Category: Personal Injury

Ice Storms and Your Car Insurance: What Is Covered?

Driving when there is ice on the road is a very dangerous thing. However, many people have to do it for work or other reasons. Car accidents during ice storms are very common. If you live in an area that is prone to ice storms, for example, you may want to consider consulting with a car accident lawyer, like one from Johnston Martineau, LLP, sooner rather than later. 

If you were involved in an accident caused by ice, you may wonder if your insurance will cover the damages. This depends on several factors, including how many vehicles were involved and what type of coverage you have. Consider how these impact the compensation you receive.

Single-Car Accident

If you were the only driver involved in the accident, your compensation is based solely on your personal insurance policy. If you have comprehensive car insurance, the damages should be covered. With this type of policy, your car is protected from any type of damage. This type of policy is a popular choice for people who have newer vehicles that are worth a lot.

If you only have liability coverage, your insurance company will not compensate you for damages to your car. Liability insurance only protects someone else’s property that you damaged during the accident. Many people choose this type of policy because it is less expensive, but it is important to consider that you will have to pay out-of-pocket for damages to your own vehicle.

An experienced car accident lawyer in Iowa will be able to guide you through the process and help ensure that you get the best possible outcome. 

Multiple-Car Accident

It may seem obvious that you should hire a car accident lawyer in Iowa for ice storms, but there are actually many reasons to do so. If you are the at-fault party in the accident caused by ice, comprehensive coverage will cover damages for your vehicle and the other party’s. If you have liability coverage, only the other party’s damages are compensated.

If you are not responsible for the accident, the at-fault party’s insurance should cover your damages. This is true whether he or she has a comprehensive or liability policy. If an uninsured driver caused the accident, you need to consult with a lawyer to receive compensation for your damages. It can be frustrating to deal with a situation involving an uninsured driver, but a car accident attorney can help you navigate the process. 

Conclusion

Car accidents can happen in any weather, but they are much more likely when the roads are icy. Insurance coverage can be difficult to understand. Still, you should stay informed and up-to-date about your personal insurance policy. This will help you if you ever find yourself involved in a single or multi-car accident. If your insurance company is not treating you fairly, consider contacting a car accident attorney. A lawyer can help you deal with both insurance companies and uninsured drivers.

If you have been injured in a car accident, you may be entitled to compensation from the insurance company of the driver who caused it. However, if there was an ice storm and you were not at fault for the accident but they still refuse to pay your medical bills or any other expenses, then you will need a car accident lawyer. 

Tips to Avoid Road Rage

Road rage is when another driver engages in aggressive or angry actions while behind the wheel of an automobile. According to AAA Foundation for Traffic Safety, aggressive actions are a factor in up to 56% of fatal car crashes. Learning how to avoid road rage and not provoke it in other motorists will make the road safer for everyone. Some helpful practices to follow are:

Avoid Rude Gestures

Even if another driver is aggressive and not following the rules of the road, do not engage with them by throwing your hands up in the air or making faces. If your windows are down, do not yell at fellow drivers. Rude gestures will only incite rage in other motorists, and they will not keep you calm either.

Think Twice About Honking

Sometimes, a short honk of your horn is helpful in nudging another driver when a light has turned green or indicating your presence. Longer, more aggressive use of your horn can be irritating to other drivers. It may prompt them to show aggressive driving behavior, putting you in danger.

Practice Safe Driving Habits

Think back to what you learned in driver’s education and apply those lessons. Avoid tailgating, hard braking, speeding, and cutting other drivers off. Use your turn signals to change lanes and only use the left lane for passing. Obey traffic signs and come to complete stops at red lights and stop signs.

Leave Plenty of Time

If you are always running late, your driving habits will be more aggressive and chaotic. Allow yourself plenty of time to arrive at your destination, especially during busy travel times. You will be more patient with other drivers.

Admit Fault

Everyone has made a mistake while driving. If you accidentally cut someone off or missed a signal, offer a pleasant wave and a smile to show you are sorry and recognize you are at fault. The other driver will appreciate the kind gesture.

If you are injured in an automobile accident caused by road rage, you can seek compensation. Contact an auto accident lawyer who specializes in car accidents to discuss your incident from a firm like the Law Office of Eric H. Luckman, P.A. You may be able to recover lost wages, medical expenses, and damages to your car.  

Buckling your seatbelt and avoiding distractions while driving are two great ways to remain safe on the road. Try to keep a positive mindset when behind the wheel and try not to assume the worst about others’ actions.

