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January 16, 2019 by

Can a Chiropractor Aid My Healing After a Car Accident?

Personal Injury Doctor

Talking with a chiropractor after a car accident, like a personal injury doctor in Baltimore, MD, is a smart choice for those suffering from aches and pains. Chiropractors can treat people with neck, back, soft tissue and joint injuries. These doctors focus on misalignments related to the musculoskeletal system. They can perform adjustments to your spinal column and other areas as a way to help reduce pain, decrease inflammation, and aid in the healing process.

Keep in mind that you may not feel the true extent of your injuries until days or weeks after the accident. However, just because these symptoms took a long time to be noticed, it doesn’t mean you shouldn’t take them seriously. If injuries that resulted from a car accident aren’t treated within a reasonable time frame, they may become worse and lead to chronic conditions.

What Chiropractors Do

Chiropractors use their hands or a small instrument to manipulate a joint, particularly of the spinal area. The goal of this is to realign joints that were thrown out of placement due to the car accident. Once the spinal column and nearby joints are aligned, the body can begin to work as it was intended. Spinal adjustments can help aid the recovery process by encouraging the body to release its own natural healing properties. When the body is in disarray, it can hinder blood flow and transportation of nutrients to injured areas.

Injuries Can Occur Even in Minor Collisions

In recent years, more research has been done to find out what injuries can develop from lower impact accidents. Whiplash can happen as a result of the head being jolted forward and backward suddenly, even at speeds of only a few miles per hour.

The bumpers of vehicles were made to withstand impacts around 5 MPH, but the human body may not. The human body can still absorb much of the force of impact, causing back, neck and spinal injuries. In some cases, soft tissue damage cannot be readily seen but may accumulate scar tissue as it heals overtime. This scar tissue can cause long-term aches, pains, and stiffness.

Pain Reduction

Chiropractic adjustments can help reduce pain in areas that are damaged or out of placement. It is not uncommon for a patient to experience immediate relief to some degree after their first adjustment, since pain-reducing hormone are often released during the session. For many people, several sessions may be needed in order to adequately treat and heal an injury.

Assists with Injury Claims

Those were were hurt in a car accident due to the other driver’s negligence, can receive guidance from a chiropractor about the claim process. A chiropractor can evaluate your body and its impacts due to the collision. An assessment from a chiropractor can help support your claim, so you get the compensation needed to pay medical bills and satisfy other debts from the accident. If you do not seek medical attention for your injuries, not only may you get much worse but your chances of financial restitution greatly diminish.

Thanks to our friends and contributors from Mid-Atlantic Spinal Rehab & Chiropractic for their insight into chiropractic care.

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January 16, 2019 by

Is it Necessary that I Call the Cops After a Car Accident?

Personal Injury Lawyer

If there is vehicle damage or someone was injured, it is important that you call the cops after a car accident. An officer can arrive at the scene to write an official incident report. When talking with the officer, explain how you saw the accident happen in your perspective. As upset as you may be, try to stick to facts only and never accept blame for the accident. Calling law enforcement is a key step in properly documenting what happened for both insurance purposes and in the event you file a lawsuit.

Q: What can I do to handle the situation?

A: Protecting your health and legal rights is crucial when involved in a car accident, especially if you were not at fault. Notifying the police can be one of the best ways to safeguard your interests. If you are in an accident, consider taking these steps when handling the scene:

  1. Assess your health first. As you get out of the car, take a look around and evaluate yourself for injuries. You may in a state of shock due to the collision. Try to remain calm and focus on whether you need emergency medical attention.
  2. Document damage through photographs. Take pictures of both vehicle damages, and your visible injuries. Do not leave the scene until you have taken pictures and even videos too, as these can be vital pieces of evidence for your insurance claim and lawsuit.
  3. Know what information to exchange. When talking with the other driver, never apologize, admit fault, or make statements about who is responsible. You can debate who is at-fault later through your insurance company or attorney. In the moment, focus on exchanging information such as name, address, insurance carrier, policy number, license plate number, make/model of car, and driver’s license number.
  4. Get a copy of the police report. Once the officer has arrived and taken a report of what happened, ask how you can get a copy of this in the days to follow. In most cases, you can request a copy at your local law enforcement office. To help locate this document, ask for the officer’s name, badge number, and report number.
  5. Get medical treatment immediately. It cannot be emphasized enough how valuable it is to get a medical evaluation after a car accident, and the sooner the better. It can help your case to have a starting point for when your injuries were first examined, and costs associated with treatment. Your attorney, like a personal injury lawyer in Trenton, NJ, can then help you fight for the compensation you need to pay for medical bills.

