Category: Personal Injury

Collecting Compensation When You’re To Blame for a Motorcycle Crash

Motorcycle Accident Lawyer

As a motorcycle accident lawyer in MD from a law office like  the Law Firm of Frederick J. Brynn, P.C. can explain, when an auto accident occurs, there’s typically one party at fault and another party not at fault. 

If your accident was partially your own fault, is there a way you can collect compensation from the insurer? In the case of a motorcycle accident, there’s a possibility you could collect at least partial compensation when you’re partially to blame.

States With Comparative Fault

In states with a comparative fault system, you can often receive compensation minus the percentage you were at fault for the accident. For example, if your motorcycle accident was 80% your fault, you could be able to collect 20% compensation. To prove you hold less responsibility, you need to have solid evidence, so it’s important to always keep track of witnesses, medical bills and photographs of the scene.

States With Modified Comparative Fault

In states that have a modified comparative fault system, you can receive compensation to a certain percentage if you are less than 50% or 51% at fault for the accident. The percentage threshold depends on the state you’re in. Your compensation would be reduced by the percentage of fault you have in the accident. For example, if you are in a motorcycle accident and the court determines you hold 30% of the blame, you would only be able to collect 70% of the compensation.

States With Contributory Fault

In states that have a contributory fault system, you will not be able to collect any compensation if you hold even a small percentage of blame in your motorcycle accident. For example, if a court determines that by paying better attention, you could have avoided a crash caused by another motorist, you might be assigned a small percentage of blame, such as 5%. Even that small 5% would eliminate your ability to seek compensation.

How To Seek Compensation Elsewhere

If you feel the insurance company isn’t offering you as much as you deserve, you might be able to file a lawsuit. Medical expenses, lost income, pain and suffering, property damages, and punitive damages might be necessary for you to fully financially recover from your accident, and if someone else caused the situation, you should be compensated. A lawyer can help create and file a document to sue the other driver or individual who caused the accident.

Getting Started Today

The law is different from state to state, so when you’re in a motorcycle accident, you should speak with a lawyer who can explain what you’re up against. Contact a motorcycle accident lawyer today so you can get started.

Wrongful Death Lawyer

When you’ve lost a loved one, it’s difficult, no matter the circumstances. However, the circumstances can make it even more difficult, especially when those circumstances involve negligence. Hiring a wrongful death lawyer  can help to bring you and your family closure. The more experienced the lawyer, the better, and the Therman Law Offices, LTD and other similar offices have enough experience under their belts to put your minds at rest while you are trying to grieve and process the death of a loved one. 

Let’s dive into the benefits of hiring a wrongful death lawyer, and how they can help your family and loved ones.

The Legal Process

Your lawyer is going to understand the legal processes that surround a wrongful death. Your lawyer is going to typically specialize in wrongful death cases and have a detailed expertise in this field. This is great because the legal processes can be extensive and often differ between states. Your lawyer is going to have the knowledge to help build your case, from what is relevant to what is not relevant to the case. 

There are legal documents that must be completed and filed, and if they are done wrong your case can fall apart. Having a wrongful death lawyer will ensure that your documentations are filled out right and filed correctly. 

Furthermore, these cases can be time consuming and this is especially true if you attempt to go through this process on your own. You don’t have the knowledge that you’d need to properly navigate the legal situations involved in a wrongful death case, but a wrongful death lawyer does. And they can save you time and money because this process is very complicated and there’s a lot of strict deadlines. 

The details of your case can require a lot of time to determine, especially if you attempt to tackle this by yourself. With a lawyer at your side, though, you can grieve and spend time with your family while you heal from your emotional pain.

Because your wrongful death lawyer has experience in this area, dealing with similar situations to your own, they’ll be able to value your claim. This is more or less a guesstimate of how much your claim is worth, but it’d be a good basis for a starting point, to ensure that you don’t go any lower than what your lawyer values the case at. 

When valuing a wrongful death case, your lawyer is going to take into consideration:

  • Medical expenses that you paid or are in-debted to over your loved one’s care.
  • The cost of the funeral.
  • Any lost earnings or income, especially true if your loved one was the primary “breadwinner” in the family.
  • Pain and suffering of both your loved one and your family.

Wrongful death lawyers have seen a lot, and they’ve handled a lot of different cases with different circumstances. Find a lawyer you trust to help you handle the tedious paperwork and details of a court case, so you can grieve with your family.

What Is a Brain Injury?

