| Read Time: 3 minutes | Car Accident

Steps to Take After an 18-Wheeler Truck Accident

Following a collision with an 18-wheeler, you may find yourself in a tough position. You may feel overwhelmed and confused as you face serious injuries and deal with financial strain. If you’ve been involved in a truck accident, you should take certain steps to preserve your right to fair compensation. Gerling Law is here to help get you on the path to recovery. Call 911 The very first thing you should do after a truck accident is call 911. Be sure to request assistance from police and medical aid.  Officers will quickly arrive at the scene of the accident. They will ask questions, survey the scene, and collect as many details as possible. The officers will then take that information and create a police report. Police reports can play a significant role in your claim, as they answer many common questions and provide much-needed information. Your truck accident lawyer can use the accident report when building a strong case. Seek Medical Attention If injuries are severe, you will likely receive medical treatment at the scene of the accident. However, even if you do not get medical help immediately after the accident, you must seek medical attention as soon as possible. There are a couple of reasons to always seek medical attention. First, you may have serious injuries without knowing it, as some injuries are not obvious right away and may take some time to become evident. Visiting an emergency room or your primary care physician can shed some light on all of your injuries, and allow you to begin treatment right away. Second, if you wait to see a doctor, the defendant or their insurance company can use that to claim that you were not injured in the accident, but some time afterward. The bottom line is that waiting to see a doctor can weaken your case. It is also essential you follow every step and piece of advice your physician gives you. If you skip steps or refuse to follow treatment, the defendant can assert that you made your own injury worse by not following medical advice. This can also weaken your case. Everything is recorded in your medical records. If you follow your doctor’s orders, these records can help strengthen your case substantially.  Collect Evidence If at all possible, begin collecting evidence as soon as possible. This can include: Driver information, Truck information, Photos and videos, and Witness information. If your injuries cause you to miss work, be sure to document all of your lost wages. Once more documentation becomes available, including accident reports and medical records, your 18-wheeler accident attorney can request these items to use for your case. Consult with an 18-Wheeler Accident Lawyer Your health and safety are first and foremost. Once you have sought treatment for your injuries and are ready to proceed, you should consult with a qualified truck accident lawyer. Your attorney will collect details of your accident, answer your questions, and explain how to best tackle your claim. It can be extremely challenging to handle your claim alone, so let a truck accident attorney help you. How a Truck Accident Attorney Can Help You are not required to have an 18-wheeler accident lawyer represent you, but you will certainly find the help invaluable. Truck accidents are unique and complicated, and only a truck accident lawyer knows how to handle the ins and outs of these special cases. You can expect your attorney to handle your claim from beginning to end, including: Gathering evidence; Conducting a thorough investigation; Interviewing experts and witnesses; Calculating damages; Communicating with insurance companies;  Engaging in settlement negotiations; and Taking your case to trial if that becomes necessary. Most claimants that get attorneys to negotiate on their behalf end up settling out of court. In other words, most cases never go to trial. But to avoid a trial, you need an experienced negotiator in your corner. And if the insurance company will not make a fair offer, you need an attorney to take your case to trial. Having the help of an 18-wheeler accident lawyer often proves to be the best decision you can make after a truck accident. So do not hesitate to contact an attorney right away. Call Gerling Law Today Gerling Law Injury Attorneys has been putting clients and their needs first for over five decades. We are motivated by the opportunity to serve clients and help them get the best possible resolution for their case. Our firm’s top priority is quality—quality service, legal representation, and relationships. Our attorneys are always ready to do what’s necessary to get the job done. Contact us today, and let’s discuss how we can help you. Go with Experience. Go with Gerling. ®

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| Read Time: < 1 minute | Dangerous Drugs

Merck & Co Accused of Mislabeling Shingles Vaccine

A judge recently ruled that pharmaceutical company Merck & Co must release its email exchanges concerning its shingles vaccine, Zostavax. More than 1,800 lawsuits filed against Merck & Co combined into a multidistrict litigation, and the plaintiffs accuse the company of changing label information on their vaccine. Plaintiffs claim this caused them severe injuries. It has yet to be announced what information plaintiffs believe Merck & Co changed on the label. The judge ruled that nearly all of the documents in question should be released. Source: Reuters

