Hit by Drunk Driver? Here’s What to Do

You’ve likely heard the statistics. Every two minutes, someone in the U.S. is injured in a drunk driving crash. While the total number of these accidents is declining, drunk driving remains the #1 cause of death on America’s roads, accounting for about one-third of all traffic-related deaths.

Those who are seriously injured in drunk-driving crashes often face significant challenges during their recovery. In addition to the physical challenges, numerous doctor’s appointments and physical therapy sessions, victims must deal with medical and hospital expenses, car repair bills and insurance company discussions, not to mention lost work time.

What should you do if you are injured in a crash that was caused by a drunk driver?

• Call 911. Seek both police and first-responder assistance.
• Monitor the actions of the drunk driver at the scene. When reporting his/her activities to the police, state what you observed in a factual manner.
• Seek Medical Help. Some injuries become much more painful after 24 hours. It’s best to visit a doctor 1-2 days after the accident and get a full checkup, establishing a record of your injuries.
• Be a witness. Drunk driving is almost always a criminal offense that can be prosecuted in court. A DUI conviction can help your case of proving driver negligence. If you choose not to testify, your chances of receiving compensation may be compromised.
• Tell the driver’s insurance company about your injuries. Your best chance of receiving financial help will be through the driver’s insurance company. Alerting the insurer shortly after the accident is best.
• Be leery of taking the first settlement offer. The driver’s insurance company will likely try to settle with you right away and prevent you from seeking further compensation. Check with an experienced personal injury attorney before accepting the first offer.
• Look for witnesses that could substantiate your claims. Did the driver share where he was coming from, or who he had been meeting with?

Is an insurance settlement my only recourse for securing my due compensation? 

No. But you’ll need to prove the driver’s negligence. To win in court or to secure a large settlement, you’ll need the help of an experienced attorney to advise you on your chances of winning in court, as well as to interview witnesses, locate expert witnesses to testify, estimate the amount of wages lost, etc.

If you are a victim of a drunk-driving accident, you have many options to consider, as an attorney, like a drunk driving lawyer, at a firm like Patterson Bray can explain.

Every day millions of people go to work without considering the risks to their health and wellbeing. While many workers might have private insurance, there is a large majority with an automatic policy called worker’s compensation. Unfortunately, to qualify for worker’s compensation there are at least four qualifications you and your employer must meet. Each qualification sounds simple enough, but if you or your employer make one mistake it can lead to significant legal and financial consequences.

1. Employment Status

To be eligible for worker’s compensation, you must be an employee. While that sounds obvious, the gig economy has created a surplus of contracted workers and not legitimate employees. As a contracted employee, you technically own your own business or operate independently, meaning the company you work for does not have any legal responsibility to you or your health; they can terminate services when they see fit. If you want to make sure that you qualify for worker’s compensation, make sure that you are defined as an employee and nothing else.

2. Employer’s Status

Most state laws require the majority of employers to carry worker’s compensation coverage. Unfortunately, the regulations do not pertain to every business or every state. In some instances, the company you work for can opt-out of such insurance policies because of their status as a nonprofit. Other businesses, like construction companies, often have a different set of laws they must abide by. Just keep in mind that before accepting a position with a company, check if they carry worker’s compensation coverage.

3. Work-Related Injury or Illness

Many people often confuse their worker’s compensation policy. The insurance does not cover every injury or illness; you need private insurance for that. Instead, worker’s compensation is only for workplace injuries or illnesses. Therefore, if you are feeling under-the-weather because of the seasonal flu, you are not covered, but if you get sick because you were exposed to some chemical in the workplace, you are.

4. Filing Deadlines

Beyond employment and employer status, the government has requirements for any employee filing a claim. Every claim must be reported within the approved timeline for such disclosures. If an employee fails to meet the reporting deadline, the worker’s compensation policy will not cover the claim.

Worker’s compensation policies are not easy to understand. If you think that you are eligible to file a claim but are unfamiliar with the process, consider contacting a Newark workers compensation attorney for help from a firm like Rispoli & Borneo, PC, who are experienced with this specific area of insurance law.

Tens of thousands of motorcycle injuries occur each year. In California alone, roughly 16,500 motorcycle accidents happened in 2017. Their small size and high speeds make motorcycles one of the most risky types of vehicle to drive. However, even the most experienced cyclists can cause accidents. It doesn’t take much to lose control of a motorcycle. Some people who drive motorcycles feel too confident in their driving ability, causing them to drive in a way that endangers themselves and the people around them. If they do cause an accident that leaves an innocent person injured, that victim has a right to bring a claim against them. If you have been injured by a cyclist in a motorcycle accident, call a trusted law firm so that you can receive timely legal assistance. 

