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When Medical Malpractice Has Led to a Child’s Cerebral Palsy

Posted on by productionnye

What happens in about 4 out of 1,000 births? A condition such as this is known as cerebral palsy, which is considered to be one of the most common motor disorders affecting children in America today. CP, a debilitating disorder that affects many children in the U.S. today, starts in the brain where the muscles are controlled. While a small percentage of children adopt this disorder after birth, others are born with it. What happens if you were having a perfectly healthy pregnancy but, when you go through labor, your child is born with cerebral palsy? Sometimes, this unfortunate condition can result from medical malpractice by a physician.

Sometimes, there are risk factors that can dictate whether or not you are more likely to have a child with cerebral palsy. For instance, you could have some type of condition that is more likely to increase your child’s chances of adopting cerebral palsy. This is true for those giving birth to twins or triplets, having a health issue with your thyroid gland, or coming in contact with a toxic substance. However, in cases where cerebral palsy results due to the negligence of a doctor, you may wonder where to start.

Cerebral Palsy Due to Negligence

medical malpractice lawyerThere are many ways that these preventable birth injuries occur. Sometimes, these birth injuries are caused by the following reasons:

  • Infections that have gone undetected in a mother during pregnancy
  • Effects of drugs or surgeries during pregnancy
  • Failing to notice improper heart rate from the baby
  • Not performing a C-section when it is needed
  • Gross mismanagement by a doctor

Sometimes, forceps and vacuum extractors can cause cerebral palsy in an infant as well. In fact, they are one of the main reasons for this brain disorder that leads to debilitating effects in an infant. Forceps and vacuum extractors pose many risks to an infant, including brain damage, fractures to the skull, stroke, seizures, and cerebral palsy. Because many of these aspects are highly preventable and there are better methods to be used in the delivery process, many parents wonder how they can bring a claim after medical negligence has led to their child’s condition. Luckily, we are here for you to walk you through the steps of your case.

Cerebral palsy most often occurs when a child is deprived of oxygen during the birth process, which can be easily shown on a fetal heart rate monitor. When a child has been diagnosed with cerebral palsy, you can bring an injury case on their behalf.

Damages in a Cerebral Palsy-Related Claim

If your child has endured cerebral palsy, you may be able to claim damages on their behalf. Some medical expenses that will be covered include damages that can last them a lifetime as they struggle with their injury, which could easily accrue tens of thousands to millions in medical bills for the past and future. Non-medical expenses that you may be able to compensate for include aspects of occupational therapy, counseling for your child, extended home care, and more. Your child may have suffered pain and emotional trauma due to the injuries, which is one more damage you can seek. Regardless of the damages that you believe you are entitled to, you need an attorney on your side who specializes in birth injuries and can help you every step of the way. We want to speak to you today at the Nye Law Group. Call us today as soon as possible at 855-636-9277.

 

 

Sources:

https://www.webmd.com/children/guide/understanding-cerebral-palsy-basic-information#1

https://thenyelawgroup.com/

When You Have Been Injured By Falling Debris in the Workplace

Posted on by productionnye

There are many dangers in the construction industry. In fact, this industry is known to be inherently dangerous for a variety of reasons, such as collapses, scaffolding accidents, and much more. What happens when you have been injured by falling debris in the construction workplace? These accidents are extremely preventable so, when you have been injured, you know that negligence took place. Today we will take a look at the causes of falling debris, liability, and so much more.

Construction Mistakes That Lead to Falling Debris

Falling Debris lawyerLack of Hard Hats: If you are working in the construction zone, you need to wear a hard hat. It is the one way that you are offered protection in the construction workplace.

Insufficient Signage and Training: If there are no signs that point out hazards, workers may not be looking out for them. If a worker was not trained, they may not expect debris to constantly fall in the workplace.

Failing to Inspect Equipment: Debris sometimes falls in the workplace when hooks, cords, and many other devices become old and weak, no longer working as they used to. This is why it is important for these devices to regularly be inspected. If equipment seems to be flawed in some way, it should be replaced by the employer.

Failing to Secure Tools: Tools should always be secured. However, because they are always being moved around, they are often left unsecured. Tools should be secured any time workers are working in an area where other workers are working, to prevent them from falling onto others.

In these accidents, somebody is always liable for any resulting injuries. This is because construction site owners and many other entities must do whatever it takes to keep a construction zone as safe as possible. Other entities who may be liable include contractors, subcontractors, parts manufacturers, and a variety of other parties. If an object falls onto the head of another person and injures them, this usually means that there was some unsafe condition present that could have been prevented under ordinary circumstances.

How Common Are These Accidents?

