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September 13, 2020 by

How Do Motorcycle Accident Injuries Differ from Enclosed Vehicle Wrecks?

There is little doubt that motorcycles offer thrills and excitement for you as a rider, but they may also present an element of danger in the event of a crash. No matter the brand or style of bike you ride, being struck by any enclosed, larger vehicle can result in serious injuries. However, unlike the driver or passenger of a car or large truck, your injuries may have a greater chance of causing lifelong impairments.

More Severe Head Trauma 

While a motorcycle helmet may protect you to some degree in a crash, there may be an increased risk for severe head trauma because of contact with the road or a stationary object upon impact. Unlike riding in a vehicle, there are no safety belts or airbags to protect you during an accident and other factors may increase this risk, including:

  • High speeds 
  • The force of impact 
  • The size of the vehicle 

Depending on the circumstances of the accident, your head trauma may cause permanent disability, such as speech problems and reduced cognitive ability.

Increased Chance of Ejection

When a car crash occurs, those not wearing seatbelts may be ejected from the vehicle and into the roadway. As a motorcycle rider, you run a greater risk of being ejected off your bike during an accident because there is little to prevent this from happening. Ejections at high speeds could result in serious falls or launch your forward onto the road at the same speed you were traveling. This may cause broken bones and serious skin and muscle trauma.

Fractured Legs 

When a vehicle strikes your motorcycle, the resulting contact may cause you to lose your balance very suddenly. As you fall over to one side, the weight of the bike may cause a leg fracture, especially if the fall occurs at a high rate of speed. Leg fractures might also occur if you try to break or prevent your fall by extending one leg outward.

Increased Blunt Force Trauma 

Many of today’s newer cars were designed with safety in mind, which may protect drivers and passengers in case of a crash. The risk for this injury is typically higher for you as a motorcyclist, as contact with other vehicles, the road or highway railings can cause internal injuries that may not be apparent right away.

Being involved in a motorcycle accident can cause serious injuries that you might not suffer while operating a car or other enclosed vehicle, but there is help available. 

If you have questions about a car accident case, contact an auto accident lawyer, like Barry P. Goldberg, for a consultation.

Filed Under: Uncategorized

August 28, 2020 by

Nursing Home Injuries

As we get older, our bodies unfortunately start to shut down and are not as strong as they once were when you were young. You are more likely to catch a sickness, break bones, you even bruise easier.  Unfortunately, some elderly people get to the point where they need twenty four hour supervision to make sure they are staying healthy and not hurting themselves in some way. That is the very reason nursing homes exist. They provide the care and attention for our loved ones when someone might not be able to provide the constant care themselves.  We like to think that nursing homes are a safe place for someone to live, however that is not always the case. Unfortunately elderly people can still become injured due to the negligence of the nursing home or one of the care-takers that work there. Injuries that occur in nursing home abuse, they may leave seniors traumatized, permanently disabled, or worse.

Some of the most common injuries found within a nursing home can be bedrail injuries, broken bones, falling, spinal injuries, bed sores, concussions, and infections. There is the possibility that some of these injuries can be single, isolated accidents that are not able to be prevented. However, nursing home staff members can ruin a resident’s health and well-being simply by neglecting the resident’s needs over a period of time or by purposely assaulting them.Staff members who abuse or neglect residents are doing the exact opposite of what their job entrusts them to do and what they are responsible for: help elderly residents live out the remainder of their lives comfortably and with dignity. Any staff members of nursing homes that are caught doing these malicious acts should be held responsible for their actions. A very common injury in nursing homes is from bed rails. Bed rails are used in nursing homes to prevent someone from falling out of bed and injuring themselves. However, bed rails can actually play a big role in someone becoming injured and can put a resident using them in great danger if they malfunction. For example, someone can get stuck between the bedrail and the mattress. This can cause breathing problems, suffocation, or even the possibility of cardiac arrest. If someone tries to get out of bed, it can also cause a problem if they need to climb over them and risk falling. Residents with bed rails tend to need extra supervision to ensure that they are being used properly and the resident does not get injured from them.

