Roundup® Lawsuits Update

As Bayer^® is aggressively pushing for a settlement deal to end future Roundup^® lawsuits, there may not be much time left for potential claimants to step forward. Read our blog to learn the newest developments in the ongoing Roundup^® controversy and the legal battle against its manufacturer.

Over the years, the Monsanto Company, later acquired by Bayer^®, has been no stranger to controversy. From Agent Orange to genetically modified or GMO crops, the American agrochemical and agricultural giant has been directly involved in some of the fiercest debates of the last few decades. This has led to successful litigation against the company; at times, the controversies even stirred relentless public outcry and massive protests around the globe.

As the world enters the third decade of the 21st century, the now 119-year old company continues to be marred by controversy and plagued by legal action. We have already reported on Monsanto-related lawsuits twice on this blog.

In April 2019, we reported on a high-profile case in which the company was ordered to pay $80 million in damages to a California resident. The jury of that trial felt that there was enough evidence to support the plaintiff’s allegations that regular exposure to Roundup^®–a popular weed killer and one of Monsanto’s flagship products–had led to his developing cancer.

Then, in September the same year, we mentioned in our blog that Bayer^® was involved in talks to settle more than 18,400 lawsuits likewise alleging the Roundup^®-cancer link.

Since then, the controversy involving Roundup^® and the resulting legal action against Monsanto has only gained momentum. In this blog, we provide a brief update to the ongoing Roundup^® lawsuits and will remind you of the legal steps that may be taken if you feel that your health may have been adversely affected by long-term Roundup^® use.

Does Roundup^® Cause Cancer?

Roundup^® is a widely-used herbicide, or weed killer, with the main ingredient of glyphosate, a potent chemical. In recent years, glyphosate’s possible harmful effects on humans have been highly publicized. For example, in 2015, the World Health Organization declared glyphosate to be “probably carcinogenic to humans” which means that it may cause cancer.

In 2017, California lawmakers decided to include Roundup^® in the list of dangerous substances in Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act of 1986. Under this law, businesses must inform citizens about potential exposure to glyphosate. Meanwhile, a few scientific studies have found “a compelling link” between high exposure to glyphosate-based herbicides and a certain rare and dangerous category of blood cancers called Non-Hodgkin Lymphoma.

However, both the legislative decisions regarding glyphosate and the scientific findings on which they are based remain highly controversial. According to certain specialists, at least some Roundup^® studies which show a possible connection between glyphosate and increased risk of Non-Hodgkin Lymphoma are seriously flawed. The US Environmental Protection Agency or EPA, a body dedicated to protecting human health and the environment, maintains that glyphosate doesn’t cause cancer.

Thus, Bayer^® itself also denies that Roundup^® or its active ingredient glyphosate causes cancer, attesting to the fact that studies have repeatedly shown that the substances in Roundup^® are safe for humans.

Ongoing Roundup^® Litigation and Settlement Talks

Still, tens of thousands of people have alleged that long-term use of Roundup^® and the resulting exposure to glyphosate has caused them to develop Non-Hodgkin Lymphoma. The number of individual lawsuits against Bayer^® has now reached a staggering number of 125,000 cases.

Despite the controversy over whether or not glyphosate may increase cancer risk, three consecutive juries have previously sided with plaintiffs and ordered Bayer^® to pay unusually high compensation amounts:

• In 2018, a jury awarded a terminally ill cancer patient Dewayne Johnson $289 million in damages, while a judge later reduced the award to $78 million.
• Mid-2019, a Sonoma County resident by the name of Edwin Hardeman was awarded $80 million in damages by a jury in San Francisco. The amount was later reduced to just over $25 million.
• In May 2019, Bayer^® was ordered to pay a record-high $2 billion to Alva Pilliod and his wife, Alberta Pilliod. Both had used Roundup^® since the 1970s and developed Non-Hodgkin Lymphoma. The couple’s award was also cut on appeal to $86.7 million.

Since 2019, the number of individuals claiming that Roundup^® use has caused or contributed to the development of Non-Hodgkin Lymphoma has been steadily growing. However, further trials were postponed when Bayer^® engaged in settlement talks earlier this year. By late May, it was reported that the company has made a verbal deal for a settlement that would cover up to 85,000 individual lawsuits.

