E-Commerce Revolution

Blog

  •  How Admitting Fault May Impact Your Case 

    How Admitting Fault May Impact Your Case

    In the unfortunate event of suffering an injury or property damage in a car accident, you may be eligible to receive compensation for expenses that were incurred as a result. Compensation can be pursued for medical expenses, lost wages, property damage, and numerous other costs that arose as a direct result of the accident.

    As our friends at Tuttle Law, P.A. explain, in order to preserve your rights, you must be careful with the things you say and do in the moments, days, and weeks after the accident. Apologizing for the accident may jeopardize your eligibility of being compensated. Regardless of how responsible you feel after the accident, you should never admit fault. Here are a few reasons why:

    You may not yet have all the facts about the scenario.

    Given the inherent complexity of some car accident cases, there are likely factors that contributed to the accident that are not known in the time shortly after the accident. For example, the other driver may have been operating a vehicle that was in violation of state safety standards, which ultimately contributed to the accident. You must accept that there could be other factors at play that will require a professional to discover.

    Emotions may compromise your ability to think rationally.

    A serious car crash can be a traumatic experience. At the moment of impact your brain kicks into survival mode, releasing chemicals that can compromise your ability to process what happened and communicate your statement to investigators in a rational manner. Regardless of who was actually at fault you may feel the need to apologize to the other driver. By saying as little as possible to the other party you can help preserve your right to compensation.

    Your initial statement may not be eligible for change.

    In many accident scenarios, the statement taken by the on-scene investigators may not be eligible for revision. Meaning if you apologized to anyone at the scene, your words may follow you until the claim is resolved. By attempting to revise your statement after informally claiming liability, you may damage your credibility and jeopardize your eligibility for compensation.

    Admitting fault is not your legal obligation.

    No one involved party is legally obligated to admit fault, regardless of how obvious fault may be. Determining fault is ultimately the job of those who are investigating the accident. Saying sorry to the other driver, or anything else that implies you are responsible for the accident, you may be sealing your fate as being liable. In this situation, silence may be your best friend.

    The insurance company may deny your claim if you admitted fault at any point.

    When communicating with the other driver’s insurance company you be particularly careful about the things you say. At this stage in the process it is invaluable to have an experienced car accident lawyer to facilitate communications with the other driver’s insurance company. By having legal representation, the other driver’s insurance company will know they must speak with your lawyer regarding your account of what happened.

    In the event that you suffered injuries or property damage in a car accident you will discover the guidance and advice of a lawyer to be invaluable. If you were in a car accident, contact a lawyer in your area to learn more about your legal options.

  • Personal Injury Cases Aside From Car Accident

    Aside from car accidents, what other types of personal injury accidents are there? As someone who may have recently been injured because of someone else’s neglect or carelessness, you may wonder if what happened to you warrants filing a lawsuit. There are many different types of accidents categorized under the area of personal injury law. Here are examples of personal injury accidents that you should be aware of, but keep in mind, there are countless others that are not listed here. If you have questions about your situation specifically, you can probably benefit from speaking with a lawyer.

    Medical Malpractice
    Doctors are bound by law to offer a certain level of medical care. When doctors commit oversights, mistakes, or are reckless with a patient’s health and a worsened condition results, there may be reason to file a medical malpractice case. Common examples of medical malpractice include but are not limited to prescription mishaps, surgical mistakes, incorrect diagnosis, and delayed diagnosis. There are unlimited scenarios in which a doctor or other medical professional could have made a serious error, so if you suspect medical malpractice has happened to you or a loved one, seeking help from an experienced legal team is paramount.

    Slip and Fall
    Property owners and other related parties are responsible for maintaining their grounds so that visitors or residents are not harmed. Slip and falls can happen as a result of negligence, particularly if a hazard went unaddressed which led to someone getting injured. For instance, you may have been shopping at a grocery store when you slipped on a wet pile on the floor. Staff must attend to leaks and clean up slippery surfaces promptly. Another example is if you are going down a set of stairs in an apartment complex and then slip because there were no handrails installed for you to grip onto and save your fall.

