My personal injury lawsuit story

Do You Want A Jury Or A Judge Trial For Your Personal Injury Lawsuit?

Posted by on Feb 3rd, 2016 in Uncategorized | Comments Off on Do You Want A Jury Or A Judge Trial For Your Personal Injury Lawsuit?

The decision whether you want a judge or a jury to determine a personal injury lawsuit depends on the size of the claim to be filed. If the case is minor, it can be decided by a judge in small claims court. If it is a major case, it should proceed to a higher court with a jury trial. Small Claims Preparation is required in this courtroom, but it is more relaxed than the higher court systems. It is merely where you or your attorney states your case, provide witnesses, and the judge makes the decision. Insurance companies won’t usually file an appeal if losses are less than $10,000. Local laws should be checked before anyone tries to file in the small courts. Many will only award losses that are out-of-pocket expenses. Some of those expenses may include lost work time and doctors’ bills. Even if the claim is legitimate for pain and suffering, the court doesn’t have the power to award those categories. It is advisable to attempt settlement versus the maximum allowed in the small courts. It may be in your best interest to gain a fair recovery amount. This would eliminate the suing process. The insurance company may be willing to make a settlement which will save a lot of time and effort to both parties. The insurance company will most likely have an attorney to represent the opposing side of the case. The judge will not allow bullying in the courtroom. Present the case with honesty and present all of the facts for your side of the case. If you are in the right, your case should be on the winning side. Higher Court Cases If you choose to take your case to higher courts, it is essential to have an attorney with experience to present your case. More complex procedures are involved for complex cases involving substantial damages. Some states will not allow personal injury cases in a small claim courtroom and will require those cases to be filed in the higher court system. If you pursue the case in higher courts, you will be involved with procedures from the opposing injury lawyer involving hearsay, objections, and other legal arguments. For obvious reasons, you would be fighting a dead-end battle without legal representation. Strict rules involve elements that will permit pre-trial discovery and extremely specific rules for evidence presented. Attorneys are well prepared for the legal battle, and will do all possible to win the case. A private person will be placed at a huge disadvantage because of the levels involved in the legal system. It will depend on how much money and how severe the personal injury was before you decide which court system is the best choice. In many personal injury cases, it is best to have an attorney for representation of the facts. In either case, it is up to you as the client to make that...

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Factors That Determine Whether You Can Sue Over Your Public Pool Injury

Posted by on Feb 3rd, 2016 in Uncategorized | Comments Off on Factors That Determine Whether You Can Sue Over Your Public Pool Injury

If you are injured in a public swimming pool, and you have now received medical treatment, you might wonder how you will pay for your medical bills. You might be able to sue the owner of the public pool, but only after taking into consideration certain facts. The Safety Measures Put In Place Public pools are required to install certain safety measures that are mandated by federal and state law. Barriers and latches are necessary to prevent unauthorized persons from entering the pool, especially when there is not a lifeguard currently working. Safety and security equipment include anti-entrapment devices, warning signs, pool alarms and child-resistant fencing. Whether You Were Invited The pool owner is more likely to be held liable if you were invited to use the pool. For instance, if only those who are residents of a particular neighborhood are allowed to use a pool, the degree of liability for the public pool owner would be less if the individual injured was not from the neighborhood. However, if the pool doesn’t contain an essential piece of safety equipment, the public pool owner might still be found fully liable for an injury to someone who was not invited.  Also, if the individual is trespassing on the property, the public pool owner may not be held responsible, especially if the trespasser took extraordinary measures to bypass security measures. For instance, if a teenager uses bolt cutters to enter the pool, the pool owner would likely not be held liable. Whether There Were Adequate Warnings If there are any unique risks for a swimming pool, it is a requirement of the public pool owner to warn guests. For instance, if a pool is too shallow for diving, it would be required to post a sign that reads “no diving.” If There Was An Emergency Phone Number It is usually required to provide an emergency safety number for when someone is injured using the pool. If this number isn’t provided, the public pool owner might be held liable, especially if an invitee is injured and unable to receive prompt medical care. If The Safety Equipment Is Damaged If the public pool includes safety equipment but the equipment has been broken for a long period of time, the pool owner could still be held liable. If a gate has a lock that is broken and a child is able to wander into the pool and becomes injured, the pool owner would be held liable. To successfully sue a public pool for your injuries, you will need to gather evidence of what happened. This can be challenging without the assistance of a premise liability specialist. With an attorney from a company like Goebel Law Office, you will have a better chance for fair...

