injury – Page 29 – Laws Regulations

What types of damages are available in a case involving an injury caused by Paxil?

Paxil Injury Damages Drug Toxic Chemicals

Free Case Evaluation From An Experienced Drug Liability Attorney.

What types of damages are available in a case involving an injury caused by Paxil?

There are two types of cases that can arise as a result of using Paxil – either a personal injury case, brought by someone who was injured by the drug (for example, through a birth defect, failed suicide attempt, or an inability to stop using the drug), or a wrongful death suit, brought by the family of someone who either committed suicide or was the victim of a homicide that is linked to the use of Paxil. The damages available in these types of cases are similar to the types of damages available in any personal injury or wrongful death case.

The concept behind damages in a lawsuit, whether decided by a jury or by settlement, is to try to put the victim in the same position he or she would have been without the injury or death. Therefore, damages that reimburse the victim or his or her family for medical expenses, burial expenses, loss of work, or any other out-of-pocket type expenses are awarded. As a practical matter, this means collecting and documenting your lost income, your medical expenses (i.e., ER care, hospital, doctor, laboratory, diagnostic tests, therapy, etc.), travel expenses, and burial expenses.

There are other types of damages available as well, although they are not as easy to put an actual number on because of their nature. Damages for things such as pain and suffering, loss of economic opportunity, loss of benefits, loss of enjoyment of life, and loss of companionship (in a suit brought by a spouse) are some of the damages that your attorney will include in any settlement discussions or argument to the jury. While it is difficult to put an objective measurement, such as a dollar figure, on a subjective complaint, such as pain and suffering or loss of enjoyment of life, the courts, attorneys, and insurance adjusters all have a great deal of experience in working with these concepts. (See also our section on pain and suffering.) Depending on where your case is brought, there will probably be other similar cases that your attorney and the other side will rely on as a starting point for these damages.

A third type of damages that may be available is punitive damages, which would be used in these cases to punish GlaxoSmithKline for continuing to promote Paxil for use by children and adolescents, for not acknowledging the severe withdrawal symptoms, and for not sufficiently warning about the increased suicidal and homicidal tendencies caused by the drug. The question here will be whether GlaxoSmithKline acted so negligently that it should be punished for improper warnings and promotions. However, punitive damages are not allowed in every state and it can be very difficult to prove that your case deserves punitive damages. Talk with your attorney to see if requesting punitive damages might be appropriate in your case.

You may read about settlements and jury verdicts in other cases involving Paxil. While these can be informative, remember that different people receive different settlement offers and jury verdicts based on many things: where the case is brought, what the particular facts of a case are, who the insurance adjusters are, your character and credibility; extent of the injury, objective evidence, and, to some extent, who the attorneys are. Therefore, you should not necessarily think that your case will receive the same type of settlement award as another case. Depending on your case, your settlement offer may be higher or lower. You will have to work with your attorney to decide whether a particular offer is suitable or not.

What is a hardship discharge in a Chapter 13 bankruptcy?

hardship discharge consumer bankruptcy

What is a hardship discharge in a Chapter 13 bankruptcy?

There are limited circumstances under which the debtor may request the court to grant a “hardship discharge” in a Chapter 13 case even though the debtor has failed to complete plan payments. Generally, such a discharge is available only to a debtor whose failure to complete plan payments is due to circumstances beyond the debtor’s control, and through no fault of the debtor, after creditors have received at least as much as they would have received in a Chapter 7 case and when modification of the plan isn’t feasible. Injury or illness that precludes employment sufficient to fund even a modified plan may serve as the basis for a hardship discharge.

Consult with an attorney in order to determine if a hardship discharge makes sense in your individual situation different bankruptcy judges across the country apply different standards as to what “hardship” means. Your attorney will know how the bankruptcy court in your area views “hardship.”

(Reviewed 11.14.08)

Continue reading “What is a hardship discharge in a Chapter 13 bankruptcy?”

