Personal Injury

There are few realities in life more trying than learning that your very young child has suffered harm as a result of someone else’s abuse or neglect. No fit parent would voluntarily leave their young child with someone who they knew to be neglectful and abusive. Unfortunately, people who treat children in these ways aren’t always easy to spot. In fact, some of the worst offenders put on the most convincing attitudes in front of parents before revealing their true colors behind closed doors.

One single incident of this duplicity was made apparent when a video of daycare providers tarrying toddlers went viral last Halloween. A Mississippi day care center – which looks well kept on the video – employed multiple teachers who felt like it was appropriate for one of them to don a mask from the movie “Scream” and to then scream at, belittle, and threaten terrified toddlers. Few, if any, of the parents who left their children in the care of that relatively reputable center could have predicted that anything close to that would have occurred under the providers’ watch.

And yet, children are subjected to mental, emotional, and physical injuries every day due to the negligence and/or abusive conduct of trusted daycare providers. As a result, if you have recently discovered that your child’s care giver has been neglecting or abusing them, you are certainly not alone. Parents across the nation share your experience and can confirm that it is not your fault. Your child’s harm is the fault of the provider who was obligated to protect them from harm, not cause it.

Exploring Your Legal Options

As an experienced personal injury lawyer – including those who practice at Council & Associates, LLC – can confirm, there are a few things you’ll want to consider doing in light of what you’ve learned about your daycare provider. First, depending on the kind of neglect and/or abuse your child has been subjected to, you may want to speak with the agency that oversees daycare operations in the state and/or the police. The state agency can investigate the care provided at the center (or in the home of the provider) to better ensure the safety of any other children in the offending individual’s care. The police can investigate whether the offender should be brought up on criminal charges.

Also, regardless of how the police and the state respond, you may be in a strong position to file a personal injury lawsuit against the provider if your child suffered physical injuries as a result of their mistreatment. The more seriously your child was injured, the more likely it is that you can sue the offending provider for economic and non-economic damages as a result of your child’s experience.

What you’re facing as a family is a reality that no one should have to endure. Yet, it is important to understand that you are not powerless. You have rights and it is up to you to exercise them to the fullest possible extent in light of the circumstances.

Car Accident Lawyer

Rear-end collisions are the most common type of car accident. A rear-end collision happens when the front part of one car crashes into the back of another car. An experienced car accident lawyer explains that most rear-end collisions happen when a car is tailgating or following a car in front of it too closely. Rear-end collisions can also happen when a driver becomes distracted and makes the mistake of not paying attention to a vehicle in front of them and does not have enough time to slow down or stop to avoid a car accident. High-speed rear-end collisions can cause spinal cord injuries, crush injuries and broken bones. Even low-speed rear-end collisions can cause serious neck and back injuries.

Common Injuries from Rear-End Collisions

Whiplash is the most common type of injury caused by rear-end collisions. When a car is hit from behind in a rear-end collision, the driver’s body is jerked forward and the head and neck are “whipped” back and forth, causing whiplash. A driver can also suffer muscle, ligament and nerve damage in whiplash cases. Another serious type of injury that occurs in rear-end collisions is traumatic brain injury. This type of injury is caused by the brain smashing against the skull during the trauma of a rear-end collision. The resulting brain damage can cause temporary or permanent disability or may lead to death. A rear-end collision can also be fatal if the force of the impact causes a driver to suffer internal organ damage and internal bleeding.

Liability and Rear-End Collisions

After a rear-end collision, if a driver is severely injured, they can seek compensation from the insurance company of the driver who hit them. The insurance company will usually make an “initial settlement offer,” which in most cases is less than $15,000, to cover losses such as medical expenses, lost wages and property damage. If this settlement is not enough to pay for losses suffered in the car accident, the injured driver may want to file a personal injury lawsuit. Lawsuits that are filed after a rear-end collision are based on the legal concept of negligence. When a driver rolls, or slams into the back of someone else’s car and the car is parked legally or stopped legally at a traffic light or stop sign, the driver who hits the car is usually presumed guilty of negligent driving. This presumption of negligence is based on the universal road rules that require all drivers to follow other cars at a safe distance. In the event that a car in front abruptly stops, the car behind them should have enough distance to stop without causing a car accident. Some states have enacted laws that require drivers to leave a “reasonable and prudent” distance between their car and a car in front of them. If a driver does not leave enough following distance and a rear-end collision happens, the driver may be found guilty of violating state law and this can be used as proof of negligence in a personal injury lawsuit. 

Thanks to Brad Lakin at Champions for the Injured for this Information.

