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November 2009

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Nov. 11th, 2009

Solomon Neuhardt

Cheerleading Injuries


Cheerleading is no longer about dancing and moving pom-poms in the air. Today, cheerleaders are required to have gymnastic and athletic skills that involve tumbling and stunts, doing double flips and making human pyramids. These developments have made cheerleading a dangerous sport and injuries (sometimes very serious) have become commonplace.

Cheerleading Injuries: What the Statistics Say

Here are some statistics around cheerleading related injuries:
• According to a US Consumer Product Safety Commission report, in 2008 alone there were more than 30,000 emergency room visits related to cheerleading injuries. The Commission said that cheerleading injuries had quadrupled between 1982 and 2008.
• In the US, cheerleading injuries consist of around 66% of all major sport injuries among high school and college students.
• A study conducted by the National Center for Catastrophic Sports Injury indicates that during 1984-2009 half of the catastrophic injuries in the country were due to cheerleading, including three deaths.

While most people seek the services of Montana lawyers when there are car accidents or because of  medical malpractice, we usually do not do the same for cheerleading injuries. One must consult a Billings, MT attorney in case of cheerleading injury or death.

Cheerleading Related Injuries

The most common cheerleading injuries are:
• Ankle sprains
• Back injuries
• Head injuries (including concussions)
• Broken arms
• Knee injuries
• Torn tendons
• Elbow injuries
• Soft tissue injuries
• Fractures/dislocations
• Lacerations/avulsions

Mostly disabilities and deaths are caused by head and spine injuries. The lack of amenities, novice coaches and an expounded rate of stunts are usually the causes of these injuries.

Preventing Cheerleading Related Injuries

While you may feel proud of your child performing risky routines, there are some safety measures that are essential to prevent serious injuries. As a parent, you could check out:

• The place where your child is performing
• The coach's experience, including the kind of athletes the coach has worked with and whether he/she has gymnastic stunt work experience
• What stunts will be performed in the cheerleading routine
• The cheerleading team that your child is a member of
• Who is supervising the performance

Proper safety checks should be conducted and safety and emergency training should be given to the cheerleaders, coaches, trainers and parents.


Nov. 5th, 2009

Solomon Neuhardt

Skiing Accidents and Injuries


Snow sports will remain among the most popular winter pastimes in America. The National Ski Areas Association (NSAA) reports that over 50 million skiers and snowboarders participated in the 2007-2008 season. Although skiing and snowboarding can be exciting, serious accidents resulting in brain injuries and even deaths occur every year. Many of these accidents happen due to poor equipment, bad tracks and/or the ski instructor’s negligence. You should immediately contact a Montana law firm if you or a loved one has been injured due to someone else’s negligence.

Use of Helmets
Research shows that wearing a helmet can reduce instances of serious head injuries by 40% to 60% during a collision, fall or other accidents. Certain high profile deaths, including that of actress Natasha Richardson, have spurred a debate on the usage of helmets. The American Academy of Orthopedic Surgeons (AAOS) recommends the use of protective headgear for recreational skiing and snowboarding.

Skiing Injury and Accident Statistics
In the US, there were 53 ski and snowboarding related deaths in the 2007-2008 season. According to data from the Consumer Product Safety Commission's (CPSC) National Electronic Injury Surveillance System (NEISS), in 2007-2008 alone there were 101,111 ski related injuries in the US.

In case of ski related injury or a recreational vehicle accident, it is best to contact lawyers in Montana right away. Montana lawyers would be able to help you get fair compensation if you are suffering due to someone else’s negligence.

Skiing Accidents and Precautions
Skiing accidents can happen even t the most protected resorts. However, some basic knowledge about skiing can help you avoid fatal or serious injuries. Most of ski accidents happen on account of the carelessness of the skier himself.  Some accidents take place because of faulty skis.

Most skiers have accidents in the evening, when the visibility is low and the skier is tired. Do not pass fellow skiers. Always carry ski braces to prevent serious injuries. This can be extremely useful in case of a fall. The selection of the correct run is important to avoid accidents. All skiers should do some physical exercise to improve agility.

Some useful tips:
• Use proper ski equipment.
• Ensure that your ski boots are well fitted and bindings are properly adjusted.
• Check weather reports and avoid turbulent weather.
• Wear suitable clothes and carry an extra pair gloves or mittens and a headband.
• Get proper instruction.
• Ensure you have a good ski instructor.
• Wear good ski goggles that fit around your helmet.
• Make sure that you eat and drink frequently. If you are tired, take a break.
• Do not ski alone and carry communication equipment to stay in touch.
• Know your limits.
• Do not take warning signs lightly.


Oct. 30th, 2009

Solomon Neuhardt

Getting Ready for Snowmobiling Season?

 

As winter approaches, almost three million Americans get set to participate in their favorite winter sport, snowmobiling. Snowmobiling generates more than $22 billion in the US per year. However, the risk of fatal accidents or major injuries continues to rise in this high speed recreation. People flock to regions like Alaska and Yellowstone National Park. There are around 1.65 million registered snowmobiles in the US out of which 39,531 are in the Montana region alone.

National Snowmobiling Facts
According to a report by National Electronic Injury Surveillance System (NEISS) of the US Consumer Product Safety Commission (CPSC), snowmobile related injuries have been on the rise over the past ten years. Apart from recreation purposes, snowmobiles are used by ranchers, surveyors, public utility employees and wildlife and environmental scientists. The US Consumer Product Safety Commission confirms about 110 deaths due to snowmobiles. More than 13,400 people receive emergency treatment in hospitals as a result of this sporting activity.  Teens and young adults between 15-24 years of age are the most vulnerable. Head injuries continue to be the leading cause of serious injury and even death. Around 2/5 of the total deaths ensued are due to collisions with trees, fences, cliffs, snowbanks, vehicles, bridges, wires and rolling the snowmobile.  In the US, snowmobile clubs are maintained and constructed and the trails are mapped in cooperation with provincial, local and state governments.

