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New Haven Personal Injury Lawyer – Do You Have A Personal Injury Claim?

Personal injury lawsuits are designed to help individuals who have been harmed because of another’s actions or failure to act. They are legal cases in which a person sues an individual or entity claiming that they are legally responsible for harm that has been done to them. Examples of situations that may warrant filing a personal injury lawsuit include automobile accidents, medical malpractice, and product liability cases. Not every accident or injury automatically results in a personal injury, and not every successful personal injury case is a matter of negligence. If you have suffered an injury and want to know whether you should file a personal injury claim, contact the New Haven personal injury lawyers at Jonathan Perkins Attorneys At Law. We have extensive experience in helping those who have been injured at the hands of others, and can provide you with the legal counsel and representation that you need to ensure that your rights are protected and you get the compensation that you deserve.

The basic premise behind personal injury law is that people are supposed to exercise reasonable care, and that when they fail to do so they are liable for the damages that are caused. The basis for personal injury claims is most often negligence, but can also be a matter of strict liability in the case of manufacturers who design or produce products that are unreasonably dangerous. A personal injury case can also be brought against a person who committed an intentional wrong, such as assault and battery, or defamation of character. Every situation is different, and that is why it is important to consult with an attorney who specializes in personal injury law. They will be able to advise you as to what your rights are and what your next steps should be.

Though every personal injury case is different, there are two basic premises that must be established in order to prevail. One is that harm has happened, and the other is that the defendant had a definable duty.  The harm that has been caused in a personal injury lawsuit generally has to be clearly defined, such as the cost of medical treatment or lost wages. Though emotional distress is very real, it is much more difficult to prove, particularly if it is the only harm that has been suffered. The more clear the existence of harm is, the more likely it is that a case will be successful.

The other aspect of a personal injury case that needs to be proven is that the defendant had a definable duty that they breached. This does not mean that there needed to be a relationship with you: for example a driver has a definable duty to exercise care while operating a vehicle.  However, if that driver caused an accident through no fault of their own, because of hazardous road conditions despite the caution that he was exercising, then he may not have breached his duty.

Without extensive knowledge of personal injury law, it is difficult to predict whether your situation warrants filing a lawsuit. The attorneys at Jonathan Perkins Attorney At Law can help. Call us today to set up a free consultation to discuss your situation.

Learn More About Our New Have Personal Injury Lawyers here.


Lasik Errors: What To Do If You’ve Been Injured

Lasik eye surgery has become extremely popular over the last few years, offering improved vision for people who are nearsighted, far sighted and who have astigmatism. LASIK stands for laser in-situ keratomileusis, and it describes the use of an instrument called a microkeratome or femtosecond laser. The laser creates a thin flap in the cornea, which can then be peeled back to allow another laser to reshape the tissue underneath. The corneal flap is then put back into place, and when all goes right, the patient is left with corrected vision. The surgery has the advantage of being largely successful and relatively painless. The effect is nearly immediate and the patient does not require any bandages or stitches.

Unfortunately, though the majority of Lasik surgeries result in extremely satisfied patients, there are many who are dissatisfied with the procedure and who suffer injuries as a result. The risks include loss of some vision and the development of double vision, or visual symptoms including glare and halos. Some patients find that the reshaping of their corneal tissue results in under-treatment or overtreatment, which ends with them requiring glasses or contacts to correct what has been done, while others develop a condition known as severe dry eye syndrome in which the eyes can’t produce enough tears to remain moist.  This can be painful and can have a negative impact on sight as well.

There are a number of reasons why these permanent problems can occur, including a lack of adequate screening before the surgery — some patients are simply not good candidates for the procedure, but surgeons anxious to bill more clients forge ahead. Poor surgical technique, improper use of equipment and insufficient follow-up after the surgery can also be problems, and unfortunately, once the cornea is damaged there is little that can be done to repair it.

If you have undergone LASIK surgery and have been injured by the procedure, there are a number of steps that you can take. These include filing a medical malpractice lawsuit against the surgeon or ophthalmologist who performed the surgery and filing a product liability lawsuit against the manufacturer of the equipment that was used during the procedure.

