What To Do When You’re Injured in a Car Accident

Anytime you are in a car accident, there is the chance of serious injuries. Have you been in a car accident in which you were injured and another driver’s neglect caused the accident? I spent weeks in the hospital recovering, and then using the legal system to make the responsible driver who caused my injuries to pay for medical bills and lost wages. I have learned much about the legal system and how it works. I have compiled everything that I thought could be helpful to others who are experiencing the same difficulties that I once did. Hopefully, it is all useful to you as you trudge through this difficult time.

Why You Should Not Rely On Law & Order If Arrested

Thanks to primetime drama television shows, people assume they know how to handle a criminal case. Television shows such as Law & Order have people believing things that can seriously cost them if they are arrested in real life. Here are a few falsehoods that you may have come to believe are truths. You are in the clear if you have an alibi… The only time alibis are good is when they are bulletproof. If the prosecution is able to find holes in the alibi, or create doubt, you will have to show beyond a shadow of a doubt why you are innocent. It gives the prosecution the ability to direct the jury to the holes in your defense, rather than having the jury hear why you are innocent. Remember, you are to be considered innocent until proven guilty, so without an alibi, the prosecution must fully convince the jury you are guilty. Your case will be dismissed if you were not read your rights… Your Miranda Rights are the rights that are read to you upon being arrested. These rights are printed on a card that an officer will read off when you are being detained. While your case will not be dismissed on the grounds of the failure to read you your rights, any evidence that is collected due to the questioning will be suppressed. If, and only if, the state has no other evidence against you, then your case will be dismissed. Mistakes by police, equal the case being dismissed… Unless the mistake the law enforcement officers or crime scene investigators make greatly impacts the outcome...

Dangerous Nightlife | Common Myths About Bar And Nightclub Injuries

If you like to go out and have a good time with your friends, maybe have a few drinks and dance, there is a good chance you will visit a nightclub or bar at some point. Even though this is a perfectly safe and enjoyable way to have a good time most of the time, there are always those places that do not hold the best standards. Fights and scuffles are common in some locations, especially when heavy drinking may be involved. If you are injured while being a patron at one of these locations, you may just head home and deal with your own injuries and any bills you have as a result. However, you should know that even an injury you receive in a bar or nightclub could be cause for a personal injury claim. Here are a few of the most common myths concerning injuries in bars and nightclubs. Myth: You cannot sue for your injuries if you are not sure who was responsible for your injury. Fact: In a bar or nightlife setting where there may be hundreds of people around, it is true that you may not always know exactly how you were injured. For example, if a fight breaks out, you may be hit in the face with a thrown object, but not be sure who launched the item at you. Regardless of how you were injured, you should report the incident to management at the establishment. The business should have liability insurance that covers injuries on the premises, and if their insurance will not pay for medical bills and lost wages, you...

Get Help With Presumptive Conditions In VA Claims

Not all injuries are as obvious as lost limbs, which can making filing a claim with the Department of Veterans Affairs (VA) difficult. If you weren’t given a medical discharge, but have been suffering due to the difficulties caused by your injuries, you may need to gather evidence for presumptive injuries. To get a better understanding of presumptive injuries, consider a few scenarios and claim filing techniques that can push you toward a successful claim. What Are Presumptive Injuries? There are times when an injury exists, but can’t be linked to an exact cause or level of severity. As long as a complaint or assessment of the injury was claimed during your military service, a presumptive claim–called presumptives (listed in this PDF from the VA) by the claim system–can be investigated and left open for future evidence. Take a severe leg pain for example. You could have been in a field job that required lots of running, jumping, climbing or other regular leg stress. You may not have explicitly broken your leg, but the possible wear and tear on the leg is possible.  Unfortunately, the VA doesn’t just hand 100% disability rating to any random person that complains about leg pains. Any veteran wanting some extra cash would make similar claims, contributing to the already troublesome fraud issues that take away resources from taxpayers and veterans in legitimate need. Proving A Presumptive Case Having a presumptive injury is not at all a guarantee of success. Your proof of military service injury must be in writing and supported by medical record statements, but you’ll need to have a medical examination...

