IF YOU HAVE BEEN SERIOUSLY INJURED IN AN
ACCIDENT
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Areas of Expertise
AUTOMOBILE ACCIDENTS & INJURIES
 When
people sustain serious injuries as a result of motor vehicle
accidents, it can be devastating. They often wonder who is going to
pay their medical bills and how will they support their families
during the time they are recovering. Our car accident lawyers can
offer critical advice in preserving evidence and preparing your
case.
By working with experienced car accident lawyers, victims can have
some control and participation in ensuring that their rights and
interests are protected.
Under California's laws, if you have been injured in a vehicle
accident that was caused by another person's carelessness or
recklessness, you may be entitled to recover damages that include
medical costs, property loss, lost wages, and pain and suffering.
Please call Marks & Acalin for a free assessment of your case.
You should be thoroughly examined by a doctor, since seemingly minor
injuries often develop into major health problems. Even if you do
not have any broken bones, cuts, lacerations or bruises, you may
have sustained a connective- tissue injury; which could lead to long
term adverse effects if left untreated. The at-fault party's
insurance company is responsible for paying for all of your damages
that were a result of the accident.
Accident victims and the families of those who have died in
traffic-related accidents face a challenging situation that is
further complicated by the complex Pennsylvania insurance laws and
legal issues. As a business, insurance companies are primarily
concerned with limiting their payout and your needs are secondary.
While the insurance company may present what you think is an
attractive settlement offer, it is in your best interests to contact
an attorney who will put your needs before the insurance company
interests. It is always best to discuss your situation with a
skilled attorney before you decide to enter into discussions with an
insurance representative.
 The Law Offices of Marks & Acalin firm has many years of experience
in dealing with insurance companies and handling accident claims. WE
have received multi-million dollar recoveries in numerous cases. We
are familiar with all of the techniques that the insurance companies
may use to influence you to settle quickly and for less
compensation. Insurance companies have a team of investigators,
adjustors, agents and legal help to protect them. As the accident
victim, you need your own team of legal experts to protect
you.Recoverable damages associated with car crashes vary from state
to state. California automobile accident victims and survivors may
sue for damages from the operator(s) of the other motor vehicle(s)
involved when one of the following criteria is met:
- The victim has died,
- The victim suffers a permanent and
serious disfigurement,
- A bone is fractured,
- The loss of one of the a sense such as
sight, taste, hearing or smell,
- A limb has been lost,
If the person responsible for your injuries does not have insurance
coverage or their coverage does not sufficiently provide for your
damages, you may be entitled to collect uninsurance or
underinsurance.
Most automobile accident litigations in California are civil actions
against someone who is negligent. In automobile mishaps, negligence
is the failure of a vehicle operator to exercise due care which
resulted in an accident, injury or death. Although it is a difficult
allegation to prove, our lawyers are experienced in demonstrating
negligence by preparing the proper documentation, interviewing
witnesses and presenting a case that meets the criteria for
negligence established by California law.
Because of the complexities involved in automobile accident cases,
it is important that you act quickly and contact an attorney with
any questions or issues. Proving negligence takes an investment of
time, experience, and resources that only a qualified attorney can
provide. At Marks & Acalin, our goal is to provide exceptional legal
services to our clients. We strive to achieve the highest standard
of excellence for the protection of individual rights through team
work and the use of our considerable resources and experience.
Whether we are gathering evidence, giving advice, or talking with
insurance companies, we are always your representative.
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MOTORCYCLE ACCIDENTS
A motorcycle accident is often one of
the more deadly accidents, with injuries tending to be more serious,
and medical costs being higher. Motorcyclists are often injured by
negligent car drivers:
- In the majority of cases, the other
vehicle violated the motorcyclist’s right-of-way and caused the
accident.
- Motorcycle riders are approximately
25 times more likely to be killed in a road accident.
- Motorcyclists are 5 times more
likely to be injured than a person riding in a passenger vehicle.
- Nearly every motorcycle accident
involves injuries. These injuries can be quite serious, involving
substantial costs and lengthy rehabilitation.
By working with experienced motorcycle accident lawyers, victims can
have some control and participation in ensuring that their rights
and interests are protected. Call Today!
There are a wide range of causes for motorcycle accidents, some of
which include:
- Limited visibility - Intersections,
buildings, parked vehicles, shrubbery, etc. 70% motorcycle
accidents occur at intersections.
