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Auto Accidents

Monday, December 26, 2016

10 Things to Bring to Your First Meeting With Your Attorney

Hiring an attorney is not something most people do every day, so being a little bit unsure of how things are going to go is perfectly normal. To help ease some of the stress and make the process go more smoothly, take time to compile and bring the following list of items with you to your first meeting.

  1. A list of all your contact information. Your lawyer is going to need to know your full legal name and any other names you go by, your address, phone number(s), and email address.

  2. The names and contact information of other people that might get involved with the case - people on the other side, people on your side, witnesses, doctors, police, insurance agents, etc.  If a case has already been filed against you, the name(s) and contact information of the lawyer(s) representing the other side will also be needed.

  3. A typed up or written down account of the circumstances surrounding the situation that is causing you to seek legal help. Try to make your summary of events as detailed as possible. If writing or typing isn’t one of your strengths, try creating an audio recording.

  4. A timeline of events. The best way to do this is to buy a calendar, write all the important events on it, and bring it to the meeting with you.

  5. Any materials (including documents, digital files and photos) you have that relate to your legal matter. If possible, put the documents in an order that makes sense when paired with the summary of events and timeline you put together above.

  6. A list of information (particularly documents) you wish you had or thought you had but can’t seem to find now.

  7. The truth. You don’t have to swear to tell the truth, the whole truth, and nothing but the truth unless you are taking the witness stand in the courtroom, but lying to your attorney will not help your case. 

  8. Bring a good idea of what you hope to get out of the case. Think about what winning looks like to you. It is difficult for your attorney to figure out how best to help you if they don’t know what you want. 

  9. An open mind paired with a good sense of what your gut is telling you. Your lawyer may suggest a solution that you would never have imagined, or let you know that you don’t have a case. Listen to what they tell you, but don’t be afraid to share your thoughts on their suggestions.

  10. A list of any questions you have. The meeting will be far more productive if you leave without nagging questions or lingering doubts.

Monday, December 12, 2016

Alternative Dispute Resolution Might Be the Right Way to Bring a Case to a Close

Civil lawsuits arise because of a dispute between parties.  They’re unable or unwilling to resolve the dispute, so they get lawyers involved and cases are filed.  The litigation process is a way to resolve those issues with the help of a judge or jury.  But that’s not the only way to resolve a dispute.  

 
There are costs and benefits to litigation.  The obvious benefit is that a party may get the resolution it wants.  In a commercial context, pursuing litigation can also serve as a notice to others that the business does not hesitate to enforce its rights. But, the costs of litigation are many.  
  • Litigation often comes with a hefty price tag.  A party might not only be on the hook for its own costs and attorneys’ fees, but also a verdict against it and possibly the costs and attorneys’ fees for the opposing parties.
  • A case can literally take years.  If you win at trial, there could be an appeal.  Collecting on a money damages award will take time, if you can do it at all.  The time and energy a party spends on a legal case is time and energy not spent on other things, like family, making a living or running a business.  
  • Litigation can be emotionally draining.  The parties may have to relive over and over again, during depositions (when parties are questioned under oath) and at trial, in front of total strangers, very stressful and painful situations.
  • Litigation results in a loss of privacy.  Court proceedings and verdicts are generally matters of public record.   Someone off the street can go to the court clerk’s office, open up a file and read about very personal issues (such as family disputes, medical conditions and finances).  
One way to seek the outcome a party wants, without the heavy costs and risks of litigation, is alternative dispute resolution.  The parties can agree to mediation or arbitration, which may bring litigation to a close.
 
Mediation is a process by which a mediator works with the parties and attorneys to create a resolution acceptable to all parties.  Arbitration is a more formal process by which evidence is presented and an arbitrator (or panel of arbitrators) decides who should prevail.  An arbitration decision may or may not be binding on the parties.  
 
A mediator will learn the circumstances leading to the case, the parties’ positions and what they’re willing to give and take to resolve the issue.  The mediator may meet separately with the parties, try to create common ground and possibly come up with creative ways to meet the parties’ needs.  A mediator may, or may not, try to guide the parties with his or her assessment of the strengths and weaknesses of the case and the likelihood of success or failure, if it proceeds.
 
