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Top Five Things Accident Lawyers Can Do For You

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Getting involved in a car accident only means one thing—hassle!  Whether you are the victim or the culprit, a vehicular accident means a lot of legal work such as claiming injury compensation for victims and defending yourself if you are accused of being the party at fault.

Why Hire Accident Lawyers

You can hire lawyers specializing in accidents to help you.  What can an accident lawyer do for you? Here is a list:

  1. Give you counsel.

The first and most important task an accident lawyer will do for you is to give you advice about your accident claims if you are the victim and defense if you are the party at fault.  This is important so that you know the best course of action. Accident lawyers will also tell you the processes you will go through and how long it will take.  You should listen closely to your accident lawyer’s counsel because it is for your own good. Remember that accident lawyers are experts in legalities, so what they say about your case is more often than not, important and crucial to winning your case.

  1. Help you with compensation claim papers.

Processing your claim papers can be a daunting task if you are a newbie on legalities. Your accident lawyer will be a great help for you in this area.  They probably have processed accident claim papers in the past and their combined knowledge and experience will help you win your case. There are even times when all you have to do is sign the papers and your accident lawyer will do the rest.  Just make sure you read and understand what you are signing.

  1. Represent you in claim hearings.

If you are the party at fault, it would be foolish to try to face the court by yourself. Even lawyers would hire other lawyers to represent them.  You should hire a reliable lawyer to represent you so that you can defend your side the best way possible. If you are the victim claiming for compensation, let your lawyers do the explaining and talk only if he tells you to because he knows what to say. Also, do not try to do the claim process yourself because it can reduce your chance of succeeding, unless you are a lawyer yourself.

  1. Explain legal terms to you.

Sometimes, whether you are the defendant or the claimant, you would want to know what’s going on in the case. Lawyers can talk about legal terms, leaving you all confused. You have the right to understand how the case is going on, so your accident lawyer will be responsible to tell you all about it.

  1. Use their ability to make you win.

Accident lawyers, especially the competent ones, will not spare any expense to fight for your rights and help you win the case.  If you are claiming accident compensation, he will strive to win the case for you. If you are the party at fault, he will try to defend you as humanly possible.

Accident Lawyers are Your Friend

Accident lawyers are your greatest allies when you get involved in a car accident.  Whether you claim for compensation or you are the party at fault trying to get yourself off the hook, accident lawyers are the experts you should have on your side. If you are based in San Diego, you can trust the lawyers of San Diego Accident Law Center to help you succeed in your case.

Getting Compensation When Your Employers Go Bankrupt

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Like accidents, the bankruptcy of a company can happen suddenly in the most unexpected times. While it may take a lot of bad luck to meet a workplace accident just a day before the company you are working for has tanked, it is possible and it can happen to you as well.  So what will you do?  Will you still be compensated for your injuries? To answer this question, we have to delve on several aspects of the compensation process.

Who pays the compensation?

If you get injured while doing your job for a company that suddenly went bankrupt, you can still get compensation. The reason for that is it’s not your employer per se who will pay for your accident compensation but the insurance company they pay every month.  So, if your company had religiously paid the premiums for the compensation insurance, you will have no problem. If the company you work for does not pay the insurance company regularly, you may have a problem getting compensation. It is important therefore to have an accident lawyer to protect your rights.

Don’t delay filing your claim

Time lost is chance wasted.  When it comes to any compensation claim, you should file as soon as you can, most especially if your company has already filed for bankruptcy.  Not filing for the claim immediately gives failure a chance to swoop in and hinder you from getting the money you deserve.

Always have a good accident lawyer

In special cases like filing for claim against a company that has gone down under, an accident lawyer is an indispensable person.  They know the ins and outs of the law and can protect you from being misled by insurance companies.  Accident lawyers also ensure that all the moves you make regarding your compensation claim is going to work towards winning.  Not having an accident lawyer for your compensation claim is like going to a war without a weapon.

Some drawbacks

There are some possible issues, however, if you are filing a workplace accident compensation against a company that’s already tanked. Your compensation may take longer to process than usual. That is because the insurance might find it difficult to get information from your former bosses.

