Road Construction Injuries
Posted by: euser
July 07, 2008

With all of the road construction this time of year, an injury to a motorist who is using a roadway under construction is a distinct possibility. A construction company or contractor may be held liable if it created a hazardous environment, did not properly warn motorists of the hazard, and injury resulted.

To make a case in an action for death or injury caused by failure to properly warn of road construction hazards, a plaintiff must generally prove four elements. First, the plaintiff must show that the road construction performed by the defendant created a hazard to motorists using the roadway. Potential hazards include holes in the road, debris or equipment in the roadway, an abnormal road surface condition, and traffic detours and diversions. It is generally unnecessary for the plaintiff to show that the defendant knew of the hazard because a defendant is automatically charged with notice of hazards that it created. A defendant does not have a responsibility to protect motorists from hazards that it did not create or that have arisen naturally.

Second, it must be shown that the defendant had a duty to warn of the hazard it had created. The traditional standard of duty required is to exercise ordinary and reasonable care to ensure that roads under construction are safe for motorists who are exercising reasonable care for their own safety. State statutes, ordinances, regulations. and the construction contract itself may impose more specific requirements, and the duty required may differ depending on whether the defendant is a governmental entity or private contractor. This duty is generally owed to all motor vehicle operators and passengers, as well as to pedestrians and bicyclists.

Third, a plaintiff must show that the defendant failed to provide adequate signs, signals, or devices to warn of the hazard. Warning signals must be easily visible to an approaching motorist, not to someone who is standing still, and must give the motorists adequate time to respond to the oncoming hazard. The adequacy of a warning signal can be challenged in various ways, for example by arguing that it was not of sufficient size, was not positioned correctly, was obstructed from view, was not lighted or reflective for night driving, or did not comply with customary standards. Where the defendant had installed adequate warning signals that later became missing or dysfunctional, the plaintiff may be required to show that the defendant had notice that they were no longer in place or were not functioning properly.

Fourth, the plaintiff must prove that the defendant's failure to provide adequate warning of the hazard was the proximate cause of the plaintiff's injury or death. The defendant's failure need not necessarily be the sole cause of the injury, but must be a substantial factor.

A defendant has several defenses available in a lawsuit for failure to provide adequate warning of a road construction hazard. If the defendant is a governmental entity it may be protected by governmental immunity. This immunity may also be available to private contractors who contracted with a governmental entity and are working on behalf of the government. However, governmental immunity in this area has been waived by some states. Of course a defendant also has a defense if it did not have a duty to warn or if it fulfilled that duty.

In addition, the defendant may have a defense if the plaintiff's own negligence caused or partially caused the injury or death. This may be the case if the plaintiff was not attentive to road conditions, such that additional warnings would not have prevented the plaintiff's accident anyway. The plaintiff may also have been driving in a reckless or dangerous manner, such as speeding or driving while impaired. Lastly, the hazard may have been so open and obvious that its very presence was as effective as any warning sign would have been.

Minnesota has a statute of limitations for motor vehicle accidents, and your lawsuit could be time-barred if not commenced within the statutory period. The attorneys at Milavetz, Gallop & Milavetz are experienced and knowledgeable in this area and can help to evaluate your potential claim today.

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Possible E. coli Contamination Forces General Mills to Recall Totino?s and Jeno?s Frozen Pizzas
Posted by: euser
November 06, 2007

On November 1, 2007, General Mills announced a recall of Totino's and Jeno's frozen pizzas with pepperoni toppings because the pepperoni may be contaminated with E. coli O157:H7.

The potential E. coli contamination was uncovered by state and federal authorities investigating 21 E. coli-related illnesses in 10 states.  Nine of the 21 people reported having eaten Totino's or Jeno's pizza with pepperoni topping at some point before becoming ill.  The first reported case occurred on July 20, with the latest case being reported on October 10.

The recall affects approximately 414,000 cases of pizza products currently in stores and similar products in consumer's freezers.  Each case contains 12 pizzas, meaning that close to 5 million individual pizzas are subject to the recall.  The recall includes eight types of Totino's brand frozen pizza and three types of Jeno's brand frozen pizza with pepperoni topping, or pepperoni in combination with other toppings.

E. coli O157:H7 is a potentially deadly bacteria that can cause hemorrhagic colitis, which is the sudden onset of stomach pain and severe cramps, followed by bloody diarrhea and dehydration.  The symptoms of E. coli poisoning usually occur within 3 to 9 days after a victim eats contaminated foods and the illness lasts for approximately one week.  Those most vulnerable to this disease include the very young, seniors, and persons with compromised immune systems.

If you or a loved one became infected with E. coli after eating contaminated Totino's or Jeno's frozen pizzas with pepperoni toppings, please contact the attorneys of Milavetz, Gallop & Milavetz, P.A. 

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Minnesota Recognizes Negligent Credentialing
Posted by: euser
October 04, 2007

The Minnesota Supreme Court decided recently in the case of Larson v. Wasemiller that Minnesota law recognizes a cause of action against a hospital for negligent credentialing/privileging of a physician.

