Car Accident Attorney

If you have been injured as a result of someone else’s negligence, you have the right to make a claim against them for your injuries.  However, if that person has no insurance, it becomes more difficult (unless you have uninsured motorist coverage as I discuss below). Most people who have no insurance do not have any assets to protect, so suing them may be a waste of time. It is very difficult to find an attorney who is willing to pursue a claim against an uninsured driver because there is no way for the attorney or you to come out ahead. If the other driver has no money and no insurance, it makes little sense to sue them.  That being said, if the person who hit you is wealthy or was possibly working for an employer at the time of the accident, it will be easier to make a claim. If the other driver was in the scope of his employment, you will have a claim against his employer for your injuries. You should talk to an experienced personal injury attorney to evaluate your options and determine whether it makes sense to sue an uninsured driver.

It is quite common for people to be injured by uninsured motorists. Fortunately, you can purchase insurance coverage to protect you from this scenario. The first thing to determine is whether you have uninsured motorist coverage (UM) on your own automobile policy. UM coverage is very valuable insurance because it will help compensate you and protect you if you are injured by someone who has no insurance or has limited insurance. You will be able to make a claim against your own insurance company just as if you were going against the other driver. For example, if the other driver has no insurance or has minimal liability limits (for example, $10,000.00) and your damages are $500,000.00, your UM coverage can be used to cover your damages that are over and above the other driver’s $10,000.00 insurance limits.

The majority of drivers on the road either have no liability insurance or have very minimal insurance coverage. Therefore, purchasing uninsured motorist coverage is a great option to protect you and your family. Obviously, it costs money to buy such coverage, but declining uninsured motorist coverage will end up being a mistake if you happen to be injured by someone who is uninsured or has minimal coverage. I highly recommend that you speak to an experienced car accident lawyer to discuss whether uninsured motorist coverage is right for you.

---

Car Accident Lawyer

When school’s in session, you shouldn’t just slow down in a school zone. Kids are unpredictable. They may dart across the street or pop out between cars. You have to keep your eyes on the road and your mind on driving when you’re in a school zone. Here are some safety tips to remember when the kids go back to school.

Reduce Your Speed in a School Zone

Be aware of school zones in your community. When in an unfamiliar neighborhood, pay attention for road signs that indicate you’re in a school zone. Reduce your speed to the posted limit (or even slower if kids are present) so that you don’t have to slam your brakes on at the last minute.

Respect the Crossing Guard

Pedestrians have the right of way. Sleepy, small children may not be paying attention to the road. It’s up to you to be aware of kids. Crossing guards are there to protect children at intersections where there is the most risk. If the crossing guard is in the street, assume that children are close. Don’t block crosswalks if a crossing guard isn’t present.

Don’t Use Your Cell Phone

In some cities, it’s illegal to use a cell phone in a school zone. Even if your community hasn’t addressed it, drive safe. Put your cell phone down in the school zone. Don’t even use it hands free. Wait until you’re through the zone. Watch for other distractions, too. Don’t eat or drink. Limit talking to passengers.

Look Out for Buses

Whether you’re in a school zone or not, you should always yield the right of way to buses. Watch for the stop sign on the side of the bus. When deployed, do not pass the bus. Watch for kids in the morning who might be waiting for the bus. You may want to refresh your knowledge about the rules for driving around school buses.

Breaking School traffic Laws Has Serious Consequences

In most places, if you speed through a school zone, you’ll probably get higher fines and fees. In some cities, it’s triple the cost of normal times. You do not want to get a traffic ticket for violating traffic laws in a school zone. More importantly, the life of a child is precious. You do not want to be responsible for hurting an innocent youngster on his or her way to school.

Slow down and pay attention to your driving in a school zone. If you or your child has been injured in a school zone accident, contact an auto accident lawyer in Trenton, NJ for an assessment of your claim.

 

---

 

Thanks to Davis & Brusca for their insight into personal injury claims and school zone safety for drivers.

Car Accident Attorney

Being part of a car accident can be devastating enough, but when you add a drunk driver to the mix, things can turn tragic very quickly. Once a driver’s initial shock has gone down, he or she may start to feel angry towards the drunk driver for what happened. Driving while intoxicated is incredibly irresponsible, as others on the road may endure the consequences of this poor behavior. As the injuries begin to get more painful and medical bills pile higher, the victim in such an accident may ask themselves what they can do to sue the drunk driver for damages.

Q: Is it even possible to sue the drunk driver for the accident?

