Car accidents can be terribly scary and painful to go through. In the aftermath of a horrible crash, a driver may feel as if they are in a fog. The injuries sustained after a huge car wreck can be critical and tragic. It can be difficult to remember what to do next while in such a state of disorientation, pain, and shock. Here in the article below, we have provided answers for a variety of questions, including why you should get medical attention right away, what to do at the scene, and how you could benefit from meeting with an attorney after the wreck.

If I feel okay after the crash, why is it so important I see a doctor?

Someone who was recently involved in a car accident, may feel okay at the time due to a condition called “stress-induced analgesia.” When this happens, adrenaline is released into our system in an attempt to help us overcome whatever dangerous environment awaits us. Our body may jump into a fight or flight response after a traumatic experience, such as a serious car wreck. We may be rushed with hormones that can decrease our ability to sense pain. So, right after the impact of a car collision, you may not feel much of anything. But, in the hours or days to follow you may start to feel a slow creeping of aches, pains, soreness, stiffness, and other discomforts.

What should I do at the scene of a car accident?

If you are hit by another driver in a very severe car wreck, you should try to remain calm and focus on your health first. Call for police and an ambulance so the incident can be officially documented while you receive prompt medical care. If the medical team deems it necessary, you may be rushed to the nearest hospital for further treatment. If you are rushed to the hospital, the police officer can provide you with the driver’s information at a later time. But, if you are stable enough and can muster energy to exchange details with the other driver, collect the following:

• Driver’s full name (not a nickname, copy it straight from license)
• Address
• Phone number
• Insurance company name (read it from insurance card, do accept it verbally)
• Driver’s license number
• License plate number
• Car year, make, model, year and color

How can it help me to meet with an attorney after the crash?

A car accident lawyer Memphis, TN turns to can meet with those recently involved in a car wreck, to help them seek compensation from the driver at-fault. If you were part of a particularly horrible collision, you may have suffered agonizing injuries and substantial vehicle damages as a result. Depending on how the crash unfolded exactly, you may be entitled to a financial award to cover your medical costs, vehicle damages, loss of wage from missing work, and more. An attorney can meet with you to offer insight, and answer any questions.

 

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Thank you to our friends and contributors at Darrell Castle & Associates, PLLC for the insight into car accidents and personal injury.

Losing a loved one can be a terrible experience, when drowning was the cause, feelings of shock, confusion, and sadness might overwhelm you. Questions about whether or not the drowning could have been prevented, or if someone else contributed to the accident might fulfill your thoughts. You might want answers, but have no idea how to get them. This is when a wrongful death lawyer could help. If your loved one died in a drowning accident, it is important to take action as quickly as possible to ensure that any and all evidence is preserved.

 

My loved one died in a drowning accident. Can I file a wrongful death claim?

If you believe another person’s actions contributed to the drowning, you likely can file a wrongful death claim against the person or entity.

Drowning Deaths in a Swimming Pool – There are a few different ways someone could drown, such as the following:

 

• Inability to swim, and venturing into water that was too deep
• Someone holding the victim forcefully under the water
• The victim hit their head causing them to lose consciousness in the water
• Jumping into a pool from the side, a diving board, rope, or other object
• Jumping into water that was too shallow
• Malfunctioning pool drains or pumps
• Drains that are too strong
• Failure to warn swimmers about a dangerous condition
• Intoxication

 

If it is found that someone intentionally caused your loved one to drown, it is very likely that criminal charges will be brought against them. Filing a wrongful death claim against the person who caused the death, and also the property owner, might also be possible. People who could be held liable for a drowning include, but are not limited to:

 

• The property owner of the pool
• The manager of the pool
• The company of the pool
• The company of the pool grounds
• Lifeguards

 

Drowning While Boating – Many drownings are the result of boating or watercraft accidents. It is possible for the victim to be in or outside of the boat to be involved in a drowning accident. Examples of how a drowning accident while boating could occur include:

 

• The boat is going too fast causing a passenger to fall out and drown
• The boat capsizes
• The victim was swimming and struck by the boat or boat propeller
• The victim was engaged in a water sport activity (i.e. tube or wakeboard) and fell off or got caught in the rope line causing then to drown
• The boat driver or company did not provide life jackets to the passengers

 

People who could be held liable for a drowning accident by a boat include:

 

• The boat or watercraft driver
• The owner of the boat or watercraft
• The company offering rental or tour services of the boat or watercraft
• The manufacturer of the boat or watercraft (i.e. when a part malfunctioned)

 

Call a Wrongful Death Lawyer to Learn More

 

When a loved one dies, you may feel the emotional and financial effects. A lawyer can review your case and help you explore your legal options. A skilled wrongful death lawyer has been helping victims and family members. If you would like to learn about our firm, your case, and your options, please call  a lawyer today.

 

While most people celebrate the hot summer month of July by hitting the beach or enjoying outdoor activities, it’s also the time that new residents begin at teaching hospitals throughout the United States.  Inexperienced residents, new to the health system and often performing procedures for the first time, can make errors or oversights that result in patient harm.  In fact, a 2011 study published by the Journal of General Internal Medicine documented a 10% increase in deaths in teaching hospitals during the month of July due to medical errors.  This phenomenon is often referred to as “the July effect.”

Teaching hospitals are required to provide the supervision for residents by qualified attending physicians.  However, the actual amount of supervision provided by these attending physicians may vary and not be sufficient to meet the resident’s needs.   Or, the resident intern might not admit to knowledge deficits or seek out assistance when needed. When errors happen, they can have devastating consequences resulting in morbidity or mortality for the patient.

Medical malpractice cases can be very complex.  For example, is the resident responsible for making an error, or is the attending also culpable due to lack of adequate supervision?   Are there policies, procedures, or environmental factors within the health system that contributed to the error? Because of the complicated nature of medical malpractice claims, it’s important to secure a seasoned malpractice attorney as soon as feasible to ensure that your rights are protected.

A malpractice attorney will review your unique claim and determine the strength of the case.   The attorney may consult with medical experts with specialty in that practice area in order to determine if standards of practice were met.  Additionally, a malpractice attorney may also review if faulty equipment contributed to the injury.

The costs associated with Medical errors are significant.  According to a 2010 study conducted by Milliman for the Society for Actuaries, medical errors in 2008 cost the United States $19.5 billion, with over $17 billion being directly associated with the cost of additional medical care.  For an individual injured by a medical error, this may include costs for

•   Longer hospitalization
•   Follow-up procedures or surgeries
•   Prescription medication
•   In-patient or outpatient Rehabilitation
•   Skilled nursing or long-term care
•   Home caregivers

A medical malpractice attorney will work to obtain compensation for these potentially costly medical expenses that were necessitated by a medical professional’s error.  In addition for compensation for direct care costs, a medical malpractice attorney may be able to seek compensation for:

•   Pain and suffering
•   Lost time at work
•   Loss of future earnings
•   Future medical expenses or care
•   Wrongful death

Call a qualified medical malpractice attorney.  If you have been injured due to the negligence of a medical professional, it’s critical that you take the first step and hire a medical malpractice attorney to pursue fair compensation for your physical injuries, pain and suffering. 

Disclaimer:  This article is for informational purposes only and is not legal advice.

 

Everyone has heard a story from someone they know about getting hurt at work. Often the story involves a painful injury, emergency medical care, time missed from work, and a long rehabilitative process that took a toll. Maybe this is your story. If you have been injured while at work, you should be thinking about filing a workers’ compensation claim to get the money you need to make your recovery easier. Here are a few things that you need to know:

 

• Do not delay medical care. If you get hurt, make sure that you seek the medical care that you need right away. Do not delay necessary medical treatment just because you are unsure whether it will be covered by a workers’ compensation claim. Take care of yourself first to make sure that you prevent your injury from getting worse and that you set yourself up for the best recovery possible.

