Sports Fans and Injuries: Who Is Liable When Accidents Occur?

Personal Injury Lawyer

It’s not uncommon to see a stadium fan sustain an injury during a game, but if it’s a serious injury, they may be best served by contacting a lawyer, like a personal injury lawyer from Frederick J. Brynn, P.C. Serious injuries occur across the United States in professional sports arenas, coliseums, and baseball stadiums. They also happen at regional parks and local fields. In many cases, the injuries are minor, but unfortunately, this is not always the case. Sometimes an accident is simply an accident. However, a good personal injury lawyer can review a case and determine if there is liability on the part of someone else, and in that case, the victim is entitled to compensation from the negligent party. Call a lawyer today to schedule a consultation and learn more.

When is an accident considered an act of negligence?

This is a difficult question to answer because the answer depends on the numerous variables involved. A skilled personal injury lawyer can review those variables and come to an informed conclusion as to whether or not the individual has a valid claim. Though there are often signs outside of stadiums that warn of possible personal injury to fans, this does not necessarily protect all parties from injury claims. This is why it’s important to contact a personal injury lawyer to learn if you have the right to receive compensation for your damages. Here are examples of scenarios in which the injured person might have a valid claim against one or more parties:

  • A baseball stadium has safety netting behind home plate, but the park owners have not maintained the integrity of the netting. This allowed a baseball to come into contact with a fan at a high speed, which made it impossible for the fan to avoid its trajectory. The resulting contact with the ball caused a significant and catastrophic brain injury.
  • During construction or upgrades to a stadium, the area that was being worked on was not securely closed off to the public and as such, allowed fans to access it. As a result of coming into contact with the hazardous conditions, they sustained a severe injury.
  • A broken railing at a stadium had been reported to the park’s ownership or management but the responsible party did not address the issue within a reasonable period of time after being notified or becoming aware of that hazard. As a result, a fan fell through the railing and suffered a serious or fatal injury upon impact with a lower surface or the ground.
  • A broken escalator or staircase was not safely secured to prevent fans from using it, and as a result, a fan was seriously injured or killed.

How can a personal injury lawyer help me recover my damages?

A sports arena’s management company or owner may deny an injury claim filed by a fan who sustained a serious injury through no fault of their own. A good personal injury attorney will represent victims injured due to the negligence of others and recover maximum compensation on their behalf.

Bicycle Accident FAQs

Personal Injury Lawyer

Biking in cities has been on the rise over the past few years with the introduction of Citi bikes and the popularity of delivery services like Grubhub or Postmates. While biking is a convenient way to get around the city, it can also be quite dangerous. Motorists rarely respect bikers’ rights to share the road, leading to life-altering accidents. If you recently suffered injuries in a biking accident, you likely have many questions about next steps, potential damages and lawsuit claims. Here are some answers to a few frequently asked questions.

What Should You Do After You Are Injured in a Bike Accident?

As soon as you are injured in a bicycle accident, you should immediately seek medical attention, even if you aren’t completely sure of the severity of your injuries. Then, if you are physically able, you should file a police report and take photos at the scene of the accident. This information will be imperative if you choose to file a personal injury lawsuit. Make sure to write down everything you recall about the accident and speak to the driver and any witnesses to record additional relevant information. The police will keep a copy of this report on file and you can access it if needed.

Can I Sue the Driver Who Caused My Accident?

If your accident was caused by the negligence of the driver, then you can file a personal injury claim. There are many different kinds of damages that a victim may be able to claim, as an attorney, like a personal injury lawyer from a firm like the Law Firm of Frederick J. Brynn, can explain. Once you have your written report and any pertinent information from the scene of the accident, reach out to a personal injury attorney to discuss the next steps in filing this claim.

How Can I Prove Liability?

In order to receive damages from your personal injury claim, you and your attorney must prove that the driver was legally liable for your injuries. The best way to prove this is with a strong combination of a written report, witness testimonies and photos from the scene of the accident. If you don’t have these on hand, contact the police and have them provide a report of the accident.