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| Read Time: < 1 minute | Defective Consumer Devices

Johnson & Johnson to Discontinue Talc-Based Baby Powder

Among growing lawsuits against the company for talc-caused cancers and other health issues, Johnson & Johnson will discontinue the sale of talcum powder-based products in North America. This decision is a major concession for the company, as it has long marketed its talc-products as safe and gentle. The company will still sell its cornstarch-based baby powder. Source: New York Times

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| Read Time: < 1 minute | Defective Consumer Devices

Major Pharmaceutical Company Loses Appeal in Missouri

Plaintiffs’ accusations that Johnson & Johnson’s baby powder products caused cancer were upheld by a Missouri appeals court.  The lawsuit against Johnson & Johnson was brought by women who have ovarian cancer and link their tumors to their use of Johnson & Johnson’s baby powder. The court ordered the company to pay $2.1 billion to the women; however, the company says it plans to appeal the case to the U.S. Supreme Court. Source: New York Times

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| Read Time: < 1 minute | Defective Consumer Devices

Johnson & Johnson to Pay $100 M In Talcum Powder Suits

After accusations that it targeted cancer-related products to black communities, Johnson & Johnson will settle 1,000 lawsuits for $100 million. Johnson & Johnson’s baby powder, which contains mostly talcum powder, continues to be linked to cancer. Further, Johnson & Johnson’s continuation to market the products to the black community sounded alarms among the public. The pharmaceutical company faces an additional 19,000 lawsuits over potential carcinogens in its talcum products. Source: Forbes

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| Read Time: < 1 minute | Defective Consumer Devices

Johnson & Johnson Loses Asbestos-Related Appeal in Missouri

Johnson & Johnson plans to appeal to the United States Supreme Court after the Missouri Supreme Court held a decision against the pharmaceutical manufacturer. Johnson & Johnson faces talcum lawsuit claims regarding its baby powder and other talcum-containing products. Multiple women claim their ovarian cancer is linked to asbestos found in these products. Currently, Johnson & Johnson is required to pay $2.12 billion in damages, lowered from $4.69 billion after a lower court ruled out 22 plaintiff’s cases. Source: Reuters

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| Read Time: < 1 minute | Dangerous Drugs

Johnson & Johnson Sued Over Retina Damaging Drug

Multiple lawsuits are outstanding against Johnson & Johnson Pharmaceuticals and Janssen Pharmaceuticals after patients taking Elmiron developed permanent retinal injuries. Elmiron, which is used to treat interstitial cystitis,  is also known as pentosan polysulfate sodium (PPS). Individuals currently taking Elmiron should obtain an eye examination. The pharmaceutical companies have yet to release a statement on the apparent connection between the drug and maculopathy.  Source: The National Law Review

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| Read Time: < 1 minute | Dangerous Drugs

New Research Points to Relationship Between Elmiron and Vision-Threatening Disease

Nieraj Jain, MD., recently warned opthamologists of the link between a pentosan polysulfate sodium and a vision-threatening maculopathy. The drug, currently sold under the name Elmiron by Janssen Pharmaceuticals, can cause the maculopathy to appear to be age related. Dr. Jain’s research also indicates that the longer the Elmiron is used, the more likely it is to cause a vision-impairing issue. Opthamologists should closely monitor their patients that have been using Elmiron.  Source: Ophthalmology Times

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| Read Time: 3 minutes | Car Accident

Is a Passenger in a Car Accident Entitled to Compensation?