- Road hazards - Potholes, oil slicks,
puddles, debris, and uneven pavement.
- Invisibility of motorcyclists - The
motorcyclist is undetected by other drivers. Truck drivers are at
even more risk of missing a motorcyclist – drivers of these huge
vehicles often hit blind spots and do not see the comparatively
small motorcycle, which can result in collision.
- Motorcycle defects - Fuel system
leaks, which present an increased risk of fire in the post-crash
phase.
- Weather – Heavy rain, snow, hail,
etc. can lead to decreased visibility and hazardous driving
conditions.
When people sustain serious injuries as a result of biking
accidents, it can be devastating. They often wonder who is going to
pay their medical bills and how will they support their families
during the time they are recovering. Our motorcycle accident lawyers
can offer critical advice in preserving evidence and preparing your
case.
 Under California law, if you have been injured in a motor vehicle
accident, including motorcycle collisions, that was caused by
another person’s carelessness or recklessness, you may be entitled
to recover damages that include medical costs, property loss, lost
wages, and pain and suffering.
Please call the Law Offices of Marks
& Acalin for a free assessment of your case.
Because of the complexities involved in automobile accident cases,
it is important that you act quickly and contact an attorney with
any questions or issues. Proving negligence in a motorcycle accident
lawsuit takes an investment of time, experience, and resources –
advantages that only a qualified attorney can provide. At Marks &
Acalin, our goal is to provide exceptional legal services to our
clients.
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PRODUCT LIABILITY &
DEFECTS
Whether you are using a household product or heavy machinery or
industrial machinery, you should be able to count on the fact that
the product has been safely designed and built as it was designed.
We have successfully handled a variety of cases involving injury or
death caused by alleged defects. Proving such cases can be
very difficult and expensive. Being able to explain what happened
and why through pictures, models, computer animations and/or expert
testimony is often critical.
 Under California law strict product liability is based on whether a
product was defective when used in a reasonably forseeable way.
Under the California law of strict product liability, a
manufacturer/supplier of a product is liable for any harm that a
defect in its product was a substantial factor in bringing it about.
A defect may be found where the product left the manufacturer and
supplier's control lacking any element necessary to make it safe for
its intended use or possessing any feature that rendered it unsafe
for the intended use. Intended use includes any reasonably
foreseeable use or misuse of a product.
Manufacturer and supplier of products from whom the law of strict
product liability applies includes anyone in the chain of
distribution engaged in the business of supplying products for use
or consumption by the public, whether manufacturers, wholesalers,
distributors, retailers or lessors. A defective condition, creating
strict liability, is not limited to defects in the design or
manufacture of a product. The manufacturer and supplier of a product
must also provide such warnings and instructions as are necessary to
inform the user or consumer of the possible risks and inherent
limitations of the product in a form that will reach the ultimate
consumer. The absence of such warnings or instructions may be
considered a defect. The duty to provide a "non-defective" product
is non-delegable.
 The law of strict product liability concentrates on the safety of
the product rather than on the reasonableness of the manufacturer
and supplier's conduct. As a result, the manufacturer and supplier
of a product may be liable for harm caused by its defective product
even where it has exercised all possible care in the preparation and
sale of its product. Factors which focus on the reasonableness of
conduct or otherwise inject negligence principles, such as industry
custom, industry standards or government regulatory or licensing
standards (unless found to preempt state law) and the negligence or
conduct of the injured person are irrelevant and inadmissible in a
claim based on strict product liability. However, assumption of the
risk remains a complete defense, where it can be shown that the
injured person voluntarily chose to encounter a known risk by
manifesting, under the circumstances, a conscious appreciation of
and willingness to accept the danger posed by the defect in the
product.
The manufacturer and supplier of a product may also defend a strict
product liability claim on the basis that there was a substantial
change in the product after it left its control. However, that
defense is not available if the alteration would have been
reasonably foreseeable to the manufacturer and supplier of the
product or if the injury could have been sustained even if the
alteration had not occurred.
A claim under the law of strict product liability may be made for
property damage or personal injury resulting from the defect. A
strict product liability claim is subject to a two year statute of
limitations, requiring suit to be filed within two years of the date
of harm. Note that a similar claim for breach of express written
warranty has been found to have a four year statute of limitations.
