What PIP typically Covers

According to West Palm Beach PIP attorneys, Florida state law requires motorists to carry a minimum of $10,000 “PIP” insurance coverage, allowing for them to receive medical treatment coverage after an auto accident, regardless of who was at fault for the accident. However, the law makes it unfortunately easy for insurance companies to deny claims, leaving hospitals, doctors, and other medical providers without the ability to recover compensation for the cost of treatment performed.

The Department of Motor Vehicles often refers Personal injury protection (PIP) coverage as “no-fault car insurance,” as it is the most commonly required insurance coverage among no-fault states. By 2012, only 12 states have remained recognizing the no-fault system. Nine of these states require the no-fault system among their drivers; these include Utah, North Dakota, New York, Minnesota, Michigan, Massachusetts, Kansas, Hawaii and Florida. The other three, Kentucky, New Jersey and Pennsylvania, allow their drivers to choose between the no-fault or the usual liability car insurance coverage.

States that require no-fault car insurance, or personal injury protection (PIP) coverage, do so to protect drivers from delayed payout for personal injury claims, and to lower the amount of lawsuits related to traffic accidents. Though this no-fault insurance limits a policyholder’s right to sue, he or she can still sue if one of the following applies:

  • Serious death or injury occurred.
  • Damages reached or exceeded a set threshold.

Your state of residence will define what PIP should cover, but typically, this should cover the following for you and your passengers after an accident:

  • Medical expenses.
  • Lost wages due to injury.
  • Funeral expenses.

Many times, however, insurance firms are reluctant to compensate claimants. They look for ways to deny, underpay, or delay payment on a claim, leaving victims, hospitals, doctors, or other medical providers not knowing where to turn for help. This is an unfair practice of insurance providers – you owe it to yourself not to let them get away with this unfair and unjust practice.

 

 

Trucking Company Negligence and Accidents

When truck accidents happen, it is easy to put the blame on the truck drivers. After all, they are the ones controlling the trucks, and they should take extra care in doing so because of the fact that trucks can cause more dangerous accidents compared to other vehicles.

But you should not be too quick to judge. According to the website of these truck accident lawyers, the company that hired the driver and other parties can be partially at fault, so they may also be held accountable.

Abusive Trucking Hours

One instance where a party other than the driver can be held liable is when the trucking company has been known to abuse its drivers. Drivers can be abused by giving them unrealistic delivery quotas and forcing them to work in longer hours. The drivers may end up relying on reckless or negligent driving behaviors just to meet expectations. So, in a way, the driver is not the only one to blame when an accident occurs, because it can be argued that the driver will not rely on these behaviors in the first place if the employer is not abusive.

Negligent Hiring Processes

The website of Ravid & Associates, P.C. has enumerated various ways on how a trucking company can be negligent, and one of them is negligent hiring. When you think about it, this is understandable. Trucking companies should be responsible enough to screen and filter driver applications in a way that removes those who have driving offense records, for obvious safety reasons.

If it has been proven that they have failed to use the proper procedures in their hiring process, they may be held accountable for accidents.

Unsafe Trucking Practices

Trucks are some of the biggest and heaviest vehicles on the road, so it is important to ensure that they are not going to be involved in accidents. Having safe trucking practices helps here. Trucking companies should enforce proper inspection of trucks before use, regular maintenance of trucks and their parts to prevent defects, and avoid reckless practices like overloading.

Common Problems in Nursing Homes

Common Problems in Nursing Homes

Nursing homes are supposed to be places where your loved ones will get the medical attention he or she needs, and he or she will get it in a dignified manner. These two aspects are what make nursing homes viable options for care, but there are instances where at least one of these aspects are compromised.
Patients or residents may not get the adequate attention they need, or they may be getting it but not in a way that can be called dignified. According to the website of Habush Habush & Rottier S.C. ®, nursing home problems may come in many forms, and these problems can have negative effects, such as physical injuries, medical complications, and even wrongful deaths.