    Wrongful Death
    Wrongful death cases are complex, and sensitive in nature. Wrongful death cases are often filed by relatives of someone who died due to another’s conduct. Family members may file such a lawsuit as a way to inflict justice on the offender who took their cherished person’s life too soon. The intention of wrongful death lawsuits is to provide compensation to the family for how their lives have been changed. Damages that the surviving family may receive include loss of financial support, funeral costs, medical bills, and non-economic damages for loss of companionship and grief.

    Workplace Accident
    Accidents can happen anywhere, including where you work. Many employers offer workers’ compensation benefits to employees in the event of a work-related injury. Through this benefit program, injured workers can get treatment for their injuries without money having to come out of their own pocket. However, there are times when a claim is mishandled, denied, or reduced in a way that affects the employee’s ability to recover. Employers may also put pressure on someone to get back to work quicker, before their doctor has approved for them to do so. As a personal injury lawyer from David & Philpot, P.L. has seen, because of the many issues that can arise while a workplace accident claim is being handled, some employees have a lawyer intervene to protect their best interests.

  • Sustaining Whiplash In A Car AccidentCar Accident Lawyer

    Whiplash is one of the most common injuries people suffer in car accidents. The neck injury may not be life-threatening, but it can cause chronic pain and other complications without prompt treatment. That’s why it’s essential to seek medical care promptly.

    Common Whiplash Symptoms

    Whiplash occurs when the head is jerked back and forth suddenly. The extreme force can cause trauma to the neck area. Common symptoms of whiplash include neck pain and stiffness, dizziness, headaches, blurred vision and shoulder pain. It is not uncommon for whiplash symptoms to now show up until days after a car accident.

    Common Whiplash Treatments

    If you get medical attention promptly, there is a better chance that you can successfully treat whiplash. The type of treatment you receive will depend on the severity of your condition. Here are common whiplash treatments:

      • Rest. Since your neck went through trauma, your doctor will advise you to take it easy for a couple of days. Avoid strenuous activities and try to rest.
      • Medication. Whiplash often causes pain, so you may be directed to take over-the-counter pain medication, like ibuprofen or acetaminophen. If your pain is more severe, your doctor may prescribe prescription pain medication. Your doctor may also prescribe muscle relaxants, which can loosen tight muscles and relieve pain.
      • Physical therapy. In some cases, doctors may recommend physical therapy for whiplash. In physical therapy, a trained therapist can show you various stretching and movement exercises for your neck. If you perform these exercises regularly, you may restore range of motion in your neck and feel better.

    Evidence to Support a Whiplash Injury Claim
    If you suffered whiplash in a car accident caused by another driver, you may be entitled to compensation. However, in order to obtain that compensation, you must have sufficient evidence. Whiplash can’t be detected through x-rays and other diagnostic exams, so they are more difficult to prove than other injuries, but not impossible. Here are some important pieces of evidence to have in your whiplash injury claim:

      • Medical bills
      • Photos of the accident scene
      • Police reports
      • Witness statements

    Statute of Limitations to File a Whiplash Injury Claim

    If you plan to file a whiplash injury claim, it is important to find out what the statute of limitations are in your state. In Virginia, the statute of limitations to file a personal injury claim is three years from the date of the injury. Although that might seem like a long time, you should not procrastinate. It’s important to get in touch with an experienced car accident lawyer area residents trust, like one from MartinWren P.C., to discuss your case.

    Your lawyer will help you bring a timely claim against the negligent party and look out for your best interests. He or she knows the true value of your case and will handle negotiations with the insurance company. You will have a higher chance of obtaining a fair settlement with a lawyer on your side.

  • What Is Medical Malpractice?Medical Malpractice Lawyer

    Negligence is an element of personal injury law that must be shown to exist if you want to win a case. Since medical malpractice falls under the personal injury umbrella, negligence must exist. If a medical provider or facility makes a preventable mistake, it may worsen your condition or even create a new one. Discover some of the most common examples of medical malpractice by reading through this piece.

    A Late Diagnosis

    When you see the doctor for an issue, it may take a few visits and rounds of testing before getting a diagnosis. Part of this is because signs and symptoms often overlap between conditions. For example, nausea, dizziness and exhaustion may lead to a whole host of infections and conditions. It is up to the doctor to push forward with further testing, eliminating possibilities to reach the proper diagnosis. However, when this does not happen and testing is stopped before a conclusion is reached, you may find yourself growing sicker with no guidance or help from your medical provider. You may visit another doctor who diagnoses you with something more advanced. A delayed, missed or failed diagnosis may be malpractice if the doctor did not exhaust every avenue. If you believe that this has occurred to you then it may be time to seek out legal counsel.