 

• Report your injury as soon as you are able. After you get any medical care immediately necessary to treat your injuries, your next step should be to notify your employer of the incident. Report your injury to your human resources department, describe the circumstances of the incident and be ready to fill out a form with a written statement about what happened. Depending on the state or federal law that applies to you, you may be required to report your injury within a few days of it happening if you are medically able, so do not delay this step.

 

• Gather evidence of your claim. As you prepare to go through the workers’ compensation claim process, make sure that you are gathering and preserving your medical bills and records, pharmacy receipts and records, and any record other treatment that you are receiving to recovery from the injury you incurred at work. Also keep a record of the time that you miss from work and communication you have with your employer about your injury.

• Consider hiring an attorney to help you pursue your claim. An attorney is not necessary to file a workers’ compensation claim and receive benefits under your employer’s workers’ compensation policy. However, a experienced workers’ compensation attorney can make sure that you are getting all of the benefits to which you are entitled. In the event that your workers’ compensation claim is denied or that you do not get the compensation you believe you deserve, a workers’ compensation attorney will be able to argue your case in front of the appropriate workers’ compensation board or court designated to resolve workers’ compensation disputes. Although you could do this work alone, having the help of a qualified and experienced attorney can take a huge burden from your shoulders and also ensure that you are getting the most from your claim.

 

Getting hurt while working is a scary event and one that many people will experience during their career. Take time to understand the workers’ compensation law that applies to your job and consider reaching out to a competent workers’ compensation lawyer New York trusts to ask specific questions about your case.

 

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Thank you to our friends and contributors at Polsky, Shouldice & Rosen, P.C. for their knowledge about workers compensation claims.

Personal injury litigation is a type of law in which one person, the victim “plaintiff,” sues the person who caused them physical injury, the “defendant.” Common types of personal injury cases include car accidents, dog or other animal bites, assault, sexual offenses, allegations that a consumer product was defective and caused an injury, slip and fall events, and medical malpractice. Sometimes, the events leading to the injury of the victim also constitute a crime and may be prosecuted under criminal law.

If you have been the victim of an accident that was not your fault, you may be considering pursuing a personal injury lawsuit. Before you do, however, consider reaching out to a qualified attorney in your area to discuss your case. A competent, local attorney will be able to analyze your case under the law of your state and give you sound legal advice regarding how best to pursue your claim. You should also consider the following frequently asked questions and answers:

• How do I know whether I have a personal injury claim? If you have been injured in an incident that was the fault of someone else, you likely have a personal injury claim. There are other considerations, however. Generally speaking, you have a limited time after the accident to file your lawsuit. This time window is typically called a “statute of limitations” and varies with the law of your state. Some states require you to file your case within two years of your injury. Some states may allow less time, some may allow more.

• Should I file a personal injury lawsuit? This is a hard question that depends on the facts of your case, the amount of damages you incurred, and your tolerance for litigation. Some things to consider include, whether you were also at fault during the accident, whether you suffered a physical injury during the accident, and whether you are willing to subject yourself to the long and sometimes invasive process of filing a civil lawsuit.  Filing a personal injury claim may be the right answer, but it is worth careful consideration.

• Does it cost money have a personal injury lawsuit? In short, yes. At a minimum filing a personal injury lawsuit likely requires you to pay court costs and fees. If you hire an attorney you will also be responsible for making sure you meet any payment agreement. You may also bear the cost of serving subpoenas and other related costs for getting the evidence you need to prove your claim. Additionally, you should consider the time and energy you will be spending to pursue your case which may cause you to miss work or have to pay someone else to take care of your routine tasks, such as childcare.

The answers to the questions above likely caused you to ask yourself another set of questions. The best way to get answers directly applicable to your case is to consult with an attorney. Reach out to an experienced personal injury lawyer Fort Lauderdale, FL today to find out what they may be able to do to help you pursue a personal injury claim.

