Hit by a Drunk Driver

4 Tips For Negotiating Pain And Suffering After An Auto Accident

Posted by on 11-11-15 in Uncategorized | Comments Off on 4 Tips For Negotiating Pain And Suffering After An Auto Accident

One of the more difficult things to get reimbursed for after a car accident is pain and suffering. While hard costs, like vehicle damage, medical costs, and lost income, are easy to document, pain and suffering can seem more amorphous. The following tips, along with the help of an auto accident attorney, can help you create a case so you get what you deserve for the trials you faced. Tip #1: Collect Documentation Although it is more difficult to document pain and suffering, it isn’t impossible. Begin with creating a pain and recovery journal. Write in this journal daily, documenting pain levels for the day, time spent on recovery-based therapies (either at home or travel to appointments), and any special challenges you faced. If you must miss important events, keep a copy of the invitations or programs. Tip #2: Draw a Line and Get Personal Your life likely falls into two main categories now – before the accident and after the accident. You will need to be fully open about the affects the “after” has had on your personal life. Has it affected your intimate relationship with your spouse or significant other? Does it prevent you from engaging in activities that made up the bulk of your free time previously? Pain and suffering is best illustrated by showing the court what you have lost, or what you are having to fight to regain. This isn’t the time to be shy. Tip #3: Put a Price on Your Time Suffering isn’t just measured in pain, but in lost time. Everything you are putting into your recovery is time you are losing that you can never get back. This is one reason why you need to document the time spent visiting doctors, therapists, and performing therapies at home. This is time you could have otherwise spent connecting with loved ones or participating in a previously enjoyed activity. Don’t minimize the importance of your time – make sure you document the way you now have to spend it. Tip #4: Make Your Needs Clear The simplest way to make your needs clear to the court or insurance adjuster is through your lawyer. They can help you give an appropriate voice to your pain and suffering. This is an emotional topic, which means it can be too easy to fall into negative behaviors, such as accusations and raised voices, that could hurt your case. A lawyer can help you control your emotions while still conveying the severity of your loss and pain. Contact a local auto accident attorney for more help. To learn more, contact someone like Gelman Gelman Wiskow & McCarthy...

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Parenting Plans Are a Necessity in Divorce

Posted by on 11-11-15 in Uncategorized | Comments Off on Parenting Plans Are a Necessity in Divorce

When you are going through divorce, it is extremely emotional and financially taxing. However, it becomes more difficult when there are children involved. If you are preparing to go through a custody battle, it is important to know how to create a parenting plan prior to going into mediation. There are software programs available to help with the plan creation, but you can also formulate a plan with your lawyer. Why Is It Important? Parenting plans are your way to get your opinions, preferences, and thoughts regarding your children into an organized format. Without this plan, you will be required to think on the fly and possibly regret a decision later. Creating a plan will take time, but the time and effort will help give you a plan that works for both parents and is effective for the children. Mediation is only necessary if the parents have extremely different views on the parenting plan. What Is in a Parenting Plan? The plan will detail how you want your child raised after you and your spouse are no longer together. It is best to view it as the blueprint for your child’s upbringing. Therefore, schedules will be included in this arrangement. The schedules will be who has the child for the majority of the time, when visitations will be, how holidays will be handled, and what the transition plans are between the households. In addition to the schedule, some of the finer details will need to be documented or you will not have a say when things are not going how you envisioned. Think about where you want your child to go to school, child care options, and religious preferences. Finally, you will need to make sure you have communication agreements in place between parents, children, and extended family. Your lawyer will also help make sure any disciplinary measures are discussed and documented if you have some concerns. The biggest asset a parenting plan gives divorcing parents is the ability to express desires while keeping their emotions in check. You want to make sure you are honest with the situation but also keep your child’s best interests in mind. Any time you allow negativity to cloud your judgement, you are going to find it harder to get what you want in the end. Your lawyer will help make sure that the language in the plan is concrete, yet flexible for the future; covers all areas of child raising; and eliminates any negative language. This is the best way to prevent the stress of divorce from preventing a healthy environment for your child. Contact a lawyer from a firm like Shipman, Dixon & Livingston Co., L.P.A. to get...

