how-long-does-a-truck-accident-claim-take-to-settle

Truck accident cases are often complicated due to the severity of the injuries, damages, and other factors. Filing a claim, gathering evidence, and seeking compensation can take you around six months to a full year. Hiring a legal professional ensures you take the appropriate measures and are on the right track.

Here is an overview of how long a truck accident claim may take to settle.

Understanding the Truck Accident Settlement Process

The first step in understanding the truck accident settlement process is to know who to contact. If you were involved in a truck accident, you would need a personal injury lawyer specializing in truck accidents. They will be with you throughout the process and help you understand your options.

The next step is to gather evidence. It may include photos of the accident scene, the police report, witness statements, and your medical records. Your lawyer will use this evidence to build a strong case and negotiate with the trucking company or their insurance provider.

The settlement negotiation aims to reach a fair settlement covering all your damages. It may include medical expenses, lost wages, and pain and suffering. Your case may go to trial if you and the other party cannot agree.

No matter what path your case takes, a personal injury lawyer will be there to fight for you and help you get the compensation you deserve. Truck accidents can be complex, but with the right lawyer on your side, you can find justice.

The Role of the Statute of Limitations in Truck Accident Cases

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Upon being involved in a truck accident, you may wonder about the statute of limitations or the amount of time you have to file a lawsuit after an accident. In most states, the statute of limitations for truck accidents is 2 years from the date of the accident. If you don’t file a lawsuit within 2 years of the accident, you will lose permission to do so.

However, there are some exceptions to this rule. If the trucking company was at fault for the accident, you might have more time to file a claim. For example, if the trucking company was aware of a dangerous condition on the road but did not take steps to fix it, you may have more time to file a lawsuit. Additionally, if the trucking company destroyed evidence you could use to prove your case, you may also have more time to file a lawsuit.

If you’re unsure about the statute of limitations in your state, it’s essential to speak with an experienced truck accident attorney. An attorney can help you understand the statute of limitations and ensure you file your case promptly. Contact Ryan LLP injury attorneys today for a free consultation. We’re here to help you get the compensation you deserve.

Factors That Delay Truck Crash Settlements

You may wonder how long it will take to settle your truck accident case. Unfortunately, there is no one-size-fits-all answer to this question. Every case is different, and settlement can vary depending on several factors. Here are some of the most common factors that can delay a truck accident settlement:

Serious Injuries and Damages

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If you or a loved one got seriously injured in a truck accident, your settlement would likely take longer than if the damages were less severe. It is because more time is needed to assess the extent of the injuries and damages fully. In addition, severe injuries often require extensive medical treatment, which can further lengthen the settlement process.

Accident Deaths

The settlement process can be much more complicated and lengthy if a truck accident results in death. It is due to the need to assess economic damages (e.g., funeral expenses) and non-economic damages (e.g., pain and suffering). In addition, wrongful death claims often involve multiple parties, further complicating matters.

Lengthy Investigations for Complicated Cases

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Some truck accident cases are more complicated than others and may require a lengthy investigation. For example, if there is the question of whether the truck driver was at fault or if there is evidence of defective truck parts, this can lengthen the process.

Several Liable Parties

Several parties may be liable for the truck accident, which can delay settlement. It is because each party will want to assess their level of liability and may be reluctant to agree to a settlement.

Unreasonable Insurance Company

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Unfortunately, some insurance companies are unreasonable and make settling a truck accident claim difficult. It can lengthen the process as you may have to go back and forth with the insurance company to reach a fair settlement.

How Long the Settlement Negotiation Process Is on Average

The average truck accident claim can take 9 months to 2 years to settle. The negotiation process can be lengthy, and several factors will affect how long it takes to settle. These include the severity of the injuries, the number of damages involved, the insurance company’s willingness to negotiate, and the trucking company’s response to the claim. An experienced personal injury attorney can help you navigate the negotiation process and fight for the compensation you deserve.

Hiring a Truck Accident Lawyer Can Help Speed up the Process

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If you’ve gotten involved in a truck accident, you know how confusing and frustrating the claims process can be. Dealing with insurance companies, trucking companies, and their lawyers is enough to make anyone want to pull their hair out.

But did you know that hiring a truck accident lawyer can help speed up the process? Here’s how:

  1. A truck accident lawyer knows the ins and outs of the claim process. They can help you gather the necessary paperwork and evidence to support your claim. They can negotiate with insurance companies to get you the best possible settlement.
  2. A truck accident lawyer has experience dealing with trucking companies. It means they know how to deal with the red tape and bureaucracy that often come with these cases. They can cut through the nonsense and quickly get to your case’s heart.
  3. A truck accident lawyer will fight for you. Insurance companies are in the business of making money, not paying out claims. They will often lowball truck accident victims to save themselves money. A truck accident lawyer will fight for you to get the full and fair compensation you deserve.

Protecting Your Case Value and Compensation

Protecting your case value and compensation is vital if you have gotten involved in a truck accident. Truck accidents often result in catastrophic injuries, which can impact the victim and their families. It is vital to contact an experienced personal injury attorney as soon as possible. Here are several ways of protecting your case value and compensation:

Never Accept the Initial Offer

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After a truck accident, the trucking company’s insurance adjuster will likely contact you and try to settle your claim quickly. They may even offer you a settlement that seems fair at first glance. However, it is essential to remember that the insurance adjuster’s goal is to settle your claim for as little money as possible. So, never accept the initial offer.

Let Your Lawyer Handle the Negotiation

Once you have your attorney, they will handle all communication with the trucking company’s insurance adjuster. Your lawyer will fight for your claim’s total value and ensure you get the compensation you deserve.

Preserve Valuable Evidence

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After a truck accident, preserving any evidence that may be helpful in your case is essential. It includes photos of the accident scene, medical records, and witnesses’ contact information. An experienced attorney will know how to collect and preserve this evidence so that you can use them to support your claim.

Document Everything

Keep a record of everything related to your truck accident, including medical appointments, conversations with the insurance adjuster, and any other expenses you incur. This documentation will be vital if you need to file a lawsuit to get your well-deserved compensation.

Take a Step in Protecting Your Rights and Speak With Truck Accident Lawyers

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After a truck accident, it is vital to take some time to ensure that you are handling your case in the best way possible. It includes understanding the claims process and finding the right lawyer to represent you. Truck accident claims can be complex, and it is vital to have an experienced attorney to assist you in navigating the process and protecting your rights.

At Ryan LLP, we specialize in truck accident claims. Our personal injury attorneys have over 50 years of combined legal experience. We understand the unique challenges of these cases, and we dedicate ourselves to helping our clients get the compensation they deserve.

We offer free consultations to discuss potential claims and are available in person, by phone, by text, etc. Our goal is to assist every client in understanding their options and, if necessary, represent them through litigation. Contact us today to learn more about how we can help you.

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Truck accidents happen almost every day, and it is vital to know what steps to take to ensure you get compensated for your injuries. If you find yourself asking “what happens if a truck driver gets in an accident?” this blog post offers the answer to you.

The first step is to seek medical attention. It is essential not only for your health but also for documentation purposes. Be sure to keep all your medical records and bills as they will be crucial evidence in your case.

Once you have seen a doctor, contact an experienced personal injury lawyer. A lawyer can help you understand your rights and options and will fight for the compensation you deserve.

You may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages. Don’t try to navigate the legal system yourself; let a professional help you get the justice you deserve.

The Truck Accident Claim Process

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If you are a truck driver who has been in an accident, you may be wondering what the process is for filing a claim and getting compensated for your injuries. Here is a look at what you can expect:

Report the Accident

The first step is to report the accident to your trucking company. If you are driving a commercial truck, you must have a commercial driver’s license (CDL). Your trucking company, or trucking companies in general, will likely have an insurance policy covering accidents involving their trucks. A prompt report about the accident is vital because the trucking company will need to file an insurance claim and begin investigating the accident.

Gather Crucial Evidence

The next step is to gather evidence that will support your claim. It may include the police report, eyewitness accounts, photos of the accident, your truck’s black box data recorder, and your medical records. Having as much evidence as possible is essential to back up your claim. In addition, these pieces of evidence will be crucial in proving your case and getting the compensation you deserve.