Unfortunately, there are also bad things that go on within nursing homes such as elder abuse. This occurs when a nursing home staff member intentionally harms one of the residents. For example hitting someone if they are not listening. This can cause someone to fall down and become bruised or even break a bone. There are also cases of neglect that happen. This is a long-term failure to address the residents’ health issues, causing them to develop long-term injury or even death over a period of time. It is unfortunate that there are some staff members that are negligent and ignore residents health issues or do not treat them properly.

If you or a loved one has been injured in a nursing home, let a nursing home abuse lawyer Kansas City, MO trusts, such as from Royce Injury Attorneys, represent you for your case. Contact a law firm today.

Filed Under: Uncategorized

August 18, 2020 by

How Do You File a Divorce Petition?

Personal Injury Lawyer

To file for divorce is a major decision. Once you’ve chosen to dissolve the marriage, it is time to start the process. The amount of stress that most people are under during the filing process can make the whole situation even more difficult. What paperwork do you need to keep track of? How do you file a petition with the court? Divorce can feel overwhelming. Here are a few tips to remember when filing for divorce.

Organization Is Important

If you plan to divorce your spouse, organization has to be a top priority. Documents that you need to gather include mortgages, financial records, vehicle titles and more. It helps to have all of these documents readily available before you file for divorce. If you have shared copies with your spouse, then you need to make extra copies so that you can present your documents to your attorney. Do this before you file for divorce because some spouses may attempt to stop you from accessing the documents if you haven’t already. Organization can help to streamline the process.

Attorneys Help With the Process

An attorney offers an invaluable service when you are going through a divorce. As someone new to the divorce process, you probably aren’t aware of all of the different rules that may apply to you. Each state has its own set of laws. These laws can differ in terms of:

  • Filing fees
  • Child custody laws
  • Waiting periods
  • Property distribution laws

Additionally, how you file for divorce may change from state to state. An attorney will be able to discuss the rules with you and help ensure that you stay within the realm of the law throughout your divorce.

Divorce Requires the Correct Forms

If you have an attorney, he or she can help make sure that you file the correct forms. If you are on your own, you can usually access the court’s website to download and fill out the forms. There are different forms of people in different situations. For instance, forms for a couple who have kids and own a house together will be different than couples who do not own any property at all.

Going through a divorce is an emotionally taxing event. If you have an attorney by your side, it can take some of the stress off you.

Filed Under: Uncategorized Tagged With: personal injury lawyer

August 16, 2020 by

Options for Paying Medical Expenses After a Car Accident

Car Accident Lawyer

If a car accident in which you sustain an injury was the fault of another party, you may not need health insurance to cover your medical expenses. You may be able to recover damages from the other party or his or her insurance company. The damages reimburse you for your medical bills and any other losses that you sustained as a result of the injury. There are pros and cons regardless of whether you use health insurance to pay your medical bills or wait to recover damages. Here is an overview of both options.

Using Health Insurance To Pay Medical Expenses

The advantage of using health insurance to pay medical expenses after a car accident is it helps to protect your credit because your provider will not report unpaid bills to a collection agency. The downside is that if you do recover damages from your personal injury case, you will then have to reimburse your health insurer for the medical bills it paid on your behalf.

Not everyone has health insurance coverage, so this is not an option for everyone. Also, there are new consumer protections in place to protect your credit from negative effects of medical debt, so paying off medical bills right away may not be as urgent as it was in the past. It may actually be to your advantage to put off paying medical bills and prioritize other debts following your accident.

Waiting for a Personal Injury Award or Settlement

If you anticipate receiving an award or settlement from your personal injury case you can either put off paying your medical bills or pay what you can out of your own pocket. It is unlikely that you will be able to pay all your medical bills before you receive a settlement, but there may be ways that you can defer payment until you receive what you expect.

If you do not use health insurance to cover your medical bills from you injury, you do not need to reimburse your insurer when you get your award or settlement. However, resolving a personal injury case can take a long time, and if your case goes to trial, there is no guarantee that the court will decide the case in your favor, meaning that you could end up recovering nothing. Nevertheless, chances are very good that your case will settle out of court without ever going to trial, which means that you should eventually recover something.

