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July 27, 2020 by

Why You Should See a Doctor After Your Car Accident

The aftermath of a car accident can be widespread and devastating to all those involved. Between filing a claim and contacting your insurance, there may seem to be little time to see a doctor right away. Yet that’s exactly what you should do. Failing to receive a doctor’s report can have major repercussions on your claim when it comes to receiving compensation for injuries. These are reasons you should see a doctor sooner rather than later.

A Doctor Confirms Your Injuries

A doctor is essential in proving that your injuries occurred during the accident. Without a doctor’s report that confirms your injuries, an insurance company can claim your injuries didn’t happen during the accident. This gives them an excuse not to pay your medical bills and other injury-related costs.

Too Much Time Poorly Affects Your Claim

Ideally, you should see a doctor no later than 72 hours after the accident. If you are seriously injured, you’ll likely go to the emergency room, but you should still make a follow-up checkup after that. If you don’t think you are injured, see a doctor anyway. The longer you wait, the greater chances the insurance company has of saying your injuries weren’t caused by the accident.

If you have personal injury protection, you have two weeks to seek medical attention after the accident. That insurance coverage can keep you financially afloat while you wait for compensation from the other driver’s insurance, so don’t hesitate to go.

You May Have Future Injuries

Not all injuries first appear right after the accident. Some can take several weeks to emerge, and you’ll want to know if there’s a chance of that happening. If a doctor suggests you return for a follow-up appointment, don’t skip it. You could be facing major medical bills down the road and you want to increase your odds at having the costs covered in the claim.

If you’re ever uncertain about what to do following the accident, call your insurance agent to get a clear list of steps. You can also contact a lawyer for advice on how to proceed. An experienced car accident lawyer in Indianapolis, IN, like from Ward & Ward Law Firm, has seen clients lose out on valuable money because they waited too long to see a doctor. If you’re in doubt, talk to one to see if you’re making the right decision. If you don’t want to contact a lawyer yet, at least get one medical checkup so that all your bases are covered.

Filed Under: Uncategorized

July 21, 2020 by

DUI With a Gun in the Car: What You Should Know

Auto Accident Attorney

Being charged with a DUI is stressful enough. Unfortunately, this situation can be even worse if you are also charged with possessing a firearm while intoxicated.

If you were stopped for DWAI or DUI involving drugs or alcohol and you had a gun in your car at the time, you were also probably charged with possessing a weapon while intoxicated, which is sometimes listed as “prohibited use of weapons” on charging documents. This is a Class 2 misdemeanor in Colorado, which carries a sentence ranging from three months to 364 days in jail and a fine of between $250 to $1,000.

Whether your gun was loaded or not technically makes no difference in the eyes of the law. However, where the gun was in relation to you and whether it was loaded or not are factors the prosecutor may weigh when they are assessing the potential charges against you.

When you are charged with prohibited use of weapons along with a DUI, the prosecutor has to prove specific “elements” of your crime. The first element is possession; the prosecutor must be able to show that you did, in fact, possess the gun. This is an element that your criminal lawyer, like a DUI lawyer from Richard J. Banta, P.C., can really challenge. Many times, issues with the possession part of the prosecution’s case against you stem from where your gun was found.

A firearm can be found in many places in a car. It could be in a locked box in your truck’s cab, in the center console of your car, in the backseat, in your glovebox or even in the side pocket of your door. Just simply having the gun in your car when you’re stopped for DUI doesn’t automatically satisfy the “possession” element for the prosecution. It will fall on them to prove you really did have possession of the gun, legally speaking, when you were stopped.

The second element is a little more complex. Your case’s prosecutor has to show that you were under the influence or a controlled substance or liquor when you were stopped. In the actual “prohibited use of weapons” law in Colorado, there is no breath or blood alcohol level stated that automatically establishes this element.

A skilled criminal lawyer has many ways to defend you against a firearm charge related to DUI. They can, for example, argue that you were not intoxicated at the time, so the case is missing this element. They can also argue your stop was illegal to begin with or that the gun was found during an illegal search by law enforcement. As noted above, many defense attorneys aggressively pursue the possession element of the law because it’s not always easy for the prosecutor to argue that you did, in fact, have possession of the gun at the time.

Don’t wait for your DUI-related firearm charge to simply go away. You could be facing jail time and fines, and you’ll have a record that will follow you for the rest of your life if you are convicted. Contact an auto accident attorney for help immediately.

