Hit by a Drunk Driver

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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3 Tips To Protect Yourself Legally After A Car Accident

Posted by on 5-05-15 in Uncategorized | Comments Off on 3 Tips To Protect Yourself Legally After A Car Accident

Car accidents are always unexpected and stressful. An incident like this can make people make sudden, poor choices that might affect them legally later. While the top priority in the aftermath of a car accident should obviously be to make sure everyone is OK, an important secondary concern should be taking steps to document the scene of the crash in order to protect yourself from a legal standpoint. Here are 3 tips that every driver should follow in the aftermath of a crash. If you have additional concerns, contact a local car crash attorney. Always Call The Police Even if the accident you were in is not that bad, you should still insist that a police report be filed. In some case, having a police report to show your insurance company can be the difference between getting your claim approved or denied. This will also prevent the other party from changing their story after they leave the scene of the accident. If the police do not respond, or if the other driver leaves the scene before they arrive, get a local police station to file a report in person as soon as possible. Photograph More Than Just The Car It’s not uncommon for drivers to be equipped with smartphones today that can easily snap a few photos of the damage done to their car after an accident. But don’t stop there. If you can do so without causing a fight, also take photographs of the other party’s car and their license plate number. Document the street name you are currently on and any other part of the surrounding area that might have had something to do with the accident, like the location of a stop sign or red light. These photographs can provide a great visual aid if the case ever does make it into a courtroom. Write A Comprehensive Report While it’s important to get a police report filed, you should also take the time as soon as possible to sit down and write out a comprehensive report of everything that led up to and caused the accident from your point of view. Your insurance company may likely ask for a report like this anyway, but it’s important to get your thoughts on paper as soon as possible from a legal standpoint as well. The sooner you write the report, the more details you will remember. Include your speed at the time of the crash, where you were traveling to, the phone numbers of any witnesses, the printed out photographs that you took at the scene and anything else that you think might help. In the aftermath of a car crash, focus first on making sure everyone is OK. But then quickly take steps to ensure that the scene of the accident is properly documented. You never know when a car crash might end up going to court. If you have concerns in this area, contact a car crash attorney like The Jaklitsch Law Group as soon as...

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Struggling With A VA Claim? An Attorney Can Help

Posted by on 5-05-15 in Uncategorized | Comments Off on Struggling With A VA Claim? An Attorney Can Help

Being denied compensation from Veterans Affairs (VA) can be a devastating feeling, but you need to understand that it isn’t the end of the process. The claim system is complicated and the VA knows that many veterans have issues when it comes to preparing the claim. If you feel that you’ve been swept up in a net of quick denials and need to prepare an appeal, consider a few traits of the VA system and ways that a personal injury attorney can help. Why Would The VA Deny A Legitimate Claim? The VA disability system exists to assist veterans who are suffering from conditions caused by military service. This does not simply mean combat injuries; anything from a gunshot wound that damages a bone to back problems from sleeping in awkward positions can be treated and compensated, as long as it occurred during military service. Conditions within a claim are put to a service-connection claim. You’ll need to have official evidence to support your injury or other condition, and the condition must be severe enough to warrant compensation. Although severity can be argued later by your own testimony and civilian doctors, there needs to be written proof that your condition occurred during military service. This proof can be in the form of medical record entries from doctor (or other medical personnel) visits. You can also use entries from your service record, such as official statements about events that lead to an injury, trauma or other similar situation.  If you do not have official, written paperwork, you’ll need the assistance of an attorney to get the proper information. A personal injury attorney has a set of skills capable of tracking down needed information, gathering a medical (or other healthcare) team that knows how to search for the relevant information and different ways to prepare a relevant claim. What If The Injuries Aren’t Service-Connected? If your injuries did not occur during your military service, you aren’t eligible for VA disability. The VA will, however, assist you in getting compensation from the proper authorities. Your personal injury attorney can also help you pursue benefits such as Social Security’s disability system or represent you in a civil matter against a business or individual.  While you pursue other means of compensation, keep in mind that honorably discharged veterans are often qualified for the VA health benefits program. These benefits allow limited medical care for qualifying veterans, such as basic medical checkups, referrals and even prescription medication. There may be a low copay for certain issues, but if you need pain medication or physical therapy assistance while fighting a long and difficult injury claim, the VA can look into ways to assist.  If you’re working on a VA claim, these benefits are for you as well. During the Compensation and Pension (C&P) evaluation process, simply bring up issues that are bothering you during the visit. In many cases, the doctor examining you can write a prescription for you or schedule another appointment. Contact a personal injury attorney to plan a more successful VA claim to get the compensation you need for a more comfortable...

