What you can expect during a personal injury suit

Three Subjects To Talk About With Your Car Accident Attorney

Posted by on Feb 24, 2016 in Uncategorized | Comments Off on Three Subjects To Talk About With Your Car Accident Attorney

Being injured in a car accident can quickly cause disorder in your life. What might have previously been a standard daily routine is now turned upside down as you deal with your insurance provider and attend medical appointments – and while you’re in pain. It’s important to add one more thing to your to-do list – contacting a few attorneys who can provide you with legal representation. It’s ideal to seek out those who specialize in car accident cases as they’ll have the right expertise to fight on your behalf. When you’re contacting attorneys that you might hire, here are three subjects to bring up with each. Probability Of Success There’s little point in devoting your time to filing a suit if you don’t stand at least a decent probability of success. Given that you’re not in a position to assess the merits of your case, it’s beneficial to ask the car accident attorney how he or she deems your situation. Each attorney will be able to evaluate the specifics of your accident and your injury against previous clients’ cases to help gauge whether it would be advantageous for you to hire the attorney and move forward. The attorney will also identify any potential shortcomings in your case and discuss solutions to overcome them. Reliance On Experts The best accident attorneys have a reliable network of experts who can dramatically help to strengthen clients’ cases. It’s beneficial to ask each attorney about these experts and how they can be used to increase your probability of success. Typical experts include a range of medical professionals – a doctor, for example, can evaluate the injuries that you sustained in the car accident and a psychologist can assess the degree of any emotional suffering that has resulted from the situation. Accident investigators can speak with you and dig into the situation surrounding your accident to ensure that no angles are missed when it comes time to present your case. Settlement Advice Given that many car accident cases are resolved when the client accepts a settlement, it’s important to ask the attorney about this topic. The attorney will be able to suggest the likelihood of a settlement, how soon it might be offered and even how much it could be worth. Most importantly, the attorney will provide you with an authoritative opinion of whether it would be advantageous for you to accept the settlement or whether it would be better to proceed to trial....

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Why Accident Injury Claims Seem Totake Long

Posted by on Feb 24, 2016 in Uncategorized | Comments Off on Why Accident Injury Claims Seem Totake Long

Most people pursuing accident injury claims will tell you that the process seems to drag on forever. The anxiety is compounded by the fact that a delay doesn’t necessarily mean that you will be paid. The adjuster may take their sweet time, only to end up denying your payout. That being said, it’s good to know some of the issues that prolong the claim process, issues such as: Investigations The first reason for the delay is the investigations that the insurance company must conduct. Insurers make money by limiting the number of claims they pay out. One way they do this is by conducting thorough investigations so that they only pay when it’s necessary. The claims adjuster will investigate you and use any negative information to lower the value of your claim. The nature of the investigations depends on different issues, such as the severity of the accident and the insurer’s policy. Workload of Adjuster The insurance adjuster, who investigates and negotiates your claim, doesn’t work on one case at a time. If you submit your claim while the adjuster has many other cases pending, then it will take them longer to close your file compared to an adjuster handling only a few cases. The number of claims an adjuster can handle at a time depends on the company, so this is something you don’t have control over. Liability Issues Just because you are convinced the other motorist was at fault doesn’t mean that the insurance company will be of the same opinion. This only happens in straightforward cases where the liable party is obvious. For example, if you stop at a red light, and another car fails to stop and rams your car’s rear, it’s clear that the other motorist is liable for the accident. However, there are other cases where liability isn’t so clear cut. Consider the example of a crash in which one of the cars was speeding while the other one had defective breaks. You may think that the speeding motorist is clearly liable for the accident, but what if good brakes in the other car would have prevented the accident? You may not be able to get an instant payout, but the good news is there are things you can do to speed up the process. For example, you need to furnish the adjuster will all the information they need to speed up the investigation process. Hire a lawyer if you are convinced your claim is taking an unnecessarily long time to process....