A brain injury can be classified as mild, moderate, or severe and is a major cause of disability or death in the United States. They occur from a blow to the head or body, or from an object piercing the brain tissue. Mild brain injuries can result in temporary issues, while more severe injuries can result in long-term complications or death.

According to the Centers for Disease Control, about 166 traumatic brain injury deaths occur per day in the United States. Many different things can cause a brain injury, but some of the more common causes include:

  • Automobile accidents
  • Sports injuries
  • Falls
  • Assaults or abuse
  • Self-inflicted gunshots

If you or your child has received a blow to the head or body that results in symptoms or changed behavior, seek medical attention. A brain injury in children can affect their development. Symptoms can be missed in older adults if they present as a different, previously diagnosed issue. Several signs can alert you to see a doctor.

Mild Brain Injury Symptoms

Some physical symptoms to watch for are dizziness, speech issues, headache, nausea, and drowsiness. These symptoms can appear even if the brain injury is relatively mild.

Sensory symptoms can include ringing ears, sensitivity to light or sound, blurred vision, altered taste, or the inability to smell.

Additional symptoms can include confusion, abnormal sleep patterns, loss of consciousness, depression, or memory issues.

Moderate To Severe Brain Injury Symptoms

With a moderate to severe injury, physical symptoms can include losing consciousness, ongoing headaches, seizures, nausea, eye pupil dilation, coordination issues, and the inability to wake up.

Cognitive symptoms may include confusion, slurred speech, irritability or unusual behavior, and even a coma. Some symptoms may not present until years later.

While preventing brain injuries is difficult, there are precautions you can take. Wearing a helmet when appropriate, buckling your seatbelt, and staying alert of your surroundings, to name a few. Substances that can alter your state while driving should be avoided.  Brain injuries can cause ongoing issues for years and can be pretty complex. Medical expenses can add up over time.  If you believe another party’s negligence caused your brain injury, you should contact a lawyer specializing in personal injury. A brain injury lawyer like one from Hall Justice Law Firm can help you collect evidence and ensure you are seeking proper medical attention. You may be able to recoup expenses, including medical treatment, lost wages, therapy, and pain and suffering. It is an important phone call that could make a huge difference in your life as a brain injury victim.

Mistakes to Avoid After a Car Accident

When you get into a car accident because of another driver, your life can change in an instant. If you have been seriously, contacting a trusted car accident lawyer like one from Ward & Ward Law Firm. After a car accident, it is common for many victims to be stuck with expenses, such as medical bills, property damage, vehicle repairs and more. 

Knowing what to do if you get injured in a collision can keep you safe, protected and prepared. It is also a good idea to be aware of crucial mistakes that you should avoid so that you don’t run into any issues. Avoid these mistakes below if you are ever injured in a car accident.

Not seeking medical attention

You have just gotten into a car accident and notice that you feel bruised and sore, but believe that you are overall fine. Because you feel okay, you tell a first responder that you are fine and that you don’t need medical treatment. 

This is a big mistake that many people make. Even if you have minor injuries you should always receive an immediate medical evaluation from a doctor or other medical professional following an accident. You may have injuries that are not visible to you, and having a professional write a medical report is a strong piece of evidence to have as part of your claim. 

Apologizing or admitting guilt

After an accident, you feel guilty or feel that you have partially contributed to the accident. You express your guilt and apologize to the other driver. Expressing guilt or apologizing is something you should never do after an accident. Your words can be used against you, and it may affect how the outcome of your case turns out. 

Accepting the first settlement offer

Many people accept the first settlement offer that is given to them. Taking the first offer that comes your way is not something you should do because it is likely that it is not the best deal you can receive. Insurance companies will rarely give you the highest compensation. Ask a car accident lawyer to review any settlement offers that come your way so they can determine if it is fair.

Hiring a lawyer is recommended if you have suffered injuries that you are struggling to pay for. Schedule a risk-free and confidential case evaluation with a car accident lawyer now so that you can learn more about your options and how to best move forward with your case.

How to Avoid Motorcycle Accidents

Getting into a motorcycle accident is a frightening and life-changing experience. It can leave motorcyclists with injuries that can take months to recover from or even a permanent disability. Though you are not able to control how other people drive on the road, you can minimize your chances of getting into a serious accident by practicing safe, cautious and defensive driving. Be aware of the following mistakes so that you can avoid getting into an accident. 