Filed Under: Uncategorized Tagged With: Car Accident Attorney

July 14, 2020 by

What not to do if arrested

Personal Injury Lawyer

When you or someone you know is arrested, there may be many things that cross your mind. Hoping that you are able to return home sooner than later. There can be several thoughts all the time, and not all thoughts create the right actions. So, it is important to understand how to handle being arrested and what not to do if you are arrested. Doing as you are told by law enforcement, but you should also understand your rights and what the law enforcement officer is not able to do.

Do not try to plead your case. This means do not prove your innocence or guilt. It is the police officers’ job to prove that you are in the commission of a crime, have been, or will be. By trying to plead your case, this may cause some sort of frustration and lead to other infractions and issues. Hire a lawyer, the lawyer will do all the pleading for you. Do not make things worse for yourself. During an arrest, remain calm, and quiet. Do as you are told and leave the talking to a bare minimum.

Obviously, do not run. If you are on foot or in a vehicle, comply with the officer. Running away may lead law enforcement to believe there are other illegal activities taking place and could be so dangerous that you may become injured.

Do not just comply to a search because they asked. If there is no search warrant, remember it is your right to refuse a search. This is, of course, unless the officer has probable cause. Remember that it is illegal for officers to conduct a search one of the three: permission, a search warrant, or probable cause.

Maintain your innocence as much as possible. There is no way this can be used to harm you when you do. Be mindful that criminal defense attorney’s offer free consultations so once you arrive at the jail, call a criminal defense attorney. They will be able to discuss your legal rights with you and let you know possible outcomes of your case should charges be filed against you. Even in the event that you did not do the best maintaining order and respect during the process of your arrest you have a right to an attorney. Should you or your loved one be a victim of an arrest, contact a criminal lawyer, such as from The Lynch Law Group, to discuss your legal options in the matter.

Filed Under: Uncategorized Tagged With: personal injury lawyer

July 13, 2020 by

How to talk About Diversity at Work

Workers Compensation Lawyer

In America today I believe it is very important for employers to make a change, they have to be open to new dialog and they have to be willing to talk about difficult subjects with their employees.  Diversity is defined by WHO sits at the table and inclusion is which voices get heard.  Diversity has become a top priority at the individual, corporate, and national scale.  Several reports have shown several trends around implicit bias in the workplace.  

Turning a blind eye to individual differences is no longer acceptable if companies truly want to make a change or a profit, for that matter.  According to Times magazine, “today’s buyer doesn’t just buy into your product, they also buy the ideals and values of your company.”  In the last 3 months I have had several conversations with HR professionals and the going statement but said in different ways is building company values and the future often falls on you—but how can we change a systemic problem?  Do you believe this is a systemic problem or a heart problem?

Most business owners find it hard to have challenging productive conversations around such sensitive topics, but short term discomfort is necessary for long term change.  Here are three ways to encourage an open dialogue around diversity in your own organization.  

We must first start with teaching self-awareness.  If you are like me and work in the service industry, you encounter different people on different levels every day.  I am always trying to think of ways to better serve others within my specific industry.  Cultural competency training is typically given in a quiz type format. When I first started thinking about cultural competency training,  the first thing that came to mind was we need to begin by learning about ourselves before we can help others.  You have to have a clear understanding of your own biases, triggers, and experiences to really serve each person you encounter throughout your business day.  

Second, and one very important factor to truly have an open mind to diversity is to be vulnerable.  A culture where leaders are open to learning from their direct reports/ co-workers helps to create comfort within your particular environment.  Maybe you learn the most from your employees by having weekly meetings.  If so, get all your employees involved in the meetings.  By doing this, you are allowing others within the company to learn about their coworkers.  It is important to raise awareness about experiences that differ from our own.  We are all impacted differently by current events.  It is important to build a safe space for employees to open up and express themselves without feeling judged or frowned upon.  

Lastly, act as an Ally.  While reading the Diversity Report, data reveals a pattern of managers hiring employees in their likeness, commonly referred to as the similar-to-me bias.  It is natural to trust people who are like you, as you automatically connect with their experiences, but even if it’s unintentional we have to be conscious and proactive about embracing different voices.  We may not always understand the experiences of others but we should act as allies to support them.  To act as an ally we have a responsibility to speak up for people who can’t and also know when to just be quiet and listen.  Emotional intelligence is critical for success.  

Empowering employees to bring their whole selves to work lays the foundation for better discussions around diversity and inclusion.  We have the power to bring employees out of their comfort zones and encourage meaningful conversations around the parts of ourselves that we tend to bury during work hours.  After all, when an employee is allowed to be themselves there are studies that prove business will grow.  America is ever-changing and it is important to keep up with the changes, make the adjustments where they need to be made, and keeping working towards your goals.  

