Articles Posted in Compensation

The number of drivers involved in fatal crashes in Colorado who tested positive for marijuana has more than doubled since 2013, federal and state data show. These trends coincide with the legalization of recreational marijuana in that state that began with adult use in late 2012, followed by sales in 2014. Coroners in the Denver area have been finding increasingly potent levels of marijuana in positive-testing drivers who die in crashes. Nearly a dozen in 2016 had levels five times the amount allowed by law and one that was at 22 times the limit. These levels were not as elevated in the years prior to Colorado’s legalization of recreational marijuana. In response, police, victims’ families, and safety advocates say the numbers of drivers testing positive for marijuana use are rising too quickly to ignore and highlight the potential dangers of mixing marijuana with driving. “We went from zero to 100, and we’ve been chasing it ever since,” Greenwood Village Police Chief John Jackson said of the state’s implementation of legalized marijuana. “Nobody understands it and people are dying. That’s a huge public safety problem.”

The 2013-2016 period saw a 40 percent increase in the number of all drivers involved in fatal crashes in Colorado, from 627 to 880, according to the NHTSA data. Those who tested positive for alcohol in fatal crashes from 2013 to 2015 – figures for 2016 were not available – grew 17 percent, from 129 to 151.The 2013-16 period saw a 40 percent increase in the number of all drivers involved in fatal crashes in Colorado, from 627 to 880, according to the NHTSA data. Those who tested positive for alcohol in fatal crashes from 2013 to 2015 – figures for 2016 were not available – grew 17 percent, from 129 to 151.

While recreational marijuana is not legal in Georgia, medical marijuana is, and there is evidence that the state is not immune from the negative effects of the drug that Colorado has faced. In fact, police estimate that the number of people being arrested for driving while high on drugs is up 20 percent in Georgia in the past five years. Despite this, Governor Nathan Deal signed a measure into law earlier this year that expands the list of conditions eligible for medical marijuana to include AIDS, Alzheimer’s disease, autism, epidermolysis bullosa, peripheral neuropathy and Tourette’s syndrome. Although marijuana provides numerous medical benefits to patients suffering from a variety of conditions, it is still a mind-altering substance, and eligible patients should not drive while using it. Driving while under the influence of marijuana is treated as a DUI, and anyone doing so will face the normal consequences that DUIs entail, including criminal prosecution and civil personal injury and wrongful death suits.

A jury in St. Louis, Missouri recently awarded a Virginia woman $110.5 million in damages after she alleged that their talcum powder products caused her ovarian cancer. Lois Slemp, a Virginia resident, claimed to have used Johnson & Johnson’s Shower-to-Shower and Baby Powder products over a period of four decades. The damages included $5.4 million in actual damages and $105 million in punitive damages. This follows jury verdicts of $72 million, $55 million, and $70 million  against Johnson & Johnson in 2016.

Does Talcum Powder Cause Cancer?

There is debate in the medical industry as to whether here is a link between talc, the main ingredient in talcum powder, and various forms of cancer. Talc is a mineral that is mined from deposits around the world, which is then crushed into a white powder for use in cosmetics and other personal care products to absorb moisture. It is also used in a variety of other products, including paint and plastics. In its natural form, talc contains asbestos, a substance that is known to cause cancer in and around the lungs when inhaled. However, all talcum products sold for home use in the United States have been asbestos-free since the 1970s. Most of the concerns about a link between talcum powder and cancer have been focused in two areas:

If you are injured in an accident and prevail in a personal injury suit, you will be compensated in the form of monetary damages.The purpose of damages in a personal injury case is to compensate the victim so that they are in the same position they would be in had the accident never occurred. Thus, damage awards are compensatory—the plaintiff receives one the amount that will make him or her whole again.Because compensatory damages are awarded on a sliding scale relative to the plaintiff’s needs, damage awards can reach into the millions of dollars. In order to cut down on damage awards that many view as excessive, many state legislatures have enacted caps on the amount of damages that juries are able to award.

How Damages Caps Work

The main argument behind damage caps is that the United States is an excessively litigious society and that too many view personal injury lawsuits as a get-rich-quick scheme. Damage caps are thus designed to discourage lawsuit-happy litigants from filing frivolous lawsuits and clogging up the court system. The main argument against damage caps is that they unfairly limit the recourse available to injured parties and that judges already have the power to either decrease or increase unreasonable damages awards. The way damages caps work is fairly simple—they are a creature of state statute, wherein the state legislature places what they consider to be a reasonable limit on the amount of money a jury can award. Some states limit damages based on the type of action that is brought in the court—for example, the damages cap may only apply to medical malpractice or wrongful death. Other times they apply to certain categories of damages, most commonly to noneconomic damages, such as pain and suffering, and punitive damages.

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