Motorcycle Accident Lawyer

Motorcycle accidents can leave victims with injuries that cause them serious problems for the long-term. In the wake of an accident, it’s key that victims get emergency medical care so that underlying medical problems that they may be unaware of get prompt treatment. Failure to do so could result in more serious and even tragic occurrences. Going to the doctor will also help if you choose to request repayment from the at-fault driver who hit you for your bills and other losses. Having medical documentation is important to supporting your injury claims and getting the maximum compensation possible. 

The aftermath consequences of a motorcycle accident can be far reaching. Not only may you be physically injured, you likely have experienced mental anguish as the result of the trauma you experienced. There can be an endless number of injuries motorcycle accident victims may face. Here are the most common injuries motorcycle accident victims may need treatment for:

• Broken Bones
• Road Rash
• Facial/Dental Injuries
• Post Traumatic Stress Disorder (PTSD)
• Whiplash
• Back Pain
• Neck Pain
• Head Injuries
• Knee Pain

In motorcycle accidents, it is often the motorcyclist who suffers the worst injuries, and it may take some time before a victim finally is able to recover fully. Some may not be able to return to the same health that they were before the accident ensued. Because of the severe nature of motorcycle accident injuries, it’s not uncommon for pain to remain a constant and chronic issue. This may occur even long after the visible wounds from the accident have healed. When faced with a motorcycle accident, many soft tissue injuries can cause victims to experience neck and back problems, which may lead to muscle tightness and chronic pain. Getting care from a doctor shortly after the accident can ensure that you obtain the treatment you need to assist in the healing process, and mitigate the pain you are experiencing. 

Have you suffered from a motorcycle accident? Chances are if the accident was the fault of another, you may be entitled to compensation by filing a case against the driver who hit you. It could be beneficial to contact a lawyer, similar to a motorcycle accident lawyer from Cohen Injury Law Group, P.C., so you have a professional to manage the legal aspect of things. Your lawyer can handle paperwork, speak with insurance representatives, advocate for fair compensation, and ultimately watch out for your best interests.

With the overwhelming task of recovery, you may not have realized just how much a legal team can support you. Many people do not realize that pursuing monetary restitution from the at-fault driver is an option for them, and is something worth considering. Victims of motorcycle accidents may be entitled to repayment for their medical bills, loss of wages, pain and suffering, physical therapy, counseling, and other ways that their life has been impacted. 

Birth Injury Accident Lawyer

There are few things on Earth that are harder to endure than watching one’s very young child suffer. The reality that innocents shouldn’t suffer is compounded by the primal urge to protect one’s own and the helplessness that comes with not being able to prevent all suffering. If your baby was recently harmed during the birthing process, you are all too familiar with this heart-breaking reality. Please know that while there may have been nothing you could do to prevent what happened to your infant, you may be empowered to take action now. Speak with an attorney to clarify your rights and options under the law.

Filing a Lawsuit

As an experienced birth injury accident lawyer – including those who practice at the Cohen Injury Law Group – can explain in greater detail, parents are generally in a strong position to file a birth injury lawsuit if their child was harmed as a result of medical negligence. In a nutshell, medical negligence occurs when a medical provider – that could be either an individual or a medical facility – fails to provide the kind of care that a reasonably competent provider facing the same circumstances would give to a patient and that patient suffers physical harm as a result of that substandard care.

If you’re unsure of whether you have grounds upon which to file a lawsuit, that’s okay. It is often very difficult to determine whether one has standing to sue until a lawyer has thoroughly and objectively evaluated the circumstances in question. Because they fear liability, medical providers often fail to be forthcoming about the missteps they’ve made when treating patients. Additionally, many providers are unaware that they’ve made mistakes until the consequences of those mistakes become plainly apparent. You may have been told that your child’s physical harm was unavoidable. Don’t rest on this information. Don’t make any assumptions until you’ve spoken with a lawyer.

Why Explore Your Legal Options Now?

Birth injuries often require a great deal of follow-up care. If the harm that your baby suffered was neurological or affected their spine, you could be looking at a lifetime of costs related to this single moment in time. As a new parent, who had no control over what your baby’s care team did or didn’t do, you should not be burdened by costs that should rightfully be paid for by those responsible for your child’s harm. If you’re not sure of whether your care team should be held accountable for this harm, connect with an attorney who has extensive experience with birth injury cases and knows how to uncover the truth.

It’s also important to note that if you’re offered a settlement, you shouldn’t sign anything until an attorney has reviewed the terms you’ve been offered. By signing a settlement, you’ll likely bar yourself from pursuing additional compensation. While this may be the best option available if the settlement has been fairly valued, signing one that isn’t fairly valued could impact your finances for life. Speak with an attorney before signing a single page.

Contracts Lawyer

In the modern world, oral contracts, except for very small transactions, have mostly fallen out of favor due to a principle in contract law known as the “Statute of Frauds.” This principle has its origins in seventeenth century England. In 1677, The Parliament of England passed an Act titled “An Act for Prevention of Frauds and Perjuries”, which required certain types of contracts to be in writing in order to be enforceable. After the passage of this Act, English law required contracts for certain large financial transactions to be in writing, and would not enforce purely oral contracts for large transactions. 