Also, some of the benefits you get from workers’ compensation depend on whether you can go back to work or not or if the company you worked for is no longer around.  However, if you have a reliable accident lawyer on your back, you should be able to ride these issues and get the full benefit you deserve based on the law.

So, stop worrying whether you are going to be compensated for the injuries you receive from an accident that happened while you do your job, even if the company you worked for becomes bankrupt. Under such circumstances, you still get your compensation with the help of an accident lawyer.

Four Reasons Why Some People Fail Their Accident Claims

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Accidents happen when you least expect it. No matter how careful you are when driving for example, you still have the chance of getting into an accident.  The fact is, being careful only reduces the chances, but does not eliminate the probability of meeting an accident.

Why Some Fail to Get Their Accident Compensation

If you met an accident that is not caused by your own negligence, you can be compensated for the injury you get and for the damage of your car.  For some people though, they were not compensated not because the accident is their fault, but because they did not know what to do.  This article will tell you how they failed and how to avoid losing your compensation claim.

  1. They did not hire an accident lawyer

When it comes to compensation claims, an accident lawyer is your best friend.  They know the ins and outs of the legal system better than anyone else. Some people think they can successfully claim compensation without the assistance of an accident lawyer, but without a lawyer by their side, they often fail.

  1. They did not gather proof of the accident

If you met an accident, use all the possible gadgets you have to take photos of the accident scene and the injury you incurred as well as the damage to your property. These are going to help your accident lawyer win your case.  As a claimant, it is your duty to provide proof that you are the victim and you need to be compensated. Use your mobile phone to take photos or videos of the accident scene right after it happens and provide your lawyer with a copy.

  1. They wasted time

If you meet an accident that is not your fault and you got injured, don’t wait for weeks or days to file for compensation. Time is of the essence because filing too late may mean failure. If you have an accident lawyer on call, contact them right away. If you do not have a lawyer yet, you can always find one through the internet.  Act as soon as you can. If you have been injured and have to stay in the hospital, contact an accident lawyer right away and let him handle the claim.

  1. They did not check the police report

The police report about the accident is a crucial evidence in your accident compensation claim.  Always ask the police in the accident scene about his report. If possible, read it and correct any error that you find. Also, make sure that you tell the police your side of the story so it gets included in the report. Remember this, the police report can make or break your accident compensation claim.

What to Do When an Accident Happens

When accidents happen, always make sure to stay calm and don’t panic.  Avoid the committing the mistakes mentioned above that would reduce your chances of getting your accident compensation claim. It is also important to hire a reliable accident lawyer to help you with your claim. It’s a big mistake to try to go through it alone. If you get involved in an accident in San Diego, you can call the accident lawyers of San Diego Accident Law Center.

Car Accident Compensation When It’s Not Totally Your Fault

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Car accidents are common especially in cities where there is too much traffic congestion and people are rushing to get to where they want to go.  Fortunately, in the US you can get compensated if you get injured in an accident—that is, if the accident is not because of your fault.  If it is completely your fault, however, and you get injured you may not get compensated.

When You are Not Completely Responsible for the Accident

The situation gets tricky when you are not completely responsible for the accident. For example, if you turn on a one-way lane and over-speeding car hits you, who will be compensated?  Luckily, the laws have an answer to such questions.

Pure Contributory Negligence vs. Comparative Negligence

It is important to know the difference between these two terms in case you meet an accident. They are two principles that are followed in different states.  Some states use pure contributory negligence as the way to determine if you are going to be compensated or not, while others follows comparative negligence principle.

If your state follows the principle of pure contributory negligence, they will not compensate you for your injuries if the accident is your fault, even if the other driver also has some fault of his own. For example if you are driving without your headlights on and another driver who is a little over the speed limit hits your car, which breaks your arm as a result, you will not be compensated for the sole reason that you are also at fault.

On the other side of the fence, if your state follows the comparative negligence model, the insurance companies will calculate the percentage of fault from each party involved in the car crash and both will be compensated for their injuries and damage of property.

