Different Types Of Evidence To Determine The Fault In A Car Accident

Car Accident Lawyer

Car accidents can be life-changing, often resulting in victims experiencing serious injuries and emotional distress. Figuring out who exactly is at fault in a car accident and to what extent is not always straightforward however. As a car accident lawyer knows, there are many different types of evidence that are evaluated to determine which party is at fault in a car accident. The following evidence is carefully examined to piece together how an accident occurred. 

Physical Injuries 

If you have been in a car accident, you may have suffered minor or major injuries. When the court is determining who is at fault, they will look at the types of injuries an accident victim has, such as whiplash or seat belt bruises. To back up a claim that you suffered an injury, you need to be able to provide documentation like photographs and a detailed medical report. 

Property Damage 

Damage to property is common during a car accident, and it must be documented extensively to help prove who is at fault. The extent of property damage can point to several things, such as how fast a vehicle was going and the direction the vehicle was coming from. Vehicle damage can indicate the type of car accident that occurred, such as a T-bone accident or rear-end collision. 

Witness Statements 

Eyewitnesses are highly valuable in a car accident investigation. Talking to witnesses can help police find out key facts and information that drivers are not able to provide since witnesses may have had a different view of the accident. For example, investigators may interview a bar owner to find out if a driver consumed alcohol prior to getting into an accident.  Since witnesses can be unreliable, their statements should be collected as early on in the investigation as possible.

Video Footage 

Investigators often review video footage or CCTV footage from businesses near an accident site. Their footage may offer unique angles that capture important clues and details about how an accident occurred and the actions taken by the parties involved. This is especially important in a hit and run accident, or car accidents where there are few or no witnesses. 

The courts have many kinds of evidence to consider when they are trying to determine which party or parties are at fault in a car accident. If you have been a victim of an accident, you should try to collect as much evidence as you can to support your case. For more legal assistance, contact a car accident lawyer that you can count on by scheduling a consultation.  

Stadium-Related Personal Injury Cases

There’s nothing like a sporting event to bring people together. A love for your favorite team and hatred for the other side collide in a high octane event where people gather in a unified love of a sport as each touchdown or goal creates an elation that you can’t find anywhere else. These sporting events are held in stadiums that are as huge as people’s love for their team and every event requires a staff sizeable enough to create enough security in order to keep people safe. This is no easy feat considering the thousands—depending on the event—of people that staff needs to keep their eyes on.

Considering this, it is not always possible to maintain the safety of a massive amount of people and isolated instances do occur as a result of negligence. The majority of the personal injury cases that arise from attending sporting events come in the form of slip and fall cases or the more rare event of having gotten hit by a ball or puck. Below are details regarding how these cases work.

Stadium slip and falls: Anyone who’s been to a stadium knows that it’s impossible to keep a bathroom at a stadium 100% clean, 100% of the time. Things will happen in a public stadium restroom that will cause water to accumulate on the floor for whatever reason. And as an attorney, like a personal injury claims attorney from a law firm like John W. Shaw Law understands,  staff cannot always be there for every drop of water that falls on the floor, much less clean up around dozens of people to remove the hazard in question. So, in order for the opposing party to be liable, the floor would need to be unreasonably slippery. An example would be if toilets were clogged and water kept filling and overflowing to a point that 3 inches of water accumulated and no one made an effort to clean it despite being aware of it. In that circumstance, the stadium would be liable.

Getting hit by a ball or puck: Every sports fan dreams of catching the match ball or puck by sheer chance. They get to keep it, treasure it, and show it to their kids years in the future as a testament to the sheer luck that occurred that day. But sometimes, people do not catch it with their hands but instead catch it by getting hit in the face or with their head instead. There’s an assumption of risk and disclaimer that comes with every ticket purchase and this nullifies nearly all personal injury claims, but it doesn’t defend against every claim. Most successful claims involve arguments that emphasize that protective netting or barriers weren’t kept up, or weren’t set up to sporting events standards.

When you are suffering from a personal injury accident after attending a sporting event, it is important to seek help from a lawyer you can trust. While there are many proactive measures in place so that a stadium cannot get sued, a lawyer can review your claim and determine whether you have the evidence you need to bring a claim forward. Reach out to a local law firm to learn more about your case today.