Q: It is necessary I hire an attorney for my car accident?

A: It is strongly encouraged that you get legal help, particularly for serious accidents where there was substantial injuries, damages, and losses. If you don’t, you may get easily taken advantage of by insurance companies and adjusters. Many victims of car accidents meet with an attorney promptly after the accident for guidance.

Thanks to our friends and contributors from Davis & Brusca, LLC for their insight into personal injury.

Filed Under: Uncategorized

January 16, 2019 by

What is a joint will and can it help me to avoid probate?

Wrongful Death Lawyer

Let’s say you are married and both you and your spouse would like to draft a joint will. In other words, this would enable you both to leave your estate to one another, and eventually your children. Although a joint will is not the only option for married couples, some people do prefer it. This is because a joint will allows the spouse to inherit the entire estate after the other spouse passes away. However, there are many things to consider before choosing this type of will.

Understanding a Joint Will

A joint will is a will that has been jointly drafted, or executed, by at least 2 parties. Although a joint will could be drafted by an entire family, for example, when it is used, married couples tend to be the drafters. Once both spouses die, their children will receive the estate. Unlike a mutual will with reciprocal provisions, a joint will does not included this.

How a Joint Will Can Have Legal Repercussions

A joint will is considered to be a legal contract. It cannot be changed by just one of the parties in the will. Rather, both have to be involved. So, for example, if the will is to be revoked or modified, each spouse must mutually do so. Once one dies, the joint will cannot be modified or revoked. This is true even if the other spouse remarries or would like to update the will in anyway.

Today, very rarely are joint wills used. This is because there are so many potentials for problems to occur and very few advantages. Go back five or so decades and joint wills were preferred because they saved time and money. Because wills can be easily drafted by a lawyer, the real advantages to a joint will are slim.

One of the most notable problems with a joint will is the surviving spouse will be unable to alter the terms in anyway – regardless of any circumstances that could arise after their spouses death. Another problem may be when the surviving spouse would like to disinherit one of the beneficiaries due to any reason thinkable. They cannot do so if their spouse has died. Nor can they do so if their spouse is alive, but is against this decision.

Finally, if the joint will was created many decades ago, and a spouse died soon after the drafting of the document. The surviving spouse can still be obligated to adhere to the terms of the will – even if they have remarried, had children, and so forth.

Does a Joint Will Need to Go Through Probate

In general, the surviving spouse of a joint will does not need to probate the estate. Rather it will pass immediately to them once their spouse has died. When the remaining spouse dies, and the estate goes to the beneficiaries, the will does need to go through the probate process.

A joint will is not the only way to transfer your property and assets to your spouse, or any other party. If you are concerned about probate, and do not want your spouse to have to go through the probate process, after your untimely death, it is advisable to talk with Memphis probate and estate administration lawyers to find out about your options.


Thank you to our friends and contributors at Patterson Bray for their insight into estate planning and probate for a joint will.

Filed Under: Uncategorized

January 15, 2019 by

How Do I Ask for Workers’ Compensation?

Workers Compensation Lawyers

Getting injured on the job or becoming ill as a result of your work is not something that anyone looks forward to. Aside from the physical pain that an injury or illness can cause, it can cost you monetarily as you miss work and find yourself paying for medical bills and treatment. That is why each state has something called Workers’ Compensation, a benefit system that employers pay for so that, should one of their employees be injured on the job or become ill as a result of the workplace, their employee is covered.

Typically workers’ compensation covers medical bills, rehabilitation or physical therapy, retraining, and even some of your wages should you be unable to return to work.

I was injured while working or am ill as a result of my job, how do I ask for workers’ compensation?