Known Causes of Snowmobile Accidents
Snowmobile related accidents can be prevented, provided the rider abides by certain rules and snowmobile equipment manufacturers supply machines that are not defective. Before a ride, make sure that your snowmobile is running smoothly and maintained properly. Many accidents are caused by:

• Faulty steering columns and braking mechanisms
• Malfunctioning throttles
• Weak welding on suspensions and other parts
• Frozen lakes and rivers.
• Engine fires and explosions
• Leaky fuel tanks and fuel lines
• Bad weather

You can take the following precautions:
• Be in touch with weather forecasts
• Learn snowmobile traffic laws
• Do not drink alcohol and drive
• Never drive your snowmobile alone or on unfamiliar ground
• Drive only on well  known and marked trails
• Avoid unknown waterways
• Carry safety equipment

While driving you should look out for:
• Oncoming snowmobiles
• Trees and branches on the trail
• Bridges
• Unpredicted corners, intersections and stops
• Crossings
• Thin ice and/or open water
• Animals
• Drifting snow
• Skiers and hikers

Your basic repair kit should contain a jack knife, tow rope, pry bar, extra wrenches, wire, nuts and bolts for your sled, tool kit, extra spark plugs and belts.

Montana Personal Injury: Fight Your Case
If you or a loved one has ever been injured due to the negligence of the government or because of a manufacturing defect in your snowmobile, you need legal protection given by attorneys in Montana. Get in touch with Solomon Neuhardt, your Billings lawyer immediately who will fight on your behalf.

Oct. 19th, 2009

Solomon Neuhardt

Stolen car found with FREE Lost Key Tags Program

The stolen car of a client of Neuhardt Law Firm was found with the Lost Keys Program available for free from Neuhardt Law. Our office received a call from the Rex restaurant in Billings on the morning of October 16, 2009 saying that they had found a set of car keys with a Neuhardt Law Firm Lost Keys tag on them. The Lost Keys Program is simply a tag that is on a set of car keys like an Albertson or Shopko discount tag that says to call our office if they keys are found and it offers a reward.

The keys were that of a client and the client's car had been stolen the night before. The client reported her car as being stolen to the Billings Police Department. We identified the keys and called the client to let her know we had her keys. About the same time she let us know that her car had been stolen. The car was found shortly thereafter and the client was thrilled that her keys and her car were found.

Each key tag under the Lost Keys Program has a registration number on it that identifies the owner of they keys. If you would like a free set of tags for your car keys call us at 406-294-9540 or email us at info@mtaccidentattorney.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Solomon Neuhardt

What is Medical Malpractice?

Medical Malpractice is Increasing In the US

Instances of death and long-term injury are growing in America, getting close to being declared as a serious national problem. A study conducted by the Institute of Medicine of the National Academy of Sciences estimated that roughly 98,000 patients may be killed every year across the US as a result of medical errors.

What Is Medical Malpractice?

Broadly speaking, drifting away intentionally or carelessly from the accepted standards of medical care by a healthcare provider that causes harm to a patient is called medical malpractice. Medical malpractice can be the lack of treatment or improper treatment, misdiagnosis, an intentional delay in treatment, failure to perform correct follow-ups and errors in prescription.

You have a legal and civil right to claim compensation if you are suffering due to medical malpractice. Medical bills are immense and you deserve the appropriate treatment.  If you are suffering because someone made a mistake or erred in a medical diagnosis, you should be compensated appropriately. However, to get what is due to you, you need a qualified and experienced attorney. Such expert help will increase your chances of receiving your claim. This will not only benefit you individually, but will also raise awareness of medical malpractices and encourage medical practitioners to take the utmost care.

Solomon Neuhardt of Neuhardt Law Firm, P.C. is an outstanding Montana medical malpractice attorney.  If you are in need of assistance, please feel free to request a free consultation.

Oct. 14th, 2009

Solomon Neuhardt

Speed Racing – KULR-8 News Features Solomon Neuhardt

The two-vehicle collision put three teens in the hospital with serious injuries. Firefighters had to use extraction equipment to remove the driver, who had been partially ejected from his vehicle.

The teens’ lawyer, Solomon Neuhardt said that drag racing is on the rise across the U.S. and kids might want to think twice before taking part. “It’s exciting, to teenage boys or girls, the idea of drag racing, the thrill of speed and so-forth but when you get into situations like this can suffer serious injuries and all of their injuries or some of their injuries might be permanent and lifelong.

The driver of the crashed vehicle was sited with a reckless driving ticket.

Accidents unfortunately happen every day. If you or a loved one have been injured in an accident call Sol Neuhardt at 406.294.9540 or email him at info@mtaccidentattorney.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it for a free consultation. Also the remainder of the website www.mtaccidentattorney.com is loaded with free information regarding accidents, dog bites, medical malpractice, dangerous products and many other related topics.

Solomon Neuhardt

Yaz/Yasmin: Birth Control Pill Can Cause Death


dealth pillsYaz and Yasmin are top selling oral contraceptive pills in the US. Manufactured by Bayer HeathCare Pharmaceuticals, Inc, Yasmin was approved by the FDA in May 2001. Apart from ethinyl estradiol, Yasmin contains drospirenone, which is widely used in birth control pills. Drospirenone is a new progestin, which also treats premenstrual dysphoric disorder (PMDD) and moderate acne in women. It is not used in any other contraceptive pill that has been approved by the FDA.

Yasmin prevents the ovary from ovulating, releasing eggs into the fallopian tube. The pill prevents male hormones from coming into contact with an egg by making the cervical mucus thicker, which makes it very difficult for the sperm to enter the uterus. Moreover, the lining of the uterus is altered to make the wall less receptive to a fertilized egg.

