Hit by a Drunk Driver

Getting A Personal Injury Case Together After A Bar Fight

Posted by on 6-06-16 in Uncategorized | Comments Off on Getting A Personal Injury Case Together After A Bar Fight

Being in the middle of a bar fight can be a scary experience. If you find yourself caught in the crossfire and hurt during a bar fight, you need to immediately go to get your injuries taken care of. During bar fights, glass items such as beer bottles and wood furniture are typically thrown or used as a weapon. Since there is a risk of glass or wood also being in any wounds, you need to get checked out by a health care professional as soon as possible. After you receive medical attention, you may need to file a personal injury case to recoup your costs. Here is how to start.  Take pictures and retrieve medical bill costs Most hospitals will be able to provide you with the cost of your current medical bills and a projection of future care that you will need. Depending on how hurt you are, you may need additional scans or medical procedures. Along with the costs, have pictures taken of your injury and let the medical staff know just how you got the injuries. This way they can provide detailed information of what likely happened to corroborate your claims in court.  Make a police report After a bar fight, there is likely to be several people making incident reports. You should make an incident report to the police about what happened and what injuries you sustained. You should also get a copy of the incident report for your personal usage. You want to take this to a meeting with your lawyer and you will need this in court. Be sure that the report is detailed and specific, including all of your injuries and pains.  Find the history of the bar Some bars are known to be quiet and orderly. Other bars are known to be rowdy and attract a crowd that can get physical. Most bars are required to provide a reasonable amount of security for safety purposes. Hire a personal injury lawyer and have them look up the history of the bar. If the bar is known to have incidents occur, they can be held liable in a civil suit. Ask for video footage in the event that the person who started the fight and the person who caused your injuries was caught on camera. Having detailed information about the incident and of the history of the bar can help you to win your personal injury case in...

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Introduction To Medical Malpractice Lawsuits

Posted by on 5-05-16 in Uncategorized | Comments Off on Introduction To Medical Malpractice Lawsuits

If you were injured due to medical malpractice, then a lawsuit might be your best course of action. However, planning out and executing a lawsuit is no small feat, so you want to do all your research before you proceed. To help you get a better idea of what a lawsuit will be like, here are some of the most important facets to consider:    How can medical malpractice lead to a personal injury lawsuit? Medical malpractice can be quite a bit harder to prove than other types of personal injuries since you will need to meet an extremely specific bar: the standard of care. You will need to prove that your healthcare provider violated the standard of care, and you will further need to prove that their violation directly led to your injury. The standard of care is a somewhat abstract concept since it really refers to how the average healthcare provider would treat a patient like you in the area that you were treated. In other words, did you provider act the way that they should have? Proving this will normally involve expert testimony from another healthcare provider with a similar role. They will testify how they would respond to a situation like yours and contrast that with how the provider did respond and how that led to your injury. This may result in you paying extra fees for the services of an expert witness, but it can be worth it if it ends up winning your case. What is the statute of limitations for a personal injury lawsuit? The statute of limitations is normally a pretty clear concept, giving you a certain number of years to file a lawsuit after an injury. However, medical malpractice can often result in injuries that don’t appear for several years after. Furthermore, some cases involve providers fraudulently misleading their patients about the state of their health to cover up wrongdoing, which can delay discovery even more. To handle this, many states will allow you to file relative to the initial date of the injury or relative to the date of discovery if there was no reasonable way for you to discover your injuries before then. Some states are fairly strict, though, banning all lawsuits after a certain number of years have passed. This can help protect providers from some frivolous lawsuits, but it can also prevent you from getting the compensation that you deserve. For further assistance, contact local professionals, such as those from R.J. Marzella & Associates,...

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Injured On The Job As A Franchise Employee? What Could A Pennsylvania Supreme Court Ruling Mean For Your Case?

Posted by on 5-05-16 in Uncategorized | Comments Off on Injured On The Job As A Franchise Employee? What Could A Pennsylvania Supreme Court Ruling Mean For Your Case?

