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February 22, 2023 by admin

5 Reasons You Need An Accident Lawyer

Personal Injury

An accident can happen to anyone, but when it happens to you, you may need a car accident lawyer to help you get the compensation you deserve according to our friends at Cashio Injury Attorneys, LLC.

Accidents are often unexpected and can cause serious injuries and even death. If you or someone you love has been injured in an auto accident, you must speak with a car accident lawyer as soon as possible to protect your rights.

There are many reasons why someone may need a car accident lawyer. Here are some of the most common reasons:

You Were Hit By Another Vehicle

If another driver hits your car or causes an accident that injures or kills you, contact an attorney immediately. You will have several questions about your rights and how much compensation is available for your injuries or loss of life. An attorney can help answer these questions and inform you of what steps must be taken for you to receive compensation from the at-fault party’s insurance company.

Many people do not realize they can get compensation for injuries sustained in an auto accident. Even if the other driver was at fault, it is still possible to get compensation for medical bills, lost wages, pain and suffering, and other damages. A personal injury lawyer will help ensure you receive all the compensation you deserve.

The Other Driver Was Uninsured

If the other driver in the accident was uninsured or underinsured, then they may not be able to pay damages out of pocket for your injuries or damages sustained by your vehicle during the accident. In this case, a car accident attorney will work with your insurance company to help you get the compensation that you deserve. If the other driver is not insured and found liable for causing the accident, they may be forced to pay your damages out of pocket or face jail time.

The Other Driver Was Intoxicated

In some cases, another driver may be driving under the influence of drugs or alcohol when they cause an accident that injures or kills someone else on the road. In this case, drunk driver could face serious criminal charges as well as civil penalties for their actions on top of any fines and jail time to determine if they are entitled to compensation. This is known as subrogation and usually involves the attorney filing a lawsuit against the at-fault driver’s insurance company.

The Other Driver Was Underage

If the person who caused your accident was under 18 years old, they may not be able to pay damages out of pocket for your injuries or damage sustained by your vehicle. In this case, an attorney will work with your insurance company to determine how much of the accident was their fault, and then they can go after their parents’ or guardians’ insurance policy. A car accident lawyer can help you with your claim. If you have been injured in a car accident, knowing your rights and how much compensation you are entitled to is important.

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February 16, 2023 by admin

Federal Agency To Make Truck Fleets Safer

Truck Accident Lawyer

It is not a secret that large commercial trucks, while vital to the nation’s economy, are safety hazards. Certainly, all motor vehicles are safety hazards to some degree. The number of Americans killed or seriously injured each year as a result of car, light truck, motorcycle, and even snowmobile accidents illustrates this reality clearly. However, large commercial trucks are uniquely hazardous due to their very designs.

A fully-loaded commercial truck that is saddled with freight can legally weigh up to 80,000 pounds. By contrast, the average American car weighs roughly 4,000 pounds. In addition to being extremely heavy, commercial trucks are generally far longer, taller, and wider than the average passenger vehicle. As a result, they have much more significant blind spots than most other vehicles do, they can’t turn as precisely, and they can’t break as quickly.

Due to their size, weight, and operating limitations, trucks are – by design – less safe than most other forms of road-based transportation in the U.S. Additionally, their size and weight renders them uniquely capable of causing catastrophic damage in the event of a crash.

Because trucks are so inherently dangerous, the federal government has a profound interest in ensuring that they are operationally as safe as they can reasonably be. In particular, the Federal Motor Carrier and Safety Administration (FMCSA) is tasked with both regulating the trucking industry and overseeing the safety of the nation’s trucking fleets.

The FMCSA’s Newest Actions

Most recently, the FMCSA took action to better ensure the safety of the nation’s trucking fleets by proposing new criteria for fleet safety monitoring. If enacted as proposed, these new changes could both inspire a reduction in injurious crash rates and lead to greater scrutiny of at least 3% of the nation’s highest-risk fleets.

Essentially, the FMCSA is seeking to modify how it identifies which fleets pose the greatest risk to road safety. At present, the agency is enforcing a Safety Measurement System that has been operational since 2010. As fleet technology and operational standards have evolved significantly since that time, this resource is ripe for reform.

