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Causes of Semi-Truck Accidents

Thu, 22 Dec 2022 18:04:53 GMT

Semi-truck wrecks are not uncommon in various parts of the United States. Many semi-truck accidents are catastrophic, so they cause severe injuries or even deaths among most victims. Semi-truck rollovers, jackknife collisions, blind-spot, rear-end, and head-on collisions are common types of semi-truck accidents.

Before you file a semi-truck injury claim, be clear on what caused the accident to prove negligence and recover fair compensation. Discover what can cause many semi-truck accidents today.

Inadequate Driver Training and Experience

Because of the increased demand for drivers in the trucking industry, many companies fail to properly train their truck drivers. Instead, many new truck drivers hit the road immediately after they finish their courses. Because of inadequate training and experience, many new drivers handle trucks they aren't familiar with, causing fatal accidents.

All trucking companies should have minimum requirements and training-hour-threshold that new truck drivers should meet before they get behind the wheel. Although inexperienced drivers are less costly than experienced ones, trucking companies should aim to prevent possible truck wrecks rather than save money.

Speeding

The pressure put on truck drivers to meet particular time deadlines can cause speeding. Also, the desire for some truck drivers to make quick deliveries and earn extra cash causes speeding. Because of speeding, truck drivers tend to overtake, forcing oncoming vehicles to swerve off the road, resulting in deadly crashes.

Semi-trucks and trucks don't react quickly to speed changes, so accidents happen when drivers lose control of their vehicles while speeding.

Distracted Driving

Many truck drivers get bored when on long-distance travel, especially after many driving hours. As a result, many may find themselves fiddling with GPS systems or radio, reading, daydreaming, texting, eating, or drinking. Such distractors take a semi-truck driver's hands, thoughts, concentration, and vision off the vehicle and road, resulting in accidents.

Vehicle Failure

Every semi-truck owner should properly and regularly maintain their vehicle per federal guidelines. Worn-out tires, damaged coupling, malfunctioned engines, and faulty brakes are common mechanical problems that cause semi-truck accidents.

If a semi-truck wreck happens because of the vehicle's failure, the trucking company should be liable for damages caused. Also, the vehicle's manufacturers can carry the liability burden for design flaws in brakes, tires, and other parts that could have caused the accident.

Driver Fatigue

Different federal regulations guide hours of service in the trucking industry. But, trucking company policies, schedules, and incentives like compensation based on the distance covered make many semi-truck drivers ignore the set regulations. The fact that many drivers in the trucking industry don't have enough time to rest or sleep also contributes to fatigue issues.

Fatigue or drowsiness among semi-truck drivers can cause them to overlook safe driving. Also, many fatigued drivers lose concentration when behind the wheel, causing semi-truck accidents.

Wrong Cargo Loading

Improperly packed and unsecured loads cause uneven weight distribution across semi-trucks. As a result, the semi-truck can easily cause an accident when it tries to stop or take a corner.

Besides an improperly packed load shifting while in transit, it can also fly onto the road from the truck and cause possible accidents. Trucking companies should hire professional packers to deal with loading from start to finish.

Drunk Driving

Alcohol and drugs like cocaine, marijuana, and opiate painkillers interfere with semi-truck drivers' reflexes. Impaired reflexes, like coordination, make it difficult for semi-truck drivers to maneuver their vehicles safely, endangering their lives and those of others.

For the success of your truck accident claim and recovery of maximum compensation, hire the right personal injury attorney. A professional injury lawyer will speed up the entire legal process, handle your insurance company, and support you emotionally during recovery.

At Wegner & Associates , we aim to help you recover fair compensation if you're a victim of a semi-truck accident due to a negligent driver.

What You Should Do After Sustaining Catastrophic Injuries

Wed, 21 Dec 2022 17:23:36 GMT

Over 3 million non-fatal injuries occur in the U.S. every year. Sadly, although minor issues like sprains and bruises are common, some people sustain catastrophic injuries like multiple bone fractures, severe burns, and spinal cord problems.

Diverse events can lead to catastrophic injuries. These include auto accidents, medical malpractice, and workplace incidents. If you are involved in any of these events and sustain a severe injury, follow the steps outlined below.

Ensure You Are Safe

Most scenarios that lead to catastrophic injuries leave potential hazards. For example, dangerous materials like gasoline, which is highly flammable, often spill during car accidents. Moreover, traffic flow around a crash scene can put victims' lives at risk.

With the above in mind, as a victim of a catastrophic injury, you should first try to establish what caused your injury. Then, check if the incident is likely to happen again and whether you are in a safe location. For instance, if you are a victim of an auto crash, examine your current position to see if you are still in harm's way. Once you've established personal safety, check on the other victims, if any are present. But only do that if your injuries allow it. If not, stay calm and wait for help.

Seek Medical Attention

The extent of your injuries determines how you should seek medical attention. For example, you can drive yourself to the nearest health facility if you have minor fractures. But if symptoms indicate you have a severe injury, seek emergency assistance immediately.

For instance, if you were involved in an accident and experienced symptoms of traumatic brain injury, like convulsions or any other unusual behavior, call 911 immediately. When you call 911, the dispatcher will ask for your incident's details and dispatch medical care. Also, you should contact this authority because its professionals record calls, which can come in handy when you need evidence to support your claim.

Although most catastrophic injuries manifest immediately after an incident, some don't. For instance, you may notice delayed symptoms of a spinal injury weeks after an auto crash. To ensure you get prompt medical attention, check in with a doctor after an accident, even if you don't show any apparent symptoms of a catastrophic injury.

Report the Incident

Remember to report the incident that led to your injuries to the relevant authorities. For example, if the culprit is a car accident, contact the police. On the other hand, you should report medical malpractices to your state's medical complaint board. And if you are a workplace accident victim, call Occupational Safety and Health Administration (OSHA).

You should report a serious incident because the relevant authorities use your information to ascertain and investigate the risks. For instance, OSHA can use your statement to investigate an incident's cause and suggest measures to prevent future occurrences. Additionally, you can use your report to support your claim in court, which makes you more likely to obtain compensation.

Gather Evidence

Various pieces of evidence besides incident reports can help you win a case in court. The first is photographic evidence, which a mobile phone with a good camera can help you gather. Ensure you take clear pictures that depict the scene as is.

Witness statements are also important because you may be unable to recall the incident perfectly. Witnesses can remind you of missed details and attest to your story in court. Ask people on the scene to narrate what they've witnessed and write everything down. Don't forget to note crucial information like witnesses' names and home addresses.

Find an Attorney

A catastrophic injury can undermine your ability to work and lead to financial hardships. However, as a victim, you may be entitled to compensation, which can help you pay hospital bills and recover lost wages. That said, court processes can be complicated, and insurance companies may do all they can to fight your claim. Luckily, experienced attorneys can help you.

If you have life-altering injuries and need legal support, contact Wegner & Associates without hesitation. Our team will help you get the justice and settlement you deserve. Call us today for a free consultation.

How Do You Prove Traumatic Brain Injury?

Fri, 18 Nov 2022 18:44:37 GMT

Unfortunately, even a mild blow or jolt on the head may cause a traumatic brain injury (TBI). And while TBI may take a toll on your health and physical, emotional, and cognitive abilities, you may be eligible to file a claim and seek compensation; primarily if someone else’s negligence was the cause of the injury. Read on to learn more about how to prove TBI.

What is a Traumatic Brain Injury?

A traumatic brain injury (TBI) is an alteration of the brain's normal function that may result from a blow to the head or a penetrating head injury.

You may sustain TBI after a road accident, a fall, a sports-related injury, or other accidents that cause a blow to your head.

What are the Signs of TBI?

The signs and symptoms of TBI depend on the extent of the brain damage, so the signs may range from mild to moderate and severe. Common signs include:

Confusion or dizziness
Difficulty sleeping
Fatigue or drowsiness
Headache
Nausea or vomiting
Sensitivity to light and sound

If you experience any of the above symptoms, seek medical help immediately for diagnosis.

How Do Doctors Diagnose Traumatic Brain Injuries?

Your medical specialist may diagnose TBI based on immediate symptoms after the accident. For example, your doctor may diagnose you with TBI if you suffer unconsciousness, confusion, disorientation, or memory loss after an injury.

However, you still need to undergo tests to confirm the situation. For example, your doctor may conduct brain-imaging tests such as computed tomography scans or magnetic resonance imaging (MRI) to look for any internal bleeding or tissue damage.

You may also need a neuropsychological assessment conducted by a specialist to help identify any changes in thinking, mood, and behavior after the injury. Note that mild TBI is more challenging to diagnose, as the symptoms may not be immediately apparent.

What Are the Treatments for TBI?

The treatment for TBI varies depending on the severity of the injury. For moderate and severe traumatic brain injury, you may undergo surgery to stop bleeding or remove any damaged tissue.

After the surgery, you will likely need rehabilitation to help you relearn lost skills and regain cognitive abilities.

Counseling is a critical treatment for TBI to help you cope with any emotional or behavioral changes after the injury. Your doctor may also advise you to rest and avoid activities that can strain your brain.

How Can You Prove TBI?

The easiest and most believable way to prove TBI is by undergoing a thorough medical assessment conducted by a qualified physician. During the medical evaluation, your doctor may ask about your symptoms and conduct tests to confirm the diagnosis.

Your doctor will document the diagnosis in your medical records, which you can use as evidence to support your claim. In addition to the diagnosis, your medical records should include information about your prognosis, treatment plan, and other relevant information about your condition.

Suppose you do not have medical records to support your claim. In that case, you may be able to prove TBI using other evidence, such as eyewitness testimony, photos or videos of the accident, and expert testimony.

For a successful claim, you must prove that someone else breached their duty of care, which led to the accident that caused your TBI. In addition, you will need to show that the other party was negligent in their actions and that their negligence resulted in your injuries.

Proving TBI can be complex but manageable with a reliable personal injury lawyer. The attorney can help you gather the necessary evidence and build a solid case to get the compensation you deserve. You can trust us at Wegner & Associates to help you through this difficult time. With our experience and resources, we will fight for the best possible outcome for your case. Contact us for a consultation.

5 Ways to Gather Evidence After an Auto Accident

Fri, 18 Nov 2022 18:36:49 GMT

Collisions can leave you confused, tense, and disoriented. Yet, you must get the necessary proof for your claim. Personal injury attorneys can help you gather evidence. Nonetheless, you make the process more manageable if you collect crucial information immediately after the accident. Read on to discover four ways to get vital data after a crash.

1. Take Pictures and Videos

Visible evidence is more concrete than word of mouth in auto accident cases. If you do not have severe injuries and the medics do not immediately take you to the hospital, take photos of the scene. Capture the images as soon as you can to ensure you get an accurate representation of the scene's condition. Tips to take photos for evidence include:

Capture visible injuries like cuts and bruises or related evidence, such as blood-stained clothes
Include nearby road conditions such as potholes and traffic lights or road signs
Take pictures of skid marks, debris, and visual proof of the collision
Put a timestamp on the photos to provide evidence of the date you took the images

The photos can help you see details you would otherwise miss or forget. Finally, take the pictures at different angles to ensure you get different views of the scene. Photos from different angles also show the perspective of the drivers involved.

2. Gather Notes and Medical Records

Your memory can become fuzzy, especially if the court processes take too long. Yet, you must give accurate and consistent statements of what transpired. If you give contradictory accounts or show signs of confusion, you give the other party the upper hand.

Write the events you remember immediately after the accident. Vital details include the date, time, and weather at the time of the crash. Also, record the drivers' statements to reference whenever needed.

3. Get Witnesses

Witnesses are an ideal way to back up your claims in court. You can get vital details of events that happened right before the accident from witnesses. For instance, witnesses can provide information to prove that the other party was at fault. The witnesses can also help you provide the details needed by your personal injury lawyer or claim adjusters.

Request the contact details of onlookers who are willing to testify. If you must go to the hospital first, you may not find pedestrians, passengers, or passers-by. Nonetheless, you can return to the scene later and find more witnesses from nearby businesses. Whichever way, ensure you consult a lawyer to get the witnesses early.

4. Contact the Police

Police who respond to accidents generate a report. You can request a copy of the information to present during the hearing. In addition, the reports always contain critical statements from witnesses and other involved parties. So you get a lot of insight that could prove your recollection of the accident. Besides, police evidence has more impact than the details in a traffic collision report.

Evidence that police can offer includes 911 audio records and computer-aided dispatch reports. Remember that the authorities usually have strict procedures to follow to get the documents. Yet, you can simplify the process if you work with a personal injury attorney.

5. Gather Medical Records

Medical records are another example of proof needed for your personal injury case. Pictures can serve as evidence of the injuries but may not present the extent of the damage. Besides, you also need to keep track of your hospital bills for compensation purposes.

After your visible injuries heal, you'll need the medical records to prove that you suffered severe harm. Failure to obtain the records may make insurers believe you did not sustain the injuries from the accident.

Evidence preservation benefits your compensation claim. Also, you can make the process less burdensome if you seek the help of an attorney. The experts at Wegner & Associates are ready to help you get a fair claim. In addition, you will get excellent representation as you recover and proceed with court procedures. Contact us today!

Major Driving Distractions and How to Overcome Them

Thu, 20 Oct 2022 18:13:05 GMT

Distracted driving is never acceptable, yet most people have driven distracted at some point. A distracted driver can make poor decisions and cause accidents and injuries.

Many distractions can cause a driver to lose focus, but the following are the most common.

Cell Phone Use

Manipulating a cell phone while driving increases crash risk. With more people owning mobile phones, the problem will only worsen.

A driver using a mobile phone is at higher risk of being in a crash than one who isn't. Cell phone usage is dangerous because it encompasses three distractions — visual, cognitive, and physical. Many states have hand-held bans to combat distracted driving and only allow exemptions for selected emergency and law enforcement agencies.

Safety starts with yourself, and legislation can only do so much. While driving, you should:

Put your phone on do not disturb mode.
Set up an auto-response voicemail or text if possible.

If you need to take a call, safely pull over to a rest stop.

Out-of-Vehicle Distractions

Outside distractions, like cell phone distractions, affect a driver's ability to drive safely. Some distractions outside the vehicle include:

Road under construction
Signage and advertising
Pedestrians
Civilians under arrest

Drivers usually can't help themselves when staring at accidents that have caused a snarl-up as they pass them.

So-called “rubbernecking” is risky behavior that increases the chances of collision. Rubbernecking is a conscious decision to stare outside rather than pay attention to the road. As a result, you may not have any time to react. By doing so, you put yourself and other road users at risk.

The most frustrating part is that the behavior is preventable. One of the best approaches is to drive defensively and assume other drivers are just as distracted.

Eating or Drinking

Though you may never have considered it, eating that drive-thru burger as you’re on your way home increases your chances of an accident. Like other distractions, eating or drinking may impede you from reacting fast enough to changes in traffic.

The risky behavior of eating while driving poses a visual, cognitive, and physical distraction from the wheel.

A driver must take their eyes away from the road to unwrap fast food. The driver has to take their hand from the steering wheel to hold the food. And the driver is also mentally distracted by eating and avoiding spillage.

Some commonly problematic food and beverages include:

Hot liquids : Hot coffee and soups risk scalding the driver and may cause an unfortunate reaction on the road.
Food items that fall apart easily : Burgers, sandwiches, and burritos require concentration to manipulate single-handedly. A driver trying to clean up the gooey mess may cause an accident.

The bottom line is that eating while driving poses an unreasonable risk. If you need to eat, ask the assistance of a passenger to hold your food at mouth height, or pass you a fry at a time.

Daydreaming

A driver getting lost in thought while driving is the leading cause of distracted driving and accounts for 61% of fatal crashes.

Driving demands full attention at all times and can be monotonous. That is why experts recommend passive engagement to counteract inattentiveness behind the wheel. For instance, listening to a podcast can keep the mind engaged.

If you find yourself wandering, be mindful as you recognize it. Focus on driving and deal with distractions once you reach your destination.

Although we all are prone to distraction, the key is consciously changing this behavior. Distracted driving can lead to devastating consequences in any situation. Causing a distracted driving accident can result in civil and criminal liability.

If you or someone you love has been in a serious car accident caused by a distracted driver, contact our lawyers today for a consultation.

5 Steps to Take After a Vehicle Accident

Thu, 20 Oct 2022 18:08:19 GMT

Millions of vehicle accidents happen in the United States every year. If you are unfortunate enough to be in a vehicle accident, you may suffer injuries and other consequences. These consequences can be greater if you don't take some steps immediately after the accident.

Read on to learn what you should do if you are involved in a vehicle accident.

1. Check for Injuries

You should quickly check yourself and the other vehicle occupants for any injuries. If you can't do the checking, ask a nearby person to check you and the other vehicle occupants.

Also, check people in the other vehicle or even passersby who were part of the accident. If your injuries are serious, remain still and wait for help.

2. Call Law Enforcement

Most states have laws that require reporting all accidents that result in injuries or death. The regulations may also require reporting if the accident is a DUI or hit-and-run. Hence, dial 911 to contact law enforcement officers and report the accident. The investigating officers will come to the accident scene and help the injured.

The law enforcement officers will also write a report about the causes of the accident. Ensure that you have a copy of the report and confirm if it indicates who was at fault. Also, confirm that the investigating officer has recorded the insurance information of all the involved parties. Furthermore, document the officer's details, including the officer's name and badge number.

3. Exchange Information

You should also exchange information between yourself and the other driver. Avoid the temptation to solve the problem among yourselves since this can land you in trouble later on. Instead, only provide the most necessary information, and don't admit guilt until after you have talked to a lawyer. Ideally, you should only give out your insurance details and name.

On the other hand, the other driver should provide you with specific information to assist in processing your claim. Make sure that you record the driver's contact details and full name. Also, examine the other driver's license and take a picture. Don't forget to note the model, color, and type of the other vehicle.

4. Document the Crash

Even if the investigating officers document the crash, you need to document the crash as well. Here is what you can document:

Pictures of your vehicle and the other driver's car
A picture of the other vehicle's license plate
Time and date of the vehicle accident
Names and contact details of witnesses

Also, write personal notes on what happened during the accident. You can even draw a diagram to illustrate the accident.

5. Notify Your Insurer

You can reach out to your auto insurance provider before you leave the accident scene. Many insurance providers have mobile apps that can pinpoint your location and enable easy processing of your claim.

In addition, the insurance provider can advise you on what information to collect from the accident scene. Some insurance providers also help with towing your vehicle away.

6. Notify the Department of Motor Vehicles

Whether you have to notify the department of motor vehicles depends on your location and the severity of the accident. The notification will be in the form of an accident report that you prepare in a specific format.

You don't have to notify the DMV immediately, but some states have a reporting deadline. Check your state DMV website for the exact details.

Work With a Personal Injury Lawyer

If you got injured as a result of a vehicle accident, reach out to Wegner & Associates. We are a personal injury law firm that deals with many types of personal injury cases, including auto accident injuries. Contact us today to get started.

Tips to Hire a Personal Injury Lawyer

Mon, 26 Sep 2022 16:05:50 GMT

Personal injury cases come with many challenges that make them complex and time-consuming. Because of the nature of these cases, a professional personal injury attorney is significant to the success of your case and faster compensation for your injury. Also, an injury attorney will support you emotionally to help you manage psychological issues like stress and recover smoothly.

Check out these tips on how to find the best lawyer for your personal injury case.

Confirm the Charged Legal Fees

Personal injury attorneys charge differently for their legal services based on several factors like the case's complexity. More complex injury cases require more focus, attention, and time from the lawyers, so higher billable hours are necessary. Also, more experienced personal injury attorneys are more competent but charge higher hourly rates than inexperienced attorneys.

Common legal fees charged by personal injury attorneys include flat fees, consultation, referral, and contingency fees. A contingency fee agreement is the best option as it will allow you to file an injury lawsuit even if you can't afford the attorney at the moment. Also, a contingency fee agreement is flexible since you will only pay the attorney if they win your case.

One way to manage the fees charged by a personal injury attorney is to compare estimates from several attorneys. Estimates will give you good grounds to negotiate for a fee reduction in case you find an attorney beyond your budget. Also, a clear breakdown of the fee structure from the attorney will save you from hidden expenses throughout your case.

Consider the Attorney's Specialization

Personal injury law is a vast field, so hire an attorney with a successful work history in your case. An injury attorney who specializes in your case will guarantee you better results and give you value for your money. Also, the attorney will be able to guide you in every step of your case and save you from errors that would cost you later.

Common injury attorney practice areas are medical malpractice, auto accidents, product liability, and wrongful death.

Medical malpractice happens when health specialists negligently perform their duties and cause misdiagnoses, bedsores, birth injuries, anesthesia, or surgical errors.

Auto accident cases get filed when drivers or motorcyclists deliberately ignore traffic laws and cause accidents that injure other people.

Product liability occurs when you sustain injuries because of hazardous products.

Wrongful death is when your loved one dies because of another person's recklessness.

One of the best ways to know a personal injury attorney's specialization is to do a thorough online research first. Check the attorney's website on the practice areas page before you make up your mind. Also, a consultation with the attorney will allow you to know the types of injury cases they deal with.

Consider the Attorney's Trustworthiness

A personal injury case is sensitive and tedious, so you need an attorney who will not give up on you. A trustworthy personal injury lawyer will believe in your case and handle it as his or hers. Also, a trustworthy injury attorney will professionally handle the insurance company to help you recover fair compensation.

Accreditation or licensing is one of the signs that the personal injury attorney you intend to hire is trustworthy. All accredited personal injury attorneys in Indiana have their profiles on the Indiana State Bar Association. A clear payment structure and positive online reviews on the attorney's website are other signs that the attorney is reliable and reputable.

The success of your personal injury case will have much to do with the attorney you hire. Wegner & Associates is a trustworthy and accredited injury attorney that can help you recover the fast and fair compensation you deserve. Contact us today for a free consultation.

What Are the Possible Causes of Wrongful Death?

Mon, 26 Sep 2022 15:59:56 GMT

Wrongful death is a legal term used to describe a death that results from the negligence or wrongful acts of another person or entity. While losing a loved one due to someone else's negligence is always tragic, knowing the potential causes of wrongful death can help you be better prepared to protect your family and seek justice if the unthinkable happens.

Read on to learn some causes of wrongful death and when death legally qualifies as wrongful.

Auto Accidents

While some causes of car accidents — such as weather conditions — are out of the driver's control, most result from human error.

Common examples of driver negligence that can lead to car accidents and wrongful death include:

Influenced driving
Distracted driving
Reckless driving
Fatigue driving

For a car accident death to be considered wrongful, negligence must have been the direct cause of the accident. For example, if a drunk driver rear-ends another car and kills the driver, that would be considered wrongful death.

Medical Malpractice

Unfortunately, not everyone who goes to the hospital for treatment lives. While some causes of death are due to pre-existing conditions or unforeseen circumstances, others result from medical errors.

Medical malpractice covers a wide range of specialties and procedures. Some of the most common causes of death due to medical malpractice include misdiagnosis or delayed diagnosis and surgical errors.

If you have lost a loved one due to what you believe was a preventable error on the part of a medical professional, you may have grounds for a wrongful death claim.

Workplace Accidents

A workplace accident wrongful death can occur due to:

Fires
Explosions
Exposure to hazardous materials
Falls from great heights

Deaths from such incidences are termed wrongful if the employer knew of the hazardous conditions and did not take steps to mitigate the issues or if the employee wasn't adequately trained to handle the situation.

For example, suppose an employee is working with a dangerous chemical without the proper safety gear, and the worker becomes sick and dies. If the employer knew of the hazard and did not take steps to protect the employee, the death could be considered wrongful.

Defective Products

When you purchase products, you generally expect them to be safe for use. But sometimes, products are defective and can cause injuries or even death.

For instance, suppose you buy a car with defective brakes that fail while driving and result in an accident. That would be considered wrongful death. You may also purchase a faulty household appliance, like a space heater, that starts a fire and causes the death of a family member.

Other common examples of defective products that have caused wrongful death include faulty medical devices. In such cases, you may be able to file a wrongful death claim against the manufacturer of the defective product.

Homicide

While some homicides are accidental, others are intentional. For example, if your loved one dies during a robbery, that would be considered wrongful death. In addition, if your loved one's death results from any type of assault, that qualifies as wrongful death.

No matter the cause of your loved one's death, if you believe that another person or entity is responsible, you may be able to file a wrongful death claim. However, filing a wrongful death can be complex, so you should hire an experienced wrongful death attorney to help you through the process.

C. Dennis Wegner & Associates is your trusted law firm to handle wrongful death claims. We understand the ins and outs of the law, and we will fight to get you the compensation you deserve. We will evaluate your case to establish if you have a viable claim and help you navigate the process every step. Contact us today for a consultation.

Common Injuries With Delayed Symptoms After a Car Accident

Wed, 17 Aug 2022 20:06:28 GMT

While some car accident injuries are immediately apparent, others may not manifest until days or weeks later. Therefore, don't ignore the need for a medical evaluation after a car accident, even if you feel fine.

Discover some of the most common injuries with delayed symptoms after a car accident.

Whiplash

Whiplash happens when your head is suddenly whipped forward and backward, resulting in strain on the muscles and ligaments in your neck. Whiplash is a prevalent car accident injury, but the injury's symptoms may not appear until days or even weeks after the accident. You may begin to experience neck pain, stiffness, headaches, dizziness, or fatigue immediately. These symptoms may worsen over the next few days as inflammation sets in.

Traumatic Brain Injury

A traumatic brain injury (TBI), also known as concussion, occurs when your head hits an object or is subjected to a sudden, violent jolt. A TBI can range from mild to severe, and the symptoms may not be immediately apparent.

Some common concussion symptoms include headache, dizziness, nausea, confusion, mood changes, and sleep problems. Unfortunately, these symptoms may not appear until days or weeks after the accident.

See a doctor immediately for a proper diagnosis and treatment if you experience any of these symptoms after a car accident.

Internal Bleeding

Internal bleeding is a severe condition that can occur after a car accident, even if you don't experience any visible injuries.

Internal bleeding happens when an organ or blood vessel is damaged, and the blood leaks into the body cavity. The injury commonly occurs if you hit your seatbelt during the accident.

Symptoms of internal bleeding include abdominal pain, chest pain, shortness of breath, dizziness, and lightheadedness. See a doctor immediately if you experience any of these symptoms after a car accident. The injury is a medical emergency and can be fatal if not treated immediately.

PTSD

Car accidents, regardless of the severity, can be traumatic. For example, you might develop post-traumatic stress disorder (PTSD) if you are involved in a life-threatening accident.

You may seem fine hours or days after an accident. But you may start to experience symptoms of PTSD weeks or even months later. These symptoms can include flashbacks, nightmares, anxiety, depression, and difficulty sleeping. If you don't manage the symptoms, they can become debilitating.

If you experience any of these symptoms after a car accident, seek help from a mental health professional. You can manage the symptoms and live a healthy, fulfilling life with treatment.

Back Injuries

Car accidents often result in minor to severe back injuries. The most common back injuries after a car accident are herniated discs, spinal cord injury, and spinal fractures. Whichever type of back injury you may have, the symptoms may not appear until days or weeks after the accident.

The most common symptom of a back injury is pain. However, you may also experience numbness, tingling, weakness, and muscle spasms. Seek immediate medical attention for proper diagnosis before the symptoms worsen.

As a type of back injury, spinal injury is among the most severe injuries resulting from a car accident. If you don't treat the issue immediately, the injury may escalate to cause paralysis. Although the severe symptoms of a spinal cord injury may not manifest immediately, you may experience back pain, balance problems, and difficulty walking right away.

If you experience any of the above injury symptoms after a car accident, see a doctor immediately and get a proper diagnosis. You will need the medical reports to file a personal injury claim. Also, seek assistance from a reputable attorney to help you get the compensation you deserve.

You can trust us at Wegner & Associates to guide you through the claim filing process and help you get the compensation you deserve. Contact us for more inquiries about delayed injuries after car accidents.

Key Factors That Determine the Value of Personal Injury Claims

Wed, 17 Aug 2022 20:02:23 GMT

If you have suffered a personal injury, you likely want to know how much you will receive if you win your compensation claim. Personal injuries vary in different aspects and have different effects. So, a one-size-fits-all solution does not exist for all cases. Instead, various factors determine the compensation you get after a personal injury. Discover five such factors.

The Severity of Injuries

Personal injuries come in different types and severities that range from soft tissues to major damage. Minor injuries with shorter recovery time and less severe effects receive lesser compensation. Examples of injuries that do not attract high reimbursement are small cuts, whiplash, and bruises.

Conversely, injuries that inflict more pain and emotional distress attract higher compensation. Severe personal injuries include traumatic brain injury, spinal code damage, and fractures. If the injuries lead to long-term damage such as disability, the value of your compensation increases.

The At-Fault Party

You can only receive compensation if the defendant is majorly at fault for your injuries. States have different laws about the effect of liability on the total amount you receive. In most states, you can only claim compensation if you are less than 50% liable for your injuries. Even then, you will receive the total amount decreased by your liability percentage.

Liability can wipe out your entire compensation if you give false information to the court. For instance, if you fail to admit liability and the jury finds out, the court could dismiss your claim. Also, how well you answer questions in court impacts the outcomes of the proceedings. So, you have the upper hand if you hire an excellent personal injury attorney.

The Cost of Treatment

The type and extent of your medical treatment are crucial in your claim's valuation. For example, a lengthy hospital stay, prescription medication, and long-term therapy increase the amount you receive. In addition, you must prove that any injury you seek compensation for is from a personal injury occurrence and not preexisting conditions.

The type of hospital and treatment also determine your compensation amount. For example, hospital and physician treatments attract higher claims than chiropractor treatments. Finally, always seek medical help immediately after a personal injury situation. Otherwise, the defendant's lawyer may argue that the injuries do not stem from the occurrence.

The Value of Lost Income

Some personal injuries cause lengthy recovery periods that keep you out of work or business. In worse cases, you may suffer permanent physical injuries that render you unable to work. In such cases, the at-fault party reimburses you for loss of wages and future income.

Lost income increases the value of your claim if you can submit the relevant documents. To do so, keep track of the days you have missed work or lost business to calculate your total earnings. Also, work with your company's human resource manager or get the documentation that proves lost profits in your business.

The Distress You Face

Personal injuries result in non-physical damage such as anxiety, depression, and fear. Distress can result from the personal injury occurrence or the injuries you have suffered. Emotional hurt is difficult to prove unless you seek help from a professional mental health professional. The injury attorney you hire also plays a crucial role in gathering the needed evidence.

The monetary amount you claim depends on your specific situation. You must present enough evidence to showcase the severity of your emotional distress. A reputable lawyer can document the personal injury's long-term mental and emotional effects.

If you get injuries due to someone else's negligence, you would want the at-fault party to compensate you. Excellent legal representation is paramount to fair compensation. Therefore, whenever you need lawyers to fight for your claim, look no further than Wegner & Associates . You will receive professional help from reputable and competent lawyers.

Common Causes of Personal Injury

Thu, 28 Jul 2022 15:48:38 GMT

Though avoidable, accidents happen, especially on roads and when working with machines. Most accidents lead to injuries, sometimes needing medical attention, or even cause permanent disability or death. However, to claim compensation for your injuries, the injuries must result from another person's negligence.

