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Does Texas cap non-economic damages, like pain and suffering, for a person injured in a car accident
Ralph Manginello, The Manginello Law Firm, PLLC, http://www.manginellolawfirm.com - (713) 234-6239. Texas Car Accident Law FAQs: http://thelaw.tv/houston/Car+Accident+Law Disclaimer: http://thelaw.tv/houston/About/disclaimer
Просмотров: 101 ManginelloLawTV
Texas Insurance Caps - Birth Injury Safety
http://www.trialfirm.com/birth-injury/ - Attorney Laura Brown discusses Texas law for insurance caps for birth injury cases. Texas law caps the recovery for people in a medical malpractice case on something called non-economic damages. In layman’s terms what that means is if there is pain and suffering, if there is loss of enjoyment of life, if there is mental anguish that the types of damages that aren’t established by a receipt or a bill, Texas caps those. In my opinion arbitrarily and unfairly for somebody who’s severely injured. Babies, who have cerebral palsy as a result of a birth injury, can have significant contractures of their body where their arms and legs and muscles are really tight. That’s really painful. Also they lose a lot of the normal qualities of life and it’s a major issue, but unfortunately in Texas those are just capped. So when a child in Texas suffers a birth injury, it’s very important to find lawyers experienced in handling cases like that, to understand how to develop a case, in order to maximize the types of damages that are recovered under Texas law, in order to help the family with medical expenses, rehabilitation expenses, and to better the child’s life and the family’s life together as much as possible.
Просмотров: 24 Williams & Brown LLP
Update on Medical Malpractice Non Economic Damages
Levin Papantonio Medical Malpractice Lawyer discusses Update on Medical Malpractice Non Economic Damages -- (800) 277-1193
Просмотров: 102 Levin Papantonio - Personal Injury Lawyers
Why are There Caps in Medical Malpractice Lawsuits?
In 1975 the California legislature passed a number of laws that were intended to reduce the cost of malpractice insurance for doctors and hospitals. These laws, which together were called the Medical Injury Compensation Reform Act (MICRA), included a $250,000 limitation on all non-economic damages in any medical malpractice case (e.g. pain and suffering damages only.) There is no limit to the amount of damages that can be recovered for economic losses in a California medical malpractice lawsuit. Visit http://www.fagellaw.com/FAQ/Why_is_There_a_Limit_on_Damages_.aspx for more information.
Can someone sue for the pain and suffering of a decedent in Texas?
Tom Rhodes, Tom Rhodes Law Firm, http://www.tomrhodeslawfirm.com - (210) 598-5165. Texas Wrongful Death Law FAQs: http://thelaw.tv/sanantonio/Wrongful+Death+Law Disclaimer: http://thelaw.tv/sanantonio/About/disclaimer
Просмотров: 22 RhodesLawTV
Medical Malpractice Caps on Pain and Suffering
Tort reform in Ohio placed caps on non economic damages in medical malpractice cases. The caps are 250,000 or 350,000 or 500,000 depending on the circumstances. They do not however apply in wrongful death cases.
Просмотров: 182 David Shroyer
What constitutes pain and suffering in a Texas auto accident case?
What constitutes pain and suffering in a Texas auto accident case? Thomas J. Henry, the largest personal injury firm in Texas, serves clients nationwide. Visit https://thomasjhenrylaw.com/ for more information. Speak to an injury attorney at (877)969-8159 – Available 24/7, nights and weekends. Thomas J. Henry has law offices in San Antonio, Corpus Christi, and Houston. Corpus Christi 521 Starr Street, Corpus Christi, Texas 78401 Tel. (361) 985-0600 San Antonio 4715 Fredericksburg Rd, Suite 507, San Antonio, Texas 78229 Tel. (210) 656-1000 Houston 12 Greenway Plaza, Suite 1100, Houston, Texas 77046 Tel. (713) 338-2525 You know, in Texas, pain and suffering is an element of damages a jury can consider. Juries get to consider how you feel. If you can't sleep, if you're hurting all the time, if you've gone through surgeries, if you have to go through future surgeries. Pain and suffering is a very personal feeling, but it's something the jury can look at and award money damages for a variety of elements that lead to pain and suffering. • Learn more about car accidents: https://thomasjhenrylaw.com/practice-areas/accidents/automobile-accidents/ • Discover all of the personal injury cases we handle: https://thomasjhenrylaw.com/practice-areas/ • Call and speak with an auto accident attorney today: https://thomasjhenrylaw.com/contact-us/ If you or a loved one were injured in an auto accident, contact Thomas J. Henry Injury Attorneys. Our experienced car crash lawyers are available 24/7, nights and weekends. Call (877)969-8159 today for a free legal consultation or visit our website https://thomasjhenrylaw.com for more information. View more personal injury and accident videos from Thomas J. Henry: https://www.youtube.com/user/thomasjhenrylaw
Просмотров: 71 thomasjhenrylaw
Getting Non Economic Damages if Injured in an Auto Accident? Dallas Attorney
Dallas auto accident attorney Joseph Morrison explains getting non-economic damages if injured in a car accident. Call us toll free at 1+800-371-8751 for a FREE Consultation! Mullen & Mullen Law Firm LOCATIONS 1825 Market Center Blvd #200 Dallas, Texas 75207 (214) 747-5240 8105 Rasor Boulevard #237 Plano, Texas 75024 (972) 947-3370 2770 Main St #258 Frisco, Texas 75033 (214) 529-3476 201 Main St #600 Fort Worth, Texas 76102 (817) 768-6680 Video Transcript: Am I Entitled to Non-Economic Damages if Injured in an Auto Accident? If you've been injured in an automobile accident, you may be entitled to a number of different non-economic damages. Unlike economic damages that were previously discussed, these damages are not easily quantifiable. The three biggest non-economic damages that we typically see are for pain and suffering in the past and future, mental anguish in the past and future, and physical impairment. Once again, both past and future. Establishing these damages can be done in a number of ways. One way is through the use of medical evidence. That will obviously indicate any functional limitations you have. Our office, when necessary, obtains experts who can establish these damages, whether it be doctors or life care planners.
