Can You Bring A Claim For A 'Footie' Injury?

With the amateur football season in full swing again injuries are a given so can you bring a claim if you suffer a broken leg or ankle or a long-term knee ligament damage?

Not necessarily, says Kent personal injury lawyer Neille Ryan. “Not every tackle resulting in injury is actionable – in fact even a foul wouldn’t automatically guarantee a successful claim.”

Neille, personal injury partner at leading regional law firm Furley Page, stresses that the victim of an injury has to prove that the perpetrator was playing with “an almost reckless disregard” for the safety of other players.

He goes on: “Witness evidence is crucial from fellow players, spectators and ideally the referee as well - and a yellow or red card would strengthen a claim. But you need to bear in mind that if the perpetrator isn’t insured how would they afford to pay damages which might be awarded against them?”

And a final word of warning. Don’t be tempted by ads on satellite TV if you’re thinking of making a claim as companies very often conduct initial enquiries through call centres using staff with few, if any, legal qualifications.

“A careful internet search will easily lead you to a specialist personal injury solicitor who will offer you free initial advice,” says Neille.

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William Morgan Personal Injury Lawyer in Salem Oregon inspired by his own tragedy

William Morgan and his wife wife were in an accident just after their wedding. Their car flipped end over end off an embankment at high speed. “That was a very hard time for us,” said William Morgan. “We both ended up hospitalized far from home”. Though they were injured, they felt secure believing that their insurance company would work to take care of their needs. While their insurance company had advertised that they would be in “Good Hands,” William Morgan states, “Our hopes led to disappointment after disappointment as our insurance company’s handling of our claim showed us they only cared about receiving our premiums.”

They learned that the friendly agent who sold them the policy was just that . . . a sales person. When they presented their claim, a trained and skilled claims adjuster went to work trying to make them feel like we were being taken care of while actually providing us with insufficient benefits.

That was over 20 years ago. Bill Morgan wasn’t an attorney yet and did not seek legal assistance. That was a huge mistake. Since then their family has grown but Bill’s wife has endured back pain resulting from that accident all of those years. Bill often wishes that he would have done it right and received competent legal help to assist him in working through the frustrations of dealing with an insurance company who trained their adjusters to make people feel grateful to them for providing amazingly insufficient help in a time of real need.

It is that experience that inspired Bill Morgan to help people who are suffering from injuries and frustrated with the process. He saw that he could do so in an honest, fervent manner. Bill focuses is team’s efforts on assisting those who have been injured in an accident.
If you are in an accident, make sure you find a good personal injury lawyer to represent you. Good attorney’s will fight for you and make sure that you don’t end up empty handed down the road a few years later when aches and pains can surface that were a direct cause from your injury.


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EMS Chief Crashes into a Scooter Riding Restaurant Deliveryman Leaving New York Personal Injury Lawyers Hungry for More Details

According to FDNY sources, the chief had his lights and sirens on when he hit the moped driver. After the crash, the chief stayed at the scene.

"Any way you look at this, it is an unfortunate incident," said David Perecman, a New York personal injury lawyer. The stabbing - which later proved to be unfounded - was reported in Borough Park, New York. Personal injury lawyers around Brooklyn have learned from reports that the chief was cleared of wrongdoing and. He had told police that he did not see the deliveryman before the crash.

"When accidents like this happen in New York, personal injury lawyers need to know many more details before they can make any judgment calls," said Perecman.

The New York Vehicle and Traffic law , section 1104 permits more leeway to an emergency vehicle and has to be shown to be driving recklessly, as opposed to simply negligently, in order to be found responsible.

About David Perecman and The Perecman Firm, PLLC:

For the past 25 years, the New York personal injury lawyers, construction accident, auto accident and medical malpractice lawyers at The Perecman Firm, PLLC have championed all types of cases for personal injury accidents. David Perecman, founder of the Firm, is the past Secretary of the New York State Trial Lawyers Association (NYSTLA) and a chair of its Labor Law Committee. Mr. Perecman's achievements have brought him recognition as an Honoree in the National Law Journal's Hall of Fame, in New York Magazine's "The Best Lawyers in America" and The New York Times Magazine "New York Super Lawyers, Metro Edition".

The Firm has recovered millions of dollars for its clients. Among the more recent victories, Mr. Perecman won a $15 million verdict* for a construction accident, a $5.35 million dollar verdict** for an automobile accident, and a $40 million dollar structured settlement for medical malpractice.