If you’re an employee of a national franchise located in Pennsylvania and were recently injured on the job, you may be negotiating with your employer about your potential return to work and any workers’ compensation benefits you’ll be receiving in the interim. Depending upon the circumstances of your injury and the level of cooperation you receive from your employer’s workers’ comp insurer, you may find yourself debating filing a lawsuit to force the payment of certain benefits. Read on to learn more about how an upcoming ruling from the Pennsylvania Supreme Court could affect your workers’ compensation rights as a franchise employee and how you’ll want to proceed on a potential claim. Why are franchise employees treated differently for workers’ compensation purposes?  The case currently before the Pennsylvania Supreme Court involves a franchise owner who failed to purchase workers’ compensation coverage for franchise employees. Due to this lapse, an employee who had been injured on the job was required to request compensation from the state general fund rather than a private insurer. The state fund requested that the state’s highest court hear this case to determine whether the franchise’s parent company should have been required to carry workers’ compensation insurance on all franchise employees (or require this as a condition of the franchise license). Under Pennsylvania’s current law, franchise parent companies are not required to carry workers’ compensation insurance on employees of a franchise. Because local franchises are incorporated under their own business names, franchise employees aren’t generally (or legally) considered employees of the parent company, but instead the smaller franchise business. If this franchise owner doesn’t carry workers’ compensation insurance, you could find yourself making your own claim from the state general fund. How could the outcome of this case affect your own workers’ compensation claim?  If the Pennsylvania Supreme Court determines that a franchise’s parent company is responsible for workers’ compensation coverage for all franchise employees, it’s unlikely your own franchise’s parent company will suddenly bear responsibility for your workers’ compensation claim. However, this could affect your ability to file a lawsuit against the franchise owner for failure to maintain workers’ compensation coverage on employees (including yourself) — as this coverage may no longer be required from the franchise owner, only the parent company. On the other hand, if the Pennsylvania Supreme Court decides that a franchising company is not responsible for injuries of workers employed by its franchisees, you may still be able to maintain a lawsuit against your employer for failure to obtain workers’ compensation insurance. You’ll also likely be reimbursed for medical expenses and lost wages from the state’s general fund in the interim, eventually paying back these funds from a judgment if your lawsuit is successful. Contact workers compensation lawyers for more information....

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Putting An End To Fraudulent Workers’ Compensation Claims: 2 Tips For Your Business

Posted by on 4-04-16 in Uncategorized | Comments Off on Putting An End To Fraudulent Workers’ Compensation Claims: 2 Tips For Your Business

Carrying adequate workers’ compensation insurance is essential for business owners today. If an employee gets injured while working, your company could be held legally responsible for the damages. Unfortunately, there are some workers out there who lack moral fortitude and will try to take advantage of the workers’ compensation claim system. The National Insurance Crime Bureau estimates that 25% of all workers’ compensation claims contain an element of fraud, costing employers a significant amount of money each year. Here are two tips you can use to help put an end to fraudulent insurance claims from your workforce in the future. 1. Create a transitional work program that will allow injured employees to return to work as quickly as possible. Many unscrupulous employees see the workers’ compensation program as a way to receive payment for staying home from work. This could cause an employee who has actually received an injury to exaggerate the severity of the injury in order to extend his or her paid time off. Creating a program that allows injured workers to return to work as quickly as possible can help you weed out fraudulent claimants hoping for a free ride. While an injured employee might not be able to return to his or her original job, having the employee work in the office or answer telephones can be a great way to avoid aggravating an injury while still receiving labor for the wage you are providing. 2. Thoroughly screen new hires for any evidence of previous fraud. When you need to hire new employees quickly in order to maintain production levels, it can be tempting to overlook conducting a thorough background check on each applicant. By taking the time to contact former employers and contract with a personal investigation firm that does personal and professional background checks before extending a job offer, you will be able to spot candidates that might have a history of job hopping or previous fraudulent claims. When you avoid hiring employees who are predisposed to fraud, you can reduce the amount you pay out in workers’ compensation claims each year. Modify your hiring procedure to ensure that thorough screening of every applicant takes place, regardless of time constraints. While workers’ compensation insurance plays a vital role in helping to protect employees from the negative financial effects of a workplace injury, it’s important that your company takes the necessary steps to help protect itself from the negative financial effects of fraudulent workers’ compensation claims. Contact a law firm like Zavodnick, Perlmutter & Boccia LLC for more...

