My personal injury lawsuit story

FAQ About Suing After A Collision

Posted by on Sep 1st, 2016 in Uncategorized | Comments Off on FAQ About Suing After A Collision

Did the driver of a large company truck crash into your vehicle and leave you with a long-term injury? If your life has changed and will never be the same due to the incident, seeking justice financially might help you cope better. The first thing that you will need is a good attorney to help you receive compensation to the fullest amount that you deserve. This article will answer a few questions that you might have in regards to how an attorney can help you get justice. Will the Attorney Need the Accident Report?  The accident report will play a role in whether or not you are found to be responsible for the collision. However, even if the report puts the other party at fault, it can be contested later on. The attorney will need the report so he or she can review what the law enforcement officers said about the incident. You will not likely need to obtain the report on your own, as the attorney can do it on your behalf. Can the Employer of the Other Party Be Sued? Being that your motorcycle was hit by a company truck driver, it is possible for his or her employer to be sued. An attorney will basically investigate to determine if the driver was not properly licensed, and if your employer new about it.  The overall history of the employer in regards to being sued for accidents will be investigated. You can actually end up getting compensated from the employer and driver of the truck. How Much Evidence Will the Attorney Need? The extent of evidence needed will require on what exactly you are going through, such as you need counseling, handicap accessible equipment and etc. If you lost your job due to the injury, you can provide past pay stubs and a statement from your employer. You will also need to give the attorney proof of your injury, but he or she can obtain your medical history if you give permission. It is possible that the attorney will want you to visit the accident site with him or her and tell your story about what happened. He or she can then create a diagram to use as evidence, as it can demonstrate why you can be held liable if the accident report is contested. When Will Compensation Be Received? There is no set amount of time in which you will be compensated. The outcome will depend on the complexity of the case and strength of your lawsuit. However, it is likely that your attorney will try to reach a settlement out of court to speed things up. Contact an accident attorney so the lawsuit can get...

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Top 3 Benefits Of Hiring An Auto Accident Lawyer

Posted by on Jul 18th, 2016 in Uncategorized | Comments Off on Top 3 Benefits Of Hiring An Auto Accident Lawyer

Are you a driver who was recently involved in an automobile accident? Was the accident not your fault, but you’re having trouble convincing the insurance companies that you’re telling the truth? If you’re getting frustrated with the entire process, it may be time to hire a lawyer to help you. Here are some reasons why hiring a lawyer may be the best decision you could make: No payment up front: A lot of people are reluctant to hire a lawyer because they’ve heard how expensive attorneys can be. Fortunately, you can look for an auto accident lawyer who works on a contingency basis. Instead of expecting money up front, he or she will take his or fees out of whatever money you are finally awarded. As a result, this can help them be motivated to get you as much money from your case as possible. If he or she is unsuccessful for some reason, you usually won’t owe the lawyer anything at all. Annoying phone calls will stop: Not all phone calls, of course, just the ones from the insurance companies. Right now, you may be receiving multiple phone calls every week that are trying to pressure you into taking an unfavorable settlement. If you take this settlement, you’ll lose the right to get more money if it turns out that you have injuries that are more severe than you and your doctors had previously thought. Once the insurance company or companies learn that you have an auto accident lawyer, they’re legally obligated to make all contact through your attorney. No longer will you have to wonder if a call is one that you want to take or is just another insurance representative. More time for other things: Aside from fielding calls from eager and high-pressure insurance agents, dealing with the aftermath of an accident can be time-consuming. They may have many forms that they want you to submit in a certain way and for you to gather your medical bills for them to examine. Then once you’ve done that, it can seem like they invent new forms that are almost identical to the old ones that need to be filled out. If you hire an auto accident lawyer, his or her office will take care of all of the necessary paperwork with the insurance companies and the court system. Instead of answering questions about the accident for what seems like the 100th time, you can instead concentrate on your recovery and taking care of daily chores.  Click here for more information about working with a car accident...