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WRONGFUL DEATH
Losing a loved one is difficult. Losing that person due to someone
else’s negligence can be even harder. When you are grieving, hurt
and worried about the future, it is uncomfortable to talk about
insurance claims, wrongful death settlements and cash awards.
However, when you run out of money and the bills pile up, you will
be glad there was a professional and highly skilled lawyer who
helped you get the compensation you deserve. A financial settlement
can never replace your loved one, but it can help bring closure and
security for your future.
The Law Offices of Marks & Acalin have represented many individuals
and families that have lost a loved one or been seriously injured
due to the negligence of another. We remain sensitive to our
clients’ emotional needs during this difficult time, while helping
to make sure their future financial needs are met.
According to the Centers for Disease Control, accidents and
unintentional injuries are the fifth leading cause of death in the
United States, and the number one cause of death for those between
the ages of 1 and 40. In Pennsylvania in 2003, there were more than
5,000 accidental deaths – 4 percent of the total number of deaths
for that year. Approximately 45 percent of unintentional injury
deaths occurred in and around the home. Unintentional home injury
deaths to children are caused primarily by fire and burns,
suffocation, drowning, firearms, falls, choking and poisoning.
In the grief and confusion that follows the sudden and unnecessary
loss of a loved one, families are expected to move quickly to pursue
legal action against those responsible. An attorney that can advance
your case decisively and determine the financial losses you’ve
incurred is essential to getting the best verdict or settlement in a
wrongful death lawsuit.
The common denominator for every wrongful death claim is that some
degree of negligence on the part of another contributed to the
victim’s demise. The resulting jury award or settlement is
determined by several economic factors, including the victim’s life
expectancy and life income, the pain, suffering and medical costs
(if any) that the victim experienced before death, and intangibles
related to the grieving family, such as loss of parenting, loss of
companionship, emotional distress and anguish.
Wrongful death is a personal injury tort that holds an individual,
group or corporation accountable for causing injury to another
person. The primary goal of the tort is to provide relief to the
plaintiff and deter the defendant from inflicting further harm to
others.
California law allows the deceased’s heirs to recover any damages
the deceased would have provided to their family had he or she
lived, including earnings; medical and funeral expenses; estate
administration expenses; survivor’s emotional pain and suffering.
In California, the immediate family members (spouses, children and
parents) have the right to pursue a wrongful death claim. The amount
of damages awarded will depend on the plaintiff's relationship to
the deceased, while the compensation for damages may include
compensation for the following:
Reimbursement for all medical expenses incurred as a result of the
negligence.
Reimbursement for the loss of any future income.
Reimbursement for property damage, if applicable.
Reimbursement for any future services normally provided to you by
the person who has died.
Reimbursement for loss of consortium, meaning a spouse's right to
the companionship, help and affection from the person who has died.
The most common thing that must be proven in all wrongful death
cases is negligence, which is characterized by inattention,
thoughtlessness, inadvertence and mistakes. Also, as with any
personal injury claim, there is a time component as to when a
wrongful death claim must be filed: A cause of action for wrongful
death accrues on the date of death and must be filed within two
years of that date.
The Law Offices of Marks & Acalin have represented the survivors of
wrongful death victims across several practice areas, including
those who’ve perished in car accidents, truck accidents, defective
product accidents, and fatal events from medical malpractice.
Monetary damages cannot bring a loved one back, but it can provide a
means for a family to continue to live in the fashion to which it
was accustomed, it can assure a college education for the children,
it can provide medical and other necessities and comforts of life to
help face an uncertain emotional future.
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DOG BITES
Nearly 4.7 million people are bitten by dogs each year and 50% of
dog bite fatalities are children under 10 years old. These dog bites
range from minor injuries to serious dog maulings,
 resulting
in bodily injury and even death. In the United States alone,
approximately 100 children are bitten by dogs every day and
approximately 92 of these children will need medical attention.
While dog bite fatalities are rare, statistically 15 to 20 people
are killed in vicious fatal dog attacks every year. One third of all
injury claims against homeowner liability policies are related to
dog bites and dog attacks.