Here are a few steps that you can take if you are looking to collect workers’ compensation:

  1. Report the injury or illness to your employer. You’ll want to do this as soon as possible after the injury or illness occurs in order to insure that you do not miss any deadlines that your state may have set for declaring personal injuries. You can do this on an employer-provided form, but if one is not provided to you, you should be sure to have record of the date, time, and person to whom you reported your injury.
  2. Keep record of the names, addresses, and other pertinent information of any and all witnesses to their accident or to the conditions of your workplace.
  3. Get your injury or illness checked out by your doctor. You do not have to wait to receive medical attention just because you’re waiting for workers’ compensation. Be sure to be accurate and specific with your medical professional, so that they understand the accident that caused the injury or the workplace conditions that you think could be the cause of your illness.
  4. Make a copy of your doctor’s advice, restrictions, and treatment. Keep that copy for your own records and give the original document to your employers for their records.
  5. If you are missing work, be sure to keep track of all of the time that you missed. Be sure that this time is accurate.
  6. If you do not receive workers’ compensation benefits within a reasonable time period, you may want to contact a workers’ compensation lawyer to address the delays.

Typically, an employee does not have to prove that their employer was responsible for the injury in order to begin collecting workers’ compensation. Accidents happen in the workplace regardless of who was at fault. In fact, one of the benefits of workers’ compensation is that there is no blame-game involved.

There are however some instances in which an employee may not be eligible to collect workers’ compensation for their injuries. Those include injuries sustained while the employee was intoxicated or using drugs at the time of the injury, injuries that were self-inflicted, injuries that were sustained while the employee was initiating a fight, or injuries that were suffered while the employee was not at work. There are always exceptions to these circumstances.

If you or someone you know is having trouble with their workers’ compensation claim, it could be beneficial to speak with an experience attorney who could assist you. Call a workers comp attorney New York trusts today to discuss the specifics of your case and find out what benefits you could be entitled to.

 


 

Thank you to our friends and contributors at Polsky, Shouldice & Rosen, P.C. for their insight into workers compensation claims and how to ask for your compensation.

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January 15, 2019 by

Can I Take Legal Action Against My Landlord for Asbestos Exposure?

Personal Injury Lawyer

If you live in a rental home and you suspect the presence of asbestos, do you have any legal recourse? If the asbestos has not been disturbed, Federal law does not require the landlord to disclose its presence because in its undisturbed state it is not dangerous. If the material that includes the asbestos has started to deteriorate, particles of asbestos can become airborne and that is where its presence becomes a serious health hazard.

State laws may differ, but Federal OSHA laws will always apply. The OSHA is the minimum required law and states can choose to make the laws harsher.

What Does OSHA Require of Landlords?

OSHA regulations assume any building built prior to 1981 contains asbestos. Every building built before then is legally required to be tested for asbestos. If a landlord has ten or more employees or hires subcontractors to make repairs to the buildings, the owners are required to make sure the building is safe from exposure to asbestos. Even if the asbestos material has not been disturbed, the building still needs to be tested by a professional and if present, this needs to be disclosed to tenants.

If for some reason the landlord has not had an inspection for asbestos, he is still obligated, by law, to disclose to the tenants that the presence of asbestos in the building is not known.

Just Because Asbestos is Found Does Not Mean it Must Be Removed

Asbestos is contained inside materials like vinyl tiles, wrapping ductwork, and older insulation. It is only dangerous when it becomes disturbed and airborne. This occurs when the materials are old and start to deteriorate or if construction is being done and the material is disturbed.

If the asbestos is contained and not in any danger of getting into the air because of deterioration and the inspection report shows that it is not required by law to be removed. If there are activities in the area that may, at some point, disturb the asbestos material, the law will require the landlord to inform its tenants of the presence of the asbestos an that it could at some point be dangerous.

What Recourse Do I Have if Asbestos is Found to Be a Dangerous Hazard?

If you are a tenant and find out about the potential hazard of asbestos where you live, your options are varied depending on if the landlord informed you of its presence when you signed the lease. If the asbestos is airborne, the tenant can:

  • Threaten to break the lease or discount the rent until the asbestos threat has been remedied. This can be done legally through the concept called ‘warranty of habitability’ meaning it is implied when you sign the lease that the property is livable.
  • Remain in the rental unit. If the landlord has disclosed the asbestos issue the tenant cannot sue the landlord at a later date if the asbestos is not removed unless the owner says they will remove the asbestos and then does not follow through.

