Hit by a Drunk Driver

Can You Sue Your Landlord After A Robbery Or Mugging?

Posted by on 7-07-16 in Uncategorized | Comments Off on Can You Sue Your Landlord After A Robbery Or Mugging?

As a tenant of an apartment or rental home, you have a right to reasonable safety on the property, including adequate protection against intruders. Your landlord is responsible for maintaining sufficient security in your home and on the property, but what can you do if you are mugged or robbed as a result of your landlord’s negligence? If you suffered physical or psychological damage during the incident, you may have grounds for a personal injury claim.  Collecting Information About the Incident Before you assess anything else, you should ensure that your official statement about the robbery or mugging is on the record with your local police. A personal injury attorney should then be able to help you secure the testimonies of any witnesses and a detailed timeline of the event. Even small facts such as how the robber entered your building can prove to be crucial evidence in a personal injury case. With the facts in hand, you can begin constructing an accurate and documented narrative to back up your suit.  Demonstrating a Lack of Reasonable Security Although your landlord may not be obligated to install a home security system in each unit, you can expect basics like bolted doors and secured windows to keep intruders out. Any public areas or parking lots should also be lit at night to discourage would-be muggers. If you believe that your house was not reasonably secure or that you were put in danger outdoors, your attorney will request photographs of the inadequate facilities as direct evidence of negligence.  Quantifying Your Losses Once you have determined that your case is worth pursuing, you will need to settle on a preliminary figure to cover your medical bills and related expenses. You should also list your property damage and theft losses, though those may be used as part of a different suit separate from the personal injury claim. You can include both physiological and psychological care needed as a consequence of this incident. Many families or individuals are deeply disturbed by violent encounters and need counseling afterward, which can become very expensive over time.  Adding in Pain and Suffering Damages Your attorney may recommend adding pain and suffering damages to your total as well as a form of compensation for less measurable losses. It costs a certain amount of money to set a broken arm, for example, but many victims would argue that the real toll is much higher. You may also lose time at work or lose sleep because you can no longer relax in your own home. You shouldn’t have to suffer because of the negligence of your landlord; if your personal safety has been put at risk on your rented property, contact a skilled personal injury attorney today to explore your...

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Three Mistakes You Do Not Want To Make After An Auto Accident

Posted by on 7-07-16 in Uncategorized | Comments Off on Three Mistakes You Do Not Want To Make After An Auto Accident

An automobile accident occurs somewhere in the world every 60 seconds, according to the National Highway Traffic Administration. In many cases, panic can set in, as the car accident is not expected. Unfortunately, when you panic you could end up making several errors after the accident that could lead to the insurance company or the other driver not paying for the damages or injuries sustained. Learn more about the most common mistakes that people make after being in an auto accident. Not Getting Medical Treatment One of the biggest mistakes you can make is not receiving medical treatment when you need it after a car accident. This can hurt your chances later when you go to file an auto injury claim with your insurance company. Even if you think you have not been injured, it can be difficult to tell immediately after an accident. Once things settle down, you may then begin to experience pain. If offered medical treatment, make sure to use it, as you could have injuries from the accident with no symptoms present. The longer you choose to wait to get medical attention, the harder it could be to prove your injuries resulted from the accident.  Waiting Too Long to Make a Claim Another common mistake people make after a car accident is not making a claim right after the accident occurred. There is a limited time after an auto accident occurs that you can file a claim. If you are not sure how long you have to make the claim, you want to speak to a car accident attorney. They will go over your rights and inform you of your local laws so you know what the time limit is and what you can do about the accident.  Not Getting the Evidence Cellphones can be very valuable after a car accident. Once the accident has occurred, you want to make sure you take pictures of the vehicles and the surrounding areas. This will help you show proof to the insurance company and your lawyer to back up any information you give them. Additionally, it is a good idea to keep notes on your phone with any information you have from witnesses and the other driver. Insurance information should be exchanged between drivers to ensure that the claim is able to be filed right away. Additionally, you want to take pictures of any injuries, including scrapes and bruises you sustained in the accident. Having all this information on your cellphone can help keep it close by when you need it. Information you should keep in notes include emergency respondent’s names, accident report reference number, witness contact information, and a summary of the events leading to the accident.  For more advice, talk to a car accident lawyer from a law firm like Palmetto Injury...

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Reasons You Need A Highly Qualified And Experienced Auto Accident Attorney

Posted by on 7-07-16 in Uncategorized | Comments Off on Reasons You Need A Highly Qualified And Experienced Auto Accident Attorney

When you are involved in a car accident, you may have to face several challenges related to it. A serious accident can cost you time from work, your vehicle and many medical bills. You will need to deal with the other driver’s insurance company to get the compensation you deserve for medical bills and the cost of your time and suffering. You will also have to deal with the other driver’s insurance company for obtaining the compensation you need for a rental car and the replacement of your vehicle if it was a total loss. Look at the reasons you need only an experienced and highly qualified car accident attorney. Why Years Of Experience Matters For Someone Involved In A Car Accident Car accident cases can be extremely complex and confusing, especially if you are injured or have lost your vehicle. If you hire an attorney that does not specialize in this area of law, you risk losing the compensation you deserve. Most insurance companies will offer a settlement out of court, especially if you do not have an attorney representing you. You usually do not get the amount of compensation you would if you had a lawyer fighting the insurer for you. Your attorney will need to know the best ways to deal with the other driver’s insurance company. Considering Attorney Fees When it comes to attorneys, lower cost is not always the best choice. The good news is when you hire a car accident attorney, he or she usually does not get paid until you win in court. Discuss with an attorney about the percentage he or she will take from the money you are awarded in court. Bear in mind the importance of hiring a lawyer that has won several cases in this area of law. Communication Is The Key To Your Peace Of Mind Nothing is more frustrating and worrisome than not being able to reach your attorney about an important matter pertaining to your case. When an attorney fails to call you back after you have left more than one message, you may start to worry if he or she is truly working on your case. You may worry if you will get the results best for helping you get a fair amount of compensation. Discuss with an attorney before you hire him or her about whether or not he or she will call you in timely manner. Your peace of mind during your case depends on healthy communication between you and the professional that is guiding you through it. Regaining your life before a serious car accident is important, especially if you have a family depending on you. Taking the time to make the right choices about your attorney is smart and can have many benefits. For more information, visit websites like...

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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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