Car Accident Attorney

If you’ve been involved in a car accident, it is extremely important to know what steps to take immediately after the accident. However, few people realize that it is just as important to know what NOT to do. Read on to learn some of the biggest mistakes made after a car accident.

MISTAKE #1: LEAVING THE SCENE

Legally, you are obligated to stop if you’ve been in an accident. Failure to stay at the scene could lead to serious criminal charges if anyone was injured. Besides, you ‘ll need to exchange insurance information with the other parties involved, take photos of the scene, and speak with the police officer making the accident report. Speaking of. . .

MISTAKE #2:  NOT CALLING 911

This goes for both minor fender benders and 10 car pile ups. If there has been any sort of accident, you’ll want the police to come and make a report. In some states, not reporting an accident can be considered an offense. Plus, the police officer wasn’t in the accident and isn’t experiencing the same intense emotions as you, so they are able to better document details you might forget, like the weather, road conditions, witnesses, etc. In this way, a police report can help strengthen a property damage or personal injury claim.

MISTAKE #3: ADMITTING FAULT

Even if it was obviously your fault, do not admit so and do not profusely apologize. Remain calm, help others in need, and wait for the authorities to arrive and make a report. Do be honest when giving a statement to the police but avoid phrases like “It was all my fault”. Such statements may damage any potential insurance claim.

MISTAKE #4: LOSING YOUR TEMPER

When someone puts you and your family in harm’s way, it is easy to let your emotions get the best of you. But getting angry is not productive or helpful in the aftermath of an accident. Don’t be aggressive or confront any of the other parties involved.

MISTAKE #5: REFUSING OR NEGLECTING MEDICAL TREATMENT

Get examined by a medical professional right away, whether that is a paramedic on the scene, your primary care doctor, or a trip to the hospital in an ambulance. The most important thing is your health and well-being.

MISTAKE #6: NOT COLLECTING EVIDENCE

Make sure to get, at a minimum, the following information from the other driver(s) involved: name, phone number, license Plate Number, and insurance card information,

Also, get photos/videos of the cars involved, the weather conditions, the road conditions, even a bank sign that might indicate date and time.

Did any bystanders witness the accident? Ask if the witnesses would be willing to provide their contact information and give statements to the police.

If you’ve been injured in a car accident, call an experienced car accident lawyer Central Phoenix, AZ trusts that can help you navigate what to do, and what not to do.

 

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Thank you to our friends and contributors at Kamper Estrada, LLP for their insight into car accidents and mistakes to avoid.

Car Accident Lawyer

After you’ve been hurt in an auto accident, there are many things running through your mind. Your health, car repairs, and how you might keep working are some the most common, and most troublesome, concerns.

Along with the things you should do – like seek medical treatment – there are some things you should avoid. An attorney can talk about these things because they have worked with accident victims just like you and are experienced in pursuing realistic damage claims that are representative of what you deserve.

Should I call police?

Absolutely! Even if your accident was minor, it’s crucial to document the who, when and where immediately. Local law enforcement can help with this, and their report will be vital for the insurance companies to process your claim.

Sometimes drivers may think it’s enough to simply exchange information with the other driver. It’s not enough to trust this stranger will provide accurate information, not to mention there is always the possibility you could inadvertently lose the information. It’s a good idea to call police and let the responding officer enter an official report.

Remain at the scene, call 911 and detail as much as you can remember to the responding officer.

Should I give a recorded statement?

The insurance company for the at-fault driver may ask you to provide a recorded statement. It’s not advisable to enter into this without your trusted attorney by your side.

Insurance adjusters will frame questions in a way that could trick you into answering in terms that may not be in your best interests.

An experienced law firm is familiar with these tactics and know what to look out for. If it’s absolutely necessary for the insurance company to obtain a recorded statement from you, don’t provide it without a lawyer on your side.

Do I have to hand over my medical records?

It’s likely you will eventually hand over your medical records, but don’t think it has to be right away OR your full history.

