (PVL):

It is a condition in which the white matter of the brain is damaged.

  • Intellectual and developmental impairments (I/DDs):

These conditions frequently coexist with other conditions such as cerebral palsy or epilepsy.

  • Epilepsy:

It can be caused by birth traumas such as HIE, birth trauma, or infection.

Factors that Enhance the Likelihood of Birth Damage Include:

  • Prolonged delivery:

When medical personnel waits too long to stimulate or deliver a baby, birth damage can occur. Medical personnel should be educated to detect circumstances requiring immediate delivery, such as fetal distress and other maternal emergencies. The lengthier medical personnel allow labor to continue in severe crises, the higher the risk of birth damage.

  • Inadequate Anesthesia Administration:

Since many people opt to have an epidural during labor, it is crucial to remember that epidurals can have dangers. If used incorrectly, they can disrupt the second stage of labor and induce low blood pressure in the mother, affecting the blood supply to the baby.

  • Pitocin or Cytotec Administration Errors:

Pitocin and Cytotec are commonly used to increase contractions. However, in rare cases, they may cause excessive contractions and decrease blood supply to the fetus.

Treatment for Birth Injury:

Treatment for a birth injury will differ depending on your child’s particular needs. Certain children may require minor care for the rest of their lives, but others may require a larger medical intervention.

Some of the common treatment procedures are mentioned below:

  • Medicines

Pain and other problems like edema, spasms, incontinence, and seizures can also be treated with medications.

  • Occupational Therapy

Occupational therapy can assist children who have difficulty with daily chores. Speech therapy can help youngsters who are experiencing developmental difficulties in their speech.

  • Assistive Technology

If a child has difficulty with physical mobility, assistive aids may be required. Some children need walkers, wheelchairs, or leg braces. Breathing support is an example of adapted devices for more severe forms of disability.

  • Surgery

The operation may be necessary in some cases if treatment, medicine, and adapted devices are ineffective. Seizures, blood clots, and brain bleeds may necessitate surgery.

Many birth injuries need specific treatment that may not apply to a wide variety of injuries, For example, light treatment for jaundice and kernicterus

Prevention of Birth Injuries:

  • Receiving treatment from a skilled obstetrician can lower the chance of a delivery injury. To avoid problems during birthing, medical experts can check the mother’s and fetus’s wellness all through pregnancy.
  • Mothers must have regular prenatal examinations to ensure no problems for either the mother or the baby and treat any underlying health conditions.
  • Folic acid supplements can help lower the incidence of neural tube abnormalities in children, resulting in catastrophic birth injuries such as anencephaly.
  • Doctors should also warn women about any potential risk factors that might lead to problems for their kids. To guarantee the delivery of a healthy baby, doctors should examine the patient’s genetic history and other medical conditions.

Have you suffered a birth injury due to someone else’s carelessness or negligence? Do you wonder whether you should seek legal help? You can get in touch with a Philadelphia birth injury lawyer for a free consultation and the best legal help.

Do Personal Injury Lawyers Go to Court?

The answer to the question “Do personal injury lawyers go to court?” depends on many factors. This includes the impact of injury, the timeframe, the cost, and the compensation you get.

Defining Personal Injury:

When a person’s body, mind, or emotions are harmed due to another person’s negligence, carelessness, or wrongful action, it is known as personal injury.  Personal injury law is also known as Tort law. Personal injury occurs in the following various situations:

  • Accidents:

Personal injury laws apply in cases where someone behaves negligently, causing injury to another person.  Medical negligence and car crashes are some examples.

  • Intentional Action:

Personal injury rules apply when a defendant’s purposeful behavior causes harm to other people.

Assault and battery, as well as other deliberate torts, are examples of this.

  • Defamation:

Personal injury statutes apply when one person’s defamatory comment causes harm to another.

  • Damaged Products:

Anyone damaged by car components, consumer goods, medical devices, pharmaceuticals, or other faulty or unreasonably harmful products may be eligible to launch a professional liability case against the maker.

Settlement vs. Trial:

There is a choice of negotiating a settlement or going to trial in a personal injury lawsuit. Many sorts of accidents, such as vehicle accidents, medical negligence, and slip and fall accidents, are settled out of court. However, going to trial in certain situations can be beneficial. 

Settlement:

A lawsuit settlement is the official conclusion of a dispute before it goes to court. Settlements can be reached at any time during prosecution, and many instances can be settled before such a legal case goes to court. Claims can indeed be settled the day before, or perhaps even the day of, the lawsuit.

