The recall effects Roland Fire Roasted Red Pepper Strips in a 5 pound, 8 ounce cans, item number 45628 lot numbers 427, 428, 432 and 437 and UPC numbers 10041224456287 for the cartons and 041224456280 for the individual cans.
Monday, April 4, 2016
Popular Consumer Food Product Recalled for Presence of Glass Fragments
Consumer products manufacturer Roland Foods, LLC has voluntarily issued a recall for its Roasted Red Pepper strips, available at many major supermarkets, for the possible presence of glass fragments inside the cans. Although no illnesses or injuries have been reported as of today, Roland Foods is taking this voluntary action to prevent any potential illnesses or injuries.
The recall effects Roland Fire Roasted Red Pepper Strips in a 5 pound, 8 ounce cans, item number 45628 lot numbers 427, 428, 432 and 437 and UPC numbers 10041224456287 for the cartons and 041224456280 for the individual cans.
The recall effects Roland Fire Roasted Red Pepper Strips in a 5 pound, 8 ounce cans, item number 45628 lot numbers 427, 428, 432 and 437 and UPC numbers 10041224456287 for the cartons and 041224456280 for the individual cans.
Thursday, December 24, 2015
6 Things You Can Do To Help Win Your Personal Injury Lawsuit: Part 6 - Social Media is Not Your Friend
Just in time for the holidays, we bring you the final installment of our 6 part series on how to increase your odds of a favorable result of your potential personal injury claim. This one focuses on the impact of social media. As we are all aware, social media such as Facebook, Twitter, LinkedIn, Instagram, etc. have become increasingly popular and are gaining more and more users each day. Social media users commonly post photos and other updates about what they are doing, what is going on in their life, and even pictures of food he or she is about to eat. Many can attest to how frequently these individuals are updating their social media accounts by how often people are seen glued to their cell phones and computers in public. While this can be fun and certainly can be a useful way to connect with people, it can have major consequences on any legal proceedings, including personal injury claims, you may have.
Any posts on social media are public posts, and can all too easily be discovered by people looking for information about you and your life. It is very important to carefully screen anything you post on social media. If you have a personal injury claim, you are up against attorneys and other individuals who are paid to investigate your life and the claims you are making, are paid to look for inconsistencies in your claims, and are paid to keep you from being fairly compensated. One of the first places these people look for inconsistencies and problems in your claim is social media. These individuals are familiar with most if not all different social media and know how to search for and find the information they are looking for, even information you might feel has been blocked or made private. Therefore, it is important to consider everything you post on social media as available for the entire world to see.
All too often people post updates, statuses and pictures on social media without thinking of what these posts, updates, or pictures say about themselves, their lives, or their situations. Particularly when there is a personal injury claim. Keep in mind, when you are making a claim for injuries you sustained in an incident, you are also claiming that these injuries have had an impact on your life, that includes your ability to perform your normal activities and chores. Pictures and updates of you playing sports, working out, running around or having fun are big indicators that the injuries you are claiming are not as severe as stated. These statements will certainly be used against you and are admissible in court.
The problems with posts on social media aren't limited to only posts about your activities. Many people use social media as an outlet to their frustrations or a place to lie or brag about conflicts and incidents in which they are involved. All too often social media users will post rants about a car accident or their work and speak out of emotion and ego. They will say things that aren't necessarily true, exaggerate facts, or bring up things that happened in the past that have nothing to do with the incident itself. Again, these statements can contain information that can and certainly will be used against you in your personal injury claim. If you have truly been injured in an incident due to someone else's negligence, the truth is enough. There is no need to exaggerate, lie, or make up anything about the incident. In fact, lies and exaggerations will more than likely hurt your claim.
A good rule to remember is this - don't post anything on social media you wouldn't be comfortable saying out loud in open court or in public. An even better rule is not to keep any social media posts to an extreme minimum until the conclusion of your case and not to post anything at all about the incident or your claim itself.
