What Steps Should You Take if You Were Injured Due to Someone Else’s Negligent Actions? 

Nobody wants the hassle or pain of being in an unnecessary accident. Accidents happen every single day, though, which is why it is important to know what to do if you are ever involved in one. The very first thing you need to do is contact a personal injury lawyer, like one from Greenspan & Greenspan P.C., immediately. He or she will help you form your case and look at all of the details surrounding the accident to determine who was at fault and how much compensation you may be able to receive. 

Check Yourself for Severe Injuries

The very first thing you need to do after being involved in a bad accident is to check yourself for any serious injuries. If you think you were terribly injured and need assistance, ask someone nearby to call an ambulance. If there is not anyone around, call for one yourself. 

Call the Police to the Scene of the Accident

In many instances, you may want a police report about the accident. If someone else’s negligent actions caused it, for example, you will want an officer to come evaluate the scene of the accident and write down an incident report. This will offer an unbiased viewpoint on what may have happened to cause the accident. This report will give information of each of the people as well as offer some pieces of truth if your case goes to court. 

Get Witness Statements

If there were any witnesses, make sure you get their contact information and have them write down or give a voice recording on what they saw. These details are important to get in writing while the memory of the event is still fresh. The witness may be called upon to testify on your behalf at a later date. It can be a key to winning a personal injury case. 

Exchange Information with the Other Party

If someone else was involved or possibly at fault for the accident, you need to get their information so that you can reach out again about compensation. You may decide to go through their insurance or you may seek compensation by going to court. A lawyer will be useful for deciding what the best next steps to take will be.

Contact a Personal Injury Lawyer Today

You should not hesitate if you were injured in an accident. You need to contact a personal injury lawyer right away so that you do not miss the statute of limitations for filing. Every state has a deadline of filing a case if you were injured in an accident. If you miss it, there will be no chance of seeking compensation in the future. Your lawyer will evaluate your case immediately and make sure you stay on track for getting compensated for everything. Most personal injury lawyers offer free initial consultations and many work on a contingency fee basis, which means they do not collect compensation unless they win your case. 

4 Basic Types of Auto Insurance Coverage 

Car Accident Lawyer

Car insurance laws depend on the state in which you live. State laws mandate the kind of coverage you are required to carry and any minimum amounts of that coverage.There are many types of policies offered by insurance companies, and if your state does not require all of them, it may be worth the time to look into them. Learn some of the basics about car insurance policies and the variety that may be available to you.

Liability Coverage

The most fundamental auto insurance is considered liability coverage. It is typically mandatory. Liability coverage encompasses property damage and bodily injury. The property, in this instance, is usually the insured vehicle, but if you live in a fault-based state, it may cover the damage to the other vehicle. Bodily injury works in the same way, covering the other driver in an at-fault state. Liability coverage is set based on policy minimums required by state law.

Uninsured and Underinsured Coverage

In addition to liability coverage, you may be offered uninsured and underinsured motorist policies. These may be required to some extent by your home state. Even if they are not, you may want to check into adding them to your liability policy. That is because you may face a crash in which the at-fault driver does not either have sufficient coverage or has no insurance. In these cases, your underinsured or uninsured policy will kick in and cover your property damage and any medical bills.

Comprehensive Coverage

Comprehensive insurance policies deal with damage to your vehicle inflicted by something other than an accident. The most common incidents are theft, vandalism or a natural disaster. A hail storm, for instance, may leave extensive body damage to your car. This is not covered under your liability policy since it is not a vehicle crash. When your car is stolen, the comprehensive coverage policy will pay out the then-value of your vehicle.

Medical Payments Coverage

If you do suffer injuries from a car accident, you may wind up with extensive medical bills. If you live in a no-fault state, you will be required to carry medical payments coverage, called personal injury payments. Unlike liability coverage, this protects you and pays for the medical care you require after a crash. It also comes in handy should the opposing insurance company not pay out timely when the other driver is at fault.

It may help to speak to a car accident lawyer after an accident. A car accident lawyer can help you understand what happens next with your insurance company and the other driver. 