The parties can control how much time and energy this will take, instead of being subject to a trial schedule.  Agreements can be kept confidential.  Money, time, energy and emotions not spent on litigation can be spent on other things.  
 
Alternative dispute resolution is a means to bring control and certainty to the legal process which is invaluable when you are recovering from a traumatic, stressful and painful event that led to the legal action in the first place.

Monday, November 14, 2016

3 Steps to Follow When You Are Injured or in an Accident

The legal process involved in filing a personal injury lawsuit may deter some people from seeking damages regardless of the severity of their injury, but, having an idea of what you can expect at each stage of the process can help you determine if legal action is the appropriate route to take in your particular situation. An experienced personal injury attorney can counsel you as your case develops, and fight for your rights in the courtroom if necessary in order to achieve the outcome that's most favorable to you.

Regardless of how you were injured, there are certain steps that everyone who is in an accident or has been injured in some other way should take if they think they may have a personal injury lawsuit. The tips below provide an outline of what to keep in mind in the days, weeks and even months following your injury to ensure your potential personal injury claim is on solid legal ground.

A variety of situations can lead to injury, such as a slip/trip and fall, a car accident, a defective product, or a dog bite, among many others things. Following the suggestions below can help protect your right to file a claim for your injury in the near future, and will likely allow the filing process to run more smoothly than if you don't take these early preparations.

Put everything in writing.

Take notes on all the details of your injury. These don't have to be formal statements, just jotting down everything you can remember about the circumstances immediately before, during and after your injury can be a big help when it comes to filing your claim and jogging your memory. This sort of anticipatory preparation could mean the difference between your claim being invalid and you collecting all of the benefits to which you are entitled. It's even important to write down the conversations you had with others who may have been involved in the accident or injury claim, even if they were just a witness. Make sure that your physician or the hospital you visit for your injury notes the circumstances surrounding your injury in their records.

Take photographs.

If possible, take pictures of your injuries and the scene of the accident as soon as you can following an accident or injury. Focus on any visible cuts, bruises, burns, swelling or other marks on your body. Don't just take one picture, make sure you capture the injury and the scene from a variety of angles. This approach will hopefully result in some detailed pictures you can later present to the insurance company as evidence supporting your claim.

Obtain copies of your medical records.

Medical records can be an integral part of your claim, and have the power to make or break your case. Whether your medical records just serve to help you seek medical treatment from a specialist or if you need them to support your claim that your injuries were in fact caused by this accident and not a pre-existing condition, it's important to contact your physician and get copies of all records that may be pertinent to your case.


Monday, October 17, 2016

Expert Witnesses Can Be the Key to a Lawsuit


In civil cases, plaintiffs have the burden of proving defendants are to blame for their injuries or economic losses by a preponderance of the evidence, which essentially means, that based on the evidence, the defendants were more likely than not responsible for the injuries.  That can be a lot more complicated than it sounds  Expert witnesses can be a critical key to success in winning over the jury and winning these complex matters.

 
Take the case of Margaret Wellinghorst.  In November 2007, she was walking her dog when she tripped on the edge of a trench that had been dug in the road.  She fell and injured her left hand.
Read more . . .


Monday, September 26, 2016

Good Samaritan Laws: Should I help a stranger in need of medical attention?

Sometimes, individuals are in need of urgent medical attention. There aren’t always trained professionals around to help. Ordinary citizens who see someone in distress could be afraid to help, for fear that they may be held liable for doing something wrong. Good Samaritan laws originated to avoid that scenario.

As a result, many states have enacted “Good Samaritan” laws that protect people who come to the assistance of others from legal responsibility.  Good Samaritan laws in general provide that a person who sees another person in imminent danger, and tries to rescue the injured party, can’t be charged with negligence if the rescue attempt does not go well.