Просмотров: 172 Mullen & Mullen Law Firm
What Potential Caps on Damages Could Mean for Your Personal Injury Case -- MO Lawyer Ben Schmitt
What Potential Caps on Damages Could Mean for Your Personal Injury Case -- MO Lawyer Ben Schmitt http://www.injuryattorneysm.com (816) 389-4014 Personal injury attorney Ben Schmitt discusses the recent talks about caps on damages and what that could mean for your personal injury case. A cap on damages means that there would be a limit to the amount of money that you could recover in the event someone has caused you harm after an accident. But you need to know that it doesn't mean that all of the damages are limited. Each claim you make -- whether it's about lost wages or a loss of companionship with your spouse -- is referred to as a damage. Some are economic damages like medical bills and lost wages. Whereas loss of companionship plus pain and suffering fall under the non-economic damages category. The laws being passed focus on the non-economic damages, especially pain and suffering. They want to tell you that even if you're unable to walk or you're missing an eye, you're not entitled to more money than someone who broke a bone or only partially lost vision. We're here to fight for your rights and those of all of our injured victims. And we plan on doing so until all of your rights are protected and you're able to get all of the compensation you need to recover from your injuries. Watch this video to learn more. For more information, visit our educational website at http://www.injuryattorneysm.com , where we answer more of your questions with more videos about our law firm. If you have legal questions, I want you to call me at (816) 389-4014. I welcome your call. Schmitt Mulhern, LLC 3100 Broadway St. Suite 1420 Kansas City, MO 64111 (816) 389-4014
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Texas Tort Reform Didn't Work
DALLAS - Health care is a major issue in this presidential election. Everyone is trying to figure out how to pay for it without bankrupting our country. During his run for the White House, Governor Rick Perry pushed states to do as Texas did back in 2003 and cap medical malpractice lawsuits. The idea was, by eliminating frivolous lawsuits and capping the amount a jury can award, those benefits would be passed down to patients in the form of lower healthcare costs and more doctors working in Texas. But Fox 4 found some families don't buy it. "You are my sunshine, my only sunshine," Jennifer Dickerson sings to her baby daughter Ava on a family videotape. Dickerson will never forget those final moments when her daughter took her last breath. "I don't know how long I held her. It didn't seem long enough," Dickerson said. The Bernal family is reminded daily of what might have been for their 4-year-old, Kaylee. "They told us they did not know the extent of the damage without having a heart beat that long," Robert Bernal said. And Bill and Kelly Putnam watched Kelly's dad drown in front of them at a nursing home. "He is flailing his arms and legs for his last breath and then he stops," said Bill Putnam. These North Texas families all believe they were victims of medical malpractice and they all hit the same brick wall. "No one will take the case," said Jennifer Dickerson. "It is going to be too expensive." "We cannot even get it filed," said Robert Bernal. "There is nothing we can do because of tort reform," said Bill Putnam. Back in 2003, the Texas Legislature passed tort reform and later Governor Rick Perry and his wife pushed voters to change the constitution. "Proposition 12 protects your family," said Anita Perry in a television commercial. But did it? The reform put caps of $250,000 on non-economic damages like pain and suffering. That means people who don't work, like the elderly, babies and stay-at-home parents are limited even if they win a malpractice lawsuit. Perry called it a win for Texans and during his presidential run he claimed much-needed doctors were coming to Texas. "This last year, 21,000 more physicians [are] practicing medicine in Texas because they know they can come there and do what they love and not be sued frivolously," Perry said. But within days Politifact, a government fact checking project run by the Tampa Bay Times, reported Perry was "flat out wrong." It said his numbers were off by almost 8,000. With the courthouse doors being closed off to so many, Fox 4 questioned who are the winners and the losers. "The big winners have to be the patients who have more access to specialized and timely care than they previously did," said Jon Opelt of Texas Alliance for Patient Access. The group represents doctors, hospitals, nursing homes and insurance companies. "The physician growth in Texas has been dramatic since the passage of these reforms," said Opelt. "It has been dramatic in Dallas, Texas." "Some of that is simple distortion," said Charles Silver, a law professor at University of Texas at Austin. Silver says doctors are coming to Texas because the population is growing. Silver is part of the only educational research group that studied the historical growth rate. Was it dramatic? He says not even close. "Doctors came to Texas in numbers every year before 2003 and they would have kept coming here after 2003, had there been no tort reform," Silver said. In fact, Silver's group, which gets no money from special interests, says the rate of growth actually slowed after tort reform in Texas. "Texas has fallen farther and farther and farther behind the average U.S, state." he continued. So what about insurance coverage? "We had 13 insurance companies writing coverage in this state and that dwindled to just 4," Jon Opelt said. Opelt said after tort reform was passed, insurance companies returned to Texas and premiums for doctors have gone down substantially, around 50 percent. So have those costs been passed on to consumers like us? "We are paying higher bills," said Tom Smith of Public Citizen. "The cost of health care premiums in Texas has gone up 51 percent." Studies show the average Texas family paid around $9,000 for health insurance in 2003 and more than $14,000 in 2010. That is $655 higher than the national average of $13,871. "The number of people who have insurance has increased. As a percentage of the whole, it has decreased," said Opelt. In other words, more people have insurance in Texas because our population has grown but studies show more than a quarter, 27.8 percent, have no insurance -- giving Texas top honors for the most residents uninsured. "Someone needs to stand up and say this has got to stop," said Bill Putnam.
