What’s the deadline for filing a lawsuit? | Eric H. Luckman Law

If you want to file a lawsuit, understand that there is a statute of limitations. The court only gives you so much time to sue a person or entity. After the deadline has passed, you lose your right to pursue compensation.

Each state found in the United States has different statute of limitations laws. Some states may allow individuals one year to file a lawsuit while others may allow three years.

There are also certain deadlines that are established for different types of cases, such as:

  • Personal injury
  • Wrongful death
  • Breach of contract

What Triggers the Statute of Limitations?

The statute of limitations commences from the exact date the wrong or civil injury occurs. For instance, when a person suffers an injury as a side effect from a car accident, the statute of limitations commences from the exact date of the accident or collision that is being questioned.

However, there is a statute of limitations exception has to do with a specific situation where the initial suing party was not aware they had sustained an injury. For instance, say a mistake was made by a surgeon during a surgery. Often, a patient would not be aware of the issue or mistake that was made immediately. Once the person becomes aware of the issue at hand, that is when the statute of limitations commences.

A caveat does exist to this exception. If it is determine that a person should reasonably have known of an injury by a specific date, that is the date the statute of limitations exists. Even if the person is lacking knowledge of the issue or injury, this would still be the case.

Retaining Legal Counsel

The variety of governing laws associated with the statute of limitations, along with the lawsuit filing timeframe, underscores the necessity of retaining experienced, capable legal help. By ensuring you take a proactive position in seeking and hiring an attorney, like a personal injury lawyer Brooklyn NY can trust, you are automatically placing yourself in a great position to make sure that your case is filed in court and abides by legally mandated timelines.

If you would like to pursue a lawsuit, the first step is reaching out to meet with legal counsel and scheduling your initial consult appointment. In most cases, a personal injury lawyer will not charge a fee for your initial consultation when discussing a potential case. Because of this, you should look into seeking legal representation as soon as possible to ensure you are minimizing your risk of filing the lawsuit after the statute of limitations has already expired.

Laurence C Tarowsky Attorney at LawThanks to our friends and contributors from The Law Offices of Laurence C. Tarowsky for their insight into filing a lawsuit.

Three Options to Avoid Probate | West Palm Beach Attorney

Death can be an awkward topic of conversation and preparing for one’s death can be difficult. A major part of the preparation involves estate planning which protects the assets of the owner of the estate. This planning helps your loved ones avoid the probate process.

What Is The Probate Process?

Probate is the legal process that facilitates the distribution of assets to family and heirs. Your will lists who receives which of your items, for example, you may leave your grandfather’s gold watch to you eldest son. In that case, probate is a necessary process. However, you can eliminate probate altogether in a few different ways:

Option 1: Creating a Living Trust

A living trust is an alternative to a will and can be considered if you want to still appoint assets to certain individuals. When you create a living trust, assets are placed in a trust overseen by a chosen trustee. The trustee then gives the assets to the designated heirs after your passing.

Option #2: Joint Tenancy with Rights of Survivorship

You could hold your property and assets jointly with another person. You don’t have to be married to do this! When you have joint tenancy, property is automatically transferred to the joint owner after you pass away. However, some forms of joint tenancy do not automatically transfer your interest to the other owner. Make sure you discuss a joint tenancy with your estate planning lawyer because if you take the wrong type of ownership, then your assets may still be probated in order for a transfer of ownership to take place. Consulting with an experienced attorney such as the such as the Estate Planning Attorney Scottsdale AZ locals have been trusting for years is highly advised.

Name Beneficiaries

If you do this, your assets like life insurance policies and bank accounts are payable on death to designated beneficiaries. It is very simple although many people fail to do so. Accounts you can set this up for also include IRA accounts, 401K retirement plans, pensions and stocks and bonds. To name beneficiaries, you’ll have to request a payable on death form from your bank and/or brokerage company. If you don’t do this, your assets must be probated.

Consulting an experienced estate planning attorney is the best way to avoid probate and they can guide you on the various options you have to avoid probate.

Arizona Estate Planning AttorneyA special thanks to our authors at Arizona Estate Planning for their insight into Estate and Probate Law.

5 Preventable Causes of Motorcycle Accidents | Luckman Law

 

It’s no secret that motorcyclists are at a higher risk of accident and injury out on the road. According to the U.S. National Highway Traffic Safety Administration, motorcycles are 35 times more likely to be involved in a fatal crash than automobiles. Motorcyclists may choose to ride for a variety of different reasons, but there are some standard practices across all types of riders and all types of bikes that can be used to avoid an accident.

