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Posted by on Mar 7, 2017 in Road Defects | 0 comments

The Dangers of Road Defects

Traffic accidents are some of the leading causes of traumatic injuries. Those who are not lucky end up sustaining brain trauma, neck fractures, and spinal cord injuries. But sometimes, the severity of the injuries does not matter, as even the lightest injury can result into medical bills, lost time at work, and other financial damages.

Car accidents occur mainly because of driver errors, but there are times where third party factors come into play, such as road defects. According to the website, those who have been hurt in accidents caused by road defects may take legal action and get compensation for the damages.

It is good to know that the law is on the side of the victims, but it doesn’t change the fact that there are negligent parties that result into road defects.

Negligent road designers
Sometimes, the very design of the road is the road defect, putting motorists at risk of traffic accidents. Some of the most common design defects include:

  • Absent or inadequate barriers, such as guardrails
  • Absent or inadequate shoulders
  • Absent or inadequate traffic lights and signs
  • Defective water drainage system
  • Improper grading of curves
  • Insufficient lighting
  • Overly narrow roads and lanes

Negligent maintenance providers
Even if there are no problems with the road design, there may still be defects caused by the lack of maintenance. These defects can be on the road itself or around the road.

  • Defects on the road
    • Dangerous debris, such as rocks
    • Faded yellow and white lines
    • Uncorrected road damages, like potholes
  • Defects around the road
    • Malfunctioning traffic lights
    • Lack of warnings, such as for construction sites ahead
    • Overgrown trees and plants
    • Traffic signs with low visibility

No matter how diligent motorists drive, they may be involved in traffic accidents because of these defects, and there is nobody to blame but the parties who are involved in the construction, design, and maintenance of the road.

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Posted by on Oct 13, 2016 in Social Security Disability | 0 comments

Qualifying Disabilities (for Adults and Children) for Social Security Benefits

The Social Security Administration’s (SSA’s) Blue Book or impairment listing manual, which is officially entitled “Disability Evaluation Under Social Security,” contains a list of physical and mental disabling medical conditions (called impairments) for both adults and children. Individuals suffering from any of the impairments included in the Blue Book will automatically qualify them for Social Security disability benefits (SSDI) or Supplemental Security Income (SSI). It is important to note that meeting the criteria specified in the Blue Book is not a guarantee that a claimant will be awarded the benefits that he/she seeks; it simply establishes the fact that he/she has suffered from a disabling condition long enough to be considered eligible for consideration by the SSA.

The Blue Book contains a list of impairments for both adults and children. This list, which appears in the Code of Federal Regulations (CFR), is just one of the means through which the SSA decides if someone is totally disabled. For adult claimants, besides the claimed impairment, the SSA also considers their age, education, work skills. severity of medical condition, and past work experience/s.

For 2015, the listing of impairments for adults (individuals 18 years old and above and children under age 18 where criteria are appropriate) include:

  • Musculoskeletal system disorder;
  • Special senses and speech disorder;
  • Respiratory disorders;
  • Cardiovascular Impairments;
  • Disorder of the digestive system;
  • Genitourinary disorder (this results from chronic kidney disease or CKD);
  • Hematological disorder;
  • Skin disorder;
  • Endocrine disorder;
  • Congenital disorder that affects multiple body systems;
  • Neurological disorder;
  • Mental Disorder;
  • Cancer (malignant neoplastic diseases); and,
  • Immune system disorder

The 2015 listing of impairments for children (under age 18) include:

  • Low Birth Weight and failure to thrive;
  • Musculoskeletal system disorder;
  • Special senses and speech disorder;
  • Respiratory disorder;
  • Cardiovascular Impairment;
  • Digestive system disorder;
  • Genitourinary disorder (this results from chronic kidney disease or CKD);
  • Hematological disorder;
  • Skin disorder;
  • Endocrine Disorder;
  • Congenital disorder that affects multiple body systems;
  • Neurological disorder;
  • Mental Disorder;
  • Cancer (malignant neoplastic diseases); and,
  • Immune system disorder

A person can also be awarded disability benefits even if his/her health condition does not meet or equal the requirements of a disability listing found in the Blue Book, so long as his/her condition limits his/her functioning so much that he/she cannot work (to be considered able to work, one must be able to work full-time, attend work regularly, not need to take frequent rest breaks and be productive).

According to the Hankey Law Office, P.C., SSA does not pay benefits to individuals suffering only from partial or temporary disabilities, though these can also render them unable to work for some time (but definitely much shorter than the year or more required by the SSA). This, plus the technical nature of the requirements for each listing in the Blue Book, can easily confound prospected claimants into thinking that their condition can be considered as total disability or in assuming that they have all the records necessary in supporting their claim that they are totally disabled. To avoid these mistakes, as well as to be able to understand the technical nature of the requirements specified in the Blue Book, it would be good to have a qualified Social Security lawyer assisting them.