If you live in an at-fault state, then yes you can file a civil lawsuit against the drunk driver. The drunk driver may not only have to face you in civil court, but a judge in criminal court as well. However, you will not be awarded compensation through the criminal case, so if you want to seek restitution for what happened this will have to be handled in civil court. 

Those who live in a no-fault state, may still be able to recover costs for medical expenses and other losses. Cases that may be permitted in civil court are those in which the victim driver sustained serious injuries, that required expensive emergency medical intervention. 

Q: What if my insurance company wants me to settle?

A: Insurance companies often want to settle claims as soon and cheaply as possible. The drunk driver’s insurance company may contact you and offer a settlement amount. If you accept, your lawsuit will not continue and you will be paid out through the other driver’s insurance. If you are still not sure what the extent of your injuries are going to be like long-term, you may not want to settle yet. If you accept the offer and then you find out your injuries were worse than you thought, you may have to pay for these bills out of your own pocket. 

If you are feeling pressured to make a decision, you can meet with a lawyer in your area that is knowledgeable in personal injury cases like yours for advice. Until you have spoken with a legal professional, it is recommended that you do not sign any documents and hold off on providing an official statement for insurance-related representatives. 

Q: How are civil lawsuits filed? 

A: With help from a lawyer, the victim in the car accident can sue the drunk driver. Civil cases are filed as personal injury lawsuits by the victim, as a way to seek damages that resulted because of the auto collision. The victim may be entitled to recovering losses related to medical treatment, property damage, lost wages, and more. Before filing a civil lawsuit, you may want to consult with a DUI lawyer in Salt Lake City, UT so you are fully informed about the laws for your jurisdiction. Some jurisdictions permit you to seek payment for emotional damages too, such as pain and suffering. 

 

---

 

Thanks to Rasmussen & Miner for their insight into personal injury claims and car accidents involving drunk drivers.

Truck Accident Lawyer

The good news is that tractor-trailer accidents are among the motor vehicle accidents that occur the least often. The bad news is that when large truck accidents do happen, they can result in extensive property damage and devastating injuries. Understanding the types of tractor-trailer accidents that can occur, as well as the causes that are often behind them, may help you to avoid a collision.

Types of Tractor-Trailer Accidents

Some types of tractor-trailer accidents can also occur among smaller passenger vehicles as well. Examples include head-on, rear-end, and T-bone collisions. However, because of the size, shape, and function of a tractor-trailer, some unique types of accidents can also happen.

• Under Ride: A small vehicle becomes lodged under the trailer when approaching from behind after a quick stop by the tractor.
• Wide Turn: The tractor-trailer driver squeezes cars between the truck and sidewalk when swinging left to make a right turn.
• Jackknife: The trailer skids outward in a 90-degree angle to the front cab when the driver brakes hard and fast.

Causes of Tractor-Trailer Accidents

A collision between a tractor-trailer and another vehicle may occur due to a number of different circumstances, more than one of which may occur at the same time.

1.  Drugs and/or Alcohol

Substance use is a leading cause of tractor-trailer accidents according to some studies. Even taking prescription drugs before getting behind the wheel can result in driver impairment.

1.  Load/Weight Issues 

It’s not only the truck itself that can pose a hazard, it is the load the tractor-trailer is hauling. Truck loading is regulated by strict loading procedures and weight limits, but improperly loaded cargo can cause danger to passing motorists by falling out.

1.  Speeding

Speeding is never safe, but the size and weight of the vehicle can make it even more dangerous in a tractor-trailer. Nevertheless, truck drivers may be tempted to speed due to the pressure of having a particular timeframe in which to reach their destination.

1.  Aggressive Driving

Either truck drivers or operators of other vehicles can engage in aggressive maneuvering. It is not unusual to see a truck accident caused by another driver following too closely or weaving in and out of traffic.

1.  Driver Fatigue

To meet tight shipping deadlines, truck drivers are often required to spend many hours on the road in continuous succession. As many as 40% of all U.S. tractor-trailer accidents could result from driver fatigue, according to National Transportation Safety Board estimates.

A truck driver is not automatically at fault for a tractor-trailer accident. Nevertheless, to operate such huge and powerful vehicles is to take on a great responsibility. Contact a law office today.

Personal Injury Lawyer

It’s not uncommon for personal injury lawyers to offer potential clients with complimentary case consultations. This is provided for a number of reasons. Not only can it help a personal injury lawyer to draw clientele, it gives them the opportunity to assess whether or not they are willing to accept your personal injury case. It’s important to keep in mind that this will also give prospective clients the ability to speak with a lawyer to determine if the are interested in retaining legal services moving forward.