Any posts on social media are public posts, and can all too easily be discovered by people looking for information about you and your life. It is very important to carefully screen anything you post on social media. If you have a personal injury claim, you are up against attorneys and other individuals who are paid to investigate your life and the claims you are making, are paid to look for inconsistencies in your claims, and are paid to keep you from being fairly compensated. One of the first places these people look for inconsistencies and problems in your claim is social media. These individuals are familiar with most if not all different social media and know how to search for and find the information they are looking for, even information you might feel has been blocked or made private. Therefore, it is important to consider everything you post on social media as available for the entire world to see.
All too often people post updates, statuses and pictures on social media without thinking of what these posts, updates, or pictures say about themselves, their lives, or their situations. Particularly when there is a personal injury claim. Keep in mind, when you are making a claim for injuries you sustained in an incident, you are also claiming that these injuries have had an impact on your life, that includes your ability to perform your normal activities and chores. Pictures and updates of you playing sports, working out, running around or having fun are big indicators that the injuries you are claiming are not as severe as stated. These statements will certainly be used against you and are admissible in court.
The problems with posts on social media aren't limited to only posts about your activities. Many people use social media as an outlet to their frustrations or a place to lie or brag about conflicts and incidents in which they are involved. All too often social media users will post rants about a car accident or their work and speak out of emotion and ego. They will say things that aren't necessarily true, exaggerate facts, or bring up things that happened in the past that have nothing to do with the incident itself. Again, these statements can contain information that can and certainly will be used against you in your personal injury claim. If you have truly been injured in an incident due to someone else's negligence, the truth is enough. There is no need to exaggerate, lie, or make up anything about the incident. In fact, lies and exaggerations will more than likely hurt your claim.
A good rule to remember is this - don't post anything on social media you wouldn't be comfortable saying out loud in open court or in public. An even better rule is not to keep any social media posts to an extreme minimum until the conclusion of your case and not to post anything at all about the incident or your claim itself.
*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.
Thursday, December 3, 2015
6 Things You Can Do To Help Win Your Personal Injury Lawsuit: Part 5 - When To Listen To Your Doctor, and When Not To
During this blog series, we have discussed the importance of communicating with your physician about your injuries and symptoms. We've discussed the importance of listening to your doctor and following his or her instructions. But there are certain situations in which listening to your doctor may be harmful to your claim.
Doctors are highly trained and educated in the field of medicine, and they put their expertise to work in order to help heal their patients and ensure their patients are healthy. When a patient presents to a doctor with an injury, the doctor will likely prescribe a certain course of treatment. This can range anywhere from rest to exercises, from medication to surgery, and everything in between. When a doctor instructs you on a course of treatment, he or she is using his or her training, education and experience in deciding what course of treatment to prescribe. While it is important to listen and, in most cases, follow your doctor's instructions to the letter, it is also important to know that you can use your own common sense and experience when considering your doctor's instructions.
Open dialogue between a doctor and his or her patient will almost always result in a better understanding of the injury or illness and, therefore, a better decision on a course of treatment. If the instructions given by your doctor don't seem to make sense to you, or if you have questions about it, it is important to speak up. Ask your doctor questions. Ask your doctor why he or she believes the prescribed course of treatment will work. Ask your doctor if there are other options available and what the pro's and con's of each course of treatment are. Ultimately your doctor will give you instructions, but it is your responsibility to follow through with them.
In some situations, it may be advisable to disregard your doctor's instructions. Just like anyone else, each doctor may have different opinions on things, including treatment for injuries or illnesses. Some doctors may prefer a conservative, or "wait and see" course of treatment, some doctors may favor surgical intervention, and some doctors may prefer other forms of treatment. If, during your visit, the treatment your doctor is prescribing doesn't seem to make sense to you, you are well within your rights to seek a second opinion from another physician. You may also want to seek out a physician with a different specialty; maybe one that more specifically fits the symptoms you are exhibiting.