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Three Professionals You Will Need to Consult Prior to or During Your Truck-Accident Lawsuit

Posted by on Jul 7th, 2016 in Uncategorized | Comments Off on Three Professionals You Will Need to Consult Prior to or During Your Truck-Accident Lawsuit

As a surviving victim of a truck accident, you may have all kinds of medical issues. If you are thinking about suing the truck driver or their company, your truck-accident attorney will need you to do a few things first. This includes visiting certain professionals to get professional opinions, recommendations, and information regarding your treatments and care. The following three professionals are representative of the most commonly requested professionals that your lawyer may ask or require you to see before or during your case. Medical Doctor This person could be your family doctor or a general practitioner, so long as it is a doctor that you have seen regularly under normal conditions and now will see more often because of your accident. Your medical doctor can supply your lawyer with the documentation that your lawyer needs to prove that your injuries were not only substantial but also caused by the accident and not present prior to the accident. Be consistent with your follow-up appointments with this doctor and be sure to sign a waiver that will allow your doctor to speak to your lawyer with regard to your injuries and your case. Physical Therapist If you are referred to a physical therapist because your injuries prevent you from walking, standing, sitting comfortably, lifting, writing, or typing, your lawyer will expect that you attend your appointments for the therapist. You should provide your lawyer with this information too. It points to the difficulties you are having with mobility after the accident versus your ability to move before the accident. The physical therapist can also provide a professional opinion with regard to your ability to move easily in the future and perform most duties that you were able and capable of doing before the accident. Mental Health Professional Whether you see a therapist or a psychiatrist after the accident does not make a big impact on your case, but seeing a mental health professional of some sort is a good idea. You may have experienced some mental or emotional trauma during or after the accident and may need some help resolving what you feel about this major event in your life. If you had passengers in the vehicle with you and they were killed or badly injured, you may have a lot of emotions about the accident that you should address (e.g., anger, sadness, or depression). Your lawyer may also request these records if you intend to sue for pain and suffering. For more information about preparing for a truck-accident lawsuit, contact a firm such as The Jaklitsch Law...

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Product Defects And Wrongful Death: Getting The Compensation You Deserve

Posted by on Jun 17th, 2016 in Uncategorized | Comments Off on Product Defects And Wrongful Death: Getting The Compensation You Deserve

Business owners are expected to design products in such a manner that ensures that these products are safe for the consumer. However, there are cases where product manufacturers fail to test products adequately and this can lead to injuries n possibly a wrongful death case. If a product has a defect that leads to the death of a customer, a loved one of the customer can then sue the manufacturer for damages. How Wrongful Death Lawsuits Work Wrongful death lawsuits are used to bring compensation to loved ones for the loss of a companion and to also act as a deterrent for businesses that otherwise are not careful regarding the design of their products. While most wrongful death cases have the plaintiff as a family member, with others, the estate executor is the plaintiff. The executor then begins the lawsuit on behalf of the heirs. Proving The Product Was Defective To receive compensation for the death of a loved one over a product that was defective, you will need to prove first that the product was defective. Then, you will need to prove that the defect existed at the time that the manufacturer was still in control of the state of the product. There are no specific rules regarding what causes a product to be considered defective. Having a defect is something that is decided by each individual jury. Defects are divided into manufacturing defects and design defects. A manufacturing defect is referred to as a defect that is based on how a product is made and not the design of the product. For example, if the manufacturer does not follow the blueprints for manufacturing the product, this would be the fault of the manufacturer. Other defects are design defects. These are when a product had design flaws that lead to a wrongful death. For instance, a device may not cool properly as a result of design flaw and may overheat. This could create a fire that would lead to the death of a loved one. Duty Of Care As a loved one, you will need to prove that there was a duty of care. By having made the product, it will be clear that the manufacturer or designer had this responsibility. There must also be a breach of duty of care and this must have directly caused the death. If all of this is true, you should then contact a wrongful death attorney who can help you seek the compensation you...