Physicians who are independent contractors must be "credentialed" to be granted hospital privileges and access to hospital facilities. Each hospital has a credentialing committee that reviews the background, character, and qualifications of physicians to determine whether a particular physician should be credentialed at that hospital. A hospital has a duty to exercise reasonable care when selecting is medical staff to permit only competent and qualified physicians the privilege of using its facilities. The committee must therefore perform an adequate investigation to ensure that a physician it credentials is competent and qualified. This duty of care is owed to all hospital patients because it is reasonably foreseeable that negligent credentialing will cause harm.

What information was actually acquired and reviewed by a credentialing committee when making a credentialing decision, and what transpired during a credentialing meeting, must be held confidential under Minnesota statute, and is not subject to subpoena or discovery. However, the Larson court determined that this requirement of confidentiality does not preclude a cause of action for negligent credentialing because negligence can be shown by what was actually known or what should have been known by the hospital and committee at the time of the credentialing decision.

Although Minnesota law on this subject is thus far limited to what was discussed in Larson, many other states have also recognized negligent credentialing as a cause of action. Generally for a hospital to be held liable for negligent credentialing, it must be shown that the hospital knew or should have known that the particular physician did not possess the proper professional competence to practice. Expert testimony is usually required to show that the committee deviated from an ordinary standard of care when making a credentialing determination. A claim of negligent credentialing has been most successful in other states when there was a grievous oversight by the credentialing committee, such as not discovering previous malpractice claims against a physician or not checking into whether the physician was properly trained or certified. Moreover, it must be shown that the physician's incompetence directly and proximately caused the plaintiff patient's injuries or death.

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Product Liability
Posted by: euser
October 04, 2007

Product designers, manufacturers, distributors, and sellers may be held liable when a consumer is injured by an "unreasonably dangerous" product. A product is generally considered "unreasonably dangerous" when the likelihood and magnitude of probable harm from the product is greater than the cost of preventing the harm. A manufacturer does not have a duty to make a product entirely accident-proof or foolproof, only free from unreasonable dangers.

Defendant sellers and manufacturers can be held liable for a defective product under either a negligence or strict liability theory of law, depending on the evidence available and the circumstances of the case, although such cases are more often brought under strict liability. In order to recover under a strict liability theory, a plaintiff must establish that the defendant's product was in a defective condition unreasonably dangerous for its intended use, that the defect existed when the product left the defendant's control, and that the defect was the "proximate cause" of the injury sustained (that is, the cause that directly produced the injury and without which the injury would not have occurred).

A particular defendant will only be held liable if the product was in a defective condition at the time that it was sold or distributed to the consumer. The defendant generally will not be liable if the product was to be substantially changed before reaching the consumer, or if the consumer altered or modified the product in a way that made it dangerous. Moreover, a defendant will only be held liable for injuries arising from the intended use of the product or a use which, although unintended, was reasonably foreseeable, but not for misuse that would not have been reasonably anticipated.

There are three main types of product defects:

1. Manufacturing Defect: The product departs from its intended design and doesn't work the way it was meant to.

2. Design Defect: The product works as it was meant to, but something in its design makes it unreasonably dangerous and that danger could have been avoided or minimized by a reasonable alternative design.

3. Defective/Inadequate Warnings: A foreseeable risk of harm could have been reduced or avoided by providing reasonable warnings of danger or instructions for safe use of the product. However, no warning may be necessary where the danger is or should be obvious to the consumer.

Defenses to Product Liability: A defendant seller or manufacturer has several available defenses that may absolve or limit liability.

1. Comparative and Contributory Negligence: In a case brought under a theory of negligence, a plaintiff's own negligence that played a part in causing the injury may reduce the amount of damages recoverable or be significant enough to bar recovery entirely.

2. Assumption of Risk: If a plaintiff voluntarily takes on a known risk of loss, injury, or damage in using the product, the plaintiff may be completely barred from recovery.

3. Expiration: Under Minnesota statute, a manufacturer or seller has a defense if injury from the product was sustained following the "expiration of the ordinary useful life of the product" (that is, after the period during which a similar, effective product would be reasonably safe to use).

The attorneys at Milavetz, Gallop & Milavetz are experienced and knowledgeable in this area and can help to evaluate your potential product liability case today.

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School Bus Injuries
Posted by: euser
August 03, 2007

The Minnesota legislature has enacted several statutes governing the safe operation of school buses. Additionally, the state's Commissioner of Public Safety has been authorized to adopt further rules regarding the operation of school buses, which are to have the same force and effect of law as though the state legislature had enacted them as well. The same laws apply to a bus whether it is owned and operated by the school district itself, or whether it is owned and operated by a private company under contract with the school. A school bus driver's failure to abide by one of these regulations makes a strong, if not absolute, case for negligence.

