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Determining Fault In An Accident


Women Drivers: Female Motorcyclists Have Unique Safety Concerns

Posted by on Aug 25, 2016 in Uncategorized | Comments Off on Women Drivers: Female Motorcyclists Have Unique Safety Concerns

There are more female riders on motorcycles than ever—while still a minority, they now represent 14% of the riders out there on the roads. That also means that there are more women involved in motorcycle accidents than ever before. If you’re a female rider, learn more about the risks you face and what you should know if you’re injured. Stay safer by driving your own bike. The days are long gone when the only women you ever saw on motorcycles were passengers clinging onto the back behind their male drivers—and that’s probably a good thing for the women. In a 2014 study, 66% of the female motorcyclists killed in crashes were women—and that represented a whopping 93% of all passenger deaths! If you love the feel of the open road, the number one safety consideration you can probably take is to make sure that you drive your own bike instead of being someone’s passenger. Stay off the bike when you’re pregnant. You may know someone who rode until the day she delivered her perfectly healthy baby—but you don’t want to take any chances with yours. As soon as you know that you’re pregnant, it’s a good idea to put the motorcycle away until after you deliver. Even though the majority of women who ride during pregnancy deliver normally, a minor accident that leaves you relatively unscathed can lead to pregnancy complications like abdominal bleeding, uterine rupture, and miscarriage.  Buy safety equipment that is suited to your body. One size most definitely does not fit all when it comes to safety equipment. Don’t borrow your brother’s helmet—even just for practice while you’re learning to drive—and make sure that your gloves are small enough to fit your hands. Your helmet won’t protect you if it’s too large to fit your head snugly and your gloves won’t keep you from losing your grip on the handlebars if they’re sliding off your hands because they’re too big. Make sure that you’re watching out for other drivers. Accidents between cars and motorcycles are frustratingly common, and that’s an unfortunate risk you face no matter what your gender. The biggest danger is from drivers who are making a left-hand turn—and if you drive a bike that’s smaller or lighter than some of the others on the road in order to accommodate your body frame, you may be at increased risk of falling into some driver’s blind spot as he or she changes lanes or takes a sudden left. Be prepared for potential prejudice. You may also face an unfortunate prejudice that can exist against both motorcyclists and female drivers. There’s a strong sense that police and accident investigators tend to be biased against motorcyclists in general. Given that many people still aren’t used to seeing female motorcyclists handling their own vehicles, you may also face some prejudices that unfairly question your road skills based on gender alone. If you’re in an accident, consider talking with a motorcycle accident attorney who is knowledgeable about motorcycle accident claims and their unique problems. That way, you’ll get a fair assessment of your case and a good chance at recovering...

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Answering Common Concerns About Workers’ Compensation Claims

Posted by on Jul 20, 2016 in Uncategorized | Comments Off on Answering Common Concerns About Workers’ Compensation Claims

Suffering injuries while you are working can pose a number of financial challenges. In particular, you may be worried about paying for your medical care and losing wages while you recover. Fortunately, there are workers’ compensation policies that are designed to protect you in the event you suffer a workplace injury. If you have experienced an injury in the workplace, you may want to learn the answers to the following few questions about filing these claims. What If Your Employer Retaliates Against You For The Claim? It can be a common concern among some employees to fear their employer retaliating against them for filing these claims. However, you should be aware that there are strict laws in place to prevent this from happening. Additionally, your employer will not be directly responsible for paying these benefits. Rather, the costs of the benefits will simply be passed to their insurance provider. Why Should You Hire An Attorney That Specializes In Workers’ Compensation? Some individuals may be concerned about the costs of hiring an attorney. However, you should be aware that these professionals can help you with your claim in a number of ways. For example, there is a chance that the insurance company will attempt to deny your claim. In these instances, you will have to appeal this ruling, and an attorney can provide you with invaluable advice and representation during this appeal process. Contact a company like Shaw Leslie Law Office for more information. Will You Submit Medical Records Or Undergo Medical Examinations When Filing Your Claim? When you file a worker’s compensation claim, you will need to provide the insurance with any medical records relating to the injury. In addition to providing these records, you will also need to undergo a medical evaluation by the insurance company’s physician. This evaluation is to ensure that your injuries are valid. During this evaluation, you will be asked a range of questions about your health history, the injury and you may be required to undergo a series of tests and medical diagnostics. Workers’ compensation can be an essential form of protection for workers that have suffered an injury that occurred at their job. For those that have a limited understanding about these benefits, it is important to know that your employer cannot retaliate against you for filing this claim, the benefits of hiring an attorney and that you will need to undergo a medical exam by the insurance physician so that you can be better informed about your rights and what to expect from the process of filing one of these...

