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Contaminated Blood Transfusions and Personal Injury Claims

Blood transfusions can be life-saving when executed responsibly. On the other hand, contaminated blood transfusions can be fatal, as one might get infected with diseases like AIDS, Hepatitis (B and C) or hemophilia. If you have received infected blood, you are eligible for filing a claim for personal injury. The most common cause of death from infected blood is a condition called Acute Hemolytic Transfusion Reaction (HTRs or AHTRs).

Every year about 11 million units of red blood cells are transfused into around 3 million patients in the US alone. This is why strict standards are maintained for the monitoring and administering of blood. Transfusion depends on the doctor and not on the patient. Therefore, blood transfusions should be thoroughly checked and tested for various infectious agents. The fact is that even going by tougher blood donation standards and screening processes, contaminated blood transfusion mishaps continue to occur.

One of the studies published in the New England Journal of Medicine revealed that two-thirds of the transfusions are not administered properly. In such a case, your legal rights should be protected. If you happen to develop a serious infectious disease after receiving a blood transfusion, your attorney must know how to help you.

Who is expected to provide evidence?

  • Patients
  • Dependants
  • Bereaved families
  • Medical / scientific community
  • The government
  • Legal representatives

What are the causes of contaminated blood transfusion?

  • Inability to identify signs and symptoms after transfusion
  • Cross-matching of multiple samples simultaneously
  • Insufficient orientation or training to hospital staff members
  • Storing of blood for multiple surgical patients in a common refrigerator
  • Lack of communication among caregivers
  • Errors like patient identification, sample label or even blood label
  • Inadequate patient blood transfusion certificate
  • Unethical policies such as patient dumping and discrimination
  • Lab errors, surgical errors, negligence and unsanitary conditions

In any of the event where a serious injury or death occurs due to blood transfusion errors, the institution comprising of doctors, nurses and other medical care unit members should be held responsible.

Labels: Personal injury attorney, medical negligence attorney, blood transfusion errors, Acute Hemolytic Transfusion Reaction, infected blood transfusion

 

What is an Accident Case

First things first, you may be wondering, what is an accident case?

While many lawyers handle “accident cases” or “wrongful death cases,” many more citizens do not know exactly what these cases are.

Accident cases are cases involving car accidents, trucking accidents, motorcycle accidents, or wrongful death cases in which a person has been killed or injured due to another person’s neglect or carelessness. When you suffer injury it is a personal accident case; when you car suffers damage it is a property damage claim. Often property damage claims will be handled by either your insurance company or the insurance company of another driver.

The term “wrongful death claim” signifies a situation in which negligence causes the death of another. Though laws differ between states and jurisdictions, understanding the specialized laws of your particular area is essential.

Labels :Accident attorney, car accidents, property damage claim, trucking accidents, wrongful death cases

   

Your Claim: A War that Can Be Won

How to Win Your Case

Many may think that just because you were injured in an accident, you are entitled to money in your claim, but this is not the case. Not only must you have been injured, but it had to have been caused by carelessness or negligence. This must be a condition, you must sue the right person, and you must do it in the right time frame.

Knowing whether you need an attorney

A key piece of knowledge in handling an accident claim case is knowing in which circumstance you will need an attorney. While not all cases dictate that lawyers are necessary, many do. Cases with little property damage and minor injuries, for example, are not even accepted by our firm. In these cases, the money obtained from the small claims will not match the fees charged for our services, and so we will be wasting your money. This would be unfair to any client. However, in this case, we do offer consulting services for a small fee for those wishing to pursue the claims case themselves. Your decision, combined with our services, can save you thousands and win your case.

Before you consider your ability to hire an attorney, know that insurance companies tend to hand higher payments to claims that are represented by an attorney.

A 1999 insurance study proved this fact. The non-profit Insurance Research Council conducted the study on leading casualty and property insurance companies across the entire United States. The findings were startling: those who enlisted the services of an attorney in accident claim proceedings received payments of up to 3.5 times more than those who represented themselves.

Labels :Accident claim attorney, consulting services, hire an attorney, non-profit Insurance Research, handling an accident claim

   

New Tobacco Law Urge Stricter Guidelines for Manufacturers

Saving lives is what doctors are known for but here comes a surprise: the US President is poised to save millions of lives by ensuring that your next cigarette pack comes with a warning. World over, non-smokers have reason to cheer as America’s toughest smoking law has been introduced in the form of a bill by the US President Barrack Obama. The congressional Budget office estimates that the regulation is likely to pull down underage smoking by 11% over the next 10 years.

Stricter Guidelines for Tobacco Advertising

Today’s consumers are highly conscious of health implications of anything they consume. Now tobacco companies will be forced to refrain from using terms like "light”, "low", "mild”, and “candy, fruit- and spice-flavored.” However, tobacco ads are prominently displayed in athletic and entertainment events, where women and children are more frequent visitors.

