Tag Archives: accidents attorney

What to Do When Your Auto Accident Results in a Personal Property Damage Lawsuit

Posted on by

Finding yourself at the receiving end of a personal property damage claim can be frustrating and time-consuming. If you don’t have the money to pay for an accident that may or may not have been caused by your negligence, you may need to turn to an experienced auto accidents lawyer to make sure that you aren’t ordered to pay a huge sum of money for something that wasn’t your fault – or worse, end up with a conviction on your record. Your auto accidents attorney will help you minimize the damage, and may even be able to help you win the case altogether.

Negligence Claims

In most cases, someone who files a personal property damage lawsuit in small claims court will file a negligence claim. Negligence claims operate on the theory that you knew there was a problem with your vehicle and did nothing about it. For example, if you smashed into your neighbor’s fence while driving because your brakes suddenly stopped working and you knew they needed repair, it would be a case of negligence. You will need to prove that you didn’t know there was a problem with your brakes, or that there shouldn’t have been a problem with your brakes (if you just had the brake pads changed, for example), in order to win the case.

Intentional Damage Claims

Intentional damage cases are rarer than negligence claims, and are fortunately easier to defend in many circumstances. Using the earlier example, your neighbor could claim that you destroyed his fence on purpose because of a long-standing rivalry between your families. In this case, you will simply need to prove an extenuating circumstance that caused you to run into his fence – for example, the road was slick from the rain that day and you slid out in the middle of a turn. Even if he could prove negligence at this point, perhaps by saying that you knew you needed new tires or you were driving too fast, he would have to file a separate negligence claim instead to benefit from the accident.

What You Can Do

Immediately after an accident that involves personal property damage, the best way to start building a strong defense is to stay on the scene until the police arrive so you can give a statement. This will show the courts that you were willing to cooperate from the beginning in case a claim is ever filed. Take pictures of anything and everything that might help your case, and keep every piece of insurance paperwork you file and repair estimates you collect.

Hiring an Auto Accidents Lawyer

As soon as you find out that you are begin sued for property damage, consult an accidents attorney to find out what steps you need to take next. You should have a little time to prepare, but having an attorney on your side can help you take the most advantage of that time. With a good accidents lawyer on your side, you will be able to build the strongest defense possible and hopefully avoid paying anything out-of-pocket to the plaintiff.

Accident Attorney’s Tips on Speeding Tickets: What You Should Know to Stay Away from Trouble

Posted on by

So, like most of us, you were driving in a hurry, and as a result, you got ticketed for speeding. What do you do first? Any specialized accidents attorney will tell you that your defense should depend on the nature of the speed limit. Below are a few things to keep in mind, when deciding to fight a speeding ticket in court.

As a legal constant, all US states currently use three basic speed limit types. These are known as basic, presumed and absolute.

–          The most straightforward of these is the absolute speed limit. If a road sign says 50 mph is the limit and you are caught driving 51mph, this means you have broken the law. It is generally tough, sometimes impossible to fight these absolute speed limit violations. A reputable attorney might find a few ways to help you in this respect, though. A line of defense may include claiming you were forced by an emergency situation to exceed the given speed limit. Another one may include attacking the way in which the police have determined your speed.  A very good lawyer may even attack such a violation claiming that police officers have mistakenly identified your car.

–          The presumed speed limit involves the idea that you may have driven at an unsafe speed. This is theoretically easier to beat and includes certain specialized lines of defense. You should know that, overall, you might have a good chance of winning, if your attorney can prove you were only slightly over the limit and weather and traffic conditions were allowing it. You or a specialized attorney’s aid will have to go back to the scene and take photos at the same time and day of the week you were cited. Also, take a photo from the driver’s viewpoint. It’s obviously to your benefit if you can establish the road was straight, with good visibility.

–          Basic speed law prohibits driving at an unsafe speed, even if that speed is below limit. In all US states, tickets for driving under the speed limit, but too fast to be safe, are often referred to as “driving too fast for conditions.” For example, driving exactly at the 65 mph posted limit on the freeway would not be smart amidst slower and heavy traffic, in a dense fog, or in a driving rainstorm or blizzard. The basic difference between fighting a normal  absolute speed limit ticket and a basic one is that the prosecution will have the burden to prove that you were driving in an unsafe manner. This can be difficult to prove, in normal circumstances and if your car was not involved in a traffic incident at that time.

No matter what law of defense you may choose after you decide to fight a speeding ticket, you should know that your chances of winning increase, if you use specialized help. A seasoned accidents attorney with relevant experience in the field will work wonders on your case.