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FAQs About A Personal Injury Insurance Release

Posted by on Feb 10, 2016 in Uncategorized | Comments Off on FAQs About A Personal Injury Insurance Release

After reaching an agreement with an insurance company following a car accident, the company will ask you to sign a release. Although signing means that you will finally receive payment for your injuries and damages, it can also mean that you are giving up certain rights that could be important in the future. Before signing the release, here is what you need to know.  What Is in the Release? The release basically outlines what you and the insurance company have agreed to in the settlement. It also restricts your right to file a lawsuit in the future and releases the insurance company and the insured from any liability for your injuries and damages going forward.  The release is typically prepared by the insurance company. However, if you have legal representation, your attorney can prepare the form. If your case did end up in court before a settlement was reached, it is likely that the defense attorney will prepare it.  What Should You Look For? Before you sign the release, there are several things you need to consider. For instance, you need to ensure that you are not required to get your own insurance company’s permission before signing. Your insurance company’s permission might be required to protect its right to pursue damages against the defendant in the future.  If you have expenses that are related to the accident in the future and file a claim on your insurance to pay for it, your provider wants to be sure it still retains its right to go after the defendant for what has to be paid. If you sign the release though, you are not only waiving your right to sue in the future, but also your insurance company’s.  When reviewing the release, you also need to ensure that all of your damages are covered. Remember, the release is final. Once you sign, you cannot ask the insurance company to cover any damages that you might have forgotten.  If there is the possibility that you will have future damages related to the accident, such as the need for additional medical care, your settlement needs to include a provision for this. If not, you could be left responsible for those expenses.  To ensure that your release includes provisions for all of your damages and that it is factually accurate, you need to work with a personal injury attorney, such as those at Law Office of Daniel E Goodman, LLC. If there are issues, the attorney can not only negotiate further with the insurance company, but create the final...

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When Should You Buy Workers Compensation As An Independent Worker?

Posted by on Jan 28, 2016 in Uncategorized | Comments Off on When Should You Buy Workers Compensation As An Independent Worker?

Freelancers, independent contractors, or sole proprietors aren’t automatically covered by workers compensation insurance. However, this doesn’t mean you don’t need the benefits associated with the coverage. If you are one of those workers who don’t have automatic coverage, analyze your situation to determine whether you need to buy coverage for yourself. Here are four cases in which it pays to get workers insurance coverage: You Are Engaged In a High-Risk Job If your job is risky, you need to purchase workers’ compensation insurance to cushion you from the losses you would face if injured. Sure, any worker can get injured, but higher risks justify the cost of the insurance. For example, it makes more sense for a chimney sweeper, a tree professional, or a delivery driver to buy the insurance compared to a work-at-home freelance writer. You Are the Sole Breadwinner You also need workers’ compensation if you are the sole breadwinner for your loved ones, and they would suffer terribly if you god injured and couldn’t work. Consider an example where your spouse is a stay-at-home parent, you have some kids in school, and you don’t have a side business apart from your main line of work. In such a case, getting injured can easily spiral you into a financial quagmire, so workers’ compensation is a necessity or you. Your Contract Demands It Some employers do not want to risk having to pay injured workers. Such an employer may ask you for proof of workers’ compensation insurance before giving you work. Therefore, if you are dealing with such an employer, you have to purchase the coverage even if you think your job isn’t that risky. You Want To Improve Your Job Prospects Some people may not ask you outright for proof of workers’ compensation, but they consider it a bonus if you are covered. In some industries, an insured independent contractor competing for the sum job with an uninsured contractor may get the job ahead of his or her competitor even if workers’ compensation isn’t an express requirement. Such coverage shows your seriousness with your business, and the employer also gets reassured that he or she won’t have to incur any extra expense if you are injured. Thus, workers’ compensation coverage may boost our chances of landing contracts. If you do get injured and are covered, ensure you get the maximum benefits you can get from your insurer. The best way to do this is to consult a workers’ compensation lawyer to walk you through the...