Find a Truck Accident Attorney

Once you have gathered all the evidence, it is time to find a truck accident attorney who can help you file your claim and get the compensation you deserve. Your attorney will know how to build a strong case and deal with the trucking company’s insurance adjusters and lawyers.

Inform Your Insurance Company

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You will also need to inform your own insurance company about the accident. If you have collision coverage, your insurer may help pay for repairs to your vehicle. If you do not have collision coverage, you may still be able to get compensation from the trucking company’s insurance policy.

File a Personal Injury Claim

Once you have gathered all the evidence and spoken to an attorney, you are now ready to file a personal injury claim. This claim will detail the injuries you sustained in the accident and request compensation for your medical bills, lost wages, and pain and suffering.

The trucking company’s insurance adjuster will review your claim and may offer you a settlement. If you accept the settlement, you will be waiving your right to file a lawsuit. Your case will likely go to trial if you do not accept the payment.

The claims process within the trucking industry can be complex, but an experienced truck accident attorney can help you navigate it and get the compensation you deserve.

Determining Liable Parties in a Fatal Truck Accident

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Anyone following the news might know that there has been a spate of fatal truck accidents in recent years. These accidents have occurred for various reasons, including driver fatigue, equipment failure, and bad weather.

Regardless of the cause, it is essential to determine who is liable for the damages after an accident. It can be complicated in truck accidents, as there may be multiple parties who could be held responsible.

If you have been involved in a truck accident, contacting an experienced truck accident lawyer is vital to help you investigate the accident and determine who is liable.

Many factors must be considered when determining liability in a commercial truck accident. Some of these include:

These are just a few questions that need to be answered to determine who is liable in a truck accident. Consulting with truck accident lawyers can help you investigate the accident and gather the evidence you need to build a strong case.

When Is the Truck Driver or Contractor Accountable for the Accident?

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If you were involved in an accident with a commercial truck, the truck driver’s employer might be liable. This is especially true if the accident was caused by the truck driver’s traffic violation or negligence. For example, if the truck driver was speeding or driving recklessly, the truck driver’s employer may be held responsible for any damages that resulted from the accident.

In some cases, the truck driver may be an independent contractor, meaning the truck driver is not an employee of the trucking company. If the accident was due to the truck driver’s negligence, the company that owns the truck might still be held liable for any damages that resulted from the accident.

Overspeeding

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Suppose a truck driver was speeding at the time of the accident. He might be held liable for any damages resulting from the accident. Speeding is a significant factor in many accidents involving trucks. In fact, according to the National Highway Traffic Safety Administration (NHTSA), more than 22% of all large-truck drivers involved in fatal crashes had at least one prior speeding conviction in 2016.

Drunk or Drugged Driving

If the truck driver gets into an accident due to alcohol or drugs, the truck driver may be held liable for any damages that resulted from the accident. A BAC level of .04 percent or higher qualifies as drunk driving in commercial vehicle drivers. If the truck driver’s BAC level is .08 percent or higher, the truck driver may get charged with a DUI. The truck driver can then be held liable if they fail drug and alcohol testing right after the accident.

Illegal Lane Change and Turns

If the truck driver gets into an accident because they made an illegal lane change or turn, the truck driver or their employer may be held liable for any damages that resulted from the accident. It is especially true if the truck driver was not appropriately trained to make lane changes or turns.

When Is the Trucking or the Driver’s Company Responsible for the Accident?

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The court will first determine whether the trucking company or the driver was at fault for the accident. If the plaintiff can prove that the company was negligent in hiring the driver, or if they did not properly train the driver, they may be held liable. Additionally, if the company did not ensure that the driver was following hours of service regulations, or if they knowingly let the driver operate the vehicle while fatigued, they may also be held responsible. Other ways of establishing the trucking company’s responsibility in an accident are discussed below.

Unreasonable Working Hours

The Federal Motor Carrier Safety Administration (FMCSA) has hours of service regulations established to prevent truck drivers from driving for too long without a break. These regulations state that a driver can only drive for 11 hours within 14 hours and must take a 10-hour break. The trucking company may be held liable if a driver violates these rules and gets into an accident.

Lack of Hiring Standards

All trucking companies must follow particular hiring standards when bringing on new drivers. These standards include drug and alcohol testing as well as a background check. If a company does not follow these standards and hires a driver who then gets into an accident, the company may be held liable.

Poor Truck Maintenance

Trucking companies are responsible for ensuring that their vehicles are properly maintained. This includes regularly inspecting and repairing the truck’s brakes, tires, and other essential parts. If a company does not properly maintain its trucks and an accident occurs; as a result, it may be held liable.

Evaluating Recoverable Damages in a Truck Accident

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In some personal injury cases, appointing the damage liability is a relatively straightforward process. For example, if you are in a car accident and suffer a broken bone, it is not difficult to estimate the cost of your medical treatment and lost wages. However, the potential damages can be much more significant when a truck driver gets in an accident.

Economic or Special Damages

These are damages with specific monetary value, such as medical bills, lost wages, and property damage.

Non-economic or General Damages

These are damages that do not have a specific monetary value, such as pain and suffering, emotional distress, and loss of enjoyment of life.

Protect Your Right and Speak With A Team of Truck Accident Lawyers

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If you or someone you love has been involved in a truck accident, you must contact an attorney as soon as possible. The truck driver will likely have an insurance company representing them and their interests. You need someone on your side who is looking out for your best interests.

Truck driving accidents can be severe, resulting in catastrophic injuries or even death. If you or a loved one have been involved in a trucking accident, don’t wait to call for expert legal assistance.

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When a truck accident happens, the results can be catastrophic. Unlike car accidents, the laws protecting drivers and passengers in truck crashes aren’t always clear and straightforward.

Truck accidents involve a third party in most cases, and the liable party could be the driver’s employer, the trucking company, or another automobile driver. Understanding the state’s legal statutes about accident liability is crucial in appointing the appropriate parties in a truck accident.

Our firm at Ryan LLP is skilled at handling and resolving cases related to truck accidents. Our roster of knowledgeable lawyers can advise you on your legal rights in cases of truck accidents. We can help you from the initial consultation to the filing of a personal injury lawsuit. Contact us to start your free consultation with our legal team.

Determining Liability in Truck Accident Cases Is Challenging

Truck accident cases can be particularly challenging for many reasons. The sheer size of the vehicle and the improperly loaded cargo make it difficult for drivers to see other cars on the road. Furthermore, the impact can be devastating when a truck hits another vehicle or motorcycle – or worse, a pedestrian or bicyclist.

In most states, the responsibility of proving “fault” in an accident lies on the victim. The victim must manifest feasible proof to hold the appropriate party accountable for the accident and recover damages. Here are some of the parties a victim can hold responsible for his injuries and other damages.

The Driver or Truck Operator

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After an accident, the driver of a commercial truck owns the primary liability of care. Even though mistakes happen, drivers of big trucks have more responsibility for safe driving. There are several grounds for holding truck drivers accountable, such as in cases of:

Your experienced truck accident lawyer will also have to look into how the trucker’s actions may have been influenced (or forced) by the company employing them.

The Trucking Company or the Driver’s Employer

When trucking companies employ a driver, they assume responsibility for the driver’s activities. Conducting a background check, providing driving assessments, and implementing random drug tests are expected from these employers when they source for a commercial truck driver.

If the trucking company doesn’t do these safety measures and the driver causes a commercial truck accident, the company is also partly to blame. This is an example of respondeat superior, which says that “a party is responsible for the actions of its agents.” In this case, the company is in charge of what its truck drivers do.

The Truck or Truck Parts Manufacturer

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Some truck accidents happen when the truck or one of its parts is defective. Some scenarios of faulty truck parts leading to accidents are as follows: 

These situations could be attributed to a lack of truck maintenance. However, if the defective truck part was faulty from the beginning, the victim could impose a product liability lawsuit against the truck manufacturer.

The Truck Owner

Not all commercially available trucks are under a company; in some cases, companies rent these vehicles from an individual. In instances where an accident transpires because of the truck owner’s lack of maintenance care, they can be held liable for the accident.

