Ben Grammer Law | Average Settlement Claims

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What Is The Average Settlement Amount For IVC Filter Lawsuit

via Average Settlement Compensation What Is The Average Settlement Amount For IVC Filter Lawsuit http://bit.ly/2MSWF7x

If you are looking for the average IVC filter settlement lawsuit amount then you are in the correct place.

An inferior vena cava (IVC) filter is a medical device that is used to prevent a pulmonary embolism in the heart. It is a vascular filter that is surgically installed by vascular surgeons or interventional radiologists.

Defects in IVC filters can lead to life-threatening complications.

Effects Of Defective IVC Filters

The IVC filter is designed to catch or filter out blood clots that travel into the heart and lungs from the lower regions of the body.

If the filter fails to catch these clots, they could blockages, also known as pulmonary emboli (PEs).

Also, if the filter fractures or is dislodged from its original position and migrates, it could cause more blood clots, perforations of the heart and lung tissue, DVT (Deep Vein Thrombosis) and death.

Factors In Determining Settlements

Every case regarding IVC filter malfunctions is unique, with its own circumstances and facts to determine jury verdicts or settlements. Common factors in determining a case’s value include:

How many injuries were suffered and how severe was each of those injuries?

How much time is needed to fully and properly heal from the injuries suffered?

Have the injuries caused a long term or permanent disability?

Will the plaintiff require nursing and home care?

How much (including all medical and hospitalization costs, lost income, and projected a loss of wages or salary) did the malfunction cost the plaintiff?

How much will any future medical and rehabilitation programs (including removal and takedown surgeries) cost the plaintiff?

What kind of emotional response (pain and suffering, post-traumatic stress, and other issues) came as a result of the traumatic incident?

How much fault can be assigned to the involved parties?

Did the party act with the intent to cause harm or act with reckless indifference for the life and health of others?

Were the known risks of the device to downplay to pass FDA approval guidelines?

If the patient died, what wrongful death claims values can be assigned to the case?

A claim on an IVC filter, when the injuries and the medical bills are fully considered, can produce a jury verdict or settlement within the range of $200,000 to $750,000.

Examples Of IVC Claim Settlements

C.R. Bard, in a trial in Phoenix, Arizona on March 30th, 2018, was ordered to pay $3.6 million to Sherri Booker, whose faulty IVC filter broke into pieces and winded up puncturing one of her blood vessels. She also needed heart surgery to remove the defective IVC filter to prevent any further damage to her blood vessels and organs.

In 2018, Cook was ordered to pay Jeffrey Pavlock, a Houston firefighter, $1.2 million after the defective IVC filter caused perforation in blood vessels and organs. A Cook Celect IVC filter migrated and lodged itself in the duodenum and renal vein. Pavlock needed three surgeries to remove the entire filter. The Celect IVC filter was sliced into several pieces before it could be removed from his body. Pavlock was left with a 16-inch surgical scar and a possibility of spinal stenosis.

How Much Compensation Payout Can I Get For An IVC Filter Settlement & Lawsuit?

A claim on an IVC filter, when the injuries and the medical bills are fully considered, can produce a jury verdict or settlement within the range of $200,000 to $750,000.

Ultimately, there is no one right way to calculate the compensation you should get; consulting a personal injury lawyer will give you an idea of what to expect.

The post What Is The Average Settlement Amount For IVC Filter Lawsuit appeared first on Average Settlement Compensation.

by https://averagesettlementcompensation.com

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What Is The Average Herniated Disc Lower Back Workers Comp Settlement?

via Average Settlement Compensation What Is The Average Herniated Disc Lower Back Workers Comp Settlement? http://bit.ly/2Inb7ka

If you are looking for the average herniated disc lower back workers comp settlement then you are in the right place.

Herniated discs in the lower back are usually a result of workplace injuries. Given the debilitating effects they can have on the body, they should be taken very seriously.

What Is A Disc Herniation?

Spinal disc herniation is the injury suffered by the tissues (discs) that attach and pad the bones in the spinal cord (vertebrae). This happens when the vertebrae experience high levels of physical stress and trauma.

When the outer ring of one of the spine’s discs (the annulus fibrosus) experiences a tear that allows the portion to within to escape, then the disc is herniated.

Causes Of Disc Herniation

A herniated disc in the lower back is usually the outcome of cumulative trauma, going back days or even weeks to get the point where the discs in the lumbar vertebrae are weak enough to rupture.

An abrupt, traumatic wound like the kind suffered in car accidents, falls from heights or when trying to lift heavy objects can also cause discs to herniate.

Effects Of Disc Herniation In The Lumbar Spine

Effects of herniated discs include pain, mostly in the back and less frequently in other parts of the body, and physical disability.

Over 80% of herniated discs are found in the lumbar region of the spine, at the L4-L5 and the L5-S1 levels.

Disc herniation in the lumbar region often presents as pain in the legs. An L4-L5 disc herniation will usually pinch the L5 nerve. This will present as weakness and pain in the whole leg.

Disc herniation at L5-S1 with usually pinch the S1 nerve and cause radiating pain through the feet and feet.

Diagnosing Disc Herniation

A doctor or surgeon (orthopedic) diagnoses disc herniation in the following ways:

Medical history: The physician asks a series of questions to determine how you were injured, how severe your injury is, and any other symptoms you are experiencing as well.

Physical examination: The physician will have you take a series of positions to see how they affect your symptoms.

Diagnostic testing: the physician will use a test like MRI (Magnetic Resonance Imaging) or CT (Computed Tomography) scans to detect the anatomic injury and confirm the presence of a herniated disc.

Treating Disc Herniation

Pain relief and restored function and mobility of the body is the aim of treating herniating discs.

The standard procedure for herniated discs involves rest, physical therapy, and medications to relieve pain. It usually takes 3 to 6 months of this conservative treatment for patients to recover fully.

If and when the restrained approach fails to achieve the desired results, surgery is the next option. The usual surgical procedures include lumbar decompression, microdiscectomy, cervical laminectomy, and spinal fusion. Unfortunately, surgery increases the likelihood of another disc herniation and further worsen the situation.

Cauda equina syndrome is also a worrisome issue. Cauda equina occurs when the herniated disc compresses the spinal nerve roots during surgery. It presents as weakness of the legs, dysfunction of the bowels and bladder and potential leg paralysis.

Compensation For Herniated Discs

A herniated disc can entitle you to

Medical Herniated Disc Settlements, including medication and surgery

PPD (Permanent Partial Disability) benefits

TTD (Temporary Total Disability) benefits

TPD (Temporary Partial Disability) benefits

Vocational rehab if you are unable to return to your old job as a result of your injury

Examples Of Lumbar Spine Disc Herniation Settlements

In Michigan May 2017, a car accident at an intersection causes disc herniations and annular tears in the defendant. Facet rhizotomy (using a radio frequency probe to destroy malfunctioning nerve fibers) was used on both his lumbar and cervical spine. He was awarded damages of $329,000.

In New Jersey in June 2014, a man slipped and fell in an Edgewater food court. A knee and lower back injury sent him to an orthopedic surgeon who treated him with arthroscopic surgery and then a lumbar fusion. A settlement for $800,000 was reached during mediation.

In New York on April 2014, a 51-year-old pedestrian was struck by a vehicle and was diagnosed with two cervical avulsion fractures, ligament tears in her knee and shoulder, lumbar and cervical disc herniations, and lumbar disc bulges. The case was settled for $1.5 million.

How Much Compensation Payout Can I Get For A Herniated Disc In The Lower Back?

The average jury verdict for herniated discs is $350,000, but the median verdict is $75,000.

Ultimately, there is no one right way to calculate the compensation you deserve; consulting a personal injury lawyer will give an idea of what to expect.