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Safety Tips For New Riders To Help You Avoid A Motorcycle Accident

Posted by on Jan 14, 2016 in Uncategorized | Comments Off on Safety Tips For New Riders To Help You Avoid A Motorcycle Accident

If you just purchased a motorcycle, here are a few safety tips to keep you safe when you are on the road. Knowing these safety tips will help you minimize your risk of being involved in an accident.  Take A Motorcycle Safety Class The first thing you should do before you hit the road in your new motorcycle is sign up for a motorcycle safety class. During a motorcycle safety class, you will learn basic motorcycle safety skills and you will learn how to be a defensive rider on the road. These skills should help you avoid an accident on the road. If you do get into an accident, taking this class will be a great way to prove that you were driving safely and could help you with your compensation claim.  Always Assume That Other Drivers Don’t See You As you ride your motorcycle, you should always assume that the other drivers on the road cannot see you nor they can they you approaching. Assuming that they can’t see or hear you will help you drive more defensively.  Always be prepared to make an evasive maneuver due to a vehicle that didn’t see you approaching. When passing a vehicle, try to do so quickly so you are not in the blind spot of another vehicle for any longer than you have to be. Many drivers who get into accidents with motorcycles claim they didn’t see the motorcycle, which is why it is your job to watch out for other vehicles on the road.  Inspect Your Bike & Gear Before Riding Before you get on your bike, even for a quick trip down the road, you should always inspect your bike. Walk around your bike and make sure that all the parts are in the right place and that nothing is loose or has been damaged while your bike was sitting. In a car, you can drive with parts that are not in the best shape, but with a bike, a broken part can easily lead to an accident. You should also inspect your gear before you ride. Make sure that your clothing and shoes are on securely, and make sure your helmet fits snugly before you fire up your motorcycle. Reduce your risk of getting into an accident with a motorcycle in the first place as a new rider by following the three safety steps above. These safety steps will keep you safe on the road, and if you do get into an accident, implementing the three safety steps above will increase your chances of getting the compensation that you deserve. To learn more about motorcycle accident law, contact a company like Palmetto Injury...

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The Wrongful Death Of A Child: How A Lawyer Can Help You

Posted by on Dec 31, 2015 in Uncategorized | Comments Off on The Wrongful Death Of A Child: How A Lawyer Can Help You

Are you suffering from severe depression after losing a child due to overdosing on the wrong type of medication? You may be able to take the physician to court for negligently prescribing your child the medication that led to his or her death. Below, discover what a wrongful death lawyer can do to help you win a medical malpractice lawsuit. How Will a Wrongful Death Lawyer Begin the Lawsuit? Nothing will happen until you consult with the lawyer about what led up to your child’s death. He or she will ask specific questions about your child’s medical history to rule out underlying problems possibly being the cause of death. Don’t leave information out in hopes that it will better your case, as it will only hurt your credibility in court if brought to light. Leaving information out will also interfere with how well the lawyer is able to prepare your case. All information that you give out will be confidential unless the lawyer alerts you about it being used to help your argument in court. What Kind of Evidence Will a Wrongful Death Lawyer Need? One of the things that your lawyer will require to prove your case is your child’s medical records. The records are necessary for throwing out the possibility of the other party claiming that your child had a health problem that caused the death. Other evidence will be acquired by the lawyer hiring an investigator to find out what the drugs your child was prescribed are supposed to be for. He or she will find out the usual dosage amount of that particular medication for someone of your child’s size. The typical drug that should have been prescribed for your child’s condition will also be researched to prove that he or she would not have passed away if given the right drugs. What Is the Price Charged for a Medical Malpractice Case? You are looking to pay a contingency fee to a lawyer that depends on how much money is awarded for the physician’s negligence. Basically, you will have to pay an estimated price of at least 20% or more of what is won in court. The money is not usually required to be paid if the lawyer is not successful with helping you get compensated. The lawyer can also request a specific percentage of money based on whether the case is settled before going to court, such as a schedule of fees for each scenario of how the case might turn out. Speak to a wrongful death lawyer about your child’s death as soon as you can! Click here for more info about wrongful death...