Under the settlement, Bayer^® would pay the combined amount of $10 billion to plaintiffs while claiming no liability and retaining the right to sell Roundup^® without any safety warnings. In addition, the plaintiff’s attorneys would have to agree to stop taking new cases or advertising for new clients in relation to Roundup^®.

The latest legal developments in the ongoing Roundup^® controversy may mean that there is not much time left for individuals who may have developed cancer after prolonged exposure to glyphosate to come forward and initiate legal action. It may be prudent, then, to discuss your options with a lawyer as soon as possible.

The post Roundup® Lawsuits Update appeared first on Personal Injury Lawyers Hughes & Coleman.

What is Bad Faith of the Insurer

Is your insurance company uncooperative or unreasonable? Rather than a mere inconvenience, it may be a sign that your insurer is acting in bad faith to try to evade their contractual obligations. Read our blog to learn how to recognize bad faith and how you can protect yourself from it.

The way insurance works is (in theory) relatively simple. You commit yourself to paying your insurance company regular payments called premiums in accordance with the terms of your policy. In exchange, the company commits to providing insurance coverage–or in other terms, it promises to pay for certain expenses and losses that you may sustain as a result of an accident covered by the policy. 

When the insurer and the insured enter into a contract together, it is expected that both will act in good faith. For the latter, it means that they will only file valid and truthful claims for the losses covered under the policy. For the former, that is, the insurer, they must uphold the policy and pay any valid claims to the insured.

On the other hand, if you have ever been in a situation where you filed an insurance claim and expected a swift and effective payment of compensation, you may be aware that the reality is rarely that simple. Unfortunately, every compensation payout directly affects an insurance company’s bottom line. In other words, the more an insurer pays for claims, the less profit they are able to turn.

That’s why before securing the payout of a claim, you have to go through a complex insurance claim payment process. This process involves a lot of paperwork, a good deal of back-and-forth with the insurer, and a fair amount of negotiations with the insurance adjuster. 

Unfortunately, to save their bottom lines, some insurance companies may resort to dishonesty and unfair practices at any stage of the process. The legal term to describe such dishonest conduct is insurance “bad faith.” In this article, we will explain what this term exactly conveys, how you can recognize it, and what steps you can take to protect yourself from it.

Recognizing Insurance Bad Faith in Kentucky and Tennessee

To understand the concept, it is first important to recognize that not every situation in which the insurer denies a seemingly valid claim will qualify as bad faith. In fact, what constitutes an insurer’s bad faith is often strictly defined by the laws of the state in question. 

Kentucky

In Kentucky, state law stipulates three basic conditions that must be met for a bad-faith lawsuit to prevail. These conditions are:

• “The insurer must be obligated to pay the claim under the terms of the policy”
• “The insurer must lack a reasonable basis in law or fact for denying the claim”
• “It must be shown that the insurer either knew there was no reasonable basis for denying the claim or acted with reckless disregard for whether such a basis existed”

In addition, Kentucky statutes exemplify circumstances and actions that would constitute “unfair claims settlement practice.” If an insurance company engages in this, you may have valid reason to file a lawsuit against them. 

Examples of unfair claim settlement practice include: 

• Misrepresentation of how the provisions of insurance policy relate to the insured person’s losses and his or her right to coverage
• Being uncooperative–For example, by failing to acknowledge and promptly respond to the communications from the insured person and his or her claim
• Refusing to pay claims without conducting a thorough investigation
• Failing to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed
• Attempting to settle claims on the basis of an application which was altered without notice to, or the knowledge or consent of, the insured
• Denying a claim without a reasonable explanation or without providing a legal basis for the denial based on the insurance policy or applicable laws

Tennessee

Similarly, Tennessee state laws contain appropriate statutes regarding bad faith practices. The Tennessee Code defines acting in bad faith as a “failure to pay promptly.” Specifically, this means that if an insurance company refuses “to pay the loss within sixty (60) days after a demand has been made,” it may be liable for up to 25 percent of the loss amount on top of the actual loss. 