Which Defective Car Parts Commonly Cause Accidents?

While drivers do make errors and may lose control of their vehicles, some collisions occur due to failures within the cars themselves. If you believe that a defective car part may have caused (or contributed to the causes of) your crash, there may be steps you can take to ensure you are compensated for your damages, injuries, and other hardships you have experienced.

Which Defective Car Parts Commonly Cause Accidents?

When possible, it’s important to identify what exactly went wrong with your vehicle. Pinpointing the source of the problem could help prove that you were not at fault. Consider a few car parts that have been known to fail and cause accidents:

  • Power Steering Failure: When it is difficult to steer your vehicle, you could collide with a car or other obstruction.
  • Brake Failure: With no way to slow down your car, you could be unable to prevent a high-speed accident.
  • Airbag Issues: If your airbag deploys at a time when it is not needed, it could distract you and thereby lead to a crash.
  • Electrical Issues: Problems with your car’s electrical system could lead to various issues, one of them being fires.
  • Unexpected Acceleration: If your vehicle speeds up when you aren’t pushing the pedal, you could easily bump into a car or other obstruction.

As experienced injury lawyers can confirm, it isn’t always easy to tell when defective parts have played a role in the cause(s) of a crash. As a result, it is important to avoid making assumptions about what caused your crash until you’ve spoken with an attorney about your situation. You may be entitled to far more compensation than you have initially assumed. 

Who Is Liable?

In many situations, defective parts are the responsibility of the manufacturer. If the manufacturing process went wrong somehow, you may be entitled to various forms of compensation. The company may be required to pay for a replacement vehicle, your medical expenses, and even lost income if you were too injured to work for a time. The manufacturer of a car part isn’t always to blame. Sometimes the designer is at fault for not correcting a design flaw. Similarly, your dealer could be responsible if a part was installed improperly.

What Should You Do Immediately After the Crash?

After attending to any injuries sustained during the accident, it’s critical that you take photos of the scene and ask for a copy of the police report. This way, you can gather any and all evidence pointing to the cause of the collision. Be sure to update your insurance company, as well, after speaking with an attorney. Acting promptly and proactively will help to ensure that your rights and interests are protected as you move forward. 

What Should You Do if You Suffer from a Brain Injury?

Suffering brain injuries at the hands of another person’s negligence can be extremely traumatizing in the road to recovery is going to be long and expensive. However a brain accident lawyer is going to make the road to recovery and receiving compensation that much easier. The lawyers that deal with brain injuries have a lot of experience doing so, because these are an extremely common type of injury that occurred due to neglect. So if you or your loved one has been injured and received a brain injury, reach out to the lawyers that can help you, such as the lawyers at Barry P Goldberg.

Your brain accident lawyer is going to be able to help you file claims against negligent motors, doctors, or trucking companies. Whoever was deemed out fault for your injury is going to be who we are, the lawyer fires a claim against.

The elements of a brain injury lawsuit are as follows, and it’s helpful to know these things before you are trying to file a brain injury lawsuit because it’s going to ensure that you get a lawyer with the experience and expertise that you need. To file a lawsuit the brain injury victim has to of suffered trauma as a result of someone else’s negligence, and in the negligence claim the lawyer representing the party that was injured needs to be able to prove the following:

  • That there was a legal obligation otherwise known as the duty of care, that requires the individual who was deemed negligent to exercise a reasonable level of care as to prevent harm to others. A good example of this is that a doctor has a duty to perform up to the standard of care established by the medical community and anything less than that is deemed negligent.
  • That there was a breach of duty. The lawyer must be able to prove without a doubt that an individual or entity was considered negligent if they have breached their duty of care. Another example of this is that the doctor performs an operation in a manner that is considered by the medical community to be unacceptable. In this instance the doctor would’ve been deemed to have breach of duty.
  • Causation must be proved, which means that the lawyer must be able to prove the defendant’s negligence must’ve been directly responsible for the injury and the damage that occurred.
  • There must’ve been damages, for the victim to file a claim the injury must have caused either economic or noneconomic damages.

The type of compensation that somebody could receive for filing a negligence suit against somebody in the act of receiving a brain injury via an accident, are as follows:

  • Medical bills are often going to be tied to a brain injury, and as long as the victim can prove that their medical bills and their medical needs are related to the injury and that the injury was caused by negligence, they can file a lawsuit to gain compensation for all expenses related to doctors visits, hospitalization, rehabilitation and of course occupational therapy.
  • Pain and suffering, usually refers to whole monetary damages for any lasting physical or emotional pain such as brain damage or amnesia.
  • Loss of life’s enjoyment, a victim of brain injury may also be entitled to compensation for their inability to participate in activities that they once enjoyed.
  • And of course wrongful death. When a brain injury is fatal the victim’s family can typically file a wrongful death lawsuit to pursue compensation for any financial damages such as funeral costs or lost wages that have resulted from their loved one’s death.