The post What Is The Average Herniated Disc Lower Back Workers Comp Settlement? appeared first on Average Settlement Compensation.

by https://averagesettlementcompensation.com

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What Is The Average Settlement Amount For Food Poisoning?

via Average Settlement Compensation What Is The Average Settlement Amount For Food Poisoning? http://bit.ly/2KW8ozQ

If you want to know the average settlement for food poisoning then this is the perfect article for you.

Food poisoning, also known as foodborne illness, is the infection caused by the consumption of food or water that has been spoiled, contaminated, or is toxic.

Effects Of Food Poisoning

Symptoms will vary depending on the food consumed and the kind of infection that has been contracted. The most common ones are nausea, diarrhea, and vomiting. Consider the infection to be life-threatening if any of the following symptoms are experienced:

Diarrhea lasting longer than the three or more days

A 101.5 Fahrenheit fever

Blurry vision

Slurred speech

Urine

Severe dehydration

Kinds Of Food Poisoning Strains

Salmonella: Most found in the summer, this food poisoning strain is caused by undercooked eggs, raw milk, and poultry.

E. Coli: This food poisoning strain is a strain of bacteria known as O157: H7. This has a chance that this too can lead to kidney failure. Often occurs when food or water has been contaminated by feces and is consumed.

Hepatitis: All strains of this disease, caused by consuming poorly prepared food, resulting in thousands of hospitalizations per annum, and there still isn’t a cure. Hepatitis A, B, and C can cause liver failure, and they have a multitude of other causes besides food.

Listeria: With a death rate of 20%, Listeria is one of the deadliest foodborne illness strains, Consumption of contaminated food is the main cause of this strain and puts all pregnant women, newborns, and adults older than 65 at risk.

Norovirus: This highly infectious strain of foodborne illness is usually found in the likes of cruise ships, in hospitals, and at fine dining restaurants. Norovirus is considered to be responsible for over half of all food poisoning reports.

Shigella: Shigella, caused by a bacterial agent, usually results in severe diarrhea and gastroenteritis. Some patients infected with Shigella can present with no symptoms at all but are still infectious and can pass on the bacteria to others.

Examples Of Food Poisoning Lawsuit Cases

Examples of food poisoning outbreaks are easily found in this age. Restaurants, caterers, and other food providers will have to stay on their toes to avoid lawsuits.

Here are some examples of food poisoning lawsuits and their judgments.

A dozen office workers, in a case in Connecticut, became violently ill after consuming a catered lunch from a well-known local restaurant. The caterer was found liable and, fortunately, there were no deaths or long-term complications. The caterer was determined to be liable for the illness and was ordered to pay a settlement of $370,000.

A Michigan man who became severely ill after consuming food contaminated with E. Coli received a $650,000 settlement for his pain and suffering. He also experienced acute renal failure and severe hypotension in addition to other issues.

A Canadian food distributor called Maple Leaf Foods was ordered to pay $27 million to victims of a listeria outbreak. Twenty people die, and thousands more felt sick. Everyone who consumed the affected meat products and fell ill was entitled to up to $125,000 indirect compensation — the family members of those the Listeria killer received six-figure payouts.

How Much Compensation Payout Can I Get For A Food Poisoning Settlement & Lawsuit?

Minor claims (diarrhea stomach cramps for a few days), minor claims involving hospital stays and serious claims (vomiting, fever, hemorrhoids, etc.) will each have their own range of values.

Ultimately, there is no one right way to determine the compensation you should get; consulting a personal injury lawyer will give you an idea of what to expect.

The post What Is The Average Settlement Amount For Food Poisoning? appeared first on Average Settlement Compensation.

by https://averagesettlementcompensation.com

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What Is The Average Settlement For Ectopic Pregnancy Medical Malpractice?

via Average Settlement Compensation What Is The Average Settlement For Ectopic Pregnancy Medical Malpractice? http://bit.ly/2Xh9RqI

If you are searching for the average settlement for ectopic pregnancy medical malpractice then look no further. We will discuss this in this article.

An ectopic pregnancy is a pregnancy complication that occurs when the embryo is unable to attach itself inside the uterus and attaches itself outside the uterus, usually in the Fallopian tubes.

Risk Factors And Warning Signs

Ectopic pregnancies are not such a regular occurrence that predicting the likelihood of one occurring is possible. There are, however, some factors that contribute to the development of ectopic pregnancy and some early indications of their existence.

Basic ectopic pregnancy risk factors include:

A former ectopic pregnancy

The use of an intrauterine device (IUD) as birth control

Established history of pelvic inflammatory disease

Established history of complications with tubal ligations or the reversal of a tubal ligation

The use of fertility or infertility treatments.

The use of tobacco

Sexually Transmitted Infection (STI)

Any previous condition or surgical procedure in the area of the pelvis or uterus

Age of the mother

Previous termination of a pregnancy

Any of these or a combination of any of these factors increase the likelihood of developing an ectopic pregnancy.

Basic ectopic pregnancy warning signs include:

Negative ultrasound scans, despite positive pregnancy test

Light bleeding from the vagina

Abdominal or pelvic pain

Dizzy spells, passing out and shock

Shoulder pain (as a result of nerve irritation from leaked Fallopian tube blood)

50% of women with ectopic pregnancies will experience any kind of symptoms that are noticeable before an organ is ruptured or the Fallopian tube damaged.

Diagnosing An Ectopic Pregnancy

If detected early enough, an ectopic pregnancy can be ended with a drug called methotrexate. A medical termination usually has the most favorable patient outcome because there will be no need to excise the fallopian tubes surgically, and the patient’s fertility is unaffected most of the time.

However, surgery becomes the only option after a certain gestational period. Surgeons usually try to remove the section of the fallopian tube where the fertilized egg has attached itself and reconnect the tubes by salpingostomy. If the ectopic pregnancy had a severe effect on the patient’s health, then the fallopian tube may have to be completely taken out.

Termination of an ectopic pregnancy through surgery is likely to reduce or eliminate a patient’s ability to conceive. Hence, all doctors need to be able to detect ectopic pregnancies as early as possible.

Making A Claim Of An Ectopic Pregnancy Misdiagnosis

Doctors swore an oath to provide the best duty of care possible to all patients. This includes diagnosing ectopic pregnancies and treating the condition as professionally and as quickly as possible.

Whenever a doctor fails in this duty, and the patient suffers injury, and as a direct result of that failure, an ectopic pregnancy misdiagnosis claim can be filed. Examples of doctor shortcomings include:

Failure to detect the ectopic pregnancy when the symptoms present

Any unnecessary delay in the diagnoses that cause the patient to require more invasive surgical procedures than necessary

Misdiagnosis of the condition entirely, for example, interpreting the symptoms to mean a miscarriage, not an ectopic pregnancy

Failure to do the right tests

Misinterpreting of test results like blood tests and scans

A surgical error like excising the wrong fallopian tube

Insufficient post-operative check-ups and future pregnancy care.

Examples Of Ectopic Pregnancy Misdiagnosis Claims Settlements And Verdicts

$1.2 million was awarded to a plaintiff whose radiologist misdiagnosed her pregnancy as ectopic and recommended her obstetrician terminate the pregnancy. It was later discovered that the pregnancy was not ectopic, but that was after the methotrexate had been administered. As a result, the baby was born with multiple congenital disabilities and died three months later.

$55,000 was awarded to a plaintiff whose ectopic pregnancy wasn’t diagnosed or treated on time, causing the surgeon to excise her Fallopian tube.

How Much Compensation Payout Can I Get For An Ectopic Pregnancy Medical Malpractice Suit?

