January 25, 2019
Personal Injury Lawyer
As our personal injury lawyer can tell you, there is much confusion surrounding libel, slander, and defamation as well as when it violates someone’s civil rights. At Konrad Sherinian, we have protected the rights of a wide range of people with varying backgrounds and circumstances. One thing that many of our clients have had in common over the years is how they were badly mistreated and subsequently hurt through the actions of other individuals or companies. We are here to protect the rights of victims, and to recover their damages whenever possible.
If you were egregiously hurt by an act of defamation, we invite you to call us. You can speak with a skilled personal injury lawyer at no expense to you in an introductory consultation. We want to hear about what happened to you and determine if we can help you recover your damages.
Defamation (whether it’s libel and/or slander) is a non-bodily form of harm against someone. The resulting damages can be recovered from the perpetrator with the help of a personal injury lawyer. Below is a general explanation of both forms of defamation, but after a complimentary consultation with our personal injury lawyer, you may have a clearer idea of the strength of your case.
What is defamation?
Defamation is the damaging of someone else’s reputation by someone who writes and/or speaks an untrue statement about someone else. A victim can be defamed in the form of libel, slander, or both. Depending on the circumstances, the victim may be able to file a claim or a lawsuit against the perpetrator. A personal injury lawyer, like a personal injury lawyer in Phoenix, can help the victim file a personal injury claim and negotiate a settlement on their behalf. If necessary, they can also represent the victim in a personal injury lawsuit against the person who defamed them. Our personal injury lawyer can help determine if what happened to you goes far beyond the perpetrator’s right to freedom of speech.
What is libel?
Libel is a form of defamation that occurs in written form. For instance, if someone buys a billboard and on that billboard announces that a certain private individual is a thief, the individual may have grounds to file a libel suit against the billboard lessee.
What is slander?
Slander is a form of defamation that occurs in spoken form. For instance, if someone is being interviewed on radio or for a TV program and accuses a private individual of being a thief, the individual may have grounds to file a slander suit against the person being interviewed.
Who cannot seek damages for defamation?
Even if the above criteria is met, certain people cannot attempt to recover their damages. The most common examples are celebrities and major politicians.
Thanks to our friends and contributors from Rispoli Law PLLC for their insight into personal injury practice.
January 14, 2019
Medical Malpractice Attorney Chicago, IL
Would you like to know insider information about your malpractice claim that lawyers usually only tell their friends and family? Read on, we spill some of the helpful tips that can make the difference between a substantial payout and your case being dismissed.
Many law firms already have hired relationships with doctors and nurses to help perform initial reviews of cases. These medical professionals are trained in chart review how to look for signs an error or negligence may have happened directly causal to symptoms you suffer from. You can help this process through doing your own careful documentation in a typed or handwritten log of key events in a timeline of your claim.
Sadly, there is no legal published list stating how many times a doctor has been sued in the past or was a part of a medical malpractice settlement. Only In recent years have doctors received patient ratings that show up during internet searches. At times just one very ill patient or one with unrealistic expectations can skew the results for a given doctor to a low score. Also be aware that these scores are very subjective. Some of the most skilled physicians aren’t necessarily the most personable. Sometimes patients are rating based on bedside manner and not just clinical results.
Next, the geographic location where your claim happened matters. Veterans Administration hospitals is held liable for medical malpractice under the Federal Tort Claims Act. Their rules and procedures will be handled differently from that of an average public or private hospital. Malpractice claims are filed in the county where your event occured. Cook County is known to be the most supportive in Illinois for plaintiffs to file, but the success rate for cases that goto trial is still only around 20%. Don’t be surprised if it is more beneficial for your possible recovery to accept a settlement. But only make this decision after being sure you trust your legal team. Only they know the best legal strategy given all the complex factors that come into play in cases such as these.
In rural counties in Illinois, the success for plaintiffs is very low. This is one reason why when you select where to go for future complex health treatments it is often wise to seek several opinions. Also it is a good idea to consider travelling to a well-regarded teaching or urban hospital. In many cases the doctors there will be more experienced due to a higher volume of cases treated.
You hold responsibility for your own treatment. One example of failing to doso can be if you left the hospital early AMA, Against Medical Advice, what insurance companies call comparative negligence. This means if you found to be 50% responsible, then you may only recover 50% of the associated damages in an injury claim. If found more than 50% at fault, you will get nothing. In the future, bring a witness with you to procedures where you may have poor memory of directives the doctor gave or be coming out of anesthesia.
