Can You Sue Someone for Lying About a Car Accident? | Auto Accident Lawyers

If you’ve been injured in a car accident, it’s likely that you’re considering whether you can actually sue someone for causing the accident.  This might seem straightforward at first glance, but in reality, many defendants are “shady.”  They hide information, twist the facts, and lie outright. So, can you sue someone for lying about the facts in a car accident case

This can be extremely frustrating, as you might have already felt confused and overwhelmed by the prospect of a lawsuit.  With the defendant lying about the car accident, it may feel like the case has become even more complicated.  This isn’t an unreasonable reaction.  After all, conflicting stories in a car accident requires a bit of extra work.  Proving the “truth” isn’t always easy. 

Fear not!  Experienced attorneys can help.  Defendants lie relatively often, so there are strategic tools in place to “suss” out the lies.  If you’d like to learn more before speaking to an attorney, let’s explore the basics.

Why Do People Lie About Car Accidents? 

Though it may seem like the answer is obvious, it’s important to break this down: why do people lie about car accidents? 

At a basic level, defendants lie to avoid liability.  In a lawsuit, liability can lead to a significant damages payout, so defendants will often do whatever it takes to ensure that the court doesn’t find that they are at-fault.  By twisting the factual narrative around the case, the defendant may be attempting to create a new story that paints them in a favorable light. 

There are a number of avenues for the defendant to twist the narrative — for example, the defendant could lie to police at the scene of the accident, and those lying statements will be recorded in the police report.  In many cases, the defendant isn’t considering the lawsuit when making false statements.  When dealing with police, these false statements are made to avoid ticketing, fines, or an arrest. 

If you’re trying to sue someone for injuring you in a car accident, this lying can make you feel frustrated, even overwhelmed.  After all, you might not know how the defendant’s lies are going to impact your case, and how to counter the lies.  Well, don’t worry!  Experienced car accident attorneys are very familiar with handling false statements by defendants, and understand how to draft probing investigative questions to reveal the lies. 

What if Someone is Lying About a Car Accident?  How the Lie Can Impact Your Case. 

Okay, so we know that people often lie about the details of a car accident to try and minimize their role in causing it.  At this point, it’s not unreasonable to think: can you sue someone for lying?  

The answer is no — but that doesn’t mean it isn’t useful.  The defendant’s lies can give you a strategic advantage. 

See, lying about a car accident doesn’t create a lawsuit by itself.  If you can prove that the defendant lied, however, it can “enhance” your case (i.e., easier to undermine the defendant’s narrative, access additional damages, etc.). 

In a typical car accident dispute, one of the major challenges is proving that the defendant is liable for your injuries.  In other words, proving that they are at-fault.  The defendant may attempt to avoid liability by painting a favorable version of the factual narrative.  This may include exaggerations and lies. 

If you can point out discrepancies, there are two major impacts: 1) the court may determine that the defendant’s conduct is egregious enough to justify bonus punitive damages (which can increase your compensation significantly), and 2) it will be much easier to undermine all other statements made by the defendant, as the court will be less likely to believe them. 

Ready to Sue Someone?  Call 1-800-THE-LAW2 for a Free Consultation 

If you’ve been injured in a car accident — whether or not you believe that the defendant is lying about the facts — you should speak to an experienced attorney about your case

Call our team at 1-800-THE-LAW2 to connect to a qualified car accident attorney in just 10 minutes or less.  Consultation is free and confidential, so there’s really no downside to having a conversation. 

We look forward to assisting you. 

What Does a Trucking Accident Lawyer Do? | Commercial Vehicle Accident Lawyer

If you’ve been injured in a truck accident, chances are that you’ve been considering a lawsuit with the help of an experienced trucking accident lawyer.   Good plan!  The first step to securing compensation is exploring your legal options, and broaching the possibility with a lawyer is an excellent way to get started. 

Here at 1-800-THE-LAW2, we operate a network of truck accident attorneys practicing in your area.  We encourage you to call us today to get connected.  Consultation is free and confidential, so it’s worth it to have your case evaluated and for guidance on how best to proceed. 

As you make your way through the litigation process, a truck accident lawyer will take on a number of different responsibilities on your behalf.  Don’t go through this process alone.  Going at it alone will undermine your ability to secure compensation. 

For now, let’s walk through some basics. 

Truck Accident Liability: the Basics 

As with any other motor vehicle accident, truck accidents can be linked to a variety of “legally problematic” behaviors.  You’ll have to evaluate whether the defendant’s (a truck driver, for example) actions rose to the level of negligence, recklessness, or intentional misconduct. 

Going through each of these in detail would fall outside the scope of this discussion, but let’s briefly explore negligence. 

All drivers have a responsibility to others on the roadway.  They have a “duty” to exercise reasonable care (under the circumstances) to avoid causing an accident.  Courts will evaluate a driver’s behavior by comparison to a similar “reasonable person” under those same circumstances.  If the driver acted out-of-step with the expected norm, and it caused an injury, then the court may find that they were negligent and liable.  The driver may be forced to pay compensation to the injured. 

Simple, right? 

Well, things tend to get more exciting (and more complicated) when they involve commercial trucking and trucking companies. 

Commercial Trucking, Big Rigs, Buses, and Other Unique Scenarios 

Depending on the case, the truck driver may not be the only party at-fault for causing your injuries.  Commercial vehicle accident lawyers understand that liability can extend to the driver’s employer, too. 

Thanks to a principle called “vicarious liability,” injury victims can sue and recover damages from a driver’s employer, so long as the driver was performing job responsibilities at the time of the accident.  So, for example, if you’re hit by a bus (that’s transporting passengers), you’d be entitled to sue the bus company. 

Why Bother Suing the Employer? 

Well, suing the employer is a brilliant strategic move.  Employers tend to have substantial insurance coverage, which can cover your damages in full.  They may also want to avoid the publicity of a lawsuit, and so are often more generous in making settlement offers. 

What Can a Truck Accident Attorney Do for Me? 

Truck accident attorneys are more than just advocates.  TV and movies have sold the public on the idea that attorneys are only around to “argue” with the opposition in court.  This is a myopic view of their responsibilities, however.  A truck accident attorney helps with all aspects of the claim, from start-to-finish: 

  • Gathering evidence, contacts, and other information 
  • Communicating with defendants, insurers, and other third parties on the plaintiff’s behalf 
  • Moving forward with a dynamic legal strategy 
  • Developing and presenting a persuasive legal argument  
  • Negotiating a settlement 
  • Submitting claims to insurers 
  • Investigating the truth through witness interrogations 
  • Pushing through to trial litigation if necessary 
  • Securing compensation after an award has been granted 
  • And more 

Phew!  That’s a lot.  So if you’ve been hit by a driver in a truck accident, no matter the situation (distracted driver, intoxicated driver, speeding driver, etc.), then you’ll want to consult with an experienced truck accident lawyer for guidance.  They will handle every aspect of your case so you don’t have to worry.  You can focus on recovering from your injuries and reintegrating yourself into everyday life. 

It’s worth noting that most injury lawyers operate on contingency.  They also offer free consultations.  This means that you don’t pay ANYTHING out of pocket until and unless you secure compensation.  At that point, they take a percentage cut of your overall compensation as a fee. 

Injured?  Contact 1-800-THE-LAW2 for a Free Consultation 

Were you injured in a truck accident?  Whether you were involved in an 18-wheeler crash or a semi truck crash (or even a bus collision), the law may entitle you to compensation.  It’s important to get in touch with a qualified truck accident lawyer ASAP for assistance.  Claims don’t last forever, so do speak to an attorney before the deadline “runs out.” 

Call us at 1-800-THE-LAW2 to get connected to an experienced trucking accident lawyer in just 10 minutes or less.  Consultation is free, and there’s no obligation to move forward if you decide you’d rather not. 

We look forward to helping you. 

What Compensation Can a Pedestrian Hit by Car Get for Their Losses? | Pedestrian Accident Settlements

In America, pedestrians are exposed to serious danger on a regular basis.  Thanks to nearly a century of political lobbying by entrenched interests in the automotive industry, most of the country is built for cars — not people. 

This dangerous pedestrian landscape means that “pedestrian hit by car” cases are extremely common.  Worse still, when a pedestrian is hit, they tend to suffer severe — sometimes even fatal — injuries. 

But not all is lost.  It’s possible for a pedestrian (who was hit by a driver) to collect significant compensation for their injuries, especially if it was a hit-and-run accident. 

Curious to learn more?  Let’s take a closer look at these types of cases, and what sorts of compensation might be available. 

Do Drivers Owe Pedestrians Duty of Care? 

ALL drivers — whether they’re working for a company or not — owe pedestrians a “duty of care.” 

In other words, drivers have to exercise “reasonable” care (under the circumstances) to avoid causing injury to pedestrians.  By default, this means following the rules of the road and taking steps to identify and avoid pedestrians, such as those crossing the roadway at a crosswalk. 

Breaching this duty of care (i.e., by speeding through a crosswalk and not paying attention to pedestrians) can give rise to liability.  Those who are injured may then sue the driver for damages as compensation. 

Can a Pedestrian Be at Fault? 

While it is important for drivers to be mindful of pedestrians, there are instances where pedestrians are at least “partially” at-fault for the accident. Like drivers, pedestrians have a duty of care, too.  They must adhere to the rules of the road to prevent accidents (and they must pay attention to their surroundings so that they can react appropriately). 

For example, suppose that a pedestrian is intoxicated at night and starts wandering into traffic.  If a driver hits this individual (despite their best efforts to avoid a collision), the pedestrian is likely to be found partially at-fault for their own injuries.  

But here’s the thing.  Even if you’re “partially” at-fault, in most states, you’re still entitled to sue for damages.  The only thing that changes is that your total compensation is reduced by your percentage fault. 

For more details, it’s worth consulting a qualified pedestrian accident attorney.  They’ll be able to identify your potential fault and provide an initial estimate as to the compensation that you can expect to recover in a lawsuit. Call 1-800-THE-LAW2 to get started.

Can a Pedestrian Sue if They Get Hit By a Car? 

Pedestrians have a legal right to seek compensation for injuries caused by at-fault drivers. The most common reasons drivers are found to be at-fault in pedestrian accidents include (but are not limited to):  

  • Speeding 
  • Failing to yield to pedestrians when appropriate 
  • Failing to notice crossing pedestrians 
  • Driving while intoxicated 
  • Driving while fatigued 
  • Driving without exercising normal caution 
  • Failing to comply with street signage 
  • Intentionally trying to harm pedestrians while behind the wheel 
  • And more 

What Should a Pedestrian Do After Getting Hit By a Car? 

Though there are a number of steps that you can take at the scene of the accident (i.e., obtaining contact info of the defendant and eyewitnesses, taking photographs of the accident scene, waiting for law enforcement, etc.), those are all secondary.  The single most important thing you should do — if you’re severely injured — is secure immediate medical attention.  Get to a hospital and have a physician evaluate and treat you as necessary. 

Even if you’re not sure whether you’ve been injured, it’s worth going to the hospital within the day.  Many injuries aren’t “obvious” but are revealed after extensive diagnostic tests. 

Failure to secure medical treatment in a timely manner can be used against you by the defendant, so don’t make assumptions about whether you do or do not need it.  Just get this step done. 

Throughout this entire process, you’ll also want to get in touch with a qualified pedestrian accident lawyer.  Why?  Your attorney will notify insurers of the accident and make sure that all communications run through them (this prevents any disclosures that could weaken your case and payout). 

Your attorney will also begin to gather evidence.  They’ll obtain copies of your medical records, the police report, and your work records (if you have to take time off of work after the injury).  They will also interview witnesses, work with experts to investigate the accident scene, and more. 

As with most personal injury cases, pedestrian accidents are typically settled out of court. In some cases, however, the driver refuses to settle (or doesn’t make a reasonable settlement offer).  At this point, you’ll likely want to push forward to trial. 

Skilled attorneys prepare for this possibility and are ready to do so on your behalf. 

What Damages Can Pedestrians Claim After Car Accidents?  

Injured pedestrians have a right to claim a variety of damages, depending on their particular losses. 

Economic damages cover the “monetary” losses related to the accident.  These damages include the following: 

  • Lost wages 
  • Medical expenses 
  • Loss of future income 
  • Property loss 
  • And more 

Non-economic damages cover the physical, psychological, and lifestyle-associated impacts of the accident.  These damages include the following: 

  • Pain and suffering 
  • Mental anguish 
  • Humiliation 
  • Loss of quality of life 
  • And more 

Making an argument for economic damages generally depends on detailed documentation, while non-economic damages are more “freeform.”  Skilled car accident attorneys know how to advocate for significant non-economic damages, and develop persuasive strategies for pushing those damages up. 

Find a Car Accident Attorney in Your Area Today 

If you’ve been injured by a vehicle in a pedestrian collision, NOW is the time to take proper legal action.  It’s important to understand that you only have a limited time within which to bring your lawsuit, so don’t delay. 

Call 1-800-THE-LAW2 today to speak with an experienced car accident lawyer. Consultation is free, and there’s no obligation to continue if you decide against doing so. 

We look forward to assisting you.

I Got Hit by a Bicycle While Walking | Cyclist Pedestrian Accident Lawyer

In America, getting around town safely by walking can be tough — pedestrians expose themselves to serious dangers. This danger is enhanced by the lack of proper bike lanes in many areas. As a result, cyclists and pedestrians are often put in dangerous contact with one another — without a bike lane, cyclists may be forced to swerve onto sidewalks to avoid traffic, or may simply find it easier and safer to ride on sidewalks. 

That being said, many cyclists don’t realize that by riding on sidewalks, they risk a collision with a pedestrian (that can cause serious injuries!). As such, if you’ve been hit by a cyclist while walking, you may be entitled to significant damages under the law. Call 1-800-THE-LAW2 today to schedule a free consultation with a personal injury lawyer near you.

Can a Pedestrian Sue a Cyclist?  

Both pedestrians and cyclists must obey the rules of the road, which includes obeying traffic lights and other signs, and crossing at the proper crosswalks. Unfortunately, cyclists “zipping around” a city or town do not always adhere to traffic laws and can cause serious accidents. Bicyclists owe a duty of care to those around them, including pedestrians walking around. If they breach this care in any way, such as riding on the sidewalk when it is prohibited, they are liable for any injuries they cause as a result. 

Common reasons for pedestrian-cyclist collisions include: 

  • Riding while intoxicated 
  • Speeding 
  • Ignoring traffic lights and signs 
  • Riding while distracted or drowsy 
  • Riding on the sidewalk 
  • Aggressive riding 
  • Intentional assault  

Do Cyclists Have the Right of Way on Pedestrian Crossings?  

Cyclist vs. Pedestrian Right of Way

Bicyclists must adhere to the same traffic laws and road rules as motor vehicle drivers, and so they must respect the right-of-way of pedestrians when appropriate. 

Pedestrians have the right of way on pedestrian crossings, and cyclists must yield to them. Any bike rider who fails to yield and injures a pedestrian could potentially be sued for damages. Bicyclists must also yield to oncoming traffic when they enter motor vehicle lanes, though car and truck drivers must use caution when cyclists are riding in dedicated bike lanes. In such instances, vehicle drivers need to be extra careful when making right turns.  

Some of the most common injuries pedestrians sustain from accidents with bicyclists include, but are not limited to:  

  • Road rash 
  • Broken bones 
  • Spinal cord trauma 
  • Head trauma 
  • Traumatic brain injuries 
  • Cuts and lacerations 
  • Internal bleeding 
  • Organ damage 
  • Neck, shoulder, and back injuries 

Do Cyclists Have the Right of Way at Pedestrian Crossings?  

Bicycle riders are allowed to use pedestrian crossworks, though they must yield to those on foot. It is generally a good idea for bicyclists to ride slowly or to dismount their “two-wheelers” and walk them across the crosswalk. By taking care in these ways, the rider is reducing the chance of a pedestrian-cyclist accident.  

Cyclist-Pedestrian Accident Statistics

Since 2009, pedestrian fatalities have increased by 59%. Drunk driving partially accounts for such fatalities, as bicyclists are considered cycling under the influence if they have alcohol in their systems.


Drunk driving partially accounts for pedestrian fatalities, as bicyclists are considered cycling under the influence if they have alcohol in their systems.

1-800-THE-LAW2

How much alcohol is considered unlawful varies by state, but as a general rule, any alcohol is going to help a pedestrian’s case — remember, litigation is strategic. If you can undermine the character and trustworthiness of the defendant, you improve your chance of success. A cyclist who rode after having something to drink is a cyclist who’s going to find it very difficult to defend themselves against your claims.

What Damages Can a Pedestrian Claim?  

If a pedestrian sustains serious injuries because of a bicyclist, they may be entitled to request economic and non-economic damages. In order to claim these damages, the pedestrian must show that the bicyclist was being negligent, reckless, or intentional, and that their behavior resulted in harm.

Common economic damages in a pedestrian claim include:

  • Compensation for lost wages
  • Medical expenses
  • Physical therapy, and
  • Trauma counseling

Non-economic damages in pedestrian accident claims include:

  • Pain and suffering
  • Mental anguish, and
  • Emotional trauma

Working with a pedestrian accident lawyer is critical. Your attorney will investigate the case and obtain all necessary documents, such as the police and medical reports. They will also take witness statements and gather employment logs showing that you missed time from work due to the injuries.  

Cyclists Are a Danger to Pedestrians

There are cases when the pedestrian sustains fatal injuries from the cyclist, such as a bike rider who knocks the pedestrian over, causing them to hit their head. The resulting traumatic brain injury caused the pedestrian’s death and their surviving family members can file a wrongful death suit.

Common economic damages in wrongful death claims include:

  • Emergency medical care
  • Funeral or memorial service costs
  • Burial or cremation costs
  • And loss of income

Non-economic damages in a wrongful death claim include:

  • Pain and suffering
  • Loss of companionship
  • Mental anguish
  • Loss of life enjoyment
  • And emotional distress

Are There Times When the Pedestrian is Partially Liable? 

Sometimes, the bicyclist is not completely at fault for the pedestrian’s injuries. Pedestrians that don’t adhere to the rules of the road (or who are intoxicated at the time) can be found partially or completely at fault for a bike accident. That being said, in most states, being partially at-fault doesn’t stop you from suing and recovering damages. It simply reduces your total damages. Even if you were partially at fault, it is important not to shy away from a personal injury suit

Cyclists Can Be a Serious Danger to Pedestrians 

Distracted, aggressive, and intoxicated bicyclists pose a serious danger to pedestrians walking around on sidewalks, crosswalks, and roadways, generally. 

That being said, there are many ways pedestrians can help themselves stay safe, such as:

  • Wearing bright or reflective clothing while walking at night
  • Refraining from wearing earbuds, and
  • Keeping to the sidewalk whenever possible

Other pedestrian safety measures include taking taxis or rideshares (if the roads are unsafe, or if they’ve been drinking). It is also important to cross at designated intersections and crosswalks instead of jaywalking.  

If you were injured by a bicyclist for reasons beyond your control, take legal action today. Call 1-800-THE-LAW2 to discuss your case with a compassionate bicycle accident attorney in your area. Consultation is free, so don’t delay! 

How Do Contingency Fees Work in Personal Injury Cases? | Personal Injury Lawyer Near Me

Concerns over the “affordability” of a lawyer often deter many people who need legal help. 

The affordability of legal assistance is an especially important issue for those who have sustained physical injuries, as they may have to take unpaid time off work (and are burdened by medical expenses, too). 

Fortunately, this concern isn’t a real one. Most personal injury attorneys work on a contingency fee basis (unlike other attorneys). As such, they don’t cost any money out-of-pocket. They only get paid when you get paid. 

Simply put, most personal injury attorneys are “free” until you get paid, at which point you give them a percentage cut of your compensation (anywhere from 25 to 35 percent, usually). This makes legal assistance extremely accessible to everyone, regardless of income. 

And what happens in the event that your attorney isn’t able to successfully secure compensation for your injuries? Good news. You don’t owe them anything. Not a dime. 

When Do You NOT Need an Attorney After an Accident? 

You ALWAYS need an attorney. No, seriously. You should ALWAYS speak to an attorney after an accident, even if just to have your case evaluated to determine whether you have an actionable legal claim. 

If you don’t, you’re leaving money on the table. And the thing is: it doesn’t cost anything to speak to an attorney and have your case evaluated. So why would you NOT have a brief discussion and see where it leads? 

It’s better to have an experienced attorney review the details of your accident and potential injuries to determine if you have a valid claim than to move forward without a legal opinion, thus leaving money on the table (that you deserve to receive in compensation for your damages). 

Most personal injury attorneys don’t charge an initial lawyer consultation fee, so it costs you nothing to find out if you have a claim for compensation.  

Even if you don’t think you have the money to pay an attorney upfront, with 1-800-the-law2, you don’t pay unless our attorneys secure compensation on your behalf. Contingency fees ensure that you can pursue your claim without any initial costs whatsoever. 

What is an Attorney Retainer? 

Typically, attorneys who will be doing ongoing work or an undetermined amount of work for their client will ask for a retainer agreement, and will charge both a baseline “retainer” fee as well as hourly fees. This type of arrangement is common with business and family law attorneys. However, most personal injury attorneys don’t charge retainer fees or hourly fees. Instead, most personal injury attorneys work on contingency.  

Contingency Fees 101 

Contingency fees require no upfront or out-of-pocket payment. Instead, you sign an agreement that the lawyer will represent you through the resolution of your claim. In return, you agree to pay them a certain percentage of the compensation you receive when you receive it. Usually, this is between 25 to 40 percent, but it can vary depending on many different factors.  

If the lawyer doesn’t obtain compensation on your behalf, then you don’t pay anything. 

This is quite different from having a lawyer on retainer, where you agree to pay them no matter the outcome. With contingency fees, the risk is 100 percent on the attorney. You don’t take on any of the risk burden. 

How Important is a Good Lawyer? 

Hiring a skilled lawyer to represent your injury claim is imperative. After all, a skilled attorney is more capable of securing a financial recovery on your behalf. Ready to call a car accident lawyer? Here are 4 things to look for.

What Sort of Qualities Define “The Best Car Accident Lawyer” for a Personal Injury? 

You want a lawyer who is highly experienced in personal injury law, particularly in representing clients who have injuries similar to yours or whose injuries were caused by a similar situation, such as a car accident or a slip and fall. You also want an attorney who: 

  • Works on contingency fees 
  • Has a positive reputation 
  • Enjoys good online reviews 
  • Is in good standing with your state bar 
  • Demonstrates compassion and understanding 
  • Is a skilled negotiator 
  • Stands up to big insurance companies  
  • Is willing to take your case to trial if it becomes necessary 
  • Has the time and resources to manage your case now 
  • Will return your calls promptly 

Do You Need to Retain an Attorney for Your Personal Injury? 

Remember that even if you don’t think you have a claim or believe your injuries are minor, it’s always in your best interest to speak with a personal injury attorney to clarify your legal rights and options. You could be owed compensation for your injuries and damages. If you don’t have a qualified attorney review your case, you may never know. 

Call us at 1-800-THE-LAW2, or complete the form on this page, to get connected to one of our skilled attorneys in just 10 minutes or less. Thanks to contingency fees, you won’t have to pay anything out of pocket to get started. 

Why You Need a Lawyer Even if Your Case is Going to Settle | Injury Accident Lawyers

Many injury victims mistakenly believe that the at-fault party’s insurance company will take care of them, no fuss required. Sadly, this doesn’t usually happen. Insurance companies are for profit. They are in business to make money. If they paid everyone fairly for their claims, their profits would go down. In fact, insurance companies are notorious for engaging in manipulative strategies to avoid having to pay injured parties. 

What Can Claimants Do to Fight for Fair Compensation? 

The best decision you can make is to hire an experienced personal injury attorney. Even if you think that your case will conclude in an “easy settlement,” you still need the knowledge and skillset of a personal injury attorney to maximize the settlement amount.  

Why Do You Need a Lawyer? 

You’re not a trained attorney. That means you don’t know the ins-and-outs of detailed court procedures, let alone have the strategic experience to understand how to properly interrogate witnesses and present evidence in court. 

In fact, this depth of knowledge is considered so crucial, that American courts discourage claimants from moving forward without an attorney. It’s a choice that you’re legally allowed to make, but a foolish one – like swallowing a tube of poison to test whether it will harm you. 