Remember, medical treatment is a two way street. Communication is key and don't be afraid to ask questions. As always, you may also seek the advice of an attorney.
Doctors are highly trained and educated in the field of medicine, and they put their expertise to work in order to help heal their patients and ensure their patients are healthy. When a patient presents to a doctor with an injury, the doctor will likely prescribe a certain course of treatment. This can range anywhere from rest to exercises, from medication to surgery, and everything in between. When a doctor instructs you on a course of treatment, he or she is using his or her training, education and experience in deciding what course of treatment to prescribe. While it is important to listen and, in most cases, follow your doctor's instructions to the letter, it is also important to know that you can use your own common sense and experience when considering your doctor's instructions.
Open dialogue between a doctor and his or her patient will almost always result in a better understanding of the injury or illness and, therefore, a better decision on a course of treatment. If the instructions given by your doctor don't seem to make sense to you, or if you have questions about it, it is important to speak up. Ask your doctor questions. Ask your doctor why he or she believes the prescribed course of treatment will work. Ask your doctor if there are other options available and what the pro's and con's of each course of treatment are. Ultimately your doctor will give you instructions, but it is your responsibility to follow through with them.
In some situations, it may be advisable to disregard your doctor's instructions. Just like anyone else, each doctor may have different opinions on things, including treatment for injuries or illnesses. Some doctors may prefer a conservative, or "wait and see" course of treatment, some doctors may favor surgical intervention, and some doctors may prefer other forms of treatment. If, during your visit, the treatment your doctor is prescribing doesn't seem to make sense to you, you are well within your rights to seek a second opinion from another physician. You may also want to seek out a physician with a different specialty; maybe one that more specifically fits the symptoms you are exhibiting.
Remember, medical treatment is a two way street. Communication is key and don't be afraid to ask questions. As always, you may also seek the advice of an attorney.
*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.
Thursday, October 15, 2015
6 Things You Can Do To Help Win Your Personal Injury Lawsuit - Part 4: Chiropractors
This entry will be focused on the involvement of
chiropractors in your medical treatment and how it relates to your personal
injury case. It is very common for people who suffer injuries to their neck or
back to seek treatment from a chiropractor after an incident. After all,
chiropractors work on the neck and back and are often times more affordable
than going to a hospital, M.D. or orthopedic physician. It is very important to
understand the role chiropractic treatment plays in building a personal injury
case and establishing injuries and damages.
The
final take home lesson is simply this: for purposes of improving your odds on
winning your personal injury case, if you are going to see a chiropractor to
treat your injuries, couple your chiropractor visits with routine follow up
visits to your primary care doctor or orthopedic surgeon. Remember, your
personal injury case begins immediately after the incident.
While
chiropractic medicine has certainly made some incredible advances in the last
several decades, it can be viewed skeptically by the judges, juries, and
insurance companies. Remember, these are ultimately the ones who will need to
be convinced in order to maximize the value of your case. Injured people will
oftentimes focus on what seems to be the cheapest, quickest fix for their
injuries, or rely on advice from friends or family and go visit a chiropractor.
This often times will cause a problem later on in the case when trying to prove
the extent of injuries and pain and suffering, as well as connecting the
injuries to the incident.
This is not
to say chiropractic medicine is without its merit, nor is it to say that one
should not visit a chiropractor to treat injuries involved in a personal injury
case. Chiropractors can very often be extremely helpful in providing relief for
injuries and any negative impacts on one’s personal injury case can be
mitigated simply by obtaining an order for chiropractic treatment from your
primary care physician, an orthopedic physician, or another medical doctor and
periodically following up with this doctor throughout your chiropractic
treatment.
*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.
Wednesday, September 23, 2015
6 Things You Can Do To Help Win Your Personal Injury Lawsuit - Part 3: Tell Your Doctor Everything
Part 3 of our 6 part series on how to prevent problems in your personal injury lawsuit follows part 2 nicely. When you visit your doctor for treatment, make sure you tell your doctor everything. A very important step in establishing your injury, in creating hard evidence to prove that you were in fact injured, comes from talking with your doctor.