Among the changes being proposed are the addition of 14 new unsafe driving violations that would be tracked across operations, modifying an overly subjective 1-10 scale of hazard severity with a binary approach, and modifying the intervention trigger threshold that is currently in place. All of these changes may not mean much to many people at a glance but they could impact the lives of virtually anyone in the U.S. who travels by road.

Additionally, as an experienced truck accident lawyer – including those who practice at Davis, Johnson & Kallal – can confirm, the actions of federal regulators can significantly impact the outcome of personal injury cases. When a victim files a truck accident lawsuit to pursue rightful compensation, they need to clearly illustrate why a truck operator and/or trucking company named as a defendant caused their harm. If there is strong evidence that a trucking company failed to honor its obligations per federal law and regulations, this reality could significantly bolster a victim’s claim.

Filed Under: Uncategorized

January 25, 2023 by admin

Possession of Drugs: Information to Help You

Personal Injury Lawyer

As our own personal injury lawyer knows, some serious injuries are caused by those who are under the influence — this influence can often be drugs. Drug possession refers to the act of having control over a controlled substance, either for personal use or with the intention to sell or distribute. This can include illegal drugs like cocaine, marijuana, heroin, or prescription drugs obtained without a valid prescription. The penalties for drug possession vary depending on the type and amount of drug involved, as well as the jurisdiction in which the offense takes place according to a  drug lawyer from our friends at Garrett, Walker, Aycoth & Olson, Attorneys at Law.

Categories of Drugs

Controlled substances are classified into five schedules based on their potential for abuse, medical use, and safety. Schedule I drugs, such as heroin and LSD, are considered to have no currently accepted medical use and a high potential for abuse. Schedule II drugs, like cocaine and methamphetamines, have a high potential for abuse and dependence, but also have accepted medical uses. Schedules III-V include drugs with decreasing potential for abuse and increasing accepted medical use, such as prescription painkillers and tranquilizers.

DRUG ATTORNEY

The penalties for drug possession depend on the type and amount of drug involved, as well as the state or jurisdiction in which the offense occurs. In general, possession of a small amount of drugs for personal use is typically charged as a misdemeanor, while possession with intent to sell or distribute is a more serious offense, often charged as a felony.

Sentencing guidelines for drug possession vary widely by state, with some states imposing mandatory minimum sentences for drug offenses. The federal government also has its own drug sentencing guidelines, which can result in longer prison sentences than those imposed by state courts.

Drug Diversion Programs

Some states offer drug diversion programs as an alternative to traditional criminal prosecution for drug possession. These programs aim to provide drug treatment and support to individuals who have been arrested for drug offenses, rather than punishing them with a criminal record and prison time.

These programs typically require participants to attend drug treatment and counseling, submit to regular drug testing, and comply with other conditions, such as paying restitution or performing community service. If participants successfully complete the program, the charges against them are typically dismissed.

Drug possession laws and penalties continue to evolve as attitudes towards drug use and drug policy change. While the criminalization of drug possession remains a controversial issue, it remains a significant concern for many communities and a focus of law enforcement efforts.

DRUG LAWYER

In conclusion, drug possession refers to the act of having control over a controlled substance, whether for personal use or with the intention to sell or distribute. Penalties for drug possession vary widely depending on the type and amount of drug involved, as well as the jurisdiction in which the offense occurs. Some states offer drug diversion programs as an alternative to traditional criminal prosecution, which aim to provide drug treatment and support to individuals who have been arrested for drug offenses. As attitudes towards drug use and drug policy continue to evolve, drug possession laws and penalties remain a significant concern for many communities and a focus of law enforcement efforts. This is why we recommend you speak with a top rated lawyer in your area. They will know the steps to take to help you and protect your record.

Filed Under: Uncategorized

December 25, 2022 by admin

Medical Malpractice Negligence Lawsuit

Medical malpractice cases are some of the most common lawsuits to be brought to court. Whether it is purposeful or unintentional, health care workers can cause a variety of injuries to their patients. These victims often have the right to recover some amount of compensation for any losses they may have incurred as a direct result of a medical professional’s breach in the standard of care. If you were injured under the care of hospital staff or a medical practitioner, you may be wondering what your options are.