  • A medical malpractice suit aims at establishing that a medical professional has failed to perform up to the standards that are expected, and that as a result the patient has been injured
  • A product liability lawsuit aims at establishing that the equipment that was used was either defective or dangerous, and that as a result the patient has been injured

The success of a medical malpractice lawsuit or product liability lawsuit often relies on the experience and knowledge of the attorney that you choose to represent you. If you have suffered an injury as a result of LASIK surgery, the attorneys at Jonathan Perkins Injury Lawyers can help. We are compassionate aggressive lawyers who have a successful record of winning the maximum compensation on behalf of our clients. Contact us today.

Learn More About Lasik Errors Here:

https://800perkins.com/what-we-do/medical-malpractice/lasik-errors/


Elder Abuse: A 101 Guide to Spotting Elder Abuse

If you have an elderly loved one who is living in an assisted living community, a nursing home, or some other environment that is outside of your constant access, you probably worry about them a great deal. Not only are elderly at risk for all of the conditions and issues that can come with old age and failing health, but there are also issues of elder abuse and neglect that are cause for concern.  Whether you are worried about a neighbor, a parent or relative, or a long-time friend who is at risk, it is important that you familiarize yourself with the warning signs of elder abuse so that you can take action quickly if you see it.

The most common indications that an older person may be being victimized by an abuser include:

  • Signs of physical abuse, including unexplained bruises on their body, broken bones for which there are no good explanations, burn or abrasion marks on the skin, and pressure marks on the wrists, ankles or waist that may indicate that they have been restrained
  • Signs of emotional abuse, including changes in mood, such as depression or withdrawal and diminished interest in engagement with normal social activities and hobbies
  • Signs of sexual abuse, including bruising around the genitals or breasts, bloody underwear, pajamas or bed sheets, and evidence of sexually transmitted diseases
  • Signs of financial abuse and exploitation usually show up in credit card bills with unexplained charges for items that they are not likely to use, withdrawals from financial accounts, missing personal items and cash, and a general change in their financial situation
  • Signs of neglect include bedsores, malnutrition, dehydration, unusual weight loss, and unattended hygiene and medical needs
  • Lack of cooperation or evidence of tension from the staff, including refusing to let you see your loved one without them being present in the room at the same time

It is important to keep in mind that not every negative occurrence that takes place in the life of an elderly person is an indication of abuse. The elderly person may be prone to bruising as a result of medication that they are taking, may lose their balance easily and that can result in a fall. However, if the person that you are concerned about expresses fear or tells you that they are being abused, it is important to take them seriously. It is generally a good idea to schedule visits to a nursing home or care facility at a variety of times without announcing when you can be expected.

If you do suspect elder abuse or neglect, your first step needs to be ensuring the safety of your loved one. Call the appropriate authorities, as it is better to be safe than sorry and a truly caring facility will appreciate that you are acting out of concern. If you find that your loved one has been victimized and you need legal representation in order to help pay for any medical expenses, relocation needs or damages that they have suffered, the caring attorneys at Jonathan Perkins Injury Lawyers can help. Contact us today to set up an immediate appointment.

Read More About Elder Abuse here:

https://800perkins.com/what-we-do/nursing-home-abuse/


Someone Didn’t Shovel their Sidewalk in CT. Can I Sue?

In the state of Connecticut, the winters can be long and precipitation can be deep. Snow and ice create a real hazard, and the risk of injuries caused by slipping and falling is significant. If you have been hurt as a result of falling on a sidewalk that has not been shoveled or is covered with ice, you may be able to file a lawsuit to recover damages for the injuries you’ve sustained. The important question that needs to be answered is, “Who is responsible?” The answer depends on whether the property is public or private.

The Connecticut Sidewalk Law establishes that when a sidewalk is public, such as on a commercial street, abutting landowners are not responsible for the safety of the sidewalk in front of their property. The law says that is the individual municipality that has that duty, and that if the municipality fails to keep the sidewalk clear then they are liable for damages. That being said, there are two exceptions to the rule.  One exception is if a statute or ordinance has specifically shifted that responsibility to the landowner whose property abuts the sidewalk, and the second is if the landowner has taken some kind of action that created an unsafe condition. Because Connecticut enacted legislation that permitted municipalities to shift the obligation to keep the sidewalks clear to property owners, almost all municipalities in the state have done so.