When someone first sees a doctor on any visit, the doctor will more often than not take what is called a "history" from the patient. This basically means they are asking the patient why he/she came in, is the patient suffering from any problems (pains, illnesses, etc), and if so, when did they start and how did they come about. While the patient is giving his/her history, the physician is writing down what the patient is saying. It is very important that the patient gives a complete and accurate history to the physician. This is important for two reasons: 1. an accurate and complete history is necessary for the doctor to come to an accurate diagnosis and treatment plan (if the doctor doesn't know what is wrong, he can't very well treat it); and 2. this written history makes it onto the medical record, which will act as hard evidence of the injury later.
Every personal injury lawsuit will require the injured party to be able to prove that he/she is injured, and hard evidence in the form of medical records goes a long way to help. Certainly the injured party will testify, assuming he/she is able to, that he/she was injured and will talk about his/her injuries at trial. However, judges and juries will often look at plaintiffs skeptically.
Think about it this way: You are telling 12 people who don't know you that you were injured because of the Defendant and you should be compensated. Most members of the jury have likely heard a story or two about some plaintiff faking an injury, or have heard about frivolous lawsuits, or know someone who knows someone who won millions of dollars in a lawsuit. If the jury can't physically see the effects of your injuries, they will very likely think that you might be trying to get rich, or that you are faking the extent of your injuries. Even if this isn't true, as a plaintiff' it is your burden of proof; you must first prove all the elements of your case with a "preponderance of the evidence," including your injuries and the extent of the pain and suffering you suffered.
Medical records will help to support your testimony about your injuries. You testify that you suffered head injuries in a construction accident and were extremely dizzy and nauseous after the incident. When the jury views your medical records they will see what you told the doctor you were suffering from. If the history in your medical records says you were involved in a construction accident and were complaining of dizziness and nausea, then the jury will see that your story has been independently corroborated. If they see that the medical records only mention that you told the doctor you had a headache, they jury will think that the medical records contradict your story and your credibility will suffer.
So remember, tell your doctor everything. Tell your doctor about how your injury occurred, when it happened, and report to your doctor all of your symptoms, whether you think they are minor or not. Let the doctor figure out if your complaints are major or minor.
When someone first sees a doctor on any visit, the doctor will more often than not take what is called a "history" from the patient. This basically means they are asking the patient why he/she came in, is the patient suffering from any problems (pains, illnesses, etc), and if so, when did they start and how did they come about. While the patient is giving his/her history, the physician is writing down what the patient is saying. It is very important that the patient gives a complete and accurate history to the physician. This is important for two reasons: 1. an accurate and complete history is necessary for the doctor to come to an accurate diagnosis and treatment plan (if the doctor doesn't know what is wrong, he can't very well treat it); and 2. this written history makes it onto the medical record, which will act as hard evidence of the injury later.
Every personal injury lawsuit will require the injured party to be able to prove that he/she is injured, and hard evidence in the form of medical records goes a long way to help. Certainly the injured party will testify, assuming he/she is able to, that he/she was injured and will talk about his/her injuries at trial. However, judges and juries will often look at plaintiffs skeptically.
Think about it this way: You are telling 12 people who don't know you that you were injured because of the Defendant and you should be compensated. Most members of the jury have likely heard a story or two about some plaintiff faking an injury, or have heard about frivolous lawsuits, or know someone who knows someone who won millions of dollars in a lawsuit. If the jury can't physically see the effects of your injuries, they will very likely think that you might be trying to get rich, or that you are faking the extent of your injuries. Even if this isn't true, as a plaintiff' it is your burden of proof; you must first prove all the elements of your case with a "preponderance of the evidence," including your injuries and the extent of the pain and suffering you suffered.
