What are the Legal Options for a Severe Personal Injury?

It can be scary when a personal injury thought to be mild becomes much more severe. You may be able to take legal action if the injury was received due to another person’s negligence. It is likely that you have expenses from your injury which may entitle you to compensation for expenses such as damages, medical bills and lost wages. The following outlines important points when pursuing a personal injury claim.


Accepting a Settlement

Only a small number of personal injury cases actually sees trial, only about three percent, according to the Bureau of Justice Statistics. Mediation is when a professional manages a negotiation between parties regarding a settlement. Mediation is a common way that compensation is determined and can be an alternative to court. It usually will help to swiftly settle a case which can be especially helpful if you are in need of immediate financial assistance for your injuries. Chances of receiving a fair settlement usually increase if it’s fairly obvious that the other party was negligent. By settling out of court, you can avoid the stress of going through a timely trial process.


Statute of Limitations and Damages

An attorney will be helpful in determining the statute of limitations as it varies depending on the state that you live. This is especially important if you are injured and have delayed symptoms, which can delay the filing of a lawsuit. Your attorney will also be able to evaluate the case and help to determine the types of damages you may be entitled to collect. Most likely your claim will include damages such as:

  • Lost wages
  • Medical bills
  • Pain and Suffering
  • Punitive damages


Working with Experts

You will need to prove that you were injured from the accident that occurred. It is vital that you seek medical advice as soon as you are aware of injuries. You will want to work closely with a doctor to determine what types of treatment will be needed. Medical professionals are also important because their evaluation can help to build a solid personal injury case. Reputable Charlottesville VA injury lawyers may even utilize expert witnesses to testify to the injuries that were received to help prove your claim. Usually an attorney will have regular expert witnesses that they employ for such situations.

It will be important to contact a personal injury attorney if you are considering whether or not to pursue a personal injury claim. They will be able to figure out the best way to move forward by looking over the details of your case. An attorney with experience will be able to help by acquiring witnesses and ensuring that all required evidence is gathered. There is no risk in speaking with an attorney because, in most cases, personal injury attorneys offer initial consultations for free.

 

Thanks to our friends and contributors from Martin Wren, P.C., for their insight into personal injury.

 

What is an Attractive Nuisance in a Personal Injury Case?

The legal doctrine of premises liability enforces responsibility of a landowner or tenant for any injuries sustained by a third party on their property. One type of case involving premises liability includes what is called “attractive nuisance.”

Most Common Premises Liability Cases  

Slip and fall incidents are the most common type of premises liability cases. A shopper in a grocery store may slip where someone had been mopping because there was no wet floor sign. In this case, that shopper can sue the owner of the store for a premises liability claim because of negligence.

The specific circumstances of the incident can determine that the person or party controlling the premises should be held responsible for a shopper’s injuries. If the store rents the building then their landlord who owns the building would not be held liable, the fault is still with the operator of the store.  

A property owner generally is not responsible for injuries on their property sustained by trespassers. However, the exception to the rule is the rule introduced earlier, “attractive nuisance.” A swimming pool is a perfect example of an attractive nuisance. It is highly attractive to most people particularly children, and every year a number of children drown due to unsecured pools.

Doctrine of Attractive Nuisance

Landowners or tenants may be liable for maintaining anything on the property that is attractive to children. If children are injured by a swimming pool for example, because they are drawn to its attractiveness, the owner can be held liable for that injury. Attractive Nuisance Doctrine is meant to protect children primarily who aren’t able to understand the dangers such hazards could present to them.

A child’s maturity level is weighed case-by-case. If a child has demonstrated a maturity level including understanding of danger, the doctrine may not apply to their particular case.

The laws regarding the doctrine are changing. Before, the nuisance had to be the reason the child entered the premises in the first place, but now, in most states, a property owner or tenant is responsible even if the child entered the property for another reason. Now the requirement is that the owner or tenant could have reasonably predicted that something on the premises could be potentially harmful to the child.

Hire a Premises Liability Lawyer

Schedule a consultation with a personal injury lawyer such as the lawyer Fort Collins, CO locals turn to. Your unique situation and the unfolding of events will be discussed and your lawyer can help you proceed with gathering evidence. Usually an initial consultation is free, and you can decide if you will benefit from the legal advice moving forward.