Can I Receive Damages for My Accident? 

If you win your personal injury case, you can receive damages for your accident. Depending on your specific accident, these could cover:

  • Bicycle repairs
  • Medical bills 
  • Lost wages or income
  • Emotional suffering 

How Long Will the Case Take to Settle? 

There is no set timeline for your personal injury case because it depends on medical care, attornies, insurance providers, and at-fault parties. The full process can take anywhere from a few months to a few years.

How Do You Know if You Have a Personal Injury Case?

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If you’ve been injured in an accident, you might be wondering if you have a personal injury claim. Not all accidents rise to the legal requirements of a personal injury claim. It depends on the situation and the laws in your state. Here are some things to keep in mind.

What Is Required For a Personal Injury Claim? 

To receive monetary compensation in a personal injury case, you’ll need show three different things:

  1. You have to show that the responsible party was careless or negligent. For example, in a driving accident, this could be driving under the influence or running a stop sign and causing an accident.
  2. You have to show that the negligence led to harm. Essentially, this means that the accident was caused by the negligence of the other person. In the above example, the driver ran the stop sign and ran into your car, which caused the accident.
  3. You have to show that your injuries are compensable, which is a fancy way of saying that you lost money because of the accident. If your injuries were mild, you wouldn’t have a strong claim.

Proving Fault Can Be Difficult 

Most personal injury cases revolve around who was at fault for the accident. If you file a claim, you are responsible to prove that the other party was at fault. It gets even more complicated in states that use comparative or contributory negligence laws. In comparative negligence, you may be partially to blame for the accident or damages. For example, if you weren’t wearing your seatbelt, the defendant could argue that they shouldn’t have to pay for all your injuries. In states with contributory negligence laws, if you play any part in the cause of the accident, you can’t sue for damages. A personal injury lawyer who understands the type of case you’re dealing with can help you sort through the laws in your state to take the right steps.

Don’t Discount Your Case Based on Laymen’s Knowledge 

Your neighbor or best friend who isn’t a lawyer should not be advising you about your chances of getting a settlement. You should always go to a lawyer to get a full assessment of your personal injury claim. The law is complex. There are a lot of exceptions that could apply to your case. To find out if you have a case, contact a personal injury lawyer, like the office of The Law Firm of Frederick J. Brynn, P.C.

Why You Should Hire a Personal Injury Attorney

Personal Injury Lawyer

While recovering from your injuries, have you considered filing a claim against the liable insurer? Do you plan on reaching out to an attorney? Too many people mistakenly think that a personal injury claim is easy and can be handled without the additional expense of an attorney, but that is not exactly accurate. Lawyers help ensure that you get a fair judgment or settlement. However, there are several other reasons to hire a lawyer.

  1. No Money UpFront

Most personal injury lawyers work on contingency, which means that you do not pay them anything upfront. A contingency agreement also means that the only way you have to pay for attorney fees is if you win your claim. Unfortunately, while the payment arrangement is lovely, keep in mind that attorney fees range from 30 to 40%, depending on the difficulty of the claim.

  1. Protection Against Unfair Allegations

There is a fairly standard rule when it comes to lawsuits: say nothing. Insurance companies will send adjusters to your home, and sometimes your hospital room to talk to you about your claim. Most of these representatives will seem friendly-enough, but they will most likely ask to record your conversation. Insurance agents do not care about your injuries or recovery. They are only out to protect the interests of their employer. Hiring an attorney can protect you from these shady meetings because you can just explain that the representative can talk to your attorney. Your lawyer knows how to phrase answers to protect your interests and claim.

  1. Help Finding and Getting Treatment

Your attorney is more than a legal professional; they are your advocate. Sometimes it is difficult to find or afford the treatments necessary for your recovery. Most personal injury attorneys have relationships with hospitals and medical professionals, allowing them to negotiate on your behalf. Also, if you are struggling financially, your attorney can make arrangements for recovery expenses to come out of your settlement.