Medical records will help to support your testimony about your injuries. You testify that you suffered head injuries in a construction accident and were extremely dizzy and nauseous after the incident. When the jury views your medical records they will see what you told the doctor you were suffering from. If the history in your medical records says you were involved in a construction accident and were complaining of dizziness and nausea, then the jury will see that your story has been independently corroborated. If they see that the medical records only mention that you told the doctor you had a headache, they jury will think that the medical records contradict your story and your credibility will suffer.
So remember, tell your doctor everything. Tell your doctor about how your injury occurred, when it happened, and report to your doctor all of your symptoms, whether you think they are minor or not. Let the doctor figure out if your complaints are major or minor.
*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.
Thursday, June 11, 2015
6 Things You Can Do To Help Win Your Personal Injury Lawsuit - Part 2: Don't Wait to See A Doctor
When you are involved in a personal injury claim or lawsuit, you will be judged by the "reasonable person" standard. This standard can be very hard to meet, because it is often subjective (based upon who is applying the standard to you) and because most people believe they always behave as reasonable people do. However, one of the easiest ways to "act like a reasonable person" when you are injured is to seek medical treatment and seek it without delay.
Keep in mind that, while there are many many reasons to go to a doctor when you are hurt, this article will only discuss the legal perspectives on seeking medical treatment.
Defense attorneys and insurance companies, two groups that you will very likely be fighting against while pursuing your personal injury claim, will examine your actions leading up to and after the incident for evidence of your injuries. They will be trying to find a way to either avoid paying out on your claim. A very common technique is to establish that you were not, in fact, injured (or at least not hurt as severely as you claim) because you did not seek medical attention or waited too long before you sought medical treatment.
It is an argument that is made in almost every personal injury claim or lawsuit: "If (the injured person) was actually hurt, or was hurt as bad as he/she claims, why didn't he/she go to the doctor immediately?" or "why did he/she wait so long before following up with a doctor, or receiving further treatment?" Now there certainly may be many reasons why you didn't go to a doctor or hospital immediately: scheduling difficulties, financial concerns, not wanting to go to a doctor unless it is absolutely necessary. While these reasons may seem perfectly reasonable to you, they may not seem perfectly reasonable to a judge or jury.
If you think you may have been injured due to the fault of another, and you are not sure if you should go to a physician, remember this: "when a reasonable person is injured, a reasonable person gets medical treatment as soon as possible, and continues to get treatment until they are healed." This is the standard you will be held to by the judge, the jury, the defense attorneys and the insurance companies, so remember it and make your life a little easier.
Keep in mind that, while there are many many reasons to go to a doctor when you are hurt, this article will only discuss the legal perspectives on seeking medical treatment.
Defense attorneys and insurance companies, two groups that you will very likely be fighting against while pursuing your personal injury claim, will examine your actions leading up to and after the incident for evidence of your injuries. They will be trying to find a way to either avoid paying out on your claim. A very common technique is to establish that you were not, in fact, injured (or at least not hurt as severely as you claim) because you did not seek medical attention or waited too long before you sought medical treatment.
It is an argument that is made in almost every personal injury claim or lawsuit: "If (the injured person) was actually hurt, or was hurt as bad as he/she claims, why didn't he/she go to the doctor immediately?" or "why did he/she wait so long before following up with a doctor, or receiving further treatment?" Now there certainly may be many reasons why you didn't go to a doctor or hospital immediately: scheduling difficulties, financial concerns, not wanting to go to a doctor unless it is absolutely necessary. While these reasons may seem perfectly reasonable to you, they may not seem perfectly reasonable to a judge or jury.
If you think you may have been injured due to the fault of another, and you are not sure if you should go to a physician, remember this: "when a reasonable person is injured, a reasonable person gets medical treatment as soon as possible, and continues to get treatment until they are healed." This is the standard you will be held to by the judge, the jury, the defense attorneys and the insurance companies, so remember it and make your life a little easier.