Good Samaritan laws are intended to encourage people to assist others by removing the fear of legal responsibility for damage done by the rescue attempt. For example, a Good Samaritan may see an overturned car beside the road, and discover the driver is trapped. If the Good Samaritan pulls the trapped driver out of the car, he or she may exacerbate the driver’s injuries. If the driver suffers a spinal injury while being pulled out of the car, he or she cannot later sue the Good Samaritan for negligence under the Good Samaritan law of his or her state.

In general, in order to use the Good Samaritan law as a defense to negligence, there are four elements that must be met. First, any assistance provided must be given as a result of an emergency. Second, the emergency that necessitated the care can’t be caused by the Good Samaritan. Third, the emergency services provided by the Good Samaritan can’t be given in a grossly negligent manner. Finally, if it’s possible to obtain permission from the accident victim, the victim must have given permission for the rescue. This may involve calming the person down before asking if he or she needs assistance. One extra requirement in some states is that the aid rendered must be free – if a doctor renders aid and sends a victim a bill later, the doctor could lose protection under the Good Samaritan law.

Currently, all 50 states plus the District of Columbia have some form of Good Samaritan law. There are many variations on the laws from state to state. Some states have different standards for emergency first responders, and some Good Samaritan laws limit who can provide medical assistance to someone in need. Also, most states providing Good Samaritan protections require that the medical care take place outside a hospital or other medical facility – so if a person goes into distress inside a hospital, and a professional renders aid, that person can be held liable if the aid is rendered negligently.

Another type of Good Samaritan law actually requires people to call 911 in some situations - usually if you cause an accident and someone is hurt, or if you happen upon an accident. For example, Vermont has a law that says if an individual sees someone who needs help, that person must call 911 or could face prosecution. This type of Good Samaritan law is not as common, but it’s important to be aware of your state’s requirements for mandatory assistance.
 


Monday, September 19, 2016

The Pros and Cons of Settling a Case

If you have been injured by the negligent actions of another, you may be entitled to compensation for your medical expenses, physical and emotional pain and suffering, permanent physical impairment or disfigurement, lost income, decreased earning capacity, property damage, or other economic losses. Deciding whether to settle a personal injury lawsuit without taking the case to trial is a major decision demanding the full consideration of many factors.

Some plaintiffs wish to settle the matter quickly, while others want to let a judge or jury determine whether damages should be awarded and how much. There are advantages and disadvantages to each option; only you can decide what is best for your specific situation but an attorney can help you put the pros and cons of each option into perspective.

The vast majority of personal injury lawsuits never see a courtroom, evidence that the benefits of early settlement are compelling to a great number of injury victims. Settling a case is often more advantageous to the injured party, rather than taking the case to trial.If you have received a settlement offer from the defendant or the defendant’s insurance company, you should review the offer with your attorney as soon as possible.

Settlement agreements have many advantages. Settling your case is much quicker than taking your case to trial, which can take up to a year – or more, depending on the jurisdiction and the complexity of the case. You can receive the money, or at least a portion of it, immediately so you can pay off your medical bills and repair property damage. Your attorneys’ fees and other legal costs are greatly reduced by avoiding protracted discovery and the trial itself. Additionally, the emotional benefits are undeniable. You have the peace of mind of knowing exactly how much money you will receive, and you can get emotional closure right away so you can move on. Finally, settlement agreements can remain confidential, whereas court proceedings are public records.

On the other hand, there are tradeoffs. In exchange for the benefits stated above, you will typically have to accept a smaller monetary award than you might get if the case goes before a judge or jury.

Taking your case to trial, letting the court decide the outcome, also has its advantages and disadvantages. If you go to trial and win, you may feel a sense of emotional satisfaction having prevailed in the lawsuit. And, as noted above, you may be awarded a much higher amount than what was offered in the settlement negotiations.

However, there is never any guarantee that you will win your case at trial, or that the amount awarded will be more than what you could have settled the case for. The value of any settlement offer or potential court verdict must be weighed against the increased costs of dragging the case out for many more months before a trial can take place. In considering your options, an experienced personal injury lawyer can provide you with a realistic assessment of whether a settlement offer is fair, and the likelihood of winning a greater award at trial.


Monday, July 25, 2016

I wasn’t wearing my seatbelt. Can I still sue?