First, the plaintiff’s counsel files a demand letter. The demand letter comprises the monetary damages sought by the plaintiff, the legal reasoning supporting that demand, and copies of supporting documents such as medical expenses and police reports. Afterwards, the defense counsel replies to the demand letter. Occasionally, a counter-offer is presented.

Now an attorney and an insurance company will begin to bargain. Phone conversations and emails between attorneys and pre-trial hearings can resolve small matters and influence the trial.  Before coming to trial, the defendant and plaintiff will usually strike an agreement that is satisfactory to both parties.  When the parties reach an agreement, they sign a written settlement agreement that contains a release of obligation.

What Exactly Is A Trial?

Whenever a personal injury case goes to court, the parties involved debate their arguments in front of a judge or jury, who will decide whether or not the defendant should be held responsible for the plaintiff’s losses.

A jury trial is divided into six stages:

  • Putting together the jury
  • Making the opening remarks
  • Cross-examination of the witnesses
  • Arguments for closure
  • Jury instructions
  • Jury deliberation and decision

A personal injury trial might last only a few hours or several weeks. Trials that take only a few hours, however, need an amazing amount of preparation on the part of the attorneys.

Is Settlement Better Than Trial?

There are numerous reasons why you should settle out of court; however, there are various reasons why you must not. Well, we will look at a few:

  • Settlements are significantly faster than trials. On average, a settlement would need three to six months to complete. Trials take a long time. The procedure might take months or years to complete.

When the injury costs you much money in medical bills, you might not be patient enough to wait that long. Trials can also be psychologically exhausting since they require you to recall your experience again for an extended length of time. With a settlement, you may take your money, leave the issue behind you, and move on with your life.

  • In a settlement, the plaintiff and the lawyer are in command and ask for a suitable amount of claim as per their will. Whereas, in a trial, you must accept the decision of the jury or the judge.
  • There is a possibility that you will obtain enormous pain and suffering compensation in a trial that you could receive in a settlement, but this is not guaranteed. If the jury or the judge rules against you, you may be left with nothing. The lawyer then negotiates with the insurance company.
  • In the minimal number of personal injury cases that proceed to trial, around 90% are resolved, favoring the defendant. One major reason for this is that insurance companies devote more than $3 billion annually to advertising to portray themselves as your “good host” and personal injury claimants as money-grubbing fraudsters. This has a strong effect on juries. The insurance company’s attorneys will likewise try to portray the plaintiff in the worst possible light.
  • The longer a lawsuit is pending, the more legal fees and court costs accrue. Going to trial is highly costly. If you lose in the trial, you may be required to pay the other party’s court fees.

When the Trial Becomes Compulsory?

People do not like to go for trials because of the long duration of the proceeding. And if you have sustained serious injuries that need lengthy medical treatment, you’ll need money to meet your medical bills, particularly if you’re out of a job. Luckily, many cases may go through the judicial system swiftly, especially with the assistance of an expert attorney.

However, there is always the possibility that the defendant and their attorneys may try to prolong the proceedings. If the case is clear and the proof is strong, it may just take a few months.

However, if you seek a certain sum of money or it is more difficult to show carelessness in your case, the trial might last a year or even more. The insurance company may refuse to make reasonable compensation in some cases. If a reasonable settlement cannot be reached, a trial may be the only way to obtain the compensation you deserve.

Usually, the personal injury lawyer does not go to the court and attempts a settlement only, as it is the most convenient option. Legal proceedings shall only be approached if the lawyer fails to make any settlement out of the courtroom.

If you have suffered personal injury and wonder whether you should go for a settlement or a trial and whether this will benefit you, you can contact Philadelphia Injury Lawyers for a free consultation.

Brain Injury: Symptoms and Causes

Brain Injury is a disturbance in brain function caused by a blow, bump, or jolt to the head, the head striking an item abruptly and forcefully, or when an object pierces the skull and penetrates brain tissue.

Observing any of the following clinical symptoms indicates a change in normal brain function:

  • Consciousness loss or reduction
  • Memory loss for events that occurred before or after the event (amnesia)
  • Muscle weakness, loss of eyesight, and changes in speech are examples of focal neurological impairments.
  • Disorientation, sluggish thinking, or trouble concentrating are examples of mental state changes.

 

A closed head injury is any harm to the head that does not shatter the skull. When something penetrates your skull and scalp and enters your brain, it is called an open (penetrating) head injury. Some mild head injuries bleed profusely, while others fail to bleed at all.