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BURN INJURIES
In the United States, approximately 2.4 million burn injuries are
reported per year. According to the American Burn Association, each
year in the United States, 1.1 million burn injuries require medical
attention. Approximately 45,000 of these require
hospitalization, and roughly half of those burn patients are
admitted to a specialized burn unit. Each year, approximately
4,500 of these people die. Up to 10,000 people in the United
States die every year of burn-related infections; pneumonia is the
most common infectious complication among hospitalized burn
patients.
 Twenty years ago, burns covering half the body were routinely fatal;
today, patients with burns covering 90 percent of the body can
survive (but often with permanent impairments). Practices that
have contributed to this improvement include advances
in resuscitation, wound cleaning and follow-up care, nutritional
support, and infection control. Grafting with natural or
artificial materials can also speed the healing processThe majority of serious burn injuries are caused by scalding water
or flammable fabrics. Burn injuries are second to motor vehicle
accidents as the leading cause of accident death in the United
States. If you or a loved one have suffered serious burns as a
result of negligence or malpractice, contact us for Free Case
Evaluation.
There are four main types of burns:
Thermal burns - caused by contact with flames, steam, hot water (or
other hot liquids), and other sources of intense heat.
Light burns - caused by contact with sunlight or other sources of
ultraviolet light.
Chemical burns - caused by contact with an acid or an alkali.
Radiation burns - caused by contact with nuclear radiation or
ultraviolet light.
The severity of a burn injury will fall into one of three
categories:
First-degree burns - only the first layer of skin is burned.
First-degree burns are characterized by reddened skin that will heal
in approximately one week and may peel.
Second-degree burns - the first and second layer of skin is burned.
Second-degree burns are characterized by moist-looking skin and
blisters.
Third-degree burns - all layers of the skin are burned and the
underlying tissue is damaged. Third-degree burns are characterized
by a white or black dry wound. Permanent scarring is inevitable.
Burns are one of the most expensive catastrophic injuries to treat.
For example, a burn of 30% of total body area can cost as much as
$200,000 in initial hospitalization costs and for physicians fees.
For extensive burns, there are additional significant costs which
will include costs for repeat admission for reconstruction and for
rehabilitation.
Compensation in the case of a serious injury, such as burns, must
consider the impact upon the earnings and lifestyle of the victim.
If a substantial loss of earnings or capacity to earn results from
such an injury, or the victim must significantly alter his or her
lifestyle as a result of such injury, then the compensation to that
victim must be accordingly increased.
If you feel you have been the victim of such an injury, and the
injury resulted from the careless or negligent actions of another,
it is important that you do nothing that might adversely affect or
prejudice your rights. Do not give any statements, written or
recorded, without first consulting with an attorney. Do not sign
authorizations permitting an insurance company to access your
medical providers or records.
At the Law Offices of Marks & Acalin, our goal is to provide
exceptional legal services to our clients. We strive to achieve the
highest standard of excellence for the protection of individual
rights through team work and the use of our considerable resources
and experience. Whether we’re gathering evidence, giving advice, or
talking with insurance companies, we are always your representative.
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TRAUMATIC BRAIN AND
SPINAL INJURY
Head and brain injuries are common in
automobile, motorcycle, industrial, and construction site accidents.
In fact, accidents are the leading caused of death and/or disability
of men age 35 and younger.
A traumatic brain injury is an extremely
serious injury, usually resulting in permanent disability. After
such an injury, the injured party will suffer mental and physical
limitations which will often require part time or full time
supervision or medical assistance. Even a small or minor accident
may cause a brain injury, even if the injured party is not rendered
unconscious.
 This condition may result in a condition
known as “post concussion syndrome”, where the injured party may
have permanent impairment in motor skills or mental abilities. The
injured party may find it difficult to return to his pre-accident
lifestyle.
It has been estimated that over 220,000
Americans per year require hospital care as a result of a traumatic
head/brain injury. The two general types of head injuries are (1) an
open head injury, which injury has resulted from an object
penetrating the skull, such as being shot; and (2) the closed head
injury, which typically occurs when there is a blunt hit to the
head, such as would occur in an car accident. The closed head
injury, and any resulting concussion or “post concussion syndrome”
will be closely scrutinized by the insurance company in any personal
injury claim. The insurance company will generally try to trivialize
any diagnosis of “post concussion syndrome”, and therefore is it
important to retain a law firm that will refer you to the necessary
specialists, which would include neurologists, neurosurgeons,
psychologists, psychiatrists and radiologists, in addition to
physical, occupational and cognitive therapists.