What Is Distracted Driving and How an Accident Attorney Can Help

Posted on by

Everyone loves to think it could never happen to them. People watch the PSAs, they may even hear live lectures about it, but they still leave thinking it’s “other people’s” problem. Some might even think the issue is so amusing they can’t help but text their friends about it– while they’re behind the wheel. Next thing they know, the very issue they mocked suddenly becomes their own downfall.

Distracted Driving: How Dangerous Is It?

Distracted driving is a rapidly growing problem in the United States. Modern technology has escalated this issue by making quick communication so convenient that many people, especially teenagers and those in their 20s, have practically become addicted to it. Talking on the phone or texting while driving is not only dangerous, but illegal in most areas. Operating a vehicle requires complete visual and mental attention, and even a diversion for a second can cause serious accidents.

Technology is not the only cause of distracted driving. People have also been involved in collisions from eating, drinking, grooming, adjusting the radio, or even talking to passengers in the car. Those who decide to “multitask” in this way need to be extremely cautious in doing so. In the United States, more than 1,100 people are injured in car crashes involving a distracted driver every day.

If You Become a Victim

If you are involved in a car accident you believe was caused by a distracted driver, the best thing to do is contact an accident attorney as soon as possible. Many attorneys work with a team of investigators to learn the truth about what happened. They will collect all information and work closely with you to determine the best legal approach to take.

An accident attorney will figure out the liability involved in the incident and make sure you are adequately represented. By thoroughly examining the story behind you and all involved drivers, a solid legal team will prevent you from being compensated insufficiently. Car insurance companies go to great lengths to avoid paying massive fees on behalf of their customers. The accident attorney you hire must be aggressive and experienced to counteract these actions.

Cracking Down On Negligence

Many states are working on ways to enforce stricter penalties for distracted drivers. In Utah, a fatal car crash caused by a texting driver is treated the same way as one caused by a drunk driver, with penalties being up to 15 years in prison. In Maryland, the planned enactment of “Jake’s Law,” named after a young victim of a distracted driver, would raise the penalties of such a collision to three years in prison, a $5,000 fine, and a suspended license. An experienced accident attorney will not only fight to enforce these state laws onto those responsible, but also make sure you are covered for your medical bills, pain and suffering, and the time spent missing work. You’ve been through enough, let your counsel take it from here.

 

by Ali Golchin

Being Involved in an Auto Accident with Children

Posted on by

by Ali Golchin

Since children under 18 years of age are not treated the same as adults in the eyes of law, any legal matter involving them can get tricky. If you have a child that was injured in a car accident, either as a pedestrian or as a passenger, it is important to know what steps you can take to claim compensation. Children are just as entitled as adults are to compensation when they are injured automobile accidents. By hiring an auto accident attorney, you can be sure that your child recovers the damages that they deserve.

Making a Claim on Behalf of the Child

It may seem strange to try and file an auto accident claim for your child who is under 18 years of age, but as their parent, it is your choice. Your child is not able to file a claim for themselves and if they were injured in the accident, you need to be able to pay for their medical needs and anything else that may come up because of the accident. An auto accident attorney can help you through the process so that you know what is required and how to file the claim.

Once your child turns 18, they can file claims on their own for any automobile accidents. If you started the claim for your child before they turned 18 years of age, the child should take responsibility for the claim once they are of age. Furthermore, if you decide not to file a claim for an auto accident for your teenage child, they can file one themselves once they are 18.

If your child suffered serious injuries and are not medically capable of dealing with their own claim, they will not be responsible for it once they turn 18.

The Litigation Friend

You are considered your child’s litigation friend when you file a claim on their behalf. This title is given to you in any documentation to keep the claim clear and easy to understand. It is important to note that the litigation friend is independent of the claim, so if you are to blame for the accident, you may not file a claim for your child. In this situation, the other parent or any close relative can file the claim on your child’s behalf. Your insurance will have to pay out to your child along with the other party if they are at fault.

If the claim is won, the litigation friend doesn’t receive any compensation. The money is put into a trust for the child and is only accessible with permission from the court until the child is 18 years of age.

If your child is involved in an auto accident, things can get complicated without the help of an auto accident attorney who is familiar with automobile accidents involving children.

Accidents Attorney: How to Find the Best Asbestos Lawyer

Posted on by

Exposure to asbestos at the workplace is a major health concern that should not be neglected by employers and personnel. Unfortunately, staff members realize the implications of this relatively common hazard only when they start to witness the first signs and symptoms of a chronic illness triggered by asbestos, like mesothelioma for example.

What is Mesothelioma and What Does It Involve?