4 Types of Personal Injuries

Pedestrian Accident Lawyer

You might be wondering whether you have a viable personal injury case on your hands. As a pedestrian accident lawyer in Kansas City, MO from a firm like  Royce Injury Attorneys LLC can explain, you can gauge the validity of your case by comparing it to preexisting cases. There have been many personal injury cases throughout history, and these cases can all be placed into specific categories. Take a look at this list of four types of personal injury cases and see which sounds the most like your current situation.

1. Motor Vehicle Accidents

Motor vehicle accidents are quite common, and depending on your commute you might see them almost every day. These accidents occur when someone driving a car, bus, or truck makes an illegal maneuver or fails to pay attention to the road, which leads to one or more vehicles being struck or losing control. Drivers who speed and those who text and drive are frequently involved in motor vehicle accidents. People can sustain spinal cord injuries and broken bones as a result of such accidents.

2. Pedestrian Accidents

Pedestrian accidents involve an individual who is not in a vehicle being struck by a moving object, such as a car or motorcycle. A pedestrian can file a personal injury claim if he or she can prove that the person driving the vehicle was negligent in some way. For example, a driver could have run a red light or failed to stop at a stop sign. Pedestrians may suffer bone fractures or brain injuries after an accident.

3. Nursing Home Injuries

Elderly people can be abused or neglected while residing in a nursing home. Some senior citizens might fall and damage their skin and bones because nursing home staff members did not assist them correctly. Others have been victims of staff members who make grievous medication errors, fail to treat their infections, and forget to feed and hydrate them. People can file a claim on behalf of their elderly relatives if they can prove that nursing home practitioners and assistants mistreated them or did not conduct themselves professionally.

4. Animal Bites

Animal bites often occur when a pet, such as a dog, attacks an individual. Such bites can lead to nerve damage, severe infections, disfigurement, and emotional distress. Victims of animal violence must prove that the pet owner’s actions caused the attack. Maybe the owner did not leash the pet, or he or she let it roam without supervision. Keep in mind that many homeowner’s and renter’s insurance companies compensate victims of pet bites.

There are several kinds of personal injury cases. Contact a personal injury attorney as soon as you can to determine whether you have a legitimate one.

What Is the Statute of Limitations for Filing a Personal Injury Lawsuit?

Personal Injury Lawyer

Statutes of limitations are state laws setting forth the times within which you have to file various types of lawsuits and other restrictions pertaining thereto. Each state has its own set of statutes of limitations, and they vary widely from state to state.

With regard to filing a personal injury lawsuit, the SOLs of most states give you 2-3 years from the date of your injury in which to file your suit. This time frame, however, may be considerably shorter depending on the type of personal injury lawsuit you file and against which defendant(s) you file it. Your wisest course of action is to contact an experienced local personal injury lawyer like one from Hall Justice Law Firm as soon as possible after your accident who can advise you of your state’s statute of limitations for your type of injury.

Types of Personal Injuries

Keep in mind that you can sustain a personal injury from a variety of causes, including the following:

• Motor vehicle accident
• Motorcycle, bicycle or pedestrian accident
• Boating or other waterway accident
• Medical malpractice
• Nursing home abuse or neglect
• Slip, trip, fall or other premises liability accident
• Defective product accident
• On-the-job accident

Types of Defendants

As stated, your state’s personal injury SOL may well depend on not only what type of injury you sustained, but also on the person or entity you plan to sue. For instance, many states severely limit the time in which you can file suit against a municipality, city or county if poor road conditions contributed to your accident.

Amount of Damages

Sometimes a state law will limit the amount of damages you can receive in a personal injury lawsuit, especially if the court determines that you were partially to blame for your own injuries.

Other laws, called damage caps, most often apply to the amount of punitive damages, if any, you can recover in addition to your economic and non-economic damages.

Still other laws may severely limit the circumstances under which you can sue an employer or coworker in addition to filing a workers’ compensation claim if you sustain a work-related injury. They may also limit the amount of damages you can receive in such a situation.

All in all, navigating your way through your state’s personal injury statutes of limitations and other laws can be quite tricky, at best. This is why you need the advice, counsel and representation of an experienced local personal injury lawyer who can ensure that your lawsuit is filed against the proper parties within the allotted time frame.

Various Types of Personal Injury Claims

Do I need a Personal Injury Lawyer?