If you were injured as a passenger in a car accident, you deserve justice just as much as any other victim. In fact, passengers rarely have any fault in a motor vehicle collision, potentially making an even stronger case for you to recover compensation for your injuries and other damages. The process for pursuing a car accident settlement as a passenger can be confusing. An experienced personal injury lawyer can provide the answers and information you need with regard to car accident settlement payouts for passengers. In Indiana, Illinois, and Kentucky, Gerling Law has more than five decades of experience fighting for the wrongfully injured. We have the  knowledge and experience you need on your side now. Typical Car Accident Settlement Amounts for Passengers Because every accident victim faces unique challenges and circumstances, it is impossible to estimate any average car accident compensation amount. To determine your claim’s value, your attorney will identify all your physical, emotional, and financial damages. After documenting all damages you suffered, your attorney will use that information to establish the value of your car crash claim. Although we cannot accurately estimate any average or typical claim value, it is safe to say that more serious injuries usually equate to higher car crash claim values. For example, the average settlement for car accident back and neck injury claims is generally higher than settlements for less serious injuries. It is important to note that even minor car accident settlement amounts can provide the financial resources you need to obtain medical treatment and get back on your feet. Talking to an experienced car accident lawyer is the best way to determine whether you have a valid injury accident claim and, if so, what the potential value of your claim might be. Who Should an Injured Passenger Sue for a Car Accident? Victims typically pursue an injury accident claim or lawsuit through the at-fault party’s insurance company. This may be the driver of the other vehicle or a third party, but it might be the driver of the car in which you were riding. If that person is a friend or family member, this could create a potentially uncomfortable situation. Nevertheless, you are entitled to recover compensation for your damages. Having an attorney to handle your claim can provide a helpful buffer between you and your loved one, should you have to pursue your claim through their insurer. Ideally, your attorney can negotiate a fair settlement so you can put this unfortunate situation behind you. What If a Passenger in Your Vehicle Is Injured? If you have an accident in which someone is injured, you should get them and yourself to a safe place, then call the police to report the crash. Make sure you and they seek medical attention as soon as possible. Do not admit fault or discuss the circumstances of the accident with your passengers or any other party, even if you believe you might have caused or contributed to the accident. Provide your passengers with your insurance information, but don’t discourage them from pursuing a claim. Instead, contact an attorney to learn what your legal rights and obligations might be to your passengers and anyone else who sustained injuries in the collision. How Much Can Someone Sue for a Car Accident Passenger Injury? Typically, injury accident victims are entitled to pursue compensation from the party or parties who were responsible for the crash. Victims may pursue compensation for both economic and non-economic damages. This might include medical treatment and care, lost wages, pain and suffering, etc. The nature and extent of a victim’s injuries can affect their potential claim value, as can their prognosis for recovery. Any long-term injuries or permanent damage could result in a higher claim value. The best way to determine how much you or another party might be able to sue for is to contact an experienced attorney. An attorney can review the details of your case and explain how they can help protect your legal rights. How Can a Car Accident Attorney Help? If you sustained injuries in a car crash that wasn’t your fault, talk to an experienced attorney as soon as possible. Investigating your case and documenting your damages should occur as quickly as possible. This enables your attorney to submit your claim to the insurance company and start negotiating your settlement. If the insurance company won’t make a reasonable settlement offer, your attorney may recommend filing a lawsuit in civil court. The experienced legal team of Gerling Law understands how important it is to get your case resolved as quickly as possible, so you can get the resources you need to recover. We offer a free case review, so you can explore your options and get started with the legal process. Contact us now to learn more about how our skilled and compassionate car accident attorneys can help you pursue your passenger car accident claim. Go with Experience. Go with Gerling. ®

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| Read Time: 4 minutes | Personal Injury

What’s the Average Settlement for Traumatic Brain Injury?