Proving Negligence in a Motorcycle Accident

Motorcycle Accident Lawyer

As the victim in a motorcycle accident, if you file a lawsuit, your case is likely to entail a claim against an at-fault driver for negligence. Failing to act with care that any reasonable person would have done in a similar situation is defined as negligence. There are five elements common for vehicle related negligence claims: 

#1 Duty

A person is obligated by law to act in a way that is reasonably safe towards others in certain situations. In the case of a motorcycle crash, where someone hit a motorcyclist, the defendant would be the at-fault driver. In most instances, there was a legal duty for the driver to operate his or her vehicle in a way that didn’t endanger others but failed to do so, and this can be proven through accident evidence and the victim’s injuries. 

#2 Breach of Duty

Breach of duty is when a defendant doesn’t fulfill his or her duty of care due to engaging in unsafe and unthoughtful actions. For example, if a driver ran a street light and hit a motorcyclist, the court may assume that the driver had violated this duty of care by legal standards because a driving law was broken. Your lawyer can consult with you about whether the driver’s actions constitute breach of duty. 

#3 Cause-In-Fact

An injured rider must show that the car driver had caused their injuries and losses. This is sometimes referred to as “but-for” causation, as the injured person must show that if not for the at-fault driver, there wouldn’t have been a crash to ensue and resulting injuries and damages. 

#4 Promixate Cause

The reckless driver may be held financially responsible for harm caused to the motorcyclist, including current and future expenses. Serious injuries are viewed as foreseeable repercussions of poor driving, and thus, proximate cause can be established. 

#5 Quantifiable Damages

The injured motorcyclists must have suffered bodily injury, damage to motorcycle, and financial loss which can be calculated quantifiably. Your lawyer can review medical bills, treatment plans, wage loss paperwork, and receipts for out-of-pocket expenses as a way to calculate how much is fair in restitution for your case. 

For a consultation with a committed and seasoned motorcycle accident lawyer, contact Barry P. Goldberg today.

Choking & How it Happens

Choking & How it Happens

Choking

If you or a loved one have been the victim of a choking accident then it is important to know what your options for going forward are. People can choke on things for a number of different reasons. It may be the result of food not being cut properly or it could be from a product defect. Regardless of the reason why it’s important to know that help in the form of legal assistance does exist for these types of issues. Compensation may be available depending on your case’s details.

How to Tell if Someone is Choking

There are many different ways to be able to tell if someone is choking. It’s always crucial that a careful watch is placed on those with sensitive eating habits. That especially means for babies, toddlers, and elderly people. All of them equally can have difficulty eating and swallowing foods. In order to tell if someone is choking, observe the following:

  • Difficulty breathing
  • Face-changing color
  • Coughing
  • Firmly holding throat or chest
  • Failure to be able to speak or swallow

If you or a loved one exhibits any of these signs, then there is a chance that the culprit is choking. 

How Choking Happens

Choking can be the result of many different reasons. If food is simply too large and hasn’t been cut into pieces, then this can cause someone to choke. Eating too quickly is another common way that people choke. Dentures that are typically worn by elderly people are another thing that can lead to choking. Another way that choking happens is when children play with small toys. Toys and certain other products should be labeled correctly with choking hazard stickers. If they are not properly labeled, then there could be a chance for a lawsuit. Contact a choking lawyer to learn more about how to proceed with a choking case. 

Product Defects

As stated before, toys and certain other products should be labeled with choking hazard warnings. If not, then a lawsuit may be filed. Product defects are another thing that can lead to choking. Certain products used for the mouth like dentures and other mouth care products could lead to choking. It’s always important to read the details of the product and if there are warnings for how to use them. These products may also have defects that were originally unintended that lead to a choking incident. Contact Davis & Brusca, LLC, for help with your case. 

 

Dizziness Following a Car Accident

Car accidents are no laughing matter. Besides damage to your vehicle, there’s the possibility that you have been physically injured. In fact, you may still be hurt even if you think your body is “holding up okay.” For example, dizziness – while not immediately concerning to most people – can be a sign of a medical problem that must not be ignored. As an experienced brain injury lawyer – including those who practice at Royce Injury Attorneys, LLC – can confirm, ignoring possible neurological symptoms (such as dizziness) after a car accident could result in potentially catastrophic physical and financial consequences. 

