Paul B. Weitz & Associates, PCPaul B. Weitz & Associates, PC2024-03-18T16:52:44Zhttps://www.weitzkleinick.com/feed/atom/WordPress/wp-content/uploads/sites/1303209/2022/12/cropped-PaulBWeitz-site-icon-32x32.pngOn Behalf of Paul B. Weitz & Associates, PChttps://www.weitzkleinick.com/?p=511382024-02-28T05:17:37Z2024-03-04T05:17:20ZTravel by bus is one of the most inexpensive ways that people can get around – but bus accidents also have the potential to be far more devastating to passengers than many other accidents.
According to research, there are roughly 15,000 bus accidents in this nation every year, and nearly half of them (47%) result in injuries. Here’s why:
1. Their size and mass make every crash more intense
Buses are way heavier and bigger than most other motor vehicles, so they exert a lot more force in a wreck than passenger cars, SUVs and even smaller delivery trucks. The stronger the force of a collision, the worse the injuries to those involved are likely to be.
2. They aren’t always equipped with many safety features
There have long been debates on the issues, but bus passengers are generally not required to wear seat belts – and many buses don’t even have them. In the absence of proper safety restraints, passengers can get tossed around inside the bus pretty hard, which further contributes to the chance of serious injuries.
3. They have a bad habit of rolling over
Buses have a higher center of gravity compared to smaller vehicles with lower profiles, making them highly susceptible to rollover accidents – and these can be particularly deadly. In a rollover, the bus ends up with multiple points of impact, which only increases the vulnerability of passengers. In some rollover wrecks, passengers have even been thrown outside the vehicle as it turns over.If you have been injured in a bus crash, you may be facing a long, difficult recovery period – and that can affect your financial stability in numerous ways. Learning more about your legal options can help you find some relief. ]]>On Behalf of Paul B. Weitz & Associates, PChttps://www.weitzkleinick.com/?p=511352024-02-20T05:33:56Z2024-02-23T05:33:42ZFamilies need to look at the big picture
Some people employ an overly-simplistic approach to the calculation of lost wages. They look at how long someone would have worked until they were eligible to retire and then multiply that by their current salary. There are many issues with using that simple of a calculation.
The first is that many workers secure promotions later in their careers. Those promotions can come with a massive increase in overall wages. Workers also usually receive cost-of-living wage increases annually or every few years even if they don't pursue career advancement opportunities.
Additionally, families need to consider the current and future value of employment benefits. Employers provide paid leave, insurance coverage and possibly even performance-based bonuses that can significantly augment someone's base pay rate. Considering current benefits and future eligibility for better benefit packages is important, as is factoring in the possibility of promotions and raises in the future.
Many families find estimating the economic impact of someone's death to be prohibitively difficult. Thankfully, lawyers can help with that process. Discussing someone's career and untimely death with a legal team, therefore, can lead to a more reasonable estimate of the financial impact of their untimely passing on their family.]]>On Behalf of Paul B. Weitz & Associates, PChttps://www.weitzkleinick.com/?p=511322024-02-16T05:01:30Z2024-02-21T05:01:17Zbring a birth injury claim against a hospital rather than (or in addition to) a healthcare professional? The following are two of the most common scenarios in which a facility may be held responsible for harm that occurs before or during childbirth.
The facility was understaffed
There is no doubt that there are not enough qualified healthcare professionals to go around. But while this is a major contributor to hospital understaffing, it is not uncommon for some facilities to want to cut costs by intentionally keeping their workforce lean.
Under-supported doctors, surgeons and midwives suffering due to understaffing are prone to exhaustion, and this can lead to preventable errors while on the job. If you can show that a hospital was understaffed and that the healthcare professionals who attended to you were exhausted and, thus, unable to provide an acceptable standard of care leading to your child’s injuries, then you can potentially sue the facility for damages.
The facility hired or retained unqualified staff
An unqualified and, thus, incompetent healthcare provider is a serious threat to patients under their care. These providers can make serious mistakes that can leave either a mother and/or their child with life-altering injuries. If you have evidence that the facility intentionally hired or retained the services of an unqualified worker, then you may be in a position to file a strong claim against it.
Protecting your rights
A birth injury can turn a joyous moment into a source of pain and suffering. Know that you don’t have to weather this kind of challenge alone. Find out how proper legal counsel can help you preserve your rights when pursuing justice for your child.]]>On Behalf of Paul B. Weitz & Associates, PChttps://www.weitzkleinick.com/?p=511282024-01-31T05:48:37Z2024-02-05T05:48:20ZTrain derailments are a daily occurrence
Countless things can go wrong with a train, including the possibility that it might come off the tracks. Train derailments occasionally make the news when they involve passenger trains or trains hauling dangerous materials.