*This is attorney advertising, and is not intended to be taken as legal advice, nor is it intended to create an attorney-client relationship. Any advice given in the preceding statement is given as general advice and is not intended to be relied upon as legal advice for any specific scenarios. For specific advice, or for answers to your questions, call Eckert & Smestad (312-789-4810) or call a qualified attorney licensed in your jurisdiction.
Thursday, May 28, 2015
6 Things You Can Do To Help Win Your Personal Injury Lawsuit - Part 1: Talk to Your Attorney
Recently I was contacted by a client who asked if there was anything he could do, or anything he should do, to increase the odds of getting a favorable outcome from his personal injury lawsuit. That got me thinking about some common advice that we often give to our clients when contacted about personal injury claims. Besides the obvious (find a good attorney), there are 6 things you can do to help shorten the time it takes to resolve your case, increase the value of your case, and increase the odds of a favorable outcome. This post will focus on the first: Talk to your attorney.
This may seem obvious, but the first piece of advice is to talk to your attorney. All too often clients hire an attorney and then wait for their attorney to contact them, forget to keep their attorney apprised of updates in their case, or are afraid to ask their attorney questions. This can cause a litany of problems with your case.
Remember your attorney works for you. His/her job is to protect your rights and fight for you, and it is important to remember that your attorney is on your side. Your attorney has an extensive education, training and experience to draw from to give you advice on your case and answer your questions. This is an invaluable resource, and one that you are entitled to once you have hired an attorney. Ask as many questions as you can about your case, what you should and should not be doing and whether there are any issues with your case. Let your attorney know if there any changes or updates in your condition or any issues relating to your case; for example, if your medical condition changes, you visit a new doctor, you are discharged from medical care, etc. Remember your attorney only knows what you tell him or her; if you don't keep your attorney up to date, he/she can't give you the legal representation you deserve.
Just as often there are attorneys who neglect to keep in touch with their clients after they are hired and fail to keep lines of communication open. It is recommended that clients make regular calls to your attorney, even if your attorney doesn't make regular calls to you. Again, your attorney works for you. Your lawyer might have dozens, or even hundreds of other cases besides yours, but your case is your only case, and it deserves to be treated as such.
If you have further questions or concerns about your case, or a potential case, please call a licensed attorney, or contact Eckert & Smestad, LLC: www.eckertsmestad.com.
*This is attorney advertising. No attorney-client agreement or related privileges are created without further written agreement by all parties. The above is meant only as general advice. Consult a licensed attorney for advice on your specific case.
This may seem obvious, but the first piece of advice is to talk to your attorney. All too often clients hire an attorney and then wait for their attorney to contact them, forget to keep their attorney apprised of updates in their case, or are afraid to ask their attorney questions. This can cause a litany of problems with your case.
Remember your attorney works for you. His/her job is to protect your rights and fight for you, and it is important to remember that your attorney is on your side. Your attorney has an extensive education, training and experience to draw from to give you advice on your case and answer your questions. This is an invaluable resource, and one that you are entitled to once you have hired an attorney. Ask as many questions as you can about your case, what you should and should not be doing and whether there are any issues with your case. Let your attorney know if there any changes or updates in your condition or any issues relating to your case; for example, if your medical condition changes, you visit a new doctor, you are discharged from medical care, etc. Remember your attorney only knows what you tell him or her; if you don't keep your attorney up to date, he/she can't give you the legal representation you deserve.
Just as often there are attorneys who neglect to keep in touch with their clients after they are hired and fail to keep lines of communication open. It is recommended that clients make regular calls to your attorney, even if your attorney doesn't make regular calls to you. Again, your attorney works for you. Your lawyer might have dozens, or even hundreds of other cases besides yours, but your case is your only case, and it deserves to be treated as such.
If you have further questions or concerns about your case, or a potential case, please call a licensed attorney, or contact Eckert & Smestad, LLC: www.eckertsmestad.com.
*This is attorney advertising. No attorney-client agreement or related privileges are created without further written agreement by all parties. The above is meant only as general advice. Consult a licensed attorney for advice on your specific case.
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