    Delayed Intervention

    The emergency room can be full at all hours of the day and night. People sometimes go to the ER to seek treatment for mild conditions simply due to a lack of access to regular medical care. Most often, a visit to the ER means your physical condition requires immediate action. When you get there, you may have to wait either in the lobby or in a treatment area. If your condition worsens while you wait, you may suffer a catastrophic medical event. Delayed intervention may be considered malpractice if your signs and symptoms were ignored or missed. One of the most serious consequences of delayed intervention is a birth injury. A failure to perform an emergency cesarean section on a mother who is in distress may result in oxygen deprivation to the baby.

    Wrong Medication

    Medication is administered in medical facilities for various conditions. When you first present your medical condition and give your medical history, you also should give your list of drug allergies if there are any. Sometimes, however, these allergies do not get charted. This may result in a severe reaction or interaction with other medications. If the wrong medication is dispensed, it may even result in death or severe side effects.

    Medical mistakes may add up to catastrophic consequences or even in some cases, death. If you feel like you have been the victim of medical malpractice, you may want to consult with a medical malpractice lawyer for assistance. A firm like Hall-Justice can assist with holding the medical clinic or professionals accountable for their adverse actions. They also can help with the financial portion of the claim.

  • The Real Impact Of A Construction Injury

    Personal Injury

    If you work in construction, you know that you have to be safe – and you know that your employers should be keeping you safe any way they can. Safety meetings, protective equipment, the list goes on – but even with all these safeguards in place, you can still wind up hurt on the job.

    You have to keep your head on a swivel and do everything you can to prevent injury. And if you’re still injured, you need to have a lawyer on hand who can walk you through your workers’ compensation claim. The right lawyer is as essential as a hard hat, and you’ll be happy you contacted them in the event of the unthinkable.

    As work injury lawyers like our friends at Rispoli & Borneo P.C. can explain, it’s better to plan for the worst case scenario than let yourself be caught completely off-guard. Read on to learn more about how construction accidents can lead to serious legal headaches, and see how a work injury lawyer can help.

    • Workers’ Comp vs. Personal Injury Lawsuits.

    When you’re hurt on the job, you have two options. Depending on how negligent your employer may have been, you can either pursue workers’ compensation or a personal injury lawsuit. If your employer has been following all the necessary safety protocols, a workers’ comp claim can get you the money you need to stay afloat – but if your employer was completely negligent, you might be able to hold them accountable with a personal injury suit instead.

    • Construction accidents can cause serious injury.

    If you were hurt on the job, the last thing you should be doing is paying off your medical bills out of pocket. After all, if you weren’t at work at the time, you might have avoided the accident or injury altogether. Fortunately, you can rely on workers’ compensation and insurance to cover the costs of your injuries.

    • Lost wages should be covered.

    When you’re focusing on recovering from your injuries, you shouldn’t have to worry about all your financial obligations. Unfortunately, when you’re unable to work, those debts and payments can become overwhelming. Your mortgage, your car payments, even your food expenses can all weigh you down, all because you aren’t collecting regular paychecks. It’s important to know that you’ll be covered when you’re unable to clock in, and workers’ compensation can help.

    • Insurance companies can be stingy.

    While you might have full faith in your insurance provider, the sad reality is many insurance companies actually generate money the longer they hold onto those much-needed funds. If you want to collect the money you need to stay afloat, you might need to contact a lawyer who can get you that compensation in a timely fashion.

    • Workers’ compensation is a headache.

    There’s no such thing as free money, even if it’s supposed to compensate you for an accident. With all the forms and doctor’s appointments you’ll have to make, your workers’ compensation will feel more like a job than when you were at the jobsite. Fortunately, a lawyer can help you manage all the paperwork so you can focus on what matters: your health, and your recovery.

    Get in Touch with a Work Injury Lawyer Today

    When you’re hurt on the job, you need all the help you can get to get back on your feet and back in the game. Reach out to a work injury lawyer today and get started with your recovery.