In such a case, the person at fault or their insurer should compensate you for the pain caused by your injuries and any other damages, like loss of income and medical expenses. Read on to discover some common causes of personal injury.

Slip and Fall Accidents

A slip and fall is a personal injury case based on an accident in which someone sustains injuries after tripping or falling on another person's property. Many things can trigger this type of accident, but wet floors or uneven surfaces are the main culprits for slip and fall accidents.

For example, you can file for compensation if you fall and break your limb due to a wet floor at a local grocery store. To prove that the property's owner is at fault, you must provide evidence that shows they were aware of the hazard and negligently failed to correct it or that shows they knowingly created the hazardous condition.

Automobile Accidents

Motor vehicle accidents are a leading cause of death in the US — more than 100 people die every day due to motor vehicle crashes in our country. Victims of automobile accidents include other motorists, cyclists, passengers, or pedestrians.

Since most car accidents happen due to reckless driving, drunk driving, unsafe roads, fatigue, bad weather, or faulty vehicles, you can file compensation if the other party is at fault.

Construction Site Accidents

A construction site is a dangerous work environment, especially if the workers don't follow safety guidelines strictly. Numerous safety hazards exist at a construction site from machines and equipment to the materials used.

Most injuries at construction sites result from accidents like electric shocks, falls from heights, faulty machinery or equipment, and slip and fall accidents. To get compensation for construction site injuries, you must prove that the site manager or owner is at fault.

For example, you can file for compensation when a faulty machine injures you at a construction site if you can prove that the machine was not inspected or serviced.

Dog Bites

Dogs are popular pets in the US, meaning many households own at least one dog. While dogs are lovable, they can harm strangers if the dog is not well trained.

A dog bite can range from a harmless scratch to a life-threatening wound that may require expensive treatment procedures. If a dog bites you, the owner should compensate you for physical and emotional damages as well as medical expenses.

Medical Malpractice

Medical malpractice is any negligence by a healthcare provider that causes injury to a patient. For example, a misdiagnosis or misleading laboratory results could lead to severe illness or even death because the doctor treats the wrong disease.

However, to receive compensation for a medical malpractice claim, you must prove that the medical practitioner violated the standard of care and that you sustained injuries because of the negligence.

Also, due to the high cost of pursuing medical malpractice, the damages caused by the injury should be significant, like permanent disability, pain and suffering, huge medical bills, or loss of income.

The list of causes of personal injury is extensive, but each of these cases can negatively impact a victim's life. Therefore, no matter the cause of your injury, you deserve compensation if another person's negligence is at play. At Wegner & Associates, we are committed to fighting for our clients' right to compensation. Contact us today for a free consultation.

Common Characteristics of Catastrophic Injuries

Tue, 12 Jul 2022 19:56:04 GMT

Catastrophic injuries are severe and demand greater compensation than other injuries. The legal community does not have a single definition of catastrophic injury; the circumstances of an injury determine whether it qualifies as catastrophic.

However, catastrophic injuries have a few common characteristics that you can use to evaluate your injury. Read on to learn about some things catastrophic injuries have in common.

Severe Scarring, Disfigurement, or Deformation

Severe scarring, disfigurement, or deformation affects a sizable part of the body, is easily noticeable, or affects prominent body parts. For example, a scar across the forehead is more severe than a similarly sized scar across the back.

Injuries that extend deep into your tissues, take a long time to heal, or extend over large body parts typically cause severe scarring and disfigurement. Injuries that affect the musculoskeletal system usually cause deformation. For example, a third-degree burn is more likely to cause catastrophic injuries than first-degree burns that may not even blister the skin.

The Loss of Limbs

Most courts will agree that injuries that cause loss of limbs are catastrophic. Loss of limb can occur in three different ways.

Severance During Accident

Some accidents, such as those that occur at high impact or involve sharp objects, can sever your limbs. For example, you might lose a limb if your car rolls during an accident and crushes your arm.

Post-Accident Amputation

You can also lose a limb in an amputation, for example, if the limb's injuries are so severe that doctors don't expect you can ever use it again despite the best treatments. A post-accident infection can also damage your limb to the point where the doctor must amputate it.

The loss of a limb is a catastrophic injury for several reasons. For one, a limb is a major part of the body whose loss can affect the rest of your life. For example, an athlete who loses a limb might not perform at their pre-accident level for the rest of their life. Secondly, a limb is a part of the body that is easily noticeable if it is missing.

Hearing or Vision Impairment

Vision and hearing are some of the most critical senses for most people. Many people use their senses of hearing and vision to:

Communicate with their loved ones
Study or learn things
Execute their work duties
Interact and socialize with other people

Thus, losing hearing or vision can affect multiple aspects of your life and qualify as a catastrophic injury.

Cognitive Problems

Catastrophic injuries are not always physical; some are mental or psychological. For example, traumatic brain injury (TBI), which occurs due to bruising of brain tissues, can cause psychological effects. One of these psychological effects is cognitive impairments, such as:

Memory impairment
Concentration difficulties
Decision-making difficulties
Language problems

Cognitive impairment is not a visible injury, but that does not make its effects less damaging. For example, you might struggle to hold jobs if you have severe cognitive impairment.

Long-Lasting or Permanent Effects

Lastly, injuries with long-lasting or permanent effects also qualify as catastrophic. Most of the characteristics above automatically lead to long-term or permanent injuries, but there are more. For example, spinal cord injuries usually last long, even without extensive physical symptoms. Internal organ injuries can also create long-term health problems.

Every personal injury deserves adequate compensation. However, the stakes are high with a catastrophic injury since its effects can affect your life more than other injuries. Wegner & Associates can help you value your injury claim, gather the necessary evidence, and collect the damages you deserve. Contact us to evaluate your case and determine the next steps.

5 Distinctive Features of Motorcycle Injury Claims

Mon, 20 Jun 2022 15:26:44 GMT

Owning a motorcycle has numerous benefits, such as easier parking, fuel efficiency, and the right adrenaline for fun activities. On the flip side, motorcycles are prone to many accidents every year.

Unlike other motor vehicle accidents, you may have trouble pursuing a motorcycle injury claim and need an experienced attorney's help. This piece explains various issues that make motorcycle accidents unique and how a lawyer can help.

1. Bias and Prejudice Against Bikers

Following up on compensation for motorcycle accidents can be a challenge because some people believe that bikers are negligent. Bias may occur in different stages after an accident, such as in police reports, medical reports, jury selection, and defense attorney statements.

With the help of an attorney, you can overcome the biases when you follow up on your claim. For instance, during jury selection, they will question potential jurors if they have any biases against motorcycles and help select jurors who make impartial decisions. Furthermore, they will object to and challenge any defense attorney's prejudicial statements at a court hearing.

2. Severity of Injuries

Motorcyclists suffer more severe injuries than other motor vehicle users because they lack the protective features of an enclosed car, such as seatbelts and airbags.

The fatal nature of motorcycle accidents makes stakes in compensation claims higher than those in normal car accidents. An attorney will help you negotiate a higher compensation based on the severity and the long-term effects of an accident.

3. Liability

In most motor vehicle accidents, the other driver is usually to blame in an accident. The case is different with motorcycles accidents, as parties such as road designers, employers, bike manufacturers, and government agencies can all be liable. An attorney will help expound on the list of liable parties to ensure you get the compensation you deserve.

They will also assist you with gathering evidence from the accident scene, collecting riding records, and challenging false statements in court. You may not be able to follow up on these issues on your own while you also deal with treatment. An attorney helps speed up the process.

4. Helmet Issues

Ideally, you should wear a helmet as part of motorcycle safety procedures. After an accident, an insurance company may refuse to compensate you for medical injuries because you did not have a helmet.

Failure to wear a helmet may contribute to the severity of injuries but should not completely throw off your case. An attorney will help you analyze and argue comparative fault to prove that other factors, such as the other driver's negligence, contributed to the accident. They will prove this by providing medical reports and police and witness statements of the accidents.

5. Attorney Fees

One of the biggest worries people have when they hire an attorney is whether they can afford legal fees. The severity of motor accident claims attracts a lot of money in compensation claims, which means you will have to pay a high amount in legal fees. That scares many people as they think they will not afford to pay the money if the claim is unsuccessful.

However, attorney fees should not be your primary concern. Like other motor vehicle claims, attorneys on motorcycle accidents often work on a contingency basis. That means you will only pay them after they complete the case and when the insurance pays the settlement.

Hire an experienced attorney to help you recover any losses or damages from a motorcycle accident. One such service provider is Wegner & Associates. Contact us after a motorcycle accident to help understand your rights, collect and preserve evidence, negotiate for a better settlement, and represent you in court.

Factors That Affect Your Recovery From Auto Accident Injuries

Thu, 28 Apr 2022 14:40:19 GMT

Auto accident victims require different times to recover. The recovery duration determines your damages since it determines your pain and suffering, time off from work, and medical treatment, among other things. Below are the major factors that determine your recovery after an auto accident.

Affected Body Part

Different parts of the body heal at different rates. Discover a couple of reasons for the differences:

Some body parts have more blood supply than others. The blood cleans the affected tissues and supplies them with oxygen and nutrients.
Some body parts are in constant motion, which stresses the affected tissues and slows healing.

For example, the elbows and knees have slower healing times, while the mouth and fingers heal fast. The affected body part will determine how fast you resume your pre-accident life.

Injury Extent

Auto accident victims with severe injuries take longer to recover than those with minor injuries. For example, fractures and organ damage can take longer to heal than sprains. Discover some factors that affect your injuries' extent:

The cars involved in the accident (for example, some cars absorb accident impacts better than others)
The respective speeds of the cars involved in the crash
Your sitting position and the impact position
The nature of the accident (for example, rollovers usually cause severe injuries)
Your seatbelt use

From the above, you can see that speed is not the sole factor in auto accident injuries. Never assume that your injuries are minor after a low-speed crash. For example, a minor fender bender can leave you with long-term injuries if it affects your knee.

Medical Treatment

Medical treatment is arguably the most critical determinant of injury recovery times. Below are the major treatment-related factors.

Treatment Immediacy

The time between your injuries and your first treatment affects your recovery. The sooner you get treatment, the faster you may recover. For example, immediate treatment means getting first aid and a fast diagnosis. The swift treatment also prevents health complications down the line.

Treatments Received

Your treatments should match your injuries for you to recover fast. For example, your general physician may refer you to a neurosurgeon if you have a head injury. In such a case, neurosurgical treatment may accelerate your recovery, while its absence might prolong your ill health.

Instruction Adherence

Injury patients who work with their doctors often recover faster than those who ignore their doctors' instructions. For example, the doctor may advise you to avoid mixing alcohol with certain drugs. Whether or not you heed the advice affects your recovery time.

Pre-Accident Health

Your overall health at the time of the accident affects your recovery in multiple ways. Discover some ways different aspects of your health can affect your recovery:

Your immune system's strength determines your vulnerability to infections (among other things).
Ongoing mental health issues, such as stress and anxiety, slow down your recovery.

Luckily, the eggshell skull rule means the defense cannot hold your pre-accident fragility against you.

Diet, Rest, and Exercise

How you eat and what you do during your recovery affects your physical and mental health, which affects your recovery. For example, your body requires good nutrition to grow new tissues and adequate calories to provide you with the energy.

The need for rest and physical exercise might seem contradictory, but it is not. On the one hand, you should avoid extreme physical exertion that might hinder blood clots, usurp your energy, and cause further tissue damage. Physical exertion is especially dangerous in the early days. On the other hand, controlled physical therapy increases blood flow and encourages recovery.

Wegner & Associates has over 40 years of experience in personal injury law. Contact us for a consultation on your personal injury case to help you recover your damages.

Private Premises Liability Laws and When You Deserve Compensation

Wed, 27 Apr 2022 22:50:09 GMT

Premises liability laws hold property owners or occupiers liable for injuries on their properties. These laws apply to both public and private property owners. Read on to learn some examples of injuries on private properties that fall under premises liability laws.

Animal Attacks

People keep animals as pets, guards, or for emotional support. Those who keep animals in their homes must keep their visitors safe from the animals irrespective of their purpose. Animals cause injuries when they bite or scratch people or other animals. You have the right to sue for damages in case of a domestic animal attack.

Multiple parties might be liable for your damages after an animal attack. Examples include:

A homeowner or tenant who keeps the animal
The person looking after the animal, such as a dog sitter, at the time of the attack
The parents of the dog owner, in case the owner is a minor
A negligent property owner who allowed a tenant to keep a dangerous animal

Therefore, don't assume that the dog owner is solely liable for your injuries. Instead, evaluate the circumstances of your attack and your state laws to identify all the liable parties.

Slip/Trip and Fall Accidents

You only deserve compensation for a slip or trip and fall accident if someone's negligence caused the accident. Common causes of slip or trip and fall accidents in private residences include:

Uneven surfaces, such as torn flooring
Slippery surfaces, such as ice or snow-covered surfaces
Debris, such as carelessly kept tools

Whatever the accident's cause, you have to prove that:

The defendant knew or should have known about the danger

The defendant did not act to prevent the danger or warn you with proper signage
The danger caused your accident
You suffered real damages

Again, multiple parties might be liable for your slip and fall accident. For example:

Landlords are liable for slip and fall accidents in common areas, such as parking lots or hallways
Homeowners are liable for accidents in their homes
Tenants are liable for injuries in their rented properties

Consult a premises liability lawyer to assess your accident and identify the liable party.

Swimming Pool Injuries

As enjoyable as swimming pools are, they are also dangerous. Swimming pool injuries include:

Drowning or near-drowning
Electrocution
Diseases, such as recreational water illness that germs or pool chemicals cause

Many swimming pool injuries occur because:

People swim while intoxicated
People misjudge their swimming abilities
Children swim without supervision
Pools lack the right chemical treatment
Pools' electrical systems fail

You must prove that the swimming pool owner allowed children to swim unsupervised or failed to maintain their pool properly. Many states have specific regulations for swimming pool maintenance and protection. Use such regulations to prove the defendant's liability for your swimming pool injury.

Children's' Recreational Equipment

Many homes have recreational equipment in their yards for children to enjoy. Examples of such recreational equipment include:

Swing sets
Trampolines
Playhouses
Seesaws
Slides

All of these pieces of equipment have their dangers. However, children's recreational equipment typically causes injuries if:

Children use them without supervision
Users don't observe age-appropriateness
Owners don't maintain the recreational equipment

Most of the injuries affect children since they are the ones that use the equipment. However, the law does not allow children to file claims lawsuits. A parent, guardian, or court-appointed person can file the claim on behalf of the child.

You deserve compensation whenever someone else is responsible for your injuries. Don't stress over the personal injury laws that govern your claim. Contact Wegner & Associates and let us use our expertise and experience on your case. We will investigate your injuries, apply the relevant laws, and help you get the compensation you deserve.

Your Dog Bite Questions Answered

Wed, 08 Dec 2021 05:31:47 GMT

If you've been injured by another person's dog, you may have a lot of questions, especially if you were injured enough to require medical attention. Dog bites can range from minor scratches to major nerve and structural damage. If you would like to know more about dog bites and your rights, check out these three commonly asked questions.

1. What Is an Owner's Responsibility?

Depending on where you live, your state may follow strict liability laws or one-bite laws. Strict liability means a dog owner is nearly always responsible, regardless of the dog's history or the owner's negligence. With the one-bite rule, the owner is usually only held responsible if they knew the dog had a history of aggression or bites.

For the most part, Indiana is a one-bite state. Therefore, to get a fair settlement, you must prove the owner knew about the risk. This doesn't necessarily mean the dog has bitten someone in the past. Even a history of trying to attack people, jumping at people, chasing people, etc. could be enough to prove the owner knew the risk. In one-bite states, you may also have to prove negligence.

When it comes to local, federal, and state officials, however, Indiana follows strict liability laws. This means that if a dog bites a mail carrier, census worker, etc. the owner could be held responsible, even if the dog had no history of aggression and the owner wasn't negligent.

2. What if You Instigated the Attack?

In some cases, you may instigate the dog attack, and, in these cases, you may not qualify for a settlement.

One of the worst ways to provoke a dog is by trespassing. Some dogs, especially larger ones, have been trained to protect their property, so if you trespass and get hurt, you may be out of luck. However, if the property is a popular place to trespass, the owner may have some level of responsibility to protect or warn trespassers about the dog.

Of course, there are other ways you can instigate a dog attack. Some people may go out of their way to tease a dog, poke it, stare at it, growl, etc. If this causes the dog to attack you, especially if the owner warned you, you may not qualify for a settlement.

Unfortunately, you don't have to have purposely tried to bother the dog. You may have accidentally stepped on its tail or approached it while it had a snack. If this aggravated the dog enough to attack you, it can affect your settlement offer.

3. How Much Money Can You Get for a Dog Bite?

As with any personal injury, the amount you get largely depends on your injuries. At the very least, however, if you win your case, you will be awarded money for medical bills and any lost income related to the attack and treatment for the attack. Property damages may also be awarded if the dog also damaged your belongings.

Dog bites, however, can be incredibly traumatic. Sharp teeth and massive pressure can crush bones, smash muscles, and damage nerves. This could lead to permanent disfigurement, scars, impairment, nerve damage, etc. Moreover, the attack could leave you afraid of other dogs. For this reason, many people also sue for pain and suffering.

If the owner was purposely negligent or went out of their way to make sure their dog attacked you for no reason, you may get additional money called punitive damages. Punitive damages have nothing to do with you; they are designed to punish the dog owner.

Dog bites can be horrific and leave people scared and scarred for life. Typically, if you can prove negligence, you can get a fair settlement. If you would like to know more, contact us at Wegner & Associates, attorneys at law.

An Overview of Tort Reforms

Wed, 08 Dec 2021 05:27:51 GMT

A tort is a civil wrong that results in another party's loss or harm and triggers a legal liability for the party who causes the wrong. Personal injury cases fall under torts. Tort reforms are a group of legislative changes that change the way these injury claims work. Below is an overview of tort reforms.

The Major Reforms

Tort reforms take different forms and have multiple objectives. Below are some of the areas tort reforms cover.

Shared Liability

States handle shared liability in different ways. One example is joint and several liability, which holds a single defendant liable for damages that a group of defendants has caused. Some tort reformers argue that the legal principle is unfair and states should eliminate it.

Damages

Reformers have enacted or proposed different changes to damages. For example, some people have called for:

Limits on punitive damages
Damage settlement in installments
Limits on non-economic damages

Proponents of these reforms argue that damage payments sometimes cause an undue burden on defendants.

Contingency Fees

Injury lawyers typically charge their fees as a percentage of the settlement money. A contingency fee is the legal language for such charges. Some people want to limit how much lawyers can charge as contingency fees.

Dispute Resolution

You can resolve a tort claim in different ways. For example, you can:

Negotiate with the defendant one-on-one
Have a mediator help you negotiate with the defendant
Have an arbitrator help you settle with the defendant
Litigate the case in court

Some tort reformers argue that litigation is time-consuming and costly. They want tort laws to force defendants and plaintiffs to try alternative dispute resolution methods before litigation.

Arguments For

Proponents of tort reforms have strong arguments for their stance. For example, they argue that:

Juries are typically over-sympathetic to injury victims and can award unreasonable settlement amounts.
Unreasonable jury verdicts increase the cost of doing business and affect society.
Tort cases consume resources that the government and society can spend elsewhere.
Many frivolous cases end up in court even though they shouldn't.

According to proponents of these reforms, the changes will benefit everyone, from defendants to injury victims, and even the government.

Arguments Against

Tort reform is not without its opponents. For example, some people claim that:

Juries should be free to award whatever amounts they think necessary as damages because that is how democracy works.
Many of the proposed tort reforms are unconstitutional.
Everyone should be maximally liable for the harm their actions might cause.
Tort reforms will discourage lawyers from handling cases.

Strong claims from both sides of the divide mean tort reforms usually take a long time to enact, if at all.

Effect on Injury Cases

Tort reforms have already affected different forms of torts in various ways. For example:

The reformers have mostly succeeded with medical malpractice law. Damage caps exist, litigation has fallen, and pre-lawsuit actions have increased.
Reforms on personal injury cases, such as auto accident claims, have been minimal, especially on economic damages.
Some states have targeted specific injuries for the reforms. For example, at least one state requires victims of asbestos exposure to get a medical diagnosis before filing a claim.

The debate on tort reforms has not ended, and further effects might arise in the future. What is true today might not necessarily be true tomorrow.

Fortunately, you don't have to be conversant with all the latest tort reforms. Wegner & Associates have practiced personal injury law for over 40 years. We will explain how tort reforms can affect your case and give you measures you can take to maximize your recovery. Contact us for a free initial consultation to review your case and determine how to proceed.

5 Things You Can Sue Your Domestic Violence Abuser For

Mon, 01 Nov 2021 17:55:19 GMT

Domestic violence victims have the same rights as other crime victims. You have the right to seek justice against your abuser through the criminal court system. But you can also file a civil suit against your abuser and seek compensation for expenses you have incurred or will incur during your recovery. Here are a few areas of compensation you may consider.

1. Medical Expenses

Physical abuse can cause a wide range of injuries. Some injuries are much more severe than others. Unfortunately, only 34% of people injured in an abusive yet intimate relationship seek medical care. Failure to seek treatment may be due to the fear of reporting how they received their injuries or due to the abuser's prevention.

If you have incurred medical bills related to your abuse from the time period you were in the abusive relationship, you may be able to recover the cost of your treatment. Be prepared to provide copies of your medical bills.

2. Lost Wages

Approximately 8 million days of paid work per year are lost due to domestic violence. Some of these lost wages may stem from the following:

Your abuser not allowing you to go to work
Injuries you sustained making you unable to work
Fear of your abuser coming to your place of employment

Between 21-60% of domestic violence victims lose their employment due to abuse-related reasons. Whatever the reason, if you missed work or lost your job due to your abuse, you may be able to sue your abuser for the lost wages you incurred.

3. Mental Health Counseling

91% of domestic violence survivors experienced psychological or emotional abuse. Psychological abuse is defined as words and non-physical actions intended to manipulate, hurt, frighten, or weaken a person mentally. It can distort, confuse, or influence others' thoughts and actions. Examples of this include:

Insults

Gaslighting
Isolation
Intimidation
Belittling
Restrictions

Many times psychological abuse is interspersed with warmth and kindness.

To recover from the abuse you have suffered, you may need mental health counseling. You can sue your abuser for the cost of your counseling, including your future counseling needs.

4. Loss of Enjoyment of Life

Were there certain things you did for enjoyment prior to your abuse that you can no longer do because of your abuse? Your inability to participate may be due to physical or psychological injuries your abuse caused.

Examples may include:

A torn rotator cuff you received due to your abuse may prevent you from playing sports you loved before
Unreasonable fears instilled into you by your abuser may keep you from leaving home
Fractured relationships caused by your isolation could keep you from attending family events

Loss of enjoyment of life can be much harder to prove and attach a monetary amount to, but the court will consider certain things, such as:

Your age
The extent of your injuries
The long-term ramifications of your injuries
The types of activities you can no longer enjoy

The court may require your testimony, along with the testimony of your friends and family. The court may need this testimony to show how your injuries have impeded your life.

5. Attorney and Court Fees

The cost of your attorney and any associated court fees are also compensable. These are expenses you would not incur if it were not for your abuse. You can ask the judge to add these costs to any other compensation you receive.

Wegner & Associates can help you sue your abuser in civil court. With more than 40 years of experience, we fight for your right to compensation. Give us a call for a free consultation about your case.

Are You a Victim of a Hospital-Acquired Infection?

Mon, 01 Nov 2021 14:34:26 GMT

When you are hospitalized, you may acquire one or more infections in the hospital, making you more ill than you were initially. Hospital-acquired infections are more common than most people think and could be grounds for a medical malpractice case.

Hospital-Acquired Infections

Hospital-acquired or hospital-associated infections (HAIs) are infections you acquire while receiving treatment for other health conditions. Approximately 1 out of every 25 hospitalized patients will be treated for an HAI at some point during their illness.

Some infections can be severe because they are resistant to antibiotics, and still others can be fatal. Approximately 75,000 hospitalized people died with an HAI in 2011.

Some may believe that you must have surgery to contract an HAI, but this is not true. Infection-causing bacteria can enter your body through your skin or enter your blood through a central line or a central catheter.

Methicillin-Resistant Staphylococcus Aureus (MRSA)

MRSA is one of the deadliest types of antibiotic-resistant bacteria you are at risk of being exposed to during your hospital stay. The Centers for Disease Control and Prevention (CDC) estimates there were approximately 80,000 cases of MRSA in the US alone that killed around 11,000 people in 2011.

MRSA is most commonly contracted through skin-to-skin contact and spread through shared equipment and supplies. You are at higher risk of contracting MRSA when you have had surgery or had medical devices such as catheters or central lines inserted in your body.

Symptoms of MRSA are often dependent on what part of your body is affected. Common symptoms include a bump or area that is:

Red
Painful
Warm
Draining

A fever may also accompany these symptoms. The site of the infection can sometimes resemble a spider bite. Proper diagnosis only takes place through medical tests. MRSA can lead to other bloodstream infections, surgical site infections, pneumonia, and sepsis if left untreated.

Clostridium Difficile Infections (C. Diff)

C. diff is another infection your hospitalization can expose you to, although it can affect anyone who has been taking antibiotics. C. diff causes severe diarrhea and inflammation of your colon. According to the National Conference of State Legistlatures, the CDC estimates there are approximately 500,000 cases in the U.S. annually.

People over the age of 65, those with weakened immune systems, and those who have had a previous C. diff infection are at higher risk. Although C. diff in most people is mild or moderate, severe conditions kill one in 11 people over the age of 65 within a month.

C. diff is contagious and spreads from patient to patient due to poor cleaning or sanitizing within the hospital, unwashed hands, or shared equipment. The germs lay dormant on surfaces. Multiple room surfaces can spread infections, including bedrails, toilets and sinks, telephones, remote controls, and almost anything else in your hospital room.

Symptoms of mild and moderate cases of C. diff include:

Watery diarrhea multiple times per day
Distinct smell
Abdominal cramping
Abdominal tenderness

Severe cases may also include:

Dehydration
Fever
Nausea
Kidney failure
Weight loss
Elevated white blood count
Blood or pus in the stool

Any of the latter symptoms will require immediate medical attention. Severe C. diff infections can also lead to sepsis. This life-threatening condition is your body's response to infection that triggers chain reactions throughout your body. If not treated quickly, sepsis leads to tissue damage, organ failure, and even death.

Unfortunately, hospitals are full of deadly germs. Poor cleaning regimes, poor hand hygiene, or a failure to implement automated disinfection technologies can put you at risk of contracting hospital-acquired infections and more.

If you have contracted a hospital-acquired infection due to the negligence of your hospital, contact Wegner & Associates . With over 40 years of experience, we have the skills and knowledge to help you pursue the compensation you deserve. Give us a call for a free evaluation of your case.

5 Things You Can Sue Your Domestic Violence Abuser For

Mon, 01 Nov 2021 02:24:56 GMT

1. Medical Expenses

2. Lost Wages

Approximately 8 million days of paid work per year are lost due to domestic violence. Some of these lost wages may stem from the following:

Your abuser not allowing you to go to work
Injuries you sustained making you unable to work
Fear of your abuser coming to your place of employment

3. Mental Health Counseling

Insults
Gaslighting
Isolation
Intimidation
Belittling
Restrictions

Many times psychological abuse is interspersed with warmth and kindness.

To recover from the abuse you have suffered, you may need mental health counseling. You can sue your abuser for the cost of your counseling, including your future counseling needs.

4. Loss of Enjoyment of Life

Examples may include:

A torn rotator cuff you received due to your abuse may prevent you from playing sports you loved before
Unreasonable fears instilled into you by your abuser may keep you from leaving home
Fractured relationships caused by your isolation could keep you from attending family events

Loss of enjoyment of life can be much harder to prove and attach a monetary amount to, but the court will consider certain things, such as:

Your age
The extent of your injuries
The long-term ramifications of your injuries
The types of activities you can no longer enjoy

The court may require your testimony, along with the testimony of your friends and family. The court may need this testimony to show how your injuries have impeded your life.

5. Attorney and Court Fees

Wegner & Associates can help you sue your abuser in civil court. With more than 40 years of experience, we fight for your right to compensation.

Give us a call for a free consultation about your case.

Tips for Avoiding Auto Accidents at Intersections

Thu, 07 Oct 2021 14:27:25 GMT

Intersection accidents are more common than they should be because many of them are avoidable. Intersections feature people going in different directions, and they all need to work together to avoid collisions. A serious accident can happen if just one person does not follow the rules. Below are some practical tips to help you avoid intersection accidents.

Practice Defensive Driving

Defensive driving involves spotting and addressing potential hazards before they cause an accident. With defensive driving, you should:

Assume that some cars might run the red light
Assume that some pedestrians might cross at undesignated points
Assume that some people might jump in front of you without warning
Assume that the car in front might change lanes or stop without warning

Such assumptions allow you to create mitigating strategies in your head on how to avoid such accidents. For example, you can increase your following distance to give you ample time to stop in case other cars do not stop at the intersection.

Slow Down

Do not enter the intersection at the same speed you were driving when approaching the intersection - slow down. You might be tempted to race the yellow light to pass before it changes red. The light might change before you cross, you might crash with other drivers with the same idea, or you might lose control of your car. The best thing is to be patient and wait for the green light.

Watch Out for Other Road Users

Always remember that other people other than motorists also use the road. You should especially be on the lookout for:

Pedestrians crossing at crosswalks near the intersection
Cyclists and motorcyclists using the intersection
Motorists rushing to cross before the light changes

Note that pedestrians, cyclists, and motorcyclists might not be as visible as other motorists might. The three can also easily hide in your blind spot. Thus, pay extra attention to the environment when navigating an intersection.

Watch the Traffic Control Devices

Do not wait until you are at the intersection before checking the traffic control devices. Scan the road ahead and check the devices to know what to expect about what might happen when you do get to the intersection. For example, checking the light in advance might help you notice a yellow flashing light warning you to slow down and be alert.

Change Lanes Properly

Never change lanes within the intersection as that might confuse other drivers and cause an accident. Know which way you will drive after the intersection and the lane you should follow in the intersection, and take the right lane before entering the intersection. Otherwise, wait until you are through before changing lanes.

Also, be careful when changing lanes. For example, you should signal properly, watch out for other road users, and not cut in front of other cars.

Avoid Distractions

Distractions increase accidents whenever you are on the road, but the risk increases at an intersection. For example, you might not notice:

The traffic light changing
Those not obeying the traffic lights
The traffic lights malfunctioning
Aggressive drivers not cooperating

Common causes of distractions include eating, using the phone, and talking with other passengers. Stop whatever you have been doing and pay attention to the road and your driving.

The above tips should help you stay safe through all intersections. However, accidents can still happen due to issues beyond your control. Contact Wegner & Associates if you suffer an accident at an intersection or anywhere on the road. We will review your case and help you pursue the damages you deserve. We look forward to assisting you with your legal situation.

How Drivers Can Cause Bicycle Accidents

Wed, 06 Oct 2021 16:33:05 GMT

Crashes involving motorists and cyclists have multiple causes. The weather, road condition, cyclists, and motorists can all trigger these accidents. Knowing an accident's cause can help you claim damages. Below are some of the cases in which a motorist may be liable for your car-bike collision.