Common Instances of Negligence

More often than not, medical malpractice cases hinge on a concept called negligence. Negligence can take many forms in a medical setting, but some forms are more prevalent than others. General carelessness is the top reason and can appear in the form of mishandling records, ignoring important signs or concerns, or failing to follow procedures appropriately. The hospital environment can be a catalyst for negligence. Hospitals that hire staff that are inexperienced, untrained, and inadequate in numbers have a much higher risk of harming patients due to overworked, unsure staff rushing between patients.

Doctors and other medical practitioners can also be held liable for your injuries if they failed to make a correct diagnosis, provided improper treatment, or provided treatment without informed consent. All patients have the right to informed consent, which means you should be made aware of any and all risks associated with your diagnosis and subsequent treatment plan. Depending on the risk factors, not all patients would want to move forward with a certain kind of treatment.

The Results of Negligence

Negligence, even on a minor scale, can have detrimental effects on a patient’s health and finances. Injuries can range from broken bones and head injuries to lifelong afflictions depending on if the injury was a result of a fall, wrong medication type and/or dosage amount, poorly performed surgery or use of anesthesia, lack of informed consent, delayed or incorrect diagnosis, and more. Unfortunately, medical bills are often quite expensive, and no one wants to have to pay more than they originally intended to. As a victim of medical malpractice, you should not have to bear the cost of treating new injuries that were not your fault.

In the aftermath of a doctor’s mistake, it can help to know that there is legal recourse available. If you’re thinking about suing for medical malpractice, you should have someone who is knowledgeable to help guide you through the steps, according to a personal injury lawyer from Council & Associates, LLC. Many people find some relief just in knowing that there are dedicated lawyers who are ready to come to the aid of medical malpractice victims.

Lawyers that work in the area of personal injury law, including medical malpractice, will be your best defense against insurance companies that do not want to pay the compensation you deserve. Remember, to have grounds for a medical malpractice case, you have to show through evidence that a doctor or other medical professional made a mistake that led to your harm.

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December 12, 2022 by admin

Some Of The Reasons Why Car Accidents Unfold

Car accidents almost seem like commonplace, and just a risk that we all have to face when we get into the driver’s seat. However, this doesn’t mean that we shouldn’t take precautions and drive safely, as a way to decrease the odds of being in a serious wreck. As a car accident attorney from Glotzer & Leib, LLP has seen, not every person who is given the permission to drive will do so with consideration for the wellbeing of others. Here are some of the reasons why car accidents may unfold in the first place. 

Distracted Driving

The leading cause of car accidents is distracted driving, so this is anything that takes your full attention away from the road. The other driver may have been texting, on a phone call, checking their email, eating lunch, doing their makeup, or otherwise not paying attention. The fewer distractions that we have while driving a car, the more we can protect ourselves and others that we share the roadway with. 

Speeding

Signs for speed limits are placed for a reason, as they notify the driver of the safest speed to travel through that area. The speed limit is based on whether there tends to be higher levels of traffic, uneven roads, sharp turns, or other factors. If you drive faster than the speed limit, the slower your reaction time is, which can make the difference in avoiding a crash or not. The driver who hit you may have been speeding and violating set speed restrictions for that street or highway. 

Reckless Driving

Most people have seen just how reckless other drivers can be. A driver may be speeding in excess and swerving between cars in order to get ahead, or a driver may be in such a rush to get to their job that they tailgate alarmingly close to those in front of them. Whatever the case may be, being reckless may cause an accident in which that driver would be responsible for how others have suffered. 

Inclement Weather

Weather conditions can be a factor in a car accident. The most common type of weather that causes collisions is rainfall. The reason for this is because rain creates a more slick and dangerous surface to drive on. Car drivers and motorcyclists may easily lose control of their vehicles if they lack traction and end up sliding across the road. All drivers are encouraged to slow down, pay attention, and drive more safely during inclement weather. 

While vehicle collisions are part of the risk of having motor vehicles, we still must drive as safely as possible to limit the likelihood of them happening. Those who have been in car accidents must get medical attention promptly, and may want to speak with a lawyer so that they have a legal professional to advocate for their behalf and in pursuit of financial compensation. Drivers who are reckless, speeding, distracted, or not being more careful during inclement weather may cause a crash that they are then legally liable for; contact a lawyer today if you have been in a crash.

