Common Questions Victims of Slip and Fall Accidents May Ask a Lawyer

Slip and Fall Lawyer Memphis, TN

Everyday, people suffer accidental injuries due to slip and falls. Such incidents can happen when a person is walking around in unsafe property conditions. Many people make the incorrect assumption that the fall was their fault to begin with. However, slip and fall accidents are not always cut and dry, as there may have been an individual or party that caused the tumble to occur in the first place. The costs to treat a serious injury because of the collapse can be expensive. A person who has fallen may consider talking with a lawyer about how to seek compensation for this financial loss.

Here are some of the most commonly asked questions and answers, that victims of slip and fall accidents may ask a lawyer when receiving a consultation:

What are immediate steps I should take after the slip and fall?

If you haven’t already, a lawyer is likely to suggest you get a medical evaluation so a doctor can document the injuries which resulted from the slip and fall. If you were to seek compensation from the person responsible, it may be more difficult to get the amount you are looking for if you did not get medical attention soon after.

Why do slip and falls happen at all?

There are an abundance of culprits that can lead to a person slipping, tripping and falling onto the ground. Such accidents can really happen anywhere and at any time, especially in environments where a business owner or landlord is careless when it comes to maintaining the property. More specific examples of how a slip and fall accident may arise can include things like:

  • Defects, cracks, holes, depressions, or uneven pavement
  • Rain, snow and ice accumulation in a common walkway
  • Worn, torn, frayed or raised carpeting
  • Poor lighting in certain areas which made it difficult to see properly
  • Broken or missing handrails on staircases
  • Spilled piles of food and/or drinks
  • Retail store products that fell off the shelf into the isle
  • Exposed wires and electrical cords

How much could my slip and fall case be worth?

There is no straightforward answer for how much a person may get in compensation if they were to file a slip and fall lawsuit. The amount the victim may receive can depend on several factors, including the cost for medical bills, loss of earnings and other damages. A person who sustained a sprained ankle is not likely to get as much as someone who was hospitalized for excessive bleeding. Perhaps the best way to find out what your case may be worth is to meet with a qualified lawyer in your area.

Is it necessary that I hire a lawyer?

It is not required that you obtain legal representation for your slip and fall accident. However, if you try to go about the process of filing a lawsuit against a corporation or person of high standing without legal insight from a slip and fall lawyer in Memphis, TN from Patterson Bray, things may not unfold the way you so desire.

Does a DUI Affect a Person’s Ability to Get a Green Card?

DUI Attorney

Many people make mistakes driving every single day. In some cases, the mistake may be as minor as a speeding ticket or accidentally rolling through a stop sign instead of coming to a full and complete stop. However, there are other much more serious driving mistakes that a person can make, including being charged with a DUI. Driving under the influence is a very serious crime, and it can affect the rest of your life. Unfortunately, if you are not a U.S. citizen and are hoping to adjust your status by applying for a green card, you will inevitably be faced with the question of whether you have been charged with or convicted of a crime. Thus, when a police officer charges you with a DUI, the first thing you should do is speak with a DUI attorney as soon as possible. They will go over the details of your case to see the best way to help you.

A police officer has charged me with a DUI. Is it still worth pursuing a green card?

Yes! One of the most important things you can do after an officer has charged you with a DUI is act quickly. That means calling our office and setting up your consultation immediately. There are certain crimes that a court will consider “inadmissible.” This means that if you commit a certain crime and are charged or convicted, a court would deny you of a green card. However, this can depend entirely on the court as well as the state you reside in. Attorneys can help you with this.

What does it mean to have a court convict you of a DUI?

Unlike a charge, when a court—or a judge—convicts you of a DUI, it means that they have found you guilty of that crime. In addition to the conviction, you will likely face additional punishments or penalties. It is important to speak with us about what the Immigration and Nationality Act says about the conviction of crimes.

Does a DUI conviction mean I have committed an inadmissible crime?