It is important for you to remember when
choosing a Traumatic Head/Brain Injury Attorney, that not all
attorneys have the requisite knowledge and experience in handling
these cases. At the Law Offices of Joseph M. Tosti we are committed
to aggressively representing claims of those who have sustained
traumatic and serious head & brain injuries. The Law Offices of
Marks & Acalin have aggressively litigated traumatic head/brain and
spinal injury cases for over 35 years.
It is important that you are examined and
treated by the necessary health care providers as soon as possible.
The purpose for this is two fold: First, to make sure that your
condition is properly diagnosed and treated; and Secondly, to
address those issues of future disability and future medical costs,
which often make up a large portion of the personal injury claim.
The Law Offices of Marks & Acalin can refer you to specialists
throughout California that will treat you on a medical lien basis.
You will not have to pay any money out of pocket to the treating
doctors and therapists. The doctors and therapists will be paid out
of the final settlement. The doctors that you would be referred to
would include orthopedic specialists, neurologists, neurosurgeons,
radiologists, psychiatrists, psychologists, physical therapists and
chiropractors.
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Spinal Injuries:
In the United States, over 10,000 persons
per year sustain a severe spinal injury. The causes of these
injuries are varied. They include automobile, motorcycle,
industrial, construction site, diving and trampoline accidents.
The long term effects of a spinal cord
injury will depend on the extent and location of the injury.
If there is a complete injury, the spinal
cord is completely severed. This results in paralysis below the
injured area. If there is an incomplete injury, there will be a loss
of sensation or pain below or near the injured area.
The most severe spinal injury results in
quadriplegia. This is where the spinal cord is severed at or near
the neck. The quadriplegic suffers from paralysis in all four limbs.
Where the spinal cord is severed at or below
the mid-back, the injured party will sustain paraplegia. The
paraplegic typically results in paralysis to the lower part of the
body, including paralysis of the legs.
In addition, trauma may lead to the
irritation or damage to the spinal cord, without severing the spinal
cord. This often occurs where the injured party is diagnosed with a
bulging disc or a herniated disc in his or her neck or back. These
conditions result not only in pain to the area or areas near the
bulging or herniated discs, but also in numbness or pain radiating
into the arms, hands, legs and feet in the injured party. There are
numerous treatments for these conditions, including both surgical
and non-surgical treatment.
It is important for you to remember when
choosing a Spinal Cord Injury Attorney, that not all attorneys have
the requisite knowledge and experience in handling these cases. At
the Law Offices of Marks & Acalin we are committed to aggressively
representing claims of those who have sustained traumatic and
serious spinal cord injuries. We have aggressively litigated
traumatic head/brain and spinal injury cases for over 35 years.
It is important that you are examined and
treated by the necessary health care providers as soon as possible.
The purpose for this is two fold: First, to make sure that your
condition is properly diagnosed and treated; and Secondly, to
address those issues of future disability and future medical costs,
which often make up a large portion of the personal injury claim.
The Law Offices of Marks & Acalin can refer you to specialists
throughout California that will treat you on a medical lien basis.
You will not have to pay any money out of pocket to the treating
doctors and therapists. The doctors and therapists will be paid out
of the final settlement. The doctors that you would be referred to
would include orthopedic specialists, neurologists, neurosurgeons,
radiologists, psychiatrists, psychologists, physical therapists and
chiropractors.
Contact us today about your personal injury
matter.
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UNINSURED MOTORIST CLAIMS
In California, every driver is legally
required to carry car insurance.
That doesn’t mean everyone does.
I f
you’ve been injured in an accident
– or have lost a loved one in an
accident – caused by a
driver who did not have auto insurance, you can still bring a
lawsuit to recover damages for your injuries or loss. You may be
able to recover compensation from the uninsured motorist directly,
as well as from your own insurance company.
The attorneys at Law Offices of Marks &
Acalin are aggressive in the courtroom and forceful at the
negotiating table. WE’RE HERE TO GET RESULTS FOR INJURED PEOPLE.
Contact us for a free initial consultation to see what we can do to
help you recover.