Although the consultation offered can be mutually beneficial to both the lawyer and prospective client, it’s important that you carefully prepare in order to obtain the full benefits of a consultation. If you have been injured in an accident, and are trying to determine whether it’s in your best interest to take legal action, chances are you will consider whether you should hire a lawyer.

Here are some tips to bear in mind when preparing for your complimentary case consultation, so that you can make the most of the limited timeframe you have to spend with the lawyer:

Tip #1 Write Down Your Personal Account of the Accident

Having your account of the accident can not only help you to stay on track during your consultation, it can also serve as a key piece of evidence should it be in your best interest to take legal action.

Tip #2 Any Evidence that You Gathered

Bringing documentation for your consultation will give a prospective lawyer the ability to review the facts pertaining to your case. This can allow them to provide you with an accurate overview of your case. Documentation may include:

• Photographs or Videos
• Medical Documentation of Your Injuries
• Any Correspondence with the Defendant
• Police or Accident Reports
• Insurance Information
• Proof of your Financial Losses

Tip #3 Compile Your Questions

Coming prepared with a list of questions is important for a number of reasons. Not only does this ensure that you are able to get a clear picture of what the legal process entails, it can ensure that your case questions are answered during the consultation.

Tip #4 Review the Lawyer’s Website

Prior to sitting down with an attorney, you may want to take time to review your website and conduct basic Internet research regarding their reputation in the community. This can ensure that you are sitting down with a lawyer who has the experience you need when facing a personal injury claim, and that they are the right fit for your case.

Tip #5 Be as Concise as Possible

Know that you will only have a limited amount of time during the consultation to review your case and ask the questions you are needing answers to. Taking too much time to review one aspect of your case may leave you with further questions that you may not have time to obtain the answers to during the consultation. Make sure that you are prepared with the topics or questions that you want to be sure are covered prior to the meeting.

Considering whether it’s appropriate to take legal action for a personal injury case can be difficult to do all on your own. By preparing the necessary information for your case consultation prior to meeting with a personal injury lawyer, you can obtain a clearer picture of whether the lawyer will be a good fit for your case.

Chiropractor

In the battle against pain, you may have options other than pills. With the alarming rise in addiction to pain medication, medical doctors are less likely to prescribe potent opioids unless it is a short course after surgery or a small part of a bigger pain management plan.

One option for help is chiropractic therapy. You may not realize it, but this common ally in pain relief is covered as part of most medical plans. Some instances, you may need the referral from your primary treating physician to seek their services, and in others, you may be able to choose to go on your own. If you experience pain or seek relief to chronic issues, a chiropractor may be a provider worth seeing.

Services Chiropractors Provide

You may believe a chiropractor is only available to help those with back or neck problems. While this is the primary area of the body they treat, chiropractors are trained to provide relief for several conditions. Among these are things you may not have thought of, such as:

• Migraine headaches
• Sciatic pressure
• Fibromyalgia
• Anxiety and depression
• Increase stability and flexibility

You may be surprised that a chiropractor can treat things like anxiety and depression, but studies show that the stimulation of the spinal cord by adjustment and manipulation performed by a licensed chiropractic provider can help relieve the symptoms associated with these two mental ailments. Increasing blood flow to the brain through the numbing of the pain receptors in the nerve centers may decrease the hormones in the blood that help fuel both anxiety and depression.

The Effect of Chiropractic Care on the Body

Part of the draw of a chiropractic adjustment is the effect it has on the nervous systems, most specifically, those parts of the body sending pain messages. While these are essential relay points between the body and the brain, these receptors can become overstimulated and therefore, always send pain signals.

Chiropractic adjustment by a licensed provider can help to decrease the pain signals these nerves give off. Using specific maneuvers and tools to realign the spine, neck and other regions of the skeletal system, chiropractors can help stimulate an increase in access of blood to the area. This flooding brings with it new white blood cells, oxygen and other nutrients that then provide relief to the sensitive nerves, causing them to stop sending pain messages.

Your insurance company wants to assist you in feeling better. As such, they provide access to a wide array of providers who may help your health improve. 

Personal Injury Lawyer

When your personal injury case is settled, you might be wondering what happens. How do you get your money? How long will it take? How much will you get? There are a lot of variables that determine how much you’ll receive. You’ll want to discuss this with your attorney. However, most attorneys follow the same kind of distribution process.

Who Gets the Check?

In most personal injury cases, the attorney takes the case on a contingency basis. That means that the attorney doesn’t get paid until the case settles, if it settles at all. Your attorney has a vested interest in the outcome of the case. Typically, the settlement check will be made out to you and the attorney’s firm.