Просмотров: 1833 Stop MICRA
What Kinds Of Pain And Suffering Claims Are Involved In Car Accident Cases? | (219) 874-4878
http://www.michigancityinjurylaw.com Pejic & DiMartino, P.C. 1000 Washington Street Michigan City, IN 46360 (219) 874-4878 Indiana lawyer Guy DiMartino discusses the kinds of pain and suffering claims people have to make after a car accident has occurred in Michigan City, Indiana. For More Information about Personal Injury Please Visit http://en.wikipedia.org/wiki/Personal_injury For More Videos Of Attorney Guy S. DiMartino Please Subscribe https://www.youtube.com/channel/UCPQC0ZtxpmZQX_--zMyTrWw Related Videos https://www.youtube.com/watch?v=eydwnXxJArs https://www.youtube.com/watch?v=pTmwpZGpqRc https://www.youtube.com/watch?v=rGKc9ZUxm08 https://www.youtube.com/watch?v=ubv2LqFhToM https://www.youtube.com/watch?v=M8l1e3S0V3g
Просмотров: 735 Guy DiMartino Law
Can I receive damages for pain and suffering in a Texas medical malpractice case?
Michelle Wan, Thomas & Wan LLP, http://www.thomasandwan.com - (713) 234-6119. Texas Medical Malpractice Law FAQs: http://thelaw.tv/houston/Medical+Malpractice+Law Disclaimer: http://thelaw.tv/houston/About/disclaimer
Просмотров: 21 ThomasLawTV
What are noneconomic damages?
Tom Rhodes, Tom Rhodes Law Firm, http://www.tomrhodeslawfirm.com - (210) 598-5165. Texas Product Liability Law FAQs: http://thelaw.tv/sanantonio/Product+Liability+Law Disclaimer: http://thelaw.tv/sanantonio/About/disclaimer
Просмотров: 5 RhodesLawTV
Litigation and Tort Reform | Panel 4
"The Impact of Caps: Non-Economic Compensatory Damages and Punitive Damages" presented by Ronald J. Allen, Catherine M. Sharkey and Ronen Avraham. Northwestern University School of Law. March 30, 2007.
Просмотров: 1162 NorthwesternU
No Cap Insurance for Birth Injury Claims - Birth Injury Safety
http://www.trialfirm.com/birth-injury/ - Contact the Texas birth injury attorneys for questions about insurance caps for claims. When a child suffers a severe injury at birth, an injury to his or her brain, there are lots of damages that occur as a result of that. There will be medical expenses for the child, in the past and also into the child’s future. There will be rehabilitation costs that are needed for the child, future medical care and rehabilitation to maximize the child’s potential. Those are what we call economic damages. There are also non- economic damages, things like physical pain and suffering. A baby with a birth injury can have contractures of his body where the arms or legs are very very tight and that’s very painful to the child and needs, child needs treatment as a result of that. There can also be significant impacts to the quality of that person’s life. Those kinds of damages are typically referred to as non-economic damages. Some states will place a cap on the recovery of non-economic damages, it’s just an arbitrary number, there’s just a maximum that can be recovered and that’s it. Other states don’t have that cap and they allow a jury to listen to all of the evidence about the effect of the child and they let the jury make a determination about what’s fair in that particular circumstance. So if you have a child that suffered a severe birth injury, you need to know what the law is in your particular state. You need to know what types of damages are recoverable and then whether or not there will be any caps applied to your child’s recovery. So you need to find an attorney who is experienced in birth injury law and litigation and who can advise you about what the law is in your particular state and help you understand what you may be able to recover for your child’s future.
Просмотров: 20 Williams & Brown LLP
Who is Responsible for My Injuries? | Personal Injury Help | Fontana, Ontario, San Bernardino
I was hurt at a shopping center or restaurant. Was my injury avoidable? Who is responsible? http://www.davidrickslaw.com/ David Ricks Inland Empire Law Group handles personal injury in Rancho Cucamonga and throughout the Inland Empire in southern California. When we are involved in an auto accident, slip and fall, medical malpractice, or animal attack and we desire to file a claim, the first question that comes to mind is, "What is my case worth?" To help you in your search for the best lawyer for your case, David offers a FREE initial consultation for personal injury. We provide legal services in the following personal injury practice areas: *Car, Truck, Motorcycle, Pedestrian, and Cyclist Accident Cases *Slip and Fall Accidents and Premises Liability Cases *Dog Bite and Animal Attack Cases *Medical Malpractice and Surgical Error Cases *Wrongful Death Cases 8600 Utica Ave., Suite 200 Rancho Cucamonga, CA 91730 TELEPHONE: (909) 481-0100 I want to talk about an event that occurred at a local shopping center. We'll call the person involved Mr. Smith. Mr. Smith came out of a local restaurant and as he approached his car he was attacked by a number of thugs. He suffered some serious injuries as a result of the attack. Who is responsible for that injury. Obviously, the thugs. But do they really have any money or means to pay for those injuries, or damages, or losses suffered by Mr. Smith? Probably not. Is there anyone else that might be responsible that could have prevented the injury from occurring in the first place, had they done or taken reasonable steps? The answer is: possibly the shopping center owner or the tenets of that shopping center. The law imposes a duty on property owners and on tenets of property to protect their patrons if they have a reasonable understanding or belief that certain events may occur or have occurred in the past or may occur in the future. Such as intentional acts, criminal conduct, or negligent acts, maybe someone drives too fast through the parking lot and that has been a problem, and as a result of them driving too fast they end up hurting someone on your property. They have a responsibility to you to prevent that from occurring if they reasonably knew about it and could take reasonable and simple steps to thwart that activity. Maybe placing a guard on the property, or security cameras, something that would deter criminal conduct and potential injury to their patrons. So if you have been subjected to some kind of criminal conduct on someone else's property, or some negligent conduct, or some intentional conduct, whatever it might be, you might want to consider whether someone else might have some responsibility to help pay for your injuries and your losses. You need to talk to a good personal injury attorney that can help do that type of research for you, find out about the history, and figure out how you can secure the best compensation possible.