The Tennessee Code also includes the Unfair Trade Practices and Unfair Claims Settlement Act of 2009 that provides certain guidelines for how insurance companies should process and handle claims. However, it is important to note that this act alone doesn’t allow for a private right to action–in other words, it doesn’t provide a legal basis for individuals to introduce lawsuits against insurance companies.

What to Do if You Suspect Bad Faith in Kentucky or Tennessee

If you suspect that your insurer is acting in bad faith, you must act decisively:

1. First, document all your communications with the insurance company and their representatives–especially the insurance adjuster. 
2. Second, make sure you yourself are in compliance with all the provisions of your insurance policy when making a claim. Both actions will give you a solid basis for making bad faith claims and may also serve as evidence in case of a potential lawsuit.
3. The next step would be to inform the insurer that you are suspecting bad faith. You may try to first do it orally in a conversation with the insurance adjuster. If that strategy doesn’t produce any results in terms of a change in the insurance company’s treatment of your claim, you should also send your insurer a letter containing a formal, written accusation of bad faith. 

In your letter, you should provide the most pertinent details of your claim, including its number and the date of the accident. You may also provide a short description of your losses and a summary of the negotiations with the insurance adjuster up to this point, along with an explanation of why you are accusing the insurer of acting in bad faith.

Such a letter may prompt the insurer to reconsider their current strategy and behavior towards your claim and may result in a favorable outcome. If it doesn’t, you should weigh your options carefully. 

You must bear in mind that bad faith lawsuits are legally complex and difficult to win, so it may be disadvantageous for you to proceed with legal action on your own. Instead, it may be wise to contact a lawyer experienced in handling bad faith claims to inquire about your options.

The post What is Bad Faith of the Insurer appeared first on Personal Injury Lawyers Hughes & Coleman.

Coronavirus Series: How Will the Pandemic Affect My Claim? – Part II

All of us have been affected by the pandemic caused by the novel coronavirus. In this series of articles, we present helpful information that can help you and your family stay safe. We also try to answer the most pressing questions our current and potential clients may have regarding how this outbreak may affect their personal injury claims.

In the first part of this article series, published last week, we discussed the challenges related to obtaining medical attention and ongoing treatment that accident victims may face during the current COVID-19 pandemic. We also presented some practical solutions and steps that you can take to overcome these challenges.

This week, we analyze two more aspects of the personal injury claim process that may be affected by the current outbreak. We also present reasons why you do not have to feel compelled to abandon your pursuit of compensation or even postpone it after the pandemic is over. If you have a valid personal injury claim, there is always another option.

Your Claim Resolution Options

You may feel compelled to settle your claims quickly due to both external and internal factors. For one, insurance companies, like other businesses, are forced to operate in an increasingly uncertain and challenging economic environment. It is projected that the insurance industry as a whole will suffer significant losses in relation to various events caused by the pandemic. 

Thus, many insurance companies are forced to protect their profits now more than ever. It is easy to foresee, then, that at least some insurers will negotiate injury claims more aggressively to increase their profit margin. For example, they may also try to exercise increased pressure on the injury victims to settle fast for an amount far below the actual value of the claim.

If you are an accident victim, you are likely experiencing an even greater economic strain not only due to the looming recession but accident-related financial losses as well. That’s why anyone who has filed a personal injury claim may be more willing to accept a settlement even though its terms are less than fair. You may simply feel that you need money right away and don’t have time to wait for negotiations or a trial.

Such concerns are understandable. Yet, accepting a settlement in the early stages of negotiation almost invariably results in a loss for the injured party. That’s why, before making any decision with regard to the future of your claim and its resolution, you should always consult a lawyer first. Together, you will be able to find the best possible solution available in your circumstances.

Affecting Court Operations

Due to social distancing measures as well as the decisions of state and local governments, many courts have had to adjust their operations and aren’t processing claims at their regular speed. This may mean significant delays for your personal injury case. The consequences may also include some unexpected rescheduling or cancellation of hearings or conferences.

On the other hand, the courts are not completely closed. They may choose to continue with your case at this time, even though you may be unable to appear in court in person. For example, in one recent yet prominent legal case involving the defective drug Zantac®, the overseeing judge decided that the litigation will proceed despite complications caused by the pandemic. To achieve that, various activities related to the lawsuit will be held over a video conference. Other courts may start applying similar measures as events continue to unfold.

