One of the most important steps to take after any type of personal injury accident is to seek prompt medical attention. Documenting your injuries after an accident is a key element required to prove damages in a personal injury case. Your doctor needs to evaluate your injuries, develop a treatment plan, and keep detailed medical records. The defense will require medical proof before agreeing to accept liability for a claim. However, do not be surprised if the defense also requests an independent medical exam before it makes a final determination of payment, even if it accepts liability for the accident.
Liability vs. Payment of Damages After an Accident
Accepting liability for the cause of an injury is only one half of a personal injury claim. Even though an insurance provider may acknowledge that its insured caused the accident that resulted in your injury, that does not necessarily mean that the insurance provider is willing to pay the amount of compensation you demand to settle the claim.
The insurance provider wants to minimize the amount of money it must pay to settle your claim. Therefore, it may carefully analyze each medical record and other evidence you submit to search for weaknesses and defenses that can lower the value of your personal injury claim. One way to accomplish this goal is to argue that your injuries are not as substantial as you claim. One way to refute the severity of your injuries is to request an independent medical exam.
What is an Independent Medical Exam?
An independent medical examination (IME) is commonly used in workers’ compensation cases, but IMEs may also be requested in other personal injury cases. An IME is conducted by a physician who is alleged to be neutral in the matter to ensure that the physician’s findings are not influenced by any loyalty to either party or the party who is paying the doctor’s fees. In other words, the IME should result in an unbiased medical opinion of the person’s injuries, treatment, medical condition, impairment rating, and prognosis.
The insurance company hopes to receive a report that refutes some of the medical evidence provided by your doctors. If the IME supports a different finding, the insurance company may use the finding to attempt to lower the value of the claim.
If an insurance provider requests an IME, you should contact a Sacramento personal injury attorney immediately. The process for requesting and obtaining an IME must be followed. Furthermore, if an IME is requested, there is a dispute related to your injuries. You need an experienced personal injury lawyer to evaluate your claim and advise you of the steps you should take to protect your legal rights.
Contact a Sacramento Personal Injury Lawyer for a Free Case Review
Our attorneys offer free consultations so that you can get answers to your questions about personal injury claims and personal injury laws in California. You do not need to rely on the information given to you by insurance adjusters or parties representing the person who caused your injury. You can obtain a no-obligation, case review from an experienced personal injury attorney in Sacramento.
Schedule your free case review by calling The Tiemann Law Firm at (916) 999-9000 or by visiting our website.
When you purchase a product, you never expect that product to cause an injury. Unfortunately, millions of people are injured by dangerous and defective products in the United States each year. Knowing what to do if a product injures you or your family members is important. The steps you take after a product injury can have a significant impact on your ability to hold the manufacturer or other parties liable for your damages and losses in a product liability claim.
What is a Product Liability Claim?
You may have a valid product liability claim if a product injures you because the product was defective. Before you can recover compensation for your damages, you must prove that the manufacturer or other liable party owed a duty to you; the party breached that duty; and, you sustained harm, such as a physical injury and financial damages. A Sacramento product liability attorney can help you gather evidence to prove each element of a product liability claim.
Who is Responsible When a Product Injures Someone?
The party or parties responsible for damages in a product liability case are determined by the type of defect that caused the injury. If the product’s design is faulty, the original designer may be liable for damages. However, if the manufacturer changed the product’s design or altered the way the product should be manufactured, the manufacturer may be liable. Distributors and sellers can be held liable for product liability claims in some cases.
A product liability attorney investigates the circumstances that lead to the injury to identify the responsible parties. It is important to identify all the responsible parties to maximize your chance of recovering full compensation for all damages and losses.
What Should I Do After a Product Injuries Me?
One of the first things you should do is seek medical attention. You need to prevent your injury from becoming worse, but you also need to document your injuries for a potential defective product claim. A key element in proving a product liability claim is proving that you sustained damages as a result of the defect in the product. Physical injuries are the most common type of damage, followed by financial and emotional damages.
If possible, try to preserve the product, packaging, and instructions for evidence. In some cases, it could be dangerous to preserve the product. If it is dangerous to keep the product, keep whatever you can and take pictures, if possible, of the parts that you must dispose of to prevent further injury. Also, if you suspect the product is dangerous, you may want to contact local authorities to discuss proper disposal. If so, keep detailed notes about all conversations with officials.
Contact a Sacramento Product Liability Attorney for Help
Product liability claims are complex. They often involve complicated questions about the design and the manufacturing process. A product liability attorney can locate expert witnesses to assist in proving the product was defective or dangerous and how that element caused your injury.