The intent behind this law was to prevent people from deceitful practices in which a plaintiff would claim that a contract existed, or that terms in a contract existed, despite the other party never agreeing to the terms that are alleged by the plaintiff. However, this law also made another form of deceit easier, a defendant claiming that no contract exists, or that certain terms to a contract don’t exist, because they were never written down. 

In the United States, the principle of requiring certain contracts to be memorialized in writing is called the statute of frauds, in reference to the law passed by the English Parliament in 1677. Many U.S. states will not enforce a purely oral contract for some large transactions and therefore in many states it is required to memorialize such contracts in writing.

As a contracts lawyer from Mughal Law Firm PLLC explains, not all states have a statute of frauds. However, some common types of contracts for which a statute of frauds would apply are contracts that cannot be performed within one year, contracts involving the sale of goods over $500 dollars, or contracts that involve the sale of land.

There are many benefits to having a written contract over a purely oral contract, or in having an oral contract memorialized in writing. Taking the time to read over terms on paper can give a party breathing room to back out of a bad offer, and having terms preserved on paper can be very useful in case of a future dispute. If you have agreed to an oral contract with someone, it is important that you consult with a contract attorney to see if the contract you agreed to needs to be memorialized in writing. You may need to contact an experienced contract attorney in your area to determine whether your oral contract needs to be memorialized in writing. 

Can You Still Use A Car Seat After A Crash?

The aftermath of a car accident can be very expensive. If you’ve recently suffered the trauma of a car wreck, you understand this reality all too well. Depending on the circumstances of your crash, you may be dealing with property damage, medical bills, lost wages incurred because you had to take time off of work to recover, and on and on and on. If you had a car seat located anywhere in your car at the time of your crash, you may also be compelled to deal with its replacement cost.

The issue of whether you can still use a car seat after an auto accident is not terribly straightforward. There are governmental regulations and manufacturer recommendations to consider. Additionally, the issue of whether you must pay for a replacement – in the event that the car seat in question can no longer be used safely – largely depends upon whether an insurance settlement will cover the cost of the replacement.

How Bad Was Your Crash?

As an experienced Vero Beach, FL car accident lawyer – including those who practice at Tuttle Law, P.A. – can confirm, there are different ways that auto accidents are classified. For the purposes of car seat replacement questions, there are minor, moderate, and serious accidents. Generally speaking, minor accidents are crashes that don’t result in any injuries, don’t cause visible damage to the car seat in possible need of replacement, don’t result in the deployment of an air bag, and don’t cause more than $500 to $1,000 in property damage.

In the event of a minor accident, government guidance doesn’t insist upon the replacement of any car seats that were in an affected vehicle at the time of impact. Instead, the government refers accident victims to the manufacturer of the car seat in question. Some manufacturers recommend replacing a car seat after a minor accident and some don’t.

The government and car seat manufacturers agree that car seats should be replaced in the event of a moderate or severe accident, though. If your crash caused injuries or a lot of property damage, you or your insurance will likely need to pay for the cost of a car seat replacement.

Seeking Guidance

You may be feeling overwhelmed about this issue and that’s completely understandable. On the one hand, it’s an inanimate object that isn’t horrifically expensive to replace. On the other hand, it’s just one more consequential thing that you have to research and deal with when you’re already probably feeling anxious and frustrated due to the trauma of your accident. Understand that it’s not only okay to ask for help, doing so is probably a good idea.

Consider speaking with an attorney about your car seat concerns, insurance settlement matters, and the possibility of filing a lawsuit. Most personal injury attorneys who handle car accident cases offer free consultations. When speaking with a lawyer, you may learn that you’re in a strong position to be awarded compensation as a result of the harm you’ve suffered.

Pedestrian Accident Lawyer

When you set foot on or next to a public roadway, you become a pedestrian. As a pedestrian accident lawyer area residents trust from Davis, Johnson & Kallal | Wyoming Law explains, whether you are out for a walk to get some fresh air, walking to work, or to meet a friend at a nearby cafe, pedestrian safety is of utmost importance. In 2019, more about 19% of all US traffic deaths were pedestrians. Let’s face it, pedestrians are especially vulnerable against motor vehicles. 

By keeping these tips in mind next time you are out on foot, you can help avoid being involved in an accident.

Always use sidewalks when they are available.

Sidewalks are designed to help facilitate safe travel for foot and pedestrian traffic. Many sidewalks are elevated, with a curb. The curb may prevent wayward motor vehicle traffic from reaching the sidewalk, or reduce their speed significantly. Sidewalks are the safest option for foot travel.