What Dizziness Means

Feeling dizzy after a car crash could mean you have a brain injury. Other signs that your cognitive functioning has been negatively impacted include:

  • Lightheadedness
  • Imbalance
  • Fainting
  • Nausea
  • The sensation of slowly moving, even though you’re being still

Any of these symptoms could point toward a concussion. Immediately seek medical assistance the moment you suspect you have one. You’re not overreacting by seeking medical attention – you’re exhibiting healthy signs of self-respect and care. 

What a Concussion Means

Concussions are traumatic brain injuries caused by severe blows to the head that reduce one’s ability to process information. You might have smashed face-first into the steering wheel or the side window during impact. The odds of developing a concussion in these instances are strong. Although uncommon, victims of serious concussions sometimes temporarily lose consciousness. More common side effects are:

  • Headaches
  • Inability to concentrate
  • Loss of coordination

Most individuals fully recover. However, left untreated, long-term complications may develop. Vertigo, chronic headaches, mood swings, and brain fog are all possibilities. These problems sometimes last for months or even years. For this reason, individuals who’ve suffered even minor head trauma should seek a neurological evaluation.

You may feel fine and return home, suspecting that nothing is wrong. Over time, symptoms might emerge that indicate there’s a problem. Rush to a doctor if you experience ringing in your ears, feel drowsier than normal, have slurred speech, or become sensitive to light and noise. Depression and blurry vision are other indications that you have an untreated concussion.

What Legal Action Means

Expenses are inherent in getting medical treatment, and nobody should be forced to shoulder an economic burden because of someone else’s wrongdoing. Additionally, it’s impossible to calculate a concrete value for the pain and suffering that concussions create. If the vehicular accident you were involved in wasn’t your fault or was only partially your fault, consider seeking legal compensation. Consult with an experienced attorney to better ensure that you are properly paid any compensation to which you may be entitled. But first – seek necessary medical attention. 

What are some myths about PRP therapy?

Knee Injections 

As a specialist in knee injections from practice can explain, platelet rich plasma, or PRP, is a therapy that has been around for over 30 years, but has only recently become one of the go to choices made by patients and doctors. The treatment is known to effectively treat musculoskeletal conditions, particularly those that involve muscle injuries, joint pain, connective tissue injuries, and so forth. It is also used to rejuvenate the skin, encourage new hair growth, and reduce acne.

Due to this treatment being relatively new to the American market, many people do not know about PRP, or are misinformed about how it works. The following are some of the most popular myths our PRP doctors know about. If you have further questions about PRP therapy and how it may help you, get in touch with a knee pain specialist today.

Myth 1: Platelet Rich Plasma Is a Complicated Procedure

Fact: Platelet Rich Plasma Treatments Take About One Hour

When you opt for PRP treatment, your blood will be drawn from the arm and placed into a centrifuge where it is spun and separated. The plasma will be placed into a syringe and then it will be injected into the area of your body being treated. PRP treatment is one of the simplest medical procedures, is non-invasive, and takes around one hour from start to finish.

Myth 2: PRP is Painful

Fact: There is Very Little Pain

Platelet rich plasma treatment is one of the least painful medical procedures that can effectively treat musculoskeletal problems. There are needles involved; therefore, you may feel a bit discomfort during the blood withdrawal and PRP injection. In some cases, such as hair loss treatment, a topical anesthetic is used. 

Myth 3: PRP is Dangerous

Fact: PRP is Known to Be Safe and Effective

Platelet rich plasma therapy is considered to be safe and effective. Your own blood is being used in the procedure which means there is little to no risk of reactions, side effects, infection, or complications. You also do not need to worry about a transmission of a disease or the body rejecting the platelets. Overall PRP is safe. However, there are some known cases of an infection developing at the site of the injection. This can typically be treated with antibiotics. In a very small number of patients involved in PRP research, their body did reject the PRP. Why this is happening is currently not understood by researchers, and when it did occur, there were no other symptoms. 

Myth 4: It Takes Several Treatment to Feel the Results

Fact: Improved Relief Is Often Noticed After the First Treatment

Most patients who undergo PRP treatment will notice a decrease in their symptoms after the first treatment. Depending on the symptoms and issue being treated, you may need 1-8 + treatments. It is certainly possible that you will notice an improvement after one or several injections. 

