The United States Justice System is among the best in the world. If you, a friend or your loved one has been seriously injured by a corporation or person, and you are unable to reach a settlement, generally you or your loved one will receive a just result in our court system.

A key component to receiving fair compensation is choosing an experienced personal injury lawyer who has the resources and commitment to represent you. Personal injury refers to both psychological and physical injuries that a person suffers as a result of someone’s negligence, their intentional actions, or strict liability. Negligence simply means failing to act as a reasonable or careful person or business would act under the same or similar circumstances. For example, if you are injured in an auto accident, caused by a driver who was on the phone or texting while driving, then you would suffer personal injury as a result of that driver’s negligence. Intentional actions refer to a person who purposefully and deliberately sets out to harm another individual, such as in an assault. Strict liability means that an individual or corporation may be held financially responsible if they produce, sell or distribute a defective or unsafe product that kills or injures someone.

While these scenarios may or may not also result in criminal charges brought against the offending party, generally they result in civil penalties. Civil penalties may include compensation for lost wages and medical bills as well as money damages for pain and suffering.

Types of Personal Injury Cases:

Car, Truck and Motorcycle Accidents

Construction, Industrial and Work Place Accidents

Hospital and Medical Error

Nursing Home Negligence

Defective/Unsafe Products

Airplane & Cruise Ship Accidents

Not All Attorneys are Equally Qualified to Handle Personal Injury Cases

In order to prove your case in a court of law, you must be able to show that your injury was caused by the negligence of another party. The personal injury lawyers at the Law Offices of Henry Hanflik will help you to determine if you have a valid claim. After your case is carefully analyzed and evaluated, our attorneys will discuss with you the best course of action to follow. Filing a law suit may not always be in the best interest of the client. Virtually every case handled by the Law Offices of Henry Hanflik is on a contingency basis; that means our office advances the costs necessary to handle your claim.  A fee is charged only when we make a recovery on your behalf.

Call us now for a free case evaluation at 810-720-4000 or toll-free at 888-905-4632.

Before you pop another Nexium, Prilosec, Protonix, Losec, Zegerid, Prevacid or omeprazole, you might want to weigh the risks and benefits of taking such medications, known as proton pump inhibitors. These drugs are widely used to treat excess stomach acid, including ulcers and acid reflux disease. But in a report published in the Archives of Internal Medicine, doctors warn of the possible dangers to patients who use these drugs:

1. Proton pump inhibitors may increase the risk of bone fractures. A study of 130,000 women by researchers at the University of Washington showed a 25% overall increased risk of fractures in women prescribed these medications.

2. Records of 100,000 patients, discharged from hospitals over a five year period, were studied by doctors at Beth Israel Deaconess Hospital in Boston. They found that patients taking proton pump inhibitors were more than twice as likely, than patients not prescribed the drugs, to develop Clostridium difficile, a hard-to-treat infectious disease which tends to crop up in hospitals. This disease can cause diarrhea and severe complications, such as bowel perforation.

3. Proton pump inhibitors have been linked to increased risk of developing pneumonia. These drugs, which suppress acid in the stomach, might promote different types of bacteria growth in the gastrointestinal and respiratory tracts: those bacteria may cause pneumonias.

Some physicians believe that proton pump inhibitors are over-prescribed, and for many patients the adverse effects outweigh the benefits. Patients who are treated with these drugs for simple heartburn should understand the dangers of these drugs, try to make well-informed decisions and consult with their physicians.

According to a recent report from the U.S. Surgeon General, there is no safe level of exposure to tobacco smoke. Even an occasional cigarette or breathing second-hand smoke can cause serious and immediate damage to your body, altering your DNA and increasing the risk of developing cancer. In fact, nearly one-third of all cancer deaths involve cigarette smoking. Exposure to cigarette smoke may cause cardiovascular disease and trigger a heart attack or stroke, because the smoke rapidly damages blood vessels throughout the body, making blood more likely to clot. Cigarette smoke contains over 7,000 different chemicals and compounds, hundreds of which are toxic: seventy are known to cause cancer. These chemicals found in tobacco smoke inflame the delicate lining of the lungs, reducing the ability of the lungs to efficiently exchange air, leading to chronic pulmonary lung disease, emphysema and chronic bronchitis.

