Hit by a Drunk Driver

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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Proving That The Defective Product Caused Your Injury

Posted by on 1-01-16 in Uncategorized | Comments Off on Proving That The Defective Product Caused Your Injury

Consumers often do not pay close attention to the products they purchase. They assume that a prescription medication will contain the substance described on the label and they do not expect that a kettle will have a hairline crack. However, when a product is defective, its normal use may lead to a serious injury. After you have suffered an injury as a result of a defective product, you will need to perform an investigation with the assistance of your attorney to gather the evidence that is necessary to prove that the defective product caused your injury. Identifying Manufacturing Defects Describe the product in detail. Often, the cause of a defective product is a manufacturing error that leads to a critical component not being included. For example, a bicycle might not have brake pads. The manufacturing defect is a direct piece of evidence that the product was defective and may have caused your injury. Determining Whether The Product Has A Design Defect Sometimes, the manufacturer constructs the product while correctly following design specifications, but the original design of the product was flawed. For instance, if a wire is not properly insulated and this leads to a fire, this would be a design defect that could lead to a successful personal injury lawsuit. However, if the product is dangerous even if it is designed perfectly and if the danger associated with the product is self-evident, you may not be able to sue for a personal injury. For example, if you cut yourself with a knife, you would not be able to sue for a personal injury because the intended purpose of the knife requires that it have features that are inherently dangerous, such as a sharp edge. When The Manufacturer Fails To Warn The Consumer If a product has a potentially harmful feature, it is the requirement of the company to warn the public about this harmful feature. This is usually accomplished through a warning label. If there is a feature that could potentially cause harm and you sustain an injury while using the product properly, you can file a lawsuit for this reason. Also, if a product is recalled, but the manufacturer did a poor job contacting customers about the recall, this could be used as a reason for a lawsuit. For example, if the manufacturer mailed letters to all of the consumers affected by a defective product, but failed to mail a letter to you, this could be used as evidence of a failure to warn the public. In these types of situations, it is often better to organize a class action lawsuit. For more information and legal advice, talk with a personal injury...

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Tormented By VA Denials And Requests? Know Your Requirements For Less Pressure

Posted by on 12-12-15 in Uncategorized | Comments Off on Tormented By VA Denials And Requests? Know Your Requirements For Less Pressure

An unsuccessful Veterans Affairs (VA) claim is caused by one of two problems: an incomplete claim or mistakes at the claim office. Both problems are likely, as detailed requirements for the veteran with no claim experience and a large backlog of claims can lead to a lot of frustrated mistakes and lost information. If your original claim was denied and every attempt to salvage your chances at disability becomes blocked by demands for different, more, or better information, take a look at a few claim system requirements that could earn an approval faster. Is Your Service-Connection Clearly Detailed? Disability from the VA is about more than just having visible injury or observable pain. You’ll need documentation showing that your injury, mental state or any condition was caused or made worse by military service. The documentation will establish your service-connection, or how your condition is connected to the military by pointing out when the condition could have been triggered. Injuries are easier to prove, but not without some difficulty. If you were injured in the military by anything–combat, workplace injury, getting into a fight off duty, injuring yourself on leave, or in a foreign port–you’ll hopefully have documentation showing that the event happened. It doesn’t matter what you were doing in the military, just as long as you were in the military and obtained documentation. If you didn’t go to medical for some reason, or if your medical record was lost (as not all branches and military bases utilize electronic record-keeping as of yet), you’ll have a harder time proving your case. Hopefully, you’re reading this article as you’re getting out of the military or not too many years after leaving the military. There’s no date limit to filing a claim, but the sooner you complain, the better. It’s understandable that a month or two will go by as you figure out how to file your disability claim, but if you wait for years, it’s easier for the VA to consider that your condition was caused by civilian service. Civilian injuries are not service-connected and won’t be eligible.  Psychological Issues In VA Claims Mental conditions have a rocky history when it comes to military claims. Post-Traumatic Stress Disorder (PTSD), for example, was not always taken seriously by the entire VA claim system. The treatment of psychological suffering has gotten a bit better, but the initial problem still exists: how can you prove something that can’t be physically observed? Legitimate sufferers of psychological conditions must undergo unique fact-finding efforts in order to prove their problem, simply because it’s easy for any veteran to fake certain conditions that are well-understood. There are many anecdotal examples for expert mental health professionals who can see through any story, and just as many reports of veterans who fake mental anguish to get monetary compensation for life.  The truth is just that psychological conditions are difficult to prove, and you’ll have to sit through analysis longer than physical conditions in some cases. Although this may seem like a bad thing, legitimate sufferers aren’t being completely turned away at the door. As you’re being examined, the VA provides the same mental health treatment as they get to the bottom of your condition and discover the level of your affliction. Sure, the money is better as soon as possible, but...