According to an Occupational Safety and Health Administration report in 2015, fall protection violations were at the top of the list of violations. There were 7,402 cited incidents relating to these violations, in fact. This includes anything from tools, other equipment, and even people – because anything that falls in the workplace is considered to fall under fall protection. Many of these injuries alarmingly could have been prevented through the proper use of safety equipment. However, a variety of parties at construction worksites do very little to take necessary precautions that could save the lives of workers or prevent injuries that keep them out of work and more.

If you have been injured in a construction-related accident, you may be a candidate for workers’ compensation benefits. At the Nye Law Group, we can help if you have been injured in a North Carolina construction accident and want to earn compensation so that you can move forward and recover from these injuries. Call us as soon as possible to get started on your case.

 

 

 

 

Sources:

http://www.alllaw.com/articles/nolo/personal-injury/liability-construction-site-injuries-caused-falling-objects.html

http://www.ehstoday.com/construction/sky-isnt-falling-and-your-tools-shouldnt-either

https://thenyelawgroup.com/

Employee Or Independent Contractor: Am I Covered in An Accident?

Posted on by productionnye

You’ve been injured in a workplace accident and you want to compensate for your injuries. Your injuries have caused you to miss time at work, suffer from mounds of medical bills, and so much more. You’ve very hopeful that you will qualify for workers’ comp or gain the ability to bring a claim, but what happens if you aren’t actually an employee? Unfortunately, this raises many questions and can make it difficult for you to go through a personal injury claim. Sometimes employers tend to wipe their hands of those who are independent contractors. We will help you discern between the two.

Employee or Independent Contractor?

workplace injury lawyerIt is critical for businesses to decide if somebody is an employee or an independent contractor in the workplace because different rules and regulations apply. Here are some facts that will help you determine:

  • Does the company have control over me on a behavioral level, which means that they control everything I do at the workplace? Do they let me have freedom? If they control your everyday workload, you are probably an employee.
  • Am I paid for the job like every other employee? Does the employer provide my tools? Often times, independent contractors will be paid differently and will have to provide their own tools on the job.
  • Do we have written contractors with one another? Will our relationship continue? If this is a long-term job, it is probably an employee-employer situation.

However, there is really no set of factors that determine whether or not you are an employee or contractor. If you have an agreement that states that you will only be working there for a short amount of time and it is spelled out in a contract agreement, you are probably an independent contractor, which opens all-new doors when it comes to your recovery after an accident.

Will I Qualify After an Accident?

The reason why it is such a good idea to make this distinction is that, if you are an independent contractor, you will probably not be considered for workers’ compensation benefits. This is due to the fact that, when you are a contractor, you have significant freedoms and the ability to leave the job at any point. You are usually only working on certain projects, which means that you are not treated the same way as employees, which also means that you will not receive the same benefits as them.

Perhaps you didn’t know that you were classified as an independent contractor when you started your job. Maybe you received a workers’ comp denial and now you are confused because you had a conversation with your boss that you would be a long-term employee. We see many cases where employees are misclassified so that employers won’t have to pay workers’ comp for those employees. There are many ways to fight a denial in your time of need and get the benefits that you deserve. At the Nye Law Group, we want to help you receive the compensation you deserve in your time of need. Please call us as soon as possible to speak with us about your case at 855-636-9277.

 

 

 

 

 

Sources:

https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee

https://www.disabilitysecrets.com/workmans-comp-question-22.html

https://thenyelawgroup.com/

How To Prove Pain And Suffering in Your Personal Injury Claim

Posted on by productionnye

In Savannah, Georgia, we understand how a car accident can have a huge emotional and physical impact on your life. How do you show that you have suffered emotionally due to a catastrophic accident and the effect that it had on your life? Many people going through an injury claim understand that proving pain and suffering can be one of the most difficult tasks they will have to endure. This is because it is easy to see physical injuries on the surface most of the time, but emotional injuries cannot easily be seen. Today we will talk about how you can prove pain and suffering, and the amount you may receive as calculated by the courts.

When You Can Be Compensated For Pain and Suffering

accident lawyer When the other party was clearly at fault for your accident, you may be able to compensate for an aspect like pain and suffering. Insurance companies tend to understand that you have dealt with vast amounts of pain and emotional turmoil due to your accident, but that they should not give you a vast amount for your injuries. This is why you may find that you are offered a very low amount of compensation, which is why you should have an attorney on your side to help you gain all the compensation you actually deserve.

But how do you prove pain and suffering in your personal injury case? Here are the 5 most common ways to prove your suffering:

  • Intensity: If your mental anguish is on an intense level, you have a higher chance of being successful in your claim. This can be shown through medical documentation if you are seeing a doctor for your emotional and physical injuries.
  • Duration: If your pain or emotional distress stays with you for a long time, such as in cases of PTSD, you have a good chance of compensating for your losses.
  • Bodily Harm: You may be able to provide evidence of aspects like ulcers, headaches, and more that are commonly related to stress after an accident.
  • Cause: If the underlying cause of stress was extreme, you have a good chance of recovering for pain and suffering. For instance, in a minor rear-end accident, you may not have lasting pain and suffering. But what if you were involved in an accident where your vehicle flipped multiple times and you were in a coma for a week? You are likely to suffer emotionally due to this.
  • Doctor’s Note: Notes by doctors and psychologists can be wonderful sources of documentation in your case when you are trying to be successful in your claim.