Three Kinds of Comparative Negligence

There are three kinds of comparative fault followed in different states in the US: pure comparative fault, proportional comparative fault at 50 percent, and proportional comparative fault at 51 percent.  Here are the differences between them:

1. Pure comparative fault

Pure comparative fault means simply that if people get involved in a car accident, the amount of fault or negligence for each party is going to be calculated and they will be compensated based on this calculation. For example, if a driver beats the red light and he hits you while you are running on the wrong lane, then the insurance companies will determine what the amount of fault is for you and the other party, too. If it is determined that you are 40 percent at fault, then that will be deducted from your compensation.

2. Comparative fault at 50 percent

This scheme means that once the amount of fault for each party involved in a car accident is calculated and it is determined that you are 49 percent responsible for the accident, then you can get compensation. On the other hand, if both you and the other party equally share 50 percent of the blame, then none of you is compensated. If however you are 51 percent responsible for the accident, then your insurance will have to pay for the other party as compensation.

3. Comparative fault at 51 percent

This simply means that if you are 51 percent responsible for the accident you got involved in, then you cannot file for any compensation. So if you are doing a U-turn on a road where U-turn is not allowed and get hit by another car whose driver is taking a shortcut, you can be 51 percent responsible for the accident and you won’t be eligible for any compensation.

Hire an Accident Lawyer

When it comes to car accident compensation, the concept of fault is the most critical aspect. You should get a car accident lawyer to defend your rights all the way. Having a good lawyer on your side always gives you the advantage. If you are in San Diego, call the competent attorneys of San Diego Accident Law Center.

Five Vehicular Accident Scenarios That Require a Lawyer

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In a highly industrialized country like the US, cars rule the road.  Almost every family owns a car and that is reflected at how busy American roads are. With this huge number of cars rolling down the roads, it is not surprising that accidents happen often.

Motor Vehicle Traffic Deaths Statistics

Just how common is motor vehicle traffic accidents? According to CDC’s 2013 report, 33,804 deaths resulted from motor vehicle traffic deaths. That’s approximately 10.7 deaths per 100,000 population. The Association for Safe International Road Travel reports that 2.35 million are injured or disabled due to vehicular accidents and that road crashes cost an average of $820 per person annually. With these reports, it is possible that at one point in life, a person might encounter accidents on the road. Here are situations where you will need help from accident lawyers:

  1. You were injured.

If you sustained an injury that is serious enough that you need to be confined to the hospital, which impairs your ability to work, then you need to hire an accident lawyer for compensation. Anywhere in the US you can be compensated for your suffering, the hospital bills, damages to your vehicle and the salary you lost because the injury keeps you from going to work.  An accident lawyer can help you get your compensation fast because they know your rights and how the legal procedures can help you get the compensation you deserve.

  1. You want to contest the police report.

If you think the police report does not accurately tell the events surrounding the accident and if in that police report you became the party at fault when you know you weren’t, then you should ask for an accident attorney for help. It is unfair to be blamed for the accident that you did not cause. Unfortunately it is already difficult to contest a police report . You need an accident lawyer with expertise to correct the record successfully.

  1. When the accident is your fault.

If the car accident is your fault and the other party has evidence to prove it, you need an accident lawyer to ensure that you don’t have to pay more than what is just and fair.  Sometimes, the victims and their lawyer will try to squeeze money from the accident as much as they can. Get help from an accident lawyer to avoid this scenario.

  1. When insurance won’t pay.

It is not surprising that insurance companies of the party responsible for the will try to contest the fault in order to escape their obligation. It’s part of business.  That is why if you are the victim, and the insurance company of the person who caused the accident is trying to pin the blame on you, don’t hesitate to contact an experienced accident lawyer to defend you.  As a victim, you need to be compensated and not blamed for the accident that injured you and damaged your property.

  1. The whole ordeal ends up as a court battle.

Naturally, if the accident ends up in the court, you will need the knowledge and expertise of accident attorneys to help you win. Don’t go into a court battle alone, you will surely lose.

