My personal injury lawsuit story

Four Differences Between A Workers’ Compensation Claim And A Personal Injury Case

Posted by on Oct 7th, 2015 in Uncategorized | Comments Off on Four Differences Between A Workers’ Compensation Claim And A Personal Injury Case

When you’re injured in the workplace, it’s usually not possible to actually sue your employer for a personal injury settlement (except in unusual cases or if your employer doesn’t have workers’ compensation insurance). But when you’re starting the process of a workers’ compensation claim, which is the employees’ substitute for a personal injury case, you may find yourself wondering what exactly is the distinction between the two. Here are four differences that distinguish a workers’ compensation case from a personal injury case. 1. Court vs insurance Because you’re not allowed to sue your employer unless some type of intentional injury has taken place, products were faulty, or some other such oddity has occurred in the situation, regulations have been put in place to protect you in the event of a workplace injury. These regulations require businesses, especially large businesses, to carry insurance that covers the potential costs of a certain amount of coverage for workplace injuries. This means that a workers compensation case is a matter of an insurance claim, rather than a court hearing. Because you don’t go to court, your claim can actually be settled a lot faster than a personal injury case might be. 2. Coverage The coverage provided by your employer’s insurance is likely only to cover medical bills and expenses and a percentage of lost wages. This means that you’ll still lose money on the time you were unable to work, and you won’t receive compensation for abstract things like emotional distress. 3. Attorney’s role In a case that goes to court, such as a personal injury case, your attorney will be expected to represent you in person as your advocate. However, in a workers compensation case that involves no court hearings, your attorney may take a less public role. This role includes claim filing, negotiating, and providing legal advice. 4. No fault Workers compensation insurance is set up to allow injured workers to quickly and easily receive compensation without proving that anyone was at fault for their injury. This is a bonus because it allows your compensation to occur much faster with less hassle and without the time investment of appearing in court. These four differences will help you understand the ins and outs of a workers compensation case when the time comes to file your claim. Remember to hire a reputable workers compensation attorney like Modesitt Law Offices PC who will help you negotiate and jump through all the legal...

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Own a Retail Store with Stairs? Prevent a Lawsuit by Preventing Falls

Posted by on Sep 24th, 2015 in Uncategorized | Comments Off on Own a Retail Store with Stairs? Prevent a Lawsuit by Preventing Falls

Owning a retail store for the first time comes with many benefits. You can work for yourself, you can meet many great people, and if you’re selling the right product, you can make a decent living. However, it’s extremely important to take the proper measures to ensure that your customers don’t get hurt. This is especially true if you have stairs in your establishment. While you have likely gone the extra mile to make sure that your customers are safe, it doesn’t hurt to go above and beyond the extra mile. In doing so, you’ll not only keep your customers safe, but you may keep yourself out of court, as well. To help prevent people from falling on the stairs in your business, here are some precautions to take. Add Traction to the Steps Glue some thin rubber mats to each stair. Because aesthetics are important to you, cut the matting into strips and glue them to each stair on the tip only. Doing so allows the beauty of the stairs to still show through while still keeping your customers safe. Place the Right Rugs at the Top and Bottom Since you never know what the weather is going to bring, place a rug at the top and the bottom of the stairs. The rugs should be manufactured specifically for use in slippery areas, so choose a rug that has a rubber bottom, such as a doormat. Keep in mind that the busier your business becomes, the more often you’ll need to replace these rugs. They should also be cleaned either in your washing machine or by the dry cleaners once a week, or maybe every two weeks. Invest In Some “Wet Floor” Signs Purchase various signs to alert people to their own need to be careful. You can obtain some standing “wet floor” signs to place in the areas that usually get wet when it rains, such as doorways or main walkways at the interior front end of the store. You can purchase other signs as well. For instance, contract with a sign maker to create signs to place at the top and bottom of the stairs, asking customers to hold onto the rails as they’re walking up and down. The signs can go a long way in preventing accidents, and can even help defend you in court should the need arise. Even though not all accidents can be prevented, you could stand a better chance at winning your case, should an accident occur, if you take the proper steps ahead of time and do everything you possibly can to prevent one. Ask a personal injury attorney, such as Steven J Glaser, Atty, about other ways that you can keep your customers safe to prevent undue hardship to them and lawsuits aimed at you and your...