The courts utilize many ways to calculate pain and suffering in a claim. For instance, they may use a method where you multiply the total medical bills related to the accident by a specific number depending on the severity of the injuries. This will help them conclude how much you deserve in pain and suffering. The ‘per diem method’ uses a formula based on the daily suffering you experience, or the court could choose to implement a generalized cost.

Speak to an Attorney Today

At the Nye Law Group, we want to help you when you have experienced serious injuries. These injuries can have lasting effects on the rest of your life. Have you suffered serious injuries and, as a result, you want to compensate for pain and suffering? We can help in your time of need. Call us as soon as possible following your accident at 855-636-9277.

 

 

 

Sources:

https://www.dmv.org/insurance/pain-and-suffering-in-personal-injury-claims.php

https://thenyelawgroup.com/

Asbestos Exposure in the Construction Industry: An FAQ

Posted on by productionnye

When you have been exposed to asbestos in the workplace for extended periods of time, you could receive a rare form of cancer known as Mesothelioma as well as a large array of other health issues. If you are suffering from health issues due to asbestos exposure, you may wonder where to turn for the help you need. In our streamlined FAQ, we will answer all of your asbestos-related questions, as well as ones you may not have even thought to ask.

Asbestos Exposure FAQ

Asbestos disability lawyerWhat is asbestos and what dangers are associated with it? Asbestos is not just one thing – it is a group of fibrous materials that are resistant to heat, chemicals, and more. If you work in the construction industry, you are probably familiar with asbestos because it is found in certain products like fireproofing, pipe insulation, floor tiles, and more. There are many dangers related to asbestos that we didn’t immediately know about many, many years ago.

When a person inhales or ingests these particles, they can very easily embed themselves into the tissues of your respiratory and digestive systems. This could lead to disabling conditions like asbestosis, lung cancer, mesothelioma, gastrointestinal cancer, and more. Unfortunately, in many cases, you may not know that you have been exposed for many years down the line.

Are there regulations in place regarding asbestos? Yes, currently there are. 40 CFR Part 61 Subpart M of the National Emission Standards for Hazardous Air Pollution Act applies to exposure in buildings that are being demolished or renovated. An asbestos inspector is able to determine the presence of the fibers. This is especially vital because it can protect construction workers in years to come.

What are symptoms to watch out for? As there are several different diseases, there are several symptoms to watch out for if you believe you have been exposed to asbestos in the workplace. For instance, symptoms of lung cancer could include a chronic cough, shortness of breath, headaches, chest pain, and more. Symptoms of mesothelioma might include pain, swelling, and unusual lumps in affected areas. The symptoms of asbestosis include chest pain, coughing, unexplained weight loss, and more. Many of these diseases are incurable.

Will I receive compensation for my illness? If you have been affected by asbestos in the workplace and have fallen ill due to exposure, you could have a case for compensation. The strength of your will determine how you will be compensated, such as your official diagnosis, the degree of fault by another party, your medical history, proof that you have lost wages, and so much more. The settlement numbers on these cases can be quite high due to the impact asbestos can leave on your life as you struggle with the disease.

Must I file in a certain amount of time? It does help to get started on your case as soon as possible. There is a statute of limitations on all injury claims in each state. The clock starts to tick on your claim when you discover that you are suffering from a related disease. Since many people don’t first see symptoms of their diseases related to asbestos exposure until decades into the future, this is usually when you will be required to file. When you have received a diagnosis, it is time to look into your claim.

At the Nye Law Group, we take your claim very seriously and want to help you receive the compensation you deserve in your time of need. We understand that the effects of asbestos-related diseases can be extremely devastating and we are here for you in your time of need. Call us today to get started on your case at 855-636-9277.

 

 

 

Sources:

https://www.osha.gov/Publications/OSHA3096/3096.html

https://www.asbestosnetwork.com/Worker-Safety/Asbestos-In-Public-Places/

https://thenyelawgroup.com

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402 West Trade Street,
Suite 112
Charlotte, NC

704-285-6319 get directions

119 Southern Boulevard, Savannah, GA 31405

912-200-5230 get directions
View all locations
CONTACT US

NO PRESSURE. SPEAK TO AN ATTORNEY. NO HIDDEN FEES.

* All Fields Required

Or Call 912-200-5230

CONTACT US NO PRESSURE. SPEAK TO AN ATTORNEY. NO HIDDEN FEES.

Call 912-200-5230