Contact a Reliable Accident Attorney

Car accidents are common in the US, if you are involved in one, you may need to contact a reliable attorney to ensure that your rights are protected and to get compensation for injuries to your body and property.  There is no need to go through all these alone when there are lawyers ready to lend a helping hand.  If you are in San Diego, you may contact the experienced attorneys of San Diego Accident Law Center.

Injury Compensation for Tourists in America

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The United States of America is one of the prime tourist destinations in the world. It has many attractions such as the Yellow Stone national park, the Grand Canyon and the amazing Niagara falls. If you are a foreigner planning to travel to the US, you have to be careful too because it’s a busy country and accident can sometimes happen.

What to Do When You Get Injured

Luckily, if you indeed get injured while on tour, you may be able to get just compensation for your injuries.  Just make sure to follow the tips in this article.

  1. Hire a local accident lawyer.

It is important that you already have an accident lawyer in mind before you go touring within America. The laws here may be different from the country you are from. In fact, the accident compensation laws may differ from state to state.  The internet is a good way to search for accident attorneys from different states.

  1. Make sure you have all the necessary tourist papers.

Authorities will naturally want to verify whether or not your entered the US illegally.  If you have entered from the back door, you might have a problem trying to get compensation for your injuries because in the first place, you don’t have the right to stay in the US. Nevertheless, you should still contact an accident attorney to know your options.

  1. Don’t delay.

If you were in an accident within the United States and were injured, make sure to contact an accident lawyer as soon as you can.  If you delay the filing of your claim, then the compensation will not come to you as soon as possible.  Since you don’t live in the United States, it will be difficult to follow your case if you have to go home to your country.

  1. Always be prepared with your proof of your injury.

If you have a mobile phone that can take photos or videos, document the accident scene, your injuries, and damages to your property. These will help you and your accident lawyer win the compensation case to a greater degree. If you have to be taken to the hospital, make sure you get a medical certificate that can be used as proof of injury.

  1. Make sure to tell your lawyer everything.

If you want your lawyer to win the case, make sure you tell him or her everything, from your country of origin, down to the last few minutes of the accident. These information can help your lawyer defend you. For example, if the rules of the streets in your country are different from that of US rules, that can be used by accident lawyers as reason for any type of violation you make.

Calling an Accident Lawyer

Accidents happen anytime, anywhere, even if you are in a vacation.  In the US, you can get compensation for your injuries if you meet an accident. Just make sure to get a good accident lawyer, have proof of your injuries, and do not delay the filing of your claim.

Four Common Injuries That Can Happen in the Workplace

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The workplace can be very rewarding in general. It is the place where human potential is heralded on a daily basis and is rewarded handsomely, both in terms of personal fulfilment and money. But the workplace can also be a very risky place to be as there are many ways with which employees can be seriously injured while on the job.

Common Injuries You Can Get at Work

Max Nisen writes in an article in Business Insider that the most common workplace injury requiring sick leave were due to tears, sprains or strains from overexertion and the part of the body that is most prone to injury is the back. Whether it’s an office or a factory, a desk job or a highly physical one, here other examples of on the job injuries that employees can be a victim of:

  1. Serious burns

For people in the food and beverage industry, this is a valid and scary situation especially for those working in the back of the house as chefs, dishwashers, and prep cooks. For places that were not properly built or tested for back fires, kitchens are very volatile and can cause third degree burns during fire emergencies.

Also, big pots of soups can topple over or boiling oil can cause the same damage. Being a victim can basically render a person unproductive for months at a time just to heal.

  1. Construction-related injuries

For those working in real estate such as engineers and architects, the construction areas can be literal pits of death with the many blind spots within these areas. Unfinished walls or floors as well as materials that stick out are accident-prone areas.

Actual blocks of cement can topple over while the miniscule particles and dust from cement can be detrimental to the health of the workers due to repeated exposure.

  1. Manufacturing and equipment-related injuries

Factories and warehouses are the perfect places to encounter an injury. No matter how efficient, these places still have highly mechanical objects that can cause physical harm to employees. Situations such as being pinned down, stuck, or even sliced or cut are part of the risk in working in a factory.

  1. Stress-related sicknesses

Some injuries need not be physical. In fact, psychological injuries have a more grave effect as these do not immediately manifest until the person is at the breaking point already or illnesses have crop up because of it.