The main difference between Yaz and Yasmin lies in the amount of estrogen contained vis-à-vis the level of progestins, specifically desogestrel. Yasmin contains a larger quantity of ethinyl estradiol (estrogen) at 30 mcg, while Yaz contains only 20 mcg of estrogen. Yaz was approved in 2006 and touched a sales mark of $616 million by 2007. In 2008, the combined sales of both these pills reached approximately $1.8 billion.

What are the symptoms or side effects of Yaz and Yasmin?
A number of women are experiencing serious side effects after consuming YAZ/Yasmin. This is because Bayer did not issue sufficient warnings regarding the drug’s dangerous impacts, such as cardiovascular complications.

There have been reports of death of some women after the consumption of YAZ/Yasmin. The intake of these contraceptive pills leads to various blood clot risks, which may result in death. Some such risks are:
• Pulmonary Embolism (PE)
• Deep Vein Thrombosis (DVT)
• Strokes
• Heart Attacks

Drosprenone, which can augment the level of potassium in the blood, is especially dangerous for women suffering from kidney, adrenal and liver diseases. Obese women with high blood pressure or diabetes are also very susceptible to high potassium levels.

In August 2009, the British Medical Journal published the results of a study conducted by the Leiden University Medical Centre about the side effects of drospirenone birth control pills. According to the study, the level of venous thrombosis, which is a serious blood clot, increased 6.3-fold in women who consume drospirenone as compared to others who do not consume any contraceptive pill.

Law Suits against Bayer
Bayer HeathCare Pharmaceuticals, Inc is facing innumerable medical malpractice lawsuit cases all over the US because of the life threatening problems caused by the intake of Yaz and Yasmin. According to some lawsuits, the death toll of Yaz/Yasmin consumers was 50 between 1Q04 and 3Q08, as reported to the FDA. Most of the deceased women suffered from strokes, cardiac arrests and pulmonary embolisms due to increased blood potassium levels.

In October 2008, Bayer was issued a warning letter by the FDA about the content of two TV commercials promoting Yaz. Both of the commercials were allegedly promoting the unauthorized use of medicines. Bayer faced legal action by the attorney generals of 27 states, subsequent to the FDA’s warning letter. The deceptive commercials were soon stopped from being telecasted. Moreover, the company agreed to telecast new TV commercials targeted at correcting Yaz’s misleading claims by spending $20 million. The commercials came on air in the first quarter of 2009.

While many lawsuits have been filed against Bayer, several women across the country are still unaware of the potential side effects of Yaz/Yasmin. It is very important to see a physician at the earliest, if you face any of these complications. Moreover, you should get in touch with a lawyer who can help you claim damages against Bayer. The company is already facing several lawsuits across the US.

Solomon Neuhardt is a competent and understanding attorney in Billings, MT.  If you or someone you love has experienced health complications or even death because of this dangerous drug, please feel free to conact him for a free consultation.

Solomon Neuhardt

Dog Bites are Personal Injury


Dogs are considered man’s best friend. However, some dogs are unpredictable, can become aggressive and bite you for no apparent reason. Almost five million people suffer because of dog bites every year in the US. Many of these are due to the negligence of dog owners. Fortunately, a dog bite is regarded as personal injury as per the law in various states and is a liability for the owner.  If you have been bitten, you should contact a Montana personal injury attorney.

What Immediate Actions to Take in Case of a Dog Bite
An important fact about dog bites is that it is not limited to permanent disfigurement or injury. It can also lead to emotional trauma.
Immediate Actions:
• If the dog’s mouth is foaming, it is probably suffering from rabies. See a physician at the earliest.
• If possible, try to know the breed of the dog. It helps the physician assess the extent of the injury.
• Don’t quarrel with the dog’s owner.
• Report the incident to the police.
• Contact a personal injury attorney.

What You Should Know to Get Compensation for Hospital Bills
If you want to file a lawsuit against the dog owner, ensure that you have his/her contact information. It is important to know if the owner was aware of the aggressive behavior of the dog (or its breed). You should also enquire if the dog was given the required immunization on time. In case the owner incited the dog deliberately to scare you, you have a 100% chance of recouping the hospital bills by filing a lawsuit. A dog can also harm or injure you with its claws, in which case you have the right to recover damages.

Lawsuits against Dog Owners
It is depressing to know that of all the dog bite cases across the country, only one out of three have been reported. All states have laws governing dog attacks. However, there is some difference in the laws of the various states. What is common is that all these laws identify the dog owner to be liable for the injury. Most laws have been designed in a manner that the dog owner has limited defense in case of negligence.

So, if you have been bitten by a dog, or someone you know has suffered this trauma, the best thing to do is to contact a lawyer. A dog bite lawyer will ensure that you receive the maximum in damages.  Solomon Neuhardt is a top-notch Montana Personal Injury attorney.  Contact him for a free consultation today.


Solomon Neuhardt

Denture Cream and Zinc Poisoning

Did you know that your dental adhesive could be the source of many medical problems? In America more than 30 lawsuits have been filed in the multidistrict litigation against GlaxoSmithKline, the manufacturers of the Fixodent and Super PoliGrip brands. These cases were filed on behalf of individuals suffering from neuropathy and serious injuries from denture cream poisoning.

Denture Creams and Its Side Effects

Denture Cream and Zinc PoisoningDenture cream is a kind of adhesive that helps secure false teeth to the mouth comfortably for a few hours, depending upon the user and his activities. The infamous zinc content in the cream is Fixodent and Poligrip, which act as bonding agents. At the same time, the excessive use of zinc can lead to copper depletion in the body and subsequently cause many other neurological symptoms such as tingling of hands and numbness. Consumers of these creams have experienced neuropathy and other physical problems. Common symptoms that have been noticed are:

• Numbness or tingling in the feet, legs, hands and/or arms
• Tendency to stumble/fall down
• Extreme pain
• Significant loss of strength or ability to move legs or feet, arms and hands
• Slowdown in walking pace
• Lack of balance/instability
• Numbness
• Tingling
• Pain
• Weakness
• Loss of sensation
• Paralysis
• Difficulty in breathing
• Anemia

In some reported cases patients who suffer from zinc poisoning are confined to wheelchairs. Higher amount of zinc could lead to extreme weakness and other neuron symptoms. If not detected early and treated, these effects of zinc poisoning can be permanent.