The wide-ranging effects of an ectopic pregnancy, physically, mentally and emotionally, make it difficult to pin down a specific figure, but a lot of settlements and verdicts in the plaintiff’s favor are usually six digit numbers or higher.

Ultimately, there is no one right way to determine the compensation you deserve; consulting a personal injury lawyer will give an idea of what to expect.

The post What Is The Average Settlement For Ectopic Pregnancy Medical Malpractice? appeared first on Average Settlement Compensation.

by https://averagesettlementcompensation.com

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What Is The Average Workers Comp Settlement For Hand Injury?

via Average Settlement Compensation What Is The Average Workers Comp Settlement For Hand Injury? http://bit.ly/2KhnuQP

If you want to find out the average workers comp settlement for hand injury, then continue to read until the end.

Workplace injuries of the hand are very common and can wind up as a very serious issue. Debilitating injuries to the hand can cause a serious shift in one’s quality of life.

Effects Of Hand Injuries

Work-related hand injuries can cause swelling, chronic pain, stiffness, and limited motion. Hurting your hand on the job is also stressful and frustrating and comes with a lot of uncertainty and many questions about your future.

How will I pay my medical bills?

Can I get a workers’ compensation claim for the injury?

Can I heal well enough to return to my job?

Kinds Of Hand Injuries

Here are some of the common hand injuries that can occur on the job.

Gamekeeper’s thumb: a tear of the ligament on the side of the thumb on the palm. This ligament is responsible for the hand making pinching movements. Sometimes surgery is necessary to treat this injury.

The hook of the hamate fracture: This is an injury suffered due to strong reverberations in hand like when a worker strikes the ground with an object. The hook of hamate is in the lower part of the palm.

Finger dislocations: A dislocation at the base of the thumb or other fingers.

Amputated hands and fingers: as a result of accidents with manufacturing equipment, saws, hammers, etc.

Burns on the hand: as a result of motor vehicle accidents (MVAs), motorcycle accidents, fires, chemical spills, etc.

Metacarpal fractures: Fractures of the 4th and 5th metacarpal bones may happen when your hand strikes a hard object. Many of these fractures are treated with splinting.

Finger fractures: where the tendon and joint capsules attach and are often caused by a crush injury, like a hammer striking a finger.

The Settlement Value Of Hand Injury

Many factors go into determining the value of hand injury suit, and every suit will be different, with their own unique factors that will determine the case’s value.

Here are a few questions that are used in determining the compensation settlement of a filed suit regarding a hand injury or a finger injury:

What was the employee’s income before he or she was injured?

Was the injury severe enough to require hand surgery to treat properly?

Was the injury debilitating enough that the employee required physical therapy for the hand?

Is there permanent damage or impairment to the injured hand?

Are there permanent restrictions regarding the injured hand?

Is pain management necessary to treat residual symptoms?

How much did the injured employee have to use his or her hands in their pre-injury job?

Examples Of Hand Injury Cases Settlements

Below are some judgments and settlements for hand, finger, and wrist injury cases:

In South Carolina, a man in his 50s is in a car accident and injures his hand. He is diagnosed with a fracture of his right hand at the hospital, followed by therapy and orthopedic surgery. He brings a suit against the other driver, citing negligence and a failure to yield the right of way. The parties agreed to settle for $87,500.

A 29-year-old woman in Georgia has a car accident and her left-hand crashes through her driver’s side window and is struck by the other car. She suffers a crush injury to her left hand, closed fractures of her left ulna and radius and loses a significant amount of tissue in her hand. Her middle finger has to be amputated, and plates and screws are embedded in her forearm. A jury awarded the woman $30,485,664.29.

In New York, a man in his 50’s helping co-workers transport a 600-pound vacuum feeder tank has his hand becomes jammed by the tank. His ring finger amputated at the base and half of his middle finger amputated, despite multiple hand surgeries. Before trial, the parties settle for $1,900,000.

In Washington, a 74-year-old woman is in an accident and sustains a hand injury, a fracture to her left thumb and a compression fracture in her thoracic spine. The parties settle the case for $140,000.

In Nevada, a baby suffers an injury to his right-hand during childbirth at the hospital. A medical malpractice lawsuit was filed against the hospital alleging medical malpractice was the cause of the injury. The parties settled for $50,000.

How Much Compensation Payout Can I Get For A Hand Injury Settlement & Lawsuit?

The jury verdict in finger and hand injuries averages around $630,000 and the median is approximately $70,000.

Ultimately, there is no one right way to determine the compensation you should get; consulting a personal injury lawyer will give you an idea of what to expect.

The post What Is The Average Workers Comp Settlement For Hand Injury? appeared first on Average Settlement Compensation.

by https://averagesettlementcompensation.com

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What Is The Average Settlement Amount For Pelvic Mesh Lawsuit?

via Average Settlement Compensation What Is The Average Settlement Amount For Pelvic Mesh Lawsuit? http://bit.ly/2IIcjxl

If you want to know the average settlement for pelvic mesh lawsuit then you have come to the right place.

Pelvic mesh (also known as transvaginal mesh) lawsuits have become one of the largest mass torts in the United States’ history. Over 100,000 lawsuits regarding pelvic meshes have been filed.

What Is A Mesh?

A surgical mesh is a sheet, loosely woven from organic and inorganic materials into a sheet. This sheet is used to create support for organs, on a temporary or permanent basis.

Temporary meshes are designed to dissolve into the body over a period, but permanent meshes remain in the body unless removed surgically.

The most common material used to create mesh is polypropylene (PP), which has been determined to be biocompatible with the pelvic and abdominal regions. PP tends to induce mild inflammation and adheres to the viscera.

Uses Of Surgical Mesh

Surgical mesh is mostly used in hernia repair surgeries, but it also has reconstructive uses like in pelvic organ prolapse.

Pelvic organ prolapse has been shown to occur in 50% of women above 50 years old with some history of natural childbirth. Pelvic mesh is used in pelvic reconstruction to counter the effects of pelvic organ prolapse.

Effects Of Pelvic Mesh Implants

Mesh implants in the pelvic region have been shown to create medical complications like pain and bleeding.

In 2016, the FDA (Food and Drugs Authority) changed the classification of the pelvic mesh to class III (high risk). In 2018, the FDA required that any mesh be used for transvaginal pelvic organ prolapse repair be approved via the application. On 16th April 2019, the FDA declared that all sale and distribution of pelvic meshes had to cease and desist immediately.

Examples Of Pelvic Mesh Lawsuit Settlements

The manufacturer facing the most lawsuits regarding pelvic mesh is Johnson & Johnson. Here are a few examples of those lawsuits:

In March 2018, Barbara and Anton Kaiser were awarded $35 million by an Indiana jury after they sued Ethicon (a subsidiary of Johnson & Johnson) for the pain Barbara Kaiser’s Prolift mesh allegedly caused her.

In December 2017, Elizabeth Hrymoc was awarded $15 million by a New Jersey jury after she sued Ethicon for a defective Prolift mesh implant in 2008, which caused so much pain that it had to be removed and replaced.

In September 2017, Ella Ebaugh was awarded $57.1 million by a Philadelphia jury after she sued Ethicon for the chronic pain and incontinence, she endured due to the two Ethicon pelvic mesh implants cause erosion in her urethra and required three surgeries to remove.

In February 2016, Sharon Carlino of New Jersey was awarded a $13.5 million verdict after filing a lawsuit against Ethicon for their transvaginal tape (TVT) for stress urinary incontinence that left her with constant pain and discomfort. Two attempts to repair the damage via surgery did not rid her of pain.

C.R. Bard, based in New Jersey, has also had their share of lawsuits. A few of them include:

In April 2018, Mary McGinnis was awarded $68 million by a New Jersey jury for the lawsuit she filed for debilitating injuries she suffered due to Bard’s pelvic mesh.

