Hit by a Drunk Driver

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

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

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

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Colorado Dog Bite Lawsuit: What You Need To Know

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

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

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

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

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

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

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

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

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3 Things You Need to Know About Medical Malpractice Cases

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

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

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

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

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

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When Should You Hire A Personal Injury Attorney?

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

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

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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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