We have over 35 years of courtroom experience with numerous jury
verdicts and settlements in the seven figures. We pay attention to
the fine print so you don’t wind up getting underpaid for your
injury claim.
If you don’t get all the money you are
entitled to for your injuries because the responsible party is not
financially solvent, you may be able to make a claim against your
own insurance company to make up the difference. We work hard to
prepare an airtight case that recovers maximum damages.
We know injured people need to get
compensation fast and can’t wait for insurance companies who drag
their feet to investigate and pay out on policies. We don’t wait
–
we arbitrate. We will compel the insurance company to enter
arbitration under California underinsured motorist laws and
insurance policy requirements. Our goal is to get your case settled
quickly.
At Marks & Acalin, we’re here for you, not
for the convenience of an insurance company. Our staff of skilled
underinsured driver law attorneys and administrative professionals
have only one goal: to see that your case is successful and you
receive compensation. Contact us now to schedule a FREE initial
consultation
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FIRST PARTY
CLAIMS
First party claims are claims brought by a
policy holder against their own insurance company. First party
claims deal with such things as uninsured or underinsured motorist
coverage where the person is injured by a driver who does not have
insurance, or does not have enough insurance and the policy holder
ends up submitting a claim with his own insurance company.
 First party claims also deal with such
things as health insurance, medical payment coverage, disability
insurance, property damage insurance, business interruption
insurance and other things of that nature where the policy holder is
submitting a claim under his own policy of insurance.
Any instance where a policy holder is
submitting a claim under his own insurance policy is considered to
be first party coverage. Anytime an insurance company is dealing
with a claim with their own policy holder, they have a duty to treat
the policy holder reasonably and in good faith. Their failure to
treat one of their own policy holders reasonably and in good faith
could give rise to a claim for damages above and beyond the contract
benefits.
Our office handles many types of first party
claims. Every claim is different. Many times an insurance company's
position is reasonable and denial of the claim is justified.
If you are having a problem with an
insurance company on a first party claim and you would like more
specific advice or believe that you need help in dealing with the
claim, please feel free to contact our office for a free
consultation. Please let our staff know you obtained our name on the
Internet and ask to speak directly with one of the attorneys to
discuss your legal problem.
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SLIP & FALL
If you were in a public place or a private
residence and hurt yourself due to a slip and fall, you may be
eligible to file a Slip & Fall lawsuit. A Slip & Fall is an injury
which occurs when someone slips, trips or falls as a result of a
dangerous or hazardous condition through the negligence of a
property owner. Each case turns on whether the property owner acted
carefully so that slipping or tripping was not likely to happen, and
whether you were careless in not seeing or avoiding the condition
that caused your fall.
When an individual slips & falls on someone
else's property and is injured as a result of a dangerous condition
on the property, the land owner or business proprietor may find
himself legally responsible and may be liable for the injuries.
Property owners are responsible for injuries that occur as a result
of a dangerous or hazardous condition on their property, which the
owner knew about, or should have known about.
The first thing that needs to be done is to
determine whether the property owner liable for your slip and fall
accident. A victim would have to prove the following in order to hold the property
owner responsible and have a premises liability case:
-That the property owner caused the unsafe
condition and the subsequent slip and fall accident (by spilling
something and not cleaning it up, by digging a hard-to-spot hole in
a heavily trafficked area, etc.)
-That the property owner knew about the
condition but did not try to correct it
-That the property owner should have known
about the danger, because a "reasonable" person would have found the
problem and taken steps to prevent injuries caused by the slip and
fall accident
A dangerous or hazardous condition may be
apparent such as a broken step or railing in a staircase, or it may
be hidden such as ground hole that is overgrown with grass. A
dangerous and hazardous condition may be permanent such as a 2 inch
raised area of a sidewalk creating a change in elevation, or it may
be a temporary spill of liquid in the aisle of a grocery store.
The owner or manager of property can be
liable to somebody injured on their property, but not under all
circumstances. The owner or the manager of the property has to be
negligent in the conduct of caring for or managing their property.
For example, someone could fall down because a light burned out in a
staircase; however, if the light had burned out just before the
person got to that staircase and the person fell down, in this
situation, the property owner or manager probably would not be
liable because the owner or manager of the property did not cause
the defect in the property, and the defect did not last long enough
for the owner or manager of the property to know about the defect
and fix it.