Mesothelioma is a disease caused by prolonged exposure to damaged asbestos fibers. It represents a very aggressive form of cancer that affects the lining of the abdomen and lungs. At this point, there is no 100% effective cure for it, but accepted forms of treatment include chemotherapy and surgery. Apart from the fact that mesothelioma will inevitably lead to pain, stress and a poor physical condition, it will also be associated with numerous days of hospitalization, therapy, expensive medication and lost wages. At the end of the day, who is going to pay for all this? A good accidents attorney will let you discover the best answer to this question.

Who Is Responsible for My Condition?

If you feel ready to start a court battle and defend your legal rights, it is important to know that a competent lawyer can help you determine who is responsible for your current health problems. You may have to sue your employer or insurance company. Either way, a real professional will enable you to receive the maximum compensation that you are entitled to.

Why Do I Need a Specialized Lawyer to Make a Compelling Case?

In order to build a strong case, you have to count on an accidents attorneywith an extensive experience in handling mesothelioma cases. Why? First of all, cases build around asbestos exposure represent a small legal niche and require special competencies and in-depth knowledge. Second, the first signs of mesothelioma may appear 40 years after your exposure to asbestos, so the court battle can get really complicated.

How to Identify the Best Accidents Attorney Specialized in Mesothelioma Cases

Want to find the very best accidents attorney in your area, who could help you win your mesothelioma case? If so, just follow these basic steps.

Talk to your former colleagues: Some of them may have dealt with the same problem and could guide you in the right direction.

Check Online Lawyer Directories: Lawyer directories are just a few clicks away and will allow you to discover different lawyer profiles and select the most suitable ones based on listed competencies, background elements and personal attitude.

Do a Google Search. A truly competent lawyer specialized in asbestos-related cases will most likely be active on social mediaand have a great website. Use search engines to spot the best ones in your area. Check out their testimonials and trust your instincts. Go beyond aggressive advertising slogans. Contact and interview your favorite candidates, discuss the particularities of your case and choose to be represented by a reliable, well-known accidents attorney, specialized in mesothelioma cases, who is actually on the same page with you.

Accidents Attorney Tips on Maritime Workers Job Injury Compensations

Posted on by

The nature of on-job injuries is quite delicate under any circumstances. In many cases, where you have been the victim of a workplace injury, you need to get help from a specialized accidents attorney. But not all jobs are similar, and not all workplace injuries are alike.  Among the most particular job related accidents you will find those that happen in the maritime industry.

What are maritime workers’ legal options and rights after a personal injury on the job? Find out a few things below.

What kind of maritime worker are you?

Legally, there are two types of maritime workers: seamen and people who work in water related environments- including everyone else who works near the sea or the ocean, and performing related activities. This is important to keep in mind as the kind of compensation an injured maritime worker can get largely depends on which group they belong to.

A seaman is generally an employee who spends the better part of their working time as a crew member on a ship or boat or any kind of maritime vessel, basically on any vehicles that is part of the navigation process.

Which type of compensation do maritime workers get?

Any seasoned accidents attorney will tell you that, unlike a majority of employees from other industries, seamen are not entitled to regular workers’ compensation benefits, under state or federal laws. But they are entitled to a few federal laws regulated compensation types.

What is a seaman entitled to do if he has suffered on job injuries?

1)      A seaman can sue their employer for negligence; this is generally done under a federal rule called the Jones Act. Under the Jones Act, a maritime employer must provide the employee with a safe place to work. They should use care to maintain the vessel in conformity with international laws. The Jones Act requirements are generally very strict and almost any safe condition on a ship can lead to liability from the employer. Ask your accidents attorney and they will tell it is basically one of the easiest jobs, to prove negligence in a seaman’s injury case, much simpler than standard car accident cases, for instance. This is because under the Jones Act, the injured seaman will only need to prove the employer’s negligence played a very small part in the injuries.

2)      A seaman can also sue the ship owner on which the accident occurred, for damages under the federal maritime doctrine of unseaworthiness. Under maritime law, a seaworthy vessel is a ship whose hull, equipment and crew are reasonably adequate in  to perform their intended functions in the operation of the ship. This doesn’t mean an unseaworthy ship cannot sail, but it can mean the employer did not provide the employee with suitable equipment with which to perform on board. This has nothing to do with negligence, but rather with a vessel being not fit for its intended purpose, in which case the owner is still liable.