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Posted by on Jun 25, 2016 in Personal Injury | 0 comments

Pursuing An Improper Treatment Claim

Patients look up to doctors as persons of authority who will provide them with the best and most updated treatment. Medical professionals have completed years of education and training and even studied abroad to hone their expertise. According to the website of Karlin, Fleisher & Falkenberg, LLC, serious health conditions get misdiagnosed and patients end up undergoing treatments they do not actually need. These could have adverse effects on the health of the patient and they end up with an injury or even die.

Improper treatment is a form of medical malpractice that is different from delayed or wrong diagnosis. This means that although the doctor has properly and promptly diagnosed patients, they may administer the wrong treatment. There are different ways that a doctor can be charged with improper treatment and they may include:

  • Using outdated medical procedures
  • Using unorthodox medical procedures
  • Administration of treatment that poses unnecessary risk
  • Utilization of dangerous pharmaceutical treatments
  • Dangerous pharmaceutical treatments

It is worth noting that not all improper treatment can be considered malpractice. Here are some examples:

A study revealed that many patients were told that they were HIV negative because the doctor ordered the wrong test. Two different HIV viruses have the same name and this causes the improper treatment of a patient.

Mental disorders are quite difficult to diagnose because they have similar symptoms with other mental disorders and psychiatrists miss the unique symptoms. Take the case of schizophrenia which can be improperly treated as depression. If the doctor gives the wrong medicine and therapy, it can lead to even more serious problems.

Improper treatment often results from misdiagnosis. This was the most common problem among outpatient facilities, according to the National Institute of Medicine.

Not all improper treatment can be medical malpractice. Some diseases are difficult to diagnose due to their rare nature or their symptoms resemble other diseases. Likewise, the medical field is limited by its resources. Aside from that, medical errors are the result of flaws in the system, doctor’s judgment, or simple human error. If this is the case, patients can hold the medical personnel liable for medical malpractice.

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Posted by on Feb 4, 2016 in Personal Injury | 0 comments

To Settle or Not To Settle, That is The Question

It is often advised for people to not make decisions when they’re angry. This is because an emotionally charged person is often prone to lack of forethought and is more susceptible to making choices that may feel right for the moment but end up being damaging in the long run. This is true for just about every situation and it is certainly true for some personal injury cases.

Talking more specifically, some victims of personal injury who are without legal representation are sometimes approached by insurance companies with an offer of settlement so that the case need not proceed any further. The offer is usually substantial to the ordinary person and the temptation to get everything over and done with, without all the drama of legal action, can be great. But it would be wise to remember that these are the same insurance companies that count on your emotionally fragile and legally naïve state so that they may benefit from a payout that is far too low.

There are many fees that tend to be overlooked in a personal injury case. The initial settlement that you’re offered may be enough to cover medical expenses, for example, but there can be lasting emotional and mental side effects from the trauma. Post-traumatic Stress Disorder (PTSD), for example, can be just as debilitating and that requires therapy and sufficient medication to be treated. There may also be the lost wages that were a result of the days off from work that you had to miss in order to recover. And there’s also the matter of reparations from having had suffered in the first place.

There’s no monetary amount that could ever truly pay for the pain that an injury-sustaining accident caused but there is justice that can be awarded and there are ways in order to fight for it. You just need the right kind of help though the decision to seek it is ultimately up to you.

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Posted by on Sep 29, 2015 in Health | 0 comments

Why Dental Care Should Matter to You

You never think about how good you’ve got something until you lose it. That is one of the most important things about your teeth, really.

Most people take them for granted until one by one, they start to fall out and the only thing that you have in your mouth are the soft, sensitive gums that used to hold them together. Losing your teeth could almost impediment your speech ability and your mouth’s capability to drink water and you never think it could happen to you until it does. Tooth pain has also been said to cause the highest in terms of scaling pain – aside from childbirth, that is.

Bet you’d wish you’d taken better care of your teeth when they start acting up.

Dental care is important for your teeth are just as important as all the rest of your body. The more you help your teeth, the better they help you. So if you’re moving somewhere new, it is usually one of the first priorities to get yourself a checkup with some local medical practitioners – dentists included. This is so they can be familiar with your medical and dental history, prior to any possible emergencies in your area. It is the recommended course of action to seek out a dentist in order to get yourself well and properly settled in the place before anything bad happens.

Other home care includes regularly brushing your teeth – at least three times a day! If you’re at school or work, be sure to pack a smaller toothbrush and toothpaste in a carrier in order to be able to take care of those pearly whites. Consume potentially tooth rotting food substances – such as chocolate, sodas, nuts, etc. – responsibly and sparingly.

And, one of the most important things about dental care is, don’t forget to floss!

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