  1. Greater Odds

If your objective is to receive the most money possible through your claim, then hiring an attorney is the only way to go. A lawyer dramatically increases your odds of a successful filing. Also, an attorney will more than likely be able to reach a settlement agreement, avoiding the lengthy and costly court process.

While you may be tempted to file your personal injury claim without legal representation, consider the benefits and advantages of hiring a professional. To find out how to pursue your injury case, consult with a personal injury lawyer, as soon as possible.

When Could a College Be Liable if a Student Is Murdered?

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Colleges around the world work diligently to provide a positive learning experience for students. These institutions should also emphasize safety and ensure that everyone can pursue their studies without worrying about their well-being. Unfortunately, tragedies can strike on campuses, resulting in terrible crimes such as murder. While the fault of many of these incidents rest solely on the shoulders of the perpetrator, there could be times when the school is held liable. If a loved one was killed on a college campus, you may wonder whether to pursue a wrongful death suit against the school.

Security Lapses

In a campus murder, attorneys in a wrongful death case may start by examining what type of security the school had. Many colleges have their own police forces, while others rely on private security. Some colleges use both. A college murder case may at least partially be due to a lack of security measures to prevent the incident. For example, lawyers may find that the campus has an insufficient number of officers. Or, an attorney may deem that the officers were not properly trained to provide a safe environment. Another issue could be that campus police or security failed to follow up on leads or warnings that could have prevented the crime.

Ignoring the Signs

A campus may be liable for a student murder if administrators and other leaders failed to seriously investigate claims of threats or violence. The victim may have previously complained to an instructor or to other authorities on campus about other students or people in the area. The murdered student may have spoken about fearing for his or her life. If these cries went unheard, a lawyer may find that the school was negligent. Another example could be if the murdered student had complained that a fellow student was threatening him or her but the school failed to speak to the alleged perpetrator. Or, perhaps the school knew about a student who had a criminal record or who had a violent history but did nothing in response.

Lack of Resources 

Campuses should have safety measures should as panic call boxes, plenty of lighting along paths and student organizations to protect and comfort students. If these measures don’t exist, and the school knows they should but did not act, a wrongful death suit could be warranted.

Review these issues with a personal injury lawyer, like from Darrell Castle & Associates, today. Find some peace of mind in the wake of your loved one’s murder.

Personal Injury Cases

Personal Injury Lawyer

Being involved in any type of accident can be very traumatized and life changing. In most cases, individuals can pursue a personal injury claim against the person at fault for any injuries incurred due to an accident. To do so, there are a few things that need to be done to prove that you indeed have a case against an at-fault party. If you or someone you know has suffered an injury due to the negligence of someone else speak with a personal injury attorney, like a personal injury attorney in Atlanta, GA from Andrew R. Lynch, P.C., as soon as possible.

It is sometimes exceedingly difficult to prove that injuries were sustained due to another person. There are several other parties involved that can either agree with yours and those are not the story or that have a completely different version. Insurance adjusters for example. Insurance adjusters investigate the claim made by the injured individual. Unfortunately, insurance companies do not like to pay out monies, they prefer to collect.  Having injuries is what builds the case. Injuries Can vary from physical to emotional. And none of these injuries should be because of you. Insurance companies will try to find any to be responsible for damages caused to you.

Do you not let insurance companies deter you from pursuing a claim. Therefore, it is important for you to speak with a skilled attorney in your area. Not every case goes to trial, by speaking with a skilled attorney you Will learn what works in your favor and what does not. 

Your attorney will let you know what you need to Do for the best outcome. If there is an injury you should seek medical attention. By having a record of injury this will show the accident some sort of suffering. Having medical records also means you have medical bills. Medical bills Will aid you in Calculating what is owed to you or your loved one. 

Suffering from A personal injury is a lot. You do not have to go through it alone. If you know someone that has suffered an injury in any regard and in any situation, this means beyond a motor vehicle accident, contact a personal injury attorney in your area as soon as possible. wow you are my loved one focuses on healing the personal injury attorney will do the work to ensure that you are compensated for your pain and suffering. Speak with an attorney as soon as you can.