 

Thanks to authors at Cannon Hadfield Stieben & Doutt  for their insight into Personal Injury Law.

How You Can Manage Your Savings After Receiving a Settlement

If you have received money in a personal injury settlement and are unsure how to go about saving it, there are a few things you must know before you make any big decisions. Being aware of the tax consequences is a big step in the right direction. Many individuals do not realize that taxes are also taken out of personal injury settlements, so educating yourself about them is very important. Hiring a personal injury lawyer or using the one that won you the settlement is recommended. They can how explain the amount of tax to expect on your settlement.

Creating a Plan

Before you make any huge decisions, you need to make sure that you have or create a concrete plan for your money.  You must ask yourself what you would like to do with your settlement money.  Would you like to buy a bigger house or to fund your retirement, or would you like to donate to charity and ensure that your children have money for their college tuitions put away? By creating a plan, you can be certain that you will not stray too much from what is important to you. Hiring a professional can help you avoid making mistakes like investing too much money when you are trying to save towards a bigger goal. Taking out a life insurance policy on yourself is something else to keep in mind. This can help not only you but your family as well in case something happens to you. The rule of thumb here is to get life insurance while you are healthy so that you do not have to worry about it if your health ever changes. Another thing to consider is paying your debt or mortgage off. It is only human to forgets about your debt when you suddenly come into a large amount of money.  While creating your plan, you should remember to include your debt or mortgage. This will make things a lot easier down the road. If it is possible for you to keep working, think over the idea of keeping your job.  A regular paycheck can go a very long way when added to your settlement income. Also, if you stop working you will lose a contribution for Social Security benefits.

Contact an Attorney

Get in touch with an experienced attorney such as the personal injury lawyer Phoenix AZ locals trust. Having a solid plan created before contacting one is a good way to keep yourself accountable and shows that you are taking steps to become wiser with your money.

 


Thanks to authors at Lorona Mead for their insight into Personal Injury.

Common Injuries in Amtrak Derailments

Amtrak trains help over 19 million travelers and commuters annually. However, train derailments occur more often than you would think, and they can have many different causes. Defective equipment, operator errors, debris on the train tracks, suicide attempts, and possible bomb threats are all causes of this. Amtrak accidents are known to cause a  variety of different injuries in passengers. Financial and mental injuries are common amongst amtrak derailments. Physical injuries result in broken bones, brain and back injuries, and internal bleeding or bruising. Many are permanently injured after amtrak derailments. Often times they will sue for lost wages, medical expenses, and trauma. Some victims may become so traumatized by a train derailment that they have constant anxiety or depression for the rest of their lives. Many of these victims choose to sue for pain and suffering.  Victims also can file for replacement services. For example, if they were injured and cannot drive their children to school anymore, clean the house, cut the grass or do their own laundry, they can file to have Amtrak pay for these services you can no longer do. Each year, over 12 people are killed in Amtrak derailments. In rare events, Amtrak derailments can result in an individual losing their life. In a 2015 event, a train operator at the New York City Amtrak took a curve going 100 mph instead of the 50 speed limit, and the train slid off of the tracks. Last year alone, over seven wrongful death lawsuits were filed against Amtrak for derailments resulting in a loss of life.

Contact an Attorney

If you or a loved one has endured any type of injury from an Amtrak derailment, definitely consider contacting a personal injury lawyer as soon as you can such as the personal injury lawyer Chicago IL locals trust. She or he will be able to assist you in filing a lawsuit against Amtrak and help increase your chances of getting a fair compensation for lost wages, medical expenses and emotional trauma dramatically. A personal injury attorney will assist you in gathering all of the necessary information and speak with Amtrak insurance companies on your behalf so that you do not incur any unnecessary stress. They will also represent you in the event that you go to court, and because most lawyers do not charge you unless you win a case, you do not have to worry about paying unless you receive a settlement.


Thanks to authors at The Law Offices of Konrad Sherinian for their insight into Personal Injury Law.