So really your choices are, leave or pay a reduced rent unless the landlord removes the asbestos. The landlord then has to decide which is more financially feasible for him or her — the lost rent or the cost of remediating the asbestos.

If the landlord knew about the airborne asbestos and failed to notify the tenants or did nothing to fix the problem, the tenant has the right to sue the landlord for compensation and damages for injuries resulting from the exposure. If this sounds like your situation, contact an attorney with experience in asbestos exposure and asbestos removal offers to talk about the next steps to take.


Filed Under: Uncategorized

January 15, 2019 by

Probate In’s and Out

Estate Attorney

Losing a loved one can be difficult for any family to process. Though, in many cases, there are warning signs prior to the passing of an individual. Your loved one may become ill in the days preceding their death, allowing you for time to prepare for the scenario. However, that is not always the case. All too often accidents may take the life of a family member or friend unexpectedly. Because of these unpredictable events, it is recommended to develop a will while you are still in good health to ensure your assets are distributed according to your wishes. Each state will have their own specific laws regarding estate planning. For example purposes, this article will examine the law around probate.

The Last Will and Testament

Though, there are means of estate planning that allow for probate avoidance, a will for example, will need to be approved by the Virginia Circuit Court during probate in order to be executed. If the deceased had a residence, real estate, or estate assets in a city or county in Virginia, the Virginia Circuit Court will have jurisdiction over the probate process. If an individual dies while living in a nursing home, their legal residence will be considered the residence prior to the nursing home.

After an individual passes, their last will and testament will need to be verified as authentic by the court. In estate planning, the individual who the will belongs to is known as the testator. In order for the will to be valid, the will must be in the handwriting of the testator or an approved person under the authorization of the testator, and signed by either the testator or the approved party; this must be completed in the presence of two witnesses. In Virginia, if the court believes the will meets these requirements, it is known as a holistic will. Provided the holistic will is accompanied by a proper affidavit, the will shall be considered a self proving will and should not require the testimony of the two witnesses.

This summation of a last will and testament is brief; special circumstances arise frequently in all forms of law. Therefore, it is recommended to seek the advice of a professional estate planning attorney to aid in the process of developing your will. Contact an estate planning attorney familiar with the laws of your specific location, since laws will vary state by state. The attorney, like an estate attorney in O’Fallon, MO, may be able to help provide guidance in the formulation of your will so that it may meet the requirements of self proving will.

Thanks to our friends and contributors from Legacy Law Center for their insight into estate law.

Filed Under: Uncategorized

January 15, 2019 by

What If My Workers’ Compensation Claim is Denied?

Workers Compensation Lawyer

When a job-related injury occurs, worker’s compensation is meant to provide a financial safety net for employees to seek treatment. However, legitimate claims are often denied, and the process of acquiring the financial resources you are entitled to is tedious and confusing. If your worker’s compensation is denied, the first step is to pinpoint the reason for the denial.

There are many reasons why coverage is rejected, and unfortunately many are simple administrative mistakes. The Worker’s Compensation System is composed of very specific rules, unforgiving deadlines, and particular paperwork that must be taken into account. If any of these aspects are overlooked or improperly submitted, you are more likely to have your claim denied. Insurance companies are required to clearly state in their Notice of Denial which claims they are denying, and why they are denying them. Oftentimes if your claim is rejected simply because there is information missing, a quick call to the insurance office can amend these mistakes.

While laws and regulations vary in each state, some common situations where workers’ compensation claims are denied include:

  • The Injury Wasn’t Reported in Time

You must report your injury as soon as reasonably possible in order to receive benefits. Many states require that your employer is formally notified within 30 days, although some accept notifications after if the employer was informed verbally.

  • The Report Wasn’t Filed in Time

Unfortunately many people do not understand that reporting and filing a claim are different processes. The Statute of Limitations period is the formal deadline for filing your worker’s compensation claim. If it is missed, the insurance company can rightfully reject your claim.

  • The Injury Did Not Occur on the Job Site

To receive workers’ compensation, you must be injured while performing your duties on the job site. If the injury happens before or after work, or even on your lunch break, your claim will be rejected.