Do not sign a medical release until you are close to the end of treatment for your injuries. It’s not necessary for the insurance company to have this at the start of their investigation.

Over time, your medical condition may change. Supplying this information too early won’t provide an accurate representation of your injury and how it may impact your life long-term. Waiting until the end of your treatment means together with your attorney, we can more accurately weigh special damages of pain and suffering. This will help dictate how you approach the insurance company and what you are eligible for.

Do not discuss any preexisting conditions with the claims adjuster. The insurance company will be looking for reasons to NOT pay out on your claim. They will be looking for ways to show that your chronic condition exacerbated the effects of your injury, and therefore your payout should be lowered. Only a doctor can properly evaluate your accident, injuries and effects of any other conditions on this new injury.

Call a Law Firm Today

Dealing with the aftermath of an auto accident can be a stressful time. A car accident lawyer DC relies on can understand what you’re going through: multiple doctors appointments, lost wages from time spent out of work and car repairs, all while your regular monthly bills are still rolling in. Call an attorney today to get the compensation you need.

 

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Thank you to our friends and contributors at Frederick J. Brynn, P.C. for their insight into auto accidents and personal injury.

Car Accident Lawyer

The laws around drunk driving are more involved than whether the driver was impaired by alcohol while operating a vehicle. There are very situations, as well as if the driver has any past convictions, that can affect how each defendant of a DUI is charged. For example, someone whose job it is to drive commercial trucks will have stricter DUI rules than someone who drives a non-commercial vehicle. Similarly, someone who has been convicted for their fourth DUI in Virginia will face a harsher sentencing than someone who has never been previously convicted.

Here are some examples of different types of DUI:

Aggravated DUI: If you were breaking the law in multiple ways, for instance driving while intoxicated as well as excessively speeding, your DUI charge can be elevated very quickly. This is called an aggravated DUI.

Commercial DUI Regulations: It is common knowledge that if you are working, you most likely should not be drinking. This is especially important if your job revolves around driving. Most states have a special blood alcohol concentration limit of 0.04, which is half the BAC for non-commercial drivers. Commercial drivers may also have to undergo alcohol testing randomly if there is suspicion they have been drinking. If a commercial driver receives a DUI, they are subject to the same law procedures as a non-commercial driver would be. However, their sentencing could result in longer license suspension, which could cause a loss of livelihood if that if their career.

Drunk Biking: Being convicted of driving under the influence is not just limited to driving a car. If you are driving a different type of vehicle while impaired from alcohol, you can still receive a DUI. While a bicycle does not have the same threat of driving a motor vehicle impaired, biking while drunk can cause harm to yourself and others, as well as property damage. States are still split on agreeing if driving while biking should be charged with a DUI. It greatly depends on if their laws verbiage states “vehicles” or “motor vehicles”. However, some states still treat bicycles as any other vehicle, regardless of how their laws are worded. Receiving a DUI on a bicycle should not be taken lightly and it is important to work with a drunk driving lawyer trusts to learn your state laws.

Felony DUI: In most states a DUI is considered a misdemeanor charge. However, it depends on the situation if a court will increase the charge to a felony. If you are convicted with a felony DUI, there are harsher penalties and the consequences are more severe and last longer than having a misdemeanor charge. If your blood alcohol concentration is twice the limit of .08, you could be charged with a felony. Another way a DUI charge would be increased to a felony is if you caused any bodily harm to someone else. Driving with children in the car, having a prior DUI conviction, or receiving a DUI while having a revoked, suspended, or restricted license are all ways you could be charged with a felony instead of a misdemeanor.

 

Car Accident Attorney

Most people never give a thought to the rights of pedestrians who are injured in car accidents, but a car accident lawyer does exactly that. Pedestrians often suffer a catastrophic injury when hit by something as large and heavy as a motor vehicle. If you were hurt in this way, you may be confused as to your options for getting the compensation you deserve to cover your damages. We encourage you to call an attorney to schedule a confidential and no-cost consultation with a car accident lawyer to learn how they can help you get justice from those responsible for your injury.