Zinc Poisoning and Treatment

Zinc poisoning from denture creams is increasingly becoming a major health hazard. There are about 35 million Americans who wear dentures. Manufactures of these creams have provided little or no relevant warnings on the packets. Tests for zinc levels in the blood can determine promptly if a zinc overdose has resulted in poisoning.

Seek Professional Help

The injuries due to these dental creams can be prevented, but the manufacturers have time and again failed to provide warnings on product labels. Such callousness has left many people facing huge medical bills and being out of work. Manufacturers also fail to provide any details regarding the exact nature of zinc or its amount in their products.

If you or someone that you know is facing such issues, contact a dental cream poisoning attorney immediately. Only this will ensure that you get the right compensation. If your   neuropathy or neurological problems are due to these poisonous denture creams, claiming for these damages is your right.

Please feel free to contact Solomon Neuhardt, an attorney in Billings, MT for a free consultion to discuss your case.

Solomon Neuhardt

LEVAQUIN® Antibiotic Linked To Damaged Tendons

Levaquin, a quinolone antibiotic, has been linked to hundreds of cases related to tendonitis, serious tendon ruptures and injuries. This expensive drug is manufactured by Johnson & Johnson and Ortho-McNeil and marketed by Walgreen Co. Eye-related problems have also been associated with this drug. This fact was concluded by researchers at Casey Eye Institute at the Oregon Health and Science University in Portland and was featured in the September issue of Ophthalmology.

Levaquin, introduced in the US in 1997, is prescribed to treat bacterial infections in the lungs, skins, sinuses, kidneys, bladder, prostate and urinary tracts.

Action against Levaquin

The Food & Drug Administration (FDA) approved Levaquin in 1996. It took two years for the FDA to force Johnson & Johnson and Ortho-McNeil to issue a strong black-box warning of tendon damage and ruptures of the Achilles tendon on the label of this antibiotic. By this time thousands of people had already suffered needlessly from incapacitating injuries as well as undergone surgery and even extensive rehab program. Many Lavaquin users never really recovered from tendon injuries.

The labels failed to provide adequate warning, especially that chances of tendon injury was tripled for people older than 60 and people undergoing corticosteroid therapy.  Respected institutions, such as the IDSA Infectious Diseases Society of America and the US Centers for Disease Control and Prevention (CDC), have asked major retailers to reassess the promotion of this drug and/or candidly explain the side-effects.

There were around 1,044 tendon injuries and about 282 reports of tendon ruptures associated with the drug between 1997 and 2005. Hundreds of Levaquin lawsuits are already pending in American courts.

Levaquin: Side Effects
• Snap or pop in a tendon area
• Bruising right after an injury in a tendon area
• Inability to move the affected area or bear weight
• Pain, inflammation or swelling in a tendon area
• Arthralgia
• Nausea
• Pyrexia
• Dyspnoea
• Asthenia
• Fatigue
• Insomnia
• Pain in extremity
• Myalgia
• Pain

If you have used Levaquin and are experiencing any of these symptoms, you should seek medical help immediately.

Patients may also experience some long-term side effects, such as:
• Granulomatous liver disease
• Gastrooesophageal reflux disease
• Lymphadenopathy
• Inflammatory bowel disease
• Hypoaesthesia

Levaquin Tendon Personal Injury Lawsuit
If you or a loved one is suffering due to the side effects of Levaquin, you should contact a Levaquin tendon injury attorney immediately. It is your legal right to receive compensation for having suffered due to someone else’s negligence.

If you are in need of a personal injury attorney in Billings, MT, please contact Solomon Neuhardt for a free consultation.

Aug. 18th, 2009

Solomon Neuhardt

Mass Transit Accidents and Their Causes

Traveling via public transportion is definitely safer than a car, but accidents or death due to someone else’s negligence can never be totally avoided. Public transportation includes vehicle services that transport customers on local and regional routes. 

 
Public and Mass Transit Vehicles

The number of unlinked trips using public transport in 2007 stood at 10.3 billion, with 58.5% trips being via bus, 29.3% by heavy rail and 12.2% by others. Around 14 million Americans ride the public transport everyday and 34 million trips are made each weekday in the US. 

Vehicles that fall under the mass transit category are:

  • Buses
  • L-train
  • Mono Rails
  • Amtrak
  • Cable cars
  • Airlines
  • Ferries
  • Street Cars
  • Railroads
  • Trolleybuses
  • Planes
  • Taxi cabs
  • Shuttles
  • Limousine services
  • Elevators
  • Vanpools
  • Escalators
Accidents can happen in several ways but serious accidents involving the mass transit system usually happen due to carelessness or speeding. Here is a quick look at accidents and their possible causes: 

 

Bus accidents

  • Defective condition on the stairs of a bus.
  • Accidents due to overcrowding.
  • Bus driven in a negligent manner.
  • Faulty tires.
  • Injuries caused by sudden jerks or stops of a bus.
  • There are occasions where the bus has a pertinent manufacturing defect that leads to a fatal accident. The person responsible for the defect can be the designer, manufacturer, engineer or the distributor.
Ferry accidents:
  • These often happen when the ferry loses power and ultimately hits the dock, hurting the passengers.
  • Due to a defective product or negligence.
Subway Accidents
  • Turnstile defect can cause an accident
  • In a situation where a passenger gets stuck between the closing subway car doors or is caught in the doorway of a moving train
  • Imperfections in the tracks - large space between the subway platform edge and the door of the train
  • Low or no lighting – potential danger looms due to poor lighting, especially in the spaces between the platform and the incoming train.
  • Ill maintained stairways
  • Faulty Brakes
  • Operational errors

 

Plane Crash

  • Faulty seat belt
  • Speed sensors
  • Faulty altimeter
  • Defective tires
  • Negligence of airport staff
 If anyone close to you has been involved in an accident that has led to serious injury or wrongful death, immediately contact an experienced attorney to defend your case and get justice. Cases against the public transit authorities normally take time. It is advisable to carry the necessary documents needed for your defense.

