Building a Bear or a Lawsuit

Personal Injury Lawyer

Every business dreams of an over-the-top successful promotion, but what happens when it is too successful? A personal injury lawyer Arlington, TX trusts knows the answer only too well. On July 12, 2018, Build-a-Bear Workshop, Inc. opened its doors to massive crowds clamoring to claim their “Pay your Age” Build a Bear.  Customers who visit the store on July 11 only, can pay their current age in dollar to make your favorite furry friend character. If you have a 4-year old and a 5-year old, you will pay $9.00.  Of course, accessories are sold separately, but with the money savings, customers are expected to splurge. For example, try removing your screaming 6-year old without the complete outfit. Shocking!! But what is actually very shocking is tidal wave of customers that responded and wanted their cuddly creature.

Amid this highly successful campaign, today most all Build-a-Bear stores were forced to turn away all the crowds and shut down their stores.

A spokesperson for the store responds: “We understand our affected Guests may be disappointed, and we are working to address the situation,” the Build-A-Bear said in a statement. “We will reach out directly to our valued Guests as soon as possible.”

Build-a-Bear’s website boasts $357.9 million dollars in fiscal 2017, but digging a little deeper the company has had lack luster earnings since 2015.  It seemed the fad was fading and building a teddy bear at a mall wasn’t as cool as it used to be. This time of year is especially hard on the retailer, but even during the last holiday season posted dismal earnings.

I blame it on the mall.  Have you been to the mall lately? Nope, me neither.  Wait, I do remember a few months back going to a (used to be) popular, state-of-the-art mall in Arlington and was approached by peddler after peddler trying to bother me and hand me something.  Do you remember those annoying perfume ladies that would spray perfume on you as you walked by or insist on giving you a sample? Well – now – they – are – everywhere!!! Every store has a “salesperson” outside their front door ready to accost you with a supposed “free” sample of something.  I remember dodging and weaving the annoyances that popped up in front of me. Too bad you can’t “whack a mole” in real life. 😉

In an attempt to recover from this debacle, some customers were issued a voucher to enable a better flow of traffic to the stores over the next several weeks to avoid the long wait times.  Only time will tell if this dispels disaster or success for the for this global company. They always say there is no such thing as “bad press.” You must admit, it is very rare that an ad campaign makes the news.

 


 

Thank you to our friends and contributors from Brandy Austin Law Firm, PLLC for their insight into personal injuries and lawsuits.

Why the Insurance Company May Undervalue Your Claim

Auto Accident Lawyer

Generally speaking, successful negotiations between an auto accident attorney and the defendant’s insurance company begin with the parties at polar opposites on the compensation scale. If the parties are reasonable and skilled negotiators, each will make their case for more or less money. If your auto accident attorney can support his or her position for additional compensation, negotiations may begin to move in that direction. There are many factors that determine a person’s thinking, but one factor stands out when the insurance company won’t budge from an undervalued claim.

A basic tenet of tort law called mitigation of damages requires the plaintiff to do everything possible to reduce the potential for further harms. If the plaintiff fails to obtain an immediate diagnosis following an accident; if the patient misses or consistently reschedules appointments with doctors, specialists, or therapists who endeavor to treat the plaintiff; or if the patient fails to follow the doctor’s recommended plan of treatment, the defendant insurance company may consider the plaintiff has breached the mitigation of damages doctrine and configure a portion of fault on the client of the auto accident attorney, thereby reducing the value of the plaintiff’s claim. This is not an unusual defense tactic. But in the worst-case scenario, the defendant insurance company may assign a large portion of fault to the plaintiff; or even deny liability altogether for the claimant’s injuries.

Here is how the defendant insurance company may view the plaintiff’s lack of treatment immediately following an accident:

  1. If the plaintiff failed to be diagnosed immediately after the accident, the injuries incurred by the plaintiff may have occurred after the accident;
  2. Because of plaintiff’s failure to receive timely medical attention following the accident, the severity of the diagnosis of the original injury is an unknown;
  3. Plaintiff’s failure to seek immediate medical treatment may have exacerbated the original injury.