The Seriousness of Car Accident Injuries

Any injury sustained in a car accident can be serious, regardless of where you were located when the impact occurred. If you are in a vehicle that is hit by another vehicle, you may suffer one or more significant injuries. If you are a pedestrian who is hit by a vehicle, you do not have a “buffer” of air bags or steel doors or other items that can protect you at least somewhat from the onslaught of the car. Many pedestrians suffer fatal injuries under these circumstances. If you were injured by a negligent driver while you were on foot, it’s important to consider hiring a car accident lawyer to increase the likelihood of getting maximum compensation from the driver.

Long Term Injuries

If you were injured in a pedestrian versus car accident, hopefully you have already been to the emergency room or have seen your primary care physician. In fact, you may have also seen one or more specialists, depending on the nature of your injuries. Your recovery time may be long, and until you have recovered as much as possible, you will not know exactly how long it will take. In the meantime, you may not be able to work, or may have to take a lesser paying position until you are able to work full time again. If you sustained a permanent injury, you should be compensated for your pain and suffering. If your quality of life is lessened, you should be compensated for that as well. Your car accident lawyer can fight for your right to recover your damages from the responsible party.

Contact a Car Accident Lawyer

Discuss your injury case with a car accident lawyer Washington, DC relies on during a free consultation. After a review of your circumstances, you can gain a greater understanding of your legal options in seeking compensation from those responsible for your injury costs. A car accident lawyer can protect your rights, file an injury claim on your behalf, negotiate a settlement, and pursue litigation if necessary.

 

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Thank you to our friends and contributors at Cohen & Cohen, P.C. for their insight into car accident cases.

 

Wrongful Death Attorney

When wrongful death happens, it is often due to another party’s actions or negligence which led to the fatality. Loved ones of the deceased may be able to file a wrongful death lawsuit for financial compensation. While a monetary award cannot bring back the loved one, many may find it aids in the grieving process to see justice was found. Wrongful death lawsuits are held in civil courts, but the party at-fault may also face repercussions in criminal court.

Who can file a wrongful death lawsuit?

Those who are grieving the loss of their loved one may wonder if they are able to take legal action. It can be challenging for the surviving family to come forward with a legal proceeding while trying to comprehend their loved one’s death. Others may be so motivated by their anguish that they want to seek justice without hesitation. No matter which approach the family decides to take, meeting with an attorney can be helpful. Those who may be eligible to file a wrongful death lawsuit include:

• Parents
• Spouses
• Children
• Grandparents
• Stepparents
• Dependents

What is something that a person must know about wrongful death cases?

If you decide to hire an attorney and take legal action against the person at-fault for your loved one’s death, consider only hiring someone who has experience in wrongful death cases. These lawsuits can become complicated, emotional, turbulent and may require unrelenting efforts and keen strategy for success.

Why is it so important that I hire an attorney with previous experience?

The reason for this, is because sometimes the wrongful death occurs due to the fault of a doctor or workplace incident. When a wrongful death case involves a party from a business or medical facility, things can become intense very quickly. Both an employer and hospital may do whatever is necessary to destroy or hide evidence that supports the wrongful death lawsuit. If this is the situation, then the surviving family may require an attorney with profound knowledge and insight in order to uncover any withheld evidence.

What damages may the surviving family receive compensation for?

The amount of restitution the family members may be awarded depends on several factors. It is important to check with your attorney about what the laws are for your state regarding wrongful death, as some of the following damages may not be permitted:

• Loss of income (including future income)
• Loss of quality of life
• Inheritance loss
• Pain and suffering of the deceased before death
• Burial and funeral costs
• Loss of companionship
• Mental suffering
• Support system loss
• Hospital expenses accumulated of the loved one (prior to passing)

Anyone that is considering meeting with a wrongful death lawyer may want to act quickly, to prevent the at-fault party from eliminating crucial evidence related to the case. The grieving family may find that filing a lawsuit aids in their healing process, after receiving news of such devastating loss. Seeing that the party responsible suffers consequences, can bring the family some acceptance.

