Personal Injury

The Rise of Alternative Prosthetics

Posted by on Feb 16, 2017 in Personal Injury | 0 comments

According to Mazin & Associates, PC, an amputation injury is an injury that involves the loss of one or several body parts. A myriad of factors can contribute to the loss of limbs. According to U.S. National Library of Medicine, these include but are not limited to cancer, diabetes, tragic accidents, and birth defects. Prosthesis or an instrument that replaces the missing appendage offers the amputee the ability to perform daily tasks like walking or eating. Improvements in technology have inspired an abundant amount of research concentrated on the creation of lifelike limbs that mirror, and in some cases, restore the functionality of their natural equivalents. Still, a prosthetic need not appear realistic in form.

The Alternative Limb Project, a project created by prosthetic designer Sophie de Oliveira Barata, celebrates the notion of artificiality. Her custom designs prove there are virtually no limits when it comes to artificial limbs. A bionic arm and leg straight from a sci-fi game and a lifelike arm with equally realistic snakes wrapped tightly around the forearm are among a few of her unique designs. The possibilities are endless; still, imagination has its limits. An impressive, creative design must not come at the expense of functionality. Why are these constructions important? Rather than merely imitating the appearance of skin, these creative artificial limbs empower through customization. Formerly powerless to the factors that removed his or her appendage, the individual can regain autonomy through these incredible creations. The prosthetic is now an extension that mirrors personality. He or she can bare their arms, proudly. This does not undermine the pride of those who genuinely wish for and possess realistic appearing limbs. Still, most insurance companies only cover the expense of realistic prosthetics. Fortunately, individuals like Sophie raise awareness and ultimately advocate for customizable prosthetic in hopes that more insurance companies will cover such a cost.

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Determining Liability On Indoor Slip and Fall Conditions

Posted by on Jul 18, 2016 in Personal Injury | 0 comments

Slip and fall accidents can be quite common indoors. In such situations, the property owner can be held liable for any injuries that happen in their premises if they failed to take the necessary actions to ensure the safety of their environment, which is part of their duty of care to their tenants. According to the website of Pohl & Berk LLP, property owners should ensure that any dangerous surface should be eliminated or else they will have liability for any injuries that will occur. Here are some instances when property owners can be liable for premise liability indoors:

Floors

The premises of an apartment or commercial building should be from wet floors. If the property owner fails to do the following, they could be held liable for the slip and fall accident:

  • The property owner did not sufficiently warn occupants or tenants that the floor is wet or damp
  • The owner of the building did not provide adequate barriers to seal an area where there is a wet floor
  • Excessive use or uneven application of wax or polish
  • Cleaning one part of the floor and leaving the other section uncleaned

Stairs

Stairs are made from materials that can be subjected through wear and tear. Their edges can become rounded which could result to people slipping when they step on them. If the property owner is aware of such condition and does not remedy it, they will be held liable for any slip and fall accident. Additionally, they may have some liability if the following conditions are not corrected:

  •  Worn and rounded steps
  • Presence of debris on the stairs
  • Although the stairs are waxed and polished, the materials do not have a non-skid surface
  • Broken or missing handrail

Escalators and elevators

In the case of escalators and elevators, proper maintenance is necessary to ensure their safety. Slip and fall accidents can happen as a result of sudden movements in the machineries or when clothes, footwear, fingers, hands, or feet are caught in the machinery.

While guests and occupants also have a responsibility in being aware of their surroundings, Oklahoma personal injury lawyers at the Abel Law Firm would say that the burden of responsibility is greater on the property owners.

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What Are The Available Damages In A Wrongful Death Claim?

Posted by on Jul 16, 2016 in Personal Injury, Wrongful Death | 0 comments

Death is an inevitable fact of life. But when it comes at an unexpected time, it can have a devastating effect on the surviving family members. According to the website of Ausband & Dumont, the sudden death of a loved one can bring emotional and psychological trauma to the family of the deceased. In order to recover from the potential financial trouble that they may incur, the surviving members of the family can file for damages.

While we cannot put a worth on the life of a person, wrongful death claims becomes a means for survival for the family of the deceased person. Newport beach injury lawyers of the Chris Mayo Law Firm agree that the loss of a family member is not an easy thing and can result to long term devastation. When the death of a person is due to the negligence of another individual, the best way to recover for the financial loss is to recover damages.

Generally, there are three types of damages that the survivors of the plaintiff can claim namely economic, non-economic and punitive. Economic damages are the value of the financial contributions that the deceased would have made if not for their death. It may include medical and funeral expenses, lost wages, lost benefits, lost inheritance, and goods and services the deceased could have provided.

Non-economic damages are the less tangible but often more valuable damages. Examples include pain and suffering, loss of protection, guidance, advice, training, and nurturance, loss of consortium for the surviving spouse, and loss of love and companionship.

Punitive damages are awarded to the plaintiff as a punishment for the defendant. In some states, these damages are not available in wrongful death suits. In some states, the plaintiff’s family can collect interest on the damages from the time they were incurred to the time of collection. They can also collect attorney’s fees for the expenses they incurred for filing the case.

Wrongful death claims are governed by “statute of limitations.” In general, the lawsuit should be filed in a span of two years from the date of misconduct. In some states, the time limit can be as short as one year. There are special rules for minors or persons with mental disabilities.

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