The truck’s owner is in charge of servicing the truck, ensuring all of its parts work well, and doing general maintenance. Depending on the nature of the accident, proving the fault of an individual truck owner is often challenging as they are sometimes considered a third party.

A Third-party Involvement

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Several vendors may outsource the hiring, administrative, and operative processes based on the extent of a carrier’s operations. These external parties may be held liable for a truck accident if their carelessness led to truck accident. Some of the outsourced operations might include:

However, these parties might set up a legally-binding document exempting them from accident liabilities. It’s vital to investigate these cases in depth to identify the appropriate party and take proper legal actions.

How Can You Identify Which Party Is Liable?

Multiple parties may be responsible for a truck accident, and the responsible party will vary depending on the circumstances of your accident. If you were injured in a truck accident, it is crucial to determine which parties must answer to the injuries you suffered from the accident.

Only experienced truck accident attorneys know where to seek evidence to prove fault efficiently. More than one person is often accountable for an accident, and many corporations destroy or block access to evidence to avoid responsibility, complicating matters.

A skilled attorney can help you use the statutes of the law to recover feasible evidence solidifying your accident claim. Moreover, they can also help you conduct a meticulous investigation of your case, ensuring that no stones are left unturned.

What Evidence Can You Use To Prove a Truck Accident Claim?

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The most crucial part of any truck accident claim is evidence. But what evidence can you use to prove a truck accident claim? A truck accident lawyercan give you the answers you need.

There are many types of evidence that you can present in the case of a trucking accident, including:

Photographic Evidence

A vital part of proving fault is locating witnesses and securing photographic evidence. When taking photos of the accident, ensure you take a sufficient amount. Some victims face a problem proving truck accident claims because they lack viable proof.

This lack of feasible evidence weakens their claim, and the opposing party may issue a counterclaim for false accusations or misleading claims.

Rear or Front Cam Footage

A rear or front cam footage is another compelling example of feasible evidence a victim can use against the defendant. If you have a dashboard cam set up in your car, you can use this to strengthen your claim. Additionally, your lawyer can help you recover footage from the other party’s dashboard footage.

GPS Tracking

Most trucking companies install their semi-trucks with GPS devices to track where the goods are during deliveries. GPS or Global Positioning System provides an accurate representation of the truck’s landmark and confirms their participation in the accident. Obtaining this information is crucial when the truck company or the truck driver is denying involvement in the accident.

Truck Dispatch Records

In trucking accidents, the victim may use the dispatch records to show details about the delivery. The documents could reveal the driver’s delivery activity, where they traveled, and other relevant transit information. This evidence is also helpful in identifying if the trucking company is overworking its drivers.

Black Box Footage

EDRs or event data recorders, also known as black boxes, contain critical information about the truck and the accident. Truck black boxes work similarly to planes; these small devices record everything before the accident occurs. Recovering black box footage could help you establish the truck driver’s liability in the accident.

The Comparative Negligence Law May Affect Your Compensation

Different states implement different comparative negligence laws. For the context of this blog, we’ll use Ohio as our example.

In Ohio, the state follows a modified comparative negligence system when resolving shared fault in a personal injury case. According to this law, victims who share more than 51% of the accident liability may not recover compensation.

Suppose the victim is found less than 50% at fault for the accident. In that case, the court will deduct the amount of shared responsibility to their recoverable damages.

For example, the victim recovers $100,000 in total damages from the accident. However, after a thorough investigation, the court found them 10% at fault for the accident. In that case, the victim’s party will only receive $90,000 as damage compensation.

A Truck Accident Attorney Can Protect Your Rights

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An experienced truck accident attorney in your area can help you identify the liable parties appropriately and negotiate a fair settlement value for your truck accident case.

A truck accident attorney understands the ins and outs of trucking laws and how insurance companies operate. They know how best to gather evidence from trucks involved in crashes and can use this information to prove that a truck was not being adequately cared for or operated safely before the crash.

An attorney also knows how to speak with other drivers who witnessed the crash or who have been involved in it themselves, helping to get a comprehensive view of what happened that day.

In addition to helping you obtain a settlement after an accident, an excellent truck accident attorney can protect you if the opposing driver tries to file a counterclaim against you.

Contact A Team of Truck Accident Lawyers

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The trucking industry is notorious for causing life-threatening injuries. Because of the intricate nature of these cases, you must begin your claims process by contacting an attorney familiar with the unique aspects of truck accidents.

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Truck accident cases differ from other motor vehicle accidents because of their size and weight. Aside from this, truck drivers have difficulty seeing the vehicles close to them, making it harder to stop when the need arises. Fatigue, poor loading practices, and overload trucks are the most common causes of truck accidents.

Dealing with the aftermath of a catastrophic truck accident entails difficulty. Often, victims are severely wounded, preventing them from living their everyday lives. Moreover, recovering from a debilitating injury demands a hefty sum of money.

The challenges and roadblocks you’d face after a truck accident would emerge, one after another, until getting back on your feet becomes a heavy toll. Luckily, suffering from these repercussions is not your only option.

Ohio’s personal injury law holds the negligent party accountable for any damages and injuries a victim suffers, allowing the victim to acquire financial support from the responsible party. Knowing what you can sue for in a truck accident would help you understand what it takes to build a substantial truck accident claim.

What Are the Damages You Can Recover in Truck Accidents

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Being in a truck accident is tragic, and you might suffer from severe and incapacitating injuries. Furthermore, investigating and building truck accident claims involve an intricate process.

Knowing the different types of compensation you are entitled to recover post-accident is crucial.

Economic or Special Damages

Economic damages refer to objectifiable variables such as lost wages, medical expenses, future medical bills, loss of employment and business opportunities, rehabilitation services, property damage, and even funeral and burial expenses.

Economic damages are generally available to almost all truck accident victims. Furthermore, proving economic damages is straightforward, unlike non-economic damages. Often, the court may only require the victim’s party to provide medical documentation, receipts, bills, and other financial documentation to support your claims.

Non-economic or General Damages

Non-economic damages are described as impalpable losses that are more difficult to estimate. An experienced truck accident lawyer can help assess these damages, such as:

Unlike economic damage, proving the existence of this damage would require intensive investigation and evidence retrieval. The court would have to consider different factors, such as the nature of your injuries, the effects of your injuries on your life, and even how long you would suffer from these injuries.

Furthermore, some state laws limit the value of general damages an accident victim can recover. Because of this, it is best to seek the help of a truck accident lawyer to understand the state’s law and how it would affect your case.

Punitive Damages

Punitive damages are available in cases where the defendant’s actions are grievous and outrageous. These damages are unique because they are unavailable in all truck accident cases.

To successfully recover punitive damages, your party must prove that the at-fault driver acted with malice or gross negligence. Additionally, your attorney must provide evidence of the at-fault party’s capacity to support the punitive damages you claim.

Comparative Negligence Laws May Come Into Play

Comparative negligence refers to the shared liability between the defendant and the plaintiff. Different states may apply different modifications of the comparative negligence law.

The law of comparative negligence states that the compensation a victim recovers will be reduced according to his shared fault.

For example, a construction worker was hit by a truck and had to undergo bilateral leg amputation. The court oversees the case and determines $100,000 as fair compensation to cover the victim’s damages. However, evidence emerges that the construction worker mindlessly crossed an unmarked road. This makes the defendant 50% liable for the accident, meaning the court will reduce their compensation by 50%.

The Different Liable Parties in a Truck Accident Claim

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The degree of responsibility and awareness of a truck driver, owner, and the manufacturer is significant since the safety of motorists is at stake. Without this level of care, these parties may be held responsible for injuries sustained in a truck accident.

The general public is also advised to exercise extra caution when driving near trucks to avert dire consequences. The determination of liability is obscure and requires the examination of several factors.

The Truck Owner or Lessor

When a truck accident happens, the truck driver is the first thing many would point their fingers at. A truck driver may cause an accident for many reasons, such as:

However, a truck driver is not always the only liable party in an accident. The truck owner or lessor may also be held partially or wholly responsible for the accident. A few examples of how the truck owner or lessor could be held liable are as follows:

Although many fingers would point toward the truck driver, it’s only fair to investigate all possible liable parties to ensure the appropriate delegation of responsibility.