Personal Injury Lawyer

What legal action can be taken against a cheating spouse depends from one state to another. In West Virginia, adultery is not considered a crime but does give you grounds for divorce. There are however a lot of other criteria that come into play, and it would be for the best if you consult with an experienced divorce lawyer to understand the impacts of infidelity on your divorce case. We’ll give you an overview of what can happen in the case of adultery with regards to your legal rights, divorce, alimony, child custody and so on so that you have an idea of how things work.

What you need to know if your spouse cheats on you

Currently, sixteen states in the US consider adultery a crime, West Virginia is not one of them. However, when it comes to WV, adultery can play a role in how a divorce proceeds. In WV adultery is defined as a married person having sexual relations with someone other than their spouse.

If your spouse has cheated on you then here’s what you can do:

• You can file for a divorce stating adultery as a fault-based reason.
• You need to file for your divorce within three years of your spouse last cheating on you. This does not apply if it as an ongoing affair that you just found out about.
• You need to start living separately from your spouse after finding out about the adultery.

You cannot file for divorce on the grounds of adultery if:

• You also cheated on your spouse.
• You continued to live with your spouse after finding out about the adultery.
• You accepted your spouse’s infidelity.
• Your spouse cheated on you after you filed for divorce from him or her.
• There is no evidence of the affair other than uncorroborated testimony.

How does proving infidelity affect a divorce proceeding?

If you have been able to show the court that your spouse has had an affair within the last three years, then this could have bearings on other aspects of the divorce. In West Virginia, it is left to the judge to decide how much alimony needs to be paid, for how long and whether in installments or in a lump-sum.

Adultery could sway the judge’s decision one way or another. For example, a man might be exempted from paying alimony to his ex-wife if she was having an affair during the time that they were married. Do bear in mind that each case is different, and several factors could affect the court’s decision.

Adultery could also affect child custody, possibly giving the cheated-on spouse an upper hand in the battle. Again, other factors are also considered when awarding custody of the children to one parent or going in favor of joint custody.

If you believe that your spouse has cheated or is cheating on you and you would like to know what legal action you can take, in the State of West Virginia, we encourage you to contact a family lawyer residents turn to.

Personal Injury Lawyer

Despite how minor or extreme a car accident may be, they are almost always traumatic. Injury symptoms are not always prominent immediately following an accident. This is why it is important to see a medical professional as soon as you are physically able, this is to both protect your legal rights and to ensure you are well.  Car accidents may cause a bit of an adrenaline rush and for this reason, much of your injuries may not be recognized sometimes not until days later. Once the adrenaline settles, the pain of those injuries may immediately take over.

Many insurance companies may consider any medical treatment within 72 hours of the auto accident as reasonable time. The value of your personal injury claim, or amount of your settlement is weighed heavily on the gaps in your medical treatment and insurance companies will pay attention to those specific details. There are also “statute of limitations” that are enforced to ensure your claim is filed in a timely matter, once these limits are exceeded you are no longer entitled to file a claim.

Once you visit a doctor, or any necessary medical professional in regards to injuries sustained during the accident or personal injury incident, keep note of all contact information. You will need this information when speaking with an attorney to represent you to the fullest extent of the law. Do also keep note of all details involving this case.

Another mistake many people make is to admit fault. This makes it an easy claim for insurance companies. You may feel compelled to apologize if you feel you are at fault, but this action can jeopardize your claim. Be sure to give clear details of the incident and file.

