Did you sustain significant injuries or property loss because of an accident? Do you want to file a claim, but are unsure of the restitution you can seek? An attorney can make the claims process easier for you, especially during a time when focusing on your health is paramount. However, even with the help of legal counsel, you will need to understand the damages you can file for and how hard each claim is to prove to those liable and a judge.

1. General Damages

If you have discussed personal injury claims with anyone, you have likely heard the phrase pain and suffering. Psychological trauma falls under the category of general damages, or those injuries difficult to prove because they are not concrete or tangible. General injuries often require expert support, and juries and judges will need someone to draw a link between your accident and the psychological injury. Most attorneys will try for pain and suffering or loss of consortium, but restitution for these injuries is challenging to prove.

2. Compensatory Damages

Compensatory damages are tangible losses and easy to prove with receipts, invoices and paystubs. The primary reason to sue for damages is compensation and restitution. Your medical expenses, lost wages and even property repairs are all covered under compensatory damages. While these losses are easy enough to prove and validate, restitution depends on the proof of liability. If you cannot show the other party is responsible for your losses, you may not win a settlement or judgment. Thankfully, law firms often have private investigators on staff to help in the collecting of evidence.

3. Punitive Damages

Punitive damages punish the at-fault party. While any accident victim may want to seek revenge and punish the person or entity responsible for their accident, the justice system is not intent on punishing people without cause. While you can seek punitive damages for your injuries, you need to prove intent or criminal neglect. If the at-fault party unknowingly puts you in harm’s way, they are not an aggressor. If you suspect foul play regarding your accident, tell your lawyer and let them investigate your claim.

Personal injury cases range from simplistic to complex. However, you want a lawyer by your side in either circumstance because they are legal experts.

 

Distracted or intoxicated driving is the number one cause of automobile accidents in the United States, as well as the deadliest. Intoxicated drivers experience negative impacts on their bodies such as motor skills, reaction, and decision-making abilities. Drunk driving not only increases the chances of injury for the driving community, but also commonly raises insurance rates for the individual. Contrary to popular belief, a recent study indicated that most drinkers are aware of their limits regarding alcoholic consumption, with nearly 30.5% claiming to refuse to operate a motor vehicle after just one drink; however, 18.9% included in the study admitted to driving while under the influence in the last six months. As a sizable concern for law enforcement agencies across the country, drunk driving poses a variety of risks to the community at large. Between the years 2003 and 2011, law enforcement reported approximately 119,100 drunk driving related fatalities in the United States. For that same time period, Texas ranked the highest with 13,138 deaths. 

Accordingly, a DWI arrest in Texas typically results in two legal proceedings — an administrative case against the driver’s license, and a criminal case against the driver’s personal freedom. When arrested for a DWI, a driver’s license will be suspended automatically if that driver produced a test with a blood alcohol concentration level at or above 0.08% or the driver refused to voluntarily submit to the test at the scene. The average cost of resolving a DWI charge reportedly ranges from $9,000 to $24,000 in Texas. To prevent incurring such negative results and expenses, there are nine things that drivers can do to avoid obtaining a DWI conviction in Texas:

1. Acknowledge the risks. Every day, nearly 30 people — drivers and passengers alike — die in automobile crashes caused by drunk driving. On average, that statistic amounts to one person every 50 minutes in the United States alone. Driving while intoxicated poses not only a real threat to an individual’s personal safety, but also to the livelihoods of all drivers on public roads. Although the number of fatalities caused by drunk driving has decreased by 30% in the last decade, such decisions still claim over 10,000 lives a year throughout the country. Every driver must acknowledge these risks and assess their own situation before going behind the wheel. 
2. Stay well below the limit. Breathalyzers are highly unreliable. As a result, the same individual may produce different numbers based on the breathalyzer used at the scene of the traffic stop. Consequently, drivers should keep their blood alcohol concentration significantly below the maximum legal limit to avoid suffering from the discrepancies of breathalyzers. Doing so also has the potential to prevent an automobile crash, property damage, or resulting injury.
3. Pace alcoholic drinks and consume water. Experts claim that consuming no more than one alcoholic beverage per hour helps keep an individual’s blood alcohol concentration within the legal limit. Additionally, drinking water is an effective method for maintaining sobriety. Remember, just because a driver may feel sober, does not mean that driver is capable of operating a motor vehicle.
4. Use a personal breathalyzer. Although personal breathalyzers are even more inaccurate than law enforcement devices, they can still provide some kind of guide for an individual’s blood alcohol concentration. Investing in a personal breathalyzer may help drivers avoid DWI convictions. 
5. Do the math. Typically, an individual’s blood alcohol concentration drops approximately .015 per hour after the initial peak. Similarly, a blood alcohol concentration of .05 takes 3.33 hours to drop to zero. Knowing this simple equation and keeping track of the number of drinks consumed is an easy way to avoid a DWI conviction and, possibly, even save someone’s life.
6. Avoid drinking games. Drinking games are a form of binge drinking. Not only do they increase the probability of alcohol poisoning, but they also raise the chances of exceeding the legal limit quickly. Accordingly, individuals who engage in drinking games should not drive afterwards.
7. Use a designated driver or rideshare service. A designated driver is a member of a particular group who agrees not to consume alcohol and drive the other, usually intoxicated, members of the group home. Designating a particular person for this important role not only prevents alcohol-related collisions, but also helps intoxicated individuals avoid embarrassment, keep their driver’s license, and stay out of jail. Even if an individual chooses to drink alone, modern technology provides easy access to a variety of rideshare services that can help intoxicated individuals get home safely.  
8. Don’t drink. Not consuming alcohol before stepping behind the wheel is a foolproof way to avoid exceeding the maximum legal limit for alcohol consumption. 
9. Obtain legal representation. Although prevention is the most effective way to avoid a DWI conviction, thousands of Americans are charged each year. Consequently, individuals who find themselves under police scrutiny should contact a DWI lawyer, like a DWI lawyer in Dallas, TX, immediately for adequate representation. 

While many drivers recognize the dangers of driving while intoxicated, DWI’s are becoming increasingly more common amongst younger generations. As a result, thousands of drivers are exposed to the dangers of drunk driving every year. Drivers must act responsibly to avoid the consequences of drunk driving.

Thanks to Brandy Austin Law Firm for their insight into how to avoid a DWI conviction. 

Being involved in a motor vehicle accident is a very nerve-racking situation for many people. It is not expected that an involved party, whether at fault or not, be experienced in what to do when following a motor vehicle accident. There are a few questions and concerns that an individual may have following a motor vehicle accident. It is smart to familiarize yourself with most common concerns so that you are well informed at the time of a motor vehicle accident. Common questions are: 

Questions concerning the type of compensation that can be awarded to you should you file a personal injury claim. These are called damages. Damages can stem from financial loss and obligations to physical and emotional loss and obligations. Medical expenses, property damage, lost wages, pain and suffering, or any future expenses that may stem from the accident are considered damages that could be covered should you file a claim against an at fault party.

Are you able to file a personal injury claim without an attorney? Yes, you can. An attorney is highly recommended in personal injury cases, but they are not required. You can contact a personal injury attorney for advice on what to do at no charge with their free consultations. Personal injury attorneys are recommended because they understand the law and know how to work with insurance companies and other involved parties and defendants. They understand what to do when companies lowball you often do not want to pay for what you deserve

If you are at fault will you receive compensation? This depends. Having any sort of responsibility in the accident you could potentially lose your chances of being compensated. In most cases neither party will be awarded damages because both parties are involved.

There are many questions when they have ones being involved in a motor vehicle accident. A personal injury attorney can answer those questions for you both honestly can’t legally. Wow you do not have to hire a personal injury attorney it is almost always in your best interest so that you are not taken advantage of by insurance companies or to make sure nothing falls through the cracks while you and your family focus on healing. Should you or someone you know be involved in a motor vehicle accident, contact an auto accident attorney in Atlanta, GA to see what you should do.

Thanks to Andrew R. Lynch, P.C. for their insight into personal injury claims and motor vehicle accidents.

Every car accident is unique and will offer different opportunities for receiving compensation. Your lawyer can look over your specific situation to help you determine which damages to seek so you end up with the largest compensation possible to help you combat the expensive bills that will come your way in the following weeks, months and years. If you were in an accident, the following are a few types of compensation you might be able to recover.