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Colorado Dog Bite Lawsuit: What You Need To Know

Posted by on 4-04-16 in Uncategorized | Comments Off on Colorado Dog Bite Lawsuit: What You Need To Know

Dog bites can cause plenty of suffering. Not only will you have to deal with the pain of the bite, but you may also have some pretty large medical bills as well. On top of that, you may be unable to work until the bite heals, which can lead to even more serious financial difficulties. Fortunately, there is a solution: file a dog bite lawsuit. Dog bite lawsuits don’t work in every situation, but they can get you the money that you deserve. That being said, these lawsuits can vary quite a bit from state to state. It is of the utmost importance that you understand the gist of your state’s laws before proceeding with a lawsuit, so here are some of the most important concepts that you will need to understand when it comes to filing a dog bite lawsuit in Colorado: What are the requirements for winning a dog bite lawsuit? When it comes to dog bites, Colorado takes a more nuanced approach than some other states. There are a variety of factors that will be taken into account, including the severity of your injury. If you were seriously injured, then you will be dealing with strict liability. If you were not seriously injured, then you will instead be dealing with negligence. Strict Liability – In this case, the owner is liable regardless of prior knowledge. Even if they had no reason to ever believe that their dog could act aggressively, they will be held liable for the bite. This means that serious injuries will almost always be granted compensation. Negligence – On the other hand, less serious injuries will force you to prove that the defendant somehow acted negligently. If they knew that their dog was a threat or if they didn’t control their dog properly, then they can be held liable. However, if the dog bit you despite the best efforts of the owner and had never bitten anyone before, then you may lose your case. What if you were trespassing or aggravated the dog? Unfortunately, your case is pretty much dead if you fall into either of those two categories. If you were not on public property or legally on private property, then the owner cannot be held liable for any dog bites that were sustained. Similarly, if you acted in a way that clearly provoked the dog, then the owner will not be held liable. This is a rather subjective matter, so it will be up to the court to determine whether or not your actions were actually provocative enough to actually lead to a bite. For more information, contact someone like Starnes  Rob P. LLC, Attorney At...

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4 Things You Should Do Before Leaving The Scene Of A Car Accident

Posted by on 3-03-16 in Uncategorized | Comments Off on 4 Things You Should Do Before Leaving The Scene Of A Car Accident

If you are injured in a car accident, you may be unsure of what to do before you leave the scene of the accident. Mistakes made at the scene of an accident can lower your ability to receive compensation for your injuries.  Here are a few measures you should take before you leave the scene of a car accident: Take pictures. Before the cars are moved, be sure to take pictures of the scene of the accident. The positioning of the cars may be important in determining who is at fault in the incident. In addition, the photographs can record the weather conditions, which may also affect the assignment of fault. If there are details that can be displayed in a picture, such as skid marks on the road, it is best to take photographs of them. You should also be sure to photograph the damages sustained by the vehicles involved. Sometimes, without a visual representation of the physical damage, they can seem more or less serious than they actually are. Get names and phone numbers. If there were people present who witnessed the accident, it is best to record their names and phone numbers. Their statements can help provide unbiased records of the event. This can be important if the insurance company of the party at fault tries to assign fault to you. Call law enforcement. You should always call the police when an accident occurs. He or she is able to make an official report of the accident. The report will include important information, such as the names and addresses of the drivers involved. In addition, the license plates of the vehicles are present in the report. The police officer also records what transpired during the incident. He or she may even take photographs. However, it is still best to maintain your own separate records. If you are injured, ask for medical help. If you are injured during an accident, it is best to request medical help. Emergency medical personnel can be called to the scene to treat your injuries. If your injuries are serious, you may be transported to a local hospital for treatment. Delaying treatment or failing to ask for medical care at the scene of an accident may cause the other parties involved to question the validity of your injuries. If too much time transpires between the accident and the seeking of medical treatment, the responsible insurance company may assume that your injuries were not associated with the car accident. If you have been involved in an accident, schedule a consultation with a personal injury attorney in your area. He or she can help you receive the highest accident...

