The post Can You Sue Someone for a Ski Accident? appeared first on Bailey, Johnson & Peck, P.C..
]]>If you or a loved one has been injured in a ski accident, contact the Albany skiing accident attorneys at Bailey, Johnson & Peck. An experienced ski injury lawyer can help provide you with legal representation against the responsible party so that you can receive the compensation you deserve.
Call our Albany law firm at 518-456-0082 to schedule a free consultation with one of the ski accident attorneys on our team.
Skiing and snowboarding accidents can be caused by various factors. Many incidents happen when skiers or snowboarders lose control, either by overestimating their abilities or failing to adapt to changing snow conditions, causing them to fall into the snow.
Ski accidents can also be caused by a collision, where skiers collide with their fellow skiers or with stationary objects on the slopes. Poor visibility due to fog or heavy snowfall can increase the risk of collisions. Ski equipment failures like malfunctioning bindings or broken skis can lead to unexpected accidents as well.
Victims of ski accidents can suffer from a variety of ski injuries. Some of the most common ski injuries include:
If you have suffered any of these types of ski injuries due to snowboarding or ski accidents, contact an Albany spinal cord injury lawyer or an Albany traumatic brain injury lawyer.
The first thing you should do after a ski accident is to seek medical attention for yourself or other skiers with injuries.
Next, you should always report all ski accidents to the local ski patrol or ski resort. The ski patrol or resort should take photos of the scene, the surrounding area, and any injuries if possible.
Then, speak to the witnesses involved. Exchange contact and insurance company information in case you need help with future personal injury claims.
From there, contact an Albany personal injury attorney, especially if you believe another party was at fault. Our ski accident attorneys can help you understand your rights, as a skier or snowboarder and can help you pursue compensation for your ski injury or injuries.
You can sue someone for ski accidents when they are caused by negligence. For those injured in a skiing collision, who were not at fault, they can file personal injury claims against the person or persons responsible for the incident.
Several parties could be involved in a given accident, from other skiers to equipment manufacturers to ski resort owners and beyond. Additionally, not all who are injured while skiing can file claims against someone for the accident.
Here are some situations in which ski injury lawsuits may be merited:
When skiers and snowboarders fail in their responsibility to act cautiously on the slopes, they can collide with other skiers or snowboarders and cause serious injuries.
For example, if a skier or snowboarder speeds down the slope and collides with a skier in front of them, the “uphill” skier or snowboarder (the skier or snowboarder that was further up on the slope) could be at fault. Since the uphill skier could have feasibly seen the person in front of them, they may have been able to avoid the collision but didn’t.
The ski resort may also be found negligent if they fail to properly maintain their slopes.
The skiing accident attorneys at Baily, Johnson, and Peck can investigate and determine whether a responsible party behaved negligently and caused the accident.
Recklessness implies a conscious choice to engage in risk. This includes behavior like skiing in closed or off-limits areas or skiing under the influence of alcohol or drugs.
Victims of ski accidents caused by recklessness may have stronger claims in lawsuits since recklessness can be easier to prove than negligence. Ski injuries caused by recklessness may also warrant higher compensation due to the egregious nature of the conduct.
In some ski accidents, defective equipment may be to blame. This can include faulty bindings, malfunctioning ski lifts, or poorly maintained rental equipment. Here, the manufacturer or provider of the equipment can be held liable.
For these legal claims, the injured party must prove that the equipment was defective and that this defect directly caused their injuries.
Determining fault in a ski accident depends on the actions of the individuals involved, the ski resort’s rules, and any applicable state or local laws. Generally, the fault lies with the skier who failed to follow safety guidelines, the resort for negligence in maintenance, or both parties in cases of shared responsibility.
What is assumption of risk in personal injury lawsuits?
“Assumption of risk” states that when someone knowingly participates in a dangerous activity, they assume the risks associated with the activity. This means that a skier may be personally responsible for any injuries they suffer from, as long as the injuries are foreseeable.
For example, skiers commonly suffer from torn ligaments as a result of a bad fall. If someone sues the ski resort over their torn ACL, the ski resort could use the assumption of risk defense to avoid liability. Since the injury was foreseeable, the resort wasn’t directly responsible for the accident.
However, the assumption of risk doesn’t work in every situation. For example, it’s uncommon for skiers to fall out of a lift due to a broken lap bar. Here, the skiers involved in the accident could sue the resort.
Regardless of the circumstances, lawsuits for ski accidents can be difficult to navigate due to assumed risk. So, it’s important that victims contact an experienced ski injury lawyer, like those at Bailey, Johnson & Peck. Our Albany ski accident attorneys will help ensure you receive the compensation you deserve.
Victims can recover a variety of damages in a ski accident lawsuit. Economic damages are tangible financial losses suffered as a result of an accident, such as medical bills. Non-economic damages are losses without tangible financial losses, like permanent disability as a result of a brain injury.
Ski injury victims can recover economic damages, such as:
If your loved one has suffered wrongful death from a skiing accident, reach out to an Albany wrongful death attorney today.
Victims of skiing injuries may also be able to recover compensation for non-economic losses like:
If you have been injured in a ski accident as a result of someone else’s negligence, you deserve financial compensation for your losses. The skilled injury attorneys at Bailey, Johnson & Peck will investigate your claim and provide you with expert legal representation, ensuring that you see justice for your ski accident.