You Don’t Have to Put Your Personal Injury Claim On Hold!

There’s no doubt that all of us are facing a situation of increased uncertainty and hardships. Due to all potential complications that may arise as a result of the pandemic, you may feel compelled to discontinue your claim, or you may be discouraged from filing a new claim for injuries you suffered during the outbreak.

These feelings are natural. In reality, however, there are still viable and effective ways to conduct a personal injury claim safely and successfully even as this pandemic is in its full swing. Hughes & Coleman Injury Lawyers remain fully operational and ready as ever to represent our current and potential clients. We have taken all possible measures to ensure the safety of both our staff and our clients. For now, our staff members are all working remotely, but our availability and the quality of our services have not been affected.

To obtain more information on how we are complying with the current guidelines and recommendations set forth by the Centers for Disease Control and Prevention and our local governments, read the regular updates we are providing on this page. There, you will also find information on how we are prepared to handle your personal injury cases during this pandemic.

The post Coronavirus Series: How Will the Pandemic Affect My Claim? – Part II appeared first on Personal Injury Lawyers Hughes & Coleman.

Coronavirus Series: How Will the Pandemic Affect My Claim? – Part I

All of us have been affected by the pandemic caused by novel coronavirus. In this series of articles, we present helpful information that can help you and your family stay safe. We also try to answer the most pressing questions you may have regarding how this outbreak may affect your potential and ongoing personal injury claims.

As the novel coronavirus pandemic enters its fifth month in the US (at the time of the writing of this article), we see more and more areas of our life being impacted. Each and every one of us has had to adjust our daily routines and cherished personal habits. A fortunate few were able to adapt to working online. Meanwhile, tens of millions have sadly lost their jobs due to the unfolding economic downturn and were forced to file for unemployment benefits. Our heart goes to each member of our community who has been adversely affected by this global health crisis.

As personal injury lawyers, we are keenly aware that this pandemic poses unique challenges to ongoing and potential injury claims. We recognize that social distancing measures, as well as the limited availability of certain medical products and services, may add greatly to the uncertainty we’re all facing. However, we are glad to confirm that we have been able to remain fully operational even as we continue to follow the updated guidelines and recommendations set forth by the Centers for Disease Control and Prevention and our local governments.

Still, if you have sustained injuries in accidents caused by another party–either during or before the current coronavirus outbreak–you may wonder how to proceed with your claim under these circumstances. Or you may be unsure whether it is even possible to successfully introduce a claim at all. 

In this article, we aim to address such doubts, answer any immediate questions which our current and potential clients may have, and provide helpful advice in these uncertain times. We will focus on three major areas in which your injury claim may be affected.

How Continued Treatment Impacts Your Claim

After an accident, every injured person’s priority is to recover and reattain full health and physical capacity as soon as possible. In many cases, this is achieved by initial treatment received right after the accident and long-term care and rehabilitation. 

Maintaining the continuity of your medical history is of tantamount importance from the perspective of a personal injury claim for at least the two following reasons. 

Maximum Medical Improvement

First, it is often impossible to bring a claim to its successful resolution before you have achieved maximum medical improvement (MMI). This legal term describes a point in treatment where your condition cannot be further improved. 

Only after your health has reached this stage will your attorney be able to accurately calculate the monetary value of all the losses sustained and estimate the complete worth of your injury claim.

Continuity of treatment

Second, continuity of treatment is an important element of a strong injury claim. If you choose to stop seeking medical attention after the accident or discontinue treatment before its completion, the lawyers of the at-fault party will likely try to exploit this fact. 

For example, they may argue that your injuries weren’t in fact that serious or that their supposed impact on your life is being exaggerated to maximize compensation. Therefore, maintaining continuous treatment and ensuring that your medical history is well-documented will prove to be essential in countering such arguments.

How to Preserve the Continuity of Your Treatment and Medical History During a Pandemic

Unfortunately, due to the outbreak of COVID-19 across the country, obtaining certain kinds of treatment and preserving the continuity of medical history might be a challenge. Many hospitals have reached their maximum capacity due to the influx of patients with coronavirus. Other medical facilities in areas that haven’t been hard may still be turning down patients requiring non-critical care as they’re not only trying to practice social distancing but also are gearing up to receive more patients in the coming weeks.