Physical Therapist Malpractice

Physical Therapists are known for their unique practice of medicinal arts. Individuals who have been in car crashes, injured in a sports related situation or dealt with any form of muscle pain have been presented with the opportunity to receive treatment from a Physical Therapist. While most treatment is deemed as helpful by clients, there will always be an individual that claims their pain worsened because of their visit to the Physical Therapist. The possibility that you were injured by the Physical Therapist himself is there, but it is very small. Misdiagnosis and unnecessary treatment involving manipulation of the legs, neck, back, or arms are possible as well.

Physical Therapists are so deeply trusted because they are known to help with such a wide variety of injuries. Car accidents, slip and falls, and sports injuries are among the most common. Although they are not considered doctors, Physical Therapists must uphold their reputation that with their treatment pain will subside, and not worsen. Physical Therapist malpractice can occur when the Physical Therapist fails to assess and treat an injury correctly, and does not provide the care necessary to ensure injury prevention for the patient. There have been cases of malpractice in which individuals have sustained spinal cord injuries, torn tendons and muscles and even herniated discs due to chiropractic negligence.  

In the event that a Physical Therapist is negligent, you should reach out to a personal injury attorney to help determine the laws in your state regarding chiropractic malpractice. Many states follow the rules of medical malpractice lawsuits, and failure to follow these rules will lead to a case being dismissed.

Per example, in many states you must obtain a second opinion on the standard of care received. You may visit your doctor to do this and they can assess your injury to see if it was caused by the original accident or not. Most states also require that you submit your case to be reviewed by a panel before you even pursue a lawsuit within two to three years of the injury.

Filing a lawsuit against a Physical Therapist by yourself is a difficult task and should not be taken lightly. A Physical Therapist will most likely take longer and fight harder against an individual who is not represented by legal counsel, so hiring a personal injury attorney can increase your chances of a fair and equal trial. Ensuring you are working with an experienced physical therapist in the first place is always recommended such as the Physical Therapist Rockville, MD locals turn to.


Thanks to authors at Pain and Arthritis Center for their insight into Chiropractic Care.

Water Ski

Water SkiWater skiing is an exciting sport; but like all sports, it comes with a lot of risks. At speeds of up to 50 mph, water skiers must be extremely aware of other boats, swimmers, and any obstacle, which can cause them to lose balance and crash into the water. These personal watercraft provide a lot of fun on the lake, but they also pose significant risks for serious accidents and injuries.   It would be wise to ride along with someone or get some training out in front of water skiing.  Because of the possible repercussions of riding with someone intoxicated or attempting to go at it alone can prove to be traumatic, or worse, fatal.

Most jet ski accidents involve collisions with other watercraft. When collisions occur, jet ski riders are frequently thrown into the water, knocked unconscious, and often run over by another watercraft. Accident lawyers, like a personal injury attorney Dekalb County GA trusts, commonly see injuries including broken bones, head injuries and concussions, and brain trauma. Fatalities from jet ski accidents are most often caused by serious head trauma and drowning. Common causes of jet ski accidents include:

  •   Inexperienced operators
  •   Speeding
  •   Alcohol and/or drugs
  •   Lack of attention to the water and boaters
  •   Lack of safety equipment
  •   Malfunctioning equipment

Although some injuries are avoidable, the negligence of someone else is not something you have to take lying down.  If injured, you should get treatment and keep a record of any and all funds spent. You or your loved one deserves to be compensation for medical bills, lost income, and pain and suffering. Even if your injury seems minor, small, or as though it will not have a lasting impact, it is always important to seek medical attention. If you are at a resort vacationing and get injured, while you may not want to, you should take some time away from your family to see a doctor or medical provider. To be honest, waiting to seek medical treatment will only bolster the insurance company’s argument that your injuries are not related to the accident and decrease your chance of recovery. Without this initial medical documentation, you may lose the opportunity to recover compensation for your damages completely or at a minimum, recover less than what you are entitled to.  In cases such as the aforementioned, please seek the assistance of an attorney to find of what, if anything you have coming to you.

Thanks to contributor Andrew R. Lynch, P.C. for their insight into water ski accidents and personal injury practice.

 

Seeking Support for Knee Pain Following a Car Accident

Victims of car accidents often experience Knee injuries; however, due to hormones commonly released in traumatic situations these victims are often unaware they incurred any serious injuries at the time of the accident. This phenomenon tends to result in victims not seeking medical attention promptly. Unfortunately, this common obliviousness to serious injury has potential to amplify the impairment – possibly resulting in irreversible damage to the victim. As a victim of a car accident, it is paramount to be assessed by a medical professional regardless of the symptoms you may be immediately experiencing to determine whether or not treatment is necessary.