For those who have a desk job, injuries to the back and the hands are the most common. No thanks to technology and the need to be constantly connected, there is an actual rise in reported cases of carpal tunnel syndrome due to excessive use of smartphones, tablets, and laptops. Furthermore, constant pressure to deliver on very tight deadlines make people experience severe anxiety. Long -term wise, this causes cancer, heart ailments, obesity, and high blood pressure, which people have to contend with for the rest of their lives.

Usually, this happens in companies which are retrenching employees and the workers are in constant fear of losing their livelihood.

Know Your Rights

Regardless of the industry, employees must know their rights and be always ready and discerning of situations wherein they feel that they are being taken advantage of. If you have pressing questions about workplace injury claims, contact a trusted accident lawyer. Workers in San Diego may contact San Diego Accident Law Center attorneys

Six Ways to Avoid Office Accidents

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While it’s true that you can get compensation for injuries incurred at work, accidents should still be avoided. No amount of money can make up for the pain of an injury. Many people get involved in workplace accident every day and surely they would tell you they would rather work and get paid than being bed ridden because of an accident.

Office Accidents are Common

The numbers from the Bureau of Labor and Statistics reflect just how common workplace accidents and injuries are. In 2013, as many as 3 million nonfatal injuries and illnesses and 4,405 fatal occupational injuries have been reported. You don’t have to add to these numbers as most work-related accidents are preventable by following several rules that many experts including accident attorneys believe would reduce any chance of getting involved in one.

Tips to Avoid Getting Involved in Workplace Accidents

  1. Stop, look and listen.

While in your workplace, always make sure that you are far from danger especially when you have to go to places like storage areas where boxes can fall on you, slippery places like the washroom, or when taking the stairs or an elevator. Always be alert for potential danger.  Always look where you are going and be attentive to your surroundings.

  1. Wear the prescribed protective wear.

When working in factories or in construction, always wear the safety gear the company provides you. These places are accident-prone and it would be difficult even for a seasoned accident lawyer to get your compensation when the injury you get could have been prevented by wearing safety clothing.

  1. Participate in emergency drills.

Emergency drills are not only for show. They actually save lives by preparing you and your workmates whenever an emergency like fire or an earthquake happens. Many people just ignore emergency drills just because they know there is no real emergency at that moment. However, they miss the opportunity to learn how to react when there is an actual emergency.

  1. Assess the risk of any new task you are asked to do.

There are times when your boss might send you out for a task that you have not done before. For example, if your job in a construction site is to drive a tractor and suddenly your boss asks you to operate the cement mixer, make sure you know all the risks involved with that unfamiliar job so you can avoid possible work-related accidents. Communicate with your superiors whenever you feel uncomfortable to operate a machinery or perform a high-risk job that you have not been trained for.

  1. Follow the safety protocol of your workplace.

Most workplace have set rules that aim to minimize work-related accidents. These are called safety protocols or safety programs.  Make sure you know these rules by heart and follow them strictly.  These rules were not made arbitrarily, the fact is most of these rules are the results of intense studies and office inspections by safety experts. Remember, it is difficult to get compensation if your accident was due to your negligence or lack of awareness. Even the smartest accident lawyers will have a hard time winning your compensation claims.

Speak Out to Help Keep Your Workplace Safe

If you realize that the place you are working in is an accident waiting to happen, then calmly ask your boss or your human resource department to do something about it. Your boss and the company will surely appreciate the fact that you care.

Following the tips above will minimize the chance of getting injured in the office due to an accident. Remember to always be aware of your surroundings and avoid doing things in a hurry. In case you get involved in a workplace accident in San Diego, you can call consult the lawyers from San Diego Accident Law Center.

Claim Workplace Injury Compensation Successfully

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Work accident is one of the most common types of accident in America.  This is because an average working American spends most of his or her days at work. Most of the time, work accidents are not the victim’s fault, but are a result of someone else’s negligence. Work accident compensation ensures that if you have been injured while in your workplace or while working, you will be compensated for the medical expenses as well as for the days when you can’t work because of the injury.  However, getting work accident compensation is not very easy because you have to prove that the accident is not caused by your own negligence. This is where accident lawyers can certainly help.