Take the time to heal and recover from your injuries. Focus on your recovery. Do not concern yourself with things that are beyond your experience and training. Unless you’re a personal injury attorney yourself, you simply don’t know how to negotiate a settlement with a hostile insurance company, for example. 

What Are the Responsibilities of Personal Injury Lawyers?

The responsibilities of personal injury attorneys include: 

  • Investigate your injuries and how they happened 
  • Identify the liable parties—if there is more than one, this can maximize your compensation 
  • Hold the right parties accountable for your damages 
  • Collect evidence  
  • Research all applicable insurance policies 
  • Protect you from falling victim to the insurance company’s tactics 
  • Ensure all your damages are accounted for within your demand for compensation 
  • Prepare your case for trial if you don’t receive a reasonable settlement offer  
  • Represent you at trial, if you decide to take your claim to trial

Is it Better to Settle or Go to Trial? 

In general, an out of court settlement is preferable to going to trial. There are many benefits for both parties if they can agree to settle out of court

These benefits include: 

  • Decreased cost overall—it’s more expensive to go to court 
  • Decreased time to resolve the claim—you don’t have to prepare for trial and wait for a court date 
  • More control over the resolution of the claim—you aren’t putting the fate of your case in the hands of a judge or jury 

Injured parties can also avoid the hassle and anxiety of going before a judge and jury, while insurance companies, and sometimes clients, can preserve their reputation by not having the ordeal on a permanent and public court record. Most cases end in a settlement, due to a combination of these benefits.  

That being said, skilled attorneys understand that part of getting a “high” settlement is being ready and able to go to trial, if necessary. The threat of a trial has to be there to maximize the settlement amount

The Settlement Negotiation Process 

During the settlement negotiation, your attorney will be deeply familiar with the strengths and weaknesses of your claim. Typically, settlement negotiations begin after your attorney sends an initial demand letter to the at-fault party or their insurance company. This letter describes in detail:

  • What happened
  • Why you deserve compensation
  • Wow much you are requesting
  • And why  

Once the insurance company or their attorney receives this settlement demand letter, they will reach out to your personal injury attorney and make a counteroffer to the demand letter. This usually begins settlement negotiations. The negotiations can happen in person, at scheduled meetings, over the phone, or via email. The negotiation process can last days, weeks, months, or even longer. It varies from case to case.  

It’s your injury attorney’s responsibility to present you with the personal injury settlement offers, and to provide you with legal advice as to whether it’s an acceptable offer. In the end, YOU are the one who gets to decide if a personal injury settlement offer is acceptable. In the event that you do not receive any acceptable settlement offers, you can elect to move forward towards court litigation. 

Do bear in mind that accident settlements can be reached even after the trial starts. If you do agree to a settlement, you are required to sign a form agreeing not to pursue accident compensation for the same reason, and sometimes, to refrain from disclosing the details of the settlement.  

What Happens at a Settlement Meeting? 

Attorneys generally work through the negotiation process themselves. Usually, your attorney will ask for a settlement amount close to what was initially demanded. The defending party will likely point out a few weaknesses in your case and make a counteroffer. Your accident attorney will then point out weaknesses in their arguments, and will serve up another counteroffer. This offer-counteroffer dynamic will go back and forth until their efforts are exhausted or they reach an agreement for the value of your personal injury claim. Your attorney will let you know when it might be a good idea to accept a settlement offer.  

Speak with an Injury Lawyer Today 

Insurance companies know that claimants with legal representation are serious about getting the compensation they deserve for their injuries. They also know that personal injury lawyers know the true value of their client’s injury claim, so presenting a lowball offer won’t work. So you can increase your chances of a full and fair accident settlement by relying on an experienced personal injury attorney to represent your case. 

Call us at 1-800-THE-LAW2 or fill out our form to get connected to a qualified attorney in your area in just 10 minutes or less. Legal consultation is free, so don’t delay!

How Much Can Someone Sue for a Car Accident? | Lawyers for Car Accidents

Questions this article can help to answer: How much can someone sue for in a car accident? | What is your accident claim worth? | What is the difference between economic damages and non-economic damages? | How much does it cost to sue someone? | Why is my car accident settlement taking so long? | How long does a car accident settlement take? 

Despite safe driving campaigns and the introduction of new safety features, car accidents still occur at an alarming rate. These accidents can vary quite a bit. Some cause little to no injury, while others can lead to life altering injuries. Regardless of the extent of your injuries, you may wonder: “how much money can I sue for in a car accident?” 

We understand. You deserve to be compensated for losses you suffered after an accident. Until you speak to an experienced car accidents attorney, there is no “simple” answer. An accident attorney will listen to the factual narrative, then be able to piece together an estimation of the monetary potential in your case. 

How Much Can Someone Sue for in a Car Accident? 

There really is no limit to how much money you can recover in an auto accident lawsuit. However, that doesn’t mean that you will get as much as you ask. In all accident lawsuits, to secure compensation, you have to be able to prove your damages. If you cannot introduce evidence that supports your argument, you will not get the compensation you seek. 

Proving damages in a car accident case can be difficult, which is why injury victims turn to experienced car accident attorneys for help. Skilled traffic accident lawyers know how to identify all the damages, and also how to assess their true value. Then, to prove those damages, they take steps to gather sufficient evidence. 

Typical Car Accident Settlement Amounts

Car accident settlement amounts depend on many other factors: 

  • What area of the country you are located in  
  • The insurance policies involved and their coverage limits 
  • The assets of the person responsible for your accident 

What is Your Claim Worth? 

The value of your auto accident claim derives from your damages. Most car accident injury victims have both economic and non-economic damages that make up the value of their accident claim.  

Assessing Economic Vs. Non-Economic Damages

What Are Examples of Economic Damages?

Economic damages include: 

  • Lost wages and income 
  • Medical bills and expenses 
  • Property damage 

Economic damages are worth their face value. They are also relatively easy to establish with documentation such as estimates, bills, and receipts. 

What Are Non-Economic Damages?

On the other hand, non-economic damages are quite subjective, don’t have a face value, and lack much evidence other than possible witness testimony. Their value is typically based on the value of your economic damages in some way, such as using a multiplier related to the severity of the injuries suffered. 

What Are Examples of Non-Economic Damages?

Non-economic damages include: 

  • Pain and suffering 
  • Loss of enjoyment of life 
  • Loss of consortium 
  • Scarring and disfigurement  
  • Humiliation 
  • Mental anguish 

How Much Does it Cost to Sue Someone? 

Nothing. 

Zilch. 

Zero. 

NO OUT OF POCKET COSTS. 

That’s right. Experienced car accident attorneys typically work on contingency. What does that mean? That means that you only pay them if, and when, you win compensation in the case. They’ll take a percentage cut of the total compensation, anywhere from 25 to 40 percent, usually. This makes legal assistance extremely accessible in a car accident dispute. You don’t have to pay anything unless you win. And even when you do win, you only pay out of the money that your car accidents attorney has won for you. Really, it’s a win-win situation. 

Why Is My Car Accident Settlement Taking So Long?

Unfortunately, it can be tricky to determine precisely how long a car accident settlement will take to resolve. The person who can best answer this question is your own attorney, as they will know all the details of your case.  

How Long Does a Car Accident Settlement Take? 

Even the simplest of car accident cases can be expected to take several weeks or even months. Complex cases, such as those with multiple at fault parties, victims, or catastrophic injuries, can take a year, or more. That being said, in cases where fault is abundantly clear, a settlement can happen rather quickly. To expedite this process, contact an attorney as soon as you can after realizing you have sustained injuries in a car accident. Being cooperative with your attorney will help speed it along, too.  

Are You Ready to Talk to an Experienced Car Accident Lawyer About Your Claim? 

If you have questions about a potential car accident claim or are ready to secure legal help, call 1-800-THE-LAW2 or complete the form below. Consultation is free, and you’ll get connected to a qualified attorney near you in 10 minutes or less. Don’t delay! Get the help you need. 

How to Choose the Right Accident Lawyer for Your Claim | Accident Attorneys Near You

Being in a car accident can make you feel like your life is in a tailspin, but when you hire an experienced car accident lawyer, you’ll have an advocate and guide through these difficult times. It can, in turn, make the situation much easier to manage. You might have lingering pain and need to seek continued medical care. You might not be sure how to take care of all of your bills, get your car fixed, and all the logistics that come in the aftermath of the motor vehicle collision. It’s easy to get overwhelmed. But how do you choose the “right” lawyer?  Let’s take a peek. 

What Does a Car Accident Lawyer Do? 

A knowledgeable car accident lawyer has a variety of responsibilities, and their skillset empowers your claim in a number of different ways. Their main responsibility, however, shift the burden off your shoulders and to secure a win, and in doing so, maximize your compensation

Car accident lawyers can do the following: 

  • Explain your legal rights and options and provide legal advice in plain language so you can understand 
  • Determine the value of your case 
  • Develop a persuasive legal argument and present it to the other side 
  • Gather and preserve evidence to support your claim 
  • Identify every liable party 
  • Discover ALL available sources of compensation 
  • Ensure that your case is in-sync with procedural requirements 
  • Keep your case moving in a timely manner 
  • Negotiate full and fair settlements 
  • Pursue trial litigation if a settlement can’t be reached 

How Do I Find the Right Car Accident Lawyer? 

Finding the right car accident lawyer begins with searching for lawyers in your area that might be a good fit. This can be extremely difficult, however – many lawyers pay the same marketing companies to setup their websites, and it’s not clear how to differentiate between lawyer services, experience, and advantages. 

As an individual who isn’t intimately familiar with lawyering, and how to choose a lawyer, it can feel like an arbitrary, random process to choose the right lawyer by simply exploring your local options. 

We offer a great alternative. Instead of worrying about which lawyer fits your case, we do the legwork for you. Our lawyers are experienced car accident attorneys who have signed up to take on clients through our platform. They are ready and able to take on cases like yours. When you call in or complete our online form, we connect you to an experienced, skilled local attorney – you don’t have to worry about how to choose. 

What to Look for When Hiring a Car Accident Lawyer 

That being said, even after you’re connected with an attorney, you may still want to determine whether they’re the right one to move forward with. Finding the best accident lawyer for your case really requires that you know what to look for.  So here’s a few aspects to consider: 

Reputation

Were they recommended to you by someone you know? Have they been peer-reviewed? Do they have a proven track record? Are they in good standing with your state’s bar association? Have they ever been disciplined by the bar, and if so, why? 

Practice Experience

How long has the attorney been practicing personal injury law, or more specifically, representing car accident clients? Do they only focus on personal injury or car accident claims, or do they dabble in other areas of the law, too, such as criminal, family, or estate law? How many car accident clients do they represent each year? Have they handled similar cases to yours? The more time they have spent focused on personal injury law, especially in car accidents, the better.  

Fee Arrangements

Will they charge a contingency fee or an hourly rate? How much will they charge for legal services? Most personal injury attorneys work under contingency fee arrangements, meaning you pay nothing unless or until they obtain compensation in your case. 

Communication Style and Personality

Do you feel comfortable speaking with them? How do they communicate with clients—phone, email, text? How quickly do they generally get back to clients? Do they have the time to personally handle your case now? Can you see yourself working with them for at least several months or not a year or more? Do you feel understood by them? Do they seem particularly rushed? 

Strategy

What do they see as the best strategy in your case? What do they believe are the strengths and weaknesses in your case? Do they have the professional connections and resources to manage your case? 

Characteristics of an Excellent Car Accident Attorney 

It’s also crucial to look for people-skills in a car accident lawyer. Some may be more important to you than others, but in general, an excellent car accident attorney will

  • Be compassionate and seem genuinely concerned about your situation 
  • Be patient in negotiations 
  • Be easily understood as they are an excellent communicator 
  • Be passionate and driven to obtain financial compensation for your claim 
  • Have extensive knowledge of personal injury law 
  • Have a successful professional record 
  • Provide clear guidance 
  • Be willing to build relationships with clients 
  • Work to understand your goals for your case 
  • Upon their legal advice, allow you to decide whether to settle your claim or proceed to trial 

You may not be able to observe all of these qualities when meeting with them. However, looking at Google reviews or reviews on their website or social media can help you get a feel for the type of attorney they are and could be for you. 

Are You Looking for the Best Car Accident Attorney? 

If you are looking for the best auto accident attorney to help with your claim, look no further – you’ve come to the right place. Call us at 1-800-THE-LAW2 or complete the form below.  We’ll get you connected to a reputable car accident attorney in just 10 minutes or less. Consultation is free, so don’t delay! Get your claim started today so you can get the compensation you deserve for your car accident

Should I Wait to Call a Lawyer for Car Accidents? | Auto Accident Attorney

If you suffered harm due to the negligence or carelessness of another driver, you may wonder: “should I contact a lawyer after a car accident?” The answer is an unequivocal yes. 

Motor vehicle accidents continue to plague the United States, many experts consider it a full-blown public health crisis. Recent data shows that over 46,000 individuals lose their lives every year in motor vehicle accidents in the US alone. In addition, more than 4.4 million are injured seriously enough that they need emergency medical attention. Also, the overall economic impact of road crashes comes at a $871 billion cost, with more than $380 million in direct medical costs

If you have injuries from a motor vehicle accident, you are not alone. Many, many others have gone through the same issues, or are currently navigating similar circumstances. 

Should I Contact a Lawyer After a Car Accident?  

You should absolutely contact a lawyer after a car accident, if even for a simple case evaluation. It is the most important thing you can do, and it comes at no out of pocket cost, or commitment. 

See, most car accident attorneys offer free initial consultations. During this consultation, they will assess the accident, and your injuries, to determine whether you have a valid accident claim. They’ll also provide some helpful guidance on next steps. If you feel that they are a “good fit,” you can move forward with them, then agree to have them represent you in litigation

Either way, you have nothing to lose by reaching out to schedule a consultation to discuss your situation. 

When Should You Contact a Lawyer After a Car Accident?   

You should call a lawyer as soon as possible after a car accident. In fact, they should be one of your first phone calls. Here are a few reasons why: 

Statute of Limitations

Every state has a personal injury statute of limitations. This is a deadline that mandates how long you have to file a personal injury lawsuit after a car accident. In some states, it is as short as a year or two. It can be even shorter if your injury claim is against a government entity. Keep in mind that your auto accident attorney will need time to work on your legal case before they can file a personal injury lawsuit. Therefore, the sooner you contact them, the better. They will know what statute of limitations apply to your accident case to keep it moving in a timely manner.  

Maximizing Claim Value

What are 4 insurance company tricks that get car accident victims to settle for less?

Car accident insurance adjustors have a habit of reaching out to injured claimants shortly after they file a legal claim. This is no mistake; they want to talk to them about a settlement while the getting is good. At this stage, most injured parties haven’t yet contacted a lawyer for car accidents to find out what their claim is really worth. When they receive a call from an insurance adjuster already offering a settlement, they might be happy to receive it so quickly. They might accept the settlement offer, not yet knowing their personal injury claim might be worth much more. The sooner you contact a personal injury lawyer, the sooner you will know the actual value of your accident claim and not fall for lowball settlement offers

Protecting You From Insurance Company Tactics

Insurance companies use many tactics to avoid paying claims or the full value of the claims they receive. When you speak directly with them, you leave yourself open to more of their tactics. For example, they might twist what you say. If they call you and ask how you are doing today, you might answer, “Fine.” This doesn’t mean you are healed from your injuries and living your life as usual; it just means you are fine. However, they will use something as simple as that to their advantage, arguing that you must not have significant injuries or that you are already healed since you said you were fine. Insurance adjustors might also ask for recorded statements that they can use against you. You have the right to refuse to give such a statement. When you hire a car accident attorney, you no longer need to have direct contact with the insurance company. If the insurance company needs to speak to you, your lawyer will be present to protect your rights.  

How Much Does a Car Accident Lawyer Cost? 

How much does a car accident attorney cost out of pocket?

Most lawyers for car accidents work on contingency, which means that they don’t get paid until and unless they obtain compensation on your behalf. Simply put: they only get paid if you do. 

If and when they reach a settlement or receive a court award on your behalf, they take a percentage cut of the winnings. This can vary from 25 to 40 percent, depending on a number of different factors. 

In the vast majority of cases, victims obtain significantly more compensation than they would if they handed their cases themselves. Hiring a lawyer for car accidents is a good investment, and it’s a “free” investment, too. 

Find the Best Car Accident Lawyer Near You

If you need to find the best car accident lawyer near you, you have come to the right place. Simply call us at 1-800-THE-LAW2 or complete our form to get connected to a licensed attorney in your area in just 10 minutes or less. Consultation is free, so don’t delay! 

Ready to Call a Car Accident Lawyer? Here Are 4 Things to Look For | Car Accident Attorneys

Car accidents are among the most common types of personal injury claims, that’s fairly unsurprising to most people. After all, even minor car accidents can leave victims with serious injuries and expenses. 

Thankfully, the law entitles car accident victims to pursue compensation. That being said, you don’t want to move forward alone. It is important to work with an experienced attorney, they can help you navigate the complex, and often confusing, legal process.

When Should I Call a Lawyer After a Car Accident?

One of the most important things you can do after being involved in a car accident is to call an experienced car accident attorney as soon as possible. The sooner you secure legal representation, the more likely it is that your right to compensation will be protected.  Aside from receiving any necessary medical care, your next priority should be to meet with an attorney to discuss your case. But how do you find a good lawyer?

What to Look for in a Car Accident Lawyer

Finding the right car accident lawyer for your claim can sound stressful. However, this crucial task can generally be approached like hiring any other professional. Here are four things to look for when hiring a car accident attorney

What Are the Qualities of the Best Car Accident Lawyer?

Experience in the Type of Law You Need Help With

Is the attorney experienced? What type of law are they experienced in? You need a personal injury lawyer if you have been in a car accident. Finding an attorney near you who was great at getting your friend through a divorce or helping your parents plan their estate isn’t likely going to help your car accident claim much. While they may be effective, professional attorneys, they aren’t experienced in the type of law you need help with. Make sure you hire someone who has experience representing car accident victims.  

Litigation Experience

You will want to hire an attorney who also has litigation experience, one who isn’t afraid to take your claim to trial if it becomes necessary. Plenty of law firms are simply settlement mills, taking on every case they can, knowing they will settle it and move on to the next client. You want a lawyer who is committed to doing what is best for you. In some cases, doing what is best means refusing to settle and instead going to trial.  

Proven Track Record

Does the attorney have a proven track record of obtaining compensation for their clients—either through a negotiated settlement or a court award? While past results are no promise of their future performance, they can give some insight into how your case might end. For example, you want to hire a car accident lawyer with experience getting car accident victims what they deserve for their damages.

Good Communication

There are many outstanding lawyers out there; however, some are severely lacking in the communication department. They forget that they are representing real people with real issues and injuries. Clients call or email to ask for updates; they simply don’t respond or take weeks to respond. No one wants to be ignored during this stressful time of life. You deserve an attorney who will address your questions and concerns in a timely manner. When you meet with a potential attorney, ask them how they handle client communication. Will you be able to speak directly with them? Or will you speak with a receptionist or a paralegal? 

Good Standing and Reputation

It’s also essential to ensure that the attorney you want to hire has a good standing and positive reputation. You can check your local state bar organization to ensure their license hasn’t been suspended and they aren’t facing any type of disciplinary action from the state bar. You can also check with other reputable organizations and their peers to determine the attorney’s reputation. Online reviews from previous clients are also a good resource. If necessary, ask the attorney for recommendations. If they want your business, they should be willing to show you their reviews and why you should hire them.  

Is It Worth Getting a Car Accident Lawyer?

Far too many injured car accident victims shy away from seeking legal help. They think they can do it themselves, that car accident lawyer fees are too high, that they don’t have the money to pay for them upfront, or that having legal representation for a car accident doesn’t make any difference. However, legal representation can make a substantial difference in your claim.  

Even better, most offer free consultations. So, you can meet with them, then find out if you have a valid claim. Most car accident attorneys work on contingency fees only if you decide to hire them. This means you don’t pay them anything to get your case started or during the duration of your case. Once your case is over, they get paid out of any monies they obtain on your behalf. If they don’t obtain any, you don’t owe them anything. Many car accident victims receive more compensation with a lawyer than they would without one, even after the attorney has taken out their fees and services. 

Ready to Call a Car Accident Lawyer?

Are you ready to call a car accident lawyer? 

We make it easy for you. Simply call 1-800-THE-LAW2 or fill out our convenient online form. You’ll be connected to a qualified lawyer within 10 minutes.  During this free consultation, you can discuss your car accident claim, and our lawyer will answer any questions you might have.

How an Attorney Can Protect Your Rights After a Motorcycle Accident | Motorcycle Accident Lawyer

Motorcycle accidents are unfortunately common. Over 83,000 motorcycle accident injuries occurred in 2020, involving some of the more than 8.3 million registered motorcycles across the U.S. That same year, per 100,000 registered motorcycles, the injury rate was 992, with an injury rate of nearly 500 per 100 million miles traveled. 

Motorcyclists who suffer injuries in an accident have rights and deserve compensation for their damages. Unfortunately, they often aren’t aware of these rights until it’s too late, which can impact how much compensation they receive. The best way to become informed, and to protect your rights if you have been injured in an accident, is to hire an experienced motorcycle accident attorney. Let’s explore how they can help.

What Type of Lawyer Handles Motorcycle Accidents? 

Personal injury lawyers, especially those who work with motor vehicle accident claims, typically handle motorcycle accidents, too. It’s usually best to hire an attorney who specializes in this area and has extensive prior experience handling motorcycle accident claims.  

How Do You Respond to a Motorcycle Accident? 

At the scene of the accident, it’s best not to apologize or even interact more than necessary with the other parties. If you need to go by ambulance to the hospital with paramedics, do so. Otherwise, speak with the responding law enforcement officers about what happened and not the other parties involved. What you say, even an innocent apology can come back to harm your injury claim down the road.  

What to Do After a Motorcycle Accident

The best way to respond to a motorcycle accident is to seek medical care right away and the services of a qualified motorcycle accident attorney as quickly as possible. By getting medical care, you are taking care of your health and helping to secure your rights to full and fair compensation. Be sure to listen to your doctor’s advice and follow them carefully.  

Once you are medically stable and able to do so, reach out to a seasoned motorcycle accident lawyer for help. They can review the circumstances of the accident and your injuries to help you with the appropriate next steps and provide you with an estimate of your damages.

What Can I Do to Protect My Rights After a Motorcycle Accident?

The single most effective way to protect your rights after a motorcycle accident is to secure the representation of a skilled motorcycle accident lawyer. You can rely on them in many ways to protect your rights after an accident.

What Does a Motorcycle Accident Lawyer Do?

Motorcycle accident lawyers can: 

Handle Communications with the Adjuster and Insurance Company

One of the ways a lawyer for motorcycle accidents can help is by taking over communications with the adjuster and insurance company on your behalf. This protects you from saying anything that could potentially harm your accident claim or decrease its value. If you must speak to the insurance company or their adjuster, your motorcycle injury lawyer can be present with you protecting your interests. 

Collect and Preserve Evidence in Your Motorcycle Accident Claim

Without valuable evidence in support of your bike accident and injuries, you could lose your rights to compensation. A well-versed motorcycle accident attorney knows what evidence to collect to support your auto accident claim for compensation and how to best preserve it, which will also preserve your legal rights.  

Ensure Your Auto Accident Case is Filed Within the Statute of Limitations

Ensure your auto accident case is filed within the applicable statute of limitations. Suppose your motorcycle accident claim does not settle out of civil court. In that case, your personal injury lawsuit must be filed by a date outlined in your state’s statute of limitations. This is generally between one and four years after the date of your bike accident. If your case isn’t filed within the deadline, you may lose the right to pursue accident compensation. Sometimes, deadlines can vary depending on the specifics of your accident case. One example of this is when there is involvement from a government entity. Having a well versed motorcycle accident injury lawyer on your side is imperative, it ensures you don’t miss crucial deadlines.  

Help You Get the Medical Care You Need After a Motorcycle Accident

Help you get the medical care you need. Your lawyer can ensure that you seek the right medical care from licensed medical professionals whose opinions will help support your claim.  

Negotiate an Auto Accident Settlement With the Insurance Company

Negotiate an auto accident settlement with the insurance company knowing your claim’s value. If you were to handle this alone, you might end up settling for much less than what you deserve based on your damages. Your attorney will fight for the value of your claim and is skilled in pointing out the strengths in your case and the weaknesses in the insurance company’s case.  