Internet Scams: What Consumers Should Know

Internet Scams Intellectual Property Intellectual Property

Internet Scams: What Consumers Should Know

Ah, the Internet: with lightning-fast speed, incredible opportunities and worldwide connections, what’s not to love? Internet scams, that’s what. Unfortunately, a reality of the online world is that where there are interested customers, there are scammers and fraudsters. How can you protect yourself on the World Wide Web? Read on for some common scams to avoid:
Investment Fraud
If you’re interested in making money – and who isn’t? – you may be susceptible to investment frauds that nab your hard-earned cash in get-rich-quick investment schemes online. Disreputable brokers and online investment firms can both compromise your security and fritter away huge amounts of funds. How to prevent these frauds? Invest with both eyes open – look for a firm that’s reputable and has high recommendations from legitimate customers. Don’t fall for exaggerated claims of instantaneous wealth and ridiculously high returns on documented losers like penny stocks. Instead, rely on the (admittedly boring) advice investment professionals have been giving for years: there’s no foolproof way to play the market. It’s an adage to keep in mind as you navigate the choppy waters of online investments.
MLMs
Money-makers-to-be are also at risk for online multi-level marketing schemes (MLMs). These scams are similar to the “pyramid schemes” of yore. You’re roped in by promises of at-home income and huge profit margins, then forced to recruit other participants and pay huge buy-in costs. The catch with MLMs is that their products (from diet pills to properties) are only attractive to other potential sellers. In other words, you pay a huge price to start up a business that has no built-in customers! It’s a bad deal for anyone who doesn’t have money to waste on a huge business mistake. Red flags include overly exaggerated claims, high-pressure sales and huge start-up fees.
Web Cramming
Would-be businesspeople may also be at risk for web cramming, a scam in which a company offers a 30-day free trial of a custom-designed Web site, then racks up huge charges on your phone or Internet bill, even if you cancel. These scams might involve charges for products and services you’ve never even seen! It’s usually easy to nab web crammers by keeping an eagle eye on your ISP or telephone company’s bills. Dispute any wrong charges as soon as possible after they appear on your bill, and look for reputable web designers with solid, reasonable contracts instead of anonymous online Web site sellers.
Vacation Scams
Everyone loves a vacation, but some unfortunate consumers get gypped during vacation scams that can cost an arm and a leg – and ruin precious time off. These scams involve disreputable travel agencies that hawk package deals at extremely low prices. These bargain-basement deals might seem all-inclusive and are usually touted as luxury vacations. Unfortunately, the fun begins when consumers arrive at their destination to a locale that isn’t as comfortable or pricey as their package promised. The return home isn’t so fun either, with ridiculous and expensive surcharges adding insult to injury. How to insure yourself against the vacation from hell? Refuse to book travel with companies you haven’t researched. Be wary of one-size-fits-all package deals – and make sure never to agree to vague vacation promises that aren’t memorialized in writing.
Bottom line
Internet scams are everywhere! Fortunately, they’re also easy to spot. Just look for exaggerated claims, and go with your gut instinct. Document every transaction and act with caution. It just might save you precious time and money.
If you think you’ve been ripped off for a substantial amount of money, you may want to seek the advice of an internet lawyer.
To find out more information about protecting yourself when online shopping go to Online Sales: Protect Yourself.

And what debts are not washed out?

debts unwashed bankruptcy-law

And what debts are not washed out?

Congress has determined that the following types of debts are not dischargeable for public policy reasons (e.g., the nature of the debt or the fact that the debts were incurred due to the debtor’s improper behavior):

(1) taxes (subject to specific time rules), government fines, penalties

(2) spousal support (alimony)

(3) child support

(4) all student loans

(5) secured debts

(6) personal injury damages arising from driving while drunk

(6) debts from fraud, larceny, embezzlement

(7) punitive damage claims for “willful and malicious” acts (e.g., assault, libel)

(8) debts not listed on your bankruptcy papers (although this depends on the law in the federal circuit court jurisdiction)

To the extent that these types of debts are not fully paid in the Chapter 7 case, you are still responsible for them after the bankruptcy case has concluded.

Debts for last-minute purchases of luxury goods or services – or taking out cash advances on a credit card just before bankruptcy – are also non-dischargeable.

Another class of debts or claims (called “liens”) that are backed by property also survive (see the discussion of liens in next page).

Continue reading “And what debts are not washed out?”

What remedies are available for infringement of intellectual property rights?

Intellectual Property Infringement Intellectual Property Intellectual Property

What remedies are available for infringement of intellectual property rights?

If you are being wronged, you may ask the appropriate court to grant a Temporary Restraining Order and a Preliminary or Permanent Injunction to prevent and/or stop further infringement.

Allegedly infringing items or articles can be impounded while the action is pending and may be ordered destroyed or subject to other disposition if there is an infringement. An infringer can be liable for actual damages plus additional profits of the infringer or statutory damages.

Further, an infringer could be held liable for injury to business reputation or the dilution in the value of the copyright, patent, or trademark. Costs and attorneys’ fees sometimes also may be awarded to the prevailing party.