Here are some tips from accident attorneys on how to get a better chance of being compensated:

Get a competent and reliable accident attorney

One of the keys to make a successful claim for work-related injuries is by hiring a good accident attorney, preferably a lawyer who is experienced and with a good track record of accomplishment.  The workers compensation law is different in each state and is quite complicated.  Having a reliable accident lawyer to help you sift through the mess is the first big step.

Find any possible witness to the accident

It’s hard to prove that you did not cause your own injury if you don’t have any proof or witnesses to back up your claim.  You should try to find out if one of your officemates saw the accident and get them to witness for you. A witness testimony helps a lot especially on complicated cases when the other party also claims and has some good arguments why he or she doesn’t need to compensate for your injuries. This is also one reason why you should try to be friendly with your officemates.

Always make sure to photograph the scene

You can help your accident lawyer in your injury claim case by taking a picture of the area where you met the accident. Photographs are strong proof to support your side. If you think you got injured right after the accident, you should take a photo of your injuries too for further proof. In the age where almost all mobile devices have cameras, it is easier more than ever to get proof of your accident and claim for compensation. Document everything that led to the accident.

Don’t delay in claiming for compensation

After you meet an accident at work, check yourself right away for any injury. Sometimes pain doesn’t set in until many hours later. If the accident includes dangerous parts of the body like if a box full of paper document falls on your head, go to a hospital and be evaluated by the doctor. You should do this so that you can file for work injury compensation as soon as possible. Remember, the longer you wait, the harder it is to get compensated.

If you get injured because of a work-related accident, always follow the tips mentioned in this article. Talk to a work accident lawyer as soon as possible to be able to successfully claim your workplace injury compensation.

Liability for Injuries in Bicycle Accident Claims

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Bicycles may be the safest modes of transportation on the planet, but they are not exempt from accidents.  Every year, hundreds of bike-related accidents happen in the US and it can be caused either by the driver of the other vehicle or the cyclist himself. If you love biking, you should have at least an idea when you are liable for an accident and when you are not so that you will know when you should call for an accident lawyer.

Cyclist Negligence

Even though the bicycle is not a very fast mode of transportation, bicycle drivers are still expected to follow the rules of the street. The failure of the cyclist to follow the rules on the street is considered negligence and could make or break the case for a cyclist if he sues a driver of another vehicle for his injuries after an accident with such vehicle. If a negligent cyclist gets injured because of the accident he caused, he may not be compensated for his medical bills or damage to his property.

A cyclist can also be held liable if his negligence caused another person to get injured. For example, if a cyclist beats the red light and causes an incoming car to swerve and hit a pedestrian, the bicycle driver has to pay for the injuries of the injured pedestrian because in this case, he is the negligent party.

Driver Recklessness or Negligence

Driver negligence refers to drivers of automobiles who do not follow the street laws and cause accidents to somebody else. In case of accidents that involve bicycles, the negligent driver who hits or was hit by a bicycle could be liable for the entire accident. If the driver has been cited a violation ticket that day prior to the accident, that ticket could be used as evidence against him.

Clear negligence of a driver comes in many forms, for example if they drive on designated bike lanes to avoid traffic, or run the red light.  These things could easily win the case for the bicycle rider especially if the bicycle driver has photographic or video proof of the aftermath.

The Importance of Having an Accident Lawyer

If a bicycle is suing a car owner or is being sued because of an accident it was involved in, it is important to have a reliable accident lawyer to help them win the case. The law of the land is not always straightforward. They sometimes meander around so that it’s difficult for regular citizens sometimes to get their heads on them. Accident lawyers can help you get compensated for your injuries caused by an accident. Conversely, they can also help you lessen the liability if you are the responsible party of an accident. Many lawyers provide free consultation services that are helpful when you don’t have lots of money.

Accidents happen, no matter how careful you are, even if you are riding a very safe mode of transportation like a bicycle. If you know whether you are liable or not for the accident, you will be helping your accident lawyer win your case.