As a rider, avoiding the following common causes of motorcycle accidents can help keep you and others safe on the road:

  1. Lack of Education

Get educated, stay educated. Driving a motorcycle is not the same as driving a car. Take a motorcycle course and get a license. Learn how to safely ride your bike and how to safely navigate the roads. Even if you are an experienced rider, a refresher course can help alert you to new and upcoming trends on the roads (like texting motorists and self-driving cars).

  1. Lack of Regular Motorcycle Maintenance

Just like an automobile owner, all motorcyclists are responsible for the maintenance of their bike. No motorist wants to share the road with another vehicle that may unexpectedly stop working in some capacity. At a bare minimum, remember to regularly:

  • Check and replace brakes
  • Change and rotate tires
  • Change the oil
  1. Driving Erratically

This might seem like a no brainer, but in motorcycle culture there can exist an attitude of invisibility. This can cause riders to

  • Speed
  • Zig zag in and out of traffic
  • Take corners sharp and fast
  • Drive on surfaces not designated as a road

Not only does this sort of behavior endanger the rider, it also endangers other motorist and pedestrians. Be responsible.

  1. Lack of Awareness

Cars are often reminded to look out for motorcycles, but motorcycles need to be just as attentive of cars. Be aware of a car’s blinds spots, and don’t hang out in them. Watch a car’s wheels, they’ll indicate the direction the car is about to move before it does, giving you a few seconds more of reaction time. Drive with your hands over the brakes, so you’ll be ready in a split second should a distraction or accident occur.

  1. Lack of Proper Gear

The more a motorcyclist can do to make sure they are seen, the safer they are on the road. Always wear the proper clothing when riding a motorcycle. Proper clothing includes the following:

  • Long pants (made of a thick, protective material)
  • Long Sleeves (made of a thick, protective material)
  • Closed-toe and durable shoes
  • Gloves
  • Eye protection,
  • and most importantly, a Department of Transportation approved helmet.

Reminder: the brighter and more reflective your gear, the better!

If you’ve been injured in a motorcycle accident, an experienced attorney such as the Bicycle Accident lawyer Phoenix, AZ locals trust can help determine if you are entitled to compensation for your injuries.

Kamper Estrada LLP A special thanks to authors at  Kamper Estrada, LLP  for their insight into  personal injury law.

What to do after a hit and run

Apartment buildings offer homes to millions of people across the country. These buildings often offer great amenities, and remove much of the responsibility of owning a home from the tenants lives. One of the best features that comes with an apartment building is increased security. Many apartment buildings are controlled access, which limit who can enter the building. Even if the apartment building isn’t controlled access, there is a legal responsibility of the apartment complex to provide a reasonable amount of security to their tenants. If you have been the victim of a crime within your apartment complex and have suffered injuries or damages, you may be able to seek compensation due to negligent security.

Negligent security is a type of premises liability. Premises liability is a legal doctrine that holds property owners responsible for the safety of visitors and residents of their property. You may have heard it applied to tripping or slipping hazards. The principal is the same for negligent security, the property owner is to take reasonable efforts to stop a foreseeable crime from occurring. These efforts usually involve having a functioning security system, locks on the doors, limiting who has keys, and informing residents to crimes in the surrounding area.

Foreseeability of the crime is an incredibly important part of negligent security claims. Just because a crime occurred does not mean that you have a valid negligent security claim. Rather, the crime must have been preventable if the apartment building had taken reasonable actions. That being said, your case can claim the complex did not take reasonable action if the security gate is not working, or lights are out in the hallway and complaints have been made to the building manager. These are simple matters to resolve that could easily stop a criminal from being able to bring harm to the tenants of the complex. Remember also that you personally must have suffered injuries or damages to your property during the crime in order to file an effective negligent security claim.

If you believe you have a solid negligent security claim, you should contact a skilled lawyer, like premises liability attorney Dekalb County GA, in your city. An attorney will have the understanding and experience to analyze the factors of your case and determine what legal path would be best for you. Your attorney will help you to hold the apartment complex responsible for not meeting their obligation to provide adequate security, and ensure you receive the compensation that you deserve.

Andrew R. Lynch, P.C.Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into negligent security in apartment buildings

Traumatic Brain Injury Cases

Resulting from a bump, blow, or jolt to the head, a traumatic brain injury (TBI) disrupts the normal function of the brain. While most traumatic brain injuries are mild, others are life-changing and can lead to vision and hearing problems, impaired thinking, depression and other serious side effects.  Falls, being hit by or against an object and automobile crashes are the most common causes of traumatic brain injuries.