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Thank you to our friends and contributors at Needle & Ellenberg, P.A. for their knowledge about personal injury litigation.

Sexual assault is a very serious offense that can leave the victim with lingering feelings of trauma for many years to come. Any sort of behavior that targets the most vulnerable part of ourselves can cause substantial pain and anguish. It is estimated that every 60 seconds, an American becomes victim to sexual assault abuse. Many of those impacted by this form of abuse may not know who to turn to, if sexual assault has actually happened to them, and how an attorney can be of assistance. In the article to follow, we have answered a series of common questions victims and others may have about sexual assault.

Is it always strangers that may commit sexual assault?

Victims of sexual assault are more likely to be abused by those they know, than strangers on the street. Sadly, victims can be abused by close friends of the family and acquaintances when it comes to sexual-related offenses. Being attacked by a stranger is not absolutely unlikely, but the chances are significantly lower. Additionally, those of a high position of trust or authority may use their power against victims. Examples of these people of high status include doctors, law enforcement, government officials, and more.

What is the definition of sexual assault?

By definition, sexual assault occurs when behavior of a sexual nature is forced upon a person that did not give consent. Sexual assault can happen to anyone regardless of age, gender, ethnicity, physical/mental capacity, or other status.

How can I prevent sexual assault from happening to me?

To help lessen the chances of becoming a victim of sexual assault, there are some things you can do to take action. Here we have listed some ways to prevent acts of sexual assault from occurring to you or someone you love:

1. When going to a party, never part ways from your group of friends and have a safe word in case a quick exit is necessitated.
2. Challenge or interrupt jokes about violence towards women, whether in the workplace or in other social situations.
3. Never accept an opened drink from someone you do not trust (such as at a party or event with alcohol), pour your own beverages instead.
4. Listen to your body if any situation or person makes you feel uncomfortable, wary, you get goose bumps, or have suspicions about their character.
5. Report incidents of sexual assault against you or a loved one immediately, so the abuser faces the consequences and no future incidents arise.

Should I talk to an attorney about an incident of sexual assault?

A sexual assault attorney can be very helpful for people who are interested in seeking justice and financial compensation from the perpetrator of sexual assault. It can be a very sensitive topic to talk openly about an incident of this form of abuse. The right attorney should be empathetic, knowledgeable and compassionate. During the consultation, your attorney will likely ask you about what happened. While it may be difficult to do, remember that your attorney is there to assist you in the process towards healing, acceptance and retribution.

 

In the last seventeen years, the number of suicides in the United States has increased thirty percent. That breaks down to about 16 out of every 100,000 Americans committing suicide, or close to 45,000 lives lost in 2016. Researchers cannot specifically point to one cause, however, mental health issues significantly contribute to these numbers.

When an individual takes his or her own life, it profoundly affects the lives of their family and friends forever. What happens if someone attempts to commit suicide and their efforts injure or damage someone else in the process? If you know someone or you personally have been injured as a result of someone else’s suicide or attempted suicide, contact a personal injury lawyer Wytheville, VA trusts to discuss if there is anyone you can hold liable for your injury or property damage. There are several ways to approach filing a claim.

A Claim Against the Estate of the Deceased

One of the most common means of pursuing damages after a suicide is to file a claim against the estate of the decedent for damages caused to you or your property as a result of their negligent act. These claims are intricate, can take an enormous amount of time and require legal expertise to obtain a successful resolution. Claims against a deceased person’s estate are treated as part of the possible debt of the estate.

The Use of Firearms

A firearm or other type of lethal weapon is obtained by an individual and used to attempt to commit suicide. During the attempt, they either accidentally or on purpose, kill or injure another individual. If the person attempting to take his or her life is successful, the other injured party may not have any legal recourse — especially if the weapon was legally owned by the individual.