There are very few firms that have a track-record of winning medical malpractice cases. Hiring inexperienced firms can ruin your chance of winning your case. Make sure you interview a potential medical malpractice attorney Chicago, IL offers at The Law Offices of Konrad Sherinian, LLC carefully.
January 14, 2019
Patent Attorney Chicago, IL
By Krista Sherinian
It’s been said when children learn through play they absorb new information twenty times faster than using standard classroom methods. Given it is predicted that the jobs of the future haven’t been fully conceptualized due to how fast technology is evolving it is wise to teach kids a variety of tech skills from coding to how to interact with artificial intelligence and robots.
Instead of traditional dolls that focus on style and accessories why not buy the girl in your life a Inventor Action Figure? Created by Goldie Blox, they have a variety of toys that promote girls developing engineering and problem solving skills while having fun learning through play.
For example, the toy kits use pulleys, cranks, and other mechanisms to operate the toys such as a Spinning Machine or a Builder’s Survival Kit. The Girl Scouts partnered with Goldie Blox to offer specially priced kits that troops can use to earn Mechanical Engineering badges through individual and groups challenges using the kits. With many STEM fields still male dominated it helps that toys assist girls in visualizing themselves in these roles in a successful manner.
SnapCircuits kits use snaps, wiring into simple mechanisms and a project book. What’s interesting is kids can build a number of projects from the same kit. They have the satisfaction of making lights turn on with switches or hooking up the power circuit to operate a motor with a fan. K’NEX is also a toy with project kits teaching teens to create things like amusement park ride replicas, track toys using sturdy plastic parts that link to metal battery powered mechanisms. For kids that enjoy building toys like Legos, K’NEX is a natural progression.
Most exciting of all is ways to combine gaming devices with a motivation for parents and kids to work as a team to build complex projects using cardboard and other building materials to hold various disconnected touchscreens that interact with Nintendo Switch. For example, the traditional gaming remote becomes housed in a cardboard sleeve that allows new movements than a joystick. Predictions from tech parent blogs are rolling in about other platforms such as Shapeways possibly creating other post-market ways to use these systems with components made from 3D printers. The Nintendo Labo can construct models, vehicles, robots and a piano complete with 3D cardboard keys folded from pre-fab kits. Could this be the next trend in gaming since the Wii made kids more willing to exercise while they game?
December 16, 2018
Personal Injury Lawyer
Fox 4 News is reporting that two people have been charged with felonies in connection with a mauling in September by two of their dogs in Arlington, Texas.
The 58-year-old victim, Milton Sturges, was viciously attacked by two pit bulls while he was handing out flyers and lost his nose and ears as a result. In an affidavit provided by police, doctors who treated Sturges labeled the incident as the worst dog mauling they have ever seen. As a result of the brutal attack, police in Arlington tracked down the owners of the dogs, 39-year-old Michelle Taylor and 37-year-old Lerondrick Taylor, and arrested them over the incident. Michelle Taylor turned herself in, and Lerondrick was already in custody on unrelated charges.
Lieutenant Chris Cook with the Arlington Police said the department believes the dogs were getting out of the house and roaming the area on a regular basis. Cook noted that it is lucky no children were killed or seriously harm by the dogs, whom police say the owners were unable to control.
To stop the attack on Sturges, police officers were forced to fire on and kill the animals. Although the attack took place near the end of September, it took the investigators on the case some time to determine where the animals had come from. Police documents show that the owners tried to use another dog to prove to police that their animal was alive and well and that the attacking dogs did not belong to them.
According to investigators, it was the uncovering of removed Facebook posts that allowed them to trace the two vicious dogs to the home of the Taylors, even though they had deleted the Facebook account previously.
One witness, who declined to be named but did speak to the area news, said she saw the dogs actually latch into Sturges during the attack, which was incredibly violent. Lt. Cook also added that the victim nearly died from his injuries and will have a lot of facial scarring for the rest of his life due to all the medical procedures needed to restore his face.