It is important to remember that the expectation that a property owner will keep their sidewalks free of snow and ice is carefully prescribed, and the ability to file suit is not automatic. Certain allowances are made, and an injured party must be able to show that the property owner had what is known as “actual or constructive notice” of the dangerous condition. This means that the ice and snow must have been present long enough that it would be reasonably expected that the property owner would have discovered it. This expectation takes into account factors such as the rigors of winter, allowing the defendant to wait til the end of a storm and for a period thereafter.  In many cases, a property owner may argue that they were not aware that their sidewalk was icy – in these cases, weather reports and meteorological data can be used to provide proof of how long a dangerous condition was present.

In addition to proving that sufficient time went by without the property owner clearing snow, you also will need to be able to prove that they actually failed to do so. If a property owner can show good reason why a specific area was not yet shoveled, their lack of action may be deemed justifiable by the courts. Additionally, you will need to prove that you did not contribute to your own accident and exercised reasonable care to avoid being injured.

If you have been injured in a slip and fall accident caused by an unshoveled or icy sidewalk, Perkins Law can help. Contact us today and we’ll review the specifics of your situation. We are here to help.


Slip and Fall at a Connecticut Restaurant

Slip and fall accidents are one of the most common reasons why people seek legal representation from a personal injury attorney, and when a slip and fall happens at a restaurant, it provides the perfect explanation for why people pursue this type of lawsuit. When you enter a business with the idea of enjoying yourself, getting a meal and spending money within the premises, you have every reason to expect that you will not be exposed to dangerous conditions. If you fall and end up injured as a result of the negligence of those who own or are responsible for the restaurant’s operation, then it is reasonable and within your legal rights to expect them to provide you with compensation for any damages that they’ve been responsible for.

Slip and fall lawsuits fall under the category of premises liability law in the state of Connecticut. Whether your fall is a result of snow or ice on a sidewalk, a loose carpet or slippery stair, or a stray piece of debris or food that has fallen on the floor and ignored by the staff, the general principle of premises liability states that as a person who has been either expressly or implicitly invited onto the property you are owed the highest duty of care. This means that the restaurant needs to take every precaution to ensure your safety, generally by constantly inspecting the environment to ensure that no dangerous conditions are present and to repair or post warnings if they are.  When these duties aren’t met and it can be proven that there was knowledge that the dangerous or unsafe condition existed, then the restaurant owner is considered responsible.

Some restaurant owners may attempt to defend themselves against liability lawsuits by indicating that you as a visitor had a responsibility to be careful, and it is true that there is an expectation that you exercise reasonable care and don’t put yourself into a dangerous predicament.  In other situations a business owner may defend themself by saying that the dangerous condition was so new that they had no opportunity to correct it. Connecticut does allow a reasonable amount of time for corrections to be made, and proving liability in a restaurant slip and fall accidentis dependent upon a number of factors. That is why it is so essential that if you are injured in a fall that takes place in a business of any kind, you reach out to an experienced premises liability attorney for an assessment of your case and their opinion as to whether or not your rights have been violated.

Though an injury that takes place in a restaurant may seem like  a clear cut case of premises liability, every situation is different and requires a careful analysis, as well as an experienced attorney representing your case. The liability attorneys of Perkins Law are knowledgeable and compassionate. If you have been the victim of negligence we will aggressively pursue those responsible and ensure that you receive the best possible outcome.

 


More than 20 passengers Injured After Bus Crashes on Snow-Covered Roads

As with most accident crashes on the snow-covered roads, speed was related to the bus losing control. By the time crews and hospitals started reporting the accident scene numbers, we found that 26 of the 33 passengers on the tour bus were taken to two different area hospitals to be treated for injuries.