Negligent Opening of Doors

Drivers opening their car doors without consideration for cyclists can cause accidents. Such accidents are often common on busy roads with parked cars. If a driver opens their car's door while you are a few feet from it, you might not have the time to stop or cycle around the door.

Bicycles are relatively lighter than cars. Bicycles are also unstable due to their two-wheel nature. Thus, apart from damages and injuries from hitting a car door, the impact can also cause you to lose control of your bike and fall.

Inadequate Clearance

Drivers can also harm cyclists by driving too close to them. For example, some drivers don't leave adequate clearance when overtaking cyclists. If a driver does that to you, then:

The car's draft force can destabilize your car and cause an accident
The car's side mirror can hit you or your bike
The car's body can sideswipe your bike

The damages and injuries can be especially bad if you crash into other motorists.

Failure to Check for Road Users Other Than Motorists

Many motorists check for other cars before executing different maneuvers but fail to check for other road users. For example:

A motorist might disregard bicycle lanes
A motorist might pull out of an alley or parking lot without checking for cyclists or pedestrians
A motorist might reverse their car without checking for other people or things other than cars

Motorists should be aware that many people other than vehicles also have the right to use the road.

Failure to Yield

Some motorists do not know that cyclists are also road users. In fact, a motorist is supposed to yield to a cyclist in certain conditions. However, a driver might assume that a bicycle is small and can squeeze through an intersection without the driver yielding to the cyclist. The misjudgment can easily result in a car-bicycle crash.

Distractions

Distractions are common causes of auto accidents, including car-bicycle crashes. Common causes of distractions include:

Using the phone for calling, messaging, or taking photographs
Eating
Thinking about other things other than driving
Playing with a child or pet

Such distractions can cause a motorist not to see you in time. For example, a motorist reversing while talking on the phone can easily crash into a cyclist behind them.

Intoxication

Intoxication is also a common cause of all types of accidents. An intoxicated motorist can crash into your bicycle if:

Their vision is impaired, and they don't see you in time - especially at night
Their vision and judgment are impaired, and they misjudge your speed, their speed, or the distance between their car and your bike
They are drowsy and fell asleep while approaching you
Their reaction time is slow, and they fail to swerve away from you after noticing they are too close to you

In short, the risk of a motorist crashing into you rises if they are intoxicated.

After an accident, preserve evidence and get medical care as soon as possible. After that, contact Wegner & Associates to evaluate the circumstances of your accident and determine liability. We will help you get the maximum compensation from the liable party. We look forward to helping you after your accident and are happy to answer any questions or concerns you may have about your specific legal case.

These Factors May Determine an Inadequate Security Claim

Tue, 31 Aug 2021 07:07:48 GMT

Inadequate security on public property can lead to your injuries. If that happens, the property owner or occupier might be liable for your injuries. However, you need to prove your claim before you can claim damages from the liable party. Below are some of the factors a court may consider when evaluating an inadequate security claim.

Cause of Injury

You can only base your claim on inadequate security if adequate security could have prevented your injuries. Thus, you must prove your injury's cause and relate it to inadequate security. For example, security doesn't play a role in slip and fall accidents, so you cannot use inadequate security in a related injury claim.

Adequate security can only prevent criminal acts by third parties, such as:

Battery
Sexual assault
Robberies

You can claim inadequate security if you suffer injuries from such criminal acts.

Crime Statistics

The law recognizes that property owners cannot prevent every criminal act or injury possible. However, the government expects property owners to prevent foreseeable injuries. Thus, you can instigate an inadequate security claim if you suffer injury in a foreseeable attack. One way to determine the foreseeability of an attack is to review past crime statistics.

Consider a case in which a mall parking lot has witnessed several robberies and assaults in the past few months. The mall owner should foresee further similar attacks and take relevant measures to prevent them. The mall owner might be guilty of inadequate security if they don't act and someone assaults you in the same parking lot.

Security Measures

Review the security measures the property owners took to preempt attacks on their property. You have a claim against the property if the measures are inadequate. For example, you may have a claim if:

The property doesn't have enough security guards
The property doesn't have working security cameras
The property doesn't have sound physical barriers
The property is poorly illuminated
The property doesn't screen entrants

You have an even stronger claim if the missing security apparatus could have prevented your injury. Consider a case where someone cornered and attacked you in a parking lot, but no one came to your rescue despite your screams. You can argue that adequate security personnel and cameras could have prevented or minimized your injuries.

Nature of the Business

Some businesses require more extensive security than others due to the nature of their operations do. For example, an alcohol-serving establishment (think of a nightclub) should have more security than, say, a grocery store. The intoxicating nature of alcohol means the nightclub is more likely to witness violent tendencies than the grocery store.

Thus, the inadequacy of security measures will be relative to other similar businesses. The same situation that might trigger inadequate security in one establishment might not trigger the same claim in a different establishment.

Plaintiff Status

Your status on the property determines the level of duty that the property owner owes you. Property owners owe the highest level of care to invitees, followed by licensees, and lastly, trespassers.

Thus, you may need to prove that you were on the property legally. For example, you shouldn't have been on the premises on a Saturday if it doesn't. In such a case, you may only recover damages if the property owner foresaw your trespassing or created the danger that caused your injury.

Your case's strength will depend on multiple issues such as the nature of your evidence, your credibility, and your witnesses' credibility, among other things. Wegner & Associates can help you gather evidence and compellingly present them in court. Contact us for a free initial consultation to review your case and determine how to proceed.

An Overview of Medical Malpractice in the ER

Mon, 30 Aug 2021 16:54:08 GMT

Medical negligence in the emergency room (ER) can lead to extreme complications given the nature of the problems ER staff deal with. You deserve compensation for ER medical malpractice just as you do with other forms of malpractice. However, ER medical malpractice is different from the others. Below are some things to note about ER medical malpractice.

The Hospital Might Be Liable

A hospital is ordinarily liable for medical malpractice due to its employee's negligence. For this reason, hospitals are usually off the hook if a doctor commits medical malpractice since doctors are typically independent contractors and not employees. Most hospitals use relevant forms to inform patients about their relationship with the doctors.

However, matters are different in the ER, where no one can read or sign forms due to time constraints. The ER's focus is usually to stabilize a patient's health. As such, you may be able to hold a hospital liable for medical malpractice in the ER.

Normal Malpractice Apply to the Doctors and Nurses

Many jurisdictions give first responders stronger protection than other medical professionals. If an ambulance crew responds to an accident, they should focus totally on the victims without worrying about lawsuits from their actions. Thus, first responders only face injury lawsuits for blatant recklessness or intentional acts.

However, the first responders' protection doesn't extend to medical personnel in the ER. Standard medical malpractice laws apply once the ER crew takes over from the first responders. 

Doctor-Patient Relationship Automatically Arises

Medical malpractice only applies if you have a doctor-patient relationship with a doctor. That may mean, for example, that you chose or agreed to the treatment and the doctor agreed to offer it. However, the same rules are difficult to apply in the ER, where some patients even come in while unconscious.

As such, the doctor-patient relationship automatically arises in the ER. What matters is that the doctor was on duty, and they examined or treated you. Thus, you don't need to prove ongoing medical care or treatment consent for ER medical malpractice.

Medical Malpractice Laws Don't Apply to Off-Duty Staff

The Good Samaritan rule means that no one, not even a doctor (unless you have an established doctor-patient relationship), is obligated to help you if you are in trouble. However, anyone who offers to help must do so in a way that isn't reckless or doesn't endanger you needlessly. Otherwise, you have the right to sue your rescuer for damages.

For example, an off-duty doctor near the ER is not obliged to help you if you come in with accident injuries. However, medical malpractice law won't apply to any off-duty doctor that decides to help you. You can only hold such a doctor liable for your injuries using the Good Samaritan laws. That is, you only have a case if the doctor was reckless or needlessly endangered you.

Treatment Refusal Constitutes Malpractice

Lastly, you should know that you have the right to emergency medical care whether or not you can pay for it. An emergency room must not turn you away or refer you to another medical facility without first screening or stabilizing your condition.

You can pursue medical malpractice damages if a hospital denies you emergency care and your medical condition worsens or doesn't improve. In this case, the hospital (and not their staff) is liable for your damages. You just need to prove that the hospital receives funding from Medicare.

Wegner & Associates have practiced medical malpractice law for over 40 years. We understand the complications that these cases attract. Contact us with your medical malpractice case and let us investigate, negotiate, and even litigate the case in pursuit of maximum damages.

An Overview of an Elbow Injury Claim

Thu, 29 Jul 2021 05:59:41 GMT

The elbow is a critical part of the body and an injury there can affect your life in multiple ways. Below is an overview of an elbow injury claim.

Types

Elbow injuries come in different types. Below are three major ones.

Biceps or Tendons Tears

The biceps are muscles on the upper part of the arm that extends to the elbow. Tendons are connective tissues that attach muscles, such as the biceps, to the bone. Both tissues can tear when something stretches or traumatizes the elbow area.

Dislocations

Since the elbow is a joint, it can suffer a dislocation just like other joints in the body. A dislocation occurs when a great forces the upper and lower arm bones out of alignment. For example, a slip and fall accident can dislocate the elbow if you try to stop the fall with your elbow.

Fracturing

The elbow tip can fracture due to great physical trauma. A direct blow to the elbow, for example, by a metallic part of the car during an auto accident, can fracture it.

Treatment

Treatment for elbow injuries varies. Below are some of the treatments your doctor may prescribe.

Rest

Many physical injuries require rest times, and elbow injuries are some of them. Your doctor may prescribe the RICE treatment that involves resting, applying ice on the elbow, using compression on the elbow, and elevating the elbow.

The RICE treatment might not cost you money directly, but some indirect costs are almost inevitable. For example, you might struggle to do your normal work, drive, or handle your household chores during RICE treatments.

Medication

You may also need medication, depending on the extent of the injury. For example, you may need pain medication for a fractured elbow, which can be extremely painful. The medication can ease symptoms like pain and inflammation.

Physiotherapy

Some people also need physiotherapy to regain full use of their elbows after an injury. For example, you may need physiotherapy after an elbow fracture. The need for physiotherapy is even greater if you have a job that requires precise control of the arms or hand.

Surgeries

Surgery is not a common treatment for elbow injuries. However, you might need surgery if your injury develops complications or doesn't respond to the usual treatments. For example, you may need elbow replacement surgery if the elbow is shattered beyond help. Note that surgical treatments typically inflate the value of injury claims.

Case Value

Compensation for an elbow injury claim depends on multiple factors, as is the case with other injuries. Below are some of the factors that matter.

Effect on Work and Life

Most jobs involve some use of the arms, which requires a functional elbow. For example, you need your arms to drive, type on a keyboard, and lift things. An injured elbow is likely to reduce your income, and the lost income forms part of your damages.

Severity of Injury

The severity of the injury is a critical factor in damage calculation. Injury severity determines:

Treatment types and costs
How long your injury will affect your work
How long your injury will affect your life

A severe elbow injury that requires surgery and a long period of rest may attract greater damages than a moderate injury that resolves with a few days of rest.

Strength of Evidence

The more you can prove your case, the higher your damages are likely to be. Proof comes in different forms, including:

Medical records
Eyewitness testimony
Video or photographic evidence
Expert witness testimony

Gather as much evidence as possible to strengthen your case. For example, seek prompt medical care and follow your doctor's advice to the letter to generate a medical record you can use as proof.

Wegner & Associates can help you process your elbow injury claim. Contact us for a free initial consultation to evaluate your case and determine the next steps.

How to Prevent a Fire Outbreak After a Car Crash

Thu, 29 Jul 2021 05:05:40 GMT

Unlike what the movies portray, cars do not always catch fire after crashing. However, the risk of fire is real, and an outbreak can complicate your injuries and damages. Every motorist should know the precautions that can reduce this risk. Below are some things you can do to reduce fire risk after a crash.

Pull Over to a Safe Spot

Stop the car as soon as possible. Use your turn signals, pull over to a safe place, and stop. You increase the risk of injuries if you continue to drive the car. For one, stopping will reduce airflow throughout the car, which might starve the fire of air. Starving the fire might not extinguish it, but it slows down the fire and gives you time to put it out.

Secondly, stopping reduces your exposure to toxic fumes. Don't forget that the danger from a burning car doesn't just come from burn risks - smoke and toxic gas inhalation can also affect your health.

Turn Off the Ignition

Turn off the ignition as soon as you stop the car. Turning off the ignition also has multiple benefits. First, turning off the ignition prevents further fuel flow, and reduces the fuel available for the fire. Secondly, turning off the ignition turns off moving parts of the car that facilitate air circulation, such as the cooling fans. Switching off these parts starves the fire of air.

Get Away From the Car

The next step is to get away from the car as far as possible. According to leading experts , you should leave about 100 to 150 feet (or more) between you and the car. That amount of distance reduces your risk of burn injuries, even if the car explodes. The ample distance also reduces your risk of inhaling dangerous fumes from the burning car.

Call Emergency Services

Call emergency series as soon as you are clear from the car. You can call the fire department or the police. If your phone is in your car, don't go back for it. Ask another motorist or pedestrian to make the call. Be sure to stay out of the way of moving traffic while waiting for emergency services.

Think Twice Before Attempting to Extinguish the Fire

Many people carry fire extinguishers in their cars, and with good reason. However, think twice before trying to put out the fire on your own. Some of the reasons why this may be dangerous include:

You are likely to be in shock after an accident and might not act rationally
Your actions might fan the fire and worsen it
The fuel in the tank might ignite and explode

If you have to put out the fire, ensure that:

You have a suitable fire extinguisher (approved for Class B or Class C fires)
You know how to use the fire extinguisher
You have clear access to the fire, it's small, and it's nowhere near the fuel tank
Otherwise, wait for emergency services.

Don't Open Any Part of the Car

Don't go back to the car once you are out of it. Don't go back for your items. Don't open the trunk or door unless someone is stuck inside and you want to get them out. In short, don't go back to the car unless your actions can save a life.

Opening the doors or trunk will allow more air into the car and fan the flames. The flames might flare up and burn you or accelerate the burning. Leave the car as it is to give the emergency services time to put out the fire.

Hopefully, the above tips will keep you safe in the event of a car crash. Contact Wegner & Associates if you do get involved in an accident, whether it involves fire or not. We will evaluate the circumstances of the crash and help you pursue your auto accident settlement.

How Medical Malpractice Can Lead to Amputation

Thu, 01 Jul 2021 07:49:53 GMT

Medical malpractice can lead to different medical complications. For example, medical malpractice involving the limbs can lead to an amputation. Below are some of the complications that can lead to amputations.

Diagnostic Errors

All medical conditions require an accurate and complete diagnosis before treatment. That is the only way your physician can know, for example, the extent of your injury and which medical intervention suits it best. Thus, diagnostic errors can lead to serious medical complications, including amputation. Below are three examples of such diagnostic errors.

1. Delayed Diagnosis

In this case, the doctor diagnoses your condition after a long time. The diagnostic delay worsens the condition, and you eventually lose your limb.

2. Wrong Diagnosis

In this case, the doctor diagnoses your condition in time, but the diagnosis is incorrect. An incorrect diagnosis means the doctor won't be treating the appropriate issue. The wrong treatment might allow your condition to worsen and force an amputation.

3. No Diagnosis

Missed diagnosis arises if the doctor fails to diagnose your condition at all. In such a case, the doctor may treat your symptoms or offer you no treatment at all. Again, the ensuing complications can lead to loss of limb.

Surgical Errors

If your condition requires surgical intervention, a surgical mistake might cause you to lose your limb. Below are four examples of such surgical mistakes.

1. Wrong-Part Surgery

Complications arise if a surgical team member makes a mistake and the surgeon operations on the wrong limb. Maybe the operation was supposed to remove a tumor in your leg, but a miscommunication causes the surgeon to amputate the leg.

2. Surgical Contamination

The surgical room, its occupants, and all surgical instruments should be sterile. Contamination, say of a surgical instrument, can lead to a serious infection that might even necessitate an amputation later.

3. Improper Monitoring

Surgical patients require constant and accurate monitoring during surgery. The surgical team must confirm, for example, that the relevant parts of the body are getting adequate blood and oxygen. Improper monitoring can damage a limb to the extent that the doctors cannot save it.

4. Delayed or Improper Intervention

In some cases, a surgical team notices a mistake, error, or injury but doesn't intervene appropriately or in time. An example is if the surgical team doesn't intervene in time to deal with a pinched nerve. Amputation might be necessary for the worst-case scenario.

Postoperative Complications

Medical complications can arise even after the surgery. That is why surgical patients need monitoring after their surgeries. Mistakes during your post-operative care can also lead to complications that end in amputation. Below are two examples of such risks.

1. No or Improper Monitoring

Health care professionals make a mistake when they don't follow up with patients after surgery. For example, without postoperative care, you might not even know whether your recovery is on track or you need additional interventions. If you are unlucky, you might only learn about the complications if it is too late and you must lose the limb.

2. Infections

The surgical site must always be clean. Depending on your condition, your medical team may be responsible for the surgical site's cleanliness for some time after your surgery. Unhygienic care can lead to an infection that might necessitate an amputation. An example is if a medical professional uses contaminated materials or instruments to dress your wound.

Medical malpractice cases tend to be more complicated than other cases. The rules are different, the subject matter is technical, and the damages tend to be high. Fortunately, Wegner & Associates has the experience to handle all types of medical malpractice cases. We have decades of experience in the industry. Contact us for a consultation to review your case.

Proving the Necessity of Surgery in an Auto Accident Claim

Thu, 01 Jul 2021 05:15:15 GMT

An auto insurance adjuster might argue that some of your treatments were unnecessary if you submit an auto accident claim. Such arguments are especially likely with expensive treatments, such as medical surgeries. Thus, you might have to prove your surgery's necessity to get your compensation. Below are some circumstances that might necessitate surgery after an accident.

Nonsurgical Methods Have Failed

Surgeries are expensive and risky. Thus, doctors often prioritize non-invasive treatments over surgeries. For example, nonsurgical treatments for lower back pain include:

Medication, such as pain relievers and muscle relaxants
Back braces
Acupuncture
Massage

However, these treatments don't guarantee success. Your doctor might prescribe surgery if the nonsurgical methods have failed. Maybe you have been getting alternative treatments for a long time, but your injury is not improving or is even worsening.

The Surgery Can Improve Your Life's Quality

Auto accident injuries can affect your life's quality in multiple ways. The effect is even greater for those who suffer permanent disabilities. For example, say have partial paralysis, and:

You struggle to prepare your kids for school every morning
You cannot drive your car as well as you used to do before the accident
You cannot enjoy the hobbies you enjoyed before the accident

Your doctor might recommend surgery to improve your life even if you don't completely recover. If the injury has confined you to a wheelchair, a surgical procedure is worthwhile if it can enable you to walk again.

The Chances of Success Are Reasonable

Few medical procedures have guaranteed results. A surgical procedure makes sense if the chances of success are reasonable. For example, studies show that spinal fusion surgery can improve your back pain by 60% to 70%. An average person would take that chance if they were dealing with debilitating back pain.

The Benefits Outweigh the Risk

As explained above, most medical procedures have their pros and cons. For example, you can suffer postsurgical infections, nerve damage, or anesthesia complications after surgery. However, the risks shouldn't make the defendant claim your surgery was uncalled for if the benefits are enormous.

The Alternative Is Worse

An auto accident can also leave you with severe injuries the risk of death if you don't undergo immediate surgery. Consider the example of brain hemorrhage, where the blood bleeds into the brain. In extreme cases, the condition can deny your brain of vital oxygen, leading to death. In such a case, your doctor may prescribe head surgery to stop the bleeding.

The Surgery Is Viable for You

Surgical risks vary by patient. That is why doctors screen their patients to ensure they are suitable candidates for proposed surgeries. For example, you may be a good candidate for surgery if:

You don't have dangerous preexisting medical conditions
You are psychologically prepared to deal with the potential conditions
You can get the postoperative care necessary for your condition

You should get the surgery in such a case because you are likely to reap its maximum benefits.

The SOP Supports the Surgery

Healthcare providers have standard operating procedures (SOPs) for different cases. An average doctor knows when the SOP calls for medication, physiotherapy, or surgical intervention. The doctors also know when to deviate from the SOP since medical conditions are not always similar. Thus, you can argue that your surgery was necessary if the case's SOP supports it.

Hopefully, the information above can help you prove that you deserve the damages in your case. Wegner & Associates has practiced auto accident law for decades. We have the skills and experience to help you get the compensation you deserve after an injury. Contact us for a no-obligation consultation on your auto accident case.

Elements of Medical Special Damages and Your Multiplier

Wed, 02 Jun 2021 18:42:16 GMT

Medical special damages are post-accident losses that relate directly to your health. These damages are critical for many accident victims because they determine how fast and thoroughly you regain your health after an accident. Medical special damages also affect other damages related to the claim.

Below are some of the ways medical special damages affect general damages.

Level of Pain

Pain and suffering play a significant role in the determination of special damages. The more pain your injury causes, the higher the damages will be. Thus, the onus is on you to prove that your injury has caused you significant pain. You can do this by:

Using your medical records - Higher medical bills mean more injuries that cause serious pain.
Using expert testimony - A medical professional can testify why they think your injuries are likely to cause intense pain.
Using pictures of your injuries - Pictures that show catastrophic injuries convey the likelihood of intense pain.

In most cases, obvious pain triggers greater damages than hidden pain.

Nature of Medical Treatment

Some aspects of your medical treatment will affect your special damages more than others. Below are a couple of these aspects.

1. The Treatment's Invasiveness

An invasive medical procedure involves some breakage of body tissues. The more tissue damage that occurs, the more invasive a procedure is. Invasive procedures carry more risks than noninvasive procedures. Thus, healthcare providers restrict invasive procedures to serious injuries without alternative treatments.

2. The Treatment Provider

The provider of your treatment can also make a difference for your special damages. For instance, treatment by a medical doctor shows that the injury is more serious than injury treatment by a non-medical doctor, such as a chiropractor.

The Obviousness of Medical Evidence

Obvious medical injury leads to a high multiplier. Thus, the level of medical evidence at your disposal matters. For example, you may get a high multiplier if:

Your injury is clearly visible - an example of this is an amputation that everyone can see
All healthcare professionals, including the first responders, the emergency room (ER) team, and your doctors agree on your injuries
You have pictures of your injuries immediately after the accident
You have reached your maximum medical improvement (MMI), but you haven't completely healed
You have an obvious disability; for example, you are using a wheelchair due to a spinal injury

In such cases, even the defense might not mount a spirited defense to defend your injuries.

Recovery Period

Accident victims with critical injuries often take a long time to recover. Because of this, a lengthy recovery period also leads to a higher multiplier. The rationale is that the longer your injury period is, the more the injury will affect your life.

Consider a comminuted fracture (with multiple bone separations) and a stable fracture (with no bone separation). The bone separations mean a comminuted fracture usually takes a longer time to heal than a stable fracture. The lengthy recovery period for the comminuted fracture easily gives rise to a high multiplier.

Injury Permanency

Not every accident injury eventually heals as some accidents cause permanent injuries. For example, an accident might leave you:

With permanent paralysis
With a missing body part due to limb amputation
With a missing sense, such as loss of eyesight

In such a case, your accident will affect you for the rest of your life. For physical and emotional damages that this can cause, you deserve a high multiplier to increase your general damages.

As you can see, determining the value of an accident case might not be easy for an average person. Luckily, Wegner & Associates has the skills and experience to handle all aspects of an accident claim. Contact us for a free initial consultation to help you determine the settlement you deserve.

Outdoor Slip and Fall Injuries: Risks and Liability

Tue, 01 Jun 2021 19:56:37 GMT

An outdoor slip and fall case requires compensation just like an indoor one. You just have to identify the liable party. In most cases, identifying the liable party means you should know your fall's cause. Below are some common causes of outdoor falls plus factors that determine liability.

The Risks

Multiple things can make you slip and fall outdoors. Below are some of them.

Slippery Surfaces

Slippery surfaces are prime culprits of fall accidents both indoors and outdoors. Some of the things that trigger slipperiness include:

Accumulated snow
Accumulated ice
Water from flooding, rainfall, or melting snow or ice
Spilled liquids

For example, oil spills on a parking lot can make the surface slippery for other parking lot users.

Inadequate Lighting

Property owners must illuminate their outdoor spaces to prevent accidents. For example, outdoor stairs, pavements, and parking lots all need adequate lighting. Otherwise, you might not notice dangers, such as spills or crooked pavement, that you could have avoided with proper illumination.

Uneven Surfaces

Unexpected bumps or holes can also make you fall. Examples include:

Cracks on the ground
Missing tiles
Potholes

For example, a partially paved sidewalk that ends abruptly can cause you to lose your footing and fall.

Defective Designs

Lastly, defective designs and installations can also be dangerous. Consider:

Uneven outdoor stairs
Outdoor stairs with missing handrails
Abrupt vertical changes on sidewalks

Many of the dangers arise when builders don't adhere to existing building codes.

Liability

You must identify the correct liable party or parties to lodge a successful injury claim. Below are the top factors that determine liability for outdoor slip and fall injuries.

Ownership

The law expects property owners to keep their properties safe for the public. For example, a restaurant must ensure that its parking lot is safe for its customers. Thus, if you slip

and fall in a dark parking lot, you can hold the owner liable for your damages.

Occupier

The occupier, rather than the owner, of the building might bear liability for your damages. For example, if a restaurateur rents their space from a developer, the restaurateur might be liable for your injuries instead of the developer. The restaurateur's liability is even more likely if they, instead of the developer, are responsible for maintaining the outdoor space where you were injured.

Cause of the Defect

For injuries due to defective designs, the party responsible for the defect shoulders some of the blame. Consider a building contractor who cuts corners and doesn't install the necessary guardrails on stairs. The contractor may bear some liability or your damages if you fall from such stairs.

The Owner's Actions

Property owners are not always liable for dangers on their property, but exceptions exist. One such exception deals with naturally occurring dangers, such as snow and ice accumulation. In such cases, the law considers what is normal in an area when determining liability.

For example, you should expect snow or ice on the sidewalk if your area experiences snowfall every winter. Thus, a property owner might not be liable for your snow-related injuries as long as they don't interfere with the natural accumulation of snow.

Your Actions

Lastly, your actions leading up to the accident also matter. In most cases, the defendant will argue that your actions caused or contributed to the crash. For example, running on a slippery surface with a warning to the effect absolves the property owner of liability should you slip and fall.

Wegner & Associates has over three decades of experience in personal injury law. Contact us for a consultation on your slip and fall injury case. We will analyze your case, identify the liable party, and help you pursue adequate compensation.

7 Things to Include in a Lost Income Claim

Mon, 10 May 2021 13:08:08 GMT

An accident can lead to enormous losses in the form of missed income. Since the defendant should compensate all your economic losses, you should include all forms of lost earnings in your demand letter. Otherwise, you might not get the entire compensation you deserve.

Below are seven things that you should not leave out of your lost income calculations.

1. Missed Overtime

Many employers pay their employees extra for overtime work. If you are such an employee, include your overtime work and pay. Work history with regular overtime hours can help you prove your claim. You can also use a letter from your employer or supervisor detailing the overtime schedule you missed.

2. Missed Wage Increases

If your employer promotes their employees during your absence, don't use your old salary in your calculations. You just need to prove that you would have benefited from the increase if you had worked.

Consider a case where you earn $1,000 per week, and you missed four weeks of work due to your injury. However, everyone in your company received a 10 percent increase at the beginning of the third week. In such a case, your calculations should include $1,000 per week for the first two weeks and $1,100 per week for the remaining two weeks.

3. Missed Sales Commissions

Most salespersons have basic salaries as well as commissions on sales. Employers use the commissions to motivate their employees and increase sales. For example, an employer might pay 10 percent commissions on every sale above a certain threshold.

In such a case, your lost wages should include the commissions you would have earned but did not earn because of your injury. You can use documentary evidence of your past performance and earned commissions as evidence.

4. Missed Bonus Payments

Profitable businesses tend to reward their employees with bonuses, usually at the end of the financial year. Just like commissions, employers use bonuses to reward and motivate employees. Unfortunately, an injury might keep you away from work and interfere with your benefit payments. If you can prove the missed bonus, you deserve to include it in your compensation.

5. Missed Pay Difference

Many employees who return to work after an injury start by working reduced hours because working your preinjury hours might interfere with your recovery plan. Your employer might also pay you proportionally to your working hours, which means reduced pay. In such a case, you should include the difference between your preinjury and post-injury pay in your damages.

6. Missed Fringe Benefits

Some employers give their employees benefits that go beyond the usual financial compensations. Many people refer to such benefits as fringe benefits. Examples of fringe benefits include:

Contributions to retirement accounts
Contributions to health insurance
Tuition reimbursement
Access to or discounts at fitness centers

Include the fringe benefits in your demand, just like other employment benefits.

7. Missed Promotion Opportunities

In most cases, a promotion leads to increased pay and benefits. Unfortunately, a serious injury can deny you a promotion opportunity, and with it, the increased pay and benefits.

Consider an example where your employer is considering you for a promotion to head a new branch. Unfortunately, you suffer serious injuries a few days before you can formalize the promotion. Your employer then decides to go for another candidate since you can't manage the new job with your injury. In such a case, the injury has denied you a promotion.

An experienced lawyer can help you prove and negotiate your settlement. Wegner & Associates has over 40 years' experience in personal injury law. Contact us to evaluate your case and determine how best to pursue your settlement. We will do everything possible, including litigation, to ensure you get the compensation you deserve.

Proving Fatigue as a Truck Accident Cause

websitebuilder@thryv.com — Fri, 07 May 2021 15:30:53 GMT

Fatigue is a serious cause of truck accidents. A fatigued truck driver is likely to experience lapses in concentration, poor judgment, and slow reaction times. All of these can lead to accidents. As a victim of such an accident, you might need to prove fatigue as the accident's cause. Below are some forms of evidence you can use for your proof.

Driver Admissions

If you are lucky, you might be able to prove the driver's fatigue via their admissions. Aiming for direct admissions might be asking for too much. However, your lawyer might be able to get indirect admissions that they can use to show fatigue. Consider a truck driver who admits that:

They partied for hours before going to work
They had driven for longer than usual
They were struggling to adapt to a new shift

The more of these admissions you get, the easier it might be to prove fatigue.

Eyewitness Testimony

Eyewitness testimony is one of the strongest forms of evidence in auto accident cases. Eyewitnesses cannot see fatigue, but they can see signs and symptoms of fatigue. Maybe the eyewitnesses saw the driver:

Yawning
Rubbing their eyes
Having bloodshot eyes

Ensure your witnesses are credible so that the judge or jury can believe them.

Video or Camera Footage

Video or camera footage can be believable even more than eyewitness testimony. You might just need to prove that no one has edited or tampered with the footage. Examples of footage that might prove valuable include:

Footage showing the driver yawning behind the wheel
Footage showing the driver nodding off
Footage showing the driver's erratic driving
Footage showing lack of skid marks at the accident scene

You can get footage from different sources, such as dashboard cameras, traffic cameras, and security cameras, among others.