Health Care Costs

Depending on the accident, you could have a lot of bills related to the health care you receive. This might include an ambulance ride, emergency room visit, follow up appointments, surgeries, hospital stays, medication and therapy. If your injuries are severe enough, you may need medical care in the future, and compensation could cover those as well. You should also consider modifications that may need to be made, such as building a ramp to accommodate a wheelchair and other similar necessities.

Lost Wages

While you are recovering from your injuries, you may miss a certain amount of time at work. Seeking lost wages could cover the gap between the time you were injured and stopped working and the time you are able to get back to work. If you can’t continue in the job you were in at the time of your accident, you may be able to seek compensation for loss of future income.

For example, a seamstress may have been in a car accident that severed his or her fingers from the hand. Without fingers, the seamstress would not be able to continue in his or her current employment. If a lower-paying job is the only employment he or she could secure, that’s when compensation for loss of future income would come in.

Pain and Suffering

There are a lot of ways someone could suffer and experience pain after a car accident. After explaining to your lawyer everything you’ve gone through, he or she can help you determine an amount to seek for pain and suffering. This could include compensation for loss of consortium, loss of companionship and other similar losses.

Punitive Damages

If the at-fault driver was particularly negligent, such as driving under the influence of alcohol, a judge may award punitive damages to the victim. This is a way to punish the guilty party and drive a point home that the behavior was negligent, but the victim receives a financial benefit for it.

Learning More by Contacting a Lawyer

Being in a car accident can result in injury and financial hardship, but you can sometimes recover some of the costs associated with your accident. 

The large commercial trucks that roll along on our nation’s highways can be quite intimidating, with their massive size and weight, huge loads of cargos, as they travel along beside us or behind us. Because truck accidents are often catastrophic in nature, it is critical for all vehicle drivers to use extra caution when they are driving near a tractor-trailer or other commercial truck, but when an accident does happen, it is wise for an injury victim to speak with a truck accident lawyer in Indianapolis, IN.

There are certain hazards that truck drivers have to deal with that other vehicle drivers do not. These dangers can result in truck accidents – and often do. Some of these hazards are:

• Blind spots: While all vehicles may have some sort of blind spots, commercial trucks have several blind spots that run along the sides of the truck, as well as the front and the rear. It is impossible for truck drivers to see other vehicles who are in the blind spots, causing a perilous situation for everyone.
• Wide turns: A large commercial truck requires more space to make a safe turn, particularly when they are making right turns. If a truck driver underestimates how much space they really need, any vehicles in the berth path is in danger.
• Longer stopping distance and time: When you are in a passenger vehicle and have to quickly hit your brakes, the vehicle comes to a quick stop. Semi-trucks take even longer to stop. If something comes up quickly in front of a truck, the driver may not have enough time or distance to bring the vehicle to a complete stop.
• Reaction time: It takes more time for a truck to change lanes, merge into traffic, and other driving maneuvers than it does a passenger vehicle.
• Wind: Many people do not realize this, thinking that the weight of a large truck keeps it steady in wind. The reality is that the trailer of the truck acts like a sail when there are strong winds, and this makes the vehicle even harder to control.

Safety Tips When You Are Driving Near a Large Truck

A truck accident attorney knows that there are certain steps other drivers can take when they are traveling near commercial trucks in order to stay safe and help reduce their risk of crashing.

Avoiding the truck’s blind spot is crucial. Knowing where these blind spots are can help:

• Front: 20 feet in front of the cab
• Rear: 30 feet from the rear of the trailer
• Right: Angle from the cab to the area behind the trailer that extends two lanes wide
• Left: Angle from the cab to the middle of the trailer that extends one lane wide

Always allow extra space between your vehicle and the truck. This gives trucks the extra space they need to change lanes, follow your vehicle, turn, and brake. Vehicle drivers should also avoid turning from the inner lane next to a truck. If the truck needs to turn, you risk being hit if the truck needs to turn and you have not left them enough room.