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Victim of a Truck Accident? Three Parties Your Truck-Accident Attorney Can Sue and Why

Posted by on Jul 11, 2016 in Uncategorized | Comments Off on Victim of a Truck Accident? Three Parties Your Truck-Accident Attorney Can Sue and Why

As a victim of a truck accident on the highway, you may be wondering how you are going to pay your bills, work, or even repair the damages to your vehicle. If your vehicle was damaged beyond repair, you may even have to replace it, something which you cannot afford in your current situation. If you hire a truck-accident attorney, the attorney can sue for compensation to help with your bills, including your legal fees. Here are three different parties your attorney can sue and why he or she can them for compensation. The Driver In these cases, the person most responsible for your accident is usually the truck driver. Your attorney can sue the driver for compensation for your medical bills since the driver was unable to regain control of his or her truck during the accident, which resulted in your current medical conditions. If it was his or her fault that the truck hit you and sent you to the emergency room, he or she should pay some (if not all) of your medical bills. You may also sue for pain and suffering and lost wages, if those conditions are applicable to your accident and in your home state. The Company for Which the Driver Works Since the truck driver may be covered by professional insurance and represented by a lawyer paid for by the driver’s employer, you may also sue the driver’s company. This is especially true if the company knew they were hiring someone with a less-than-appealing driving record but hired the driver anyway. It also applies if the driver was found to be under the influence at the scene of the accident or was not driving attentively. Suing the Insurance Companies Covering the Driver and the Driver’s Company Finally, your lawyer may file motions to sue for damages to your vehicle or the replacement thereof by suing the insurance companies that cover the truck driver and the company for which the truck driver works. In the meantime, do not cash any settlement or claim checks sent to you via the driver’s insurance company or the truck driver’s company insurance provider. The amounts of these checks may be needed to show a disparity in court between the damages and injuries incurred by you and the amounts that these insurance companies felt they should pay as “a fair and equitable amount” of compensation. It is possible that your lawyer could sue for more, thereby covering your costs almost entirely (should you...

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3 Things You Should Avoid In A Personal Injury Lawsuit

Posted by on Jun 22, 2016 in Uncategorized | Comments Off on 3 Things You Should Avoid In A Personal Injury Lawsuit

Personal injury lawsuits happen every day. Many people have been in accidents, or in a situation where they have been wronged by another party. In order to get restitution for the damages you might need to file a lawsuit. If you are in this situation you might be wondering how to go about the process. Unfortunately, many people make critical mistakes, here are some things you should avoid doing. 1. Not Trying To Resolve It With The Insurance Company First In many cases you can resolve the issue with your insurance company before filing a lawsuit. For instance, if you are in a car accident you should do everything you can to work it out with either your insurance provider, or the other person in the accident. There may be situations where you could have resolved it with the insurance, but you jumped the gun and filed a lawsuit. In this case you will spend a good deal of your settlement money on legal fees that could have been avoided. Thus, do what you can with the insurance, and if they prove to be unhelpful then take legal action. 2. Waiting Too Long To File If it is determined that you need to take legal action you need to do it right away. There is a statute of limitations for personal injury lawsuits. Consequently, if you wait too long there is a good chance that you will lose your chance, even if you are totally in the right. If the statue of limitations is say two years for your particular state and situation, then you need to contact an attorney well before the two year mark. The lawsuit must be filed before the deadline, so if you approach the lawyer right near the deadline, there still may not be enough time. 3. Assuming The Best Lastly, it is important to prepare for the worst while going through a lawsuit. If you have any correspondence with the other party, keep detailed records. Don’t assume that everyone is going to be honest and forthcoming with you. First and foremost you need to protect yourself. If you assume that others are looking out for your best interest, you will be disappointed. This is why you should always keep records, avoiding admitting fault, and do everything you can to protect yourself. By avoiding these mistakes when filing a personal injury lawsuit you can be sure that you are protecting yourself (click here to learn...

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Were You Injured Due To A Criminal Act While On Someone Else’s Property?

Posted by on May 27, 2016 in Uncategorized | Comments Off on Were You Injured Due To A Criminal Act While On Someone Else’s Property?