If you have suffered a head injury, it is very important to closely monitor your symptoms, write them down in a journal and tell your doctor about any unusual behaviors as soon as possible. No matter how minor your symptoms might seem,  do not ignore them. If you do not treat a head injury right away, it is more likely to cause problems with motor function, cognitive function, sensation and emotion. In fact, almost half of people who have been hospitalized for a TBI experience a related disability one year after the injury.

If another person or entity caused your TBI, you might be able to bring a lawsuit and recover damages. Your injury may have resulted in permanent damage and you deserve to be compensated for that. This injury might have affected your relationships with family and friends, your ability to do household tasks, work a job and do many other activities.

If you have suffered a head injury and would like to file a lawsuit, you may want to consult with an experienced personal injury lawyer Fort Collins, CO relies on. He or she can improve your chances of winning fair compensation and protect your rights. During your first consultation with a personal injury lawyer, don’t forget to bring any documents relating to your case, such as medical records and witness statements. Your lawyer may look at these documents to determine if you have a strong case or not.

If you have any questions at any time during the consultation, do not be afraid to voice them. For instance, you might wonder how many traumatic brain injury lawsuits a personal injury lawyer has handled in the past or where he or she attended law school. These types of questions can help you learn more about a lawyer’s skills and experience.

Many personal injury lawyers work on a contingency basis, so you do not have to worry about owing any money upfront. They will only take money if you win your case.

 Cannon Hadfield Stienben, LLC Thanks to our friends and contributors from Cannon Hadfield Stienben, LLC for their insight into personal injury and traumatic brain injury cases.

Allergic Reaction to Sunscreen – Do I Have a Personal Injury Case?

Wearing sunscreen, even if it’s not the best sunscreen out there, is one of the best ways to protect yourself from the sun. However, there have been cases where people have suffered allergic reactions from sunscreen. If you experienced an allergic reaction from sunscreen, you may wonder if you have the right to pursue a personal injury lawsuit against the manufacturer.

The Basis for Liability in a Personal Injury Case

Experiencing an allergic reaction from a sunscreen can qualify as a products liability case, a type of personal injury claim. Let’s take a look at the four elements that must be in place to file a personal injury claim:

  • Duty of Care: The manufacturer of the sunscreen product has a duty of care to make sure the product is safe for the public to use and reveal any possible negative consequences that can result from using the sunscreen.
  • Breach of the Duty of Care: If the sunscreen manufacturer knew that the product could cause an allergic reaction and didn’t disclose that, it could be considered a breach of the duty of care.
  • Proximate Cause of the Accident: The breach of the duty of care has to be the legal and factual cause of your allergic reactions.
  • Suffer Actual Injuries, Damages or Losses: The last step is showing that you had an adverse reaction to the sunscreen product.

Who is Responsible for Your Injuries

The manufacturer of the sunscreen product is most likely legally responsible for your injuries. The store you bought the product from may also be considered responsible.

Compensation in a Sunscreen Personal Injury Lawsuit

The amount of compensation you may receive in your sunscreen personal injury lawsuit can depend on several different factors, such as your medical bills, pain and suffering, mental anguish and emotional distress and lost wages. A skilled personal injury law can evaluate all the factors in your case and estimate the amount you may receive in damages.

Hire a Lawyer in a Sunscreen Personal Injury Case

If you wish to pursue a personal injury claim involving an allergic reaction to sunscreen, it may be in your best interest to hire an experienced personal injury lawyer. He or she can protect your rights and improve your chances of receiving the compensation you deserve. The majority of personal injury lawyers offer free initial consultations, so you do not have anything to lose by speaking to one.


Thanks to our our friends and contributors from Bu Screen for their insight into sunscreen allergens.

Can a Personal Injury Settlement Award Be Included in an Estate Plan?

Can a Personal Injury Settlement Award Be Included in an Estate Plan?

When an individual is injured in an accident by the irresponsible actions of another it can have long-term or permanent consequences. The U.S. Department of Justice reported that:

52% of personal injury cases were caused by motor vehicle accidents.

15% of personal injury cases were caused by medical malpractice.

5% of personal injury cases were due to product liability.

28% were from other causes.

 

Along with pain and suffering, a victim’s injury can require continuous medical care. As the they recuperate, he or she will probably have many questions, which is a normal reaction. When an injured victim takes the time to understand his or her options, they can help protect their best interests. A personal injury attorney can help protect their rights and provide guidance as to which of their legal options is in their best interest.