How Should I File a Personal Injury Claim?

There is a limited period of time to submit a claim for a personal injury case. As a top Chatsworth, CA motorcycle accident lawyer, like one from Barry P. Goldberg, A Professional Law Corporation, can tell you, the statute of limitations for personal injury cases in California is only two years. It may take a long time to gather the information required for a claim, so victims should act early and quickly.

There are key steps that every accident victim must know about to file a claim properly and submit it on time. Know these important steps if you are interested in filing a personal injury claim so that you can obtain compensation and recover damages:

1. Report the accident. Once an accident occurs, it is important that you immediately report it to the correct authorities. They will file a report that contains information such as the drivers involved and how the accident occurred. 
2. Collect evidence at the scene. If possible, capture photo and video evidence of the collision scene. You can provide these pieces of evidence to an attorney who will assess them. 
3. Evaluate your insurance policy. Look through your insurance policy to see what specific items are covered. 
4. Talk to an attorney. Request a consultation with a skilled car accident lawyer early. They will determine if your case is valid and discuss possible strategies that can increase the likelihood of a successful case. 

Obtain Legal Assistance From a Skilled Lawyer That Simi Valley Trusts

There is help available if you are a victim of a motorcycle accident. Contact a top attorney now to request a risk-free consultation. 

Estate Planning Lawyer

The saying “Wisdom comes with age” never held much water with me.  From a young age, I was independent and thought I had figured out how to navigate life.   By age 24, I was married with two kids, a mortgage, a good job, and my estate planning created with the help of an estate planning lawyer in Belgrade, MT, like from Silverman Law Firm. I assumed I knew everything about life and my entire future was mapped out.  WRONG!  At 36, I was divorced, my kids were being shuffled between two households, I had several jobs to make ends meet, and nothing made sense.

So, what would I say to a younger version of myself? 

1. You are Strong.  Situations will always come along in life to challenge you and you can either stick your head in the sand or meet them head on. Remember your current situation is temporary and will not last forever.  Be your own warrior!

2. Don’t Take it So Personal. While a divorce is a very personal experience, it takes two people to end a relationship.  I accepted most of the blame for many years, totally forgetting that there was another person who had issues and contributed to the breakdown of the relationship. 

3. Let go of Toxic Relationships. Say goodbye to toxic relationships, both personal and professional, that conflicts or goes against your core values. Leaving a long-term relationship is always difficult, but once you take the leap you will experience a surge of empowerment. Surround yourself with positive and supportive people and you in turn will be more supportive and positive.

4. Take Time for Yourself. Take time for yourself. You’d be surprised how much you can learn about yourself when you spend time to reflect and have quiet time.  Take time for your loved ones. You can’t be a good mom or role model to your children, if you’re not spending quality time with your loved ones.  Money is no substitute for the memories you create with your children and you will never get that time back.  Make each day count.

5. Laugh More.  Have a sense of humor and laugh more.  Laughter is good for the soul and can make even a tense situation seem less stressful.  Find humor every day and learn to smile and laugh.  Look at the big picture, life holds so much joy and happiness if you only look for it.

6. Be kind. I love the saying: “In a world where you can be anything, be kind.”  No need to elaborate on this advice, the quote says it all.

7. Remember, you are Loved. If you feel you will never be loved again, remember you are a beautiful, loving and giving soul.  You will experience a deeper, more meaningful love than you ever imagined.  This deep love may come from another person, but it may also come from within, as you have truly learned to love yourself, just for who you are.

I look forward to the next 20 years of wisdom to give to my former self of today.   Be well and be kind.

Submitted by Audrey Blomquist, Paralegal

Receiving care for your elderly loved ones is very important. They have lived their whole lives independently and once they reach a certain age there are some things that they need help with. Many times they go to live in a place like an elderly home or nursing home to get all of their needs met. These homes generally are safe and good places for them as there are staff who can provide the things that they need around the clock. Unfortunately though, neglect can and does happen from to time. When a nursing home is found to be neglecting their residents, legal action can be taken. 

Common Neglect at Nursing Homes

Neglect can reveal itself in a variety of different manners. Some of this neglect could include staff or management at the nursing home deliberately forgetting to administer medications that leads to medical or personal issues or emergencies. Other neglect could include lack of water or food distribution or ignoring the presence of an individual. Nursing home staff failing to help out with needs they agreed to help serve like dental care, hygiene or even personal safety is also a neglecting action. If you are looking for a nursing home neglect lawyer in NJ, then lawyers from a firm like Davis & Brusca, LLC may be of assistance to you.