Of course the longer a person smokes, the more damage is created by the toxic chemicals that can weaken the immune system and reduce your body’s ability to fight off cancers, including those  cancers that are not associated with smoking. If you are trying to become pregnant, women should avoid all exposure to tobacco smoke, as chemicals in the smoke interfere with how your fallopian tubes function, and increase the risk for miscarriage or low birth weight. Men should be aware that chemicals in tobacco smoke can damage the DNA in sperm and may reduce fertility or adversely affect fetal development. Diabetics should understand that tobacco smoke interferes with the regulation of blood sugar levels, putting them at higher risk for heart, lung, kidney and eye diseases and increased problems with circulation and nerve damage.

The report explores why cigarettes are addicting, and concludes that cigarettes are designed to addict. Cigarettes produced today deliver nicotine more rapidly to the heart, lungs and brain, making them more addictive than ever before. Nicotine is the leading ingredient that causes addition, but certainly not the only ingredient that promotes dependency and addiction. Cigarette manufacturers seek to “improve”  the design of their products by adding more powerful compounds to affect the nicotine receptors in the brain and thus sustain the additive effects of cigarettes. Adolescents are at greater risk for addiction to cigarettes as their bodies are more sensitive to nicotine. Smoking “light” or low-tar cigarettes did not significantly reduce the risk of smoker-related diseases. Rather, these versions of cigarettes may have interfered with campaigns that encourage people to stop smoking.

“It is never too late to quit” smoking tobacco products. The report states that the risk of developing smoker-related diseases begins to drop as soon as an individual quits. Fortunately, there are medications available, both over the counter and by prescription, to help a smoker to “kick the habit”. To learn more,copy and paste this link into your browser: http://www.cdc.gov/tobacco.

Over the last few years, many doctors have been recommending their patients take extra calcium and vitamin D for optimal health. However, a panel of experts at the Institute of Medicine (IOM), an independent, non-profit organization, now say in most cases, calcium and vitamin D supplements are unnecessary. In fact, too much of these supplements may put older women at risk for kidney stones and put some some patients at risk for heart disease, cancer and autoimmune diseases. Vitamin D is being added to more and more foods and beverages, including breakfast cereals, milk and orange juice. However, most people do not get enough vitamin D from their diets, but have enough of it in their blood. Our bodies make the vitamin naturally, after exposure to the sun, and store it for later use. The experts at the IOM assumed minimal sun exposure to reduce the risk of skin cancer to establish the minimum daily requirement of around 400 IUs of vitamin D per day. Adults 71 and older may need up to 800 IUs due to age-related changes in their bodies. The recommended intake for infants varies from 200 to 400 IUs per day, depending on the age of the child. As for calcium, the IOM found that most people are receiving adequate amounts. They recommend, on average, children aged 1-3 need 500 milligrams per day and children 4-8 need 800. Adolescents and men and women over 71 require 1300 milligrams and 1000 milligrams, respectively.

According to a recent study conducted at the University of Washington, a number of scented household products contain chemicals that are, by law, considered toxic or hazardous. These products include laundry and dish detergents, fabric softeners, shampoos, air fresheners, deodorants, disinfectants and sprays. Currently, manufacturers of these products are not obligated to list ingredients on their products. However, legislation to require them to do so is under consideration in the U.S. Senate. A lead researcher in the University of Washington study said that green products’ emissions of toxic chemicals did not differ substantially from other products. Many products scented with citrus and pine tested positive for hazardous chemicals such as ethanol and acetone. To read what’s in the products found in your home or office, and to learn about the potential health effects of these unlabelled  toxins, click here: Household Products.

During the fall and winter seasons, the use of electric space heaters increases as the temperature decreases. Increases in home heating costs may cause some consumers to explore alternative ways, including space heaters, to heat their homes.

In a recent year, the U.S. Consumer Product Safety Commission (CPSC) estimated  there were at least 25,000 residential fires associated with the use of space heaters, resulting in more than 300 deaths and 6,000 burn injuries. Because space heaters may cause fires due to misuse or manufacturing and design flaws, it is important to follow safety precautions to protect your family while keeping your home warm this winter season.

1. Purchase newer model heaters that have all the safety features, such as a tip-over safety switch which shuts off the unit if it tips over.

2. Buy only those units with the Underwriters Laboratory (UL) label.

3. Do not use space heaters as the only source of heat in your home. They are not intended to replace your furnace.

4. Choose a unit that is thermostatically controlled to avoid wasting energy by overheating a room.

5. Do not leave a space heater unattended. Unplug the heater when it is not in use. NEVER leave a space heater on when you go to sleep or place one close to a sleeping person.