When dealing with insurance companies, they may work extra hard to settle the case without going to trial or to avoid the paperwork. Do not settle with an insurance company because you felt pressured, the process may be long but you must finish your medical treatment.  The settlement, prior to completion of your medical treatment, may seem very enticing and to avoid taking a loss in this situation you may want to take the money. However, suppose you do not finish treatment and later on an injury shows up, your case is closed and there is nothing you can do but pay for treatment yourself.

Allow the medical professional to fully examine you, and make sure all injuries have been address or resolved.

If you or someone you know has been involved in a personal injury incident the details may get tricky and the process can be extremely stressful. To ensure you or your loved ones receive the most out of their claim, speak with an experienced catastrophic personal injury attorney Atlanta, Georgia turns to that can lead the way.

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Thank you to our friends and contributors at Andrew R. Lynch, P.C. for their insight into personal injury claims and compensation.

Medical Malpractice Attorney

It has become increasingly common for people to experience some degree of knee pain in his or her life. Our knees are vital for every day movement, and can suffer mild to serious injuries that impair locomotion. If you are dealing with even a small amount of knee pain regularly, consider asking for a  “knee doctor near me” for health advice.

You should not have to go through your day feeling or avoiding knee pain. Let us help you! Here we have covered how chiropractics can be a great option for those who prefer alternative approaches to medical care, the goal of chiropractors, and what to expect during your initial consultation.

Alternative Path to Healing

We frequently hear patients tell us that their primary doctor prescribed rest and taking a slew of prescription medications, including pain relievers and muscle relaxers. It is also very common for us to hear that this plan has not worked, or if it did, it was not a lasting solution. Sometimes, medications may only mask the true underlying issue. Our bodies can let us know when something is not right, and often attempts to do so through sending pain signals.

Chiropractor Approach

The goal of a chiropractor is to fix misalignments in the body structure. Since our physical form works together as one entity, when one area is not in proper positioning it can have a negative impact on another. Your knee doctor may recommend adjustments in other locations in addition to your knee.

To explain this point in an example, imagine you come into the office with knee pain. During an examination of your entire body, it may be found that your hip and lower back is not aligned correctly. This could be the root cause of why you have knee pain, because it is suffering the brunt of pressure from the hip and back.

The 1st Consultation

A knee doctor may need to perform an adjustment in separate locations in order to target the issue in your knees. Your chiropractor may start off by realigning your spine before targeting the knee. Our spinal column is such a key component to the functioning of our body system. The core of your being must be in alignment in order to help other systems run at their optimal level.  

Do tell your chiropractor about your medical history including current illnesses you may be diagnosed with. This can help your knee doctor create a treatment plan that is unique and to you.

Schedule an Appointment

Do not hesitate to schedule an appointment with a knee doctor right away. Do not let another day go by having to endure physical pain and limitations of your knees.

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Workers Compensation Lawyers

Thousands of people are employed at jobs where they spend the bulk of their day behind a desk, usually staring at a computer screen. There are many health issues that can arise as a result of sitting for long periods of time, as a Milwaukee work injury lawyer knows well. Experts have written many reports stating that there is a strong connection between sitting and a higher mortality risk. If you work at a job that requires you to sit for long periods of time and you have developed health issues because of the extended time sitting, you may qualify for workers’ compensation benefits.

As soon as you suspect that an illness or condition is a result of sitting at your job, report your findings to your supervisor. See a doctor and get his diagnosis and recommendations in writing.

There are many negative effects that can occur as a result of sitting for long periods of time at a desk. Here are just a few:

Inactivity Breeds Inactivity

The longer you sit at your desk, the less time you are utilizing any energy. This raises the risk for obesity, heart disease, and type 2 diabetes. You need to move around to expend energy.

Metabolism Slows

Continued sitting decreases muscle contractions, which in turn slows the process of clearing fat from the blood. The effects of insulin are also reduced.

Poor Posture

Poor posture can put pressure on your lumbar discs. Sometimes surgery to replace the lumbar disc is necessary to relieve the pain and restore mobility. The pressure also causes your shoulders to curve and your head to bend forward. Headaches are also a result of keeping your head and neck at certain angles for extended period of times.