The Trucking Business Operator

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The trucking business operator can also be held liable for an accident caused by one of its drivers. A truck operating company is generally liable for the negligent actions of its employees while in transit. This principle is known as respondeat superior, and it applies to many businesses, including the trucking industry.

Respondeat superior aims to hold an employer liable for its employee’s negligent or wrongful actions while on the job. The rationale behind this doctrine is that employers have an inherent duty to ensure their employees are fit to do their jobs.

A trucking business operator can be held liable for an accident in the following ways:

The Truck Manufacturer

When the cause of the accident is a defective part of the vehicle, the truck driver can file a claim seeking damages against the truck manufacturer. Unfortunately, proving the manufacturer’s fault may pose a significant challenge.

To succeed in this type of claim, the plaintiff must show that the truck had a defective part and that it was the cause of the accident. Additionally, the plaintiff must demonstrate that the manufacturer knew or should have known about the defect.

Unfortunately, many manufacturing companies publish legally binding documents releasing them from any liabilities their product causes. Furthermore, they often possess feasible documentation to prove the safety of their manufactured parts.

A Third-party Driver or Contractor

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Cases of passenger vehicles or other automobiles colliding with trucks exist. In this case, the accident fault can be shared by the truck driver and another third-party driver or contractor.

For instance, if the driver of a passenger vehicle cuts in front of a truck and causes an accident, both parties would be at fault. The same can be said for construction workers or landscapers who fail to properly secure their load, resulting in items flying off their trucks and hitting other vehicles.

Although a three-way crash doesn’t always happen every day, such cases are complicated and would require the experienced assessment of an experienced injury lawyer.

Seeking legal assistance from an experienced truck accident attorney can help you recover evidence from uncovering the liable parties.

A Governmental Unit Repairing or Maintaining Roads

Sometimes, the government can also be liable for truck crashes or collisions. Several semi-trucks fall into a ditch or hit another vehicle causing more damage by avoiding the barriers on the roads due to unfinished works by the government unit.

The government can also be at fault when it fails to maintain the roads reasonably safe. Poor road conditions such as potholes, missing guardrails, and unsecured construction zones can all lead to severe accidents.

In these cases, the governmental unit will only be held liable if it knew or should have known about the dangerous condition and failed to take reasonable steps to repair it.

Additionally, in some states, when the responsible party for the accident is the government, you must file your claim in the state’s Court of Claims.

What Are the Injuries You Can Sustain in a Truck Accident?

Truck accident collisions can happen anytime and can happen to anybody without warning. Here are the most common injuries that you can sustain in a truck accident:

Application in Wrongful Death Actions

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Surviving family members of the deceased victim may file a wrongful death lawsuit against the opposing party for grave negligence resulting in death. Suppose the court acknowledges the victim’s party and attributes the plaintiff’s death to the driver’s negligence. In that cases, the at-fault driver may be awarded punitive damages for grievous negligence.

Additionally, the family members and those financially dependent on the deceased victim may initiate a wrongful death claim based on the loss of earnings, companionship, and similar damages resulting from the loved one’s death.

Unfortunately, insurance companies and their lawyers know that this is not a time when the survivors want to fight about compensation. They take advantage of your emotional vulnerability, delaying and confusing the settlement process in hopes that you will take a lowball settlement.

How Long Do You Have to File a Truck Accident Claim

The statute of limitation for each state varies. For example, in Ohio, the victim can file a personal injury claim up to two years from the date of the accident. This gives you and your lawyer enough time to prepare a truck accident lawsuit if the other party refuses to acknowledge the gravity of the damages you incurred.

The settlement process can last up to six months for truck accident cases. It is also important to note here the factors that might affect the period of your claim. These are the following:

With the given condition above, you must act promptly when dealing with a truck accident case. Most importantly, hire the top lawyers in your state to handle your case.

Hiring a Truck Accident Attorney Can Help

hiring-a-truck-accident-attorney-can-help

Being involved in an accident is not easy. You will be facing financial liabilities for your medical treatment, lost earnings, and even face with permanent disabilities.

Aside from these economic damages, you may have also suffered non-economic damages such as pain and suffering, loss of consortium, and loss of enjoyment. Indeed, everything can be devastating.

The other party’s insurance company may also manipulate you into thinking you deserve less compensation than what you have lost. Mind games are not new to these agencies; they may use everything in their sleeves to win the case.

Having a piece of legal advice from an experienced truck accident attorney, you are given the assurance that you can seek the maximum amount of compensation for damage from the negligent parties involved.

Act Fast Before It’s Too Late

act-fast-before-its-too-late

Despite our extensive efforts to avoid accidents, we cannot tell when we’ll encounter one ourselves. Equipping yourself with this knowledge about truck accident claims will help you prepare a case when you fall victim to this catastrophic accident.

Hiring a personal injury lawyer can help advocate your rights and help you achieve the best possible outcome for your case. The lawyer can help you get full and fair compensation for your injuries, losses, and suffering.

Don’t wait until it’s too late. If you or a loved one has been involved in a truck accident, call a truck accident attorney today for a free consultation.

bad-reactions-to-botox

People choose to undergo cosmetic treatment as a way of coping with their age. These treatments are done to somehow ease the process of aging and feel good about oneself. There are no ethical problems and moral issues when it comes to slowing down aging. However, these treatments should hold medical professionals accountable for bad reactions or, worse, severe medical conditions.

A botox treatment is one of the treatments chosen by most people to remove facial wrinkles. There are, however, adverse reactions reported in some of these treatments that cause muscle weakness and other allergic reactions. If not done right, or if there are pieces of information that plastic surgeons failed to ask from patients, botox injections can lead to serious injuries. Thus, in these situations, patients are entitled to compensation.

What Is Botox?

what-is-botox

Botox, otherwise known as Botulinum toxin, is a drug used to remedy facial wrinkles. Nowadays, people consider this a cosmetic treatment that aids people in looking younger and having fairer skin. Smoother and younger-looking skin is what patients aim for when undergoing a botox treatment.

Botox is also used to treat limb spasticity that causes stiffness and tightness of the muscles in the lower extremities. This treatment is done through botox injections that the Food and Drug Administration approves.

Four Types of Botulinum Toxin Injections

There are four types of Botulinum Toxin Injections that cosmetic patients can choose from. These four types may have similar symptoms and serious side effects, but they are distinct treatments with different dosages, contents, and purposes. We have also included their purpose, advantages, and disadvantages:

Botox

A botox injection is used for facial wrinkles and underarm sweating, and other dermatological conditions. Botox injections can be done quickly, so you won’t have to schedule it for an entire day. However, side effects may occur on the injected area, such as migraine headaches, difficulty breathing, having a dry eye, flu-like symptoms, and muscle weakness.

Dysport

Dysport is also a type of treatment for wrinkles, primarily on those in between the eyebrows, and is also used for muscle spasms. Like the usual botox treatment, a Dysport is also convenient as it takes only minutes to finish. Adverse effects such as pain at the injection site, difficulty breathing, and allergic reactions like rashes can occur.

Xeomin

Xeomin is a treatment to relax the muscles between the eyebrows, known as the frown lines. Unlike botox, Xeomin does not contain protein and other additives. It is used to treat cervical dystonia and eye twitching, and it also helps people with cerebral palsy relax their muscles. Pain in the injected area, swelling, and bleeding are some of the possible side effects of this treatment.

Myobloc

Myobloc is also used to treat cervical dystonia or muscle spasms in the neck area, salivary gland disorders, and an overactive bladder. Myobloc can be given to children with cerebral palsy and is easy to be given. However, subsequent injections should be scheduled to ensure their efficacy. Possible side effects include headache, difficulty swallowing, and weakness in other muscles.

How Can a Botox Procedure Go Wrong?

botox-procedure-go-wrong

A botox injection can go wrong for many reasons. Injury and damages result from misinformation and lack of due diligence on the healthcare professionals administering the cosmetic treatment. Patients must consider serious side effects, and this information should always be apprised upon patients during prior consultations and evaluations.