Abuse

Abuse occurs when someone incidentally does something to harm your loved one in any way. That someone can be another patient, but usually it is the nursing home staff that abuse patients. Abuse may come in many forms, as it can be physical, emotional, psychological, sexual, and even financial.
Your loved one may be physically or mentally limited to say to you what is going on, so you should be assertive in knowing these things on your own. You can look at the signs that may mean your loved one is experiencing some form of abuse, such as the following:

  • Sudden changes in behavior, especially in the presence of a specific patient or staff
  • Unexplained bruises and wounds, particularly in body parts that are usually restrained, like wrists
  • Unexplained complications, such as sexually transmitted diseases, difficulty in sitting, standing and walking, and urinary infections

Neglect

Neglect happens when your loved one is not receiving the adequate attention he or she needs. Like abuse, your loved one may be too limited to explain to you his or her situation, so you should be the one to look for the signs, such as the following:

  • Dryness of skin and mouth
  • Hygiene problems, such as body odor, filthy hair, and soiled clothing
  • Rise of new medical conditions or worsening of existing ones
  • Unexplained weight loss

The website of Ravid and Associates says that the victims of nursing home negligence may have legal options, such as making the responsible party financially liable for the damages. But it is better to avoid nursing home problems, and you can do this by checking the nursing home’s facilities and its staff’s competence first before entrusting your loved one into its hands.

Making the best of a car accident

Few drivers can boast that they have never been in a car accident. Whether it’s a simple rear ending or a more serious head on collision, motor vehicle impacts can feel like a reality of the road if you have been driving for a significant portion of your life. In 2015, the Texas Department of Transportation reported that 37 billion dollars was lost as a result of motor vehicle accidents.

According to the Fort Worth car accident attorneys of Benton Law Firm, speeding, driver distraction, failure to drive in a single lane, driving under the influence, and driving under the speed limit are several of the top contributing factors for serious accidents. Whether you have been personally affected or have a loved one that has been affected, it is crucial in the immediate aftermath of any vehicular incident to follow certain steps in order to protect yourself.

To protect yourself legally, the name of the game is gathering info. Begin with the license and insurance information of all drivers involved, then move on to taking pictures of the damage to all vehicles involved. These details may seem frivolous, but insurance will require an enormous level of detail when doing their job. Even the smallest facts such as time of day and road conditions could prove essential in getting you the insurance outcome you deserve.

To protect yourself physically, preparation begins before you ever hit the road. All drivers should carry an emergency kit in their glove compartment. These kits should include road flares, bandages, and gloves among other safety items.

Many drivers are in shock after an accident. Shock is a medical condition caused by low blood pressure, and symptoms can include dizziness, confusion, pale skin, and sweating.

Insys Therapeutics, Inc., Illegally Marketing Subsys for Off-label Use

From January to June of 2015, after being in the market for only three years, Subsys has already earned for Insys Therapeutics, Inc., $147.2 million. Up until now, this drug continues to be one of the biggest selling opioid (narcotic) pain medicines in the United States.

Subsys, a federally controlled substance (CII), is the first and only sublingual prescription pain medication that contains fentanyl (fentanyl is an opioid agonist Schedule II controlled substance that is 80 to 100 times more powerful than morphin). Subsys has been approved by the U.S. Food and Drug Administration as treatment for breakthrough pain in adult cancer patients who have become opioid tolerant (these are people, whose long term treatment with opioid has resulted to tolerance with this addictive pain medicine).

Like any other fentanyl-containing medication, Subsys has side-effects which include nausea, vomiting, somnolence, constipation,respiratory depression (which can lead to apnea),circulatory depression, hypotension, shock, slow heart rate, feeling like passing out, loss of appetite, dizziness, worsening tiredness or weakness, and fatal breathing problems.

Though Subsys is intended only for opioid tolerant patients, a study by Symphony Health found out that it has often been prescribed by dentists, neurologists and even podiatrists – those who should have nothing to do with the drug. Despite this off-label use of Subsys due to doctors’ recommendations, it cannot be legally stopped since marketing a drug for off-label use is only prohibited of drugmakers.

With more than 200 deaths (due to adverse effects linked to Subsys) reported to the FDA’s Adverse Events Reporting System, however, this drug may be availed only after registering with the Transmucosal Immediate-Release Fentanyl (TIRF) Risk Evaluation and Mitigation Strategy (REMS) Access program.

According to a Subsys spray lawsuit attorney of Williams Kherkher, reports have found that the drug’s manufacturer, Insys Therapeutics, has encouraged doctors to prescribe Subsys oral spray to patients who do not really need it. These prescriptions are issued despite the risk of death associated with the drug, which is directly written on its label. There have even been instances where the company helped patients who had no signs of cancer falsify cancer diagnoses in order to receive Subsys and thereby increase its sales.

Subsys oral sprays should never be prescribed to patients who do not have terminal cancer. Having a member of a family being hospitalized after being given Subsys oral spray for a non-cancerous condition, the victim’s family members may be able to hold the drug’s manufacturer accountable for whatever damages they may suffer.