For these reasons, you may struggle to reach MMI when you find it difficult to obtain certain medical services like physical therapy. Receiving in-person care and medical attention may be near impossible as long as tight social distancing measures are in place. 

Naturally, the challenges may cause you discomfort and stress. However, you can still do much to maintain the continuity of your medical history, taking care of both your health and your prospects of a successful resolution to your claim. 

With these goals in mind, here are some proactive steps to take:

• After an accident, if you have sustained non-critical injuries and are unable to get an appointment in your local medical center immediately, document your initial injuries as well as you can. This may include taking pictures and writing down your symptoms and describing pain or any other sensations you are experiencing.
• As much as you can, try to obtain the medical attention you need remotely. Some physical therapists and other physicians are now offering virtual visits through Zoom or other channels.
• Start your personal injury journal and describe how your condition and your injuries change over time. Include important details such as any medication you’re taking for your injuries, including over-the-counter drugs and painkillers.
• Monitor your local COVID-19 situation and stay in touch with your local medical providers to learn when it may be possible and safe for you to seek the in-person treatment you need in a facility of your choice.

Next week, in the second part of this article, we will look at two other aspects of the personal injury process that might be affected by the pandemic. We will also provide reasons why persevering with a compensation claim despite the current circumstances isn’t nearly as impossible as it may seem at first glance.

The post Coronavirus Series: How Will the Pandemic Affect My Claim? – Part I appeared first on Personal Injury Lawyers Hughes & Coleman.

Zantac® Lawsuits: Here’s What You Need to Know

At their worst, defective drugs can be lethal; at their best, they can cause adverse health effects that can leave the victim injured or permanently disabled. That’s why drug manufacturers of both prescription and over-the-counter drugs have a legal obligation towards the consumers, known as their duty of care. Thus, pharmaceutical companies must ensure that their products are safe and will not produce dangerous, unexpected side effects.

Time and again, however, pharmaceutical companies fail to live up to this standard. Through negligent or willful lack of appropriate care and caution, some drug manufacturers release medicines that are defective and potentially harmful. Unfortunately, such incidents are not isolated. According to statistics, between 2012 and 2019, there was a yearly average of more than 1,400 drug recalls as a result of regulatory activities taken by the Food and Drug Administration (FDA) to protect the public from potentially dangerous drugs.

Sadly, some drugs and their harmful side effects only come to the attention of lawmakers and regulatory agencies after years or decades of circulating the market. In many such circumstances, action is taken only after concerns are raised by people whose life and health have been irreversibly altered due to the long-term use of a defective drug.

Recently, these concerns have been raised about a popular heartburn drug, Zantac®, and many of its generic versions. This has led to a large number of market recalls and lawsuits against the drug manufacturer. Read on to learn more about this developing story and discover how you might be affected.

What is Zantac®?

Zantac® is a heartburn medication based on a substance called ranitidine. It was first approved by the FDA in 1983 and achieved great popularity with both doctors and patients in a relatively short time. By 1988, it became the world’s best-selling drug and one of the first medicines to surpass $1 billion in annual sales. 

Over time, this popularity turned into a decades-long trend. In the past decade, Zantac® was on the list of the 100 most-prescribed drugs every year. In 2019, it was estimated to have been prescribed more than 15 million times per year in the US alone. It is expected, though, that sales of the over-the-counter versions of this Zantac® and similar drugs greatly surpass that number as heartburn is an ailment experienced by more than 60 million Americans at least once a month.

Even though all drugs have some undesirable side effects, Zantac® was generally considered to be a very safe drug. For example, one study that reviewed the effects of a drug based on 189 clinical trials conducted over a decade with the combined sample of more than 26,000 patients concluded that the drug had an “excellent safety profile.” That perception, however, began to shift dramatically in September of last year.