Driver's Medical History

Some people have medical issues that increase their risk of fatigued driving. Examples of such medical issues include:

Anemia
Cancer
Diabetes
Obesity
Stress

Drivers with such health issues are more likely to be fatigued despite having adequate sleep time. Some drugs also cause fatigue as side effects. You may get such information by reviewing the driver's medical history.

Truck's Black Box Data

Commercial trucks have event data recorders (EDRs), or black boxes, that record vital driving data. Black boxes may record a truck's:

Acceleration
Braking
Driving time
Idle time
Speed

Again, you can review and interpret the information to show fatigue. For example, a crash without any attempt at braking shows that the driver was probably drowsy or absent-minded. A lengthy driving time can also show fatigue, especially if you can prove that the same driver was behind the wheel all that time.

Driver's Work Documents

The more you drive, the more you are likely to get tired. Truck drivers must record their hours of service to ensure they don't exceed the federal limits. Get hold of these documents and find out how long the drier was driving before the accident. Some trucking companies allow their drivers to exceed the legal hours of service. Get the company's records and prove its patterns of breaking the law.

Driver's Social Media Posts

Lastly, you should also scour the defendant's social media posts for evidence. For example, postings of pre-driving or pre-accident activities might show that the driver was fatigued before getting behind the wheel. Post-accident postings might reveal the driver's admissions of guilt or liability if you are lucky.

Note that what you can prove matters more than what you know when pursuing a truck accident claim. Wegner & Associates can help you gather the necessary evidence and prove your truck accident case. Contact us for a consultation to benefit from our skills and decades of experience.

Why Medical Malpractice Cases Are Complicated

Tue, 06 Apr 2021 02:17:36 GMT

You deserve compensation if you have suffered harm due to medical malpractice. However, you must prove your case, which is not always easy. Medical malpractice cases tend to be even more complicated than other civil claims. Below are some reasons for these complications.

Special Laws and Regulations

Medical malpractice laws are different from conventional personal injury laws. The laws also vary at the state level. For example, in Indiana:

The Medical Review Panel must review your case (with a few exceptions) before you file it in court.
Caps apply for medical malpractice damages. The cap is $1,800,000 as of June 30, 2019.
Contributory negligence, which bars your recovery if you contributed to your injury, only applies to medical malpractice but not to other injury cases.

Many people are not conversant with these laws. Approaching your medical malpractice case without understanding the process and applicable laws can lead to complications.

Subject Matter Complexity

Human health is a complicated subject. And many people don't understand all the issues that medical malpractice cases typically raise. For example, many people don't understand:

How drugs work or interact with each other
Surgical procedures
How complex organs, such as the heart and brain, operate

Thus, the majority will be in the dark when such issues come up for discussions during medical malpractice claims. In most cases, both the plaintiff and defense sides will need expert witnesses to provide technical or professional analysis of the subject matter. You are also likely to need numerous witnesses to prove your case.

Difficulties in Proving Negligence and Causation

The difficulty of linking the defendant's negligence to your injury is also another source of complication in medical malpractice cases. First, anyone seeking medical care already has a health condition that can lead to complications.

Second, medical care doesn't provide a guarantee of recovery. A patient's condition can worsen even with the best medical care possible. Thus, you might struggle to prove that your medical condition worsened or didn't improve because of the doctor's negligence and not any other thing.

Possibility of Multiple Liable Parties

Many medical malpractice cases include multiple defendants. Consider a surgical malpractice case where potentially liable parties can include:

The hospital for hiring and retaining an unqualified surgeon
The surgeon for performing a surgery for which they don't qualify
The surgical nurse for not intervening in time when complications arose

Any legal case involving multiple defendants raises several complications. For example:

The defendants can start blaming each other to deflect responsibility from themselves.
You have to prove each defendant's contribution to your damages.
The involvement of all defendants can protract the case since they all need to be involved.

In some cases, you might even discover another defendant halfway through the case, complicating matters further. Don't forget that you may need to include all the potential defendants to recover your total damages.

The Risk of Huge Settlements and Reputational Damage

Lastly, you should know that medical malpractice settlements are often huge. Any case where the potential payout is huge is likely to attract a spirited defense from the defendant.

Additionally, players in the medical industry are strongly motivated not to lose medical malpractice cases. For example, losing a medical malpractice case, especially a highly publicized one, can ruin the reputation of the doctor or medical facility. Thus, these parties will do everything possible to avoid liability and protect their reputations.

Given all the above complications, you should consider Wegner & Associates for your medical malpractice case. We have over four decades of experience with medical malpractice claims. Contact us for a consultation to review your case, and we'll advise you on the way forward.

Tort Law Cases: What You Need to Know

Thu, 01 Apr 2021 18:27:21 GMT

Torts are an interesting and complex area of law. A tort has to do with a case in which a party can be liable for causing injury to another person or group of people. Tort cases typically result in the injured party pursuing damages for the injuries.

A tort is different from a typical personal injury lawsuit. A tort not only compensates the victim, but it also holds the defendant responsible in a way that will prevent the same action and subsequent injuries from happening again. If you think your personal injury falls under tort law, there are some things you need to know.

What Categories Do Torts Include?

Tort law can include different categories due to their broad nature. Intentional torts include actions such as assault and battery. Unintentional torts consist of accidental injuries, such as a negligent action on a business's property. Strict liability torts involve cases of accidents and hazardous materials.

Negligence is the most common tort when filing lawsuits. You have to provide evidence that a person or party acted negligently for your case to have merit. To prove negligence, you must show evidence that the defendant failed his or her duty of care. If the lack of duty of care resulted in an injury, you have to provide evidence of such.

For instance, if a public building has a damaged set of stairs but did not close them off to the public, resulting in your injury, the building owner can be sued for damages.

Also, torts are civil in nature. Torts do not fall under criminal law. Any case that falls under tort law may include criminal activity, but you would have to pursue separate criminal charges in the matter.

What Awards Are Common in Torts?

There are a variety of outcomes in tort cases when the plaintiff wins. Awards vary based on different factors, including the violation perpetrated by the defendant, the severity of your injury, and your overall losses due to your injury.

Typical awards in tort cases include payments for the plaintiff's lost time at work or the inability to work due to the injury or subsequent disability. Tort cases also result in payments for damages such as emotional distress, mental anguish, and pain and suffering. Compensation for any other additional expenses can also be paid out in a tort case.

Punitive damages are typically paid in tort cases. Punitive damages include payments to the plaintiff to punish the defendant for acting in an egregious manner. Punitive damages are large sums in addition to the economic losses a victim incurs.

Injunctions are also common. Injunctions are court orders that order the defendant to cease any action or behavior that caused the injury. For example, if a company manufactures a product that turns out to be defective and the defective product caused injury, the court can order the defendant to stop all production and sale of the product to prevent further injury.

Should You Hire an Attorney for Tort Cases?

Tort law cases are complex and are applicable in a wide range of cases. You definitely need an attorney to help you with the case. Each state has different laws when it comes to tort cases. You should hire an attorney to sort out the details of your case to ensure it falls under Indiana tort laws.

If you need legal assistance with your claim or you think your case falls under tort law, please contact Wegner & Associates . We have years of experience in torts cases, and we are happy to evaluate your case and help you build a claim for your injuries.

What Can You Do If a Prescribed Medication Makes You Sick?

Wed, 03 Mar 2021 21:24:54 GMT

Medications have helped humans extend their lifespan and stay healthy for longer. However, while most medications have mild, expected side effects, some medications can cause major harm, especially if they were prescribed or manufactured incorrectly. If you've gotten sick from a prescribed medication, check out these three options.

1. File a Malpractice Lawsuit Against the Doctor

If a prescribed medication makes you ill, you can often sue your doctor. However, you must prove that the doctor was negligent. For example, if you have no history regarding negative drug interactions, and your doctor prescribes a new medication that gives you bad diarrhea (a listed possible side effect), you probably can't sue your doctor.

However, you can sue your doctor if they prescribed the wrong medication for your condition; this is often due to carelessness or poor instructions on the medication. Other reasons why you can sue your doctor for medication malpractice include if they gave you the incorrect dosage, administered medication to you incorrectly, combined certain medications, or failed to provide you with proper information.

Similarly, you can usually also sue the hospital or clinic where the doctor works. If other doctors or medical staff were also involved, they may be held responsible too, especially if they should have been able to catch the mistake.

2. Sue the Manufacturer of the Medication

If your doctor did everything right but the medication still made you sick, the design of the medicine could have a defect. In this case, you may have the right to sue the manufacturer of the medication. There are three situations in which you can sue the pharmaceutical company.

First, many people get sick from medications because of a defect in the actual drug, making it a bad drug. If you win this case, the manufacturer will have to remove the product from the market, so expect a difficult fight.

You may also sue if there was a mistake during manufacturing - mistakes usually only affect one or two batches of the medication. Therefore, even if you win your cases, the manufacturer may not have to remove the medicine from the market.

Finally, the manufacturer is in charge of writing up the instructions and warning labels for the medication. If they mess up, your doctor could unknowingly prescribe the wrong medication or give you the wrong usage instructions. If you end up getting sick from the mistake, you can usually file a lawsuit.

3. Join a Mass Tort Drug Litigation

In many cases, medication malpractice involves lots of people, especially when it's due to a manufacturing or design defect. On top of that, going after a big pharmaceutical company on your own is an uphill battle. Luckily, if multiple people were affected, you can start or join a class-action mass tort drug litigation.

You may have heard of or even participated in a class-action lawsuit. These are similar to mass tort drug litigation, except for one major difference; in class-action lawsuits, everyone gets the same settlement, but in mass tort drug litigation, each case is considered separately to ensure everyone gets their fair settlement.

If the case is not settled in a mass tort drug litigation, each individual person will still have the right to take the case to court. If you do win the settlement or case, you can expect money for lost wages, pain and suffering, and medical bills.

If a medication made you sick, you have a right to seek restitution. In some cases, you may even be able to sue everyone involved in the line of manufacturing and distribution. If you would like to know more, or if you want to talk about joining or starting a mass tort drug litigation, contact us at Wegner & Associates today.

How to Invigorate Stalled Injury Negotiations

Mon, 01 Mar 2021 16:46:48 GMT

When negotiating an injury case with an insurance adjuster, there might come a time when the negotiation seems to be heading nowhere. The following tips may help you get things moving in such a case.

Persist

The first tip is not to give up. Just because the negotiation seems to have stalled, it doesn't mean that the process is over. In many cases, all you need is to persist with the process. Specifically, you should

Keep calling the adjuster to demand a fair offer
Keep writing to the adjuster demanding answers to your queries
Keep asking for official reasoning for the adjuster's behavior - for example, if they are not answering your questions

Persistence often works since some adjusters use delaying tactics to get injury victims to accept lowball offers. In such a case, your persistence may show the adjuster that you are not the type to give up easily and accept whatever offer is on the table. Thus, the adjuster may resume the negotiations with a tangible offer.

Bring More Evidence

Another tip is to bolster your claim's evidence. Increasing your evidence arsenal won't hurt even if you had already presented adequate pieces of evidence. For example, you can:

Submit more pictures of your injuries and damages
Track down more witnesses who are willing to testify on your behalf
Track down more video footage that shows your accident from different angles

The idea is to have overwhelming evidence and prove to the adjuster that you understand your case's value. Strong evidence also shows that you are likely to win if the case proceeds to trial.

Ask for the Supervisor

You can also escalate your claim by asking for the adjuster's supervisor. Maybe your personality is not compatible with the adjuster's, or you just want a different opinion from the insurance company.

Note that the adjuster might not immediately direct you to the supervisor, especially if the adjuster hasn't been active with your claim. However, you have the right to know the supervisor's name and contact. You may get a positive response from the adjuster merely by asking for their supervisor.

If you get to speak to the supervisor, explain your frustrations. Ask for written confirmation if the supervisor claims that the adjuster's actions represent the company's position on your claim. You can even ask for the claim's manager if the supervisor doesn't help.

Threaten Formal Proceedings

Another tactic is to inform the insurance company that you will initiate formal proceedings if they don't give you a reasonable offer. Formal proceedings include things like arbitration and litigation. Note that some cases have to go through arbitration, but you can file a lawsuit straight away if your case isn't one of them.

Insurance companies try to avoid formal proceedings at all costs because formal proceedings, especially lawsuits:

Cost a lot of money in terms of legal fees, witness' fees, and court costs
Take a long time to conclude
Are unpredictable
Can tarnish the defendant's reputation

Thus, threatening a lawsuit may spur the insurance company to up their offer.

Note, however, that you should only threaten formal proceedings if you mean it. Otherwise, you won't have a better option if the insurance company calls your bluff and you can't file a lawsuit.

Consult an Attorney

The last tip is to consult an attorney if you don't have one already. An attorney can help since:

They are skilled negotiators
They understand adjuster tactics
They know how to value injury cases

An insurance adjuster will treat you seriously if you have a lawyer.

Wegner & Associates has the skills and experience you need for your personal injury case. We can help you whether you want to initiate an injury claim or are already dealing with an adjuster. Contact us for a free initial consultation to determine how to handle your case.

Questions to Ask Your Doctor After an Accident

websitebuilder@thryv.com — Thu, 28 Jan 2021 15:54:43 GMT

Your medical treatment plays a critical role in your auto accident claim. For example, the treatment will determine your claim's strength and value. Below are some questions you should ask your doctors. The answers may help you get the settlement you deserve.

What Are Your Credentials?

Doctors have different specializations, and you should know your doctor's specialty. You may get treatment from multiple specialists in case of severe injuries. Say you have suffered severe spinal injuries in a gruesome accident:

An orthopedist may treat you for the spinal cord injury
A physical therapist may help you walk again
A therapist may help you through the resulting emotional trauma

Knowing all your doctors' specialties may help your claim. For example, the insurance company might dispute the necessity and cost of treatments by inappropriate specialists. A PTSD (post-traumatic stress disorder) diagnosis from a psychiatrist may hold more weight than a similar diagnosis from a physiotherapist.

What Are the Nature and Extent of My Injuries?

You should also have a good understanding of your injuries before you file a claim. For example, you shouldn't just know that you have a fractured limb - you should know what type of fracture you have. After all, different fractures call for different treatments and take different amounts of time to heal. For example, a comminuted fracture is more serious than a hairline fracture.

The nature and extent of your injuries have a direct bearing on your damages. Say the insurance adjuster's offer is low because they understand that fractures take a few weeks to heal. You can explain to them that your type of fracture will require more time - if you understand your injury well.

Which Treatments Do I Need Now and in the Future?

Most injuries have multiple treatment options. Your physician will choose the best option based on different factors, such as:

Your medical history
Your age
The extent of the injury
Standard operating procedure

For example, treatments for TBI (traumatic brain injury) include:

Rest
Medication
Surgery
Rehabilitation

In many cases, the doctor will start with the simplest treatment that fits your diagnosis. Thus, not everyone will get all the treatments above. You should know what treatments you need so you can prepare for them and include them in your injury claim. For example, you should include rehabilitation costs in your claim if you need ongoing therapy.

What Should I Do or Avoid?

You should understand your limitations during your recovery. For example, the doctors may advise you to:

Get a certain amount of bed rest
Avoid some foods
Take some medication
Avoid strenuous physical activities

Understanding these limitations will help you in two main ways. First, they will help you accelerate your recovery. Secondly, you can use them to increase the value of your damages. For example, if the doctor has advised you to avoid strenuous house chores, the defendant should compensate you if you need to pay someone else to do the chores.

Will I Recover Fully?

Your doctors will do their best, but medicine is not yet at the point where it can solve every medical issue. For example, some people have to live with chronic pain and take regular medication for the same.

Ask your doctor if they expect a full recovery from you. If not, you should understand your potential disabilities and their effects on your life. Don't forget that the defendant should compensate you for every loss their injury has caused you.

Wegner & Associates can help you value your accident claim and pursue your damages. We care about our clients and promise to use our skills and experience to help you get the resources you need to recover. Contact us for a free initial consultation to determine the best approach for your case.

The Need for a Letter of Protection After an Accident

Thu, 28 Jan 2021 15:30:38 GMT

Most accident victims have two things in mind. They want to get well as soon as possible and recover their accident damages. A letter of protection (LOP) can help with both of these.

The Meaning of a LOP

A LOP guarantees payment for medical treatment after an accident. If you need treatment for accident injuries, your lawyer can write a LOP to your medical providers guaranteeing bill settlement later. The LOP is a legally binding contract that you must honor. Otherwise, you might face legal consequences.

The Necessity of a LOP

Paying medical bills after an accident can be complicated for different reasons. For example:

You might not have the money to pay the bills
You may not have adequate medical coverage
You want someone else (the liable party) to pay the bills

Unfortunately, medical providers are not always sure you will settle your bills if you don't have medical insurance or money.

In fact, bill payment can be an issue even if you have insurance coverage. For one, medical and auto insurance carriers often disagree on who should pay auto accident treatment costs. Most medical insurers expect their automobile counterparts to pay the bills.

Secondly, even if the relevant auto insurer agrees to settle the bills, they might not do so on an ongoing basis. Most auto insurance companies expect you to pay the bills out of pocket, after which they reimburse you in a lump sum. In some cases, the reimbursement might not cover all the bills.

Medical providers don't like these complications and might not offer you the care you need. A LOP guarantees payments to the providers so that they can treat you without worrying about bill payments.

The Benefits of a LOP

A LOP has numerous benefits for accident victims. Below are some of them.

Allows Prompt Medical Care

A LOP allows you to get prompt medical care. Some accident injuries require treatment by different medical specialists. You might struggle to get the relevant care without a LOP.

Delays Medical Billing

The defendant should pay your medical bills even if you have the money for the same. Your treatment shouldn't affect your cash liquidity if you aren't responsible for your injuries. A LOP allows you to delay medical billing until the defendant's funds become available.

Stops Debt-collection Efforts

Without a LOP, expect your medical providers to do everything possible to get their money. Some medical providers even use debt collection agencies for these services. Debt collection agencies can be rather aggressive in their efforts. A LOP will stop such debt-collection efforts.

Delays Credit Reporting

Medical providers might report your unpaid medical bills to credit bureaus. The reports can ruin your credit rating. Fortunately, your medical providers won't report your debts to credit agencies if you have a LOP.

Allows Time for Settlement Negotiations

Without a LOP, you might be tempted to accept a low settlement offer from the insurance agent. A LOP gives you breathing space so that you can negotiate for a better offer.

May Afford You Lower Bills

Some doctors may lower your medical bills if you have a LOP. Your accident lawyer may even help you negotiate the bills.

Increases Chance of Medical Testimony

Lastly, a LOP may also help you get medical testimony during the trial. Medical providers are usually reluctant to testify in accident cases. However, providers who have accepted a LOP may testify since they also have a stake in your case's outcome. The testimony helps to strengthen your case.

Not every case requires a LOP. Wegner & Associates will evaluate your case and your circumstances to determine whether you need a LOP. We will also help you pursue the damages you deserve. Contact us for a free initial consultation to determine how to proceed with your case.

Factors You Can Control to Boost Your Auto Accident Settlement

Tue, 05 Jan 2021 21:38:23 GMT

Many factors determine auto accident compensation. Some of the factors might be out of your hands, while others are things you can control. Below are some of the factors you can control to boost your auto accident compensation.

Strong Evidence

In most auto accident cases, you won't deal with the liable party directly - you will deal with their insurer. Insurance companies understand that strong evidence of liability and damages carries weight in court. Thus, you stand a good chance of getting good compensation if you can prove liability and damages. Below are some forms of evidence that can strengthen your case:

Pictures of the accident scene, car damages, and your injuries
A police report that details the facts of the case
Medical records that tie your injuries to the accident
Medical bills that prove your medical damages
An expert witness that proves the other driver's liability
Video evidence of the other driver ignoring traffic signs
Eyewitness testimony that proves the other driver's liability

The more evidence you can present, the stronger your case will be. Ideally, all forms of evidence should tell the same story. Contradictory evidence will weaken your case.

Many auto accident cases settle outside the courtroom. Negotiations usually continue even after the auto accident victim has filed a lawsuit. Those with good negotiation skills usually win good money. Below are some negotiation tips you can rely on:

Start high to give room for negotiation.
Understand your claim's value.
Don't take the first offer from the insurance adjuster.
Stick to facts when talking with the insurance adjuster.
Support your claims during negotiations.

Don't forget that you don't have to accept the adjuster's offer. You have the right to file a lawsuit if the adjuster's offer is too low and the negotiation has stalled.

Evidence shows that accident victims who file or threaten lawsuits earn more settlement than those who don't. Filing or threatening to file a lawsuit can almost double your settlement .

The data makes sense if you consider that lawsuits cost insurance companies money. They have to:

Pay their lawyers
Pay court fees
Pay expenses, such as transport costs
Pay expert witness fees

In addition to the above expenses, lawsuits are also unpredictable. Most insurance companies would rather settle outside the court and avoid the hassle of trial. Besides, a lawsuit also signals the belief you have in your case.

Patience

Getting good compensation for your auto accident case will take some time. So maintaining your patience can help you get the best settlement. For example, you should only send your demand letter once you have reached your maximum medical improvement (MMI). The MMI means you understand the value of your case.

The insurance company also needs time to investigate the facts of your case. Negotiation takes time as well. Some insurance companies even drag out the negotiation to get you to give up and take whatever offer they have on the table at that time.

Don't expect a good offer from the insurance adjuster as soon as you send your demand letter. If you need money urgently, get it from other sources (such as a loan) and use your patience to get the maximum settlement possible. Talk to your lawyer about lawsuit loans.

Legal Representation

Lastly, retaining an auto accident lawyer is also likely to boost your settlement. An auto accident lawyer:

Has better negotiation skills than the average person
Will understand the true value of your case
Understands how to build a good auto accident case
Proves the seriousness of the case to the insurance company

Note that you should hire a lawyer as soon as possible after an accident. However, you can hire one at any stage of the claim.

You don't have to settle for a pittance if you have an auto accident claim. Wegner & Associates can help you get good compensation for your auto accident. Contact us for a free initial consultation to review your case and determine the way forward.

Why Does Medical Malpractice Happen?

websitebuilder@thryv.com — Tue, 05 Jan 2021 19:01:28 GMT

Recent studies suggest that medical malpractice is the third leading cause of death in the United States. Medical malpractice is responsible for an estimated 251,000 deaths. Below, we explain why medical malpractice happens and other frequently asked questions about this problem.

What Is Medical Malpractice?

According to the American Board of Professional Liability Association, medical malpractice occurs when a health care provider causes injury to a patient because of an act of negligence or omission. Medical malpractice can occur at any point during the healthcare journey from diagnosis and treatment to post-operation instructions or health management.

What Are the Most Common Causes of Medical Malpractice?

According to Claims Journal, studies have found that misdiagnosis is the most common cause of medical malpractice. Misdiagnosis occurs when a health care provider misses symptoms, misinterprets them, or fails to order tests that would have resulted in a proper diagnosis. The health care provider diagnoses the patient with a condition he or she does not have.

Common misdiagnoses include:

Cancer
Lupus
Stroke
Parkinson's disease
Irritable bowel syndrome
Multiple sclerosis

Other common causes of medical malpractice include:

Childbirth injuries
Surgical errors
Plastic surgery errors
Medication errors
Nursing errors
Lack of informed consent

What Factors Contribute to Medical Malpractice?

Health care workers are busy professionals, but they can still make mistakes. Sometimes these mistakes may be deadly or cause other serious consequences. Some of the factors that may contribute to the occurrence of medical malpractice include:

Not enough time - Health care providers often see many patients a day. If they do not spend enough time with a patient, they may not get a complete family history or conduct a thorough physical exam to discover the real ailment from which the patient is suffering.
Not enough information - The health care provider may fail to order necessary tests to properly diagnose patients.
Inexperience - The health care worker may be new or may not have had any professional experience with the patient's condition.
Fatigue - Many health care workers work long shifts. They may suffer from impaired judgment or may make mistakes due to fatigue.
Substance abuse - Health care workers are not immune to substance abuse or alcohol problems that may impair their judgment.
Assumptions - Some health care workers may assume they know what the problem is and may fail to look at the big picture.

How Will I Know If I Have a Claim?

A viable medical malpractice claim requires that you can prove the following:

You had a doctor/patient relationship - You must be able to show that you had a medical relationship with the health care provider that forms the basis of their legal duty.
The health care provider violated the applicable standard of care - The health care professional is supposed to treat you with care consistent with that which a reasonable health care provider in the same field and location would have provided. If they did not meet this care, you may have a claim if you can prove the other elements.
The health care provider's violation of the applicable standard of care caused your injury - The injury you have suffered must clearly relate to the standard of care that the health care provider had a duty to uphold.
You suffered damages as a result of your injury - You must show that you have suffered losses such as additional medical expenses, loss of wages, or disability.

Who Can Help With Your Medical Malpractice Claim?

Medical malpractice claims can be very complex and may require the assistance of a lawyer who can grasp these complicated legal and medical principles. Contact us to schedule a free consultation to learn more about your legal rights and options.

What You Need To Know About Indiana Auto Insurance Laws

websitebuilder@thryv.com — Thu, 03 Dec 2020 13:51:44 GMT

If a negligent driver hits you, you probably have questions about how to proceed with filing a claim and how insurance will affect your claim. Here is the most important information you should know about Indiana's auto insurance laws.

Indiana Is an At-Fault State

Most states are generally divided into two groups when it comes to auto accidents: at-fault states and no-fault states. In at-fault states, the driver whose negligence caused the accident is responsible for damages the victim sustains, such as:

Property damage
Medical bills
Lost wages
Pain and suffering

In no-fault states, each person's own insurance company covers their own damages regardless of who is at fault for the accident.

Indiana is an at-fault state, so the negligent driver is responsible for the damages you sustain.

Drivers Must Carry Automotive Coverage

Indiana law requires all drivers to maintain minimum liability insurance that covers damages they cause to other drivers or passengers due to their negligence. Minimum liability insurance is equal to the following amounts:

$25,000 for bodily injury or death to one person in an accident
$50,000 for bodily injury or death to more than one person in an accident
$25,000 in property damage in one accident

However, even though Indiana law requires drivers to carry automotive coverage, this doesn't mean they all do.

You May Be Able to Turn to Your Own Insurance

The Insurance Information Institute reports that 16.7% of Indiana drivers do not have insurance, the 8th highest percentage of uninsured drivers in the United States.

Indiana law requires that all insurance policies provide for uninsured and underinsured motorist coverage unless you specifically reject this coverage in writing. Uninsured motorist coverage can apply in a few situations: if the at-fault driver did not have any insurance, or if the at-fault driver did not have enough insurance coverage to cover the amount of your damages.

The minimum amounts of uninsured and underinsured motorist coverage are equal to the state minimum liability amounts. You may have also purchased optional coverage to provide additional protection, such as collision insurance, which pays for physical damage to your vehicle.

Indiana Uses a Modified Comparative Fault System

If you and another driver were both responsible for an accident, you may still be able to pursue compensation against the negligent driver, depending on how much of the accident was your fault. This is because Indiana uses a modified comparative fault system.

Under this system, you can pursue compensation against the negligent driver if you were less than 51% at fault for the accident. If you were 51% or more at fault for the accident, you cannot file an injury claim against the other negligent driver.

If you can still pursue compensation against the at-fault driver, your award will be reduced by your own degree of negligence.

For example, if you were driving a few miles over the speed limit and the other driver ran a red light, the other driver may be found to be 90% at fault while you are found 10% at fault. In this scenario, your award would be reduced by 10% since that is the portion of the accident you were responsible for.

This system can be applied if you take your case to trial. The jury is responsible for apportioning fault between all of the at-fault parties. It can also be applied by an insurance company that is handling the claim.

For this reason, it is important that you have the help of a knowledgeable lawyer who can help prove that the other driver was completely or primarily at fault for the accident to ensure you receive the maximum compensation available for your claim.

If you've been injured in an auto accident in Indiana, contact Wegner & Associates for a free consultation.

What Is the Value of My Indiana Car Accident Claim?

Mon, 30 Nov 2020 21:58:58 GMT

If you were injured in a car accident in Indiana, you may be wondering what your car accident claim is worth. The most important factors that affect the potential value of your claim are discussed below; keep reading to learn more.

Liability

Indiana is an at-fault insurance state, meaning that the party who is at fault for the accident is legally responsible for the damages his or her negligence causes. This is typically handled by filing an insurance claim with the at-fault party's insurance company.

Additionally, Indiana uses a modified comparative fault. If you are partially at fault for the accident, you can still make a claim against the negligent party as long as they are 51% or more at fault for the accident.

However, your award will be reduced by your degree of fault. For example, if you suffered $100,000 in damages and the insurance company or jury finds you 25% at fault for the accident; your award is reduced by $25,000 so you can only recover $75,000.

Insurance Limits

The insurance company will generally not settle a case for more than the driver has in insurance coverage. Therefore, your claim may be limited to the maximum amount of insurance coverage available.

Damages

The potential compensation you can receive also largely depends on the damages you sustained. These are the economic and non-economic losses you suffered. Some common examples of damages are discussed below.

Property Damage

You may be entitled to compensation for the cost to repair or replace your vehicle, as well as other personal property that was damaged in the accident.

Medical Expenses

The medical expenses you incurred because of the accident may be significant. You may be able to receive compensation for the reasonable and necessary medical expenses that are caused by your injury. This includes past and future medical expenses such as:

Ambulance charges
Emergency room visits
Hospital charges
Surgery expenses
Lab tests
Imaging tests
Physical therapy charges
Medication
Mileage to and from medical appointments

Lost Wages

If you were or are unable to go to work because of the accident or injuries you have sustained because of your accident, you might be entitled to reimbursement for your lost wages. Your reimbursement for lost wages or income should be equal to the amount of pay that you would have received during that time.

Also, if your injuries cause you to become permanently disabled and you are unable to return to work or must return to a lower-paying position, you may be able to receive compensation for your lost earning capacity.

Pain and Suffering

You may be able to recover compensation for the physical and mental pain and suffering you endured because of your injuries. While harder to quantify, a skilled lawyer can help you determine key factors to understand how much compensation you could receive for pain and suffering.

Punitive Damages

Punitive damages are meant to punish a wrongdoer for particularly bad behavior and prevent similar misconduct in the future. These damages are more likely to be awarded in cases involving reckless or drunk driving.

Damage Caps

Indiana law imposes some limits on the potential compensation you can receive based on certain types of damages you sustain. For example, Indiana imposes the following damage caps:

$50,000 or three times the amount of compensatory damages for punitive damages, whichever amount is greater.
$300,000 for the wrongful death of an unmarried adult age 23 or older who has no dependents.
$700,000 for personal injury if the defendant is a governmental entity.

Contact an Experienced Personal Injury Lawyer

Get a better idea about the potential value of your claim by discussing the circumstances of your claim with a knowledgeable personal injury lawyer. Contact us today at Wegner & Associates to schedule a free and confidential case review.

Potential Causes of Wrong-Site Surgery

Thu, 29 Oct 2020 23:07:55 GMT

Wrong-site surgery and its related mistakes, such as wrong-procedure or wrong-patient surgery, can be devastating. Wrong-site surgery means you have to deal with the potential complications of surgery while the real problem continues to worsen. Below are some of the reasons wrong-site surgeries occur.