Warn You About the Dangers of Social Media Use During a Personal Injury Case

Unfortunately, too many accident victims don’t realize how their social media accounts can negatively impact their claims. Insurance companies will track down an injured victim’s social media account. They, in turn, will use anything they can find to deny or devalue their claim. For instance, you post Instagram pictures of you at a friend’s wedding reception months after your accident. They could construe this to mean you are feeling fine, and that you do not still suffer from your injuries. Even though, in reality, you went on crutches and enjoyed the entire night sitting in a chair.  

The best motorcycle accident lawyer will know exactly how to protect your legal rights and interest. They do this, so that you can receive maximum auto accident compensation for your injuries.  

Speak with a Motorcycle Accident Lawyer Today 

Call 1-800-THE-LAW2 or complete our simple online form, if you are ready to speak with a motorcycle accident lawyer. Within 10 minutes, get connected to a qualified local attorney. They will discuss your claim and provide guidance on next steps. The consultation is free and no-obligation, so don’t delay! 

Choosing the Best Car Accident Attorney for You

How do you choose the best car accident attorney for you? 

You probably don’t have to look far to find personal injury lawyers near you. Maybe you’ve seen their ads on television, social media, buses, or billboards. But now, it actually matters. You have injuries from a car accident, and you want to hire a lawyer. You might be tempted to call, and hire the first attorney that comes to mind.  

That being said, you should make sure to choose the “best” car accident attorney for you. Remember that the right attorney for your friend or family member may not be the right one for you. Everyone has different needs and communication styles. 

Why You Need a Car Accident Attorney 

First, consider why you need a lawyer in the first place. You may not even realize all the benefits of having one, but learning what they can do for you can help narrow your search. A car accident attorney can: 

  • Manage your car accident claim 
  • Handle communications with the insurance company and their legal team 
  • Collect necessary evidence  
  • Investigate the accident 
  • Determine who is liable for the accident 
  • Negotiate a settlement 
  • File a lawsuit if necessary and litigate the case 
  • Provide guidance and support throughout the entire legal process 

Technically, you don’t HAVE to hire a lawyer to file a car accident claim. However, courts do highly discourage going without an attorney, and for good reason. 

Attorneys know the law and all the procedures, and they know how to push for maximum compensation. Car accident attorneys also typically work on contingency: they only get paid when you do.  So it’s absolutely in your best interest to have legal representation. 

Understanding what a lawyer can do for you can help you know what qualities to look for when hiring one. Since it’s best to have a seasoned car accident lawyer on your side sooner rather than later, start your search as soon as possible after your accident. It’s also a good idea to refrain from speaking with the insurance company until you have an attorney on your side. 

How to Choose the Best Car Accident Attorney 

Choosing the best attorney for your car accident means choosing someone that’s a good fit for you and someone who possesses certain qualities and characteristics.

What are the qualities of the best car accident lawyer? 

Experience  

Good accidents lawyers will have several years of experience in car accident cases, such as those involving: 

In fact, it’s best to choose an attorney whose area of focus is that of motor vehicle accidents. In general, the more focused a lawyer’s practice is, the better the chances of you obtaining the full and fair value of your accident claim. 

Fees 

Speak to your potential attorney about their fee structure. Most car accident attorneys provide free initial consultations, even if you decide not to use their services. In addition, many accident attorneys work only for contingency fees.

How Much Does a Car Accident Lawyer Cost Out of Pocket?

A contingency fee arrangement means you pay them nothing upfront and nothing until they win your car accident case. You owe them nothing if they don’t settle your case or win your lawsuit in court

What Percentage Do Most Injury Lawyers Take?

When and if they do recover money for your car accident damages, they receive payment from those funds. The amount they receive is usually determined by a percentage of the total recovery and is agreed upon when you hire them. Even after paying their fees, it’s worth getting a car accident attorney as nearly all accident victims will receive more compensation with an attorney on their side. 

Communication 

Do you feel like the attorney understands you? And, do you have a good report? How do they handle your questions and concerns along the way? Do you feel at ease talking to them? It’s crucial to feel comfortable talking to the attorney you hire and how they want you to communicate with them going forward. While your ultimate goal is financial compensation for your damages, you should feel supported and at ease during the process. 

Peer Respect and Reputation 

Do your research to determine how others in the legal community view your potential attorney, such as judges, past clients, and other lawyers. How are their online reviews? Have they been disciplined by or reported to the state bar? What professional recognitions or awards have they received?  

A Professional Office 

When you visit the prospective attorney’s office, is it professional? Are the staff courteous and friendly? Is it clean and well-kept? Is it easily accessible? You will likely be in the office several times throughout the course of your case and interacting with the office staff, so this is a crucial part of your decision. Unfortunately, not all car accident lawyers have a professional office. 

Find the Best Auto Accident Attorney Today

If you’re ready to get started choosing the best car accident attorney for your case, call 1-800-THE-LAW2 or complete our contact form. You’ll be connected to reputable attorney in your area within 10 minutes.  During the free consultation, you’ll learn more about the possibilities for your case, as well as next steps.

How a Lawyer Can Maximize Your Truck Accident Settlement

You deserve full and fair compensation for your injuries. The best way to receive this is to hire an experienced attorney who can maximize your truck accident settlement. You can get the most out of your settlement with the expertise and guidance of a legal team who knows what it takes to represent victims such as yourself and win. 

According to information from the National Highway Traffic Safety Administration (NHTSA), in 2021, deaths linked to motor vehicle accidents involving at least one large truck increased by 13 percent compared to the previous year. Overall, traffic fatalities increased by 10.5 percent. Tens of thousands more victims also suffered injuries in these crashes, leaving them with heavy physical, financial, and emotional burdens.  

While receiving money in a truck accident claim doesn’t undo the damages that have already been done, it can help you pay your bills and expenses, and alleviate some of the stress you face.  

Here’s how an attorney can help maximize your settlement.  

Understanding Your Claim’s Value 

Insurance companies delight in injury claimants who don’t have legal representation in part because they know they can typically get them to settle for much less than their claim is actually worth. Often, these injured victims are happy to receive any settlement, especially if it’s an early one. 

Suppose they haven’t yet taken the time to speak to an attorney about the details of their accident and injuries. In that case, they may accept a low settlement leaving a lot of money on the table that could have helped them recover from their accident.  

However, experienced truck accident attorneys know how much your claim is really worth and that you deserve much more than the minimum truck settlement. They are familiar with other cases like yours within your region and how much those cases have received in settlements or court awards. Your attorney will help you understand your claim’s value and do all they can to fight for you to receive it. It’s best to meet with a truck accident attorney as soon as possible after your accident. 

Protection from the Insurance Company 

Truck accident attorneys can also maximize your truck accident settlement by protecting you from the insurance company’s tactics to devalue or deny your claim. Not only do insurance companies often attempt to get claimants to settle before they know the value of their claim, but they also use several other strategies such as: 

  • Asking for a recorded statement and then twisting your words or asking leading questions about the accident or your injuries 
  • Acting like your friend, seeming genuinely concerned 
  • Telling you that they will take care of you, so you don’t need to hire an attorney 
  • Asking for copies of pre-accident medical records to try to blame your accident damages on old injuries 
  • Going through your social media accounts for evidence to use against you 

Once you hire a truck accident lawyer, you no longer have to interact with the insurance company directly. Instead, your attorney will handle all communications with them. In the event that you have to talk to them – for example, at a deposition –  your attorney will be there to protect your rights and guide you.  

Accident Investigation 

Your attorney will know how to investigate your accident thoroughly. This is imperative as you must pursue a claim against the appropriate party or parties to receive maximum compensation. 

If you pursue one against the wrong party, someone who isn’t liable for your damages, you won’t receive compensation. Additionally, there are often multiple parties at-fault for a truck accident. By pursuing a claim against all liable parties, you can potentially increase your compensation. For example, in a truck accident, the following parties could be responsible for your injuries: 

  • The truck driver 
  • The trucking company 
  • The truck or truck part’s manufacturer 
  • The company responsible for loading the cargo 
  • Other drivers 
  • Government agencies 

Including All Damages  

Your truck accident lawyer will also be familiar with all of your potential damages from the accident. Including all of your damages in your claim will help maximize the amount you receive. In general, truck accident victims can claim damages for both economic (special) and non-economic (general) damages. 

These include: 

  • Medical expenses such as ambulance, emergency, hospital, and doctor bills, prescriptions, and surgeries 
  • Medical equipment such as home oxygen, wheelchairs, or crutches 
  • Home modifications 
  • Therapies 
  • Lost wages and income 
  • Property damage 
  • Pain and suffering 
  • Scarring and disfigurement 
  • Mental anguish 
  • Loss of enjoyment of life 
  • Loss of consortium 

Your lawyer will consider all of your damages when negotiating your settlement. There is no average settlement for commercial vehicle accidents or average payout for 18-wheeler accidents. Every case is unique, with its own details and various factors that can impact claim value. However,  your attorney can provide you with an estimate of how much your case could be worth at your initial meeting and as your case progresses.  

Settlement negotiations can take just a few weeks in simple cases where fault is apparent. On the other hand, more complicated cases, like those involving commercial trucks, can take several months or more. While it can be difficult to wait for your settlement, it’s best to be patient and let your lawyer go to work on your behalf, doing what they do best.  

Hire a Truck Accident Attorney Today 

With a seasoned truck accident attorney on your side, you can rest assured that your claim will reach its greatest potential, helping you recover physically, financially, and emotionally from an accident. 

You can connect with a lawyer today by calling 1-800-THE-LAW2 or completing our easy online form. In 10 minutes or less, you’ll be connected to a skilled attorney to discuss your questions and concerns and help you get your claim started.

Title Jumping | What Happens If You Get Into an Accident and the Car Has a Jumped Title?

Getting in a car accident is not a particularly good situation to be in, but things can get worse still. For example, if the vehicle has a jumped title, the accident dynamic can become even more stressful. And, it is more complex. To help you determine your best next steps, let’s explore this type of title fraud and its risks and consequences. And, of course, your legal options.

What Is Title Jumping?

A car title is a legal document designating vehicle ownership. It includes the Vehicle Identification Number (VIN), the make and model year, date of issue, body style, fuel type, owner name and address, and lien information, among other pertinent details. 

If a person buys a vehicle without putting it in their name and then sells it, it is known as title jumping. This illegal act is also referred to as title skipping or floating. When there is a jumped title issue, the new buyer cannot register the car in their name with the DMV, and the individual becomes subject to related problems, such as unpaid fees and missing signatures.  

Car buyers title-jump for several reasons, the most common of which include:  

  • Selling multiple vehicles per year but not wishing to register with the state as a licensed dealer due to the expenses involved.  
  • Refusing to pay taxes and fees, such as registration fees, sales taxes, and titling fees, before reselling a vehicle.  
  • Not wanting to inform the new buyer about serious issues with the vehicle, such as flood damage, a failing transmission, or continual engine problems.  
  • Selling salvaged vehicles with no titles, maintenance histories, and other essential documents.

“Shady” or unscrupulous car dealership employees can also engage in this practice. However, victims of title jumping typically purchase vehicles via third-party sellers, such as private sellers or through online means. Facebook Marketplace and craigslist are two forums for local vehicle sales that can result in title floating issues.

Is Title Floating a Felony?

Title jumping is considered a felony in most states, including Iowa where it is unlawful for a manufacturer, dealer, importer, or any other vehicle seller to “sell or dispose of” a vehicle without the proper title and other registration information. Some states, such as California, use forms called Release of Liability. Sellers complete this form as part of the selling process, which includes furnishing information about their buyers. If this form is not submitted to the appropriate DMV branch, the state will suspect title fraud. This is because the California Department of Motor Vehicles does not consider a car or truck transferred out of the seller’s name unless this form is submitted. 

Was the title of your car jumped? Call 1-800-THE-LAW2 to find an attorney who can help your situation today.

Can I Sue Someone for Title Jumping?

It is possible to take legal action against someone who sold you a vehicle without the proper title, but it can be difficult. The seller might have provided a fake name, deleted their listing on craigslist or Facebook Marketplace, or left the state, making it challenging to locate the individual and serve them. If you purchased the vehicle from a car dealership, you can file a legal claim against the company.  

How to Fix Title Jumping and What to Do

Should you decide to take legal action, contact an attorney with experience in title fraud. The lawyer will assist you throughout the legal process and answer any questions you have. Typical actions include filing a police report detailing the time, location, and date of the purchase. Any conversations with the seller should be included. You will also want to capture images of your vehicle, make copies of paperwork connected to the sale, and call your local DMV. The department may be able to provide assistance regarding a new title. Such titles are known as bonded titles.

Bonded Titles

What Is a Bonded Title?

Bonded titles are furnished by surety companies. They remain bonded for a set period, and come with a risk.

Risk of Bonded Title

During this time, the previous seller can claim the bond, and therefore reveal themselves as the title owner. Whether the seller of the vehicle does or does not claim the bond, you must wait for the specified time before applying for a clean title. Clean titles indicate that the applicable insurance companies do not consider the vehicles “total losses.”

Some states do not accept bonded titles, including Pennsylvania, Kentucky, Delaware, New Jersey, Maryland, North Dakota, South Carolina, and Oregon.

What is the Penalty For a Jumped Title?

The penalty for title jumping depends on the state, but it typically includes imprisonment and fines.

  • Title jumping in Texas: If a vehicle seller engages in title skipping in Texas, but does not transfer a vehicle title to a new owner within 30 days of the sale, this individual pays a fine of up to $4,000. There are no fee waivers, with the seller also facing up to two years’ imprisonment.
  • Title jumping in California: In California, the seller must pay a $1,000 fine and spend one year in jail. 
  • Title jumping in Missouri: Other states, such as Missouri, do not issue title penalties until 60 days after the date of sale.

Is it Possible to Sell a Car Without a Title in My Name?

You may wonder – Can I sell a car without a title in my name? While selling a car with no title is regarded as a felony in most states, there are loopholes. For example, if a vehicle was abandoned on your property or you purchased the property featuring such a vehicle, it is technically yours. To avoid title fraud issues, you must provide the local DMV with the VIN number to contact the previous owner. If the owner cannot be located or does not take responsibility for their vehicle, you are legally allowed to procure a title.  

What to Do If You Are a Victim of Title Jumping

If you have been a victim of title jumping, contact an attorney as soon as possible to discuss your situation. Speak to a lawyer near you by calling 1-800-THE-LAW2. Consultation is free and confidential, so get started today!

What to Bring to Your Free Consultation With a Car Accident Lawyer | 1-800-THE-LAW2

This article covers what to bring to and how to prepare for a car accident lawyer free consultation.

If you have injuries from a car accident, chances are you’re feeling a bit confused, and possibly overwhelmed by the situation. After all, a serious collision can cause injuries that are not only going to impact your day-to-day life, but that also have an impact on your ability to earn an income. To top it off, navigating through insurance hurdles, paperwork organization, and possible settlement negotiations can be a lot for someone trying to heal and recover after an accident. 

An attorney can help you move forward. They can advocate on your behalf, do all the “dirty work,” and let you focus on your own healing. Ready to get connected?  Call 1-800-THE-LAW2 for a free consultation with an experienced car accident lawyer

This article can help you to answer these questions:

What Should I Expect at a Free Consultation With an Accident Lawyer? 

The initial attorney consultation can either be in person or over the phone. We find that phone consultations can be an excellent starting point, as it lets you familiarize yourself with how the attorney is likely to communicate with you over the course of representation. After all, much of the communication will occur over a distance. So, seeing how well your accident lawyer communicates over-the-phone is crucial. 

What Is Included in a Free Consultation With a Lawyer?

During the consultation, the attorney will listen to your story and will ask lots of clarifying questions. Provide all the necessary details to fully explain the incident. After hearing your story and asking questions, the attorney will evaluate your claim and let you know if they will be able to assist you.  They may even provide a projected estimate of how much the case is worth. Attorneys are not superheroes. If they promise you all sorts of guarantees, that often means they are not reputable.

Are Lawyer Consultations Confidential?

Consultations are fully confidential, so nothing you say in the meeting will leave the conversation. You can and should be completely honest.

What Questions Should I Ask at a Free Consultation With a Car Accident Lawyer? 

A free consultation provides you with an opportunity to interview a potential lawyer, too. Ask lots of questions, you want to feel comfortable with your choice. Following is a list of examples of questions to ask the accident attorney during your free initial legal consultation.

Some Questions to Ask a Potential Car Accident Attorney 

  • Do you specialize in car accidents?  What do you specialize in? 
  • How long have you been an attorney?  
  • Where did you study? 
  • How many cases like mine have you handled? 
  • What are the results you’ve had with similar cases? 
  • How long will it take to resolve my case? 
  • How much could I recover in compensation? 
  • What is your contingency fee arrangement like? 

Be prepared and ready with a list of questions you would like to ask a prospective lawyer. Once you have answers, you can evaluate if this attorney is the right fit for you and your specific situation.  

What Should I Bring With Me to a Free Car Accident Consultation? 

It’s important to be prepared, meaning: know what to bring and have all pertinent documents and information an attorney will need to begin working on your case. If you aren’t prepared and need to know what to do to help your case, that’s okay too. Your attorney will let you know what they need after the consultation. 

If you can get the documentation you need beforehand, it makes the consultation more detailed and more useful.

What Should I Take to a Lawyer?

If you can, here is a list of the documentation and items that you should bring with you to a free consultation: 

  • Identification such as driver’s license and social security card.  
  • Insurance information including your insurance card, agent contact information, insurance policy, and any documentation you have received from your insurance company.  
  • A police report from the scene of the accident is necessary as it may help the attorney identify who was at fault for the accident. You should have been provided a copy of the report from the police, but if you were not given a copy, contact the police department that filed the report.  
  • Doctors’ bills, receipts, and reports will help the lawyer assess the extent of injury, damages, pain, and suffering caused by the accident.  
  • Other driver’s information, such as contact information, driver’s license, and insurance information. 
  • Witness statements and/or witness contact information is pertinent and will help to determine fault.  
  • Estimates or bills for vehicle repairs which will help the attorney assess the amount of property damage caused by the accident.  
  • Proof of wage loss, including a list of missed days or hours of work, and any relevant pay stubs or a W-2. 
  • Photos of the accident, of damage to vehicles, and of injuries will be helpful to assess the property damage and personal injury.  
  • Camera footage if available. Sometimes, people video at the scene of an accident, or security cameras may capture an incident.  
  • Written summary of what happened – take some time to jot down details of what you remember. 
  • List of pertinent questions for the attorney. 
  • Any emails or text messages relating to the accident. 

Possibly. Something to take notes with is on our list of top items to bring to your initial legal consultation. It is wise to take notes during your meeting, the attorney may offer free legal advice and recommendations. Being prepared with the correct documentation at your free consultation helps things go smoothly, and it sets your legal case up for success. Not only will the initial consultation alleviate the stress and anxiety involved in managing the aftermath of a car accident, but if you end up hiring the attorney you meet, you will be on your way to living your best life again, mentally, physically, and financially.  

Find a Car Accident Lawyer to Help Your Case

If you are the victim of a traumatic vehicle collision and have injuries or losses due to someone else’s negligence while driving, it is wise to seek the counsel of a caring, experienced car accident attorney.

Call 1-800-THE-LAW2 to connect to the best car accident lawyer for your caseConsultation is free and confidential, so don’t hesitate!

Pedestrian Jaywalking Accidents | I Was Hit As a Jaywalker, Can I Sue?

Listen up, jaywalkers: you DO have rights, and you MAY be able to sue the driver who hit you while crossing the street. The devil is in the details, and whether you can sue depends on a variety of factors. 

If you’d like to speak to an attorney about your case, call 1-800-THE-LAW2 for a free consultation with an experienced jaywalking accident attorney.  There’s no commitment required, so we do encourage you to get in touch. 

Explore the law surrounding pedestrian jaywalkers and motor vehicle accidents in detail below.

What is Jaywalking?

Jaywalking Meaning

The definition of jaywalking isn’t complicated, it means: crossing a roadway or street outside of a marked crosswalk or unmarked crosswalk. The space between two adjacent corner curbs at an intersection where a pedestrian crossing is not clearly indicated is generally considered an unmarked crosswalk.

Crossing mid-block, or beyond an intersection, outside of a crosswalk is considered jaywalking.

Is Jaywalking Illegal?

Jaywalking is illegal, as it is a violation of basic traffic law. 

Why Is Jaywalking a Crime?

Pedestrian jaywalkers forfeit the right-of-way to cars and other vehicles. Easier for courts to find you at fault for a collision or other traffic accident, the act of jay walking doesn’t necessarily prevent you from filing a lawsuit. It also does not prevent potentially obtaining compensation, however it does make the legal claim and/or filing a lawsuit slightly more complicated. If a car hits a pedestrian jaywalking, they should still contact a lawyer skilled in pedestrian accidents.

History of Jay-Walking Law in the Early 20th Century

Pedestrian laws as they relate to jay-walking were implemented by car companies in the mid-1900s, due to their incessant political lobbying. As a result, drivers could more freely use roadways in cities. While the United States of America became more car friendly during the Progressive Era reforms, it also became more anti-pedestrian.

Why is Jaywalking a Problem? 

Jaywalking accidents, like all other pedestrian accidents, are a problem, because the victim often suffers severe injury. Pedestrian jaywalkers do not have any protection from impact, compared to cars and trucks, which have materials to protect against impact. To minimize the risk of severe bodily injury, it is important that when possible, pedestrians walk at pedestrian cross walk and avoid jay walking. 

How Does Jaywalking Impact Your Personal Injury Lawsuit?

Jaywalking is likely to impact your personal injury lawsuit. It may include reducing your total compensation, but it won’t necessarily prevent you from obtaining compensation to cover your losses. 

How Do Personal Injury Lawsuits Work Regarding Jay Walking Accidents? 

By jaywalking, the pedestrian violated a traffic law.  As such, courts will almost certainly find them “negligent per se.”  The court will have to evaluate how much of the total fault for the accident should be allocated to the person walking, and how much should be allocated to the other parties involved. State laws vary quite a bit from there. 

Comparative Fault in the Case of Jay Walker Accidents

Pure Comparative Fault

Most states implement a principle called pure comparative fault. In other words, you are entitled to sue and obtain compensation even if you are found 99 percent at fault. Your total compensation would simply be reduced by the percentage fault allocated to you. 

Modified Comparative Fault

Many other states implement modified comparative fault. This type allows you to recover, but only if you were 50 percent at fault or less

Contributory Fault

Finally, a few states strictly adhere to the principle of contributory fault. In these states, you are unable to obtain any compensation if you are found to be even one percent at fault. 

Given the variety of state laws and the unique ways in which your circumstances can affect a court’s evaluation of fault, it’s critical that you consult with an attorney for guidance on your case. 

Contact an Experienced Attorney as Soon as Possible If You Were Involved in a Pedestrian Jaywalking Accident

Were you injured by a motor vehicle while crossing the street “illegally”?  If so, don’t hang your head just yet. In most states, the law entitles you to sue and obtain compensation, if you can show that were only partially at-fault for the accident. In many cases, jaywalkers deserve compensation for the losses they suffer.  After all, it’s a fairly innocuous and minor violation. Drivers should pay attention to the roadway at all times. 

Call 1-800-THE-LAW2 to connect to an experienced jaywalking accident attorney in just 10 minutes or less. Consultation is free, so don’t delay!  There’s no downside to discussing your case with one of our attorneys. 

Bicycle-Car Accidents | What to Do If You Are Hit by a Car on a Bike

Are you a cyclist who was injured in a bicycle-car collision? If so, then you may be entitled to sue for compensation! Laws vary from state-to-state, but as a general rule, negligent and reckless drivers can be held responsible for the damages they cause

Biking has grown in popularity in recent years and the United States has an overwhelmingly car oriented culture, so bicycle-car accidents are common. Unfortunately, cycling in the US is dangerous, especially in cities and towns where bike lanes are uncommon and drivers do not know how to share the road. According to Statista, “In 2020, the number of participants (aged six years and older) in bicycling amounted to approximately 52.73 million.” 

Call 1-800-THE-LAW2 today for a free consultation with a bike accident lawyer in your area.