Filed Under: Uncategorized

November 28, 2022 by admin

5 Tips for Protecting Your Vehicle from Car Accidents

After being involved in an auto accident, your car may have seen better days which is why you will need a car accident lawyer residents trust to help you get compensation to repair your vehicle. Even if the damage doesn’t appear severe at first glance, you might still be surprised at how expensive it can be to repair or how long it will take to get your vehicle back on the road. To avoid these and other problems, protect your vehicle from accidents by following these five tips from our friends at David & Philpot, P.L. who are experts in car accidents.

1) Get Full Coverage Insurance

The best way to prepare for a car accident is by getting full coverage insurance. This type of policy includes collision, comprehensive and personal injury protection coverage. These are the three types of coverage that you should have in order to protect your vehicle, yourself and your passengers if an accident occurs. Not only does this cover damage to your car but also gives compensation for any injuries incurred during the accident. Having enough insurance is important when it comes to protecting your vehicle from accidents. If you do not have enough coverage on your policy, then you may be personally liable for any damages done to other vehicles or property as well as being liable for all medical bills following an accident.

2) Keep Up with Maintenance

Keeping up with routine maintenance can help you avoid a car accident altogether.

  1. Check your tire pressure regularly and keep tires properly inflated to the manufacturer’s specifications.
  2. Check engine oil levels and replace as needed.
  3. Regularly check fluid levels in your car such as brake fluid, transmission fluid, power steering fluid, windshield wiper fluid and washer fluid.
  4. Get an annual vehicle inspection by a certified mechanic who will identify any issues that need to be addressed promptly before they become bigger problems that cost more money and time to fix later on.
  5. Maintain proper vehicle speed so that you don’t needlessly wear down your brakes or risk running out of gas because of excessive idling.

3) Read the Manual

It is important to take the time to read your manual and ensure that your car is functioning properly. If it is not, make sure you have a good mechanic that can help you fix the problem. It is also important to keep up with oil changes, tire rotations and other car maintenance in order to ensure your car will last as long as possible.

4) Buy a Device to Prevent Theft

A device that prevents theft is a good idea. The device will attach to your car’s steering wheel and if someone tries to steal your car, they won’t be able to start it. You can also wrap your windshield with anti-theft film. This film can be placed on the windshield of your vehicle which makes it difficult for someone to shatter the glass in order to break in. If you live in a high crime area, these tools can help protect your car.

5) Keep an Eye on Your Surroundings

Keeping an eye on your surroundings will help you avoid accidents. Know what’s in front of you, behind you, and to the side of you at all times. Be sure to pay attention to your blind spots as well. If another driver is approaching from behind or coming up quickly next to you, be prepared to take evasive maneuvers. Inattention causes a huge number of car accidents every year so don’t let it happen to you!

If you do happen to get into an accident, contact a car accident lawyer immediately for help.

Filed Under: Uncategorized

October 8, 2022 by admin

Common Personal Injury Mistakes

Accidents can happen when you least expect them to and you may not always be prepared. Is common for many victims of personal injury accidents to make basic mistakes that can prevent them from collecting compensation they deserve, or result in an invalid case. If you are intending to file a claim for a recent personal injury accident that you suffered injuries from, it is important to do the proper steps so that your claim can move forward. Be aware of these common mistakes many people make regarding personal injury accidents so that you can avoid making them.

Delaying or Refusing Medical Attention 

Refusing medical attention is a common mistake personal injury accident victims make. They assume that their injuries are nonexistent or minor, so they don’t go to the doctor for additional treatment. No matter what kind of accident you have been in, it is important to get treated in case you have an injury that you’re not aware of. It is not only for your health, but it could help when it comes to communicating with insurance companies who may not believe you when you tell them that you have been in an accident.

Saying The Wrong Things

As a personal injury attorney such as one from Ward & Ward Law Firm can tell you, the wrong statements can cause you to get reduced compensation or result in issues that can damage your case. For example, if someone blames you for causing an accident and you agree with them that it was your fault, you could lose conversation you would otherwise be entitled to. Another way you can jeopardize your claim is if you outright say an accident was your fault, or that you contributed to it. 

