Personal Injury
We have extensive experience handling personal injury cases of all kinds. If you have been injured, you likely have questions. We know that an injury can quickly turn your life upside down. You are in pain, can’t work, enjoy time with your family, or handle everyday activities. Whether you were hurt in an automobile accident, on dangerous property, by a defective drug or product, by a physician, or at work, we can help explain the legal process to you.
What is Personal Injury?
What is Product Liability?
What is Negligence?
What is an Intentional Tort?
What is Strict or Absolute Liability?
What is Personal Injury?
The modern phrase we’re all familiar with is “personal injury,” but it’s also known as “tort,” the French word for “wrong.” Personal injury, or tort law, is intended to compensate for carelessness, recklessness or intentional misconduct, which causes physical injuries or damage to personal property. The most common types of personal injury claims are:
- Lead Paint Poisoning
- Pharmaceutical Injuries
- Workers’ Compensation
- Defective Medical Devices
- Auto Accidents
- Slip and Fall Accidents/Premises Liability
There are several theories of liability including:
- Negligence
- Intentional torts
- Strict or absolute liability torts
What is Product Liability?
Product Liability claims may be filed if you are injured by a consumer product, such as an ATV or defective brakes, or a medical device. We will fight for you and your loved ones if you have been defrauded or negatively affected by a product or company. You or a loved one may be entitled to compensation for, among others:
- Past and future medical expenses
- Physical pain and suffering
- Mental distress
- Lost wages or loss of earning capacity
- Punitive damages for gross conduct
We are currently investigating the following cases:
Bronchiolitis Obliterans (Popcorn Lung)
DePuy Hip Replacement
Smith & Nephew Oxinium Cementless Knee Replacement
Zimmer Durom Cup Hip Replacement
Bronchiolitis Obliterans (Popcorn Lung)
Q: What is Bronchiolitis Obliterans or Popcorn Lung?
A: Bronchiolitis Obliterans or Popcorn Lung is a rare and life-threatening form of non-reversible obstructive lung disease in which the bronchioles (small airway branches) are plugged with granulation tissue.
Q: How is it caused?
A: Popcorn Lung is caused by exposure to Diacetyl, the chemical used in butter flavoring in microwave popcorn and other food products. People affected by the toxicity of this chemical have developed shortness of breath, hardening of the lung tissue, and other serious respiratory symptoms. The damage cannot be reversed by eliminating the exposure to Diacetyl. The most serious cases of popcorn lung are life threatening and require a lung transplant.
If you or a loved one has suffered from Bronchiolitis Obliterans (Popcorn Lung) please, contact us today for a free, no obligation consultation.
Smith & Nephew Oxinium Cementless Knee Replacement
Q: What is Smith & Nephew Oxinium cementless knee replacement?
A: Smith & Nephew developed the cementless knee replacements known as Oxinium Genesis II and Oxinium Profix II in an effort to reduce the amount of resistance between the new components and existing tissue.
Q: Why is it dangerous?
A: In August of 2003, Smith & Nephew alerted the US Food and Drug Administration of a potential defect and subsequently issued a recall of the design and function of the cementless knee implant because the component’s surgact failed to properly bond to the bone. This failure has caused significant pain and loosening of the replaced knee joint.
If you or a loved one has suffered due to a Smith & Nephew Oxinium cementless knee replacement, please contact us for a free, no obligation consultation.
Zimmer Durom Cup Hip Replacement
Q: What is the Zimmer Durom Cup Hip Replacement?
A: Approved by the FDA in 2006, the Zimmer Durom Cup Hip is a hip joint replacement used for those suffering from a deteriorating or broken hip joint.
Q: Why is it dangerous?
A: On July 24, 2008, Zimmer, the company who manufactures the Durom Cup Hip, issued a recall. The reports indicate that while performing the Durom Cup Hip Replacement revision surgery that the acetabular component had either loosened from the original position or had migrated. In all likelihood, the Zimmer Durom Cup Hip failure will necessitate a second hip revision surgery. Zimmer Hip Pain after hip replacement surgery may indicate a faulty hip implant, broken hip implant, or defective hip implant.
If you or a loved one has suffered due to a Zimmer hip replacement, please contact us today for a free, no obligation consultation.
The most common liability theory is negligence. Negligence is the failure to use reasonable care to avoid a foreseeable harm to a person, place or thing. An individual will be liable if his or her unreasonable act or failure to act causes an injury, even if the harm is unintentional. Some common negligence claims involve:
- Asbestos Poisoning
- Benzene Poisoning
- Lead Paint Poisoning
- Welding Rod Injuries
- Pharmaceutical Injuries
- Defective Products
- Slip and Fall accidents/Premises Liability. A person slips, falls and is injured on someone else’s property
- Alcoholic beverage liability. A provider of alcohol, either a social host or bartender, serves too many drinks to an underage or noticeably intoxicated individual who is then involved in an accident that causes injury to a third person
- Motor vehicle accidents caused by reckless or careless driving
Intentional harm is the “malicious” or “intentional” infliction of harm that results in injury. For example, if a person involved in an emotional dispute with you purposely hits you with the intent to hurt you physically, the person must compensate you for your injuries. Many intentional torts are also criminal offenses. For example, an assault can result in both civil charges and criminal charges. Types of intentional torts are:
- Assault
- Battery
- False imprisonment
- Intentional infliction of emotional distress
- Fraud and misrepresentation
- Wrongful death
- Harm to reputation or defamation
- Trespass
- Trespass to chattel or theft of personal property
- Unauthorized contamination of property
What is Strict or Absolute Liability?
Strict or absolute liability means that the defendant is responsible for injuring another person regardless of negligence or intent. Some instances in which the law might apply strict liability are with regard to product liability, abnormally dangerous or ultra-hazardous activities and animal owner’s liability. For example, a plaintiff may be entitled to compensation after a defective product injures him or her regardless of whether the manufacturer was actually negligent. In other words, the plaintiff only has to prove that a product is defective or unreasonably dangerous and that the defect caused the injury. It is not necessary to show that the manufacturer was careless or negligent.
Please contact us if you or a loved one has experience one or more of the above issues.
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