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3 Common Types Of Personal Injury Cases

Posted by on Jun 3rd, 2016 in Uncategorized | Comments Off on 3 Common Types Of Personal Injury Cases

Many people do not realize that they could very well find themselves the plaintiff in a personal injury case. If you have found that you have suffered personal harm due to someone else’s negligence or reckless behavior, then there’s a chance that you could sue for damages. Throughout the course of this brief article, you will learn of just a few common types of personal injury cases. If you find that you fit the description of someone who has suffered due to one of these issues, it is highly recommended that you call on the services of a professional personal injury lawyer. Slip And Fall Cases Slip and fall cases occur when an individual slips and falls at a business or someone’s property due to the fact that the business owner or property owner did not take significant precautions to make sure that their land or business did not contain hazards that could cause someone to slip and fall. There are numerous examples of slip and fall cases, although one of the most common is the case of the lack of a wet floor sign. If a grocery store owner, for example, has an employee wash the floors of an aisle, and that employee does so, but fails to take the precaution of placing a sign cautioning customers and also fellow employees that the floor is wet, then a person who slips and falls on the wet floor can potentially sue the grocery store for damages. Car Accidents In a car accident, there is usually one party who can be found to be at fault. Those who have suffered due to this driver’s negligence or reckless behavior can generally collect damages if they sue under the category of a personal injury suit. Liability can be determined through a number of different avenues, but primarily through physical evidence and the accounts of witnesses who saw the accident take place. Dog Bite Cases If you are on public property and a person’s dog bites you, you can usually sue the owner of the dog for both your medical bills and any mental trauma that took place due to this dog bite attack. There are a number of ways in which dog bite cases can be overturned, however. For example, if you were on private property without the owner’s permission, then the case can sometimes be overturned and, if it is found that you were provoking the dog in some malicious manner, then the case will most likely be...

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4 Commonly Asked Questions About Personal Injury Suits

Posted by on May 19th, 2016 in Uncategorized | Comments Off on 4 Commonly Asked Questions About Personal Injury Suits

If you have become injured or are suffering from pain due to an accident caused by someone else, then you may be entitled to a settlement. Damage compensation can often be delivered to the party filing a personal injury case and paid for by the defendant, if she or he is found liable. Throughout the course of this brief article, you will have a few common questions about personal injury suits answered. What Are Pre-Trial Motions? Before the trial begins, both the prosecution and defense can file for motions to possibly be enacted before the trial even begins. The judge will decide if the motions hold water or not. Among the motions that can be filed include the defense motioning for the trial to dismissed due to lack of evidence. What Occurs During Your Initial Meeting With A Personal Injury Attorney? The first time you meet with your potential personal injury attorney will be under very informal conditions. Essentially, you should meet just to see if a rapport exists between the two of you. If you feel uncomfortable around your attorney, then chances are you should move onto another option. If it goes well, the attorney will most likely ask a few questions that involve the incident. For example, what your physical condition is, whether you visited the physician after the accident, or what sort of emotional or psychological trauma the accident has caused. What Is The Process of Discovery? Discovery simply refers to discovering and sharing facts about the case with the other legal team. As the prosecution, for example, you will share a list of evidence that will be presented in the court case, as well any testimonies that will be delivered by witnesses. With regard to the witness example, this will give the defense attorney or legal team to pose a series of cross-examination questions to the witnesses. Although the ins and outs of the questions that you pose to your witness do not have to be delivered to the opposing legal team, the very fact that you have a witness must be shared. How Should You Go About Filing Court Papers? Pleadings, or relevant paper work, should be filed with the help of your attorney. Essentially, you will file a complaint in which you accuse the defendant of wrongdoing. He or she must respond within a set period of time as a claimant, or else he or she will automatically be treated as denying the charges. For more information and advice, talk with a personal injury attorney...