*later settled while on appeal for $7.940 million
** later settled for $3.5 million
"Lawyer Advertising"
"Prior results do not guarantee a similar outcome."


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New Orleans Lawyers file 150 toxic Chinese dry wall lawsuits!

Federal court records indicate hundreds of lawsuits claiming injuries and damages from toxic Chinese drywall will receive class action suit status in New Orleans.

Louisiana product liability lawyers-Class action suit in New Orleans federal court for defective drywall made in China causing health problems and home damages.

New Orleans, LA–Chinese drywall has become the target of mass litigation throughout the southern United States amongst product liability lawyers. Close to 150 lawsuits have already been filed with nearly a dozen in Mississippi. The drywall used in home construction has been blamed for numerous health problems by home owners and residents and is being coined the new asbestos as reported by the clarionledger.com. The defective product claims will be consolidated into a class action claim in a New Orleans federal court.

Drywall is the main material typically used for interior walls and ceilings in homes and is also called Sheetrock, wallboard, and gypsum board. Post Hurricane Katrina construction companies used numerous different suppliers of the much needed drywall, and China manufactured wallboard was a staple in many new homes and rebuilding projects. The Florida housing boom saw a rise of Chinese drywall in new homes, and homeowners complain of a rotten egg smell, corrosion to appliances and housing structure, and cite numerous health problems in the hundreds of individual product liability cases filed. Mississippi product injury lawyers claim, next to Florida and Louisiana, their state has the highest incidence of defective drywall. This claim is based on the tremendous amount of construction and repair after Hurricane Katrina.

Hurricane Katrina victims in Louisiana and Mississippi still continue to suffer even after the rebuilding and repair of their homes and structures because of the suspected defective drywall made in China according to hundreds of people. The Associated Press reported 400 plaintiffs and 20 defendants filled out “profile forms” for the defective Chinese drywall legal action. Earlier this summer, the federal court in New Orleans was selected as the venue for the class action claim. The New Orleans Saints football coach and his wife moved out of their Mandeville, Louisiana home while awaiting the demolition of the drywall, according to the lawsuit their product liability attorneys filed. The U.S. Environmental Protection Agency (EPA) http://www.epa.gov tested a small sampling of the Chinese manufactured drywall and discovered sulfur and other materials. The federal investigators with the EPA suggested additional testing of the Chinese wallboard. If you or someone you know is suffering from allergic reactions, sinus and throat irritations, respiratory issues and coughing, eye problems or any other health issues and believe their drywall could be contaminated, contacting a product injury attorney may help you recover from your injuries and receive compensation.


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Weitz & Luxenberg Lawyers Offer Free Shoulder Pain Pump Lawsuit Reviews

Chondrolysis is a severe and permanent type of shoulder arthritis in which the cartilage of the joint is abruptly lost after shoulder arthroscopy. Chondrolysis can make shoulder movements unbearably painful. The excruciating pain makes daily activities that require shoulder movements e.g. eating, extremely difficult.

Chondrolysis may be associated with the use of pain pump catheters placed in the joint after arthroscopy for post-operative administration of local anesthetic.

Research has indicated that a cause of postarthroscopic glenohumeral chondrolysis is shoulder pain pumps that malfunctioned after being inserted into shoulders following surgery. A study in the American Journal of Sports Medicine addressed recent reports of postarthroscopic glenohumeral chondrolysis (PAGCL).

The study focused on 177 arthroscopic shoulder surgeries and found there were 12 cases of postarthroscopic glenohumeral chondrolysis.

Researchers identified shoulder pain pumps as a common factor. "Use of intra-articular pain pump catheters eluting bupivacaine with epinephrine appear highly associated with postarthroscopic glenohumeral chondrolysis," the authors concluded.

Some of the products under investigation are manufactured or distributed by Stryker, I-Flow Corporation (distributor of the On-Q pain pump) and DJO Incorporated.

Weitz & Luxenberg can help you understand your legal options.

We are one of America’s largest trial law and products liability law firms with total verdicts and settlements in excess of $1 billion, and are committed to represent your interests aggressively and professionally.

If you were harmed by a defective shoulder pain pump, please visit www.weitzlux.com for a free review of your possible shoulder pain pump lawsuit. Weitz & Luxenberg also offers free online lawsuit reviews for other types of personal injury cases. A representative of our firm will be in touch shortly.