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5 Questions To Consider When You’Ve Been Injured At Work

Posted by on 10-10-15 in Uncategorized | Comments Off on 5 Questions To Consider When You’Ve Been Injured At Work

Getting injured on the job brings a lot of stress and anxiety, especially if you are unable to return to work immediately. Workers’ compensation is designed to reimburse employees when they can’t work or need to pay for medical bills. If you’ve been injured at work, check out these five important questions you must consider. What Steps Should You Take First? As soon as you’ve been injured, you should report the injury to your supervisor or manager, so it is documented. Next, start a workers’ compensation claim form. In some cases, your injury may not be covered. For example, you were breaking rules when you got injured. However, it’s always better to file the claim as soon as possible, so if you are covered, you can get your money sooner. Last, see a doctor immediately so you know the extent of your injuries. If you leave work early to see a doctor, your employer should reimburse you for the hours you worked, and if you qualify for workers’ compensation, it will cover the hours you missed to see the doctor. Do You need a Workers’ Compensation Lawyer? Whether or not you need a workers compensation lawyer is a tricky question. It’s always a good idea to hire an attorney if you think your injuries are more extensive than they seem or they will have underlying issues. Unfortunately, it’s often difficult to determine the extent of your injury. If you break your wrist at work, you may assume that once it’s healed, you’ll be fine, but you may develop arthritis or have limited mobility, requiring you to undergo physical therapy. When in doubt, hire a compensation lawyer, so you have all your bases covered and get every cent you deserve and need. How Much Money Will You Receive? How much money you get depends on many factors. Part of the money you receive is based on your income. Typically, workers’ compensation pays two-thirds of your average wages. You’ll also be reimbursed for medical expenses to treat the injury. If the injury permanently disables you, you may also receive a permanent disability settlement. Last, if the injury makes it impossible for you to return to your old job, you’ll likely receive vocational rehabilitation benefits so you can learn new skills to perform a new job. What if You Can’t Return to Your Job? While you’re injured, you are considered temporarily disabled, which means your employer cannot discriminate against you by firing you, except in two instances. First, if it’s clear form your medical information that you won’t be able to return to your current job, your employer can terminate you. Depending on state law, they may have to offer you an alternative position or offer vocational rehabilitation benefits. The other instance your employer may be able to fire you is if the business needs someone in your position while you recover; however, it’s more common that they simply hire a temporary employee until you can return. Can You Sue for Your Injury? In some cases, you may be allowed to sue for your injuries. You typically can’t sue your employer for injuries. The workers’ compensation employers carry protects them against lawsuits. However, if your employer doesn’t carry workers’ compensation benefits, you may be able to sue. You may also be allowed...

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Three Signs You May Be Able To File A Workers’ Compensation Claim

Posted by on 10-10-15 in Uncategorized | Comments Off on Three Signs You May Be Able To File A Workers’ Compensation Claim

In the case of an injury related to or occurring at your job, it’s only fair that you receive compensation for your treatments and lost time. Workers’ compensation claims often cover only medical expenses and a portion of the income you’d expected to earn during the time you were unable to work due to an injury, but it’s still better than nothing. If you’re wondering whether you can receive this compensation, use these three signs to help you determine whether your case fits the profile for a workers’ compensation claim. Here are three signs that this type of claim is right for you. 1. You were injured on the job Whether your injury occurred as a direct result of your work, such as a back injury from heavy lifting, or whether it was just an accident like slipping on a workplace floor, it still counts as being injured on the job. You were working, and something that you did in the course of that work caused you to be injured. As long as you weren’t engaging in reckless behavior such as horseplay, the injury should be considered as a result of you doing your work. In addition, all types of injuries are eligible, whether they’re violent injuries such as having heavy products dropped on your head, or more insidious damage like repetitive motion strain on your wrists. 2. You have medical records to prove the costs Your workers’ compensation claim will aim to cover your medical costs, so you’ll need to have an authorized and respected medical authority record the extent of the injury, the recommended treatments, and the cost of those treatments so the claim can reach a settlement. 3. Your employer has the correct insurance Your employer is probably required to carry workers’ compensation insurance (depending on their size, many businesses are required to do this) for this very reason, but if they don’t, you can still get compensation. To do this in the absence of insurance you may need to sue for personal injury, which is a longer and more involved process. However, if your employer does have insurance, you can opt for a workers’ compensation insurance claim. These three signs outline the situations in which a workers’ compensation claim can be expected to fit the bill. Be sure to consult your lawyer if your case has any surprising twists, or if you need help negotiating your settlement with nuance and finesse. Contact a professional like J W Chalkley III PA for more...