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Things You Should Know Before Filing A Personal Injury Lawsuit In Florida

Posted by on Jan 18th, 2016 in Uncategorized | Comments Off on Things You Should Know Before Filing A Personal Injury Lawsuit In Florida

Filing a personal lawsuit can be tricky, and the situation is often made even more confusing by the vast differences in how cases are handled from state to state. If you are planning on filing in Florida, then here are some key statutes that you should be aware of when planning your lawsuit: Statute of Limitations: 4 Years When filing in Florida, you need to make sure that your claim is in before 4 years have passed since the date of the injury. In some cases, this can be extended, but normally only applies in situations where the injury was not immediately apparent. For example, if you were exposed to hazardous chemicals at work due to the negligence of your employer, you might develop cancer decades later. When you are filing specifically for a medical malpractice lawsuit, you only have 2 years instead. Comparative Negligence: Yes When you are filing for damages, your compensation will be partially determined by exactly how responsible you were for the injury. This involves breaking down your involvement into a percentage relative to the responsibility of the party that you are suing. For instance, you might be found to be 20% responsible for an accident while the other party assumes the other 80%. In that example, your damages would ultimately be reduced by 20% under comparative negligence laws. A lawsuit for $100,000 in compensation would result in you getting $80,000. Unlike in states that follow a modified version of comparative negligence, your compensation will not drop to nothing if you are found to be more than 50% responsible. Damage Caps: Punitive and Medical Malpractice In the majority of cases in Florida, there are no caps on damages. Not all cases allow for punitive damages and very few cases fall under the umbrella of medical malpractice. However, in the cases where punitive damages are permitted, they are capped at 3x compensatory damages or $500,000, whichever is higher. Medical malpractice lawsuits limit the non-economic damages of a lawsuit to $500,000 in cases where you are suing a health care practitioner and $750,000 in cases where you are suing someone who is not a practitioner. To figure out the distinction between the two in regards to your case, in addition to other facets of your case, you will likely need to consult a lawyer. The specific nature of Florida’s statutes on medical malpractice lawsuits makes it very difficult for the average plaintiff to determine how their suit should be filed on their own. To find out more, contact someone like Norris, Gary G....

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Before Renting An Event Space, Always Seek Personal Injury Legal Help

Posted by on Jan 6th, 2016 in Uncategorized | Comments Off on Before Renting An Event Space, Always Seek Personal Injury Legal Help

Planning a social event can be a quite a responsibility. The job comes with some degree of stress. There are the legal obligations to consider. In particular, you might be held responsible for accidents that occur at a rented space. Following is a guide to help event planners better prepare for possible accidents at rented venues. Renting a Venue Without a Signed Contract It is never wise to rent use of a facility without a signed contract. Without such a document, you remain open to various problems when things go wrong. If an attendee suffers significant injuries at the event, the hosting party could be held liable. Negligence laws assign hosts and property owners with duties to protect guests from reasonable dangers. In the absence of a contract, it could be unclear who is to blame in a particular case; so, everyone from planner to rental agent must be prepared to deal with possible lawsuits. For clarity purposes, experts always recommend having a signed, valid contract. Renting a Venue With a Signed Contract A personal injury lawyer will usually suggest renting a venue only after signing a contract that delineates the exact responsibilities for accidents. There should be an indemnification clause in the rental agreement. This section, which a personal injury lawyer can review carefully, usually releases the owner from liability in cases of accidents during the event. A valid contract helps all involved. The host and planner know what to expect if the worst happens; likewise, the property owner knows he or she will not be liable for foreseeable accidents that occur while you have control over the facility. Having an experienced personal injury lawyer peruse the contract is important because a renter should know that there are no pre-existing conditions listed releasing the owner from responsibility. No renter wants to be responsible for things, such as serious floor cracks, that the owner should have fixed. In fact, a personal injury lawyer can even visit the venue to provide an objective assessment of possible liability dangers. Get Legal Help Before You Rent a Space Before deciding on a place to rent for that party, wedding or other social function, it is always best to contact an experienced personal injury attorney. This legal representative can help ensure that your event is a success and that everybody remains safe from foreseeable accidents. Furthermore, if a guest does suffer injuries, this lawyer can help defend against unfair damage...