If you are not sure what to do about your medical bills after a car accident, contact a law office. A car accident lawyer, like from The Law Firm of Frederick J. Brynn, P.C., can help you determine what your options are.

Filed Under: Uncategorized Tagged With: Car Accident Lawyer

August 16, 2020 by

What to Do If You’re Hurt in a Car Accident

Car Accident Lawyer

Car accidents happen every day across the U.S., and understanding what to do if you’re in one is essential for all drivers. It’s even more important to know how to react and what steps to take if you get injured in a crash. Here is everything you should do after an accident to make sure you can make a successful claim with insurance.

Check for Injuries

After nerves have settled, check to see if anyone is injured. If someone needs emergency services, call 911 immediately. If you have been injured, seek medical attention shortly after the accident. Never wait more than 72 hours after the accident to see a doctor. The later you go, the harder it will be to link the accident to your injury with a doctor’s report.

Call Police

Even if the accident seems minor, you should always call the police. Some states need a police report from the scene of the accident to confirm an insurance claim. You may not realize you are injured directly after the accident, so you should get a police report for your records should you need to file a claim in the future.

Exchange Information 

Get important information from the other driver involved in the accident. This includes their insurance information and how to contact them. Never admit guilt to the other driver or in your statement to police. Only relay the facts.

Take Photos of the Scene

You should collect as much proof as possible from the accident scene, so take pictures of any damage with your phone. Take photos of injuries as well.

Get Witness Statements

If anyone saw the accident happen, speak to them and get their statements. These can be essential in proving who was negligent and who caused the accident. The only way you can get compensation from the other driver’s insurance is proving that they were responsible.

Contact Your Insurance

Inform your insurance agency that the accident has occurred, regardless of who was at fault. Certain states have laws on how long you have to file a claim, and your insurance can tell you the specifics. You can also ask about your policy and what is covered.

Make an Appointment With a Lawyer

If you have any questions or concerns about your case, consider contacting a car accident lawyer, like from David & Philpot, PL. They’ll have a good understanding of your state’s laws and how negligence affects your case. You don’t have to tackle challenging legal avenues alone.

Filed Under: Uncategorized Tagged With: Car Accident Lawyer

August 15, 2020 by

Different Types of Cases

Personal Injury Lawyer

Everyone needs an attorney for different reasons; therefore, special attorneys are available for many different instances. When someone is facing a civil case, they may be in need of an attorney. It is important to understand what type of attorney you need and why. Typically, a civil litigation attorney focuses on cases between a victim or plaintiff and another party. There are cases a civil litigation attorney would usually handle. Here are a few examples so that you can understand what type of attorney you need and what they can assist you to obtain.

Personal Injury Attorneys

When you suffer an injury to your body due to the negligence of another individual, this is personal injury. This may come about in a motor vehicle accident, medical malpractice, an on the job injury, or even battery. These case types are quite common, so it should be a breeze finding a lawyer, like a personal injury lawyer in Atlanta, GA from the law office of Andrew R. Lynch, P.C., to assist with one of these unfortunate events.

Employment Attorneys

Any work-related incident may require an employment attorney should another party be involved. There may be an instance where an individual may be relieved of their duties on the job and want to pursue a claim against their employer for maybe wrongful termination. This is where you will need to contact an employment attorney.

Business Attorneys

Any issue stemming from a business may require a business attorney. Maybe you were billed for a service that was never rendered or maybe a business partner reneged on their end of the business deal. For either example, you could potentially need a business attorney to help you resolve the matter.

Landlord/Tenant Attorney. 

There are contracts that bind landlords and tenants to an agreement. In many cases, if the contract is not honored, a third party may need to be involved to mitigate the situation. This may involve past due balances, or even evictions. 

Civil Cases

An attorney is very handy in civil cases because they are experienced in the law and will be able to help you navigate through your civil battles. No matter what the legal matter is, even if you ultimately do not hire an attorney, it is wise to speak with a skilled attorney in the necessary area to ask all of your questions and receive insight about what your legal options are and what your next course of action should be. Should you or someone you know have a civil matter, speak with a civil litigation attorney as soon as possible.

