Can moving costs be considered in a personal injury settlement if I have to move because of my injury?

When you have been injured in an accident or incident that happened because of the negligence of another party or parties, the law says you are entitled to pursue damages against those responsible for the losses that you have suffered because of those injuries.

What Is a Personal Injury Claim?

The purpose of a personal injury claim is to make the victim “whole” again, the theory being that if not for the other party’s negligent action or behavior, the victim would not have been injured and would not have suffered losses.

There are many types of accidents/incidents where a victim can file a personal injury claim including vehicle accidents, premises liability, medical malpractice, and defective products injuries. The process of pursuing damages will depend on what type of accident occurred.

For example, if victim is injured in a car accident caused by another driver, they will likely file a claim against that driver’s insurance company. If the victim was injured in a slip and fall accident at a shopping mall, then the claim would likely be filed against the property owner’s insurance company, and so forth.

In many cases, the insurance company will try to settle the claim with the victim. If no agreement can be reached, the claim then becomes a personal injury lawsuit and is litigated in a civil court of law, with the final decision of liability and monetary award decided by a judge or jury.

The usual damages that are awarded to accident victims include medical expenses, loss of wages, pain and suffering, and emotional anguish. However, there are also many accident claims/lawsuits where the victim has suffered permanent damage or disability, resulting in even more substantial losses that the victim is entitled to be compensated for.

An example of this type of compensation would be a victim who is left paralyzed and so their home requires major modifications in order for the victim to be able to function, such as wheelchair ramps, widened doorways, lowered counters, and other handicapped accessible renovations. Under many states’ tort law, the at-fault party could be held liable for these expenses.

But what happens if the victim lives in a home where those renovations are impossible? Maybe they do not own the property and the landlord does not want these types of renovations to be made. Or maybe they live on the second or third floor with only stairs to gain access to their home. If the victim is forced to move as a direct result of their injuries, then their personal injury attorney can pursue the costs needed for that move against the negligent party.

Another example where the at-fault party may be responsible for the victim’s moving expenses is in the case of a victim who has been sexually assaulted where they live and it has been proven that the property owner was negligent in security at the location, resulting in the assault. If the victim is too afraid to live at the location then the property owner can be held responsible for those moving expenses.

Contact a Personal Injury Attorney

Personal injury cases can be complicated and require the legal expertise of a skilled and experienced attorney. If you have been injured in an incident that resulted because of the negligence of someone else, contact injury lawyers Charlottesville VA frequently relies on to find out what type of damages you may be able to seek. Call today.


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


Determining Truck Accident Liability

A seasoned truck accident attorney understands that truck accident injury claims are often considered some of the most complex types of injury claims to negotiate and settle. The reason for this is because there is often more than one party who may be held liable for the truck accident.

Who is at Fault?

When you meet with an attorney, like a personal injury lawyer Cheyenne WY relies on, he or she will go over all the details of your accident with you, and determine which party or parties are responsible. The at-fault party could be one person or entity or multiple parties.

In the majority of truck accident cases we represent, the at-fault parties include:

  • Truck driver. In many truck crashes, the actions of the truck driver behind the wheel lead to the accident. The driver may have been speeding, engaged in distracted driving behaviors, or suffering from driver fatigue. The driver also may have been guilty of violating federal trucking regulations, such as not taking the required breaks.
  • Trucking company. In determining who is at fault, your attorney will also examine trucking company factors which may have contributed to the truck accident. Some of these factors include:
    • Was the truck driver the company employed well-trained and experienced?
    • Did the company do a thorough background check on the driver’s history, or did the driver have a history of being cited for dangerous driving issues?
    • Did the company regularly inspect the vehicle, and was it well maintained?
  • Freight or cargo company. Your attorney may also look at the role a freight company may have played in the crash, such as whether or not the load was secured properly and whether the truck over the legal limit.
  • Truck manufacturer. If the truck accident was due to a defective truck part, your attorney may file a claim against the manufacturer of that part.

An example scenario of when an attorney determines there are multiple at-fault parties could go as follows: Say a truck driver was in a hurry to meet his delivery schedule and was going over the speed limit. He drove up to a traffic slowdown, but was unable to stop in time because of the extra speed, and crashed into a vehicle. During the injury claim investigation, the victim’s attorney discovered that there was also a defect with the brake pads that should have been discovered during vehicle inspections, but the trucking company records reveal the vehicle was not inspected as often as it should have been. Thus, the defect was not discovered.

In this scenario, the attorney could name the truck driver, the trucking company, and the truck brake pad manufacturer all as contributors to the crash which caused the victim’s injuries.

Contact a Truck Accident Attorney

Don’t hesitate to seek legal representation if you’ve been adversely affected by a truck accident. Contact a truck accident lawyer today.


Thanks to our friends and contributors from Cannon, Hadfield, Stieben & Doutt, LLC for their insight truck accident lawyer.

Personal Injury – Parking Lot Accidents

It is the duty of the shop owner or a contracted entity to ensure that their property is safe from dangerous conditions, to include poor property upkeep.  You may think that it is your duty alone to make sure you are safe, that is an incorrect assumption.  It is the job of the owner of the establishment to ensure that their premises are safe for patrons and employees.  The property owner can likely be held responsible for the actions of third party vendors, only an attorney, like a skilled Dekalb County car accident lawyer, can best determine what, if anything should happen.  In the event there are documented issues on a property and the property owner fails to take measures to adequately protect patrons, visitors, or other people who are allowed to be on the premises, the property owner may be held responsible for injuries sustained from falls or injuries that happen on their property.

        Property owners would be liable for a customer’s harm if they had acted negligently (i.e. failing to provide adequate security).  As a victim, you wonder how to prove that a property owner’s negligence contributed to your injuries. Initially, you may be required to show that a pattern of negligence that existed—as this should prompt a property owner to review their property.  If trip over debris that is left in the parking lot, for example, you could make a case for poor maintenance 1) a similar occurrence happened previously on the premises and 2) the property owner had failed to implement safety measures that would prevent future accidents.

Such measures may include any of the following:

  •      Improving their outdoor lighting
  •      Hiring additional security guards
  •      Installing outdoor security cameras
  •      Building a fence around the perimeter
  •      Creating new security protocols

In the event a friend or family member has been involved in an accident involving a cart corral, a parking wedge, or moist pavement not identified by a sign, you may need to speak with professional to find out what, if any leverage you may have in situation.  By consulting a professional, you are giving yourself an opportunity to find out your rights and to determine if you can get assistance with pain and suffering, loss wages, or medical bills.  Attorneys are likely familiar with any circumstance you have experienced and can better advise you on what the next step should be and assist you with attempting to figure out what monetary monies may be due to you.

Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into parking lot accidents.


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.