Vehicle Safety Features

Common parts of the body affected by a Knee injury include: the spinal cord, discs, tendons and muscles. Requirements in the auto industry include various safety components in an effort to prevent more disastrous or fatal injuries from occurring. Standard safety features include airbags, seat belts and hood crimps which prevent the hood from breaking through the windshield upon impact.

Knee Injuries and Medical Diagnosis after a Car Accident

Victims may suffer many different Knee injuries attributed to car accidents. These injuries can include: Soft Tissue Bruising, Soft Tissue Tears,Fractured Knee,  Dislocated Knee and Herniated Discs. However, the diagnosis in not solely limited to what injuries were incurred, but also the extent of said injuries. Since Knee pain can range anywhere from mild to severe the doctor must assign the appropriate test/s to both identify the type of injury and the intensity of the injury.The tests the doctor may choose from include: X-ray, Computerized Axial Tomography Scan, or Magnetic Resonance Imaging.

Chiropractic Care and You

Chiropractors are a valuable asset to individuals experiencing Knee pain. The trained professionals are capable of relieving Knee pain through developing a treatment plan customized to the victim’s type of injury and extent of pain. It is not uncommon for a victim to be aware of the pain they are experiencing while being unable to identify the location of source. Chiropractors are equipped with the tools and knowledge to locate the source of the pain and treat it appropriately. For example, perhaps an individual is experiencing numbness in other regions of their body; the chiropractor can find and identify the source of the pain. Fortunately,  chiropractic care is covered by many insurance plans as well as workers compensation. Work with an experienced practice such as the knee arthritis treatment Rockville, MD locals turn to.

It is a well known recommendation that a car accident victim should seek an attorney with expertise in the area in order to review the claim and provide guidance around potential next steps.


Thanks to authors at Pain & Arthritis Center for their insight into Chiropractic Care.

 

Why do Personal Injury Claims take a long time to resolve?

 

 

There are several reasons why a personal injury claim may take several weeks to months to resolve.

 

  1. Your personal injury claim is contingent on your bodily injuries. Sometimes a person is highly injured due to a fall or car wreck. Those injuries may take months to heal. Considering the treatment and the doctors involved, personal injury attorneys may chose to wait until your treatment is complete to order all medical records and bills to send to the other party’s insurance company.
  2. Medical records and bills retrieval takes a long time. Some hospitals and doctor’s offices take weeks to get the medicals records and bills to the requesting attorney. The attorney, like a personal injury or car accident lawyer Arlington TX trusts, also has to ensure that the records received are complete.
  3. Review of Medical Records is a must. Personal injury attorneys, via their paralegal or assistants, have to review all of the records and bills to ensure the information they seek is in the records. In order to meet the causation element of the negligence claim, the attorney should be able to prove that all of the injuries claimed are related to the incident. Medical records (doctor’s notes) are the best way to prove that element.
  4. Drafting a demand. Depending on a particular law firm’s demand drafting requirements, it may take a few days to draft a demand. Some law firms only include a couple of pages of information in their demands, while others thoroughly review and include all medical treatment information related to the incident to ensure a readable summary for the adjuster to consider.
  5. Correspondence with insurance company. Adjusters typically handle bodily injuries claim for traditional insurance companies. In a commercial policy case, an attorney may handle. Every adjuster has several hundred bodily injury claims they handle for the insurance company. Sometimes it takes them a couple of weeks to get back to the attorney’s office with an offer or denial of a claim.
  6. God forbid, litigation. If an offer is a low-ball offer, or complete denial, and your attorney recommends that you file suit in order to get compensated for your claim, that could take at least 1-2 years, if not longer, to come to a close. Litigation runs on 5 different calendars – your attorney’s, yours, opposing attorney’s, opposing party’s, and finally, the Court’s calendar. You can only imagine how hard it might be to get everyone on the same date together to litigate your matter, as well as conduct hearings and mediations.

 

brandy-austin-law-firmThanks to our friends and contributors from Brandy Austin Law Firm, PLLC for their insight into personal injury claims.