  • Understanding the Elements of Your Personal Injury Claim

    When a person experiences an accident resulting from negligence, they may pursue a legal claim with help from a personal injury attorney Indianapolis, IN victims recommend. To take legal action (and reach a successful outcome), victims must tie the evidence to each of the elements associated with a personal injury case. Personal injury cases can range in severity. While some cases may result in impactful injuries, some victims may be left with catastrophic, life-changing damages. It may be challenging to know when seeking legal guidance from our Ward & Ward Law Firm team is in your best interest. Despite this, some instances will make it evident that a legal consultation is in your best interest. Legal consultations are relatively accessible because many attorneys offer them complimentary. Additionally, it’s important to note that many attorneys offer their services on a contingency fee basis, meaning they don’t receive payment unless they reach a favorable outcome for their clients. Hiring an attorney can make a significant difference because they can help achieve the most favorable outcome possible, making them imperative for many victims seeking compensation, justice, and closure.

    Key Elements Explained

    Several factors are involved when pursuing legal action after an accident that has resulted in damages. As a personal injury attorney people turn to for guidance will share that elements of a personal injury case must not only be present but also will require solid evidence proving each and tying each aspect to the next. Identifying these elements can be challenging for someone who does not practice personal injury law, which is why victims will require an attorney. The following are four key elements that must be present in your case to move forward:

    1. Duty of Care
    2. Breach of Duty of Care
    3. Injuries/Damages Resulted
    4. Injuries Sustained Were Due To The Breach

    Without these elements, the victim’s claim will likely not be strong enough to take legal action against the responsible party. When working with an attorney, they can assist by reviewing the case and gathering the necessary evidence to move forward.

    When To Call An Attorney

    After an accident, amidst physical injuries, it can be challenging for victims to decide whether they should pursue their case on their own or with help from an attorney. Taking legal action with a legal professional comes at a cost to victims, which is why it’s crucial to determine whether the claim’s value warrants legal help. Cases with more minor damages may not require assistance from a professional, but if any of the following are present, it’s imperative to consider help from an attorney:

    • You have been contacted by the insurance adjuster or the defendant’s attorney with an initial settlement offer
    • The insurance company denied your claim
    • You suffered injuries that resulted in medical expenses, lost wages, and more
    • There is more than one liable party involved
    • You want to put your recovery first

    Seeking compensation after an accident is a complicated and time-consuming process. Recovering from the accident will consume victims with debilitating injuries, and the process of holding the liable party accountable can be an especially trying time. Let our Indianapolis, IN personal injury attorney take the lead so they can build a strong case, gather evidence, and negotiate with the opposing side- so you don’t have to. Learn more about the services Ward & Ward Law Firm offers by contacting them today.

  • Is Filing A Personal Injury Lawsuit Worth It?

    Is Filing A Personal Injury Lawsuit Worth It?

    Many people who have suffered injuries as a result of another’s negligence, recklessness, or intentionally dangerous behavior understandably question whether filing a lawsuit against that third party will be worth their time, energy, and resources. It is no secret that filing a lawsuit is a stressful experience. It is, therefore, not a decision to be entered into lightly. With that said, working with an experienced personal injury attorney can help to ensure that if an accident victim has a strong case to make, the benefits I’m filing a lawsuit will eventually far outweigh the temporary stresses that navigating the legal process necessarily entails.

    Compensation and Justice

    The two primary reasons why accident and injury victims opt to file personal injury lawsuits are compensation and justice. In the wake of sustaining harm, injury victims often find themselves trying to keep up with mounting medical expenses and the financial consequences of losing time at work to devote to recovery. If a third party’s actions or inactions have caused your harm, you should not be saddled with the burden of financing your recovery. That responsibility rightfully belongs on the shoulders of those who caused your injuries. Filing a lawsuit can help to ensure that you are awarded the maximum amount of compensation that you are owed under the law.

    It is additionally important to mention the benefits of seeking justice, especially if you were injured as a result of an intentional act or the egregious negligence of someone, some government agency, or some company that remains in a position to harm others. Peace of mind is not an insignificant thing. Understanding that you have done all that you could to seek justice on behalf of yourself, your loved ones, and anyone else who could potentially be harmed by those who have caused your injuries can help to grant you peace of mind.