Symptoms:

The following are common signs of a mild head injury:

  • Migraine
  • Lightheadedness
  • A feeling of whirling,
  • Slight perplexity
  • Nausea
  • Ringing sensation in the ears

 

Kinds of Head Injuries:

  • Hematoma:

A hematoma is an accumulation of blood outside of the blood vessels. A hematoma in the brain can be pretty dangerous. Clotting creates pressure inside your head. This can result in loss of consciousness or irreversible brain damage.

  • Hemorrhage:

Uncontrolled bleeding is referred to as a hemorrhage. In addition, bleeding in the area around your brain, known as subarachnoid hemorrhage, or bleeding into your brain tissue, known as intracerebral hemorrhage, can occur. Headaches and vomiting are common symptoms of subarachnoid hemorrhages.

  • Concussion:

A concussion is believed to be caused by the brain collapsing against the rigid walls of your skull or by the pressures of rapid acceleration and deceleration. In general, the loss of function caused by a concussion is entirely transitory. Repeated concussions, on the other hand, can result in irreversible brain damage.

  • Edema:

Any brain damage can cause edema or swelling. Many traumas induce swelling of the surrounding tissues, but swelling of the brain is more severe. The skull becomes irresponsive to cope with swelling. It causes pressure on your skull.

  • A Fracture in the Skull:

Unlike most other bones in your body, your skull lacks bone marrow. As a result, the skull is highly robust and challenging to break. A fractured skull cannot absorb the impact of a hit, increasing the likelihood of brain injury. Find out more about skull fractures.

Preventions:

Seat belts and airbags are standard features: A seat belt should always be used to avoid accidents in a motor vehicle. Seat belts and airbags avoid many life-threatening incidents.

Addiction to alcohol and drugs: Don’t drive if you’re high on alcohol or drugs, even prescribed prescriptions that can impair your ability to drive.

Helmets: Helmets should be used while driving any vehicle. When playing sports, skating, or horseback riding, you should also wear adequate head protection.

Be aware of your surroundings: Don’t use smart devices while driving, walking, or crossing the streets. These distractions have the potential to cause accidents.

When Can a Brain Injury Lawyer Assist?

Suppose you or someone you care about has suffered a brain injury in an accident. In that case, it is critical to cope with the upcoming circumstances. For this purpose, a brain injury lawyer can be beneficial. He answers all the inquiries and negotiates with insurance providers on your behalf, allowing you to concentrate on recuperating. In addition, the lawyer collaborates closely with investigators, industry experts, and medical specialists to ensure that you are fairly paid for your losses, which may include:

  • Medical expenses,
  • Rehabilitation,
  • Long-term care services,
  • Wages that are lost,
  • Earning potential has been eroded,
  • Other psychological issues.

What Compensation Can One Expect?

When a person sues after sustaining a brain injury, they may be entitled to get compensation for both economic and non-economic damages:

  • Medical Expenses:

Victims of brain injuries may seek reimbursement for any medical costs incurred due to the damage in a brain injury lawsuit. For example, a person may be able to launch a lawsuit to obtain reimbursement for doc-related expenditures.

  • Sufferings:

Victims of brain injuries may be able to seek monetary damages for any long-term medical or mental distress, such as brain damage or forgetfulness.

  • Inability to Enjoy Life’s Pleasure:

The plaintiff can get compensation for their inability to participate in activities that they previously loved. But it only happens when the injury case is successful.  Individuals who suffer a brain injury lose their wages and become unable to enjoy their life’s leisure.

  • Wrongful Death:

If brain damage kills the person, the victim’s family may be entitled to launch a wrongful death case.

In all the situations mentioned above, a lawyer can be beneficial.

A Brain Injury Lawsuit’s Elements:

To launch a case, the victim of a brain injury must have experienced trauma as a result of the carelessness of another. In addition, the attorney representing the injured person must establish the following in a negligence claim:

  • Duty of Care: This means legal responsibility that requires an individual to exert a reasonable level of care to avert harm to others. For example, a doctor has a responsibility to uphold the medical community’s standard of care.
  • Breach of Duty: If an individual or entity violates their duty of care, they may be deemed negligent. For example, suppose a doctor conducts an operation in a way that is undesirable by medical community norms. In that case, they may have violated their professional responsibility.
  • Causation: The defendant’s carelessness must have directly caused the harm or damage that happened.
  • Damages: For a victim to bring a claim, the harm must have resulted in either economic or non-economic losses.

An expert brain injury lawyer is required to file a successful compensation case.

Lawyers carefully examine each case’s circumstances and strive to establish and implement a legal strategy that will offer the victim the best opportunity of collecting compensation. Have you suffered from a brain injury and wonder whether you need legal help? Contact Philadelphia Injury Lawyers for a free consultation.