Knowing the information disclosed by patients and still proceeding with the treatment despite the known risks result in serious injuries. Expired products and drugs inoculated that the Food and Drug Administration does not approve can yield adverse reactions. Life-threatening consequences are considered to be rare but still can occur in botox injections.

Botox Injections Can Sometimes Result in Adverse Side Effects

Patients may have different reactions to botox injections. The injection site can be painful for some, and others would enjoy a more smooth sailing process. Despite this, there are many adverse side effects to consider when undergoing a botox treatment. Listed below are some of the serious side effects of a botox injection that patients ought to know:

It is important to seek medical advice from doctors before deciding to undergo botox treatments.

Steps You Should Take When You’re Involved in a Botched Botox Procedure

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A botched botox procedure can be considered medical malpractice since it is done through the negligence of a health professional. In these cases, patients need to know their course of action to recover damages for their botox injuries. Doctors must exercise diligence in their professional dealings, and the oath they took involves due care towards their patients and ensuring their safety at all times. The breach of this duty gives their patients the right to recover compensation for what they’ve lost.

Here are the steps that you should take when involved in a botched botox procedure:

Damages You Can Recover From Your Botox Injuries Caused By Medical Malpractice Or Negligence

Adverse reactions on a botox injection are no longer uncommon. However, health professionals must ensure that their clients are fully informed of the risks and that every treatment process should be done with the highest degree of care and skill.

Economic damages such as payment for medical expenses lost wages, and loss of future income can be awarded.

Non-economic damages can also be recovered for pain and suffering, loss of the ability to enjoy life’s pleasures, and other related losses.

Emotional Damages in a Medical Malpractice Claim

There should be more emphasis on the emotional damages brought by a botched botox procedure. Botox injections are meant to smooth out wrinkles and fine lines, not to cause pain and suffering, and this is a traumatic event that can result in depression and anxiety.

In a medical malpractice lawsuit, non-economic damages can’t exceed $250,000 under Ohio Revised Code section 2323.43. The overall maximum is $350,000 per plaintiff (or $500,000 in any case with more than one plaintiff).

Representing Clients With Injuries From Botox Procedures

representing-clients-with-injuries-from-botox-procedure

Botox injections have become a trend for persons who want to have a better appearance or treatment for muscle conditions. When this treatment fails, taking legal action after bad reactions to botox is the next step.

At Ryan LLP, we provide effective legal representation for persons who suffered injuries because of medical malpractice. Call a medical malpractice lawyer immediately to get the necessary information on your legal rights and remedies.

section-313.121-autopsy-of-child

Sudden unexpected infant deaths are very traumatic for their parents. Such deathis made even worse because the cause is unknown. Given that an infant is healthy, this gives parents a hard time understanding and comprehending. A child’s parent makes them think twice about their worth as parents and have second thoughts about their actions.

The Ohio revised code 313.121 was implemented to help ease the shock of parents who lost their children due to unexpected death. Section 313.121 states that if a seemingly healthy baby between two years of age and one year old dies, the coroner must be notified immediately. Thereafter, a thorough autopsy will occur.

The death may have occurred at their residence or in a hospital. And such death shall be reported immediately to the local medical examiner. Regardless of where it occurred, the family usually wants an autopsy to be done. As the parents look for answers to the sudden death, an autopsy can give them peace.

When an infant of tender age dies suddenly, the law provides the coroner, deputy coroner, or other person designated to conduct an autopsy. The coroner or any other person assigned to conduct an autopsy shall accomplish a sudden unexplained infant death investigation (SUIDI) reporting form. The same coroner shall send the SUIDS form to the appropriate child fatality review board. It is important to note that these forms are not considered public records since the report involves minors whose identities the law protects.

SIDS Statistics

According to the Center for Disease Control and Prevention (CDC), approximately 3,400 infants two years of age or younger die annually. This number includes those labeled as under sudden infant death syndrome. It can be difficult for the department of health and the CDC to determine the actual trend of these deaths. Since the parent or legal guardian is often unaware that SIDS causes these deaths, the actual number is undeterminable.

Fortunately, the incidence of SIDS had decreased dramatically since 1990, when it was estimated at 130.3 deaths per 100,000 live births. In 2019, SIDS was at 33.3 deaths per 100,000 live births.

Request for Autopsy Report by the Parents

request-for-autopsy-report

examples-of-medical-malpractice-where-you-may-need-a-lawyer

We all know that medical malpractice is a serious issue, but it can be hard to know when you need to take legal action. 

Medical malpractice can have devastating consequences for patients and their families. It is essential to know when can become a victim of medical malpractice, so you can pursue appropriate action for your case.

This blog will discuss medical malpractice cases and examples of medical malpractice where you may need a lawyer. If you or a loved one has suffered due to the medical negligence of a doctor or hospital, please do not hesitate to contact us for a free case evaluation from one of our medical malpractice attorneys.

Most Common Medical Malpractice Claims

most-common-medical-malpractice-claims

Various situations can lead to a medical malpractice case. This can include when doctors fail to inform patients that a certain prescribed medication may cause heart failure or a doctor left surgical scissors in the patient’s stomach during an operation.

Here are some examples of the most common medical malpractice claims:

Failure to Treat

failure-to-treat

Medical caregivers have responsibilities to their patients. Negligence of the patient’s needs means failure to treat, which also violates the standards of care. And this is also a frequent and common cause of malpractice claims.

Here are common examples of failure to treat:

Failure to treat can also be caused when a doctor has too many patients to handle. But for this issue, the help of a professional is needed to acquire the patient’s resources so they can be directed to another caregiver for better treatment.

Misdiagnosis or Delayed Diagnosis

misdiagnosis-or-delayed-diagnosis

Missed or delayed diagnosis means wrong or late diagnosis. And this can lead to worsened patients’ conditions because they didn’t receive the treatment they need on time.

A late or wrong diagnosis may result in a patient not receiving timely treatment or receiving unnecessary treatments. And a misdiagnosis often occurs when a doctor or physician fails to do the following:

Other medical errors can lead to confusion regarding illness identification, such as:

Inaccurate or untimely diagnosis can have life or death outcomes. A medical professional who is irresponsible or reckless in doing the necessary process must be held liable.

Procedural or Surgical Errors

procedural-or-surgical-errors

Whether a patient chooses an elective surgery or needs emergency medical help, every operating room should be equipped with sufficient medical professionals to give them the necessary care.

Some of the most common surgical errors include:

Doctors, some medical professionals, and nurses must properly communicate and inform the patient’s vital information to each other every surgery. Doing so will avoid any errors or malpractices that may happen due to a lack of communication.

Prescription Drug Errors

prescription-drug-errors

Faults involving prescription drugs can lead to an allergic reaction or a patient’s death.

Some common types of prescription drug mistakes include the following:

Sometimes, a patient can receive the wrong medicine due to a negligent pharmacist who made the mistake of filling in the wrong doctor’s prescription. They can be held liable for causing the patient’s harm.

Childbirth Injuries

child-birth-injuries

Injuries that happen on, before, or after childbirth can have serious injuries too. Here are some causes of birth injuries:

If the baby’s mother did not receive notice of her prenatal health conditions before birth, this could be her evidence and grounds for a medical malpractice case.

Doctors failing to inform the mother that her baby has the condition of down syndrome is also considered poor practice. The mother could file a medical malpractice suit for that too.

Failure to Warn Patients of Known Risks

failure-to-warn-patients-of-known-risks

A doctor has a duty to warn their patients of any possible risks that may happen from a procedure or course of treatment. And this sworn duty is known as ‘the duty of informed consent. If patients, once duly informed of possible risks, would have chosen not to proceed with the procedure, doctors may be liable for medical malpractice if patients are harmed by the procedure.

Anesthesia Errors

anethesia-errors

Reactions or problems to anesthesia due to an anesthesiologist failing to give the right amount of anesthesia to a patient can result in brain damage and other critical health issues. Such carelessness can also be filed as a case for medical malpractice.

