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Common causes of Carbon Monoxide poisoning include:
PREVENTION: Smoke detectors and carbon monoxide detectors can make a difference in your home. But if such devices are not properly maintained they won’t make a difference.
One of the most serious situations for carbon monoxide poisoning is in space heaters in apartments or hotel rooms. Stand alone heating units also include on the wall heating systems that you find in a high percentage of hotel rooms.
When in a hotel room with an older type system check to see if there is a carbon monoxide detector in the room. Travelling with a portable carbon monoxide detector is a good plan as only a few states have a law requiring CO detectors in hotels, and none in all rooms. Hotels
WARNING: Older ski resorts have a poor safety record for carbon monoxide poisoning so be particularly cautious when staying at ski resorts.
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CARBON MONOXIDE AND PERSONAL INJURY ACTIONS
"To recover in a personal injury action, the survivor must (in some states) prove that someone else wrongfully caused the injury."
The principal method for recovering significant sums for the survivor is through personal injury actions. To recover in a personal injury action, the survivor must prove that someone else wrongfully caused the injury...And if you have a viable action, the survivor may recover many times the medical bills in lost wages as well.
If the injury is caused, even partially by someone else's fault, a claim should be investigated. An experienced personal injury attorney should be consulted as there are often cases against parties that are not apparent to the survivor or his or her family. In most states, a personal injury accident can not be brought against the employer of the survivor, as the workers comp benefits are the exclusive remedy. However, just because an individual was injured at work, does not mean that no one else can be sued. For example, if a survivor was injured by a defective machine, the manufacturer of the machine could possibly be liable.
A personal injury action usually starts with an effort to negotiate a settlement without court action. If that is unsatisfactory, a lawsuit is filed. Ultimately, if a settlement can not be reached, the case will be tried before a court and a jury.
If there is enough insurance or a big enough company involved, personal injury claims will generally provide a greater recovery than social security or a workers comp action. The reason for the higher compensation is that the survivor is entitled to be compensated for the full pain, suffering and disability incurred by the survivor. Medical bills are fully recoverable, as well as is the loss of earning capacity. Brain injury damages are best suited to the full process of proof that a court case entails. While no amount of money can replace what a survivor has lost, juries tend to do their best when presented with the complete picture of disability.
The problem in most personal injury cases for the brain injured survivor will be finding enough insurance, or a deep enough pocket, to fully compensate for the loss. By a deep pocket, it is meant a company or individual with the capacity to pay a large verdict or settlement. With the cost of extended hospital care being several times the average person's auto insurance limits, this is an issue in most auto cases. The experienced attorney will look at several different sources to expand the compensation available. There is often more than one insurance policy available, to do what is called stacking. If the survivor or someone in his household had underinsured coverage, this may be used to increase the recovery. Often, it becomes a matter of looking past the obvious wrongdoers and to see if there lurks a hidden wrongdoer in the accident.
The critical mistake in too many personal injury cases is that an insurance adjuster convinces the survivor or his family to settle for a relatively modest sum, before the full extent of injury or entitlement is clear.
If an insurance adjuster is there early in the process, seemingly generously offering to pay all medical bills, don't sign anything. When faced with the pressure of catastrophic medical bills, the promise to pay all the bills may sound wonderful. Regardless of how much they try to endear themselves to you, the insurance adjuster is not your friend. He is not offering to pay medical bills out of the goodness of his heart, but to avoid paying substantially more. The insurance adjuster's job is to pay as little as he can. An early offer to pay bills is tantamount to an admission that they realize they are responsible to pay far more.
Don't sign anything until you have at least consulted with an attorney. Most personal injury attorneys will not charge for the initial consultation.
Lawyers can be of great assistance to the survivor in recovering benefits to which he or she may be entitled. While it is possible to find your way through the multi-layered process to maximize a recovery without an attorney, it makes sense to at least talk to an experienced attorney to see what they could do for you.
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What should I do if I suspect CO in my home?
The Brain Injury Law Group, S.C. is connected with plaintiff's trial lawyers across the United States. Attorney Gordon Johnson is the Past Chair of the Traumatic Brain Injury Litigation Group, a group of lawyers united by a common interest in serving the rights of persons with traumatic brain injuries and a common commitment to fully understanding the anatomic, medical and psychological aspects of brain damage, so we may be of better service to the survivors of brain injury. This network of lawyers are not part of a national law firm. We have separate law practices and are licensed to practice only in our home states.
The Brain Injury Law Group, S.C. is here to listen and for that reason we maintain an 800 number and a staff willing to discuss your case and legal information where appropriate. There is no charge to call. We only represent people on a contingent fee basis and charge a fee only when we recover for the client. For more on Attorney Gordon Johnson, click here.
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