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.