If you have questions about business law, contact a business law attorney like the ones at Brandy Austin Law Firm, PLLC. 

Filed Under: Uncategorized Tagged With: Workers Compensation Lawyer

July 13, 2020 by

Injuries in Multi-Car Accidents

 Car Accident Lawyer

We often hear about motor vehicle Accidents. At first thought you assumed two vehicles were involved in an accident. But experience has shown multiple vehicles can also be involved in an accident at the same time. The same factors that cause a double Vehicle accident can cause a multiple vehicle accident. The difference here is, because there are so many parties involved that means additional factors are involved as well. Proving who is at fault for what can be extremely difficult. Sometimes it is exceptionally clean but that will not stop an insurance company from saying otherwise.

In most cases one vehicle fails to adhere to their duty of care causing them to suddenly strike another vehicle, and that second vehicle accidentally strikes another. Because of all individuals and factors involved it is best to speak with a personal injury attorney and file an insurance claim as soon as possible. Other parties will try to file a claim and this will eliminate money that may Be due to you. 

Sometimes These cases May last a while because of all of the moving pieces and insurance companies’ refusal to pay out any money due to there being a possibility of placing fault on another party. Laws vary from each state, so it is important to contact a knowledgeable attorney to ensure your rights are not being violated. 

What makes for a better case is an injury. While injury is not what anyone would want, but in a multiple vehicle accident having an injury would show priority. Therefore, after any motor vehicle accident it is best to seek medical attention to ensure no injuries were incurred. 

Multiple vehicle accidents can be incredibly stressful for everyone involved. The most important thing is seeking medical attention for any injuries and then speaking with an attorney about what your rights are. By speaking with a skilled personal injury, you can get a better understanding of how things may play out for you or your loved one. 

You may be one distraction away from being involved in a motor vehicle accident with other vehicles. Your safety is the most important, but some accidents are simply accidents. Should you or someone you know be involved in a multiple vehicle accident and sustained any injuries, speak with a skilled attorney, like a car accident attorney in Atlanta, GA from Andrew R. Lynch, P.C., as soon as possible so that the paper and legwork behind the claim can be handled while you and your loved ones focus on healing. 

Filed Under: Uncategorized Tagged With: Car Accident Lawyer

July 11, 2020 by

Personal Injuries and the Timeline for Filing a Lawsuit

Personal Injury Lawyer

After you’re injured in an accident, you probably don’t want to think about all the legal issues just yet. You’re focused on mentally and physically recovering, and you just want to take care of yourself. While this is understandable, it’s important you realize you may have a limited amount of time to file your lawsuit. As soon as you’re physically and mentally able, or if you can have someone help you while you’re unable to do it yourself, you should get started with your lawsuit.

The Statute of Limitations

Every state has something called the statute of limitations. It’s a time limit for which you have to file any type of lawsuit. For each type of case, there is a different time limit, and they also vary from state to state. This is why it’s important you speak with a lawyer to truly understand how long you have to get your lawsuit filed.

For example, in Missouri, you could have up to ten years to file a medical malpractice lawsuit. If you confuse that with a personal injury lawsuit, you could be in trouble, as Missouri only allows for five years to file for personal injury. If you live in Montana, you only have three years to file your personal injury lawsuit, but your friends just over the border in North Dakota have six years. As you can see, it’s critical you understand the statute of limitations specifically for personal injury in your state.

Extensions of the Statute of Limitations

There are limited situations that extend the time frame you have to file your personal injury lawsuit, regardless of the state in which you live. For example:

  • If your injury resulted in you becoming comatose, you wouldn’t have the conscious knowledge of your injury or the ability to seek compensation. Instead, the statute of limitations would begin after you woke from your coma and a doctor declared you mentally competent to understand what you’re faced with.
  • If your injury occurred while you were a minor, you could have more time to work on a case. Minors cannot bring a lawsuit for personal injury, but as soon as you turn 18, you can begin the process. The statute of limitations would begin on your 18th

Learning More About Personal Injury Timelines

A lawyer could be your biggest advocate when you are injured in an accident. To learn more about personal injury cases and the timelines associated with them, contact your lawyer today. Contact an attorney like a personal injury lawyer, at the law offices of Davis & Brusca, LLC, for more information.

Filed Under: Uncategorized Tagged With: personal injury lawyer

June 29, 2020 by

ACCIDENT CAUSED BY DRUNK DRIVING, INJURIES INCURRED AND WAYS TO HANDLE IT

Car Accident Lawyer

Anyone that has faced auto accident injury will know and understand the gravity of those injuries incurred and the consequences of drunk driving accidents. Those drunk driving accidents are life-threatening, and the injuries that happen in the process sometimes can be life long, traumatizing, depressing, and painful.