Multiple Procedures

Some surgical sessions involve multiple procedures. The number of procedures affects the complexity and duration of the surgery. Both things increase the risk of a surgical error.

Consider a complex case where a patient needs:

A hepatectomy (removal of a liver section)
An appendectomy (removal of the appendix)
A lobectomy (removal of one lobe of the lung)

For this patient, the risk of wrong-site surgery is higher than a patient only needs a hepatectomy.

Rushed Procedures

Although surgeons are well trained and skilled, they can make mistakes if they rush. A surgeon team might rush their procedure because:

Their facility is understaffed, and they need to work on another patient
They are fatigued due to long work hours
They work in multiple facilities and must shuttle between them to handle their cases

Rushing can cause multiple problems that can lead to wrong-site surgery. For example, the surgeon might rush through the surgical checklist and fail to realize that the marking is erroneous.

Mismarking

Marking the surgical site is a necessary preoperative procedure. The marked area represents the site of the incision. Thus, poor or mismarking increases the risk of wrong-site surgery. Consider a case of breast reduction surgery with improper marking. The patient can easily end up with improper nipple placement or abnormally small breasts.

Communication Breakdown

Most surgical procedures are team efforts. The number and nature of professionals in the team depend on the surgery. Team members include:

Anesthesiologist
Surgeon
Nurses
Physician assistant
Surgical technician

For example, every member of the team should be aware of the surgical site. Otherwise, the responsible person might mark the wrong part and trigger wrong-site surgery.

Miscommunication arises in various ways. For example, some of the team members might not get the information they need if they don't attend the relevant meetings. Note that communication with the patient is just as important as communication between the surgical team members.

Improper Time Out

The surgical team must have a time out just before the surgery. During this period, the entire team pauses to confirm critical information before proceeding. For example, the team must confirm that:

They have the right patient
The marking is correct
The procedure is correct

A bungled time out can easily lead to wrong-site surgery. For example, the surgical team might bungle the process if:

They rush
Some of the team members are not present
Some team members interrupt the process

Say the surgical team holds their time out when the surgeon is not ready. The surgeon might make a wrong incision since they didn't participate in the confirmation.

Staffing Problems

Lastly, many healthcare facilities have staffing problems that can lead to surgical mistakes. For example, staff members of an understaffed facility are likely to be tired most of the time. Fatigue can induce sleepiness and increase the risk of an error.

Another problem arises if, due to staff shortage, the wrong professional performs a procedure. For example, a nurse might mark the surgical site instead of the surgeon. The nurse might make a mistake if they don't have the relevant skill and experience.

You deserve adequate compensation for all the consequences of wrong-site surgery. However, medical malpractice cases tend to be complicated and require legal expertise and experience. Wegner & Associates has both of these and can help with your case. Contact us for a free initial consultation to review your case and advise you on the way forward.

Tips to Reduce Severe Injuries in Auto Accidents

websitebuilder@thryv.com — Thu, 29 Oct 2020 00:43:02 GMT

The best way to avoid auto accident injuries is to avoid all accidents. Unfortunately, you cannot avoid accidents completely, even if you are the most careful person. Other road users, such as intoxicated drivers, can still crash into you. However, the following measures can reduce your risk of severe injuries in case of a crash.

Hold the Steering Correctly

Hold the steering wheel in a way that allows the airbag to deploy appropriately and safely. Safety experts recommend the 9 and 3 position . For this position, you assume the steering wheel is a clock and place your left hand and right hand on the 9 o'clock and 3 o'clock respectively.

The traditional 10 and 2 position is not safe. With your hands so high up on the steering wheel, a deploying airbag can hurt your hands and fingers during a crash.

Avoid Head-On Collisions

A head-on collision is more dangerous than other types of collisions. In a head-on collision, both cars absorb the full impact of the crash. Thus, if you can't avoid an accident (for example, if someone swerves onto your path), avoid a head-on collision at all costs. Swerve to either side of the car so that you can hit a stationary object or change the head-on crash to a sideswipe crash.

Store Luggage Properly

In case of a crash, loose objects flying around inside the car can cause you severe injuries. For example, an object on the dashboard can hit you in the face in case of a collision. Store and fasten your luggage correctly to reduce that risk. Use your car's storage compartments, such as the glove box and truck. Proper storage is particularly necessary for heavy items.

Keep Your Body Inside the Car

Don't drive with any part of your body outside the car. The practice is illegal and increases your risk of severe injuries in case of an accident. For example, even a relatively minor accident can crush your arm or hand if you hang it out of the window.

Use the Seat Belt Correctly

Seat belts effectively reduce the severity of auto accident severities. According to the National Highway Traffic Safety Administration (NHTSA), a front-seat passenger cuts their risk of injury by nearly half if they wear a seatbelt. Wear your seatbelt correctly for maximum benefit. Some helpful seatbelt tips include the following:

Use one seat belt per person, even for children.
Don't wear the shoulder belt under your shoulder - it goes over.
Put infants less than a year old in rear-facing seats.
Use appropriate seats or boosters for children.

Always ensure all seat belts work correctly and are not loose or frayed. Damage reduces seatbelt effectiveness.

Avoid Secondary Crashes

A two-vehicle accident can easily turn into a multiple car crash if you are not careful. The secondary crashes can lead to even more severe injuries. The first crash has already weakened your car and body.

The moment you realize you have been in an accident, take measures to prevent secondary crashes by other cars. Discover some tips that can help:

Remain in the car if other motorists are around - otherwise, another car might hit you.
Pull to the side of the road only if it is safe to do so.
Get out of the car if you can smell gasoline - that way, you won't be hurt in an explosion.
Turn off the engine to reduce the risk of fire.
Switch on the hazard lights.

You can also help yourself and other victims by performing first aid activities. Stick to what you know so that you don't cause further injuries.

If you do get involved in an accident, you deserve compensation from the liable party. At Wegner & Associates, we have the skills and experience to fight for your compensation. Contact us for a free initial consultation to determine how to get you the compensation you deserve.

An Overview of Taxation of Personal Injury Awards

websitebuilder@thryv.com — Fri, 02 Oct 2020 00:09:25 GMT

If you have a personal injury case, find out whether you have to pay tax on your award. Otherwise, you might budget with your award only to have your budget fall flat when the government comes for its cut. The answer varies by case and damages. Below is an overview of taxation on personal injury awards.

1. Physical Injury Awards

A settlement that stems from physical injuries includes both taxable and nontaxable damages. For example, if you fracture a limb in an auto accident, some of your damages are taxable, while others are nontaxable.

Taxable Portions

Below are some of the taxable portions.

Interest. If your injury case takes a long time, the defendant owes you both the original compensation and its interest. You pay tax on the interest portion.
Punitive Damages . Intentional acts or gross negligence may attract punitive damages, which are taxable.
Mental and Emotional Injury. Physical injuries sometimes cause mental and emotional injuries. For example, a graphic accident might lead to anxiety or even depression. You pay tax on the relevant damages.
Lost Income . Lost income typically forms a significant part of personal injury damages. The government taxes lost income with the rationalization that you would have still paid tax on your regular income without the injury.

There is also a breach of contract to consider. A breach of contract, which is a form of product liability, can cause physical injuries or illness. Consider a case where a vendor sells you electrical equipment with the promise that they are safe for outdoor use. You have a breach of contract claim if moisture affects the equipment, and you suffer electrocution. According to enjuris.com , you owe taxes on your breach of contract award.

Nontaxable Portions

Below are the non-taxable portions of your physical injury award.

Medical Bills. All medical bills, including diagnostic, treatment, and equipment bills, are nontaxable. However, your medical bills become taxable if you include them in your tax deductions.
Pain and Suffering . Pain and suffering damages compensate for the pain and discomfort that come with physical injuries. Examples of pain and suffering damages include loss of consortium, physical pain, and emotional pain. These damages are nontaxable.
Legal Lees. Personal injury lawyers typically work on a contingency basis and take a percentage of the award. For example, you may agree to pay your lawyer 35% of your award as legal fees. In such a case, the 35 percent of your award is nontaxable.

Also, some accidents cause both physical injuries and property damages. For example, auto accidents usually cause damage to the car and its contents. In such a case, your auto accident settlement should include property damages. The property damage compensation is nontaxable as long as it doesn't exceed the adjusted value of the property.

2. Emotional Distress Claims

A physical injury can trigger emotional distress, but you can also suffer emotional injury without physical injury. For example, you might suffer emotional distress if:

You watch a graphic and fatal accident of a loved one
Your boss constantly abuses you in front of your coworkers
A coworker harasses you sexually
A journalist defames you in a popular newspaper

In all the above cases, you deserve compensation from the liable party. If you win, you owe the government a portion of the award as taxes.

A typical injury case has mixed damages, some of which are subject to tax, while others are not taxable. Wegner & Associates will help you understand which portions of your award are taxable. We can also help you minimize the taxes. If you have an injury case, contact us for a free initial consultation to determine the best way to handle your case.

An Overview of Breach of Warranty Claims

websitebuilder@thryv.com — Fri, 28 Aug 2020 20:27:57 GMT

A breach of warranty claim arises if a seller misrepresents their product, and you suffer loss because of the misrepresentation. Such misrepresentations typically affect the quality, safety, or function of the product. Below is a brief overview of breach of warranty claims and what you should know if you want to file a claim.

Types of Warranties

The law recognizes two basic types of warranties.

1. Express Warranties

Express warranties apply to claims that a party makes with regard to a product. The claim can be either written or oral. Here are some examples of express warranties:

A tire manufacturer claims their tires will not lose more than 50% of the tread at the 50,000-mile mark.
A milk vendor claims that their milk can stay for a month without going bad if kept within a certain temperature range.
A roofing manufacturer claims that their shingles can withstand winds up to 100mph.

The party doesn't have to use the words guarantee or warranty to make an express warranty. The express warranty arises as long as their words specifically describe the quality or use of the product.

2. Implied Warranties

An implied warranty exists if the seller doesn't make specific claims about their products. An implied warranty means that parties to the transaction have a tacit understanding of the quality and functionality of the product.

For example, if you go to a store to buy milk, the seller doesn't have to tell you that the milk is fit for consumption - you implicitly understand that to be the case. Thus, the seller breaches their implied warranty if the milk turns out to be poisonous.

Potential Plaintiffs

You don't have to be the owner of a product to file a breach of a warranty claim. In addition to the owner, other parties who can file such a breach of warranty claim include:

Bystanders . An example is a defective car that explodes and injures a bystander. The bystander can file a breach of warranty claim against the car manufacturer.
Family members . For example, if you buy bad milk, and it affects everyone in your family, they also have a breach of warranty claim against the milk vendor.
Borrowers . If a neighbor borrows a defective power tool and gets hurt, the neighbor has a valid claim against the tool's manufacturer.

Thus, don't hesitate to file a breach of warranty claim if you didn't buy the product. Consult an injury lawyer to assess the circumstances of your injury and advise you whether you have a claim.

Potential Defendants

A product manufacturer is not the only liable party in a breach of warranty claim. Other parties include:

Vendors, such as wholesalers and retailers, who handled the product before it got to you
Marketers who advertised the product and influenced you to buy it
The company that assembled the product

Include all the potential defendants in your injury claim to maximize your damage recovery.

Potential Defenses

As with other injury cases, the defendants will do everything in their power to avoid blame. For example, the defendants might claim that:

They sold the product to you on an as-is basis or with all faults
You assumed the risk of the product
The product was not the actual cause of your injury
The statute of limitations has expired

A breach of warranty claim is a form of a product liability claim. These claims tend to be complicated, and you may need an expert witness to help you process your claim.

The liable party should compensate you after a breach of warranty. However, they will not just hand over the compensation to you - you have to fight for it. Wegner & Associates has a wealth of experience with personal injury law. Contact us so that we can analyze your case and determine the best way to fight for your compensation.

Factors That May Extend the Statute of Limitations in Indiana

websitebuilder@thryv.com — Fri, 28 Aug 2020 20:07:58 GMT

Statutes of limitations determine how long injury victims have to file their injury cases. Statutes of limitations vary by case, but there are also things that can extend a statute of limitations. Below are some cases where a statute of limitations may exceed the standard period.

Injury Discovery

According to the discovery rule, the statute of limitations begins to run from the day you discover or should discover your injury. The rule makes sense because you cannot file a claim for an injury that you don't know about. The discovery rule only applies to injuries that are not apparent to the ordinary person.

Consider a factory worker who unknowingly inhales asbestos. Ten years later, the factory worker develops lung cancer due to asbestos exposure. In this case, the statute of limitations will run from the date the factory worker discovers their exposure and not the date they inhaled the asbestos.

Victim's Age

For a minor victim of an accident, the statute of limitations doesn't commence until the victim reaches the age of 18 . The rule applies because minors do not have the legal capacity to sue. Indiana has two exceptions to this rule.

First, the rule does not apply to medical malpractice cases. If a minor under the age of six suffers medical negligence, they can file their medical malpractice claim up to the age of eight. For minors over the age of six, the usual statute of limitations (two years) for medical malpractice applies.

Secondly, the rule doesn't apply to derivative claims. Derivative claims are losses that the child's parent might suffer because of their child's injury. For example, childcare costs might increase after a child's injuries. Since it is the parents and not the child that suffers the increased costs, they must file their claim within the standard statute of limitations.

Medical Review Panel

Medical malpractice cases tend to have different rules from other personal injury cases. For example, before you file a medical malpractice case, you must submit your claim to a medical review panel. The panel reviews your case and determines its merit. Once you do that, the panel's decision will halt the statute of limitations for 90 days.

Defendant's Deception

Some medical malpractice defendants go to great lengths to hide their actions from their victims. For example:

A hospital might falsify your medical records to hide their negligence
A doctor might lie to you when you ask them about a suspicious injury
A health care provider might misdiagnose your illness to hide their previous negligence

In such cases, the statute of limitations doesn't begin to run until you discover the fraud.

Defendant's Continuing Conduct

For medical malpractice cases, ongoing conduct can also toll or stop the statute of limitations. The rationale is that you can only file a claim if you know the full extent of your injury, and you can only understand your injury once the negligent conduct stops.

Consider a case where a doctor commits negligence over the cause of a six-month treatment. In such a case, the statute of limitations starts at the end of the six months, and not at the beginning of the treatment or negligence.

Emergency Orders

Lastly, courts can also issue emergency orders to stop or extend statutes of limitations. Courts typically issue emergency orders when their jurisdictions face widespread calamities that hinder normal court processes. For example, many states suspended their statute of limitations at the height of the COVID-19 pandemic.

You need to file your personal injury case as soon as possible after an injury. Otherwise, the statute of limitations might expire and cause the court to reject your application. If you have an injury claim, contact Wegner & Associates for a consultation so that we can commence your case as soon as possible.

Construction Worker Heat Illness Injury Prevention: Know Your Rights

Wed, 29 Jul 2020 13:43:28 GMT

Construction work can be a dangerous job. You are familiar with the risks and endeavor to perform your job safely. Your employer must do their part and make each job site as safe as possible. Some significant construction dangers are the summer heat, humidity, and sun exposure. Know the risks and your rights to a safe summer work environment.

Summer Heat and Sun Exposure Risks

If you are a construction worker, you know summer can be the most brutal time to do your job. You know summer can be uncomfortable. Summer can also be dangerous.

Each year, heat sickens thousands of workers, and heat-related factors even tragically claim lives. Extreme temperatures cause fatigue and discomfort. Prolonged heat and sun exposure put you at risk for escalating symptoms which can include dehydration, heat stress, and even heat stroke. Extreme sluggishness, headache, and even loss of consciousness can occur.

Not only does the heat pose health risks, but also it can cause you to make dangerous errors. Heat fatigue causes your reaction time to decrease and makes trips and falls more common. You may have a difficult time wearing the necessary Personal Protection Equipment, (PPE) such as hard hats, gloves, and goggles. Injury due to the removal of PPE is more common in the heat.

The federal government is aware of these risks and has taken steps to hold employers accountable. At the fourth annual Heat Illness Prevention Campaign kick-off, Secretary of Labor Thomas E. Perez emphasized, "heat-related illnesses can be fatal, and employers are responsible for keeping workers safe."

OSHA Heat Illness Prevention Campaign

The Occupational Safety and Health Administration (OSHA) helps ensure safe work environments. You should be familiar with the mandated OSHA posters at your workplace. OSHA is your advocate for safe and comfortable work.

In 2011, OSHA released guidelines for summer work through the Heat Illness Prevention Campaign. This campaign stressed three crucial components for safe summer work: water, shade, and rest. These concepts seem basic, but consider each in detail to determine if your employer is in full compliance.

Water

You know that staying hydrated is important, but you might ignore your thirst when you focus on getting the job done. Sustained physical labor in the heat makes you perspire more and puts you at greater risk for dehydration. Dehydration signs like dry mouth, lack of perspiration, headache, and fatigue can make you more injury-prone.

Your employer must provide you with water and adequate breaks for water. You should also be trained to notice signs of dehydration and heat stress.

Shade

Sun exposure causes the heat index to rise, which increases your risk for dehydration and for sunburns and skin damage. Your job site needs to take these risks into account. Workers should rotate for adequate rest periods in the shade. When natural shade is not available, employers must supply canopies and umbrellas for shelter.

Employers should also move shifts to cooler parts of the day, and mandate break periods of rest in the shade.

Rest

In combination with water and shade, rest is important. The physical demands of outdoor labor can be too much to handle, especially at the beginning of a heat spell. OSHA Administrator Dr. David Michaels, claimed that "lack of acclimatization was the cause in 74 percent of heat-related citations issued." Your employer needs to ease into outdoor work and allow adequate rest and the chance to adjust to the heat.

Employers must also recognize the various health concerns of employees, who may have varying degrees of heat sensitivity. No matter your health status, you have a right to be safe and protected from heat strain.

OSHA launched a free application for mobile devices that allows you to monitor the heat index at your work site. The app shows your risk level based on the heat index and gives reminders about ways to protect you from this risk.

Take control of your right to a safe and comfortable summer job site. Evaluate your workplace. Download the app. If you feel your workplace does not meet the standards for summer safety and heat illness prevention, and if you feel you've suffered an injury on this account, contact Wegner & Associates for a free consultation.

7 Steps to Filing Your Malpractice Claim

Tue, 28 Jul 2020 17:31:20 GMT

Medical malpractice can contribute to as many as 10% of all deaths. Therefore, it's important to know the steps to take in order to file a lawsuit. Whether you are suffering the effects of medical malpractice or not, these seven steps will help you be ready if you sue.

1. Find a New Doctor

This may be self-explanatory, but if you suspect malpractice, immediately get a new doctor. A new doctor will undo the damage from the malpractice, whether you've been misdiagnosed, suffer from bad treatment, or have had complications because of your condition. Your doctor should always have your health as a first priority. Even if you aren't sure if you have a viable case, change doctors so you can have peace of mind.

2. Keep a Journal

Now is the time to get ready for your case. Keep a journal of any side effects or new conditions caused by the malpractice. You can use this evidence as you build your case. Be descriptive and write often so you can accurately document all side effects of the malpractice.

3. Get an Attorney

Medical malpractice is complicated, and you don't want to go it alone. Experienced attorneys will make sure your claim is filed correctly so you have the maximum chance of success. Be sure to get a copy of your medical records to the attorney you choose and then explain your situation in as much detail as you can - perhaps using the journal you've kept during this process.

Start working with your attorney as quickly as you can. Each state has a deadline for when you can file a claim. Time starts either from the time the malpractice was discovered or when it was committed, so filing your claim quickly will give you a better chance of getting it through to court.

4. Obtain Copies of Medical Records

Your medical records will serve as the main source of evidence for your case. Because they are confidential, you will have to request to share your records with an attorney. Begin this process early because your attorney cannot begin work on your case until they have access to your records.

Your medical records document everything your doctor has done during your treatment and therefore are an essential part of your case.

5. Ignore Other Parties

Your attorney will act as a buffer between you and those you are filing a suit against. Don't contact healthcare providers or anyone in the facility to warn them about your malpractice claim. To be extra safe, keep your social media clear of any comments as well, as the defendants may see them.

The defendant's insurance company could contact you directly once they find out about your claim. Do not speak with them. They may try to twist your words and use them in the case. Let your attorney know if this happens so they can deal with the problem without harming your case.

6. Comply With Pre-Suit Requirements

Each state has different laws on what you have to do before you file your claim. You may need to sign an affidavit that explains the details and effects of the malpractice. If you don't meet your state's pre-suit requirements, your case may be dismissed before it hits the court.

7. File the Complaint

After you complete all these steps, you must file the actual complaint in civil court. This is a formal explanation of your allegations against the doctor or hospital you suspect of malpractice. Once you have filed the complaint, the lawsuit can get underway.

Wegner & Associates prides itself on providing you with skilled attorneys for any personal injury case that you may have. Contact us for a free consultation.

Examples of Medical Malpractice

Mon, 06 Jul 2020 20:08:09 GMT

Medical malpractice arises if a medical provider's negligence causes harm to their patient. Medical malpractice can be very harmful since patients often put complete faith in their medical providers. Medical malpractices come in various forms, though most situations are relatively rare. Below are some examples of medical malpractices.

Diagnostic Errors

Diagnostic errors are a common type of medical malpractice. These errors occur in three main ways.

No Diagnosis

In this case, the doctor fails to diagnose your medical condition even though they should be able to do it. For example, a negligent doctor might fail to diagnose you with a heart attack if your symptoms are relatively mild.

Delayed Diagnosis

A delayed diagnosis occurs if the doctor takes too long to diagnose your medical condition. For example, a diagnosis that usually takes one consultation and a laboratory test might take multiple consultations and tests.

Misdiagnosis

In this case, the doctor diagnoses your condition within a reasonable time, but they get the diagnosis wrong. An example is if your doctor diagnoses a malignant tumor as nonmalignant.

Medication Errors

Medication errors come in various forms. Below are some examples:

Wrong drug : A medical professional gives you the wrong drug for your condition.
The wrong dosage : A medical professional gives you the right drug, but at a high or low dosage.
Improper combination : A medical professional gives you multiple drugs that interact negatively together.
Mislabeling : A medical professional mislabels your drugs, so you don't take them correctly.
Failure to warn : A medical professional fails to warn you about dangerous side effects of your medication.

Note that medication errors can only rise to the level of medical malpractice if they cause significant injuries. For example, you don't have a medical malpractice case if you spot a mislabeled drug and have the mistake corrected in time.

Surgical Errors

Surgical errors are some of the most serious forms of medical malpractice. Here are a few examples of these errors:

Unnecessary Surgery

This error occurs if the surgeon performs a surgery that you don't need. Maybe you don't need the surgery because it won't help you or because alternative treatments can work better than the surgery.

Avoidable Damage

A negligent surgeon might damage tissue or an organ that wasn't the subject of the operation. An example is if the surgeon cuts your large intestine during an operation on your stomach.

Wrong Part or Location

The error might arise if a surgical team operates on the wrong part of the body or makes an incision on the wrong location. An example is if a surgeon operates on the left lung instead of the right lung.

Retained Item

This headline-grabbing error arises if a surgical team leaves an item in the body after the surgery is complete. An example is a needle or sponge left in the thoracic cavity after a chest operation.

Inadequate Follow-Up Care

Limited resources mean hospitals discharge patients before they completely recover. Follow-up care is necessary to help patients continue to recover at home. Without adequate follow-up care, a patient might even worsen in the days after discharge. In such a case, the party responsible for the follow-up failure might be guilty of medical malpractice.

Premature Discharge

Even though medical providers don't have to wait until you completely recover, they should only discharge you if you no longer need hospital services. For example, a hospital should not release a patient who requires major organ monitoring. Such premature discharge can worsen your medical condition, and the responsible hospital will be guilty of medical malpractice.

Medical malpractice is a complicated form of personal injury. Ideally, you need an experienced medical malpractice attorney to help you pursue such a claim. Fortunately, Wegner & Associates has over 40 years of experience with personal injury cases. Contact us today so that we can review your case and decide on how to proceed.

Things to Discuss During Initial Auto Accident Consultation

Tue, 30 Jun 2020 19:46:39 GMT

If you are searching for an auto accident attorney, don't underestimate the importance of the initial consultation. The initial consultation will help both of you to understand your case, and your attorney will use the information to advise you on how to proceed. The consultation will also help you determine if the attorney is a good fit for you.

Learn more about some of the things the attorney might ask in your first meeting.

Accident Description

The lawyer will ask for your account of the accident. The description should include what you did shortly before the accident, during the accident, and after the accident. Other notable details to include are:

The location of the accident
The date and time of the accident
The weather
The cars and parties involved

The attorney should have as much detail as possible about the crash. Expect many questions to that effect.

Specific Injuries

You should also expect to talk about your injuries. Include your injuries as you felt or feel them, and as your doctor diagnosed them. The attorney will also need details of your treatment. Through these discussions, the layer will get vital information, such as:

The cost of your medical treatment
The extent of your injuries
Whether you have reached your point of maximum medical improvement (MMI)
Whether you mitigated your injuries

Provide relevant evidence, such as medical records, for your injuries and treatment.

Discussions With the Liable Party

The information you provide to the liable party can affect your case. Therefore, the lawyer may ask you about the information you have provided to the liable party or their insurance company. Don't forget about written or recorded statements the other party may have from you.

Maybe you admitted to the other driver that you were intoxicated at the time of the crash. The admission can make you partially liable for the accident and reduce your damages. Be honest with your lawyer so that the other party doesn't blindside them with unknown information.

Discussions With Third Parties

What you say to other people can also affect your auto accident case. The defendant will conduct their own investigations and unearth claims that can hurt your case. For example, if you tell a colleague that you are not seriously hurt, the information can get back to the defendant and hurt your case. The defendant can even subpoena the colleague to testify.

Thus, your lawyer will want to know what you have discussed about your accident, and the people you have discussed it with. Online discussions, such as social media postings, also count.

Accident Damages

The subject of damages is important for two main reasons. First, the damages determine how much compensation to demand from the liable party. Secondly, the damages determine whether your case is worth pursuing. Note that your settlement check also covers case expenses and legal fees like:

Some of the damages
Medical bills
Property damages (car plus properties inside the car at the time of the crash)
Lost income
Future damages (such as ongoing treatment and lost earning capacity)
Loss of consortium

The lawyer will use the damages to approximate the dollar value of your case.

Available Evidence

The initial consultation won't end without a review of the available evidence. The evidence determines the strength of your case. Carry all available forms of evidence, such as:

Pictures and video of the accident scene
Medical records
Pay stubs
Receipts or evaluation reports for car repairs
Injury journal, if you have one

Don't worry if you don't have all the evidence. The attorney will help you acquire additional evidence, if necessary, after the consultation.

Hopefully, your initial consultation will go well, and an experienced attorney will take up your case. At Wegner & Associates, we have over four decades worth of experience with personal injury cases. Contact us today for a free evaluation of your personal injury case.

How Distracted Driving Can Impact Your Auto Accident Claim

Fri, 05 Jun 2020 18:33:43 GMT

When your life is disrupted by a careless driver, you might be frustrated, but you have options. If you and your lawyer can prove the other driver was distracted at the time of the crash, you will strengthen your own claim and improve your chances of fair compensation. These steps will help you understand how your lawyer may build a case that the driver who hurt you was distracted.

Recognizing Distracted Driving as a Culprit

Generally, allegations of distracted driving pop up through observations by yourself or a witness. For example, you may have seen the other driver on a phone or drinking coffee before the crash. You or a witness may also notice spilled food and makeup at the scene.

Even if you were blindsided by the crash, it's a good idea to probe the possibility of distracted driving. Because this type of collision is so common, you should at least look into it enough to rule it out while putting together a claim.

Reviewing Past Driver Behavior

A distracted driver may have nursed that habit for years, and this may not be the first accident their distraction has caused. Your attorney can pull the driver's past records, including any prior accidents or tickets received. These records may show a trend of dangerous driving that supports your own claim.

Obtaining Phone Records

Cell phones are the most common culprit behind distracted driving accidents, especially among younger drivers. As of 2013, cell phones were estimated to cause one out of every four auto accidents.

For some drivers, the temptation of a buzzing phone can seem too pressing to ignore, but it endangers everyone else on the road. A few seconds with your eyes off the road is all it takes to cause a potentially fatal crash.

You and your lawyer can request records from a phone company in these situations. These records generally show when and to whom messages were sent, though not their actual contents. An active call or chain of texts is typically enough to prove a distracted driving claim.

Checking Social Media

Texting and calls are not the only way a cell phone can be abused while driving. Social media websites are another frequent temptation, and in many cases, they are open for the public to see. When cell phone records don't turn up much, a quick investigation on the usual social media platforms - like Facebook, Twitter, and Instagram - may turn up posts or other activity from the time of the accident.

Insurance companies regularly check social media for other reasons as well. Drivers often feel comfortable confiding the details of a crash in the perceived privacy of social media. As you prepare your claim, check what the other driver is making publicly accessible. However, be cautious - social media monitoring should never be used to harass, stalk, or otherwise disturb an individual.

Collecting Witness Testimonies

Finally, as with any auto accident, you should work with your attorney and law enforcement to gather witness evidence. This is especially important if you were unable to turn up phone records or other hard evidence of distracted driving. Eating, drinking, making conversation, and applying makeup can all fall under a distracted driving case, but they are harder to prove without a witness's testimony.

If you are the victim of a car accident caused by a distracted driver, you don't have to suffer over another's negligence. With the right lawyer and the right documentation, you may be able to pursue a personal injury claim in addition to your regular auto accident settlement. Call us at Wegner & Associates to find the representation you deserve.

Beyond Product Manufacturer: Other Liable Parties for Defective Product Injuries

Fri, 05 Jun 2020 17:27:15 GMT

The legal principle of product liability entitles you to compensation if a defective product causes you injury. Many people go after manufacturers of defective products in such cases. However, the product manufacturer is not the only one to blame for a defective product. Here are other parties who may share the blame with the manufacturer.

Part Supplier

Some manufacturers don't produce the individual components that they use to make the finished products. For example, a car manufacturer can source airbags, upholstery, and music systems from other businesses. If third parties supply defective products, then the responsible third party should pay the damages.

Take an example where a phone manufacturer sources its batteries from a third party. If the phone batteries prove defective, explode, and cause injuries, then the battery supplier may also be responsible for the damages.

Product Assembler

Some companies source various parts of their products and only assemble the individual parts into finished products. In many cases, product assemblers choose this model of operation to enjoy tax advantages or benefit from homemade tag status. For example, a car factory can import different parts of a car and assemble it so that the car is American-made.

In such a case, the assembler won't escape liability just because they did not make the car from scratch. For example, if you buy such a car and it suffers from unintended acceleration, the assembler may be one of the parties responsible if the defect results in an accident.

Product Installer

For products that require installation, the product installer may also share liability for the damages a defective product might cause. The installer's liability is even more likely if the defect is something the installer should have noticed or if the defect originated from the installer's actions.

For example, you may buy an HVAC system and have it installed by a different party from the manufacturer. If the installer makes a mistake during the installation, then they should pay for any damages their mistake causes. For example, the installer should pay for the losses you might suffer if the HVAC system causes a house fire.