Medical Malpractice Claim’s Basic Requirements

medical-malpractice-claims-basic-requirements

To show that medical malpractice happened, you must show the following things for your medical malpractice claim:

Negligence

Negligence is the failure to perform with the same amount of care that a reasonable medical professional would have acted in the same situation. Negligence is the primary ground for a medical malpractice claim. To show that medical malpractice happened, you must show all of the following:

Doctor-Patient Relationship Existed

You have to show your doctor-patient relationship with the doctor you plan to sue. This will show evidence that you indeed hired a doctor and that doctor legally agreed to be hired. If you began seeing a doctor and he’s treating you, it is easy to show that a doctor-patient relationship existed.

Doctor Fell Below Standard Care

the-doctor-was-careless

If you were unhappy with your doctor’s treatment, that doesn’t mean you can sue them for medical malpractice. A doctor’s carelessness must be related to your treatment or diagnosis.

To sue your doctor for medical malpractice, proof of suffered harm must be shown in a way that a competent doctor would not do. The doctor’s care is not always required to be the best among the rest. But a basic act of carefulness, diagnosis, and skills must be executed.

Almost all states require the patient to present a medical expert who can discuss the suitable medical standard of care. The representative will show that the defendant (doctor/medical professional) has diverged from the medical standard.

The Doctor’s Negligence Caused the Injury

Since most medical malpractice cases include patients who are already sick or injured, doctors are often questioned about what they did if they are being negligent or not, which causes harm to the patient.

An example would be: if a patient dies after treatment for heart disease, and the doctor is truly negligent. It can be very hard to prove that the cause of death is the doctor’s negligence and not the disease itself. For such a matter, the patient must have a medical expert testify that the doctor’s negligence is the cause of serious injury.

The Injury Led to Damages

Even if it is evident that the doctor or physician performed below the standards in their field, patients couldn’t sue for medical malpractice if they didn’t suffer any harm. The following are examples of the types of harm patients can sue for:

Contact a Medical Malpractice Lawyer to Help With Your Medical Malpractice Claim

medical-malpractice-lawyer-near-me

If you believe that you have a medical malpractice case, it is important to speak with an experienced medical malpractice attorney as soon as possible. They can help you file a medical malpractice lawsuit if you have a valid case. Medical malpractice cases can be complex and require the expertise of a qualified medical malpractice attorney.

The attorneys at Ryan LLP Law Firm have over 50 years of combined experience in the areas of medical malpractice, wrongful death litigation, and personal injury. We have represented thousands of clients in the past. Here’s how we can help:

Contact us at (216) 600-0308 to receive a free consultation from our medical malpractice lawyers protected by an attorney-client relationship. You can also fill out our online contact form, and we’ll get back to you shortly.

what-can-i-do-if-my-child-suffered-a-birth-injury-in-a-hospital

Becoming a parent, especially a mother, is one of the best things on earth. The whole pregnancy was also your whole preparation for welcoming your new addition to the family. You will be the most excited one, expecting to see this little human being you’ve waited for for nine months. 

Not all pregnancies go as planned. As a parent, you may wonder what to do and ask yourself, What Can I Do if My Child Suffered a Birth Injury in a Hospital, and what you can do to get compensation. 

Today, we will understand the possible reasons and know what to do if your child suffers from a birth injury. 

Most Common Causes of Birth Injuries

most-common-causes-of-birth-injury

The birth process is often dangerous and fatal for babies who suffer birth injuries because of medical mistakes. This can be because they come into this world with an injury from their own lives, but sometimes it happens that way no matter what happened during pregnancy or beforehand- like when you’re born!

The following are the most common causes of Birth Injuries: 

Oxygen Deprivation or Hypoxia

A shortage of oxygen in a baby before, during, or after birth is called hypoxia, birth asphyxia, or hypoxic-ischemic encephalopathy (HIE). In some instances, newborns are born with low oxygen levels, and these children may experience symptoms such as irritability, restlessness, or even fits.

Because hypoxia can cause significant and irreversible birth damage, medical practitioners should always look for indicators that the baby isn’t getting enough oxygen. This includes looking for signals before, during, and after the kid’s birth.

Medical professionals will want to check your baby to indicate they aren’t getting enough air during their earliest moments outside the womb because hypoxia can cause significant damage, which could lead to permanent disability!

Trauma and Excessive Force

trauma-and-excessive-force-cause-birth-injury

Birth injuries are caused by mechanical stress. It occurs when your baby is subjected to extreme physical force before or during delivery. Mechanical trauma, such as birth trauma, can result in hypoxia, morbidity, and fatality, depending on the severity and anatomic location of the damage. Some of these injuries heal with little or no repercussions, while others cause chronic damage and significant morbidity.

Some birth injuries, unfortunately, are fatal. Permanent birth injuries can significantly impact your child’s life and your family’s future.

Delayed C-Section Delivery

Cesarean delivery (c-section) is a frequent surgical operation that involves opening the mother’s abdomen and uterus to deliver the baby. During an attempted vaginal delivery, a cesarean section is performed as an emergency operation. Emergency c-sections are usually ordered during labor and delivery in response to problems or evidence of fetal distress.

Since it is a well-known fact that medical malpractice and blunders during labor and delivery cause a high percentage of many birth injuries, one of the reasons is the delay of C-section delivery. Many brain damage is linked to the failure to schedule a c-section or the negligent delay in performing an emergency c-section.

Meconium Aspiration Syndrome

meconium-aspiration-syndrome-cause-birth-injury

Meconium aspiration syndrome (MAS) is a potentially serious medical condition that develops during childbirth when a baby inhales meconium and amniotic fluid. It is when a newborn inhales meconium (the baby’s first stool) and amniotic fluid (the fluid surrounding the unborn baby).

What causes MAS is the same as what causes meconium discharge in the womb. MAS occurs when a newborn expels meconium and subsequently inhales it. Typically, a newborn doesn’t produce meconium till after birth. Fetal stress or placental anomalies often cause early meconium discharge. Fetal distress in late pregnancy is almost invariably related to oxygen shortage or decrease.

The term “meconium” refers to a baby’s first poop. It can occur before, during, or following labor and delivery.

Most Common Types of Injuries

Extremely large fetuses may result in a difficult delivery, posing a risk of damage to the baby. The most common birth injury cause is the natural forces of labor and delivery. During the childbirth process, damage caused by physical pressure, most commonly during transit through the birth canal, is known as birth injury.

The following are the most common types of birth injuries:

Head or Brain Injury

head-or-brain-injury

A child can also suffer from brain or head injuries after birth. A baby suffering from a brain or head injury may necessitate lifetime medical care and cannot possibly function as it should have.

Facial Nerve Injury

The facial nerve is also known as the seventh cranial nerve. It may be damaged before or during delivery. The lack of controllable (voluntary) muscle action in an infant’s face owing to pressure on the facial nerve soon before or during birth is known as facial nerve palsy, or Bell’s palsy.

This injury is most commonly caused by medical malpractice, rough treatment by doctors, and the improper use of forceps. Many children will recover control over their facial movements, but others are affected for life.

Forceps or Vacuum Injury

forceps-or-vacuum-injury

Compared to vacuum-aided deliveries, forceps deliveries are associated with a higher risk of facial nerve injury. The negligent use of forceps can result in retinal hemorrhage and cephalohematoma. In a 2020 study, women who had a forceps-assisted delivery experienced higher pelvic floor injuries than those who had a vacuum-assisted delivery.

It’s possible that during a difficult vaginal birth, the baby will need more than just typical pushing to get out. OB/GYNs have several instruments at their disposal to help with delivery. A vacuum extractor or vacuum pump is a commonly used obstetrical instrument. The suction helps the mother expel by gently moving the fetal vertex through the delivery canal.

But suppose vacuum-aided deliveries went wrong. In that case, they could result in certain types of birth injuries, which can be severe or minor.

Cerebral Palsy

Cerebral palsy can develop if the brain receives little oxygen or suffers severe head trauma during labor and delivery. Birth complications such as placental detachment, uterine rupture, or issues with the umbilical cord during delivery can cut off a baby’s oxygen supply, resulting in cerebral palsy.