Alarming Bicycle Accidents Statistics

Due to the lack of exterior, shock-absorbing material, cyclists are more vulnerable to severe and fatal injuries during a bike crash. The dangers of cycling in the US are supported by data from the CDC and the NHTSA. 

How Many Cyclists Died in 2020?

According to the National Highway Transportation Safety Administration (NHTSA), 738 bicyclists were killed in motor vehicle crashes in 2017 alone. That number continued to grow over the years, in fact, 938 bicyclists were killed in 2020

What Is the Number of Bicycle Deaths Per Year in the USA?

Reports from the Centers for Disease Control and Prevention (CDC) show that around 1000 bicyclists die each year and 130,000 bicyclists are injured each year due to bicycle crashes with motor vehicles. Unfortunately, biking and pedestrian accidents are on the rise since 2009, the numbers are actually getting worse! 

Common Causes of Bicycle Accidents

Researchers found that these three items gave rise to bike accidents: 

  1. Motorist behaviors
  2. Non-motorist behaviors
  3. Infrastructure issues

Motorist Behaviors

Motorist behaviors that contribute to bike accidents are: speeding, distracted driving, not following traffic laws, not being aware of traffic laws, driving under the influence of alcohol or drugs. 

Non-Motorist Behaviors

Non-motorist behaviors, like those of bicyclists and pedestrians, that help to cause bike accidents are: not following traffic laws, not being aware of traffic laws, poor visibility, being under the influence of alcohol or drugs.

Infrastructure Issues

Infrastructure issues that contribute to bicyclist and car accidents are: lack of separation between motorist and bicyclists, bad lighting, traffic and street signs, and marked crosswalks.

Bicycle-Car Accident Prevention

How Can You Prevent Injury While Cycling?

According to the NHTSA, “a large percentage of crashes can be avoided if motorists and cyclists follow the rules of the road.”  The NHTSA outlines Rules of the Road for Riding Safely, and they are as follows: 

  • Ride in a straight line, single file.  
  • Go with the traffic flow. Ride on the right, and in the same direction as cars.  
  • Obey all traffic signs and signals.  
  • Ride with both hands on the handlebars, except when signaling a turn or stopping.  
  • Practice stopping, then looking left-right-left for traffic before entering a street. 
  • Walk your bike across an intersection, instead of riding it across.
  • Stay alert. Use your eyes to look for things that could make you fall, such as: potholes, cracks, pebbles, or wet leaves. 
  • Do not wear earphones while biking, use your ears instead to listen for traffic.
  • Watch for parked cars and cars pulling out or into parking spaces and driveways.  
  • Check your bicycle equipment. Make sure your bike tires are properly inflated and that the brakes work.  
  • Do not forget your bicycle helmet. Wear it flat on your head and buckled at all times while bicycling.

Share the Road Campaign and Bicycle-Car Safety

In an effort to reduce the number of deaths related to car-bicycle accidents, the NHTSA initiated its Share the Road campaign which offers tips for bike safety. This initiative also provides information about sharing the road safely for drivers, motorcyclists, and pedestrians. The idea is that we all need to use the road carefully and be aware of each other when driving, riding, and walking.  

The project highlights that bicyclists have the same rights as drivers on roadways in the U.S. It seeks to inform all road users that bicyclists, as well as motorcyclists, have a distinct disadvantage on the road due to their size and lack of exterior protection. All other motorists need to be alert and aware of this disadvantage, in order to help prevent accidents on the road.

When Can I Sue For a Bicycle-Car Accident?

If you were in a biking accident and got hurt and/or incurred property damage to your bike by a car driver who was not following the rules of the road, you may have a valid personal injury or property damage claim

Bicycle Laws by State

It all depends on where you live, the severity of the accident, and who is at fault. Each state has its own laws regarding who is responsible for bicyclists hit by a car. In some cases, and depending on the state, you may have an accident claim, even if you are partly to blame. Your total damages are likely to be reduced by a percentage, but you may still have an actionable claim for compensation.

Examples of Partial Fault

Examples of when a cyclist may be considered partially at fault for an accident can include:

  • Not wearing a helmet
  • Riding in the street instead of the available bike lane

What to Do if You’re Hit By a Car While on Your Bicycle

If you’re in a bicycle accident with a motorist, you should do the following: 

  • Do not panic; make sure you are safe before helping others or moving around 
  • Seek medical attention   
  • Call 911, if you are able 
  • File a police report 
  • Provide help to anyone who may be injured, if you are able 
  • Collect insurance information from the driver of the vehicle 
  • Talk to witnesses, and collect contact information 
  • Take pictures of property damage and/or injuries 
  • Contact a bicycle accident attorney to make sure your best interests are protected 

Be sure to contact a bike accident attorney BEFORE you speak to any insurance adjusters about the incident. Your accident attorney will work on your behalf, acting as the communication middleman. This prevents you from saying anything that could undermine your claims.

Speak to a Bike Accident Lawyer Near You Today

If you suffered an injury in a bicycle-car accident, you may be able to sue and obtain compensation for your losses. Contact 1-800-THE-LAW2 to speak to a bike accident attorney in your area. Consultation is free, so there’s no downside to calling and having a short conversation.

How Much Does a Car Accident Attorney Cost Out of Pocket? | Auto Accident Lawyers

Questions that this article will help to answer: What is the cost to hire a car accident attorney after a crash | What is a contingency arrangement | How does a contingency arrangement work | What contingency fee percentage should I expect | What are the benefits to hiring a car accident lawyer based on a contingency plan | Why seek assistance after a car crash with a car accident attorney

If you’ve been injured in a car accident, chances are that you’ve at least considered the possibility of working with an attorney. You may have medical bills, lost wages, and property damages, and an attorney can help you recover compensation to cover all these different losses. 

Many injured accident victims avoid legal assistance, fearing that it will be extremely costly. This could not be further from the truth!  In most accident-related cases, it costs nothing to sue, as it is based on a contingency fee arrangement. So you don’t need to worry that you don’t have expendable cash in hand. 

Curious?  Call us at 1-800-THE-LAW2 to get connected to an attorney for a free consultation today. For now, let’s explore some of the basics of hiring a car accident attorney. 

What is the Cost to Hire a Car Accident Attorney After a Crash?

Hiring an attorney for your motor vehicle accident claim does not cost anything up front. First, most personal injury, or accident, law firms offer free consultations to get started. Using this, you can get a fresh, professional perspective on your case. And, know how to best move forward. 

Secondly, in personal injury disputes, attorneys offer “contingency-based” arrangements. This creates a win-win situation for both the injured individual, as well as the attorney. 

What is a Contingency Arrangement?

A contingency basis, or contingency fee arrangement, means that the lawyer gets paid when the job is done, and the client is paid for their pain, suffering, and damages. The American Bar Association defines a contingency fee as, “The lawyer agrees to accept a fixed percentage (often one third) of the recovery, which is the amount finally paid to the client.” 

Put simply: the attorney gets paid only when the client secures compensation. If the client doesn’t get paid, the attorney doesn’t either. This creates a dynamic where the attorney is incentivized to do the best possible work, and do it efficiently. The more that you, as the injured victim, get through compensation, the more that the attorney gets paid, as they get paid a percentage cut of your total compensation.

How Does a Contingency Arrangement Work? 

The client and attorney agree to the “percentage of the outcome” the attorney will receive once they earn an award for their client. They also agree as to how legal expenses will be handled during litigation. Expenses including:

  • court filing charges
  • travel costs
  • and witness fees

Your attorney will generally pay for these extra expenses, though you’ll want to double-check the client-attorney agreement to ensure that this is the case. You can discuss the details more during the initial consultation.

What Contingency Fee Percentage Should I Expect?

In most personal injury cases, contingency fee percentages hover around 33%. Many agreements are based on a sliding scale percentage, however. The percentage will, therefore, shift depending on:

  • The expected payout
  • How long it takes to resolve the claim
  • And the phase of litigation

For example, if the attorney takes a personal injury case, and is easily able to obtain a satisfactory settlement with insurance adjusters in a brief time, they may only charge 25%. If an attorney needs to litigate and the case begins to take on more time and effort, the percentage due will slide up and move to 33%.  

It is important to note that minimum and maximum contingency fees may vary depending on:

  • State laws in which the client lives
  • Where the attorney practices
  • Extent of the damages
  • Expected recovery amount
  • Complexity of the incident
  • Experience of the attorney

Benefits to Hiring a Car Accident Lawyer Based on a Contingency Plan

Many injury victims struggle with stress and anxiety after an accident. They may have lots of bills to pay that they simply don’t have the money to cover, and post injury lifestyle changes can be difficult to adapt to as well. 

A reliable, experienced attorney can alleviate the stress of dealing with insurance companies and bill collectors. Attorneys have the resources to help you obtain the care you need for your injuries, and even the repair work needed for your vehicle.  

Hiring based on contingency means there will be no immediate out of pocket legal costs and you will not be billed unless the attorney wins the case. A contingency plan motivates the attorney to do their best, because if they do not do their job, they will not get paid. The risk to you is low, but the potential payout can be high.

Seek Assistance After a Car Crash With a Car Accident Attorney

Did you suffer injuries in a car crash? An experienced car accident attorney can help you recover compensation for your injuries. Call 1-800-THE-LAW2 to find a car accident attorney in your areaConsultation is free and confidential, so don’t delay!

Why You Shouldn’t Handle a Ride-share Accident Claim Alone | Uber and Lyft Accidents

While rideshare services like Uber and Lyft are ideal and convenient for many commuters, travelers, tourists, and families alike, they have their drawbacks. One major drawback is the risk of injury and fatal accidents. In fact, according to the Booth School of Business, rideshare services like these have contributed to a three percent increase in fatalities linked to motor vehicle accidents. Studies show that fewer people are taking public transportation and opting for these ride-hailing services, increasing traffic on the roads. 

Are you a victim of a ridesharing accident? Call us at 1-800-THE-LAW2 for a free and confidential consultation with an experienced ride-share accident attorney in your area.

What Causes Ridesharing Accidents?

Rideshare service accidents can happen for the same reasons as other motor vehicle accidents. However, rideshare drivers are more prone to accidents for a few reasons that are a direct result of their job: 

Distractions

Rideshare drivers face many distractions. Conversing with their passengers, looking at or listening to their GPS, and being on the rideshare platform are all distractions that can take their attention away from the road ahead of them. While they may seem necessary and innocent, they can prove fatal. 

Driving in Unfamiliar Areas

Depending on where a rideshare driver chooses to work, they may frequently find themselves driving in areas they aren’t familiar with. This requires extra skill and attention, which the rideshare driver might not have that much to spare, to begin with.  

Being In a Hurry

For rideshare drivers, time is money. The more passengers they can take to their destinations in their shift, the more money they can make. There is definitely an incentive to be quick. However, being in a hurry leads to speeding and other accuracy mistakes when it comes to driving.

Who is Responsible for Rideshare Accidents? 

Many different parties can be responsible for rideshare accidents. For example, it could be the rideshare driver themselves, other drivers on the roads, a vehicle or part manufacturer, or even a government entity responsible for roadways, road conditions, traffic lights, or signs.  

Suppose the rideshare driver is the responsible party. In that case, their rideshare platform, such as Uber or Lyft, may offer some insurance coverage to their accident victims. However, if their damages exceed what the rideshare company offers, the rideshare driver’s own insurance company may make up all or part of the difference. The key after a ride-share accident is to determine how it was caused, who caused it, and what applicable insurance policies are active with what limits.  

This might sound simple, but in reality, it’s not. If the right at-fault parties aren’t identified and held accountable in a ride-share accident, the victims may not receive the compensation they deserve. This is why it’s imperative to have a rideshare car accident attorney on your side when going through this process. The best ride-share accident attorney will conduct a thorough investigation of the accident to determine which parties are liable for your injuries and damages. Once this is determined, they will obtain the insurance policies of the liable parties and file claims under their policies on your behalf.

Steps to Take for Uber and Lyft Passenger Accidents 

  1. If you are a passenger in an Uber or Lyft and there’s an accident, please remain calm.  Your first priority should be your health.  
  2. If there are paramedics on the scene, follow their advice.  If not, it’s still important to visit a licensed physician within a day, even if you don’t notice any pain or symptoms.  Waiting too long can hurt your eventual lawsuit, so don’t delay.  
  3. Report the accident to local law enforcement as well.  They will write out a police report that can serve as valuable evidence in your case.  
  4. Above all, get in touch with a qualified auto accident attorney as soon as possible.  In fact, you should do so before you speak to law enforcement, if possible, and especially before you speak to an insurance provider.  Your attorney will advocate on your behalf and will make sure that you don’t say anything which could harm your ability to obtain compensation.  

What Happens If You Get In an Accident While Driving FOR Uber or Lyft?  

If you get into an accident as an Uber or Lyft driver, follow the same steps. Also ensure that your passengers are safe, and that they get the medical attention they need. Depending on the circumstances surrounding the accident, your ride share platform’s insurance company and your own insurance company may pay for your damages.

What are Typical Uber and Lyft Accident Settlement Amounts?

Uber and Lyft both use several different insurance companies, such as Progressive, for their coverages, which vary by state. Individual drivers also have their own insurance, which doesn’t have to be with the same company that the rideshare service uses. Settlement amounts always vary based on many factors such as: 

  • The type and severity of the victim’s injuries and damages 
  • How many other parties were involved, either as at fault parties or victims 
  • The type of insurance coverages available 
  • The strength of the evidence in support of your claim 

Suppose you were hurt in a ride share accident.  You suffer a back injury that prevents you from working for a year.  You also underwent surgery.  Your total losses equal $100,000.  Your attorney estimates that you have a roughly 75 percent chance of winning your case should it go all the way to trial.  Your settlement amount would likely be somewhere around $75,000, or 75 percent of your total losses.

Were You Recently Involved in a Ride-share Accident?

If you are a victim of a ride-share accident, you probably have a lot of questions. An experienced rideshare accident lawyer can help. Rideshare accidents can quickly become complex with so many parties involved and so much at stake between various insurance companies. Having an experienced lawyer to make sense of what is going on will ensure that you get the compensation you are entitled to receive. Insurance companies and the various involved parties are likely to point fingers at each other, and you. With legal representation, you can help move this often-draining process along faster and secure the best outcome possible for yourself.   

Call us at 1-800-THE-LAW2 for a free and confidential consultation with an experienced ride-share accident attorney in your area. 

Four Insurance Company Tricks that Get Car Accident Victims to Settle for Less | Auto Accident Attorneys

Every state in the U.S. requires drivers to provide evidence of financial responsibility before getting behind the wheel of a vehicle. Most of the time, this proof of financial responsibility means proof of insurance coverage in the minimum amounts required by law. State lawmakers require this so that if an accident occurs and an at-fault driver injures or kills someone or damages their property, the victim can receive money for their accident-related expenses. It sounds relatively simple and straightforward, as it should be.  

Call 1-800-THE-LAW2 to get in touch with an experienced auto accident attorney who can help you secure compensation and battle insurance companies.

Tricks Insurance Companies Use

However, insurance companies like to complicate the matter. Why? Because while the very nature of their business is fairly paying car accident claims, doing so doesn’t serve their financial goals.

How Do Insurance Companies Make Money?

Just like any other business, they exist to make money. The more they spend on car accident claims, the less they have in their bank accounts. One of their solutions to this dilemma is to use tricks and tactics that entice car accident victims to settle for less than their claim is worth.  

4 Most Common Tactics Insurance Companies Use

Anyone filing a car insurance claim after an accident, no matter how big or small, should be aware of these unfair and often unethical practices. They should also have an experienced car accident lawyer on their side who can help identify and eliminate these tactics. So how do insurance companies try to trick you? Here are four of their most common tactics:

  1. Swoop and Settle
  2. Recorded Statement
  3. Denying Your Claim
  4. Asking for Additional and Unrelated Medical Records

The Swoop and Settle

Do insurance companies want to settle quickly? Of course, they do, but not for the same reasons you do. You want to settle quickly to pay your bills, make up for lost wages, and move on with your life. They want to settle quickly so that car accident victims don’t have the chance to meet with an auto accident lawyer to learn what their case is really worth or before they have time to realize the full extent of their injuries.  

They want to swoop in, sometimes within days of filing your claim, make you a quick offer, and have you accept. This way, you don’t know that the offer they presented you with was extremely low compared to what you could receive with a lawyer on your side. Once you accept and sign their offer, there’s usually no going back. Don’t accept any settlement offer from the insurance adjuster without speaking to a seasoned car accident attorney. It’s also important to note that you can counter-offer their settlement, but this is usually also best done with an attorney who knows the strengths and weaknesses of your claim.  

The Recorded Statement

When the insurance adjuster calls to speak with you about the accident, they will typically ask your permission to record your statement and answers to their questions. They may make it seem like it’s a requirement or that they can’t process your claim without doing so. However, this isn’t true. You don’t have to agree to or provide a recorded statement. Instead, tell them you are going to discuss your case with an auto accident lawyer first.  

By asking for a recorded statement, they can use what you say against you. They can also ask you leading questions, such as: 

  • “You didn’t see the car coming because you were looking down at your cell phone, right?” 
  • “You were driving home after a long night shift, right?” 

Or they may even just twist what you say. It’s best to hire an auto accident attorney who will speak to the insurance adjuster on your behalf. 

Delaying Your Claim

Another common car insurance company tactic is to simply delay your claim. You file your claim as soon as possible after the accident, and then it seems like nothing is happening. You call to check on the status of your claim, and the adjuster gives you the runaround or other excuses. It’s their hope that you get tired of waiting for them to process your claim, forget about it, and move on or simply agree to settle for less.

What To Do If the Insurance Company Is Stalling

When you have legal representation, the insurance company knows they can’t get away with these delays. Your attorney will ensure that there are no unnecessary delays. 

Asking for Additional and Unrelated Medical Records

The insurance company has a right to see the medical bills and records for which you are asking reimbursement or compensation. They don’t automatically have the right to see your medical records for any dates preceding the car accident. If they get ahold of such information, they could try to use it against you. So, for example, if you sent them medical records from an old back injury, they might try to say your pain and symptoms now can’t be from the car accident you just experienced but rather because of your old back injury. They will use this trick to try to deny or decrease the value of your claim.  

The insurance adjuster may also ask for additional records or information they already have just to delay your claim further.

In a Car Accident? Don’t Fall for Insurance Company Tricks, Hire an Experienced Attorney Instead

Anytime an insurance company can poke holes in your case and twist your words, they will do so.  It benefits them to weaken your claim and get you to settle for less, or even to reject it outright.  

With the help of a qualified motor vehicle accident attorney, you can avoid falling for insurance company tricks.  Attorneys are committed to helping you obtain the monetary compensation you deserve for your injuries and damages.  

Call 1-800-THE-LAW2 to get in touch with an experienced auto accident attorney who can help you secure compensation and battle the insurers.  Consultation is free and confidential, so there’s no barrier to getting started!

How to Prove Retaliation in the Workplace | Labor and Employment Attorney

In the American workplace, you have a right to complain about unlawful or illegal activity, without dealing with retaliation in the workplace from your boss. Unlawful or illegal activities include: harassment and discrimination. 

That’s right. Your employer cannot do anything about it. If they try to punish you for it, then you can sue pursuant to a “retaliation” claim. If your employer chooses to take action against you for reporting harassment, mistreatment, discrimination, or the like, you could have a retaliation case on your hands. These claims can be complicated and confusing, so you should consult a lawyer to discuss your legal options. An  experienced employment lawyer can help evaluate a retaliation case and assist you in documenting and providing evidence to support your claim.

Topics and questions this article will help you to answer:

What is workplace retaliation | What makes a strong retaliation case | Evidence to support your claim | Documentation needed to defend retaliation claims | Signs of retaliation at work | How to document retaliation at work | Find an Employment Lawyer to Help in a Retaliation Claim

What is Workplace Retaliation?

Retaliation in the workplace is defined as an employer that takes adverse actions against an employee, because the employee reported an incident, served as a witness, or participated in an investigation about an unlawful employment practice. An example of adverse actions against an employee is when a boss punishes a worker.

For a retaliation claim, three essential elements exist: 

  1. Protected Activity
  2. Adverse Action
  3. Causal Connection

Protected Activity

Filing or participating in the complaint process.  

Adverse action

Includes promotion denial, reduction in benefits or pay, threats, and harassment. 

Causal Connection

Evidence an employer took an action against the employee who reported the incident.

What Makes a Strong Retaliation Case?

In order to succeed in proving retaliation, you’ll have to prove the following: 

  • You experienced harassment or discrimination  
  • You reported the unlawful behavior to HR  
  • Your employer engaged in an adverse employment action as a result 

Whether your original claim of harassment or discrimination was “true” is irrelevant. All that matters for retaliation is that your employer punished you for complaining or reporting those problems.

Putting together a strong case requires documentation needed to defend retaliation claims, including:

  • What occurred
  • When it happened
  • How long it’s been going on
  • Who was involved, and
  • The outcome

Evidence that Matters in a Workplace Retaliation Case

The evidence you can provide in a workplace retaliation case is key to advancing your legal claim. To help substantiate the claim, you will need as many documents as possible. They will also help to connect the dots for your lawyer, and for the opposing side, too.

Evidence varies, but to help support your workplace retaliation case, consider the following:

  • Emails 
  • Voicemails 
  • Text messages 
  • Witness corroboration  
  • Notes and letters 
  • Recorded conversations

When it comes to recordings, be careful. In some jurisdictions, it is illegal to record people without their consent. You’ll want to consult your attorney about what evidence you can use, and what evidence will have to be “thrown out.”

What Retaliatory Behavior Looks Like

There are many different ways in which an employer can retaliate against an employee. Some of the signs of retaliation at work are: 

  • Harassment 
  • Racism 
  • Discrimination  
  • Demotion  
  • Reduction in hours or benefits  
  • Threats  
  • Exclusion or being left out  
  • Bullying  
  • Passed over for a promotion or raise  
  • Reassignment to a different department  
  • Pay cuts  
  • Being fired 

Some workplace environments can be toxic, which pushes employees to take outside legal action. This is especially important if the employee faced retaliatory action for reporting unlawful behavior. Post retaliation, the employee should speak to a lawyer who can evaluate their case and guide them on next steps.

How to Document Retaliation at Work

To gather evidence to create a strong workplace retaliation case, follow the steps below: 

  1. Be certain you have documented the incident with your attorney.
  2. Keep a record of everything.

Be Certain You Have Documented the Incident with Your Labor Law and Employment Attorney

Though your attorney can help with this process, make sure you have reported the issue to your employer and to the HR department. For example, you can file a complaint, send an email to HR, or involve a third party. Anything that will help to prove your case will be useful here. Make sure your employer is aware of the situation. Include them in emails, send them a copy of the report you are filing, and confirm that you have proof that retaliatory action was taken.   

Keep a Record of Everything

At some point, you may not have access to your work-issued laptop or other equipment. As such, it is useful to save a copy, digital or physical. Do be careful about recording anyone without their consent, as many states have laws against doing so.  

HR departments have a responsibility to avoid unlawful behavior. That being said, if your claim goes unresolved, an employment lawyer can get you the legal assistance you need. An employee discrimination lawyer understands the repercussions of retaliation and can make sure the behavior and activity no longer persists.   

Find an Employment Lawyer to Help in a Retaliation Claim 

If you believe that you’ve been retaliated against by your employer, then it’s a good idea to contact an experienced employment lawyer who can handle your case. We encourage you to get started as soon as possible. 

Contact 1-800-THE-LAW2 today for a free and confidential consultation. We’ll get you connected to an attorney in just 10 minutes or less. 

Bicyclists Have a Serious Risk of Injury | Bicycle Accident Lawyer

Millions of people in the United States are bicyclists, meaning they ride bikes on a regular basis. They choose cycling for a variety of reasons: commuting, leisure, exercise, competitive racing, and more. If you are a bicyclist, you may be aware that riding a bike on streets and trails in the United States can be extremely dangerous. 

Sadly, when it comes to the design of safe bike paths, city planning in this country lags behind much of the rest of the world. Unused to the presence of cyclists, drivers do not always understand how to safely navigate around cyclists. American cyclists are particularly vulnerable, as many times, they share roadways with cars and other vehicles. The statistics support this unfortunate conclusion. 

Recovery for Bicyclists Hit by Cars

All that cyclists can do is operate their bikes cautiously and learn what options they have for recovery in the event of an accident. If you were hurt in a collision and have suffered serious injuries, know that you are not alone, and that you may have a path to obtaining compensation. 

