What can I do to pay for my neck injury treatment, short of filing a lawsuit?

Neck Treatment Lawsuit Injury Law

What can I do to pay for my neck injury treatment, short of filing a lawsuit?

You do not have to file a lawsuit to submit a claim for accident-related injury treatment.

If someone else was at fault in an accident that caused your neck injury, you or an attorney can help make sure your no-fault auto insurance or health insurance is paying for your treatment and can keep track of your treatment, expenses, wage loss and potential on-going symptoms.

Your attorney can also contact the other driver’s insurance company on your behalf and make sure it is aware of a potential claim for damages in the future. If you are entitled to additional damages at some point – such as financial compensation for permanent injury, pain and suffering, humiliation and or emotional distress – you will have protected your rights and left open the possibility of a settlement or judgment.

You only have to file a lawsuit to pursue compensation that you deserve that the insurer refuses (or the other party if they have no insurance) to pay to you. Even if you do eventually file a lawsuit, most lawsuits result in settlement long before a trial is necessary.

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Why Hasn’t Yamaha Recalled The Rhino?

Yamaha Rhino Recall Defective Products

Why Hasn’t Yamaha Recalled The Rhino?

Yamaha’s Rhino, an all terrain vehicle (ATV) which is marketed for use in rugged terrain, around a ranch or on flatland, has caused numerous injuries and death since it came on the market in 2003. So, why hasn’t it been recalled?
That’s what consumer groups and owners of the Rhino would like to know. The Rhino, which comes in three different engine sizes – a 450, 660 and 700 – did not come equipped with important safety features such as doors or handles to keep its occupants inside the vehicle during accidents. And there have been many accidents associated with the Rhino. The vehicle has a very narrow wheel base and a high center of gravity, so rollovers are common – even at low speeds. Due to these hazards, consumer groups say that the Rhino should have been recalled a long time ago to address these design defects.
However, manufacturers don’t particularly like recalls. They’re expensive, complicated and cause consumers to doubt not only the product, but the manufacturer as well. Yamaha doesn’t seem to be an exception. While it never “officially” recalled the Rhino, it did offer to provide owners with safety equipment such as doors and handles free of charge to keep occupants inside.
Although Yamaha thought that was “good enough”, consumer groups disagree because without an official recall, many owners never knew about the offer. In March 2008, Yamaha did finally issue an official recal of the Rhino, but only due to problems with a brake caliper that causes brake fluid to leak. If you’ve had an accident while being an occupant in the Rhino, click here to contact a Yamaha Rhino attorney at AttorneyPages.com.

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Whiplash Injury: Causes, Symptoms and Treatment

Whiplash Injury Injury Law

Whiplash Injury: Causes, Symptoms and Treatment

Whiplash is a soft tissue injury that happens when the neck and head are thrown forward and back again due to sudden impact (which is almost always a car accident). The impact flexes the head and neck beyond their normal range of movement. In addition to the tissue in the neck area, whiplash may also damage joints, discs, ligaments, muscles and nerve roots.
Common causes
The most common cause of whiplash is car accidents, but whiplash can also occur in sports accidents or when a child under age 5 is violently shaken (“shaken baby syndrome”).
Symptoms
Physical symptoms include:
Headaches
Neck pain or stiffness
Loss of motion in the neck
Injured muscles and ligaments
Dizziness
Psychological symptoms include:
Memory loss
Poor concentration and/or memory
Nervousness/irritability
Fatigue
Depression
Whiplash Treatment
You should always see a doctor immediately if you have been in a car accident, even if you don’t have a lot of pain, because you may still be injured.
The treatment may include pain medication, anti-inflammatory drugs, muscle relaxants, a cervical collar and perhaps antidepressants. Your doctor may also prescribe range-of-motion exercises and physical therapy.
In general, the prognosis for people suffering from whiplash injuries is good. Usually, the neck and head pain clears within a few days or weeks. Most patients recover within three months after the injury. However, some people may continue to feel some pain after that.
The violent shaking of young children may cause severe injuries to the child, including permanent brain damage or even death.
FreeAdvice offers Neck Injury/Whiplash FAQs that provide further information, but if you think you have whiplash due to someone else’s negligence, you should contact a personal injury attorney. It is important to pursue your case immediately, because all states have a statute of limitations, which is a law limiting how long you have to file a case. If you’d like your case to be evaluated by an experienced lawyer at no cost or further obligation, fill out FreeAdvice’s case evaluation form.