For a free consultation and case review, contact The Tiemann Law Firm by calling (916) 999-9000.
A California jury delivered another strong rebuke to the manufacturer of Roundup weed killer when it awarded a couple $2 billion for punitive damages sustained after using the weed killer for years. The jury also awarded the couple $55 million in compensatory damages. This lawsuit was the third jury verdict against the manufacturer of Roundup, Monsanto. Bayer AG recently purchased Monsanto. The other two jury verdicts also occurred in California. Currently, more than 13,000 lawsuits are pending in the United States alleging that Roundup weed killer causes cancer.
Large Jury Verdicts in Previous Roundup Lawsuits
The first Roundup case involved a groundskeeper who was exposed to Roundup at work. He testified that he had sprayed large quantities of Roundup on the school grounds as part of his job, which would transfer onto his body when it was windy. Also, a hose broke at one point, allowing the chemical to spray onto him.
A jury agreed with the allegations made by the plaintiff’s counsel that Roundup contributed to the development of the groundskeeper’s cancer. In August 2018, the jury awarded the groundskeeper $289 million after he developed non-Hodgkin’s lymphoma. A judge later reduced the award to $78 million.
The second Roundup lawsuit verdict against Bayer and Monsanto came in March 2019 when a San Francisco jury awarded a man $80 million in damages. The gentleman had used Roundup for over 26 years. The plaintiff’s counsel alleged that the long-term exposure to the chemicals in Roundup led to the development of non-Hodgkin’s lymphoma. As with the other verdicts, Bayer and Monsanto disagree with the verdict and assert that the weed killer is safe.
What is Roundup Weed Killer?
Roundup is a weed killer used by homeowners, businesses, and farmers to treat their lawns and crops. The popular weed killer is a glyphosate-based herbicide that has been available for sale in the U.S. since the early 1970s. It has become one of the most popular weed killers on the market in the U.S. Monsanto and Bayer AG have steadfastly stood by their assertions that the weed killer is safe to use.
However, in 2015, the World Health Organization’s International Agency for Research on Cancer issued findings that herbicides containing glyphosate are probable human carcinogens. Lawsuits allege that Roundup causes cancer and that Monsanto has known for many years that its product could cause cancer but failed to warn consumers and may have hidden that fact from consumers. In some lawsuits, the company is accused of inappropriately attempting to influence scientific studies and regulatory agencies.
Cancer Diagnosis and Roundup
Roundup has been associated with the development of non-Hodgkin’s lymphoma in humans. A recent study concluded that glyphosate, the chemical used in Roundup, was associated with an increased risk of non-Hodgkin’s lymphoma. This study supports the conclusions of other studies dating back many years. A 1998 Roundup cancer study linked exposure to glyphosate to an increased risk of hairy cell leukemia. A 1999 study found an increased risk of non-Hodgkin’s lymphoma after exposure to glyphosate.
In 2002, researchers used evidence from previous studies to examine the impact of exposure to glyphosate. When the researchers combined the results from the 1998 and 1999 studies, they found that exposure to Roundup could triple the risk of developing non-Hodgkin’s lymphoma.
Even though many studies support the finding of an increased risk of developing cancer after using Roundup, Monsanto and Bayer continue to stand by their product and deny these findings. As seen in the latest jury trial and the two previous jury trials involving Roundup, jurors disagree with the assertions of safety by Monsanto and Bayer.
Other Cancers Linked to Roundup’s Main Ingredient
In addition to non-Hodgkin Lymphoma, other types of cancer may be linked to exposure to glyphosate, the main ingredient in Roundup. Other cancers that could develop after exposure to Roundup include:
- Colon cancer
- Liver cancer
- Pancreatic cancer
- Bone cancer
- Kidney cancer
- Thyroid cancer
If you or a family member has developed any type of cancer after being exposed to Roundup, it is important that you discuss your diagnosis with an experienced Roundup lawsuit attorney. Your cancer diagnosis could be related to the exposure to glyphosate in Roundup. You could be entitled to substantial compensation if your exposure to the weed killer contributed to the development of cancer.
Contact a Roundup Lawsuit Attorney for a Free Case Review
If you have been diagnosed with cancer after using Roundup weed killer, contact The Tiemann Law Firm by calling (916) 999-9000 or by visiting our websitefor an appointment with a Roundup lawsuit attorney.
On average, 280 people are treated in emergency rooms each day for fireworks-related injuries in the month surrounding the Fourth of July holiday. Children sustain many of those injuries. According to the CPSC, more than fifty-three percent of the injuries related to fireworks are burn injuries. About one-third of firework-related injuries are to the hands and fingers, and about one-quarter of the injuries are to the head, face, and ears. Fireworks safety should be a priority for parents as we near the summer holiday season.