Other Kinds of Neglect: Abuse

While neglect in and of itself is a negative thing for you or your loved one, abuse is also a major issue. Abuse can take a couple of different forms. Some of the most common types of abuse in nursing homes are:

• Intimidation tactics by staff
• Physical punishments administered causing bodily harm
• Deliberate actions taken to penalize resident or patient that could also lead to mental abuse

There are plenty of different things that could be classified as abuse to you or your loved one. It’s very crucial that if these things are happening to take them seriously and document the events if possible. 

What can be Done to Prevent Neglect?

Holding staff and management accountable is the best way to prevent neglect. Checking up on your loved one periodically is another way to help. Aside from these things doing research beforehand on certain facilities may be beneficial. One last important thing is to check carefully as to what care certain nursing homes agree to administer. If they are found to not be administering what they said they were, then seeking legal counsel may be of sufficient help to you.

In the event that you have an open personal injury guarantee, you need to move somewhat quickly; not the same as you would on an ordinary premise. When you are documenting a case for injuries, you must be cautious as to not make any mistakes that could jeopardize your case. Here are some things to know during your personal injury case. 

Do Not Share too Much on Social Media
Insurance agencies would prefer not to pay you any money at all, so while you are carrying on with your life, they are watching you, attempting to discover discrepancies in your story, or motivations to abstain from giving you what you are requesting. For instance, in the event that you tell officials that because of a mishap you can’t take an interest in specific exercises you previously enjoyed, and photographs or recordings show you partaking in these activities, it will not help your case. Using social media to talk about your case is never a good idea. Stay away from Facebook, Instagram, and Twitter. Things that are not in line with your story can be caught and utilized against you in dealings.

Do Not Speak to Others About Your Case
Similar to a criminal case, it doesn’t help you to speak about your case to anyone other than your lawyer. Always speak to your attorney before talking to anyone about your case.  

Do Not Sign Anything
Try not to sign anything that has not been assessed and endorsed by your personal injury lawyer. There is the customarily unmistakable language utilized that a lawyer may comprehend and you may not. 

Do Not Forget to Mention Anything
Remember to report all wounds regardless of how minor. On the off chance that you look for clinical consideration for any injury, inability to track where you were seen and how much the visit expenses can eventually influence you. If your case settles and something was not paid, it will, in any case, be your obligation.

Do Not Ignore Your Doctor
Do not ignore your doctor’s recommendations, no matter how tedious they may be. Insurance agencies will view your refusal to comply with the doctor’s orders as proof that you are healthier than you claim. 

Contact an Attorney
There are sure precautionary measures you should take when you have an open case. Yet, with a skilled lawyer, like a personal injury lawyer in Atlanta, GA from Andrew R. Lynch, P.C., you will be educated regarding what not to do. If you or someone you know might be the casualty of a personal injury occurrence, contact a talented personal injury lawyer straight away.

After filing a personal injury claim, most clients want to know how long it will take until they receive their settlement. While a personal injury lawyer, like from Davis & Brusca, can offer an estimation, he or she cannot give you a detailed timeline. Different factors can affect when you receive your settlement.

The Complexity of the Case    

It shouldn’t be any surprise that complex cases take longer to finish. The more complex the case is, the more likely your lawyer will have to spend a long time taking notes on the details of the case and preparing your defense.

If it is a case where negligence is difficult to prove or where there is difficulty proving fault, then it might take longer for the lawyer to prepare a defense. Sometimes, liability is difficult to prove. If there are few witnesses and little evidence, then the defendant may have a strong case against you.

The Amount of the Settlement

If you’re dealing with a high dollar amount, expect the company to fight harder. Insurers want to pay you as little as possible. They will look for every possible way to pay the bare minimum for your injuries. Once the insurer does his or her due diligence, there is a chance that the insurer will choose to settle out of court.

When it comes to high-dollar cases, the insurers will not usually give up unless they know that they do not have a good defense against your claim, that they cannot speak out against your credibility or if your injuries are severe.

The State of Your Current Injuries

If you are still undergoing medical care, it might take longer for you to receive a settlement. While most lawyers will warn you not to wait until you finish your medical care, you do have to keep in mind that if you are still reaching your maximum medical improvement, that your case’s value may increase. If your doctor can estimate how long it will take you to make a recovery or how much money it could take to heal you, then you might be able to make a better estimate of the figure that you deserve.

To file a personal injury claim is the first step to winning compensation. Most lawyers will do their best to try to end the case as soon as possible. However, if you could win a higher award, the lawyer may suggest that you continue to fight for what you deserve.