Liability or Comprehensive Insurance : Which One Is Better?

If you are driving in the United States, having car insurance will truly be heaven sent. Paying for damage that you will incur from your own pocket can be quite expensive. On the other hand, a car insurance can save you a great deal on accident-related expenses. When shopping for a provider for your insurance, one important decision you have to make is whether to choose liability or comprehensive car insurance. Both have their own pros and cons so it is up to you to determine which is truly right for you. This article will help you make a better decision for your coverage.

According to the website of Habush Habush & Rottier S.C. ®, choosing between liability or insurance coverage will boil down to type of accident being covered and the budget of the policy holder. Before determining which is the better feature, it is worth taking a look at what each type of insurance covers as well as the cost. Liability coverage does not pay for any damage to your vehicle during an accident. However, it does provide coverage for other vehicles that you are legally required to pay for. It is the bare bone auto coverage that provides protection to other people and their properties in case of accident.

On the other hand, comprehensive coverage pays for damages done on other vehicles as well as yours. The damage may not just be from traffic as well as from natural resources. For instance, if your car is damaged from a storm, you can pay for the costs with a comprehensive insurance. Your policy will provide coverage for theft, fire, vandalism, and extreme weather conditions. Comprehensive insurance comes with a deductible, which needs to be paid out of the pocket.

As to which offers the better coverage? There is no definite answer because it will depend on the circumstance. Liability is more advantageous in some cases and comprehensive is most suitable in other cases.

For cars that have been completely totaled, it would be unlikely that you will pay the remaining balance from your own pocket which makes liability insurance the best option. What about if you have an old car that has been completely paid? Liability insurance is the best alternative again.

On the other hand, comprehensive insurance is the better alternative when you still owe a huge sum of money on your current car and when you sum it all up, you will still pay for that money and need cash to acquire another car. In cases when you do not have sufficient emergency funds or cash reserves to make a simple purchase in a short period of time, you may need the help of comprehensive insurance to do that.

So when making a choice between liability and comprehensive insurance, it will all boil down to the kind of driver you are and your budget.

Rollover Accidents

For those who have a sports utility vehicle (SUV) or light truck, you must be aware by now that you have an increased risk of becoming involved in single-vehicle rollover accidents than someone in a car. Your own life can change forever, if not in a good way. It is still something you want to prevent, even if you effectively sue for compensation for the medical and financial deficits. You’re stuck with an SUV or light truck and while regrets may come too late in the day, it’s still possible to prevent becoming a statistic by observing these precautions.

Regularly Inspect Tires
One trigger of rollovers is when a tire blows out because it is either worn or over-inflated. You can keep this from happening by assessing the tire pressure occasionally and just examining to see when the wheels are in reasonably good shape. For no reason, a defective tire may blow out in a few cases, so verify in case your wheels are among these with flaws.

Buckle Up
Studies all agree that wearing a seatbelt is a significant factor determining the survival rate of anybody involved in a vehicular mishap, but especially in rollover accidents. More than three-fourths of folks who perished in a roll-over injury are not wearing one during the collision.

Keep a watch on your own Speedometer
Many rollover injuries happen when driving faster than the speed limit allows, and speeds that are higher generally result in much more serious injuries. Maintain a light foot on the gas and you will be fine.

Non-urban Roads Caveat
Many rollover accidents involve single- vehicles and can occur on long expanses of rural roads, where the posted speed limit is at least or above 55 miles per hour and there aren’t any obstacles. Be cautious should you regularly travel in your sports utility vehicle along roads.

Maintain Your Weight within Safety Limitations
The threat of rollovers increases in SUVs and light vans if it is overloaded, therefore, avoid overloading the car. Load evaluations are usually indicated in the owner’s manual of your vehicle, and it would be advisable to keep heavy loads as near as you can to the vehicle’s center.

Tire Defects

Your tires are the only part of your vehicle that has contact with the rough and often bumpy road. Because of this, they are critical to the safety of your vehicle. Unfortunately, sometimes manufacturers or repair men make mistakes, and defective tires are the result. According to the website of Pohl and Berk LLP, there are three main types of tire defects: tread separation, expired tires, and conicity. Tire defects can cause blow outs, roll overs, and accidents that all can result in very serious injuries to those involved, but thankfully, there are a few signs of each defect that you can watch out for.