It is well accepted that wearing a seatbelt greatly reduces the risk of injury in an automobile accident. It is designed to keep a car’s occupant from being thrown around the passenger compartment or even ejected from the vehicle. It is significantly more dangerous to ride in an automobile without wearing one. That is why all cars are required to have them installed and almost every state has passed a law requiring drivers and passengers to wear their seatbelts. The answer to whether a person who fails to observe these laws can still collect money for injuries by filing a lawsuit depends entirely on the state.

In some jurisdictions, if an individual is not wearing a seatbelt, he or she may be barred from recovering any compensation for his or her injuries. These states are Alabama, Maryland, North Carolina, Virginia, South Dakota, and Washington DC. This is called contributory negligence.

In other states, a different system is used. A jury must determine what percentage of a plaintiff’s injuries were caused by the plaintiff’s failure to wear a seatbelt. The court will then reduce the award by that percentage. The states that follow this system are Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, and Washington. This system is known as comparative negligence.

All other states use a hybrid system to determine whether or not a person can recover in a car accident when he or she was not wearing a seatbelt. If more than half of that individual’s injuries were caused by his or her failure to wear a seatbelt, he or she may not collect damages in court.

Even though the law varies from state to state, in every state, failure to wear a seatbelt can significantly reduce, or even completely bar, a person’s ability to recover damages and be made whole after a traffic accident. The law is meant to compensate a person for what he or she has lost through no fault of his or her own. The law says that failure to wear a seatbelt places some of that fault on the victim in a car accident.


Monday, June 6, 2016

Auto Recalls and the Dangers They Seek to Avoid

Automakers recall millions of vehicles every year. A recall seeks to reach out to consumers to return faulty products, mistakenly put in the marketplace, for repair. In 2014, more than 60 million vehicles were recalled, nearly doubling the previous record set in 2004. These automobiles all had some sort of defect. Some of the defects, while annoying, were not of serious concern, such as a faulty air conditioners, while others resulted in significant safety issues, like problems with the ignition switches, brakes, or steering. Honda issued a recall of 14 million vehicles because its airbags might shoot sharp pieces of metal into the car when deploying.

Of the 60 million cars that were recalled in 2014, less than half were actually repaired. Consumers may not be aware of the recall. Cars change hands several times, and dealers have trouble reaching out to everyone who might have the car. Several major car manufacturers have been caught purposely misleading regulators and consumers about recalls to save money. Toyota recently paid a $1.2 billion fine for this improper action. Even when everyone is aware that a recall has been issued, a consumer may not prioritize it. When consumers are able to bring their automobiles in for the recall, the part necessary for the repair may be unavailable, especially on older model cars that are no longer in production.

This leaves millions of automobiles on the road every year that may pose significant safety issues. Wiring issues can increase the risk of car fires. Vehicle components could break resulting in loss of control of the vehicle. Seat belts might be defective. Windshield wipers might not work properly. All of these problems make the roads less safe for drivers of these vehicles and everyone else on the road.

If a consumer is injured as a result of an issue caused by an automobile defect, he or she may have a substantial claim against the auto manufacturer. If the defect has caused a collision, the car company may be responsible for all injuries. A consultation with an experienced attorney is necessary to determine whether or not a claim is viable in a particular situation. 

 


Monday, February 29, 2016

Factors Used to Determine Fault in a Traffic Accident

When the courts are asked to determine liability in a personal injury case involving a traffic accident, one of the first things a jury is asked to consider is who is at fault for the accident. There are several factors that are taken into consideration when making that determination.

First and foremost, if any of the drivers involved in the accident were guilty of any traffic violation related to the accident, there is a good chance that the court will assign fault the driver guilty of the infraction. Common traffic violations related to traffic accidents include running red lights or stop signs, speeding, making improper turns, and texting while driving. Similarly, if any of the drivers is guilty of driving under the influence of drugs or alcohol, he or she is likely to be found at fault for the accident.