6. If you must use an extension cord to plug in your heater, use a grounded heavy duty cord marked with #14 gauge or larger.

7. Place the space heater on a level, hard surface (like ceramic tile), not on a rug or carpeting, and keep at least 3 feet away from flammable surfaces such as draperies or bedding.

8. Keep babies and small children away from space heaters as they may be attracted to the glowing elements and sustain burn injuries to their tender skin.

9. Place smoke alarms with fresh batteries on all levels of your home and in each bedroom.

When used correctly, space heaters can provide an additional source of heating for your home. However, the use of space heaters can result serious injury and death. The U.S. CPSC has recalled numerous electric space and oiled-filled heaters: one was recalled  in July 2010.

In tough economic times, many individuals are struggling to pay their utility bills. If you face the likelihood or possibility that your natural gas may be disconnected, contact your utility company prior to termination of service to ask for help. Many local charities and state agencies can provide assistance.

Results of a recent study published by the American Academy of Pediatrics suggests that the number of children seeking medical care for concussions incurred while playing competitive sports has more than doubled over a five year period. According to the study, forty-percent of children seen in the emergency room for sports-related concussions were elementary and middle-schoolers between the ages of 8 and 13. Physicians say the brains in younger children are more susceptible to injury, that these injuries may take longer to heal and can cause more damage than concussion in adults or adolescents. The report stress the need for parents, coaches and physicians to create better guidelines for recognizing brain trauma in youngsters, and when and how long to sideline them. More importantly, the report stress the need for solutions and ways to protect children from future long-term brain injuries. (8/29) LA Times

However, adolescent sports-related concussions are also serious and may cause death or severe long-term injuries as the still-developing brains in teenagers make them more susceptible to the debilitating effects of head injuries. Experts say that children and adolescents who have suffered a concussion should always be evaluated by a physician to receive medical clearance prior to resuming play. Common practice is to wait 15 minutes and return to play. Contrary to public perception, only about one in ten individuals who sustain a concussion loses consciousness. Symptoms can appear up to 72 hours after an impact and may include disorientation, problems with memory, nausea and headache. (8/30) LA Times

According to the Consumer Product Safety Commission, in the U.S. during April 2010,  40 people were killed riding ATVs, 12 of them children under the age of 16. In May, 13 children died in ATV-related accidents. And in the past few weeks in Michigan alone, 5 children under the age of 14 have died or suffered severe injuries, while riding an ATV. Children and ATVs do not mix. This opinion is shared by the American Academy of Pediatrics and the American Academy of Orthopedic Surgeons, whose members each year treat thousands of children injured by ATVs. These doctors and consumer advocacy groups support legislation that would prohibit ATV use by unlicensed adolescents under the age of 16. Michigan law allows children under 16 to operate an ATV if they wear a helmet, have safety training and follow other rules. Yet studies show that helmets do not provide sufficient protection for young riders who suffer more severe injuries, longer hospital stays and more surgeries than if they have been riding a conventional bicycle. Studies also found that despite surviving an ATV-related accident, children return to riding ATVs with their safety behaviors unaltered. The findings of these studies reinforce the need for legislation to keep children under 16 off these dangerous vehicles. Although the case for new legislation about who can ride an ATV is strong, the ATV industry continues to fight against it, and has failed to heed the serious warnings of consumer advocacy groups. Instead, companies such as Yamaha, while aggressively marketing these dangerous vehicles to youngsters, avoid federal and state regulation by “doctoring” documents and publishing false statistics to show ATV deaths and injuries are declining, when in fact the opposite is true.  Legislation will help to save lives, but in the end,  the ATV industry must endeavor to produce safer vehicles and support regulations to protect children under 16. For more information, visit atvsafetynet.org.

Summer is prime time for garage and rummage sales where families search for gently used furniture, household items and toys for kids of all ages. While searching for bargains, consumers should be aware of  safety issues involving products, particularly for infants and children, that may be sold at neighborhood garages sales.  Some products sold at these sales may have been subject to a recall because they pose a a risk of injury or even death to infants and children. The seller of the products may be unaware that the items they are offering for sale have been recalled by the Consumer Product Safety Commission (CPSC). Beware of hand-me-down bassinets, cribs or toys given to you by a friend or relative who may be unaware that an a crib or toy is subject to a recall. Before using an item you buy at a garage sales or one that has been given to you,  go to CPSC.org to determine the safety status of that item. Check out the CPSC’s “most wanted list”  of products, those that have caused death and/or injury. They include: Simplicity Bassinets and Cribs, Stork Craft and Delta Cribs, Magna Man Figures,  Kolcraft Play Yards, and Playschool Tool Benches, among others.

