What is Government Tort Liability?

In tort law, it’s not uncommon to hear the expression “deep pockets” thrown around in reference to who gets pursued when things go awry. It’s true, more often than not that when placing the blame for a tortious act, those involved with the deepest pockets get thrown under the bus. It’s very true that those are the groups that have the most to lose in financial terms, thereby representing the largest possible gain.

When it comes to one of the deepest sets of pockets, the United States government, you don’t hear about large settlements when they are determined to be at fault. That’s due to government tort liability, and the protections our federal and state governments are given against tortious actions.

It may seem like another example of our government out to protect just themselves, but there is actually a very sound reason behind it; one that most citizens get on board with. In truth, the only money the government really has is money that has been paid to it by us, the taxpayers. If someone were to prevail in a tortious action against either federal, state or a municipal government, ultimately it would be the taxpayers who would foot the bill for the government’s screwup. Tort law is about making somebody whole after they have been wronged due to another’s negligence. Taking taxpayer money to do that just leaves another whole group aggrieved.

It may seem like the Federal Tort Claims Act of 1947, which enacted the first limits on governmental liability, helped protect the government, but in actuality it is the first piece of legislation that stated the United States government was okay with giving its people the right to sue them. Previously, there had been an absolute sovereign immunity, in that citizens were not allowed to take a government entity to court.

Another reason for government tort liability is the recognition that any government entity is composed of so many moving parts that it almost needs a bit more leverage, considering how many things they have their hands in every day. In some ways, by participating in the things that our government provides for us such as paved, maintained roads and public schools, we have also given up a little bit of our claim against them when things go awry.

In some cases, the government enjoys total immunity. In others, it may only enjoy a limit on said liability, limiting the amount that can be sued for in terms of persons injured, objects injured, or number of occurrences.

Government tort liability may seem like an easy cop-out to get such an entity off the proverbial hook. However, it actually provides a mechanism to allow citizens to ask for a redress of grievances against their government. Sometimes, like in the case of a state employee operating a motor vehicle, or doing damage to someone’s real property, the government enjoys no limit on claims.

While it may limit the ability of someone greatly injured by our government from collecting a big payday, it does allow us to take our governments to court, which is a very important check on the bureaucracy we fund with our hard earned dollars.

What to do After an Injury in the Workplace

Even the most careful worker can sustain an injury in the workplace. If you are injured on the job, your injuries are covered by Workers’ Compensation laws and regulations. It is important to make sound decisions so that your legal rights are protected.

Immediately After the Accident

When you sustain an injury, take time to assess the situation. If you are in a great deal of pain, or have trouble moving around, do not try to move. Call for help. If the injury is serious, insist on an ambulance.

Try to find witnesses, if there are any. Eventually, you will want to get names, addresses and phone numbers from each person. Their testimony is important if you have to take legal action to get your injuries covered.

Report the injury as soon as possible to your supervisor. Do not let anyone talk you out of it. Get a formal accident report filled out and make sure you get a copy of it. Verify that the report lists all the injuries and problems sustained as a result of the incident. Insist all details be placed on that report and that you get an updated copy.

Get medical assistance immediately, especially if it is a serious injury or if the pain persists. Try to go to a doctor of your choice, your primary care physician if possible. If you have a head or spinal injury, insist on seeing a neurologist or orthopedist.

Obtain the name of your company’s Workers’ Compensation insurer. While many companies will handle the paperwork and claims process, you will want that information if you have troubles getting your injury claim covered.

Determine if you are going to miss work as a result of this injury. Find out how long the doctor wants you to be out of work. Make sure your employer receives notice of this medically required absence.

Going Forward

Ask the doctor about your long-term prognosis. Will you need surgery? Is there a chance of long-term or permanent disability? That prognosis is important for any legal action you might take.

Stay in contact with your employer, especially if doctor’s orders change or if unforeseen complications arise. Make a note of who you spoke to, exactly what you said, and when you had the conversation.

Obtain copies of all documentation for your own records. This includes medical/hospital bills, medical records, test results, doctors’ notes, emergency room charts, employer statements, witness statements, wage receipts, and any communications from the Workers’ Compensation insurance company.

Settling Your Case

Do not sign any release forms without consulting an attorney. Examine any check you receive to see if there is any release language printed on it. Do not sign and cash the check if there is. You may be inadvertently signing away your legal rights.

Keep a daily written diary after you sustain the injury. This will give you a written account of the medical treatment you received and how the injury affected your life. It is invaluable if you have to go to court to get your injury covered.