Legal counsel is important at this stage, you will want to investigate the facts of the case, develop a persuasive argument, and potentially secure a settlement. The proceeds can be used to cover all the losses you’ve suffered, from medical expenses to wage loss, and more.  

Call 1-800-THE-LAW2 to schedule a consultation with an experienced bike accident lawyer in your area.

Bicycle Accident Statistics

How Many Cyclists Die Each Year?

Thousands of bicyclists are injured or killed annually. According to reports by the Center for Disease Control and Prevention (CDC), “nearly 1,000 bicyclists die and over 130,000 are injured in crashes that occur on roads in the United States every year.” 

Bicycle Fatalities in New York City

In New York City alone, roughly eight percent of traffic fatalities involve bicyclists, according to a study conducted by the League of American Bicyclists. The cost of bicycle injuries and deaths is more than $23 billion, when factoring in the amount of money spent on healthcare and lost work productivity, not to mention the decreased quality of life.

Where Do Most Fatal Accidents Occur?

Surprisingly, most fatal bike accidents don’t occur at intersections. In fact, 27% cyclist fatalities take place at intersections, while 64% happen streets away from intersections, where cars drive faster. Another factor that comes into play is drunk driving. According to the CDC, “About one-third of crashes that result in a bicyclist’s death involve alcohol for the motor vehicle driver and/or bicyclist.” 

Cycling Groups at Higher Risk for Bicycle Injuries & Death

For example, those between the ages of 55 and 69 have the highest level of risk for death. Teens and young adults have the highest level of risk for emergency room injuries. From a gender standpoint, men in bike accidents are six times more likely than their female counterparts to die. They are also five times more likely than women to be injured.

Of course, the injuries themselves have varying impacts. Bike injuries impact people differently depending on a number of factors, including age and gender. 

Safety Precautions for Bicyclists While Bike Riding

Helmets Help to Prevent Bicycle Injuries and Deaths

While all this information may seem grim, bike injuries and deaths can be prevented. In fact, the most efficient and effective step that you can take to minimize injuries is to simply wear a helmet.

Bike helmets reduce brain injury risks substantially, but not every helmet is made equal. Make sure the helmet that you’re wearing is of good quality, and that it fits your head appropriately. Doing so, could save your life. 

Bright, Reflective Clothing Helps Improve Visibility

Other safety interventions include the use of reflective clothing. Wearing bright, reflective clothes can make you, the cyclist, significantly more visible to drivers that are using the same roadway. 

Bicycle Front and Rear Lights

Lighting is crucial, too. In most states, bicyclists are required by law to install active lighting systems. This includes front white lights and rear red lights. In some cases, additional lighting that illuminates your bike may also be a requirement. 

Accident attorneys help in all aspects of filing a bicycle accident claim. Call 1-800-THE-LAW2 to speak with a compassionate and experienced bicycle accidents lawyer near you today.

What To Do If You Were in a Bike Crash

If you are in a bike accident, there are several steps you should take to preserve the evidence for your legal claim. These steps also ensure that you are in the best possible position to move forward with a lawsuit. They are:

  1. Obtain medical care
  2. Speak with eye witnesses, law enforcement, and so forth.
  3. Collect photo evidence of the accident
  4. Provide requested information during a police report
  5. Get contact information for eyewitnesses who saw the bike crash

In the Case of a Known Sustained, Severe Injury

First, obtain necessary medical care. If you sustained severe injuries, do not spend time talking to eyewitnesses at the accident site. If you were hurt or injured, your number one priority is to get to a doctor and obtain the care you need to survive and recover. If you have any noticeable pain, call 9-1-1 to be safe. 

In the Case of Sustained, Minor Injuries

That being said, not all accidents give rise to “immediate” injury. In some cases, you may have an opportunity to speak with eyewitnesses, law enforcement, and others.

Take photos of your injuries and the accident, they can be used as evidence later to prove what you’re saying in court.  

If you’re around when police arrive on the scene, provide whatever information they request about the accident. But, don’t make any admissions that aren’t required. In fact, at this point, you could start to encounter challenges with matching your legal narrative to the perceived accident facts. To help guide you through this initial process, contact an attorney ASAP.

Your attorney, or yourself, can collect contact information from any eyewitnesses who saw the bike crash take place. This testimony is invaluable in developing an airtight, persuasive personal injury case. 

Find a Bicycle Accident Attorney to Help

If you are the victim of a bike crash, whether it involves a car or any other vehicle hitting a bicycle, you will want to find a skilled bicycle accident lawyer near you to handle your accident case

Contact 1-800-THE-LAW2 today for a free and confidential consultation. We will connect you to a qualified attorney in just 10 minutes or less. 

Bear in mind that you have a limited amount of time to file a claim. If you miss this deadline, you could lose the opportunity to recover compensation for your injuries, so do not delay! Call 1-800-THE-LAW2 as soon as possible to learn more.

Electric Scooter Accidents Involving Cars | Scooter Accident Lawyer

The rise in electric scooter accidents and injuries, especially in collisions involving cars, is increasingly more common. Many vehicle drivers aren’t sure how to share the road with e-scooters, or are simply too aggressive

Have you been injured in an electric scooter crash involving a car? If so, you may have a legitimate legal claim. We encourage you to speak with an auto accident lawyer as soon as possible. Call 1-800-THE-LAW2 to get connected to experienced, local accident attorneys near you.

Electric Scooter Accident Statistics

E-scooter accidents are also known as electric scooter accidents. They frequently lead to severe injury or even death, as there is no protective frame to protect the rider or driver. In fact, nearly 50% of those involved in e-scooter accidents suffer severe injuries. According to a study conducted by the Collaborative Sciences Center for Road Safety, about 80% of fatal e-scooter crashes involve collisions with cars

Are Electric Scooters Safe?

As the electric scooter becomes cheaper and more accessible, riders increasingly join the bustling community every year. The popularity of a two wheeled vehicle can lead to some difficulties on the road, and increased risk of accidents involving cars.

More studies are being conducted to determine the effects electric scooter accidents are having on communities in which they are used, and on society as a whole. Given the dangers associated with using an e-scooter, similar to those of riding a motorcycle or electric bike, scooter riders must be especially careful as they navigate roadways in the United States.

Avoiding Electric Scooter Accidents

Don’t ignore the risks. If you were not involved in an accident while riding an electric scooter yet, take proactive steps to reduce the likelihood that it will happen. Given the severity of many e-scooter accidents, it is important to avoid them entirely, when possible. 

There are a number of ways in which you can minimize risks. They are:

  1. Inspect your scooter on a regular basis.
  2. Ride on the street, not on the sidewalk.
  3. Limit yourself to solo riding.
  4. Wear a helmet, knee pads, and other protective gear.

Regular Inspections

First and foremost, inspect your scooter on a regular basis. Make sure that it is in good working order. If the scooter doesn’t behave as you are expecting, while on the road, an accident may happen. 

Ride On the Street

Secondly, assuming your scooter is street legal, ride on the street, and not on the sidewalk. Many accidents with an e-scooter occur when riding on the sidewalk. On the street, you’ll have far more space to operate, and fewer pedestrians to avoid. Being in the street means you have to contend with cars, so pay close attention to drivers. Make yourself visible on the road, do not slip between cars, if you can avoid it. 

Ride Solo, Not in Tandem

Thirdly, limit yourself to solo riding. Riding in-tandem only increases your chances of an accident, try to minimize doing so. 

Wear a Helmet and Other Protective Gear

Finally, wear protective gear. Helmets are essential when riding an E-Scooter. It doesn’t matter if local laws require a helmet or not, you should wear one. Protective knee pads and elbow pads are also very helpful, consider using them if you can.

What To Do If You Are in an Electric Scooter Accident

Okay, so you took precautions, and safely operated a vehicle. Unfortunately, an accident happened, and it was not your fault. Multiple factors, like driver impairment or negligence, may cause a scooter crash. 

Negligent or Impaired Driving Examples

Examples of negligent or impaired driving are:

  • Inattentive driving
  • Speeding
  • Drunk driving, or driving while intoxicated

What Should You Do If You Were Injured In an Accident With an Electric Scooter? 

  1. Secure immediate medical attention if necessary. This is your first priority. 
  2. Move away from the accident site if there’s active danger in the area. An example of active danger is: traffic. 
  3. Report the incident to authorities. This information will form the basis of the police report, which is valuable evidence for your accident case.
  4. Gather contact information from eyewitnesses and the driver who hit you. 
  5. Take photos to document your injuries, the scene of the accident, and the damage done. 
  6. Contact an attorney for legal assistance.

In the days following your accident, ensure that you obtain critical medical care, and follow through with such care. Do not assume that you are not injured. To be sure, have a battery of diagnostic tests done.

Were You Injured In an Accident Involving an Electric Scooter? Find an Accident Lawyer to Help.

Accidents happen. But when they do, you’ll want to be equipped to sue and recover the compensation you’re entitled to under the law. Ready to speak to a skilled personal injury lawyer about your case? Contact 1-800-THE-LAW2 today for a free and confidential consultation.

Suing for Emotional Distress in an Accident Case | Emotional Distress Lawsuit

What isn’t always obvious when you’ve been involved in an accident or personal injury is the mental trauma and emotional distress that accompanies physical injury. Mental suffering is often hidden from view, and it is often harder to quantify and prove in a court of law, or to an insurance company.  That being said, mental trauma and distress can just as severely impact a victim’s life as a “physical” injury. 

So, can you sue for emotional distress? What does it mean to sue for emotional distressHow is emotional distress defined? And what are the steps for filing a lawsuit? Let’s explore these issues in brief.

Can You Sue For Emotional Distress?

The short answer is that suing for distress is possible. In most states, your emotional distress lawsuit must be accompanied by physical harm or physical injury component. Within some courts, as it relates to sexual harassment or assault, distress is one of the first claimed damages. 

Suing for Emotional Distress  

There are two primary types available:

  1. Intentional infliction
  2. Negligent infliction

Intentional Infliction of Emotional Distress

Deliberate actions taken by the defendant to inflict harm or cause suffering to the victim can be filed under an intentional infliction claim. For example, emotional or mental trauma caused by abuse, reckless behavior, and bullying at school or in the workplace fall under this category. 

Negligent Infliction of Emotional Distress

Unintentional actions by the defendant that in the end cause distress emotionally to the victim or the victim’s family would be filed under negligent infliction. For example, in a car accident, if the driver is under the influence and kills a child or an adult, the family members of that person would suffer emotional distress which would be part of the lawsuit. 

What Does It Mean to Sue for Emotional Distress?

Understanding Emotional Damages in an Accident Case

Emotional distress damages can manifest in many different ways. They can be long-term or short-term in effect, for example, and range in severity.  Common indicators of emotional distress include loss of sleep, depression, anxiety, fear, humiliation, psychological issues, mental instability, and panic attacks among other things. These consequences lead to damages, assuming that your life is negatively impacted.  As such, the more severe the distress, and the longer lasting, the higher your damages claim is likely to be. 

What may be distressing, or harmful, for one person may not be the same thing for someone else. In order to build a case, it is useful to assess the internal and external pressures that may not have existed before the accident.  

Documentation

Don’t focus only on your physical injuries. Be comprehensive. You’ll want to tell your doctor about the emotional, mental, and psychological symptoms you are experiencing as a result of your accident.  

Medical documentation is a core part of any successful personal injury lawsuit case. We encourage you to keep a journal to record how you’re feeling, and to record changes whenever they occur. Document all the ways that your injury affects your life and emotional wellbeing. Doing so can help “sell” the idea that you have truly suffered mental trauma, and help you and your accident lawyer form a stronger case.

What Is Emotional Distress?

Emotional Distress Definition

According to the Legal Information Institute, distress that occurs emotionally is: “mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition. Emotional distress can usually be discerned from its symptoms (ex. Anxiety, depression, loss of ability to perform tasks, or physical illness).”  

Distress, and its consequences, can vary quite a bit depending on the type and severity of injury. For example, if you get into a car accident where you lose the ability to walk, then you likely have suffered a significant amount emotionally, due to your new limitations. 

In many cases involving severe injury, you’ll be able to negotiate a settlement, or secure a court award, that includes compensation for distress and mental suffering.

Emotional Distress Lawsuit

Steps for Filing a Lawsuit for Emotional Distress

If you are suffering from emotional or mental distress due to a physical incident, you can file a lawsuit for damages. Here are the steps to take: 

  1. Document your emotional state. Distress cases are tricky. As a result, you will need to prove emotional damages. Document how you feel and ensure your medical records reflect the same.   
  1. Obtain an attorney. Contact an attorney who specializes in U.S. civil law to help you sort out answers to questions and build a case that can be won. 
  1. File a lawsuit. Once you and your lawyer have a game plan and all the evidence, you can file the lawsuit against the defendant. 
  1. Prepare for what is next. If the defendant chooses to settle out of court, it is easy from there. If the defendant chooses to fight the lawsuit, you will likely go to trial in court. Your lawyer should be able to walk you through this process. 

Find a Lawyer Near You Today

Accidents happen every day. If you have suffered a physical injury and believe that you have also suffered distress and trauma as a result, we encourage you to consult a qualified accident lawyer. 

Get in touch with an experienced injury accident attorney who can advocate on your behalf. Contact 1-800-THE-LAW2 today for a free and confidential consultation

Can I Sue for Being Hit by a Semi Truck? | Truck Accident Claim

Semi trucks are no joke. They are dangerous, heavy machines that can cause incredible destruction.  And yet, despite carrying tens of thousands of pounds of cargo, truck drivers are often not cautious enough while operating their vehicle. At times, they may participate in intoxication, exhaustion, distracted driving, speeding. This leads to driver negligence, which can, in turn, lead to an accident, and severe injury. In fact, even trucking companies can contribute to accidents by failing to properly load cargo, or by forcing drivers onto a strict shipping schedule. 

If you’ve been injured due to being hit by a semi truck, you may be entitled to sue for a significant amount of damages. But lawsuits aren’t always straightforward or easy to unpack. To maximize your chances of success, it’s important to secure the assistance of a personal injury attorney.  

Call 1-800-THE-LAW2 to speak with an experienced personal injury attorney about your semi truck case.

Semi Truck Accidents

Why do semi trucks cause severe, or even fatal, injury in many cases? The answer is a matter of basic physics. Semi trucks weigh up to 20 times more than a typical four door car, this simple fact makes the collision impact force significantly greater in a semi truck accident of equal speed. A greater impact force means more severe injuries, as the impact force can crumple, crush, penetrate, and shatter your own vehicle’s protective materials. 

Given the likelihood of a severe, life-altering injury, immediate medical attention in a semi truck accident is of critical importance.  This has both medical and legal ramifications.  Not only will you receive the care you need for your injuries, but you’ll also be able to document the severity of those injuries (which will be important when arguing against an insurance company). 

How an Injury Lawyer Can Help With Your Truck Accident Claim

But how does an experienced personal injury lawyer fit into this dynamic?  What benefits and advantages do they provide? We’ll state it simply: do NOT move forward without an attorney. Period. Attorneys are necessary advocates. They go through years of schooling, certification, training, and practice, all to be able to handle cases like this. They know the deadlines that you have to meet in order to preserve your claim. They know the evidence that will have to be gathered to build a persuasive legal claim. They know how to counter the other side’s arguments, and how to navigate any unexpected twists and turns in the dispute. In other words, they know everything that you don’t about the law. 

Without an attorney, it is fair to say that you’ll not only secure less compensation than you would have with an attorney. But, you may even secure nothing, if you lose your case. 

What Can I Sue For In a Semi Truck Accident? 

In a semi truck accident, you may be wondering what damages you can actually sue, and recover, for, so let’s clear it up. Ultimately, you can sue others for any and all damages that they cause. For example, if you’re injured by a semi truck driver, you could potentially sue them for your:

We’ll go through each of these damages briefly. 

Medical Expenses

Medical expenses include any costs associated with diagnostics, treatment, medicines, surgery, and rehabilitation you received, or will continue to receive, because of the injuries you suffered. These expenses can be substantial, especially if the injuries are severe and life altering in some way. Worth noting: you can sue for medical expenses even if you have no out-of-pocket costs due to insurance coverage. 

Lost Wages

Lost wages account for the pay you didn’t receive due to having to miss work for some time after an injury. By contrast, lost earning capacity accounts for your injury’s impact on your ability to earn in the long term. This can include: the reduced salary you’d receive due to being less equipped for a promotion down the line. 

Property Loss

Property loss is exactly what it sounds like, damage to your vehicle and personal effects sustained in the accident. The cost to repair or replace these items needs to be included in the compensation you’re requesting. 

Pain and Suffering

Pain and suffering can be substantial in, and after, an accident. These damages account for the physical, psychological, and emotional pain that you have sustained as the victim. Quite a comprehensive category of damages, it accounts for the agonizing pain of a fracture injury. It also includes the pain of mental humiliation due to facial disfigurement. 

Find a Personal Injury Lawyer to Help with Your Truck Accident Claim

If you’ve been injured in a semi truck accident, don’t just ignore your legal claims. Get in touch with a skilled personal injury lawyer near you who can handle your case. Contact 1-800-THE-LAW2 today for a free and confidential consultation.

CarShield Class Action Lawsuit | 1-800-THE-LAW2

Topics and Questions this article covers: What is a CarShield Class Action Lawsuit | Is There a Class Action Suit Against CarShield | Does CarShield Pay Their Claims | Why Does CarShield Have So Many Complaints | CarShield Reviews and Horror Stories | Who Accepts CarShield | Who Owns CarShield | Why is CarShield Not Available in California | Is CarShield a Legitimate Company | Is CarShield Going Out of Business | Your Legal Rights

When you purchase any type of warranty or insurance policy, you anticipate that the company you are doing business with is fair, reliable, and trustworthy. You expect them to perform under the terms of their contract, and rightfully so. You anticipate that they will abide by their own contract.  

However, far too many learn the hard way that these expectations aren’t always reality. Insurance companies often give claimants the runaround and unfairly deny their claims. If you purchased a CarShield warranty for your vehicle and experienced a wrongfully denied claim, you could be owed compensation. It’s in your best interest to speak to an experienced attorney about the specifics of your circumstances.

What Is a CarShield Class Action Lawsuit?

A CarShield class action lawsuit allows one or more plaintiffs (wronged parties who bring the lawsuit) to file a lawsuit on behalf of a larger group of plaintiffs, usually called a class. Class action lawsuits help courts manage multiple cases that would otherwise prove unbearable for the court to handle if they were required to join the lawsuit as a named party. Any settlement or court award money from a class-action suit after its legal fees are paid is shared among all class members. Class representatives typically receive more for their time, and class members usually get an equal share.

Is There a Class Action Suit Against CarShield?

Yes, CarShield is currently a defendant in a class action lawsuit and may also soon face others. A class action lawsuit was filed against CarShield in May 2017, alleging misleading consumers through advertisements and violating the Driver’s Privacy Protection Act of 1994. 

In addition, CarShield recently filed a lawsuit against the Better Business Bureau, or BBB, claiming the nonprofit organization unfairly rated CarShield. CarShield currently has an “F” BBB rating, along with over 1,500 CarShield complaints.

Does CarShield Pay Their Claims?

While not yet another class action suit, there are multiple CarShield lawsuits filed CarShield claimants have filed suit against the company for refusing to pay on covered claims or unfair demands. 

CarShield Lawsuit Example: Car Engine Starter

For example, Devonna Hopkins of Philadelphia filed a CarShield lawsuit for requiring her to pay for her vehicle’s engine to be completely broken down before they would even consider paying her claim. Under the contract, Devonna was simply obligated to pay for diagnosing the problem, her starter. However, the mechanic determined it wasn’t the starter after all, but failed main bearings. American Auto Shield, CarShield’s claims administrator, refused to pay unless the engine was dismantled entirely, and only then, under certain circumstances.  

Ms. Hopkins isn’t alone, as at least dozens of other vehicle owners across the nation have had similar experiences and complaints with the car warranty company. 

Why Does CarShield Have So Many Complaints?

There are hundreds, if not thousands, of CarShield reviews and complaints in 2022, indicating a pattern of complaints involving several different factors. Common complaints are: 

  • Pushy or misleading sales and advertising
  • Failure to pay covered claims
  • Difficulty canceling policies
  • Rude CarShield representatives

CarShield Reviews and Horror Stories

Customer Review: New Transmission Claim

Ms. Hopkins isn’t the only one whom CarShield misled. There are many more stories like hers across America. For example, after Atlanta’s Joseph Weatherspoon’s warranty expired on his 2016 Chevy Impala, he became a CarShield customer. Several months later, when his car failed to go in reverse, he thought the problem would be covered. After taking his car to the dealership, he learned that it needed a new transmission as the clutch pack inside had failed. However, Car Shield denied Weatherspoon’s claim saying that clutch packs aren’t part of the transmission and therefore aren’t covered under his vehicle’s warranty. After many phone calls and being transferred from one person to the next, CarShield finally agreed that the clutch pack was part of the transmission. But they still wouldn’t cover a new transmission or repairs, saying that because a clutch pack couldn’t be the reason the transmission failed.  

Thankfully, after reaching out to WSB-TV2 Atlanta, his claim was accepted, and he received a repair check for $42,000. “It feels like they had the intent of not paying that claim. They were looking for one way or another to get out of paying that claim,” Weatherspoon said.

Customer Review: Electrical Claim

April Grant of Aurora, Colorado, shares a similar story. She purchased CarShield’s highest package, the “Gold Package,” for $139 per month. Then, in December 2020, her car broke down, and all the lights on the dashboard lit up. Thankful that she had CarShield, she took her vehicle into the shop and filed a claim. However, they also denied Ms. Grant’s claim because it doesn’t cover electrical components. 

Customer Review: Warranty Is Not Honored

Another Denver area CarShield customer, Lorie Jackson, said she spent hours and hours on the phone trying to get CarShield to honor her warranty. “I was diligent, or I never would have seen the money.” 

Customer Review: Engine Repair Claim

Vanessa Sanchez shares a similar story with Ms. Hopkins. After a mechanic diagnosed her vehicle with a blown engine, CarShield requested that it be dismantled, leaving Sanchez to cover the labor costs if CarShield subsequently determined they wouldn’t pay for the repair. 

Company Review: Terrible Customer Service

It’s not just CarShield claimants that are experiencing problems. Lori Williams of Gary’s Full Service Auto Repair in Aurora reports dealing with four CarShield or American Auto Shield claims in a single year. None of them went smoothly, all involved a delay, partial payment, or denial. Williams also reports that: 

  • One representative would deny a claim; when she called back, a different one would approve it 
  • CarShield insists on outsourced parts or would only cover some parts 
  • CarShield doesn’t tell their customers that they won’t pay for programming a part once it’s installed 

Who Accepts CarShield?

It’s up to each service shop and mechanic if they will accept CarShield. Some did accept it, and now don’t, due to their customers having issues with their coverage and getting their claims paid. Suppose you have a vehicle service contract through CarShield. In that case, you can take your car to a Shield Repair Network repair facility, or choose your own ASE-certified repair facility or dealership. 

Who Owns CarShield?

MepCo is the parent company of CarShield, a private company. Mark Travis owns MepCo, and is also the CEO and President of CarShield. CarShield is based out of Missouri, and their claims administrator, American Shield Auto, is out of Lakewood, Colorado. 

Who Is the Carshield Spokesperson?

The current spokesperson is Vivica Fox, whom you may have seen featured in television commercials promoting their insurance services. Iced T used to be their spokesperson and was also in their commercials.

Why is CarShield Not Available in California?

Many top car extended warranty providers, like CarShield, have excluded California from their coverage areas. This is mainly because of California’s strict regulations about vehicle service contracts. While these laws can make it harder to find extended warranty coverage for a vehicle, they protect insurance consumers from companies that may take advantage of them and not fulfill their end of the contract.   

Is CarShield a Legitimate Company?

CarShield.com is a legitimately operating insurance company for automobile repairs. It boasts over 2 million contracts sold, 17 years in business, $1 billion in claims paid, and currently over 1,000 employees. A company being legit doesn’t mean that it is trustworthy, or that it treats consumers as it should. Legitimate companies break the law, and are unfair to their customers every day. Based on multiple consumer CarShield complaints, BBB complaints, and other sources, CarShield.com has substandard customer service and underperforms, or fails to perform, the terms of their contracts. 