The Controversy

The controversy began in September 2019, when the FDA issued a warning concerning Zantac® and other drugs based on ranitidine. The reason for the warning was that the drugs were found to contain nitrosamine impurity called N-nitrosodimethylamine (NDMA). This was concerning as NDMA is a known human carcinogen or, in other words, a substance that can cause cancer. While NDMA is often present in food products such as meat, dairy, and vegetables, a daily intake of NDMA surpassing 96 nanograms over long periods is considered to be dangerous.

Some of the ranitidine drugs tested by the FDA were found to contain dangerous levels of NDMA which led to both mandatory and voluntary recalls of Zantac® and similar medicines. Although the FDA initially ordered a recall of only a few brands of the drug, on April 1, 2020, the agency ordered the removal of all ranitidine products from the market. The decision was taken after an ongoing investigation had shown that “the impurity in some ranitidine products increases over time and when stored at higher than room temperatures and may result in consumer exposure to unacceptable levels” of NDMA.

The Lawsuits

The action taken by the FDA raised serious concerns among many Americans who had been taking Zantac® and similar drugs for years or even decades. Based on the FDA’s findings, some individuals now believe that they have developed cancer due to long-term use of ranitidine. 

As of early May, this led to about 230 lawsuits filed in the federal court system with allegations of negligence or recklessness on the part of Zantac® manufacturers. Specifically, plaintiffs “allege that the companies that made and sold Zantac® knew its active ingredient, ranitidine, metabolized in the human body to form a carcinogen known as N-nitrosodimethylamine, or NDMA.”

The number of lawsuits related to Zantac® cancer claims is rapidly growing and individual cases are being consolidated into class actions. Many personal injury law firms are still accepting new cases from people who might have developed cancer due to ranitidine use. In addition, US District Judge Robin Rosenberg, who is currently overseeing the consolidated litigation, decided that the proceedings will continue despite the COVID-19 pandemic. 

The outcome of this litigation remains to be seen. Yet, if you or a family member suffered injuries or disability due to cancer that might have been caused by Zantac® or a similar ranitidine drug, please visit our dedicated Zantac® page.

The post Zantac® Lawsuits: Here’s What You Need to Know appeared first on Personal Injury Lawyers Hughes & Coleman.

Coronavirus Series: All You Need to Know About Staying Safe During this Pandemic

All of us have been affected by the pandemic caused by the novel coronavirus. In this series of articles, we present helpful information that can help you and your family stay safe. We also try to answer the most pressing questions our current and potential clients may have regarding how this outbreak may affect their personal injury claims.

With the number of infected individuals surpassing 1.3 million and the death toll (at the time of the writing of this article) surpassing 84,000 people, the US is at the moment one of the hardest-hit countries in the COVID-19 pandemic. The novel coronavirus has already taken an extraordinary toll on every aspect of our daily life, changing the pace to an extent we previously thought unimaginable.

The virus has overwhelmed our healthcare system, sent our economy into a downward spiral, and locked many of us inside our homes for weeks on end. Now, after more than 5 months since the pandemic began in our country, the future remains uncertain, even as efforts are being made to bring back a semblance of normalcy to our routines and economic activities.

If there’s one thing the pandemic hasn’t changed, however, it is the unfortunate reality of personal injury. Even at a time like this, people still get hurt in accidents and suffer due to the negligent actions of others. 

That’s why Hughes & Coleman Injury Lawyers has been closely monitoring this outbreak and its effects from the very start in order to maintain high-quality service while ensuring the safety of our employees and our clients. With our staff working remotely, we remain fully operational and as ready as ever to serve the members of our community who have been wrongfully injured and fight for their compensation rights.

At the same time, we recognize that the present outbreak poses new threats and challenges to our neighbors and to the personal injury process. That’s why we decided to dedicate a series of blog articles to the unique concerns of PI claimants during this pandemic. 

In the opening installment of this series, we will share some basic information to help our readers and the members of our community make sure that they and their families stay safe during this outbreak.

Be Aware of the Danger

This pandemic has often been compared to a war. If the coronavirus is our invisible enemy, then learning about this enemy is the only way we will be able to successfully wage war against it. What’s especially important is to be keenly aware of the real dangers and threats the virus poses to ourselves, our loved ones, and our healthcare system. This will allow all of us to take appropriate actions to stay safe. At the same time, it will also help us to maintain a positive outlook and protect us from being overwhelmed by fear.