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How Your Social Media Posts Can Negatively Impact Your Personal Injury Lawsuit

Posted by on 12-12-15 in Uncategorized | Comments Off on How Your Social Media Posts Can Negatively Impact Your Personal Injury Lawsuit

One of the most important elements in a personal injury lawsuit is proving your injuries. It isn’t uncommon for the prosecution to try and say that you’re overstating or faking your injuries. And, with social media announcing things faster than actual news outlets, it is crucial that you protect yourself by watching what you post online in order to avoid sabotaging yourself and your lawsuit. Here are a couple of instances in which social media posts can negatively impact your suit: Accidentally Posting Incriminating Evidence of Yourself. When you take to Facebook, Twitter, etc., you often share your feelings or your latest exploits. Unfortunately, when you’re in the middle of a personal injury case, this is the last thing you should be doing. More than likely, you are suing because you are severely injured – or that’s what you’re saying. If you post pictures that show otherwise, you will not only be at risk of losing your lawsuit, but you may be potentially facing fraud charges as well. Although not a personal injury case per say, an example of this would be a woman who was trying to get alimony out of her husband because she was disabled. However, her husband ended up stumbling across a belly dancing blog, which clearly showed the woman was not as disabled as she had initially claimed. After the Fact: Confidential Settlement Terms Revealed. In many cases, once you have settled a personal injury claim, there is a non-disclosure agreement (NDA) that you must sign. This simply states that you will not share the terms of the settlement with anyone. If you go on your Facebook after signing the NDA and say something about the amount of money that you are receiving or that the other party knew they were wrong so they settled, you could be at risk of losing that monetary award. This is what happened to a former headmaster in Florida after his daughter posted harsh words on Facebook. Your Best Move Forward Ultimately, your best bet is to put Facebook, Twitter, Instagram and any other social media network that you use to the side during the course of your personal injury claim. It’s better to be safe than sorry, because it only takes a small slip-up on your part to bring your claim crumbling down. If you need help filing a personal injury claim or need information regarding the law on statute of limitations or the paperwork necessary, contact a local personal injury lawyer like James Lee...

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What You Should Do When You Question Your Medical Care

Posted by on 11-11-15 in Uncategorized | Comments Off on What You Should Do When You Question Your Medical Care

When you go to your doctor’s office or to a hospital or urgent care clinic for medical care, you are placing a great deal of trust and confidence in the medical professionals you see. After all, they are the experts on health care and medical conditions whereas you are not. Under most circumstances, the trust that you place in your medical providers is returned with proper care and treatment so that you can heal from the illness or injury that brought you in for care. However, there are times when you may find yourself questioning whether the medical care you were provided was appropriate and whether or not the care provider was dismissive or negligent in your care. Get to know what you should do when you feel the need to question your medical care so that you can protect yourself now and in the future. Consult With Another Doctor First and foremost, if you feel you have been mistreated by a doctor, you should always consult with another medical professional to get their opinion. For example, if your original doctor misdiagnosed an illness and you feel they did not do all they could to rule out other causes for your symptoms, you can ask another doctor what they would have done in the same situation or what the protocol is for diagnosing a person with certain symptoms. When you consult with another doctor, be sure that the doctor you go to is not a part of the same practice or hospital as your original doctor. Also, refrain from providing the original physician’s name when you ask your questions to avoid any potential personal bias. Many doctors know one another personally or by reputation, and this background knowledge may influence their opinions. Contact A Personal Injury Attorney Whether you talk to another doctor or not, if you are convinced that the treatment you received was negligent and resulted in you suffering physically and/or psychologically, you should contact a personal injury attorney, like those at Gartner Law Firm, right away. A personal injury attorney will review your claims as well as your medical records from the visit (or visits) in question and help you decide if you have a case that will stand up in court. The benefits of hiring a personal injury attorney to represent you in a medical malpractice suit are numerous. First of all, they know all of the ins and outs of medical malpractice law including how to work with doctors and their insurance companies. as well as how the court generally responds to certain types of malpractice suits. For example, if you believe that your doctor was negligent when performing surgery on you and caused you to suffer complications after the fact — like an infection or internal bleeding that could have been avoided — your lawyer will be able to tell you what it would take to prove it was due to negligence rather than a common complication even when the surgery goes well. Having a lawyer assist you in fighting such a battle will also relieve much of the pressure from you so that you do not feel alone in your situation. Oftentimes, the patient can feel as if they are persecuted in such cases only because they are not medical experts. However, with...

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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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