In general, a property owner will be
considered to have knowledge of a dangerous or hazardous condition
if it is permanent in nature. When a dangerous or hazardous
condition is permanent in nature, the owner would have known, or
should have known, about the condition before the slip and fall
accident occurs. For example, if wet algae has accumulated on the
sidewalk over a period of time due to leaking lawn sprinklers, it
would have to be proved that the person responsible knew about, or
should have known about the condition as it had been occurring over
a period of time. An expert witness would be required to prove that
algae overtime accumulates to this degree when water is leaking as
in this situation.
In the case of temporary conditions such as
a liquid spill, the length of time that the condition existed before
the incident occurred has legal significance. If the spill occurred
just before the incident, then the property owner may not be liable
for injury, since the owner could not have known about the spill
(and would not have been able to do anything about it) before the
slip and fall occurred. For example, in a supermarket aisle another
customer spills something immediately before the person falls down.
In this case the owner of the store did not
have enough time to find the spilled material and clean it up.
If the owner did not directly cause the
spill and someone else caused the spill, the spill would had to have
been on the property for a long enough period of time for the owner
to be able to know about it and to be able to clean it up. If the
spill was present for some period of time before the incident, then
the owner may be liable, even if the owner did not know about the
spill before it occurred.
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JOB SITE &
CONSTRUCTION ACCIDENTS
When an employee is seriously injured on the
job, Workers’ Compensation may not fully compensate the worker for
all losses. If the accident was due to negligence of a third party
at the job site or a manufacturer, there may be grounds for a
personal injury claim also.
Whether on a small project for an individual homeowner, or for a
major commercial development, construction workers must deal with
some of the most dangerous working conditions
 faced
by employees in any industry. As a result, serious work-related
injuries at construction sites occur with unfortunate frequency.
Regulations, specifications, inspection requirements, and job safety
programs all seek to prevent construction site accidents and promote
safety awareness on the part of all parties involved in a
construction project. But despite these important efforts to deal
with the challenge of construction site safety, accidents occur and
will undoubtedly continue to occur, due to both the nature of the
work itself and the variety of hazards faced by construction
workers.
The most common hazards include include
falls from scaffolds and other elevations, being struck by moving or
falling machinery, electrocution, health hazards resulting from
exposure to asbestos and chemicals, injuries caused by defective or
unsafe equipment, and lifting and repetitive motion injuries. If you
have suffered or if one of your family members has suffered injuries
as the result of a construction accident, a lawyer at our firm who
is experienced in construction accident and injury litigation can
help you learn what your rights are.
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MEDICAL
NEGLIGENCE
When illness or injury forces you to see a
physician or go to the hospital, you can generally be assured that
the doctor's years of experience and training will result in
excellent treatment of your ailment. But in truth, physicians are
only human and errors are always possible. Medical malpractice
occurs when a negligent act or omission by a doctor or other medical
professional results in damage or harm to a patient.
Negligence by a medical professional could
include an error in a diagnosis, treatment, or illness management.
If such negligence results in injury to a patient, a case could
arise against the doctor if his or her actions deviated from
generally accepted standards of practice or against the hospital for
improper care, such as problems with medications, sanitation or
nursing care.
Medical malpractice laws are designed to
protect patients' rights to pursue compensation if they are injured
as the result of negligence. However, malpractice suits are often
complex and costly to win. While theoretically, you can seek
compensation for any injury caused by negligence, regardless of its
seriousness, time and money make it unrealistic to sue for an injury
that is minor or resolves quickly. Therefore, if you believe you
have a medical malpractice claim, it is important to consult with an
attorney who can help you determine whether your claim is worth
pursuing.
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PUBLIC
TRANSPORTATION CASES
Every year numerous innocent children are
seriously injured or
killed due to involvement in school bus accidents across the United
States.
In fact, there are more than 400,000 school buses in operation
across the country, resulting in over 20,000 school bus accidents
each year. Many of the school buses involved in accidents are older
vehicles that are typically overcrowded and do not include seat
belts for the children.
 Some school bus accidents are due to the negligence of the school
bus driver, while other school bus accidents are caused by other
factors, such as reckless drivers of other vehicles or faulty
maintenance of the bus. Many school bus crashes occur after school,
usually between 3pm and 4pm, although accidents do occur on the way
to school, and during school trips.