Filed Under: Uncategorized Tagged With: personal injury lawyer

August 15, 2020 by

Filing a Claim for Damages and Injuries after a Car Accident

Filing a claim for damages and injuries after a car accident can be incredibly easy or spectacularly complicated. Many factors play into how much you receive in a claim, who you make a claim with and who was at fault for the accident. Understanding the basics of these questions and how they may affect you personally is the best way to get on the path toward successful compensation. Here are some questions you might want the answers to during your claims process.

Can Your Bills Get Paid If You Were Partially at Fault?

If you were partially at fault for the accident, don’t worry just yet. If you live in a state that has a form of comparative negligence, you can still get compensated for some of your damages. One version of this form of negligence allows you to get compensated based on the percent you are responsible for causing the accident. The other dictates that you must be less than 50% responsible for the accident to make a claim. Check your state laws to see what applies.

How Long Do You Have to File a Claim?

Every state has a different statute of limitations for claims, but you have on average two years to file a claim. You should never wait to file a claim until the last minute, as complications could arise that you’ll want time to deal with before the deadline. The clock starts from the moment the accident happens, and if you miss the deadline, you might not be able to make a claim at all.

Do You Need a Lawyer?

The decision to hire a car accident lawyer, comes down to personal discretion. If you feel overwhelmed or confused by the legalities of your claim, contacting one might be in your best interest. If you feel that your claim is straightforward and you don’t run into any obstacles along the way, then you’re probably fine without a lawyer’s aid. The good news is that lawyers are paid by a contingency fee, which they don’t receive unless they successfully get you compensation.

What Evidence Should You Collect?

After checking if anyone needs emergency aid, get the contact and insurance information from the other driver involved in the crash. Give them your information, too. Take photos of the accident and give your statement to police (but do not admit guilt, just relay the facts as you remember them). Get contact information from witnesses if possible. All of this evidence can help prove who was at fault for the accident, which may determine how much money you receive.

Filed Under: Uncategorized

August 2, 2020 by

How to Safely Handle an Uber Accident

Car Accident Lawyer

Uber is a convenient way to get around, but accidents happen. If you’re in an accident with an Uber driver, whether you’re a passenger or another driver, it may seem like a more complicated situation. The good news is you handle an Uber accident almost the same way you would handle any other accident.

Call the Local Authorities

Whether or not there are injuries, you should contact the local authorities. This will get a police officer to the scene of the accident to assess what happened. The police report can aid in determining fault when it comes time to make that determination.

Contacting the local authorities is also going to get a paramedic to the scene to take care of any injuries. Even if you feel you haven’t sustained injuries, you should have the paramedic assess your health to be sure you’re OK.

Get Medical Help

If you do have injuries, you should go to the hospital for immediate care. There’s a chance you have internal injuries that you can’t see or feel yet, but a doctor can discover those and start to treat them. If the ER doctor recommends it, follow up with your primary care doctor. Take any medication and complete any additional care required for your health.

Collect Information

There is some important information you should collect at the scene of the Uber accident you’re in. Take pictures of the cars involved, as well as the injuries you sustain. You could also take pictures of the scene and the circumstances that may have led up to the accident. You should also get the contact information of any drivers involved in your accident, which includes the Uber driver. Witness contact information will also be helpful for your case. If you fail to collect this information, you can often find it in the police report.

Contact Uber

If the Uber driver was actively transporting a passenger when he or she caused the accident, you may have coverage from Uber’s insurance policy. If the driver did not have a passenger, there could still be limited coverage. Even if the driver wasn’t on duty, it may be helpful for future riders if you report him or her to the Uber company.

Call Your Lawyer

When you are in an accident with an Uber driver, you should be given the compensation you deserve. After you’ve taken care of the immediate issues — including medical care — contact a lawyer, like a car accident lawyer in Indianapolis, IN from Ward & Ward Law Firm, today.

Filed Under: Uncategorized Tagged With: Car Accident Lawyer

July 29, 2020 by

Debt Collection Efforts Can Quickly Turn into Harassment

Personal Injury Lawyer

While debt collectors can contact consumers regarding money owed, they are not permitted to violate rights or break laws in order to do so. Sometimes a debt collector may take their efforts too far and end up harassing people with incessant and unprofessional reminders of payments due. Not only that, but debt collectors may utilize robocalls as means of communication. Consumers may not realize they have rights which are supposed to protect them from such treatment from debt collectors. 