  • You Were Incoherent When Injured

If you were injured and any sort of proof arises that you were under the influence of drugs or alcohol, then your worker’s compensation will most certainly be denied. Furthermore, if proof is found that you were roughhousing or being careless on the clock, your claim will also be rejected.

  • Insurance Will Not Cover Your Condition

The conditions covered by each state can widely vary. Some states don’t cover strains and sprains, even if you have to miss a few days of work because of them. Many states also initially deny mental health claims like PTSD. To receive coverage, you have to link your mental health issue to a specific work-related event.

Appealing Your Denial

Having your workers’ compensation denied for these reasons or any other is disheartening. If you have any evidence that your claim was fraudulently denied, or if you are at the fault of an administrative error, you can request a complaint form and your case will be considered again.

Reopening Your Claim

If new evidence is found that proves your work-related injury, or if your current injury worsens, you may benefit from reopening your workers’ compensation claim. There are time limitations for reopening a claim that of course, vary from state to state. Some cases are also considered finalized when you receive insurance and a formal release is signed.

Requesting an Administrative Hearing

If you find that the insurance company is being lackadaisical in processing your claim, or if you disagree with their decisions entirely, requesting an administrative hearing is a logical next step. Rather than working with your employer or insurance company, your case will be presented in front of an administrative judge, so you must be ready to argue your situation and provide evidence.

Ultimately, whatever step you decide to take will be best guided by a lawyer, like a workers compensation lawyer in Milwaukee, WI. Although the process can be timely and expensive, a workers’ compensation lawyer that you trust can help you acquire the benefits you are entitled to, and save you out of pocket medical payments in the long run.

Thanks to our friends and contributors from Hickey & Turim for their insight into workers’ compensation.

Filed Under: Uncategorized

January 15, 2019 by

Workers Compensation Law

Workers Compensation Lawyer

Did you know that you can get advice from a workers compensation attorney following an accident on the job, or the development of a workplace illness? Unfortunately, many people don’t realize this and will accept a lower amount of benefits when in fact they could have gotten more – even with the legal fees.

Do You Qualify for Workers Compensation?

Most likey, you will qualify for workers compensation. There are a small number of employees who will not be able to receive these benefits. For example, if any of the following applies, you may not be eligible.

  • You are a volunteer
  • You are an independent contractor
  • You work on a farm that employs less than a certain amount of people
  • You work for the Federal Government

If the above applies, there may be alternative options for you. For example, federal workers have their own programs or it may be possible to file a third party claim. If you are not eligible, or you cannot file a claim, the state may provide underinsured or uninsured programs. Your attorney, can discuss all of your options with you during your free consultation.

There Are Deadlines

When it comes to filing for workers compensation benefits, there are a number of deadlines that must be met. Many of these are short, less than 60 days, and if you miss them you could delay your ability to get benefits or lose them all together. If you’ve never filed for your workers compensation benefits, have been denied, or would like to know what type of claim you should file, we encourage you to give our firm a call as soon as possible.

Situations That May Require the Help of a Workers Compensation Attorney

The workers compensation system has been designed so that anyone can file a claim, but doing so may be another matter. The truth is that unless you have a very simple, straightforward case, you risk encountering a number of challenges which can slow down the entire process. Furthermore, one mistake on your forms could cause you to be denied. If this happens, you’ll need to appeal the case which is often very tedious.

A majority of cases we handle are accepted on contingency. This means there might not be any upfront fees for you. To get started, please call a workers compensation lawyers from Law Offices of Franks, Koenig & Neuwelt, who can help you take proper steps toward getting their surveillance evidence tossed out. 

Filed Under: Uncategorized

January 13, 2019 by

Common Mistakes Made in Workers’ Compensation Cases

Workers Compensation Lawyer

If you have been injured at work, the last thing you want to do is make a misstep that could impact your workers’ compensation case. Facing injuries from a work related accident could have a devastating impact on a victim. Not only could challenges faced stand to impact you physically and emotionally, the financial impact from possible lost wages can be detrimental to the life you once knew. Speaking with a workers’ compensation attorney may help when avoiding these common workers’ compensation mistakes:

Mistake #1 Failing to Report the Injury

After an injury, it’s important that you report the accident to your employer. By failing to do so, you put yourself at risk. By waiting too long to report an injury, your employer may question the validity of your workers’ compensation claim. The longer you wait, the more challenging it can be to prove your case, and ultimately receive the benefits you may be entitled to.