In Texas, there is an “attack by dog” charge that can be used to elevate dog bite cases from civil proceedings to criminal ones. Due to the severity of the mauling, the Arlington Police decided to use this state law for the first time, which has resulted in felony charges against the Taylors. The couple is now facing a fine of of up $10,000 and a possible jail sentence of two to ten years.
Sturges is currently recovering at his home, and police say he was pleased to hear they made the arrests in his case.
When animal owners are not responsible, someone else often pays the price. If you have been attacked by a dog and suffered injuries or losses because of it, you may be entitled to compensation from the person responsible for that animal. Talk to the best dog bite lawyer Denver, CO offers about your case today to protect your rights.
Thank you to our friends and contributors at the Law Office of Richard J. Banta, P.C. for their insight into dog bites and personal injury claims.
December 11, 2018
Car Accident Lawyer
Every state has a set of laws that limit the time in which legal claims can be filed in courts. Those laws are called statutes of limitations. The time in which a lawsuit must be filed is called a “limitations period.”
States set different limitations periods for different kinds of lawsuits. For example, people usually have a longer period of time to sue for breach of contract than they have to sue for a personal injury. The limitations period for bringing an employment discrimination claim is usually shorter than the limitations period to sue for unpaid wages.
Personal Injury Limitations Periods
Different states set different limitations periods for personal injury lawsuits. Depending on the state in which the injury occurs, the statute of limitations may be as short as 1 year or as long as 6 years. Limitations periods of 2 or 3 years are fairly common.
The same state may set a different limitations period depending on whether the injury claim is based on an intentional act or negligence. Some states set shorter limitations periods for medical malpractice claims or wrongful death lawsuits than other kinds of personal injury cases.
Many states extend the limitations period when the accident victim is incapable of bringing a lawsuit. For example, minors usually cannot sue on their own behalf, so states often give minors who are injury victims a longer period of time to file suit. Individuals who are disabled or imprisoned may also be subject to a longer limitations period, depending on state law.
Injury victims need to be careful when they compute the applicable limitations period. For example, the limitations period in a negligence case might be measured from:
- the date of the negligent act;
- the date on which the injury arising from the negligent act occurred;
- the date on which the negligent act was discovered; or
- the date on which the injury arising from the negligent act was discovered.
The limitations period might also be extended when the negligent party fraudulently conceals a negligent act (as when a doctor falsifies medical records to conceal medical negligence). Since the limitations period can be difficult to calculate, it is wise to explain all the facts to a personal injury lawyer and to seek a legal opinion about the applicable limitations period.
Why Do Limitations Periods Exist?
A statute of limitations is sometimes called a statute of repose. The legal concept of repose means that people who might have done something wrong should not need to look over their shoulders for the rest of their lives, wondering whether they will be sued for their alleged misconduct. At some point, people should be allowed to stop worrying.
A more practical reason for imposing a limitations period is that it prevents evidence from growing stale. As time goes by, memories fade and physical evidence is more difficult to find. Requiring people to bring lawsuits while evidence is still relatively fresh improves the quality of outcomes by limiting the risk that claims and defenses will be based on unreliable evidence.
Lawmakers sometimes say that people should not be allowed to “sit on their rights.” That’s another way of saying that victims who have been harmed by another person’s actions should be encouraged to bring their lawsuits promptly. This is fair to the person who is accused of misconduct, because it becomes more difficult for those persons to find and preserve evidence to defend themselves as time passes.
Notice of Claim Statutes
A notice of claim requirement is similar to a statute of limitations. When claims are asserted against the government — such as a claim that a car accident was caused by poor road maintenance or a malfunctioning traffic light — the person bringing the claim is often required to give the government notice that the victim intends to bring a legal claim.
Notice of claim statutes may also apply to injuries caused by government employees. Whether they apply to traffic accidents in which a government employee (such as a municipal bus driver) was driving while “on duty” depends on state law.
Notice of claim statutes are generally much shorter than limitations periods. Injury victims may only have three to six months in which to file a notice of claim.
Required contents of the notice differ from state to state. Notice of claim statutes generally require the injury victim to identify the date, place, and cause of the injury. Some states require the notice (or a separate notice) to itemize the damages that resulted from the government’s negligence.
Failure to comply with a notice of claim statute, like the failure to file a lawsuit before the limitations period expires, can be fatal to the injury victim’s case. Injury victims should always consult with an auto accident lawyer Atlanta, GA trusts as soon as the injury occurs so that the limitations period and any notice deadline can be calculated promptly.