In late 2009, Toyota’s sudden acceleration problems became international headline news. But Toyota’s unintended acceleration problems have persisted for more than a decade. In fact, the National Highway Traffic Safety Administration (NHTSA) ordered Toyota to recall vehicles as early as 1986 because of speed control issues. Toyota’s current generation of problems began in 2002 when Toyota notified its dealers that some Camry models could experience engine surging, which required electronic calibration to repair the problem. In 2003, the Toyota Sienna was the subject of internal communications that dealt with an “unwanted acceleration” incident that occurred during testing. Toyota reported the incident to NHTSA five years later, thus establishing a pattern of deception that has continued to the present. The current cover-up at Toyota has caused the deaths of at least 56 people and hundreds more have been injured, as consumers were uninformed about the safety issues that have plagued Toyota.

Some safety experts claim that Toyota does not know how to fix the current sudden acceleration problem. Instead, the company has blamed drivers for pressing the accelerator instead of the brake. They also blamed floor mats for entrapping gas pedals, and then later claimed that gas pedals were sticking, not returning to idle position. Data shows that Toyota’s unwanted acceleration problems began in 2002 with the introduction of electronic throttle controls. Complaints of sudden acceleration rose by 500% after Toyota incorporated these systems into their vehicles.

Although the cause(s) of Toyota’s acceleration problems may never be fully disclosed, the solution is easy and inexpensive: install the “smart pedal.” The “smart pedal” has been used for over ten years by Chrysler, Nissan, BMW, Audi and Mercedes Benz and costs as little as $1.00 per vehicle. This technology works simply: if a driver inadvertently applies both the accelerator and brake simultaneously or if an electronic malfunction occurs which mimics this situation, the engine automatically shifts into idle, permitting the driver to slow and come to a stop. Toyota says it will begin using this technology in its 2011 models.

Unfortunately, Toyota has gone great lengths to avoid taking responsibility for its mistakes by attacking the research and tests of David Gilbert, an Automotive Technology Professor at Southern Illinois University. While Toyota claimed that their systems could not cause sudden acceleration, Gilbert’s tests showed the opposite: Toyota’s electronic systems could fail to prevent sudden acceleration in certain instances. Toyota told the United States Congress that they would work with Dr. Gilbert, but instead hired Exponent, a research firm, to refute the professor’s findings.

Toyota has refused to accept responsibility for its acceleration problems for years. Rather than addressing this significant safety issue by finding solutions, the company has focused on avoiding safety recalls. Toyota hired investigators away from NHSTA in an effort to stall or shut down NHTSA investigations. Internal documents at Toyota show that the company saved more than $100 million by avoiding a recall because of the sudden acceleration problem. Just one month after Toyota bragged about their cost savings “win”, a family was four of killed in their Lexus after it accelerated out of control.

While Toyota is working on a solution to its sudden acceleration problems, drivers of Toyota and Lexus vehicles should know what to do if they experience sudden acceleration.

Consumer Reports magazine reports that test drivers found the most effective strategy was to hit the brake pedal hard and hold it.

“Don’t start pumping or pounding on the brakes. That negates the vacuum assist and makes the brakes less effective. Toyota goes a step further. It advises stepping on the brake pedal with both feet, using firm and steady pressure.

After hitting the brakes, shift the transmission into neutral.

After disengaging the engine, pull safely off the road, turn off the car and park it.”

How can you be prepared?

Be sure you know how to get your car into neutral. This varies greatly by make and model and is not always intuitive. You want to know how to do this before you find yourself in an emergency situation.

People may be tempted to turn off the engine, but shifting into neutral is a better option. That’s because turning the engine off stops the power steering system and will make it harder to control the vehicle.

Still, if you can’t get it into neutral, don’t fool around. Shut the engine off.

But even this can be tricky if you are not prepared.

Toyota said if its vehicle is equipped with an “engine start/stop” button, you need to push the button firmly and steadily for at least three seconds to turn off the engine. Do not tap the start/stop button.

Other car makers, however, use different on-and-off systems, so be sure you know how your vehicle works.

Sources: The Safety Report, Consumer Reports