Common Types of Pharmacy Malpractice

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Many people believe that medical malpractice cases only involve doctors and surgeons. However, other medical professionals can also be negligent, including pharmacists. Pharmacists must go through extensive training to ensure they adhere to specific guidelines to keep their patients safe. If they fail to act with due care, they risk their patients’ safety.

Here are the common types of pharmacy malpractice.

Dispensing the Wrong Dosage

Before giving patients their prescribed medication, a pharmacist must dispense the correct dosage. If the pharmacist gives a larger dosage than prescribes or gives instruction to take the drug too many times, a patient can overdose.

Dispensing the Wrong Drug

Believe it or not, sometimes patients leave the pharmacy with the wrong medication. This is more likely to happen when two patients have similar names. The pharmacist may be more likely to mix up the names and dispense the wrong medication. The pharmacist is also more likely to dispense the wrong medication if the prescription is difficult to read or a prescription is similar to another prescription.

Not Providing Adequate Counseling

Pharmacists have a duty to provide patients with specific instructions about how and when to take their medication. If they don’t give proper instructions, patients might not know exactly how much of the drug to take and take too much or too little.

Failing to Ask About Allergies

It’s important for pharmacists to find out if patients have any allergies that would keep them from taking a medication safely. If they assume that the doctor has already asked the patient about allergies and dispenses the drug anyway, they might miss dangerous drug allergies.

Not Catching a Drug Interaction

Pharmacists have a duty to know about possible adverse reactions to medications and possible interactions with other drugs. They must be aware of risk factors for a bad reaction and give patients the proper warnings. If they don’t do this, patients are in danger of experiencing complications, like nausea, diarrhea, bleeding, dizziness and trouble breathing.

Were You a Victim of Pharmacy Malpractice?

If you are the victim of pharmacy malpractice, you may be eligible for compensation. It’s important to discuss your case with an experienced medical malpractice lawyer, like a medical malpractice attorney as soon as possible. He or she can help you file a timely claim and improve your chances of getting the compensation you deserve. Your lawyer will handle all communication with the insurance company, so you don’t have to worry about a thing.

Bounce Back With Caution After Bankruptcy

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One of the biggest fears that people have when considering bankruptcy is their credit score. Will they ever be able to build their credit again? Is it better to keep the debt and pay it off than to file bankruptcy? In a lot of cases, bankruptcy is the better option. This is especially true if your debts are too high that you will not be able to pay them off within the next five years. If you decide to file bankruptcy, don’t worry, you can still rebuild your credit! You just want to stay careful through the process.

Remember Why You Filed Bankruptcy

Once you file bankruptcy, after it’s over, it is easy to forget the amount of stress that you were in before you filed. You do not want to go out and get a credit card right away. In a lot of cases, you cannot receive one right away and if you do receive offers as soon as you are finished with the case, these are going to be credit cards with high interest rates. You want to be careful about the credit cards that you choose. You do not want to end up in the same position that you were to begin with. Only apply for cards that you can afford and make sure that you always have money to pay off the balance.

Consider a Secured Credit Card

Secured credit cards are a lot like unsecured credit cards. They work the same. The big difference is that you have to pay a refundable security deposit. The deposit that you pay will serve as your credit limit. This provides your card issuer with collateral. You can then use the credit card like you do any other credit card and make your monthly payments. The best part about these cards is that they have a lower interest rate and so you can use them without fear of being unable to pay them off.

When it comes to bankruptcy, you can always build your credit again. This is a tool that can help you alleviate some of your debt, but it does not have to ruin your credit forever. You will bounce back! It is important that before you rebuild your credit that you take care and practice caution so that you do not end up with overwhelming debts again. To find out more about bankruptcy and what to expect after you file, consult with a bankruptcy lawyer, like a bankruptcy lawyer in Memphis, TN, today.

 


 

Thank you to the experts at Darrell Castle & Associates for their input into bankruptcy law. 