Before your attorney can do anything, you must get a check from the insurance company. It can take two to three weeks to get a check from the insurance company, but that is just a general estimate. The check is usually sent to the attorney’s firm. You will have to sign the check if your name is on it. You may have to come into the office to do that, but there are other ways your attorney may handle this. The firm may send it to your home by messenger to get your signature. If you signed a power of attorney for your attorney to handle the check, your signature may not even be required. The attorney deposits the check into a trust account. This account is a fund that is owned by both the attorney and the clients. It will take a few days to make sure that the check clears.

Once the check clears, final checks can be distributed. Your attorney will need to pay its fees and expenses out of the proceeds. The hospital and medical providers will need to be paid. Sometimes, the insurance company will directly pay the healthcare providers with a separate check. The attorney will receive his or her portion, which is determined by the contract you have with the attorney. Finally, you will receive your portion.

Settlement Tasks Are Done Before Payout  

It can take a few days for the attorney to balance the account, but most firms realize that you need your money quickly. If your case has a lien on it from Medicare or another government agency, it could take much longer to settle your claim. Any liens on your case will have to be settled before you can receive anything.

If you are injured due to a slip (or trip) and fall on another person’s property, you may very well have a claim against the owner of that property. However, it is important to know that you do not automatically have a valid legal claim simply because you fell on a person’s property. In order to make a successful claim, you will have to prove that the property owner (or person in control of the property) was negligent. 

In my 28 years of practicing law, I have handled many types of these cases, including injuries that occurred at sporting events, entertainment venues, shopping malls, offices, restaurants, retail stores, hotels, apartment complexes, and homes. There are a number of issues that must be evaluated when investigating these claims.

First, it is necessary to determine the client’s status on the property? In other words, was the client invited onto the property or was he or she an uninvited guest. Sometimes a potential client was actually trespassing at the time of the fall. There are different legal duties owed to a person depending on why they were on the property. For example, someone who is invited onto property is owed a higher duty of care than someone who has trespassed onto the same property.  An experienced personal injury attorney, like a Tampa, FL personal injury lawyer, will be able to analyze the circumstances and answer this question for you.  

Second, it must be determined whether the property owner was negligent by failing to keep the property in a reasonably safe condition. This analysis can involve many factors, such as how long the dangerous condition existed, whether the owner created the condition or allowed it to exist, and whether the owner took reasonable precautions to make sure the property was safe. For example, did the property owner have regularly scheduled maintenance protocols to inspect and clean the property to make sure it is safe for guests? Or were there appropriate warning signs to let guests know of dangerous or unsafe conditions?

Nowadays, it is common for stores and other public places to have video cameras.  These devices often record slip and falls which occur on the property. It is important for your lawyer to immediately request all recordings and make sure the video is not destroyed before you have a chance to review it. This can be the most valuable evidence you have in proving the owner was negligent. 

If you are able, you (or whoever is with you) should take photographs of the scene immediately after a fall in order to document the unsafe condition. Once the hazard is cleaned up, it may be difficult to later prove the owner was negligent if you have not taken photographs that accurately depict what the condition looked like when you fell. 

 

Thanks to Jeff Murphy Law for their insight into slip and fall injury cases.

Bankruptcy Lawyer

If you owe a large amount of unsecured debt and can’t afford to pay it, then you’ll probably start looking for ways to negotiate with your lenders. Unsecured debt is any debt that doesn’t require you to put down collateral. If you have student loans, medical bills or credit cards, these all fall under the umbrella of unsecured debt. Once someone decides to settle debts, the question of whether he or she needs a lawyer comes next. Do you need a lawyer for debt settlement? In some cases, the answer is yes.

What Are Debt Settlement Attorneys?

Debt settlement lawyers and bankruptcy lawyers are very similar. If you’re starting to consider bankruptcy, you should visit a debt settlement attorney. He or she will help you take steps to avoid bankruptcy if you can. Lawyers won’t push you to bankruptcy right away. If there are other options, he or she will lay them out for you.

How Much Do Debt Settlement Attorneys Cost?

Already, you’re worried about your debts being too high; you don’t want to spend too much money on a lawyer. When money is an issue, the last thing that you want is to end up in even more debt. Fortunately, most debt settlement lawyers work on a contingency basis. This means that you don’t have to pay anything right away. Instead, if you win your case, then the lawyer will take a percentage. For instance, if the lawyer saves you money, then you would owe him or her a percentage of what you saved. Each lawyer establishes his or her own rates. This can change based on location or reputation. Always figure out the rates in advance.