Additionally, Minnesota courts have held school districts liable for negligent operation or supervision of school buses even without the violation of an enumerated rule. School bus drivers have a heightened duty of care towards the children they are transporting because they are operating a "common carrier" (ex. airplanes, buses, passenger ships, taxicabs, trains). A common carrier must exercise the highest degree of care and foresight for the safety of its passengers consistent with the proper conduct of its business, and must take every reasonable precaution to protect the passengers from injury. This includes an obligation to have skilled and careful drivers who are alert at all times to discover and avoid danger. Moreover, a higher duty of care is also generally owed towards children than towards adults.

When letting children off the bus, a school bus driver's duty extends beyond merely activating the stop sign and flashing lights, and includes the responsibility to find a safe location for schoolchildren to depart the bus. The driver's duty continues until the children have disembarked to a place of safety. If an automobile driver fails to properly stop for a school bus and hits a child who has just departed from the bus, that automobile driver's negligence may not excuse the bus driver's failure to fulfil his duties.

Moreover, school bus drivers have a duty to reasonably supervise the activities of schoolchildren while they are on the bus. Although there is certainly no requirement to provide constant supervision, a driver may be held responsible if a student is injured by another student under circumstances where injury was reasonably foreseeable and would probably have been prevented by ordinary supervision.

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I was Injured by a Drunk Driver. Can I Sue the Bar or Liquor Store that Sold the Alcohol?
Posted by: euser
August 03, 2007

Under Minnesota Statute 340A.801, a person who is injured, suffers property damage, loses means of support, or incurs other pecuniary loss by an intoxicated person has a right of action for damages against a person who caused the intoxication by illegally selling alcoholic beverages. A sale of alcohol is illegal, for example, when it is to a person under the age of 21 or to an "obviously intoxicated person," or when the sale takes place during certain prohibited hours (between 2:00 a.m. and 8:00 a.m. Monday through Saturday and after 2:00 a.m. on Sunday) or on prohibited days (Thanksgiving, Christmas, and after 8:00 p.m. on Christmas Eve). It is not necessary for the seller to have a license for liquor sale for dram shop liability to apply. An intoxicated person who is injured cannot bring a lawsuit against the seller for providing the alcohol, nor can the intoxicate person's insurance company.

Unlike under state traffic laws, a finding of intoxication or obvious intoxication under Minnesota's dram shop statute does not require proof of any specific amount of alcohol consumed or any particular blood alcohol content. Rather, there must simply be proof that, as a result of drinking alcohol, the person lost control of his or her mental, verbal, or physical facilities to any extent and that such condition was or should have been reasonably observable or apparent to the seller.

For the seller of the alcoholic beverages to be held liable, a plaintiff must also show that the illegal sale caused the intoxication, and that the intoxication caused the accident. The sale at issue need not be the sole cause of the intoxication - it may be enough that the particular sale was a contributing cause. However, the amount of time elapsed between the sale and consumption or between the sale and accident, or the occurrence of other intervening events, may so attenuate the circumstances that a judge or jury would fail to find a causal relationship

Minnesota's statute of limitations for bringing a dram shop action is two years from the date of injury, although notice may need to be earlier served on the seller. The attorneys at Milavetz, Gallop & Milavetz are experienced and knowledgeable in this area and can help to evaluate your potential dram shop claim today.

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Resources to Assist You in the Aftermath of the 35W Bridge Disaster:
Posted by: euser
August 02, 2007

We know that many of our clients, friends, and family have been affected by the recent Interstate 35W bridge disaster. This is our way of trying to help.

In the case of an emergency, always dial 911

To contact the American Red Cross:

www.redcross.org

800-REDCROSS

612-871-7676

To find out about donating blood:

www.givelife.org

www.givebloodgivelife.org

800-GIVELIFE

888-GIVEBLD

To register yourself as safe and well or to search for information on a loved one:

www.safeandwell.org

612-871-7676

To locate the hospital nearest you:

www.mnhospitals.org

800-462-5393

To locate a counseling service:

www.50states.com/minnesota/counseling_services.htm

For information on the City of Minneapolis:

www.ci.minneapolis.mn.us

Dial 311 if you are within Minneapolis city limits, or 612-673-3000 if outside city limits

For information on road conditions and detours:

http://www.dot.state.mn.us

800-657-3774

For information on Twin Cities public transportation:

www.metrotransit.org

612-373-3333

To find out about volunteering:

www.handsontwincities.org

612-379-4900

To contact the Salvation Army:

www.thesalarmy.com

651-746-3400

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First Quarter 2007?How much money could your injuries really be worth?
Posted by: euser
July 26, 2007

1.          Injury-                              Facial scarring; metacarpal fracture; clavicle fracture; concussion.

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Can I Sue a City if I Slip and Fall on an Icy Sidewalk?
Posted by: euser
July 24, 2007

A municipality generally owes a duty to the public to exercise reasonable care in maintaining sidewalks and other public ways in a safe condition for passage. This duty extends to eliminating dangerous conditions caused by accumulation of snow and ice. However, because our state's climate makes it impossible to keep all sidewalks completely clear of snow and ice during the winter, the Minnesota legislature and courts have limited this duty by imposing various restrictions on the ability to bring this type of slip and fall action against a municipality:

1. Statutory Immunity: Under Minnesota Statute 466.03, subd. 4, a municipality is immune from a claim based on snow or ice conditions on any highway or public sidewalk that does not abut a publicly owned building or publicly owned parking lot, except when the condition is affirmatively caused by the negligent acts of the municipality.