In another significant mesh settlement in August 2015, Bard had to pay over $200 million (~$67,000 per case) to settle approximately 3,000 cases. Allegedly the payout was intended to prevent verdicts that could have bankrupted Bard.

How Much Compensation Payout Can I Get For A Pelvic Mesh Settlement & Lawsuit?

Settlements on pelvic mesh cases are wide ranging from $1.2 million to $775 million.

Ultimately, there is no one right way to determine the compensation you should get; consulting a personal injury lawyer will give you an idea of what to expect.

The post What Is The Average Settlement Amount For Pelvic Mesh Lawsuit? appeared first on Average Settlement Compensation.

by https://averagesettlementcompensation.com

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What Is The Average Workers Comp Settlement For Eye Injury?

via Average Settlement Compensation What Is The Average Workers Comp Settlement For Eye Injury? http://bit.ly/2wGqblZ

If you are searching for the average workers comp eye injury settlement then read on to find out.

The ability to see is critical in almost every profession on earth. When a worker is injured in one or both eyes, his or her quality of life is in immediate jeopardy.

Worker Eye Injuries

In the workplace, employees can suffer from eye injuries in different ways.

Corneal abrasions occur when the surface of the eye is scratched by any object. It could be caused by dust particles, glass fragments, plastic granules, metal objects, etc. Corneal abrasions present as red, swollen eyes.

Burns are serious injuries caused by corrosive liquids like acids and alkalis. Any exposure to these chemicals should be immediately followed by a rinse of the eyes and a visit to the doctor.

Hemorrhages occur when a blood vessel near or within the eye ruptures. See a doctor to ensure no permanent damage is caused.

Penetration of the eye occurs when a sharp object pierces the eyeball. Try to cover the injured eye and rush to the hospital.

Fracture of the eye occurs when the eye or the orbital socket receive blunt force trauma. This requires immediate medical attention.

Traumatic Iritis is inflammation of the iris usually as a result of trauma. Secondary diseases have also been known to cause traumatic iritis. This could permanently affect your vision.

Treatment

The treatment received depends on the kind of injury taken to the eye. Extensive treatments might or might not be required.

A scratched eye should be covered; then a doctor should be consulted to take care of it. Do not wash the eye out or try to rub it. This could make the situation a lot worse.

If the eye experiences sharp force trauma (penetration by a sharp object), only a doctor should remove it. Failure to remove it or removal by unqualified persons can worsen the injury.

Wash your face with lukewarm water for fifteen minutes because chemicals may damage your eyes. Then, visit the hospital.

Swollen and irritated eyes should be treated with icepacks or damp cloths

Use prescribed medication to treat eye infections

Other more severe injuries might require surgeries or transplants.

Workers Compensation Settlements For Eye Injury Examples

To determine the compensation payout you can get is not so straightforward. Luckily, there are examples for you to reference with. Here are a few examples of compensation settlements for eye injuries.

In Cook County (2014) A 21-year-old construction worker took shrapnel to his right eye from a wheelbarrow tire explosion.

However, the worker was plagued by headaches and light sensitivity even after treatment. He returned to work with some challenges. After his court hearing, he was awarded the following:

$300 weekly for 16.2 weeks for lasting fractional debility benefits

  A 53-year-old assembly worker at Mitsubishi in McLean County (2008) suffered retinal detachment in his right eye while at work and received surgery to correct the injury.

Despite the operation’s success, he had difficulty seeing out of the right eye, lacked any kind of peripheral vision with it, and struggled to identify shapes or depths. A claim awarded the worker these rewards.

$799.47 weekly for 11-1/7 weeks for lasting fractional debility benefits.

$534.16 per week for 75 weeks to compensate for passing full debility.

All past and future necessary medical expenses.

  In Winnebago County (2013), a 45-year-old mason worker was injured by a flying shard to his eye when hammering stakes into the ground, even though he had on protective goggles.

He was diagnosed with a perforating left eye injury. The treatment proved unsuccessful, and the eye was lost. A claim for these disabilities and the future losses he would suffer because of them awarded him the following benefits:

60% of his weekly wage ($916.81) for 160 weeks for lasting fractional debility benefits

$1018.67 weekly for 35-2/7 weeks to compensate for passing full debility.

$4,573.58 to compensate for extra expenses.

Conclusion

Consult a lawyer with experience in personal injury suits before filing any claims. It best to get the full picture when you’re dealing with an eye injury and need compensation.

The post What Is The Average Workers Comp Settlement For Eye Injury? appeared first on Average Settlement Compensation.

by https://averagesettlementcompensation.com

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What Not To Say To Workers Comp Doctor?

via Average Settlement Compensation What Not To Say To Workers Comp Doctor? http://bit.ly/2W0Ne5h

Are you thinking to yourself what not to say to workers comp doctor? If the answer is yes, then stay tuned as it will be addressed as you read on.

As you are working in the company that you are employed in, some accident might happen. By accidents I mean, you might get injured as you are handling different types of machinery. Also, you might not get physically injured; you might also get some mental illnesses, for instance, as a result of your work.

In this case, it’s usually in the employer’s norm to cater for the expenses that you will possibly incur in the effort to regain your health. In order to ensure that everything is genuine and you as an employee is truly eligible for the company’s compensation, the insurer of the company employs a Workers’ compensation doctor.

The work of the Comp doctor is to fully examine the employee who complains of any illness or injury brought to him/her during work. The examination reports are used to determine whether the employee deserves a company’s compensation or not.

What Is The Employees’ Call?

It is always wise for any employee, to know what they are supposed to say to a workers’ comp doctor and how to react with them. Failure to react properly and say the right things may jeopardize your claim for compensation. What should I not say to a workers’ comp doctor, as an employee?

In order to guarantee full compensation on any injury occurrence during work, these are the things you should avoid saying to the company’s doctor.

1. Avoid Being Rude

Sometimes we use anger as a shield from accepting the fact that we are feeling pain. After an injury or any illness, it is possible that we are experiencing some pain in our bodies. The next thing we might think of doing is pouring all the anger into the company doctor’s face. The worker’s comp doctors might be interrogative to an extreme extent. In most cases, we might be under the impression that this doctor thinks that I am lying.

As a result, an employee might find himself insulting the doctor or shouting at him. This will definitely trigger a negative picture of you in the doctor’s mind. Possibly, he will leave out important details about your condition that could prove your eligibility to the company’s compensation policy.

This will deny you a good chance to be compensated by the insurance company and other benefits. Be polite and explain your condition in a low tone. The doctor will listen to you and note down all the details of your conditions. This will increase your chances of being compensated.

2. Don’t Exaggerate Your Condition

Employees might get tempted to give exaggerated details about their condition or injury. They do this with an aim to trigger a higher compensation amount possibly. The most important thing to know is that the doctor is well trained. He/she will definitely smell the lies out of you once you say them.

Running a test on you to determine the truth of your condition will always be done, and well, tests don’t lie. After all, it’s your body which is injured, not your mouth. Lying about the severity of your condition will be detected, and a bad report will be written of you. Be honest about how you are feeling and the symptoms you are experiencing.

3. Don’t Understate Your Condition

Being honest doesn’t mean you have to hide some of the symptoms that you are experiencing. Say everything without leaving a single detail. It’s important in determining the treatment that you require and the value of compensation that you are due.

If you don’t give clear information about how the injuries are limiting your ability to work, the insurance company may argue that your condition is not serious enough to be compensated.