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2 Tips For Proving Negligence In An Auto Accident Caused By Poor Road Conditions

Posted by on May 9th, 2016 in Uncategorized | Comments Off on 2 Tips For Proving Negligence In An Auto Accident Caused By Poor Road Conditions

While it is important to be cognizant of other drivers on the road, your fellow drivers are not the only way that you can find yourself in an auto accident. Poor road conditions that consist of potholes, debris, unpaved roads and more can often result in auto accidents. These conditions create a surface that is not safe for drivers. Public roads are mostly maintained by government agencies. Therefore, if you find yourself in an auto accident due to poor road conditions, then you should try to prove that the government agency was negligent. Proving negligence will show that the agency is at fault for your car accident. Performing this step can be overwhelming, luckily, there are a few tips that you can use in order to prove that the government agency was negligent. Determine if the Road was Regularly Maintained Roads are regularly repaired and maintained based on the environment in which they are located. If your road is located on a busy highway in a rainy climate, then it will need to be repaired and maintained more regularly. The constant flow of cars will cause the road to wear away quicker than roads that are located in less travelled areas. In addition, if the road experiences heavy rainfall on a regular basis, then the rainfall will cause erosion. As a result, you can check with your state or city government to see how often repairs and maintenance were scheduled to be performed and if the repairs were actually performed. If the repairs, were not performed, then you can use this as evidence of negligence in your case.     See if the Road was Constructed Using Inadequate Materials Paving and repaving old roads can quickly eat up the budget set aside for city maintenance. Often times the budget can go a little further if cheaper materials are used. While this may be cheaper initially, this can cause problems later on down the line when the road begins to fall part. You can visit your city’s planning and building department to find out what materials they used to construct the road. The materials used depends on the environment of where the road is located. Roads that are located in rainy and snowy areas will need to be constructed out of non-porous materials to ensure that the extra moisture is not absorbed by the road. However, a large number of roads are constructed using concrete, gravel and asphalt. Auto accidents can be caused by a number of reasons, including poor road conditions. Therefore, use these tips to help gather proof of negligence against the responsible party. For further assistance, contact a local auto accident...

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Florida Auto Accident Lawsuit Tips

Posted by on Apr 25th, 2016 in Uncategorized | Comments Off on Florida Auto Accident Lawsuit Tips

Auto accidents can be incredibly frustrating, especially if you end up with medical and car repair bills. Worst of all, you might need to pay these bills, even if you were completely faultless in the accident. Fortunately, there is a solution for people in your situation, and that is to file a lawsuit. That being said, lawsuits are pretty complicated. They depend on laws that can vary dramatically between states, so you need to make sure that you are well-versed in the laws of your state before you dive in. To help you out with that, here are some of the most important laws that you will need to know when it comes to auto accident lawsuits in Florida: Statute of Limitations The statute of limitations dictates when you can and cannot file. If you are outside the limit, then you cannot file a lawsuit unless your situation is specifically exempt. In Florida, the general statute of limitations for personal injuries (and thus most auto accidents) is 4 years. Some of the aforementioned exemptions include being a minor and not discovering your injuries until long after the fact. If you were a minor at the time of the accident and no one was available to file on your behalf, then you can file as soon as you turn 18, even if the accident happened more than 4 years ago. However, the court won’t let you take forever, so you will need to file in relatively short order. In most cases, you will be able to file for 4 years from the date that you legally become an adult (the same as the general statute of limitations). If you didn’t actually discover the extent of your injuries until long after the statute of limitations expired, then you may be able to get an extension as well. However, this isn’t particularly common in auto accidents, since most injuries are immediately identified. For an example of where this might come into play, consider a car crash involving a large truck that is carrying toxic chemicals. If you were not notified of the toxic chemicals at the time of the accident, then you may not have had any reason to get the proper medical attention until chronic symptoms present themselves decades later. In that case, you could file relative to the discovery of those chronic symptoms, rather than being restricted to four years after the crash. Comparative Negligence One of the most important rules that you need to consider is comparative negligence, which deals with the impact that responsibility has on compensation. If the court finds you to be partially or fully responsible for your injuries, then they will reduce your compensation accordingly. In other words, the amount of money that you are awarded will depend on just how much responsibility you actually had in the accident. If you are completely blameless, then you will get all the money that you asked for, whereas individuals that are significantly responsible will incur significant financial penalties. Florida takes a very lenient approach to comparative negligence, which is very beneficial to you. Pure comparative negligence (the rule that is in place in Florida) simply reduces the damages proportionally to the level of responsibility. If you were 10% responsible, then you will only get 90% of the amount...