 

After an accident, the victim may be terrified and baffled. He or she will likely be extremely frustrated if the incident occurred because of another person’s negligent conduct. The bright side is that with the guidance of a knowledgeable attorney, the victim may increase their chances of receiving the compensation that is deserved.

 

Damages in a Personal Injury Lawsuit

 

An individual should keep in mind the monetary award from a personal injury case typically depends upon the kind of accident and the severity of the injury. In some states, if an individuals was harmed in a car crash, he or she may only be awarded monetary damages for pain or if there is an economic loss above $50,000. In most states, there are caps on monetary damages to avoid victims seeking unjust compensation.

 

Personal Injury Settlement Estate Planning

 

Can you include a personal injury settlement in an estate plan? Yes. The process can be complicated, however, which is why many choose to work with an estate planning attorney. He or she can make sure that all legal requirements are met and that the estate plan will be legally binding.

 

The Benefits of an Estate Planning Lawyer

 

Life can be unpredictable, and unfortunately, a serious injury can force the person to reassess how they want to care for their heirs after they pass away. By making prior arrangements for distribution of one’s settlement award, it can greatly benefit one’s heirs. By planning your estate in advance, your heirs will have greater clarity as to your final wishes. Our Sacramento estate planning lawyer can also make sure that your estate does not become a tax burden. Find out more about your estate planning options by speaking with a attorney who focuses on this area of the law.


Thanks to our friends and contributors from Yee Law Group for their insight into  Estate Law.

Can I Sue My Employer for Emotional Distress?

The question of whether an employee can sue an employer for emotional distress must be taken seriously. Dealing with stress at work is common and can often be managed, but what happens when stress levels change from normal to physically and psychologically damaging? When has an employer stepped over the line from being difficult to abusive enough to inflict emotional distress? When is it time to contact workers compensation attorneys NY relies on? Read further for answers to these questions.

Workplace Stress 

Most of us have felt degrees of workplace stress, which can be defined as negative emotional reactions, such as fear, anger, and anxiety It is not uncommon to feel anxiety when a deadline is looming on a work project, or you forget to accomplish an important task. Your might even feel angry because a coworker is behaving rudely and making it difficult to concentrate. These types of situations normally wax and wane and life goes back to normal.

Emotional Distress 

A problem can arise when an employer’s behavior in the workplace takes a different turn and appears to be intentional, resulting in traumatic psychological consequences. For example, when an employer starts calling an employee names or states that he/she won’t promote an employee because of gender, sexual preference, or body size. Other situations that can cause severe emotional distress are bullying, false imprisonment, and any conduct that threatens an employee’s physical security.

According to Workplace Fairness, a comprehensive website regarding employee rights, intentional emotional distress occurs when an employee experiences severe emotional trauma resulting from an employer’s extreme and outrageous conduct. These types of intentional conduct include:

  • Sexual harassment
  • Discrimination
  • Racial slurs
  • False imprisonment
  • Any conduct that threatens physical security

However, rudeness or obnoxiousness alone may not qualify as intentional conduct, no matter how intentional those behavior seem.

Intentional Infliction of Emotional Distress 

Intentional emotional distress is commonly referred to as the “tort of outrage” because an employer gets so upset that they do something in a way that causes an employee severe trauma. While the laws regarding intentional emotional distress vary from state to state, three elements are generally universal:

  • The employer acted intentionally or recklessly
  • The employer’s conduct was extreme and outrageous
  • The conduct is the cause of severe emotional distress

When to Call a Lawyer

Workers compensation laws are in place to protect employees and to recover benefits from the results of workplace injuries, which includes cases of intentional emotional distress. If you experience any type of psychological stress from what appears to be the intentional actions of your employer, it may be time to consult with a workers compensation lawyer.

Polsky, Shouldice and Rosen, P.C.Thanks to our friends and contributors from Polsky, Shouldice and Rosen, P.C. for their insight into workers compensation practice.

Planning for your Settlement is no Day at the Beach

Most families try to take a nice vacation every year.  The ultimate destination, attendees, mode of transportation, activities, dining options, length of stay and overall costs are determined through months (if not years) of research, inquiries with friends and families, budgeting, work vacation allowances and even consultations with a travel agent.  Let’s say that vacation costs $10,000.  This is a substantial investment for most families and it’s appropriate when making this financial commitment to do your due diligence.

Let’s add a few zeros and see if that changes the way one approaches such an important decision.  So, what if the amount at stake is $100,000? , $1,000,000 or even $10,000,000?  How much investigation should the family who is about to embark on planning for such a large investment proceed?  The sad truth is that many families spend less time pondering their settlement choices than they do planning their vacation; except that next year there will be another chance to plan another vacation.  There will rarely be another chance to plan for another settlement.