According to David Cubbison, the Director of emergency services with Bedford County

“Twenty-five EMS units from four counties responded to the crash site”

As officials surveyed the bus crash scene and tried to get help for the injured, they still did not report how fast the passenger vehicle was traveling. The only statement currently being made public is this:

“The bus was traveling at a speed that was greater than is reasonable and prudent for the conditions”

It’s no secret that drivers who aren’t driving with extreme caution at low speeds in these winter weather months are risking their lives and the others who drive these same snow-covered icy roads. To ensure that you and your passengers arrive safe, please always drive with caution and two hands on the wheels keeping speeds safe and slow enough to allow time for the driver to react and avoid collisions. Even if an accident crash keeps out of colliding with other vehicles, many passengers can still be thrown and injured due to the driver’s negligence. As can often be seen in these types of accident cases, passengers can suffer from severe whiplash and prolonged back pains.

If you or a loved one ever happens to be admitted to the hospital and have been seriously injured due to a passenger bus accident, contact our personal injury lawyers today. We offer Connecticut residents 100% FREE case reviews to help determine the merits of your claim and always seek the maximum compensation you deserve. To contact the Jonathan Perkins Personal Injury Law Offices, Call (203) 397-1283 today or simply complete our quick contact form at the top of this page. We only get paid when we win!


Deadly Two Car Collision Takes Bicyclist Life After Weeks in Rehab

A bicyclist that was hit by two motorist in a vehicle collision has died. The man riding the bike who recently lost his life this past Wednesday due to the auto accident in Seaford Delaware, was only 48 year’s old. David Emery, the cyclist whom was fatally injured was admitted to the local rehabilitation facility shortly after the accident, where he remained for weeks seeking treatment from his injuries.

Delaware police report that this traffic accident took place on Oct. 5, 2013. At the time of collision, David was attempting to cross over the Sussex Highway when he was hit by a white truck that failed to slow or stop after striking the cyclist with his vehicle. Officers claim the victim was then thrown from his bike into the center of the road suffering immediate injuries. Troopers also claim that when Emery tried to get up, he was hit by the right side mirror of another passing car. Fortunately for police, the driver of the white car decided to make a U-turn after the incident and went back to the accident scene.

In the event that you or someone you love has been seriously injured due to an auto accident collision, contact our personal injury lawyerstoday. We offer Connecticut residents100% FREEcase reviews to help determine the merits of your claim and always seek the maximum compensation you deserve. To contact the Jonathan Perkins Personal Injury Law Offices, Call 1-203-397-1283 now or simply complete our quick contact form at the top of this page. We only get paid when we win!


NFL Hit with More Brain Injury Lawsuits

The National Football League and helmet manufacturer Riddell have been named in two more brain injury lawsuits, alleging that players were not adequately warned about the risk of head trauma associated with the game.

Former players Bobby Douglass and John Cornell claim to have developed brain damage directly resulting from their time with the NFL. Douglass was a quarterback with the Chicago Bears and Cornell played for Northwestern University as part of their NFL training camps.

Both men’s lawsuits allege that during their time with the NFL they were put at an increased risk for chronic traumatic encephalopathy (CTE), a condition that can arise from multiple concussions. A degenerative brain condition, CTE is linked to depression, suicidal thoughts or actions, apathy, loss of memory, and motor skill disturbances.

Over 4,500 NFL players have received settlements from the league totaling approximately $765 million. The NFL has not admitted wrongdoing in any of the cases despite the fact that more brain injury victims continue to come forward.

The defendants’ allegations address the need for increased advocacy and awareness of head trauma and brain injury in football and other contact sports. Whether recreational or professional, players at all levels of the game are at serious risk of irreversible trauma from the head injuries they sustain. The Centers for Disease Control and Prevention (CDC) report that approximately 1.7 million cases of traumatic brain injury (TBI) occur every year, either in isolation or in addition to other injuries.

CTE is just one condition caused by brain injury. One such under-diagnosed condition is post-traumatic hypopituitarism (PTHP), which alters hormone secretion following an incident of TBI. According to a report published by the European Journal of Endocrinology, PTHP is observed in approximately 40% of patients that have a history of TBI.

On December 11, 2013, an 84-page lawsuit was filed against the NFL alleging that 70-year-old former Dallas Cowboys quarterback Craig Morton and other players suffered long term effects from head injuries, citing a lack of protection by the NFL. Morton played 18 seasons with the Cowboys, New York Giants and Denver Broncos from 1965 to 1982.