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Three Things A Motorcycle Accident Lawyer Can Do If You’Ve Suffered Personal Injury

Posted by on 3-03-16 in Uncategorized | Comments Off on Three Things A Motorcycle Accident Lawyer Can Do If You’Ve Suffered Personal Injury

Motorcycle drivers can get a bad rap. When motorcyclists are injured in accidents that aren’t their fault, they might need additional representation in order to fight for appropriate personal injury coverage. If you have been in a motorcycle accident and are worried that you aren’t being covered correctly by the other party’s insurance, it might be time to seek out a lawyer that specializes in these types of accidents. Here are three things a motorcycle accident lawyer can do for your case that an insurance company might not. 1. Getting a Fair Settlement Payout From Insurance While insurance will cover basic needs and repairs, sometimes the scope of one’s personal injury goes beyond what insurance would like to cover. Motorcycle accidents sometimes can fall outside of the scope of normal accidents and might involve substantial injuries as well as emotional trauma. If you have missed work or suffered other indirect damages, all of these things should also be compensated for. Your attorney can work to ensure that your personal injury claim covers more than just vehicle and medical compensation. 2. Help Dispel the Misperception That You Were at Fault Insurance companies might try to lowball you with offers under the caveat that riding a motorcycle is dangerous to begin with. If you were not at fault in an accident and another party’s insurance company is dragging their feet, a motorcycle accident attorney can help. They can put an end to any possible efforts by an insurance company to take advantage of the situation if you when you had no wrongdoing. 3. Attorneys Can Collect Additional Evidence Vehicle-related accidents can involve police reports, witnesses, and independent investigations. this doesn’t necessarily mean that all of this evidence will be fully researched by insurance companies that will be expected to pay out in full to the injured party. An attorney specializing in motorcycle accidents can help review all of evidence and will know what will help your case. They can ensure that anything that strengthens your personal injury claim will be brought to the table in settlement hearings or in court. Finding a motorcycle accident attorney that can help reach fair settlement will ensure proper recovery upfront and protect you from residual damages down the line from a faulty insurance settlement. Bring in a lawyer that will be on your side and understands that motorcycle drivers can be victims too. If you are still running into roadblocks with insurance payouts, you can be prepared to take your claim to court with the support of a lawyer like those at Scherline And...

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3 Things You Need to Know About Medical Malpractice Cases

Posted by on 2-02-16 in Uncategorized | Comments Off on 3 Things You Need to Know About Medical Malpractice Cases

You put your trust in a doctor to deliver the care you need. You depend on them to make the right decisions and diagnose your problems properly. Unfortunately, things don’t always go as planned and you end up being the victim of medical malpractice. These cases can often be quite confusing and complex. If you were the victim of medical malpractice and are putting together a case, here are a few things you need to know and understand. Having accurate records is crucial. One of the main things you need to do is to keep accurate records about anything that your doctor might have told you. If there are any problems or side effects that you recently experienced, you need to write all of those down in your journal. If you lost money due to the medical mistake that was made, you will need to document this as well. If you are also looking to pursue damages for pain and suffering, you will need to keep a journal of that also. The more information you can write down, the better it is going to be for your case in the end. Get more than one opinion. Medicine isn’t exactly the most cut and dry subject. Because of this, you might want to look into getting another opinion on your case. Having another doctor let you know whether the other doctor behaved in the proper manner can go a long way in substantiating your claim of medical malpractice. When multiple doctors are in agreement that the other doctor didn’t do what they should have, your case grows stronger and stronger. Misdiagnosing your condition is a type of medical malpractice. If a doctor misdiagnosed your condition in the first place, you could end up going after the doctor for medical malpractice. How can a second provider make an informed and accurate decision about how to handle the treatment when the first doctor didn’t get the diagnosis right? Oftentimes, that misdiagnosis ends up hurting you and causing you more problems. When that happens, you can often fight for compensation in your case. Medical malpractice is definitely something that needs to be addressed. You don’t want a doctor being able to get away with not doing their job properly. Someone else could end up getting hurt along the way as well, thus making more and more people the next victims of that same doctor. For more information about medical malpractice suits, consider looking into the websites of local attorneys, such...

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If You Get Rear-Ended In A Car Accident, Can It Be Your Fault?