Thank you to our friends and contributors at Butler | Tobin for their insight into car accident claims and personal injury cases.
November 10, 2018
Car Accident Lawyer Naperville, IL
Getting into a car accident can already be an inconvenience for you. Your car might need repairs, you might be late to work, or you might even need a new car. However, having broken bones from a car accident can be serious, and it can mean time missed from work or school and even high medical bills. Attorneys know the damage that car accident injuries can cause. It can impact your family’s financial well-being, and it can result in months of healing and even physical therapy. Being injured by the negligence of another person on the road is never a small deal. Attorneys work hard to ensure your case is reviewed with diligence and fight to get you the compensation you deserve after a thoughtless accident.
How Car Wrecks Cause Broken Bones
It is not uncommon to have a broken bone after a car accident. When a bone is fractured, it is physically broken in some way. Two common types of broken bones are:
- Minor Stress Fractures
- Compound Fractures
When someone else hits your car—let’s say you were involved in a head-on collision—you and the other vehicle suddenly and abruptly come to a crashing stop. When this happens, the cars stop moving, but your body continues to move due to inertia. You keep moving forward but other parts of your body might jerk backward or from side to side. This alone can cause bones to break. Other ways your bones could break are due to outside forces. For example, airbags can cause rib damage, and outside objects can put enough pressure on your bones, forcing them to break, if your car is being pushed or compacted in any way. These incidents can cause severe fractures, especially if broken bones result in open wounds.
What Happens After a Broken Bone?
It is important to keep in mind that any broken bone sustained by a car accident is serious and should be treated through professional medical care. However, some broken bones can lead to more serious damage.
- Joint or Muscle Pain. This can become chronic after an accident. Joint or muscle pain can be a result of a broken bone and last for years or even for the rest of your life.
- Infection. When a bone breaks or pierces through the skin, infection is not uncommon. When these areas are exposed to bacteria, they can lead to complications and higher risks during the healing process.
- Deformities. While your broken bone might heal just fine, that does not mean it will heal perfectly or heal in the way it was originally. A healed broken bone can still be damaged or different from how it was before the accident.
Contact an Attorney For Help
Receiving compensation for injuries sustained after someone else’s negligence caused by an accident should be the last thing you worry about. A car accident lawyer Naperville, IL relies on at The Law Offices of Konrad Sherinian, LLC will fight to get you the best possible outcome for your case and work hard to help get you compensation. Never settle for less.
November 10, 2018
Car Accident Lawyer
There is always a high risk of injury whenever a person is involved in a car accident. As a car accident attorney can attest, even a minor fender bender can result in a serious injury. Unfortunately, there are far too many crashes that occur each year that leave victims with catastrophic injuries that can leave victims permanently disabled. And each year, thousands of victims are unable to survive the injuries they sustain.
Life-threatening and fatal injuries often leave victims and/or their families dealing with devastating financial losses to deal with, in addition to the physical and emotional impacts they also are now forced to struggle with. A car accident attorney can help victims obtain the financial compensation they deserve for these overwhelming losses. Some of the more frequent type of car accident catastrophic injuries include the following:
- Traumatic brain injury: Also referred to as a TBI, these are the most severe head injuries car accident victims can sustain. These injuries can also be “silent” ones because many times there is no bruise, bump, or wound that would normally warn the victim they have been injured. A TBI can occur even if the victim’s head did not hit a surface, but simply by the jerking movements a body makes upon crash impact. Symptoms of a possible brain injury are loss of consciousness, confusion, headaches, and changes in personality. Other common catastrophic injuries to the head that can cause brain injury is a penetrating wound and fractured skull.
- Penetration of the abdomen or chest areas: Whenever an object penetrates the abdomen or chest areas, there is a high risk of a fatal injury. Organs in these areas that sustain damage are the bowels, heart, kidneys, liver, and lungs. Major arteries and vessels can also be punctured.
- Fractures: Depending on the severity of the break, fractured bones can cause all kinds of medical issues for a victim, even requiring surgery and physical therapy to help the bones heal. Facial fractures are common in serious car accidents and victims often have to endure multiple surgeries, including plastic surgery, before they are completely recovered. In many cases, there is permanent disfigurement or scarring. Fractured bones can also create a potentially fatal injury if the broken bone punctures an organ.