This will depend on a variety of factors. For example, when a court determines that you have committed a crime that makes you inadmissible, it typically involves a crime of moral turpitude. When you commit this type of crime, you must have committed it with intent. Thus, most people do not drive under the influence with intent, meaning a court will likely not consider it a crime that involves moral turpitude. On the other hand, if you committed other crimes in addition to a DUI, a court may say you are not eligible for a green card.

Applying for a green card is a positive and exciting step in your life, and if you were charged with a DUI the first thing you should do is seek help from a DUI attorney in Washington, DC. They will work hard to clear your name as you prepare your green card application.

Thanks to the Law Firm of Frederick J. Brynn, P.C. for their insight into criminal defense and how a DUI can affect your green card application.

Cyclist Hit By Car

Bicycle Accident Lawyer

So one beautiful spring day you decide to take a bike ride. You got your bike as a Christmas gift but the roadways and sidewalks have been far too dangerous to ride on all winter. You finally get lucky and catch a beautiful day in the sun, so you take your bike to the local coffee shop instead of your car. You approach a crosswalk and receive the signal to cross. At that same moment, someone decides to run through the red light. You are struck immediately and your life flashes before your eyes. The only thing you hear is loud ringing and constant apologies and “are you okay?” But you aren’t.

When this happens to you, if you are lucky enough to still be alive, there are steps you have to take immediately and it is somewhat simple:

·      Get to safety. While you are in pain, you must get out of the way of danger that may come again. Hopefully the person that did this is there and can assist you also, but staying in the road will not do.

  • If the driver is still around, and you are able get their name and contact information. If it is a hit and run try your best to get the vehicle information before it is out of your sight.
  • Contact the police. Report what happened immediately so that the time is all recorded and help can come to you. You may not always feel everything in that moment but you need medical attention.
  • When the medics and police arrive, tell them every last detail. If you can take photos this is also helpful. But tell the police how it happened, who it happened to and who caused it, where you were physically and location wise.
  • Get the medical attention you need. Again, you may not feel it yet but you are hurt. No matter how it feels.
  • Contact your insurance company and an attorney; you will not be able to handle this on your own. You can open the insurance claim but allow your attorney to speak on your behalf to ensure that you are not taken advantage of.

While this was in no way in your plans, it is best to handle this as delicately as possible. Contact a skilled bicycle accident lawyer in Atlanta, GA in your area if you or someone you know has been hit by a vehicle as a pedestrian or cyclist, this road will not be easy and you shouldn’t go through this without professional help.

Thanks to Andrew R. Lynch, P.C. for their insight into personal injury cases and bicycle accidents.

Signs of Nursing Home Abuse

Personal Injury Lawyer

Placing an elderly loved one into a nursing home can be a tough decision, especially when family members consider the chances of nursing home abuse happening. Family members may want to research about the signs of nursing home neglect, abuse and exploitation so they can respond if such an incident were to be inflicted on their senior loved one. Senior residents who are unable to speak up for themselves or must rely on a caretaker entirely, may be particularly vulnerable. Sadly, many cases of nursing home abuse go unreported, as elderly residents may fear that by speaking up, they will only face worsened mistreatment.

Family members may have plenty of questions about how they can keep an eye on their senior loved one, to ensure they are being well taken care of in the nursing home. And if a situation arises in which they are being mistreated, a family member can feel empowered to take action.

Q: What signs can I watch out for to help protect my loved one from abuse?

A: Loved ones in a nursing home facility that are not being treated well, may be anxious to share this information with you. He or she may worry that if the staff finds out, they may inflict even harsher treatment for bringing it to light. Even if your loved one refuses to talk to you about the abuse, here are warning signs that may mean further investigation should be taken immediately:

  • Your loved one appears fearful, anxious, on edge and/or depressed
  • There are certain caregivers your loved one refuses to let take care of him/her
  • Your loved one is having emotional outbursts, and may even refuse to eat and/or take prescribed medication
  • The bed sheets, clothes and overall cleanliness of the room is poor
  • Your loved one appears frail, weak, has lost weight, malnourished, odd coloration of skin (and not due to a diagnosed illness)
  • Your loved one has marks on body, especially areas that are covered by clothes (chest, stomach, back, upper thighs, and bottom of feet

Q: Is there anything I can do to prevent mistreatment from happening?