Motorcycle Accidents Are Serious and Require Assistance

Motorcycle accidents can impact an individual in many ways. Some examples include broken bones, nerve damage, as well as injuries that can last a lifetime. Moreover, motorcycles are less protected than cars. As such, injuries can be more severe on impact, especially when it comes to head injuries. Motorcycle accidents can also cause severe head trauma, concussions, and more. Moreover, these accidents can also involve trauma pertaining to fear of riding, which cause flashbacks and nightmares of the incident. As such, when someone experiences physical or mental suffering from a motorcycle accident, it is important for one to hire a motorcycle accident lawyer

How an Attorney Can Help

What an attorney can do, is help to assess the situation, pertaining to how the motorcycle accident happened, why it happened, as well as the mental and/or physical severity that was suffered, due to the accident.  From there, the best course of action can be taken, in relation to the compensation that one will get. Moreover, a lawyer can assist in helping people take action, and they assess accidents, from an in-depth perspective. 

There is a focus on ensuring that one not only gets compensation for physical and/or mental damage that a car accident causes, but they also want to ensure, that medical malpractice is fought against, for those who may need medical treatment and assistance, for operations that are needed, due to the accident that they suffered.

An attorney  also accounts for injuries and accidents that took place on someone else’s property, such as suffering from the inhalation of chemicals, dog bites In other words, while the company does focus on motorcycle accident attorneys, there is a branching out of other aspects as well. If you are interested in learning more about a law firm who can help with motorcycle accidents, like Yearin Law Office, schedule a consultation today. 

Shared Fault in a Car Accident: 4 Actions To Avoid

Shared Fault in a Car Accident: 4 Actions To Avoid

Few incidents are as frightening and as unexpected as a car accident, but the fear, shock, and anger you might feel may be even more intense if you realize you were partly at fault. Whether you were distracted by a passenger or driving while fatigued or ill, the aftermath may depend on the percentage of fault put upon you, so there are a few actions to avoid that may lower that number. 

1. Discourage Conversation With the Other Driver 

As a car accident lawyer from a firm like Tuttle Law, P.A. can explain, after an accident, the other driver may try to push you to admit blame – even if your conversation seems innocent enough. He or she may ask you questions about whether you were in a hurry, if you failed to see his or her vehicle or whether you were using your phone at the time of the crash. If it is safe to do so, you may want to remain in your vehicle or in a safe spot and refrain from speaking until the police arrive. 

2. Stay Off Social Media 

While you might feel compelled to inform your family and friends about the accident on social media, this may inadvertently place more blame at your feet. Even photos you post without captions might be used against you, such as to prove your direction at the time of the crash or when it occurred. Stay off social media and avoid discussing the crash publicly, especially if there is any question of who is to blame. 

3. Do Not Ignore Witness Statements 

If there are any witnesses named in the police report, reach out to them and ask for their version of events, even if the report already states them. These individuals may be able to provide you with additional details, such as how the impact occurred and whether they might have witnessed the crash from another angle. You may want to speak to witnesses as soon as possible, as details may fade from memory with time. 

4. Avoid Self-Representation

When you find yourself involved in a shared blame car accident, the other driver may try to shift all of the blame on you. This can be frustrating as well as exhausting, especially if you are still recovering from any injuries. Hiring an attorney to look out for your best interests and represent you in any discussions regarding the accident can help protect you for the duration of the case.

The specifics of a shared blame car accident can be difficult to navigate, but you don’t have to go through it alone. Speak to an attorney today for further assistance and information. 

4 Steps To Take After a Construction Site Injury

Personal Injury Lawyer

Construction work has its share of dangers and sometimes careless actions can lead to serious injuries. Falls, electrocution and malfunctioning equipment can all cause accidents, and when they do, knowing the steps to take in the aftermath can help you see a clearer path to financial compensation. 

There are many different kinds of steps to take after a construction site injury. A personal injury lawyer such as Daniel E. Stuart at Daniel E. Stuart, P.A. can help you understand more details regarding construction site injury cases. 