Call us at 518-456-0082 or contact us online to schedule your free initial case evaluation with a member of our dedicated legal team.
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]]>The post Can You Get Rabies From a Dog Bite? appeared first on Bailey, Johnson & Peck, P.C..
]]>People bitten by aggressive dogs deserve aggressive representation. If you or a loved one has suffered from a dog bite, the Albany dog attack lawyers at Bailey, Johnson & Peck have your back. With over 40 years of experience serving Albany residents, you can breathe a sigh of relief knowing that your case is in good hands.
Call us at 518-456-0082 to schedule a free consultation to discuss your dog bite case.
Rabies is a virus that is spread to humans through infected animal bites and affects the central nervous system. The virus travels through saliva and is often transmitted through an animal bite or scratch that results in broken skin. After infection, rabies can damage a person’s brain and spinal cord, eventually causing them to fall into a coma and die.
According to the Centers for Disease Control, there are approximately 59,000 human rabies deaths every year across the globe. There are very few cases of rabies in the U.S. due to mass vaccinations of domestic animals, but in developing countries with large wild animal populations, rabies transmission is much more common. Rabid dogs cause most rabies deaths worldwide, accounting for 90% of all reported cases and 99% of all deaths.
The incubation period can range anywhere between 10 days to 7 years, but, on average, people can begin to experience the first symptoms of rabies within 3 to 12 weeks of exposure.
After incubation, those infected with rabies will likely experience flu-like symptoms before suffering from other symptoms, such as:
Most rabies cases end in death, so anyone who a dog bites must receive immediate medical care, even if they are not yet experiencing any of the above symptoms.
Yes, you can get rabies from a dog bite. Most human rabies cases today are the direct result of dog bites. The rabies virus can also be transmitted by other common carriers such as raccoons, skunks, bats, small rodents, and other mammals.
It can be hard to tell whether or not a wild or domesticated animal has rabies just by looking at it. To definitively diagnose an animal with rabies, they need to undergo laboratory tests. However, since rabies affects the central nervous system, the dog or other rabid animal may exhibit certain strange behaviors that are consistent with rabies. Some of these behaviors include excessive drooling and unprovoked aggression.
Yes, the rabies virus can be eliminated. Rabies vaccinations can be given to both humans and animals, which could cause worldwide rabies infection rates to decrease significantly.
Humans can receive the human rabies immune globulin (HRIG) vaccine after rabies exposure to help prevent further rabies infection. Humans can also receive preventative rabies shots, but those are usually only administered to those who have a high likelihood of being exposed to rabies. This includes park rangers, researchers, and animal disease control staff, who are more likely to be in contact with rabies-infected animals.
The best way to prevent rabies transmission is by administering rabies vaccines in dogs, the primary source of rabies infections. After all, dogs can’t spread rabies to humans if they themselves can’t contract the virus. A widespread animal vaccination could help lower the number of infected animals worldwide, which can help prevent many humans from contracting the rabies virus.
Animal bites can be stressful and terrifying, and dealing with them at the moment can be incredibly difficult, especially if you’re dealing with pain from the attack. If you or your child has potentially been exposed to the rabies virus, there are several steps you need to take in order to protect yourself and prevent infection.
One of the first things you should do after being bitten by a dog is to get away from the dog safely. If you can leave the area or get inside a car or building, do so. This can prevent you from suffering additional harm.
If possible, gather information from the dog owner. While rare, domestic dogs can carry rabies, so you must ask the dog’s owner about their dog’s vaccination status. This can not only help you, but it can also help prevent others from being infected with rabies by coming into contact with that dog.
Also, gather contact information from anyone who witnessed the attack or who was involved in the situation, like the dog’s owner. This can help you in any future legal proceedings resulting from the dog bite. Take pictures of the area where the bite occurred and the bite wound, if you can.
If you have suffered from a dog bite and you suspect the dog has rabies, you must go to the emergency room immediately. Medical professionals can provide you with rabies post-exposure prophylaxis (PEP) to help prevent you from contracting the virus. PEP will often include thoroughly cleaning the bite wound and a rabies vaccination.
PEP is the most effective treatment against rabies and can prevent you from contracting the rabies infection, even after direct exposure. After providing you with PEP, medical providers can also provide you with additional wound care, like stitches and antibiotics, if needed.
In New York, anyone who a dog bites must report the biting animal to their local animal control authorities or the state authorities within 24 hours of the bite occurring. Albany residents and other New York residents can report the bite online or call 311 to report it.
The local health department can run laboratory tests on the dog to help determine whether or not the dog has rabies and can enforce a quarantine on the dog until it is confirmed not to have rabies. Not only can this help you determine whether or not you need a rabies shot, but it can also help the state keep track of dogs with a history of violence toward humans.
Yes, if you have been bitten by a dog and have contracted rabies, you can sue the dog’s owner or handler by filing a personal injury lawsuit against them. Also, if an animal bites your child and causes them to contract rabies, you can sue the negligent party on your child’s behalf with the help of our Albany child injury lawyers.
While it’s extremely rare, people can survive rabies after being infected, but they will most likely have suffered permanent neurological damage. If your loved one has passed away as a result of contracting rabies, or they’ve survived rabies but are no longer physically able to file a claim for compensation on their own, their immediate family can sue for compensation on their behalf.