If the suicide attempt is unsuccessful, the individual could possibly be up against civil and criminal charges. The courts may even charge them with attempted murder, or murder if the other individual dies as a result of their injuries.

Property Damage

If someone attending a party at someone else’s home attempts to commit suicide and during the process causes extensive property damage, can the homeowner file a claim and if so, against whom? If the individual was a guest of another invited guest, the homeowner may try to file a claim against the invited guest. This is difficult to hold water in court because the homeowner must prove that the invited guest had prior knowledge that his or her friend had suicidal tendencies in order to win the claim.

Because every suicide case is different, there are not many civil actions taken because of harm or damage done as a result of the suicide. That does not mean it is inconceivable to think you cannot hold someone else accountable for the damaged cause. In order to win a claim, the plaintiff has to prove that someone else did not perform the reasonable duty of care in their actions. A personal injury attorney can help you determine whether or not you have a case worth pursuing.

 

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Thank you to our friends and contributors at The Law Offices of Mark T. Hurt for their insight into personal injury cases.

As we grow up and start to learn about the rules of the road, we are often taught what to do in the event of a car accident. However, we are not always informed about what we should not do after being involved in a car wreck. Those who have been hit by a careless driver frequently turn to a car accident lawyer Memphis, TN residents rely on for guidance. Things can quickly become complicated when dealing with a car accident, and it is not uncommon for victims of such an incident to be interested in seeking compensation from the driver at-fault. All in all, attorneys can help you remember what to do, and what not to do after a car accident.

Here in the article to follow, we have gone over just a few things you should not do while at the scene of the car accident.

Verbally Admitting Fault

A more common mistake than people may realize, is inadvertently admitting fault while at the scene to the other driver. When in a state of panic, we may say things to try and neutralize the situation. Even apologizing can suggest that you are at-fault for the crash. If you feel overwhelmed, take a few deep breaths and focus on getting medical attention if you need it. Your health should be the number one priority. If the other driver becomes hostile and starts blaming you, create space between you both and call police for help.

Forgetting to Exchange Information

Getting all the details you need from the other driver is crucial. It is understandable that in a moment of frenzy, we can forget to do even the most obvious things. Be sure to collect these key details to share with your attorney during your consultation:

• Driver’s full name (as written on the driver’s license, and not a nickname)
• Phone number
• Home address
• License plate number
• Car make, model and year
• Insurance company carrier (request to see card, do not just take down what they say verbally)
• Driver’s license number

Refusing Medical Attention

Injuries sustained due to the car accident may not be felt or visible in the minutes following the impact. If you refuse medical attention at the scene, you could be delaying care that is needed for very serious injuries. The medical team can examine you and attempt to uncover any potentially life-threatening conditions. Additionally, if you decline medical care at the scene, it could impact your chances at receiving compensation if you file a civil lawsuit against the driver in the future. You injuries should receive prompt attention and be documented.

Obtaining Legal Representation

Dealing with the aftermath of a car accident can be distressing and time-consuming, as well as take a toll on you and your family. Contact an attorney right away so they can get started working for your betterment today.

 

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Thank you to our friends and contributors at Darrell Castle & Associates, PLLC for their knowledge about car accidents.  

If you have been injured in a slip and fall, you may have a number of questions about your legal rights and options, but also what you should do immediately after the accident. The following information has been compiled by our personal injury lawyers. To have your personal questions and concerns addressed, call an attorney.

 

Slip and Falls

 

A slip and fall is an incident where someone slipped, fell, or tripped on an object at another party’s property and was injured. These cases are a subset of premise liability claims which are often part of personal injury law. The basic premise behind slip and fall cases is that the property owner or manager had a duty to ensure the premises were reasonable safe. When this duty is breached, and an injury happens, the injured person may be able to recover damages by filing a personal injury claim.

