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December 17, 2018 by

INJURY DUE TO A DEFECTIVE CAR

Personal Injury Lawyer

After driving a new car off of the lot, there are several things that are going through your mind. Such as road trips, or even giving your new car a new name. What is furthest from your imagination is the car you purchased giving out on you and causing you bodily harm. When you sustain an injury due to a vehicle malfunction, there is a clear liability that does not need to be proven as if there was a regular motor vehicle accident. No matter what practical or proper procedures the vehicle manufacturers took to design the vehicle, because of strict liability, they are responsible regardless. Strict liability occurs despite the negligence or carelessness of a person or establishment. This means the individual or business had a duty uphold and that was dismissed, causing damage to a life, person, or property.

If you were using the vehicle for its sole intent and an injury was sustained by this. For example, say you are driving in your car, and there was an issue with the vehicle that you were not warned about beforehand and there was no warning sign to your knowledge, following the purchasing of the vehicle. Or, there was a defective part that worsened sometime after you pulled the car out of the lot. And either of these issues caused harm to you or a passenger in the car.

The longer the vehicle has been in your position, the lesser your changes of a larger claim. There are certain parts of the car that are covered by warranties because they are not intended to last forever; these warnings and warranties are normally conveyed during the sale. Which means your case weakens. In the event that this cannot be used against you or your case it is likely that you can be compensated generously.

When you are injured in an automobile at no fault of your own, but in fact due to the fault of the vehicle manufacturer, it is important to seek medical attention as soon as possible. After seeking medical attention for your injuries, speak with a skilled personal injury attorney, like a personal injury lawyer in Dekalb County, GA, in your area that will be able to gather all of the information pertinent to your case and fight for you in or outside of a courtroom. It is not easy to prove these types of cases, as vehicle manufacturers typically have insurance companies on their team that is willing to fight hard on their behalf. Do not wait until it is too late, you deserve to be compensated for your injuries, pain, and suffering.


Thanks to our friends and contributors from Andrew R. Lynch, P.C. and their personal injury lawyer in Atlanta, insight into defective car products.

Filed Under: Uncategorized

December 17, 2018 by

Healing Broken Bones from a Slip and Fall Accident

Slip and Fall Lawyers

Thousands of people injure themselves in slip and fall accidents every year. Many of these accidents occur due to hazardous conditions, like liquid spills, icy sidewalks and loose carpeting. One of the most common injuries slip and fall accident lawyers see in their clients are broken bones. Breaking a bone, whether it’s in your arm or leg, can be incredibly painful and take a while to recover from. If you broke a bone from a slip and fall accident, here are some recovery tips.

Eat a Nutritious Diet

If you are trying to heal a broken bone, it becomes even more important to eat a healthy diet. A bone requires adequate nutrition to make a full recovery. Be sure to include fruits, vegetables, lean proteins, whole grains and low-fat dairy products in your diet. Try to limit your consumption of junk foods, like pizza and candy, as they offer little nutritional value and will do nothing to help the healing process.

Quit Smoking

If you are a smoker, it’s a good idea to quit the habit right now. Smoking tobacco can reduce blood flow to the bone, so it won’t receive the nutrients it needs to heal properly. If you continue to smoke, it will take much longer for your broken bone to heal. Quitting right now can help your bone recover faster and improve your overall health.

Take It Easy

When you are dealing with a broken bone, it’s best to take it easy until you fully recover. That means avoiding strenuous activities and getting as much rest as possible. If you feel tired in the middle of the day, don’t hesitate to take a nap. Proper rest can speed up the healing process.

Listen to Your Doctor’s Advice

After you see a doctor for your broken bone, he or she will recommend a treatment, such as wearing a cast or surgery. It’s important to follow your doctor’s instructions carefully. If you remove a cast too early or do too much activity before your doctor says it’s okay, you can delay the healing process.

Pay Attention to Issues

As your broken bone is recovering, it’s important to look out for possible complications. If you have color changes in your skin, a fever, numbness or more pain than normal, it indicates that something is wrong. Call your doctor right away and have him or her assess your injury. If you ignore these symptoms, they can get worse and your broken bone won’t recover.