Regardless of the situation, if you or a loved one has suffered from damages from rabies from a domesticated dog, call Bailey, Johnson & Peck. Our skilled Albany personal injury attorneys are experienced in dog bite cases and can help you recover the maximum compensation for your injuries. Call us at 518-456-0082 to schedule a free case evaluation with a legal representative on our team.
The damages a person can recover in a personal injury lawsuit depend on their losses. While damages are awarded on a case-by-case basis, victims of dog bites or their families can potentially recover compensation for damages such as:
Rabies is a terrifying disease that can be incredibly life-threatening. If you or a loved one has been exposed to rabies by a domesticated dog, you may be able to file a lawsuit against the animal’s owner. We at Bailey, Johnson & Peck are committed to helping injury victims recover fair compensation for their losses and can help ensure you receive the compensation you deserve.
Call us at 518-456-0082 or contact us online to schedule a free consultation regarding your dog bite case.
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]]>The post Differential Diagnosis appeared first on Bailey, Johnson & Peck, P.C..
]]>When doctors reach an incorrect diagnosis or fail to diagnose an issue in a timely manner, they could cause their patients to experience serious harm. If you or a loved one has suffered harm as a result of a missed, delayed, or incorrect diagnosis, the Albany medical misdiagnosis lawyers at Bailey, Johnson & Peck are here for you.
We can help you seek justice against the negligent medical professionals who caused you harm and ensure that you receive the financial compensation you deserve. Call us at 518-456-0082 to schedule a free consultation with a legal professional on our team.
A differential diagnosis is a list of potential health conditions that a patient could be suffering from based on their symptoms. Many conditions share the same or similar symptoms, so by making a list of all of the possibilities, the doctor can go through and eliminate them one by one through various diagnostic tests.
When doctors have trouble making a diagnosis on a specific issue, they may use differential diagnosis to help narrow down the possibilities and, hopefully, definitively diagnose their patient with the correct condition. This form of clinical practice allows the patient to understand their current health situation and participate in the process of reaching a correct diagnosis.
If a patient is struggling with a health condition and they have either not been diagnosed with anything or have been diagnosed and treated for the wrong thing, they may see a doctor. Sometimes, their condition may be hard to diagnose immediately, so their doctor will go through the differential diagnostic process to help conclude. To make a differential diagnosis, the doctor may:
If the patient has the symptoms of more than one health condition, creating a differential diagnosis and eliminating potential options can help them receive a correct diagnosis.
The differential diagnosis process involves a couple of different diagnostic methods. The process primarily involves a consultation about the patient’s medical history and family history, as well as a physical exam and a series of laboratory tests.
By the end of all of this, the patient will most likely have a correct diagnosis and a treatment plan for their specific disease or condition. If their doctor can’t come to a definitive conclusion, the patient may be referred to a specialist for further examination or treatment.
Evaluating the patient’s medical history is the first step in developing a differential diagnosis. The doctor may ask their patient about their symptoms, how long they have been experiencing them, and how debilitating they are. If the symptoms are severe, the underlying condition may also be severe.
The doctor may then ask about the patient’s medical history, like if they have experienced these symptoms before if there are other symptoms that they tend to experience and aren’t experiencing now, or if there is anything that triggers them to experience these symptoms. The doctor may also ask if anyone in their family has experienced these symptoms.
A complete patient and family history can help the doctor narrow down potential diagnostic tests. For example, if the patient’s mother has suffered from the same symptoms in the past, the doctor may be able to test for conditions with similar symptoms and known genetic factors.
With informed consent, a doctor will also perform a physical examination to help determine if the patient’s condition is interfering with any of their vitals. The physical exam will often check the patient’s blood pressure, heart rate, and the sound of their lungs. If the underlying condition affects the patient’s blood pressure, heart rate, or lungs, that can help the doctor determine the cause of the symptoms.
After getting an idea of the patient’s medical history and performing their physical examination, the doctor can make a differential diagnosis list. From there, they can order various diagnostic tests to help eliminate one or more of the conditions on their differential diagnosis. Some of these tests can include laboratory tests, such as:
They may also order one or more imaging tests, such as a:
After receiving the test results, the doctor will evaluate the results and cross-reference them with their suspected diagnosis list. If the patient does not have the diagnostic criteria of certain health conditions, the doctor can rule those options out of the differential diagnosis. This can help them zero in on a final diagnosis or force them to run more tests.
After the differential diagnostic process is complete, the doctor will most likely be able to provide the patient with an accurate diagnosis. From there, the patient can start seeking treatment for their condition or conditions. If their primary care physician can’t treat their patient alone, they may refer them to a specialist who can help treat them.
If the patient’s condition can’t be determined through diagnostic tests and a physical exam, the doctor may recommend certain treatments anyway to see how the patient’s condition changes as a result. This can help further narrow down the possibilities and help them land a final diagnosis.
At the end of the differential diagnosis process, patients will often receive a diagnosis of one or more medical conditions. From there, they can start seeing a healthcare provider who can treat them for their condition or conditions.
In today’s day and age, our medical knowledge is more advanced than at any other point in human history. Still, we don’t know everything about the human body or certain health conditions. If the results of a differential diagnosis are inconclusive, doctors may have to start from scratch or order further tests to eliminate possible errors made in the process.