Cars and truck Mishaps: These mishaps can be due to the result of dui, speeding, negligent driving, and even being distracted by a cell phone.

Product Liability: Drownings, falls, burns, and poisoning can arise from defective products.
A pressure cooker that opens before it is depressurized and triggers burns is an example of this.

Medical Malpractice: Incompetence or negligence of a physician can cause surgical errors, inaccurate prescriptions, misdiagnosis, and giving birth injuries and prevail reasons for these claims.

Leaving a surgical tool in a body during a treatment would be considered medical malpractice.

Workplace Injury: If you slip and fall, were not trained to utilize equipment correctly, or were required to utilize faulty devices or products and are harmed on the job, you might have a case for injury.

Failure to train a staff member in the appropriate use of a forklift yet enabling the worker to operate it, triggering harm to themselves or others, is an example of this.

Properties Liability: This specific claim can be made due to hazardous or faulty conditions on someone’s residential or commercial property.

Someone who falls and breaks a leg since the owner stopped working to provide a warning about an unsteady staircase can submit a personal injury claim.

Other Examples:  The above examples prevail accident claims, but there are many more.

Attacks, repetitive strain injury, and dental mishaps can result in accident lawsuits also.

The Numbers

The U.S. Department of Justice has reported that there are over 400,000 injury claims each year.

• 52% of personal injury claims were due to automobile accidents
• 17% was because of premises liability
• 15% were the outcome of medical malpractice
• 5% happened due to item liability

Alabama has a two-year time limit from the date of injury to file a claim and does follow a “contributing negligence” guideline. This indicates that if you are at fault for any part of your mishap you may not receive any financial settlement.

Victim’s Rights

Personal injury claims are meant to protect the rights of the victim. It is very important that you do not think twice to get in touch with an attorney to secure those rights.

Usually, with the help of a lawyer, you will also recover more financial compensation due to the fact that your case existed by a professional who comprehends the laws pertinent to your case.

There are several different aspects to this type of law, as a Memphis personal injury lawyer like the ones at the law offices of Patterson Bray, can explain.

Nursing home lawyer

Victims of Nursing Home Abuse 

Nursing Home Abuse

If you believe that your loved one is being abused at their nursing home, then assure them that you are doing everything you can to help them out. Abuse is a serious allegation and one that should be taken seriously with evidence and proof that the abuse is occurring. Once you know for sure this is happening, it may be in your best interest to consult with an experienced nursing home lawyer to assist you with how to go forward with this unfortunate circumstance. Your lawyer will understand how to proceed and will know what actions to take against the home in a possible lawsuit. 

What to Look Out For

If your loved one is telling you stories about staff members verbally abusing them or chastising them, then this is especially serious. Their mental health may be affected negatively by staff talking down to them or even making threats against them. Write down any of this information that your loved one provides to you as it could be quite significant and important as your case begins to develop against the nursing home. If you see signs of physical abuse that are unexplainable like bruises, cuts, bedsores, and other strange things, then it may be especially useful to document this and find out from your loved one why they occurred. If they seem visibly afraid to explain why or refuse to answer, then there is a chance that they are being physically abused. 

Don’t Panic

When you first hear of abuse from your loved one at the home that is supposed to be caring for them this can come as quite a shock. Don’t panic and jump to immediate conclusions right away. There needs to be enough information in place in order to stop the abuse from going on and eventually taking action against the nursing home. Your lawyer can assist you with all of this information gathering, evidence, testimonials, and more. 

Confide with Legal Counsel

Legal representatives who are experienced and skilled in nursing home law such as Davis & Brusca are ready to help you with your case. Contact one today if you believe your loved one is being mishandled, neglected, or abused at the home that is supposed to be making their life better. A lawsuit or claim against the nursing home could prevent this from happening to other individuals in the future as well. 

Personal Injury And Your Child Support Agreement

If a recent injury accident resulted in you receiving a settlement for your damages, you may be wondering how that compensation might affect the amount of money you pay in child support. After all, child support is based largely on the amount of earned income of the parent. In consideration of the child’s needs (including school costs, food, medical care, clothing, and housing), any income that the support-paying parent receives, may trigger the court to increase the amount of payments. That said, not all additional income is subject to this. 