A: It can be difficult to eliminate the chances of mistreatment happening to your loved one entirely. However, a great strategy for helping minimize the chances are to be immensely involved in his or her care while at the facility, in addition to visiting often. The more present family members are, the less likely the loved one is going to suffer from mistreatment since staff knows they are being watched carefully.

Q: What can I do if my loved one suffered from abuse, neglect or exploitation?

A: Family members who witness mistreatment happen, observe visible wounds that cannot be explained, or hear directly from their loved one about instances of abuse, can take action in a few ways. Firstly, before you remove your loved one from the facility, obtain evidence related to the abuse including living conditions, physical wounds, and even witness statements. File a report directly to the facility, and then meet with a nursing home abuse lawyer about how to seek justice for your elderly loved one.

 

What happens if more than one driver caused my motorcycle accident injury?

Motorcycle Accident Lawyer

Any accident involving your motorcycle can cause chaos and confusion during and after the crash, especially if you suffered an injury. If you sustained one or more severe injuries in a multi-vehicle accident, there may be more than one driver who can be held responsible for paying your medical bills and other injury costs. A motorcycle accident lawyer can help you determine who should be held accountable for paying you the compensation you deserve.

Multi-Vehicle Accidents

Depending on how your state’s laws will affect your case, the various drivers who contributed to causing your accident may be held liable to the extent of their involvement. For example, if one person caused 50% of your damages, they might be held responsible for paying half of your damages, while another person who caused 10% of your damages would have to reimburse you for that amount. This may sound straightforward, and indeed it can be, but assessing and proving the percent of culpability of each driver can be challenging as well as contentious. With the help of an experienced motorcycle accident lawyer from our firm, this process can be simplified. A legal team has the necessary skills to determine who should be held liable for a client’s damages and to what extent. Those who are liable may deny their responsibility, or their insurance company may refuse to pay you a fair settlement. In these cases, an attorney will fight aggressively on behalf of their clients to get them the compensation they deserve.

Common Multi-Vehicle Accident Scenarios Involving Motorcycles

Because a motorcycle rider has a low profile as compared to a full-sized passenger vehicle or truck, they are not always visible to motorists who are not paying full attention to the road. This is not the biker’s fault. In multi-vehicle accidents, the problem is compounded, especially as the drivers in an accident may have lost control of their vehicle. Even if they saw you on your bike they may not have been able to avoid hitting you at that point. Whether or not the below scenarios describe what happened to you, contact our motorcycle accident lawyer to learn how we can help you.

  • As a motorcyclist passes through an intersection, a vehicle coming from the opposite direction turns left into the path of the biker and T-bones or sideswipes the motorcycle. A vehicle that was following too closely behind the biker is unable to stop and strikes the motorcycle and the other vehicle.
  • A motorcyclist is stopped at a red light. A vehicle whose driver is not paying attention rear ends the biker, pushing the motorcycle into the intersection. A vehicle that has the green light and is passing through the intersection is not able to stop in time and strikes the motorcycle.
  • A truck has an open and unsecured load and is travelling ahead of the motorcycle. An object falls from the truck, striking the motorcyclist or causes the biker to swerve unexpectedly. Another vehicle travelling near or behind the motorcyclist strikes the motorcycle.

If you were injured by one or more negligent drivers, contact a law firm without delay. A Woodland Hills motorcycle accident lawyer will meet with you during a no-cost initial consultation to determine how they can assist you get the compensation you deserve.

Thanks to Barry P. Goldberg for their insight into personal injury claims and multiple drivers involved in a motorcycle accident.

Children and Brain Injuries

Brain Injury Law Firm

According to federal data, almost 650,000 children end up in emergency rooms each year because they have sustained a brain injury. The information that has collected by the Centers for Disease Control and Prevention (CDC) reveals that one in 30 children will suffer some form of brain injury before their 16th birthday. Even more alarming is that almost 35 percent of those children will end up with long-term or permanent disabilities from their injury.