2. Mere-Slipperiness Rule: During a Minnesota winter, a person could potentially slip and fall almost anywhere. Therefore, the courts have established the "mere-slipperiness rule," which states that mere slipperiness of a sidewalk is not negligence for which a city can be held liable. However, failure of a city to clear a sidewalk when ice or snow has accumulated in such a way and for such a period of time as to form dangerous ridges, irregularities in height, or angles of inclination that would be likely to obstruct travel or trip pedestrians or cause them to fall may give rise to an action for negligence.

3. Actual or Constructive Notice: Before a city can be held liable for failure to properly maintain a sidewalk, it must have had actual or constructive notice of the sidewalk's perilous condition a sufficient time before the accident to allow a reasonable opportunity to remedy the condition or otherwise guard the public from it. Constructive notice is notice that is presumed by law, such that the person should have had knowledge of the particular condition (for example, when ice repeatedly accumulates in a particularly dangerous manner in a certain location).

4. Artificial Causes vs. Natural Causes: The above limitations apply whether the ice has accumulated through the natural fall of rain or snow, or whether through artificial causes such as water running from a hose.

5. Contributory/Comparative Negligence: Additionally, a city may be able to reduce or avoid liability through contributory or comparative negligence by showing that you failed to use the degree of care that a reasonable person would have used under the circumstances to prevent the slip and fall from occurring. This may be demonstrated, for example, if you had, but did not take, a safer alternate route or if you could have seen the dangerous condition and avoided it in time.

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Introduction to Medical Malpractice
Posted by: euser
July 24, 2007

Medical malpractice is defined as a doctor's failure to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would use under similar circumstances. Because medical malpractice is an action for negligence on the part of the medical provider, a plaintiff who brings such an action must prove by a preponderance of evidence the four elements of negligence:

1. Duty: The plaintiff must show the standard of care recognized by the medical community for the particular medical condition at issue. A member of the medical profession is required to possess a reasonable degree of skill and learning and exercise that skill and learning with due care.

2. Breach: The plaintiff must show that the particular medical provider departed from that standard of care by action or inaction. A medical professional will generally not be liable just because he or she made a mistake or achieved a bad result.

3. Causation: The plaintiff must show that the defendant's breach of duty was a direct ("proximate") cause of an injury to the plaintiff in that it is more probable that the injury occurred from the breach of duty than from anything else.

4. Damages: The plaintiff must show that he or she was injured.

These elements must usually be proven by expert testimony because of the specialized scientific knowledge that is required to evaluate a medical malpractice case. The expert medical witness is required to have sufficient scientific knowledge of and some practical experience with the subject matter of the offered testimony. However, expert testimony may not be necessary where the alleged negligent conduct is within the range of common knowledge, such that a jury could determine the case using commonsense.

Minnesota has a four year statute of limitations for medical malpractice, meaning that your case may be time-barred if a lawsuit is not commenced within four years of the date on which the cause of action "accrued." For a single act of alleged negligence, the cause of action accrues on the date of the act or at the time the plaintiff sustains damage from the act. For a malpractice claim arising from a course of treatment rather than a single act, the cause of action accrues on the date the medical provider's treatment for the particular condition at issue ceases.

The attorneys at Milavetz, Gallop & Milavetz are experienced and knowledgeable in the area of medical malpractice and can help to evaluate your potential malpractice claim today.

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How Much is My Case Worth?
Posted by: euser
April 19, 2007

All experienced personal injury lawyers and insurance companies determine the value of any personal injury case on the basis of what juries have awarded in similar cases.  Even though the primary goal is to reach a claim settlement without going to trial, the settlement value of any personal injury or wrongful death claim is determined by comparing the case to other similar cases in which juries have reached a decision in previous court cases. 

The process is much like that of the investor who will carefully assess the characteristics of a stock and then compare it against other similar stock in the market that have sold or been bought in the market recently. However, since personal injury cases differ greatly, and much more than stock differs, the process of evaluating a personal injury case is much more difficult.

The most important factor affecting the value of any personal injury case is the nature and extent of the permanent injury or permanent disability. If an injured person makes a complete recovery with little or no permanent damage, the claim is worth far less than is the case where the injured person is left with considerable permanent injury or permanent disability.  This is true whether the case is one of a car accident, trucking accident, motorcycle accident, defective product claim, dog bite injury, medical malpractice, wrongful death or drunk driver injury claim.