Alternative Car Warranty Companies

Some of CarShield’s competitors include: 

  • Endurance 
  • Carchex 
  • Autopom 
  • Concord Auto Protect 

Insurance policies through CarShield depend on the type of coverage desired and the mileage, year, make, and model of the vehicle they want to cover.

CarShield Prices

How Much is CarShield?

Generally, coverage premiums can run between $100-$300 per month or around $1,200-$3,600 per year. There are six different plans available with different deductibles and various service levels. 

They offer a 30-day full refund if you decide to cancel your policy. Suppose you cancel after the first 30 days. In that case, you can get a prorated refund for the amount of time left on the policy under most circumstances. You need to contact customer support and submit a policy cancellation notice to cancel.  

CarShield states that it won’t cover: 

  • Modified or altered parts 
  • Wear-and-tear vehicle components such as brake pads and air filters 
  • Claims arising from acts of nature, collision, vandalism, or lack of proper maintenance 

Is CarShield Going Out of Business?

While there are countless complaints and bad reviews, as well as a CarShield class action lawsuit, CarShield.com does not appear to be going out of business anytime soon. They are alive and well, still promoting their extended warranty insurance contracts.

Having your vehicle covered by an extended warranty can provide you with peace of mind. However, if you must fight with the insurance company to use the coverage you have paid for, it can quickly become quite frustrating. If you were a CarShield customer and this happened to you, it’s imperative to know that you have rights. You can connect with a lawyer today by filling out our form. An experienced attorney with 1-800-THE-LAW2 will call you within 10 minutes to discuss your questions and concerns.

Hit by a Skateboarder? You Can Sue | Accident Lawyer

Skateboarder culture has grown and changed many times since its inception, from the iconic 1970s “dude” culture to the “extreme sports” culture of the 1990s. Despite these many changes, skateboarding has always been plagued by risk of serious injury, and in some cases, even death. This isn’t limited to the person skateboarding, it’s possible to seriously hurt others, too. Unfortunately, skateboarders have long embraced these experiences as a rite of passage. This dismissive approach to injury continues to impact skateboarding. For example, wearing a helmet is often discouraged, arguments to this day are made as to why those skateboarding should not wear a helmet! 

Skateboarder Accidents with Pedestrians

This carefree attitude towards safety can put pedestrians at risk. It should come as no surprise that in 2022, we can expect hundreds of thousands of skateboarding-related injuries in the United States alone. If you’ve been injured by a someone on a skateboard, scooter, or electric scooter, we encourage you to speak to a personal injury attorney. They can help you understand your rights and potential next steps. You may be entitled to compensation, so don’t resign yourself to your circumstances. Explore your legal options. 

Call 1-800-THE-LAW2 to schedule a free consultation with a personal injury attorney in your area.

A Pedestrian In A Skateboarding Accident 

Imagine that you’re walking down the street, heading to the local corner store for some groceries.  Suddenly, a skateboarder speeds by. In attempting a trick, he recklessly collides with you. The collision causes you to suffer injuries; naturally, you’re upset. After all, shouldn’t the person on the skateboard be riding on the street, and not on a crowded sidewalk designed for pedestrians? 

You may be wondering: Can I sue the skateboarder who hit me? 

Likely yes. But, developing a winning pedestrian injury lawsuit takes more than just a legitimate claim.  To succeed in obtaining compensation, you’ll have to show that the other person was liable and actually caused your injuries. And, you’ll also have to show that you did suffer the injuries that you claim. Lawsuits can be complicated, so you’ll want a seasoned personal injury lawyer by your side throughout these proceedings. 

How Negligence Works 

Most skateboarding accident claims involve “negligence.”  Specifically, the negligence of the skateboarder who hit you. But what does this entail? 

Negligence as a concept is a combination of four elements: duty, breach, causation, and damages. These are put together as follows: if a person violates or breaches their duty towards you and causes injury and damages as a result, then they are liable to you as the victim. This liability leads to financial compensation.

In the skateboarding context, a skateboarder owes a duty of care to others, including pedestrians. They must use their skateboard in such a way that it minimizes the risk of injury to others. If the skateboarder violates this duty, perhaps by recklessly weaving in and out of pedestrian traffic, and as a result collides with you and causes injury, then you could sue them for negligence. 

Proving negligence isn’t always easy. That’s where a skilled and experienced personal injury attorney comes in. They will review your situation and determine whether you have a viable case. After doing so, they’ll come up with the best “strategic plan” for securing compensation from the skateboarder who harmed you.

What To Do If You’re Hit By A Skateboarder 

If you’re injured in a collision with a skateboarder, make sure to secure your health and safety first.  There’s a time and a place for handling legal matters. If you have an actual medical emergency, then do not delay, make your way over to a hospital as soon as possible and get the medical care you need to recover. That being said, if your injuries are not severe and do not require immediate medical attention, then there are important steps you can take to strengthen your impending lawsuit

While at the accident scene, gather as much contact information as you can. Don’t just get the name and contact information of the skateboarder, speak to eyewitnesses and get their information. These witnesses will corroborate your side of the story, increasing the likelihood that you win your case. 

Finally, take photos of both the accident scene and your own injuries. You should also document your injuries over time, taking pictures everyday to show the development of the injury. These photos, along with test results and documentation from your doctor about your condition, will aid your case. 

Find a Personal Injury Lawyer to Help 

Skateboarding injuries happen quite frequently, but the “casual” nature of skateboarding may convince injured persons to simply move on. The truth is, if a skateboarder crashes into you and you suffer injuries, it’s likely that you can sue for damages. To improve your chances of winning the case (and to maximize the compensation you receive), you’ll want to work with a skilled personal injury lawyer who has experience handling skateboarding accident disputes. Contact 1-800-THE-LAW2 today for a free and confidential consultation.

Injured in a Skateboard Accident? | Skateboarding Injuries Attorneys

Skateboarding can be a dangerous sport, and nobody knows that better than skateboarders themselves. Whether or not they wear helmets, knee pads, elbow pads, or other protective gear, they are still exposed to the risk of getting injured. Many drivers simply do not understand how to safely operate their vehicles around skateboarders, and this can lead to mishaps on the roadway. 

In the event of an accident, it’s important that injured skaters talk to a skilled personal injury lawyer for guidance. The law can be quite complex and difficult to understand. With capable legal counsel by your side, however, you can be financially compensated for the injuries you’ve suffered. 

Call 1-800-THE-LAW2 to speak to a qualified personal injury attorney in your area today.

Defective Materials and Manufacturing

Whether you’re using an electric skateboard, a longboard, or a standard board, defective materials or manufacturing can create a risk of injury. For example, you could be grinding on a new board and applying pressure that would not normally damage the board, only suddenly have it snap. This break then causes you to fall, seriously injuring yourself. 

Wheels can come off, screws can come loose; the possibilities are endless. In situations involving defective materials and manufacturing, the original manufacturer, or even the retailer in some cases, can potentially be held liable. All that you have to do is show that the skateboard is defective, and that there is an unreasonable risk of danger in normal use, due to the defect. 

It’s the manufacturer’s responsibility to make sure that a product is safe, and that includes skateboards. If the manufacturer didn’t inspect the board properly, or did discover some issue but didn’t correct it, then they can be held liable. Suing the manufacturer is a great option for a skateboarding lawsuit, as they have more substantial insurance coverage to pay out all your damages. 

Negligent and Careless Driving

Negligent, careless driving is a significant contributor to skateboarding accidents. Skating collisions or crashes with cars and other vehicles are also likely to cause more severe injury. As compared to other types of accidents, skateboarders face increased danger. They don’t have a metal frame or other protective material to shield themselves from the impact forces, like cars have. 

Examples of Improper Driving

Improper driving includes: 

  • Driving while intoxicated 
  • Speeding 
  • Reckless driving 
  • Distracted driving 
  • Driving while fatigued 
  • Driving without glasses (if necessary) 
  • Driving without taking necessary medication (i.e., seizure medication) 
  • And more 

In the event of an accident, skateboarding accidents are often severe. They can lead to serious injuries that include heavy internal bleeding, fractured limbs, abrasions, contusions, concussions, nerve damage, spinal compression, and more. Unsurprisingly, these injuries can be life altering, so the damages in skateboarding accidents tend to be large. 

Hundreds of Thousands of Skateboard Accidents 

According to data from the U.S. Consumer Product Safety Commission (CPSC), there are 300,000 skateboarding accidents that result in emergency room visits every year. The most common skateboard accidents include sideswipes, turning collisions, rear-end collisions, t-bone collisions, and distracted/driving-under-the-influence collisions. 

Whether it’s a car and a skateboarder grinding against one another on the road, a collision during a turn, a 90-degree collision at an intersection, a skater getting rear-ended by a vehicle, or a driver who is under the influence, all these lead to hundreds of thousands of skateboard accidents every year. 

Why You Need a Personal Injury Attorney 

Skateboarders are often mischaracterized as reckless, and when an accident occurs, society tends to blame the skater. We understand just how frustrating this can be. Fortunately, the law is designed to give you an opportunity at compensation despite these social biases. 

If you’ve been injured in a skateboarding accident and feel as if there isn’t any recourse, you’ll be glad to know that help is available. Personal injuries don’t have to remain a personal battle. A skilled personal injury lawyer can help you navigate the complexities of your situation, and secure compensation. Tilt the scales of justice in your favor by speaking with a qualified personal injury lawyer today. 

An attorney will: 

  • Collect evidence 
  • Write and send demand letters 
  • Speak to witnesses 
  • Identify possible defendants 
  • Acquire the police report 
  • Secure expert witnesses to testify on your behalf 
  • Acquire your medical records 
  • Negotiate a settlement on your behalf 
  • Communicate with defense attorneys and insurance adjusters 
  • Represent you in court 
  • And more

Find a Personal Injury Lawyer to Help Following a Skateboard Accident 

Injured in a skateboarding accident? Call 1-800-THE-LAW2 today for a free and confidential consultation. You have a limited period of time in which to file a claim. Speak to a lawyer as soon as possible to ensure that you maintain your ability to secure compensation for your injuries.

Examples of Retaliation at Work | Retaliation Attorney

Workplace retaliation takes many forms, and knowing what examples of retaliation at work looks like can help you identify these types of scenarios, report suspicious behaviors, and protect yourself legally.

The law, both state and federal, protects employees against harassment, sexism, racism, and discrimination. The law goes further, however, and also protects employees against punishment for complaining and reporting on these unlawful activities. Employers do NOT have the right to punish employees for exercising their rights in reporting unlawful behaviors and activities, known as “retaliation.” If you’ve faced retaliation at work, then you may have a right to sue your employer for damages.

Common Types of Retaliation at Work

Workplace retaliation covers a very wide range of conduct between employers and employees and takes on many different forms. Some types of retaliation occur more often and more frequently than others.

Below are some common forms of retaliation at work that impact office and other professional environments:

Termination or Demotion

Termination or demotion. This is when an employee feels as if their job has been taken away from them or they have been moved to a lesser role or position because they spoke out or reported a concern.

Low or Negative Performance Evaluations

Low or negative performance evaluations. Sometimes, an employer will target an employee with a performance evaluation that is very low or negative, preventing them from being chosen for a promotion or a pay raise.

Changing or Adverse Work Hours, Schedules, or Locations

Changing or adverse work hours, schedules, or locations. When an employee has reported an issue or concern, the employer may try to retaliate by changing the employee’s work location, giving more or less hours, or disrupting the schedule so the employee cannot perform.

Reduction in Wages or Benefits

Reduction in wages or benefits. Sometimes, employers choose to play with an employee’s salary, paycheck frequency, or benefits. Employees might see a reduction in wages, lack of reimbursement, or holiday hours not being covered. Removal or reduction in benefits such as health coverage is also a form of retaliation at work.

Transition to a Less Favorable Position

Transition to a less favorable position. Let’s say that you wear a hijab to work but your manager tells you that it makes customers or other employees in the office feel uncomfortable. It is part of your religious beliefs and so you file a claim. Later, you find yourself being pushed into a less favorable position.

Harassment, Abuse, or Bullying

Harassment. Perhaps, a manager, supervisor, or coworker continuously makes sexual innuendoes or advancements to you. After you tell them to stop and report it to your HR department, you find a notice of termination on your desk when you arrive the next day and all of your office items already packed for you.

Verbal abuse, threats, harassment, and similar actions that are unpleasant or make for a toxic workplace environment may constitute retaliation as well. You can identify areas and examples of retaliation at work where there may be an issue with an already hostile environment by paying attention to conversations, reading agreements, and also reading the room to get a feel for what is going on. Ask questions of your coworkers to determine whether they are experiencing the same issues as you.

What Documentation Looks Like for a Retaliation Case

Retaliation claims can be complex, so it’s important to keep extensive records. After all, the success of your case will likely center around the evidence.

Document what happened in the very first incident. You can write it out in a report that you share with management and the HR department. Note the date, timeline, people involved, employer’s actions, employee’s actions, and anything else that may be useful in pursuing your case.

Note the actions that were taken as part of the retaliation for engaging in reporting activity or incident. Identifying what happened, who was involved or issued the retaliatory offense, and the timelines associated with it can be useful.

Research any information from company employee handbooks as well as procedures and processes for filing grievances that can be used to support the other evidence you are gathering. Using the company’s own words can help reduce the amount of time and resources expended on proving that the unlawful action happened.

Determining Retaliation at Work

Talking to an employment lawyer can clear up any confusion that you may have about your employer’s retaliatory actions. An experienced local attorney can not only help you to develop your case and file your claims, but also guide you through complex and ever-changing dynamics of litigation.

Depending on the form of retaliation, you may qualify for compensation related to income lost due to termination, role reduction, or hours and benefits losses. Damages calculations are fundamental to a lawyer’s services, so consult your attorney for an assessment. More accurate damages calculations take time (as significant evidence has to be procured, and the employer’s arguments have to be presented, too).

Find a Retaliation Lawyer with 1-800-THE-LAW2 to Help in a Retaliation or Employment Claim

If you believe that you are the victim of retaliation at work, it is important to contact an experienced employment or retaliation lawyer who can handle your case. Contact 1-800-THE-LAW2 today for a free and confidential consultation. We’ll get you connected to a qualified attorney in just 10 minutes or less.

Sexual Orientation and Gender Identity, SOGI Data | How it Impacts Your Discrimination Claim

This article covers: What does SOGI Stand for, Exactly? | Coverage for Employees | Coverage for Employers | How to File a Workplace Discrimination Claim | Timelines for Filing a Discrimination Charge | Find a Workplace Discrimination Lawyer to Help in Your Claim 

Sexual Orientation and Gender Identity, also known as SOGI, was introduced to the world in the Supreme Court case, Bostock v. Clayton County, Georgia. In the case, the court made it clear that companies cannot terminate employment due to transgender status or sexual orientation, as doing so violates the prohibition on sex discrimination in Title VII.

Discrimination Lawsuits

For example, if an employer fires a gay man, but does not also fire a heterosexual man, then they could be opening themselves up to a potential lawsuit. The gay employee would have to show that they were fired due to their sexual orientation, on the basis of Sex and Gender.

Pronoun usage is also relevant under the law. For example, a biological male who identifies as a woman and uses She/Her pronouns cannot be discriminated against in the workplace on the basis of their gender identity.

It’s important to understand the basis of SOGI as a protected class, and how it was integrated into the modern workforce. Employees should know their rights and be prepared to sue if they’ve been discriminated against. Though HR reports are part of the process, they are not the endgame. To resolve your issues and secure compensation, you’ll want to file a sex discrimination claim using a qualified attorney. 

What Does SOGI Stand For, Exactly? 

SOGI stands for Sexual Orientation and Gender Identity. The EEOC (Equal Employment Opportunity Commission) in 2013 started to allow employees who experience SOGI-based discrimination to file sex discrimination charges under Title VII of the Civil Rights Act. Since this type discrimination, especially against transgenders and the LGBTQ+ community, is based in gender stereotypes, the EEOC categorizes it as part of sex discrimination.  

According to data provided by the University of Massachusetts Amherst, approximately 20 states including the District of Columbia prohibit sexual orientation and discrimination by sex or gender. The SOGI at its core applies to everyone, and is a very inclusive term.

Coverage for Employees

Title VII protects all current and former employees as well as applicants or candidates to various positions within companies. All employment statuses are covered, including: full time, part time, temporary, contract, seasonal. SOGI discrimination also applies to heterosexual workers, meaning, an employer cannot discriminate against a person for being Straight or Cisgendered.

Coverage for Employers

Title VII applies only to companies that employ 15 or more employees. Smaller businesses are not covered. For example, a small ice cream shop with just five employees is legally entitled to terminate a gay employee (because of their sexual orientation. 

For companies with 15 or more employees, exceptions include tribal nations and some religious institutions that limit hiring to those who carry the same religious beliefs. Even in places where state or local laws do not have provisions, Title VII provides necessary protections in these instances. 

How to File a Workplace Discrimination Claim  

Typically, Workplace Discrimination Claims are filed with EEOC, or Equal Employment Opportunity Commission. There are several ways to file them, such as:

File a Discrimination Charge Through the EEOC Portal

Use the EEOC public portal to file a discrimination charge. After submitting your report, the EEOC will likely interview you to ask a few clarifying questions about your case.

Use the EEOC Portal to Schedule an In-Person Appointment Online

Schedule an appointment online through the same portal. This appointment will take you to the nearest field office for you to speak with an advocate in-person. Having the opportunity to address your concerns in person can help better assess your situation and quickly guide you to the next step. The EEOC has about 53 field offices, most of which should be in the closest major city to you.

Start the process by telephone by calling the EEOC’s 800-phone number

Start the process by phone. Calling the EEOC 800-number is also an option to discuss your situation and determine if your situation is covered by state and county laws.

File a discrimination charge with FEPAs, or Fair Employment Practices Agencies

In addition, the EEOC has agencies that they call Fair Employment Practices Agencies (FEPAs) and have work-sharing agreements to prevent cross-duplication in the reporting process. If you file at a state or local level, you can tell them you want to file as well with the EEOC.  

Contact the Local EEOC Office and File by Mail

Another option for you is to file by mail. Typically, you will produce a letter that includes all of the pertinent details as well as the discriminatory action that was taken against you and mail it to the local EEOC office provided through their portal.

Timelines for Filing a Discrimination Charge 

There are different timelines for filing a discrimination charge with the EEOC depending on where the incident took place. The time limits for filing are between 180 and 300 calendar days. This limit depends on whether there is both a state and local law prohibiting employment discrimination or whether it is just a local law that makes the prohibition. It’s important to read detailed information about the filing process, talk to a lawyer for specific guidance if necessary, and pay attention to various time limits for filing.   

Find a Workplace Discrimination Lawyer to Help in Your Claim 

If you find that you’re the victim of discrimination in the workplace, you’ll want to find a skilled lawyer who can handle your case. Contact 1-800-THE-LAW2 today for a free and confidential consultation. We’ll get you connected to a workplace discrimination lawyer in 10 minutes or less.

Negotiating a Legal Settlement | Car Accident Settlement Examples

Topics covered in this article: How a car accident settlement works. How to get the most out of your settlement. Car accident settlement examples. How to find a car accident attorney near you.

Have you suffered an injury in a car accident? 

If so, chances are that you’re a bit confused, and even overwhelmed, by the prospect of a lawsuit.  Litigation is complicated, of course, and it isn’t always clear what you have to do to obtain the compensation you deserve. 

Sometimes your losses may be particularly substantial. These may include wage loss, medical expenses, emotional distress, pain and suffering, and more. You may wonder: what if I sue the defendant, and lose? 

Fortunately, most car accident disputes in America are not resolved in a win-lose court case scenario.  Most in fact, the large majority estimated at 95 percent or more, legal cases are resolved through a negotiated settlement. This avoids the uncertainty and fear of a failed lawsuit. Curious? Read on to learn more about car accident settlement basics. 

How a Car Accident Settlement Works

So, 95+ percent of car accident disputes are resolved through a settlement. That may seem like a lot, and it is! But, the statistic begs the question: why are most car accident disputes concluded through settlement, and not courtroom litigation

See, litigation is uncertain, expensive, time-consuming, and exhausting. Most parties would rather avoid an extended court case. Parties may think it preferable to settle the case in three months, for example, then to win the case after two years of a expensive, hard-fought courtroom litigation. Perhaps most importantly, success is never guaranteed. 

This uncertainty lies at the heart of every dispute. Suppose that you have a favorable legal claim, and you have a roughly 70 percent chance of winning your case if you move ahead to trial. That percentage may not be enough, however. There’s still a good chance that your case won’t succeed. And even if it does, the court may not award all the damages that you’re seeking. 

Settlement is so common because parties would rather avoid rolling the dice of the dispute. A certain, “fair” amount is preferable to the uncertainty of a trial. It’s the difference between accepting a $70,000 payout for your car accident claims, and rolling the dice on the possibility of securing $100,000 (with a chance that you’ll receive absolutely nothing). 

How Do I Get the Most Out of My Settlement?

Now we know why settlement is so common. But, how can you maximize the settlement offers that you receive from the defendant? Generally speaking, you maximize settlement offers by introducing evidence and legal arguments that:

  1. increase the likelihood that you would “win” your case at trial, and
  2. increase the likelihood that the court would award you the claimed damages. 

This may seem confusing, so let’s use an example to clarify. 

Car Accident Settlement Examples

Suppose that you are injured in a car accident. You sustain serious back injuries, and believe that you have a $100,000 claim. After suing the defendant, you enter into settlement negotiations with them. Thanks to extensive evidence, and an airtight legal argument, you have a 90 percent chance of “winning” your case at trial. Also, your damages are fully supported by the evidence, there is no room for debate there. Under these circumstances, your settlement offers are likely to hover around $90,000, or 90 percent of the claim, reflecting the “risk” of taking the case to trial. 

Now, suppose that the percentages are different. Perhaps the case is complicated, and the evidence scant. There is only a 50 percent chance that you win the case if it were to move ahead to trial. The damages are also believed to be exaggerated, and there’s a 50 percent chance that you would be awarded $100,000 even if you won the case. Under these circumstances, your settlement offers are likely to hover around $25,000, or 25 percent of the claim, again reflecting the “risk” of taking the case to trial. 

Call 1-800-THE-LAW2 for a Car Accident Lawyer Free Consultation 

If you were hurt in a car accident, then the law may entitle you to compensation. However, a legal dispute doesn’t always play out like a movie or tv show. In fact, most cases are resolved through settlement. 

Settlement negotiations can be complex. Securing maximum compensation is the goal of any attorney, but it isn’t always straightforward. To improve the likelihood of a favorable result, you’ll want to work with an experienced car accident attorney who understands how to persuasively advocate on your behalf. 

Call us at 1-800-THE-LAW2 for a free consultation with an experienced network auto accident attorneys. We’ll get you connected in just 10 minutes or less to an accident atto who can help you move forward with your case. 

What is Medical Malpractice? | Lawyers for Medical Malpractice

If you or a loved one received medical attention, and left the hospital in worse condition than you arrived in, you may have grounds for a medical malpractice lawsuit.

When you seek medical attention from a doctor, hospital, clinic, or another healthcare professional or facility, you rightfully anticipate receiving the proper care. You expect that your health will improve or at least be stabilized by seeking medical care. Sadly, this doesn’t always happen for some Americans. Sometimes seeking the healthcare they need, worsens their health and exposes them to medical malpractice. 

What Percentage of Death is Medical Error?

According to the Journal of Patient Safety, there are around 400,000 deaths a year from preventable medical errors. While it’s unclear exactly how many deaths result from malpractice, a 2016 John Hopkins study suggested that medical errors are the third leading cause of death in the United States, just behind cardiovascular disease and cancer. Those who suspect they were injured in a malpractice incident should contact a skilled medical malpractice lawyer as soon as possible.  

What Does Malpractice Mean?

What is malpractice? Malpractice can mean different things in different professions. However, malpractice generally means failure to exercise an ordinary degree of professional skill that results in injury to the patient or client. When malpractice causes harm, victims can often file a malpractice claim against the professional that committed it. 

What is Medical Malpractice?  

Medical malpractice occurs when a health care provider’s professional negligence results in inadequate treatment, which results in patient injury. If a medical professional, such as a doctor or nurse, fails to perform proper medical care in the way a reasonable medical professional would that isn’t congruent with the current standards of care, they have engaged medical malpractice. Medical malpractice cases arise from negligence, recklessness, or sometimes even intentional actions.  