Brain injury attorneys understand how frightening it can be for parents when children sustain an injury. When that injury is caused by the negligence of another party, you and your family deserve financial justice for the losses and suffering your child has struggled with. Contact a law office today to find out what your legal options may be and how we can help.

How Brain Injuries Can Affect Children

Young children are much more susceptible to brain injuries just because of the nature of their behavior and activity levels. But numerous studies have all concluded that children who suffer brain injuries can end up with serious side effects long after the injury has “healed.” These injuries can have long-term impacts on a child’s behavior, on their cognitive function, and even with their IQ. A child’s recovery from a brain injury can take years and can be delayed by other factors, including the child’s home environment and if they have certain genes.  

Infants, in particular, are more vulnerable to sustaining brain injuries in accidents. This is because their skulls are still developing and are still soft – hence the referral to a baby’s “soft spot.” An infant’s brain is quickly developing, and a brain injury can cause severe cognitive and other developmental difficulties.

Recovery from a Brain Injury

Research has shown that children who suffer mild to moderate brain injuries are twice as likely to develop attention disorders than children who have never suffered a brain injury. That risks spike to five times more likely to develop attention disorders for children who have sustained a severe brain injury.

As mentioned above, studies have shown that the home environment of a child who has suffered a brain injury can have a significant role in a successful recovery. The more stable the home is, the better odds for recovery are. In fact, it has been shown that a child with a severe brain injury who lives in a stable home environment will recover better than a child who suffered a moderate brain injury and lives in a poor home environment.  

It is suspected the reason for this difference in recovery is because a more stable home environment often means more access to medical treatments and care and therefore there is often a quicker response to seek medical attention.

Let a Brain Injury Attorney Help

If your child has suffered a brain injury because of another party’s negligence, you have the right to pursue legal action against that party. Contact a brain injury law firm Woodland Hills, CA offers today for a free and confidential case evaluation.

Thank you to our friends and contributors at Barry P. Goldberg for their insight into personal injury claims and children with brain injuries.

The Importance of Physical Therapy Post-Accident

Catastrophic Personal Injury Attorney

Motor vehicle accidents cause a lot of wear and tear on the body. Some injuries are felt immediately, some injuries are not felt until much later, and some injuries could last you a lifetime. The idea of seeking physical therapy after you have been involved in an accident is the best way to recover as quickly as possible, and that is professional physical therapy. Which may not be accomplished by simple exercise.

The purpose of physical therapy is to assist the body, which is already a self-healing mechanism, in the rehabilitation process. Some injuries sustained after a motor vehicle accident require more physical therapy than others. Below are a few reasons you should pursue physical therapy after a motor vehicle accident.

  1. Sometimes there is no way to determine how long an injury may last. By going through physical therapy, you are increasing the likelihood of the injuries you have sustained not lasting as long as they could have. Physical therapy has shown to change predicted outcomes as it pertains to injuries after a motor vehicle accident.
  2. Without physical therapy, it is likely you will not heal at all. You may even potentially worsen your injuries. Physical therapy not only helps make recovery possible, but it allows recovery to come sooner than later.
  3. While you endure pain in the midst of recovery, by deciding to go through physical therapy you are giving your body the chance to not feel as terrible. As you progress in your rehabilitation, what once was extremely painful will hurt less. When your physical therapy is specific to the injury and the area of your body that has suffered pain, by healing faster pain will also reduce faster.
  4. Several people suffer injuries that may only be resolved by surgery. However, in the event that surgery is not detrimental to your healing, physical therapy is a natural way to allow your body to heal itself without undergoing the knife and being left with extremely high medical bills and more time off from work.
  5. When pursuing a personal injury claim, any efforts made to rehabilitate will increase your chances of a winning settlement. With a medical professional providing notes to opposing counsel and insurance companies about your efforts and the extent of your pain. This is also proof that you are trying to heal, and not remain in a place of suffering and pity.