Cerebral palsy is a neurological disorder marked by delayed motor skill development, weak muscles, and muscle spasms. Cerebral palsy can affect vision, hearing, learning, and speech challenges. Cerebral palsy is often caused by birth trauma. Inadequate labor monitoring, birth procedures, and inability to monitor fetal distress create extreme hypoxia episodes, which can cause cerebral palsy. Cerebral palsy curbs a child’s muscle control. It is also associated with speech and other developmental milestone delays.

Collarbone or Clavicle Fracture

collarbone-or-clavicle-fracture

Clavicle fractures, also known as collarbone fractures, are neonates’ most common birth injuries. A clavicle fracture happens when the collarbone breaks due to a difficult delivery or birth trauma. This injury is particularly usual when a baby’s shoulders are stuck behind the pelvis of the mother. This phenomenon is also known as shoulder dystocia.

When the baby’s shoulder is difficult to deliver or when the baby is born breech, the clavicle may break. When a baby’s clavicle is fractured, the arm on the side of the fracture is rarely moved. Healing, on the other hand, happens swiftly. A solid bump on the clavicle forms as new bone forms in the first ten days after surgery. Limiting movement of the arm and shoulder with a soft bandage or splint may be beneficial if the fracture is painful.

Oxygen Deprivation

When a baby’s brain doesn’t get enough oxygen before, during, or after birth, hypoxia occurs, resulting in brain damage. If not treated effectively, it can proceed to a lifelong condition like cerebral palsy, cognitive deficits, or hypoxic-ischemic encephalopathy (HIE).

Brain damage can result from a lack of oxygen during delivery. As a result of this brain damage, cerebral palsy or chronic seizures may develop. Brain damage can occur when a doctor fails to monitor the baby during and after birth. Or, it can happen when the baby is left in the birth canal for too long. Even mild oxygen deprivation might result in physical difficulties and intellectual deficiencies.

Erb’s Palsy

erbs-palsy

Erb’s palsy is muscle weakness in the arm or shoulder caused by a birth injury or later in life. It’s widespread among babies who were born with injuries to their shoulders. Some cases can clear up on their own, but doctors may recommend activities to help prevent lasting stiffness.

An excessive pulling or straining of an infant’s head and shoulders during a difficult or prolonged birth is a common cause of Erb’s palsy. Erb’s palsy can occur if an infant’s head and neck are dragged to the side as the shoulders pass through the birth canal.

Spinal Cord Injury

Because of the importance of the spinal cord, damage to the baby’s spine is frequently diagnosed shortly after birth. Signals from the brain to the rest of the body pass through the human spinal cord. As a result, even minor anomalies in your baby’s spinal cord might have serious repercussions. These occurrences are rarer than ever, thanks to advancements in prenatal care. Complications in delivery, however, can result in spinal cord injury.

Signs and Symptoms of a Birth Injury

signs-and-symptoms-of-a-birth-injury

The severity of birth injuries in neonates ranges from severe and easily observable to lesser and more challenging to detect or diagnose. Bruising, strange eye movements, muscle weakness or paralysis, excessive fussiness, and convulsions are possible birth damage signs. Some indicators may not be seen until the youngster reaches adulthood.

Inform your doctor right away if your child feels something is amiss with your baby. A birth injury diagnosed and treated early can save your child from experiencing many more symptoms in the future.

Here are some of the symptoms you should watch for:

Although not all birth injuries can be treated, early intervention can benefit. For example, a novel treatment involving chilling a brain-damaged newborn for several days reverses a lot of the damage that causes symptoms.

You Can File a Birth Injury Claim for Compensation

We understand how heartbreaking it can be if you or your infant has been subjected to negligent treatment or wounded due to medical malpractice during pregnancy or delivery. The results can be life-altering or even fatal in some situations.

Due to medical misconduct, some babies will be afflicted to have medical care for the rest of their life. A viable option to seek compensation from those who caused your child’s injuries is to file a birth injury claim.

A birth injury compensation claim is a legal claim made on behalf of a child who has been injured during or shortly after delivery. Several elements may be considered in a compensation claim. If you’re considering submitting a claim, keep account of all the costs associated with the birth injury and the expected future costs to your family.

With the help of birth injury attorneys, you have a greater chance of winning compensation to aid you in your expenses for your child care.

A Compensation Claim Covers Your Damages

compensation-claims-birth-injury

A compensation claim may cover all of your expenses related to your child’s birth injury and resulting medical disabilities or conditions:

Birth Injury FAQs

When Am I Eligible to File a Claim for My Child’s Birth Injury?

Suppose you believe your child is harmed due to birth injury malpractice during the birthing process. In that case, you may be entitled to financial compensation or file a claim for your child’s birth injury to cover your child’s medical expenses.

If your kid was injured due to preventable mistakes made before, during, or immediately after delivery, you might be able to file a lawsuit. You may also talk to a birth injury attorney to determine if you have a valid claim. A lawyer will scrutinize your case for free and conclude if your child’s injury is caused by medical malpractice and negligence.

What Is My Birth Injury Claim Worth?

The average medical negligence claim for a child under one-year-old is around $1 million. While an average can be helpful for comparison, the value of your child’s claim may differ dramatically. It is dependent on the circumstances of your case.

The lawyer will seek compensation for your child based on the following factors:

When Can You File a Birth Injury Claim?

Filling a birth injury claim is vital. If you want to have faster results, you may consider acting quickly as soon as you see those signs that your child has suffered a birth injury during birth at the hospital.

This time restriction is usually established at two or three years. To prevent missing the deadline, speak with a lawyer soon away about your birth injury cases.

To get the justice your family deserves, contact a qualified lawyer as soon you can. A birth injury attorney will help guide you through every step of this complicated process and ensure that medical professionals are held accountable for any wrongdoing.

Contact a Birth Injury Lawyer to Help With Your Child’s Birth Injury Case

birth-injury-lawyer-near-me

It is critical to find a birth injury lawyer who has successfully helped previous parents win compensation for their child’s avoidable injuries.

The experienced birth injury attorney at Ryan LLP is ready to help you with your legal claim. Our injury lawyers have a total legal experience of more than 50 years. Our goal is to help each client better understand their alternatives and represent them in court if needed. We provide a free consultation in person, via phone, text, or video conference to discuss potential claims. To schedule a consultation, call (216) 600-0308, text (216) 367-9089, or fill out our online contact form. Contact a professional medical malpractice attorney right away for advice on how to proceed. Time is of the essence, as there are strict deadlines to follow claims. So don’t delay. Call today.

Get a free case review today to understand more about your legal options.

the-top-10-most-common-causes-of-car-accidents

Getting into a car accident is a stressful, painful, and frustrating experience for most people.

Even with all of the advancements in vehicle technology, accidents still occur. Each auto accident occurs in a different location and necessitates a different type of investigation. So, suppose you are injured in an auto accident. In that case, it is critical to understand what caused your accident so that you can use this information as a guide to obtaining maximum compensation.

Our car accident attorneys can help you. We will do a thorough investigation to discover what caused your auto accident and who should be liable for the crash.

However, if you know what causes car accidents, you can reduce your chances of being involved in one. Read and learn about the top ten most common causes of car accidents in this blog.

Ten Most Common Causes of Car Collisions

ten-most-common-causes-of-car-collisions

The following are the top ten most common causes of car accidents:

1. Distracted Driving

2. Drunk or Intoxicated Driving

3. Speeding

4. Poor Weather

5. Reckless Driving

6. Running Yellow and Red Lights

7. Improper Turns

8. Running Stop Signs

9. Drowsy Driving

10. Road Hazards

Distracted driving

Distracted driving is one of the significant causes of car accidents throughout the globe. Drivers who do multiple tasks while driving commonly lose their attention on the road. Distracted driving often results in an inability to keep a vehicle in lane, reduced reaction time, and losing focus on what’s ahead.