If the doctor still can’t decide on a final diagnosis, they may refer their patient to another doctor who may be more equipped to help them.
Some general health symptoms can be associated with many possible conditions. Below are some examples of what a differential diagnosis could look like if a patient were experiencing one of these symptoms.
Many people experience abdominal pain for a variety of reasons, but constant or frequent abdominal pain could indicate a potential health issue. A differential diagnosis for a patient experiencing abdominal pain may include conditions such as:
Just like with abdominal pain, back pain could be a sign of various health conditions, some of which include:
Chest pain can be excruciating and can come on very suddenly. Chronic or debilitating chest pain could be a symptom of conditions such as:
While many people experience a headache every once in a while, experiencing regular headaches or severe headaches can be a potential symptom of:
Differential diagnoses are common practice, especially with those with conditions with the same symptoms as one or more other conditions. They can help patients receive a proper diagnosis and receive treatment for their health conditions as soon as possible. Unfortunately, there are a few risk factors that patients should be aware of before going through the differential diagnosis process.
Some of the differential diagnosis imaging tests or laboratory tests may require sedation, surgery, or exposure to small amounts of radiation. Such tests can harm the patient’s health and even be unnecessary, depending on their symptoms.
Additionally, while this clinical decision-making process can be very effective, doctors still make mistakes and can diagnose their patients with the wrong health conditions. If any part of the differential diagnosis list is incomplete or incorrect, the doctor may come to the wrong conclusion, leading to a medical misdiagnosis.
Medical misdiagnosis occurs when healthcare professionals fail to correctly diagnose their patients based on their diagnostic findings or the patient’s symptoms. This kind of error is considered to be medical malpractice, and it can have severe consequences for the patient and their health.
While no one wants to be diagnosed with a health condition, a correct disease diagnosis allows patients to explore their treatment options and begin their journey to recovery. A medical misdiagnosis, however, halts this process and potentially causes patients to undergo unnecessary treatment, all while their underlying issue goes undiagnosed and untreated
Doctors can make a few different types of errors when providing a patient with a diagnosis. Below are the different types of diagnostic errors and how doctors make them.
A doctor can diagnose a patient with the wrong health condition, leading that patient to believe that they are being treated for the right condition when, in fact, they aren’t. Doctors may do this by incorrectly reading test results or failing to order additional tests to confirm their diagnosis.
Another way a doctor can make a mistake when diagnosing a patient is by not diagnosing them at all. If a patient suffers from pain or other symptoms, but the doctor can’t pinpoint the cause, they may tell the patient to go home and wait for their symptoms to pass.
In some cases, the patient may not have anything wrong with them. But in other cases, patients may experience serious or worsening symptoms in the days, weeks, or months after their last visit to the doctor or hospital.
Delayed diagnosis occurs when a doctor fails to diagnose a health condition in a reasonable time properly. While they may eventually provide their patient with the correct diagnosis, their patient could have suffered from serious health complications in the time it took their doctor to diagnose them.
This kind of diagnostic error is common in cancer patients, where a doctor fails to provide their patient with a comprehensive diagnostic evaluation until their patient’s condition is debilitating. In these cases, the delayed diagnosis can result in serious bodily harm and even death. Our Albany cancer misdiagnosis attorneys can help if you or a loved one are experiencing this.
Yes, if you or your loved one received an incorrect, missed, or delayed diagnosis, you can sue the negligent medical professional responsible for the injuries. A skilled medical malpractice law firm can help prove that the doctor or other medical professional had the knowledge, skills, and means to provide an accurate diagnosis, but failed to do so.
If you have suffered from damages as a result of a misdiagnosis, you may be able to recover compensation for damages, such as:
When looking for a skilled medical malpractice lawyer to handle your case, you’ll want to find one with a long history of successful case results, like the lawyers at Bailey, Johnson & Peck.
Dealing with a health condition and not having a definitive diagnosis for it can be extremely frustrating and damaging to your physical, emotional, and financial well-being. Not only that but being treated for the wrong condition can do a great deal of harm, all while your real health issue is being left untreated.
If you or a loved one has suffered from harm as a result of an incorrect, delayed, or missed diagnosis, call the Albany medical malpractice lawyers at Bailey, Johnson & Peck. With over 40 years of experience in serving the Albany, NY, community, you can rest assured that your case will be in good hands. Call us at 518-456-0082 or use our form to schedule a consultation with a member of our legal team.
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]]>The post What is Assumption of Risk in Personal Injury Lawsuits? appeared first on Bailey, Johnson & Peck, P.C..
]]>In some cases, accidents occur due to engaging in a dangerous activity, like riding a roller coaster, rock climbing, or attending a baseball game. When injuries are sustained during events with a known or particular risk, the defense may use an assumption of the risk legal doctrine. If the assumption of risk defense is used, the plaintiff may lose the eligibility to recover full compensation or any compensation at all.
This assumption of the risk defense tactic can greatly affect a person’s personal injury claim, which is why you need an experienced personal injury attorney who understands the ins and outs of the assumption of risk doctrine. If you’ve been injured due to another’s negligence, you have the legal right to file a personal injury lawsuit against the responsible party.
To discuss your case with an Albany personal injury attorney at Bailey, Johnson & Peck, P.C., call 518-456-0082 today.