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What Could Changes To Maine’s Wrongful Death Laws Mean For You?

Posted by on Apr 12th, 2016 in Uncategorized | Comments Off on What Could Changes To Maine’s Wrongful Death Laws Mean For You?

If you’ve recently lost a parent, child, spouse, or other close relative through homicide, you may still be in a state of shock and disbelief. For many families who are touched by murder, the option to file a wrongful death lawsuit against the person deemed responsible may not come into consideration until much later. Unfortunately, Maine’s strict statute of limitations on wrongful death lawsuits often prevented these families from receiving justice if the wrongful death case wasn’t filed within two years of the date of murder. A recent legislative effort will amend this law, giving families more time to prepare and file a lawsuit to avenge their loved one’s death. Read on to learn more about this recent change and how it may impact your own wrongful death case.  What changes are coming to Maine’s wrongful death laws? Unlike some states, which have general wrongful death statutes designed to cover everything from murder to motor vehicle negligence to product liability, Maine has a statute that specifically addresses the ability of surviving family members to file a wrongful death suit against an alleged murderer. Until recently, this statute required the court case to be filed (if not necessarily decided) within two years of the murder. Cases filed after this point — even if there was a good reason for the delay — would be dismissed. The Maine legislature recently sought to change this law as it related to the statute of limitations on wrongful death lawsuits arising from a murder, extending the statute of limitations from two to six years. This bill was vetoed by the state’s governor, but the veto was then overturned by the state Senate — if this veto is subsequently overturned by the House of Representatives as well, the original bill will become law. If the House fails to override this veto, the current law will stand.   What could this change mean for your case?  If the two-year statute of limitations has already expired in your wrongful death lawsuit, you may not have any remedy — this bill is unlikely to be enacted retroactively to reactivate expired claims. However, if the clock on your case is still running, it’s likely to be extended an additional four years past the date of murder, giving you additional time to seek legal counsel, evaluate and document the actual financial (and emotional) losses you’ve suffered, and heal before undergoing a potentially brutal trial.  For more information, contact a wrongful death...

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5 Things You Should Do At The Scene Of An Accident To Help You Car Accident Case

Posted by on Mar 17th, 2016 in Uncategorized | Comments Off on 5 Things You Should Do At The Scene Of An Accident To Help You Car Accident Case

When it comes to a car accident case, there are things you can do to help ensure that you have the best chance of receiving a good settlement. Many of these actions start immediately following the accident. Here are a few of them: Call the police. As soon as an automotive accident occurs, you should contact law enforcement. The report from the law enforcement officer serves as an official record of the event. Since the police officer is a neutral party, the information recorded in his or her report helps establish to insurance adjusters and officials the facts surrounding the accident. Ask for medical help. If you are injured during the incident, ask for medical help. Usually, emergency personnel can arrive at the scene of the accident to treat you on site. If there are extensive injuries that require further medical care, you may be taken to a nearby hospital. The medical reports that are recorded concerning your treatment immediately following the accident can help substantiate any claims of injury. Take pictures. Most people nowadays have cell phones with camera capabilities. It is best to take your own photographs of the accident scene. Be sure to take pictures of the position of the cars involved, along with any damage to the vehicles. If there are skid marks on the road, photograph them. The pictures should also help indicate the weather conditions at the time of the accident. The police officer that is called may take additional pictures. However, it is often best to have your own. Obtain witness information. If there are witnesses at the scene of the accident, get names and contact information. This can be vital later on as you are seeking a settlement. The witnesses can provide external eyewitness accounts of what transpired. Be quiet. If an insurance adjuster shows up at the scene of the accident, do not make haphazard statements to him or her. Instead, allow your attorney to correspond with the adjuster. Small indiscreet comments that you make to an adjuster may be used against you later on. Even if the insurance representative asks you how you are feeling, a response indicating that you are doing okay or are feeling fine may hurt you in the long run. If you have been injured in an automobile accident, contact a car accident attorney in your area for legal representation. Most car accident lawyers offer a free initial...

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