4. Don’t Argue With The Doctor On The Treatment Procedure

When the doctor gives you a schedule on when to see him/her for your treatment, don’t argue or give different suggestions. Stopping your treatment early, for instance, will give an impression that the nature of your injuries is not severe enough to stop you from working.

Follow the doctor’s prescription without being followed because these reports will be accessed by the insurance company to give a verdict whether you deserve compensation or not. Records of you not being co-operative with the doctor will opt you out from being compensated.

Every employee has a right to be compensated after having an injury in the line of duty or while working. However, it takes a procedure for one to be compensated by the insurance company. To ensure that the employee gets what they deserve, it’s upon them to conduct themselves well with the workers’ comp doctor.

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What Is The Average Workers Compensation Settlement For Carpal Tunnel?

via Average Settlement Compensation What Is The Average Workers Compensation Settlement For Carpal Tunnel? http://bit.ly/2VVZR1v

If you are looking for the average workers compensation settlement for carpal tunnel, then you have come to the right place.

What Is Carpal Tunnel?

Carpal Tunnel is a syndrome that comes as a result of repetitive stress injuries. It is usually caused the subsequent pressure applied on the medial nerve and the tendons. Both are responsible for making your fingers flexible as they move via the carpal tunnel in your arm wrist. The tunnel is very narrow.

Therefore any swelling, however, the minute it might seem may cause complications to the nerves and tendons resulting in severe pain. Mostly, it comes the effect of doing repetitive kind of tasks.

For example; Packaging work, typing work, Weight lifting-loading and off-loading from transits, stamping, slicing, pressing objects, or even pushing. When you do this kind of jobs without having an adequate amount of rest, you are most likely to suffer from Carpal Tunnel syndrome.

Other possible causes of Carpal Tunnel disease are pregnancy, historic wrist injuries, playing musical instruments, diabetes, or even arthritis.

Prevention And Cure

As we have seen above, the causes of Carpal Tunnel syndrome are as a result of our activities. This gives hope for both prevention and cure. It is both the employee and employer’s duty to ensure that this is done prior, to avoid the illness:

Employees should wear wrist splints to support their hands while working.

Employees should do physical exercises like stretching their hands.

Employers should give ample time for rest to their employees.

If prevention is done, there is still hope. Treatment is usually done in the affected area. Generally, there are two types of treatment for the condition. The first, the doctor may offer some medications that might include some injections of Corticosteroids to reduce the pain and swelling. The other option is surgery. The surgery involves cutting of ligaments that are attached to the nerve reducing the pressure.

Is Carpal Tunnel Under Workers Compensation Cover?

If the Carpal tunnel you are talking about comes about as a result of work, it’s covered by the company compensation policy. If an employee suffers any work-place related injury, they are worth compensation. However, the employee has to prove that the Carpal tunnel they are complaining about was due to the repetitive tasks done in the company.

Some of them we have discussed above. It is always hard for one to argue with the insurance company that the carpal tunnel you have is work-related if an employee is sufferings from arthritis or diabetes. An employee has to prove by showing that the condition came during work.

How To Win A Carpal Tunnel Workers Comp Claim

According to the company’s insurer, an employee has to undertake a given procedure to claim his/her funds for compensation. Here are the steps:

Confirm that the kind of Carpal Tunnel you are suffering from is covered by workers’ compensation-For you to be eligible for compensation, there must be evidence that the illness came as a result of work like typing. Through the Workers Comp Doctor, this can be proved.

Get Medical help- The condition is causing some symptoms which can be proved through medical records. If you really want to win, you ought to visit a doctor to examine you, and then you can present the medical records proving your condition is true.

Tell the employer in time- After you realize that you are suffering from Carpal tunnel which is work-related, inform your employer as soon as possible. This will prepare them mentally that you will be soon claiming your compensation. Also, they will have time to investigate on their side whether what you are saying is true.

Note down the details-Explain how and when you started to experience that symptom of your syndrome. Submit the details to the employer as well as your attorney if you have one. Do not lie; be honest on every word you say.

Comply with the employer’s requirements- After submitting as much information from the side as you can, some employers will still require you to be accessed by a doctor of their choice. Please do so, and during the examination, be honest. Failure to attend the Independent Medical Exam might result in you losing to have your claim met.

After you follow the above steps precisely, there are very high chances of winning, especially if you have maintained honesty all through.

What Is The Average Workers Compensation Settlement Amount For Carpal Tunnel?

Mostly, there is no definite payout of compensation for Carpal Tunnel. This is because the claims are dealt with on each case separately. However, there are general guidelines that are mostly followed to determine the average compensation settlement for Carpal Tunnel. Basing on the state of the Carpal Tunnel you are suffering from is how they do it.

If the Carpal Tunnel is not extreme, and there is a likelihood of quick recovery (below 2-3 years), the compensation ranges between 1,665 to 9,102 Dollars.

If the symptoms of Carpal Tunnel are likely to exceed three years but won’t last long, the compensation ranges between 11,100 to 13,875 Dollars.

If the symptoms for the Carpal Tunnel you are suffering from are likely to cause permanent impairment and might compromise your employment, the compensation ranges between 18,426 to 19,536 Dollars.

The post What Is The Average Workers Compensation Settlement For Carpal Tunnel? appeared first on Average Settlement Compensation.

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What Is The Average Settlement For Soft Tissue Injury?

via Average Settlement Compensation What Is The Average Settlement For Soft Tissue Injury? http://bit.ly/2W21DCg

If you are looking for the average settlement for soft tissue injury then this article is perfect for you.

In general, a soft tissue injury (STI) refers to the damage done to muscles, tendons, and ligaments. Examples include contusions, abrasions, minor sprains, 1st-degree burns and herniated back disks that can be fixed without the need for surgery. Minor to moderate discomfort from a whiplash injury is a soft tissue injury as well.

Causes Of Soft Tissue Injuries

There are many causes of damage to soft tissue. Most of them are as a result of sudden, unexpected movements that can happen when stepping awkwardly, when playing sports or if one is involved in a road traffic accident.

The hasty change in direction creates a reaction in the body known as muscle splinting. The body’s reaction to muscle splinting is to shut down certain muscle groups, push the nervous system into fight or flight mode and relax the body’s ligaments to handle the impact better.

Handling A Soft Tissue Injury Claim

When you hear the word “soft,” you may assume that the injury is minor, minimal or overblown. But a soft tissue injury is much more serious than a minor injury and can lead to complications if not addressed.

Other than your word, there is no hard proof that you have suffered a soft tissue injury. This is just the reality of the situation, but it’s not the end of the road. You are faced with a larger burden than others when it comes to proving your injuries and medical treatment.

A personal injury attorney that handles car accident cases should be experienced handling soft tissue injury claims. Many factors always determine the value of your case, and as stated above, soft tissue cases are usually met with suspicion by the insurance company for the following reasons:

Lack of evidence: Medical records establish proof of your injury, outline the treatment you have received, and how much you have suffered due to the accident. Without proof of soft tissue injuries, discrediting your claim is easy

History of fraud: Soft tissue injury claims have a history of fraud from people faking sprains, strains, whiplash and all other kinds of soft tissue damage to make easy money.

The right lawyer can help you bolster your case by documenting your injuries, how the injuries have affected your life and what treatment is necessary to overcome the injuries. If your injuries are well-documented and the case is strong, the insurance company will have a difficult time denying your claim.

Average Soft Tissue Injury Settlement

Since soft tissue injuries cover a very broad spectrum, the value of every case differs significantly. A long list of factors determines what one receives in settlement money.

The average payout for soft tissue injuries follows the same basic formula, as victims are looking for compensation for the following types of damages:

Medical bills.

Lost wages/earning potential.

Pain and suffering.