In a successful medical malpractice lawsuit, the injured party or their attorney on their behalf must show that the medical professional’s breach of their duties was the direct cause of their injury.  

What is an Example of Malpractice?  

Medical malpractice can take on many forms and impact all areas of medicine. For example, a diabetic patient needs to have their right leg amputated below the knee. The current standard of care is that immediately before surgery, the patient, or someone on their behalf if they physically or mentally can’t, must place an “X” on the surgical site with a marker. The medical/surgical team must also have a brief “time out” before beginning the surgery to review the type of surgery, the patient’s health history, allergies, and other pertinent information.  

Suppose the pre-op nurse forgets to have the patient place an “X” on their right lower leg before surgery, and the team gets busy and skips their “time out.” The doctor ends up amputating the lower left leg instead of the correct right leg. In this case, medical malpractice has almost certainly occurred. The patient could bring a lawsuit against the surgeon, the pre-op nurse, and potentially other members of the team or hospital. While this might sound like an extreme example, surgery on the wrong body part or side of the body does happen and can have disastrous results. 

Other Common Examples of Medical Malpractice

Most medical malpractice claims fall into 3 categories: failure to diagnose, improper treatment, and failure to warn a patient of known risks. Common medical errors and examples of medical malpractice include:

  • Failure to diagnose 
  • Failure to order proper testing 
  • Misdiagnosis 
  • Misreading, misinterpreting, or ignoring laboratory results 
  • Surgical errors  
  • Performing unnecessary surgery 
  • Wrong medication or dosage
  • Anesthesia errors
  • Lack of or poor follow-up or aftercare 
  • Premature discharge 
  • Failure to take an appropriate patient history or to consider it in their care 
  • Failure to order proper testing 
  • Failure to recognize symptoms 
  • Childbirth injuries 

Malpractice of all kinds can kill patients or leave them with severe injuries or disabilities they may never recover from. The ones who do recover often face a lengthy uphill battle to do so. Medical malpractice impacts patients of all ages and from all socio-economic levels.  

Medical malpractice is typically the result of negligence or the failure to act in a reasonably prudent way given the circumstances and the individual’s professional background. In medical malpractice cases, the injured party or their malpractice attorney must establish a legal basis that includes the four elements of medical negligence. They are: 

  1. Duty of Care
  2. Breach of Duty
  3. Proximate Cause
  4. Damages

Duty of Care 

The existence of a legal duty on the part of the doctor to provide the best care possible to a patient, which typically occurs at the start of the doctor-patient relationship when the doctor assumes care. Duty of care can be measured by the current standard of care in that area of medicine and by what other medical professionals with similar training and background would have done in the same or similar situation.  

Breach of Duty 

A breach of this duty on behalf of the doctor occurs when they fail to adhere to the standards of the profession. That is to say, the medical professional violates their duty of care in some way. For instance, they prescribe the wrong medication or the wrong dose.

Proximate Cause 

Proximate cause is a causal relationship, occurring when the medical professional’s breach of duty resulted in or was the cause of the patient’s injuries. In other words, the patient wouldn’t have suffered the injury if it weren’t for the medical professional’s negligent actions. 

Damages 

The existence of damages that stem from the injury and solicit a claim for compensation. The patient’s injuries caused their damages. Damages typically account for both actual economic loss, such as medical bills and lost wages, and noneconomic loss, such as pain and suffering or scarring and disfigurement. 

What is the Most Common Reason for Malpractice? 

Medical malpractice can happen for several reasons. However, nearly all reasons result from negligence somewhere on the healthcare continuum. While there is never an excuse for medical malpractice and negligence, it can occur because of: 

  • Poor communication among medical staff 
  • Lack of training and experience 
  • Lack of proper protocols and guidelines 
  • Fatigue and exhaustion 
  • Distraction 
  • Carelessness 
  • Staffing shortages/caring for too many patients at once 
  • Alcohol or drug use  

How Hard is it to Sue a Doctor?

You generally have a better chance of getting the compensation you deserve when you have legal representation. You also let the insurance company know you take your claim seriously. Often, these cases can be resolved out of court, but if necessary, your attorney can litigate your claim. If you believe you have a medical malpractice claim, please fill out our contact form, and a qualified lawyer near you will contact you within 10 minutes.  

Typically, these types of cases can be difficult to pinpoint, being that there needs to be a strong legal basis for a medical malpractice lawsuit. According to the National Center for Biotechnology Information, you will need to prove that the physician acted negligently in rendering care, and that such negligence resulted in injury. Injuries or harm resulting from the negligence do not have to be related only to physical and mental pain, but also can be related to lost income and future medical costs.

Why Hire a Medical Malpractice Lawyer?

A medical malpractice lawsuit is very complex and the burden of proof lies with you, that’s why it’s best to get professional legal help. An experienced medical malpractice lawyer knows how to prove negligence, what evidence will support your claims, how to properly examine medical documents, and how to deal with medical companies. If you think you may have a medical malpractice lawsuit, call today and speak to an experienced lawyer about your situation.

Contact an Experienced Medical Malpractice Attorney Today

If you are considering filing a claim and suing for malpractice, it’s in your best interest to have an experienced medical malpractice attorney on your side. Even when the patient clearly has every right to compensation for their injuries, these cases can be uphill battles because large insurance companies would rather fight than pay medical malpractice settlements.  


SOURCES:

  1. Journal of Patient Safety. A New, Evidence-based Estimate of Patient Harms Associated with Hospital Care. Retrieved February 12, 2014.
  2. National Center for Biotechnology Information. An Introduction to Medical Malpractice in the United States. Retrieved February 12, 2014.

Can I Sue For Being Hit By A Truck? | Trucking Accident Lawyers

This article can help you answer or explain the following topics on Truck Accidents:

Large truck accidents killed 4,014 individuals in 2020. Of those who lost their lives, fifteen percent were truck occupants, 68 percent were in passenger vehicles, and the remaining 16 percent were either bicyclists, pedestrians, or motorcyclists. Sadly, 28 percent more people lost their lives in truck crashes in 2020 than in 2009 (the year it was the lowest since fatal crash data collection started in 1975). Additionally, the number of truck occupants who lost their lives was 35 percent more than in 2009.

If you or someone you love suffered severe, catastrophic, or fatal injuries after being hit by a truck, you have legal rights. One of those rights is to file a claim for compensation. If you don’t receive a full and fair settlement offer, you have the right to file a lawsuit to collect compensation. To help you navigate this often complex and lengthy process, it’s in your best interest to hire an experienced truck accident attorney.

Can I Sue For Being Hit By A Semi Truck?

You certainly have the right to file a lawsuit seeking compensation for your damages after being injured in a semi-truck accident. Truck crashes can cause horrific injuries and high-dollar damages for which victims and their families deserve compensation.

However, before filing a lawsuit, you typically must file a claim with the at-fault parties’ insurance company. Depending on the specific details of your case, they may or may not offer you a settlement. If you have hired a truck crash lawyer, they can help negotiate a fair settlement with the appropriate parties. If they fail to offer you such a settlement, your next option is to file a lawsuit to seek a court award for compensation.

Who Is Liable For Your Truck Accident?

Truck crashes are legally complex, partly because multiple parties might be at fault. When more than one party is to blame, they often tend to point fingers at each other, making it even more challenging to reach a settlement agreement between all involved parties. Potentially liable parties in a truck accident include:

  1. Truck drivers
  2. Trucking carriers
  3. Other vendors
  4. Cargo shippers and loaders
  5. Truck and truck parts manufacturers
  6. Government entities and their contractors

Truck Driver

Some truck drivers behave negligently, for instance, by speeding or driving while fatigued or distracted. Truck drivers are also responsible for inspecting their trucks to ensure proper maintenance or cargo loading.

Carriers

Truck companies are responsible for the vehicles and drivers it puts on the road, including hiring and training policies. Suppose they don’t perform thorough pre-employment checks, they could end up hiring truck drivers with poor driving records. And, those records may include DUIs or a history of breaking federal rules surrounding driving a big rig.  

Other Vendors

Depending on the size of a truck carrier’s business, there may be vendors involved that take on outsourced work, such as administrative duties, like recruiting truckers or completing background checks, or truck maintenance, repair, and dispatching work. Vendors can also complete any part of fleet operations. Any of these vendors can be held liable if their negligence contributes to a truck accident.

Cargo Shippers And Loaders

The cargo’s originator, shipper, loader, and transporter – are each responsible for applicable federal and state regulations. If they fail to follow them, they might be held for any injuries they cause.

Truck And Parts Manufacturers

Tire blowouts, problems with the steering or coupling (kingpin) systems, and brake failures can all be caused by defective trucks or parts. Sometimes truck accident claims turn into product liability claims if the manufacturer or distributor has liability for causing the accident.

Government Entities And Their Contractors

Sometimes roadway hazards, including soft shoulders or broken pavement, can cause or contribute to a big rig crash. In these instances, the local or state government entity responsible for that stretch of highway can be held accountable for any negligence. Additionally, negligent maintenance contractors hired by government agencies could be held liable if they performed defective work that resulted in an accident or if they set up a work zone that contributed to truck crashes.

Damages Arising from Truck Crashes

Compensation in personal injury claims, such as one resulting from a truck crash, is based on the injured party’s damages. Damages are a financial representation of the losses, changes, and inconveniences a victim, and sometimes their family suffers due to the actions of the negligent party. Damages can be economic and non-economic.

Examples Of Economic Damages Include:

  • Lost wages and income
  • Property damage
  • Medical expenses
  • Legal fees and expenses

Also known as special damages, economic damages are relatively simple to calculate as they generally have bills, receipts, or other types of proof of value.

Non-economic or general damages can be more challenging to prove as they don’t typically have evidence of their exact value.

Types of Non-Economic Damages Include:

  • Pain and suffering
  • Humiliation
  • Mental anguish
  • Scarring and disfigurement
  • Loss of a body part or bodily function
  • Loss of consortium
  • Loss of enjoyment of life

A full and fair settlement offer should account for both economic and non-economic damages. By working with an attorney, you can maximize your compensation.

A Commercial Truck Hit Me, What Now?

If you have been hurt by a commercial truck, an attorney can help you pursue a settlement or file a claim in court. To be connected with a qualified lawyer near you, call us now or you may fill out our contact form. Once it is submitted, an attorney will contact you within 10 minutes to discuss your case.

How Can a Semi Truck Accident Attorney Help You? | Trucking Accident Lawyers

Commercial trucks and big rigs are essential to the American economy and way of life. Communities all over the U.S. rely on the commercial trucking industry for the goods and products they use every day. As such, virtually all motorists will regularly encounter large commercial trucks on the road. Typically, the vast majority of truck drivers are cautious, experienced, and attentive to other passenger vehicle drivers as well as motorcyclists, bicyclists, and pedestrians.  

Even still, large trucks are inherently some of the most unsafe vehicles on the roadways because of their weight and size. Therefore, it’s imperative that all motorists use extreme caution when driving near large commercial trucks and understand what to do if they are involved in a truck wreck. 

Call 1-800-THE-LAW2 to get a FREE CONSULTATION and Find the BEST Trucking Accident Lawyer Near You.

Truck Accident Laws

You should also be aware of your legal rights after experiencing a big rig crash. While any motor vehicle accident can result in severe damages, semi-truck crashes have a much greater risk of catastrophic and fatal injuries due to the immense force associated with these collisions. If you or someone you love recently suffered injuries and economic losses from a tractor-trailer or other commercial truck accident, representation from an experienced 18 wheeler accident lawyer is the best way to secure full and fair compensation for your damages. 

Truck accident lawyers are professionals of the law who specialize in representing clients suffering injuries and damages as a result of their truck accident. These attorneys will help make the often complex legal process of filing an injury claim and seeking and obtaining the monetary compensation you deserve much easier and sometimes faster. There are many reasons you should consider hiring a truck accident attorney. For example, consider the following things a seasoned trucking accidents lawyers can do in light of your situation. They are:

  1. Represent Your Interests Against Large, Powerful Trucking Carriers
  2. Collect Evidence and File Your Claim
  3. Determine Who is Liable for Your Injuries
  4. Deal With the Insurance Companies on Your Behalf
  5. Fight for the Compensation You Deserve
  6. Knowledge and Experience of the Law and Compensation Policies

Represent Your Interests Against Large, Powerful Trucking Carriers

Many commercial trucks are owned by larger trucking companies and carrier brands, some that have a nationwide, or even international, presence. Considering this, it is no wonder many of these companies have robust and highly successful legal teams, accident firms, and insurance companies to ensure they do not lose much profit if an accident happens. A seasoned trucking accident lawyer can make the legal process of an accident injury claim that much easier. They will stand up for your legal rights and represent you against other attorneys and legal professionals representing the other side. 

Collect Evidence and File Your Claim

Filing a truck accident injury claim can be complicated, confusing, and time consuming, even if you weren’t hurt. If you have serious or severe injuries, it can be even more difficult to navigate the legal process. Your injuries and extreme property damage can also further complicate your claim. For it to be successful, it should include a wide range of information and evidence. A truck injury lawyer can gather essential information and crucial evidence for your claim and file it for safe keeping, as it will be needed throughout the course of your case. Your tractor trailer accidents lawyer is well versed in the different types of information and evidence necessary for a successful claim, and they know how to present it in ways that will result in maximum compensation for you. 

Determine Who is Liable for Your Injuries

A skilled truck accidents attorney will also determine who is liable, or at fault, for your injuries. This might be an easy task in other types of motor vehicle accidents. However, liability in semi-truck collisions can be quite complicated. One or more of the following parties could be at fault for your accident: 

  • The truck driver 
  • The trucking company 
  • The truck manufacturer or distributor 
  • A parts manufacturer or distributor 
  • Cargo shippers and loaders 
  • Vendors hired by the trucking company 
  • Other motorists 
  • Government entities or their contractors 

GET FREE Legal Advice NOW By Calling 1-800-THE-LAW2.

For example, suppose the trucking company hired a truck driver with a history of multiple DUIs. In addition, the cargo loaders failed to secure the truck’s cargo properly. In that case, the truck driver, trucking company, cargo loader, and potentially vendors could all be liable for the damages you suffer in an accident.  

Deal With the Insurance Companies on Your Behalf

Dealing with insurance companies and their representations and adjustors can be stressful, time-consuming, and counterproductive to your healing. Speaking with them can also put you at risk of accidentally saying something detrimental to harm your claim. When you hire a knowledgeable Semi truck accident lawyer, they will deal with the insurance companies on your behalf. You will not need to talk to anyone from the insurance company directly unless your attorney is present to represent you. This can give you the space and time you need to heal from your injuries.  

Fight for the Compensation You Deserve

Large trucking companies often use great lengths to ensure their profit isn’t touched by victims deserving of compensation for their pain and suffering. Hiring a well-versed truck accident attorney can ensure that you are represented fairly and get the maximum compensation you deserve. When you’re not at fault for an accident, you shouldn’t be held accountable for the damages that result. Large trucking companies must be held liable for their negligent and even intentional actions. An experienced 18 wheeler accident attorney will fight for the compensation you deserve, allowing you to focus on healing from your injuries and recovering financially. 

Call 1-800-THE-LAW2 to get a FREE CONSULTATION and Find the BEST Trucking Accident Lawyer Near You.

Knowledge and Experience of the Law and Compensation Policies

After being involved in a big rig accident, it can be quite challenging to organize the legal aspects of the matter, especially if you were severely or catastrophically injured. A truck accident lawyer near me can provide you with vast knowledge of the applicable laws, insurance policies, and compensation regulations. They can also help you calculate the damage and losses you endured, so you can obtain fair and accurate compensation. 

Connect with a Truck Accident Lawyer Today

As an accident victim, it’s in your best interest to retain a lawyer immediately. To connect with a qualified truck accident lawyer near you, fill our contact form. An attorney will be in touch within 10 minutes to discuss your case. 

Take Action Against Wrongful Termination Because of Covid-19 | Employment and Labor Law Attorneys

The pandemic has lasted for more than two years, but with medical advances and new variants reducing the severity of Covid-19 illness, employers have started to take the virus less seriously. Employees are increasingly realizing that they could face wrongful termination for having to quarantine or taking time off due to getting sick from Covid-19

Fortunately, under some circumstances, getting fired for having Covid-19 can give rise to a legal claim against your employer. This may be a bit difficult to understand, so let’s explore some basic issues. 

Call 1-800-THE-LAW2 for a free consultation with a labor law attorney today.

Topics and questions this article can help to answer:

Did You Face Wrongful Termination for Covid?

Can you get fired for having Covid? As the pandemic slowly normalizes, workers are increasingly finding that their employers are pressuring them to work despite getting Covid. Sometimes, a particularly “bad” employer will threaten to fire, or unfairly dismiss, employees who get Covid and decide not to come into work. This is unacceptable behavior. 

If you experienced unfair dismissal from Covid or were fired for having to take time off to recover from being sick, then your employer could potentially be found liable for wrongful termination for Covid. But, only if you don’t have medical days left to take off. 

Covid, Wrongful Termination And FMLA Leave

It’s important to understand that the United States does not actively protect sick workers from the bad behavior of their employers, even if they have an infectious disease, such as: Coronavirus. You can only claim wrongful termination for covid or unfair dismissal if your employer illegally fired you when you still had medical leave, as this is considered a violation of the Family Medical Leave Act (FMLA).

If you already used up your annual medical leave, however, then your employer is legally entitled to fire you for missing work due to Covid.

Find the best lawyer for wrongful termination for Covid near you.

Covid Discrimination At Work

That being said, all is not lost. If you were fired due to getting Covid, it is possible that other workers did not face wrongful termination despite getting Covid-19. And, it’s also possible that these employees have no medical leave. In that case, you may be able to show that you were wrongfully terminated for retaliation or some other discriminatory reason, such as your age, gender, race, religion, and so on. This in turn, would entitle you to a lawsuit against your employer for discrimination or retaliatory behavior.

Taking Time Off From Work For Covid

It’s also worth noting that even if you have no Medical Leave left at work, if your employment contract gives you the right to take time off due to Covid-19, your employer cannot violate that right. They could be found liable for wrongful termination for Covid, in that case.

Find a labor lawyer near you.

Can I Sue My Employer If I Get Covid?

This is an important and common question: can you sue your employer if you get sick with Covid on the job? It depends. First, in order to successfully sue your employer for damages, you would have to show that you suffered losses due to Covid. If you were not severely ill, or otherwise didn’t suffer any major, long-term consequences, then you may not even have any losses to claim as damages in a lawsuit. 

For example, suppose that you get Covid while at work. You get sick for 4-5 days, and the illness is relatively minor. You don’t experience any long-term effects as a result of being sick. Under these circumstances, there are no real losses to claim. 

Can I Sue A Company For Putting Me At Risk For Long Term Covid?

Let’s assume that you do have long term losses. Perhaps your experience with Covid was severe, you have long term Covid-19, and you sustained long-term harm to your lungs. You’ve permanently lost lung capacity, and now will be unable to engage in regular exercise. Your physical and mental health are now impacted for the rest of your life. Under these circumstances, you could potentially sue your employer for damages. However, you would still have to show that your employer is at fault for exposing you to a heightened risk of Covid. 

Covid Negligence Lawsuit

Whether your employer exposed you to a heightened risk of getting Covid depends on a number of circumstantial facts. For example, if your employer pressures your co-workers to come into work even when they’re sick, that would potentially be enough to find them liable. If your employer is negligent, doesn’t provide masks, or discourages employees from wearing masks at work, that could also be enough to find them liable.

Call 1-800-THE-LAW2 for a free consultation with a labor law attorney today.

Were You Fired Illegally During the Covid-19 Pandemic?

If you’ve been fired from your job due to you getting sick with Covid-19, or in some way related to protocols for Covid-19, then you may have a right to sue your employer for damages. In certain cases, a Covid firing may qualify as wrongful termination, and is against the law.

Covid-related legal actions can be complex and difficult to understand. For that reason, it’s critical that you work with a wrongful termination lawyer who can help you navigate the legal dispute effectively. 

Call 1-800-THE-LAW2 for a Free Consultation

Call 1800THELAW2 for a free and confidential consultation. We’ll get you connected to one of our experienced network attorneys for accident or injury cases in just 10 minutes or less.

When Will Workers Comp Offer a Settlement? | Find a Work Injury Lawyer Near You

Whether you work on construction sites or in a downtown office on the 99th floor, all employees run the risk of sustaining a work illness or injury. Although some professions face a greater risk compared to others, that doesn’t mean employees in “less risky” jobs should have their workers’ compensation cases neglected or devalued. In case of an injury while on the clock, you’re entitled to workers’ compensation benefits to pay for your medical costs and lost wages. These benefits often come through regular workers’ compensation insurance that is covered by your employer’s insurance company. But what if you receive an offer for a lump sum settlement instead?

Questions that this article can help to answer:

How Soon Will the Insurance Company Offer a Workers’ Comp Settlement? 

If you are awaiting a workers’ comp settlement offer, it’s imperative to understand the factors in play. From an outside perspective, workers’ compensation settlements might sound enticing. For example, you receive one lump sum (sometimes hundreds of thousands of dollars), which you will then use to help pay for your medical costs and lost wages. You get to pocket anything that might be left over. It might sound like a great offer; however, these offers always warrant a second look and the opinion of an experienced workers’ comp attorney. 

Reaching a Workers’ Comp Settlement  

Suppose an employee has fully recovered from their illness or injury and has returned to work without any remaining bills or unpaid benefits. In that case, their workers’ compensation claim can be closed. However, sometimes a claim requires a negotiated settlement between the injured worker (and their attorney) and the insurance company. 

This process usually starts with the insurance company and the employer making an offer for payment to the employee. Depending on the type and extent of the employee’s illness or injuries, the settlement offer might include payments for: 

  • Unpaid benefits or medical bills 
  • The costs of any necessary future medical treatment 
  • A disability award if the worker is permanently impaired 

Types of Workers Compensation Settlements

There are two types of Workers’ Compensation settlements. They are: 

Lump Sum Payment

A single payment for all medical costs and benefits the employee claims. In some states, the injured worker may have to agree not to pursue any future compensation related to the same injury. 

Structured Payment

The settlement monies are divided into scheduled payments over a specified amount of time. A structured settlement might include a separate medical account to pay for any necessary future medical care. 

How Is a Workers’ Comp Settlement Determined? 

Before agreeing to a settlement, the employee and their lawyer should calculate what they believe the claim is worth. It should at least be enough to cover past medical care and future medical costs for the injury. Other factors that can impact the settlement include: 

  • Medical bills 
  • The need for future medical treatments, including surgery or physical therapy 
  • Previously lost wages or future wage loss 
  • Temporary or permanent disability payments 
  • Attorney fees 
  • State workers’ compensation statutes and restrictions 

Once the calculation is finalized, the employee and their attorney will negotiate with the insurance company. The final settlement is frequently a compromise between the insurance company, employer, and the injured employee under the advisement of their attorney. 

It’s a common requirement in many states to have a workers’ compensation judge review each settlement before it’s finalized. Although the judge will consider if it is fair to the employee, it is still in the employee’s best interest to have a workers comp attorney on their side to protect their rights. 

How Much Should a Workers’ Comp Settlement Be Worth? 

Calculate Workers Compensation Settlement

Workers’ compensation settlement amounts are typically based on what the case is likely to cost the workers’ compensation insurance company if the case fails to settle. Most of the time, the insurance company wants to reach a settlement before you get to the point of what is known as Maximum Medical Improvement (MMI). Once you reach this point, you will likely have a good idea of your future medical expenses, which means you will have a better idea of what your case is really worth. If the insurance company can get you to accept a low workers comp first settlement offer, they will most likely pay less for your claim. That’s wonderful for them but terrible for you.  

Workers Comp Settlement Amounts

How Long Do Most Workers’ Comp Settlements Take?

The truth is that it varies. For claims involving relatively minor injuries, a workers comp settlement offer letter won’t take as long. However, it can take longer for those with severe or catastrophic injuries. What’s more important than how long it takes to receive a settlement, is that you are receiving a fair settlement

While you may be relieved to receive an early settlement offer, it’s not always in your best interest to accept an early offer. Here are three instances in which a longer case settlement may be beneficial:

  • Concerns about paying for medical bills
  • Unable to go to work
  • Affording medical expenses related to your injury at work

An Early Settlement Doesn’t Necessarily Mean a Fair Settlement

In fact, it is never in your best interest to accept an offer without discussing your case with a qualified workers’ compensation lawyer. An experienced attorney will have a pretty good idea of what a fair settlement should be in your case. They can let you know if you should settle at this point or hold out until you receive a better offer or reach MMI.  