A gap in healthcare is a period of time between doctor or caregiver appointments. It signals to the defense the infrequency with which the patient is trying to improve their health situation and may also reduce the value of the plaintiff’s claim. The defense may see a gap in care as:

  1. The patient is not doing his or her part to mitigate their damages; or
  2. A gap in care suggests the severity of plaintiff’s injuries may not be as acute as the patient has described.

When called upon for advice, an experienced auto accident attorney Indianapolis, IN relies on will recommend their client go to the emergency room or family physician as soon as possible after the accident to determine if the patient has suffered any injuries and the extent of the injuries caused by the defendant’s negligence. A pro-active treatment approach may increase the value of your claim.

 


 

Thank you to our friends and contributors at Ward & Ward Law Firm for their insight into auto accident claims.

What is Whiplash?

What is Whiplash?Whiplash is a neck injury that results from a rapid movement of the neck in the forward position (flexion) to back position (extension) or from the side to side position.  Whiplash most often occurs during motor vehicle accidents, but can also occur during sports injuries and trauma.

What are some of the symptoms of whiplash?

  • Neck pain
  • Muscle spasms
  • Headaches
  • Neck or arm numbness
  • Loss of neck movement (Decrease range of motion)
  • Fatigue
  • Ringing of the ears
  • Difficulty concentrating
  • Dizziness
  • Depression
  • Memory difficulties
  • Difficulty sleeping

Who should I see if I suffered a whiplash injury?

If you suspect that you have suffered a whiplash injury, it is recommended that you be examined by a Chiropractor, Primary Physician or an Orthopedist. If treatment is avoided, the individual who has suffered from whiplash may suffer from long term damage.

How can Chiropractic help with whiplash?

Chiropractic care has shown to be very affective when treating whiplash injuries, preventing the patients’ condition from becoming chronic and minimizing the disability that may result from that injury.  Chiropractors are extensively trained in treating musculoskeletal injuries and have the ability to prescribe and order diagnostic tests. After performing a thorough examination, a Chiropractor may utilize an x-ray or MRI (if medically necessary) do help determine the severity of the whiplash and what treatment protocol the Chiropractor may use. The neck has a natural curve that needs to be maintained so that the nervous system and neck muscles can function properly.  X-rays or MRI’s will show if the injured individual has lost or reversed the curve of their neck during that whiplash injury. Chiropractic care will help reduce the pain and spasms by utilizing many forms of treatment. Chiropractors may utilize spinal manipulation (adjustment), traction, posture corrective techniques, heat or ice, strengthening exercises, therapeutic ultrasound, massage, electric muscle stimulation and ergonomic changes to help with whiplash injuries. The combination of treatments and the length of treatment may be different for each patient, based on the severity of their injury. Chiropractors commonly work with other medical specialist like Orthopedist, Internist, Neurologist, Nurse practitioners and Physiatrist, if considered appropriate based on each individual case.

Nutrition and Inflammation from whiplash and trauma.

Research has shown that utilizing quality fish oils in the first few weeks of trauma can help reduce the inflammatory response from the trauma. Other studies have also shown that utilizing Glutathione, Vitamin C, Selenium, Magnesium, Broccoli extract, Curcumin and Green tea may also benefit with reducing inflammation after a trauma.

Thanks to our friends and contributors from Setauket Chiropractic & Wellness for their insight into whiplash treatment.

 

How Car Drivers Can Cause Motorcycle Wrecks

Car drivers may cause motorcycle accidents in a variety of ways. Whether intentional or not, the motorcyclist is quite likely to experience very painful and even expensive injuries. If you or a loved one has recently been involved in such a crash, you can turn to the knowledge of an attorney for guidance. You may be able to receive a significant monetary award for your injuries and losses by filing a civil lawsuit.

Here in the article to follow, we have listed a couple of the main ways car drivers may cause a motorcycle wreck to unfold on the roadway.