How a Judge may View the Personal Injury Award You Received

It’s important to understand that the award or settlement is not considered as one lump sum by the family court judge. Because settlements include monies for damages such as medical treatment, the portion of the award that reflects the medical bills of the injured party is not considered income. In fact, much of the settlement may not be seen as additional income. However, if there is a portion of the settlement that is intended to replace the wages that were unearned because of the individual’s injury, then that will probably be counted as regular income. For example, if the settlement was for $100,000, and $25,000 of it was to replace the wages that the person would have earned if not injured, and the rest of the award was for medical bills, pain and suffering, only the $25,000 would be counted as income. Therefore, the total amount of income considered by the judge when determining the amount of child support might not be any higher than if the individual had not been injured. Because every case is different, it is important to consult a family law attorney to be certain.

Evaluating the Needs of the Child

Of primary consideration to the family law court judge is the welfare of the child. It is the judge’s responsibility to ensure that the child’s needs are prioritized above the parents’ when making any rulings such as on child support agreements. Therefore, if you receive income via a personal injury award, your lawyer may advise you that it must be reported to the court. Not doing so could put you at risk for breaking various laws and could result in serious penalties.

Additional Considerations

It’s important to seek insight from a family law attorney about how your child support payments may be affected, because there are many factors that could impact the judge’s decision. For example, you may receive a settlement for a personal injury lawyer but at the same time you may have agreed to care for your child during recovery because you’re not able to work. This may save the other parent daycare fees and enable them to work additional hours. The judge may then hold back less of the wage portion of your injury settlement. With a family law attorney by your side to advocate on your behalf, you can ensure that your child is appropriately considered without getting taken advantage of by your former spouse.

How Long The Divorce Process Will Take?

Divorce Lawyer

If you’re itching to get out of your marriage, you might start to wonder how long the divorce process will take. Perhaps you’ve been in a bad situation for too long and you’ve finally got the courage to get yourself out of an abusive environment. Maybe your spouse cheated on you and divorce can’t come soon enough. Maybe your spouse is incarcerated and you can’t live with his or her guilt. In any case, there are some factors that will help determine how long the process takes, as an attorney, can explain.

The State Where You Live
Each state has a mandatory waiting period the couple must abide by before the divorce can be final. It’s different in every state, so you should understand your time period so you don’t get discouraged. For example, in Alabama, you have to wait 30 days after you file the paperwork before the divorce can be finalized. In Louisiana, it depends on the circumstances surrounding your divorce. If you have children, you would have to wait anywhere from 180 to 365 days for the divorce to be final.

Contesting the Divorce
Regardless of whether it’s you or your spouse that contests the divorce, contesting could make the entire process last a lot longer. If you can’t decide on a custody agreement for the kids, it might take longer. If you are having a hard time letting go of some assets, you might go back and forth a little longer than usual. If the divorce is uncontested, you might be able to get away with simply waiting the mandatory waiting period in your state.

Your Home
If part of the divorce arrangement has to do with selling your home, that could add some time to the finality of the divorce. It’s possible it will take some time for your house to sell, so you might have to make some adjustments until it does. The judge might grant one spouse to live in the house during this time, or both spouses could be ordered to move out.

Mediation or Counseling
Some courts will require a couple attend counseling or go through mediation before a divorce will be granted. In some cases, this might be done in an effort to allow the couple to see the error of their ways, but many times it is so they can come to terms with what is happening. This is especially important if children are involved. Counseling also gives the couple a chance to really look at what they’re doing to determine if it’s really the right step.

Contacting Your Divorce Lawyer
A divorce could take a significant amount of time if it gets ugly, but you could also get it over with in a month, depending on where you live. If you’re ready to get the process started, contact a divorce lawyer today.

Human Errors That Cause Accidents

Car Accident Lawyer

According to crash data released by the US Department of Transportation (USDOT) in 2016, some 94% of all severe accidents were due to human error during vehicle operation. Drivers can face a number of situations that may result in making the wrong decision when behind the wheel of a vehicle. While there are a number of complications that still need to be sorted out before drivers allow their cars to fully take over; there have been many technological advancements that might help reduce the risk of an accident. If you have been the unfortunate victim of a car accident at the hands of a driver who may be held responsible, contact an attorney for their assessment of your case and guidance should legal action need to be taken. 