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Determining Whether You Have A Case For Medical Malpractice

Posted by on Sep 14th, 2015 in Uncategorized | Comments Off on Determining Whether You Have A Case For Medical Malpractice

Not everyone who isn’t happy with the results of their treatment by a doctor or another medical professional has a case for medical malpractice. There are a few circumstances that need to be met first. Speaking with a medical malpractice lawyer can help you determine whether you may have a case worth pursuing and what type of result you might expect given the evidence. Did the Doctor Provide the Proper Care? This means that the doctor treated you the same way most other doctors would have, given the same situation. If the doctor followed the standard treatment protocols for the condition and didn’t break any laws or rules, you probably don’t have a case. The most common reasons for people to hire medical malpractice lawyers include not diagnosing a medical problem or diagnosing this problem too late, prescribing or dispensing the wrong medication or the wrong amount of medication, not responding properly to signs of fetal distress in childbirth, not ordering a cesarean section when necessary, anesthesia errors and surgery errors such as leaving instruments in the body, operating on the wrong part of the body or puncturing internal organs. Did Improper Care Result in an Injury? Once it’s been shown that a medical professional didn’t properly treat a patient or was negligent, even the best medical malpractice attorneys still need to show that this caused harm or an injury that wouldn’t have otherwise occurred. This doesn’t just mean that the patient didn’t get the result they wanted. It means that they were harmed because the medical professional didn’t do what they were supposed to and that negligence caused the harm. Were the Consequences Very Damaging? It’s very expensive to follow a medical malpractice case through to the end, so it doesn’t make sense to sue unless there were major damages, such as a disabling injury, not being able to work for an extended period of time or long-term pain and suffering. The potential damages need to be worth more than the cost of the case. There is one case in which you may be able to sue even if the doctor did a procedure perfectly and you were still injured. This is if the doctor failed to tell you ahead of time that such an injury was a potential outcome and get your informed consent. This situation would still be considered as meeting the first condition because the doctor was negligent in getting your informed consent. You might have chosen not to have the procedure performed if you knew about this potential...

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Possible Reasons Your Workers’ Compensation Claim Was Denied

Posted by on Aug 10th, 2015 in Uncategorized | Comments Off on Possible Reasons Your Workers’ Compensation Claim Was Denied

In the event you are injured in the workplace, you can file for workers’ compensation benefits. However, there is no guarantee that your employer’s insurance company will agree that you are entitled to benefits. If the insurance company has denied your claim, it is important that you understand why. Here are some of the most common reasons and what your attorney can do to appeal the decision. Independent Medical Examination Report Challenges Your Injuries In some cases, the claimant is required to undergo an independent medical examination, or IME. The IME is conducted by a doctor who is usually chosen by the insurance company. Ideally, the doctor is unbiased and fairly assesses your injuries. Unfortunately, this does not always happen. If the insurance company is refusing to pay because the IME report challenges the severity of your injuries, your attorney can request a new examination. When requesting the examination, your attorney can ask for a new doctor to complete it. If the insurance company is unwilling to grant the IME or the request for a new doctor, your attorney can file a formal request with the state labor board to force the new exam and doctor.  Your Refusal to Cooperate When you file a claim for workers’ compensation benefits, you are required to cooperate with the insurance company while it seeks to determine if you qualify. However, if you felt that part of the process was unfair or unnecessary, you might have avoided or refused to cooperate. Without the information needed, the insurance company can refuse to authorize the benefits.  If your lack of cooperation was the reason cited for the denial, there is a simple remedy. Your attorney can arrange for you to complete the task needed by the insurance company. If you have a concern about the reason for the task or believe that it will adversely affect your case, inform your attorney.  For instance, if you had an old injury that you think the insurance company could use to deny your claim, your attorney could ensure that the company only has access to the medical records that apply to your work-related injury. By doing this, you can prevent the company from blaming an old injury and increase your chances of getting approval for your benefits.  Regardless of how clear-cut your workers’ compensation case might seem, it is a good idea to talk to an attorney. By having an attorney guide you through the system, you can overcome any challenges to the claims process you might...