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2 Things You Need To File A Medical Malpractice Lawsuit For A Birth Injury

Posted by on Dec 18, 2015 in Uncategorized | Comments Off on 2 Things You Need To File A Medical Malpractice Lawsuit For A Birth Injury

If you have had a traumatizing experience with the birth of a baby, you might be wondering what you can do to get restitution for your injuries and suffering. One way to send a clear message that the treatment that you received was not acceptable is to file a medical malpractice lawsuit. Even though many people have filed medical malpractice lawsuits and have had a positive outcome, not every negative birth experience merits a lawsuit. Here are some things that you need to have to make your lawsuit legitimate. 1. Your Doctor Had To Have Gone Against Protocol and Acted Reckless One important factor is that the doctor needed to have acted in a way that was reckless and against protocol. For instance, if your doctor did everything that they could to protect you and your baby, and followed every rule and protocol that safety boards and the hospitals have put forth, then you may not have a case against them. Instead, you have to be able to prove that the doctor took risks, was reckless and made decisions that went against what other doctors would have done; and because of their actions, it harmed you and your child. Without this, you may not be able to file a lawsuit. 2. There Had To Be An Injury That The Doctor Caused Second, there must be an injury that you can prove was caused by the doctor. For example, if the baby was deprived of oxygen because the chord was wrapped around their neck, you may not be able to blame the doctor for this, even if the child experienced an injury from the lack of oxygen. This is because you can’t definitively prove that the oxygen deprivation was caused by the doctor’s choices and not the chord. In addition, it is important that you can show that there was an actual injury that caused lasting problems or increased medical bills. For example, if you just had a negative experience with the birth of your baby but both you and your baby didn’t sustain any lasting injuries and the treatment didn’t cost you an excessive amount in medical bills, you may not be able to file a lawsuit. Without an injury that you can prove, there is no reason to file a lawsuit. If you feel like your situation meets these criteria then you should consider talking to a birth injury lawyer right...

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4 Ways To Protect Yourself From A Personal Injury Lawsuit

Posted by on Dec 10, 2015 in Uncategorized | Comments Off on 4 Ways To Protect Yourself From A Personal Injury Lawsuit

A personal injury lawsuit filed against you can be financially damaging. Not only will you have to pay for any injuries that have occurred and need treatment, but you will most likely have to pay for court fees, pain and suffering, and loss of income to the injured person, as well. Here are four ways on how to protect yourself from a personal injury lawsuit:  Keep Your Home and Business Safe: First of all, you want to be sure that your home and business is safe for everyone. If you invite guests over, be aware that their presence means that you are accountable to some degree of their safety. If you have stairs that are not stable or you are working on home renovations, be sure that guests are aware and these areas are restricted to guests if needed. For your business, you should have signs put out that warn employees and customers of potential dangers, such as spills on the floor.  Understand the Laws: If you own a home or business, it’s important that you understand the laws that surround you keeping the place safe. Different states will have different rules. If you own a business, be sure to talk to a personal injury attorney to determine what specific rules apply to you in your state.  Have Ample Liability Insurance: Liability insurance is what will help protect you financially if you were to be sued for a personal injury. If you do not have ample liability insurance, you can expect to pay a great deal of out-of-pocket expenses not only on medical bills for the person who was injured, but also loss of income, pain and suffering for the injured and their family, and punitive damages. Be sure that you check with your homeowners insurance and business insurance to decipher just how much liability insurance you have.  Hire a Personal Injury Attorney: If you are going through a personal injury lawsuit, always be sure that you hire a personal injury attorney who has experience talking with those who were injured. Your personal injury attorney may be able to convince the person who was injured to take a settlement offer, which will save you from having to go to court. This, in turn, avoids the cost of court fees. By knowing these four ways to protect yourself from a personal injury lawsuit, you can be sure that you do not cause any heavy financial damage to yourself and your family or business. For further assistance, contact a local personal injury attorney, such as one from Stapleton Law...