Driving While Sleep-Deprived

In busy cities all across the United States, people are jetting off to work and back, taking care of their families, running errands and upholding other responsibilities of life. It is not uncommon for people in today’s world to lack the sleep they truly need. However, because bills may still need to get paid, people may get into the driver’s seat of their car while sleep-deprived anyways.

The condition of sleep-deprivation is much more serious than a little tiredness in the morning before a cup of coffee. When the body is deeply drowsy, a person’s mental and physical functioning can become impaired. If a driver were to fall asleep behind the wheel and a motorcyclist was simply at the wrong place at the wrong time, true tragedy could ensue.

The Addiction to Cell Phone Use

Along with the advancement of technology, we are now faced with an epidemic issue of people using this nifty tool while behind the wheel. The average person may check their phone an upwards of a hundred times every single day. Keep in mind, this compulsion to check their phone may not stop despite operating a vehicle.

An attorney recommends that any motorcyclist who has been struck by a driver on their cell phone, receives immediate medical attention. It is rare for a motorcyclist to walk away from a crash unscathed. Even if the rider feels relatively okay at the scene, there could be life-threatening conditions brewing.

Seeking an Attorney for Compensation

While it is not required to obtain legal representation when dealing with a motorcycle accident, it can be hugely beneficial. Having a motorcycle accident lawyer Houston, TX trusts on your side who understands the ins and outs of the legal system, can provide you with helpful insight. You may only have a certain period of time after the incident to file a civil lawsuit for compensation, so act quickly!

 


 

Thank you to our friends and contributors at John K. Zaid & Associates for their insight into motorcycle accidents and personal injury.

A Bike Accident Lawyer for Children Who Have Been Injured in a Bike Accident

Nothing may be more devastating than learning about your child being injured in an accident while riding a bicycle. Sadly, children and teenagers are at a high risk when riding on a bike in [location]. Traffic, other drivers, obstacles, and the naivety of a child can all contribute to an accident. According to the National Highway Traffic Safety Administration, more than 600 cyclists die on U.S. roads and another 50,000. A large number of these accidents involve children and teenagers.

If you are the parent of a child who has been injured in a bike accident, you may be struggling with large medical costs and the inability to work due to the fact that you need to care for him or her. A bike accident lawyer knows how horrible these situations can be, and that most could have been prevented, but happened because of carelessness on part of another driver. To learn more about your ability to file a civil claim on behalf of your injured child, consider calling a bike accident lawyer now.

Child Safety Tips to Avoid A Bike Accident

  • Children should always wear a helmet (it could be the law)
  • Parents should teach children the ABC Check: air, brakes, and chain
  • Always wear bright colored clothing
  • Utilize lights and/or reflectors
  • Avoid riding a bike at night
  • Right to the right of the road
  • Watch for traffic, especially coming off of roads or parking lots
  • Use a bell
  • Obey traffic laws
  • Yield when necessary
  • Look before turning
  • Make sure the driver sees the cyclist
  • Children under 10 should avoid riding in the street
  • Do not use a phone while riding a bike

As a bike accident lawyer, and also parents ourselves, we know that parental involvement can go a long way in preventing a bike accident involving a child. Even when precautionary measures and guidance is implemented, accidents do happen. Our lawyers have handled and won cases that have involved injuries such as:

  • Broken bones
  • Lacerations
  • Concussions
  • Traumatic brain injuries
  • Paralysis
  • Road rash
  • Internal injuries
  • + More

Some injuries may not be immediately visible and could take days or weeks before they appear. These hidden injuries are often very serious and can lead to cognitive impairment, learning disabilities, and other temporary or permanent disabilities. Regardless of whether or not you child is visibly injured, it is prudent to take him or her to the ER, a medical center, or your doctor’s office. Delaying this might not only further injure your child, but could affect the ability to recover compensation.

As a skilled, knowledgeable bike accident lawyer, [lawyer name] can help you to ensure your child is getting the right medical care while documenting the case so that it is strong enough to recover maximum compensation. Damages in claims that involve a child are different than those that involve a working adult. In general, the following damages are recoverable:

  • Current and prospective medical costs
  • Lost wages from having to take time off work
  • Travel expenses
  • Pain and suffering

Other damages may also be available and can be further explained by a bike accident lawyer.