Solomon Neuhardt

Benzene is a Human Carcinogen

In pursuit of economic growth, humans have long been exploiting the environment, starting with the Industrial Revolution in the 20th century. The World Health Organization (WHO) says that over 25% of the illnesses worldwide are caused by environmental toxins. One of the most widely used chemicals in the industries in the United States, benzene, has now been linked to cancer in humans. 

According to The Department of Health and Human Services and the National Institute for Occupational Safety and Health (NIOSH), exposure to benzene increases the chances of a person contracting cancer and leukemia. It is a known fact that benzene is directly responsible for acute myleoid leukemia, and cigarette smoke is a major source of this toxic chemical. Workers employed in industries using or producing benzene are therefore at high risk. 

Benzene and its side effects

According to the Environmental Protection Agency (EPA) exposure to benzene has affected nearly 50% of the American population. Use of benzene in industries started since its discovery in the early 19th century. Benzene is a highly inflammable colorless chemical and widely used in industries. 

Benzene is found in several products:

  • Crude oil
  • Gasoline
  • Cigarette smoke
  • Glues and adhesives
  • Paints
  • Furniture wax
  • Detergent
  • Petroleum
  • Printing solvents
  • Some types of plastics, pesticides, nylon, resins and dyes
 Benzene ranks among the top twenty chemicals produced in the US, heightening the risk of leukemia and cancer. Benzene has been directly or indirectly linked to the following forms of cancer:
    • Non-Hodgkins Lymphoma (NHL)
    • Acute Lymphoblastic Leukemia (ALL)
    • Myelodysplastic Syndrome
    • Acute Myelogenous Leukemia (AML)
Benzene: How does it work?

After a period of exposure to benzene, body cells begin to get paralyzed. For example, it can lead to anemia, a situation where the bone marrow is unable to produce red blood cells anymore. It can damage the immune system and lead to the loss of white blood cells. 

Long and short term effects of benzene on humans

Workers, such as pipe fitters, gasoline distribution workers, painters, leather manufacturers and refinery labor, are at highest risk. A person exposed to this chemical may develop signs and symptoms, such as:

  • Headaches
  • Perplexity
  • Drowsiness
  • Dizziness
  • Irregular heartbeat
  • Vomiting
  • Tremors
  • Unconsciousness
  • Spot death, at times
  • Women experiencing irregular menstrual periods and decrease in the size of ovaries
 If someone is affected due to high intake of benzene, first take him/her to an open space and help him/her inhale fresh air. There are times when hospitalization might be required. It is a primary responsibility of factory/industry owners that deal with benzene to take safety measures. Any negligence or carelessness can cause enormous physical pain and emotional suffering. If anyone close to you has suffered physical complications due to benzene exposure, contact an experienced personal injury lawyer for evaluation of the case.

Aug. 13th, 2009

Solomon Neuhardt

Things Drivers Should Know About Motorcycles on the Road



There are certain prejudices against motorcyclists in society whenever an accident occurs. There are more cars, buses and trucks than motorcycles on the roads today, and the number is increasing. There are rider training programs, operator licensing programs and public information campaigns. Still, people need to know more about motorcycle drivers and their safety. People drive under a lot of stress these days. Then there are those who drive under the influence of drugs or alcohol, increasing potential risk to all on the road. 


Things car/truck drivers should know about motorcyclists:

There were around 5,154 motorcycle deaths in 2007, the highest since 1975. The motorcycle fatalities represent 13% of all deaths in the US. The Motorcycle Safety Foundation has listed some guidelines which other drivers should be aware of:


  • Car/Truck owners should look for motorcycles at intersections - the point where most accidents happen.
  • Motorcycles might appear farther than their original distance from the car/truck - this is because it is smaller in size.
    Be careful while changing lanes or when you are at an intersection. It is also very difficult to track the speed of a motorcycle, mainly because of its size. 
  • Allow more distance behind a motorcycles at intersections.
  • A thumb-rule - when a motorcycle is in motion, think of it as a moving person.
  • ‘Better late than never’ is a proverb that works well for all drivers in the world. Drive safe.
  • Use seat belts.
  • Always use signals while turning.
  • Use your mirrors and be vigilant to check around the blind spots and intersections while you are changing lanes.
  • Do not tailgate and/or pass closely - Give space to motorcycle drivers.
     

Distractions drivers often face: 

There are can be many reasons for accidents, such as:

  • Children 
  • Cellular phones – Hand held
  • Satellite navigation systems
  • Audio systems
  • Eating/drinking while driving
     

Motorcycle drivers are more vulnerable and they need space. The fact remains that most motorcycle accidents happen because of negligence, unsafe roads and debris. If someone close to you has been injured while driving a motorcycle, immediately rush him/her to a doctor. Please collect important information, such as the number plate and time of the accident. You deserve legal representation if there is a case of negligence and careless driving. Contact an experienced personal injury lawyer to claim compensation.



 


 

Aug. 12th, 2009

Solomon Neuhardt

Safety First When it Comes to Motorcycles


Motorcycles: Safety First

Driving a motorcycle can be fun as well as convenient but statistics tell a different story. For more than a decade, there has been a steady increase in the number of motorcyclists who die on US roads. The number of deaths due to motorcycle accidents stood at 5,290 in 2008, which was 14% of the total accidents.