A police officer’s account of the accident is also important in determining which party is at fault. The police officer will interview witnesses, including the parties to the accident, and weigh conflicting stories to determine what actually happened to cause the accident. Tire marks on the road and the positioning of vehicles can help an officer come to a conclusion. Sometimes, video footage exists to eliminate any doubt as to what happened, either from someone’s dash cam or from a security camera. Police officers have experience and training to help them recreate accident scenes from the evidence available, but their reports are not perfect.

When an accident is the result of a rear end collision or a left hand turn, the officer is usually quick to assign blame to the car in the rear or the car turning left. The rule of thumb while driving is that the driver making a turn must wait for oncoming traffic to pass before turning. A driver must always cede the right of way to the traffic in front.

The role that the determination of fault plays depends largely on the laws of the state in which the accident occurs. Some states follow a doctrine of contributory negligence while some have a more lenient policy of comparative negligence. States that use contributory negligence may preclude a plaintiff from collecting any damages if his or her own negligence contributed to the accident at all. States that use a model of comparative negligence will reduce a jury’s award by the percentage of fault found to be the plaintiff’s. If a plaintiff has more than 50 percent fault, he or she cannot recover anything.


Monday, January 25, 2016

Deciding Who to Sue: How Do I Know Who to Name as Defendants?

When you decide to start a lawsuit, it can be confusing to identify the responsible parties. Sometimes there are a lot of people involved in your injury; maybe you're suing a business, and you're not sure about its official name or who the owners are. Factual investigation is often a crucial part of starting a personal injury lawsuit.

You can select more than one defendant to sue if that person or company is somehow connected to the harm you suffered. There are "necessary" defendants -- people without whom a court will not be able to evaluate all the facts of your case or reach a conclusion. "Permissive" defendants are not essential to the case, but if your dispute with them involves the same facts and issues as your dispute with the necessary defendants, you can usually include them in your lawsuit.

You may also want to expand your lawsuit to parties not directly involved but still liable. For example, if you are suing someone who harmed you in the course of performing a job, his or her employer may be liable. If a poorly designed or malfunctioning product is involved, you may be able to sue the companies and individuals involved in the product's design, manufacture, distribution or sale.

Suing individual owners of corporations, or a corporate parent of a subsidiary, can be difficult. The corporate structure limits liability, but there are exceptions. A court will "pierce the corporate veil" when fraud is involved or when justice demands it.

Before filing your lawsuit, you need to consider all those who have a connection to your claim. An experienced personal injury attorney can help you evaluate the facts of your case and determine who to sue.


Monday, January 11, 2016

What is soft tissue damage and how is it treated?

Soft tissue damage refers to damage done to the muscles, ligaments, and tendons throughout the body.  Often referred to as sprains, strains, contusions and tendonitis, soft tissue damage is usually caused by a traumatic event such as a slip and fall or a traffic accident.  It can result in swelling, bruising, and loss of function.   Immediately after an injury, the area affected by soft tissue damage should be protected, rested from any strenuous activity, kept cool with ice to regulate swelling, compressed and elevated.  If pain continues after 72 hours, it is likely that the injury is more than a simple sprain or strain.  When the soft tissue is inflamed for a long period of time it could result in serious, long-term damage.

When soft tissue damage exists in the back and the spinal column is compressed, it may result in what is commonly referred to as a pinched nerve.  Each vertebrae is separated by a gel filled sac that acts as a cushion between the bones.  When the muscles surrounding and supporting the spine are inflamed, it pushes the bones together, squeezing the sac and causing it to bulge, called a bulging disc.  In more serious cases, the sac actually ruptures.  This is called a herniated disc.  Besides being incredibly painful, these conditions can result in weakness or numbness in the extremities, known as radiculopathy.

MRI can confirm the existence of a bulging or herniated disc.  Treatment varies depending on the severity of the case.  For some, physical therapy and chiropractic manipulation will be enough to heal the damaged area.  This is considered conservative treatment.  There is the possibility that an epidural injection to the affected area could help reduce inflammation and give the injury an opportunity to heal.  If nothing else is successful, spinal fusion or decompression may be an option to reduce pain. A doctor should be consulted before engaging in any sort of treatment.  


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