In the typical case, the nature and extent of the permanent injury or disability cannot be accurately assessed until the healing period is over and the doctors are able to write a medical report stating the amount of permanent injury or disability. Accordingly, it is very difficult, if not impossible, to place a reliable value on a personal injury case until the healing period is over and the doctor has issued his or her final medical opinion. That process often takes more than one year.

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Minnesota Burn Injury Attorneys
Posted by: euser
January 31, 2007

Burn Injury Attorneys

A burn injury can be one of the most traumatic personal injuries a person can suffer.  In addition to causing irreplaceable property loss, fires can also cause burn injuries that are disfiguring, painful, and even deadly.  Serious burn injuries commonly involve long-term hospitalization, ongoing medical treatment, and physical therapy.  In addition, victims of a burn injury may require psychological counseling to help overcome the trauma associated with such an injury. 

Milavetz, Gallop, and Milavetz, P.A., has the experience and knowledge to effectively represent burn victims harmed by the fault of another, including car accidents, products liability cases, and worker?s compensation incidents.  With our decades of experience, we can help you seek compensation and hold the at-fault party responsible for your injuries.  If you are seeking damages against an individual or insurance company, trust us to use our experience and knowledge of burn injuries and the insurance industry to protect and assert your rights.

• Alisa Ann Ruch Burn Foundation

-nonprofit health organization dedicated to burn prevention and survivor assistance

Alisa Ann Ruch Burn Foundation
3600 Ocean View Boulevard, #1
Glendale, CA 91208
(800) 242-2876 or (818) 249-2230
e-mail: aarbf@aarbf.org
Internet: http://www.aarbf.org

• American Burn Association

-nonprofit health association dedicated to addressing the problems of burn injuries and burn survivors throughout the United States, Canada, and other countries

American Burn Association
625 N. Michigan Avenue, Suite 1530
Chicago, IL 60611
(800) 548-2876 or (312) 642-9260
e-mail: info@ameriburn.org
Internet: http://www.ameriburn.org

• American College of Surgeons

-a scientific and educational association of surgeons that was founded in 1913 to improve the quality of care for the surgical patient by setting high standards for surgical education and practice

American College ofSurgeons
633 North St. Clair Street
Chicago, IL 60611-3211
(312) 202-5155
e-mail: ko'donnell@facs.org
Internet: http://www.facs.org

• American Trauma Society

-nonprofit health association dedicated to the prevention of trauma and the improvement of trauma care

American Trauma Society
8903 Presidential Parkway, Suite 512
Upper Marlboro, MD 20772
(800) 556-7890 or (301) 420-4189
e-mail: atstrauma@aol.com
Internet: http://www.amtrauma.org

• Burn Survivor.org

-non-profit organization focused on education, prevention, motivation?the non-medical, and more emotional side of burn care

Burn Survivor.org
PO Box 16334
Chapel Hill, NC 27516
e-mail: info@burnsurvivor.org
Internet: http://www.burnsurvivor.org

• MEDLINEplus Health Topics: Burns

-a variety of online resources maintained by the National Library of Medicine

MEDLINEplus Health Topics
National Library of Medicine
8600 Rockville Pike
Bethesda, MD 20894
(888) 346-3656
Internet: http://www.nlm.nih.gov/medlineplus/burns.html 
http://www.nlm.nih.gov/medlineplus/ency/article/000030.htm

• National Center for Injury Prevention and Control

-a national agency to reduce injury, disability, death, and costs associated with injuries outside the workplace; established in 1992 by the Centers for Disease Control and Prevention

National Center for Injury Prevention and Control
Office of Communications Resources
Mailstop K65
4770 Buford Highway NE
Atlanta, GA 30341
(770) 488-3724
e-mail: OHCINFO@cdc.gov
Internet: http://www.cdc.gov/ncipc

• The Phoenix Society for Burn Survivors, Inc.

-international, nonprofit organization helping burn survivors and their families

The Phoenix Society for Burn Survivors, Inc.
2153 Wealthy SE, Suite 215
East Grand Rapids, MI 49506
(800) 888-2876 or (616) 458-2773
e-mail: info@phoenix-society.org
Internet: http://www.phoenix-society.org

• Shriners Hospitals for Children

-a nationwide network of 22 hospitals that provide no-cost orthopedic and burn care to children under 18 years of age, regardless of financial need

International Shrine Headquarters
2900 Rocky Point Drive
Tampa, FL 33607
(800) 237-5055 or (813) 281-0300
Internet: http://www.shrinershq.org

• The Shock Society

-society whose purpose is to facilitate the integration of basic and clinical disciplines in the study of the causes of, and treatments for, traumatic injury and shock

The Shock Society
1021 15^th Street, Suite 9
Augusta, GA 30901
(706) 722-7511
e-mail: maps@csranet.com
Internet: http://www2.musc.edu/shock.html

• Society of Critical Care Medicine

-nonprofit international, multidisciplinary, scientific and educational organization whose mission is to secure the highest quality care for all critically ill and injured patients