3)      If injured, a seaman is entitled to receiving maintenance and cure as well as medical treatment, no matter of whose fault was it in the accident. In legal terms, this is called maintenance and cure and actually refers to a very old aspect of maritime law that requires a maritime employer to provide care for injured seamen regardless of whose fault the injury was. According to main regulations, maintenance means the room and board of the injured seaman while they are recovering from an injury. Maintenance includes such expenses as the seaman’s rent or mortgage, utilities, property taxes, homeowner’s insurance, and food, but not things like telephone, internet, or car payments.

There are many more aspects related to maritime workers’ injury compensation. If you have been injured, or a member of your family works as a seaman and they have been hurt on the job, the best thing to do is get immediate help from a reputable accidents attorney who can help you get the most compensation.

How to Find a Good Personal Injury Attorney to Help You with Your Accident Claim

Posted on by

Sometimes the outcomes of accidents we go through are more serious than we might imagine. This is especially true in personal injury cases where a person’s life is endangered or their ability to continue their life in a normal matter is denied to them. If you are facing a complicated personal injury claim case, don’t make the mistake to believe you could solve this situation on your own. Don’t just turn to any lawyer for professional help; make sure you find someone who has experience with such cases. Below are a few tips on how you can find an accidents attorney specialized in personal injury cases.

Find experienced legal representation by referrals. This may not be too difficult, as it is enough to scour the internet for sites or blogs written by personal injury victims. They will always have at least a name to recommend. Make sure you get the names of several lawyers and meet with each of them to discuss your claim before you decide to hire someone. Another thing to keep in mind is that you might not be accepted right away, so be prepared for rejection.You will be surprised to find out that a lot of accidents attorneys specialized in personal injury cases will not take your case unless it falls within a certain potential recovery amount. Others might reject you just because the claim you have is not crystal clear and your case might bet beaten in court.

Talk to friends and acquaintances. You probably have people in your circle of friends who have been involved in a similar case so they may be able to recommend a good attorney. This doesn’t mean you need to make a decision on a certain lawyer solely based on that recommendation. Different people will have different responses to a lawyer’s style and personality so don’t hire a legal rep until you have actually met them and talked your case with them.

Talk to other attorneys. You probably know or work with at least one lawyer, either for your business, or for other reasons. A professional peer is the best place to seek a referral to an experienced personal injury lawyer. So your lawyer may be able to recommend the best and most affordable accidents attorney.

Contact referral services. If none of the above seems to work contact the local bar association. You will find they have lawyers listed by legal specialty and they are able to recommend the best attorney for your case. Some bar associations will actually screen attorneys and list only those attorneys with particular qualifications and a certain amount of past experience, while other services will list any attorney in good standing with the state bar who maintains liability insurance. Before you choose a lawyer referral service, ask what its qualifications are for including an attorney and how carefully lawyers are screened. 

After you  find a candidate or two, make sure you talk to them in person and inquire a few things about their professional experience.

Some of the questions you need to ask include:

  • How long has the lawyer been in practice?
  • What percentage of the practice involves personal injury cases?
  • Does the lawyer most often represent plaintiffs or defendants?
  • Would the lawyer personally handle your case or pass it along to another — perhaps less experienced — lawyer in the office?

One you have found a suitable accidents attorney, your path to success on wining that personal injury case is half complete. This is why finding a reputable lawyer with a lot of experience is crucial to your case.

Medical Malpractice in Birth Related Cases and How an Accidents Attorney Can Help

Posted on by

Although we don’t hear about them very often, medical malpractice cases involving pregnant women are quite common. In case you or someone in your family has had a birth-related malpractice situation on their hands, you need a reputable accidents attorney’s help and a lot of additional info on who you can sue and how damages can be obtained.

What is a birth related medical malpractice case?

This is typically a malpractice situation when staff in a hospital or medical facility acts in a negligent manner. What does negligent manner mean? Well, typically that they failed to use reasonable care, which resulted in injury to both the mother and child, wrongful birth, wrongful pregnancy or other life threatening conditions.

There are different rules related to each of the above, and the damages correspond to the severity of the situation.

Birth injury to the child or the mother

This may typically occur during the birth process or prior to it, and may result in injuries to the mother, the infant or even both. Some of the very difficult medical cases involved here include negligently failing to control blood loss post delivery on the mother, failing to control oxygen intake for the baby or the mother, pre or post delivery.

Typically, if the baby is injured post delivery, the parents, as the legal guardians, are the ones who must bring the lawsuit. There are both general and special damages involved with such trials. These may include the cost of suffering (physical and or mental)).

There are more serious cases, where a doctor or medical staff will erroneously decide to deliver an infant prematurely, resulting in brain damage. More damages can be paid on such cases, including rehabilitation, developmental needs and medical expenses recovery.