Wholesaler

For products that pass through wholesalers before they reach the final customer, the wholesaler also has a role to play in ensuring they only deal in safe products. You can hold a wholesaler liable for the injuries if the wholesaler does something to make the products dangerous or fails to identify a defect in their products.

For example, a milk wholesaler should pay for any damages their products cause if the wholesaler fails to store some milk properly and the milk goes bad. A wholesaler who buys milk that is already bad is also liable for the injuries the milk might cause. In the latter example, the rationale is that the wholesaler should have confirmed the condition of the milk first.

Retailer

Lastly, the retailer who sold the product directly to you should also share some of the blame if you end up with injuries due to the product's defect. Just like wholesalers, retailers should also ensure that they only stock safe products. Retailers must also safely stock and handle their merchandise.

Therefore, a grocer who handles meat carelessly should pay for the injuries the tainted meat might cause. Similarly, meat retailers should confirm the condition of all products they purchase since they are responsible for the product being safe for consumers.

At Wegner & Associates , we can help you identify all the liable parties so that you can receive the compensation you deserve. Contact us for a free initial consultation if a defective product has caused you injury.

Willa Pandemic Affect My Personal Injury Case?

Wed, 29 Apr 2020 16:01:56 GMT

When you have a personal injury case, you will want to have the case resolved as quickly as possible. However, when a major event, such as a pandemic, occurs that affects everyone, you may be concerned about whether your case will be affected. You may have a difficult time meeting with your attorney, but fortunately, you have ways that you can continue to move your case forward.

You May Find Seeking Medical Treatment More Difficult

One challenge of receiving medical treatment is that some hospitals might be crowded as patients receive treatment during a pandemic. However, you will still need to fight to receive the treatment you deserve and schedule any necessary appointments, such as physical therapy.

Also, make sure to document your efforts to receive medical treatment so you can counter the argument that you must not have been that injured because you did not seek treatment.

Fortunately, clinicians can meet with patients through video chat rather than face to face. This allows hospitals to avoid accidentally spreading the virus to you when you are having a meeting in person. Also, you can remotely communicate with medical experts regarding your case to gather the medical evidence that you were injured.

Settling Will Be Easier Than Going to Trial

If your plan was to go to trial, your case might not proceed as fast if the courts do not have normal operations. In most cases, the courts are considered essential services. However, many states only consider certain court cases to be essential services, such as domestic violence injunctions. Personal injury cases are often not considered essential.

This may encourage you to settle your case out of court, but because the defendant faces no pressure from a jury trial, they might be less willing to settle the case unless you provide a great offer. For this reason, you will want to speak with your attorney and discuss whether a particular settlement offer is worth accepting.

If the case can only be handled through a trial, you do have some procedural flexibility. Some courts can hold hearings by telephone. You may also agree with the other party to use an extension and resume the case later. A high-stakes or contentious case may be easier to resolve with a jury trial, so you may need to wait.

You Can Meet With Your Attorney Remotely

You may be concerned with your ability to meet with a personal injury attorney, but many law firms have invested in becoming entirely paperless. Increasingly, law firms have also created their own digital infrastructure, which allows you to more easily communicate with the law firm and also allows the organization to continue to perform work during the discovery process.

The entire settlement process could be handled remotely. However, a lack of online dispute resolution software may make negotiations difficult. Instead, the bidding rounds might need to be handled through a series of telephone calls or video conferences.

A small law office can meet with clients to perform a third-party arbitration or mediation. This is another alternative to taking a case to court and can help you receive the relief you need much sooner. Video conferencing software can facilitate meetings that would have to be carried out face-to-face in the past and come with useful features such as a digital whiteboard.

If you are concerned about how a disruptive global event can affect your case, give us a call at the law offices of Wegner & Associates. We have fought for the rights of our clients to receive compensation for over 40 years and will work hard to move your case forward.

Top 5 Causes of Car Accidents

Wed, 29 Apr 2020 14:10:22 GMT

According to a recent road-accidents statistical report released by the National Highway Traffic Safety Administration, nearly 6 million road accidents occur in the US every year. That's roughly 16,000 car crashes each day. Even with vastly improved road and vehicle safety features and greater general public awareness, car accidents are still common.

While accidents happen for many different reasons, below is a list of the five most common causes of car accidents in the US.

1. Distracted Driving

The American Automobile Association's Traffic Safety Division revealed that the leading cause of vehicle crashes in the US today is distracted driving. The organization's research showed that distraction played a part in 58% of teen driver accidents. A leading New England insurance company conducted a survey and came up with a list of the top causes of distracted driving:

Using or adjusting objects (2%)
Eating or drinking (2%)
Adjusting the radio (2%)
Engaging with passengers (5%)
Rubbernecking (7%)
Texting or talking on the phone (12%)
Driver daydreaming (62%)

Make sure to stay focused on the road at all times when you're driving to avoid distracted driving.

2. Intoxicated Driving

Most motorists realize the danger of getting behind the wheel while intoxicated, but still, the CDC says that 29 people die every day in road accidents that involve an intoxicated driver. That's more than 10,000 lives per year. Don't drink or take heavy prescription medications if you intend to drive. If you plan on drinking, designate a sober driver in advance or take a taxi.

3. Aggressive Driving

Aggressive driving is any actions that endanger other people. The most common aggressive driving behavior is speeding. Breaking the speed limits reduces reaction time and magnifies the severity of the car crash. Always remember to obey the posted speed limits, even if you are in a hurry. Other forms of aggressive driving include:

Failing to signal or yield the right of way
Weaving in and out of traffic
Disobeying traffic signals (running red lights or stop signs)
Tailgating

The best way to avoid committing an aggressive driving-related offense is by staying calm and relaxed when faced with a situation that makes you impatient or irritable.

4. Night Driving

Did you know that over 50% of all road-related deaths happen at night. When you drive at night, obstacles and hazards are harder to spot, not to mention that many drivers at night are tired. If you have to drive at night, you should be sober and extra alert. Also, be sure to activate your full lights if the road has no streetlights.

5. Bad Weather Conditions

Bad weather conditions such as snow, rain, high winds, or fog can be deadly contributors when you're driving. While you cannot always avoid driving in bad weather, you can apply time-tested, safe driving practices to avoid a car accident. If you have to drive in bad weather, drive below the recommended speed limit, use your fog lights, and constantly check to ensure you are in the right lane.

A huge number of car accidents in the country can be reduced by following simple and safe driving rules and techniques. With that being said, even the best, most experienced drivers can't always avoid an accident.

If the unfortunate happens, and you're involved in a car crash, whether involving one of these five causes or not, a personal injury lawyer can help you protect your rights and interests. If you need legal advice or representation, you can contact us at Wegner & associates right away. We'll do our best to get you the compensation you need so that you can focus on healing and recovering.

4 Tips for Filing a Medical Malpractice Claim

Sat, 04 Apr 2020 14:51:47 GMT

While it may feel like medical malpractice will never happen to you, this situation is a very real problem. A recent study suggests that the third leading cause of death in the U.S. is due to medical malpractice, accounting for over 250,000 deaths per year.

These figures should not destroy your trust in medical professionals. However, you should have an understanding of the steps to file a medical malpractice claim so you are prepared for the worst-case scenario. Here are four tips that could help you with filing a medical malpractice claim.

1. Understand What Constitutes Medical Malpractice

The laws and legislation around medical malpractice cases are heavily mandated, and you are not likely to see much success if you do not have a clear and detailed idea of what constitutes medical malpractice. This can help you determine from the start if your case is worth pursuing.

For you to have a valid claim for medical malpractice, you need to prove that you have suffered injury that was directly caused by a doctor's breach of duty. This injury can include physical pain, mental, or emotional anguish, or unnecessary medical bills and lost income that caused you financial hardship.

2. Recognize When the Doctor Has Committed Breach of Duty

The next step to understanding a medical malpractice claim is to know exactly what constitutes a breach of duty on the behalf of the medical professional. Breach of duty does not have to be something as severe as amputating the wrong limb or causing paralysis. Very subtle forms of improper treatment can qualify as breach of duty.

One of the most common types of breach of duty is when the doctor fails to inform you about the known risks of a procedure or medication. The obligation of the doctor to provide you with this information is known as the duty of informed consent.

Another breach of duty is when the doctor should have the ability to identify your illness with the resources and knowledge he has available but fails to diagnose.

3. Know the Medical Malpractice Laws for Your State

Certain states will have additional regulations you need to follow if you plan to file a medical malpractice claim. You should find out how long you have in your state to file your claim after the injury has occurred. Additionally, your state may require you to provide a notice to your doctor before you file a claim.

Another state-by-state difference in medical malpractice law is whether there is a cap on the amount awarded for medical malpractice claims. These caps apply to the amount that you can win for your claim outside of tangible economic losses. The state you live in will determine how much you can expect to receive for pain and suffering.

4. Hire an Experienced Attorney

By far, the best thing you can do to support your personal injury claim is work with an attorney who has experience in this field of law. A good personal injury attorney will help you collect the documentation you need, handle communication with insurance adjusters and other parties, and generally maximize your chances of success with your claim.

Another benefit of working with an attorney is that many of them will take your case on contingency. This means that you won't owe any money unless you win your case. Many people are not able to afford the thousands it can cost up-front to take their case to trial, so an attorney working on contingency will give you the chance to pursue a case that you couldn't otherwise.

These guidelines are a good starting point for initiating a medical malpractice claim. For detailed guidance through every step of your case, contact Wegner & Associates so we can help you get your life back on track.

4 Risks Associated With Heavy Snowfalls

Thu, 02 Apr 2020 20:14:58 GMT

Winter brings cold weather and lots of snow. While falling snow may be beautiful to watch, it leaves behind a lot of problems before it fully melts. In fact, heavy snowfalls can lead to major accidents, injuries and lawsuits. If you would like to know more so you can better protect yourself, check out these four risks associated with heavy snowfalls.

1. Car Accidents

Snowfall increases the chance of car accidents in a few ways. First, you may struggle with visibility in extremely snow conditions. Even if you can see, however, the snow and ice makes the road slippery. As a result, car tires can't grip the road as well, leading to skidding. In fact, about 17 percent of car accidents occur in snowy conditions, and about 1,300 people a year are killed in car crashes on snowy/icy roads.

Anytime you drive, you must ensure you have adequate insurance, but if you have to drive a lot during snowy weather, it may be a good idea to upgrade your current auto insurance policy. Even if the other person causes the accident, having adequate insurance will help you and your attorney fight your case.

2. Roof Damage

Too much snow can destroy your roof too. Your roof is strong, but it has a limit to how much weight can support. The excess weight of snow can cause the roof to actually collapse. For the most part, a roof can support about 20 pounds of snow per square foot. Ten inches of snow equals about five pounds of snow per square foot.

Some roofs are naturally heavier, such as slate tile roofs. The stones used to craft these roofs are heavy. In this case, even a little extra weight from snow may cause complications. Luckily, most roofs with heavy tiles have a steep slope, which allows water and snow to better slide off.

3. Heart Attacks

Shoveling heavy snow is strenuous and puts a lot of strain on your heart. The cold temperature, however, may prevent you from sweating or overheating, causing you to think you aren't getting overworked. The strength it takes to continually shovel snow is actually more of a workout than running on a treadmill.

Therefore, if you are not in great health or haven't been exercising regularly, you should see your doctor before you do any snow shoveling. If you do need to shovel your walkway or driveway, make sure to treat it like exercise: warm up, take breaks, etc.

4. Slips and Falls

If you don't remove the snow or ice, it increases the risk of slips. If someone slips on your property, they may be able to file a lawsuit against you. Your homeowner's insurance should cover the cost, but expect your premiums to increase. If you are unable to remove the ice, make sure you warn people of the potentially icy conditions. If a trespasser slips on your property, however, you may have no liability because they had no valid reason for being on your property.

Commercial properties have a higher duty of care to protect visitors, customers, etc., from slipping on ice and snow. In fact, most stores are expected to remove any snow and ice from the sidewalk and parking lot.

If you are in good health and shape, shoveling your own sidewalk may not be an issue, but many people can't remove snow on their own because of the heavy weight. Leaving the snow increases the risk of injury, which may lead to a lawsuit. If you would like to better protect yourself from the dangers of snow, make sure you have adequate insurance. For more information or to get a quote, contact us at Wegner and Associates.

What You Need to Know About Wrongful Death Cases in Indiana

Sat, 07 Mar 2020 00:00:00 GMT

Losing a spouse, child, or other loved one is a difficult experience and comes with many burdens that can be mental, physical, emotional, and financial.

If you've lost a loved one due to an accident from someone else's negligence, you may be able to file a wrongful death claim and receive monetary damages from the responsible party.

What Can Cause a Wrongful Death?

To win a wrongful death lawsuit, you'll need to prove that your loved one was killed due to an accident or intentional act that another party is legally liable for. Nearly any accident or act that could lead to a personal injury lawsuit can be listed as the cause of a wrongful death if the victim died as a result of the incident or injuries or illness from the incident.

Motor vehicle accidents are a common cause of wrongful death. Bicycle and pedestrian accidents are other common causes, as are medical malpractice and premise liability accidents.

Determining whether you can adequately prove a death was from another party's negligence can be difficult. Hire an experienced attorney for help going over your case and the evidence. Your attorney can also help you navigate court proceedings and filing deadlines.

Who Can File a Wrongful Death Lawsuit?

Indiana's wrongful death laws allow the personal representative of the deceased person to file a claim for a wrongful death within two years of the date of the death. The personal representative is the person who is responsible for administering the deceased person's estates.

When the deceased person in a wrongful death case is a child, one or both of the child's parents or legal guardians must file the lawsuit. If the parents are divorced, the parent with legal custody of the child at the time of the child's death must file a wrongful death claim.

Other relatives or dependents can receive damages, even when they do not file the lawsuit themselves. When damages are awarded to more than one person in a wrongful death case, the court will decide how the damages should be allocated.

What Damages Can You Collect if You Win a Wrongful Death Case?

A wrongful death lawsuit is a civil case, which means that plaintiffs in these cases receive money damages when they win their cases instead of the defendant facing criminal penalties.

Some wrongful death cases involve a criminal case as well, such as fatal drunk driving accidents, but wrongful death cases from a deceased person's representative are only concerned with monetary compensation to the victim's loved ones.

If you prove that the other party is liable for your loved one's death, the court may award you damages to cover many different types of expenses. Common damages cover medical expenses incurred by the deceased, funeral and burial costs, lost wages that the deceased would have earned, and costs associated with filing the wrongful death lawsuit.

Indiana doesn't generally allow damages to cover the grief of surviving loved ones, but in a wrongful death case where a child has died, the parents may seek damages to cover the loss of the child's love, companionship, and services under the Indiana Child Wrongful Death Act.

Damages must be reasonable but aren't capped in most Indiana wrongful death cases. If the deceased person did not have a spouse, children, or other dependents, damages are capped.

The overall amount awarded in wrongful death cases can vary greatly, so retain the services of an experienced attorney who can help you make sure you get the compensation you're entitled to.

The experienced legal team at Wegner & Associates represents personal injury and wrongful death clients in the Indianapolis, Indiana, area. If you have lost a loved one and think you have a wrongful death case, contact us today to schedule an appointment to talk over your case and the compensation you may be entitled to.

Dealing With Hip Replacement and Personal Injury Suits

Fri, 31 Jan 2020 20:11:12 GMT

Total hip replacement (THR) procedures have great success rates, with about 95% or more of patients experiencing relief from hip pain, according to the Hospital for Special Surgery. While patients are expected to have months of recovery and discomfort, this pain should not last.

If your THR is causing you continual pain, then you could have a personal injury case on your hands. There are instances where total hip replacement fails due to negligence, technical error, or implant manufacturing errors. Learn more about filing personal injury suits related to failed hip replacement surgeries.

Why Would You Want to File a Personal Injury Claim?

Patients with failed THR may experience:

Severe pain in the groin or thigh region, especially when weight is shifted to the THR side
Leg length discrepancy
Damaged nerves around the site
Referred pain or migration of pain to other areas of the body

You have a right to receive compensation for these damages so that you can gain back your health. You can also receive compensation for:

Mental anguish caused by this experience
Lost earning capacity or wages
Unforeseen medical bills caused by the problem

If your THR surgery failed because of a medical professional, you should also file a claim so that the negligence doesn't continue and hurt other patients.

What Kinds of Arguments Can You Make for THR Medical Malpractice?

You'll need to contact a lawyer to discuss your options since you'll need to prove negligence in a personal injury case. Here are four possible claims you could make.

1. That the Doctor Failed to Provide a Proper Diagnosis and Treatment

If your doctor was adamant that you needed a THR without explaining the severity of your condition or explaining the diagnosis, then he or she could be sued for negligence. For instance, if your hip joint could've been helped by cortisone injections, joint supplements, walking aids, or physical therapy that may have led to a better outcome, you may have a viable malpractice claim.

In this instance, you and your lawyer would have to prove that a competent doctor under the same circumstances wouldn't have treated you in the same manner. Expert witness testimonies can help to bolster these types of cases.

2. That the Doctor Failed to Inform You of Known Risks

Besides unreasonable diagnoses, your doctor should have notified you of any potential risks or contraindications. For example, if you have diabetes, use certain medications, or have a high BMI, your doctor should have notified you of potential complications.

You could have pursued alternative treatment, or you should have given your consent to the doctor that you understood an increase in potential complications. Again, if you weren't adequately warned of known risks, then you could sue because the doctor failed in his or her duty of informed consent.

3. That the Doctor Performed a Technical Error

You trusted that your doctor was competent enough to perform the THR surgery. However, intra-operative technical errors happen. According to a Finnish study , a common error made during surgery is the malposition of the acetabular cups. These cups act as the socket for ball-and-socket joint replacements.

If these cups are improperly positioned , you could sue for damages since you may be in pain and experience joint dislocation after surgery.

4. That a Prosthetic Manufacturer Failed to Create a Safe Hip Implant

While you may think your THR failure is due to doctor error, your problems could actually be related to a manufacturing error. For instance, in 2000, there was a recall of Sulzer hip replacements because these products were contaminated with an oil residue during the manufacturing process. This oil residue then made it impossible for the THR prosthetics to bond to the hip bone.

Your lawyer can educate you on product recalls and lawsuits because patients that suffer from these sorts of cases are entitled to settlements.

Contact us at Wegner & Associates for more information on Sulzer Hip Implants or other information on how to proceed with a THR medical malpractice suit.

What to Know and Do After Hit-and-Run Accidents

Thu, 02 Jan 2020 21:42:07 GMT

If you're involved in a car accident where the other driver leaves the scene or your car is hit while you're away from it, such as when it's parked in a parking lot, the accident is called a hit and run. If you're injured in a hit-and-run accident, take all of the necessary steps and be aware of how courts handle personal injury lawsuits to put yourself in the best legal position.

At the Accident Scene

The most important thing to do when you're the victim of a hit-and-run accident is to get yourself and your vehicle to safety as soon as possible and call 911 if you or someone else was injured. Don't attempt to follow the driver - you could miss witnesses and put yourself in more danger from another accident.

You and your passengers' safety and wellbeing is the top priority, but once you're safe and help is on the way, try to write down any details about the other vehicle and driver while your memory is fresh.

Include the color and type of vehicle, which direction it was traveling, and any part of the license plate you remember. Write down the exact location, date, and time of the accident. If you can, take several photos of your vehicle and the accident scene.

Move around so that you have pictures from multiple angles. Include any relevant location markers, such as road signs or billboards, in the background to give more context to where your photos were taken.

Talk to witnesses around the scene of the accident in case any of them have additional information about the driver and vehicle that left the scene. Get witnesses' names and contact information in case the police or your insurance company want to talk to them.

After the Accident

If the police did not arrive at the accident scene when you called emergency services for help with injuries, report the accident to the police directly as soon as possible. Report any hit-and-run accident within 24 hours to give police the best chance to solve the crime and find the hit-and-run driver.

If you don't report a hit and run to the police, your insurance company might also consider you at fault for the accident, which can raise your premiums.

After you've contacted the police, call your insurance company's claim line if you didn't call them for assistance at the scene of the accident. Give your insurance agent as many details about the accident as you can so that your claim will be approved and paid out as quickly as possible.

If you were injured in the accident, take pictures of your injuries from multiple angles. Take initial pictures before you receive medical treatment, but if that isn't possible, just get pictures as soon as you can. Continue to take photos while you heal to help you present your personal injury case in court.

In Court

If the at-fault driver for a hit-and-run accident is found, they will most likely face criminal penalties for leaving the scene of an accident. If you were injured in the accident, you can also take the driver to court for civil damages to cover your medical bills, lost wages from time off work, or pain and suffering.

Many courts impose harsher civil penalties on drivers who cause an accident and then flee, so you might be entitled to more damages than you would have been if the driver who caused the accident had stayed at the scene.

Wegner & Associates represents personal injury victims in the Indianapolis, Indiana, area. If you've been injured in a hit-and-run accident, contact us today to set up a free consultation to discuss your case and determine what damages you might be entitled to.

6 Ways to Make Winter Driving Safer

Wed, 27 Nov 2019 02:16:55 GMT

An average of 1,705 people are killed annually in car accidents due to snow, sleet, or ice-covered roads, according to the Federal Highway Administration, and over 130,000 more are injured. Driving conditions often change quickly during the winter months, so it's important to be as prepared as possible to reduce your risk of being involved in an accident.

1. Stay Up-To-Date on Vehicle Maintenance

One of the most important things you can do to keep yourself safe on the road in the winter is ensure your vehicle is current on all routine maintenance. Take your vehicle to a mechanic for a full inspection before the snow hits to have them check for anything you should fix before you head out on treacherous roads.

Make sure your oil has been changed recently and that other fluids, including coolant, power steering, brake, and transmission fluid, are topped off. Check for any leaks, worn wiper blades, dead bulbs in headlights or taillights, and worn brake pads.

2. Check Your Tires

Check the treads on your tires to make sure you'll have a good grip on slippery roads. Replace any tire with less than 2/32 inch of tread depth. An easy way to measure this is to insert a U.S. penny into the groove. If you can see all of Lincoln's head above the tread, you need a new tire. Make sure there are no cracks or divots in the rubber.

Check the pressure in your tires frequently in the winter. Know what inflation pressure the tire manufacturer recommends and re-inflate your tires as needed. Cold temperatures lead to lower tire pressure, which can increase the time it takes you to stop your vehicle.

3. Prepare for an Emergency

Keep an emergency kit in your vehicle with a flare, flashlight, blanket, ice scraper, spare tire, and first aid kit. You can also put a bag of salt or cat litter in your trunk to use if your tires need some extra grip if you get stuck in snow, ice, or slush. Not to mention the bag gives the back end extra weight so you're less likely to fishtail.

4. Clear Off Your Car

Good visibility is critical to you and other drivers. Take the time to clear your car off completely before heading out on the roads. Use a snow brush or broom to clear off the top of your vehicle. Snow and ice flying off the roof of your car can impair other drivers' visibility and cause a potentially fatal accident.

Don't forget about your exhaust pipe - if it's clogged with snow it could cause a dangerous carbon monoxide leak in your vehicle.

5. Plan Your Route

Check the weather and road conditions before driving so you know what to expect. Allow yourself plenty of extra time to reach your destination in the winter, even if the roads are clear. Weather conditions can change quickly in the winter, and it's important to feel unrushed so you can concentrate on safe, defensive driving.

Use a GPS or keep a map in your vehicle to plan an alternate route in case a road you'd normally take is closed due to inclement weather.

6. Watch Your Speed

Winter is no time to be driving at fast speeds. Snow or ice-covered roads can make your vehicle take up to 10 times longer to stop. You should decrease your speed by 30 to 50 percent of how fast you would go if the roads were in perfect condition. Stay far behind other vehicles, especially large trucks that won't be able to stop quickly.

No amount of preparation can eliminate the chance of being involved in an accident. Other drivers are unpredictable, and even the best drivers can find themselves severely injured due to a weather-related accident.

Indianapolis personal injury attorneys Wegner & Associates can help you determine if you might be entitled to financial compensation for your medical bills, lost wages, and pain and suffering if you or a loved one has been injured in a winter weather-related vehicle accident. Contact us today to set up a free consultation to discuss your case.

What You Need to Know About Product Defects and Related Injuries

Mon, 21 Oct 2019 18:52:07 GMT

When you buy something from the store, you assume it's safe to use as directed. However, accidents happen, including when manufacturing products. For this reason, entire sections of laws exist regarding product defect injuries. If you or someone you love has been injured by a product, keep reading to learn more.

What Are the Categories of Product Defects?

Product defects can be separated into three categories: design defect, manufacturing defect, and a marketing defect.

If the product has a design defect, it usually means the product itself was not designed well for its intended purposes. When this happens, the product is often recalled because if the design had flaws, likely all the products have flaws.

In some cases, a product can be designed well, but something happens during manufacturing that makes the product dangerous and/or defective. This usually only affects a batch of products that were manufactured incorrectly. The correctly manufactured product should continue to be safe.

Finally, marketing defects can also make a product dangerous. Marketing defects, despite the name, actually have more to do with how the product is presented or packaged. This includes missing warning labels and instructions. If the missing information leads to injury, the courts may approve lawsuits involving the product.

Who Is Responsible for Product Defects?

If you do get injured by a product defect, a lot of people may be responsible. Products don't go from the manufacturing floor to your home. A process of distribution happens, which involves a lot of people - a lot of people who perhaps should have caught the defect. For this reason, not only can you usually sue the manufacturer, but you may be able to sue others involved as well.

You can usually sue the retailer who sold the product. This is true even if they had nothing to do with designing or manufacturing the product. You don't even have to be the one who purchased or used the defective product. For example, you may have borrowed the item from someone else or lent a defective item you own to someone.

Luckily, you don't usually have to prove anything in strict liability claims. This is because manufacturers have a responsibility for any defects during manufacturing. If the manufacturer breached a duty that caused the injury, you may be able to sue for negligence, but in cases of negligence, you have to prove the negligence to win your settlement.

Do Some Dangerous Products Have Protection?

Some products are dangerous by nature, and no way exists to change it. For example, toxic chemicals are dangerous when used incorrectly. The courts assume you know this when buying these products, so you knowingly take on a risk. For this reason, you can't likely sue a chemical company for burns because you used their bleach wrong.

If the company did not provide sufficient warnings, however, the courts may determine it is a manufacturing defect. Similarly, if you followed all the directions perfectly and still ended up getting hurt, the courts may feel the manufacturer is responsible.

On the other hand, if you used the product incorrectly, such as modifying a motorcycle by adding parts or using cleaning product without gloves (despite warnings and instructions), the courts may blame you for your own injury and refuse to approve your claim.

If a product causes you injury, despite following all directions and heeding all warnings, you may be able to sue for a fair settlement for your injuries and medical bills. For more information about product defect law and liability, or if you want to schedule a consultation, contact us at the law offices of Wegner & Associates today.

Farm Equipment and Collisions: What You Should Know

Thu, 26 Sep 2019 20:25:14 GMT

The areas surrounding Indianapolis are filled with vast amounts of beautiful farmland. Among this farmland are smaller rural roads that all drivers have to share with farm machinery. If you are not careful, you can get into an accident with a driver of farm machinery, including hay balers, plows, or tractors.

Farm equipment takes up a large part of the roadway and typically goes at a slower speed than a car. Automobile drivers have to remain careful so as to not collide with the farm equipment on the road. How can you avoid an accident, and what should you do if an accident does happen? Read on to learn more.

Do Not Get Frustrated

As soon as you approach a piece of farm equipment on the road, you may immediately feel a sense of frustration. Frustration is understandable, especially if you are in a hurry to get where you are going. However, frustration will not help in these instances. In fact, your frustration will only make the situation worse.

Realize you have to share the road with farm equipment, even if only for a short time. The equipment is typically very large in size and can sometimes take up more than one lane of the rural road.

Do not tailgate the equipment, and keep enough space between your vehicle and the farm equipment to remain safe if one of you need to stop suddenly. Instead, try to remain calm and make a legal pass when you can.

What Is a Safe Legal Pass?

You can easily pass large farm equipment on the road, but you have to make sure to do so safely. Before you try to pass, make sure you can actually see around the farm equipment, as your view may be inhibited due to the size of the vehicle.

Look on the passenger side of the farm equipment as well. There may be signs, mailboxes, or bridge barriers which can cause the driver to shift more to the center of the lane. You have to be careful that both your vehicle and the farm equipment have enough roadway available for you to safely get around. As long as you have plenty of room, and no other cars are coming on the road, you can pass them.

What Happens if You Have an Accident?

If you do end up in an accident with farm machinery on a rural road, you need to know how to react. The first step is to stay put and remain calm. If you leave the scene, you may have to deal with criminal charges, even if you were not the liable party in the accident.

Also, make sure no one is hurt. Check with your passengers as well as the driver of the farm equipment. Depending on the speed involved and the type of equipment he or she was driving, the injuries can range from non-existent to severe. Next, you should call for emergency assistance. Since you are in a rural area, you may have to wait for longer than usual for them to arrive.

When you speak to the emergency responders, be sure to stick to the facts of the case. Do not make any admissions as to fault, particularly for yourself. Even if you think you are partially to blame, do not say so when the officer is taking a report. This is also the time in which everyone should have a medical evaluation to rule out injuries.

A collision with a piece of farm equipment on a rural road is frustrating and scary. You need to know how to best handle the situation. If you are in an accident with a piece of farm equipment on the road, please contact us at Wegner and Associates . We will help you work through your case with as best an outcome as possible.

Mold Exposure and Landlord Liability

Mon, 19 Aug 2019 18:07:14 GMT

Mold can create a dangerous situation for you and your family. Fortunately, more people are aware of the risks of mold today than in the past. In fact, many people are increasingly aware that they may be able to sue a landlord if he or she was negligent in allowing mold to develop in a home.

If you believe you have been exposed to mold in your home that is owned by a landlord, read on. You may have legal recourse for your medical bills, lost wages, and other losses.

What Are the Symptoms of Mold Exposure?

The symptoms of mold exposure are serious and can range from allergic reaction to death. You may experience symptoms like asthma, bronchitis, eczema, and diseases that affect the lungs. In order to recoup losses from mold exposure, you need to experience symptoms that led you to the doctor, and you can use medical bills as evidence of your illness caused by mold growth.

Of course, many people do not experience the symptoms of mold exposure until later. Ensure that you visit the doctor as soon as you experience the symptoms to build evidence of your health issues.

What Should You Do After You Spot Mold?

If you spot mold in your home, contact your landlord — preferably in writing. Your landlord then has the responsibility to address the mold and remove it from the home. The landlord may also be liable for any money you had to spend as a result of your exposure to mold.

If your landlord does not believe that mold has taken over your home, you may need to pay for the costs of inspection yourself. You can then use the results of this inspection as evidence of negligence.

When Is a Landlord Liable?

A landlord may not always be liable for your reaction to mold, so it is your personal injury attorney's job to demonstrate why your case is strong.

Generally speaking, landlords are required to provide their tenants with hazard-free living conditions, which include property free of black mold. They must maintain living quarters that are suitable for habitability, but not all conditions that lead to mold breach the implied warrant of habitability.