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3 Factors You Can Use To Prove Negligence In An Outdoor Slip And Fall Case

Posted by on 9-09-15 in Uncategorized | Comments Off on 3 Factors You Can Use To Prove Negligence In An Outdoor Slip And Fall Case

If you slip and fall in a parking lot, the store owner is not necessarily responsible for the damages, unless you can prove negligence. There are certain factors that can be used to prove negligence, though, and if these factors exist, you might have a good case on your hands. Unaddressed dangers Even though store owners are not usually liable for slip and fall accidents in their parking lots, they still have a duty to uphold. This duty involves keeping their parking lots in good condition, which means there should not be any unaddressed dangers present. A potential danger a store owner may overlook is a large pothole in the pavement. Fixing this pothole might be costly, which is a common reason why the owner may not have taken action to get it fixed. The problem is that a pothole can lead to accidents. If you are walking and do not see it, you could trip, fall, and injure yourself. If the owner of the parking lot had placed cones or markers around this hole, you might not be able to sue, simply because the owner gave warnings about the potential danger. Poor maintenance A second factor you might be able to use in your case is poor maintenance. This is a defense that is often used in the winter when snow is present. Failing to remove snow is not considered poor maintenance, but leaving other things unrepaired that lead to problems can be. For example, if the roof is not draining water properly, melted snow may drip from the roof. This can leave icy patches on the pavement, and these patches are often extremely slick. If you slipped and fell from something like this, you might be able to use this factor to win the case. Lack of lighting A third factor that can prove negligence involves the lighting in the parking lot. If every light in the parking lot was out of order when you fell, and if the accident took place at night, you could use this factor to prove the owner’s fault. If the owner neglected to provide an ample amount of light in the parking lot, the court might view this as negligence. Proving negligence is the number one factor of winning any type of personal injury case. If you would like to get more information about slip and fall cases, you may want to contact a personal injury lawyer, such as those at Welsh & Welsh PC...

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The Pre-Trial Phases Of A Wrongful Death Claim

Posted by on 9-09-15 in Uncategorized | Comments Off on The Pre-Trial Phases Of A Wrongful Death Claim

Enduring a loved one’s death due to an accident is difficult enough, and the thought of dealing with a wrongful death claim can feel even more taxing. With a compassionate personal injury attorney representing the family, they do not have to concern themselves with the legal details. Most of these cases settle before proceeding to court. Learn about the typical phases of a wrongful death claim so you know what to expect.  Pre-Trial Phases of the Case Conducting an Investigation After you hire an attorney, the legal team begins investigating the details of the accident. They interview people who were at the scene as well as persons connected with the deceased individual, including relatives and co-workers. Expert witnesses may be interviewed as well. They provide insight about who is typically at fault in this type of situation and the strength of the wrongful death claim. An expert witness might be an accident reconstruction professional who specializes in these particular incidents. Medical professionals also are common expert witnesses.  Performing Legal Research The legal team pores through previous case history to find those that are most similar to the current case. They evaluate the various points and determine the settlement amount that is most likely to be acquired. Through this research, they learn aspects to avoid that could lead to having the case dismissed by a judge. They learn how to strengthen the evidence in favor of the claim and the arguments for the plaintiff. Negotiating The next phase consists of efforts to negotiate with the insurer or the private party for a reasonable settlement. This begins with sending a demand letter and supporting documents. Negotiations can be lengthy, especially when dealing with a large insurance carrier that has its own lawyers on staff. However, if the liability is relatively obvious, the insurer will want to settle and do so fairly quickly to avoid added expense.  Filing a Complaint If the negotiations process breaks down or the defendant refuses to budge, your attorney will file a complaint document with the court. This is the start of the trial process. Negotiations can begin again and continue while further documents are filed to proceed with the case in court or stay it, meaning put it on hold.  Concluding Thoughts Understand that most wrongful death claims never go to trial. Both the insurer or private party and the legal teams prefer to avoid going to court. That extends an already lengthy process, and neither side can predict what a jury might decide. You can rely on your attorney to manage all the details and keep you informed of the progress. For more information, contact Norris, Gary G. Attorney or a similar legal...