If you were injured in a slip and fall accident that was caused by someone else’s negligence, you should talk to a slip and fall lawyer turns to. You may be eligible for compensation. A personal injury lawyer can review your case and help you file a claim in a timely manner. He or she can also help you gather the necessary evidence to prove your claim and negotiate with insurance companies.

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December 15, 2018 by

3 Unique Aspects of Brain Injury Cases

Car Accident Lawyer

A traumatic brain injury (TBI) is unlike any other injury. An external traumatic brain injury occurs when a force penetrates or fractures the skull. An internal traumatic brain injury may occur by blunt-force trauma, such as a blow to the head or a car crash. Either way, brain injuries do not heal in the same manner as broken limbs and lacerated skin. Sometimes, a brain injury isn’t even immediately recognizable. Read on to discover 3 unique aspects of brain injury cases.

  1.   Loss of Consciousness May Not Occur

Loss of consciousness is not a prerequisite to TBI, though it certainly can be one of the largest indicators that a head injury as occurred. Even if the person does not lose consciousness, they may still have a minor head injury, like a concussion. A moderate brain injury is defined as a loss of consciousness from 20 minutes to 6 hours. A loss of consciousness that lasts longer than 6 hours is considered a severe brain injury.

  1.   Falls Account for the Majority of TBI’s

Falls are the leading cause of traumatic brain injuries. These falls disproportionately affect young (0-14 years old) and old (over 65 years old) populations. Often these victims fall from bed, ladders, stairs, or in the bath.

Being struck by or against an object is the second leading cause of TBI, followed by motor vehicle crashes.

  1.   Variety of Treatment Options

Traumatic brain injuries are each so unique that, depending on the severity of the injury, a variety of treatment options are available for patients.

Initial Treatment: is the first type of treatment used to stabilize a patient immediately following a traumatic brain injury. The patient will continue to be monitored by nursing staff and may even be assigned a psychologist and trauma social worker.

Acute Treatment: is used to minimize secondary injury and life support. Sedation, medications, and mechanical ventilation may be used.

Surgical Treatment: the goal of surgical treatment is often to minimize swelling and pressure in the brain cavity. A bolt or other monitoring device maybe placed in the skull to monitor pressure. If there was bleeding in the brain cavity, it may be surgically removed or drained. Vessels, tissues, and fractures may also need to be repaired.

Rehabilitative Center Treatment: in rehab, the goal is to continue to stabilize the patient medically, prevent secondary complications, restore any lost functional abilities, and encourage functional independence.

If you think you may have suffered a brain injury due to an auto accident, contact an experienced car accident lawyer  turns to today to determine what sort of damages you may be entitled to for your injuries.

Filed Under: Uncategorized

December 13, 2018 by

When a Brain Injury Accident Happens, Contact an Attorney

Personal Injury Lawyer

If you have recently faced financial loss and physical agony over a brain injury accident, then you can rely on the experience of an attorney. This is particularly true for those who have been victims in an accident, where another person caused the brain injury. If this rings true for your situation, please do not hesitate to reach out so an attorney can tell you more about how they can help.

Sometimes accidents happen just due to bad luck. But other times, we become the victims in incidents that unfolded due to another person’s behavior or negligence. If you believe a company, entity or individual may have played a part in your brain injury accident, we highly emphasize the importance of meeting with an attorney immediately.

How Brain Injury Accidents Happen

The most common scenarios in which brain injuries can occur are when the victim has suffered a heavy blow to the head either due to force or an object. Situations where brain injuries are more likely to happen can be from car accidents, workplace accidents, sports or recreational activities, physical assault, or falls.

An example of a brain injury in the workplace where the employer may be held responsible, is when an environmental hazard or flaw was not attended to in a proper manner and had resulted in the employee suffering an accident. If you are unsure whether another party may have had an influence in your brain injury, an attorney can provide a consultation to help figure that out.