Avoid Making One Of These 3 Mistakes In Your Injury Claim

Regardless of what type of injury you sustain, there are certain things that you need to do to make sure you get the compensation to which you are entitled. Making just one mistake could end up jeopardizing your case and costing you a settlement. To help prevent the other party from taking advantage of you, there are a few things you need to keep in mind when it comes to settling your accident claim. Don’t settle your claim too quickly. Sure, no one wants their personal injury claim to drag on for months at a time. You want to put an end to it as quickly as possible so you can move on with your life. However, that doesn’t mean you should take the first settlement the insurance adjuster offers you. Adjusters will often try to pressure you into settling, but you need to wait. Signing a release form and taking a settlement without consulting with an attorney means you aren’t going to be able to go after the insurance company for additional compensation. You need to know what type of medical treatment you are going to need and how extensive your injuries are before you agree to anything. With a trained lawyer working on your side, they will guide you through the process from start to finish to ensure you get the funds you deserve. Don’t try to claim you are injured more than what you are. Injuries are one thing, but that doesn’t mean you should try to claim something that didn’t happen. Exaggerating how badly you were injured can end up costing you down the line....

Do You Need A Trial Attorney For Your Worker’s Compensation Claim?

Have you been injured at work? Most employers who have more than 10 employees are required to carry worker’s compensation insurance. This insurance should be paying for your medical bills, as well as a portion of your salary if you are unable to work for a long period of time or are permanently disabled. In most cases, this works as it should. However, sometimes, problems arise with your claim. Often, they are small and can be handled with additional paperwork or medical documentation. But what if a bigger problem arises that threatens your claim’s entire validity? If you have a big issue with your case, do you need to get an attorney? Here are three instances where a trial attorney should be hired to take your worker’s compensation case to court. 1. Your Disability Rating Is Disputed If your worker’s compensation insurance agrees you are disabled, but disputes the disability rating your doctor gives you, you may need to hire a trial attorney, like Irene M Rodriguez PA, and take the case to court to get the full amount of money to which you are entitled. Very high disability ratings are often disputed by worker’s compensation companies because they are worth a lot of money. The company doesn’t want to pay it out, so it disputes it. You may have to prove in court that your disability rating is genuine in order to get the full value of your claim. An attorney can help you with this. 2. Your Claim Is Denied Sometimes, questions arise as to whether or not you are eligible for worker’s compensation benefits. Some questions that...

Ways A Grappling Tournament Promoter Could Cut Down On Avoidable Injuries

The popularity of grappling in the martial arts has led to a very vibrant submission wrestling tournament scene. Since no striking is allowed, the tournaments are relatively safe and attract hobbyists of all ages and skill levels. Even though the physical contact is limited, a danger for injury always exists. To reduce unnecessary risks, promoters must institute common sense policies to preserve the safety of competitors or face claims of liability. Devise Appropriate Brackets Smaller tournaments often consolidate brackets when there are few participants. For safety’s sake, the consolidation must be done within reason. Cutting corners by setting up an advanced division for those with “two or more years experience” and a weight range of 150 lbs to 200 lbs is both absurd and dangerous. A 155 lb grappler with 26 months of experience is at great risk for injury when facing someone who is 198 lbs and has nine years experience. The smaller, less experienced competitor runs the risk of being manhandled and hurt. Confirm Experience Level Always verify the actual experience levels of competitors. On the sign-up application, request competitors list all previous tournament experience. Run the person’s name through the search engines to see if he/she turns up in the results of other competitions.  Mismatches are not only unfair to less experienced competitors, they are also dangerous. Not performing the due diligence to ascertain the truthfulness of competitors claiming to be beginners may lead to injuries. With injuries come lawsuits. Prevent Dehydration Weigh-ins A tactic among experienced grapplers is to massively dehydrate water weight in order to enter a lighter division. Upon re-hydrating after the weigh-in,...

The Werewolf’s Curse Sheds Moonlight On Curtailing A Personal Injury Claim

Even though its not the “real you” who causes injuries as a result of turning into a werewolf, you know the alter-ego is a dangerous beast. Hence, you are legally responsible for any reasonably avoidable actions committed in wolfman form. How much effort you put into restraining the creature factors into determining the level of responsibility for any harm caused by the monster.  Self-Determining the Standard of Prevention A common cliched scene in horror movies depicts the person cursed to become a werewolf hoping to avoid trouble by transforming in a remote wooded area. The assumption is the location ensures no innocent person ends up crossing paths with the beast. This plan is not a reliable method of preventing injury, as too much is left to chance since the creature is roaming without supervision for several hours.  You cannot simply select the easiest and cheapest method of prevention just out of convenience and a hope for the best. Preventive steps must be based on acceptable standards of safety. Anything less could be deemed negligent. Taking the Most Effective Safety Measures Werewolves can be restrained, but an enormous amount of effort is required to do so. Chaining a person to a wall or tree prior or locking the person in a cage prior to the transformation is an attempt at restraint, but is not reliable. Werewolves have been known to rip chains out of walls, rip the doors of cages off their hinges, and even chew and tear through straight-jackets.  Ineffective steps for restraint and prevention are not going to reduce liability. Putting the werewolf 20 feet down an impossible-to-climb abandoned...

