Abraham Lincoln once said, "A lawyer's time and advice is his stock in trade." In essence, asking an attorney for his advice is no different than asking an accountant to set up a business plan or do your taxes, a doctor to examine you, render a diagnosis and prescribe treatment or hiring an electrician to fix the wiring of your home. Nonetheless, many people are under the impression that...
U.S. District Judge George B. Daniels approved a settlement involving Holocaust victims and their relatives that has lasted approximately ten years. The settlement was entered into with Italian insurance company Assicuraazioni Generali whereby the insurance company would accept new claims until March 31, 2007 after noting it had paid $135 million to settle claims to date. Nonetheless, the...
As with all lawsuits, a statute of limitations restricts the time in which you can file a lawsuit for negligence. In Ohio, the statute of limitations for most personal injury negligence is two years. If you miss the deadline, you usually have no legal recourse. Note that the statute of limitations for medical malpractice cases is only one year with exceptions. O.R.C. Ann §2305.11. If you...
In an attempt to curtail costly legal expenses in defending medical malpractice claims the University of Pittsburgh's Medical Center has aggressively pursued a process of mediation in an attempt to resolve malpractice claims before they go to court. The advantage of doing so is not only sensible but demonstrates medical providers change in position that has been urged for years by medical...
Personal injury law covers a broad spectrum of issues when one has been physical or emotionally injured, and/or personal property has been damaged. In legal circles, personal injury law is also known as "tort" law, the French word for "wrong." Personal injury or "tort" law is the body of laws that allows one to be compensated in the even that someone's carelessness, recklessness or intentional...
An article on CNN.com determined "[I]f you are injured in a minor car crash, chances are good that you will be in the fight of your life to get the insurance company to pay all the medical costs you incur - - even if the accident was no fault of your own." (CNN.com, Auto Insurers Play Hardball in Minor-Crash Claims by Drew Griffin and Kathleen Johnston, February 9, 2007)CNN conducted an eighteen...
A jury in Pennsylvania awarded $3 million to a woman from Ohio who proved a hormone replacement drug manufactured by Wyeth caused her breast cancer. Wyeth manufactures Prempro to treat symptoms of menopause. However, Jenny Nelson, 67 of Dayton, Ohio, was found to have breast cancer in 2001 after taking the drug. Over 5,000 women have sued Wyeth for personal injury or death resulting from...
A class action against Wal-Mart for major gender discrimination continued in the Northern District of California's courtroom with Judge Martin Jenkins that affects approximately 2 million female employees. Judge Jenkins ruled for the first time in three years the Plaintiffs would be permitted to take the depositions of former Wal-Mart Executive Thomas Coughlan, III who was second in command at...
New strains of superbugs have proven resistant to those exposed to common macrolide antibiotics used to treat respiratory infections. Professor Herman Goossens of University Hospital in Antwerp Belgium showed ingestion of even a single course of this specific antibiotic can lead to a buildup in resistance resulting in mutations for superbugs resulting in personal injury or death. Scientists...
Salmonella was discovered in Peter Pan peanut butter purchased as late as May 2006 and therefore anyone who possesses the spread should discard it. The U.S. Food and Drug Administration found salmonella contaminated the peanut butter and that more than 290 people from 39 states have become ill. Forty-six of those individuals have been hospitalized according to the U.S. Centers for Disease...
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