Recent survey reveals that one out of five Americans smoke and around 4.4 million people die due to smoking related illnesses. Despite firm resistance by the industry and tobacco's political backers, the bill got passed.

The bill was strongly backed by the country’s main health groups such as:

  • The American Cancer Society
  • The American Heart Association
  • The American Lung Association.

The law will assume a significant role in educating next generation Americans about the ills of smoking and its long term side- affects.

Smoking Law and Personal Injury Claims

Typically, claims relating to personal injury arise upon purchase of products that are dangerous. This spells legal trouble for the manufacturer of the product.

The recent tobacco law requires the following to be implemented by tobacco companies:

  • fully disclose ingredients and additives
  • stop targeting youths with their marketing campaigns
  • stop using terms such as "light," "low" and "mild" to market their products
  • Include warning labels on packaging that dominate the front and rear panels.

The law seems to be clear that the manufacturer of the product is held civilly liable for the harm that is caused as a result of a product that is inadequately warned or negligently manufactured.

   

Tricks from your insurance companies, lawyers and lawsuits

Often, insurance companies look to take advantage of an unknowing claimant before that person has had the chance to retain advice from a lawyer. Some companies even indulge you to deal with them prior to talking to an attorney. These companies use fear, charging a lawyer’s ability to drain money that the insurance company wants to give to you.

On the contrary, you might not even need an attorney for your case, but, without understanding the system, you will never know if a lawyer is right for your case or not.

The goal of the insurance adjuster is not to get you to take your money and pay your insurance company, but to finish your claim quickly and release all of your claims.

Among the other techniques an insurance company will practice to get your file finished and sweep your claim under the rug include:

  1. Delay, delay, delay. Many companies know that those in an accident are in a desperate situation. After an accident, your health insurance may rise and you may be out of a job, and insurance companies may do their best to sweat you out of your claim.

  1. Requesting unnecessary information. Many insurance companies wish to stretch out the process by asking that you provide them with minor details that will have no effect on your claim or your payment. This other kind of delay will allow them to hold onto any money that they might have to pay you for as long as possible.

  1. Questioning medical treatment. Many companies, devoid of medical experience and knowledge, will offer ridiculous claims about your medical status, and attempt to pain you as a liar or a faker, saying that you ought to have gotten better.

  1. Shortchanging medical charges. If an insurance company can relieve themselves of a small percentage of your medical charges, even 5%, they could save themselves millions of dollars every year, and cost you valuable assets.

  1. Misrepresentation of your benefits. Another way to save money, that will not be found out unless you file suit against an insurance company, is by misrepresenting your insurance coverage. Omitting mention of certain policies will keep the company from paying you the money that you are entitled to.

  1. Friendly false promises. These promises can be in the form of many different promises to pay and cater to your claim, but once a lawyer appears on your side, all claims and attempts at friendliness may quickly disappear.
   

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Testimonials

  • “Solomon is not just an incredible lawyer, but an all-around great guy. I've had the chance to help him with some marketing, but it doesn't matter how many headlines you get in the paper and interviews you get on TV if you aren't running your business with honor and integrity. He's the real deal. Give him one percent of your confidence. He'll earn the rest!”

    - Jeff Crilley
  • "Solomon is a detailed and energetic personal injury attorney who puts in long hours at night and on weekends to get the case right. He is always prompt about sending complete medical records and all information I request. Solomon knows that using experts who provide an honest opinion of merit is always in the best interest of his clients. It has been a pleasure working with Solomon Neuhardt and I look forward to serving more of his clients."

    - Susan Schaab
  • "Solomon is a true professional. I have been working with Solomon for almost a year now and his working style displays his attention to detail, knowledge about what he does and needs, cooperative nature for achieving mutual objectives and, above all, friendly and caring attitude that comes first when dealing with matters like accidents and complex legal issues. I will be happy to recommend Solomon to anyone who is planning to work with him in any kind of business arrangement."

    - Vikrant Sharma
  • "Sol is articulate and committed to the important things in life. He spends a great deal of time studying different ways to market his firm. I would consider him a very driven individual with a great deal to offer. He is a caring person that has provided me with great advice when I needed it. I am glad to know him."

    - Jody Bergstrom
  • “Solomon's work ethic and attention to detail coupled with a consistent, reliable, punctual and selfless demeanor are an excellent recipe for success. I highly recommend his service, counsel and excellent direction.”

    - Robert Berhow
  • “Solomon Neuhardt's expertise in handling personal injury cases is second to none. He is a dedicated, hard working attorney, who, in my opinion, is about principle and integrity. It is not about the money to him, it is about doing what is right in the best interest of his clients. I truly believe that this man would pro bono a case if he felt he did not represent a client to the best of his ability. I feel fortunate that I made the choice to hire him to represent me.”