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Exposed To Asbestos At Work? Understand Your Rights

Posted by on Jun 25th, 2015 in Uncategorized | Comments Off on Exposed To Asbestos At Work? Understand Your Rights

If you have been exposed to asbestos in your workplace and contracted mesothelioma, you may be able to seek compensation for the damages that were caused. Unfortunately, with laws varying between each state, it can be difficult to have a firm grasp on what your rights are. By understanding your rights, you will be able to hold someone responsible for your injuries. Using Workers’ Compensation For Employer Related Injuries There are many states where an asbestos related injury can be settled through workers’ compensation rather than a personal injury lawsuit. State laws allow mesothelioma to be treated in the same way as a broken arm while working on the job, giving you options for how you want to handle it. If you decide to file a worker’s compensation claim for a settlement, you lose the ability to sue your employer in a personal injury lawsuit. You must go through the process of applying for workers compensation, which is not handled in court, but through interviews and filing forms. It is possible for your workers’ compensation claim to be denied, but you can always have it appealed in court. Seeking workers’ compensation does not protect contractors, manufacturers, and suppliers. You can still sue them in addition to receiving workers’ compensation, since they were also responsible for the injury you sustained. Identifying Your Employer In order to successfully apply for workers’ compensation, the responsible employer will need to be identified. This can be tricky because asbestos exposure typically occurs in different industrial settings, with contractors working for other companies. For example, you may have worked for a specific plant for 25 years when exposed to asbestos, but you were actually working as a contractor for a different company that owned the plant. It would be a good idea to start by looking into the company that signed your paychecks, as they are most likely the employer that your workers’ compensation claim would be through. This would also apply if you worked at multiple locations while employed as a contractor. The location that contained the asbestos would not be responsible, but the employer that assigned your job to work at the location with asbestos. Compensating Secondary Exposure Even if you were not directly exposed to asbestos, secondary exposure to the material is a real possibility. Those that have been affected with mesothelioma due to secondary exposure can still receive compensation for their own medical bills, lost income, and other related expenses. If you have suffered from mesothelioma due to asbestos exposure, you can get compensated for the damage it has caused you or a loved one. Work with a personal injury attorney so that you can file the proper claim against those...

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What To Do If Your Workers Compensation Claim Is Denied

Posted by on Jun 17th, 2015 in Uncategorized | Comments Off on What To Do If Your Workers Compensation Claim Is Denied

Once you have filed for workers compensation as a result of being injured in a work-related accident or illness, the wait for the results begin. You’re undoubtedly hopeful that you will be approved so that you can get your medical bills and lost wages paid, but you may be worried about the outcome of the claim. There are a few reasons for your claim to be denied, so read below for more information about denials and what you can do if you are denied workers compensation. Reasons You May Be Denied Workers Compensation 1.  Drugs or Alcohol:  Many states will test you immediately at the emergency room or doctor’s office for the presence of drugs or alcohol if you are being seen for a work-related accident or illness. Prescription medications may turn up in your drug screen just as illegal drugs do, but if you have been denied on the basis of having a legally prescribed medication in your system, you should immediately consult a workers compensation attorney for assistance. 2.  Witnesses: Sometimes your word is not enough and your claim is denied due to lack of collaboration from others. You must make every effort to locate witnesses: Check with all co-workers who could have seen the incident, even people that you don’t know well or that don’t regularly work in your area. Go back to the scene and look for possible witnesses, checking also for video cameras. Check with people that you told about the accident, injury or illness, even friends and family members. 3.  Accident Report: Take care in completing your report to be as accurate as possible, and to give medical personnel the exact same set of facts. It’s vital that the accident report and the medical records match up perfectly. If you feel that you have made an error in the report, you may be able to appeal the denial and correct the report. 4.  Recorded Statement:  The workers compensation company will often deny your claim based on the fact that you did not agree to give a recorded verbal statement about the accident. This is not a valid reason for the denial; you are not required to give a recorded statement. Make sure to retain a workers compensation lawyer to assist you at this point and never give a recorded statement without your attorney present. Claims are often unjustly denied for the above reasons, and many others. If your claim has been denied, contact a workers compensation attorney like one from Kuzyk Law as soon as possible to help you with your...

