kermphrryk

Philadelphia Injury Lawyer Talks About Placing a Monetary Value on an Injury

Some people object to the very concept of compensating injured accident victims with money. They might feel that individuals who have been injured should simply be strong and bear their losses. After all, their no-fault insurance should cover their medical bills and lost wages. It is a good bet that these people have never been seriously injured in an accident. Nor is it likely that anyone in their family has suffered such a fate. Nevertheless, it is fair to debate the issue of directly translating pain into dollars.

Perhaps some feel that it demeans the value of human suffering to place a financial value on it. Yet that is the only method our legal system has to redress the injurious acts committed by negligent motorists, shopowners, corporations, etc. And as long as this method of compensation is available, injured accident victims and their attorneys will seek to receive maximum financial compensation for the injury. That is human nature.

Still others point to the added costs of doing business they feel that injury lawsuits cause. They believe that these added costs are passed on to the consumer in the form of higher prices. There is some merit to this argument. I believe it is worth paying these higher prices in exchange for keeping the right to sue for compensation. Not only can financial compensation help to make the accident victim whole, but the threat of lawsuits keeps companies accountable for their errors. Consider also that The Bible at Exodus 21:25 authorizes financial compensation for pain inflicted by another.

Pending further changes to our present set of negligence laws, individuals are free to look to the courts for financial compensation for injuries caused by the negligent acts of others. Given that this system, or some form of it, is likely to remain in effect for many years to come, the questions becomes: How much is an injury case worth? Unfortunately, there is no way to know for sure what a case might settle for until the medical treatment is concluded and the doctors prognosis rendered.

Unless he has been in many accidents and sued many times, the average client has no idea of the amount for which a personal injury case should settle. The clients fate, for all intents and purposes, is in the hands of the attorney. If the attorney, for whatever reason, wants to settle the case even though fair value has not been offered, how is the client to know this? There are no easy answers here, which is why it is vital to retain a lawyer you can trust. I know of no other area of life, with the possible exceptions of going to your doctor or getting your car repaired, where the unsophisticated client has to trust the honesty and good judgment of another.

Lawyers and insurance adjusters evaluate personal injury cases in many ways. For simple cases, such as neck and back strains and sprains (soft tissue injuries) that heal over time, the key factors will be length of treatment and, perhaps, the amount of the medical bills. Some adjusters and lawyers just multiply the total of the medical bills by three or four to determine the settlement value. That is an overly simplistic approach which is used less these days than in the past. Yet the medical bills still figure into the settlement evaluations in this kind of injury case. The bills are also considered to a lesser extent in more serious injury cases.

Perhaps the one rule of thumb for these "soft tissue injury" cases is $2,000 for each month of treatment. Thus, a soft tissue back and neck injury with three months of treatment will probably settle for between $5,000 and $7,000. There is a limit to this kind of computation. After perhaps 6 or 7 months of treatment, the insurance company may begin to suspect that the claimant is prolonging the treatment just to drive up the settlement. It is, of course, totally inexcusable to stay in treatment one visit longer than is necessary to recover from your injuries.

Ruptured discs, bone fractures, and injuries resulting in scarring generally are compensated more generously than are soft tissue injuries. Insurance companies more often than not suspect that soft tissue injuries are imagined or exaggerated. Herniated discs, fractures, and scarring cannot be faked, at least not without the assistance of a quack doctor.

The severity of the injury greatly influences the settlement offer. So will the characteristics of the individual. For example, a facial scar on an attractive young woman is "worth" far more than an elbow scar on an elderly man. A permanent injury to a child brings a far larger offer than will a similar injury to an adult. A herniated disc suffered by a skilled manual laborer has a greater "value" than a herniation sustained by a person with a sedentary job. A soft tissue injury sustained by a person with a long history of suing for accidents brings a lower offer than the same injury suffered by a first time plaintiff.