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4 Tips For Choosing A Great Personal Injury Attorney

Posted by on 8-08-15 in Uncategorized | Comments Off on 4 Tips For Choosing A Great Personal Injury Attorney

If you have the misfortune of having to deal with a personal injury case, it’s normal to feel scared and upset. The process can be hard to understand. It’s important that you consider hiring a personal injury attorney so that you can have as much success as possible. You may be nervous about choosing a great attorney, but by taking some extra consideration, you can choose a great attorney. Take a look at the following information for some helpful tips that can help make choosing a personal injury attorney easier.  Choose Someone With a Lot of Experience While there are many attorneys out there, some only specialize in a specific area of law. This makes it possible for them to know the ins and outs of the law and means that they’ve worked on a wide variety of legal cases related to that topic. When you start your search, it can be a great idea to look for an attorney who specializes in personal injury. Don’t be afraid to ask about experience and the types of cases that an attorney has worked on. You want the very best helping you with your case. Don’t Forget About Personality You want to make sure that you and your attorney will work well together. It’s a good idea to meet with potential attorneys to get an idea for their personality and how they interact with you. You want to make sure that you choose an attorney who you feel comfortable talking with. You also need to be able to fully trust your attorney.  Make sure that the attorney’s personality is a good fit first.  Consider Choosing Someone Who Has Worked on a Similar Case It’s a good idea to work with an attorney who has had great success with a similar case. While your work related injury or slip and fall accident may be unique, an attorney may have had a similar case and may have gotten great settlement results. Share details of your situation and get a feel for whether potential attorneys have worked on a case similar to yours.  Ask Who You Will Be Working With When you start working with a law firm, you may meet one particular attorney, but they may not actually work directly with you during the case. You should ask who you will be working with. If you choose to hire a larger firm, there may be many attorneys working on your case. You want to make sure that you meet with the person who you will be working with regularly so that you feel comfortable.  With extra care and consideration, you can find the perfect personal injury attorney for your case. Make sure that you consider the above tips so that you can have a good experience.  For more information, contact a law office like Modesitt Law Offices...

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Three Tips For Worker’s Compensation Cases

Posted by on 6-06-15 in Uncategorized | Comments Off on Three Tips For Worker’s Compensation Cases

If you are ever hurt in the course of your work, it is vitally important to take the steps required to getting the judgement or out of court settlement to pay for your injuries, missing wages, pain and suffering, rehab cost and any other relevant expenditures. To build a solid case, you will need to understand some things about these cases and dealing with work injury attorneys. This resource will help you in that regard, so read on in order to put your best foot forward.  #1: Begin The Timetable For Your Case Through Reporting It As Quickly As Possible When you want to be sure that you are able to start your case on the right foot, it is important that you report it as quickly as possible. This allows you to start the timetable of the case, which is critical, since you must stick to the statute of limitations. The statute of limitations for personal injury cases differs by state. You’ll also need to get the ball rolling by reporting your injuries so that you can satisfy the workers’ compensation reporting date, which is usually about a month after the injury takes place.  #2: Have An Audit Conducted For Your Situation If you want to be sure that you are able to make the most of your workers’ compensation case, you’ll need to hire an independent auditor. These auditors will provide you with the independent point of view that you need to ascertain whether you need to hire work injury attorneys to understand the landscape of your case and to develop the best strategies to proceed. By taking this time to get an impartial look at your case, you will be in the best position to act accordingly when the time comes.  #3: Understand The Potential Road Blocks To Your Work Injury Case There are a lot of potential obstacles that you’ll need to consider when it comes to getting the best outcome for your case. For instance, your employer might flat out deny that you suffered an injury or that you suffered it in the course of your work. There may also be a hangup throughout the course of calling upon your job’s workers’ compensation insurance. By being aware of these potential roadblocks, you and your attorney will be better able to deal with them as they come.  Follow these tips and use them to get the most out of your workers’ compensation...