For example, according to the current state of scientific research, the novel coronavirus is definitely more dangerous than the seasonal flu. For one, it is about two times more contagious than the flu. Second, coronavirus has proven to be more lethal in that it causes more people to succumb to the disease faster than the flu. Third, while flu symptoms show up within 2 days of the infection, the onset of coronavirus’ symptoms can be delayed for 5 days or more. Some infected people don’t even experience any symptoms while still spreading the virus!

On the other hand, staying aware and informed about the danger can help you take appropriate precautions while not giving in to panic. For example, a few pieces of information that can help you keep a positive outlook are:

• So far, 80 percent of cases have been mild
• There are 13 times more people recovering than succumbing to the virus, and this factor is continuing to grow
• Symptoms are mild in children

Stay Informed

With so much information (and misinformation) available about the novel coronavirus, staying abreast of the situation can be a challenge. On the other hand, regular exposure to too much news about the pandemic may be overwhelming and cause additional, unnecessary stress. 

That’s why choosing the right amount and the right sources of information is of tantamount importance. Here are a few practical tips that will help you strike the right balance:

• Consider whether the source is trustworthy or not. You can find up-to-date, scientifically proven information and advice on coronavirus on webpages such as the dedicated Centers for Disease Control and Prevention page as well as the World Health Organization coronavirus page.
• If reading or hearing news stories about coronavirus makes you feel anxious or distressed, limit your media intake to the essential minimum from highest-authority sources. For example, you can find information about local government decisions that may directly affect you on this page prepared by the Kentucky government and the corresponding page for Tennessee.
• Remember that information can change. We’re dealing with a novel coronavirus–it’s new, and the scientific community keeps discovering new details about the virus and the most effective ways of preventing it. So when guidelines change–as was the case with wearing face masks–don’t get discouraged or suspicious. Rather, try to keep up with the current state of knowledge on COVID-19 and apply the latest guidelines.

Take Practical Steps

While COVID-19 dangerous, we already know the steps we can take to protect ourselves and our loved ones from it. Thankfully, these steps are easy to implement, relatively cheap, and can be truly effective. 

Some of these steps include:

• Washing your hands often, especially when you come back home from work, shopping, or running errands. You should use running water (cold or warm) and wash your hands for at least 20 seconds, making sure to scrub thoroughly and distribute the soap evenly. You can find more tips on how to properly wash your hands here.
• Wearing a face mask in public. This can protect you from contracting the virus and also prevent you from spreading the disease in case you already have the virus and are asymptomatic.
• Maintaining a distance of at least 6 feet apart from others in shops and other public places.
• Refraining from touching your eyes, nose, or mouth. It may prevent the virus from entering your system.
• Staying home if the number of cases in your area starts to surge if at all possible for you. If you feel unwell, it is essential to self-quarantine in order not to spread the disease.
• Seeking medical attention if you have stronger symptoms such as high fever, cough, and difficulty breathing. Call in advance.
• Following the latest guidelines on social distancing and complying with other measures taken by your local health authority.

It is our greatest wish that you and your family stay safe, stay healthy, and maintain a positive outlook during this trying time. We also hope that you find the information in this article helpful and practical. Stay tuned for the next article in this series in which we will explain how the coronavirus situation may affect your current or future personal injury claim.

The post Coronavirus Series: All You Need to Know About Staying Safe During this Pandemic appeared first on Personal Injury Lawyers Hughes & Coleman.

Can You Prove Distracted Driving in a Personal Injury Claim?

Without a doubt, distracted driving is one of the greatest threats to traffic safety on American roads. What are your legal options if you are injured in an accident where a driver’s distraction might have been a factor? Read on to find out.

In a world where distraction is not only abundant but also ever-present, the ability to focus on one demanding task is a precious and increasingly endangered skill. Unfortunately, indulging in distraction, however pleasant it may feel in the moment, can have all sorts of negative consequences for both individuals and society as a whole. 

For example, as shown by research conducted by The Economist, the US economy loses some $650 billion in workers’ productivity each year due to social media distraction. In other words, $4,500 is lost per worker per year.