Просмотров: 77 Inland Empire Law Group
What is COLLATERAL SOURCE RULE? What does COLLATERAL SOURCE RULE mean? COLLATERAL SOURCE RULE meaning - COLLATERAL SOURCE RULE definition - COLLATERAL SOURCE RULE explanation. Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license. SUBSCRIBE to our Google Earth flights channel - https://www.youtube.com/channel/UC6UuCPh7GrXznZi0Hz2YQnQ The collateral source rule, or collateral source doctrine, is an American case law evidentiary rule that prohibits the admission of evidence that the plaintiff or victim has received compensation from some source other than the damages sought against the defendant. For example, in a personal injury action, evidence that the Plaintiff's medical bills were paid by medical insurance, or by Workers' Compensation, is not generally admissible. The collateral source doctrine has come under attack by "tort reform" advocates. They argue that if the Plaintiff's injuries and damages have already been compensated, it is unfair and duplicative to allow an award of damages against the tortfeasor. As a result numerous states have altered or partially abrogated the rule by statute. However, the collateral source doctrine dates back to 1854, and is intended to promote justice and to assess remedies for fault against the tortfeasor, rather than allowing him to avoid responsibility for setting the losses in motion. In addition, many insurance or other payment sources that do pay for damages gain a lien or subrogation interest in the ultimate recovery. This means that the injured person must pay back his health insurer before he collects anything. If evidence of the collateral source is admitted and the fact-finder reduces the award to compensate for the already-paid damages, this can result in undercompensation for the injury, as the lien holder will generally attempt to recover the full value of any lien, thus leaving the plaintiff uncompensated for lost earnings, pain, anguish, or other non-economic damages.
Просмотров: 265 The Audiopedia
Texas Personal Injury Attorney - Jerry Treviño - Accident Help News Interview
Download the accident safety app at http://www.trevinolawapp.com Jerry J. Trevino is a Texas personal injury attorney with two Texas offices. One in Corpus Christi and the other in Harlingen. Visit Jerry's website for important tips on Texas Law here http://www.jtrevinolaw.com or call us at 800-LAW-8440
Просмотров: 42179 Jerry Trevino
Medical Malpractice - Tort  Reform in Florida declared unconstitutional by the Florida Supreme Court
The Supreme Court of Florida on Thursday, March 13, 2014 declared that statutory caps on recovery of non-economic damages in medical malpractice claims involving wrongful death are unconstitutional. That means that if a loved one or family member dies as a result of the malpractice of a doctor, the doctor can no longer be protected by Florida statutes, limiting your entitlement to recover money for the loss of your loved one. The Supreme Court of Florida ruled that it is unconstitutional to limit someone's recovery and that it is up to a jury in the state of Florida to decide what compensation is fair. The Florida Constitution provides us with the constitutional right to access to the courts and no one is allowed to take away that access and limit those rights by simply passing a law. If you have any questions about a medical malpractice claim involving wrongful death or any other type of personal injury case just call me anytime at 877Glucklaw.
Просмотров: 68 Robert Gluck
Workers Compensation Claims - When you can make two claims for your injuries
http://www.MattLaw.com Matt Powell explains your rights if you have been injured on the job. If you have been injured on the job, there are a few things you should do to protect all of your rights. First, report your injury to your employer. Second, get good medical attention right away. Third, try to document what caused your injury. And fourth, if you were injured by the fault of another person who is not a co-employee or your employer, then you may have what is called a "Third Party Claim" against the "at fault" person or business who caused these injuries. Then, call my office to find out if you should make two separate claims for your injuries. What I mean by this is that one claim is under Workers Compensation, and the other is against the at fault third party. Each of these separate claims have different processes and different recoveries that you may be entitled to. For example, under your workers compensation claim, they pay your medical bills but only two thirds of your salary. But if a third party claim can be made, then you are entitled to recovery for All of your lost wages and future loss of earning capacity in addition to many other types of compensation. Many clients who were in a car accident while working. Some people mistakenly think that workers compensation is their only avenue of a recovery for their lost wages and medical bills. However, the at fault person may be responsible to you for the harm they caused by their negligence. When people are injured on the job and the injury was caused by another company or another worker on a construction site, they may have a "Third Party Claim" to be made against the at fault person or business. Additionally, if you have been injured by a defective product, such as a crane, truck, or some other product that injured you while you were on the job, then you might be able to make a recovery against the product manufacturer in addition to your workers compensation benefits. If you can bring a third party claim your recovery is going to be significantly greater than just the benefits available through your workers compensation insurance company. For example, if you are out of work, workers compensation only pays you two thirds of your wages and there is a cap on how much they will pay. However, in a third party claim, you are entitled to recover 100% of your lost wages in the past and future, without any cap. In a workers compensation claim, you don't get your fringe benefits. However, in a third party claim, you are entitled to 100% of your fringe benefits. In a workers compensation claim, you are not entitled to any money for pain, suffering, mental anguish or loss of enjoyment of life. But in a claim brought against the at fault party, you are able to recover each of these valuable losses. In a workers compensation claim, you don't get to pick your doctors, the workers compensation insurance company dictates who you can see. However, in a third party claim, you can go to any doctor you choose. In a workers compensation claim, the theory is to pay for medical treatments and some of your lost wages, but to get you back to work as fast as possible. However, in a third party claim, the laws are designed to make you "whole again". In other words, to fix what can be fixed, to help what can be helped, and then to make up for what can't be fixed or helped. When we represent clients who have both a workers compensation claim and a third party claim, we encourage them to seek their workers compensation benefits, and allow us to go after the at fault party. So there are actually two cases going forward at the same time. The bottom line is this, in any injury case, it is important to consider all of your options and to select the best ones that are right for you. http://www.MattLaw.com
Просмотров: 20518 MattLaw
Norris: Tort Reform Brings TN In Line with Nation
Tennessee Republican Leader Mark Norris says the judicial system is under a significant level of strain and legislation that would impose caps on the amount of money individuals can win in pain and suffering damages. For more, go to http://www.tnreport.com.