Motorcycle deaths on the rise

Motorbikes in the US are gaining popularity by the day, with about 75% more motorcycles registered today than a decade ago. Here are some figures that cause concern:

  • In the US, motorcycle accidents have increased by 6.6%
  • Nearly 49% of the bikers killed in various incidents were aged 40 or above and 31% were less than 30 years old in 2007
  • 26% of the riders involved in deadly crashes had invalid licenses
  • Blood alcohol concentration levels over 0.8% were found in over 27% of the motorcycle riders involved in fatal accidents

Most of the accidents were due to carelessness, reckless driving, speeding or negligence.

 

Safety tips for riders

 

A simple helmet can decrease the risk to a motorcyclist’s life by 29% and the risk of suffering traumatic brain injury by 67%. However, Montana still does not have a helmet law. Here are some basic safety tips that can mean a difference between life and death:

  •  Check components - check air pressure, lights, horn, mirrors and brakes before you start and make sure that the tank is full
  • Make sure that the chain is properly tensioned
  • Helmets - Undoubtedly a certified helmet is the best protective gear against head injuries. A good helmet cuts down wind noise, reduces fatigue and protects the eyes as well.
  • Keep your license updated
  • Overhaul your motorcycle engine periodically
  • Instruct your fellow passenger to limit excessive talking or movement
  • Do not exceed the weight limit marked in the manual while riding
  • Jackets and pants - the apparel worn should be made up of sturdy material like nylon, leather or corduroy
  • Gloves - always wear them, a thick material like leather can resist abrasions and injuries to the hands and fingers
  • Carry raingear
  • Obey traffic rules
  • Insure the vehicle and yourself
  • Do not drive under the influence alcohol or drugs
  • Night driving - One should wear brightly colored clothes during the night
 One of the most important things for riders to understand is to practice control over speed.

Biking means freedom, but exercising a few practical and basic steps while riding can keep you off the casualty list. If you or any one close to you meets a motorcycle accident or sustains serious injury, rush him/her to the nearest hospital. You deserve legal representation in case of rash driving or negligence of any sort. Contact your personal injury lawyer to evaluate the claims.


 

Aug. 11th, 2009

Solomon Neuhardt

Helmets Can Save Lives

 



Cyclists in Montana are probably the most ‘liberated’ people in the US, since the state of Montana does not have a helmet law in place. People need to, however, understand the difference between “freedom of choice” and safety. Wearing proper headgear can often make a difference between life and death. A helmet that costs less than $50 generates $570 worth of indirect benefits to the society, which includes medical costs caused by bike-related head injuries, future earnings and other tangible resources.

 Bicycle Accidents – Some Facts
Cyclists are recommended to wear safety helmets at all times. There are around 73-85 million bicycle riders in the US.   Around 1,300 deaths per year occur in the US due to bicycle related accidents, and head injuries account for over  60% of the bicycle related deaths. Here are some facts about bicycle accidents:
  •  Each year, 196 children less than the age of 15 die from bicycle-related injuries.
  • Over 90 percent cyclists meet with fatal accidents on US roads
  • Most of the victims are male and without protective gear
  • Riders without a helmet are 14 times more susceptible than a helmeted rider.
  • Helmets can protect head injuries affecting your brain, estimated at anywhere around 45 to 88 percent of the times.
  • Bicycle helmets offer substantial protection to the forehead and midface.
  • Non-helmeted cyclist injuries costs around $81 million each year in medical expenses, whereas indirect expenses add up to $2.3 billion.
  • About 75 percent of bicycle-related deadly accidents can be prevented among children with helmet use.
  • Most of the accidents happen to boys.
  • Falls are the cause of over 90 per cent of the accidents
  • The head is hit in 38 percent of the accidents.
  • If 85 percent of all child cyclists wear helmets for one year, the lifetime medical cost savings can be anywhere between $197 to $256 million
  • Every bicycle helmet saves health insurers $57 and auto insurers $17.
  • One third of the bicycle victims have high alcohol levels.

There can be no argument that safety helmets can be highly effective in preventing head related injuries, thereby minimizing health costs and, above all, saving lives. However, faulty helmet cases are also reported these days. If someone close to you has suffered brain damage or injury on the road due to someone else’s negligence, immediately contact a personal injury lawyer. The victim is entitled to monetary compensation against physical injury and emotional pain.

 

 

 

Aug. 7th, 2009

Solomon Neuhardt

Respect the Water: Practice Safe Boating








Boating, a pleasure and relaxing sport, can turn dangerous at times. Hundreds of people die each year and thousands are injured in boating accidents. Most accidents happen due to carelessness, ignorance or lack of experience. A careless attitude can cause such mishaps. Thus, a little caution can prevent accidents and save lives.

Boating Accident Figures

There are about 12,875,568 recreational boats in the United States and, according to the National Recreational Boating Safety Survey of 2007, there were around:

  • 5,191 boating accidents
  • 685 fatal accidents
  • 475 deaths caused by drowning
  • 3,673 injured needing serious medical treatment

Property loss was estimated at over $53 million.

Boating Activities and Rules in Montana

The beautiful state of Montana has about 2,673 ponds, lakes, reservoirs and other water bodies. A large number of these are frequented by residents and tourists for recreational activities.

The minimum federal requirements are:

  • Rented boats and watercraft: A person must be 18 years and above to rent a motorboat. Children below 18 years of age should not operate a motorboat that is more than ten horsepower, unescorted.
  • Motorboat operator certificate needed: The Montana Department of Fish, Wildlife and Parks conducts boat safety education programs and provides students certificates at the successful completion of the course. Boating classes are also held by the US Coast Guard Auxiliary.
  • Registration of boats: The registration of a vessel can be done after you obtain a certificate of ownership (title). After your vessel has been registered by the authorities, the certificate number should be kept aboard at all times.
  • Every passenger on board a watercraft must wear PFDs or personal flotation devices.
  • Equipment requirement: A person should ideally use (depending upon the size of boat) compass, charts, marine VHF radio, fixed fire extinguishing system, paddle, oar, flashlight, searchlight, binocular, first aid kit, bailers and other marine hardware.