And yet, while these economic losses may seem enormously high, the cost of engaging in distraction can be even higher. In fact, distraction can be deadly. According to data published by the National Highway Traffic Safety Administration (NHTSA), distracted driving killed 2,841 people in 2018 alone. The Centers for Disease Control and Prevention further estimates that every day “in the United States, approximately 9 people are killed and more than 1,000 [are] injured in crashes that are reported to involve a distracted driver.”

Sadly, both Kentucky and Tennessee seem to take the lead when it comes to this worrying national trend. Kentucky is one of the deadliest states for drivers overall, while Tennessee has actually ranked first in distracted driving with 7.2 distracted driving deaths per 10 billion vehicle miles. In fact, statistics from a few years ago show that, in Kentucky, there can be as many 53,500 crashes resulting in over 14,000 injuries and 169 fatalities due to distracted driving in a given year.

Getting into a car crash caused by a distracted driver is, therefore, a real and sobering possibility in our states. A person injured in such an accident has a chance of obtaining financial compensation–but it may depend on the ability to prove that drivers’ distraction was indeed a factor that led to the crash. In this article, we will see how you can achieve this.

Recognizing Distracted Driving

In order to be able to prove a distracted driving claim, it is first important to know and be able to recognize what distracted driving is. 

Most people associate distracted driving with the use of mobile devices. Indeed, this can be much more dangerous than most drivers recognize. For example, reading or sending a text message may seem innocent as it is brief, usually taking no longer than a few seconds. However, at the speed of 55 mph, a car covers the length of a football field in as little as 5 seconds. It is not difficult to see, then, that drivers who take their eyes off the road to send or read a text put themselves and other road users in extreme danger.

Dangerous though it may be, the use of cell phones and other mobile devices isn’t the only kind of distraction many drivers engage in. The CDC recognizes three basic kinds of driver distraction:

• Visual: Taking your eyes off the road
• Manual: Taking your hands off the driving wheel
• Cognitive: Taking your mind off of driving

Using this distinction, it is easy to identify actions that are distracting and can be potentially dangerous even though many drivers may not recognize the risk. Such actions include:

• Eating or drinking
• Applying makeup or grooming oneself
• Adjusting the GPS
• Fiddling with the radio
• Having a conversation with the passengers

How to Prove Distracted Driving

Admittedly, proving that the at-fault driver caused the accident because he or she was driving distracted may be challenging. After the crash, there may be no material evidence left pointing to distracted driving. 

Nevertheless, there are still a few effective strategies that can be used to prove your distracted driving claim. These may include:

 

• Obtaining the police report of the accident: The police are usually called to the scene of the accident when it results in bodily injury or significant property damage. Their police report may be useful to you, as it may include the police officers’ perception of the accident and its causes along with any statements made by the at-fault party. Both categories of data may either directly state that driver distraction was the cause of the accident or strongly point to such a possibility.

• Witness testimonies: If any witnesses were present at the time of your accident, those who were close enough to the scene of the crash may testify whether or not the other driver engaged in any kind of distraction.

• Cell phone records: If there is some circumstantial evidence that the at-fault driver might have been distracted at the time of your accident, the injured party’s lawyer may obtain the person’s cell phone records via a subpoena. The data will show whether he or she sent text messages or was talking on the phone when the crash occurred.

• Social media use: It is prudent to investigate the other driver’s social media, which may indicate smartphone use at the time of the accident with time-stamped messages, likes, posts, etc. that were posted when your accident occurred.

• Video footage: Video recordings from dashcams, smartphones, or even traffic and CCTV or other security cameras may show the at-fault driver was distracted at the time of the crash.

• Admission of distraction: In rare cases, the at-fault driver may, either directly or indirectly, admit to having been distracted in a way that led to your accident.

 

Distracted driving is an extremely dangerous practice that causes thousands of fatal accidents on US roads every year. Therefore, this negligence merits the full penalty of the law while those who were wrongfully injured as a result of driver distraction deserve financial compensation for their injuries. 

If you would like to obtain more information about how a personal injury lawyer may help an accident victim obtain compensation through a personal injury claim, please visit our dedicated car accident page.

The post Can You Prove Distracted Driving in a Personal Injury Claim? appeared first on Personal Injury Lawyers Hughes & Coleman.