One of the most unfortunate sides of drunk driving accidents is that most of the passengers are the ones that are badly injured or killed and not the person who got drunk.

For the families who are coping with the sudden loss of a loved one or the major injury of their loved one, and they trying to patch the broken pieces of their lives together, a proper investigation of the accident area is the first step to handling an accident before every other procedure follow.

The tips explained below will give a better understanding of why drunk drivers cause accidents and the best way to handle it.

Why Drunk Drivers Are More Prone To Cause Accidents

Anyone that has high blood alcohol content in their bodies has low ability to properly control their cars, and they have low reaction times and total judgment when they’re behind the wheel. This is a very dangerous tendency.

The person in question may feel that they are good enough to drive, whereby their faculties have been severely weakened due to the constant intake of alcohol.

Drink drivers are likely to engage in risky attitudes like driving on the wrong side of the road and over speeding. Most times, it’s not always easy to recognize drunk drivers, and this might cause serious auto accident injury.

INJURIES CAUSED BY DRUNK DRIVING DRIVERS.

Auto accident injuries incurred during accidents differ. There is a wide range of injuries that happens, and they can be severe or slight, depending on how it happened.

Most times, the injuries that happen during a drunk driving behavior can have serious effects on the victim, which may cause such a person a lot ranging from very expensive medical bills and pain of the injury.

 Drunk drivers can heighten the consequences of accidents by engaging in reckless attitudes, and most times, these drunk drivers do not realize how fast they were going until an accident happened, and it claims lives and injures a lot of people.

Below are the most serious and severe injuries caused by drunk driving. They include:

  1. Fractures.
  2. Lacerations.
  3. Severe brain damage.
  4. Scarring
  5. Internal organ bleeding or damage.
  6. Burns.
  7. Paralysis or spinal cord injuries
  8. Broken bones.

Someone who has sustained severe injuries in a drunk driving accident may not know until they’ve gone to the hospital for medical attention after the incidents have occurred. Most times, some of them lose consciousness, which is triggered by shock at the scene of the accidents and adrenaline. This is why medical attention and proper evaluation by medical practitioners are very important for those who sustained injuries during accidents.

It is better to be on the safer side. Do all necessary medical diagnoses because early treatment started on the person in question can increase the person’s chances of survival and recovery? Well, not everyone who went through that accident can make it through or become better. Most of them live with that injury for life, and some lose their lives.

Contact a car accident lawyer Kansas City, MO trusts like the attorneys at Royce Injury Attorneys LLC for help with your auto accident case.

Filed Under: Uncategorized Tagged With: Car Accident Lawyer

June 25, 2020 by

Family and Medical Leave Act Basics

As someone who works hard to provide for your family, it only makes sense that you have time to provide physical, face-to-face care when your loved ones need it most. The Family and Medical Leave Act is a way you can do that without risking job security. Not sure what FMLA is? The following are some of the very basics, though you should speak with a lawyer, insurance provider or employer to learn more.

Who Is Covered Under FMLA?

Employers dealing in commerce or any industry that directly affects commerce must have FMLA coverage for employees. Other employers this coverage applies to are those with employees who worked 20 calendar weeks or more the past year, and who have at least 50 employees. Local and state governments, as well as local educational agencies are also covered regardless of the 50-employee rule.

What Are FMLA Benefits?

If you are employed by an employer who meets all the requirements, have worked 12 months or more for your employer, with 1,250 hours in the past year, you may be eligible for FMLA benefits. These benefits include leave for twelve workweeks for:

  • Your own serious health problem that limits your ability to perform your job.
  • The care of immediate family members with health problems. This includes parents, spouses and children.
  • Caring for an adopted or foster child, within one year from the time the child was placed with the employee.
  • The birth and care of your own child, beginning at birth and up to one year.

An employee could get up to 26 workweeks of leave to care for a spouse, child or parent who is an injured or ill servicemember.

Do You Get Paid?

Under FMLA, your employer is not required to pay you for your time away. The benefit is that you are guaranteed your job back after you have taken care of your family member and are ready to go back to work. As long as you have met all the requirements, your employer cannot discriminate against you for taking time away. Keep in mind you should inform your employer of your leave as soon as possible. A 30-day notice is desired, but you should give as much time as is practical in your situation.