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Yamaha Rhino: Injuries, Deaths & Lawsuits Continue

Yamaha Rhino Injuries Deaths Lawsuits Defective Products

Yamaha Rhino: Injuries, Deaths & Lawsuits Continue

Riders of Yamaha’s Rhino, known as a utility terrain vehicle (or UTV) continue to be injured and die while riding in the vehicle – and many of those victims are children who become pinned underneath it when it rolls over. The Rhino’s high center of gravity and narrow wheel base are generally the cause of accidents – and lawsuits against the company continue to be filed.
Defective & unreasonably dangerous product
Those are the terms generally used to describe Yamaha’s Rhino, a four wheel utility terrain vehicle that has been on the market for over five years. While newer versions of the Rhino come with improved safety features, older models did nothing to keep the driver or passengers inside the vehicle when it rolled over. As a result, many riders have either been thrown from the vehicle or have gotten pinned underneath it – generally at very low rates of speed.
New injuries, deaths & lawsuits continue
There have been hundreds of injuries and numerous deaths linked to the Yamaha Rhino and many of those involve children – the latest being a Texas boy who was killed when the Rhino he was riding in rolled over.
Although the U.S. Consumer Product Safety Commission (CPSC) is investigating the matter, lawsuits against Yamaha continue. In fact, a motion to consolidate lawsuits against Yamaha was filed in December 2008. The lawsuits generally allege that Yamaha was negligent for failing to exercise reasonable care for the safety of plaintiffs by negligently designing, manufacturing, marketing and selling the vehicle without the necessary safety features, strict liability, breach of express and implied warranties, fraud, concealment and misrepresentation. They generally seek damages for medical expenses, lost wages, loss of earning capacity, pain and suffering, mental anguish and punitive damages.
If you’ve been injured due to the Yamaha Rhino, contact an experienced products liability attorney who understands the issues concerning this dangerous vehicle to discuss your situation and evaluate your options. Consultations are free, without obligation and are strictly confidential.

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Yamaha Rhino Accidents: How a Lawyer Can Help

Yamaha Rhino Accident Lawyer Defective Products

Yamaha Rhino Accidents: How a Lawyer Can Help

The Yamaha Rhino is an all terrain vehicle (ATV) which is marketed for use in rugged terrain, around a ranch or on flatland. With its narrow wheel base and high center of gravity, it has a propensity to rollover and cause serious injury. If that happens, contact a lawyer whose practice focuses in this area of the law as you may be entitled to compensation.
Don’t assume you don’t have a case
Anyone who has suffered a traumatic injury due to an unreasonably dangerous or defective product is entitled to receive compensation under the law. Whether you believe you were driving too fast or took a corner too sharply, don’t assume you don’t have a case. Manufacturers are required to test their products dynamically – which means testing them to see what happens in every day life.
Legal experts and consumer groups say that Yamaha didn’t adequately test the Rhino before putting it on the market, didn’t equip the vehicle with appropriate safety features such as doors and hand holds and never recalled the Rhino to later install those safety features or address design defects.
There are many legal theories involved in product liability and personal injury cases such as strict liability, negligence and wantonness. While each theory, and state law, differs, a qualified lawyer will be able to address which legal theory pertains to your situation and how your state’s law operates.
If you’ve had an accident while being an occupant in the Rhino, click here to contact a Yamaha Rhino attorney at AttorneyPages.com..

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Will bankruptcy affect my right to recover for injuries I previously suffered in an accident?

bankruptcy accident consumer bankruptcy

Will bankruptcy affect my right to recover for injuries I previously suffered in an accident?

Subject to some exceptions, your right to recover damages for personal injury is part of your estate. Subject to the exemption rules, therefore, any money you end up recovering will go to pay off your creditors.

It is crucial that you claim the injury as property and must list it as such in the bankruptcy petition; otherwise you will be judicially stopped from bringing that lawsuit after you are out of bankruptcy.

If you were injured on the job, you probably have a worker’s compensation claim under state law or a like claim under federal law. Your right to receive compensation under these laws is fully exempt. Any right you might have to recover against a third party, however, would be part of your bankruptcy estate.

Similarly, your right to recover under laws that compensate victims of crime would be fully exempt.