1. See a Doctor 

Even what appear to be minor injuries can turn out to be more serious as time passes. For example, if an object fell and struck you on the head, it may take some time for the symptoms of a concussion to show. Visiting a doctor immediately after a construction site injury can help you understand the true extent of your injuries and provide proof later on that you sought medical assistance as soon as you understood it was necessary. 

2. Speak To a Site Supervisor 

Once you see a doctor, let your site supervisor or foreman know and provide him or her with details of the accident. Some states have a statute of limitations for reporting these incidents, so doing so as soon as you can may help with any workers’ compensation claims you wish to file. Your employer may have you see the company doctor as well as your own if you file a claim, and comparing that report with one from your physician may even help to prove any negligence claims later on. 

3. Gather Documents 

If you believe you have a negligence claim, begin gathering documents to keep in one place so you can present them to an attorney. Include witness accounts, medical reports, photos of your injury if possible and paperwork related to workers’ compensation. The more proof you can provide that your accident was caused by carelessness or negligence, the stronger your case becomes. 

4. Speak To an Attorney

Facing a lawsuit while you are still recovering from a construction site injury can be exhausting, especially if your mobility was affected. Taking your case to an attorney and discussing the details related to a possible lawsuit may help you understand whether one is possible and how to proceed. Once you retain a lawyer, he or she can represent your best interests both in and out of the courtroom, especially if the construction company offers you a settlement. These offers may feel tempting, and having a lawyer on your side can help you understand whether such settlements are fair. 

Construction site accidents can have devastating consequences, but help is available. Contact an attorney today for further advice and information. 

Medical malpractice lawyer in Bloomington IL

Medical malpractice lawyer

With the holidays just behind us, it is a great time to talk about how to prevent an accident on Christmas or any holiday. Oftentimes accidents are caused by poor decorating, impulsive decisions, kitchen errors and road rage. Now obviously, each of these accidents would have a different cause, and a different outcome if it were to go to court. But have you considered that if you do not take care to prevent accidents before they happen, you may wind up with a medical malpractice lawsuit?

Medical malpractice is the act of suing a healthcare provider for negligence that is causing you harm. The first step to preventing medical malpractice is to stay safe during the holidays. This means when you are putting up decorations for your home, you do it safely. When you are cooking meals for your family and driving to visit family and friends, you do it safely. The holidays are a really busy time of hustle and bustle, and for this reason, during the holidays we see more serious injuries that wind up in hospital. And with more serious injuries comes a higher chance for medical malpractice and medical negligence.

During the holidays, falling from a ladder is very common. This is because people are decorating their homes, oftentimes hanging up lights or putting decorations on the roof. However, falls from ladders, especially from high height, contribute to very severe injuries, ladders can be extremely dangerous and yet they are so essential. Falling from a ladder could lead to a broken neck, broken bones in general. With any kind of broken bone, there is a lot of room for medical malpractice, especially if your spinal cord is damaged. Spinal cord injuries can lead to paralysis of various kinds, and sometimes this paralysis can be prevented with early diagnosis. So if you are paralyzed because of the holiday accident and your doctor did not diagnose you in time, reach out to a medical malpractice lawyer in Bloomington IL such as the ones available at Pioletti, Pioletti, & Nichols to discuss whether you have a medical malpractice claim.

When you are cooking a holiday dinner, you are usually looking for more people than you would normally cook for which leads to a lot of serious burns and cuts. Carving knives, pans, ovens, stove burners, hot oil and drippings can send you to the emergency room. You may have a medical malpractice lawsuit here if your physician misdiagnoses the type of burning you have and treats it improperly. When it comes to typing a burn, each type of burn is more severe than the last and has a very specific care procedure that must be followed to ensure that you heal without infection.

Reach out to a law firm such as Pioletti, Pioletti and Nichols today to discuss whether you need a medical malpractice lawyer.

5 Factors To Consider When Hiring A Car Accident Attorney - Car accident need to justice

5 Factors To Consider When Hiring A Car Accident Attorney

Car Accident Lawyer

While you typically never think of a car accident happening, the truth is that every time we step into a car, there’s the possibility of a crash occurring. Most of these crashes aren’t fatal. Unfortunately, many can be, resulting in years of recovery and financial burdens. You may qualify for a settlement when you’re involved in a collision due to another party’s negligence. Obtaining the correct settlement may require help from an attorney. Before hiring an attorney, you’ll want to consider five key traits: 

The Right Amount of Experience 

You want to hire an attorney with plenty of years in the law, specifically in personal injury cases like car accidents. Depending upon your case, you may even need more specific experience from an attorney. For example, an accident caused by a government vehicle may have additional considerations, as well as a crash caused by a private company. 