For example, your lease may specify that you are responsible for fixing plumbing issues. If a leaky pipe causes mold, the landlord may not be held responsible because you breached your contract to handle plumbing issues. If the landlord was responsible to fix the plumbing issue, you may have a strong case against your landlord.

Each case is different, so speak with an attorney about the specifics of your situation to determine if you can hold your landlord responsible for the mold.

What Should You Do Next?

Your next step is to consult with a personal injury attorney who has experience contending with cases similar to yours. During a consultation, you can work together to discuss your mold case and examine the evidence available.

The potential losses you may sue for include more than your medical bills and lost wages. You can also sue for destruction of property caused by mold, loss of earning capacity, and emotional pain and suffering. You may also discuss with your attorney the costs of being forced out of your home.

At Wegner & Associates , we understand the health and financial implications that come with exposure to toxic mold. Mold can do more than make you ill; being exposed to mold can also affect your ability to work and provide for your family. Do you think you have a case against a negligent landlord? Call us today to learn more.

Personal Injury Case? Avoid These Mistakes

Tue, 23 Jul 2019 09:20:20 GMT

Everybody makes mistakes, but you do not want your mistakes to get in the way of your personal injury case. The steps you take today could lead to your case coming to an end without a settlement or hearing, which leaves you out in the cold.

Want to make the best decisions for your case? Read this guide to avoid some personal injury case mistakes.

Taking Too Long to File a Claim

Every state has a statute of limitations after which you may no longer file a personal injury claim against another person. Of course, you have reason to delay the filing of a claim if you are recovering from intense injuries or in a rehabilitation facility to relearn skills.

The statute of limitations in Indiana is two years following an injury. As a result, you have two years after you discover an injury caused by an accident to file a lawsuit. If you fail to file in time, the judge could throw out your entire case.

Your best bet is to file a personal injury claim as soon as possible. In filing early, you avoid losing evidence or forgetting the details of your case.

Not Receiving Medical Treatment

One of the first things you must do after a personal injury accident is seek medical treatment. Additionally, you must ask your doctor to document the injuries related to the incident. You need a record of the costs associated with the procedures you undergo as a result of those injuries too.

It is not enough to simply receive medical treatment. You must also follow your doctor's orders after you leave the office. For example, the doctor may tell you to stay off your right leg for a while. If somebody posts photos of you hitting the slopes on a snowboard a few weeks later, the photo may be used to show that your injuries were not as serious as you claimed.

Not Making Sure Your Medical Information Is Accurate

If you fail to disclose pre-existing conditions or disabilities to your doctor, you may face some problems in court. If some of your conditions are found to have already existed in an independent medical exam, you may face consequences.

If the judge believes you already had prior injuries and pre-existing conditions, he or she may reduce the compensation you are eligible to receive.

Accepting the First Offer

Many people accept a settlement right away, perhaps because they do not want to draw out the process any longer. Many people like the ease of a settlement, but in many cases the figure the victim is offered is much less than what they deserve. It may take into account your healthcare costs, but it may not take into account property damage, pain and suffering, or future medical concerns.

Whether an insurance company or an individual's personal injury attorney offers you a settlement, do not take it. Instead, consult with your own attorney first and direct all communication through your personal injury attorney. One of the worst mistakes you can make involves speaking with the defendant's insurance company after you have been injured. Anything you say can be used against you in court.

Not Getting Strong Legal Counsel

Many people make the mistake of trying to represent themselves. The role of your personal injury attorney is to make your life just a little bit easier. You can rely on legal counsel to make smart decisions for your case.

Wegner & Associates understands the tasks ahead of you. We offer more than 40 years of experience in the field of personal injury law. Call our attorneys today to establish an appointment for your consultation.

What to Know When FDA-Approved Medication Makes You Sick

Tue, 25 Jun 2019 01:58:53 GMT

There are many medications approved by the FDA to help treat and manage many diseases and medical conditions. However, no system is perfect, and no two people are the same. Sometimes, an FDA-approved medication may make some people sick. If you believe your medication has caused your newly developed health issues, keep reading to learn more.

How Does the FDA Approve Medications?

The FDA approves and labels all medications and supplements, except for over-the-counter products. The FDA may review some of the active ingredients, but they usually trust the manufactures to follow the protocols. Before a drug can be approved, the manufacturer must run several tests to make sure the medication is safe for animals before moving on to testing it on humans in clinical trials.

Once the pharmaceutical company proves the medication is not harmful and works as intended, the FDA will review the application, which normally takes about six months.

Can You Sue the FDA for Approving Defective Medications?

Even though the FDA is responsible for approving medications and stating if they are or not safe, they are protected by sovereign immunity. This is because the FDA is part of the federal government, and with sovereign immunity, you are not allowed to sue any federal, state, tribal, or foreign government.

However, you can sue the FDA, or any governmental agency/worker, if it has waived its immunity, but this only happens in two uncommon circumstances . First, according to the Federal Tort Claims Act, you can sue the government if a person (acting on behalf of the government) committed the wrong. Second, the Tucker act states you may be able to sue if it is included in a contract, and the lawsuit involves the contract.

Can the Doctor Who Prescribed the Medication Be Held Responsible?

Of course, you can't just start taking a prescription medication without approval from your doctor. So, can you sue your doctor if the medication they prescribe makes you sick? The answer depends on your doctor's actions. Your doctor assumes an FDA approved medication will work, just like everyone else, so they can't be held responsible if the medication ends up being defective.

However, you may be able to sue if your doctor was neglectful when prescribing the medication. You may not have been told about the possible side effects or the risks related to your current overall health. The doctor also may have neglected to ask about other medications, supplements, etc., you are on to ensure they won't interfere with the new medication.

When Can You Sue the Medication Manufacturer?

In most cases, if you are the victim of a defective medication, the manufacturer is held responsible. This is because it is their job to test the drug and make sure it is safe for humans. They also need to ensure they run enough tests to know all the potential side effects.

You can sue for three reasons: the product was defectively manufactured, the product was defectively designed or the product doesn't offer enough warnings or instructions. If you do decide to sue, however, your case may be thrown out if you were properly warned by your doctor/pharmacist of the potential dangers or side effects, and you decided to take the medication anyway.

Just because a medication is approved by the FDA, doesn't mean it won't make you sick. Every person's body and health is different, and some medications just don't work well for certain people. If you would like to know more information about suing for medication that made you sick or even took the life of a loved one, contact us today at Wegner and Associates.

4 Things Not to Post During A Personal Injury Case

Mon, 27 May 2019 00:00:00 GMT

It is estimated that 79% of people in the U.S. use some form of social media. If it's not Facebook, it's Snapchat, Instagram, Twitter, Periscope, Vimeo, or some other platform. Some use this to simply stay up to date with family and friends, while others use it to post every aspect of their daily lives.

Unfortunately, there are times that what you post could be used against you, and one of those times is when you are involved in a personal injury lawsuit. Here are four things that should never be posted on social media while you are involved in a personal injury case.

1. Photos or Videos From the Accident

When something traumatic happens, most people want to share it with family or friends right after the incident. Pictures or videos posted on social media can ruin your chances of you winning your personal injury lawsuit. There is truth to the old saying that a picture is worth a thousand words.

Pictures may show elements of your case that contradict your testimony. These pictures can be used by opposing counsel and even expert witnesses to misconstrue what you and your attorney are trying to prove to the court.

Even pictures that are seemingly innocent, for example, pictures pertaining to your recovery, can be taken out of context. Reserve any pictures, videos, or evidence you have for use by your attorney only. If your attorneys feel that it is relevant to your case, they will share it in court and not on social media.

2. Insurance Offers

You may be tempted to share what the insurance company is offering you to settle your case, but this is one of the last things you want to do. While your case may ultimately settle outside of court, sharing what the offers are prior to a settlement agreement being reached could nullify the agreement.

Reaching your settlement is about much more than a sum of money. Your settlement agreement will include what claims you are releasing, the parties covered by the release and the settlement, the contingencies contained within and more.

Just because the amount of money being offered appears to be an amount you are willing to accept, your attorneys will need to review the settlement documents to ensure the accuracy of the rest of the information. Always remember that the agreement is not finalized until it is agreed upon and signed off by both parties.

3. Non-Disclosure Information

Once you reach a settlement out of court, or receive a judgment in court, you may be asked to sign a non-disclosure agreement. This means that you are signing a binding contract instructing that the amount and terms of your settlement not be disclosed or discussed.

If you breach this agreement by sharing the information on social media, you can face some pretty severe consequences. You may incur penalties included in the agreement, or you may find yourself the subject of a costly lawsuit.

4. An Admission of Guilt

Many times when you are involved in an accident, you do not always remember all of the details surrounding the event. While you may wonder to yourself if you were partially responsible for what took place, it is not something you want to post on social media.

To ensure that you do not post anything on social media that may harm your case, consider suspending your accounts during the time your case is active. If you do continue to communicate on social media, ensure that your settings are set to the highest level of privacy and give thought to anything you post.

At Wegner C. Dennis & Associates we will be glad to help you decide what you should and should not share on social media while we help you with your personal injury case. Give us a call today so we can get started.

The Difference Between Workers' Comp & a Personal Injury Case

Fri, 26 Apr 2019 01:59:16 GMT

If you have been injured on the job, you may not know exactly what to do right now. After all, injuries can be difficult to cope with on their own, let alone when you throw in a potential legal case.

The truth is that the same types of injuries can lead to workers' comp cases or personal injury cases. Understanding the different legal options you can pursue is critical to recovering the damages you deserve.

What Is Workers' Compensation?

Workers' comp refers to the insurance employers are required to hold. This insurance covers any work-related injuries for employees. Worker's comp would cover the costs associated with medical benefits and rehabilitation, for instance.

Worker's comp is considered no-fault insurance, which means that you have access to benefits regardless of who prompted the injury. This means that even if you are deemed at-fault for the accident that caused your injury, you can receive benefits. Keep in mind that generally, receiving worker's comp means you are not legally allowed to sue your employer for the same injury.

What Is a Personal Injury?

A personal injury refers to the civil action you might take when you feel that another party is responsible for your injuries. If you believe another party should be liable for your medical bills, disability, and lost wages, you might pursue a personal injury case.

Additionally, pursuing a personal injury case also means that you have the right to sue for non-economic damages. These include issues like pain and suffering, which often relates to loss of companionship or emotional aggravation. While this is not possible for all cases, it may be a potential option for you.

One case in which you might pursue a personal injury case and workers' compensation is if you were injured by a piece of equipment or machinery. This would be a third-party or product liability lawsuit in which you are suing a manufacturer or other business for creating an unsafe product, for example.

Ultimately, you need not be an employee of any company in order to be eligible to sue for a personal injury. In fact, you could even be a customer of a store to sue the entity.

What Do You Need to Consider Before Pursuing a Case?

First, consider that not all employers are required to have workers' comp insurance. This means that you may not necessarily have a choice but to pursue a personal injury claim against your employer.

If your employer does not offer workers' comp, a personal injury case is your next step. Before you pursue a personal injury case, you have a lot to consider. First, you need to consider the fault of the incident. If you were at fault for the injury you experienced, you may not have a strong personal injury case.

Next, you need to consider the monetary value of the case. If you have non-economic damages to consider, like emotional pain or loss of companionship, a personal injury case is an effective avenue to pursue. Non-economic damages include those factors for which you may not be able to prove losses with a receipt or bill.

What Should You Do Next?

Your next step should involve getting in touch with a personal injury or workers' compensation attorney. It is hard to understand the differences between these types of cases, but an attorney will help you follow the right path.

Wegner & Associates offers solace and legal representation for those suffering with injuries after an accident. We can help you determine which legal option is best for your case. Call our office today to discuss the best way to move forward after your injury.

Typical Causes of Slip, Trip, and Fall Injuries

Mon, 25 Mar 2019 17:42:32 GMT

Slip, trip, and fall accidents can lead to serious injuries such as broken limbs, lacerations, and head injuries. If you are a victim of such an accident, the person responsible for your injuries can often compensate you. The following are some of the common causes of slip, trip, and fall injuries.

Surface Hazards

Some of the surface hazards that lead to slip and fall accidents include slippery surfaces, loose surfaces, and uneven surfaces, among others. An oily or watery pavement, for example, reduces the grip between your shoes and the pavement. A carpet tear can catch your shoes and cause you to trip, and a loose mat may reduce traction and cause you to slip.

Unexpected Obstacles

Some people slip and fall because they step on or knock their feet on obstacles that shouldn't have been there in the first place. If you are in a shopping mall, for instance, you don't expect construction tools to be all over the floor. Therefore, if a renovation contractor had carelessly left a hammer on the floor, you may trip on the hammer and fall.

Improper Footwear

Your footwear determines the grip between your feet and the surface and your stability. Your footwear should match the environment or surface you are on. Otherwise, your risk of a slip-and-fall accident increases. For example, you may slip and fall if:

Your shoes have high heels, and you have a heavy weight on your head.
Your shoes have smooth soles, and you are on a slippery surface.
Your shoes have high heels, and you are on a slippery surface.

The more your shoes make you unstable, the more you are likely to slip and fall.

Improper Weight Handling

A heavy load interferes with your center of gravity and increases your risk of an accident. If your work or lifestyle involves heavy items, learn how to handle the weights to reduce your risk of slip-and-fall accidents. You should know the maximum weight you should carry, the way to balance the weight you carry, and the shoes you should wear if you have a heavy load on your back.

Poor Lighting

Light illuminates your environment and helps you detect risks that may cause you to slip and fall. For example, proper illumination ensures you can spot oil spills, missing floor tiles, obstacles, and uneven stairs, among other hazards. You may not notice any of those things if the lights are dim and out, which increase your slip-and-fall risk.

Distractions

You can fall in an average environment if you are distracted. Distractions come in various forms. For example, a conversation with a friend, a phone message, and a commotion across the street can all distract you. Say you are near a construction area and you fixate your eyes on your phone's screen. You might trip up on a dangerous tool or material and fall.

Poor Construction

Poor construction on some premises also increases the risk of slip-and-fall accidents. Floor tiles that don't lie flush on the ground, uneven stairs, and uneven floor surfaces can call cause you to trip and fall.

Equipment Malfunctions

Lastly, an equipment or installation malfunction may also cause you to trip and fall. For example, an elevator that jerks whenever it stops or starts can cause you to fall. An escalator that stops and starts suddenly may also cause you to slip and fall.

In case you trip and fall in another person's property, the cause of your accident determines whether you deserve compensation for your accident. For example, the premises' owner should often compensate for injuries due to equipment malfunctions. Consult Wegner & Associates to analyze the circumstances of your accident and advise you on the way forward after such an injury.

5 of the Most Common Causes of Construction Site Injuries

Tue, 26 Feb 2019 14:27:25 GMT

Construction sites are dangerous places, so it's not altogether surprising that thousands of accidents and injuries a year occur on them. If you were injured on or near a construction site, you may be entitled to compensation. Anyone working on the site may be eligible for a workers’ compensation claim or a personal injury claim, depending on who was liable for your injury. Anyone not employed on the site may be able to file a personal injury claim.

Understanding the most common types of injuries occurring on and around a construction site can help you articulate exactly what happened to you. These five types of injuries account for the majority of construction accidents, making it likely your injury fits into one of these categories.

1. Slips and Falls

Between the use of ladders and scaffolding, fluid spills, and trip hazards like tools and building materials, it's not surprising that slips and falls account for many construction site accidents. Many of these falls are due to clearly provable negligence, such as a lack of safety railings on raised platforms.

Since many construction projects involve working up high on multi-story buildings or the roofs of single-story structures, these falls often cause serious injuries. Fall-arresting systems can mitigate the risk, but if you were injured while wearing safety equipment that failed, you may still have a claim.

2. Falling Objects

Dropped tools, loose building materials, and tipped over equipment can lead to life-threatening construction site injuries. In fact, the Occupational Safety and Health Administration (OSHA) records over 50,000 injuries or deaths due to falling construction items each year. Moreover, this figure doesn't include the number of non-workers injured since those numbers aren't recorded by OSHA.

Almost all cases of falling object injuries involve some kind of negligence because most of these incidents are preventable. Falling tools and building materials are less likely to cause a serious injury when employees are given proper safety equipment, so a lack of employer-provided head protection could be considered negligence it if leads to an injury.

3. Electrocution

As the fourth-leading cause of construction deaths, accidental electrocution is also a major cause of serious and disabling injuries for construction workers. Not all of the risk comes from wiring installed inside of the structures being built, either. Some of these injuries occur when electrical power tools and cords create a shock hazard.

4. Machinery Use

Even when the heavy machinery used for excavating or moving building materials is working properly, construction workers can end up badly injured by them. Injuries may arise from being run over, trapped between moving parts, or pulled into the equipment.

Some machinery injuries even combine with the fall or falling object category, such as when a worker slips off of a tall piece of machinery or is hit by part of it that comes loose. If the machinery was working properly, the negligence may instead be due to a fellow worker's mistake or a lack of OSHA-required safety equipment.

5. Repetitive Strain

Repetitive strain injuries like carpal tunnel or lower back pain are not likely to be life-threatening, but they can still become disabling. Keep in mind that an injury caused by poor working practices does not automatically constitute a workers’ compensation claim. You'll need to prove that the repetition or poor ergonomics was due to a requirement or decision of your employer and not your own responsibility.

Are you wondering if your recent injury on a construction site may entitles you to compensation? Call our team here at Wegner & Associates to discuss your particular case. We'll help with customized advice and a free consultation so you can make the right decision with regards to your legal rights.

Choosing Your Own Doctor for Your Worker's Compensation Claim

Thu, 24 Jan 2019 15:47:13 GMT

Suffering an injury at work is upsetting and frustrating for a variety of reasons. One point of frustration is dealing with doctors chosen by your employer. In the state of Indiana, you must see the doctor chosen by your employer when you are hurt on the job if you want your employer to foot the bill.

The following are some things you need to know about your medical care decisions after an on-the-job injury.

What If You Want to See Your Own Doctor?

Some individuals are most comfortable receiving medical care from his or her own doctor. While this may be the case for you, you do not have the option to see your own doctor if you wish to use Worker's Compensation benefits through your employer. You will be responsible for your co-pays and other expenses incurred by your medical care.

If you wish to use your own doctor despite having access to free care via Worker's Compensation benefits, you may still need to visit a doctor approved by your employer. If you intend to pursue Worker's Compensation benefits for your lost wages due to absence from work, you will also have to go for another evaluation by the employer's doctor of choice.

Can You Change Your Doctor Provided by Worker's Compensation?

Once you decide to see the doctor provided through Worker's Compensation, you could decide you are not happy with the doctor and wish to see someone different within the scope of your allotted benefits.

Unfortunately, you do not have many options for this if you want to keep your Worker's Compensation benefits. If you wish to see a different doctor, you first need to speak to your human resources department to find out if other doctors are approved by your employer's Worker's Compensation insurance carrier.

There are few instances in which changing doctors is permitted. The first is any instance of emergency. If you need special emergent treatment or surgery and you are not near your doctor or he or she is not available, you can receive care from a different doctor.

Another instance is if the doctor chosen by your employer's insurance carrier states you need care and your employer will not authorize it under Worker's Compensation, then you can go to a different doctor.

There could be some other special, specific circumstances in which you can see another doctor for your care, but any changes require approval from the Worker's Compensation insurance carrier. If you think you have a compelling reason as to why you need a different doctor, speak to your personal injury attorney to discuss your circumstances.

Can You Choose to Have Additional Medical Care?

If the doctor provided by Worker's Compensation releases you from care and you still need additional treatment, you can seek additional medical treatment from the doctor of your choice.

You will have to pay your doctor, and there is no promise the Worker's Compensation insurance will reimburse you if the care was not authorized by the carrier. However, you may ask for a free second opinion for an independent medical exam.

Unfortunately, you simply cannot change doctors just because you do not prefer the care when you wish to receive Worker's Compensation benefits. Your employer is contractually obligated to offer you a certain doctor via their insurance carrier. To see if you have options to change doctors, speak to your attorney as soon as possible.

If you wish to discuss your options regarding your medical care after an injury while on the job, please contact us at Wegner & Associates . We look forward to working with you on your personal injury claim for your on-the-job injury.

18-Wheeler Accidents: What You Need to Know

Thu, 22 Nov 2018 00:00:00 GMT

When you share the roadway with large 18-wheeler trucks, you need to understand the impact of what happens if you were to get into an accident with one. You could face severe injuries, damages to your personal property, or worse.

If you are involved in an accident with an 18-wheeler, you may feel scared and not know what steps to take after the accident. Here are some things to keep in mind if you are ever involved in this type of accident.

Call Law Enforcement

If you are able, contact law enforcement as soon as you possibly can. Since large trucks mostly operate on interstates, freeways, or other busy roadways, a police officer needs to be on the scene as quickly as possible to control the other traffic in the area to prevent further accidents and injuries.

The police will secure the area and make sure that you and anyone nearby is safe. Once you and any others involved in the accident are secure, the police officer will interview everyone involved in the accident and take any witness accounts. Be honest and truthful with your account of the accident, but do not admit the accident was your fault. You also do not want to offer an apology.

If you do this, you can be found liable for the accident and ultimately pay for your damages and possibly those of the other drivers. You might believe your actions caused the accident, but another driver, road conditions, or other circumstances might actually be at fault.

Seek Medical Assistance

Injuries of all types can occur when you are in an accident with an 18-wheeler. While some injuries are apparent right away, others are not always noticeable until after the accident is over. You might begin to notice you have pain several hours later. This is due to the rush of adrenaline in your body after an accident. Once the adrenaline slows down, you might feel pain.

You should seek medical attention right after an accident with an 18-wheeler, even if you do not feel pain. You can have significant injuries you are not aware of that, when not diagnosed right away, can gradually get worse and result in a more significant problem.

Medical treatment will serve as part of your evidence if you intend to file a personal injury lawsuit against the driver of the truck. Your medical records will detail your injuries and their cause. Your medical records will also include the costs of your medical treatment along with any future treatment.

Call an Attorney

If you intend to file a personal injury lawsuit against the truck driver, the company the driver works for, or anyone else deemed at fault for the accident, you need a personal injury attorney on your side. An attorney will discuss your case, examine your evidence, and determine whether or not your lawsuit has merit.

Your attorney will also work with the insurance company. The insurance company of the truck driver or the trucking company can try to settle with you for a certain amount of money. You do not have to accept an offer if you would prefer to go to court. You and your attorney will discuss any offers made and decide whether or not you should accept.

If you choose not to accept an offer, your attorney will represent you in court. Please contact us at Wegner & Associates if you need legal assistance or representation. We will go over your case and help you make the best decision for your circumstances. We will work hard to get you the fairest compensation possible for your accident.

Should You Sue After a Car Accident?

Tue, 30 Oct 2018 00:00:00 GMT

If you have been injured in a car accident, then you may have already filed a claim and been denied by an insurance company. While this is bad news, it may not necessarily be the end of the road. When injuries and other costs associated with an accident go beyond what an insurance company pays, you may opt to sue for damages.

Know How Much to Sue For

The value of your accident claim will depend on many different factors. For example, you should consider the value of the pain and suffering you and any passengers have endured as a result of the accident. You can also include financial losses like car repairs, medical bills, and lost wages.

The amount you win in a potential lawsuit depends on a number of different factors, including evidence of fault on either party's behalf. The court will also assess your insurance coverage and evidence of medical issues.

Know Who to Sue

Depending on the type of lawsuit you pursue, you may sue a company or an individual. For example, in cases of manufacturer defect, you would sue the company that produced the car or performed maintenance on it. You should discuss your options with your attorney to find the best choice.

The individual you file a complaint against is the individual you sue in court, otherwise known as the defendant. The defendant has the right to answer to your claim, and, in many cases, the individual or company will deny the claims.

Know How to Prepare for a Lawsuit

Alongside your attorney, you will compile evidence to make the best case possible in the courtroom. Attorneys work with these types of cases all the time, so they are well aware of the types of evidence that make the strongest cases.

One of your first steps will be to request medical records from all doctors that have provided you with care. You will also need to gather documentation about whether or not you were able to return to work after the injury.

You should also compile data about your hours and salary before and after the injury. Be sure to keep track of what you have lost financially as a result of the car accident.

The steps of preparation and gathering evidence are part of the discovery phase. During this part of the trial, both parties will exchange information about the evidence they will present in court.

Know When to Settle

When the defendant and his or her attorneys see the evidence you have compiled, they may opt to settle before the case ever goes to trial. Settlement isn’t always a good choice, but it often can be. While settling allows you to receive compensation faster and avoid many of the costs associated with a trial, you may not be awarded as much as you would be if you go to court with your case.

Know When a Trial Is Worth It

A trial for a personal injury resulting from a car accident is worth your time if the compensation you would win justifies the costs of going to trial. The key point here is that you should always get an attorney's opinion before making a decision — it can be difficult to determine the value of a case.

Finally, keep in mind that you need to act quickly. Car accident claims must be taken to court within three years of the accident. If you sue for wrongful death case, you only have two years. This time limit may become a problem if you experience delayed symptoms associated with the incident.

Wegner & Associates is here to answer any questions about a personal injury lawsuit stemming from a car accident. Call today to set up a consultation.

Ways a Negligent Landlord Can Cause You to Become Injured or Ill

Mon, 01 Oct 2018 00:00:00 GMT

You would like to think you are always safe when you are in your own home. However, some landlords can be neglectful with caring for their rental property.

When they have not taken care of certain issues around the home you rent, this can increase your chances of injuring yourself while you are at home. Here are some examples of ways a negligent landlord's lack of care can lead to you being injured or ill.

Rotted Flooring

Unrepaired rotted wooden flooring runs the risk of someone in your household falling through the flooring. This can happen when you walk across the rotted flooring and the weight of your body causes the flooring to give way, causing you to fall through the flooring and injuring yourself.

Damaged Cement

Chipped, cracked, or broken pieces of cement in the walkways or driveway of your rental home can cause your foot to catch on the cement, causing you to fall and injure yourself.

Looking where you step is not always possible, especially when you carry something or when you have little to no light to see by.

Lifted Flooring

Unstable carpet or linoleum creates a tripping hazard you can get hurt on. Separations, rips, or ripples in the carpet can also cause this same risk of injury.

Broken Stairs

When you go up or down stairs, becoming injured is easy if those stairs are not in good shape. Even tripping while going up stairs can cause injuries. However, falling down stairs is very dangerous and can cause life-threatening injuries.

Leaking Roof

Rainwater coming through a leaking roof can cause electrical problems if the water gets into the electrical outlets or other electrical components.

Presence of Mold

A leaking roof or plumbing pipe can leave behind water damage left behind and can cause mold that can lead to illnesses. Someone with asthma can suffer more asthma attacks.

A previously healthy person can develop the onset of health issues including allergies, infections, and toxic mold disease.

Electrical Problems

Neglecting known wiring issues inside a home can cause fires or lead to someone getting shocked. Always report suspected electrical issues right away.

Rodent Infestation

Once rodents have inhabited the home, the landlord needs to call out a pest control company to correct the issue. Rodents can bring diseases into the home, and even rodent excrement can cause an illness called Hantavirus that can lead to serious lung problems.

Bug Infestation

As soon as you let the landlord know that your rental has a bug infestation, the landlord should address the situation with a call out to a pest control company.

Certain bugs, such as cockroaches, are very unhealthy to live with. Cockroaches can contaminate food with a bacterium known to cause food poisoning and other health concerns.

Heating and Cooling Issues

When the outside weather is at an unhealthy temperature, then you should have a professional repair your heating and cooling system if the system has issues. Living in a house that is too hot can cause heat exhaustion or even heat stroke. Living in a house with freezing temperatures can lead to problems such as frostbite and even death.

Conclusion

If you have injured yourself or become ill due to your landlord ignoring your requests to repair something in your rental, then you may have a case. Contact Wegner & Associates so we can discuss your situation with you. Your consultation is free, so we will let you know whether we feel you have a case and if we can help you with your legal needs. We want to be able to help you as much as possible.

Can You Sue a Salon?

Mon, 03 Sep 2018 00:00:00 GMT

Have you gotten a bikini wax that has gone bad? Did you get a fungal infection from a manicure? You may be able to do something about these injuries in Indiana. Salons and spas are legally required to provide safe and secure facilities for their patrons.

Most salon employees want to do a great job. After all, beauty is their passion. Unfortunately, some employees and salon owners make mistakes, and sometimes they are negligent. The results can be devastating for you and your loved ones.

If you have been injured or become ill after visiting a salon, read on. You may be able to do something about it.

Types of Salon Injuries

Many personal injuries can result from a casual trip to the salon. You might be surprised how often salons are sued for injuries they cause.

One woman in Fort Wayne claimed she contracted MRSA from a manicure. One of the dangerous challenges posed by MRSA is that it does not respond to antibiotic treatment. Other bacterial infections may result in forced amputation of limbs. One man faced the threat of amputation after visiting a Muncie salon for a pedicure.

Another woman went into cardiac arrest and faced painful lesions because a hair salon employee used two types of dye in her hair. She spent days in the hospital in life support and faced a long recovery after multiple surgeries. She must now live with a defibulator and face additional surgeries in the future.

Burns are also commonly associated with beauty salons. Patrons have been injured by curling irons, dryers, waxes, and dyes, too. Thermal and chemical burns may range from first-degree to third-degree status.

Types of Evidence for Salon Injuries

As for any case, you must begin gathering evidence to support your claims if you choose to sue for personal injury. For instance, if you got an infection from a salon, you need to prove that infection is not a normal risk one might expect during a salon procedure.

First, you might look into the credentials of the salon you visited as well as its employees. You may find that some employees have not been properly trained or certified to perform tasks. You can also call into question the unsanitary nature of the facilities and any equipment employees used.

Salon employees are trained to perform certain tasks, like pre-treatment tests on your skin, before they pursue a full treatment. They are also trained to sanitize equipment thoroughly. If they don't perform these tasks as expected, your health and safety are at risk and the salon could be held liable for negligent behavior.

Next, you need documentation of your injuries. Retain copies of your medical records, including treatments and bills from your injuries.

Types of Damages for Salon Injuries

You may recoup damages for several issues linked to your salon visit so long as you can prove they are owed to you.

Medical bills are the most common damage associated with personal injuries. The law determines that plaintiffs must be made whole, meaning the salon may be forced to cover your medical expenses.

You may also sue for lost wages. The woman with MRSA mentioned earlier was unable to work, so she lost her job. You may also sue for lost earning potential.

Sometimes, a lawyer may opt to fight for emotional damages, too. For instance, the case involving MRSA meant a mother was unable to care for her children, prompting emotional pain and suffering.

Contact a Personal Injury Attorney Today

If you are facing an injury caused by a salon, you may have a strong case in your favor. You need to discuss your injuries, medical history, and case circumstances with a personal injury lawyer before moving forward.

Wegner & Associates has years of experience in protecting the rights of people just like you. Call us today to see what we can do for you.

What Are Cruise Injuries?

Thu, 26 Jul 2018 00:00:00 GMT

Most people take a cruise to enjoy the glow of the warm sun or to visit faraway destinations. Nobody expects that they will become ill or injured while aboard a cruise ship. Unfortunately, it happens all too often.

Cruise lines hire insurance companies to deal with issues like illness and injury, and these insurance companies are not consumer advocates. They may seek different ways to avoid paying you for damages you experience on the ship.