Просмотров: 196 tnreporttv
Medical Liability Reform rallies & TV 2002-2003
Clips from rallies and TV appearances Dr. Donald Palmisano and other doctors in AMA during the battle for medical liability reform in 2002-2003. Nightline TV etc. The medical liability bill passed the House of Representatives and there was majority support in the Senate but a filibuster blocked it in the Senate as it was not possible to get 60 votes for cloture on July 9, 2003 to end the filibuster. However, reform was accomplished in some states in 2003 including the landmark law in Texas where the state constitution was changed by patients and doctors in Texas working together to pass Proposition 12 to allow caps on non-economic damages and the legislature put a cap on non-economic damages. Medical liability policies immediately dropped in cost and so many doctors moved to Texas as a result that the licensing board had to hire more people to process the applications.
Просмотров: 75 IntrepidResources
What is the Limitation on Damages on a Medical Malpractice Claim?
What is the Limitation on Damages in a medical malpractice case? How could limitation on Damages effect my medical malpractice case? http://www.davidrickslaw.com/ David Ricks of the Inland Empire Law Group handles personal injury in Rancho Cucamonga and throughout the Inland Empire in Southern California. Navigating medical malpractice claims can be difficult. You may ask yourself: Do I have a good case? Do I need a lawyer? How much compensation can I get for my pain and suffering? David wants you to have the information and knowledge you need. We provide legal services in the following personal injury practice areas: *Car, Truck, Motorcycle, Pedestrian, and Cyclist Accident Cases *Slip and Fall Accidents and Premises Liability Cases *Dog Bite and Animal Attack Cases *Medical Malpractice and Surgical Error Cases *Wrongful Death Cases 8600 Utica Ave., Suite 200 Rancho Cucamonga, CA 91730 TELEPHONE: (909) 481-0100 In a medical malpractice case there are certain limitations of damages. These limitations prevent us from recovering more than the amount that the law has imposed as a maximum for what is called pain and suffering or general damages. Now let me give you an example of the difference between what might happen with a medical malpractice case or, let's say a truck accident. In a truck accident if you had a serious injury there's no limitation of the amount that a jury could award you for pain and suffering. But in a malpractice case, if the doctor cased the same or similar injuries as the truck accident your maximum recovery is two hundred and fifty thousand dollars for pain and suffering damages, or disfigurement, or something like that. Now, there are some other damages that can be awarded, these are called special damages, such as loss of employment, future medicals, past medical expenses, things that can be itemized. But pain and suffering is limited to two hundred and fifty thousand dollars in California. There are some exceptions, and to get around those limitations you need to make sure you consult with a really good medical malpractice attorney.
Просмотров: 267 Inland Empire Law Group
Types of Compensation You May Recover in a Medical Malpractice Case – TX Lawyer Chris King explains
Types of Compensation You May Recover in a Medical Malpractice Case – TX Lawyer Chris King explains http://www.HartleyHamptonLaw.com 713-658-0231 Listen as Chris King details the types of damages that may be available to you if you have a valid medical malpractice case in Texas. The first type of compensation that may be available to you would be for economic damages. These include lost wages, the loss of ability to earn an income and medical bills. An additional type of claim that you might be able to make would be for the loss of household services. This would include the costs to run your household on a daily basis. Finally, you may be entitled to noneconomic damages, which would include pain and suffering. Watch the video to learn more. If you have questions about your medical malpractice case, I want you to call me at 713-658-0231. I welcome your call. Visit our educational website at http://www.HartleyHamptonLaw.com to view more videos and media content from our law firm. Hampton & King 3 Riverway, Suite 910 Houston, TX 713-658-0231 http://www.HartleyHamptonLaw.com Phone: 713-658-0231
Просмотров: 76 Hampton & King
Calculating Economic Damages in Wrongful Termination and Class Action Cases
On January 10, 2017, The TASA Group, in conjunction with forensic economist Nora Ostrofe, presented a free, one-hour interactive webinar presentation, Calculating Economic Damages in Wrongful Termination and Class Action Cases, for all legal professionals. During this presentation, Ms. Ostrofe discussed: • Wrongful Termination Damages • Determining The Period of Loss • Expected Period of Unemployment • Determining Lost Earning Rate • Determining Future Earning Rate • Mitigation Earning Capacity • Discounting To Present Value Wages • Discounting Future Lost Wages to Present Value • Discovery • Opposing Experts • Consequential Damage • Class Action Cases About The Presenter: Nora Ostrofe has served as a forensic economist for the past 17 years. She has a Bachelor’s Degree in economics from UCLA, an MBA from St. Mary’s College, and a certificate in accounting with distinction from U.C. Berkeley.
Просмотров: 483 The TASA Group, Inc
Jacksonville Accident Lawyer - What Are Human Damages (Non-Economic Damages)?
