Personal Injury

Detroit Woman Claims Stillbirth Due to Police

Pregnant WomanA suspect in a case of shoplifting, Shenika Parchman, has lost her appeal to charge Detroit police with a lawsuit. Detroit federal judge, Denise Page Hood, had dismissed the case back in January 2015.

In 2011, Parchman was arrested for shoplifting at a Meijer store, a popular hypermarket, while she had been nine months pregnant at the time. In the week that followed after her arrest, she gave birth to a stillborn son and since then, the suspect has claimed that it was the rough treatment of her by a Taylor-based police officer during her arrest that had led to the death of her child.

It was, however, her failure to provide evidentiary support of the claim – the fact that she could not name a particular officer during her deposition being one of the key points of her case – equated into the failure of her appeal to file a lawsuit against the Detroit-area police.

A report from the Associated Press states that the court has rejected her appeal on the grounds of there being “no reasonable juror” for her claim since Parchman could not properly identify the Detroit police officer in question or that she had been injured at all during her arrest.

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Factors of Birth Defects

Birth defects can be caused by a number of factors, however, a small amount of these cases are due to third party errors. These third party errors, often caused by doctors or pharmaceutical companies, can be the basis for a personal injury lawsuit.  Medical malpractice lawsuits account to a small number of personal injury lawsuits filed in the United States. It is important to first determine whether the birth defect is caused by medical malpractice or negligence before filing an injury lawsuit. There are generally three causes of birth defects, namely 1) genetic, 2) environmental, and 3) unknown. In order to have a strong and valid medical malpractice lawsuit, you should first determine what caused the birth defect. After you’ve determined what caused it, you can contact The Jeff Sampson Law Firm

  1. Genetic causes can be due to a number of factors. First, the single gene defect, where a mutation of a single gene caused the birth defect. Some defective genes can be passed by one parent to the child, while there are instances where the defect will appear only if both parent suffer from the same single gene defect. Chromosomal defects are due to the structure or number of chromosomes and usually occur when something wrong happens during the development of the sperm or egg cell. Lastly, multifactorial defects occur through a combination of genetic and environmental and occur when the child inherits one or more defective gene and is then exposed to an environmental factor that could trigger the birth defect.
  2. Environmental causes of birth defects happen when the fetus (during the crucial developmental stage) is exposed to environmental substances or conditions that could trigger birth defects. The most common environmental factors are alcohol or drug use, infections and STDs, and chemicals or toxic materials.
  3. Unknown causes are those where there is still no medical explanation available yet. About 70 percent of birth defects are of unknown causes.

Legal liability for a birth defect can be established and set as basis for a medical malpractice lawsuit if the birth defect is linked to the mother being exposed to unreasonably dangerous prescription drugs without their knowing of the possible side effects to the babies. Insufficient warnings or blatantly hiding important side effect information would make the drug manufacturers liable for medical malpractice or product liability claims. Likewise, if the doctor performed inadequate prenatal care or made an error during the delivery of the baby that resulted to the birth defect, the doctor, nurses, or hospital can be held responsible for medical malpractice due to negligence.

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Tax Consequences for Personal Injury Awards

When a personal injury claim is successful, the award is usually considered compensatory, meaning that it is meant to replace that which has been lost. This may be as reimbursement for actual expenses (medical bills, rehabilitation, doctor’s fees, etc.), damage to property, and loss of income (lost days of work due to temporary disability, incapacity to work due to physical disability, or death). These are economic damages. Most states also allow a claimant to sue for non-economic damages such as pain and suffering, emotional distress, loss of consortium, and loss of enjoyment.

Awards for physical injury or illness non-taxable and these include medical expenses, unless these expenses have been reported as deductions in the tax return. Lost wages compensation is also non-taxable, as are awards for emotional distress from the illness or physical injury. However, since most personal injury claims take a while to get to the awards or settlement stage, the court or lawyer may impose interest charges for the delay in the payment. The interest charge will become taxable.

All other types of personal injury awards are taxable. For example, compensation for legal injuries from harassment or wrongful termination is taxed, and so is any award for emotional distress not tied to a physical illness or injury. Punitive damages, that amount deemed to serve as punishment to the wrongdoer, is also taxable, whether it is for a physical or legal injury, unless it is to compensate for a wrongful death where the state allows only such awards to be given.

It should be noted that attorney’s fees are not tax-deductible except for certain cases involving discrimination. Unless properly handled, the legal fees, though on contingency basis, may carve a larger-than-expected portion out of the award. Bring these matters up with the attorney and accountant so that an equitable arrangement can be made prior to filing for a personal injury claim in Danville. 

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Election Polls: Suffering From A Brain Injury

 An injury to the brain can be very dangerous, and could lead to adverse complications that can be life-threatening. Brain damage could be a lifetime issue; with its effects affecting people long after the injury has been treated. When you have suffered brain damage from an accident caused by another person’s recklessness or malice, then they can be held accountable for the injury you have sustained. Getting a compensation for the harm you have received requires the help of reliable and experienced brain injury attorneys who knows how to properly fight your rights in court.

The brain is considered the focal point of the body; its main function is operating the everyday functions of the body. Once this part of the body is injured, the consequences can be damaging and long-term. Depending on the extent of the damage, compensation can be hard to determine, especially when there are guidelines that can be observed concerning monetary payouts for brain damage victims. When you are considering of filing a personal injury claim, talking with your injury attorneys would be most beneficial to ensure you have decided for a fair amount of compensation.

Every year 1.5 million people get some form of brain injury, with people reaching 5.3 million suffering from the effects of brain damage. Fatalities linked to brain injuries account for 50, 000 people, and these numbers are very alarming. Not only is brain injuries a leading cause of death in America, more and more people are enduring brain damages.

Treatment for brain injuries may come in many forms, from speech therapy to alternative therapies like music lessons, or art lessons. An experienced doctor or speech pathologist may be able to suggest the right course of treatment for you.

In order to ease some burdens caused by the brain damage due to your accident, it would be very advantageous to employ the aid of trustworthy brain injury attorneys to represent and support you in your quest for financial compensation. It is important to get the right attorneys for the job to guarantee that you are well represented and guided through the whole process.

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