The world can be a dangerous place and there are plenty of criminals in it looking for an opportunity—when lax security measures give them that opportunity and you get injured as a result, what can you do? Negligent security claims are a type of personal injury lawsuit that can help you recover your damages when you’ve been the victim of crime on someone else’s property. This is what you should know.  What makes a negligent security claim? The law doesn’t require property owners to try to prevent all harm—that would be too hard for anyone. However, when property owners have the power to prevent a foreseeable injury and don’t, the law considers that lapse to be a form of negligence. Here’s what you have to prove: You were on the property legally, which means that the property owner owed a certain duty of care toward you and your well-being. The property owner knew or should have known that criminal activity in the area was putting guests or residents at significant risk of harm. There was a failure to take security measures, or the measures were inadequate. Adequate security would have likely prevented your injuries. What types of crimes give rise to negligent security claims? In a $2.66M verdict handed down in late 2015, the owners of a gated community were held liable for the death of a man who was checking on a house for a relative. The owners had let a broken gate go unattended, despite concerns over crime in the area, and burglars got in. In a case that garnered a lot of media attention, sports reporter Erin Andrews won a multimillion-dollar judgment against a stalker who videotaped her through a hotel door’s peephole. Part of that judgment was levied against the hotel because employees gave the stalker her room number and rather cavalierly allowed him to request the room next to hers. There are numerous other situations that can lead to negligent security cases as well: failing to provide for security at a scheduled and publicized event, despite requests or a contractual agreement not securing windows, sliding glass doors, or access to the general hallways of an apartment complex not rekeying doors after tenants change or after an employee with access to the keys has been dismissed allowing groups of people to loiter on the property, especially around doorways or blocking sidewalks not providing security guards at night to watch for thefts or car jackings in a large parking lot not calling the police when guests at the establishment begin to exhibit hostile or erratic behavior, particularly if alcohol is served not performing criminal background checks on employees befoe hiring them to check for a history of violent crime Those are just some of the potential possibilities. If you believe that a few simple security measures on the part of the property owner could have prevented an injury you suffered at the hands of a criminal, talk to an attorney (such as one from King Law Firm) today about the possibilities of a...

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Proving A Vehicle Accident Was Caused By The Negligence Of Another Driver

Posted by on May 17, 2016 in Uncategorized | Comments Off on Proving A Vehicle Accident Was Caused By The Negligence Of Another Driver

When someone gets into a vehicular accident with another motorist, there is often a debate as to who caused the incident to occur. If you had just had an accident yourself, and you are sure you are not to blame for it happening, you will most likely want to take it to court so you are not responsible for medical or insurance costs that arose as a result. Here are some steps you can take to help prove your innocence in the accident in an attempt to obtain monetary compensation from the other party to pay for the expenses you incurred. Obtain An Auto Accident Attorney Right Away Having an attorney to represent you is the best way to have a favorable outcome at the end of the court case. They will use all documentation you provide to them as well as your verbal summary of the incident to come up with a plan to help you prove the other vehicle was at fault for the accident. They also have access to information pertaining to past cases of other accidents. They will use this to find one similar to your own to help come up with an offensive edge in proving the other driver caused you to become injured or your vehicle to become damaged. Get Physical Documentation To Help Prove Innocence It is extremely important to provide as much evidence as possible to the court. Physical evidence will be analyzed and may be very beneficial in proving your innocence. Get documents from your physician about your condition to show the extent of your injuries. Take photographs of the spot where the accident occurred including the road itself and your vehicle’s damage. Get a document from your auto body shop discussing how they believe your vehicle sustained damage. Find out if there is any video footage available of the accident itself or the time leading up to the accident. A business in the area or traffic cameras above the street may have surveillance cameras showing what had happened in detail. Check For Any Witnesses To Use In Court If someone had seen the accident occur, you will want to track them down to find out their view on the situation. If they believe you were not at fault, ask them to be a witness for your case. If you had taken photographs right after the incident, vehicles may be in the background. Your attorney, one like Monohan & Blankenship, will help get driving records of vehicles you can identify by make, model, or license plate. These people can then be questioned to see if they would be valuable to your...