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Surviving The VA Claims Process During Hardship

Posted by on 6-06-15 in Uncategorized | Comments Off on Surviving The VA Claims Process During Hardship

Not all veterans are lucky enough to receive quick, efficient injury compensation benefits after leaving the military. For many, the claims process can be years of appeals and fact-finding that may be as difficult as a full time job–a task that can be daunting while working or suffering from an extremely potent problem. If you’re nervous about your situation getting worse or knowing what to do if you’re unable to work during the claims process, a few traits of the VA system and ways you could get more help could help you feel better about the process. You May Already Qualify For Some Benefits For many veterans, the ultimate goal of the VA claim system is an injury compensation benefits and medical benefits. The medical benefits are especially important for staving off the costs of expensive medical care and complex procedures, but there are some benefits that you don’t require a full disability rating. The VA medical benefits package is actually a tiered system that includes disability and other levels of conditions. There are many different qualification points, such as having an honorable discharge for basic clinic assistance or being a veteran who has been out of the military for less than two years. Although the VA’s eligibility page covers a few different circumstances, there are individual circumstances that may allow you to get some medical assistance. Although it doesn’t solve the uncertainty of continuing a life with injuries (and a lack of compensation), qualifying veterans can visit VA clinics and hospitals. Although some VA facilities experience long wait times that have caught national attention, your local facility may be better about appointments and walk-in assistance. If you have an appointment for specific injury claim issues, don’t limit your visit to the claim itself. The conditions on your claim are the most important, but don’t hesitate to bring up every single medical problem you may have. The medical professional examining doesn’t have to handle all of the problems there; by being polite and working will with the professional, you could be able to get a referral for your other issues at a civilian location at no cost to you. Prescription-strength medication can be given with the proper examination and sent to your home location for no cost as well. A Lawyer Can Speed Up The Process If you’ve waited too long and feel ignored, you may need a personal injury lawyer on your side. It’s unfortunate, but there are some localized VA facilities that may have poor organization habits that could delay your claim. A personal injury lawyer can rekindle the fires of examination by putting heavier pressure on your claim. If your claim is missing information or could be stronger by including more exact medical results, the lawyer can consult a team of medical professionals who can cater their examinations to the VA claim process.  If you’re worried about legal fees, worry no more; fees for legal assistance with VA claims may not exceed 20% of a veteran’s past-due benefits. Past-due benefits cover the amount of money that should have been paid at the end of your military career. To discuss the financial aspects and to plan a strategy for a success, contact a personal injury lawyer (such as one from the Law Office of Leslie S....

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Is It Possible To Be Laid Off Or Terminated While On Workers’ Comp?

Posted by on 6-06-15 in Uncategorized | Comments Off on Is It Possible To Be Laid Off Or Terminated While On Workers’ Comp?

When you are on workers’ compensation, you have certain protections. For instance, you are entitled to return back to your position when you are physically able to or your employer has to provide you with job training. However, workers’ comp might not be able to protect you from other situations, such as a layoff or termination. Can You Be Laid Off While on Workers’ Comp? Whether or not your employer can lay you off while you are receiving benefits depends on the reason for being laid off. If your employer is laying you off in retaliation for receiving benefits, this is considered illegal. In this instance, you and an attorney, like the ones at The Law Offices of Gregg Durlofsky, could file a lawsuit against your employer. You could possibly get your job back or receive financial compensation for the unfair layoff.  On the other hand, if your employer laid you off for reasons that would have resulted in you getting laid off if you were still working, this is considered legal. For instance, if your employer was planning to lay off you and other employees due to budget concerns, the layoff would stand.  Can You Be Terminated While on Workers’ Comp? As with a layoff situation, whether or not you can be terminated while on workers’ comp depends on why your employer is taking this action. If your employer coincidentally happened to be conducting employee reviews while you were off work and found that your performance warranted termination, you could be legally terminated.  However, if you feel that the termination was the result of retaliation, you can take legal action. The same applies if your employer demotes you because you filed for benefits.  What Actions Can You Take? Before you file a lawsuit, you need to find out the exact reason for the termination or layoff. Although the reason might actually be bogus, it is important that you have this information from your employer. It can actually help your case sometimes.  For instance, if your employer claims to have fired you because of poor job performance, you can refer to your previous performance reviews as proof that this is not true.  You also need to contact your state’s labor board and file a complaint. If you have been working with an attorney, contact him or her to receive assistance with filing a complaint and exploring your other legal options.  You have certain rights as an employee and you are protected by state and federal laws. If you feel that your employer’s actions while you have been on workers’ comp have been illegal, talk to an...

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