Human Errors That Cause Accidents

Humans are flawed. There are various factors that may result in an accident. However, only a small percentage of these factors do not involve the person driving the car, as a car accident lawyer, can explain. A high percentage of accidents are the result of human errors such as:

• Distracted Driving (cell phone use, choosing music, operating navigation, eating, reaching for something)
• Driving Under the Influence of Drugs or Alcohol
• Misjudgement of Spatial Surroundings
• Breaking Driving Laws
• Failure to Perform Necessary Vehicle Maintenance

If you have fallen victim to an accident at the hands of another driver, you may want to speak with an attorney. You may be able to hold the other driver liable for the damages you have suffered as a result. 

Advancement in Motor Vehicle Technology

Advancements in car technologies may actually help to reduce the risk of an accident occurring. Many vehicles come equipped with safety features and technology that help drivers from succumbing to common errors made:

• Adaptive Cruise Control
• Automatic Collision Brake Systems
• Lane Assist
• Park Assist
• Steering Assist

Although cars on the market today are not fully automated, they do offer a variety of options that can take some of the pressure off of driving. Driving a car equipped with this type of technology helps drivers to avoid accidents, and they can take some of the stress out of driving. 

Flaws in Autonomous Vehicles

Many of us looking to the future may imagine getting behind the wheel of a motor vehicle and letting the car do the driving. This may be further away than some might think. Self driving or fully autonomous vehicles pose a number of problems, according to tech sources. One of the most significant barriers involves the ability to keep up with the many software updates that may be needed. Look at the number of updates that are required for a cell phone. It just may be too unrealistic to expect a self driving car to be able to predict all of the unpredictabilities that come up when driving a car. 

Sometimes, the unexpected can occur, especially when behind the wheel of a motor vehicle. Poor driving conditions, unpredictable drivers and many other factors make it difficult to produce an autonomous vehicle that can respond when faced with the number of unknowns on the road. Although a driver may never be able to sit back and allow a car to completely take control of the driving, some motor vehicle advancements may be able to help reduce the risk faced by drivers. If you have fallen victim to a car accident, the aftermath can be completely devastating. Contact a car accident lawyer to learn more about how they may be able to help you should legal action be necessary. 

If I’m Working Remotely, Can I Still Make a Claim?

Personal Injury Attorney

With the pandemic ravaging the country, one major shift in the societal infrastructure is that it has become more common to see people work remotely. The idea is that if a job can be done online from home, a company will mandate that position be done remotely. This way, essential work can continue while satisfying quarantine measures and guidelines. Some jobs are completely online, while others are a hybrid of online work and physical work, requiring a level of manual labor. Suppose that you are injured during work at home while doing your job. Since this isn’t a typical office setting and is in fact the privacy of your own home, is it still possible to make a personal injury claim? You can, but only under the right conditions.

Conditions: Your claim must first be valid, and for it to be valid it would need to actually be related to your job. For example, stubbing your toe on your bedpost on your way to your desk isn’t a valid claim. So consider these questions before making a personal injury claim: Was the action that caused your injury approved by your employer? Was it beneficial to your employer? Did the job require this action be performed? If you answered yes to any of these questions, your claim will likely be valid, because it wouldn’t make a difference if the action was performed at the office/workplace or at home since it was part of the job. The potential of injury would always have been there, regardless of the location.

Does your company have workers’ compensation? Just about any place that has positions involving manual labor has a form of worker’s comp. If your company does, you likely signed a contract protecting them from lawsuits while giving you the benefit of a guaranteed payout for your injury. If you’re under contract, there are still ways to make a claim, but the conditions will be different. Say, for instance, for you to have a valid claim, your employer needed to have performed an intentional act that injured you.

Awareness: As a general condition, while working remotely you need to maintain regular communication with your employer. Just because you’re not in the same building anymore doesn’t mean that you can just do whatever you want to do and the courts will look favorably on this. If your employer is unaware that you are performing the action that caused your injury and the action didn’t serve to benefit your employer or the position, then you are culpable for committing this act and you can’t make a claim. 

Before you move forward, you may want to consider contacting a personal injury attorney, or an attorney at Patterson Bray.