If you are going on a cruise in the future or were injured on a cruise in the past, knowledge is power. Read this guide to learn more about cruise-related injuries and what you can do about them.

The Most Common Cruise Injuries

Cruise injuries may vary from soft tissue injuries to severe illness. Research shows that open wounds are the most common injuries on cruise ships, and many incidents also happen at the ports of call.

Slip and fall accidents are common on cruise ships because floors can easily become wet and because the ship is always in motion with the waves. If you are near a swimming pool, you are at especially high risk for falling. Falls are also common resulting from defective staircases, loose railings, and unlit hallways.

Living in close quarters can be dangerous too. Other travelers on the ship may bump into you or even assault you. If a fight breaks out and security fails to stop it, you could have a case for negligence.

While cruise ships typically offer swimming areas, these areas are not always maintained well. Additionally, they are not always supervised adequately.

With illness, food poisoning often occurs on ships. Tainted food can impact many passengers at once.

Unfortunately, some incidents that occur on board a ship could lead to death, such as foul play, drowning, and illness. In a case like this, your best bet would be to file a wrongful death lawsuit if you believe the cruise operator was negligent and contributed to your loved one's death.

The Consequences of Cruise Injuries

Steep medical bills are one of the most common consequences of cruise injuries. If you suffer from extreme injuries, you may have to take time off work to recover.

You may sue a cruise operator for the costs of your medical bills. Lost wages and loss of potential income are possible damages you can sue for as well.

The Best Way to Deal with Cruise Injuries

First, you should always seek emergency medical care for injury or illness that occurs aboard a ship. Failing to seek medical care on the ship could mean that the cruise can prove in court that the injuries were not serious.

After you get home from the cruise, follow through with medical care. Keep documents and photos associated with your visits to provide clear-cut evidence in court.

Next, you should seek legal counsel to look into your case. Personal injury attorneys can act as your advocates in court, suing the cruise line or insurance company for damages you deserve. Suing a cruise company for negligence may be your best opportunity to recoup your damages.

Securing a lawyer is especially important, considering that many cruise ships are not registered in the United States. This means that maritime law may apply in cruise ship cases. Additionally, you may have signed documents releasing liability in some situations.

Your attorney will have the knowledge necessary to assess your case. Act quickly to avoid running into a statute of limitations.

Do you have a personal injury case against a cruise line or company? Wegner & Associates may help you. Call today to set up an appointment for a consultation with a legal professional who can manage your case.

3 Signs You Should File a Dental Malpractice Suit

Tue, 03 Jul 2018 00:00:00 GMT

Modern dental anesthetics are a powerful way to combat the discomfort associated with decay removal and full smile restorations, but even these seemingly gentle medications can cause problems if your dentist administers too many injections.

Unfortunately, overdoses of dental anesthetic are more common than most people realize, with some studies showing that 69% of dentists aren't familiar with the maximum recommended dose for adult patients. Here are three signs you were given too many anesthetic shots, as well as why you should consider filing a medical malpractice lawsuit.

1. You Have Permanent Nerve Damage

Dental anesthetics work by temporarily blocking pain signals from your tooth or soft tissues to the brain. Unfortunately, if too many shots are given, the nerves can be permanently damaged, causing problems like constant pain, a pins-and-needles feeling, or even problems moving your face, opening your eyes, or smiling properly.

While it is completely normal for patients to have some numbness and tingling after a dental procedure, patients should seek emergency medical treatment if the feelings linger. As a general rule of thumb, the vast majority of numbness should wear off a few hours after the appointment.

If you have permanent nerve damage caused by excess anesthesia, you might still be experiencing numbness or tingling days, weeks, or even months following the procedure.

While research has shown that up to 85% of patients with nerve damage get better on their own within two months following the botched procedure, your chances of recovering from nerve damage after that timeframe are slim. In fact, studies have shown that up to one-third of patients with serious anesthetic nerve damage don't recover at all — leaving some people with serious long-term disabilities.

Pay attention to the discharge instructions you are given during trips to the dentist, and ask how long you should expect numbness to last. If you experience ongoing numbness, record your symptoms and take photos of your face, teeth, and jaw. If you decide to file a lawsuit, this information can help to prove your case.

2. Your Face Has Swollen

Because the nerves in your face also manage blood flow and help with muscle contractions, people who experience nerve damage from excess anesthetic can also have trouble with edema, or swelling of the face and neck. In addition to giving your face a skewed appearance for days or weeks following your procedure, swelling can also constrict blood flow and interrupt healing.

Extended, uncontrolled swelling can also cause tissue death since the gums and teeth won't receive the nutrients they need to survive. Because swelling can also be caused by infections stemming from improper surgical techniques, it is a symptom patients should never ignore.

Report excessive swelling to your dentist immediately, and consider going to the emergency room if your doctor doesn't take the symptom seriously. Getting a second opinion can help you to determine if your swelling is within normal limits, and it will help you to strengthen your lawsuit if you need to file one.

3. A Loved One Passed Away Under Sedation

Unfortunately, some people experience more than a little swelling and nerve damage while undergoing dental anesthetic. Since some patients are allergic to anesthetics, it only takes a few shots for dentists to create true medical emergencies. This is especially true in children or smaller individuals since it takes less medicine to cause anaphylaxis.

If you have a loved one who has passed away while under the care of a dentist, talking with a lawyer could prevent other families from enduring what you have gone through. Wrongful death lawsuits can also help you and your family cope with the financial implications of paying for a funeral.

You have every right to be upset if you have developed problems after a recent dental appointment. Fortunately, you can seek the legal help you need today by reaching out to our team at Wegner & Associates . With more than 40 years’ worth of experience helping our patients fight for their rights, we can help you to heal financially from your experience. Give us a call today to learn more.

4 Common Birth Injuries Can Become Cases for Medical Malpractice

Sat, 02 Jun 2018 00:00:00 GMT

The birth of a child should be a happy time. However, difficult childbirth can result in more than an exhausted mother and infant; it can result in birth injuries. Some birth injuries are relatively minor and may even go away on their own. However, if an infant suffers a more severe birth injury that results in pain and suffering, the parents may have a case for medical malpractice.

1. Caput Succedaneum

Caput succedaneum is the term for swelling on a newborn's scalp. The swelling may present as a lump anywhere on the scalp, or it may give the infant's head a conical look. The cause of the swelling is prolonged pressure from the dilated cervix or the vaginal walls. While the condition is common in long, difficult labors, the doctor's use of vacuum suction or forceps can cause the swelling.

Caput succedaneum is usually minor and typically goes away with no long-term harm to the baby. However, in some cases, the swelling can increase the newborn's risk of developing jaundice. In rare cases, jaundice can lead to a complication known as kernicterus, which is a form of brain damage.

The only way you could make a medical malpractice case for caput succedaneum would be if the jaundice was undiagnosed or misdiagnosed, thus leading to kernicterus.

2. Erb's Palsy

Erb's palsy is a nerve-related injury that happens when an infant's shoulder or neck is stretched excessively during delivery. The stretching can damage the nerves at Erb's point, which is a convergence of cranial nerves near the baby's neck. The nerves can stretch, tear slightly, rupture, or tear completely away from the spinal cord.

The more significant the nerve injury, the more severe Erb's palsy is. Babies might not be able to move their arm but still wiggle their fingers. With more severe forms, they may appear paralyzed on that side. Erb's palsy is treatable with physical therapy or surgery. The infants usually recover fully, but the condition is sometimes permanent.

You might be able to make a case for medical malpractice if the doctor pulled on the infant's arm or used a medical vacuum or forceps that caused the nerve damage.

3. Cerebral Palsy

Cerebral palsy is a blanket term that refers to a disorder of muscle movement, tone, or posture. Typically, the disorder is caused by damage to the infant's developing brain. The damage can come before, during, or up to a few weeks after birth. Some causes of the damage include maternal infections during pregnancy, brain injury during delivery, and lack of oxygen during delivery.

The severity of the disorder ranges from mild to severe. Children with cerebral palsy can exhibit difficulty with hearing and seeing, abnormal pain perceptions, and some intellectual disability. In more severe cases, they can experience tremors, seizures, and difficulty walking or eating. They may be unable to control drool and may even have difficulty speaking or swallowing.

If the disorder is a result of physician error, such as misdiagnosing a maternal infection or causing brain damage during birth, you could have a case for medical malpractice.

4. Hypoxic-Ischemic Encephalopathy

Hypoxic-ischemic encephalopathy (HIE) is brain damage that occurs when the baby's brain doesn't receive adequate amounts of oxygen during the birthing process. The following situations can cause the lack of oxygen:

Knots in the umbilical cord
Rupture of the uterus
Separation of the placenta and uterine wall too abruptly
Trauma during delivery, such as the infant getting stuck in the birth canal
Compression of the umbilical cord

Cerebral palsy and other developmental disorders can result from HIE. The infant can develop jaundice or attention deficit hyperactivity disorder. In the most severe cases, the infant can be stillborn.

Physicians are responsible for monitoring the mother's and baby's status during delivery. If they fail to diagnose one of the above situations or even cause it themselves, you can make a case for medical malpractice.

The hope is that every infant is born without injury. However, if you suspect your newborn suffered an avoidable injury during birth, consult with the medical malpractice experts at Wegner & Associates .

Turbulence And In-Flight Injuries: Who Is Responsible?

Thu, 03 May 2018 00:00:00 GMT

Turbulence is a danger that affects multiple airline passengers every year. However, people tend to overlook this situation until they are directly affected.

The task of treating and moving past an injury is a struggle enough for any victim, but for individuals injured due to in-flight turbulence, there are often several questions about liability, in terms of who is responsible for the injury. Every case is different, but there are specific factors that may help put things in perspective.

Duty to Inform

Aviation technology has equipped pilots with the ability to predict patches of dangerous or unstable weather along their route. A pilot is not necessarily tasked with the responsibility of avoiding these hazardous zones, as this is not always possible.

Pilots are tasked with the duty of informing passengers of these weather patches so that they can take the necessary safety precautions.

When the pilot or flight crew fails to notify passengers, and an individual is tossed around while walking to the bathroom, any injuries sustained are not solely the result of the turbulence, but the result of the crew's negligence in informing the passengers of potential dangers.

Act of Nature

If you're a frequent air traveler, you are quite familiar with airline policies surrounding acts of nature. Massive storms like blizzards, rainstorms, and other weather hazards fall into this category.

In the same manner that an airline can avoid paying incidental costs to a passenger stranded due to an act of nature, airlines may also use this as a defensive tool to avoid responsibility for a turbulence caused inflight injury.

Unfortunately, when a pilot recognizes the threat and takes the appropriate steps to alert passengers, the airline may not legally be responsible for any injuries sustained by passengers since the event was an act of nature.

Equipment Failure

A turbulence injury related to a failed piece of equipment while in-flight is often complicated to tackle, in terms of assigning liability. Take an overhead bin door that unlocks and sends all the luggage toppling on top of a seated passenger, for instance.

If the locking mechanism showed previous signs of malfunction that were ignored by the flight crew, and the jolt from the turbulence caused the lock to open, the airline could be liable. If the reason for the lock's failure was a design flaw, the manufacturer could be responsible, which could open the door to a liability claim, as well as the airline.

Injuries sustained from equipment should always be examined by an attorney to determine who is at fault, or if there are multiple parties to blame.

Passenger Compliance

The pilot and flight crew may play a large role in terms of ensuring safety while in the air, but passengers are not absolved of any responsibility in this area. If a passenger is not adhering to safety guidelines, it may be challenging to place blame on the airline for their in-flight injuries.

If the pilot has alerted the cabin of the upcoming weather and a passenger decides to ignore the requirement for passengers to remain in their seats, with their seatbelts on, this incident may be viewed as an incidence in which a passenger was not compliant.

The airline may successfully argue in this situation that had the passenger followed the safety protocol they would not have sustained any injuries.

If you or a loved one suffered an in-flight injury due to turbulence, you need to speak to an attorney. Don't let someone else tell you that you aren't due any compensation or that your injuries are of your own doing. Schedule a consultation with Wegner & Associates so that we can examine your case and help you claim any compensation to which you may be entitled.

3 Things You Should Never Do After an Injury

Wed, 04 Apr 2018 00:00:00 GMT

If you were injured as the result of someone else's actions or negligence, you may be able to file a personal injury claim. A personal injury claim is designed to help compensate you for medical expenses, lost wages, permanent injuries and disfigurement, and pain and suffering as a result of the accident.

The amount of money you are entitled to varies based on many factors. However, many people do not realize that the actions they take immediately following the accident and before the case is settled can have a direct impact on the outcome of their case and the money they receive. As such, you want to avoid doing things that can negatively impact your case.

Here are three things you should never do if you have been injured and may be able to file a personal injury claim.

1. Apologize or Admit to Any Fault

Following an accident, many people are quick to apologize or make statements about fault. For example, if you were involved in a car accident, you may tell the other driver that you are so sorry. While you may mean that you are sorry the accident occurred, saying that you are sorry can actually be taken as an admission of guilt.

Likewise, you should never make statements that indicate you could have any fault in the accident. For example, if you were injured in a slip and fall accident, you should never state that you could have slipped due to the shoes you were wearing.

Avoid apologizing or admitting to any fault in an accident, as you could admit to things that have no bearing on why the accident occurred. And once you say them, the statements can be used against you and they may negatively impact your case.

2. Give a Statement to Anyone but Your Lawyer or Police

Following an accident that has left you injured, you should avoid giving a written or recorded statement to anyone aside from your attorney and law enforcement officers. This includes the insurance company.

Any recorded or written statement can and will be used against you later. After an accident, your recollection of what happened may be blurry, you may be in pain, you may be stressed out, or an insurance agent can ask you a question you don't fully understand. Unfortunately, once you answer the question, it is hard to change that answer later and explain why the answer changed.

There is no benefit to you to give written or oral statements to anyone outside of your attorney and law enforcement. As such, it should be avoided.

3. Discuss Your Case on Social Media

The last thing that you should avoid if you have been injured is discuss your injuries or case on social media. In fact, it is strongly recommended that you avoid social media as much as possible while your case is ongoing.

Many people make the mistake of posting pictures that can be detrimental to a personal injury claim. For example, you may post pictures of yourself that make you look happy when, in reality, you are depressed and trying to get compensation for psychological damages.

Unfortunately, these happy-looking pictures could be used to undermine your case. Thus, it is best to avoid social media so the things you post can’t be used against you.

If you have sustained injuries due to an accident in the greater Indianapolis area, and you believe another party is responsible for those injuries, you may be eligible to file a personal injury claim. Here at Wegner & Associates, we can help determine if you have a compensable claim and proceed with winning that claim. Contact us today to get started.

The Risks of Cheerleading: What You Should Know

Thu, 01 Mar 2018 00:00:00 GMT

Everybody loves a cheerleader; they hype the main game and get the crowd roaring. However, cheerleading has evolved from a simple cheer routine to a complex sport of its own these days — with fierce athletic competitions between teams.

What if your child decides that they want to becomes a cheerleader? What should you know about the sport before you consider letting your child join? If there is the potential for your child to be injured? What do you need to know about liability?

The Hazards of Cheerleading

From age five through college ages, cheerleading is a very dangerous sport. In fact, some reports consider it the most dangerous sport for female students period, even more so than gymnastics. Roughly 65% of all disabling or fatal sports injuries among high school-aged girls now come from cheerleading.

Among college-aged women, the percentage of catastrophic injuries attributed to cheerleading spikes to more than 66%. Some experts even believe that the true number of cheerleading injuries is actually higher. The only sport more dangerous than cheerleading to a student's health is football.

Research suggests that one reason for this unreasonably high number of serious injuries from cheerleading may be because of the gymnastic-like stunts now common in cheerleading routines. A related reason may be the fact that the chance for serious injuries increases when incompetent coaches teach complicated routines they don't have the experience or training to direct.

The Legalities of Cheerleading injuries

Usually, if a student engages in a dangerous physical activity, they assume a certain risk of injury. Essentially, the law acknowledges that when a sport is dangerous, there will sometimes be injuries that are not really anyone's fault. In other words, an accident does not always equal negligence.

If the accident isn't the result of negligence, typically your own insurance will pay for at least part of the medical fees. If it happens on school grounds, the school may be responsible for up to $1,000 in medical fees.

It's important to understand, however, that the courts have begun to impose a much stricter liability on the schools over recent years in response to the increased danger of cheerleading stunts. Now that many areas have reclassified cheerleading as a sport, the students doing the cheers are entitled to all the same safeguards as any other student-athletes.

This means that when an accident happens, it's important to look into whether or not the accident is a result of negligence. An accident attorney should question whether or not the accident could have been avoided:

If the school carefully checked into the coach's history to see if there were previous accidents where he or she worked
If the coach was orchestrating stunts that were beyond his or her skill to teach and his or her cheerleaders to perform
Whether or not the student-athletes and their parents were adequately warned of the dangers of cheerleading stunts
Whether or not the stunts were performed using appropriate safety equipment, particularly during the training phase

In addition, if the injury done to a fallen cheerleader could have been mitigated by a better planned and more carefully-handled emergency-response protocol, that could also lead to a negligence claim.

In Conclusion

Cheerleading has evolved into a fully-fledged sport that requires a combination of gymnastic ability, competitive spirit, and athletic skill — but it can also be lethal or end in a catastrophic injury. Anyone thinking of allowing a child to join a cheerleading team should check into the team, the coach, and the school carefully. Find out if the coach has the requisite training to be coaching the type of cheers the students are doing.

If your child is seriously injured, don't assume that the school is free of liability. If negligence was involved, you may have a viable claim. Contact our lawyers at Wegner & Associates to discuss your situation.

4 Essential Questions to Ask at Your Free Consultation

Wed, 31 Jan 2018 00:00:00 GMT

It's a good idea to consult with a personal injury attorney if you're injured, and someone else is responsible, whether it was a slip and fall, car accident, or medical malpractice. Most attorneys waive the fee for your initial consultation. The purpose is for your attorney to gather more information about your case. You can make the best use of your time during your initial consultation by preparing beforehand.

It's helpful to bring all relevant documents, including accident reports, photographs, X-Rays, and any other pertinent information. In addition to your attorney getting to know your case, you'll have the opportunity to ask questions. Here are four key question to get answers to during your consultation.

1. What is My Claim Worth?

The goal of a personal injury attorney is to file a successful claim and recover fair compensation. Insurance adjusters and personal injury attorneys use formulas to determine the value of your damages.

There may be a discrepancy in the amount the insurance company offers and the amount your lawyer determines is fair. This is where negotiation comes in.

Each case is different, and a number of factors go into putting a dollar amount on your losses. Typical factors used to calculate the value of your claim include your total medical expenses, loss of earnings due to missed work, physical and emotional pain and suffering, permanent injury, disfigurement and disability, reduction in quality of life during your recovery period, and future losses. Your attorney will determine what your claim is worth.

2. How Long Will My Case Take to Settle?

While the claims process is typically fairly straightforward, reaching a settlement can take some time. It's impossible to know exactly when your case will be settled. However, this is one of the most common questions clients ask, and your attorney can provide a general ballpark range to give you an idea.

A quick settlement may work in favor of the insurance company, depending on the type of injury you've sustained. Some injuries have a less predictable course of recovery, and you may require additional treatment that needs to account for. If you settle too quickly, you may miss out on fair compensation for future medical expenses.

Hiring a personal injury lawyer does not speed up the time it takes to reach a settlement. However, an experienced personal injury attorney will ensure that they handle your case professionally and that you receive a fair settlement for your injuries and losses.

3. Who Will Be Handling My Case?

It's important to find out who will be in charge of handling your case. It's not uncommon for personal injury clients to meet with an attorney for a consultation and then have their case handed off to an associate. Find out if the attorney you're meeting with is actually the contact person for your case.

Find out the specific person who will file your claim, work on your behalf in negotiations, and represent you, should your case go to trial. You want to make sure that your case will not be handed over to a less experienced associate.

4. Have You Handled Cases Similar to Mine?

Not all cases are the same, so it's best to find out if the attorney you're meeting with has experience handling cases like yours. During your consultation, inquire about the attorney's case history and directly ask if they've handled cases like yours. Ask about the outcome of the cases and pay attention to whether the claims truly are similar to yours.

When you or someone you know is injured, you may have a lot of questions. Let Wegner & Associates help you with your claim. Contact us for a free consultation. We fight for clients to receive a fair settlement for their injuries.

When You Slip And Fall, Your Landlord Could Be Responsible

Tue, 09 Jan 2018 00:00:00 GMT

When someone slips and falls on their property, they typically place sole liability for their injuries on themselves. However, when the victim is renting the property, this isn't always the right assessment. When an individual slips and falls in an apartment, condo, or house they're renting, the landlord may share some, if not all, of the liability.

Landlord Negligence

One of the perks of renting a property is the absence of the responsibilities that come along with ownership. Provided you aren't at fault, when there is something wrong with the property, you can defer these tasks to the owner, as it is their responsibility to maintain the property. In the same aspect, it is the responsibility of the owner, or landlord, to ensure the property is safe.

When the landlord has knowingly failed to accomplish this, this is known as an exercise of landlord negligence, which leaves property owners responsible for any injuries or other losses experienced as a result of the slip and fall. It's important to note that landlord negligence is generally only a defense when the incident occurs in a common area, not inside the unit itself.

When you injure yourself in the unit, the landlord will argue that you rented the property well aware of the risks or you failed to take measures to improve the conditions and ensure your safety.

Examples of Landlord Negligence

Landlord negligence comes in a variety of different forms. A tenant that falls on a patch of ice after inclement weather, a tenant that trips over a large pothole in the parking lot, or a tenant that falls due to uneven or poorly maintained steps are all examples that typically fall into the realm of landlord negligence.

Proving Negligence

Unfortunately, it's not enough to suffer injuries to prove that your landlord was exercising negligence and on its own, the location of the incident isn't enough to show this. To establish negligence the landlord typically:

Must not have taken any action to rectify the problem. Take a tenant slipping on ice, for instance. If the landlord did treat the walkway, but someone still fell, they may not be liable. Whereas a landlord that did not treat the sidewalk at all, and was aware of its condition, is negligent.
Knew about the hazard for a while. A hazard that was just created might not be landlord negligence, as the landlord may not have had adequate time to address the situation. A hazard that has been around for weeks or months is different.
Did not warn residents of the hazard. Using a pothole as an example, if the landlord put up a barrier around the hole or warning sign, this generally doesn't equal negligence, as the landlord took steps to protect residents. A pothole that the landlord is aware of and doesn't try to alert residents of is negligence.

To strengthen your case, do your part by keeping as much information as you can. For example, if you emailed the landlord about a damaged step several weeks ago, a copy of this email will serve as proof that the landlord was aware of the hazard and exercised negligence in not rectifying the problem.

Even if you called the landlord to notify them, keeping a record of your call log can help prove your efforts to make them aware.

Not only do you deserve to live in a community that meets your list of needs and wants; you also deserve to be a part of a community that is safe. If you, or a loved one, suffered a slip and fall that left you injured, it's essential that you speak with someone to determine if your landlord was exercising negligence and what your options are.

At Wegner & Associates, we are here to help you.

Construction Accidents and Injuries: Frequently Asked Questions

Mon, 04 Dec 2017 00:00:00 GMT

As a construction worker, you understand the inherent risk of your profession. Around 10 percent of construction workers are injured each year. If you've recently been injured on the job, you might be wondering about what to do next or if you can file a lawsuit against the contractor or another entity.

Here are the answers to a few frequently asked questions you might have about construction accidents and injuries.

What Are the Most Common Types of Construction Injuries?

Unfortunately, construction workers are very prone to accidents. The nature of their jobs leaves them vulnerable to several types of injuries. Here are a few of the most common types of construction injuries:

Repetitive motion . These injuries, such as carpal tunnel, occur when you perform the same task over and over.
Improper gear . Every job site has its own unique dangers, and the failure to provide workers with the proper gear can lead to injury.
Electrical injuries . From wiring and power tools to heavy machinery, there are several potential electrical injuries, such as electric shocks, that can occur.

The most potentially devastating and life-altering injury that occurs on construction sites is falls. Construction workers will often work on rafters, scaffolding, and ladders, which leaves them vulnerable to falling.

What Should I Do After the Injury Occurs?

After the injury occurs, it is critical to act fast. First, you should seek medical attention, no matter the extent of your injuries. Even if your injuries are minor, you must see a doctor to ensure any cut, bruise, laceration, or other wound is documented. After you've spoken to a physician, report the injury to your superior.

In most cases, you will be asked to fill out an incident report. Be very specific about the accident, including where and when it occurred and the injuries you sustained. Do not admit fault or apologize to your superior. These admissions of guilt can be used against you, if you decide to file a lawsuit.

Document the scene of the accident, and your injuries. Snap pictures of where the incident occurred. Also, take several photos of your injuries. Continue to document your injuries over the next weeks and months. Speak with coworkers who witnesses the accident and ask them to provide a statement. In addition to their statement, ask for their full name and telephone number.

Can I File a Lawsuit Against My Employer?

In addition to receiving workers’ compensation benefits, you might have grounds to file a lawsuit against your employer. To file a lawsuit, your attorney must prove that someone on the jobsite was negligent and that this negligence caused your injury. For example, if the architect of a building you were working on did not perform their duties to the best of their abilities, such as creating a safe plan for construction the building, you might have the grounds to file a lawsuit.

If another person was negligent, such as a heavy machine operator who was driving under the influence or another coworker who was reckless on the jobsite, you might also have grounds to file a suit against an individual person, a subcontractor, a contractor, or the client.

Additionally, if you were injured because of faulty machinery, you might have the grounds to file a product liability suit against the manufacturer. Once again, your attorney will have to prove there was a flaw in the design or manufacturing of the machinery or tool, and this flaw directly led to your injuries.

Suffering an injury on the jobsite can be stressful and life-altering. If you have any further questions, contact the professionals at Wegner & Associates .

After Your Car Accident: Common Social Media Mistakes to Avoid

Fri, 03 Nov 2017 00:00:00 GMT

Approximately 65 percent of American adults share their opinions and lives on social media. If you're among this group, you know how easily sensitive and embarrassing information can inadvertently be shared with millions of people. If you've recently been injured in a car accident, you need to use social media wisely. If you don't, you could wind up sabotaging your case.

Here are a few common social media mistakes car accident victims make that you should be careful to avoid.

Sharing Privileged Information About Your Case

If you're considering filing a lawsuit, are in the middle of your lawsuit, or have settled a lawsuit, then you should never share confidential information about the case. This includes any updates about your case, any medical information or anything you've shared with your physician or attorney.

Anything you tell your physical or attorney falls under the umbrella of privilege, and if you share sensitive information with your friends and family on social media, it is no longer protected. This includes anything you post that could be considered an admission of guilt.

Sharing Images or Posting Comments That Undermine Your Case

If you're like many social media enthusiasts, you cannot wait to get on your phone and computer and share photos of your family vacation or post a funny anecdote about your spouse's birthday party. Unfortunately, even if you post a picture of your standing on the beach or share an amusing story that isn't about you, seemingly innocent information could be detrimental to your case.

When you file a lawsuit after a car accident, you are seeking compensation for several things, including your pain and suffering. If you are in photographs having a good time with your family, or if you write a post about going out to dinner with friends, the other driver's attorney could use this as evidence you aren't as injured or distressed as you claim to be.

Another common mistake vehicle accident victims make is about the progress of their condition. For example, if you suffered a back injury during the accident and then write a post to let friends and family members know you are feeling better, your comment could make it appear you aren't suffering as much as you previously stated.

Letting Your Friends Share Information About You

After the accident, chances are everyone you know will be asking you about your condition. Sharing the ups and downs of recovery is fine, but don't let your friends tell the world how you are doing on social media. Let friends and family know that you are in the middle of a lawsuit and that any updates about your condition should not be shared on social media.

Additionally, if someone snaps a photo when you are at a friend's home or out for a night on the town, make sure the picture stays off social media. It's not uncommon for attorneys to check the social media accounts of the victim's friends and family. A photo of you smiling and having fun could make it appear that your injuries aren't that severe.

Finally, the best way to avoid undermining your case on social media is to avoid posting updates or photos at all. Anything you share with the world could be damaging to your case, so the best way to prevent this from happening is to take a break from social media until your case is settled.

Sharing information about your case or posting photos of you enjoying your life can be detrimental to your personal injury case. Secure your future by following the practices outlined here. If you have additional questions, don't hesitate to contact Wegner & Associates .

Signs You've Been a Victim of Medical Malpractice

Fri, 22 Sep 2017 00:00:00 GMT

When you or a loved one go to a doctor or pay a visit to the hospital, you expect that the professionals there will help you and do things to make your situation better. Unfortunately, however, this isn't always what happens.

Sometimes, due to negligence or a host of other reasons, medical professionals do not do the appropriate thing, which could ultimately harm or even kill you or someone you care about. When this happens, you've experienced what is known as a medical malpractice incident.

The good news is that, in cases such as these, you can get help from a qualified attorney to seek justice in your case. By knowing the warning signs of medical malpractice, you'll know if and when you need to speak with an attorney about your experience.

You Didn’t Receive Proper Treatment

The first thing that you want to think about is whether or not you received proper treatment during your health care experience. If you feel that you did not, this likely indicates that you need to speak with a lawyer to determine if medical malpractice took place.

Some things that can be counted as medical malpractice include receiving the wrong medication, having your needs ignored, or having the wrong surgery or other treatment administered.

If this happens to you, you can discuss its implications with a malpractice attorney and learn how to go about seeking justice.

You Experience Extreme Complications After Surgery

There are few things more stressful, both physically and emotionally, than having to undergo any type of surgery. The one thing that is even more stressful, however, is when an error occurs during surgery.

Even worse yet, you often won't be alerted to the surgical error until you start experiencing problems or complications after the surgery. These could be due to serious instances of medical malpractice, such as having a medical instrument left inside of you or not having the correct operation performed at all.

Obviously, this type of medical malpractice will require serious and immediate attention. However, even if your after-surgery complications are less severe, you still deserve justice, so do not hesitate to talk with a lawyer about your experiences to determine if they qualify as medical malpractice.

Your Treatment Is Not Effective

If you've recently received or undergone some type of treatment and aren't experiencing any of the relief you expected from it, you might not have received the proper treatment. It could also mean that you actually got the wrong treatment altogether or that your treatment wasn't administered long enough or in the proper way.

Be sure to discuss your concerns with both health care professionals and a medical malpractice attorney. You need to know exactly what happened and what treatments were provided in order to determine if medical malpractice actually occurred. If medical malpractice did occur, then a lawyer can help start you on the path to retribution.

You Were Diagnosed Incorrectly

Have you been receiving treatment for one condition, only to eventually find out that you actually have a totally different condition or illness? Wrongful diagnosis happens more often than you might expect and it definitely qualifies as a form of medical malpractice.

This is especially true if the wrongful diagnosis kept you from getting the help you actually needed or ended up harming you in some way.
As you can see, medical malpractice is a real concern in today's world. Fortunately, though, the legal system is on your side when you have been a victim of medical malpractice.

The key is just to have a skilled professional who can walk you through it, such as the legal experts at Wegner & Associates .