Are Debt Settlement Lawyers Worth It?

If you want to lower the amount of debt that you owe, then an attorney is a worth it option. When it comes down to it, most creditors would rather get some of their money back, rather than none of it at all. This is what makes negotiations effective. If you try to work through debt settlement on your own, then you might not have as high of a chance as a lawyer who has experience and knows the ins and outs of debt settlement.

While you are not legally bound to an attorney when it comes to debt settlement, you should always consider a lawyer to help you when dealing with financial and legal matters. Debt settlement is complicated and if you want to get the best deal possible, you’ll want someone with experience advocating for you. For more information on how to settle your debts, contact a Memphis, TN bankruptcy lawyer today.

Thanks to Darrell Castle & Associates for their insight into bankruptcy law and debt settlement.

Personal Injury Lawyer

Let’s say you’re driving down your street on the way to the grocery store when a car pulls out from a stop sign and hits your vehicle broadside, overturning it.

After you crawl out of your sunroof, you see that the car in question was a police car, not with sirens on so that he would have had the right of way, but one who failed completely to look both ways when he pulled out from the stop sign, and hit you simply because he was not paying attention.

He was completely at fault, and he immediately apologizes.

Does that apology – for the record, if you are in an accident, NEVER admit fault, or say “I’m sorry” – give you a case worthy of a settlement? Was the fact that you were only a few car payments away from having a car completely paid off create a case?

After an accident, you’ll likely be inundated with flyers from attorneys hoping to snag your case – and giving you the idea that all car accidents are worthy of a settlement. But is it? In some cases, absolutely, but in others, unfortunately no, your settlement will come from an insurance company, and you have to hope that it is enough to cover the payoff sum of your vehicle.

In the case above, it would seem obvious, given that a police officer was the driver whose negligence was responsible for the accident – and the one given a ticket.

But there are some questions you need to ask first.

Is there an injury?

Injuries can be physical or financial, but are they serious enough for a legal settlement?

After a car accident, even a small accident, it’s important that you go to a doctor to make sure that you haven’t been seriously injured from the impact.

Car accidents cause pain, especially if there is a rollover or something more serious, because the impact jars your body. You can sustain whiplash or other serious neck injuries, pulled or strained muscles or pain in general. You may not notice it immediately due to the adrenaline rush of an accident, but only a doctor can know with certainty that there are no serious injuries.

If there are injuries, they still may not be enough to pursue a case.

In many states, there is a certain threshold that must be met before a lawsuit can be filed.

Under Florida law, for example, cases only quality for compensation aside from a traditional insurance settlement if you suffer:

•       Significant and permanent loss of a bodily function.
•       Permanent injury, as determined with a reasonable degree of probability on the part of your physician.
•       Scarring and/or disfigurement.
•       Death.

Of course, aside from death, the magnitude of any injury is subjective, and open to the interpretation of the court.

Is there liability?

If you can prove liability – someone failed to place a “wet floor” sign out, and you slipped and fell at an establishment, a driver was under the influence and hit you head-on, causing back injuries that make walking difficult, a doctor failed to note in his or her chart that you were allergic to a medication, and you suffered severe side effects – you likely have a case.

Your injuries must have been the result of another person’s negligence in order to prove liability.

Can your case be proven?

In a car accident case, a police officer’s report usually serves as sufficient evidence, even if there were no other eyewitnesses.

Other types of injury cases are tougher to prove.

Medical malpractice, for example, is notoriously difficult to prove in court, even if it is quite obvious that the injuries you sustained were the result of a doctor’s negligence.

That’s because laws are written to support doctors, not patients, and it usually requires a second opinion to prove your case to a jury. Doctors are quite reticent to testify against another doctor, even if the evidence is pretty clear-cut.

In the right attorney’s hands, however, a medical malpractice case is not impossible, but it’s important to choose one that has the financial means to pay for expert witnesses.

Will the potential recovery outweigh the costs of the lawsuit?

One of the most important things to consider before pursuing a lawsuit is the cost of the case – legal fees are usually around 10 percent, and you will invest more time than you can possibly imagine gathering evidence and preparing, although much will fall on your attorney – versus the potential settlement you can expect.

You’re likely to receive expenses for:

•       Medical bills
•       Lost wages
•       Pain and suffering.

If you are likely to be left with expenses after a trial, it’s not worth the time or the additional emotional stress associated with the legal process.

However, each case is different, and whether or not you should pursue a lawsuit depends on the sound advice of an experienced personal injury lawyer.