Here, we have answered a series of questions that consumers may eventually ask themselves after becoming so fed up with the frequent pestering:

What is the definition of a robocall?

A robocall is defined as an automated phone call or pre-recorded voice message that is sent on behalf of a telemarketer, debt collector, political party, charity organization, bank, healthcare provider, educational facility, or other institution. Robocalls can be a useful tool when used appropriately. For example, a consumer may find they are thankful to receive a robocall when it comes to a prescription reminder, an upcoming appointment, a fraud alert for their account, or class cancellation.

Why have debt collection calls become so bothersome? 

Most people have awareness about when they are behind on certain monetary obligations, so the constant phone call reminders are probably not necessary. Additionally, debt collectors may not even hire real people to do the calling, so a back and forth conversation cannot be had. Instead, they may have set up an autodialer system that stores numbers and sends out messages through robocalls on a regular interval. Perhaps a call from a real person every month or so would be tolerable for consumers, but the unrelenting daily robocalls can be undeniably illegal.

Why isn’t my creditor calling me? Why have they turned to a debt collector?

It is possible that once a consumer is behind on payments, a creditor may request that a debt collection agency pursues payment for them. The methods debt collectors may use can be unethical, and border on harassment. What the creditor and debt collection agency may have failed to see, is that annoying robocalls may motivate the consumer to push back instead of making a payment. Trying to recover money by harassing consumers may not be successful.

How do I know whether my debt collector is violating consumer rights?

Debt collectors may do everything within their power to get payment from consumers, perhaps without much regard for whether the tactic is legal or not. If you are impacted by any of the following harassing behavior by a debt collector, you may want to talk with a lawyer,  for protection: 

  • Receiving calls before 8 a.m. or after 9 p.m. 
  • Threatening that you will be arrested if you do not pay your credit card bill, loan, or other debt obligation
  • Contacting your family, friends, workplace, or other third party about the money you owe the creditor
  • Sending robocalls to your cell, home, or work line despite requests not to (both verbally and in writing)
  • Refusing to validate the debt despite requests from the consumer

Contact an attorney today to have an advocate on your behalf. 

Filed Under: Uncategorized Tagged With: personal injury lawyer

July 28, 2020 by

The Importance of Filing a Lawsuit on Time

Car Accident Attorney

After a car accident, people sometimes wait to file a claim because they aren’t sure that their injuries are severe enough. If you suffered any damages at the hands of a negligent driver, then you may be owed compensation for it. Here is why you do not want to wait to file a car accident lawsuit.

Witnesses May Forget

The longer you wait to file a lawsuit, the weaker that your case may become. Over time, people forget what happened. If you had witnesses that you plan to use for your defense, they may have forgotten the important details of the accident by the time that you file your lawsuit. The sooner that you file, the more accurate your information will be.

The Statute of Limitations May Prevent You

Every state has its statute of limitations. This is a time limit on how long you have to file a civil lawsuit against the insurance company or driver of the vehicle. After a car accident, most courts encourage that you file a claim as soon as possible. Not only is this important when it comes to civil litigation, but some insurance companies have policies that will not pay if you don’t file a complaint in a specified amount of time.

The statute of limitations varies from state to state. In many states you have between one and three years to file a lawsuit. If you were in an accident, it’s important to discuss your options with a lawyer as soon as possible. He or she can ensure that you do not miss the window in which you can file a claim.

The Defense May Use it Against You

The longer you wait, the more likely the insurance company or other driver’s defense will try to use the wait time against you. They may try to poke holes in your story by pointing out how long it took you to file a lawsuit claim. While you may have had valid reasons not to file a lawsuit, it is still an obstacle that you will have to get through.

After a car accident, you deserve compensation. If you suffered injuries due to a negligent driver, consult with an attorney, like a car accident attorney from The Law Offices of Arcadier, Biggie, & Wood, as soon as possible. He or she can make sure that you receive the settlement that you deserve and can also ensure that you file everything on time.

Filed Under: Uncategorized Tagged With: Car Accident Attorney

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