Any person found violating the Montana boating laws can be fined up to $500 and/or sentenced up to six months in jail.

What to Avoid while Boating

While boating, it is advisable to not:

  • Consume alcohol or any other psychotropic substance
  • Discharge or throw matter of any kind (including trash, garbage and oil)
  • Drive recklessly harming nature or wildlife
  • Resort to reckless operation of the boat

In case of a major boating accident in US waters, you should immediately call for help, if possible. The accident should be reported to the local sheriff or game warden without delay. If you or your friend or relative has suffered any kind of injury or mental agony or you know someone who has died in a boating accident, contact an experienced marine attorney immediately. If the injury or death is due to another person’s negligence, the victim or his immediate family may be able to receive compensation and/or punitive damages.

Aug. 5th, 2009

Solomon Neuhardt

Insurance Holders and Bad Faith Practices

Under US law, most insurance companies are bound to practice the covenant of ‘good faith’ and ‘fair dealing’ when it comes to dealing with people on a daily basis. There are circumstances where an insurer denies rights to consumers without giving a good reason. This is called a ‘bad faith.’ The unwritten rule also is that insurers should always look at the financial interests of the insured or its customers in the same manner as they look at their interests. There always are; however, a few cases when insurance companies, whether automobile, homeowners and general, routinely follow ‘bad faith practices,’ This can be classified as:

  • Delaying payment or failing to settle a case;
  • Unreasonably denying/delaying a payment;
  • Refusing to settle a claim or offering less than what is justified;
  • Offering untimely settlement of claims;
  • Gross misrepresentation of actual coverage in the contract;
  • Failure to initiate an investigation towards a claim; and
  • Inadequate or complete denial of defense and indemnification.

The number of ‘bad practice’ cases is on the rise through a breach of contract and unethical business practices. A fair judgment must be achieved against dishonest, unscrupulous, deceptive and fraudulent insurance companies. This can be done by awarding significantly higher punitive damages to deter similar conduct by insurers.

Negative exposure of financial institutions through derivatives

Cases of derivatives, such as collateralized debt obligations (CDO), credit default swaps (CDS) and other mortgage-backed securities (MBS), are increasing and a growing market, worth $39 trillion. It has received negative reviews after insurance giants, such as AIG, Bear Sterns, Lehman Brothers, Washington Mutual and others, reportedly collapsed due to a volatile debt market.

These derivatives are financial instrument that is an unregulated/ privately negotiated contract, used to offset risks by creditors. It allows creditors to insure themselves in a situation when a borrower might default. Although initiated for legitimate protection, manipulative practices in this default swap market should be curbed for greater market stability, more transparency in the credit market and to restore ‘good faith practices.’

Filing a case

When you come to know about a bad claim, the defendant and the plaintiff’s, documents and defenses will be presented in court. You will have to bring the entire claim, underwriting file and the company’s handbook that describes what was promised. The insurance company in return will seek answers regarding the claims and damages you are seeking. The process of filing a case can be emotionally stressful, while being also considered part of bad faith practices. If you have ever been affected by a bad faith practice by an insurance company, then legal action should be taken to protect your insurance rights.

Aug. 4th, 2009

Solomon Neuhardt

Teenagers and Risks of Car Accidents

 In America, teenagers constitute the highest risk category when it comes to road accidents. Teen drivers are four times more vulnerable to casualties than any other age group. The main reason for this is that teenagers tend to not follow the law; they are unskilled and inexperienced drivers and are inclined to behave recklessly. There are various other reasons for car accidents as well. Let us quickly look at some facts:

  • Every year over 5,000 teenagers between the age group of 16 to 20 die due to car accidents;
  • Teenagers comprising 10% of the American population and account for 12% of all fatal crashes;
  • The 16-19 year old drivers comprise the highest risk in terms of people involved in car accidents;
  • In the US, about $26 billion is spent every year on drivers involved in accidents, male and female, aged under 24 years;
  • Of all fatal teen car accidents in 2007, one third were due to speed related collisions and one quarter due to driving under the influence of alcohol and/or drugs;
  • Around 53% of all fatal accidents involving a teenager happened on a weekend (between 9 PM to 6 AM);and
  • In 2007, every 2 out of 3 teenagers killed in a motor vehicle crash was male.

Why do fatal crashes happen?

Car accidents cause tremendous loss of property and life, apart from having a huge emotional impact. Thoughtlessness, unsafe driving and negligence are the primary reasons for fatal accidents among teenagers. The most common reasons for crashes are:

  • Speeding - Teenagers tend to drive over the speed limit;
  • Lost control - These are high speed crashes where a driver has lost control over the vehicle;
  • Substance/alcohol abuse - In 2007, around 29% of males and 15% of females who were fatally injured had high blood alcohol concentration (BAC) levels;
  • Low vision - Driving at night is a high risk activity for a teenager. Night driving can be twice as risky as driving during the day;
  • Lack of safety measures - Two-thirds of the teenagers who died in 2007 did not wear seat belts;
  • Defective airbags - There are times when the advanced frontal air bags meant to safeguard a driver’s life fail to protect;
  • Faulty seat belts - There have been incidents reported where the seat belts did not buckle or latch properly;
  • Faulty brakes - There are times when brakes of the vehicle did not work for technical reasons or simply failed;
  • Cell phone usage and driving- Texting and/or using mobile phones while driving can be fatal;
  • Tire malfunction - Under-inflation of tires is the most common cause of accidents;

How can accidents be prevented?

Responsible driving is something that needs to be instilled among teenage drivers. This can only happen if the parents guide their children to follow traffic rules. Tougher laws, such as for drinking and driving, should be enforced strictly.

What to do in case affected?

Thousands of Americans are left with incapacitating injuries each year after traffic accidents; some of them need permanent rehabilitative therapies. One should contact an experience personal injury lawyer in case of an accident that has occurred due to negligence or someone else’s fault, in order to recover lost wages, medical expenses and other costs.