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3 Things You Need To Know About Filing A Personal Injury Lawsuit For A Motorcycle Or Car Accident

Posted by on Dec 23rd, 2015 in Uncategorized | Comments Off on 3 Things You Need To Know About Filing A Personal Injury Lawsuit For A Motorcycle Or Car Accident

Car and motorcycle accidents happen everyday. Unfortunately, many people are hurt while on the road and are looking for a way to find restitution for their pain and suffering. If you have been in a vehicle accident, you might be wondering what you can do to get help with your medical expenses and any other losses you might have experienced. A personal injury lawsuit is a good way to get what you deserve. However, not all situations merit a lawsuit. Here are a couple things that you will need to make it a legitimate lawsuit. 1. There Has To Be Fault Of The Other Person One of the most important aspects is that the other party had to be at fault for the accident. They don’t have to be completely at fault, but they do have to have the majority of the responsibility for the accident. This is because you can’t sue someone who wasn’t reckless or negligent. If there was ice on the road and the other driver did everything that they could to avoid harming others, i.e. they were driving slowly, not intoxicated, followed all safety rules and guidelines, then you might not have a case against them. Instead, you simply have an unfortunate accident on your hands. Thus, there must be fault. 2. There Must Be Injuries You Can Prove From The Accident In some cases you will be in an accident that render no serious injuries for either party. Your insurance may have already paid for your loss of property, like the repairs of your car or motorcycle and everyone is essentially back to their normal lives. In this case you would have no case against the person. Instead, you need to be able to prove that you sustained injuries from the accident. This can be property damage, physical pain and suffering and even loss of wages and quality of life. 3. You Must File Within The Proper Amount Of Time Personal injury lawsuits have a statute of limitations. This means that you only have a certain amount of time where you can file a lawsuit. For example, if you were in an accident 5 years ago and just now want to file a lawsuit, there is a good chance the courts will deny the suit. In most situations you only have a couple years to file the suit. That is why you should talk to a lawyer immediately following the accident to assess your options. These are just a couple things you need to know about a personal injury lawsuit. For more information, contact firms like Welsh & Welsh PC...

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4 Ways To Prove Your Car Accident Case

Posted by on Dec 14th, 2015 in Uncategorized | Comments Off on 4 Ways To Prove Your Car Accident Case

Being in a car collision can be a scary and difficult time. The emotional, physical and financial challenges can make it difficult to cope with this situation. You also may need to take legal action against the other driver to help you recover your financial losses. If so, you will need to know the parts of the discovery stage that allow you to prove your car accident case. This can assist you in building a stronger case and hopefully will allow you to be compensated for your losses. The Deposition One of the things you may need to do during the discovery stage is meet with the attorney for your legal opponent. This is referred to as the deposition, and it will be necessary for you to answer several questions when doing so. Listed below are some things you need to know about this meeting: 1. You will be sworn in under oath, and this is to encourage you to be truthful at all times. 2. You should always have your own attorney present with you. 3. There will be a court reporter present who will transcribe the entire meeting. Written Interrogatories You will be asked to answer a series of no more than 25 questions regarding the car accident. In an attempt to strengthen your case, you should provide thorough details about the collision.  Request for Admissions Statements The court system is busy and prefers to get to the details of your case quickly for resolution. One way to assist in doing this by either admitting or denying certain statements about the accident. This could shorten the length of a jury trial if the case went this far. Request for Production Documents The time to submit the written proof for your case is during this part of the discovery stage. Listed below includes information that you should provide: 1. Car repairs – Be sure to obtain an expense report of the costs to repair your vehicle or the amount to replace it if it’s a total loss. 2. Lost wages – Take the time to ask your employer to write a letter stating your lost wages. 3. Medical bills – Make copies of all your medical costs and submit these to help recoup your expenses. Being involved in a legal action can be difficult, but it may help you recover your losses because of a collision. Be sure to rely on the expertise of a car accident attorney, such as Finkelstein Joel M, to assist you in starting this legal...

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Is An Attorney Necessary To Receive Workers Compensation Benefits?

Posted by on Nov 27th, 2015 in Uncategorized | Comments Off on Is An Attorney Necessary To Receive Workers Compensation Benefits?