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Why Provoking A Dog Can Dismiss A Dog Bite Related Lawsuit

Posted by on 5-05-15 in Uncategorized | Comments Off on Why Provoking A Dog Can Dismiss A Dog Bite Related Lawsuit

If your dog bites someone, you may be found liable in a personal injury lawsuit and have to pay for the damages. What if your dog was provoked before they bit? Most states have laws where you cannot be liable if your dog was provoked by another person. What Does It Mean To Provoke A Dog? When you think of provoking a dog, the things that come to mind are poking, teasing, or acting mean to them in some way. While that is obvious behavior of provocation, there are also unintentional actions that may have occurred. For example, dogs can be provoked by accidentally stepping on them because someone did not notice them. The victim in this situation may not have done anything wrong, but they did something that caused the aggressive behavior. Proving Provocation In order for the plaintiff to win their personal injury lawsuit against you, they need to prove that they did not provoke the dog. This means that they were less than 50% responsible in the incident. As the defendant, you can argue that they were unable to prove they did not provoke the dog. You can also use evidence, such as an eyewitness, to prove that the plaintiff is not telling the full story of the incident. Factoring Your Dog’s Behavior The temperament of your dog is taken into consideration when trying to prove if they were provoked. For example, your dog may be overly sensitive and naturally react aggressively to actions that would be considered slight provocation. As the dog’s owner, you are responsible for warning people of your dog’s temperament. If you have an overly aggressive dog, you must take additional steps to protect other people. The plaintiff may decide to get an expert opinion to judge the temperament of your dog in order to prove the dog wasn’t provoked. The good news is that the expert will not have the final say about any temperament issues, as it is ultimately up to the jury or judge for your case. Verifying State Laws Check with a personal injury lawyer about the specific statutes in your state regarding dog bites. Some states make it difficult for a defendant to win their dog bite injury lawsuit, but do not rule out using a provocation defense. Other states allow provocation defenses but require that the type of provocation be careless or mischievous. In the end, if your dog was intentionally provoked by another person that caused the dog bite, you have a good chance of winning your case. For more information, contact a professional such as Gregory V Sharkey...

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3 Things That Can Cause Your Social Security Disability Claim To Be Denied

Posted by on 5-05-15 in Uncategorized | Comments Off on 3 Things That Can Cause Your Social Security Disability Claim To Be Denied

Social security disability benefits are supposed to be there when you need them. After all, you pay taxes into the fund out of your paycheck each time. So, you may think that your claim will be approved the first time around. You fill out the paperwork and send it in, but then you are denied. Here are three things that can cause your social security disability claim to be denied. 1. Your disability isn’t considered severe enough. The Social Security Administration (SSA) uses a five-step process to determine if you are disabled. One of the steps they consider is if your condition is severe enough to warrant disability. In order to be considered severe enough for disability benefits, the SSA must find that your condition prohibits or significantly hinders you from performing basic work-related duties. Of course, the SSA may think you can perform work-related duties, but your condition actually does make it difficult, if not impossible. You will need to get a statement from your doctor to help your case when you appeal the denial. 2. You failed to follow your doctor’s course of treatment. Another thing that can get your disability claim denied is if you are non-compliant with your doctor’s treatment plan. This will cause a claim denial if it is found that the treatment plan provided by your doctor would have improved your condition enough to enable you to work full-time.  Of course, there are some defenses to not following a doctor’s treatment plan that you can use during your appeal. For instance, if the treatment that your doctor has prescribed would cause a financial hardship on you, the SSA will possibly approve your claim because it is unreasonable to expect a patient to pay money they don’t have for medical treatment. 3. Your use of alcohol and/or illegal drugs led to your disabling condition. It used to be that having a drug or alcohol addiction would get someone approved for benefits. However, that is no longer the case. Instead, the SSA will deny your social security disability benefits claim if they find that you would not be disabled without the drug or alcohol addiction. That means that if your drug or alcohol addiction was a factor in causing your disabling condition, it will likely be denied. On the other hand, if medical professionals can argue that your condition was not caused by alcohol or drug use, you could likely win your appeal. Just keep in mind you may need more than one medical professional to state that your condition would have likely occurred without drug or alcohol usage. For more information, contact a social security attorney in your...

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