Weaving through Lanes of Traffic

Because motorcycles are smaller and faster than many other vehicles on the road, some motorcyclists cross multiple lanes of traffic at once. This practice is dangerous and discouraged because you may strike other vehicles in your path, especially vehicles changing lanes or merging onto the road. Other drivers don’t have enough warning and fail to see you so they may strike your motorcycle as well. 

Making Improper Left Turns

Left-turn collisions make up a large portion of motorcycle accidents. They are common at four-way stops or at intersections where there are unprotected left turns. Some drivers are in a rush and turn too early when other vehicles from the opposite direction are traveling at a high speed. When a driver makes a poorly timed left turn, they can get into a T-bone accident, where another vehicle strikes them from the side. This can result in catastrophic injuries. 

Illegal Lane Splitting 

Do not lane split while you are riding a motorcycle. Though lane splitting is permitted in some areas, it is against the law in the state of Washington. Lane splitting is the practice of riding a motorcycle in between two lanes while traffic is slow or at a standstill. It poses many risks, but many motorcyclists lane split because it is convenient and allows them to easily go through traffic. 

Driving Under the Influence

As one of the most common violations of traffic law, driving under the influence of alcohol or drugs is a problem across all states. Despite the dangers, too many people underestimate how substances will impair their senses. Motorcyclists are especially vulnerable because motorcycles lack the protections that a car or truck have. Avoid operating a motorcycle or any type of vehicle if you have had a drink or have taken drugs or other substances. 

Do your part to stay safe on the road and keep other people safe. If you have been injured in a motorcycle accident where you have partial blame or the accident was caused by another driver, you may benefit from speaking with a motorcycle accident lawyer like one from Park Chenaur & Associates, Inc., P.S., Schedule a free consultation with a lawyer to explore your legal options.

Understanding the Statute of Limitations on Personal Injury Claims

A car accident, workplace injury, or any other personal injury can be life-altering. Depending on the severity of the injuries, recoveries can take months or years and sometimes have no set improvement date, meaning career and social life change.

It is natural after sustaining an injury, psychological or physical, you would want to wait until you were fully evaluated and healed before considering a lawsuit to seek compensation. Whether your reasoning is purely out of respect for your healing process or because you want a finite number for damages, you might need to reconsider waiting. 

Statute of Limitations

Depending on where you live and the type of accident, you might have less than two years to file a claim. In general, most states provide a statute of limitations of two years on person injury lawsuits, meaning you have 730 days to sue the at-fault party for compensation.

While that might sound like a lot of time, it is not a specific number for all states or all accidents. For example, in some jurisdictions, if you are injured while riding government-funded transportation, you might only have a few months to make a claim.

Exceptions to the Rule

If an individual is incapacitated because of an accident, a judge can allow a family member to file a claim on their behalf, especially if the two-year deadline is approaching. However, the exception is dealt with on a case-by-case basis, so there are no guarantees.

Additionally, if a minor is injured during an accident, they might have more time to file a claim. Most states with the two-year statute specify it as a rule for people of legal age or 18. If a child of 14 receives an injury in an accident, they should have the four years until their 18th birthday and the two years provided by the statute, meaning they will have six years to file a claim against the at-fault party.

Legal Advice and Intervention

Before filing any lawsuit in a personal injury claim, it is best to talk to a personal injury lawyer like one from Greenspan & Greenspan P.C. They can often provide insight into the likely success of the claim, and they can intervene on your behalf to argue for more time or other case specifics. 

If you would like to learn more about the personal injury process or about specific statutes in your state, contact a local attorney. Most personal injury attorneys offer a free initial consultation.

Reporting Nursing Home Abuse

Personal Injury Lawyer

A trip to visit your aging parent in the nursing home should be one that fills you with joy. Instead, if you find yourself feeling like something is wrong or off, you should not ignore it. Sometimes, there may be misconduct or negligence happening behind closed doors. While you may spot some of the physical indications of abuse, there are also invisible indicators that things are amiss. If you find yourself wondering about how your parent is being treated when you aren’t there, you may want to get help. Here are some of the steps you can take to ensure your parent is safe.

Nursing Home Director

If you have suspicions that something is wrong with your parent, you may want to take it up with the nursing home director first. The reaction to your report may help you gauge the level of care at the facility. There are times where the director is not aware that staff members are not doing their jobs. Make an appointment to see the director if possible and bring your list of concerns. Document the steps the director sets out for rectifying any issues you raise.