If a worker is injured while on the job, it is entirely possible to file a claim for Workers Compensation Benefits through the employer. The worker will receive benefits based on the length of time they will be out of work, the amount of their regular paycheck, and the laws of the state where they work and the incident happened. The worker is also entitled to other benefits, such as payment of medical costs, to include emergency room visits, follow-up care, medications and rehabilitative therapy. Some individuals are able to successfully navigate the workers compensation maze alone. However, many workers find that the help of a qualified attorney will achieve a better outcome. Initial Claim When a Workers Comp claim is approved, the governing body sometimes attempts to save as much money as possible, and reduce the amount of compensation given to the worker. In this case, it is important for the individual to retain the services of a qualified attorney that deals in workers compensation issues. The attorney can help the injured person receive more compensation for lost wages and time off work. The attorney will also ensure that the individual’s medical bills are paid on time and that the individual is able to get all of the medical care they need, from medications to therapy to inpatient or outpatient treatment. This can reduce a huge burden of stress for the individual, allowing them to focus solely on healing from their injuries and returning to life as normal. Denied Claims Sometimes, a claim will be denied and the individual is required to file an appeal to get any type of compensation or benefits. The appeals process can be even more confusing than the initial claims process. It is important to gather the proper information and put together a solid case so the appeal is approved. This can be difficult to do for an individual that is trying to recover from an injury, make sure the bills are paid while out of work and not getting a paycheck, and trying to handle the other requirements of daily life. In this situation, it is imperative to retain a qualified attorney to handle the appeal. The attorney is well-versed in exactly what to do to get an appeal approved. Many attorneys don’t charge the client unless and until the client wins their claim and receives payment for their injuries. Again, this relieves a huge burden of stress from the individual and ensures they get everything they are entitled to receive. Speak with professionals like Zavodnick, Perlmutter & Boccia LLC for more...

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4 Tips For Avoiding A Motorcycle Accident

Posted by on Nov 16th, 2015 in Uncategorized | Comments Off on 4 Tips For Avoiding A Motorcycle Accident

If you enjoy riding your motorcycle, you should take the time to understand how to reach your destination without having an accident. Studies show that fatalities are 26 more times likely to occur for motorcyclists versus automobile drivers. The key to doing so will depend on knowing how to operate this fun piece of equipment safely. Knowing specific tips to help you avoid getting involved in a motorcycle accident may be all you need to do. Tip #1: Take a motorcycle course Being able to get around as safely as possible on your motorcycle can be less difficult when you take a motorcycle course that is offered by The Motorcycle Safety Foundation (MSF). There are courses offered for both the novice and the experienced motorcyclists. There are over 2700 locations that offer this course nationwide, so you’re sure to find one that is local to your area. Tip #2: Know your surroundings One of the most effective ways to help you reach your destination without injury is by being aware of your surroundings. It’s more challenging for passengers to see a motorcycle than a vehicle. Listed below are some additional tips for being more aware: 1.  Get rid of any distractions, such as cell phones or music players. 2.  Be sure to keep several feet between you and other vehicles. 3.  Avoid staring straight ahead at all times and take the time to check your side mirrors for other cars. Tip #3: Be prepared to stop Intersections are where many motorcycle accidents occur, and this makes it important to be prepared to brake as quickly at these. Keep your hands on both your front and back brakes when approaching an intersection that can assist you in being capable of stopping as quickly as possible. Tip #4: Wear proper gear It’s ideal to be prepared before you get on your motorcycle by wearing the right clothing and other equipment. Studies indicate that wearing a protective helmet may reduce the possibility of head injuries up to 69%. Below are other types of gear you should wear before riding your cycle: 1.  Protective boots that have non-slip soles. 2.  Leather gloves to allow for better steering control. 3.  Full protective body suit. Preparing yourself before getting on your motorcycle and hitting the open road can be the protection you need from having an accident. However, if you are unfortunately involved in a collision, take the time to consult with a motorcycle accident attorney for proper legal...

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What Kind Of Mental Claim Do You Have Under The Workers’ Comp System (And Does It Matter)?

Posted by on Nov 3rd, 2015 in Uncategorized | Comments Off on What Kind Of Mental Claim Do You Have Under The Workers’ Comp System (And Does It Matter)?