How You Can Learn More

You work hard for your family, and you should be there during their toughest moments. If you are interested in learning more, contact a workers compensation lawyers from Law Offices of Franks, Koenig & Neuwelt, can help you take proper steps toward getting their surveillance evidence tossed out. today.

Filed Under: Uncategorized

June 21, 2020 by

Traffic Rules for Pedestrians

As a pedestrian, you should know the traffic rules that apply to you and take care always to follow them. While a driver usually bears the most responsibility for a collision between an automobile and a pedestrian, if the court determines that you were partially responsible for the accident, it could reduce the amount you can collect in damages. Furthermore, obeying traffic rules at all times can help you to avoid an accident in the first place. You may already know pedestrian traffic rules, but here is a brief refresher.

  1. Don’t Jaywalk

In other words, only cross the street at the crosswalk, or at a corner or intersection if there is no crosswalk available. Don’t ever cross an intersection diagonally, even if you need to get to the opposite corner. Instead, take the long way by crossing one street and then making a 90-degree turn to cross the other.

  1. Make Eye Contact

If you need to cross the street and there is a car approaching, make sure the driver sees you by making eye contact with him or her. Don’t just look at the car because then you do not know what the driver is doing and whether he or she is paying attention.

  1. Avoid Distractions

Distracted walking can result in accidents just as distracted driving can. The resulting collisions may or may not involve a motor vehicle. Avoid distractions as much as possible. For example, listening to music may seem harmless, but it can prevent you from hearing sirens and other audio clues that can alert you to possible danger.

  1. Be Visible

Try to help drivers to see you by wearing bright colors during the day and fluorescent clothing at night. Carrying a flashlight while walking at night not only helps drivers to see you but also allows you to see where you are going.

  1. Obey Traffic Signals

“Walk” and “Don’t Walk” signs apply to pedestrians. Speed limits signs only apply to motor vehicles. However, most other traffic signs and signals apply equally to everyone. Be sure you pay attention to them and obey them.

  1. Use the Sidewalks

The sidewalks are there to provide a safe place for pedestrians away from motor traffic. Stay on them as much as possible. If there are no sidewalks available, walk on the side of the road that has you facing approaching traffic. Note that this is the opposite of the rule for bicyclists, who should travel the same direction as traffic.

If you ever have a collision with a motor vehicle as a pedestrian, speak with a lawyer, like a personal injury lawyer from Davis & Brusca, LLC, as soon as possible to get compensation. 

Filed Under: Uncategorized

June 20, 2020 by

Paying Bills After an Accident

Personal Injury Lawyer

Your life can be turned upside down when you get in an accident. Suddenly there are bills to pay that you hadn’t ever anticipated, and you may not have the savings to support so many unexpected expenses. If the accident caused an injury, those costs can skyrocket. As you wait around for the insurance company to pay your claim compensation, those bills may come due. How do they get paid in the meantime? Once your claim is processed, how do the payouts work? Here are ways to pay your bills before the settlement is reached and how to pay them after you’ve received compensation.

Health Insurance 

Immediately following an accident, you may face complications with an injury that require multiple visits to the doctor or more intensive treatment. If you’ve filed a claim, you won’t be able to wait for the settlement to pay those bills. Settlements can sometimes take months or years to be reached, especially if there is a lot of money involved or if there are disputes over who was at fault for the accident. Your health insurance can cover those initial costs so they don’t come out of your pocket.

Personal Injury Protection Coverage

Some policies have an option of adding personal injury protection (PIP) coverage. If you have this, you can claim your injury costs even if you were at fault for the accident. This gets filed with your own insurance and avoids the hassle of dealing with another person’s insurance company.

Medicare and Medicaid

These work similarly to other health insurance where your medical expenses can be covered under their coverage. This relieves the burden of paying everything up front. Oftentimes, you’ll be expected to refund the insurance once you’ve received your settlement.

Settlements

If your claim is successful, you’ll receive payment covering your expenses. If you used health insurance beforehand, they may see to it that they are paid back first, and then you’ll obtain the rest of the money. You should get your money in the form of a check written by the insurance company usually within a week of settling.

Lawyer Expenses

If you used a lawyer to help negotiate your settlement claim, they will also take their percentage from your total settlement payment. You’ll agree upon this percentage in advance. The amount of your settlement will be negotiated with that amount in mind so that you still have money left over to cover your own expenses after everyone else is paid.

Contact a lawyer, like a personal injury lawyer from Needle & Ellenberg, P.A., to discuss your options. You may not know some are applicable to your situation until you ask.

Filed Under: Uncategorized Tagged With: personal injury lawyer

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