If sidewalks are unavailable, walk facing traffic.

Many roads will not have sidewalks. If this is the case along your route, try to walk facing oncoming traffic, and create as much space between yourself and traffic as possible. By walking towards traffic, you will be able to see cars that are heading for you and have more time to react accordingly.

Obey traffic rules and pedestrian road signs and signals.

Pedestrian safety is both the responsibility of motorists and pedestrians. As a pedestrian, you must obey traffic signs and signals to the best of your abilities. You can use signs and traffic signals to inform your movements in a way that is safe for everyone. 

Cross roads safely using crosswalks and signals.

Crosswalks are designed to help pedestrians cross roads in a safe manner. Generally, the safest path you can take is one that has crosswalks. If available, utilize the lighted pedestrian signals to inform your next move. But keep in mind, even if the sign says it is okay to walk, you should still look to ensure it is safe to cross. Some drivers will inevitably break rules and it is up to you as a pedestrian to remember this.

Crossing without crosswalks.

A time will come when a crosswalk is not available. That is okay, but you must use particular caution, especially if visibility is limited. Move to a section of the road where you have optimal visibility of oncoming traffic, and when it is clear, make your crossing as quickly as possible.

Look left, look right, look once, look twice, as many times as possible.

This fundamental concept of pedestrian safety should not be overlooked. Always look left, look right, look forward, look behind. The earlier you can visually identify potential hazards, the more time you will have to react. 

Focus on the task of safety.

Avoid distractions such as your smartphone or headphones while traveling as a pedestrian. Headphones will only decrease your ability to hear potential threats as you travel down the road. It pays to take every measure possible to ensure you are using all of your senses to stay safe.

Avoid walking while under the influence of alcohol or drugs.

Drugs and alcohol can decrease your reaction time, balance, and perception of time and space. As a pedestrian it is best practice to be in a clear and sound state of mind to be able to react quickly if needed.

Be visible.

Lights, light colored clothing, and reflective clothing, will help motorists be able to see you sooner, especially during the night. It also helps to make eye contact with drivers. A simple hand gesture can tell drivers that you see them and that they see you.  

Be aware of vehicles that are turning, or entering and exiting.

Blind driveways, entrances, and exits to homes and businesses can be particularly hazardous for pedestrians. You must be aware of vehicles that are turning into or exiting them when crossing. Look all around, and then quickly proceed with caution.

Slip and Fall Accident Lawyer

When most people go out, they probably don’t think that they’re going to have a slip and fall accident. However, these accidents can occur just about anywhere and can result in head injuries, broken bones and other serious injuries. If the accident occurred due to the property owner’s negligence, the owner may be held liable.

Here are the most common places where slip and fall accidents occur.

Grocery Stores

When many people think about slip and fall accidents, they likely imagine milk and juice spills at grocery stores. It’s true that many slip and fall accidents occur in grocery stores. If someone spills a liquid item and it doesn’t get cleaned up right away, customers can slip on it and get hurt.

Icy Sidewalks

When temperatures fall below freezing in Denver, snow and ice can accumulate on sidewalks, making them extra slippery. Property owners are responsible for putting salt on icy sidewalks to prevent people from slipping and falling. If they fail to do this and someone suffers a slip and fall accident, the property owner may be held liable.

Nursing Homes

Due to various health conditions, like arthritis or vision loss, elderly people have a higher risk of falling than their younger counterparts. Therefore, slip and fall accidents occur often in nursing homes. Senior citizens are also likely to suffer more serious injuries in these accidents. That’s why nursing home staff members must carefully watch residents and minimize hazards.

Swimming Pools

Many people enjoy hanging out by the swimming on a hot, summer day. However, swimming pools are one of the most common places for slip and fall accidents. When people step out of a pool, they naturally bring some of the water out with them. Unfortunately, this can make the ground slippery and increase the risk of slip and fall accidents.

Workplace

Slip and fall accidents can occur in many different work settings, from factories to offices. Liquid spills, torn carpeting, poor lighting and clutter on the floor can all increase the risk of these accidents in the workplace. In most cases, you can file for workers’ compensation for your accident.

Parking Lots

People can also get into slip and fall accidents when they’re walking to their car. Parking lots of grocery stores, restaurants and other businesses are another common location for slip and fall accidents. If there are pot holes, for example, people can easily trip over them and get hurt.

What to Do After a Slip and Fall Accident

If you have been hurt in a slip and fall accident, your first priority should be to get medical attention. A doctor can assess your injuries and recommend the appropriate treatment. The sooner you address your injuries, the more likely you are to make a full recovery.

If the slip and fall accident occurred due to someone else’s negligence, contact a slip and fall accident lawyer, like one from The Law Offices of Cliff Enten, to discuss your case.