Society of Critical Care Medicine
One East Erie Street, Suite 200
Chicago, IL 60611
(312) 601-4500
e-mail: info@sccm.org
Internet: http://www.sccm.org

• World Burn Foundation

-online resource providing information and support for burn survivors and family members

World Burn Foundation Inc.
9663 Santa Monica Blvd., Suite 792
Beverly Hills,CA 90210
(310) 858-1717
e-mail: info@burnsurvivorsonline.com
Internet: http://www.BurnSurvivorsOnline.com

• Wounds1.com

-knowledge cooperative that offers information on wound care, including news features, technology reports, searchable databases of the wound-related conditions and possible treatments, and interactive tools where patients can tell their stories and ask experts questions

Body1, Inc.
222 Third Street
Cambridge, MA 02142
(617) 576-9400
e-mail: support@wounds1.com
Internet: http://www.wounds1.com

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Minnesota Brain Injury Attorneys
Posted by: euser
January 31, 2007

Brain Injuries

• approximately 1 million head-injured people are treated in hospital emergency rooms,

• approximately 270,000 people experience a moderate or severe TBI,

• approximately 60,000 new cases of epilepsy occur as a result of head trauma,

• approximately 230,000 people are hospitalized for TBI and survive,

• approximately 80,000 of these survivors live with significant disabilities as a result of the injury, and

• approximately 70,000 people die from head injury.

• Speech impairment

• Paralysis

• Perception difficulties

• Communication difficulties

• Mood changes

• Seizures

• Depression

• Memory problems

• Difficulty concentrating

• Spastic muscles

http://www.tbimatters.org/

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Wrongful Death
Posted by: euser
January 31, 2007

There are few things more tragic that the death of a family member or loved one. That tragedy is compounded when that person died because of the negligent actions of another. Unfortunately, negligent actions sometimes do result in another?s death, leaving the family to carry substantial emotional and financial burdens.

There are several circumstances under which a wrongful death could occur, including:

                    Death as the result of a defective product

Typically, surviving family members are entitled to financial damages, known as pecuniary damages, for loss of support, medical and funeral expenses, future earnings, and pain and suffering. Minnesota also allows the recovery of punitive damages in limited situations. Further, there are important time considerations in regards to statutory periods of limitation.

If you or someone who know believes that have a wrongful death claim, contact the experienced attorneys of Milavetz, Gallop & Milavetz, P.A. to work for you. With over 40 years of experience in the personal injury, our attorneys have a proven track record of achieving justice for our clients. It is imperative that you act quickly if you have been injured, as your claim may be barred by a period of limitations if legal representation is not contacted.

If you would like more information on wrongful death claims, please contact our offices at (952) 920-7777 or toll-free at 1-800-365-6666. The personal injury attorneys at Milavetz, Gallop & Milavetz, P.A. also represent clients in other accidents, such as automobile, semi-trailer, and motorcycle accidents, as well as medical malpractice and other personal injury claims.

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Trucking Accidents
Posted by: euser
January 31, 2007

Accidents involving commercial trucks and trailers are unfortunately all too common. Due to their sheer size in comparison with other vehicles, collisions involving tractor-trailers have a devastating impact. At times, these collisions are amplified by the trailer?s cargo, which could consist of dangerous road obstacles such as logs, hazardous waste, and gasoline. In sum, semi-trailer accidents may lead to multi-vehicle collisions, substantial injury, and fatalities.

As with other vehicle collisions, some of the most common causes of trucking accidents occur because of driver inattention, unsafe driving, high speeds, and weather conditions. However, there are other factors peculiar to trucking accidents that significantly increase the likelihood of substantial injury. These include, among others:

     Driver fatigue, primarily the result of the demanding expectations trucking companies place on their drivers

     Inadequate training and experience of the drivers

     Faulty brakes, lights, or other devices

     Unsecured cargo

     Jackknifing

Typically, litigation revolves around the negligence of the owner or operator of the truck, as well as the manufacturers of any faulty equipment. Various state and federal regulations are involved, as is the trucking company?s responsibility of employing experienced, skilled truckers working an appropriately demanding schedule.

If you or someone who know is involved in a tractor-trailer collision, contact the experienced attorneys of Milavetz, Gallop & Milavetz, P.A. to work for you. With over 40 years of experience in the personal injury, our attorneys have a proven track record of achieving justice for our clients. It is imperative that you act quickly if you have been injured, as your claim may be barred by a period of limitations if legal representation is not contacted.

If you would like more information on tractor-trailer collision injuries, please contact our offices at (952) 920-7777 or toll-free at 1-800-365-6666. The personal injury attorneys at Milavetz, Gallop & Milavetz, P.A. also represent clients in other accidents, such as automobile and motorcycle accidents, as well as medical malpractice and wrongful-death claims.