Experienced personal injury attorney Eric S. Block explains what types of “non-economic damages” an injured accident victim may recover in certain types of auto accident cases, including pain and suffering, loss of enjoyment of life, mental anguish, and more. These damages can be complicated and difficult to calculate because they are based on intangible losses, so you always want the assistance of an attorney who understands how to accurately calculate this type of damages. Mr. Block explains that Florida law only allows non-economic damages in certain cases involving permanent injuries and further discusses how to know if an injury qualifies as “permanent” within the context of the law. The permanence of injuries is often hotly contested by defendants and their insurance companies because non-economic damages can often be highly valued. For this reason, Mr. Block provides examples of actions you can take to ensure you are properly and fully compensated for any permanent injuries you suffer in an accident. Law Offices of Eric S. Block, PLLC 6817 Southpoint Parkway Suite 2502 Jacksonville FL 32216 Phone: 904-475-9400 Website: http://jacksonville.attorney/
Просмотров: 159 Law Offices of Eric S. Block, PLLC
We the People - Challenging Georgia's malpractice caps
The following is a short film on Betty Nestlehutt. After receiving plastic surgery, Mrs. Nestlehutt, 72, was left with severe injuries to her face. Her ordeal and the botched procedure has caused Georgias arbitrary $350k cap on damages to come under fire at the GA Supreme Court. Warning: This film includes graphic images and may upset some viewers. In 2005, the Georgia legislature passed a law (SB 3) to substitute their judgment for that of the people in the courtroom. This law offends the constitutional rights of patients who, like Mrs. Nestlehutt, are left permanently disfigured by the negligent acts of another. Now, Ms. Nestlehutt is challenging this law. The Supreme Court of Georgia will be ruling in March 2010 on the constitutionality of Georgia's $350,000 cap on non-economic damages. The law was ostensibly passed to respond to the high cost of medical liability insurance. But, as the film shows, rates have not dropped significantly in the last five years, and have tracked with national trends. What's more, the new laws have not spurred competition in the medmal insurance market: in 2005 there were 139 insurers offering coverage in Georgia. Today there are only 138. Caps didn't solve the insurance problem, it just increased the profits of insurers. It's a one-size-fits-all, big government solution that restricts the fundamental rights of injured patients and their families.
Просмотров: 4886 GAWatch1
Lexington Personal Injury Attorney - Dog Bites
http://www.snellinjurylaw.com - Learn more about dog bite injuries and what is covered under South Carolina Law.
Просмотров: 17 James Snell
Am I Entitled To Pain & Suffering Compensation?
Am I Entitled To Pain & Suffering Compensation? | Workers' Compensation Attorney http://www.HorganLawOffice.com Attorney Dan Horgan of Horgan Law Office in New London, Connecticut discusses whether you may be entitled to pain and suffering compensation. Since 1993, the attorneys of the Horgan Law Office in New London, Connecticut (CT), have been providing personal injury representation to clients throughout the entire state of Connecticut. Some of these areas in Connecticut include New London, Norwich, Hartford, New Haven, Groton, Waterford, New London County, Hartford County, Windham County, New Haven County and Middlesex County. Horgan Law Office 111 Huntington Street (2 Whale Oil Row) New London, CT 06320 Office: (860) 442-9099 Email: djh@horganlawoffice.com http://www.HorganLawOffice.com
Просмотров: 61 Horgan Law Office
Recover Damages For Medical Bills, Past & Present Lost Wages, Pain & Suffering
In Texas, if you've been in an accident and you make a claim, the law allows you to recover for your damages. Basically, there are three main components to those damages: lost wages, medical bills and pain and suffering. Call the Anderson Law Firm at 1-877-294-1115 or visit the firm online at http://www.maafirm.com/
Просмотров: 80 Mark Anderson
Georgia Medical Malpractice / Worker's Compensation Attorney
Murphy & Associates, LLC, handles serious Auto Accidents, Medical Malpractice, Trucks Accidents and Worker's Compensation cases. We focus on our clients needs, and we have never lost sight of who we represent and why. Our primary goal is the achievement of the best possible result for each client, obtained by truly knowing our clients and understanding their injuries. Our firm's investment in technology that helps us track and store case information furthers our commitment to providing our clients with the very best. We handle many cases within Georgia including in Decatur, Atlanta, Marietta, Fulton County, DeKalb County, and Cobb County.
Просмотров: 71 fwm4real
WIll I have to go to court?
Ralph Manginello, The Manginello Law Firm, PLLC, http://www.manginellolawfirm.com - (713) 234-6239. Texas Truck Accident Law FAQs: http://thelaw.tv/houston/Truck+Accident+Law Disclaimer: http://thelaw.tv/houston/About/disclaimer
Просмотров: 29 ManginelloLawTV
Haslam Offers Example Of Tort Reform Creating Jobs
Tennessee Gov. Bill Haslam says he doesn't know how many jobs will be created by OKing a new law imposing caps on lawsuit damages, but says he recently spoke to officials looking to move their business to Tennessee and tort laws were one of their key concerns. For more, go to http://www.tnreport.com.
Просмотров: 79 tnreporttv
Houston Personal Injury Attorney, Texas City Wrongful Death
http://www.burwell-nebout.com/ Burwell Nebout Trial Lawyers have been successfully representing Texans involved in accidents for over 36 years. From the most serious industrial accidents to automobile accidents.
Просмотров: 288 lomcv
Determining Damages for Pain and Suffering
If you or a loved one has been injured in an accident and want to learn about the damages that you may be entitled to receive contact St. Louis injury lawyer Chris Dysart. Once Mr. Dysart has learned about your situation he can explain the legal process for recovering for your injuries, and can answer any questions that you may have about how pain and suffering are determined.
Просмотров: 163328 The Dysart Law Firm P.C.