Seeking Medical Attention

It is strongly recommended that someone who thinks they may have a brain injury, finds a way to the nearest hospital. You may need to call 911 for an ambulance ride, or have the person who is with you take you to the emergency room. You may not want to drive yourself, as a couple primary symptoms for brain injuries can include losing consciousness and impaired motor and cognitive skills. All three of those functions are required in order to get to the doctor safely.

If you are considering filing a lawsuit against the person responsible for your brain injury, start creating a file with paperwork and receipts related to the extent of your injuries, damages and losses. Documents such as the following can be helpful during meetings with an attorney:

  • Official police report or incident report from employer (if the accident was vehicle-related or occurred at the workplace)
  • Statements for what you had to pay for emergency care, diagnostics, treatments, prescription medication, etc.
  • Witness names and contacts who were present when the accident happened

If any of the above information applies to your situation, please a brain injury lawyer Memphis, TN trusts promptly to book your consultation with an attorney. They want to help you overcome such a terrible accident, and see that the person at-fault is held accountable.

 


 

Thank you to our friends and contributors at Darrell Castle & Associates, PLLC for their insight into personal injuries and brain injury claims.

Filed Under: Uncategorized

November 27, 2018 by

Whiplash After an Auto Accident

 

Whiplash is one of the most common injuries suffered in car accidents and often occurs when the neck is jerked back and forth suddenly. Common symptoms of whiplash include neck pain and stiffness, dizziness, fatigue and tingling in the arms. However, these symptoms might not become obvious until days after the accident. That’s why many cases of whiplash don’t get treated soon enough. Car accident lawyers share some important information about whiplash injuries below.

 

Steps to Take After Suffering Whiplash

 

If you recall your neck getting jerked back and forth during the car accident, you may have suffered whiplash. However, because of all the adrenaline you have from the accident, you may not feel any pain at all. That doesn’t mean you shouldn’t take the injury seriously. When the adrenaline wears off, you may experience even worse pain.

 

The best thing you can do is get examined by a doctor as soon as possible. Even if you don’t feel pain right now, you never know if you will experience it later. It’s better to be safe than sorry. A doctor will examine the extent of your injury and then recommend the appropriate treatment.

 

How a Doctor Can Help

 

The type of treatment your doctor recommends will depend on the severity of the whiplash and how extreme your pain is. For example, if the injury is pretty minor, your doctor may just recommend avoiding strenuous activities for a while and doing stretching and strengthening exercises at home. However, if the whiplash was more severe, physical therapy or chiropractic treatments may be necessary. Your doctor may also have you wear a neck brace and prescribe pain medication to alleviate some of the discomfort.

 

Treating Whiplash at Home

 

In addition to medical treatments, there are ways to take care of your whiplash at home. Here are some self-care tips your doctor may suggest:

 

 

  • Use Ice: Your neck may experience a lot of swelling for the first day after the accident. Applying an ice pack to your neck several times that day can reduce a lot of that swelling and help you feel better.
  • Take It Easy: To help your injury heal faster, it’s important to get plenty of rest. Make sure to get at least eight hours of sleep every night and avoid doing strenuous physical activities.
  • Pay Attention to Your Posture: When you have a whiplash injury, it’s easy to slouch to try to reduce your pain. However, bad posture can make your injury worse over time. It’s important to always sit up straight with your shoulders pulled back.

 

 

Getting Compensation and Treatment for Whiplash

 

If you suffered a whiplash in a car accident that was another driver’s fault, you may be entitled to compensation. It’s important to talk to a car accident lawyer as soon as possible to discuss your legal options, as well as a neck pain doctor offers to start your recovery.

 

 

 

Filed Under: Uncategorized

November 26, 2018 by

I use social media, is there anything I should know about posting on social media after a personal injury claim has been filed?

Personal Injury Lawyer

Do you use social media on a regular basis, or perhaps you only check in every now and then? Regardless of how much you use social media, if you have been in an accident and are considering filing a legal claim, you should review the following tips from a personal injury lawyer. From this point on, it is important to understand that whatever you post on social media platforms could adversely affect your case.