 

What is Forensic Accident Reconstruction?

Car accidents have risen significantly over the last few years. In Arizona, there was a 6% increase in deaths caused by car crashes last year alone! Forensic accident reconstruction gives lawyers the ability to examine for negligence by either party that caused an accident. Reconstruction of an accident quickly became a vital part in personal injury claims, because now there are experts that are trained with the latest software that can recreate a car accident. 3D technology is used in order to reconstruct a car crash. Whatever the findings are, they may be used in order to confirm a witness is telling the truth, determine any flaws within a witness’s testimony, show impact related to injury, and even in some cases determine fault. Forensic accident is most commonly used in pedestrian related car accidents.  Determining the force of the impact and assessing the crash in all five kinds of pedestrian accidents, like fender accidents, forward projection accidents, roof vault accidents, somersault accidents and wrap trajectory accidents is very beneficial. Another common accident that forensic accident reconstructions helps with a lot is car accidents between cars and larger vehicles like buses or semi trucks. Often times, the sheer size of the truck or bus, their center of gravity being higher, and their momentum are all taken into account when forensic accident reconstruction techs determine the severity of impact.

 

Injuries That May Require a Personal Injury Attorney

 

There are many injuries that may require the aid of a personal injury attorney. Injuries that are especially severe or serious, like if your leg was broken or you incurred horrible back pain. A personal injury attorney can help you get compensation for medical expenses for the past, present and future. Injuries that cause you permanent damage or result in your being permanently disabled will definitely require an attorney. A personal injury attorney will fight for lost wages, emotional damages, and medical expenses to ensure that you get the most you receive in a settlement. You may also need to obtain an attorney if your insurance company declines to offer any monetary compensation.

 

The Importance of Hiring a Personal Injury Lawyer

 

It is important that you hire an attorney, like a personal injury lawyer Fort Collins CO can count on, rather than pursue a settlement alone because personal injury claims can be very complicated when it comes to forensic accident reconstruction. If you do not have an attorney, you will most likely not receive any accident reconstruction and fault may be placed on you.

 

Thanks to our friends and contributors from Cannon Hadfield Stienben & Doutt, LLC for their insight into personal injury practice.

Ways To Avoid Probate

 

Trying to determine your deceased loved one’s last wishes can be challenging if they did not leave behind a will or estate plan. Resolving their financial and legal affairs can be tedious and stress inducing. Probate can be a positive thing if the deceased did not leave behind a will. Usually, the probate process goes pretty smoothly for all beneficiaries. The deceased’s will can be legitimized by the court and their money and property are distributed to beneficiaries or closest relatives. Usually, in bigger cases where an estate is larger, or a will is challenged by an outside individual, probate can be quite costly.

Avoiding Probate

If you create a living trust or will, you can avoid probate automatically by transferring the ownership of your assets to a beneficiary or multiple beneficiaries. When you pass, your beneficiary has the legal authority divide your assets to whomever they see fit. Once you write a trust and pass away, your property is no longer considered yours and not part of your estate. It is vital that you remember that while assets are written in the trust, they may be liable to undergo estate taxes. Usually, joint ownership is shared with the deceased’s wife or husband, but it is not mandatory that this is so. Sometimes joint custody of a vehicle or property is shared with a close friend. When an individual passes, whoever they are sharing joint ownership receives sole ownership. Many people make the choice to divide their assets before they die in a will. If you want to avoid probate, you should consider gifting a beneficiary with an asset. Just be sure to keep in mind that costly gifts may be subjected to gift taxes. Insurance policies and retirement accounts will require the deceased to have to designated a beneficiary in order for the funds to be claimed. Usually the beneficiary is the husband or wife of the deceased, and if not then the child or grandchild. The only thing that would need to be presented is the deceased’s death certificate and the beneficiary’s government issued identification.

Contact an Attorney

You should consider contacting an estate planning lawyer  such as the Estate Planning Attorney Scottsdale AZ locals trust so that they can help you to write an estate plan or will. They can give you information specific to your current state’s laws, guide you through more ways to avoid probate and further explain the probate process to you.

 

Arizona Estate Planning AttorneyThanks to authors at Hildebrand Law for their insight into Estate and Probate Law.