    As an experienced personal injury lawyer – including those who practice at The Law Offices of Barry P. Goldberg – can confirm, no attorney can ethically guarantee the outcome of a personal injury lawsuit. However, as successful personal injury lawsuits often result in some measure of justice being done and significant compensation awards, filing a lawsuit may be worth your time, energy, and resources. Speaking with a lawyer about the unique circumstances you’re facing will give you a strong sense of whether you’re in a position to file a potentially successful lawsuit.

    What if You Were Partially to Blame?

    Don’t shy away from speaking with an attorney about your legal options if you were partially at fault for what happened to you. All but a handful of states empower injury victims to seek compensation from others responsible for contributing to the causes of their harm, even when those victims also played a role in their injurious circumstances. An attorney can clarify the strength and potential value of your case once they have a strong understanding of what happened to you and to what degree you were responsible for what occurred.

  • What Happens If You Suffer An Accident On A Job Site?Workers Compensation Lawyer

    If you have been injured on the job, you may be entitled to compensation under the workers’ compensation system in your state. It’s important to remember that workers’ compensation isn’t designed to cover every aspect of your injury and its treatment; it only covers conditions that have to do with your occupation. Here are some things that workers comp won’t cover, along with tips on what you can do if you have been injured in an accident that falls outside these categories according to our friends at Hurwitz, Whitcher & Molloy, LLP.

    Personal Injury

    Generally, workers’ compensation will cover any personal injury that was sustained while on the job. This could include a slip and fall accident, being hit by a falling object, or even getting electrocuted. However, there are some exceptions to this rule. If you were injured while engaging in illegal activity or if you were intoxicated at the time of your accident, you likely will not be covered by workers’ compensation. In addition, certain injuries can be excluded from coverage such as psychological injuries or cancer due to exposure. Finally, what if the injury is considered to be an occupational disease? A common example of an occupational disease is carpal tunnel syndrome caused by repetitive motions with hand tools (such as typing). In order for an occupational disease claim to be successful it must first meet three criteria: 1) There has been a significant amount of exposure 2) The nature of the risk created by the employment process 3) The susceptibility factor involved. If all three requirements are met then you may have a valid claim.

    Working Conditions

    In order for an employee to receive workers’ compensation, their injury must have been sustained while on the job. This means that if you are injured outside of work, or during your lunch break, you will not be eligible for workers’ compensation. Furthermore, your employer must have workers’ compensation insurance in order for you to file a claim. If they do not, then it is up to them whether they want to take care of you themselves or pay for your medical expenses out-of-pocket. However, many employers choose to opt out of this type of coverage because it is expensive and is usually required by law only when there are 10 employees or more on staff.

    Workplace Accidents

    Many people believe that they can only receive workers’ compensation if they are injured on the job, but this is not always the case. You may be eligible for benefits even if your injury was caused by a pre-existing condition or occurred outside of work. However, there are certain types of injuries that are not covered by workers’ compensation, such as those that are self-inflicted or caused by illegal drug use. If you are unsure whether your injury qualifies for workers’ compensation, it is best to speak with a lawyer who specializes in this area of law.

    Income Loss Coverage

    One of the most important benefits that workers’ compensation provides is income loss coverage. This can help you make ends meet while you’re unable to work due to your injury. However, there are limits to what this coverage will pay. For example, if you’re able to work part-time or do some modified duty, your income loss benefits will be reduced accordingly. Additionally, if you have other sources of income (such as a spouse’s salary), that will also be taken into account when determining your benefit amount.

    Contact a workers compensation lawyer in Buffalo, NY for help today!

  • Workers’ Compensation: Who is Eligible for an Alternative Penalty Request?

    If you are a business owner and receive a penalty assessment letter from the Industrial Commission, you should contact an experienced attorney immediately. Who is eligible for an alternative penalty request in North Carolina depends on several factors. The North Carolina Industrial Commission is tasked with enforcing penalties for non-compliance with North Carolina General Statute §97-94.

    N.C.G.S. §97-94 states that employers who employ three or more employees must carry workers’ compensation insurance for the protection of their employees. When an employer either willfully or negligently fails to comply with the statute, they can be issued a hefty penalty. An employer who is eligible may request an alternative penalty from the North Carolina Industrial Commission. An alternative penalty allows an employer to significantly reduce the penalty depending on several factors.