Call a Lawyer to Get the Help You’re Looking For

If you are trying to cope with the aftermath of a bike accident involving your child, contact a personal injury lawyer Chicago, IL relies on for a free and confidential consultation.

 


 

Thank you to our friends and contributors at The Law Offices of Konrad Sherinian for their insight into personal injury and bike accidents.

What Is a Wrongful Death Lawsuit

When a family loses a loved one suddenly in an accident, it is often difficult for the family to cope with this tragic loss. When the accident was caused by the negligence or recklessness of another party, the survivors of the victim can file a wrongful death lawsuit against that party for the losses their loved one’s death has caused them to suffer. The following is a brief overview of wrongful death lawsuits. For more detailed information, contact a wrongful death lawyer Phoenix, AZ trusts to speak with one of our wrongful death attorneys.

A family may also file a wrongful death lawsuit as a way to seek justice against the party or parties whose actions caused their loved one’s death. This is especially true if the family feels that the criminal justice system has been unable to do so. For example, if the victim was killed in a car accident caused by a driver who was talking to a passenger in their vehicle and was not paying full attention to the road, there would likely be no criminal trial because the behavior of the driver was not criminal. However, the behavior of the driver could be considered negligent because all drivers owe a duty of care to stay focused on the road when they are behind the wheel. Therefore, the victim’s family could file a wrongful death lawsuit based on that negligence.

However, if the driver who caused the crash had been drinking and that’s why the fatal crash occurred, there likely would be criminal charges filed against the driver because he broke the law. In these situations, where the driver has been arrested and charged with a crime related to the fatal accident, the victim’s family can still file a wrongful death lawsuit, regardless of whether the criminal case is still pending or if the driver is convicted. There is a different burden of proof for criminal and civil cases. A wrongful death attorney can explain those differences, as well as what the statute of limitations may be in your case. It is critical to file your lawsuit before that statute expires.

Wrongful death lawsuits can cover many of the losses the victim’s family has endured. This includes medical expenses for life-saving attempts after the incident that killed the victim, funeral and burial expenses, emotional anguish of the family, loss of the victim’s financial support, loss of the victim’s emotional support and guidance, and loss of companionship. In incidents where the at-fault party’s behavior was egregious, the family may even be awarded punitive damages. These damages are meant to punish the at-fault party and send a message to society that these acts will not be accepted, such as in the case of a drunk driving crash.

There are many types of fatal incidents that a wrongful death lawsuit can be filed on. These include:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Pedestrian accidents
  • Bicycle accidents
  • Premises liability
  • Workplace accidents
  • Medical malpractice
  • Defective products
  • Negligent supervision
  • Sexual assault

 

Thank you to our friends and contributors at Kamper Estrada, LLP for their insight into wrongful death lawsuits.

The Role of a Car Accident Witness

Witnesses play an important role in car accident case. In general, witnesses are called to help clarify contested issues in a case. In this way, witnesses can build help build the strength of your case. In fact, one witness’ testimony could make or break an entire case.

There are two major categories of witnesses, read on to find out who they are and why their role is so important.

Lay Witness

A lay witness is a person who provides testimony in case, but who is not considered an expert. Lay witnesses provide statements based on their perceptions and personal knowledge only, not based on scientific, technical, or other specialized knowledge. Lay witnesses don’t provide their opinions, just the facts of what they have perceived in relation to the case.

The most common lay witnesses in a car accident case are:

  •   Witness To the accident: Useful in both property damage and personal injury cases. These witnesses can be a wide range of people, including, people who saw the accident occur, people involved in the accident, the police and medics who responded to the scene, ER doctors, etc.
  •   Before/After Witnesses: Important in personal injury cases, these witnesses are often friends, family, and colleagues. These witnesses have had a personal relationship with the victim both before the accident occurred and after, therefore they can provide testimony on how the accident and subsequent injury has affected the victim physically and mentally. This sort of witness is especially crucial when asking for damages to compensate for pain and suffering.

