Archive for the ‘Personal Injury’ Category

If I file a personal injury claim, will I have to go to court?

Wednesday, November 30th, 2011

Personal injury claims are important especially when you are injured due to some one else’s carelessness.  Over the years, there have been people who didn’t properly pursue a claim or neglected to file a personal injury claim due to their fear of going to court.  This usually leads to financial hardship, unpaid medical bills and unpaid property damage along with no legal recourse to recover financially. When you are injured at work, home, outside or any where due to some one else’s negligence, you have every right to have your life made whole again.

Just because you have the right to be made whole again, doesn’t mean that your will be treated fairly or that you will receive the right compensation for your personal injury.  These claims are very difficult to file and many at-fault drivers are unwilling to accept liability due to the significant financial costs associated with these claims.

If the other party denies liability, an experienced personal injury attorney has the sole responsibility and duty to file for a court hearing and place evidence before a jury to ensure your legal rights are protected.  Court hearings may seem intimidating, however you will find a court case is a simple process.  It may be a good idea to attend a court hearing concerning another case in order to better understand the process and put your fears of a court appearance to rest.

At the Nahon Firm, PLC, we will fight to help you win. Our Nashville personal injury attorneys will treat you with the utmost compassion and respect.  You can count on compassion, dedication, and determination towards your case.  Call us today and speak with a Nashville accident lawyer to discuss the details of your case. Call (615) 324-2000.

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How to Make Workers Comp Laws Work for You

Thursday, November 24th, 2011

Thanks to federal and state legislation that governs employees’ rights in the event of injury and illness caused in the workplace, you can usually expect to be fairly compensated for your medical expenses, economic loss, and, if you are the survivor of someone killed in a workplace accident, death benefits as well.

Workers comp actually protects employers, too. Although you are compensated for lost wages during your convalescence and reimbursed for medical expenses, you lose the right to file suit against the employer for punitive damages.

Immediately upon reporting an accident, you should be assured that your employer has initiated the paperwork required to start your workers comp benefits. Workers comp will cover your medical bills and will provide you with a percentage of your salary on a tax-free basis during your convalescence.

If it is determined that your injury or illness resulted in permanent disability, workers comp provides for permanent disability payments and continued reimbursement of your medical expenses. Alternatively, in some states, disabled workers may be entitled to a lump sum payment.

If you were off the job at the time of the accident but performing tasks related to your job, you may still qualify for workers comp coverage. This might include incidents occurring while you are traveling for work, running job-related errands, or attending an after-hours company function.

Some injuries aren’t covered by workers comp, even if they happened on the job. If the accident occurred due to your own negligence, for example, or if you own a business or are self-employed, work on a farm, or perform domestic labor in someone else’s home, workers comp does not apply.

You cannot bring suit against your employer if you are receiving workers comp benefits, but some situations allow you to bypass workers comp and sue for damages. If the employer’s negligence was responsible for conditions leading up to the accident or if the company failed to carry workers comp insurance, you may have grounds to sue.

Since each state establishes and implements its own legislation governing workers comp, be sure to contact your state workers comp board for more information. If you think your employer has violated your rights or was culpable in the accident that caused your injury, you may want to discuss the circumstances with a qualified workers comp attorney who can evaluate your case and recommend options. Many attorneys offer this initial meeting at no cost and will not charge a fee unless a settlement is awarded to you.

At the Nahon Firm, PLC, we will fight to help you win. Our Nashville work injury attorneys will treat you with the utmost compassion and respect.  You can count on compassion, dedication, and determination towards your case.  Call us today and speak with a Nashville accident lawyer to discuss the details of your case. Call (615) 324-2000.

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Hazardous Substances in the Workplace Which Can Lead to Lung Diseases

Thursday, November 24th, 2011

Many people currently suffer from a lung disease which was caused by a hazardous substance. Such lung diseases can affect the breathing mechanisms causing symptoms such as shortness of breath, chronic cough, chest pain and difficulty breathing. When a person is afflicted with this type of disease in their lungs, they may become incapable of enjoying the activities they once did, or working in the same career field. Occupational lung diseases are brought on by workplace exposure.

In some instances the place you work can contain any number of harmful substances such as coal or asbestos, leading to serious diseases such as Mesothelioma, black lung, asbestosis or silicosis. People who have spent their lives working in the mining industry or other high-risk occupations may have been exposed to hazardous workplace substances such as asbestos or radon gas. Such long-term exposure is a major cause of lung diseases which can be life-altering.

What You May Have Been Exposed To at Work

If you work in any type of employment sector in which asbestos is present, your employer should ensure sure you are fully protected through the use of a facial mask or other protective gear. Many people are exposed constantly to dust particles and damaging chemical fumes in the workplace and must take advantage of such protective safety gear. There are many hazardous substances workers may encounter such as diesel fumes, asbestos, wood dust, silica, heavy metals, radon, solvents, ether, mustard gas and even second-hand smoke which can severely damage the lungs.  Those who are employed in such industries as textile factories, car garages, uranium mines, iron or steel foundries, painting companies, printing companies, glass manufacturing companies or nail salons—just to name a few—are likely exposed to certain levels of harmful chemicals.

Indications of Lung Disease

Those who have been repeatedly exposed to hazardous workplace substances can begin having shortness of breath, with symptoms which steadily escalate such as abnormal breathing patterns, chest pain and coughing. If you suspect you have been exposed to hazardous chemicals in your workplace you should immediately consult a medical professional who will likely send you for chest x-rays and other tests such as a test to determine pulmonary functions, tissue and lung fluid testing and cellular and bio-chemical studies of chest fluids.  Doctors determine the course of treatment depending on your current age, previous medical history and overall state of health as well as the specific type of lung disease you have and how far the disease has progressed.

Claim for COPD

Your doctor may diagnose you with Chronic Obstructive Pulmonary Disease if your job has exposed you to hazardous working conditions which include gases, chemicals or dust. This is a serious lung condition in which the lungs become irritated and inflamed, causing serious difficulties in breathing. COPD in turn can lead to asthma, emphysema, silicosis, bronchitis, and other potentially life-threatening diseases. If you are suffering from work-related COPD, you are eligible for a compensation claim under the industrial injuries and illness provision.

Get Help from an Experienced Attorney

If you have suffered lung exposure from hazardous substances in your work environment, you need help in filing a claim, and you need an aggressive advocate in your corner to handle the legal issues while you concentrate on your medical care and your future. You must have knowledgeable legal advice in order to get the compensation you are due from hazardous substance exposure. You may have huge amounts of medical bills which continue to pile up, and are facing future medical bills for a long period of time. You may be unable to work because of your lung conditions, and are facing a very uncertain future. Don’t wait to contact a lawyer in your area who has extensive experience in lung diseases caused by workplace hazards.

At the Nahon Firm, PLC, we will fight to help you win. Our Nashville personal injury attorneys will treat you with the utmost compassion and respect.  You can count on compassion, dedication, and determination towards your case.  Call us today and speak with a Nashville accident lawyer to discuss the details of your case. Call (615) 324-2000.

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What is a Tennessee Personal Injury Attorney?

Tuesday, November 22nd, 2011

It doesn’t matter where you’re from, what you do, who you are and even how much you earn – everyone is susceptible to personal injuries.  These injuries happen more often than you might think. Be it a car accident, slipping on your office’s wet floor, or an erroneous prescription from a doctor, injuries from various aspects of your life may occur at any time.

Responsibility for the fault is a big issue in a personal injury as the liable party may not want to be held liable for the injury.  Luckily for the victims, there is justice avilable.  Many attorneys have seen the importance in pursuing those who are responsible and have entered the profession of personal injury law. These personal injury lawyers take their job very seriously by ensuring that those who are liable for the injury are held accountable for their actions.

Personal injury attorneys usually handle claims such as work injuries (resulting from a lack of safety precautions), medical negligence (be it from their counsel or their actual practice), road and traffic accidents (to both vehicles and pedestrians), and slip and fall accidents (the most common claim, such as those due to wet floors and trailing wires).

As long as the individual suffers due to another’s negligence, they have a right to demand compensation against the liable party. However, it is quite difficult to fight a claim on your own, so it is advisable that, when injured, you seek immediate legal advice and seek a claim against the responsible party.

In order to help your case, you need to do complete a handful of tasks. First, you must identify the party who is at fault with evidence to substantiate up your personal injury claim.  Then you will be required to show that what happened to you and why your injuries resulted from the fault of the “at fault” party. Lastly, you must show the losses (or damages) that you incurred after being injured. These steps are essential in order to help your personal injury attorney establish and present the best possible case for you in order to maximize your claim.

It is also important to keep track of the costs incurred related to the injury.  This way you will be likely to be reimbursed for those other “out of pocket” expenses.  A personal inquiry lawyer is also valuable in determining whether or not your claim is worth pursuing.  An experienced attorney gives you a legal advantage and can ensure that you receive the proper compensation and advice saving you valuable time, money, and effort.

At the Nahon Firm, PLC, we will fight to help you win. Our Nashville personal injury attorneys will treat you with the utmost compassion and respect.  You can count on compassion, dedication, and determination towards your case.  Call us today and speak with a Nashville accident lawyer to discuss the details of your case. Call (615) 324-2000.

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Most Common Accidents in the Workplace

Thursday, November 17th, 2011

The most recent numbers show that in 2009 there were 3,277,700 recordable, non-fatal accidents in private industry workplaces.  Of those, nearly 52 percent involved sprains and strains, most often involving the back, and nearly a million of these injuries caused significant time away from work. If you add bruises, contusions, cuts, lacerations and fractures to the list, you have accounted for almost two-thirds of the accidents which lead to days away from work.

Where Do These Sprains and Strains Occur?

Over a third of the strains and sprains which occur in the workplace take place in the trade, transportation and utilities industry, while 19 percent occur in the education and health services industry sector. Occupationally, the greatest number of injuries occurred in laborers, movers and truck drivers due to overexertion or contact with heavy objects and equipment. Nursing aides, orderlies and attendants suffered sprains and strains to the back due to lifting and moving patients.

How Do Sprains and Strains Happen?

Falls from a height are one primary way sprains and strains occur. Many times unstable equipment, wet or greasy floors, uneven surfaces or simple loss of balance can contribute to a fall, and, in fact, falls are a leading cause of work-related deaths, especially among construction workers and those in agriculture, forestry, and fishing and mining industries. Additionally, those who work in retail are also at risk for falls due to climbing ladders to reach something in less than ideal conditions.  A fall will usually result in a sprain, strain or tear—injuries which can be very painful, not to mention long lasting, leading to lost work days.

Lifting as a Cause of Workplace Sprains and Strains

At least a third of workplace sprain and strain injuries are due to lifting an object which is too heavy, or from lifting any object improperly. Your mother really did know what she was talking about when she cautioned you to always lift with your legs rather than your back! Lifting injuries will generally lead to longer work absences than falls, and back and muscle pain is a common result. While anyone is at risk of suffering a sprain or strain from lifting, those in jobs such as nursing, transportation and manufacturing are much more likely to suffer such an injury. Those who suffer an injury from lifting can have pain in the neck, upper and lower back, as well as pain which radiates to other limbs. Even when back surgery is recommended, recovery from such an injury can potentially take a very long time.

The Impact of Heavy Equipment in Sprains and Strains

Many jobs, especially in the construction and manufacturing industries, require the use of complex, heavy equipment. Although these machines certainly make the work easier when properly maintained and correctly used, they can make the workplace increasingly dangerous, and are responsible for numerous workplace sprains, strains and tears. When heavy equipment is improperly used, injuries can occur, and many such injuries occur when getting in or out of the equipment. Often the worker lands wrong, twisting his back or neck, or pulls a muscle when attempting to get into the heavy equipment, causing long-term damage to the neck and back muscles.

Automobile Accidents

Finally, those workers who use company vehicles in the commission of their employment report sprains and strains as a result of automobile accidents leading to injuries of this nature. Especially at risk are employees such as pizza delivery drivers, or salesmen who spend large amounts of time in their vehicles.

If you have suffered any type of muscle sprain or strain as a result of a workplace accident, it is imperative you take action immediately. Call and talk to a reputable, experienced personal injury attorney to discuss your options as well as your future actions. Don’t let a workplace accident cost you your future!

At the Nahon Firm, PLC, we will fight to help you win. Our Nashville personal injury attorneys will treat you with the utmost compassion and respect.  You can count on compassion, dedication, and determination towards your case.  Call us today and speak with a Nashville accident lawyer to discuss the details of your case. Call (615) 324-2000.

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Tennessee Personal Injury Cases involving Expert Witnesses

Monday, November 14th, 2011

The Nahon Firm, PLC, Attorneys at Law, know that an extremely vital part of numerous personal injury suits are expert witnesses. There are many types of expert witness that are used not on frequently, but also daily to help case proceedings. Some include, but are not limited to: toxicologists, pharmaceutical scientists, medical professionals, economists, and product experts. Critical analysis tools such as knowledge, experience, and technical skills are crucial in investigating any concrete evidence present before a court of law. Some purposes include, but are not limited to:

  • An explanation of concrete evidence, such as testimonies to help better understand the factuality of an accident.
  • Analyzing data to evaluate its authenticity.
  • Evaluation of a product, which a manufacturer distributes.
  • An explanation of drugs, alcohol, or any other harmful substances.
  • Interpreting phenomena or happenings to a jury body, in which all is stated in terms that all comprehends.

We are your personal injury attorneys that not only work you case, but also provide to get you the reliability and experts that can support your testimony for the best outcome in your case. With our leading list of experts within toxicology, medicine, or a forensic account, we can present the value of evidence you want, and deserve. We will work to place any monetary value on the difficult damages, lose of income, or pain and suffering you have been through.

The court must rule on admissibility of scientific and medical evidence in personal injury litigation. Therefore, the importance of an expert on your side can mean having an expert witness to present and testify medical and scientific expertise. Medical malpractice and other types of cases cannot proceed without a medical expert providing witness.

Expert testimony is something our law firm routinely uses to serve two separate functions within your personal injury case. Whether it be experts to analyze and fact find, or a medical doctor we can develop a possible theory in, which your liability has proper causation. Experts that test productions to test the defectiveness or endangerment of a product will not be present in the court of law. However, medical and scientific experts provide their testimony of acquired knowledge of the case and topic to a jury body to help better the outcome of your case by present their factual observations.

Accident Reconstructionists, economic and vocational experts are the most common types of experts we use in a personal injury case. At The Nahon Firm, PLC, we use these and other experts to get you what you deserve, the best personal injury case, with a goal of receiving the damages you need.

At the Nahon Firm, PLC, we will fight to help you win. Our Nashville personal injury attorneys will treat you with the utmost compassion and respect.  You can count on compassion, dedication, and determination towards your case.  Call us today and speak with a Nashville accident lawyer to discuss the details of your case. Call (615) 324-2000.

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Tennessee School Zone Accidents Bring Forth Tragic Facts

Friday, November 11th, 2011

Many precautions can be taken for our children’s protection when departing school, whether it be walking or riding the bus. Even though one can expect the usual school zone warning signs, reduce speed limits, crossing guards, and flashing bus warning lights, each year hundreds of school children are struck by vehicles by inattentive drivers in Tennessee. These incidents end with serious injuries and even death. One of the basic reasons for placing all these safeguards around school, and areas in which children travel is due to the size of children and the issue of seeing them while driving, especially while operating a SUV or truck. The most common types of violations within Tennessee school zones that result in accidents include, but are not limited to:

  • Failure to Abide With Crosswalk Law: The Crosswalk Law requires a driver to yield the right of way to any pedestrian, who is on or near a crosswalk. Not only slowing down, but coming to an absolute complete stop and waiting for the pedestrian to completely cross the intersection to implement safety to all. A school district maybe held liable if improper safety measures are not abided by such as involving school children in a intersection that has been previously prone to accidents. Drivers that strike children in crosswalks also hold the possibility of being liable for injuries or death sustained by a child.
  • Refusal of Reduction in Speed while in School Zones: Reduced speed laws are within all school zones due to the high risk of schoolchildren that could be in pedestrian accidents. An extremely high number of pedestrians are very vulnerable due to lack of maturity and experience within a school zone. Drivers who fail to slow their speed within clearly marked school zones put school children at a careless, dangerous risk.

The defense of the motorist’s insurance company who hit school children within a school zone, usually attempt to shift the blame from the vehicle operator to the child. An obligation is imposed on the crosswalk laws within Tennessee, for pedestrians not to attempt to enter an intersection, at which it would be impractical for a driver of a motor vehicle to yield.  “Darting Child Defense” is a common defense by insurance companies that would make your child be established as either partially at-fault, or simply at fault for the accident. Insurance companies are sometimes able to shit the blame enough on the child to either lowering the payment of compensation or totally eliminating it.

If your child has either been injured or killed due to a an accident within a Tennessee school zone, it’s important to get the best representation you can to get what you need most out of the situation as a whole, a piece of mind.

At the Nahon Firm, PLC, we will fight to help you win. Our Nashville personal injury attorneys will treat you with the utmost compassion and respect.  You can count on compassion, dedication, and determination towards your case.  Call us today and speak with a Nashville accident lawyer to discuss the details of your case. Call (615) 324-2000.

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What To Do Following a Workplace Injury

Tuesday, November 8th, 2011

Workplace injury procedure will vary from state to state and business to business, however if you’ve suffered an injury at your workplace through no fault of your own, there are certain universal rules which should be followed. Your first priority will be to seek appropriate medical attention. Even if you are unsure of the extent of your injury, don’t wait to report it until you’ve determined how badly you are hurt. A medical professional will know how to ensure your injuries do not become worse and will document the full extent of your injuries as well.

Enlist a co-worker’s assistance in calling for emergency help. If your workplace has policies in place that detail how you should handle a workplace accident with injury, your co-worker can probably handle the details while you are being looked at by medical personnel. Just make sure you’ve designated someone who is absolutely trustworthy and will take care of all the details for you so they don’t get neglected, costing you in the end.

Report Your Injury Promptly

The second most important thing you can do following a workplace accident is to report the incident and all facts surrounding it to your immediate supervisor as quickly as possible. Many people fail to notify their supervisor or management in the hopes the injury will improve over time and it won’t be necessary, or because they are worried they will be fired should they seek worker’s compensation for a workplace injury. Be aware that there are specific time limits on how long you wait to file a workplace injury claim, and if you should wait too long to notify your employer they may be able to successfully dispute your claim.

If you are not too badly hurt, you should notify your employer even before you are seen by a doctor, but don’t jeopardize your health to do so. It may also be necessary to report your injury prior to seeing a doctor if your employer has specific company doctors they require employees to see in the event of an accident. In some cases you may be able to see your own doctor and be reimbursed, however some health insurance companies refuse to pay medical expenses arising from workplace injuries, demanding instead that the employer pay.  If you happen to be management and are injured in the workplace, you will have a company-established procedure for dealing with workplace injuries which may include contacting your company’s insurance rep.

Document Everything

Even the smallest detail can make a huge difference should your worker’s comp claim be disputed, so keep every single piece of paper related to your case, and write down all pertinent details before you forget them. You are responsible for following through with your claim, so do not expect your employer to take care of the details. Make copies of your initial claim, the accident report, all medical, hospital and prescription drug bills and any correspondence with your employer, your supervisor and the insurance company. Be organized, and keep these documents filed and easy to find.

Hire an Experienced Worker’s Comp Attorney

It is almost always in the best interests of your future to hire a knowledgeable Worker’s Comp Attorney who can aggressively defend your rights as well as explaining complex laws and answering any questions you may have. Your employer may refuse to send you to a doctor, may deny your injury was workplace-related, or deny the extent of your injuries. Even if your employer agrees to pay you for medical treatment and lost wages, don’t settle until you have spoken with an attorney who can determine if you have received all compensation you are legally entitled to.

At the Nahon Firm, PLC, we will fight to help you win. Our Nashville personal injury attorneys will treat you with the utmost compassion and respect. Call us today and speak with a Nashville accident lawyer to discuss the details of your case. Call (615) 324-2000.

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Basic Concepts of a Negligence Lawsuit (Part 2)

Friday, June 24th, 2011

Basic Concepts of a Negligence Lawsuit (Part 2)

Breach of the Duty of Care and Causation Issues

In a motor vehicle accident, negligence may be a result of a whole litany of unsafe driving practices by the other driver including the following:

  • Driving under the influence of drugs or alcohol
  • Distracted driving
  • Running a stop sign or stoplight
  • Failure to yield
  • Aggressive driving
  • Reckless driving
  • Following too close

Evidence may also be introduced that shows that a public entity or the manufacturer of the vehicle also breached a duty of care.  A product manufacturer who produces a defective vehicle or defective component parts may be liable on a strict liability basis depending on the specifics of the case.  A public entity may be liable if evidence produced establishes that the roadway itself or the intersection is poorly designed, constructed or maintained.  If either the manufacturer or public entity contributed to your injuries, they may be sued along with the negligent driver.

What Are Typical Causation Issues?

This is not usually a big issue in auto accident cases though it can be in dispute.  This occurs when drivers dispute the facts regarding how an accident occurred.  An experienced auto accident attorney will carefully investigate your accident including reviewing the police report, reviewing the accident scene, talking to witnesses amongst other steps to develop evidence regarding the “cause” of the accident.  The insurance company in an accident case may also dispute whether the accident caused your injuries, or whether they were the result of some other event.  It is important to obtain prompt medical evaluation and treatment which will help develop evidence to refute such claims from the insurance company.  Your physician may take diagnostic tests like x-rays or MRI images that substantiate the relationship between your injuries and the accident.

Causation is a bigger issue in some cases involving medical malpractice, dangerous drugs or defective medical devices.  Some medical malpractice cases can involve complex issues of causation like misdiagnosis of cancer.  Cancer can take many years to develop and may be fatal even when diagnosed so medical malpractice insurance carriers often argue that the patient would have died even if the cancer had been diagnosed at an earlier opportunity.  With dangerous drugs, the evidence of adverse side effects are typically related to studies of negative outcomes.  Drug companies may dispute the relationship between the drug and the negative result.

While this two-part series of article explains some of the basic principles in common negligence cases, the law of negligence is complex so the factual and legal issues in your case can be sophisticated and difficult to prove.  An experienced Nashville personal injury lawyer will be able to explain the specific factual and legal issues of your personal injury case and the potential value of your claim.

If you have suffered serious injury or a family member has suffered wrongful death, you should obtain more detailed legal advice from an experienced Nashville personal injury attorney from The Nahon Firm, PLC.  Call The Nahon Firm, PLC, for a free initial consultation today.

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Why Do People Hire an Tennessee Personal Injury Lawyer to Handle Their Claim?

Friday, January 21st, 2011

In some situations hiring an attorney is unnecessary because the claim or “case value” is very small.  Small claims court in Tennessee will handle claims up to $15,000 in most cases.  If you or a loved one has only minor injuries or injuries that did not require significant medical expenses or extended medical treatment and will not result in substantial medical care, then you may consider small claims court.

An experienced Tennessee personal injury attorney should be consulted, however, if you or a loved one have been seriously injured.  You may even want to discuss your case with an attorney if you are unsure as to the outcome of your injury.  Personal injury cases are quite complicated.  An attorney experienced in personal injury litigation will have the legal expertise, time and resources to effectively represent you and handle your claim appropriately.

An experienced personal injury lawyer in Tennessee is able to evaluate the value of your personal injury case.  Hiring an attorney will ensure that you meet all of the rules, requirements and deadlines are met.  There are statistics that show having an attorney increases the average insurance companies pay out by more than double the amount accident victims receive without an attorney.  Keep in mind, the insurance company is representing the party at fault.  Their goal is to pay you as little as possible when attempting to settle a personal injury claim.

If you or a loved one have questions related to your injury claim here in the greater Nashville, Tennessee area, call us to discuss your case for free and without obligation.

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