Who Can File a Wrongful Death Suit?

Personal Injury Lawyer

When you lose a family member because of someone’s negligence, it is tragic. When you lose someone due to another person’s actions, you may be able to file a civil lawsuit. Wrongful death lawsuits are a vehicle for loved ones to receive compensation. Here is your guide to who is allowed to file a wrongful death claim.

Who Can File a Wrongful Death Suit?

Every state has its own laws that dictate who can file a wrongful death lawsuit. This is why it is crucial to find out your state’s laws. In many states, it is a family member who suffered damages with the death of a loved one. Damages include:

  • Medical bills
  • Loss of income
  • Pain and suffering
  • Loss of companionship

In many states, the family member has to be a spouse, child, or parent of the deceased person. In other states, the only person who can file a wrongful death suit is the personal representative. This is a person chosen on the behalf of the decedent’s estate and for the benefit of surviving family members.

In some cases, a state may give categories to family members. For instance, there are family members that may receive priority over others when it comes to who can file the lawsuit. If you are unsure of the priority, you can always contact a wrongful death lawyer.

Can You File a Wrongful Death Suit?

If you are a surviving family member who can legally file suit under your state’s laws, then the answer is yes. If you are unsure if you have the right to file suit, talk to a wrongful death attorney. An experienced lawyer will know who can and cannot file a wrongful death suit. If it turns out that you are not able to, then he or she can point you in the direction of the person or family member that may be able to. It is important to talk to a lawyer before you file a lawsuit to ensure that you have the right to do so.

A wrongful death lawsuit is always a difficult process. After all, you are already dealing with the death of a loved one, only to have to deal with the court process. To find out that someone else may be responsible for the loss of a family member can be devastating. You don’t have to navigate the case on your own, though. Contact a wrongful death lawyer, as soon as possible for your own advocate.

 

First Time Offender? Here’s What You Need to Know

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If this is your first time being arrested for a crime, it’s only natural to be concerned about what is to come. Luckily, you do have options to protect your future, so consult with a criminal lawyer for assistance and guidance during this time.

What happens after I am arrested or charged?

After you’ve been charged with or arrested for a crime, there are multiple ways your situation could move forward from there. You could be arrested before charges are even brought–such as at the scene of an accident–booked into jail and then charged. You may be given a notice to appear in court. In either case, at this point, your case is officially in the system and will move forward.

Since the outcome of your case can vary, it’s crucial to work with a criminal lawyer if you think you will be charged and arrested or you have already been charged or arrested. An experienced attorney can explain your options and help build a strategy geared toward getting you the best potential outcome in your case.

It’s vital to keep in mind during this time that you are not automatically guilty just because you were arrested and/or charged. The prosecutor in your case has to prove in court that you are guilty before you receive any penalties. It’s important that you stay calm and allow your criminal lawyer to handle your case.

What penalties will I face?

There are a lot of potential penalties attached to the various criminal charges. Each offense is different and will come with its own set of consequences. However, there are some common penalties that a person convicted of a crime could be subject to, even if they are a first-time offender. These include time in jail, fines in high amounts, misdemeanor or felony convictions that remain on your record, community service time requirements, and probation. Depending on what you are charged with, a conviction could also impact your driver’s license and your ability to get a job in some fields or even in general.

A first-time offender may be subject to the same sorts of penalties as those who have been convicted before, but the law is sometimes forgiving toward people who do not have a criminal background. For example, there is a pre-trial diversion program that allows people charged with their first offense in some areas–such as drugs–to avoid a criminal record by following the terms of an agreement. This agreement may include things like probation, treatment programs and educational classes. A person who has been charged with a drug offense on the federal level may also be able to take part in the federal diversion program.

Preparing your defense

Being arrested for the first time in your life can be a very stressful experience, and it can have severe consequences. Work with an experienced lawyer in Denver, CO from the start of your case so your rights are protected and you have guidance throughout the legal process.

 


 

Thanks to Richard J. Banta, PC for their insight into criminal law and first time offenders.