If They Have Any References

Reading online reviews can help get you started when hiring an attorney. However, obtaining references directly from clients and colleagues often make a greater impression. While an attorney’s colleagues can be an excellent place to start, prior clients generally make a much better impression. An attorney should never be shy about providing you with references. 

If They Have Enough Time to Assist You 

Forty hours per week is considered full-time, but many attorneys will work more than these 40 hours. Naturally, this means that an attorney’s professional life keeps them busy. For this reason, you want to ensure that a lawyer will have enough time to devote to your case. Chances are, you may not be their only client. However, an attorney should still be able to provide a significant amount of hours. Be sure to ask potential attorneys how many hours per week they can devote to your case. 

They’re Willing to Fight and Go to Court 

The truth is that most personal injury cases—including car collisions—are settled outside the courtroom. The main reason is that these cases take a lot of time and money for both parties. As such, settling outside the courtroom is generally the better solution. However, the right lawyer shouldn’t be afraid to take a case to court. While they’ll normally try to settle the case with the proper settlement, sometimes the other party isn’t willing to budge.

You Can Communicate Well With Your Attorney 

You want to be able to communicate with your attorney and ask them any clarifying questions. A big part of an attorney’s job involves communication—not just with their clients but with the court system, insurance companies, law enforcement, medical professionals, and more. You want an attorney who’s articulate, can easily break down difficult information and knows when to be assertive, especially when it comes to negotiating with insurance companies. Be sure to ask any potential attorney any burning questions you have to see how they answer them. When hiring a car accident lawyer, you want someone you can easily talk to—a fact our friends at Patterson Bray PLLC agree with. 

How Long Do I Have To File a Claim?

How Long Do I Have To File a Claim?

Were you hurt on the job? Perhaps you were in a car accident that someone else caused, or maybe you had a misdiagnosis or a poorly done surgery. There are many reasons that someone may choose to file a personal injury claim. It is important to understand how the process works and how long you have to file the claim. 

The Statute of Limitations

There are two different statutes of limitations in many cases. One determines how long you have to file a claim with your insurance company. The other determines how long you have to file a claim in court if you intend to pursue a lawsuit. To make it even more complicated, the statutes aren’t federally mandated, which means that every state and insurance company has its own regulations.

If you plan to file a claim with the insurance company, call to find out its specific limits. If you want to file a claim in court, most states give you between 1 and 6 years to do so. However, that time may be shorter if you are filing a claim against a city, state, or federal government, such as if you were in a car accident with someone driving a government vehicle. 

There Are Rare Exceptions

Most of the time, you’ll need to adhere to the strict deadlines set forth by your state. However, in rare cases, there are exceptions. One such exception is if you can prove you didn’t know right away that you were injured or didn’t realize that it was someone else’s fault at first. However, this can be very difficult to prove, so it’s important to hire a lawyer who can assist you if you intend to take this route. Additionally, some states have a clause that “pauses” your time clock if the at-fault party leaves the state for any period of time. This means that if you have three years to file a claim but the defendant was out of the state for a year, you’ll have an extension of one year. Keep in mind that your clock starts the day the accident happens. If your injury occurs on July 26 and your deadline is one year, you’ll only have until July 26 of the following year.

File a Claim as Soon as Possible

As soon as you realize you have an injury that is causing medical problems, lost wages, or a loss in your quality of life, and as soon as you know it is through no fault of your own, it is important to being the process of filing claims with both the insurance and, if necessary, the courts. This helps to prove that you are genuinely injured and not “faking it” to get money.

An experienced traffic lawyer, like The Law Offices of Mark T. Hurt, understands your state’s deadlines, exceptions, and court procedures. Contact one to start the claims process.

Should You See a Knee Doctor After Exercising?