Physicians

Someone who should be able to spot the physical signs of abuse is your parent’s physician. There are some clear physical indicators of nursing home abuse or neglect, including:

  • Skin ulcers or bedsores
  • Injuries in all stages of healing
  • Malnutrition
  • Frequent illness or infection

If you suspect that your parent is not being cared for or abused, you may want to make an appointment with the physician and get things checked out. The doctor has an ethical duty to report abuse indications.

Police

Your local authorities may be your first or last call if you believe your parent is being abused. The police must come out and do a full report. As part of their investigation, they will interview the staff, administration and even other residents. There may be other reports for the same facility that you do not know about. The police will also call elder services, a sector of social services. Eldercare social workers can drop in and monitor your parent for continuing signs of abuse or neglect in your absence.

All aging people deserve to be treated with dignity and respect. If you have a strong suspicion that there is something wrong at your parent’s care facility, a consultation with a lawyer, like a nursing home abuse lawyer from Wieand Law Firm, LLC, may be warranted. An advocate who knows the system may be just the person you need on your side.

How Long Do I Have to Go to a Doctor After a Motorcycle Accident Caused by Standing Water?

Personal Injury Lawyer

Standing water impairs traction, making it difficult for motorcycle tires to maintain a grip on the road. Poor drainage from road surfaces poses a challenge for even the most skilled rider.

Standing water also conceals hazardous road defects. Motorcyclists can try to maneuver around visible potholes. When the pothole is filled with and surrounded by standing water, an unsuspecting rider is at risk of blowing a tire or losing balance after riding into it.

Other road defects may be hidden by standing water including ridges, cracks in the pavement, and uneven pavement surfaces. Riders are at risk of hitting debris that could puncture tires or damage wheels when the debris is covered by water.

The government that owns the road has the obligation to maintain it. Maintenance includes removing draining obstructions so that water is not allowed to pool in the road. Unfortunately, government leaders are so afraid of raising taxes that road maintenance suffers.

When a government neglects its duty to maintain roads, motorcyclists who are injured because of standing water can bring a legal claim. State laws typically require them to give notice of that claim shortly after the accident occurs. Failing to give that notice can result in a loss of the opportunity to make a claim for compensation against the government.

A motorcycle accident lawyer, like a motorcycle accident lawyer from Butler Law Firm, can investigate the circumstances of the accident and advise the injury victim of the deadline for filing a notice of claim. Contacting a lawyer after an accident caused by standing water should be one of the injured motorcyclist’s first priorities.

Is There a Time Limit for Going to a Doctor After a Motorcycle Accident Caused by Standing Water?

While there are time limits for filing a notice of claim and starting a lawsuit, no law places a deadline on seeing a doctor after a motorcycle accident. There are nevertheless practical reasons for doing so as soon as possible.

Prompt treatment can save lives. While serious injuries will often result in emergency room treatment, the severity of an injury is not always obvious. When a rider’s body slams against the pavement or a bike falls onto the rider’s chest, the rider may suffer from internal bleeding or organ damage. Riders might not know that the injury is serious until it is too late to treat.

Head injuries can cause bleeding or swelling in the brain. The only symptom may be a mild headache until sudden pain leads to death. An immediate evaluation can mean the difference between survival and death.

Prompt treatment also encourages healing. Trying to “walk off” an injury might only increase the damage. Injuries to muscles and joints can cause lasting pain that eventually becomes debilitating if treatment does not begin immediately. Motorcyclists might condemn themselves to a lifetime of disabling pain if they do not see a doctor immediately after a crash.

Seeing a Doctor After a Motorcycle Accident Caused by Standing Water Improves the Outcome of Injury Claims

Governments employ claims managers to evaluate legal claims. They typically view their job as protecting the government’s budget by denying claims whenever they can.

Claims managers scrutinize an injured motorcyclist’s medical records. If the motorcycle rider did not seek prompt treatment, the claims manager will deny that any eventual treatment was related to the standing water. They will argue that the treatment must be related to a later accident, because people who are injured in an accident usually seek treatment right away.

Claims managers also look for treatment gaps. If an injured rider decides to ignore a doctor’s advice and blows off appointments, the claims manager will assume the injury healed and will attribute renewed treatment to a new injury. Seeing a doctor quickly and following treatment recommendations is the best way to protect a motorcycle rider’s ability to obtain compensation. 

Practicing law is hard, but being a Personal Injury Lawyer is not (most of the time). 

Practicing law is hard, but being a Personal Injury Lawyer is not (most of the time)

Let’s get something out of the way first, practicing law is hard but fighting to get you paid for your injuries after a car accident is easy…most of the time.

