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.

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.

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.

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.

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.