Professional Injury Attorney Assistance For Your Auto Accident Claim

If you are suffering from the aftermath of an auto accident in which another driver was at fault and are planning on filing a claim, it is always a good idea to consult with a professional accident attorney like McLaughlin & Lauricella, P.C. prior to moving forward. Attempting to negotiate with an insurance company on your own can be tricky, especially if you are facing mounting medical and car repair bills or if the other driver claims they are not responsible. An attorney who specializes in auto accident claims can help to ensure that your case is handled properly and will do their best to obtain a fair amount of compensation for your pain and suffering.  Auto Accident Attorney Consultation The first step in filing an auto accident claim is to meet with an attorney for an initial consultation. In order to prove that the other driver is liable for your injuries and auto damage, it is imperative that you present the attorney with a substantial amount of evidence to strengthen your case. Important evidence can include copies of medical bills and physician statements, photographs of your injuries, photos of the accident scene and car repair estimates. If there were any witnesses to your accident who are willing to make statements to back up your claim, you will also want to provide the attorney with their contact information. The attorney will conduct a thorough interview and examine your evidence. If they feel that they can assist you with your case, they will provide you with a legal agreement and advise on the next steps in the process.  Accident Investigation In...

Understanding When It’s Possible To Sue Your Employer For Personal Injury

Here are a few instances when you actually can sue your employer for personal injury. First, you need a little understanding about when you typically cannot sue. Why You Usually Can’t Sue Your Employer for Personal Injury Workers compensation is a form of no-fault insurance. If you slip and fall at the job, no matter the reason or who is to blame, you usually cannot sue your employer. Your employer will pay you out of their workers compensation fund, if your case goes well for you. This isn’t a terrible situation. Workers compensation can pay for medical bills as well as lost wages. However, it will not pay for pain and suffering. Workers compensation works on both a federal and state level. It’s designed so that your employer doesn’t have to accept liability and doesn’t have to pause business to deal with individual cases and claims. So, When is It Possible to Sue Your Employer? You can sue your employer for personal injury in a few narrowly defined situations. If your employer doesn’t carry workers compensation insurance. In cases where the employer doesn’t have workers compensation insurance, then your only option is to sue for personal injury. This situation is cut-and-dry. It’s possible that your lawsuit will bring to light that your employer is in violation of laws that require the business to carry workers compensation insurance. When your employer intentionally causes you harm. In this case, the important word is “intentional.” Workers compensation can protect your employer from any amount of negligence, but intentional harm is something different. If a manager at a fast-food restaurant carelessly forgets to...

Has An Injury Threatened The Safety Of Your Income?

If you’ve been injured on the job, there is more at stake than your lost wages and time at work. Even if you’re able to move around and return to work, there may be lost potential and future consequences that can have a serious affect on your financial future. As you consider your options after a workers compensation claim opens, think about other legal options that could safeguard your income after injury. You’ve Returned To Work. What’s The Problem? Getting back to your normal day of work can be relieving–or annoying, if you were enjoying the hospital stay as a short vacation. As you start your old routine, think about pain, resistance and focus. Injuries can lead to some fairly strange changes in the way you get things done. A few weeks of slower work due to pain or stiffness is reasonable, but if your difficulties carry onto the next year, you may have some problems that involve much deeper, dangerous consequences. Your condition could be getting worse. A broken bone may be releasing shards or the chondroblasts that help your bones heal may be slower to form bonds. Continuing to put stress on a wound that is far more damaged than anticipated could slow down the healing process and even lead to another accident. Get An Honest Performance Evaluation If you’re working slower or less accurately because of your injury, you’ll need it in writing. Your employer may be fair and understanding with your injuries at first, but if you find yourself near termination because of a poor performance review, you’ll want to bring up the injury and...