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Considerations To Make Before Filing A Florida Medical Malpractice Lawsuit

Posted by on May 3, 2016 in Uncategorized | Comments Off on Considerations To Make Before Filing A Florida Medical Malpractice Lawsuit

Medical malpractice lawsuits are extremely complicated beasts, but they can also be very rewarding. You stand to potentially win a huge amount of money if you win a lawsuit, but you can also waste a lot of time and money if the lawsuit doesn’t go as planned. Therefore, it’s critical that you understand all of the facts and laws before you proceed. Unfortunately, every state has different laws, which can make this a somewhat complicated proposition. To help you get started, here are some of the laws that you will need to consider when preparing a medical malpractice lawsuit in Florida: Presuit The first part of a lawsuit is the presuit, where both you and the defendant(s) will have an opportunity to seek out evidence and testimony that supports your claims. In Florida, both sides need to work around two key questions: Firstly, did a named defendant act negligently? Secondly, did that negligence result in harm to the plaintiff? You are naturally going to be looking for a medical expert that can attest in the affirmative to both of those questions, while the defense and/or the defense’s insurer will try to prove that the answer to one or both of those questions is a resounding no. Depending on how strong the evidence is at this point, the case might be dropped completely. If your evidence is overwhelming, then the defendants might look to settle quickly and quietly. If your evidence is extremely weak, then the case may just get thrown out of court. Damage Caps Damage caps are one of the most important elements of lawsuits, since they determine exactly how much you can win. Like most states, Florida has some very strict damage caps when it comes to medical malpractice cases. In general, the cap is $500,000 in noneconomic damages. This cap is applied in several ways, the first of which is that you may sue for no more than $500,000. If there are multiple plaintiffs, then each is capped at $500,000. Secondly, this cap also restricts how much a single defendant can be sued for. Even if there are several plaintiffs that are all suing the same defendant, you cannot go over that $500,000 mark. However, this cap doesn’t apply to every case. If the individual in question was put into a vegetative state, died, or otherwise suffered a catastrophic injury and you are filing on their behalf, then the cap goes up to $1,000,000. This also overrides the earlier restriction on how much a defendant can be sued for, so you can pursue the full $1,000,000. Contact a business, such as Kiernan Personal Injury Attorneys PA, for more information....

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Top Four Tips For Avoiding Accidents With Bicyclists

Posted by on Apr 19, 2016 in Uncategorized | Comments Off on Top Four Tips For Avoiding Accidents With Bicyclists

Just like in any accidents, both the driver and the bicyclist may be at fault in a car-bicycle accident. Therefore, it is the responsibility of all road users to do their best to avoid such incidents. As a driver, here are some of the measures to help you avoid getting into crashes with bicyclists: Understand That the Bicyclist Is Vulnerable Most bicycles weigh less than 30 pounds while most cars weigh more than 3,000 pounds. Add this to the fact that you are protected by the body of the car, seatbelt, and airbag, while the bicyclists have none of those. This means that, in a car-bicycle crash, the bicyclist almost always ends up more injured than the driver. Therefore, don’t forget that even a mere “brush” between you and the bicyclist may end in severe injuries for them. Having this in mind may help you be more careful around bicyclists. Know That Bicyclists Are Also Entitled To Road Use Some drivers think that they are more entitled to road use than their bicyclist counterparts. Nothing could be further from the truth; they are just as entitled to road use as you, and they also need to follow the same road rules. Therefore, don’t view them as being in your way as long as they are following the normal traffic rules that you also follow. Be Extra-Keen At Intersections It’s easy to hit a bicyclist at an intersection, especially if they are behind you. Consider an example of a driver about to make a right turn, and the bicyclist behind them doesn’t have any idea of the driver’s intention. In such a case, the driver can easily hit the bicyclist with the side of the car, especially if the bicyclist was planning to cycle straight ahead. Therefore, always signal your turns, even if there aren’t other motorists on the road. Allow the Recommended Distance Lastly, you should allow adequate space between your car and bicycle while overtaking the bicycle. Some states have enacted a bicycle safety policy that enforces a three-feet spacing between cars and bicycles. Because of their relatively smaller sizes, people tend to assume that the bicycles can squeeze through unbelievably small spaces. Unfortunately, you can easily underestimate the appropriate spacing, and you may end up end up sweeping the bicyclist onto the sidewalk, hitting them or making them lose balance. Since road rules apply to both motorists and bicycles, both of you may be liable (fully or partially) for any injuries you may cause. Therefore, just because a bicyclist has sustained more serious injuries in a crash with your car doesn’t mean they are innocent. Consult an accident attorney, such as Welsh & Welsh PC LLO, to evaluate your case and see if you can file a claim for compensation from the...