The suit alleges that the league had ample access to medical studies on the impact of concussive and sub-concussive hits on the wellbeing of its players. The defendants’ attorneys claim that the research the league produced was, “industry-funded, biased and falsified.”

The NFL did not provide any comment on the Morton lawsuit at the time the suit was filed.


Football vs. Cheerleading Injuries

The common perception of football is that it’s a game of hard hits, head injury and pain. Cheerleading, on the other hand, has always been more about spirit and smiles from the sidelines. The traditional views of each sport can be misleading, though, as cheerleading is becoming more competitive at the high school, college, and recreational levels. Serious injuries are happening in cheerleading accidents just as they always have in football, and this is prompting cheerleading programs at all levels to elevate safety precautions.

But which sport has more injuries? Do athletes in cheerleading get as seriously hurt as those in football? According to data from the National Center for Catastrophic Sport Injury Research, Nationwide Children’s Hospital Center for Injury Research and Policy, the National Federation of State High School Associations, and the Consumer Product Safety Commission, 37% of all cheerleading accidents are concussions, compared to 17% of all football injuries. Logically, cheerleaders actually incur more head and facial injuries than football players do with 48% of all cheerleading accident injuries affecting those areas of the body. The heads and faces of football players sustain about 25.9% of total injuries.

The legs and feet are a common target for football injuries (40.9% of total injuries,) while cheerleaders will experience a similar injury only 26.1% of the time. The remainder of injury types is mostly comprised of strains and sprains or broken bones. Both sports see about a 22% incidence of broken bones but cheerleaders will statistically experience more strains and sprains than their on-field counterparts (34% and 29% respectively.) That said, in football 7% of injuries will require surgery while only 1% of cheerleading accident injuries will require the same.

From 1982 through 2009, there were two fatal injuries in cheerleading accidents; in football, 111 accidents ended in death.

If you break down the recovery time statistics these injuries can be examined even further:

  • 37% of the time, football players can return to the game in less than one week after an injury, though 57% of cheerleaders involved in accidents can return to practice in the same timeframe.
  • After a football injury, 19% of players will not return, 8% will return in three weeks or more, while 36% will require one to three weeks of recovery.
  • After a cheerleading injury, 16% will not return, 6% will return in three weeks or more, and 35% will require one to three weeks of recovery.
  • Total football injuries are estimated to be 202,384 out of almost 1.1 million players.
  • Total cheerleading injuries are estimated to be 22,652 out of almost 212,000 athletes.

What can we tell from this data? One sport may not be more dangerous than the other—in truth, they are both exceedingly risky activities. Head trauma can have severe, irreversible effects on young athletes. In recent years the NFL has seen a slew of tragedies follow players with multiple concussions, from suicide to extreme violence. Because of this the emphasis on player safety is receiving more attention than ever before. The best way to keep your football player or cheerleader safe is to monitor their activity, see a doctor immediately after any accident occurs and never play through an injury without proper medical attention. To learn more about your options after being injured in Connecticut, Call the Law Offices of Jonathan Perkins Injury Lawyers today at 1-203-397-1283for a free consultation. We work for you and always seek the compensation you deserve.


Philadelphia Student Burned by School Lunch

7-year-old Ja-Kaye Robinson sustained second-degree burns after opening a meal from his elementary school cafeteria only to be sprayed by the steam rising from it.

Robinson was subsequently treated at the Einstein Hospital emergency room, and is currently recovering, but now his parents have questions about how the incident happened in the first place. Though school officials brought Robinson to the principal’s office to be treated following the incident, they offered no substantial answers to the parents’ concerns about the temperature at which the school’s cafeteria food is served and where the school nurse was at the time he needed treatment.

School officials claim to be investigating this incident.

If you or your child was the victim of negligent behavior on the part of another individual, you could be entitled to compensation. The injuries Robinson sustained could be due to carelessness on the part of the school, and his parents’ concerns are as valid as any whose child was harmed on school grounds.

For a free review of your case, contact Jonathan Perkins Injury Lawyers today.

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