Do not discuss your injury with anyone other than your spouse, your doctor, and your attorney. You do not have to talk with insurance adjusters or anyone else. Do not give any recorded statements except to your attorney.

Check your Workers’ Compensation against your average wages. If you find the Workers’ Compensation is less than 2/3 your average wages, you need to speak with an attorney.

If you have sustained a work-related injury, call us. We can help you get the medical attention you need and the compensation you deserve.

Should You File a Malpractice Lawsuit?

If you feel you’ve suffered because of a doctor’s professional negligence or lawyer’s professional negligence, then you may want to consider filing a malpractice lawsuit.

 

Legal and Medical Malpractice 

Legal malpractice is actually a form of negligence in which a lawyer breaches his contract or fiduciary relationship and causes harm to a client. That said, the majority of malpractice lawsuits take the form of medical malpractice.

Medical malpractice occurs when a doctor or nurse fails to exercise the level of care that a doctor or nurse of the same medical specialty would be expected to exercise under similar circumstances.

Medical Malpractice and Medical Error 

In other words, a doctor was supposed to do one thing, failed his professional duties and did another, which resulted in the patient’s harm or suffering. The majority of cases of medical malpractice involve a medical error, or a preventable adverse outcome of medical care.

An example of a medical malpractice lawsuit involving medical error would be a patient who received a wrong or partial diagnosis and subsequently went on to experience an injury and unnecessary suffering.

Although doctors frequently have professional liability insurance to protect against medical malpractice lawsuits should a medical error occur, you can still bring a medical malpractice lawsuit against a doctor if you feel professional negligence caused your suffering.

Misdiagnosis and Medical Malpractice 

A large percentage of successful malpractice lawsuits started with partial or belated diagnoses or plain misdiagnoses. Just consider that when a physician makes the wrong call and either fails to provide the right diagnosis or does so too late the patient unnecessarily suffers.

Going back to the definition of medical malpractice, a successful malpractice lawsuit will depend on proving that a more competent physician with the same medical expertise operating under similar circumstances would have made the correct diagnosis.

Statistics on Medical Malpractice Lawsuits 

Very few doctors are totally immune from the threat of a medical malpractice lawsuit. In fact, the New England Journal of Medicine found that three-fifths of low-risk doctors will combat a medical malpractice lawsuit during their practicing lifetime while nearly all doctors in high-risk professions will combat a medical malpractice claim.

Further, in 2012 nearly four billion dollars was awarded to clients in medical malpractice payouts. California was one of the highest states in terms of medical malpractice payouts – nearly a quarter billion dollars annually goes towards medical malpractice payouts in California.

Fives states – California, Florida, New Jersey, Pennsylvania and New York – account for 48% of all medical malpractice payouts. That said, the vast majority of payouts related to medical malpractice relate to settlements (93%) rather than judgments.

Causes for Medical Malpractice Lawsuits 

One-third of medical malpractice claims are related to a misdiagnosis, which makes misdiagnosis the most common reason for filing a medical malpractice lawsuit.

When a doctor fails to provide a correct and complete diagnosis to his patient and subsequently faces a malpractice lawsuit, the doctor failed to act as competently as another doctor of the same medical speciality operating under similar circumstances.

Surgery and treatment, respectively, were the next most frequent reasons behind medical malpractice lawsuits. Also, in most medical malpractice lawsuits the most severe injury is significant permanent injury or death.

When to File a Medical Malpractice Lawsuit 

If you feel you have suffered due to the professional negligence of a doctor, then you may want to consider a medical malpractice lawsuit.

Although misdiagnosis is the number one cause behind medical malpractice lawsuits, medical errors (e.g., incorrect prescriptions) as well as surgical mistakes account for a large share of medical malpractice lawsuits.

Understanding Mesothelioma Compensation

Mesothelioma, a rare cancer, develops in the layer of tissue that covers your mesothelium, or internal organs. Unfortunately, it is an aggressive and deadly form of cancer. You didn’t do anything wrong to acquire mesothelioma. Most likely, you developed mesothelioma after being exposed to asbestos, a dangerous chemical, at your workplace. Mesothelioma takes about 10 to 40 years to develop after the initial exposure.

Typically, anyone exposed to this dangerous chemical can receive mesothelioma compensation. In fact, you have a great chance of receiving mesothelioma compensation from:

• The company that installed the asbestos.
• An insurance company.
• An asbestos victims’ trust fund that is responsible for providing mesothelioma compensation.
• The company that manufactured the asbestos.