As a settlement planning attorney, I get the opportunity to work with people and their families who have suffered catastrophic injuries.  This work begins shortly after the injury and lasts well beyond cashing the settlement check.  Having consulted on over $100,000,000 in settlement cases, I bring a unique perspective on the right, and wrong, way to design these cases.

Let’s face it, several years can elapse from injury to settlement; and people have lots of questions.  They should be concerned about how much will their actual net settlement be?  What are the options for healthcare coverage now and in the future?  What about tax planning issues at the state and federal level?  Who is going to pay for an injured person’s long term care costs?  Is Medicaid the only answer? and if so, what sacrifices does the injured party make for future repayment to the government by accepting Medicaid?  Should the client accept a structured settlement?  Has anyone looked at the financials behind this transaction for the short and long term?  Who does the structured settlement broker at mediation actually represent? – the defendant insurance company who is being sued by the injured party?  Does the person need a Special Needs Trust?  If so, what types of trusts are there?  What if the person is over age 65 and can’t use a traditional special needs trust?  What other options are there?  Some related issues for Medicare coverage too:  How will the injured person enroll in Medicare?  Do they have to set aside funds for future Medicare covered procedures?  What happens if they don’t?  How does the person title their car, home, investments, etc. so that they are not reclaimed by the government after death?  What about family members who want to be caregivers?  The list goes on and on.

These are just a few of the very important decisions that affect how successful a personal injury case will be in the long run.  These are not issues that should suddenly be discussed at mediation or worse yet, AFTER mediation when the deal has been struck and certain options will no longer be available.

Here’s the good news:  We get involved in many cases shortly after the injured party has retained a plaintiff attorney and work with that attorney and the client to answer questions and educate the client along the way, usually for several months or years, so that when the time comes for that “permanent vacation”, the client is best prepared to make important lifetime decisions.  Oh yeah, most of our work is also done on a contingent fee so that if the case does not settle, the client owes us nothing for our services.

Julian Gray AssociatesThanks to our friends and contributors from Julian Gray Associates for their insight into saving your settlement.

Misdiagnosis Related to Antibiotic Misuse

In hospitals and other healthcare facilities across the country, antibiotics are often being overly relied on. This is often caused by a misdiagnosis or when the diagnosis is indeterminate. The improper use of antibiotics may have harmful effects. Factors that contribute to the misdiagnosis on the part of practitioners include lack of experience, inadequate knowledge of the side effects, fatigue, a patient’s previous diagnosis. It is important that the problem be addressed and changes made to improve antibiotic use in health care.

Besides increasing the odds of suffering to the patient, incorrect antibiotic use can decrease the effectiveness of the drugs, and raise the cost of health care. A recent study found that 56 percent of U.S. hospital inpatients receive antibiotics. Close to half of these patients received an inappropriate antibiotic therapy. Imagine just how much of the total cost of healthcare this issue accounts for. In many cases if an illness is viral, antibiotics would not be effective in curing or treating the illness. This could lead to a delay in recovery, or the development of a secondary infection. Sometimes a delay in treatment is caused by an incorrect diagnosis. If physicians do not use blood or other laboratory tests the odds of this increase. A group of 500 inpatient cases at a VA Medical Center was studied, and it was found that 95 percent of patients with an incorrect diagnosis, a failure to diagnose or no diagnosis at all received an improper antibiotic therapy. The patients who were correctly diagnosed were still given incorrect antibiotics 38 percent of the time.

Some common illnesses that are often misdiagnosed before or after improper antibiotics are prescribed include: respiratory infections, skin, ear, and urinary tract infections. In the case of misdiagnosed kidney infections, the risk of complications like sepsis or needing dialysis are increased. These are two extremely dangerous risks, as sepsis refers to whole body toxicity so it may be fatal. In the case of dialysis, the need for being attached to a machine to purify the kidneys may be temporary or become permanent.

An accurate diagnosis the first time, and knowing when it is safe to withhold antibiotics, will help hospitals as well as outpatient clinics to better distribute them. Patients whose conditions are improperly diagnosed can suffer greatly if their conditions worsen, leading to additional medical expenses. Those in this position, should consult with an experienced Chicago personal injury attorney today.

The Law Offices of Konrad SherinianThanks to our friends and contributors from The Law Offices of Konrad Sherinian for their insight into misdiagnosis related to antibiotic misuse.