American Trucking Associations - www.trucking.org (National organization representing the trucking industry)

Federal Motor Carrier Safety Administration - www.fmcsa.dot.gov (Government agency focused on reducing crashes involving large trucks)

Insurance Institute for Highway Safety/Highway Loss Data Institute - www.hwysafety.org (Nonprofit organization dedicated to reducing number of highway crashes)

Minnesota Department of Transportation - www.dot.state.mn.us

Minnesota Driver and Vehicle Services - www.dps.state.mn.us/dvs/index.html

National Highway Traffic Safety Administration - www.nhtsa.dot.gov (Agency within Department of Transportation focused on reducing vehicle-related crashes and injuries)

National Safety Council: Driver Safety - www.nsc.org/issues/drivsafe.htm

Share the Road Safely - The No Zone - www.nozone.org (Program by Federal Motor Carrier Safety Administration to improve knowledge among drivers to avoid crashes with large trucks)

U.S. Department of Transportation - www.dot.gov

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Train Accidents
Posted by: euser
January 31, 2007

Although rail transportation no longer serves as the primary means of passenger transportation in the United States, trains continue to be used across the country, particularly as a way of shipping cargo, natural resources, and other materials. Unfortunately, accidents frequently arise in their use. According to the Federal Railroad Administration, there have been close to 10,000 railroad accidents in the first nine months of 2006, resulting in 682 deaths, including 16 in Minnesota alone.

The most common train collisions occur between two trains, between a train and an automobile, and between a train and a pedestrian. These collisions are caused by many different factors, including:

     Outdated and/or faulty equipment

     Inexperienced or fatigued train operators

     Driver inattention and unsafe driving

     Lack of knowledge regarding rules of the road

     Derailment caused by poor condition of rails or overload of cargo

     Failure to observe federal safety regulations

     Negligence of the rail carrier

Typically, litigation revolves around the negligence of the owner or operator of the train, as well as the manufacturers of any faulty equipment. Further, various state and federal regulations may be involved.

If you or someone who know is involved in a train crossing collision, contact the experienced attorneys of Milavetz, Gallop & Milavetz, P.A. to work for you. With over 40 years of experience in the personal injury, our attorneys have a proven track record of achieving justice for our clients. It is imperative that you act quickly if you have been injured, as your claim may be barred by a period of limitations if legal representation is not contacted.

If you would like more information on train collision injuries, please contact our offices at (952) 920-7777 or toll-free at 1-800-365-6666. The personal injury attorneys at Milavetz, Gallop & Milavetz, P.A. also represent clients in other accidents, such as automobile, semi-trailer, and motorcycle accidents, as well as medical malpractice and wrongful-death claims.

Federal Railroad Administration - www.fra.dot.gov (Agency with U.S. Department of Transportation charged with promulgating and enforcing safety regulations, as well as research and policy development regarding rail transportation)

Federal Railroad Administration - Office of Safety Analysis - http://safetydata.fra.dot.gov/officeofsafety (Site supplying statistical information on railroad safety)

National Transportation Safety Board - http://www.ntsb.gov/railroad/railroad.htm (Independent government agency investigating railroad accidents)

Operation Lifesaver - www.oli.org (Non-profit organization dedicated to reducing number of railroad crossing collisions)

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Spinal Cord Injuries
Posted by: euser
January 25, 2007

According to the National Spinal Cord Injury Statistical Center, there are approximately 250,000 to 400,000 Americans living with spinal cord injuries, with 7,800 new spinal cord injuries occurring each year. Almost half of these injuries occur in vehicle accidents, although falls, acts of violence, and sports injuries can also result in spinal cord injuries.

Overall, a spinal cord injury occurs when damage to the spinal cord results in a loss of feeling, mobility, or other function. Spinal cord injuries can be complete or incomplete, which describes the extent of function remaining in the area below the level of injury. They can cause nerve damage to the cervical, thoracic, lumbar, or sacral areas. Depending upon the location of the injury, spinal damage can result in a lack of motion in the arms, legs, hands, or neck, as well as other difficulties, such as independent breathing. Unfortunately, there is no cure for spinal injury and complications from these injuries decrease life expectancy.

If you or someone who know has a spinal cord injury, contact the experienced attorneys of Milavetz, Gallop & Milavetz, P.A. to work for you. With over 40 years of experience in the personal injury, our attorneys have a proven track record of achieving justice for our clients. It is imperative that you act quickly if you have been injured, as your claim may be barred by a period of limitations if legal representation is not contacted.

If you would like more information on spinal cord injuries, please contact our offices at (952) 920-7777 or toll-free at 1-800-365-6666. The personal injury attorneys at Milavetz, Gallop & Milavetz, P.A. also represent clients in other accidents, such as automobile, semi-trailer, and motorcycle accidents, as well as medical malpractice and wrongful-death claims.