Expert Witnesses

In contrast to a lay witness, an expert witness is qualified as an expert in a field by way of skill, experience, training, or education. Expert witnesses usually do not have any direct relation to the accident or victim, rather they are outside resources used to provide informed opinions on contested issues in the case. The Federal Rules of Evidence allow an expert witness if:

  •   the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
  •   the testimony is based on sufficient facts or data;
  •   the testimony is the product of reliable principles and methods; and
  •   the expert has reliably applied the principles and methods to the facts of the case.

For example, if the defense is claiming that being rear-ended cannot result in a spinal injury, the plaintiff may call upon a doctor who is a spine specialist (even though the doctor never treated the victim) to provide their expert opinion on whether or not the rear-ending could have caused the injury.

If you are involved in a car accident, gather witness information early and often. From eye witnesses, to the reporting police office, to your treating doctor; both lay and expert witnesses could be the crucial key to obtaining fair compensation in your car accident case.

If you’ve been injured in an auto accident, contact an experienced personal injury attorney, like a car accident lawyer Phoenix, AZ trusts.


Thanks to our friends and contributors from Kamper Estrada, LLP for their insight into car accident cases.

 

Are Most Truck Accidents Caused by Driver Error?

When it comes to truck accidents, even the smallest collision can be deadly. If you’ve ever stood next to a semi-truck, you know just how big they are. Standing 13 feet high with an average weight of 80,000 lbs., the common sedan doesn’t stand a chance in a truck-auto accident. As a result, most collisions with semi-trucks result in fatalities.

What Causes Truck Accidents?

According to the Federal Motor Carrier Safety Administration (FMCSA)’s Large Truck Crash Causation Study, large truck accidents occur due to one of the following variables:

  1. Critical Event: an action or event makes a collision unavoidable
  2. Critical Reason: driver error, vehicle failure, or an environment condition caused the accident
  3. Associated Factors: the persons, vehicles, and environmental conditions present at the time of the crash (brake problems, traffic flow, road problems, speed, etc.)

Critical Reason Accidents

The FMCSA found that 87% of large truck accident critical reason accidents are caused by driver error. The types of errors are broken down into four categories:

  •   Non-Performance: this error occurs when the driver becomes physically impaired due to seizure, heart attack, falling asleep, etc.
  •   Recognition: similar to distracted driving, the driver was either inattentive, distracted, or failed to adequately observe a situation
  •   Decision: the driver makes a poor decision, such as driving too fast, misjudging distance, etc.
  •   Performance: the driver panics, overcompensates, or exercises poor directional control.

Many of the above errors can be attributed to driver experience and/or fatigue.

Commercial Truck Driver Education

Most states required drivers to obtain a commercial driver’s license and undergo specific training, but it can still take some time to acquire the knowledge, experience, skills, and even physical ability to drive a commercial truck.

Driver Fatigue

Driver fatigue is the result of physical or mental exertion and can severely impair a person’s ability to safely operate a vehicle. In an effort to combat driver fatigue, there are regulations on both the state and federal levels. Large truck drivers are permitted to drive a maximum of 11 consecutive hours, provided they take the next 10 consecutive hours off. Truck drivers are required to log their time driving, their time on duty but not driving (loading or unloading the truck), and their time off duty. The trucking companies are also responsible for making sure their drivers are following these rules, but it can be difficult to know when a driver has omitted certain information from their logs, therefore making it difficult to know if a driver has violated the regulations.

HIRE AN ATTORNEY

If you’ve been injured in a trucking accident, you might be entitled to carry out legal action against the driver or truck company. Find a lawyer, truck accident lawyer Phoenix, AZ relies on, with extensive experience securing the maximum fair compensation in auto accident cases.  


Thank to our friends and contributors from Kamper Estrada LLP for their insight into truck accident cases.

 

Hiring a Wrongful Death Lawyer

When a family member is killed as the result of another person’s negligence, it may be appropriate to consider hiring an attorney, like an Arizona personal injury lawyer, to investigate and pursue the case.