    - Laura Peron
  • "Working with Solomon has been a great experience. I have worked with him for several months now. So far he seems to always have his clients' best interests at heart and works to ensure that they can find the information they need as easily as possible. He has a great sense of humor, he is smart and he has a strong work ethic. I hope we continue working with each other for many years to come!"

    - Jennifer Anderson
  • “In 2009, my son was a passenger of a car involved in an auto accident that resulted in high dollar medical bills as well as life-long injuries. I hired Solomon Neuhardt to represent us and help us legally pursue the parties responsible. He listened and showed a deep sense of understanding and respect for my concerns. Hiring him has given me peace of mind because he is trustworthy, consistent, and reliable. If you need legal advice or need representation, I would recommend Solomon Neuhardt.”

    - Jill Vasseur
  • "Sol is great, this is the second time I've worked with him. I chose him again because he did such a good job previously. He has a good attitude and that made me have a positive outlook on the whole situation too. Sol got the best possible deal for me. I would definitely refer him to anyone looking for an attorney."

    - Amanda Heckel
  • "Solomon is a great lawyer and a easy person to work with. No matter how many questions I had, he was very prompt at answering them. He is very professional and knowledgeable at what he does. If anybody that I know needs a lawyer, I will definitely without thinking recommend them to Solomon."

    - Doug Dewitz
  • "Sol was very dependable. He was very loyal and punctual. He is a hard worker and he really helped me out in a time of despair. I would definitely recommend him to friends and family."

    - Dan Wood

  • "The first time I worked with Sol, he fought for my probation extension to be dropped. Basically, every time I've needed anything he just made it happen. Previously my expectations of working with any attorney weren't very high but now they are. I know that Sol can get me anything I need. I can walk into his office, no matter what, and sit there and talk and not have any anxiety about it. I tell people all the time about him and anybody who needs an attorney, I give them his number."

    - Kerry Dangerfield
  • "Solomon Neuhardt is a young, enthusiastic lawyer. He is willing to go the extra distance for his clients. Sol has been there every step of the way for us. He has always returned our phone calls, even when he himself was out of town. That says a lot about the communication he has with his office staff. Sol looked at our case from all possible angles and then proceeded in our best interest. We will, and do, recommend him to all our friends and others who know us."

    - Dave and Michelle Kirchner
  • "I feel like working with Sol went really well, he's been straightforward and honest as far as looking out for me. He did what he did to try to cut costs and give us the best price possible while making sure he doesn't cut corners on his service and gives every bit you pay for. I have referred him to friends and family and will continue doing so. I was looking for someone who would give me good, accurate legal service and be fair. He definitely got me the results I wanted."

    - Rob Carpenter
  • "Sol did exactly what he said he'd do, was always available and even came in on a Saturday for us. I would and have referred him to my friends and family. I have his sticker on the back window of my truck."

    - Nick Zugg
  • "He has fantastic personality and is a fantastic lawyer. I was most definitely satisfied with the results of my case, my expectations were very high and he met them. He was very helpful and did his job. He has a very good character. I have referred him to a friend and I will continue to refer him."

    - Andrea Axtman
  • "Very satisfied with his services."

    - Paul Blinkinsop
  • "He is a great lawyer. Sol did what I needed him to do and got the results I wanted. He was available for me when I had questions or concerns. I will definitely use him again in the future if I need to. I have and will continue to refer friends and family to him."

    - Julius Koch
  • "Solomon was very professional and respectful. He got the job done with absolutely no stress for me. I was very happy with the end results of my case. He was always available when I needed him. I never had to worry about things getting done. I would refer Sol to anyone."

    - Syd Eliason
  • "Solomon exhibits mastery over his field while maintaining a focus on his client’s interests. While working on cases with him, I have witnessed skill, tact and a keen sense of strategy. His ability to adapt to an ever changing environment attests to his leadership. In litigations, he is a true courtroom warrior that thrives on the challenge. I have witnessed his courage. He is willing to introduce cutting-edge arguments that challenge the status quo--as long as they will advance his client’s case. I would hire him in a heartbeat.”

    - Genet McCann
  • "Solomon is very knowledgeable about the law and knows how to get the work done in a timely manner. He is very honest and professional in his dealings with people.  I would recommend him to anyone."

    - Charlie Hamwey
  • "Sol is a great lawyer! He makes you feel at home in his office. His staff is very polite as well. Sol worked very hard on my case and took good care of me.
    I recommended Sol to my friends and family. I would like to thank Sol and his staff for taking such good care of me."

    - Joe Warren
  • "Solomon provides excellent work and keeps his clients up-to-date on his efforts keeping in mind how to best serve his customers legally and professionally."

    - Christopher Fryett

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