Examples Of Soft Tissue Injury Payouts

The following are actual real-life examples of soft tissue injury settlements:

$150,000 awarded as a settlement after the defendant suffered a serious injury to her knee in a car accident. Her ability to perform physical activities was significantly impacted by accident.

$100,000 awarded as settlement for the victim of a cervical strain in a T-bone auto collision with a drunk driver.

$80,000 awarded by jury verdict for a senior woman who was a passenger in a vehicle that was rear-ended. She suffered a herniated disc and whiplash.

$35,000 settlement awarded to a man who was rear-ended at a stop light and suffered serious whiplash.

Consult with an experienced personal injury attorney to discuss the specifics of your soft tissue injury claim to get a better idea of what your injuries are worth.

The post What Is The Average Settlement For Soft Tissue Injury? appeared first on Average Settlement Compensation.

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What Is The Average Settlement Amount For Rotator Cuff Surgery Repair?

via Average Settlement Compensation What Is The Average Settlement Amount For Rotator Cuff Surgery Repair? http://bit.ly/2Q1Nujd

If you are finding the average settlement for rotator cuff surgery repair then this is the perfect article for you.

The rotator cuff is the group of muscles and their connected tendons that hold a shoulder joint in place and stabilize it, attaching the shoulder blade to the humerus and covering its head.

A rotator cuff injury is tear or strain of those muscles, tendons and the joint capsule that stabilize the shoulder. Usually associated with sporting incidents with repetitive movements, a rotator cuff injury can also be suffered in vehicular accidents or just by falling on your arm or lifting something heavy. However, most rotator cuffs injuries are degenerative, as the tendons wear and break down over time.

Treatment

Treating most rotator cuff injuries involve managing the pain associated with the injury and restoring as much motor function as possible. This includes rest from injurious actions, the use of anti-inflammatory medications and physical therapy

Corticosteroid injections with a local anesthetic also help in some cases, mostly used when the more conventional treatments have not shown any tangible results.

Surgery of the shoulder may be required if patients suffered a large or full thickness tear. Mostly reserved for the younger patients, or if the symptoms have persisted long term or the patient develops significant weakness and poor function.

Open Surgery

If the injury is large and complex, a traditional open surgical incision is usually the standard course of action. The doctor operating creates an opening over the shoulder to detach a deltoid (shoulder muscle) for better visibility and to easily access the torn tendon.

During an open repair, the surgeon usually performs an acromioplasty. This is a procedure where the surgeon excises the bone spurs from the underside of the acromion.

An open repair may be a good option if the tear is large or complex or if additional reconstruction, such as a tendon transfer, is necessary but new technology and improved surgeon experience developing over time have created safer, less invasive procedures.

Arthroscopy

An arthroscopic repair is a procedure where the surgeon inserts a small camera (arthroscope) into the shoulder joint. The images recorded are displayed on a TV screen which aids the surgeon in guiding miniature surgical instruments to repair the damage.

As always when surgery is required, complications may arise. Patients may develop nerve injuries, infections, deltoid detachment, stiffness or loss of motion and risk re-tearing the tendons.

Settling The Claim

Estimating the value of any claim will always be contentious. According to New Choice Health, $21,800 is the average cost of rotator cuff surgery repair in the US, not including the additional costs from physical therapy, medications or follow-up visits.

Beyond the statistics, there are several other factors which can highly affect your claim’s value. Here are some of them:

Was your accident with a commercial or a passenger vehicle?

Did you immediately seek medical treatment?

Did your injuries make you not to return to work?

What does the police report say?

Would the other party likely be found culpable in a trial?

Jury Settlements

Juries tend to consider various factors when awarding settlements. Some examples include:

$757,000 settlement for shoulder injury caused by a car accident that resulted in the loss of earning capacity.

$300,000 settlement for plaintiff suffering torn tendons and rotator cuff after a car accident.

$190,000 verdict for a plaintiff suffering a torn rotator cuff on a non-dominant hand as a result of a bus accident.

$65,000 verdict for a plaintiff who fell in a store and fractured various bones at the shoulder joint.

$0 verdict – for a plaintiff under the influence of alcohol and stumbling into the street when struck by a car.

Conclusion

These settlements are just salves compared to the pain and suffering endured by these patients. Safety should be the primary concern.

The post What Is The Average Settlement Amount For Rotator Cuff Surgery Repair? appeared first on Average Settlement Compensation.

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What Is The Average Settlement For A Broken Arm?

via Average Settlement Compensation What Is The Average Settlement For A Broken Arm? http://bit.ly/2PWl4qG

If you are thinking to yourself what is the average settlement for broken arm then this article will address that for you.

The arm is the limb connected to your shoulder that extends to the elbow (upper arm) and extends from the elbow to the wrist (lower arm).

The upper arm consists of the humerus surrounded by numerous muscles, tendons, and ligaments. The muscle group called biceps are located on the inside of your upper arm, and the group called triceps are located on the outside of the upper arm.

The forearm also consists of numerous muscles, tendons, and ligaments but it has two bones, not one. The bigger bone is called the ulna, and the smaller bone is called the radius.

Causes Of A Broken Arm

An assortment of injuries causes a broken arm. The most common tend to be:

Work accidents

Road traffic accidents

Falls as a result of slips & trips

Effects Of A Broken Arm

Given the necessity of arms in everyday life, a broken arm is a major inconvenience. It renders you unable to work, drive, clean up, exercise or care for your family.

There’s also the pain and suffering one must endure as the bone heals, not too mention the medical costs of treating the injury and medication to manage pain and prevent infections. Medical negligence when treating the broken arm can also increase one’s pain and suffering.

Types Of Compensation For A Broken Arm

The two major types of compensation for a broken arm.

Pain and suffering compensation: This compensation describes what the injury is worth. A medical expert will likely be instructed to complete a medical report that will detail the extent of the injuries, how long it will take for pain symptoms to resolve and the likelihood of future compensations

Financial losses and expenses:

This compensation describes the financial situation the injury has put you in. Taking time off work to heal from a broken arm could result in a significant loss of income. Medical expenses like pain killers and antibiotics could become incredibly draining on your finances. Traveling to the hospital to see a doctor for treatment and follow-ups will also have a significant effect on your funds. If the injury was serious enough for you to require nursing assistance, that would not be cheap.

Examples Of Compensation For Broken Arm Injuries

The following are some real-world settlements in injury cases involving broken bones:

A $197,500 settlement was awarded for a broken humerus when the patient slipped and fell in a Courtyard Marriott bathtub

A $30,000 settlement was awarded for a fractured humerus when a child slipped and fell off a loose bench in Lauderhill, Florida

$10,000 was awarded to a patient who was struck by a car when using a crosswalk in Little Havana, Miami.

$ 471,000 was awarded for a broken humerus and a fractured elbow as a result of a motor vehicle accident.

$320,000 was awarded to an independent day laborer for a compound humerus fracture.

Settling A Broken Arm Case

Cases like these revolve around liability, who was at fault. With regards to road vehicle accidents, liability is usually easy to pinpoint and, as a result, these cases settle quicker. Slip and fall cases are much more contentious because the defense can argue human error as a cause of the accident. Thus, these cases, on average, take much longer to settle.

It is always best to seek legal counsel before proceeding with any legal action with regards to lawsuits on broken arm injuries.

The post What Is The Average Settlement For A Broken Arm? appeared first on Average Settlement Compensation.

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What Is The Average Settlement Amount For Mold?

via Average Settlement Compensation What Is The Average Settlement Amount For Mold? http://bit.ly/2W07urY

If you are looking for the average mold settlement then here is the perfect place for you. So stay on!

Mold spores tend to be present almost everywhere in nature. Some mold species are used in the creation of milk, soy sauce, citric acid, and penicillin.

