Currently Browsing: Personal Injury Law

Recall and Regulation of the DePuy ASR Hip

The majority of hip replacement surgeries are completely beneficial to patients with a success rate of about 98%. So starting around 2008, when a large influx of failure reports surfaced, many doctors and researchers were surprised. The staggering majority of the reports were from patients who had received the DePuy ASR Hip System. DePuy Orthopaedics is a division of Johnson & Johnson. The ASR Hip System was released in the United States for medical market use starting in 2005. Both the ball and socket are manufactured with a cobalt and chromium alloy. This hip implant was the first of its kind to use these metallic materials for total hip replacement surgery.

The DePuy ASR was recalled by DePuy Orthopaedics in 2010 after a staggering amount of data confirmed the high failure rate of the implant. Many people experienced extreme discomfort within the first five years that the hip was installed. When undergoing an arthroplastic surgery like a total hip replacement, doctors are liable to make mistakes like misaligning the ball and socket. This misalignment can cause unnecessary wear to the implanted material as well as post-operative dislocation of the joint. However, many people that suffered as a result of being implanted with the DePuy hip experienced pain because of the product’s defective design, not medical negligence. Because the product’s design is flawed, there have been hundreds of lawsuits filed by individuals who have been hurt due to faulty implants.

Many doctors and researchers mention that the metallic material of the implant is not conducive to the surrounding sensitive tissue. As the muscle and tissue surrounding the acetabulum and femoral head heals from surgery, it can often be aggravated by the DePuy ASR metal shavings. The cobalt and chromium technology can increase metal ion levels in the patient’s bloodstream. Patients that have been fortunate enough to not need numerous surgeries after injuries related to the DePuy ASR are encouraged to make annual appointments with their orthopaedic physician in order to measure blood levels and check on the condition of the hip implant.

7 Forms of Reckless Driving

Reckless DriverCar accidents are one of the top causes of injuries and fatalities in the United States.  Unfortunately, most car accidents are the result of reckless driving behaviors.  These behaviors are easily preventable, but many drivers do not feel the need to give traffic laws their due attention and respect.  But when a reckless driver injures an innocent person, that victim might be left with more than just physical injuries.  He or she might also be facing serious financial burdens, which could come with the medical attention necessary for treating injuries.

There are many different kinds of reckless driving, all of which could cause significant damage to anyone involved.  Some forms of reckless driving are seen more often than others.  For instance, seven forms of reckless driving that injure many people every year include:

1. Speeding
2. Tailgating
3. Drunk Driving
4. Running Stop Signs
5. Running Red Lights
6. Not Using Turn Signals
7. Not Yielding

These dangerous behaviors can be extremely hazardous for innocent people who are forced to share the road with reckless drivers.  Any accident lawyer would tell you that you might actually qualify for financial compensation if you have been victimized by a reckless driver.  While this compensation might not cover all of your costs, depending on how high they are, it is possible that it will do so, and it might even exceed your financial need.

There are many other kinds of reckless driving, and this is such a broad term that it encompasses a lot of different behaviors.  The point that many people need to retain, though, is that they should always investigate their options if they have been affected by a reckless driver, even if this means just educating oneself about potential compensation for which they may qualify.

Things To Know About Tort Litigation

Accidents oftentimes occur in places you would least expect: in totally familiar places; in seemingly non-threatening environments; in well-sanitized places, or even in hospitals. Oftentimes, it is not a question of how carefully you act or move about, but rather of how well others keep and maintain the places where you go.

From a simple slip to a serious bodily injury or, even worse, wrongful death – these are just a few of the harms you can suffer due to others’ carelessness or negligence. To you, the injury victim, regardless of the gravity of the injury, there is always the possibility of medical expenses and, sometimes, economic losses (loss of capacity to earn, for instance) that you need to face.

Due to these sudden and undeserved financial burdens, the law allows personal injury victims to file for a claim to get compensation for all their injury-related losses and expenses. There are actually different types of accidents and injuries that fall under the classification of personal injury wherein a personal injury lawyer can help you file a case and fight for your right for compensation. Some of these are:

  • – Motor Vehicle Accidents
  • – Construction Accidents
  • Car Accidents
  • – Injuries due to Product Liability
  • – Injuries due to Premises Liability
  • – Injuries due to Medical Malpractice
  • – Burn or Explosion Injuries
  • – Traumatic Brain Injuries
  • – Wrongful Death

Many personal injury cases fall under the rubric of tort law – a civil (rather than a criminal) act, one which can be filed as a lawsuit. Though the tort law protects the rights of the victim, it does not tolerate abuse to the liable party when it concerns the amount of compensation the latter has to give. Determining the amount of damages you can ask from the liable party, as well as determining if your case merits a claim, can be done with the least trouble through the assistance of a personal injury lawyer who is highly trained in the realm of Tort law and experienced in trial proceedings.

Save yourself from financial worries over medical needs and economic losses. If your injury is due to someone else’s negligence, call a personal injury lawyer and fight for your rights for compensation.

Issues Relating To Florida Car Accidents

Besides physical injuries and property damage, another negative effect of car accidents is trauma. And oftentimes, more than the bodily harm, it is the mental suffering that the victim needs to deal with longer and more painfully.

CrashIf you or someone you know is a victim of any type of car accident, it may be that the unfortunate situation you or that person is going through is the fault of someone else (assuming that both of you have observed all the rules on safe driving). There are many different reasons why car accidents happen; it could be someone speeding or driving recklessly, defects on your vehicle or on the road, failed brakes or tire blowouts, or any number of other reasons. Regardless of the cause of the car accident, you can always depend on a car accident lawyer to help you get the compensation you deserve, so long as your case merits it. Their training on the laws concerning car accidents and personal injuries, as well as his or her familiarity and expertise in legal proceedings, courtroom tactics, and out-of-court negotiations are all to your advantage as you fight for your right to a claim.

A car accident lawyer is ready to defend you in many other motor vehicle accident issues, including:

  • Pedestrian Accidents
  • Accidents involving a Motorcycle, a Truck or an 18 Wheeler
  • Accidents due to Auto Defects or Road Defects
  • Rollover Accidents
  • Accidents due to Speeding or Reckless Driving
  • Drunk-driving Accidents

According to the website of Ravid & Associates, P.C., since the injuries which may occur in car accidents or any other vehicular accident often require medical treatment, the law allows the victim to receive compensation from liable parties. The amount of compensation depends on the seriousness of the injury because, though some injuries may only be minor and temporary, some are serious and permanent, taking away from the victim the capability to work and earn a living.

 You and your family shouldn’t have to cope with these and other consequences from a car accident caused by someone else. Talk to a car accident lawyer; the sooner you do, the less you’ll have to worry and the faster you can recover from your damages.