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Keeping Up With The Cash: Learning To Live On Social Security Disability

Posted by on May 27th, 2015 in Uncategorized | Comments Off on Keeping Up With The Cash: Learning To Live On Social Security Disability

Living on a fixed income can be rough, especially in a world where everyone has to deal with rising costs. There are increase to the cost of living, but depending on the prices in your city this may or may not keep up with rising costs. Luckily, with a little bit of maneuvering, you can learn to live on a fixed income for social security disability. Adjusting to social security disability means finding new methods of living and new ways to make your income stretch further. If you are interested in finding out how to live ell on social security disability, consider the tips below. Speak with Your Lawyer about Expectations Social security disability payments will differ depending on the person. In order to find out exactly what you are eligible for and the best way to get approved for disability, consult a lawyer like the ones at R.J. Marzella & Associates, P.C. They will be able to go through the calculations and legal determinations to figure out the monthly social security that you will receive. Find Income-Based Housing One of the biggest payments that most have is their rental and home payments. Income-based housing will be crucial to freeing up your income. Many income contingent housing programs help those who are on disability and receive other government funding. If you cannot find housing based on income in your direct area, consider finding housing that will be 30% or less of your overall monthly income. Come Together with Others Communal living with friends and others who receive social security income can help everyone. Roommate living or communal living will help to stretch incomes. Sharing housing, meals, and pitching in to help one another will free up income and make life easier. Those with disabilities often need help or aid, but this is not easily afforded on a fixed income. By helping to lower the expenses and increase the help of others on SSDI, you will also increase your life quality. Find Free Hobbies Hobbies tend to be expensive for those who have low incomes. Finding free or low cost ways to spend time can increase health and increase money in the bank. For instance, small gardening has low cost, only requiring containers, soil, and seeds. By growing foods, you can decrease monetary consumption and have a pastime.  Painting is yet another hobby that can be performed with low-cost paper and paint or pencils available at many discount retailers. Free and low cost enjoyment can increase your creative nature while minding your nominal income....

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Losing A Spouse & Getting Injured In A Collision: How A Lawyer Can Help You Sue

Posted by on Apr 22nd, 2015 in Uncategorized | 0 comments

Did you lose your spouse and get badly injured after your vehicle was struck by a reckless driver? If you want to recover without accumulating a lot of bills in the process, your first step should be hiring a lawyer. Below, discover how a personal injury lawyer will build a firm argument to help you get compensated in a lawsuit against the other party. How Can a Lawyer Build a Good Case for a Car Accident Victim? Obtaining indisputable evidence that you did not cause the car accident is one of the things a lawyer will do to build your case. It is a good idea to take the accident report with you to hand the lawyer during the initial consultation about your situation. However, he or she can get the accident repair during the process of working on your case if you don’t want to get it. The lawyer will investigate the incident further and gather evidence in case the other party contests the accident report. Building your case will also involve the lawyer finding witnesses. It is likely that he or she will interview business owners that are located near the scene of the accident in case they have it captured on video surveillance. If the accident happened in a residential area, a few of the residents may be interviewed and asked to be witnesses in court. A few things that you may get compensated for after the lawyer builds your case include: Mental anguish Pain & suffering Funeral expenses Medical expenses Loss of companionship Loss of income from spouse Loss of income from your job Handicap accessible equipment for your house Will an Upfront Fee Have to Be Paid to the Lawyer? Lawyers working personal injury cases will usually charge clients a contingency fee when they are confident that the case will be successful. A contingency fee is money that will not be paid in advance, as it comes out of money from the lawsuit. You will basically have to pay a certain percentage of what is won, which is commonly an average of up to 40%. You will also have to pay an average of up to $2,000+ in court costs out of the lawsuit money. Recovering from an injury after a car accident is frustrating, but it is even harder to cope with when you have lost a spouse as well. Consult with a personal injury lawyer so he or she can build your case for a lawsuit against the reckless...