How Do You Collect for Pain & Suffering After a Car Accident?
http://www.ithacainjurylawyer.com New York car accident cases always have two main issues: 1. Liability: Who is at fault? 2. Damages: What are the medical bills, wage loss, and human losses (pain and suffering, loss of enjoyment of life) This video explains why you have to prove serious injury in New York to collect for pain and suffering (human loss) damages. There are specific criteria that have to be met. This threshold is vital to any New York car/ truck accident case. As a chiropractor, I testified in Court on behalf of patients, gave depositions, and wrote medical reports for personal injury cases. With this perspective in mind, I take you behind the door or the scene so to speak to the thought process of a chiropractor/lawyer who understands the connections, links, and bridges that must be made for a successful personal injury case. I am a doctor of chiropractic and attorney at law. My law practice focuses on criminal defense, and auto injury. To learn more about how injury law works in the State of New York I encourage you to explore my educational materials. My you tube library has over 100 medico-legal videos or you can visit my blog. If you have any legal questions, I urge you to pick up the phone and call since I can answer them at 607-229-5184 or by e-mail at newman.lawrence@gmail.com. I welcome your call. Law Offices of Lawrence A. Newman 504 North Aurora Street Ithaca, NY 14850 http://www.ithacainjurylawyer.com
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Issue 1 on Arkansas ballot in November
We begin with Issue 1, known as tort reform. The ballot initiative would cap non-economic damages in tort cases, limit attorneys fees in these cases and allow state lawmakers to enact court rules. Carl Vogelpohl, the campaign manager for Arkansans for Jobs and Justice, and Jesse Gibson, the president of the Arkansas Trial Lawyers Association, debate the effects Issue 1 would have on Arkansans. Watch the video above for their one-minute messages to voters. In an interview with Capitol View host Jessi Turnure, Vogelpohl and Gibson gave different takes on the damage caps. "Under Issue 1, Arkansans are protected," Vogelpohl said. "Issue 1 has no caps on damages for things like lost wages, for medical bills, for loss of property. Under Arkansas law, children and infants are allowed to get damages for future earnings, and they can still do that under Issue 1." "It's an immoral cap on the value of a human life," Gibson said. "This will harm what my faith tells me are those that are the least among us: the disabled, children and the elderly." They also pointed a finger at opposing sides when it came to the legislature having more control over the judiciary. "Passing Issue 1 would transfer that power from the judiciary where those safeguards are in place to the legislature, where lobbying, influence and money seem to be the norm," Gibson said. "I think what you'll find is that it will create a rigged system and a swamp of corruption." "Remember: 100 percent of our Supreme Court is under ethics charges right now that were brought by an independent commission," Vogelpohl said. "We need shared accountability. We need checks and balances in the state of Arkansas." Vogelpohl and Gibson also debated the effect Issue 1 would have on jobs. "Studies have shown by passing Issue 1, Arkansas could have something like a $316-million benefit that will translate to almost 23,000 jobs," Vogelpohl said. "All of the states that surround Arkansas have common-sense tort reform... it's time for Arkansas to be able to compete." "Before it became Issue 1, the question was posed on the floor of the Arkansas Senate, 'What companies have refused to locate to Arkansas because of our tort climate or what companies have left because of our tort climate?' The answer was none," Gibson said. "In fact, we have record-low unemployment in our state right now." Still have questions? Check out the 2018 Voter Guide produced by the Public Policy Center at the University of Arkansas System Division of Agriculture. Votes on tort reform, along with those on term limits and minimum wage, may not be counted, pending challenges in the hands of the Arkansas Supreme Court. We will keep you updated on the justices' decision.
Просмотров: 5 ArkLaTex Homepage
Tort Reform Gets Approval from Missouri Senate l Medical Malpractice
http://www.GoGateWay.org Senator Dan Brown (R-Rolla) discusses his legislation that would reinstate caps on non-economic damages in medical malpractice lawsuits. The measure went on to get first round approval, pending one more roll call vote before being sent to the House chamber.
Cap on Medical Malpractice Verdicts - Info from Virginia Injury Attorneys
Jim Lewis and Mark Favaloro, two experienced Virginia medical malpractice attorneys, discuss the cap on damages for medical malpractice lawsuits. Mark explains that a damage cap is a limit on the amount of financial damages that can be pursued by a victim seriously injured through medical negligence. The logic behind damage caps is flawed and results in jury verdicts being struck down or reduced for no good reason, aside from the cap. Below is a link explaining the damage cap in Virginia: http://www.hsinjurylaw.com/faqs/what-is-the-virginia-medical-malpractice-cap-and-what-does-it-mean-to-a-patient-injured-by-a-med.cfm .
Просмотров: 39 Shapiro Appleton Injury Lawyers
Physician Kaylea Boutwell, MD on the need for Tort Reform in Missouri
http://ShowMeTortReform.com In 2012, the Missouri Supreme Court struck down Missouri's 2005 tort reform measure. Without caps on non-economic damages, Missouri is open to runaway costs from frivolous lawsuits - a situation that impacts patient access, healthcare costs, and Missouri's efforts to retain and recruit physicians. Learn more at: www.ShowMeTortReform.com
Просмотров: 1456 ShowMeTortReform
Nix Tort Reform Video Short.wmv
This video discusses Senate Bill 863, which passed the Oklahoma Senate today. This legislation places a arbitrary $250,000.00 damages cap on non-economic damages in all civil cases in Oklahoma no matter how catastrophically injured the Oklahomans (brain injured child, paraplegic, quadraplegic, etc.) This law benefits negligent corporations and their multi-million dollar insurance companies and victimizes the most vulnerable and severely injured Oklahomans.
Просмотров: 71 OklahomaInjuryLaw
Victims of the Scaffold Law: Donaldson Traditional Interiors
New York's Scaffold Law is driving shocking increases in the cost of insurance, impacting small businesses across the state.
Просмотров: 515 LawsuitReformNY
Is there a limit to pain and suffering damages you can receive when injured in a PA car accident?