Mistake #2 Not Seeing a Doctor

Not seeking medical care after an accident, may make it more difficult to prove not only the severity of your injury, but that your injuries were directly related to the accident you obtained while at work. It’s important to seek medical care, not only because key evidence can be provided, but also to ensure that you receive the proper treatment for your injuries.

Mistake #3 Going Against Medical Advice

If you seek medical attention and do not follow the doctor’s recommendations, your injuries may worsen as a result. Additionally, it may not help in proving that you were impacted from the accident. Failing to follow medical advice may cause your workers’ compensation claim to be denied.

Mistake #4 Not Keeping Proper Track of Documentation

Workers’ compensation can be overwhelming. Don’t rely on your employer to retain evidence to support your case. Throughout your case, begin gathering documentation that will help support your claim for workers’ compensation.

Mistake #5 Not Consulting with an Attorney

An attorney can not only strategize should action be necessary, they will also work to protect your interests. Although in some cases, an attorney may not be required, you may want to at least consult with them to ensure that you are on the correct path. Some never speak with a workers’ compensation attorney because they believe their case is fairly straightforward, or that they can handle their case on their own. Many accident sufferer’s choose to handle their case on their own because they do not want to shoulder the expense of an attorney. In many cases, an attorney will provide complimentary consultations and may even work with you on a contingency basis. An attorney may be useful in maximizing the settlement you may be entitled to and helping to avoid any missteps.

To be injured on the job can not only be devastating for an employee, it can also be frustrating, especially if the accident was the result of an employer’s negligence. Workers’ compensation benefits may have the ability to help an employee who has been injured at work. Despite this, it may be beneficial to at least consult with a work injury lawyer first to ensure that you are taking the necessary steps following your accident.

If you have questions about your specific case, please contact a workers’ compensation attorney at Franks, Koenig & Neuwelt today to learn more.

Filed Under: Uncategorized

January 12, 2019 by

How to Know if You Have a Personal Injury Case

Personal Injury Lawyer

So you’ve been in an auto accident, your body is in pain you have never felt before, your vehicle is damaged, and you are going to be out of work for who knows how long. There is a possibility that you have a personal injury case. If you are not at fault, and decide that you want to be compensated for these damages, you are able to file a personal injury lawyer in Atlanta, GA against the liable party. You must, however, know and understand that the accident cannot any fault of your own, you should be a victim of a personal injury, and what was loss or harmed can be remedied by money.

Although all these things may be true, it is the job of insurance adjusters to payout as little as possible to another party for insurance claims. They do not want to give away money, no matter if their insured was at fault. Personal injuries do not stop at a physical injury; these are also mental, and emotional injuries. Along with the need of an injury, you must not have caused the personal injury on yourself. If someone else’s carelessness caused this injury they are held liable. Drivers have a duty to drive carefully on shared roads, if they fail to do so and cause an injury to another party they are responsible for damages.

While it is best to speak with a skilled personal injury attorney, not every case is brought to the courtroom. In most cases, insurance companies settle before going to court to avoid the possibility of owing more money. So while may not need an attorney to appear in court, you will need a knowledgeable attorney that is able to negotiate on your behalf. Medical bills, bodily harm, emotional pain and suffering, and any thing that has been affected due to this accident, such as loss of income, can be compensated.

If you believe you or a loved one has suffered from a personal injury, speak with an experienced personal injury attorney Dekalb County, GA offers immediately. The longer you wait is not better. Personal injury claims typically must be filed within two years of the incident, and although you may not feel or see pain immediately, it is likely that you have suffered. Do not wait to seek medical attention and speak with an attorney that will be able to dissect your case and tell you what you need to do to get back to your normal self.


Thank you to our friends and contributors at Andrew R. Lynch, P.C. for their insight into personal injury cases and how to know if you have a valid case.

Filed Under: Uncategorized

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