The largest jury awards, and therefore the largest settlements, involve severe head injuries, loss of limbs, paralysis, and death. Even these catastrophic injuries must be carefully documented to achieve maximum settlement value. It is especially important with catastrophic injuries for the insurance company to realize that your lawyer knows how to prove these kinds of cases. Claims adjusters are terrified of the huge jury verdicts returned on cases involving severe, permanent injury.

The other factors that influence settlement value include:

the reputation of your attorney,

the reputation of your doctor,

the amount of property damage,

the amount of time missed from work, and

the willingness of you and your attorney to hold out for top dollar.

These factors are important in all personal injury cases.

For more information about Evan Aidman, a Pennsylvania Personal Injury Lawyer and his work with clients with serious injuries click here: Philadelphia Personal Injury Attorneys

Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor's Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.

Click Here for Attorney Aidman's website: Pennsylvania Personal Injury Attorneys

posted by ujzboi @ 8:24 PM 0 comments

Errors During Surgery on the Rise

The number of surgical mistakes made in the United States each year is alarmingly high. Many, if not all, of these surgical errors could be avoided. Some surgical mistakes are just too hard for families to believe, such as performing surgery at the wrong site (wrong leg, arm etc.). When we enter an operating room as a patient, our lives are in the hands of our surgeon, and we trust them to perform our surgery without making errors, especially ones as egregious as operating on the wrong limb or cutting into the wrong area to remove a tumor.

Medical negligence/malpractice is defined as a medical professional's "failure to exercise the skill, care, and prudence necessary to prevent causing a patient injury or illness." Non-fatal surgical errors occur just as frequently and often result in serious injuries such as paralysis or other permanent disabilities. An estimated 98,000 hospital patients die each year as a direct result of medical malpractice or medical negligence involving surgical errors by surgeons and other healthcare professionals in the operating room.

When we sign consent forms allowing our surgeons to operate, we do not typically anticipate surgical errors will be made during our procedure. We tend to believe our surgeon has performed this procedure hundreds, maybe thousands, of times and is competent and experienced enough to perform the entire procedure without error. Unfortunately, this is not always the case. Surgical errors are the most shocking of medical malpractice mistakes and include leaving surgical instruments inside patients during and after surgery, operating on the wrong site, and sometimes even operating on the wrong patient altogether.

Factors Contributing to Malpractice

Failure to take proper patient medical history
Failure to note all drug allergies
Surgeon fatigue
Inattentiveness
Miscommunication amongst surgical staff
Poor handwriting in patient charts
Poor pre-operative planning

Because the consequences of surgical errors are so serious, the medical costs involved in "fixing" those errors are exorbitant. Patients may have to pay for multiple surgeries to correct the problem; there may be nerve/organ damage; infection; and scarring. The emotional toll of being the victim of a surgical mistake is profound and some patients never recover from surgeons' grave mistakes.

Wrong site surgeries, perhaps the most devastating of all surgical errors, are actually on the rise; in 2006, healthcare facilities reported that 84 operations done in the United States involved the wrong body part or wrong side of the body. The actual number could be even higher because many hospitals are not required to account for mistakes publicly.

Efforts to Prevent Surgical Errors

There have been some efforts to correct the growing problem of surgical errors. Surgical teams are encouraged to have a last minute "meeting" in the OR to make sure the correct site is being prepped and to make sure it is, indeed, the right patient being prepped for surgery. Surgeons in some states have also been ordered to mark a black X on the correct surgery site to avoid wrong site surgeries. Some surgeons do not like to participate in these last minute meetings and some don't use the black X to mark the surgery site as they feel they are incapable of making such egregious errors. Taking a few extra seconds to make these last-minute checks could save lives and spare surgeons millions of dollars in malpractice lawsuits.