Personal injury damages, not including damages for pain and suffering, are exempt to the extent of $18,450 if you elect the federal exemptions (and if your state even allows you to elect the federal exemptions).

Note that what matters is when the injury occurred, not when you file suit. If you were injured in an accident yesterday, your bankruptcy estate owns your right to recover for those injuries if you file for bankruptcy today and file a personal injury lawsuit tomorrow.

(Reviewed 11.14.08)

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Yamaha Rhino: Little Pre-market Testing Done

Yamaha Rhino Little Pre Market Testing Defective Products

Yamaha Rhino: Little Pre-market Testing Done

Yamaha, the manufacturer of the Rhino, an all terrain vehicle (ATV) that was marketed for rugged terrain, ranch and flatland use, did little pre-market safety testing before it began selling the ATV to consumers. This lack of safety testing has caused drivers and passengers of the Rhino to suffer serious injuries and death.

The importance of pre-market testing

Product manufacturers are required to test their products to ensure that they are safe for consumer use – before they begin selling them. That holds true for a five dollar toaster or a multi-million dollar yacht. While the type of testing differs depending on the product itself, the fact remains that the testing must be adequate to keep consumers safe. In other words, the product’s designer should make sure that any foreseeable hazards are addressed beforehand.

Since the Rhino isn’t considered an automobile, Yamaha wasn’t required to test the vehicle against the various federal standards that apply. However, that doesn’t mean that the product didn’t need to be tested at all – something legal experts say that Yamaha has actually admitted. It should have conducted what is called “dynamic” testing, which is the kind of testing done to see what happens in real life such as going too fast, making sharp turns, having too many people in the vehicle, etc.

The Rhino has a very narrow wheel base, a high center of gravity and didn’t come with safety features to keep occupants inside the vehicle. What happened was that owners found that the vehicle rolled over easily – even when they were driving it at low speeds and safe driving conditions. Without safety features to keep occupants inside the vehicle, serious injuries and deaths began occurring.

Experts say that these will continue until Yamaha addresses the problem and recalls the vehicle – which it did, but only for 2008 models because of problems with a brake caliper that causes brake fluid to leak. If you’ve had an accident while being an occupant in the Rhino, click here to contact a Yamaha Rhino attorney at AttorneyPages.com.

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Woman Trapped in Yamaha Rhino Rollover Sues ATV Distributor

Woman Trapped In Yamaha Rhino Rollover Sues Defective Products

Woman Trapped in Yamaha Rhino Rollover Sues ATV Distributor

A woman is suing an ATV (all terrain vehicle) distributor for negligence and failure to install a retrofit kit intended to protect the limbs of Yamaha Rhino users. She suffered serious and permanent injuries when the ATV rolled over and crushed her hand – a situation that experts say could have been avoided if Yamaha had recalled the Rhino.
The case
According to an article in the West Virginia Record (www.wvrecord.com), a husband and wife purchased a Yamaha Rhino ATV in 2006. Both were out riding one day – the husband driving and the wife a passenger – when the Rhino rolled over on its side and trapped the wife’s right hand under the vehicle. She suffered serious injuries including the crushing of upper extremities on her right side as well as multiple fractures of both her right hand and fingers.
Her right hand now contains a metal pin and other hardware and she now has a permanently disfigured hand. She sued the distributor where they purchased the Rhino for not installing a retrofit kit intended to keep occupants of the vehicle inside and for allowing defective design defects relating to rollover risks.
Unfortunately, she is not the only one to experience injuries from an ATV.
CPSC reports 150,000 injuries per year
The Consumer Product Safety Commission (CPSC) reported that nearly 150,000 people were treated in emergency rooms and 555 people died in 2006 due to ATV accidents. Consumer advocate groups and legal experts say that those numbers are far too high and blame certain manufacturers for not doing enough to keep occupants safe.
Cole Portis, an Alabama attorney whose firm represents those who have been injured by the Yamaha Rhino, explained why injuries from Yamaha’s Rhino – the same vehicle driven by the woman in the case above – happen with the Rhino. Portis says that Rhinos made between 2004 and 2007 were not properly tested and have two defects:
It is prone to rollover because the wheel-base is very narrow and the vehicle is also very high. Because of the high center of gravity at low speeds, even those less than 10 miles per hour, the vehicle is prone to rollover.
It doesn’t have any type of barrier to prevent someone’s arms, legs, ankles or feet from being crushed after it tips or rolls over because there aren’t any doors on either side of the vehicle to keep the body parts of the occupant in the vehicle (although the company offers them to consumers).
If you’ve been injured due to the Yamaha Rhino, contact an attorney whose practice focuses in this area of the law. Consultations with a qualified attorney are strictly confidential, free and without obligation. Contact an attorney about your situation.