Claims involving public entities have special rules with regard to
how a claim must be filed. In most cases claims against a public
entity must be filed within six months from the date of the injury,
or the claim may be barred. Marks and Acalin have sucessfully
handled a large numebr of accidents involving both school buses and
public transportation buses. Don't wait.
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TOXIC MOLD
Mold is a natural occurrence, but there are some very dangerous
molds that can significantly affect health. The topic of mold has
been especially focused on toxic mold, or stachybotrys chartarum.
This form of toxic mold, or black mold, is what has been referred to
as the "Dateline Mold" after the news program presented a segment on
its dangerous effects. Toxic mold is so dangerous that homeowners
have filed lawsuits against their insurance companies and
homebuilders for the health effects suffered because of it.
If suspecting toxic mold is present, a thorough home inspection will
be able to uncover the dangerous mold form, which should be
professionally treated. Toxic molds produce chemicals called
mycotoxins that can cause rashes, seizures, respiratory problems,
unusual bleeding and severe fatigue. Stachbybotrys chartarum toxic
mold occurs when water damage, excessive humidity, water leaks,
condensation, water infiltration or flooding is present.
Requiring very wet or humid conditions to grow, this type of toxic
mold will only grow on wood, paper and cotton products, affecting
around two to five percent of
American homes.
Mold Side Effects
Mold can grow almost anywhere, causing various mold side effects
when it is present. Evidence indicates that people living in moldy
surroundings will suffer mold side effects, including asthma, nasal
congestion, fatigue, headaches and other symptoms. The exposure can
set off allergic mold side effects in people with allergies,
creating problems with wheezing, difficulty breathing, shortness of
breath, nasal and sinus congestion, irritated eyes, nose and throat,
coughing, skin rashes, irritation and other effects.
Of the 100,000 different types of mold, a few of them are toxic
because they produce chemicals called mycotoxins. The mold side
effects from toxic mold can cause rashes, seizures, respiratory
problems, unusual bleeding and severe fatigue. Just two to five
percent of American homes have toxic mold, but the concern for
suffering toxic mold side effects created such frenzy that some
homeowners and businesses abandoned their locations.
If a homeowner believes mold is present in the home and that mold
side effects are being suffered as a result, a thorough home
inspection should be able to identify evidence of dangerous and
toxic mold. To prevent mold from becoming a health issue and causing
mold side effects, the indoor moisture should be controlled. Should
toxic mold be discovered, the problem should be professionally
addressed since its mold side effects hazards can be very serious.
Types of Toxic Mold
There are 100,000 types of mold, but just a few types of toxic mold.
Because most molds are not toxic, people should not be overly
alarmed to find it in their homes since it can grow on nearly
anything. However, various types of toxic mold can present very
serious health effects and should be dealt with immediately.
Of the different types of toxic mold, the form most often referred
to is called stachybotrys chartarum. This particular type of toxic
mold is also called black mold because of the greenish-black color
that it appears as. Stachybotrys chartarum, like other types of
toxic mold, produces chemicals called mycotoxins that can cause
rashes, seizures, respiratory problems, unusual bleeding, severe
fatigue and other serious health threats.
The dangerous types of toxic mold grow only on wood, paper and
cotton products. Found in two to five percent of American homes, all
types of toxic mold should be professionally treated. Nationwide,
hundreds of lawsuits have been filed because of allegations that
different types of toxic mold have presented serious health threats.
Preventing Toxic Mold
All molds have the ability to cause adverse health effects,
according to the EPA. Some molds are known to produce potent toxins,
and preventing toxic mold will keep the mycotoxins, the chemicals
produced by toxic mold, from causing serious health problems. Since
all molds requires moisture to grow, the most important aspect of
preventing toxic mold is to keep indoor humidity less than 60
percent all year round in all areas of the home or building.
Preventing toxic mold in certain climates can be more difficult, and
building occupants should be especially aware of areas in places
around plumbing and in basement and crawl spaces that are not looked
at on a regular basis. Toxic mold only grows on wood, paper and
cotton products, but efforts for preventing toxic mold will help
efforts in preventing any type of mold.
People will react to mold in different ways and preventing toxic
mold will keep serious effects like rashes, seizures, respiratory
problems, unusual bleeding, severe fatigue and other conditions from
being suffered.
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