How you pass a truck is also critical. Try to pass the truck on its left and give yourself more space when doing so. Always make sure you can see the truck’s rear view mirror before you move in front of the truck. And if a truck is passing you, slow down and let it.

Thanks to Ward & Ward Law Firm for their insight into personal injury claims and tips for avoiding truck accidents.

Marijuana has become legal in several states, however, possession of marijuana charges are still being placed on individuals in certain locations. Not understanding or knowing the law in your area can ultimately determine your freedom in regard to this law. There are different laws in different states that let you know what is and is not illegal, knowing these laws can assist you or your loved one in avoiding a possession of marijuana charge.

Possession of marijuana charges stems from the obvious offense, possessing marijuana. When an officer finds marijuana on an individual (a specific amount can lead to a charge) they can file charges on them. However, because possession of marijuana charges happen every day and marijuana was still recently legal there are specific stipulations that must be provided in court for charges to stick.

But like any other criminal charge, in order to hold a person accountable, they must show they are aware that they are breaking the law. Or in this case, they must actually possess the marijuana knowingly. This is a matter of proving the intent of an individual and that is the state’s responsibility to prove in court. What may be the most obvious is, the substance must be marijuana. You cannot charge an individual for possession of marijuana simply on a hunch. You must prove that the drug was in fact marijuana. There are different forms of substances that individuals possess to reach a similar feeling that marijuana brings them. It is important that law-enforcement understands what is real and what is not real. This requires them to test the substance they are accusing the individual possessing and verifying that it is in fact the drug they are charging them with.

Being charged with any criminal offense can be very scary and traumatizing. Possession of marijuana charges are actually becoming more common because people lack the knowledge of what actually makes marijuana legal in their area. To protect you or your loved one it is best to educate yourself on the law if you are not fully aware. However, if you or someone you know is charged with possession of marijuana charges, speak with a skilled criminal lawyer in Decatur, GA to discuss what your legal options may be. The right attorney will be able to review the facts of your case and work in your favor to build your defense as soon as possible.

Thanks to The Lynch Law Group for their insight into criminal law and marijuana.

After a personal injury, you’ll want to file a lawsuit as soon as possible so you can receive compensation in a reasonable amount of time. That’s not the only reason to get your lawsuit moving along right away. There is something called the statute of limitations that offers you a window for which you can file the lawsuit. When it has passed, you no longer have that opportunity. The Statute of Limitations In many states, the statute of limitations for personal injury is two years, though there are some outliers at both ends. The clock starts ticking on the day you receive your injury, so there’s no time to waste, as some cases can take a while. Every state has a different statute, so it’s important you have spoken with someone such as a lawyer who can help you understand how long you have. Claims Against the Government If your personal injury claim is against the government, there are different rules you’ll have to abide by. In most cases, you’ll only be given six months to get the process moving along. After that, the government has a period of 45 days during which they will consider what to do with the claim. If it gets denied, you can file a lawsuit within six months. If the government doesn’t respond at all, you can file a lawsuit within two years. Keep in mind it can get difficult to deal with the government. Because of the unique rules associated with these entities, the process will be different than your typical personal injury case. Be sure you’re working with a qualified attorney who has experience with government lawsuits. Exceptions to the Statute Although it’s rare, there are some situations that qualify for an exception to the statute of limitations. If you feel you meet the requirements, you should speak with a lawyer immediately. Some exceptions include:

• Being a Minor – Someone under the age of 18 cannot file a lawsuit. If an individual is injured at age 14 and the statute of limitations is two years, that individual would have six years from the time of injury to file a lawsuit because the statute of limitations wouldn’t begin until his or her 18th
• Discovery – It’s possible for victims of personal injury to not realize they are injured until a later date. The day at which the injury is discovered is when the statute of limitations would begin.

Hire a Professional for Legal Help Personal injuries can cause you a lot of pain, suffering, and financial loss. Strive to obtain the compensation you deserve with the help of a legal professional. If you or your loved one has suffered an injury due to a motorcycle, car, or truck accident, seek the help of a commercial truck accident lawyer. An experienced attorney can help you understand your rights and fight for the compensation you deserve.

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Thank you to our friends and contributors at JOHNSTON | MARTINEAU, PLLP for their insight into accidents.