Car accident victims who have suffered catastrophic injuries should contact a car accident attorney in order to pursue a personal injury lawsuit against the party or parties responsible for the crash. Some of the losses a victim is entitled to receive financial compensation for includes:
- All past, present, and future medical expenses. This includes all hospitalizations, surgeries, physician appointments, diagnostic testing, physical therapy, medications, and medical equipment and devices.
- Lost wages from any time missed from work while the victim was recovering. This also includes benefits the victim may have lost. If the injuries have left the victim unable to return to work, then they may also receive loss of future compensation benefits.
- Non-economic losses, such as pain and suffering, mental anguish, permanent disability, scarring, disfigurement, and loss of life enjoyment.
When a victim does not survive their injuries, their family can pursue a wrongful death claim against the liable party.
If you have been injured or have lost a loved one in a crash, a car accident lawyer Des Moines, IA relies on can meet with you and explain what all of your legal options are.
Thank you to our friends and contributors at Johnston Martineau, LLP for their insight into car accidents and personal injury.
October 24, 2018
Bicycle Accident Lawyer
In the spring of 2018, venture capitalists dropped electric scooters by the scores on select towns across the country. Municipal laws banning the electric ride-sharing vehicles were non-existent – who could have anticipated grown adults would flood the streets with toys reminiscent of their youth? The bombardment of scooters on streets, trails and sidewalks provoked city administrators to ask the California-based entrepreneurs to suspend their ride-sharing businesses while councils could weigh the practicality of electric scooters on city streets and carve out some light rules and regulations until more comprehensive legislation could be written. The E-Scooter visionaries prevailed in most locales while town representatives were left scratching their heads.
In most niche cities, e-scooters are treated much like bicycles. A bicycle accident lawyer Indianapolis, Indiana listens to believes that cyclers in cities with bicycle infrastructure have injury rates approximately fifty percent lower than cities without bicycle lanes. The Rules and regulations regarding rider-assisted shared electric vehicles are sparse to say the least. Each municipality has adopted a list of regulations that may differ from one city to another. The following is a general list of common-sense rules adopted by various cities, but before renting an e-scooter or electric bicycle, check your local rules before you take to the road.
- Drivers must be 18 years of age and have a valid driver’s license.
- E-Scooters must be operated on the streets; in bike lanes wherever they exist; and on trails only where permitted.
- Drivers are generally not permitted to operate e-scooters on sidewalks.
- Cities differ in parking requirements. Dockless e-scooters may be left on the sidewalk – not on city streets. Each city requires a margin of sidewalk space for pedestrians, wheelchairs and people with disabilities. Check your city’s regulations before you park, or you may contact your bicycle accident lawyer to learn more.
- Vehicles may not be parked in front of ramps or doors
- In cities where e-scooters are permitted between sunset and sunrise, most jurisdictions require the vehicle must be equipped with front and rear lamps.
- In states where helmets are not required by law, e-scooter companies encourage the operator to wear a helmet and may, in fact, provide one upon request.
There is a genuine need for quick, cheap and easily accessible transportation in congested cities like San Diego, LA, Indianapolis and DC. E-scooters allow urbanites to travel relatively short distances in no time at all, from one office to another or across town for a quick lunch break with a friend. The scooters have also enjoyed popularity as a prime attraction for tourists or a brief time-out for an energetic downtown workforce to burn off steam.
Know and follow the rules of e-scooter safety in your jurisdiction. Failure to abide by the rules may cause harm to another rider, cyclist, or motorist and you may personally be held responsible for their injuries. On the other hand, if you are injured by the negligence of another driver, do not discuss your accident on social media or with the press before you contact your bike accident lawyer Indianapolis, IN residents rely on.
Thank you to our friends and contributors at Ward & Ward Law Firm for their insight into bicycle accidents and personal injury claims.
September 16, 2018
Personal Injury Lawyer
Although toxic mold is a hot topic when purchasing a home these days, it is often overlooked when searching for a rental property. You are basically searching for an apartment or rental home that is in your budget, is a good location for commuting, and in generally good condition. Asking or looking for evidence of black mold is probably not on the top of your priority list of questions. Even if it was, it is likely not evident until the damage is done.