Tread separation happens when the outer most layer of your tire comes off of the rest of the tire. The tread of the tire is incredibly important, as it is the portion that maintains grip on the road. Without proper grip, you will not be able to maintain good control over your vehicle. Tread separation can be caused by the manufacturer improperly sealing the layers of your tires together, or if a hole was not plugged properly. Some early signs of tread separation include bumps or blisters on your tires, slight to severe vibration while driving, side wall cracks, and uneven or thin tread.

Tires have an expiration date just like food and medicine, although most people do not check their tires for this. Some companies that sell tires do not check for this either, and leave tires for sale on the shelves for much longer than they should. An expired tire can blow out suddenly and without warning, causing accidents or rollovers. To check your tires for their expiration date, you just have to look for a long number that is printed on your tire walls. The last four numbers stand for the week of the year and the year that the tire was manufactured. Generally, tires expire approximately six years after they are made.

Conicity is when tires have slightly angled edges, or hold more of a cone shape rather than a cylinder. This happens when the tires are manufactured and parts of the layers are not centered properly. What results is a tire that will always pull in one direction or the other. The pull can be minor to severe, and even if it doesn’t cause accident or injury, it can cause difficult driving conditions. You may be able to see the altered shape, or you may not. If your car is pulling one way or the other immediately after getting new tires, it is a good idea to have them checked for conicity.

Reducing the Risk of PCB Exposure

While polychlorinated biphenyls or PCBs have long been banned by the United States federal government, traces remain in the surroundings almost four decades since. In 1979, the government, through the Environmental Protection Agency, concluded that PCBs have been causing considerable harm to ecological balance and human health. However, by that time, it was already too late. PCBs—solely produced by the chemical industry giant Monsanto since the 1930s—have already contaminated several areas in America.

Unfortunately, Monsanto PCBs have contaminated a number water sources and brought significant damage to wildlife calling these creeks, lakes, and oceans their home. Today, these damages continue to be felt. Several states have made sure to advise residents to avoid swimming or fishing in highly contaminated areas like Snow Creek in Anniston, Alabama. According to the Agency for Toxic Substances and Disease Registry, these advisories allow residents to know which type of local fish is safe to consume and offer restrictions and recommendations on how to cook and prepare such food. These advisories are especially crucial considering that consuming PCB contaminated fish can be particularly harmful for pregnant women, nursing mothers, and younger children. People living near water sources that are known to be contaminated by PCBs should take these advisories seriously and follow recommendations imposed by their local governments.

Individuals can also be exposed to PCBs through older models of appliances, electrical equipment, and construction materials. Workers in construction and maintenance are the most susceptible to this type of exposure. Thankfully, certain workplace standards have been put into place to ensure that these workers don’t suffer from the risk of PCB exposure. The Occupational Safety and Health Administration have made several regulatory policies and recommendations in this regard. In particular, they instilled time limitations that will keep workers safe from the effects of prolonged exposure.

The Role of Driver Error and Negligence in Truck Accidents

The Insurance Institute for Highway Safety (IIHS) recorded a total number of 3,062 large truck accidents for the year 2013. These reported accidents were found to have killed about 570 truck operators and 2,400 more individuals inside smaller vehicles. About 540 pedestrians, bicyclists, and motorcyclist were also recorded to have died in these accidents.

It’s easy to see why truck accidents can cause such notable number of fatalities in a single year. On the road, trucks easily outclass the other vehicles in its surroundings. Trucks typically weigh 20 to 30 times more than regular passenger cars. Any collision between a truck and a car can result significant impact and damage, particularly for those riding in the smaller vehicle.

The only way such outcomes can be prevented is by keeping truck operators accountable for the vehicle they are driving. Reckless and negligent behavior need to be addressed and mitigated immediately in order to avoid future accidents. After all, as noted by an experienced Atlanta truck accident attorney from The Ausband Law Firm, truck driver error and negligence is one of the most common causes for catastrophic accidents to occur. In particular, these accidents are often characterized by the following oversights:

  • Failure to provide proper signal when making turns
  • Failure to pay attention to blind spots or no-zones
  • Driving aggressively or recklessly
  • Driving with overweight load
  • Driving during inclement weather conditions

Because of the nature of such vehicles, driving a truck requires a skill set that is far more specific and precise. Trucks are notoriously hard to control and operate. For example, given their weight, trucks required a longer distance before coming to a full stop. The size of trucks also makes drivers vulnerable to blind spots, making it difficult to see surrounding vehicles. Because of these reasons, drivers will need specialized training before they can start hitting the road. In case an accident does occur, trucking companies should be held equally accountable for ensuring that their employees are fit to operate such a specialized vehicle.