The assumption of risk doctrine is a legal defense that a person can use when facing a personal injury case. If the defense can prove that the plaintiff knew the specific risk associated with their actions and chose to follow through anyway, it could hinder the plaintiff’s recovery.
In order to use this assumption of the risk defense strategy, the defendant must prove the following:
When using the assumption of risk defense, the defendant claims the plaintiff assumed a known risk; therefore, the defendant has no legal duty to compensate for the plaintiff’s injury.
By law, four elements must be met when litigating any personal injury case to prove negligence and hold the responsible party liable. If the defendant provides a valid defense confirming the assumption of the risk and the plaintiff acted despite this, it negates the duty of care component: that the defendant owed the plaintiff the duty of care.
A common example of risk assumption is when a person attends a baseball game. There’s an understood level of risk associated with sitting in the stands. If a person gets hit by a fly ball, they cannot file a personal injury lawsuit because they did assume that risk.
In 1998, Jane Costa sued the Boston Red Sox after she was hit by a foul ball in the face, leading to severe and permanent injuries. Costa claims that had she known the risk of being hit with a foul ball, she wouldn’t have attended the game. However, a warning on the ticket stated the dangers of sitting in an unprotected area, but Costa claims she didn’t read her ticket.
Referencing the assumption of risk, the Massachusetts court dismissed the lawsuit, stating that the dangers associated with attending a baseball game were obvious, and the Red Sox did not owe the plaintiff the duty to warn about the obvious dangers.
The assumption of the risk can be divided into primary and secondary assumption categories.
The primary assumption of risk occurs when a person:
With the primary assumption of the risk, the defendant’s negligence does not play a part in the victim’s recovery because the plaintiff assumed the risk associated with the activity. In Costa v. the Red Sox, a primary assumption of risk was applied in determining the case’s outcome.
The secondary assumption of the risk happens when the defendant owes the victim the duty of reasonable care, but the injured plaintiff experiences that risk or the risk was enhanced because of the defendant’s breached duty of reasonable care.
A secondary assumption could happen in two different ways:
In secondary assumption cases, the victim’s compensation could be reduced, but they could still recover some compensation. An example of a secondary assumption of risk is if a ski lodge does not warn against a dangerous area of a ski slope. A skier who knows about the risk and chooses to go down the slope anyway has assumed secondary risk.
A plaintiff can accept the assumption of risk in two different ways: express assumption or implied assumption.
Express assumption occurs when a person agrees and acknowledges risk either with a written or verbal agreement. A waiver that someone signs is a form of express assumption. For example, when a person signs a waiver before participating in a contact sport, they acknowledge that the dangerous activity comes with risks.
This is an express assumption of risk.
However, while waivers can protect defendants to an extent, they often have loopholes. Some courts may ignore a waiver if they’re too broad or unclear. It’s important to note that waivers do not protect defendants from reckless actions.
The implied assumption of risk occurs when a person engages in dangerous activities or activities with inherent dangers, but there is no verbal or written agreement. Despite there not being an agreement in place, the plaintiff knowingly assumed risk and chose to participate in an inherently dangerous activity anyway. A common example of an implied assumption of risk is a person riding a rollercoaster. While waiting in line, the person watches the roller coaster, understands that risk exists, and still chooses to ride the ride.
In personal injury cases where implied assumption qualifies, the plaintiff may not recover any compensation for damages, or those damages could be limited based on their percentage of fault.
Personal injury lawsuits can be complicated legal matters that require extensive knowledge and experience. When you’ve been injured due to another’s negligence, you deserve to be financially compensated for your injuries. If the defense tries to use the assumption of risk strategy, your legal team needs to go to bat for you and disprove their claims.
At Bailey, Johnson & Peck, P.C., our personal injury attorneys have been representing clients in cases involving personal injury for over 40 years and are ready to represent you. When you schedule a free consultation with one of our experienced attorneys, we’ll evaluate your case and determine the best course of action. When a person’s negligence causes others harm, they deserve to be held responsible for their actions. You can trust that when you choose Bailey, Johnson & Peck, P.C. for your personal injury case, our legal team will fight for your rights and work diligently to recover fair compensation for you and your injuries.
To schedule a consultation with one of our Albany premises liability attorneys for personal injury claims, call Bailey, Johnson & Peck, P.C. at 518-456-0082 today.
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]]>The post What is a Crush Injury? appeared first on Bailey, Johnson & Peck, P.C..
]]>In this blog, our legal team will explore what crush injuries are, their symptoms, causes, complications, and the legal aspects of pursuing a personal injury claim in Albany, New York. If you or someone you know has suffered a crush injury due to someone else’s negligence, the Albany personal injury lawyers at Bailey, Johnson & Peck are here to help you understand your rights and seek the compensation you deserve. Call 518-456-0082 to schedule a free consultation at our law firm today.
A crush injury is a traumatic injury that occurs when a body part gets compressed between two heavy objects or experiences significant force. These injuries can vary in severity, from minor bruises to life-threatening conditions, depending on the force of the direct physical crushing and the body part affected. Common body parts susceptible to crush injuries include limbs, hands, fingers, and feet.