If you or someone you know has been involved in a motor vehicle accident and is currently seeking physical therapy, speak with a skilled catastrophic personal injury attorney Decatur, GA to assist with all of the back end work while you or your loved one is on the road to recovery.

Thank you to our friends and contributors at Andrew R. Lynch, P.C. for their insight into personal injury cases and the benefits of physical therapy for car accident injuries.

 

Baby Spinach Recalled Over Salmonella Concerns

Defective Product Injury Lawyer

Several products with baby spinach have been recalled due to salmonella fears, reports the Food Safety News.

At the end of January, Whole Foods Market announced the recall of various prepared food items with baby spinach across eight states due to possible salmonella contamination. This move was in connection to a previous recall of mesclun and baby spinach by the Satur Farms in Cutchogue, New York.

On January 23, Satur Farms started its recall after routine sampling done by the New York State Department of Agriculture and the Florida Department of Agriculture. At this time, it’s not known if the farm supplied the affected baby spinach and mesclun to other companies.

The affected products from Whole Foods include wraps, sandwiches, salads, pizza, and prepared bowls. The items were sold in stores in Rhode Island, New York, New Jersey, New Hampshire, Massachusetts, Maine, Florida, and Connecticut. So far, no illnesses related to the tainted spinach have been reported.

Products in the Whole Foods recall will have their scale label. Customers who bought items with baby spinach from the store’s hot or salad bars are also being asked to discard those products. In Florida and New York, tainted products were sold in plastic clamshell packaging and have the Satur Farms name on them.

Salmonella is a bacteria that can cause a serious and sometimes fatal infection in older or frail people, young children or people who have weakened immune systems. People infected with this bacteria often suffer from fever, stomach pain, vomiting, fever, nausea, and diarrhea. In some area cases, a salmonella infection can lead to the bacteria getting into a person’s bloodstream and producing other illnesses, including arthritis, endocarditis and arterial infections.

There have been several recalls due to possible salmonella contamination in the news lately. The Food and Drug Administration recently issued another warning about the sesame seed-based product tahini from Israel-based company Achdut Ltd. This recall was first announced in November, and illnesses have been reported. Since the products had a long shelf life through 2021, the administration fears people may still have tainted items in their homes.

Meanwhile, General Mills has announced its second recall of flour in the last two years. Gold Medal brand unbleached flour in five-pound bags has been recalled because the company found salmonella in a sample. They are asking people to toss the flour, which has a best-used-by date of April 2020. Back in 2016, General Mills had to issue a 45-ton flour recall because of an E. coli outbreak. In that outbreak, there were 63 confirmed cases of illnesses reported between the end of December 2015 and the early part of September 2016. The Centers for Disease Control and Prevention finished their investigation into that outbreak in September 2016 but announced at that time that more people were likely to become ill because of the long shelf life of the flour.

Tainted food can cause illness, disease and even death in some cases. If you’ve been affected by a defective or dangerous item, speak to a defective product injury lawyer.

Thank you to our friends and contributors at Richard J. Banta, P.C. for their insight into personal injury claims and food poisoning and recalls.

When Should You Call an Attorney About an Insurance Claim?

Personal Injury Lawyer

The short answer to this question is when you think the lawyer can effectively help you. What does that mean, though? It means different things to different people, and for good reason. One person’s routine claim that does not require any legal intervention is another person’s nightmare that requires a team of lawyers. Here are some questions to ask yourself if you are thinking about contacting an attorney about an insurance claim.

How much money are we talking? This question is not posed for the cynical reason that in the end, everyone is in business and needs to make money. This question is actually looking to the overall value of your claim and whether expending resources on an attorney will be cost effective in reaching that goal. For example, if a claim is for less than $10,000, does it really make sense to hire an attorney who may charge up to $3,000 to recoup that money? For some people it does and for others, it is not worth it.