 


Aug. 2nd, 2009

Solomon Neuhardt

Toxic Mold is a Rising Health Crisis

Mold was identified as the cause of mysterious deaths in farm animals in Europe in the 1930’s. A lot has changed since them; however, a Dripping Springs family in Austin, Texas, won a $32 million lawsuit against Farmers Insurance Group for toxic mold.

Mold and health related risks are growing and they should not be taken lightly. According to the Federal Emergency Management Agency (FEMA), mold and mildew develop quickly – in about 24-48 hours of water exposure.

Molds: What is it?

Mold is mostly harmless microscopic organisms/fungi that grow in damp environments. They are omnipresent and can be found in the soil, air, homes, workplaces, and basically any place that has moisture and some organic matter. The common indoor molds are Cladosporium, Alternaria, Aspergillus and Penicillium verrucosum. The two household molds, Stachybotrys and Memnoniella, are toxic and pose serious health risks to humans.

Modern Buildings are Susceptible to Mold

TYoxMol

Sick or fungi infested buildings are the major cause of fungal illnesses, mainly mycotoxicosis. Construction materials and techniques used in residential zones, retail/commercial stores, offices, factories and schools have undergone a change over the years in America. There is extensive usage of paper/cellulose based building materials, such as insulation, drywall, fiberboard, wallpaper and ceiling tiles. As a result, mold now has the perfect environment to grow and thrive when these materials become wet or even moist. Toxic molds created a pandemic when the south was hit by Hurricanes Katrina and Rita.

The “Toxic Mold Safety and Protection Act” addresses a few things, such as:

  • Scientific examination of molds and its after effects, and educating the public regarding this.
  • Provisions made for routine mold inspections for multi-unit residential properties and public housing.
  • Indoor mold hazard assistance and certain grants for the removal of mold from public buildings.
  • Tax credits for remediation and/or inspection of toxic mold.
  • Introduction of the national toxic mold insurance program with the help of the Federal Emergency Management Agency (FEMA). This program aims to protect humans against catastrophic losses caused by toxic mold.
  • Health care provisions, such as Medicaid, for mold victims.

Health hazards caused by Mold

If exposed to hazardous molds, such as Stachybotrys or Chaetomium, a person can experience headaches, respiratory problems and also suffer from:

  • Chronic bronchitis
  • Learning disabilities
  • Mental retardation 
  • Cancer
  • Heart related problems
  • Multiple sclerosis
  • Fibromyalgia
  • Lupus
  • Lungs bleeding
  • Multiple sensitivity towards chemicals
  • Rheumatoid arthritis
  • Chronic fatigue
  • Skin rashes
  • Loss of memory and/or brain damage (under extreme circumstances)
  • Lung disease
  • Infant death
  • Mood swings
  • Tremors
  • Anxiety

Is Your Home Safe?

In a situation where a family member is affected by toxic mold, you have a legal right to file a claim against:

  • Your landlord
  • People who sold you a mold infected house and did not disclose
  • Contractors who built your house
  • Homeowner’s insurance companies
  • Suppliers who provided defective/infected materials

You also have the legal right to cover the costs of:

  • Repair
  • Emotional distress
  • Medical expenses
  • Replacement/repair of ruined household items
  • Inspection charges

Mold is increasingly becoming a threat to us in the environment and the type of houses we live in. You need to contact an experienced and reliable lawyer in case you are affected by toxic mold to represent your case. 

Jul. 30th, 2009

Solomon Neuhardt

ATV Crashes and Faulty Designs

ATVSports can be dangerous; especially with an all terrain vehicle, popularly called an ATV. It is an extremely popular activity among children. An area of concern has been the increasing number of deaths related to ATVs in the US. The annual report of the USCPC – United States Consumer Product Safety Commission reveals that the total number of casualties due to ATV crashes totaled 542 in 2007. These crashes cost Americans a total of $6.5 billion in medical and legal fields every year. The rising figures have alarmed consumer groups, environmentalists, child safety advocates as well as medical professionals.

The American Academy of Orthopedic surgeons collectively believe that that the use of ATV poses a major threat to public safety as the ATV industry fails to upgrade safety measures.

Why ATVs are dangerous

Recent reports have proved that certain ATVs have design flaws. Such flaws can endanger a rider, leading to serious accidents and subsequently death, in some cases.

Other reasons that make ATVs dangerous are:

  • It has high a center of gravity
  • Lack of suspension impacts the vehicle
  • It has little or no rear wheel differential
  • It is unstable at high speed
  • Widespread ATV misuse (high speed, riding in low lighting conditions without proper safety measures, lack of expertise in driving)
  • Driving under influence of alcohol and/or drugs
  • Driving in unsuitable places like roads, streets and/or highways

Further, daring riders tend to incline too much and ultimately rollover with the vehicle leading to fatal circumstances.

Are Advertisements Misleading?

An average ATV will not be able to move in steep inclines, but sometimes their marketing material says so. The vehicle is specially designed to a limited zone, usage and circumstances. Lack of sincerity is seen with ATV manufacturers; their enticing TV ad campaigns show a glamorous and daring side of ATV products, making it popular among teenagers and young men. The makers make a deliberate attempt to underplay risks and hazards associated with ATV driving. The ATVs are designed for flat surfaces only with an exception of mild incline.

Precautionary steps

An ATV rider should undergo special training for correct usage of this vehicle. One should check designs of the ATVs and avoid ill famed vehicles like the Yamaha Rhino ATV. Other precautions include:

  • Protective clothing
  • Special training and rider education
  • Understand usage of ATV

Seek legal help

Many states in the US report ATV crashes to law enforcement divisions within a certain time period. You have a legal right to claim money and file lawsuits against those who deliberately cause or are responsible for acts of recklessness and negligence. Even an adult failing to supervise correct usage of ATV can be held responsible in case of an accident. To claim injury benefits, consult an experienced attorney right away.

  

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