Crush injuries can manifest a range of symptoms, which may include:
Crush injuries can occur in various situations, including:
Car accidents are one of the most common scenarios where crush injuries occur. When a vehicle collides with another object or vehicle, the tremendous force involved can lead to various types of crush injuries. Here are a few scenarios that can explain how a crush injury occurs during a major car crash:
Crush injury patients often suffer life-threatening, delayed complications as a result of their crushed body parts. The most common systemic complications these patients can suffer from include compartment syndrome, crush syndrome, hypovolemic shock, hyperkalemia, and kidney injuries.
Compartment syndrome is a soft tissue injury that occurs when increased pressure within a muscle compartment restricts blood flow, leading to tissue damage. It can cause severe pain, swelling, as well as nerve and muscle injury. Prompt medical intervention is crucial to decrease compartment pressure and prevent further complications.
Crush syndrome, also known as traumatic rhabdomyolysis, occurs when damaged skeletal muscles release harmful substances into the bloodstream, potentially leading to metabolic abnormalities, acute renal failure, shock, or even death. Crush syndrome requires immediate medical attention for the best chances of survival.
Hypovolemic shock is a state of severe blood loss, which can occur if a crush injury of an affected limb or body part leads to internal bleeding. Symptoms include rapid heart rate, low blood pressure, confusion, and pale skin. Immediate medical treatment from a trauma center is essential to stabilize the patient.
Hyperkalemia is a condition characterized by elevated levels of potassium in the blood. Crush injuries can cause muscle breakdown, leading to the release of potassium into the bloodstream. Hyperkalemia can lead to cardiac arrest, muscle weakness, and even paralysis in the most severe cases.
You may not think that crushed and damaged muscle cells can spiral into something as severe as acute renal failure, but it definitely can. A traumatic rhabdomyolysis is a severe form of muscle breakdown that can lead to metabolic acidosis, which is when the body produces too many acids (such as lactic acid and uric acid) and your kidneys don’t flush out these acids fast enough.
Rhabdomyolysis-induced renal failure can lead to cardiac arrhythmia, nausea or vomiting, fatigue, changes in urination frequency, fatigue, confusion, and more. Preventing renal failure may require IV fluids and kidney dialysis.
If you’ve sustained these types of injuries due to negligence, contact an Albany catastrophic injury lawyer.
Treatment for crush injuries depends on the severity of the injury and the systemic effects the patient suffers as a result of the injured muscle or body part. Doctors may suggest the following treatments:
If you’ve sustained crush-related injuries due to someone else’s negligence, you may have grounds to file a personal injury lawsuit in Albany, New York if the person acted outside of the reasonable person standard.
To determine whether you can sue for a crush injury, consider the following factors:
In order to prove that someone’s negligence caused your accident and your crush injury, it’s crucial to hire an experienced personal injury lawyer at Bailey, Johnson & Peck. We can gather sufficient evidence to prove that negligence occurred in your accident, and we can help you obtain a fair settlement for your suffering.
Albany personal injury attorneys can help you seek compensation for various types of damages related to your crush injury, including:
If you or a loved one has suffered a crush injury and crush syndrome in Albany, New York due to negligence, it’s essential to seek legal representation from experienced personal injury lawyers. At Bailey, Johnson & Peck, we understand the complexities of crush injury cases and are committed to helping you pursue the justice and compensation you deserve.
Our dedicated team will thoroughly investigate your case, gather evidence, consult with medical experts, and build a strong legal strategy to hold the negligent party accountable. We will fight tirelessly to protect your rights and help you recover the damages necessary to move forward with your life.
Don’t wait to seek justice and compensation for your crush injury. Contact the Albany personal injury lawyers at Bailey, Johnson & Peck at 518-456-0082 today for a free consultation. Allow us to guide you through the legal process with compassion and obtain justice on your behalf.
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]]>The post 10 Mistakes to Avoid in a Personal Injury Claim appeared first on Bailey, Johnson & Peck, P.C..
]]>Before delving into the common mistakes to avoid, let’s briefly clarify what a personal injury claim entails. A personal injury claim is a legal case in which an injured individual (the plaintiff) seeks compensation from the responsible party (the defendant) for their injuries and related damages. These damages can include medical bills, lost wages, pain and suffering, and more. Personal injury claims typically arise from various incidents, such as car accidents, slip and falls, medical malpractice, product liability cases, and more.
If you’re ready to take legal action against a negligent party for your personal injuries and other damages, it’s important to tread carefully. You’re likely under immense stress, which makes it easier to make mistakes – like saying or doing the wrong thing – without realizing it. You should always seek legal advice from an experienced personal injury lawyer at Bailey, Johnson & Peck before making any rash decisions. We can help you avoid these top 10 mistakes in a personal injury claim so that you can receive a favorable outcome and a fair settlement.
After being involved in an accident, one of the first and most crucial steps is to contact the police. Failing to do so can hinder your personal injury claim significantly. A police report serves as an official record of the incident, detailing important information such as the parties involved, witnesses, and any potential violations of the law. This report can be invaluable when establishing liability and the extent of damages in your case.
Another common mistake is neglecting to gather evidence at the accident scene. It’s essential to collect as much information as possible, including photographs of the scene, vehicle damage, visible injuries, and any contributing factors like weather conditions or road hazards. Additionally, take down the contact information of any witnesses, as their statements may become essential during the claims process.
If you’ve followed step one and called the police, make sure to obtain a copy of the police report filed once it’s available. This document can provide critical details and strengthen your personal injury case against the negligent party. Your Albany personal injury attorney will use the police report to support your claim by demonstrating the other party’s negligence or wrongdoing.