Posted by on 2-02-16 in Uncategorized | Comments Off on If You Get Rear-Ended In A Car Accident, Can It Be Your Fault?

It’s commonly believed that when one car rear-ends another vehicle during a car accident, the vehicle that did the rear-ending is automatically at fault. Knowing the truth about how rear-end collisions work can help you sort out fault and determine who is able to collect damages in a rear-end collision. If you get rear-ended in a car accident, can it be your fault? Typically the person who does the rear-ending is considered responsible for the accident, because people on the road have a responsibility to drive far enough away from other drivers that they would not hit anyone if traffic comes to a sudden stop. However, there are circumstances under which a vehicle that was rear-ended would be at least partially at fault for the accident. How can you tell if the vehicle that was rear-ended was at fault? Drivers on the road have an obligation to perform in a specific manner and adhere to a specific standard of safety. Drivers who fail to meet those standards may be partially at fault if an accident results. For example: Driver X becomes distracted, misses a turn and subsequently slams on their brakes in attempt to accomplish the turn anyway. When this happens, Driver Y hits Driver X’s rear bumper. Driver X could be considered to be at least partially at fault for the resulting collision. Driver X is considered only partially at fault for the resulting collision because Driver Y still had an obligation to drive far enough behind the Driver X that when Driver X slammed on the brakes, Driver Y would have been able to avoid an accident. If you get rear-ended and you are partially at fault for the accident, can you collect damages? The collection of damages for rear-end collisions like the one described above varies by state. In some states, if Driver X is responsible for even a small portion of the accident, then Driver X cannot collect damages against Driver Y. In other states, if it is determined that Driver X is partially responsible for the accident, it could impede Driver X’s ability to collect full damages against Driver Y, but Driver X may still collect some amount of money. To find out your state’s specific laws about collecting damages for rear-end collisions and who may be at fault in an accident that you were recently involved in, contact a reputable personal injury attorney like http://www.danielgoodmanlaw.com in your area today. He or she will be able to help you determine what damages you can hope to...

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When Should You Hire A Personal Injury Attorney?

Posted by on 1-01-16 in Uncategorized | Comments Off on When Should You Hire A Personal Injury Attorney?

You don’t always need a lawyer to represent you during a personal injury case. However, there are several situations in which you could benefit from hiring a personal injury attorney (such as one from Fitzsimmons & Vervaecke Law Firm). Learn more about the type of personal injury claims where the plaintiff could benefit from hiring an attorney.  Long-Term or Permanent Damage Unfortunately, accidents do happen that affect a person physically or alter their appearance for an extended amount of time or even permanently. When an accident results in long-term or permanent damage, it can be hard to place a monetary value on the damages, so it may be in your best interest to hire a personal injury attorney to help you with your case. This way, you don’t get talked into accepting a lower settlement than you deserve. Severe Injury Typically, the amount of a settlement for a personal injury case is determined by the severity of your injuries. This is normally determined by reviewing the type of injuries you have, your medical bills, and the amount of time it takes you to recover from your injuries. If you were severely injured in an accident, you could be eligible for a fairly large settlement. So, you should talk to an experienced personal injury attorney before accepting a settlement offer to make sure you receive as much compensation as possible. If an Insurance Company Denies Your Claim It’s common for people to assume that if an insurance company denies their claim, they aren’t eligible for compensation. However, that’s simply not true. You should have a personal injury attorney review your case. Typically, you don’t have to pay attorney fees unless your attorney recovers money from your settlement and because the insurance company has refused your claim, any amount of money that your attorney recovers — minus his or her fees — is better than nothing at all. Medical Malpractice Claims If unprofessional, incompetent, or careless behavior from a healthcare worker resulted in you becoming sick or injured, you have the right to file a medical malpractice claim. Unfortunately, because the legal rules involved and the medical questions that may arise could be extremely complex, it could be in your best interest to hire a personal injury attorney to represent you. Personal injury lawsuits can be complicated. Often, you have to negotiate a fair settlement with an insurance company that wants to pay you the lowest amount possible. If you are unsure of how you should proceed, regardless of the nature of your personal injury claim, you should consider contacting an experienced personal injury attorney for...

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