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Misdiagnosed By A Doctor? What You Need To Know To File A Claim

Posted by on Apr 5th, 2015 in Uncategorized | 0 comments

Medical malpractice cases are not limited to what happens after a medical care provider treats a patient. In some instances, a successful claim of malpractice can be made for failing to diagnose a condition in the first place. If you want to sue your doctor or other health care provider due to a misdiagnosis, here is what you need to know.  What Cases Are Usually Misdiagnosed? There are many different conditions which could be misdiagnosed by a doctor, but some conditions are more commonly misdiagnosed than others. For instance, a misdiagnosed case of indigestion or a panic attack could actually be a heart attack. Other conditions that are commonly misdiagnosed include asthma, strokes, staph infections, and lymph nodes.  What Causes a Misdiagnosis? When a doctor mistakenly misdiagnoses a patient, it could be the result of a failure to properly screen for the condition. It can also occur if the doctor hasn’t properly vetted the symptoms that the patient is experiencing.  If there is reasonable cause to suspect that a more serious underlying condition might be present and the doctor fails to refer the patient to a specialist, this could be considered malpractice.  If another factor led to your misdiagnosis, your malpractice attorney can review it and decide if it is truly a contributing factor.  Who Can You Sue? Some mistakenly believe that medical malpractice cases are limited solely to doctors. Even though you can sue your doctor if he or she is responsible for your injuries, there may be others who are responsible, too.  For instance, if a lab tech improperly read the results of your tests, you can also sue him or her. The same is true for specialists, hospitals,  and nurses.  Some defendants might be more difficult to hold responsible than others. For instance, the hospital might not be liable even though the doctor’s misdiagnosis occurred there. A large number of doctors are independent contractors. As a result, the hospital is usually off the hook for the actions of the doctors unless there are extenuating circumstances.  What Do You Have to Prove? In a medical malpractice case involving a misdiagnosis, you have to prove that the failed diagnosis resulted in harm. For instance, if you were diagnosed with cancer and had to endure chemotherapy, but it turns out you did not have the disease, you could cite the pain from the treatment as cause for the suit.  Medical malpractice cases benefit from the help of an experienced attorney. The cases are extremely complicated and you will need someone who can understand the legal aspects on your side. If your case focuses on an injury that is specific to the Hispanic ethnicity, consider seeking the expertise of a Hispanic attorney to build your...

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Determining Pecuniary Loss In A Wrongful Death Case

Posted by on Apr 3rd, 2015 in Uncategorized | 0 comments

Pecuniary losses form an integral part of a wrongful death case. These are losses that can be measured in monetary terms (such as lost wages), unlike losses that are difficult to measure in terms of money (such as pain and suffering). There are several methods and ways of calculating pecuniary losses, and the common ones are: Determination of the Direct Monetary Losses  One of the first things is to determine what the monetary losses that the decedent’s loved ones have suffered as a result of the wrongful death. These damages include things like: Loss of earning Funeral expenses Medical bills Loss of benefits (for example, if the family was reliant on the decedent’s health insurance) Expert Testimony The above losses are relatively easy to calculate, with the operative word here being “relative.” As you may suspect, it is not exactly easy to calculate how much a person would have earned in his or her lifetime due to the unknown nature of the future. In many cases, expert witnesses (in this case financial experts or economists) are brought in to make the calculations. They do this by factoring different issues such as: Last salaries Expected promotions or growth of business (if the decedent was a business person) Age Education Jury Award The jury will use the economist’s testimony as well as other evidence for and against the case to award the relevant damages. In a few jurisdictions where punitive damages are allowed, the jury is also expected to come up with an appropriate figure. States that permit punitive damages use it both as punishment for the guilty party, and as a warning to others who may cause the same injury. Court’s Adjustment Rarely is the jury’s award used as the final figure for compensating the decedent’s loved ones. In many cases, the court adjusts the figure to what it believes is just and fair to all parties. Some of the factors that the court may use to arrive at the final figure include: Limits for each damage according to the state’s laws The behavior of the decedent –for example, the court may revise the damages downward if the decedent used to squander most of his or her money and leave his or her family to suffer As you can see, there are many issues that come into play when pecuniary losses are calculated. Thus, it is not easy to predict what the jury may award. It is best to listen to your lawyer during the negotiations or trial because he or she has handled similar issues in the past and may have an inkling of what to expect. For more information, contact a personal injury lawyer like Greg S....

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