During a stressful situation like a car accident, it’s natural to feel empathy and concern for others involved. However, repeatedly apologizing or admitting fault can be used against you later in your personal injury case, even if you do share a portion of fault in the accident. It’s crucial to avoid making statements that could be interpreted as an admission of guilt, even if you believe you may have contributed to the accident in some way.
One of the most significant mistakes you can make is failing to seek medical attention promptly.
Seeking medical attention is crucial even if you believe you have minor injuries. You could actually have a serious injury that appears later (this is referred to as a latent injury) and the doctor could catch it early, before it potentially threatens your health.
Delaying or avoiding medical treatment can not only jeopardize your health but also weaken your personal injury claim. An insurance company may argue that your injuries are not severe if you didn’t seek immediate medical care.
Once you’ve received medical treatment, it’s crucial to follow the advice of medical professionals and adhere to their recommended treatment plan. Failing to do so can not only harm your recovery but also give insurance companies ammunition to dispute your claim. They may argue that you contributed to your own injuries by not following medical instructions, as indicated by your medical records.
Insurance companies often seek recorded statements from claimants shortly after a car accident. While it may seem harmless, these statements can be used against you later. Insurance adjusters are trained to ask questions that may lead you to make statements that undermine your claim. It’s advisable to consult with an attorney before providing any recorded statements to an insurance company.
Accepting an initial settlement offer without consulting Albany personal injury lawyers first can be a costly mistake. An insurance company may offer a quick settlement to minimize its costs, but these offers often fall short of covering the full extent of your damages. Signing a release means you give up your right to receiving fair compensation, even if your injuries worsen or additional expenses arise.
In today’s digital age, it’s common for individuals to share various aspects of their lives on social media platforms, especially major accidents or traumatic events. However, discussing your accident, injuries, or legal matters on social media can be detrimental. Insurance companies and opposing counsel often monitor social media accounts for information they can use against you later such as an assumption of risk. To protect your claim, refrain from posting anything related to your accident or injuries on social media.
Each state has a statute of limitations, which are specific deadlines for filing personal injury cases. In New York, the statute of limitations for personal injury claims is typically three years from the date of the accident. Waiting until the last minute to file a personal injury lawsuit can be risky because it could be dismissed. Consult with an experienced personal injury attorney at Bailey, Johnson & Peck as soon as possible to ensure you meet all deadlines and have ample time to build a strong case.
Navigating a personal injury claim on your own can be overwhelming and risky, especially if you’ve made any of the mistakes mentioned above. An experienced Albany personal injury attorney from Bailey, Johnson & Peck can provide invaluable assistance throughout the legal process.
If you’ve been severely injured in an accident in Albany, NY, don’t make the costly mistakes that can jeopardize your personal injury claim. Instead, contact the experienced personal injury attorneys at Bailey, Johnson & Peck today. We are committed to helping you navigate the legal process, maximize your compensation, and achieve the justice you deserve. Call us now at 518-456-0082 to schedule a free consultation and let us advocate for your rights and well-being during this challenging time.
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]]>The post Can You Sue a Trucking Company After a Crash? appeared first on Bailey, Johnson & Peck, P.C..
]]>If you or a loved one has been injured in a semi-truck accident, it’s important to seek expert legal counsel so that you can receive the proper compensation you deserve. The Albany trucking accident lawyers at Bailey, Johnson & Peck are prepared to help you pursue compensation from the responsible party or parties in your truck accident case. Call us at 518-456-0082 to schedule a free legal consultation with a member of our experienced team.
Like all other motor vehicle accidents, semi-truck accidents occur under various different circumstances. Some of the most common causes of trucking accidents include:
Depending on the circumstances surrounding the accident, there are various parties who could be held liable for a truck accident in a personal injury case. Some potential negligent parties include:
In some cases, multiple parties can share the blame for the accident and can all be held partially responsible for damages. An experienced truck accident attorney will be able to examine the circumstances of the accident and determine who is liable for the incident so that victims can file a truck accident lawsuit against them.
In some truck accidents, the truck driver is primarily to blame for the accident, making them at least partially liable for the damages caused by the accident. It depends on the circumstances surrounding the case, however. Below are some instances in which truck drivers can be sued for negligence after a truck accident.
Driver fatigue is incredibly dangerous, especially for those driving large commercial trucks. Semi-truck drivers also tend to drive for hours and hours on end, sometimes through the night. This can make it easier for them to fall asleep behind the wheel or become so fatigued that they can’t focus on the road.
Truckers can also become distracted while driving and may take their eyes and attention away from the road at times. Things like eating, texting, or messing with the radio can all distract a driver and cause a serious accident.
Similar to people who drive passenger vehicles, some people who drive commercial vehicles decide to get behind the wheel while intoxicated. In addition to being illegal, this kind of action is incredibly reckless and dangerous. It puts the driver themselves, as well as others on the road, at a high risk for injury or even death.
If you were involved in a trucking accident as a result of fatigued, distracted, or intoxicated driving, you may be able to sue the individual truck driver for compensation.
Truck accident victims may also be able to file a lawsuit against the truck driver if the truck driver caused the accident by speeding or otherwise violating traffic laws. Accidents involving semi-trucks can be devastating, and when they occur at high speeds, the results can be much worse. That’s why it’s important for victims to hold the negligent truck driver responsible for their actions in a truck accident lawsuit.