What Kind of Health Issues Can be Attributed to Exposure to Black Mold?
Black mold can be the cause of serious health issues if you are exposed to it consistently for a period of time. These health issues include:
- Respiratory issues
- Internal organ damage
- Skin irritation or inflammation
- Mental impairment
Black mold tends to be found in damp, dark areas; therefore it is often not apparent until the physical damage has been done. In addition, black mold can cause damage to the property that is expensive to remediate and sometimes not treatable.
What Do I Do if I Discover Mold in My Rental Property?
Legally, landlords must by law provide suitable living conditions to its tenants, which means there are no safety or health hazards present. The standard that landlords need to adhere to is generally the building codes of the local jurisdiction which details the tenant’s safety and health concerns. Toxic mold is considered a major concern and tenants should not be expected to live in conditions where mold is present and health risk.
If you find mold in your rental property, your first step should be to contact your landlord. They are responsible legally to remediate the mold problem and reimburse you for any expenses you incur because of the mold. If after the landlord takes care of the mold you still show evidence of health issues you think may be a result of being exposed to the black mold, you can still claim damages against your landlord. If your landlord disputes your claim that your rental has black mold, you can pay for an inspection of the property and if mold is found after the landlord has disagreed with your claim, it may open the landlord up to increased liability.
Can I Sue My Landlord for Damages Incurred Because of Exposure to Black Mold?
If you have tried other avenues with no satisfaction, your only option may be to take your landlord to court with a personal injury lawyer St. Paul, MN trusts by your side. Depending on the amount you are asking for will determine whether or not you can resolve your issues at small claims court.
Damages you may be able to claim because of black mold may be:
- Pain and suffering as a result of being physically harmed from the mold
- Lost wages when getting treated
- Any medical expenses as a result of being exposed to the black mold
- Destruction of any property you had that was contaminated by the mold
- Long-term earning potential that may suffer because of your injuries
Thank you to our friends and contributors at Johnston | Martineau, PLLP for their insight into personal injury cases and mold in rental units.
September 15, 2018
If you are witness to a car accident, the first step is ensuring that your own safety is put first. If you are in a car, pull your vehicle to the side of the road (or in a shoulder if one is present), at least 100 feet away from the car accident scene with your hazard lights turned on. By keeping yourself and your car at a safe distance from the accident, you will limit your chances of coming into contact with broken glass, possible flames, leaking fuel, and other car debris that was a result of the accident. Additionally, emergency vehicles will need room to pull up to the scene of accident, and by keeping a safe distance you allow ample room for them to arrive.
Should I contact the police?
If you witness a car accident, you should contact the proper authorities once you have pulled off the road safely. Never assume someone else has contacted 911. Once you reach a dispatcher, be prepared with the following information regarding the accident:
- You are a witness to this accident
- You and your vehicle are both safe from the accident
- The location the accident happened
- If you can see that anyone sustained injuries from the accident
- How many vehicles you see involved in the accident
Should I get out and help those involved in the car accident?
Although it can depend on the state you are in where the accident took place, you are not typically required to get out of your car to help those who were involved in the accident. However, some states have what is known as a Good Samaritan Act, where the person who chooses to aid those who are victims of a car accident do so in good faith, to either care for, or treat those, in an emergency situation. The person cannot be held responsible for what happens to those that he or she helps, as long as they were acting under what is considered to be a reasonable form of helping others. However, if you increase the risk of injury, death, or make injuries worse, the Good Samaritan Act is not applicable.
Should I submit a statement?
When the police arrive at the scene, expect to make a statement. The police must gather as much information as they can to piece together the accident, and, as an impartial witness, you can provide key information in your testimony. When providing a statement, take care to:
- Take as much time as you need to recall what happened
- Be clear and give as much detail as you can
- Be prepared and willing to provide contact information
- Do not assume what either driver was doing if you did not witness it
It is likely you will receive a follow-up call from the police, but it is also possible you will receive a phone call from insurance companies or attorneys seeking further clarification or statements from the accident. In these situations, it is always best to be honest about what happened. By keeping these steps in mind, you can bring clarification to an auto accident scene and help authorities build an accurate story. If you have witnessed a car accident or have further questions on what steps to take, contact a car accident lawyer Chicago, IL trusts from The Law Offices of Konrad Sherinian today.