Was there negligence, how could the tragedy have been prevented? What are the losses and damages to the decedent’s survivors?

The attorney should have the necessary experience, resources and commitment to competently represent the interests of the survivors and deal with the other party’s insurance company. Investigation issues include who may be at fault, getting witness liability statements, determining applicable insurance coverages and limits. In a motor vehicle crash, were there commercial coverage, underinsurance, uninsured motorist policies. Litigation may be necessary to obtain the best possible result.

The law in each state will vary. In Arizona, the general rule is that a wrongful death claim may be brought by a surviving spouse, child or parent of the decedent, on behalf of the spouse or children, or parents of the decedent.

The amount of damages that a surviving spouse, parent or child may recover will differ from case to case, there are many variables.

Damages that are considered may include the following:

  • The loss of love, affection and companionship since the death of the decedent and in the future.
  • The pain, grief, sorrow and mental suffering experienced since the death, and in the future.
  • The lost income sustained as a result of the death.

In Arizona when a governmental entity or employee may be responsible for the wrongful death there are Notice of Claim requirements that need to be properly satisfied. There are time limits within which a claim shall be filed against a public entity, the claim must contain sufficient facts outlining the basis of the claim. The claim must also contain a specific amount that it may be settled for, representation by an attorney is critical.

Recently, the issue of distracted driving has gotten more attention, given its potential deadly consequences. Cell phone use and texting while driving are frequent causes of fatal crashes.

Impaired drivers are another common cause of fatal crashes. There has also been more publicity regarding fatalities caused by wrong way drivers, many of who are also impaired.

A wrongful death attorney may also look into where the drunk driver consumed alcohol, was there overservice by a bar, before the crash, there may be liability for the crash by the driver, or the bar, this is also called a dram shop claim.

 


 

Thanks to our friends and contributors from The Law Offices of Paul Englander for their insight into wrongful death lawyer.

Personal Injury FAQ: Is It Okay to Speak with the At-Fault Party’s Insurance Company?

If you have been injured in an accident caused by the negligence or recklessness of another party or parties, you are likely going to have to deal with that other party’s insurance company. This is what usually happens in car accident claims, premises liability claims, slip and fall accidents, and more. One of the first things a personal injury attorney will advise their clients is to never speak with the other party’s insurance company without the knowledge of your attorney. To do so could seriously jeopardize your claim. There are several reasons for this advice.

Your symptoms may be delayed. It is not uncommon for symptoms of injuries to be delayed for a couple of days after the incident. If you speak to an insurance adjuster within a day or two after the accident, you may be experiencing mild symptoms or no symptoms at all. This could lead you to tell the adjuster that you suffered no serious injury in the incident. Now your statement is on the record. But several days later, painful symptoms begin and your doctor confirms a serious injury. However, you are already on record telling the insurance adjuster you are okay, which they can now use as evidence against you to deny your claim.

Not enough information about your injuries. Even in situations where you know you have been injured, the extent of those injuries may not be known until you have been fully evaluated by a doctor.

Emotional and/or physical condition: One of the reasons why insurance companies contact victims within a day or two of an incident is they know that many times these victims may not be thinking clearly so soon after the accident, either because of physical pain and/or the traumatic experience they have experienced. You may even be on strong painkillers. This could lead you to say something that could be used to deny your claim.

Your guard may be down: Insurance adjusters are trained to manipulate victims into saying things that could actually hurt their case. They act friendly and concerned about your condition when the reality is that their primary concern is to save their company money by not paying injury claims. You may say something that could make it sound as if you are admitting fault to the incident, such as saying you are sorry the accident happened.

Another tactic an insurance adjuster may try is to tell a victim that they need to make a statement in order to start the claim. But keep in mind that the insurance adjuster cannot force you to make a statement nor can he or she record any conversations with you without your permission. When the insurance company contacts you, it is in your best interest to tell the person on the other end of the phone that you will be consulting with a Glendale personal injury lawyer before you make a statement to them.

 


 

Thank you to our friends and contributors at Hickey & Turim for their insight into personal injury.