    Who is Eligible For an Alternative Penalty?

    Two things must occur for an employer to be eligible to request an alternative penalty from the North Carolina Industrial Commission. The two requirements are stated as follows:

    1. The employer has not requested an alternative penalty in the past

    The first requirement is that the employer has never requested an alternative penalty before. This would mean that the employer has been penalized once before and has then been penalized for a second time. The policy behind the Industrial Commissions objective here is that you get one chance, and one chance only. Given the seriousness of not having workers’ compensation insurance, you are only allowed one chance to request the penalty reduction. Therefore, the first eligibility requirement is that the employee cannot have requested an alternative penalty prior to the instant penalty assessment.

    2. The employer has obtained an active workers’ compensation insurance policy

    The second requirement before an employer can request an alternative penalty is they need to obtain an active workers’ compensation insurance policy. If you are a business owner with three or more employees, workers’ comp insurance should be one of the first things you obtain. Workers’ compensation insurance is relatively cheap depending on the number of employees that you have. There are many different carriers that an employer can contact with regards to finding affordable coverage.

    Process for Reducing the Penalty Amount

    In order to receive an alternative penalty, an employer must first rescind the original penalty amount and then apply for the reduction request. The process for rescinding the amount includes submitting a letter to the Industrial Commission requesting that the original penalty amount be rescinded. Once the original penalty is rescinded, the employer can file a variety of evidence and have the penalty reduced under N.C.G.S. §97-94.

    Where do I send the payment after it has been reduced?

    Once the new penalty amount has been determined, the employer may mail the penalty payment to:

    North Carolina Industrial Commission, Attn: Sharon Hodge, 1240 Mail Service Center, Raleigh, North Carolina 27699-1240.

    The employer may also pay online at www.ic.nc.gov and clicking on “links” and “Pay Online.”

    Contact us

    If you have received a penalty assessment letter from the North Carolina Industrial Commission, it is imperative that you reach out to an experienced North Carolina attorney today. Schehr Law PLLC has handled numerous non-compliance issues and is well equipped to help you reduce your penalty. Give us a call or book an appointment online to speak with a licensed North Carolina attorney.

  • Why It Is Important to Always Attend Your Treatment After An Accident

    If you are injured in an accident, medical visits may be necessary. A doctor will keep track of your records as well as the progress you are making throughout each visit. Consistency with going to these visits will be a great benefit to you. After an accident, if you decide to file a personal injury claim, a gap in treatment could lessen your compensation greatly.

    What is a Gap in Treatment?

    It is found that insurance companies will deny personal injury claims when the records show a gap in treatment, or delayed medical treatment. Companies will argue, “if you were hurt so bad, you would not have waited this number of days before seeking medical attention.” In other instances, they will argue that you missed a large number of treatment visits, which means the accident did not require a lot of medical attention and you were able to get back into your regular life quickly after the accident occurred.

    The reasoning behind the insurance company reducing your settlement amount for gaps in treatment comes from the idea that if you do not get immediate and continuous treatment then your injuries may not be as severe as you claim.

    Why You May Have a Gap

    There are various instances that may cause you to have a legitimate gap in treatment. Examples of this include;

    • Sickness or illness
    • Required surgery
    • Vacation or out of town
    • And other related instances

    While these are unavoidable, it is important to speak with your attorney and make sure these events are documented to show there is no purposeful gap in the treatment you are receiving.

    How to Avoid A Gap in Treatment

    After being in an accident, it is important to receive immediate medical attention as necessary. Once you are given a diagnosis, you should follow up with your doctor and begin to set up checkups to monitor your progress. It is in your best interest to follow the doctor’s suggestions and follow the treatment plan they provide for you.

    Contact Us

    Following an accident, it is important to reach out to a personal injury attorney to help guide you through this process. At Schehr Law PLLC, we have years of experience in dealing with insurance companies. We understand what it takes to make you whole after an accident. The sooner you are able to contact us, the easier it will be for us to build a strong case. Don’t let the insurance companies take advantage of you. We offer free consultations for all personal injury cases. Please do not hesitate to reach out.