 

Insurance companies and opposing legal counsel can sometimes obtain permission to review your social media posts and photos. If your profile is public, they can do so without the permission of a judge. Depending on the circumstances of your case, these parties may go through great lengths to obtain information that skews your case. For instance, if you are applying for workers compensation, your employer might review your social media. Should you be dancing on Friday night when you’ve claimed a hip injury at work, you might have problems recovering compensation.

 

As a personal injury lawyer we tend to advise clients to deactivate their social media accounts for the time being, or at minimum not use them. We know this is not always possible and suggest keeping a private, handwritten journal that is related to your accident. This should be kept private and entirely off of social media.

What You Should Not Do on Social Media

 

If you personal injury claim is active, or ongoing, it is recommended that you do not:

 

  • Post any information about your accident
  • Post photos or content that suggests you injuries are not as bad as you claim
  • Make comments that could be perceived as you accepting fault, or partial fault, for the accident
  • Make comments that put blame on another party
  • Badmouth, insult, or put down any people, companies, or entities that could be involved in the case.
  • Accept any friend requests from someone you do not personally know. It is not uncommon for insurance companies to create “fake” profiles for the express purpose of monitoring your posts.

What You Should Do on Social Media

 

Just as there are things you absolutely should not do on social media, there are also proactive steps you can take to safeguard the information contained on your social media account. In doing so, you can feel confident that insurance companies or opposing lawyers who may be building a case against you cannot access your social media accounts (unless they obtain permission by you or a judge). If you will be using social media after an accident, you should:

 

  • Review your privacy settings often. Go through your social media accounts and set them to private. While your case is active, refrain from accepting friend or follow requests from anyone you do not know.

 

  • Set ground rules for your friends, followers, and family. Be sure to send a private message, or call these people, about the situation. Ask them to refrain from tagging you in any posts. Even if an investigator cannot review information on your own pages/profiles, they might obtain details from other accounts connected to yours.

 

  • Think before you post. There is a very fine line between what is public and private on social media – and the internet as a whole. In general, it is better to be safe than sorry. Before you post anything, take time to think about it. If you are unsure, it’s probably not wise to post it.

 

  • Ask a personal injury lawyer if you have questions. If you were involved in any accident that could involve negligence, and you think you might have a legal case, you should consult a personal injury lawyer Salt Lake City, UT trusts as soon as possible.

 

Thank you to our friends and contributors at Rasmussen & Miner for their insight into personal injury claims and social media.

Filed Under: Uncategorized

November 24, 2018 by

Why an Attorney Is Beneficial To Your Brain Injury Case

If you or a loved one is the victim of an accident that caused a brain injury, the struggle to maintain your daily activities can be extremely difficult. The victim of a traumatic brain injury likely faces temporary or permanent damage that can result in economic and non-economic losses. When someone else is the cause of your brain injury through an intentional tort or through negligence, you have the right to seek compensation for your personal losses. Filing a personal injury claim can help you with your losses. While a case may seem cut and dry when you know another person injured you, personal injury lawsuits can quickly become complex and there is a great deal of legal knowledge that you must have. Because of this, it can be extremely beneficial to have an attorney on your side to walk you through the process of a personal injury claim and discuss the options that are right for you.

How Will an Attorney Help My Case?

There are a few reasons you should have legal assistance when filing a personal injury claim for your brain injury. These are:

  •      Determining Your Damages
  •      Proving the Person’s Negligence, and
  •      Being Faced With Contributory Negligence Claims

Determining Your Damages.  It can be particularly hard for someone without a legal background to come up with a proper amount for their injury and determine the exact damages they are seeking. However, a lawyer can help you decide if you are seeking damages for:

  •      Pain and Suffering
  •      Medical Bills and Costs
  •      Loss of Income
  •      Loss of Life Enjoyment, and
  •      Physical and Emotional Trauma

Especially for the non-economic damages, it can be particularly hard to place a price tag on them. However, an attorney can help determine the cost of your intangible losses.

Proving the Person’s Negligence. This can be particularly tricky in some cases. To win your personal injury case, you and your attorney must prove that the defendant acted negligently in some way and caused your brain injury. To do this, you must gather the appropriate evidence through witnesses, potential police reports, and consultations with a medical professional. A lawyer can gather this type of evidence and ensure they are from professional and reliable resources to give you a strong case.