Myth: Only Older People Can Get PRP Therapy

Fact: People of All Ages Can Benefit from PRP

As a PRP doctor might explain to you, there is no minimum or maximum age to receive PRP therapy. In general, you should talk with your doctor to find out if you’re a candidate. Whether or not a person under 18 should receive the treatment will be based upon the doctor’s opinion and the childs’ symptoms.

What Can Drivers Do if a Car Wreck is Caused By a Fabric Defect?

Auto Accident Lawyer

Some car wrecks are caused by driver inattention and driving under the influence, but in some cases, a wreck might be the result of a defective car part. Some systems may break down without warning and cause drivers to lose control of their vehicles, so when this occurs, who is at fault? As an auto accident lawyer can explain, fortunately, drivers who find themselves accused of causing a car accident have several options if they believe vehicle malfunction is the main cause behind the wreck. 

Contact a Mechanic 

Drivers who believe a defective car part caused their accident may want to contact a trusted mechanic as soon as possible so he or she can check each of the systems. There are several different automotive parts that might fail without warning, including: 

  • Tires 
  • Brakes 
  • Steering 
  • Clutches 

Sudden acceleration, deceleration or a deviation out of a designated car lane can all cause a serious car wreck, so having a report from a certified mechanic in hand may help prove a driver’s case that a defect, not operator error, caused the accident. 

Check Recall Lists 

Most car manufacturers perform a voluntary recall if a defect is found in a certain make and model, but drivers who are unaware of such a circumstance may have continued to drive their vehicle. There is a government recall database available online, but there are no laws that make consumers responsible for searching such lists. 

Contact an Attorney 

While a driver might suspect a defective part caused an accident, hiring an attorney can help prove this fact and satisfy the burden of guilt. Attorneys may have access to certain records and information drivers may not be able to gather on their own, as well as having important experience when it comes to speaking with insurance adjusters and other individuals involved with the accident. 

Discuss Manufacturer Fault 

Attorneys may be able to find fault with the car manufacturer and shift blame away from drivers who experienced an accident due to part failure. While drivers are required to keep vehicles maintained, a hidden defect does not fall under such a circumstance. Defective spot welds and computer system errors are often contributed to unexpected driving events, and in many cases, the vehicle manufacturer may be held liable for injuries and property damage. 

If you experience a car crash and believe a faulty car part is to blame, you may feel that you have nowhere to turn. However, help is available. Contact an attorney today for a consultation and for further assistance. 

Fire Damage to Properties and People 

Fire InjuryWe have all seen fire trucks passing by us at high speed, their sirens on. We have probably stared at them with great concern. Just thinking about a fire and the possible losses—human and material—can easily make us get goosebumps. But, unfortunately, according to the National Fire Protection Association, fire departments in the United States respond to a fire alarm every 24 seconds.

Fires not only cause monetary losses in terms of properties, homes, and businesses; they also leave behind physical and emotional injuries and, sadly, human casualties. Fire damage is among the top five insurance companies’ claims, proving to be the most expensive one, and this becomes even more so when a lawsuit is filed.

Fires can occur due to a person’s negligence, poor maintenance of facilities, or even because they are intentionally provoked. Fire complaints usually mention the following causes:

  • Fire due to gas leaks causing an explosion
  • Fires due to electrical equipment that has faulty wiring
  • Fires due to poor installation of some equipment both at home and in a business (ovens, water heaters, machinery, etc.)
  • Fire due to mishandling and storage of dangerous chemical substances, among others.

The causes of a fire can be very diverse and can range from an accident in the kitchen, not putting out a cigarette well, making bonfires in forest places, or even lightning striking a tree. With so many causes, determining liability can be complex, and even multiple people can be held responsible for a fire.

Additionally, the damage that is caused by fires do not necessarily need to be as a result of a fire directly touching your property or self.  Damages vary and can include damages caused by ashes or soot that resulted from the fire! 

In any situation, it is vital to consult an attorney who can advise you as to whether file a claim for damages, as Sahar Malek Law, APC, can explain. As with other injury situations, the amount and considerations for compensation vary from state to state. However, the vast majority of states require coverage for the following:

  • Present and future medical expenses
  • Present and future income losses
  • Pain and suffering
  • Property damage, including ash or soot damage
  • Temporary or permanent disability
  • Disfigurement
  • Death

A fire claim can be a very challenging process, so you will want to have an experienced attorney by your side and not go through it alone.  A situation like this is already devastating, and you will want all the support you can get.