Here’s why:

  • The reality is that car accident lawyers are not rocket scientists.  
  • They are not curing cancer. 
  • They are hard working men and women fighting every day to do a task that can be broken down into formulaic principles. 

That is why it is easy. 

But, it may take many years or decades to get to the point where it is easy, but maybe not.

There is a lawyer in Louisiana who, never having settled a lawsuit of his own, never having stepped into a trial, never having any experience in personal injury law gets a client who has some great facts:

  • Car overturned on the expressway, getting hit from behind at 70 miles per hour, with a subsequent fire that engulfed the car in mere minutes.  
  • She was pulled out of the car by onlookers, apparently with minor cuts and bruises (and a whopping headache).
  • She doesn’t seriously treat for several months, until she meets this attorney who tells her that he is going to help her get better and get paid. 
  • He starts by finding out how much insurance is available by contacting the insurance companies for the guy who hits her and her own insurance company. 
  • Luckily there is more than $125,000 in insurance available between the liability insurer and her own uninsured motorist policy.  
  • She has symptoms of dizziness, loss of sleep, headaches and memory loss. 
  • Classic symptoms of a TBI: Traumatic Brain Injury, but she didn’t really know it. She just thought her head hurt and she may have heard of the word concussion before but didn’t know that was actually a laymen’s term for a TBI. 
  • She sees a neurologist and specialists who tell her there is not much they can do or that she can do, but wait, take time away from work and let her brain rest.  
  • She follows their advice to the best of her ability but she also has to work, take care of kids, live her life…and the last thing she wanted to do was deal with insurance companies after a long day.

This lawyer, with limited experience but a propensity and desire to learn the art of negotiating a deal calls on his more experienced personal injury lawyer friends to help him do the right thing and maximize the claim for his client.

He follows their tried and true advice:

  1. Get treatment for the client documented by well known doctors in the field who will give a causation statement that her injuries are a direct result of the accident and were not pre-existing.
  2. Make sure the client goes to treatment and get the medical records to submit with a demand letter detailing all treatment with corresponding expenses. 
  3. Research the cases and determine the case value for the types of injuries in the jurisdiction in which the accident case would be tried in court.
  4. Talk to the adjusters and never, ever take the first offer (or second or third). 
  5. Keep the pressure on that you will go to trial

After doing all of those things and sticking to his guns, the lawyer ends up with all the money that he had sought to get for his client.

He was amazed.  So was the client. 

He followed a formula.  It is not hard and he learned it.  So he got excellent results. 

He also had great facts, great mentors and a drive to win.  

Those are the easy cases and the hard cases without great facts and high policy limits are the ones where great PI lawyers earn their keep.

But most of the time…it is the diligent practice of grinding it out, following the formula and never taking no for an answer that makes a PI lawyer a winner.

How to Determine if You Have a Personal Injury Case

Accidents happen. If you have been injured in an accident, this doesn’t necessarily mean that you have a personal injury claim. Likewise, if you were injured, it might mean that you do have a case. If you aren’t familiar with personal injury law, then you might be confused as to what a valid claim entails. The following are the basic requirements for a personal injury lawsuit.

There Were Compensatory Damages

Even if you were in an accident, if there were no damages, then you cannot file a claim. The basis of a personal injury lawsuit is that you suffered damages that you deserve compensation for. Often, these are medical bills, pain and suffering or lost wages. In fact, many accidents result in a mix of different damages.

For instance, say that you slipped and fell in a grocery store. The store may be responsible if they did not maintain a safe store. However, if you fell and had no injuries, then the store does not have to pay you for any damages. On the other hand, if you fell and suffered a break to your hip or other medical issue, then you may be able to file a claim.

There Was a Negligent Party

After an accident, if you want to file a personal injury claim, there has to be someone who was negligent. For instance, if you are in a car accident because another person ran through a stoplight, then that person was negligent and is responsible for your damages. In addition to there being a negligent party, the person’s negligence had to cause the injuries.

The negligence has to cause the injuries directly. In car accident cases, for instance, you may see damages reduced because the injured party was not wearing a seatbelt or is partially responsible for his or her own injuries.

If you were in any type of accident or suffered any injuries due to someone else’s negligence, then it is possible that you deserve compensation. Keep in mind that all areas of the law can be complicated and if you want to make sure that you have a claim, you should speak with a lawyer. In addition, a lawyer can make sure that you file all of the proper forms and documentation necessary. To find out for sure if you have a claim, call a Philadelphia, PA, personal injury lawyer, like Wieand Law Firm to set up a consultation.