Richard Freeburn, founding attorney at Freeburn & Hamilton answers your questions! If you or a loved one has been injured in an accident, call the 7's (717) 777-7777 or visit www.pa-injurylawyer.com for a free consultation.
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Automobile Accidents: Pain and Suffering Reimbursement
How much money can I expect to collect for pain and suffering following an automobile accident?
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What are 'general damages' in a civil claim?
General damages traditionally cannot be calculated with certainty. Pain and suffering, emotional distress or NON-economic losses are examples of general damages. Parties usually assert that the parties seek a recovery for a loss that is not specialized in any manner and that the party has been wronged for of a general sum. Usually general damages only seek recovery to the extent that the court will allow. Learn more http://www.ehlinelaw.com about personal injury law.
Просмотров: 47 Ehline Law Firm
PLG - What does pain and suffering mean in regards to my personal injury case?
What does pain and suffering mean in regards to my personal injury case?
Просмотров: 41 Premier Law Group, PLLC
Hamilton Personal Injury Lawyer - Allen Wynperle
http://www.wynperlelaw.ca/hamilton-personal-injury-lawyer/ Wynperle Law 866-696-0300 25 Main St. West, Suite 400 Hamilton, Ontario L8P 1H1 Wynperle Law's very own Hamilton Personal Injury Lawyer, Allen Wynperle.
Просмотров: 289 Wynperle Law
Personal Injury Lawyers Toronto - Barrows Law
Website: http://ontlawyer.com/ - Barrows Law firm is top law firm where you can get the best Personal Injury Lawyer in Toronto to work on your case. Our approach ensures that your personal injury claim is handled compassionately and expertly by a specialist personal injury lawyers in Toronto, who can ensure that your claim provides for your future health and well being.
Просмотров: 230 Steven Barrows
Can I claim pain and suffering?
Can I claim and suffering on my workers comp claim? Attorney Brian Weekley of Snow, Carpio & Weekley explains if you can or can not.
Просмотров: 80 Snow, Carpio & Weekley, PLC
Riverside Personal Injury Attorney | Upland Personal Injury Attorney
HOW MUCH IS MY CASE WORTH?? http://www.bernheimlawfirm.com http://www.topgunpersonalinjuryattorn... Riverside Personal Injury Attorney | Upland Personal Injury attorney | San Bernardino Personal Injury Attorney | Fernando Bernheim Law Offices How much is my Personal Injury Case Worth? Personal Injury attorney Rancho Cucamonga. If you're considering filing a personal injury lawsuit over a car accident, slip and fall, or any other kind of injury, you may be wondering "What is my case really worth?" The answer comes down to "damages" -- figuring out what your injuries have cost you monetarily, physically, and mentally (and, in some cases, whether the defendant's conduct should be punished). Most personal injury damages are classified as "compensatory," meaning that they are intended to compensate the injured plaintiff for what was lost due to the accident or injury. A compensatory damages award is meant to make the injured plaintiff "whole" again from a monetary standpoint (to the extent that's possible). This means trying to put a dollar figure on all the consequences of an accident. Some compensatory damages are relatively easy to quantify -- like reimbursement for property damage and medical bills. But it's harder to place a monetary value on pain and suffering or the inability to enjoy hobbies because of physical limitations caused by lingering accident-related injuries. Here's a rundown of the different types of compensatory damages that are common in many personal injury cases. Medical treatment. A personal injury damages award almost always includes the cost of medical care associated with the accident -- reimbursement for treatment you've already received and compensation for the estimated cost of medical care you'll need in the future because of the accident. Income. You may be entitled to compensation for the accident's impact on your salary and wages -- not just income you've already lost but also the money you would have been able to make in the future, were it not for the accident. In personal injury legalese, a damage award based on future income is characterized as compensation for an accident victim's "loss of earning capacity." Property loss. If any vehicles, clothing, or other items were damaged as a result of the accident, you'll likely be entitled to reimbursement for repairs or compensation for the fair market value of the property that was lost. Pain and suffering. You may be entitled to get compensation for pain and serious discomfort you suffered during the accident and in its immediate aftermath -- also for any ongoing pain that can be attributed to the accident. Emotional distress. Usually linked to more serious accidents, emotional distress damages are meant to compensate a personal injury plaintiff for the psychological impact of an injury -- including fear, anxiety, and sleep loss. Some states consider emotional distress as part of any "pain and suffering" damage that is awarded to a personal injury plaintiff. Loss of enjoyment. When injuries caused by an accident keep you from enjoying day-to-day pursuits like hobbies, exercise, and other recreational activities, you may be entitled to receive "loss of enjoyment" damages. Loss of consortium. In personal injury cases, "loss of consortium" damages typically relate to the impact the injuries have on the plaintiff's relationship with their spouse -- the loss of companionship or the inability to maintain a sexual relationship, for example. Some states also consider the separate impact on the relationship between a parent and their child when one is injured. In some cases, loss of consortium damages are awarded directly to the affected family member rather than to the injured plaintiff. Punitive Damages in Personal Injury Cases In cases where the defendant's conduct is deemed particularly egregious or outrageously careless, a personal injury plaintiff may be awarded punitive damages on top of any compensatory damages award. Punitive damages stem from a rationale thats quite different from the justification tied to compensatory damages, which is to attempt to "make someone whole." Punitive damages are awarded to the injured plaintiff, but the real goal of these kinds of damages is to punish the defendant for its conduct -- to hit them in the pocketbook -- and to act as a deterrent. Since it isn't unusual for punitive damage awards to top tens of millions of dollars, most states have set some type of cap on punitive damage awards in personal injury cases. Call us and let us help you with your case!
Просмотров: 173 Fernando Bernheim