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TSR Injury Law Formed to Serve Minneapolis and All of Minnesota

Bloomington, Minnesota (PRWEB) July 9, 2009 -- Steve Terry, Chuck Slane and Rich Ruohonen are proud to announce the new personal injury firm of TSR Injury Law, which was formed in January 2009. The Minnesota Personal Injury Firm will continue to dedicate its efforts to representing victims suffering Minnesota personal injuries from car crashes, truck crashes, motorcycle crashes, product defect and premises liability cases across the State of Minnesota. All three partners are SuperLawyers as judged by their peers, according to Minnesota Law & Politics. Steve Terry has also been named a Rising Star, an honor given to only 2.5% of the lawyers in the state. Steve is the founding partner of TSR Injury Law and has worked in the personal injury field his entire legal career. He currently is elected to the Executive Committee of the Minnesota Association of Justice. In addition, he also volunteers on MAJ's education, publication, legislative and membership committees.
Partner Chuck Slane has the distinction of being named to the 2009 Who's Who - Minnesota Top 40 Plaintiff's Personal Injury Attorneys. Chuck is a Board Certified Civil Trial Advocate. He has been certified by the National Board of Trial Advocacy and the Minnesota State Bar Association. Chuck is licensed to practice law in Minnesota and Wisconsin. He also has practiced in other jurisdictions, including Nebraska and Texas by working with co-counsel in those jurisdictions.
Partner Rich Ruohonen is a member of several committees of the Minnesota Association for Justice and also sits on its Board of Governors. Rich authored and published an article on "Debunking the Top 10 Myths of Traumatic Brain Injury: Effective Cross Examination of the Defense Neuropsychologist." His article was first published by the Minnesota Association for Justice magazine; Rich has also reworked the article for the Indiana Trial Lawyers Association magazine.


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Medicare won't let clients repay government, lawyers say

WASHINGTON — Attorney Stephen Bough's client owes Medicare several thousand dollars and is anxious to pay, if only Bough knew how much. Medicare won't say, despite repeated pleas over the past year for an answer.
"I keep telling them there's money waiting," said Bough, who practices in Kansas City, Mo. "Not many people send letters for a couple of months and say, 'Let me send money,' and get ignored."
It took Kansas City attorney John Kurtz more than a year to find out how much his client, also a Medicare beneficiary, owed to the federal government's health care program for the elderly.
Usually it's Washington that's trying to squeeze money out of taxpayers. Here's a case of some people trying to pay the government what it's owed, only to learn that Washington doesn't seem to be that interested.
They're personal injury lawyers and they represent Medicare beneficiaries who've been in accidents. Medicare has paid their hospital costs, which must be reimbursed once the victim reaches a damage settlement with the party at fault.
Lawyers in Kansas City and elsewhere, however, said that Medicare can be extremely slow to tell them what its share of the settlement should be, taking several months and as much as a year or more.
That can prevent them from engaging in damage negotiations with the liable party's insurer, or from reaching an agreement and distributing the money if they already have.
Medicare spokesman Peter Ashkenaz said that the average wait for Medicare to tell attorneys how much their clients owe is 21 to 30 days, although it "can take as little as 10 days and as many as 60."
Kurtz first contacted Medicare in September 2007. It took until February 2009 for him to finally settle the case.
"Many consumers who are waiting on money that they deserve are either experiencing a ridiculous level of delay or not even getting money," said Gerie Voss, director of regulatory affairs for the American Association for Justice, formerly known as the Association of Trial Lawyers of America.
Bough has been sitting on a $60,000 settlement check for his client for more than six months. He thinks Medicare deserves about half of the money, but his letters go unanswered, including the last on April 6.
"Enclosed please find my letters of December 31, December 12, November 19, September 12. . . . We want to give the federal government money. Please let us know the amount of your lien. Please respond."
Kansas City lawyer Tim Dollar likened it to a black hole. "It's next to impossible to find a live person to talk to, so you write to them and you get no response."
Medicare officials acknowledged that some clients might not have received "good customer service."
"We hear complaints," said Gerald Walters, director of the financial service group for the Center for Medicare and Medicaid Services. "Whenever an attorney can give us specificity, we can try to get to the bottom of this."
He said that the system works faster if attorneys notify Medicare immediately about cases involving beneficiaries who receive payments from secondary insurers.
They're supposed to request a "conditional payment letter" from the program's payment recovery contractor. It shows how much Medicare has paid toward a client's injury costs, an indication of how much its share of a settlement will eventually be.

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