Metabolic Syndrome

A group of risk factors, including sitting at a desk for a long period of time can contribute to metabolic syndrome, which raises your risk for heart disease and other health problems, such as stroke or diabetes.

Less Social Interactions

If you sit at your desk all day working on the computer, most of your interactions will probably be over the internet, thus reducing time spent socially interacting with others.

Depression

Your computer becomes the primary way to communicate and may cause you to feel depressed or lonely. You also need the vitamin D found in natural sunlight to help alleviate depression. Staying inside at your desk does not allow you to absorb vitamin D from the sun on a regular basis.

Chronic Pain

Chronic pain is another condition that arises from long periods of sitting.

Weight Gain

If you sit at a desk all day you run a higher risk for becoming obese. You have to be more intentional about exercising to counteract the effects of being sedentary.

Diabetes

Your body cannot metabolize sugar properly if you are sitting at your desk and not moving. As a result you reduce your sensitivity to insulin, which is a hormone that moves glucose from your blood to cells for energy consumption. When this process breaks down, you are susceptible to becoming diabetic.

 

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Thank you to our friends and contributors at Hickey & Turim, SC for their insight into workers comp and injuries.

Personal Injury Lawyer

If you have been involved in any kind of accident involving negligence, recklessness, carelessness, or an intentional act of violence, you may be able to file a personal injury claim or lawsuit. However, as you might have already guessed, time is of the essence. Depending on where the accident happened, and who was involved, will depend on how long you have to take legal action.

In most states, the statute of limitations for filing a personal injury claim is two years from the date of the accident. If someone lost their life, it may be considered a wrongful death case which still falls under personal injury law. In this case, the immediate family members will have approximately two years from the date of death. If you file a case after the statute of limitations, the court may dismiss your case.

Statute of Limitation Exceptions

There are a few exceptions to the statute of limitations. For example, if you are seeking compensation from a government entity, the statute may be significantly less. It is important to remember that some states’ statutes are also less or more than the average of two years. For example, in Tennessee, the statute is one year and in Maine it is six years. If you’re unsure about how long you have to file a personal injury claim, you should call a personal injury lawyer as soon as possible.

Why You Should Act Now

Even though you might technically have some time to file a personal injury claim, it doesn’t mean you should wait until the last minute to do so. For example, your own insurance company will likely have a policy that mandates you to report the accident within 30-60 days. Furthermore, before you report what happened, you may want to ask a personal injury lawyer to find out what you should and should not say to both your own insurance company and that of the negligent parties’.

Another reason to act now is that your memories and recollections of what happened will be fresh in your mind. This can help you to relay them to your lawyer as efficiently as possible, and in return, your lawyer can properly investigate the case. The likelihood of reaching out to witnesses, gathering surveillance footage, and securing other hard proof will also be better.

Finally, by taking action as soon as possible, your case will have more credibility. Waiting longer, especially several months or years, gives credit to the defense and can cause them to ask about the extraneous circumstances which led you to wait so long.

When a Government Entity is Involved

If your case involves any kind of government entity, you may need to file a claim against the entity instead of (or in addition to) a private party. This would include a situation in which negligent party was working as a government employee (on shift/duty) at the time of the accident. It should be noted that this rule generally applies to federal employees and not a third party independent contractor who was hired by the government. For example, if a police officer t-boned your car and was at fault, you may pursue damages against the government.

Another way that you may pursue a claim against the government is when the accident occured at a construction site, or zone, and it was caused because of an error made on part of the state. For instance, there was a lack of signage in a construction zone and your crashed your car because of this failure to warn.

Government personal injury claims are very complex and have many different rules and procedures. You should not waste any time in getting started, and having an experienced personal injury lawyer Miami, FL trusts on your side will almost certainly help.

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Thank you to our friends and contributors at Needle & Ellenberg, P.A. for their insight into personal injury cases.