Is the question of liability complicated? If the person who caused the accident is almost entirely at fault for the accident, then there really isn’t that much for an attorney to do in this situation.  If it is clear that but for the raging hurricane force winds, the damage to the property would not have happened, then again, escalation is probably not required. On the other hand, if there are numerous factors that are present, anyone of which might tip the scale of liability in a given direction, this might call for a more nuanced and thorough review by a skilled attorney.

How many parties are potentially involved? This is where the question of liability can become really complicated really quickly.  In the more complex tort cases, such as products liability or truck accidents, the number of parties involved can balloon depending upon where the fault lies. For example, it is not unheard of in a products liability case for the manufacturer, numerous sub-contractors, independent contractors, other related third parties, and employees to be implicated.

This is not to say that a routine two car accident does not require a closer level of inspection. It is possible that the real cause of that accident was not driver error, but some defect in the car, such as a poorly performed brake job the day before.  It is worthwhile to investigate this even when the accident seems routine.

How well is the insurance company working with you?  If you find that despite your best efforts, your insurance company is not dealing fairly with you, it may be time to call in an personal injury lawyer trusts to help.  The attorneys who work for the insurance company do just that – work for the insurance company. They are not your attorney nor are they obligated in any way to give you advice. Their job is to protect the insurance company. So, lawyering up can have a substantial benefit in your negotiating power.

Even if you are unsure if an attorney can help you with a claim, it never hurts to ask.

Contact us

If you were in an accident that was the fault of someone else, then you have reason to consider filing a case against them. A lawyer for personal injury Memphis TN residents trust at Patterson Bray, PLLC believe that victims should not have to suffer because someone else chose to act recklessly that day.

 

Car Accident Injuries That are More Serious Than You May Think

Car Accident Lawyer

Being part of a car accident can be so stressful. The incident itself can be terrifying, and then there’s insurance to deal with in the days afterwards. Many people can forget the importance of seeing a doctor right away, as they are dealing with insurance companies, repair shops, employers, and more. If you are having trouble and need support after a car accident, you can turn to an attorney for guidance. We understand how a vehicle collision can impact your life in many ways, including your funds, health, and employment.

We encourage people who were recently victims of car accidents to meet with a doctor if they have not already. Injuries related to a car collision can be much more serious than you think.

Knee Injuries

There are several ways a knee can get damaged in a car accident. The driver or passenger may be thrown forward against the steering wheel or dashboard in such a way that the knee endures direct trauma. The knee cap may shatter, cartilage can get damaged, and knee meniscus may tear. Knee cap injuries can be extremely painful, requiring surgery for very severe cases. How badly a knee is injured may not be obvious immediately, as inflammation may need to go down first.

Shoulder Injuries

Most people understand that neck and back injuries are common for car accidents. However, a nearby area that may be forgotten about are the shoulders. A seat belt only wraps across one shoulder, so a large portion of the impact is sustained on that side of the body. This force can lead to the shoulder getting bruised, strained or even sustaining tears of ligaments. Shoulder injuries do not often get better on their own, and may require surgery to repair especially if ligaments were severely shredded. An attorney recommends getting a doctor’s exam and treatment promptly, so a shoulder injury doesn’t worsen or become chronic overtime.

Brain Injury

Not all brain injuries are externally visible. A person may sustain a brain injury and not have any wounds or cracks on his or her skull. Because of this, the victim driver may assume no damage has been done. However, the brain may have started bleeding or swelling internally due to the impact. A person may go home after a car accident with a bad headache, but assume it will go away with rest and over-the-counter pain relief medication. Headaches can actually be a symptom of brain injuries, and emergency medical intervention may be needed before the condition worsens to critical levels. The treatment for a brain injury can be expensive, so we suggest keeping a file with doctor’s evaluations, hospital records, emergency bills, treatment costs, prescribed medications, and anything else related to the injury. These documents can be useful in calculating how much you deserve in compensation in for the car accident.

An car accident lawyer offers can evaluate your situation and offer advice on how to not only seek justice but financial restitution for your injuries. Things may only get more complicated in the aftermath of a car accident, so please contact an attorney today.