Not Preserving Enough Evidence  

Having a strong body of evidence is crucial to success in a personal injury case. If you’re not able to show compelling evidence that support your claim, it is unlikely that you will obtain a good case outcome. It is important to collect as much evidence as possible. After an accident, take many photos and retain relevant records, such as accident reports and medical bills so that you can bring them to an attorney and have them evaluated.

Accepting an Offer Too Soon 

You should never accept a settlement offer from an insurance company without first consulting with a lawyer. There is a strong chance that you could recover a higher compensation amount than what they are offering you. Have a qualified lawyer review the consultation so that you can get the maximum compensation you should receive.

Not Consulting With an Attorney

It is possible to increase her chances of getting the outcome you want following a serious personal injury accident. Knowing what errors to avoid will allow you to achieve the settlement that you deserve, to find out more about how a lawyer can assist you, schedule a consultation with a personal injury attorney right now.

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September 3, 2022 by admin

Legitimate Medical Malpractice Case Elements

An injury at the hands of a medical professional can leave you feeling betrayed and deeply worried. If you choose to file a medical malpractice claim, a lawyer will use the following criteria to assess your case.

What Qualifies as Medical Malpractice?

Medical malpractice occurs when a healthcare provider’s negligence or willful disregard for a standard of care leads to your injury or adverse health outcome. Examples of medical malpractice include:

  • A doctor who misdiagnoses or delays a diagnosis
  • A doctor who disregards a patient’s drug interactions when writing a prescription
  • A surgeon who operates on the wrong body part
  • A doctor who fails to recognize an infant’s distress during childbirth
  • A doctor who fails to receive a patient’s consent to perform a procedure
  • A nurse who administers the wrong drug to a patient

How Does a Lawyer Determine Your Case’s Validity?

Individuals who believe that they or their family members are victims of medical malpractice can consult with a lawyer who must determine that various conditions exist before agreeing to represent them. The first step is proving that the medical professional owed the plaintiff a duty of care under the assumption of a professional relationship. For example, within the bounds of a doctor-patient relationship, a doctor has various obligations, including informing a patient about the risks of a procedure, possible dangerous side effects of a drug, available treatment options, and appropriate follow-up care. 

As a personal injury lawyer community members trust from Therman Law Offices, LTD has explained to clients, the second condition for a viable malpractice case involves proving that a medical professional’s actions or decisions are not in line with acceptable medical practice. A patient’s injury or negative outcome must also be a direct consequence of a medical professional’s lack of adherence or divergence from these standards. 

The final criterion that a medical malpractice lawyer uses to determine a claim’s legitimacy is the extent of a patient’s physical or emotional suffering because of an injury. For example, a patient who loses vision in one eye following a surgical error may not be able to work again. An inability to generate income may seriously impact the patient’s financial well-being and cause ongoing bouts of depression and anxiety. 

Pursuing a medical malpractice case requires significant time and resources. A lawyer can assess your situation so you can feel confident about taking legal action and that the potential damages are worth the effort. When an error by any member of your medical team leads to your injury, many victims consult with a medical malpractice lawyer to help them understand what their case might be worth and the appropriate strategy for a successful outcome.

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September 1, 2022 by admin

Receive The Questions For Your Car Accident Case

An auto accident attorney Indianapolis, IN, victims, turn to can assist with offering legal counsel and representation and answering questions regarding the accident case when victims need it the most. Victims of car accidents stand to face significant injuries, some of which may forever alter a person’s life. Unfortunately, the damages victims suffer may result in not only severe pain but financial losses as well. When an accident occurs, and it is no fault of your own, it can be frustrating and difficult for victims to come to terms with. One of the best ways to move forward amidst healing from injuries is to seek compensation and hold the responsible party accountable for their actions. Seeking compensation can be a long and arduous process which is often exhausting when contending with debilitating injuries. Fortunately, Ward & Ward Law Firm has put together information for us below on auto accident attorneys.

Is Indiana a no-fault car accident state?