 

Types of Slip and Fall Accidents

 

A slip and fall can happen in a broad number of ways; for example:

 

• Wires
• Cords and cables
• Broken stairways/stairwells
• Broken railings
• Slippery surfaces
• Icy surfaces
• Poor lighting

 

Who Can Be Held Liable

 

In 95% of slip and fall cases, the property owner is held liable. In order to prove this, a personal injury lawyer will need to show that:

 

1. The owner of the property owed a duty of care to the plaintiff;
2. This duty of care was breached;
3. The plaintiff suffered an injury;
4. Had the duty of care not been breached, the injuries would not have happened; and,
5. The plaintiff experienced financial losses because of the breach.

 

Damages for a Slip and Fall

 

In general a personal injury lawyer might include economic and non economic damages in a claim.

 

Economic Damages

 

• Any relevant medical expenses
• Future prospective medical treatment
• In-home assistance
• Lost wages
• Loss of income

 

Non-Economic Damages

 

• Loss of consortium
• Pain and suffering
• Emotional distress

 

The success of slip and fall cases will greatly depend on the facts of the case. If you’re unsure whether or not you can pursue damages, call a slip and fall lawyer.

 

When You Are Partially to Blame

 

If you are partially responsible for a slip and fall, the defendant might raise comparative negligence in the claim or lawsuit. If it is found to be true, you recovery may be reduced by the contribution to the injury. For example, if you are found to be 25% at fault, your damages may be reduced by 25%. In general, if you are found to be more than 50% at fault, you may be unable to file a claim.

 

The Right Time to Contact a Lawyer

 

Following a slip and fall, the insurance company might offer you an immediate settlement. This is especially true when negligence is almost certainly a factor. Bare in mind that insurance companies do not align with your interests and may be offering you much less than you deserve. The truth is that if you were injured in a slip and fall and believe negligence was involved, you should call a personal injury lawyer right away.

After a car accident, friends or family might have told you something like “beware of the insurance adjuster”? This could not be further from the truth.

Insurance adjusters work for the insurance company. It is their job to review the details of a car accident and determine how liable the insurance company is. To do this, the insurance adjuster will investigate the accident by conducting interviews with the claimant and witnesses. Medical records, police report, and other documents might also be assessed.

Can You Trust Insurance Adjusters?

No. You cannot. This is not to say that all insurance adjusters are not honest, but rather that it is their job to be loyal to their employer. This kind of loyalty also means that they must align their interests with the interest of the insurance company. What exactly is their interest, you might ask? Profit. It is the goal of any insurance company to make as much profit as possible and this is done through paying out the least amount of money to victims.

All too often the victim of a car accident fails to recognize the sly, clever, and strategic tactics used by insurance adjusters. They believe what the insurance adjustor is saying and accept a settlement for less than what is needed or deserved.

When the Adjuster Asks You About Your Current Physical Condition

If the insurance adjustor of your own insurance company calls you an asks you about your current physical condition, it is up to you to answer. If you choose to disclose this information, you should know that they can use this against you.

The best thing you can do is to talk with a personal injury lawyer, like a insurance lawyer trusts, who can advise you on what to do or say. If you agree to retain a lawyer, he or she may take over all communications to ensure everything is properly handled.

Signing Documents or Giving Statements

Remember anything you say and do can be used against you by the insurance company. To avoid a misunderstanding or error, ask a lawyer for help. You should not sign or agree to anything before a settlement has been finalized. This is considered to be a best practice and avoids the potential of an insurance company using jargon in the document that does not favor your situation.

Be aware that many insurance adjusters will try to persuade you to sign a release before the claim is settled. If you sign this, there is a chance that you will not receive fair compensation. If you’re given any documentation to sign, have a lawyer review it.

You should also know that the insurance company might ask you to see their doctor. In general, these doctors, like the insurance adjuster, has a loyalty to the insurance company and may downplay your injuries. Review this matter with a lawyer before proceeding.

If you would like to talk with a personal injury lawyer who can help you to negotiate and communicate with your insurance company, call a lawyer today.