If you or a loved one has suffered or died to surgical medical malpractice in New York City, Long Islandincluding Suffolk and Nassau Counties, please visit the website of the Medical Malpractice Law Offices of Silberstein, Awad & Miklos.

posted by ujzboi @ 7:54 PM 0 comments

Reasons for Estate Planning

Do you know what happens if you die without a will? The courts will decide who will raise your children, manage your assets, inherit your possessions, and administer your estate. Heirs must usually agree on a court appointed administrator. If some of the heirs are mentally incapacitated, or under age, it gets unbelievably complicated. Add in children and spouses from previous marriages and it can become a seething pot of turmoil for your family.

If your second spouse survives you, the children from your first marriage could end up with nothing. The courts may set aside assets to be given to the children when they come of age, that makes it impossible for your spouse to afford your current home or lifestyle.

When there is no will and a couple dies together, the state may have to decide who died first. If one outlives the other, even by a few minutes, the relatives of the first to die can loose out completely.

Without proper organization your assets could go unnoticed or become lost and loved ones may not benefit from your years of hard work.

Imagine your loved ones rummaging around your home and safety deposit box after youve died or become mentally incapacitated, gathering up all the papers they can find. They have no way of knowing if what they find is up-to-date, important, or complete. All they can really do is stuff the papers into plastic bags and go to an accountant or lawyer for help. This is a stressful and chaotic situation. An unorganized or improperly prepared estate plan can melt the glue that holds a family together.

If you think you dont have much, consider that the less you have the more your family needs a well written estate plan to see that it goes to them, not taxes and attorneys.

Also, some of the biggest fights in estates can occur over personal items such as a sterling silver tray or a family heirloom. Planning ahead can avoid costly court actions and family rifts that may never be repaired.

A will cant help you and your family when youre alive. If an accident or a stroke leaves you mentally incapacitated and you dont have a Durable Power of Attorney for Property in place, there is no one to automatically step in and manage your financial affairs. A marriage license does not give your spouse authority to act for you if you become incapacitated. Its false comfort to believe that it does. All your financial assets including bank accounts can become frozen. Your spouse may be unable to sell the house if she needs to. The courts will appoint someone to represent your best interests. You have sentenced your family to an ongoing financial nightmare.

You also need a Durable Power of Attorney for Health Care and a Living Will. If you havent taken the responsibility to legally make your wishes known you may be kept alive and in pain as medical bills devour your estate because a family member is unable to let you go. Your loved ones can be racked with guilt if they have to decide to shut off life support or tube feedings. Why dont we plan? We believe it will be cumbersome, time-consuming, and in most cases, very expensive.

Prepaid legal provider companies offer various plans that allow members to call an 800 number to discuss any legal problem for a low monthly fee. The companies contract with law firms across the country to offer these servicessimilar to the way a health insurance company contracts with doctors. Legal service plans provide for legal benefits, including unlimited attorney consultation, will preparation and traffic violation defense. A legal service plan will provide a Will Worksheet to make it very easy for you. You fill it out in the comfort of your home, call your law firm, and send it in. Youll receive back at no additional charge a comprehensive will ready to be notarized. Your Durable Power of Attorney for Health Care and a Living Will are also available. Take care of your family.

Make those decisions now while you still can. 75 percent of Americans dont have a will. Talk with your attorney about a Durable Power of Attorney for Property, Bank Power of Attorney, Revocable Living Trusts, Testamentary Trusts, and any other legal documents that could benefit your family. They must be written carefully so they dont conflict and void each other out.

Steve Mueller has over 25 years of human resource experience. He has worked in various fields of human resources; as a Trainer for Cooper Industries, Compensation and Management Development Manager for Zenith Electronics, Plant Personnel Manager for a motor manufacturing company and Benefits Manager for a multi-location distribution company. Steve holds a bachelors of science degree in education from Pittsburg State University. He has taught numerous adult education classes and seminars in the community. He has received community service awards for his participation in elementary school child safety program.

Solutions Plan, a Missouri based company, works with both individuals and companies to help you find and develop a Solution Plan tailored to meet your needs. Solutions Plans staff is experienced in the areas you need help. Let us have one or more of our staff work with you to meet your needs.

posted by ujzboi @ 10:02 AM 0 comments