Most train derailments don't produce any major injuries and therefore do not warrant mainstream media attention. They occur much more frequently than people realize. A review of federal train incident data indicates that there are approximately three derailments per day.
A derailment could lead to injury for anyone on the train at the time of the incident, as well as anyone nearby. Those hurt while utilizing mass transit may have options for pursuing compensation for their property damage and injury losses. Realizing that certain safety incidents are common and predictable may help people feel more comfortable about the pursuit of compensation after an incident.]]>On Behalf of Paul B. Weitz & Associates, PChttps://www.weitzkleinick.com/?p=511242024-01-23T09:10:38Z2024-01-26T09:10:19ZIt’s undeniable that any worker – who operates in any industry – is exposed to the risk that they could be hurt while engaging in employment-related activity. Yet, it is also undeniable that some workers are more likely to suffer work-related harm than others.
One of the general demographic groups that is more likely to suffer work-related harm on construction sites, for example, is older workers. Whether it involves falls from scaffolding or machinery-related crush scenarios, older workers are disproportionately affected by acute and chronic injuries alike on construction jobs.
New safety-related resources are available
Because this age group gets hurt so frequently, the Center for Construction Research and Training has understandably perceived that there is a need for tailored resources that address their unique circumstances. The organization has, therefore, created an Aging Workers Data Dashboard to serve as a streamlined resource for older construction workers who are both hoping to prevent work-related harm and for those who have suffered harm and are trying to forge a path forward. This new dashboard offers supportive programs, hazard assessments and primary prevention tools that address a variety of different subjects. Some of the core information concerns:
Safety climate
Fall prevention and protection concerns
Site management
Promotion of health and wellness
Lighting and noise matters
Materials handling
The dashboard also features links to relevant agencies and legal standards related to workplace safety and age-related concerns unique to this demographic.
Where resources fall short
This new dashboard is an achievement worth celebrating. Any efforts that acknowledge the hazards that older construction workers face increase awareness. Yet, this dashboard is primarily for workers themselves to utilize. And, ultimately, it is the responsibility of employers, manufacturers and other interested parties to provide safe products and safe environments in the first place. Yes, it is important for workers to remain informed about their rights and about information that can help to keep them safe. However, what is most critical are influences that are largely out of the hands of workers themselves. This is one of the many reasons why it’s so important for older construction workers to not only access resources for their benefit in a proactive way, it is important for them to understand that they have rights and options under the law if they’re hurt in a construction accident.]]>On Behalf of Paul B. Weitz & Associates, PChttps://www.weitzkleinick.com/?p=511212024-01-17T07:37:25Z2024-01-22T07:37:01ZOff-labeled prescriptions can be safe
Drug companies have to pay for studies that show both the safety and overall efficacy of a new medication. It needs to perform better than a placebo in a clinical trial to gain approval as a useful form of treatment. Generally, the company also needs to make disclosures about any side effects noted during clinical trials.
Given how much it costs to conduct clinical trials, pharmaceutical companies often only seek approval for one specific medical purpose when testing a drug. Doctors may then prescribe that drug for a host of different medical conditions, as there is an assumption that the medication is generally safe.
There are limits to off-label prescriptions
Medications may have contraindications for people with certain underlying medical conditions or known allergies. They also sometimes have known interactions with other drugs. A physician prescribing a medication off-label to a patient should first validate that it is safe and appropriate for them to do so. The failure to ensure that prescribing a certain medication is reasonably safe for a patient could be medical malpractice even though off-label prescribing is not inherently medical malpractice.
Showing that another medical professional would have handled the situation differently could help someone develop a medical malpractice claim after a potential prescription medication error.]]>On Behalf of Paul B. Weitz & Associates, PChttps://www.weitzkleinick.com/?p=511132024-01-04T04:49:29Z2024-01-10T04:49:06ZSuspecting that someone who treated you made an error is not enough reason to bring a claim against them. Because medical professionals are so essential to a functioning society, the law places strict limits on when you can claim against them. The burden of proof you’ll need to show is much higher than in something like a car crash claim.
Your case will rest upon your ability to prove that four things were true. Some call them the 4 Ds:
Duty
You need to ensure you are claiming against the appropriate person or medical establishment. Often, it is straightforward, but sometimes doctors or medical centers may argue they were not the ones with the duty of care toward you at that particular moment in time.
Dereliction
You must show the professional was negligent or deviated from the standard of care expected of someone in their position. What exactly that standard of care was will be determined by gathering the opinions of other medical professionals with appropriate knowledge and standing.
Damages
You’ll need to demonstrate what harm they did to you. Typically, it needs to be something major, not something that will quickly resolve itself.