Effect Of Mold On The Human Body

Some mold species are harmful to human health and wellness. When these molds are inhaled over long periods, they can trigger immunological reactions. This causes flu-like symptoms like congestion, pneumonia, headaches, achy joints and fatigue. Many of the symptoms of a mold infection are the result of the body’s mobilization of its immune system to fight mold exposure. Some medical studies have concluded that long term exposure to toxic molds can lead to “hyperimmune” reactions causing chemical and other environmental hyper-sensitivities.

Effect Of Mold On Buildings

When certain organic building materials are exposed to water, particularly in the dark, warm environments mold can grow on them, particularly on drywall and wood that has been exposed to significant moisture over time. Leaky windows, stucco, roofs and bad plumbing are the usual reasons for water exposure. Over time, mold can grow through the drywall and present as discoloration on interior walls. Also, poor exterior drainage can cause water saturation of a slab foundation, which can lead to mold growth on interior flooring and walls.

Mold Settlement Suits

For homeowners and renters, settlements avoid the uncertainty of a jury verdict, especially considering the complexity of proving fault. Settlements also sidestep the considerable legal costs involved in such cases, such as medical experts and lab testing. Defendant owners and landlords, likewise, typically prefer the finality of settlements and the lack of negative media publicity that would result from a verdict.

Mold Lawsuit Settlements: Examples

Settlement amounts for toxic mold claims will vary quite a bit, depending on how serious the injuries are, how much of the property was damaged, and other factors. The following settlement examples indicate a general idea of what to expect:

Broward County Courthouse, Florida (2013) — Former Florida prosecutor Stefanie Krathen Ginnis, who claimed that mold exposure at the Broward County Courthouse caused severe sinus problems, received a $166,500 settlement from the county (19 current and former county employees have filed suit for mold-related illnesses).

Baxter Healthcare Corp. North Cove Plant, North Carolina (2017) — Baxter International agreed to a $2.158 million civil settlement (in addition to criminal penalties of roughly $16 million) for ignoring an employee’s warning that mold was found in air filters in a room where sterile intravenous solutions are manufactured. No injuries related to the mold were reported

Crenshaw Lumber Co., California (2005) — The parents of Kellen Gorman received a $13 million settlement from Crenshaw Lumber Co., for failing to store lumber used in the plaintiff’s home properly. The wooden studs were blamed for spreading toxic mold to the Gorman’s home and causing serious brain damage to their child (who will need 24-hour care indefinitely)

Conclusion

The effects of mold on health and property are significant and the cause of much controversy. Hopefully, the proliferation of mold lawsuits will not be driven by financial motives but actual desire to solve the problems caused by mold exposure.

The post What Is The Average Settlement Amount For Mold? appeared first on Average Settlement Compensation.

by https://averagesettlementcompensation.com

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What Is The Average Settlement Amount For A Broken Hip?

via Average Settlement Compensation What Is The Average Settlement Amount For A Broken Hip? http://bit.ly/2W06pQW

  If you are looking for the average settlement for broken hip then this is the right place for you.

A broken hip occurs when the upper quarter of the femur experiences a break or a fracture.

Causes Of Hip Breaks And Fractures

A broken hip can be caused by many factors:

Slips and falls, especially to the side.

Road vehicle accidents.

Workplace accidents

Other things that increase the likelihood of fracturing your hip include

Being underweight

Calcium and vitamin D deficiency

Osteoporosis

Insufficient exercise

Alcoholism

Smoking

Effects Of Hip Breaks And Fractures

Hip injuries rank high among the most inconvenient injuries one can receive. The debilitating pain from a fractured or broken hip greatly impedes ones’ movement, making mobility difficult, if not impossible. Basic activities like sitting or sleeping become aggravating due to injuries sustained to the hip.

Hip fractures and breaks are also associated with an abnormally high mortality rate. Many individuals with broken hips usually pass away within the year following the injury. Some die during the initial hospitalization or surgery. This is likely due to other factors that surround hip injuries, for instance, as people age, their bones grow more brittle and hollower, which makes them more susceptible to injury. Osteoporosis may contribute to these issues.

Additionally, these injuries often happen in nursing homes, slip and falls, and motor vehicle accidents, all of which are much more fatal if you are older and in less stable health. Further, the older you are, the more likely it is that you will earn more than the average settlement value for hip fracture settlements. Less time, opportunity, and ability to recover after an injury generally boost the compensation you can earn.

Examples Of Compensations For Hip Injuries

Here are some real-world examples which show the range of actual settlements and verdicts recovered by hip injury victims:

$6.6 million verdicts awarded to a woman who suffered hip, thigh, and back injuries after leaping from a burning building.

$1.4 million settlement received by a blind woman who suffered a hip fracture after she slipped and fell on a puddle from the leaking ceiling of her condo.

$450,000 verdict awarded to a man who suffered hip, knee, back, neck, and shoulder injuries after being hit by a truck.

$400,000 settlement received by a man who required surgery after a workplace injury worsened his existing hip condition.

$225,000 settlement received by a woman who broke her hip by tripping over a clothes hanger at a major department store.

$200,000 settlement received by a man who suffered back, hip, and leg injuries while performing his job duties

Settling A Broken Hip Case

Cases like these revolve around liability, who was at fault. When dealing with road vehicle or workplace accidents, liability is usually easy to pinpoint and, as a result, these cases settle quicker. Slip and fall cases are much more contentious because the defense can argue human error as a cause of the accident. Thus, these cases, on average, take much longer to settle.

It is always best to seek legal counsel before proceeding with any legal action with regards to lawsuits on broken arm injuries.

The post What Is The Average Settlement Amount For A Broken Hip? appeared first on Average Settlement Compensation.

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What Is The Average Settlement Amount For An EEOC Claim?

via Average Settlement Compensation What Is The Average Settlement Amount For An EEOC Claim? http://bit.ly/2HfjLQT

If you are wondering what is the average EEOC settlement amount then you have come to the correct place.

The U.S Equal Employment Opportunity Commission is a federal agency that is tasked with the administration and enforcement of civil rights laws against workplace discrimination. They are mostly involved with wrongful termination suits.

When a case has been completed, and an award has been provided, the aggrieved party must determine if this is worth settling the case for or if additional monetary support is needed. In many instances where these claims arise, the plaintiff is unemployed and must seek work elsewhere. This may also cause additional complications when there is are no references in finding new employment. As such, financial assistance is required, and the settlement offer may not be enough.

Types Of Employment Claims

The EEOC investigates numerous complaints. The following are the most common types of cases handled by the EEOC:

Discrimination (based on race, gender, nationality, religion, age, disability, etc.)

Sexual harassment

Whistleblowing

Disabilities

Breach of Contract

Invasion of Privacy

Negligent Hiring, Promotion, Supervision, and Retention

Emotional and Mental Distress

Retaliatory Actions

Cost Of Employee Claims

Employees can be awarded punitive damages and other non-pay-based relief in addition to damages of lost compensation. An average out of court settlement is about $40,000. Also, 10 percent of wrongful termination and discrimination cases result in a 1 million dollar settlement. Sixty-seven percent of most cases are ruled in the plaintiff’s favor when taken to litigation.

Also, litigation costs are on the rise. In 2008, the mean cost of litigation was $115 million, an increase of 73 percent from $66 million in 2000. This marks an average increase of 9 percent each year.

Examples Of EEOC Cases

The following are a few of the notable cases handled by the EEOC

A jury awarded $200,000 in punitive damages to three former employees of AA Foundries in a racial harassment lawsuit filed by the Equal Employment Opportunity Commission (EEOC).

Over $1.4 million awarded by a jury to two employees of Seattle City Light in a hostile work environment lawsuit filed by the Equal Employment Opportunity Commission (EEOC).