In case of injury to the mother during or after child birth, she is the one who legally has the right to sue. Several malpractice issues with the mother can occur during birth, prior or even after. One typical case could be the fact that the doctor did not observe the mother’s high blood pressure, a condition known as preeclampsia, and the mother has a seizure during.

What happens in wrongful birth cases?

Typically, parents claim that the doctor should have warned them about their child’s impending birth defects and that if they had known, they would have either avoided the pregnancy or ended the pregnancy.

You should know that birth related cases of malpractice are pretty complex and can entail a lot of legal and medical issues. This means you should never rely on your own knowledge and represent yourself. Do your best to contact a specialized accidents and personal injury attorney who will be able to represent your interest best.

Get an Accidents Attorney’s Help on Product Liability Cases

Posted on by

Did you know that dangerous prescription drugs, dysfunctional medical devices or consumer products are at the root of thousands of lawsuits on a yearly basis? As a consumer of all these products, you should be able to rely on your specialized accident attorney for legal help. But a bit of information can also help you find the right legal assistance, so below you can find a few essential product liability questions answered.

What is a product liability claim?

If you or someone in your family have been injured or suffered material or personal damages because of a purchased product, you may be able to file a lawsuit to recover for your injuries and damages. In legal terms, this is called a defective product liability claim.

What do these claims imply and are there more product liability claim types?

There are multiple aspects related to these claims but in general they are easily grouped into three categories.

a)       Products that have been poorly manufactured in the factory or have suffered a defect between the place of creation and the place of purchase.

b)      Products that have been unsatisfactorily designed. In this case the actual manufacturing process may have been correct, but the design, the blueprint used to create it was flawed. In general, these cases call for a group or larger suit, as a single faulty product is not involved, but rather an entire line of products that are claimed to be dangerous.

c)       Products that did not come with adequate warnings or instructions regarding their proper use. These legal claims are often called defective marketing claims.

Who is liable if a person was injured by a defective product?

As your specialized accidents attorney will tell, in such cases you will basically include all parties that are involved in the distribution chain- from the designer to the manufacturer and the retailer/ supplier.

Of course, depending on the actual case, you can also include designers, contractors and quality control providers in this group. These are normally liable in case of defective products in the construction business.

How can you prove guilt in a product liability suit?

Again, here, circumstances are extremely important and you cannot win such a lawsuit unless you can prove that a number of elements have been met:

1)      You have to prove injury or damage

2)      You have to prove the product was defective or that it lacked proper instructions

3)      You have to connect the product’s defect to your injury

4)      You have to prove that at the time of the accident, you were using the product.

How long do I have to file?

This largely depends on every state’s statue of limitations. This actually varies from one state to another, so you will need to immediately contact an accidents attorney; to make sure you have a chance of winning the case.

Accidents Attorney Notes on Slip and Fall Incidents in a Shop or Business Building

Posted on by

There are many accidents that can cause a serious personal injury issue, but one of the least talked about is typically a slip and fall accident in a store or business. Naturally, if you become the victim of such an incident, you would want to know if you have a potential claim or lawsuit. There are many legal factors involved in such a lawsuit and an accidents attorney will be able to help you with these. Below you can find a few tips and facts you need to know about such accidents.

Naturally, if a slip and fall accident occurs inside a business building, you would say the business is liable for a personal injury issue, right? Well, this may not always be the case. The business owner is actually liable to pay any form of compensation if negligence was involved and that negligence involved his or his employees negligence. So, if you slip and fall inside a shop, don’t believe you are in for compensation simply because you fell and that anyone will be found negligent. You have to be able to prove that an unsafe condition was created in that business or shop. Further, an accidents lawyer will have to be able to prove that either the business manager of his employees were aware of that unsafe condition being created in their building.

Who can you sue in a slip and fall incident?

The answer usually depends on the nature of the claimed negligence. If this occurred on a property that the business owner actually owns, he is the person who is liable. But if this occurred on a leased space, you might have a real claim against the property owner or landlord.

There are some aspects involved here that you need to be aware of:

1)      If the accident was caused by a structural issue with your building, you have a true claim against the property owner. Typical structural issues would involve a water leak or other defective structure in the building.

2)      If the accident turns out to be a direct consequence of something the store manager did or failed to do, you would actually have a claim against them. As an example: a newly waxed floor that has caused you to slip and fall while shopping in their store. The store owner is especially liable if they did not take any measures to warn you of the danger- by placing warning signs or safety cones.

There are many aspects that can come into play, if you are looking to win a slip and fall case. The most important thing to remember is that there actually must be negligence involved in order for your accidents attorney to be able to win a slip and fall case.