Our brain is one of the most important organs that we have in our bodies. Our self-awareness and ability to solve complex problems as humans stem entirely from our unique brains. Unfortunately, despite the fact that our skulls surround and protect our brains, they are highly susceptible to damage. If you or a loved one suffers in an accident and you plan on filing a brain injury lawsuit, you likely want a bit more information on post-concussion syndrome settlement values. In this piece, we will discuss the average settlement for traumatic brain injury, mild traumatic brain injury settlements, and how you can estimate concussion settlement values.  Traumatic Brain Injury Happens Every Day in America Most brain damage results from what we call “traumatic brain injuries” or “TBI” for short. A TBI is an injury that affects how the brain works. A number of different things can cause TBI. Most often, bumps, jolts, or blows to one’s head cause TBI. Less often, but equally serious, a gunshot wound, or any other object penetrating one’s head can cause TBI. Effects of TBI Generally, there are three levels of TBI: mild, moderate, and severe. Each level has many potential aftereffects that vary greatly. The aftereffects of a TBI can quickly dissipate, but they can also last one’s entire life. TBI’s aftereffects include things like: Dizziness, Fatigue, Vision impairment, Cognitive function impairment, Disruption of development, and Migraines. According to the US Centers for Disease Control (CDC), TBI is a major cause of death and disability in the US. In 2019 alone there were nearly 61,000 TBI related deaths in the US. There Is No Average Settlement Because every case of TBI is different and unique, it is difficult to pinpoint a precise average settlement for a concussion. On one hand, some concussion settlement values are $10 million or more. On the other hand, a different concussion’s settlement value may be a few thousand dollars. The value of brain injury compensation depends entirely on the facts and circumstances surrounding the TBI.   Figuring Out Your Settlement Value The best way to accurately estimate the value of your TBI settlement is by consulting with an experienced TBI attorney. TBI attorneys know the relative value of the various factors that go into a TBI settlement and can tell you the amount that they would seek if they were to represent you. Before consulting with a lawyer, however, you might want to make your own estimate. To make a relative estimate of the value of your TBI claim, go through our prepared list of factors that affect TBI settlement values. If you have more factors in the “increasing value” list, then you can expect a settlement that is relatively higher than average. If you have more factors in the “decreasing value” list, your settlement may be lower than average. Increasing Value Many of the factors that increase a settlement’s value have to do with the damages that you suffer. The more types of damages you suffer, the more your settlement is worth. In addition, the severity of the damages you suffer affects the settlement. The more severe those damages are, the greater your settlement value is. Other factors can increase your settlement’s value too, such as: Emergency medical transport; Surgery (or surgeries); Physical rehabilitation; Extended hospital stays; Medical costs of non-TBI injuries; Temporarily impaired cognitive function; Permanently impaired cognitive function; Migraines; Pain, emotional anguish, or loss of enjoyment of life; Lost wages; Vocational rehabilitation; In-home assistance (permanent or temporary); Death of a loved one; Loss of employment benefits; Property damage; Visual impairment; Loss of ability to drive; A clear liable party; Multiple liable parties; A liable party with significant financial resources; and Malice or intent on the part of the liable party (punitive damages). You may experience losses that our list does not cover. These factors may also increase your settlement value. The general rule is, the more damages, the greater the settlement value. If some of the damages you experience are particularly severe, then they will likely impact your settlement more. Consider permanent cognitive impairment vs temporary cognitive impairment, for example. You can seek damages for temporary cognitive impairment, but a claim that involves permanent cognitive impairment or even long-term cognitive impairment expected to last a year or more will result in greater compensation. Decreasing Value Just as some factors increase the value of your settlement relatively speaking, other factors have the opposite effect. The following factors will all, relatively speaking, decrease the value of your TBI, concussion, or post concussion syndrome’s settlement value: Negligence or shared fault of the injured party; Tenuous causal connection between liable party and injury; Liability unclear between multiple potentially liable parties; The liable party is lacking in financial resources (known as a “judgment proof defendant”); No permanent cognitive impairment; No temporary cognitive impairment; and Injury’s effects are mitigated by swift medical treatment. Generally speaking, the fewer aftereffects you suffer as a result of your TBI, the less your TBI settlement is worth. Factors that do not appear in this list may also decrease your settlement’s value, so make sure you consider those factors as well. Better yet, discuss your case with an experienced TBI attorney so you have a well-informed estimate from someone who deals with TBI litigation on a day-to-day basis. Seasoned Legal Representation for Tri-State Area TBI Using our lists to make a relative estimate is useful in predicting your TBI settlement’s value. Adding up the sum of your monetary damages to make a more precise estimate is similarly useful. To get the most accurate estimate, however, there is no substitute for an experienced TBI attorney. The TBI attorneys here at Gerling Law have considerable experience helping those affected by TBI in the tri-state area recover the entirety of the damages they deserve. Our attorneys know how to evaluate your claim to get the most out of it. You deserve nothing less. Tell us your story. Call us today for a free consultation! Go with experience. Go with Gerling. ®

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