In all 50 states, there are two options when determining fault in car accidents. Car accidents can be considered either a fault or no-fault state. Indiana, for example, is a fault state, meaning that car accident victims can file a legal claim against the negligent party. To prove the claim, and receive compensation, victims and their lawyers must prove: 

  • A duty of care
  • Breach of duty of care
  • Damages
  • Causation 

When should law enforcement be contacted?

An attorney will share that, in more minor accidents, it may not be necessary to contact law enforcement. However, it’s important to note that much of the time, it may be in your best interest to contact law enforcement. It’s legally required to contact law enforcement when those in a car accident are injured, or property damage exceeds a certain amount. Remember that law enforcement can play a critical role in the case by determining the responsible party and developing a police report that will act as crucial evidence. 

What are common reasons to seek medical care?

Medical care offers several advantages for the accident victim. Treatment from a medical professional can ensure that injuries are diagnosed and treated. Keep in mind that in some cases, victims may be unaware that they have been injured in a car accident, and seeking treatment can, in some situations, be a matter of life or death. Additionally, medical treatment provides medical documentation outlining injuries and their impact, which can help tie the injuries suffered by the victim to the accident. 

Should the insurance company be contacted even if it wasn’t my fault?

While it’s always in your best interest to first contact a lawyer to discuss the legal case, you should also contact your insurance company, even if the accident wasn’t your fault. In some situations, your insurance may offer coverage that can assist in covering some of your losses. Additionally, the insurance contract may require you to contact them regardless of who was at fault for the accident. 

When victims have been injured at the hands of another party, seeking guidance from an attorney can help hold responsible parties accountable and gain much-needed compensation. We know that taking action can feel overwhelming, but by contacting a lawyer, victims can finally gain much-needed compensation to cover their losses. 

Filed Under: Uncategorized

August 14, 2022 by admin

Basic Guide to Personal Injury Terms

Personal Injury Lawyer

Whether you are currently in the process of a personal injury lawsuit, or are considering filing one – it is good practice to have a basic understanding of common terms used to describe aspects of the process. An experienced personal injury lawyer from Hall-Justice will explain the importance of understanding these commonly used to describe the nature and viability of a personal injury lawsuit will help you feel more comfortable during the process.

Liability

Commonly referred to as strict liability, this legal theory describes liability towards one or more parties, regardless of fault or ill intentions. Strict liability imposes liability for acts that led to conditions that caused damage or injury in any way. Examples of strict liability commonly observed are with product liability. Manufacturers are held to the standard of strict liability if their product leads to someone being injured or becoming sick.

Damages

In a personal injury lawsuit, damages refer to the money that the plaintiff is seeking by means of legal action. Damages are intended to help the plaintiff recover and help make the process less financially impactful. There are two main categories of damages, economic, and non-economic. Economic damages are tangible, quantifiable damages. Non-economic damages are not easily quantifiable and usually address emotional conditions that arise directly from the injury or condition.

Statute of Limitations

Think of the statute of limitations as a time limit or period usually set by local state law. This time frame is the period of time after an incident in which you have to make a claim. Bear in mind the statute of limitations varies based on the type of personal injury case and the locality where the claim is to be filed.

Torts

Torts and intentional torts refer to any act which can be considered as wrongful but is not technically a crime. Almost all civil lawsuits involve some form of a tort. Common examples of torts that you may encounter that pertain to personal injury lawsuits are, negligence, wrongful death, assault, battery, and trespass.

Another sub category of torts are intentional torts. Intentional torts refer to an act that was wrongful and done on purpose. The majority of these may also be classified as a crime. Assault and battery for example may carry both civil and criminal liability. 

Negligence

One of the most commonly used terms within personal injury related lawsuits, negligence describes a tort that stems from conduct that is perceived to be careless that leads to damage or injury to another person or property. For example, if you fell while walking in a shopping mall because of a spill that was not adequately marked, and as a result broke your arm, negligence may be used to describe the breach of duty the mall had to maintain safe premises for visitors.

Burden of Proof

Depending on the type of personal injury case being heard, the burden of proof refers to the plaintiffs obligation to prove their allegations. With a personal injury lawsuit, the plaintiff must demonstrate beyond reasonable doubt that the defendant was liable for conditions or actions that led to their injury or subsequent condition.

Filed Under: Uncategorized

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