How Many Years Do You Have to Sue a Hospital?

You may be able to sue a hospital if they give you the wrong treatment, its staff makes the incorrect call, or a loved one dies while in their care. Despite the fact that medical experts may have made the error, the hospital is liable for its workers and their training.

 

Reasons to File a Lawsuit Against a Hospital

  • If the medical experts have treated you wrongly or there has been a wrong diagnosis.
  • The medication you were prescribed was wrong.
  • If the medical technicians have made mistakes, these include failing to sanitize medical equipment.
  • If medical professionals were careless during surgery and left surgical equipment inside you.
  • They have not been able to follow the standard of care.
  • Hospital personnel acts in a dangerous or negligent manner
  • A family member’s death was caused by mistake.
  • You have a victim of discrimination, and a staff member refuses to treat you because of your color, sexual orientation, or country of origin.

In most cases, you have two to six years to claim for hospital malpractice. The statute of limitations varies by state. In Pennsylvania, this statute gives two years to file a lawsuit from the date of injury.

The Difference Between Suing a Hospital and Suing Other Malpractice Cases:

Even if the doctor is an employee or a contractor, you may be able to sue the hospital in some situations.

  • When the hospital fails to inform that the doctor is not an employee, this information is usually found on admission forms.
  • You went to the ER (emergency room) and did not have time or the ability to sign paperwork.
  • The training or hiring for hospital employees is questionable or incorrect.
  • The hospital has hired employees or continues to hire employees with behavior issues.

The issue is that you can think you’re suing a doctor, but in reality, you’re suing the hospital where they work. It even goes up a notch. You’ll almost always be dealing with the doctor’s or the hospital’s insurance company if you sue them.

A doctor’s license may be revoked, or they may go to jail in rare situations. Another option is to close a hospital. In most cases, however, you’re suing their insurance company for damages.

This may seem unusual, but you are entitled to compensation for your pain and suffering, and it also aids insurance companies in determining which doctors are at fault. They can refuse to insure the doctor and prevent them from practicing, or they can increase the doctor’s insurance premiums.

You are entitled to compensation whatever the outcome. Extra bodily or mental suffering is due to be compensated.

Should I Sue My Doctor?

 

You may believe that you need to file a lawsuit against your doctor because he or she committed a mistake, such as a misdiagnosis. This will be determined by a number of factors:

  • It is determined by the fact whether your doctor is a full-time employee or an independent contractor.
  • Who made the error? Was it nurses, medical tech staff, maintenance, or another hospital employee who made the error?

If the person who made the error is an independent contractor, you must sue them with the help of a medical malpractice lawyer. If they were a hospital staff who committed medical malpractice, you might file a medical malpractice claim against the hospital.

Doctors are more likely to be “self-employed” and only work at hospitals on a contract basis. They’ll have to have their own malpractice insurance, so you’ll have to go to court to sue their insurer.

It could be feasible to show that the hospital treats the contracting doctor like an employee and is thus liable for your injuries. Perhaps the hospital decided on the doctor’s fees or working hours. A lawyer can help you in determining whether or not the hospital is responsible.

Gathering Evidence for a Lawsuit:

Medical malpractice cases are difficult to establish. What you must demonstrate is:

  • The hospital, not simply the doctor, is to be held responsible.
  • The hospital and its medical staff owed you a duty of care, and they failed to uphold it.
  • Your injuries are a result of their actions, and you wouldn’t have been hurt if it hadn’t been for them.

Expertise and precise information are required to determine the cause of the problem. Before you can make an educated judgment on whether you should sue, you need a medical malpractice lawyer to listen to the circumstances of your case and provide legal guidance. Most will provide you with a free consultation and estimate your chances of winning your case.

To substantiate your case, you may require medical documents, dates, evidence of job-related errors, and more. The medical malpractice claim will be handled by your personal injury attorney, who will inform you of all you need to know. Determining what information is critical might be difficult without their knowledge.

For your case, they might also summon expert witnesses. This entails consulting with a different doctor or specialist about what they would do in a similar situation. It may bolster your case against the hospital if they disagree with how you were treated.

Figuring out what to do in such a situation is a tough task. Medical issues should not be overlooked because they do not appear “severe.” Whatever the circumstances, you should not ignore if you have not been treated properly. While a hospital makes a mistake with your illness or injury, you deserve justice. A personal injury lawyer is an ideal person to have on your side when seeking justice from a hospital. Have you suffered personal injury and seek legal help? Contact Philadelphia Injury Lawyers for a free consultation.