Can you get worker’s compensation benefits based on a mental injury? Possibly. For the purposes of workers’ comp determinations, all claims based on mental disorders fall into one of three categories. Your odds of approval change depending on which category you’re in: 1.) Physical-Mental: These claims involve a physical injury that ultimately leads to a mental condition, like depression or anxiety. For example, if you injured your back at work one day and the injury led to debilitating pain and spinal surgeries, you could develop depression as a result. The physical disability eventually led to a mental disability. These are probably the easiest mental disabilities to get through the courts, as long as you can show a clear connection between your physical injury and your mental disability. Usually, it requires evidence from your doctors that you weren’t suffering from the mental condition until after you suffered the physical injury. Even if other factors aggravate the mental condition later, as long as it started with the physical injury you suffered and the physical injury continues to be at least partially at fault, you can win your case. For example, if your back injury and pain led to ongoing depression, your employer can’t stop paying your claim just because some new problem in your life (such as a looming divorce) is aggravating the depression that started with your back injury. 2.) Mental-Physical: These claims start with a mental problem that’s caused by work and evolve into a physical problem. For example, if you work in a stressful environment, have long hours, aren’t given enough help on the job, and your stress levels eventually lead to a heart attack, that’s a mental-physical injury. These claims can only be successful when the psychiatric injury is directly related to something that occurred on the job (whether it was a long-term situation or a single, traumatic event). You’re only barred from collecting workers’ comp for these types of claims if your mental injury is the result of management’s legitimate personnel actions toward you. For example, if you allege that the stress that led to your heart attack was caused by your boss reprimanding you for poor job performance, you won’t be able to get workers’ comp over it (unless you can prove that your boss was purposefully causing you stress for some reason and not acting in good faith). 3.) Mental-Mental: These claims arise solely based on some traumatic event or stressful condition on the job. No physical injury is involved. For example, if you are robbed at gunpoint and develop post-traumatic stress disorder as a result, that’s a mental-mental type claim. These can be difficult cases to win, and employers will often dispute them. In order to win your case, you will have to prove that your mental injury was more than just your personal reaction to normal working conditions. The type of job that you do may be a factor in any case. For example, a liquor store manager who developed a mental condition after he was robbed at gunpoint was initially denied workers’ comp because his employer maintained that getting robbed was just part of his job. The court overturned the initial ruling, noting that he’d never been robbed in 30 years of employment and that having a gun held to his head...

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Avoid These 3 Mistakes After Being Bitten By A Dog

Posted by on Oct 21st, 2015 in Uncategorized | Comments Off on Avoid These 3 Mistakes After Being Bitten By A Dog

Dogs can make great family companions. They lift you up when you are feeling sad. They protect you from any would-be intruders. All-in-all, they are a wonderful addition to your family. However, that doesn’t mean all dogs are going to be loving and kind. In the event you are attacked by a dog, there are a few things you need to do make sure you get the compensation you deserve. The last thing you want is to end up losing out on insurance money just because you didn’t know the specifics of the law and ended up making a costly mistake. Evaluate the animal. One of the best methods of defense when dealing with dog bite claims is to take a video of the animal. This will prove how dangerous it is. A professional evaluator will perform a number of different tests to see if the animal displays signs of aggression, all while having it on video. This video can be shown to all of the jurors and help substantiate your claim that the dog is dangerous and attacked you. Many dog owners will claim that their pet isn’t aggressive, so this will diminish their credibility and show that you were the one who was the victim in the incident. This can also help you get a quicker settlement. Inspect the living conditions. If the animal spends a lot of its time inside of the home, you will want to have an inspection of the home completed. If there are a bunch of scratches on the doors and chew marks on the windows, this lets you know that the animal has a tendency to scratch and claw. Check their bed, leashes, collars, food bowls, kennel and toys out to help you get an idea of the type of treatment the dog is receiving. Gathering important documents. You should gather any animal control records, vet records, paramedic records, police reports, names of witnesses and trainers and any groomers who take care of the animal on a regular basis. All of these things will show how the animal was cared for over the course of its life and help to build your case against the other party. By not making one of the crucial mistakes above, you can make sure you get the compensation you deserve without having to spend forever going through a lengthy trial process. For more information and for help in building your case, contact a professional personal injury attorney, such as those at Trammell & Mills Law Firm...

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