Facing Contributory Negligence Claims. In brain injury cases, like many personal injury cases, the responsible party will often try to assign partial blame to you. This can help show a court they were not fully liable for your injuries. When you are accused of contributory negligence—and if it is successful—some states will not allow you to recover any kinds of losses for sharing responsibility. An attorney can be helpful in making the proper defense against this kind of claim.

Finding the Right Attorney For Your Brain Injury Case

It not only helps your case to have a legal ally, but it is imperative that you have the right legal ally for your case. This can make your brain injury claim more effective and it can help combat accusations from the defense. If you are looking to speak with an attorney who can help with your brain injury claim, call a brain injury law firm Woodland Hills, CA relies on today.


Thank you to our friends and contributors at Barry P. Goldberg for their insight into brain injury cases and the benefits of having an attorney.

 

Filed Under: Uncategorized

November 19, 2018 by

What is an insurance lawyer?

Personal Injury Lawyer

There are many different types of insurance. As individuals, you can have homeowners insurance, auto insurance, health insurance, flood insurance, or jewelry insurance just to name a few. We all know how insurance works. You agree to pay money (known as a premium) to a company who promises to pay or reimburse you when an incident occurs. This could be a car accident, an unforeseen weather event, or an illness.

Sometimes, filing an insurance claim may not go as smoothly as you’d like and you need the help of an insurance lawyer. In this post, you’ll learn what an insurance lawyer is and why they are important.

What is an insurance lawyer?

There are typically three types of insurance law that requires the services of an insurance lawyer.

An insurance defense lawyer may be required if you are being sued for something related to your insurance contract. These defense lawyers tend to be local attorneys who work with the insurance company and are provided to individuals by their insurance companies (rather than you having to go out and find your own lawyer). While they are paid by the insurance companies, they work on behalf of the insured person. For example, if you are being sued by a driver who was hurt as a result of a car accident you were involved in, your auto insurance would hire an attorney to represent you.

Secondly, insurance lawyers help you figure when your insurance company needs to pay a claim. If you believe you are entitled to more compensation or if your claim is not being handled in the way you’d like to be handled, you can reach out to an insurance lawyer for help.

Finally, an insurance lawyer will make sure that your insurance company is following all your state’s laws and regulations when repaying your claim. While this might seem like a small thing, it can actually make a difference to ensure you are getting what you are legally required to receive.

Insurance lawyers can touch a variety of types of insurance. Because of the nature of their work, most insurance lawyers are familiar with many different aspects of insurance law including car accidents, malpractice, life insurance, or personal injury. Insurance lawyers generally only practice on private insurance, not government run insurance. Government run insurance includes things like Social Security disability, unemployment, and workers compensation.

Why you need an insurance lawyer

An insurance lawyer can answer any question you have about your claim and can give you legal advice regarding your case. They can represent you in court and deal with the insurance companies on your behalf.

Insurance claims can be long and complicated. They typically require a lot of research, paperwork, and phone calls to your insurance company. An insurance lawyer can take care of all the details for you so you can have peace of mind knowing that your claim will be handled right. A good insurance lawyer  trusts will work to get you the best result possible for your claim.

 

Filed Under: Uncategorized

November 17, 2018 by

Limousine Safety Issues

Car Accident Lawyer

The Schoharie, New York State limousine crash that killed 20 people raises many safety issues and concerns.

Reports have stated that the driver had an improper license, that the limousine company had failed prior inspections, and the limousine was determined to be unsafe.

On September 29, 2018 the 2001 Ford Excursion limousine sped down a rural highway, through a stop sign, into an unoccupied car and killed 17 occupants and the driver, and 2 pedestrians. All of the 17 passengers who died were between 24 and 34 years old. This was the worst transportation related accident in the country since 2009, as a car accident lawyer Phoenix, AZ residents count on knows only too well.

The company was Prestige Limousine Chauffeur Service. Shortly before the crash one of the passengers sent a text, that she was concerned about the condition of the car.