Just like other car accidents, trucking accidents can be caused by aggressive or reckless drivers. Trucks have larger blind spots than passenger vehicles, so when they are close to other drivers, they may not even notice. That makes it much easier for semi-truck drivers to cause serious accidents by swerving in and out of lanes or tailgating other vehicles.
Additionally, it goes without saying that semi-trucks are larger and heavier than passenger cars, so it takes them a lot longer to slow down or stop. Aggressively driving right behind other vehicles can drastically reduce the amount of time that they will have to slow down if the vehicle in front of them slows or stops. In this kind of truck accident case, the truck driver would most likely be found responsible for the accident and liable for any damages.
Commercial motor vehicles like semi-trucks are often owned and maintained by a trucking company. The company is also responsible for vetting, training, and hiring their drivers and cargo-loading personnel. Because they are in charge of so many different aspects of their business, trucking companies can sometimes be the primary cause of a truck accident. Below are some instances in which victims can file a truck accident lawsuit against a trucking company.
Semi-trucks and tractor-trailers often carry cargo, and it’s important that the cargo is properly loaded and secured so that it can safely reach its destination. Improperly loaded cargo can fall off the truck, blocking the road and potentially striking other vehicles. Additionally, if the cargo makes the trailer back heavy, it can negatively impact the driver’s ability to handle the vehicle and cause the truck to fishtail.
In these cases, the truck company in charge of hiring and training the people who loaded the cargo may be held liable for any auto accident caused by cargo problems.
Commercial vehicles like semi-trucks are often used for extensive periods of time, which can cause significant wear and tear. Over time, small problems can cause massive mechanical issues, which can easily lead to a trucking accident. If truck companies fail to inspect their vehicles and properly maintain them, and one of their trucks is involved in an accident because of a mechanical problem, the company could be sued for damages.
The trucking industry in America is vast and growing, but because the risks of driving such large vehicles are so high, trucking companies have to be careful who they hire. If a trucking company does not properly vet or train its drivers, it may be partly responsible for any semi-truck accident its untrained or undertrained drivers cause.
The Federal Motor Carrier Safety Administration (FMCSA), which creates and enforces commercial motor vehicle regulations, has a list of required procedures for drug and alcohol testing programs for transportation companies. If a trucking company fails to properly and routinely conduct these tests, it may be held partially or fully liable for any truck accident caused by an intoxicated employee.
Comparative fault is a legal doctrine that dictates how much compensation a person can receive in a personal injury lawsuit based on how much they contributed to the accident. If the victim was partially to blame for the accident, they could have their maximum compensation reduced depending on the percentage of blame that the court assigns them.
For example, let’s say a tractor-trailer is going down the interstate when the door at the back of the truck flies open, causing their cargo to spill out onto the road. There’s a car behind the truck driving a reasonable distance, but the driver is looking at their phone when the truck loses its cargo. The person driving the car crashes into some of the cargo, suffering injuries, and they sue the truck company for the improperly loaded cargo.
In some cases, the trucking company could be found 100% responsible for the accident and have to pay the victim for 100% of their losses. However, since the victim in this case was looking at their phone and didn’t see the cargo in front of them, the court may decide that the car driver was at least 15% to blame for the accident. In this case, the trucking company would only have to pay for 85% of the victim’s damages.
New York is one of the few states in the country that employs pure comparative fault, which states that victims can pursue compensation for damages, even if they are 99% to blame for the accident. In other states, the victim can only be 50% or less at fault in order to receive any compensation. This means that if you are in any trucking accident, you may be able to recover compensation, regardless of how much your actions contributed to the incident.
Large trucks have a large capacity for harm, and insurance companies know this better than just about anyone. Many truck accidents cause damages that exceed people’s personal injury protection insurance, which is why so many semi-truck accident victims have to request compensation from the negligent party’s insurance company.
Insurance companies are for-profit businesses, and they will do what they can to protect their profits, even if that means offering accident victims unreasonably low settlement amounts. Hiring a truck accident lawyer can help significantly increase your chances of receiving fair compensation.
Semi-truck accident lawyers will know how to negotiate with insurance companies in order to receive a fair settlement offer. If the insurance company can’t provide a reasonable settlement amount, that lawyer can help victims file a truck accident lawsuit in hopes of receiving enough compensation to cover the victim’s losses.
Even at low speeds, large truck accidents can cause serious injury and even death. A truck accident victim may experience injuries, such as:
A semi-truck accident can cause significant damage to people and property, and in many cases, victims are left suffering from those damages for the rest of their lives. In a personal injury claim, a truck accident law firm could help a victim recover compensation for both their tangible losses, like medical expenses, as well as their intangible losses, like emotional distress.
In a truck accident claim, a victim may be able to recover compensation from the negligent party for economic damages, such as:
In a truck accident case, the victim could also receive financial compensation for their non-economic damages, such as:
If you have suffered from serious injuries as a result of a semi-truck accident, you deserve compensation for your past and future losses. Luckily, the skilled attorneys at Bailey, Johnson & Peck are here to help you pursue fair compensation from the other parties involved in the truck accident. Call us at 518-456-0082 or contact us online to schedule your free consultation with an experienced legal professional today.
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