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Yamaha Rhino: More & More Lawsuits Being Filed

Yamaha Rhino Lawsuit Defective Products

Yamaha Rhino: More & More Lawsuits Being Filed

Yamaha, the manufacturer of the Rhino, an all terrain vehicle (ATV), started seeing lawsuits being filed against it almost immediately after the Rhino was introduced five years ago. The number of lawsuits continues to increase as consumers continue to suffer serious injuries.
Serious injuries
Consumer groups say that serious injuries have occurred – and continue to occur – because Yamaha’s Rhino was rushed to market and is defectively designed.
Rushed to market. Experts say that Yamaha’s Rhino, which was meant to be used in rugged terrain, around a ranch or on flatland, was rushed to market after its competitor, Kawasaki, introduced the Mule – a similar vehicle. In order to get the Rhino to market quickly, Yamaha simply used the engine and chassis from its Grizzly – an ATV it already had on the market.
Experts say that Yamaha never adequately tested the vehicle before putting it on the market. While the company began seeing complaints – and lawsuits – it offered to install safety features to the vehicles. The only official recal has been for 2008 models because of problems with a brake caliper that causes brake fluid to leak.
Defectively designed. Yamaha’s rush to get the Rhino onto the market more quickly left little time for it to be effectively designed. The vehicle has a very high center of gravity and a very narrow wheel base and has a propensity to rollover – often crushing the driver or passengers’ limbs due to a lack of safety features such as doors or handles (which were only offered recently) to keep occupants inside of the vehicle. Unfortunately, many consumers didn’t realize this until it was too late.
If you’ve had an accident while being an occupant in the Rhino, click here to contact a Yamaha Rhino attorney at AttorneyPages.com.

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Yamaha’s Rhino ATV: Injuries and Deaths Continue

Yamaha Rhino Death And Injuries Defective Products

Yamaha’s Rhino ATV: Injuries and Deaths Continue

The Yamaha Rhino, an all terrain vehicle (ATV), continues to cause injuries and deaths across the nation – and many of the victims are children. The latest fatality is 8 year old Michael McCloud of Richardson, Texas.
A needless tragedy
According to news reports, the 8 year old boy and a 59 year old woman were passengers on a Yamaha Rhino ATV driven by the boy’s 12 year old brother. The ATV overturned and Michael suffered a massive trauma and died. Police reports stated that the vehicle “was turned sharply to the left as the three were riding on dirt in a pasture” and that “the ATV was reported to have then rolled onto the passenger side ejecting both front seat passengers” where it came to rest on top of Michael.
Hundreds of rollovers, but no recall
Even though the Yamaha Rhino has been linked to hundreds of rollovers, the manufacturer still hasn’t recalled the vehicle and is now defending itself in several lawsuits. In fact, one lawsuit was recently filed by a California man whose Rhino overturned at a low rate of speed and caused serious and permanent injuries to his right leg. He is alleging that the Yamaha Rhino is a dangerously unstable and defective product.
Since coming on the market in 2003, the Rhino has been linked to many injuries and deaths due to its high center of gravity and a very narrow wheel base and has a propensity to rollover and crush the occupants’ limbs, cause severe injuries – or in the case of 8 year old Michael – death. Many of the earlier Rhinos lacked safety features such as doors and handles. Unfortunately, these vehicles continue to be used. Although Yamaha claims that its offered to install the needed safety features, without a recall, many consumers simply don’t know about it.
Have you been injured in an ATV accident?
If you’ve been involved in an ATV accident, contact an experienced lawyer who understands the dangers of the Yamaha Rhino and other ATVs. Contacting a lawyer doesn’t cost you anything as consultations are free, without obligation and are strictly confidential. Most accident attorneys work on a contingency fee basis, which means that they don’t get paid unless and until you recover.
If you would like to discuss your situation with an experienced lawyer, please click here.

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