$250,000 in damages and back pay was awarded to a former manager of Benny Boyd Ltd in a disability lawsuit filed by the Equal Employment Opportunity Commission (EEOC).

A former employee of Swissôtel Employment Services L.L.C. and Swissôtel Chicago, Inc. was awarded $90,000 in monetary damages and injunctive relief in a hostile work environment lawsuit filed by the Equal Employment Opportunity Commission (EEOC).

A disability discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC) on behalf of a floor attendant of Luby’s Inc. resulted in settlement of $90,000 in monetary damages and injunctive relief as well as $60,000 in attorney’s fees.

A hostile work environment lawsuit filed against the U.S. Postal Service resulted in settlement of $45,000 and $75,000 in non-pecuniary compensation damages for each of the seven employees involved in the lawsuit.

Conclusion

Given the technical nature of employment discrimination, not having employment lawyers when filing a claim will make prosecution difficult. It is important to have an employment lawyer working with your EEOC complaint to ensure your claim is strong and your opportunity to recover from the harm caused by your employer is not limited.

The post What Is The Average Settlement Amount For An EEOC Claim? appeared first on Average Settlement Compensation.

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What Is The Average Settlement Amount For Neck Fusion?

via Average Settlement Compensation What Is The Average Settlement Amount For Neck Fusion? http://bit.ly/2Jl7yN9

If you are looking for the average settlement for neck fusion then be sure to read till the end of this page.

The neck is the part of the spinal column that connects the head to the shoulders and begins the spinal cord. It’s not very strong and can be easily injured in falls and accidents.

If your neck is injured and requires surgery, a surgery called an arthrodesis, aka cervical spinal fusion or neck fusion may be performed.

Procedure

The surgery connects certain bones located in the cervical spine, aka the neck. There are various methods of performing this procedure

Tissue from other bones in the body can be used to form a bone graft that will make a bridge between adjacent vertebrae. The graft stimulates the growth of new bone. Artificial fusion materials could be used if organic bone cannot be used.

Screws and rods can hold the spinal bones collectively.

Nearby vertebrae can be held together when metal plates are attached to the bone.

The spine can be fused after a vertebra is removed.

A discectomy (removal of a spinal disc) is performed, and a bone graft is inserted to fuse the vertebrae.

Reasons For Neck Fusion

There are health considerations that require neck fusion surgery. These include:

Stabilizing the neck after an injury to prevent paralysis.

Treating spinal conditions such as misalignment of the vertebrae

Follow up treatment for conditions such as spinal stenosis, a herniated disk, rheumatoid arthritis, a tumor, an infection or spinal deformities.

Effect Of Neck Fusion

Neck fusion surgery is inherently risky because of where the surgery must be performed and, after the surgery is performed successfully, motion is severely hindered. There is also a chance of experiencing decreased strength and saturating pain in the neck. Given that the surgery can be performed through either the front or the back, each incision site could take a significant amount of time to heal and has potential to develop infections and other complications.

Injury Suits Due To Neck Fusion

If another party was negligent or responsible for your injuries, you have recourse for monetary compensation for your injuries.

The injury’s harshness and its effects your livelihood will aid in the valuation of the case. If the injury forced you to rack up huge debts, you might be able to receive a large settlement. You can receive compensation for:

Medical Expenses: This includes surgery, hospitalization, ambulance fees, medication, and physical therapy and can be covered from both the past and future for any additional treatments.

Lost Wages: They will need to be recovered if you miss or must miss work due to an injury or due to recovery or further medical assistance.

Pain and Suffering: If one suffers non-economic damages, like PTSD, anxiety, or phobias that affect the mind as opposed to the body, compensation can be awarded.

Examples Of Neck Fusion Cases

The following are examples of cases which involved neck fusion surgery

A $6,500,000 judgment was awarded to a man fitting a water heater underground. An explosion occurred and injured him so badly he needed fusion surgery.

A $660,000 settlement was given to a middle-aged man involved in a road vehicle accident. His injuries were significant and required cervical fusion.

A $320,000 judgment was awarded to a senior man who slipped on the icy ground in a parking lot and needed a 4-level anterior cervical discectomy and fusion.

A utility worker who suffered neck damage and required cervical fusion surgery after a road vehicle accident was awarded a $537,000 settlement.

A young man hit by a negligent road user needed two surgeries, including fusion and received a $775,000 settlement.

Conclusion

The pain caused by neck fusion surgery can only be soothed by a favorable verdict so consult a lawyer before proceeding with any legal action.

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What Is The Average Settlement Amount For A Whistleblower?

via Average Settlement Compensation What Is The Average Settlement Amount For A Whistleblower? http://bit.ly/30aCDbf

If you are looking for the average whistleblower settlement then this article will address that for you.

A whistleblower is a term that refers to an employee who reveals and reports his/her employer’s illegal actions. They expose fraud, corruption, threats to public interest and safety, threats to national security, law violations and company policy violations.

When alleged wrongdoing is discovered by a whistleblower, he/she might:

Internally report the incident to other people within the organization,

Externally report the incident to law enforcement authorities or

Externally report to the media, publicizing the information to all

Consequences of Whistleblowing

Unfortunately, there tend to be negative repercussions for whistleblowing. Unfavorable employer actions like…

Suspension

Blacklisting

Demotion

Denied promotion

Threatening and

Wrongful termination

…are just a few of the impacts some whistleblowers endure.

Legal Protections For Whistleblowers

Fortunately, numerous state and federal laws exist to protect whistleblowers. The United States False Claims Act of 1863, the oldest US whistleblowing laws still in use today, encourages whistleblowing of fraud against the government by promising a percentage of the money recovered.

With retaliation due to whistleblowing claims, the following damages may be awarded:

back pay reinstatement or front pay

pain and suffering

attorney’s and court costs

out-of-pocket costs

Back pay

punitive damages

Some informant claims, where the wrongdoing by a private company was especially large, are worth millions of dollars to the employee who “blew the whistle.” SEC whistleblowers are entitled 10% – 30% of the money recovered from the success of facilitated by their actions.

Whistleblower Cases In Court

In court trial cases are very common in whistleblower cases. The employee who alerted the authorities and the media to the company’s wrongdoing must usually immediately deal with retaliation against him/her by being terminated, and a lengthy period of litigation commences.

Also, whistleblower retaliation settlement amounts hardly ever reach the public eye, so here are a few example cases of the average whistleblower case awards:

Charlie Littleton, a former jail administrator, received $187,000 from Bastrop Country, Texas for “blowing the whistle” on several county employees who were using inmates to build barbecue pits to be sold for profit and were also improperly using county funds and equipment.

Sarah Missy McCray was paid $500,000 by the state Transportation Cabinet in Kentucky and was reinstated to a new state job after she exposed a merit system scandal during a former governor Ernie Fletcher’s administration, testified against the organization before a grand jury and was wrongfully terminated.

Dr James Tiesinga was given roughly $300,000, after blowing the whistle on his former employer, Dianon Systems Inc for defrauding the government and billing Medicare for unnecessary sample testing. Dr Tiesinga was entitled to a portion of the money recovered by the government due to his actions. This was done under the False Claims Act. The company, Dianon Systems Inc, eventually settled the case for $1.5 million to resolve all the allegations, and the whistleblower’s share is believed to be approximately $300,000.

Conclusion

If you gain knowledge of any wrongdoing at your place of employment, think carefully about how to proceed. Whistleblowers have been known to go bankrupt in the years following their actions, even though they were in the right. It is best to consider the case with a good lawyer, know your legal rights and all legal issues about the alleged action and seriously consider the repercussions of your actions.

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