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3 Damages You Can Get Compensation for during a Personal Injury Lawsuit

Posted by on Apr 8, 2016 in Uncategorized | Comments Off on 3 Damages You Can Get Compensation for during a Personal Injury Lawsuit

If you filing a personal injury lawsuit you are probably thinking a lot about money and what you will get out of it. The only real reasons to file a lawsuit is to recoup losses that you might have experienced in an accident and to send a message that the way you were treated was not acceptable. Thus, it is important that before you file a personal injury lawsuit that you are realistic about what the damages will include. Here are some things you can ask for in compensatory damages. 1. Medical Bills Most people know that compensation for medical bills are one of the main things you should ask for in the lawsuit. The great thing about medical bills is that you have immediate proof of how much money you lost. You should be keeping all of your medical bills to show how much money you spent on medical treatment. In order to get compensation for your medical expenses you have to be able to prove that the injuries were caused from the accident. For example, if you had a pre-existing condition, you might not be able to get restitution for medical bills relating to it. This is because it is hard to prove if the accident actually did anything to exasperate the condition, or if you would have had the medical issue either way. 2. Lost Wages Another thing that you can ask for is lost wages. If you were in the hospital for a good amount of time, or had to miss work because of the accident you might be able to get compensation for the money that you lost. In order to do this you may have to bring in tax returns, W-2 forms, and/or pay stubs to prove that the amount that you earned after the accident has significantly decreased. In addition, if you were terminated from your job because you can no longer do it due to the injury, you could include that in the lawsuit. 3. Property Damage If in the accident you had damage to property you may be able to ask for compensation to replace or repair your property. In order to do this, you need to have an appraisal of how much the property was worth and you have to show that your insurance did not already repair the damage. These are just a couple things that you can ask for compensation for when you file a personal injury lawsuit. For more information, talk to a personal injury...

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Details About Medical Malpractice To Help You Decide Whether Or Not To Visit An Attorney

Posted by on Mar 28, 2016 in Uncategorized | Comments Off on Details About Medical Malpractice To Help You Decide Whether Or Not To Visit An Attorney

When a person becomes injured due to the medical services that he or she receives, the patient may not know whether or not he or she should pursue a medical malpractice suit. Here are a few details about medical malpractice law to help you decide whether or not you should visit an attorney: What does medical malpractice involve? Medical malpractice involves liability that may be assigned to medical professionals who provide inappropriate treatment to patients. If a patient incurs harm due to the services that he or she receives, and the services were performed in a negligent manner, medical malpractice is involved. Each state has specific regulations and laws that govern personal injuries that are related to medical care. However, any physician can be held liable if he or she conducts himself or herself in a manner that is outside of an acceptable standard of care that would have been extended by other physicians or medical personnel under similar circumstances. How often does medical malpractice end in a settlement? About 93 percent of malpractice cases end in a settlement. How long does it takes to resolve a medical malpractice case? After a malpractice victim files a lawsuit, it takes about 27.5 months for the case to be resolved through a settlement or by a jury verdict.  What types of errors are included in medical malpractice? Not every mistake qualifies as medical malpractice. In order to be considered for patient compensation, a medical error may fall into multiple categories. Here are a few of them: Surgical Mistakes If a doctor makes an error during surgery, such as leaving a surgical tool inside the patient’s abdominal cavity, it is considered negligence. In addition, erroneous incisions, procedures performed on the wrong patient and anesthesia errors may be considered negligence during surgery. Errors During Childbirth Errors made due to poor judgment during childbirth can also be considered medical malpractice. In a New England Journal of Medicine Study involving a random sample of resolved malpractice cases, about one fifth of plaintiffs associated with a medical malpractice case are newborn babies, and physicians who specialized in obstetrics and gynecology were the defendants in about 19 percent of cases. Diagnostic Issues If a doctor does not properly diagnose a patient’s illness or if he or she does not make an accurate diagnosis in a timely manner, it could be deemed medical malpractice.  No Consent The doctor should obtain the patient’s consent in writing before performing a medical service for him or her. In addition, the medical professional should inform the patient of the risks involved with the procedure.   Misreading X-rays  If a doctor should have been able to properly read an x-ray but read it incorrectly, the patient may not receive the care that he or she should have.   Erroneous Prescriptions The type of medications prescribed for a patient with a specific illness should be in line with what is commonly used to treat the patient’s illness. If the doctor uses medication that does not typically apply to the patient’s condition, and the patient incurs harm, the doctor may be sued for medical malpractice. If you believe that you have been injured due to the negligence of a physician or other medical provider, contact a medical malpractice lawyer like one from Cohen & Siegel LLP in your...

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