Fireworks Safety Tips to Prevent Accidental Injuries
To reduce the risk of firework-related injuries:
- Never allow children to play with fireworks, including firecrackers, sparklers, and bottle rockets.
- Younger children should not be allowed to ignite fireworks.
- Only use fireworks outside in an open area.
- Keep a bucket of water and a fire extinguisher nearby.
- Never hold fireworks in your hand or close to any part of your body when lighting the fireworks.
- When lighting fireworks, avoid placing any part of your body over the fireworks. Back away to a safe distance as soon as you light the firework.
- Wear safety goggles or other form of eye protection.
- Do not carry fireworks in your pocket. Friction can set off the fireworks.
- Make sure that fireworks point away from homes, buildings, vehicles, leaves, brush, and other flammable substances.
- Always light one firework at a time.
- If a firework does not go off, carefully place the firework in a bucket of water. Never try to relight a firework.
- Soak all used fireworks in water before disposing of the used fireworks.
- Never allow children to clean up firework debris. The debris may still be hot, and fireworks that did not fully ignite could explode.
- Only purchase fireworks from a reputable seller. The fireworks should be professionally packaged and labeled with instructions. Fireworks in brown wrapping or generic wrapping may be homemade and could be dangerous.
- Do not point fireworks at anyone – even as a joke.
- Always check with your local government agencies to determine if setting off fireworks is legal in your area.
What Should I Do If I Am Injured in a Fireworks Accident?
The first priority is your health. Seek immediate medical attention for your injuries. After you are stable, contact a California personal injury attorney to discuss a potential injury claim. If the party lighting the fireworks or organizing the fireworks display was negligent, that party might be held liable for your injuries and damages.
A manufacturer, distributor, or sell might be liable under California’s product liability laws if the firework was defective. If possible, retain the pieces of the firework and all packaging for your attorney to examine.
Contact a California Personal Injury Attorney About a Firework Injury
Fireworks are inherently dangerous. However, that does not excuse a party’s negligent or reckless actions. If a party is guilty of negligence or wrongdoing, that party may be liable for a firework-related injury.
For a free legal consultation with a California fireworks injury attorney, please contact The Tiemann Law Firm by calling (916) 999-9000 or by visiting our website.
You were injured in a personal injury accident, and you are ready to discuss filing an injury claim against the party or parties responsible for your injuries. We encourage you to contact our office to schedule a free consultation with a Sacramento personal injury attorney if you have not already done so. Below is a checklist that you can use as you prepare for your first meeting with our attorney.
However, we want to be very clear. We care more about you, your recovery, and your story. While it is very helpful to have the information and documentation below, it is not necessary. We want to talk to you about your accident and your current situation. Our focus is on helping you understand your legal rights and your options for obtaining compensation for your injuries and losses.
Therefore, if you have the information or documentation below, please bring it with you to the first appointment, but do not let a lack of anything on the checklist keep you from speaking to an attorney.
Checklist for Meeting with a Personal Injury Attorney
- Copy of police report and accident report
- Copies of insurance policies related to the accident (i.e. homeowner’s insurance, car insurance, disability insurance, medical pay, etc.)
- The name and contact information of each insurance adjuster or other party who you have talked to about the accident or your injuries
- Copies of any medical records and statements from physicians or medical providers
- Copies of any correspondence from attorneys or insurance providers
- Information obtained from the accident scene, such as photographs and names of eyewitnesses
- Medical bills and other evidence of expenses and costs related to the accident, your injuries, and your recovery
- Proof of income and the dates you have missed work because of the accident
- A list of all medical providers who treated you after the accident
It can also be very helpful to make notes about what you remember about the accident. Small details could be very important. Your notes do not need to be full sentences or paragraphs. The information is to help you relate to your personal injury attorney what happened before and after the accident.
You may also want to include a list of questions you want to ask the personal injury attorney. We want to learn about you during the appointment, but we also want you to leave with answers to the questions you have about accident claims.
Get Peace of Mind and Learn About Your Legal Rights by Calling a Sacramento Personal Injury Attorney
Being injured in an accident can turn your life upside down. If you are unsure about what you need to do to protect your rights, contact our office for a free case review. You do not need to handle an insurance claim alone.
For a free consultation with one of our Sacramento accident lawyers, call The Tiemann Law Firm at (916) 999-9000. We are here for you to listen to what happened to you and provide you with the legal advice, guidance, and support you need as you continue to recover from a tragic accident.