Personal Injury Lawyer

When you are dealing with knee pain, you may be thinking that this is something that mainly inactive or older people have to deal with. While it is true that people who are inactive or older may more commonly deal with knee pain, young people who stay active and like to exercise can also be prone to knee pain. Knee pain and swelling can be common if you “tweaked” your knee working out or overextended yourself when you went on a run. However, that does not mean that it is always normal or that you should not see a specialist when this happens. Additionally, you may notice that you are unable to exercise after you have become injured in an accident, like a trip and fall accident or a pedestrian accident. When you are hoping to get back into your normal routine after an accident but the knee pain is keeping you from physical activity, seek help from a doctor as soon as possible. 

What is happening? 

If you notice that your knee tends to be in pain and swells up after you exercise, it may be time for you to see a doctor. Pain in your knee after working out is often called “runner’s knee,” and you may notice pain, stiffness, clicking noises, and swelling specifically around your kneecap. A doctor, like a knee joint doctor from an office like Premier Osteoarthritis Centers of Pennsylvania, will want to take a look at your knee and determine if there is also more going on. When you see a doctor, they can find out more information using diagnostic techniques or X-ray machines to see that you could also be wearing down your cartilage under your kneecap. You may be experiencing pain due to overextending yourself in a workout, a chronic condition, or an acute injury you got after a personal injury accident. 

What are the treatments? 

Depending on the severity of your specific diagnosis, your doctor may give you a few different options for treating your knee pain. 

  • The RICE method. This is a fairly easy treatment that you are able to do at home if the damage is not too severe. This includes rest, ice, compression, and elevation. 
  • Physical therapy. Your doctor may recommend the next and least-invasive option—physical therapy. Physical therapy can help when you do not have significant and irreversible damage and it can rebuild your strength around your knee as well as your flexibility and range of motion. 
  • Surgery. When other medical treatments are not enough, your doctor may want to discuss surgery as an option for you. Surgery is typically the last option if nothing else is working for your pain or if the damage is too severe. You can also couple surgery with other treatment methods, such as physical therapy. 

Should I try to wait out the knee pain? 

It can be tempting to try to wait out knee pain, especially if you have seen it recover on its own in the past. However, if your knee pain is continuing for weeks or months and you are not getting the relief you need, it is time to seek out help from a local knee doctor today. The sooner you get help from a knee doctor, the sooner you can not only get a diagnosis and treatment, but any medical documents you may need if your knee injury occurred due to an accident. Reach out to a local doctor now. 

Do I Need a Car Accident Lawyer?

Car Accident Lawyer

Many victims suffer major injuries as a result of car accidents. As a car accident lawyer like one from The Hernan Law Firm can explain, there are many legal services that you can obtain if you are an accident victim. However, we understand that it can be tough to know whether hiring a lawyer is the right move. Here are some of the scenarios that may indicate that you could benefit from a car accident lawyer.

You Have a High Amount of Medical Expenses

Medical debt is one of the top issues that car accident victims deal with. Though many car accident victims suffer minor injuries, some of them experience injuries which require more extensive treatment plans. Such injuries can result in temporary or permanent disabilities, demanding long-term care. A car accident lawyer can be your fiercest advocate so that you can recover the compensation amount you are entitled to. 

You Are Being Offered a Low Settlement

Dealing with insurance companies is one of the most frustrating parts of a car accident. Following the aftermath of an accident, you will have to speak with the insurance company and file an accident claim. They may try to give you an initial settlement offer, but if you are given an offer you should not accept it without first consulting with a lawyer. They will let you know if further negotiations must be made. 

You Were Struck By a Reckless Driver

When a driver is charged with criminal reckless driving, it means that they are driving in a manner that deliberately disregards their safety or the safety of the people around them. Examples of reckless driving include driving under the influence, street racing and speeding. Pedestrians are injured every day because of drivers who don’t pay any attention to the potential consequences of their driving behavior.

You Are Unsure of What to Do 

If you are feeling overwhelmed with the claims process, you should meet with a lawyer to determine the best course of action after a car accident. With their knowledge and experience helping clients who have faced issues which are similar to yours, you have a higher chance of obtaining a successful case outcome. 

There is limited time to file a car accident claim. Don’t wait too long to act or you may lose your right to recover compensation. To learn more about how you can receive legal assistance from a trusted car accident lawyer, schedule a risk-free consultation.