Direct cause
You know that going to the treatment you received did not improve things for you, but that does not necessarily mean it made it worse. Any harm you suffered could potentially have been a coincidence. You’ll need to prove it was not and that whatever the medical professionals did (or did not do) was to blame for the harm you suffered.If you believe you have a case, it’s important to learn more about how a claim could work and how likely you are to succeed.]]>On Behalf of Paul B. Weitz & Associates, PChttps://www.weitzkleinick.com/?p=511122023-12-21T07:00:52Z2023-12-26T07:00:11ZExposure to the elements
Being outside during freezing weather is dangerous all on its own. People can develop frostbite and other exposure-related medical conditions. In severe cases, lengthy exposure to cold temperatures and strong winds could lead to nerve damage and sometimes even amputation. Workers need to have proper gear to keep themselves warm and also warming stations that protect them from the elements. Their employers should let them take breaks as necessary to protect their overall body temperature and their extremities.
Falling ice
Tall buildings in New York tend to accumulate unsafe amounts of ice and snow far above street level. Then, when the wind picks up for temperatures increase, that ice might fall suddenly, leading to injuries for anyone below. Construction workers are at risk of having frozen precipitation fall on them from above, which could lead to severe injuries or death.
Slip-and-falls
With colder weather comes freezing precipitation and the elevated risk of a slip-and-fall. Particularly when construction workers do their jobs at significant elevations, a strong gust of wind combined with a slippery surface could be a recipe for severe injury or death. Falls are a safety concern throughout the year, but winter weather may increase the likelihood that a worker will slip and then fall or possibly drop something in their attempt to avoid falling.
Workers who are aware of how safety risks change during the winter months, know what accommodations to request from employers and when to speak up about their concerns can navigate the colder months more safely and effectively. With that said, even the most safety-conscious worker can get hurt on the job. Filing a workers' compensation claim after a winter weather incident on a construction site could help a worker recover and support themselves until they can return to work.]]>On Behalf of Paul B. Weitz & Associates, PChttps://www.weitzkleinick.com/?p=511102023-12-20T06:30:03Z2023-12-25T06:29:26ZA misdiagnosis can be highly detrimental in a hospital setting. Someone may be having an emergency, such as a heart attack. If a doctor tells them that they’re just suffering from heartburn and sends them home, that person won’t get the emergency care they need and the heart attack could progress until they pass away.
But what causes the doctor to make this diagnosis? There are many potential reasons – distraction, lack of training, miscommunication, etc – but it’s interesting to note that one of them may be your gender. To continue with the hypothetical example above of a heart attack, studies find that doctors misdiagnose female heart attacks much more often than male heart attacks. Women are certainly still at risk of suffering from heart attacks, and that risk may actually be greater because they often don’t get the medical care that they need.
Why does this happen?
The issue is that medical events do not impact people the same way in all cases. But a doctor who doesn’t pay attention to that specific case could overlook key symptoms.For example, while men will often reference crushing chest pain or an inability to breathe while having a heart attack, women may not. They may mention things like back pain, jaw pain, heartburn or feeling dizzy. They may suffer from nausea or general discomfort. They could feel lightheaded and fatigued.When a doctor sees these symptoms, they may not even think of a heart attack if they are only looking for chest pain. They would diagnose that heart attack quickly with a male patient who presented the expected symptoms, but they could make a misdiagnosis with a female patient. Those who have suffered harm – or lost a loved one – due to these types of mistakes made by medical professionals need to know how they can seek financial compensation.]]>On Behalf of Paul B. Weitz & Associates, PChttps://www.weitzkleinick.com/?p=511092023-12-07T11:05:03Z2023-12-12T11:04:46Zaren’t visible right away, and their symptoms may take days or even weeks to manifest.
Unfortunately, some people involved in auto accidents may skip going to the hospital altogether if they don’t notice any immediate symptoms. However, seeking medical attention after an accident is crucial, even if you feel fine. Leave it up to medical professionals to determine if you escaped the accident unscathed. In the meantime, you should familiarize yourself with signs of nerve damage in case you start developing the following symptoms and need to seek follow-up care.
Difficulty speaking
After a car crash, difficulty speaking may emerge as a subtle yet significant sign of nerve damage. This can manifest as slurred speech, hesitation or difficulty finding the right words. It’s imperative to pay attention to any changes in your ability to communicate effectively, as this may indicate underlying nerve issues.
Tingling sensation in extremities
One of the more common signs of nerve damage post-auto accident is a tingling sensation in your extremities. This could include your hands, feet, fingers or toes. The tingling may be intermittent or persistent, and any such sensation warrants a thorough examination by medical professionals.
These signs are crucial indicators of nerve damage that should never be ignored. Your health is paramount, and seeking timely medical attention can make a world of difference to your recovery.]]>