New York State officials stated that the company’s vehicles had failed several inspections. It has been reported that the New York State Department of Transportation cited the company for brake failure, including brakes out of service. It has been claimed by the State that the owner was warned not to operate the vehicle, that it was placed out of service.

The National Transportation Safety Board has begun to look into the mechanical and human causes of the crash. The Board further stated that the Federal Motor Carrier Safety Administration oversees motor carriers, so they want to see if the regulation of limousines is adequate.

The intersection where the accident occurred was also well known as dangerous, a road led downhill, toward the stop sign. Speed may have been close to 60 miles per hour. The engine was thrust backwards into the driver’s compartment.

Another concern is that limousine passengers riding in open spaces are not required to wear seat belts, increasing the risk of serious injuries.

A further source of concern are after market adjustments made to limousines, lengthening them, raising them, which may affect the vehicle’s structural integrity and safety. “Stretched” vehicles may compromise structural integrity and safety features, as the vehicle may be chopped up and put back together, with parts that are not originally designed for that particular vehicle. Such a vehicle is not designed to be the size of a bus, or crash tested in its current form, such a vehicle’s maneuverability, handling and stopping distance could all be impaired by varying modifications.

The crash has further raised questions about the safety inspections, regulation and oversight of stretch limousines.

Additionally, the driver did not have the appropriate driver’s license to be operating that vehicle.  The operator has been charged with criminally negligent homicide.

 


 

Thank you to our friends and contributors at the Law Office of Paul Englander, PLC for their insight into car accidents and limousines.

Filed Under: Uncategorized

November 16, 2018 by

Common Questions After a Car Accident

Car Accident Lawyer

Being in a car accident can be terrifying. They are unexpected and can cause serious damage to you, other passengers, and your car. Often after an accident, you remember to do some of the basics: check to see if you and other passengers are okay, talk with the other driver, exchange insurance information, and go on your way. After the fact, you realize there are many questions you wish you had asked or information you think you should not have given. So what is the best protocol after an accident, particularly ones that result in injuries? How much information should you give to insurance and the other driver?

What If the Other Driver’s Insurance Wants My Medical Records?

When someone with authority calls, you might not be sure how much information you are supposed to give them. Is it illegal if you don’t comply? In this scenario, it is best to speak with your attorney before having any medical records released to an outside party.

I Was Not Wearing a Seatbelt At the Time Of the Accident. Will This Hurt My Chance Of Recovering Damages?

The answer to this will depend on the state you were in when you got into an accident. Depending on local law, if you were injured in an accident and you were not wearing your seatbelt, this could reduce your compensation or it could wipe out your possibility for compensation altogether. It can be hard to prove how much damage would have been done if you were wearing a seatbelt. However, in some states not wearing a seatbelt might not affect what you receive in damages.

I Don’t Feel Bad After the Accident. Should I still See a Doctor?

Anyone who was involved in the accident should see a doctor. Many times, injuries and pain might not present themselves until after the fact. Whiplash can creep up on you, you might have sustained a concussion, or there could be internal bleeding that you are unaware of. It is always best to seek medical treatment to have your injuries looked at and to have a medical record showing that you took your injuries seriously.

Do I Have To Go To Court If I file a Claim?

This will all depend on whether you choose to settle outside of court. If the other driver’s insurance company reviews what you are asking for and agrees to it, you and your attorney can choose to settle this claim out of court. However, many times the insurance company will argue the number you and your attorney believe you deserve, in which case this claim will go to trial.

Do I Need To Hire an Attorney After a Car Accident?

While it might not always seem necessary to have legal representation after a minor fender bender, being injured after a serious auto accident can be life-changing. An attorney will not only look into every detail of your case, but they will fight to get you the compensation that you deserve after this accident. Especially if you are unable to settle with the insurance company out of court, having a lawyer with experience in auto accident and personal injury cases can make the difference between winning or losing. If you have any further questions, discuss your case with an auto accident lawyer Memphis, TN trusts today.


Thank you to our friends and contributors at Patterson Bray, for their insight into auto accidents.

Filed Under: Uncategorized

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