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Working In The Mines: Can You Still Sue For Personal Injuries?

Posted by on Nov 23, 2015 in Uncategorized | Comments Off on Working In The Mines: Can You Still Sue For Personal Injuries?

Certain jobs come with expected dangers and risks, like mining. If you work in a mine, you know that there is always the risk that walls and ceilings could collapse, or equipment could falter and cause an injury. When that happens, are you still allowed to sue for personal injuries, or should it just be an accepted part of the job? Since many mining operations have unions, these are valid questions you could ask your union representatives before speaking to a personal injury lawyer. Typically, you will find out the following information after talking to both a union rep and an injury attorney. Looking Over Your Union Contract When you work in an industry such as mining and you have joined the union, you will need to look over your union contract before proceeding with personal injury lawsuits. Many union contracts make stipulations for the dangerous situations that can occur while on the job. Mining unions often provide for injuries and compensation to anyone stuck in a cave-in and provide for the surviving family members of miners. If you did not join a miner’s union, do not have a union associated with your mining company, or do not have terms in your contract that apply to cave-ins and injuries on the job, then you can see a lawyer. What the Lawyer Can Do If you have already surveyed all applicable terms of a union contract and filed for worker’s compensation, then a lawyer can take a look at your case and see what else he or she can do for you. When worker’s compensation for miners is denied, you can sue the company that handles your worker’s comp claims. Your personal injury attorney will explain fully the extent of what you can sue for and what may be covered as a reasonable expense for your injuries in your case.  Additionally, if you could not get short-term or long-term disability benefits (either because you have not been with the mining company long enough to secure these benefits or because your claims were denied) you can also sue for whatever benefits you may have been entitled to normally. The bulk of your case should rest on suing either your employer or various insurance companies for failing to provide for your medical care and long-term care, if needed. Other routes and civil suits may be pursued if your primary cases are fully defeated. For assistance, talk to a lawyer like Kornfeld Robert B Inc...

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3 Key Considerations After Being Attacked By A Dog

Posted by on Nov 11, 2015 in Uncategorized | Comments Off on 3 Key Considerations After Being Attacked By A Dog

Dogs are supposed to be a loving, loyal companion. They are meant to protect you if someone tries to hurt you or enter your home without your permission. But, what happens when someone’s companion ends up turning vicious and attacks you? Not only are you stuck trying to recover from the injuries, but you have to figure out how to proceed with your personal injury case. It isn’t as easy as some might think, but there is a way to help simplify the process and ensure you get the compensation you deserve. Take pictures of the injuries. After being injured by a dog, you need to take pictures of the injuries as proof of what happened. Not only does this show how severe the injuries were, but it can also serve as a great timeline for your recovery and how the injury interfered with your quality of life. If possible, take a picture of the dog as well to show what type of dog it was that attacked you. Have the dog tested. Ask to have the dog tested for rabies and any other potential diseases. This will help you know whether you need to get a rabies shot or not. There are also tests to determine how aggressive the animal is toward others. A specialist will be able to perform a series of tests in a controlled environment to gauge just how touchy the dog is. This can help you when it comes to being able to get your settlement amount. If the dog is trying to attack anyone it comes in contact with, that is going to be in your favor and help increase your settlement amount. Never take the first settlement. Insurance companies will often try to push you into taking their first settlement. However, this is the worst thing you can do. There is no way to know just how extensive the recovery process is going to be or how much you are going to spend on medical bills and lost wages. You need to wait to see just what you are dealing with and give yourself a little time to heal and recover before thinking about settling your case. The best thing you can do when attacked by a dog is to turn to a licensed attorney, such as Terrence Salerno Law Office, who can handle all of the specifics of the case for you, thus allowing you to focus on recovering from your...

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