As per the National Highway Traffic Safety Administration (NHTSA) crash statistics, approximately 850,000 US drivers are texting or using their smartphones while driving. As a result, distracted drivers are the leading cause of automobile accidents. Most people believe that cell phone use while driving is the only thing that could cause the driver to be distracted. Still, several other factors can contribute to distracted driving accidents, including:

• Applying make-up
• Eating
• Grooming
• Reading

Using a cell phone while behind the wheel is illegal in some states, and victims of car accidents can sue the at-fault party who caused the injuries and the accident by acting negligently or recklessly. In the majority of car accident cases, the plaintiff may be able to recover significant compensation for their losses, which may include:

• Lost income

• Property damage

• Medical Expenses

• Pain and Suffering

Drunk or Intoxicated Driving

drunk-or-intoxicated-driving-cause-car-accident

Drunk or intoxicated driving is one of the leading causes of car accidents, the most deadly, and should be avoided. It is responsible for an average of 29 deaths every day. For nearly four decades, Mothers Against Drunk Driving (MADD) has held the nation’s attention on drunk driving as one of the top major causes of car accidents in the United States.

Drunk driving is simply impaired driving. Driving under the influence of alcohol or drug puts the driver at risk of causing an accident or highway injury. Drinking impairs the driver’s ability to drive since they have:

• Poor coordination

• Longer reaction time

• Poor judgment

• Reduction in memory, vision, concentration, and hearing

• False overestimation of abilities and sense of confidence

To avoid causing accidents on the road and a DUI charge, take a taxi or let another sober person drive for you if you have ingested an impairing amount of alcohol.

Speeding

The National Highway Traffic Safety Administration speeding survey in March 2018 found that the casual acceptance of driving over the appropriate speed limit is one of the major problems on U.S. roads. Speeding is a factor in a large number of serious accidents.

That’s why it’s very advisable to keep to the posted speed limits.

Here are several reasons why a driver’s overall aggressive driving can increase:

• Running late to work

• Keeping up with traffic

• Unintentionally driving over the speed limit

According to the NHTSA study, speeding claimed the lives of 9,478 people in 2019. This study suggests that while pushing the speed limit escalates the severity of crashes on highways, 86% of fatal speeding-related collisions were not on interstate highways.

It suggests that speeding is dangerous on highways, city streets, neighborhood roads, and other roads.

Poor Weather

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Poor weather negatively impacts road conditions, thereby causing motor vehicle collisions. It is among the top causes of car crashes.

If visibility is too low to drive, the driver should pull over and wait until the storm passes. Even if the driver can’t always avoid driving in the rain, snow, or ice, drivers should be extra cautious. Slippery roads caused by snow, rain, or even ice reduce tire traction, forcing other drivers to swerve unexpectedly. As a result, bad weather necessitates extra caution while driving to avoid accidents. 

Speed limits are posted on roadways to avoid accidents, especially when encountering poor weather conditions.

Drivers who operate their auto vehicles in bad weather may be held liable for any accidents or injuries they cause.

Reckless Driving

Reckless driving involves:

The driver must be aware of their actions and what is happening around them. Aggressive driving is, in fact, one of the most common causes of car accidents. Some drivers may become impatient while behind the wheel, especially during events like traffic and slow drivers. If you are upset, you should take your time and wait to get on the road until you are calmed down.

Some of the most usual aggressive driving behaviors include reckless driving, distracted driving, road rage, and tailgating.

Running Yellow and Red Lights

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Is it worth risking injuries or death by running through a yellow and red light? The Association for Psychological Science (APS) states that yellow lights are one of the most dangerous obstacles that people encounter on the road since they force drivers to make split-second decisions.

Drivers who fail to stop at a red light or a stop sign can cause severe car accidents. They also have to pay hefty fines if caught by the authorities, even if they don’t cause a car accident.

However, it’s almost too ironic to put into words, but some people can’t stand running red lights when they mean STOP. Some busy entrepreneurs are prone to running a red light because they are preoccupied with work while also attempting to respond to work emails.

Improper Turns

Improper turns are one of the most common causes of car accidents on U.S. roads. Left turns are the most common of these, followed by right turns and U-turns.

Every driver must obey traffic signals and rules of the road to avoid making mistakes on the road because making a wrong turn could result in dangerous car crashes.

Most often, these accidents happen at intersections and when crossing a lane of oncoming traffic, like turning into a parking lot of a shopping center. The danger of improper turn accidents increases when a driver fails to use turn signals or drives in poor weather conditions.

A car accident also happens when a driver fails to get into the proper lane when making a turn and obey traffic rules. Wrong-way driving or improper turning can put other cars and vehicles in danger. Always keep an eye out for traffic signs, safe distance, and follow the proper right-of-way rules when making a turn.

Running Stop Signs

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In some states, rather than traffic lights, intersections are controlled by stop signs, which poses a danger to drivers on the road. Car accidents occur when drivers fail to stop at a stop sign.

If you are fortunate enough to avoid an auto accident, you may be forced to pay hefty fines due to violating a stop sign.

According to the IIHS, one-third of all intersection crashes in the United States & more than 40% of fatal accidents occur at intersections controlled by stop signs, with approximately 700,000 crashes occurring each year.

Drowsy Driving

Driving fatigue is more common at night. Drowsy driving is one of the top causes of car collisions. When drivers are tired, they can miss other road users. They might fail to notice a stop sign, traffic signals, or run a red light. They also risk falling asleep at the wheel, which will eventually cause a fatal car crash.

As per the AAA Foundation for Traffic Safety, driving fatigue is somehow similar to drunk driving in many ways. Drivers have sluggish reaction times, poor coordination, and poor judgment. Police officers frequently pull over drivers suspected of drunk driving only to discover that they were too tired to drive safely.

To prevent collisions, pull over to the side and rest if you find it difficult to concentrate while trying to drive.

Road Hazards

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Poor road conditions can increase the risk of tire blowouts or road crashes. It can also affect the driver’s ability to brake adequately.

The parties responsible for keeping our road surface safe and clear should consider erecting appropriate warning signs in areas where common man-made road hazards exist, such as:

Suppose you were one of the drivers involved in an auto accident due to a road hazard. In that case, a car accident attorney can determine who was responsible for ensuring that the hazard did not exist and warning drivers about the hazard to take reasonable precautions.

Local governments, road departments, private landowners, and the owners of vehicles that caused the damage or hazard in the roadway are frequently among those parties.

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Expecting that your kid is in good hands after letting the school management to take responsibility is usual. May it be letting your child being under teacher’s care or passing him up on a schoolbus. Upon trusting the school management your child, parents usually erase their bad thoughts as school seemed to be a trust-worthy institute especially when handling children. And unexpectedly, a personel call you stating that your child has been injured in a school bus accident and you don’t know what to actually do.

In retrospect, school buses related accidents has annually reached an average of about 26,000 crashes and has resulted in 10 death, 25% were drivers and 75% were passengers and were mainly caused by frontal crashes that has brought 2 passenger deaths each year. In this blog, we are going to enlight parents on what to do upon the event of an accident involving your kid and schools’ bus and what legal options can parents do while dealing this as well as information worth noting. 

If ever one of your family members or closests friend has been involved in an accident who have sustained either minor or significant injuries and even a possible case of amputation because of possibly a school-related personnel or the management itself has shown apparent negligence and recklessness and caused an accident and render the victim to have life-threatening injuries and condition, you can always refer help from a professional experienced injury lawyer to smoothen things out as your hired lawyers can help you decide from their factual and legal advices and can help you sort things out legally rather than settling over cash offer without damage calculation and future’s regards. 

Ryan LLP is an Ohio based injury lawyer that represents victims of personal injury caused by car accidents, medical malpractice due to medical professional’s negligence, and even wrongful death against large companies, agencies and even individuals. We have 40 years of experience doing our service in this field and evidently successful with our civil litigations. Call our office now for free legal consultation. 

Possible Liable Parties

In a school bus accidents many parties are possibly involved and one of them or multiple may be liable parties. This includes:

What legal action can a victim side do?

After a parent is informed about the accident wherein their child is involved, they tend to panic or scared on what step to take as they are not informed enough with essential things about legal actions involving injury and a child. Given that the legal field is a tricky and decisive thinking should be present, but a certain side couldn’t be decisive enough if he/she isn’t well-informed about the legalities in their state or has no assistance from a professional lawyer. 

Schools are considered a branch of the government which means they can’t be sued or their employees without getting the state’s permission but there are exemptions too. Circumstance wherein gross negligence is involved are considered by the state to pursue the lawsuit by victims such as: