Suggestions As To What You Should Do In The Event Of An Auto Accident
1 st: Make sure everyone is out of danger and away from moving traffic; make sure someone has called for police and/or medical assistance.
2 nd: Write down the names, addresses and dates of birth of all drivers, as well as license plate numbers and if you can, the year and make of the vehicles.
3 rd: Write down the driver’s license numbers for each driver and ask to see their insurance certificate (which is supposed to be in the car).
4 th: Write down the location of the accident (name of street nearest intersecting street and any highway markers or building numbers).
5 th: Note the weather and the time of the accident and any unusual conduct on the part of the other driver(s).
6 th: If there are any passenger(s) in the other vehicle(s), get their name, address and date of birth.
7 th: If you can get the names of any witnesses who were either on the street or in nearby cars, please do so, and secure their addresses and telephone numbers.
8 th: If any comments are made by the drivers or their passengers, note them on paper.
9 th: Make sure you know how the accident occurred and what actions each vehicle was engaged in prior to the impact.
10 th: Note the traffic controls and the characteristics of the roadway, i.e., one-way; two-way; solid line for opposing traffic, etc.
11 th: Note what part of each vehicle was damaged.
12 th: Write down the names and addresses of the registered owners of the vehicles
13 th: Did anyone accept responsibility for the accident; such as by saying, I didn’t see you, or, I was distracted, etc. If so, note the remarks.
14 th: Note the Precinct number of the Police responding, and the name and badge number of the cop, also, ask when and where you can pick up a copy of the Police Report.
15 th: Note if anyone was issued a ticket in connection with the accident.
16 th: Note if anyone was removed by ambulance and to what hospital.
Securing part or all of the above noted information will make things much easier for you, not only if you have to bring an action for personal injury, but will also assist in reporting the matter to your insurance carrier and to the Motor Vehicle Department.
Why There Are Malpractice Actions and Why the Republican Administration is Totally Wrong in Attempting to Limit Your Ability to Sue Doctors and Hospitals
Independent reporting agencies, none of which are affiliated with any trial lawyers, have reported that there are approximately 650 deaths every day attributable to medical malpractice on the part of health care providers.
That figure does not take into consideration the serious injuries and lesser injuries caused by medical malpractice each and every day.
There is no health care emergency arising from malpractice litigation. In fact, the overall number of malpractice cases has steadily declined over the years.
The insurance companies haven’t lost a dime because of lawsuits in medical malpractice ; it’s one of their most lucrative products.
In Texas alone, the number of total paid claims per practicing doctors per year fell to fewer than five in 2002, from over six in 1990-92. Any spike in malpractice premiums reflects forces operating outside the tort system, i.e., the stock market downturn.
Be Careful When Buying a Resale Home Which May Have Hidden Health Hazards
If you purchase a home with hidden health hazards, you could have to pay for a massive expensive clean-up and you could be the target of a lawsuit by a neighbor or the home’s next owner.
Underground oil tanks often leak, as they disintegrate. If you have to clean up the soil and ground water, costs can easily exceed $50,000.
Also, oil vapors can find their way into neighboring homes. The only clue that a tank is leaking would be an unexplained increase in your heating bills, or a heating failure due to water entering the system.
A purchase of a re-sale home should have a clause in the Contract calling for the removal of any buried oil tank or a pressure test to detect leaks.
Another problem is that any home built before 1980 may have asbestos fibers in floor tiles, pipe insulation, roof material, sheetrock and even caulking.
As long as asbestos containing tile or insulation is intact, there is no immediate health risk, but if they begin to deteriorate, they must be removed by a licensed asbestos abatement contractor.
If you are buying such a home, make the deal contingent on an asbestos test.
Another problem is homes built before 1978 may have lead paint on walls, doors, trim and window frames. Lead can cause development problems in children.
In adults, it can cause anemia, kidney damage, sterility and damage to the central nervous system.
Same remedy, have a lead based paint inspection before buying.
Radon is another potential problem. It is a naturally occurring radioactive gas linked to increased risk of lung cancer. It is odorless and colorless, found in basements or first floors when there is no basement.
The problem can be alleviated with a venting system. Most mortgage lenders require that a Radon Test be performed.
Dangerous Drugs That Are Still Being Prescribed
Last fall the popular painkiller Vioxx was revealed to cause double the risk of heart attacks and strokes. It was a one of a class of drugs called COX-2 Inhibitors. It is estimated to have caused as many as 139,000 heart attacks and strokes in America, with 55,000 deaths. The manufacturer stopped selling the drug but may put it back on the market.
I am going to list six drugs that may be dangerous. If you are taking any of them, see your doctor to discuss alternatives that may be safer:
Actos and Avandia: These drugs prescribed for type-2 diabetes to improve sugar control, constitute the family of medications called glitazones. The first member of the family, Rezulin, was withdrawn in 2000 because it caused liver toxicity. Studies show that Actos and Avandia may cause heart and liver failure. Also, when patients taking other oral anti-diabetic drugs are switched to Actos or Avandia, their blood sugar levels go up and rarely return to pretreatment levels. In 2001, the FDA formally warned Avandia’s manufacturer after company officials made statements denying or minimizing the health risks associated with the drug.
Bextra : Another COX-2 Inhibitor. A study found that it increased heart attack risk in those who have had coronary artery bypass surgery. Bextra is prescribed for arthritis pain.
Crestor : Approved in 2003, this is the newest in the family of cholesterol-lowering statins. It has been reported that kidney failure or damage in people taking Crestor is 75 times higher than in those taking other statins. There have been reported cases of rhabdomyolysis, a potentially fatal side effect that destroys muscle tissue, rivals that of Baycol, a statin that was withdrawn from the market.
Meridia : This prescribed weight reduction drug was approved in 1997 over the objection of the FDA physician who was the principal reviewer of the drug. It has been reported that Meridia caused 124 people to be hospitalized and 49 deaths; all from heart problems associated with taking this drug.
Serzone : This drug is in a class known as selective serotonin reuptake inhibitors which are used to treat depression and anxiety. It was withdrawn from the markets in Australia, Canada, Europe and New Zealand because it causes liver problems. It has been reported that it caused at least 55 cases of liver failure and 20 deaths. Doctors in the U.S. prescribed over 4.5 million prescriptions of it in 2003. Serzone may put users at higher risk of drug interactions by blocking the liver’s drug metabolizing enzyme and causing dangerous blood levels of other drugs.
Populsid : A heartburn drug, approved in 1993, withdrawn in 2000, after causing over 80 deaths from heart problems.
Raxar : An antibiotic marketed in 1997, taken by almost 3 million people, was withdrawn in 1999, after being shown to having caused potentially fatal heart arrhythmias.
Rezulin : A diabetes drug, approved in 1997, and withdrawn in 2000, after 21 people died from liver failure and more than 100 were hospitalized with liver toxicity.
For maximum safety, try not to use any drug until it has been on the market for seven years minimum.
One half of all new drugs are withdrawn or have significant side effect warnings added to their labels within seven years.
If you think you have been injured, or have a problem with any of the afore noted drugs, check immediately with your physician.
If You have Lost or Damaged Luggage on International Flights
There is a revised regulation concerning regulation concerning damaged or lost luggage on most flights originating from the United States. The Montreal Convention nos governs all round-trip international flights from the United States and depending on destination, many one-way international flights as well.
The prior law was the Warsaw Convention. The new law calls for a payment up to 1,000 Special Drawing Rights (SDR) for lost or damaged luggage.
A Drawing Right is a type of international currency equivalent, set by the International Monetary Fund and it fluctuates daily. 1,000 SDR’s are currently worth approximately $1,500.00.
The Treaty applies to all countries that have agreed to it and it applies to their respective airlines. The limit applies per passenger, not, per suitcase.
You can ask for more than the 1,000 SDR’s, if you can prove that the airline and it’s employees acted recklessly. If you cannot agree with the airline about your reimbursement, you can sue in Small Claims Court.