Resources

American Spinal Injury Association - http://www.asia-spinalinjury.org/home/index.html

Mayo Clinic - http://www.mayoclinic.org/

Minnesota STAR Program - http://www.admin.state.mn.us/assistivetechnology/

Minnesota State Council on Disability - http://www.state.mn.us/portal/mn/jsp/home.do?agency=MSCOD

National Spinal Cord Injury Association - http://www.spinalcord.org/

Spinal Cord Injury Information Network - http://www.spinalcord.uab.edu/show.asp?durki=19679

Spinal Cord Injury Resource Center - http://www.spinalinjury.net/

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Slip and Fall Accidents
Posted by: euser
January 25, 2007

As the name suggests, a "slip and fall" accident is when someone slips or falls while on other person?s premises. Slip and fall accidents can occur almost anywhere, from shopping centers to government buildings to one?s place of employment. Therefore, a slip and fall injury claim typically centers around the property owner?s duty to adequately maintain the condition of the premises.

There are many ways in which a slip and fall accident could occur, including:

     Slippery floors or stairs

     Inadequate lighting

     Uneven floor coverings, such as carpet tears or grooves

     Weather conditions, such as ice or snow

     Cracks, holes, or bumps in or around public sidewalks

     Lack of adequate warnings or signs alerting people to potential hazards

     Inadequate railings on stairs, escalators, and elevators

Typically, one must prove that the owner of the premises were aware or should have been aware of the dangerous condition, that the owner could have mitigated or eliminated the danger, and that despite this awareness, the owner failed to correct the problem.

If you or someone who know has been injured in a slip and fall accident, contact the experienced attorneys of Milavetz, Gallop & Milavetz, P.A. to work for you. With over 40 years of experience in the personal injury, our attorneys have a proven track record of achieving justice for our clients. It is imperative that you act quickly if you have been injured, as your claim may be barred by a period of limitations if legal representation is not contacted.

If you would like more information on slip and fall accidents, please contact our offices at (952) 920-7777 or toll-free at 1-800-365-6666. The personal injury attorneys at Milavetz, Gallop & Milavetz, P.A. also represent clients in other accidents, such as automobile, semi-trailer, and motorcycle accidents, as well as medical malpractice and wrongful-death claims.

Resources

International Code Council - http://www.iccsafe.org/ (Organization dedicated to building safety through building codes)

Minnesota Safety Council - http://www.minnesotasafetycouncil.org/home.cfm

National Safety Council - http://www.nsc.org/

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Products Liability
Posted by: euser
January 25, 2007

Manufacturers have a duty to guarantee the safety of products consumers purchase from them. Nevertheless, thousands of people are injured every year from dangerous and defective products. This defects may be present in the product?s design, the product?s manufacture, or through product advertisements.

Although product liability claims may arise out of any product on the market, there are many products that are commonly the subject of products liability litigation, including:

Depending upon the product involved, liability for defective products can be placed on the manufacturer of the product, the manufacturer of parts to the product, the distributer of the product, and the retailer of the product. Further, there are several products that have already been declared dangerous and are subject to recall, for which effective legal representation may be required.

If you or someone who know has been injured by a dangerous or defective product, contact the experienced attorneys of Milavetz, Gallop & Milavetz, P.A. to work for you. With over 40 years of experience in the personal injury, our attorneys have a proven track record of achieving justice for our clients. It is imperative that you act quickly if you have been injured, as your claim may be barred by a period of limitations if legal representation is not contacted.

If you would like more information on product liability claims, please contact our offices at (952) 920-7777 or toll-free at 1-800-365-6666. The personal injury attorneys at Milavetz, Gallop & Milavetz, P.A. also represent clients in other accidents, such as automobile, semi-trailer, and motorcycle accidents, as well as medical malpractice and wrongful-death claims.

Resources

Minnesota State Attorney General?s Office - Consumer Division - http://www.ag.state.mn.us/CONSUMER/

National Highway Traffic Safety Administration - http://www.nhtsa.dot.gov/

U.S. Consumer Products Safety Commission - http://www.cpsc.gov/

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Minnesota Amputation Injury Attorneys
Posted by: euser
January 22, 2007

AMPUTATION INJURY ATTORNEYS 

• Poor wound healing
• Poor wound cover
• Chronic neuroma-related pain and/or tenderness
• Infection
• Stiffness
• Sympathetic dystrophy

Canada:            http://www.amputee-online.com/ampscan/

National Amputation Foundation, Inc.?a website with links to charitable organizations and other resources involving amputation.  http://www.nationalamputation.org/

Medline Plus?a resource provided by the National Institutes of Health that publishes information about various medical conditions, treatments, and statistics.  The particular portion of the website pertaining to amputation is found at the following link:  http://www.nlm.nih.gov/medlineplus/amputees.html

Oracle ThinkQuest Education Foundation?resource center for information about all aspects of amputation and prosthetics.  http://library.thinkquest.org/C0110311/home.shtml.

Disability Fact Sheet Handbook, University of California-Irvine­?a guide to all forms of physical disability, including amputation.  http://www.disability.uci.edu/disability_handbook/Mobility/amputation_fact_sheet.htm.    

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