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If
you or a loved one has suffered a serious injury or death as a result
of an accident, you may be entitled to bring a claim against the
responsible person or company so that you may be fairly compensated
for your injuries. The term "injuries" is broader than
just pain and suffering. Other compensable elements besides pain
and suffering include lost wages, medical bills, and other out of
pocket expenses, as well as compensation for the loss of enjoyment
of life (in some circumstances) and loss of consortium. You need
an experienced lawyer to protect your interests and ensure that
you receive full compensation for your injuries.
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If
you are aware of improper business practices that defraud the
government, you may qualify as a "whistleblower" and assist in the
recovery of funds for the benefit of all U.S. taxpayers. Under the
federal False Claims Act, citizens with knowledge of fraud are
authorized to file "qui tam" lawsuits against companies that
unlawfully cheat the federal government. As a reward for exposing
companies that commit fraud against the government, whistleblowers
(known as "relators" under the False Claims Act) may be awarded
between 15 to 30 percent of the government’s recovery. Additionally,
the False Claims Act provides for remedies to protect whistleblowers
from retaliation by their employers. The United States Department of
Justice is aggressively pursuing these cases, particularly with
respect to healthcare fraud. Similarly, Tennessee has a statute that
encourages whistleblowers to reveal fraud relating to state funds.
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Product
liability is an area of the law which holds a manufacturer or seller
of a dangerous or defective product responsible for personal injury
or property damage resulting from use of such a product. A product
is defective if it is unreasonably dangerous for its intended use
and it does not provide the level of safety the public is entitled
to expect. Many products, including automobiles, tires, drugs, construction
equipment, industrial machinery, appliances, food, medical devices,
and tobacco have been found to be defective. Depending on the facts
surrounding the claim, there are several theories of recovery available
to an injured party.
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Elderly
residents of nursing homes and assisted living facilities have the
right to live in a safe environment. As residents are vulnerable and
susceptible to injury and neglect, their family members place
considerable trust in these facilities to provide residents with the
care they deserve. While most facilities do provide good care,
others subject residents to needless suffering and injury. Often
these injuries occur in nursing homes that are inadequately staffed,
and facilities sometimes fail to provide their employees with the
training necessary to protect resident health and safety. When
nursing homes and assisted living facilities are operated
negligently, residents may sustain injuries such as bedsores,
dehydration and fractures due to preventable falls.
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Toxic
tort lawsuits seek monetary compensation and other relief for
injuries resulting from environmental contamination and hazardous
chemical exposure. People are often exposed to toxic chemicals from
pharmaceuticals, from consumer products, and from their home or work
environment. While a significant number of toxic tort cases arise
from exposure to pharmaceutical drugs, there are also many
occupational toxic tort cases, because industrial and other workers
are often chronically exposed to toxic chemicals - more so than
consumers and residents. Most of the law in this area arises from
asbestos exposure, but thousands of toxic chemicals are used in
industry and American workers suffer a variety of toxic injuries
from different industrial chemicals.
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Consumer
fraud includes a wide variety of improper practices involved in
the advertising, marketing, sale, or lease of goods or services.
Many consumer fraud cases involve allegations that sellers of a
product misrepresented the product’s features, quality, or
other characteristics, while others claim that products do not perform
as advertised. Consumer frauds also take place when companies overcharge
customers for products or services, or mislead consumers about the
terms of sales agreements or the existence and duration of warranties.
Most states have consumer protection statutes that provide remedies
for individuals that have been defrauded by unscrupulous business
practices.
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