Time to Sue for Compensation

Each state has its own statute of limitations for suing for asbestos exposure depending on the time of diagnosis or discovery of the cancer. In California, it’s important to act immediately. You only have one year from the time you were diagnosed with mesothelioma to file a lawsuit to receive compensation. If you are suing on behalf of your deceased relative who died because of mesothelioma, you have the same timeframe.

How Long Does a Mesothelioma Case Take in San Francisco?

It depends. Majority of cases are settled prior to the parties going to court. Both parties decide to settle the case outside of court. However, if you and the other party can’t agree on a settlement amount or refuses to settle, you go to court. Trial can take anywhere from a couple of years to several years to resolve. There is one of two outcomes. You can win or lose the case.

Regardless of whether you are offered a settlement or go to trial, your lawyer must have plenty of evidence to prove your case. This evidence includes:

• Employment history.
• Medical condition.

How Much Money Will You Receive in Mesothelioma Compensation?

The final money amount for your mesothelioma compensation depends on the:

• Medical condition.
• Physical condition.
• Type of mesothelioma cancer.
• Terminal diagnosis.
• Treatment.
• Degree of pain and suffering you or your loved one experienced.
• Medical expenses.

Also, the particular defendant impacts the amount of your mesothelioma compensation. Many companies responsible for installing or manufacturing asbestos have filed for bankruptcy or closed. As a result, courts have required companies to set aside trust funds to compensate any future mesothelioma victims. Depending on when you file your lawsuit, there may be a lot or a little money in the trust fund.

Understanding your potential mesothelioma compensation requires the help of a lawyer. If you have acquired mesothelioma, it’s important to remember that you did nothing wrong. You simply worked at a location where you were exposed to asbestos without being told. You have the right to seek compensation for your injuries. The amount of money you receive depends on many factors your lawyer will explain during the initial consultation.

Motorcycle Helmet Laws in California

Wearing a motorcycle helmet is of paramount importance, both from the perspective of your own health and from the legal angle. Motorcycle helmet laws in California (like many laws) can be somewhat complicated, but what it boils down to is that it has important ramifications for any personal injury claim you might consider.

The Law and The Benefits

The California DMV states that under V C Section 27803, the law requires both drivers and passengers on motorcycles shall wear an appropriate safety helmet (as well as clarifying the specifics of vehicles where exceptions apply). The specific intent of this law is to improve the safety of motorcycle drivers and passengers, and in this motorcycle helmet laws in California are very much similar to those in the rest of the world.

The CDC outlines what the benefits are in terms of saving lives and the related economic benefits since California implemented a universal helmet law in 1992. They also show that California has saved 26 lives and $53million per 100,000 helmets used every year, whilst the US as a whole saved over $3billion in 2010 alone thanks to helmet laws. That could have been increased by almost 50% were helmets mandatory in all 50 states. They are also most insistent on the point that properly designed helmets do not interfere with vision or hearing, although there is some contention on that point within the motorcycling community.

So, motorcycle helmet laws in California are quite clear whilst no less an authority than the CDC argues that helmet laws are effective ways of reducing deaths and injuries. But, what implications does this have for personal injury issues?

Helmet Laws and Personal Injury

First, it is of course impossible to make blanket statements about the outcomes of any legal proceedings, as each one is unique and peculiar to its own circumstances. With that caveat, the effects of not obeying the helmet law on personal injury claims can, theoretically, be pernicious.

The nature of motorcycles makes them vulnerable to accidents in and of themselves, but also more prone to serious injuries when accidents occur. Should you be involved in a motorcycle accident and suffer an injury such as, for example, a broken leg, it is unlikely failure to wear a helmet would impact your claim to compensation. The injury was not affected by the presence or absence of a helmet, and would have been suffered the same either way. However, if the injury involves some part of the body protected by a helmet – the neck, the head itself, and the brain – your claim could be severely affected. The argument would be made that you incurred this injury due to your own negligence in failing to wear appropriate safety gear as stipulated under California law.

As the injuries in question are some of the most serious you could experience, it is very much in your interests to ensure you wear a helmet whenever you’re on a motorcycle. Motorcycle helmet laws in California, as in the rest of the world, exist in order to reduce danger to drivers and passengers. The prospects of harming claims for compensation in the event of somebody else’s negligence only add to the strength of this case. If you do suffer an injury you would not want to be under the microscope yourself, and the stress of trying to make your case would not be something you need while recovering from your injuries. It is vital in every way that you respect motorcycle helmet laws in California, in order to protect yourself physically and make your legal position stronger in the event of an accident.