You should also keep in mind that waiting until most or all of the anticipated benefits you can receive have been paid out will make the value of your case lower than it could have been if settled earlier. 

How Do I Find a Labor Lawyer Near Me? 

If you have questions about work injury lawsuit settlements or other aspects of a workers’ comp claim, 1-800-THE-LAW2 has a network of local attorneys with answers. You can find an experienced labor lawyer or workers’ compensation lawyer near you by completing our online form for free consultation. Once submitted, a licensed workers’ comp attorney in your area will call you within ten minutes to help you with your workers’ comp case. 

You can also give us a call for FREE legal consultation. We are open 24/7. 

Suing Nexplanon | Understanding the Nexplanon Lawsuit in 2022

Birth control implants require an invasive procedure that can sometimes lead to complications and injuries due to medical malpractice, resulting in civil lawsuit cases like Nexplanon lawsuits in 2022. These complications and injuries are totally preventable, in many cases. If you’ve suffered an avoidable injury from an IUD, birth control implant or other contraceptive device, then chances are high that you have an actionable legal claim. 

In other words, you may be entitled to sue for damages

The pain and financial distress you have suffered due to your injuries could qualify you for significant compensation. But filing a claim against a large medical manufacturer is not a simple task. We encourage you to call us at 1-800-THE-LAW2 to get connected to an experienced attorney who can help you get paid

Topics and questions this article can help you answer:

What Is Nexplanon? 

Nexplanon devices are birth control implants that provide users with a continual stream of etonogestrel, which prevents pregnancy. The contraceptive implant is placed into the arm, and, as such, it is not an IUD (intrauterine device). It can work for up to five years.

How Does Nexplanon Work?

While it is in place, progestin production slows down, which prevents the release of ova. The implant also prevents pregnancy by thickening the mucus in the cervix, and stopping sperm from making it to the ova. It is not a permanent birth control solution, people who have the implant removed can get pregnant afterwards.  

Nexplanon Is Not Appropriate For Everyone 

Nexplanon implants are not appropriate for everyone, there are serious safety concerns that your physician has to consider before installing it. 

When determining whether you have an actionable claim against your physician for medical malpractice, your attorney will investigate the case to see if your health was assessed comprehensively. This means that if there were any signs of:

  • liver disease
  • blood clots
  • tumors
  • progestin-related cancer
  • irregular vaginal bleeding
  • allergies to any of the device components

Then, the contraceptive should not have been installed, nor had continued use, and should have been removed. If your physician knew or should have known about these issues, but installed the device anyways or did not remove it, then you could potentially obtain compensation. 

Nexplanon Is Approved by the FDA 

Nexplanon stems from an earlier contraceptive device called Implanon. It was approved by the FDA in 2006, but the approval process for it took three years. This process was prolonged, because clinical studies showed that Implanon’s effectiveness was compromised.  

After several studies showed irregularities that were seen as red flags to authorities in Europe, officials were asked to provide information about efficacy and safety on the product’s label. Following the release of these studies, the FDA told the parent company, Organon, that Implanon could not be approved due to the illegitimacy of the studies that found the product safe.  

Despite all these issues, Implanon was approved in 2006, with a caveat from the FDA. It required Organon to conduct a study of 5,000 women, to discern any negative effects that the device might cause. Though a range of side effects surfaced, in 2011, Nexplanon gained approval anyway.  

What Are the Risks of the Implant?

Nexplanon Risks and Side Effects 

The arm implant for birth control has a broad range of risks and side effects that can prove fatal in some instances. They are: 

  • Headaches 
  • Deep vein thrombosis 
  • Blood clotting 
  • Abnormal menstruation  
  • Nausea and vomiting 
  • Ovarian cyst development 
  • Strokes 
  • Heart attack 
  • Irregular weight gain 
  • Depression 

Nexplanon Bleeding and Blood Clots, a Dangerous Side Effect

One of the most serious side effects for the Nexplanon implant is bleeding. When blood clots form in veins and break away, there is a potential for serious injury or even death. 

For example, deep vein thrombosis can occur when blood clots form in the veins, break away, and travel to the lungs. If this condition is not treated early, the victim may experience heart attacks, strokes, and more.  

What Problems Can the Implant Cause?

The Problem With Nexplanon 

It’s clear that Nexplanon implants have been linked to potentially life-threatening conditions, compromising the health and safety of its users. In many cases, the birth control manufacturer failed to warn patients about these risks. Because they were unaware of what may happen to them, many patients have an actionable claim for damages.  

6-Figure Nexplanon Lawsuit Settlement Won

In Beaufort County, one woman won more than $500,000 after suing a clinic for improperly placing a Nexplanon implant into her arm. Although the implant was eventually removed by the same clinic, the 2021 Nexplanon lawsuit states that the woman suffered nerve damage that caused permanent injuries. 

This case sets a precedent for others who were injured by improper Nexplanon insertion. Those who were not alerted of the dangers and risks associated with the device stand to recover compensation through a Nexplanon lawsuit today. 

Can I Sue a Birth Control Implant Company?

Liability in Birth Control Lawsuit Cases 

If your birth control caused serious injury, due to side effects or device failure, you may be entitled to compensation. Potential defendants include: 

  • The medical facility who offered you the implant 
  • The manufacturer of Nexplanon devices 
  • The doctor or nurse practitioner who installed the implant 
  • And others 

Reasons to file a Nexplanon Lawsuit 

If you experienced side effects from Nexplanon, you may be entitled to compensation in a Nexplanon Lawsuit. Reach out to a skilled civil lawsuit lawyer near you today for a case evaluation. The personal injury lawyer free consultation comes at no cost to you. Call 1-800-THE-LAW2 to get started.

How Do I Find a Personal Injury Lawyer Near Me?

Call us at 1-800-THE-LAW2 for a free consultation. We’ll get you connected to an experienced personal injury attorney for medical malpractice who will evaluate your case and help you move forward.

Working with an attorney costs nothing. There are zero out-of-pocket costs. You only pay a “cut” of what you eventually obtain. At 1-800-THE-LAW2, our attorneys only get paid if and when you get paid. 

What Happens If an Employer Does Not Report an Accident in a Timely Manner?

Getting hurt at work or suffering a work-related illness or repetitive use injury is serious business. You know it is, and your employer should see it that way too. In fact, the law instructs them to do so by setting specific requirements forth for them to follow. It’s your responsibility to report your workplace illness or injury to your employer as soon as possible. However, some workers don’t make a report right away because they didn’t notice their injury initially or didn’t think their injury was severe enough to warrant making a report. 

Questions this article can help you answer:

When Should You Report a Workplace Injury? 

Any workplace accident or injury should be reported to your employer as soon as possible. Since doing so is a crucial step in any potential workers’ compensation claim, it shouldn’t be skipped. If you report your injury, it turns out to be mild, and you don’t want to pursue a workers’ comp claim, you don’t have to. It’s better to report the injury or accident and not need the report than not to report it and have missed a critical deadline or step. 

How Long Do You Have to Report a Workplace Injury?

Workers’ comp laws and guidelines vary from one state to the next and even between employers, making it imperative to report accidents and injuries as soon as possible. Some employers even have a 24-hour deadline. If you don’t make a good faith effort to report what happened as quickly as possible, your employer or their insurance company can say that your injury didn’t occur at work or wasn’t work-related.  

For instance, suppose you hurt your back by lifting heavy boxes at work. You’re in pain, but your injury doesn’t seem serious at the time, so you don’t report it to your employer. Your pain becomes more intense within a few days, and you have difficulty moving around. You go to your doctor and are diagnosed with a serious back injury that requires time off of work. In that case, your employer or their insurance company may deny your workers’ comp claim because the incident wasn’t reported immediately. 

What About Overuse Injuries? 

Some injuries occur over time and don’t arise from a one-time incident or accident. Carpal tunnel syndrome, for example, can occur due to overuse and repetitive movements of the hand and wrist at work. There is no one incident to report. However, the employer should report what is going on as soon as they suspect there is a problem or they receive a diagnosis. The same goes for workplace illnesses. If you suffer an illness that you suspect arose out of your employment, report it as soon as you know or suspect there is a correlation. 

When Should a Workplace Injury Be Reported?

Injury and Accident Reporting Procedures 

All workers’ compensation claims are no-fault claims. As such, neither you nor your employer is at fault for your injuries. It doesn’t matter if there was negligence. You still have the right to receive compensation for your injuries. In addition, state and federal protections are in place to protect you from potential employer retaliation.  

Once you report your injury, the process of getting the medical treatment and compensation you deserve should speed up. When you report your injury, your employer should assist you in completing a detailed injury report to ensure you get the help you need. 

However, if your employer doesn’t ask you for further details about your accident or injury or that you complete any paperwork, such a lack of action can be seen as a red flag. It might mean that they don’t intend to report your injury officially. 

What Happens If an Employer Does Not Report an Accident? 

Once you report your injury, accident, or illness to your employer, it becomes their responsibility to report it to your state Department of Labor. You can’t report it yourself; however, you can take steps to ensure that your employer does. Suppose you find out that they haven’t reported it or don’t plan on reporting it. In that case, you need to act quickly and contact an experienced employment law attorney who can help. If your employer did not report an injury in a timely manner, it could impact your claim, but they can also face the consequences. 

What Is the Workers Compensation 90-Day Rule? 

While workers’ comp laws and systems differ between states, the workers’ compensation 90 day rule generally refers to an employer having 90 days to determine if they will accept an employee’s injury claim. Typically, within 14 days of receiving an illness or injury claim form, the employer must decide if they will accept, reject, or delay a decision regarding an industrial injury claim.

Who Pays for on the Job Injuries?

If the workers compensation claim is delayed, the employer has 90 days to decide what to do. The good news is that even during this delay, they must furnish up to $10,000 worth of medical care to the injured worker. 

State Disability Insurance and Wage Loss

If an employee can’t work because of the injury, and they pay into the State Disability Insurance (SDI) system, or they have other disability policy through work, they should apply for these benefits to use at this time. The employer isn’t required to pay temporary disability benefits for wage loss during the delay period.

If, after 90 days, the employer still hasn’t made a decision, most states will presume that the claim is accepted and the injury is compensable. Most states uphold this rule. Furthermore, the courts won’t allow an appeal unless new evidence is presented.  

What Are My Rights If I Have an Accident at Work?

Get Help With Your Workers’ Comp Claim Today 

If you recently filed a worker’s compensation claim, you must know your rights. One of these rights is to have your claim handled in a timely manner in accordance with state and federal laws. If your claim isn’t being addressed in this way, it’s essential to have a knowledgeable advocate on your side to fight for your rights. Get a free consultation by phone with an employment attorney consultation by completing our form now. A locally licensed lawyer will call you within ten minutes to discuss your circumstances.  

Our experienced attorneys are ready to help you with your case. You have nothing to lose by reaching out for a FREE consultation. Call us today! 

What is the Average Semi Truck Accident Settlement? | Truck Injury Lawyer

Semi truck accidents can cause significant damage. Due to their size and weight, most semi trucks have the potential to cause severe and life changing injuries, in the event of an accident. When a collision with a semi truck occurs, the victims may suffer injuries that cause them to incur substantial physical, emotional, and financial losses.

If you’ve been harmed in such an accident, then you’re probably curious as to whether you’re even owed compensation, and what is the average semi truck accident settlement that you can expect. Contact 1-800-THE-LAW2 to get connected with a truck injury lawyer near you.

Read on to learn more about how semi truck accident settlements are valued, and what you can do to maximize your compensation. Click on any of the topics to go directly to the section.

Seeking Compensation After Truck Accidents  

Who May Be Responsible?

The process of seeking compensation after a semi or commercial truck accident is somewhat more complex than the process after a “normal” car accident. Here are three ways trucking accident claims differ from auto accident claims.

  1. Semi truck accidents are usually more severe
  2. Trucking accidents often involve a third party
  3. Truck companies can have complicated commercial insurance policies

How Truck Accidents Are Different from Car Accidents

Trucking Accidents Are a Serious Issue

Semi truck accidents tend to be more severe. The losses are more comprehensive and substantial. As such, the stakes are high. It’s not enough to simply accept a low settlement payout and move on, you need to be compensated to the maximum possible extent, because your life may have been changed entirely. 

Third Party Liability in Trucking Accidents

Trucking accidents often involve a third-party. This can complicate the litigation, as you may have unique claims against one or more different parties. 

Third Party Examples

Examples of a third party for tractor trailer accidents are:

  • the employer
  • a warehouse
  • a loading company
  • and so forth

Complicated Commercial Insurance Policies for Trucks

Trucking companies typically make use of large-scale commercial insurance policies that can be difficult for the average person to navigate. Given this complexity, it’s absolutely critical that you seek proper legal assistance. 

What Are the Benefits of Hiring a Trucking Accident Attorney?

Accident claims for trucks and truck drivers require specialized, experienced advocacy. At 1-800-THE-LAW2, an accident lawyer costs nothing. There are zero out of pocket costs. Your truck accident lawyer will only take a “cut” of your overall accident compensation, which will likely be much higher than it would have been had you attempted to handle the injury case yourself. There’s no downside to working with a semi truck accident lawyer, it’s simply how the system works. 

Average Semi Truck Accident Settlement

Legally, semi truck companies are required to carry insurance, and these policies have substantial coverage. Because of this, the “average semi truck accident settlement” is relatively high compared to most small vehicle settlements

What Kind of Damages Can Be Awarded?

Every accident is different, so an “average” will not provide any real insights into what you stand to recover through a semi truck accident lawsuit. Instead, we can tell you what damages you may be entitled to in your accident claim. 

These damages include accident compensation for: 

  • Loss of quality of life 
  • Property damage 
  • Punitive damages 
  • Pain and suffering 
  • Medical expenses 
  • Lost income and wages 
  • Loss of future compensation 
  • Emotional distress 
  • And more 

These losses are added up to determine the total value of your settlement. Have a personal injury lawyer review your semi truck accident lawsuit and the documentation of your losses to calculate a reasonable settlement expectation. 

Work With a Seasoned Semi Truck Accident Attorney 

An experienced lawyer can increase the odds that you recover the maximum possible compensation in your commercial trucking accident. It’s important to work with someone who understands the complexities of personal injury law and who will serve your interests passionately. 

Here at 1-800-THE-LAW2, our network includes experienced attorneys for semi truck, commercial truck, tractor trailer, and big rig accidents who are committed to helping injured victims obtain compensation and move on with their lives. They will work tirelessly on your behalf. 

Call us today for a free consultation and to find an attorney near you.

Uber Lawsuit: How Lawsuits Against Ridesharing Companies Work | Uber Accident Lawyer

Rideshare services like Uber and Lyft have seen a rapid rise in popularity in recent years, and for good reason. These companies have disrupted the transportation industry, offering a convenient alternative to traditional taxi services and public transportation. 

However, despite the fact that ridesharing companies have innovated the transportation industry, they have also created new types of personal injury claims. For those who have been hurt in an Uber accident, this is not necessarily a bad thing. Regulation has created new opportunities for injured victims to obtain compensation in a rideshare dispute. 

Have you been injured in a rideshare accident? Call us today to schedule a free consultation with an Uber accident lawyer.

We encourage you to file an Uber accident lawsuit to recover damages. This may seem confusing, so let’s take a moment to explore the basics. In this article, we cover:

What is an Uber Lawsuit? 

Uber lawsuits fall under the umbrella of motor vehicle accident lawsuits. They are brought by those who suffer injuries in an accident involving an Uber driver, and can be filed against Uber, the driver, or both. In some cases, Uber accident claims are brought against third-parties, such as the vehicle owner, or another driver involved in the accident. 

As in any personal injury dispute, the plaintiff (the injured individual) seeks compensation for the losses they sustained in the accident. Compensation must account for injuries, lost wages, and medical expenses, among many other losses. In some cases, the plaintiff may even have the option of pursuing “bonus” punitive damages that can multiply the total compensation; this can lead to a multimillion dollar lawsuit

How Does an Uber Lawsuit Work? 

An Uber accident lawsuit works similarly to any personal injury lawsuit. Click on any of the steps to learn more about the lawsuit process.

How Do You File a Complaint Against Uber?

The process begins when the plaintiff files a complaint with the court. The complaint outlines the facts and asserts that the defendant is liable for the plaintiff’s injuries. 

What Does It Mean When Someone Summons You?

Once the complaint is filed, the court will issue a summon, which requires the defendant to appear in court and answer the allegations. If the defendant does not appear, the court gives a default judgment against them. 

What Is Discovery in a Case?

The case proceeds to discovery, where both sides exchange information and documents to support their case. Motions and pretrial conferences follow. 

What Comes After the Discovery?

Throughout the entire litigation process, and even before the case is officially filed in court, the parties have the opportunity to negotiate a settlement and end the dispute early. If they cannot settle the case, it advances to trial. The jury listens to the evidence from both sides, then renders a verdict. If the jury finds in favor of the plaintiff, they award damages. The damages can be structured in the form of a lump sum or a multi-stage settlement. 

Due to unique regulations and requirements imposed on rideshare companies, disputes tend to favor plaintiffs. As such, if you’ve been injured in an Uber lawsuit, it’s absolutely worth pursuing compensation. 

How to Recover Damages in an Uber Car Accident

To successfully recover damages, the plaintiff must prove that: 

  1. The defendant was negligent, and 
  1. The defendant’s negligence caused or contributed to the plaintiff’s injuries. 

What is Uber’s Liability in an Accident? 

Uber and other ride share companies have generally disclaimed liability in accidents, as they argue that their drivers are not actually employees. Because their employees are independent contractors, Uber is not liable for the negligent actions of their employees. This falls under the doctrine of vicarious liability. 

That being said, Uber can still be held liable for damages if you, the plaintiff, can prove that the company is independently negligent. For example, if Uber knew that a driver was an alcoholic, and still certified them to join the app as a driver, then they could be held liable for allowing that person to drive for them. 

Uber Settlement Checks 

How Long Does an Uber Settlement Take?

In an accident with an Uber or Lyft driver, you might be able to negotiate a settlement and resolve your dispute early. The settlement amount depends on the case facts, injury severity, and other factors. 

How Much Does an Uber Settlement Come Out To?

If you have a strong case, it is possible to negotiate a larger settlement. Generally speaking, the more “certain” it is that you’ll win your case, the larger your settlement amount is likely to be. It’s critical that you do not accept any settlement offer until you have consulted with an experienced rideshare accident attorney. Why? Once you accept a settlement, you cannot sue Uber again for the same claims. So, make your claims count. 

Rideshare Insurance Coverage 

Strict regulations have forced ride share companies to purchase extensive insurance coverage for their drivers. Most rideshare app companies have liability policies covering a minimum of $1 million in damages, and some have more. 

What Does Rideshare Insurance Cover?

Rideshare insurance covers the driver, passengers, pedestrians, and cyclists hit by a rideshare vehicle. This makes it a lot more straightforward for victims to receive accident compensation, as there is an accessible cache of financial resources to recover from. 

Does Uber Pay for Accidents?

If you file a ride share dispute claim after an accident, it’s likely that you will be receiving damages through the ridesharing app company’s insurance policy. Of course, insurance companies are not necessarily going to accept your accident claims. So, there will likely to be a legal battle over liability. There are also situations where the rideshare company’s policy simply does not cover an accident. 

For example, suppose the driver was not logged into the app at the time of the accident. In that case, the rideshare company’s policy may not cover the accident, and you’ll have to seek alternative means of recovery. 

The Current Class Action Uber Lawsuit 

Are there any class action lawsuits against Uber? In recent years, there have been many high-profile lawsuits and scandals involving Uber. Most notably, Uber has been embroiled in a class-action lawsuit over its treatment of drivers. This case is ongoing, even in 2022, and we’ve yet to see how it will impact Uber and the rideshare industry. 

Uber drivers collectively brought the class action lawsuit, seeking to expose Uber’s: 

  • Misclassification of drivers as independent contractors 
  • Failure to pay drivers’ minimum wage 
  • Failure to provide Uber drivers with federal and state protection 
  • Unlawful deduction of fees from Uber driver’s paychecks 

You are entitled to financial compensation if you are an Uber driver who has been treated unfairly. Curious about your legal rights? Consult an attorney to join the class action lawsuit against Uber

Suing Uber or Lyft? Let us Help 

If you’ve been injured in an Uber or Lyft driver accident, you are entitled to compensation from the rideshare company or the driver. Rideshare companies have many resources and will fight hard to protect their interests. You need an experienced attorney for car accidents to help you navigate the legal process and maximize your chances of receiving a fair settlement. 

Connect With an Experienced Rideshare Accident Attorney

At 1-800-THE-LAW2, we have over 35 years of experience fighting for the rights of accident victims. We operate a network of experienced personal injury lawyers familiar with Uber and Lyft lawsuits

If you have been injured in an accident with an Uber or Lyft driver, call us today for a free consultation. We’ll help you understand your legal rights. Let our attorneys for car accidents fight for you while you focus on healing. 

Birth Injury Lawsuit | Birth Injuries Lawyer

If your child was injured during labor and delivery, then you may be entitled to compensation under the law, this is known as a birth injury lawsuit. Success will vary from case-to-case, depending on the circumstances.  In most cases, you’ll have to prove that the medical professionals involved were negligent, or engaged in medical malpractice

Lawsuits aren’t always straightforward, and the consequences of an injury can be severe and lifelong. As such, the “stakes” are high. We encourage you to work with experienced birth injury attorneys for guidance.  

If you aren’t sure whether you have the right to pursue a birth injury lawsuit, it’s worth consulting a lawyer.  Here at 1-800-THE-LAW2, our birth injury attorneys offer free and confidential consultations, so you can have your case evaluated with no downside. You’re not required to move forward with your case if you don’t feel like it. 

Of course, we understand that you may want to learn a bit more about the law before you talk to an attorney. This article explores some basics of the birth injury lawsuit process:

What Are Birth Injury Lawsuits? 

Birth injury lawsuits are a legal means by which you can secure compensation for the losses that you and your child incurred due to a birth injury. They can be filed against a hospital, doctors, and other medical professionals who were negligent during pregnancy, labor, or delivery. 

It’s worth noting that the large majority of lawsuits end in a settlement. That being said, some defendants may be hostile, or otherwise unwilling to make a reasonable settlement offer. In these cases, the dispute will likely proceed to trial litigation.  

When Should I File a Birth Injury Lawsuit?

A birth injury lawsuit should be considered if you believe that someone else’s negligence caused or contributed to your child’s injury. Medical professionals can make many mistakes that lead to birth-related injuries. Consider a situation where a nurse uses forceps to grip your child’s head, but squeezes too hard. This can cause a skull fracture or even brain damage to the child. You’d have every right to be frustrated and angry with the medical team who was responsible for ensuring the safe delivery of your child. Frustration is not enough, however. You may be entitled to compensation for injuries sustained during the birthing process.

It’s worth noting that birth injuries don’t exclusively involve injuries that occur during labor and delivery, they can also involve injuries that occur shortly after birth. If a doctor fails to diagnose a condition in your newborn baby, for example, this misdiagnosis can cause your baby to suffer long-term. Under these circumstances, you could potentially have a legal claim against the doctor.

Birth Injury Example

For example, suppose that a mother goes through complicated labor, and this results in nerve damage to the baby. Further investigation may reveal that the doctors failed to recognize that the complications warranted a C-section delivery. Under these circumstances, the doctors could be considered medically negligent and therefore liable for damages.

Types of Lawsuits for Birth Injuries

Birth injuries vary in scope from case to case. 5 common birth injury types, or categories, are: 

Cerebral Palsy

Cerebral Palsy, or CP, is a movement condition that is caused by brain damage. It results in painful and spastic muscle activity, slowed development, and other cognitive impairments.  

Skull Fractures

Placing too much pressure on the skull can cause fractures that can potentially lead to brain damage, bleeding, and other dangerous complications. 

Brain Damage

If there is asphyxiation during birth, your child can suffer permanent brain damage. This may result in cognitive impairment or changes in behavior that won’t be seen until later. In severe cases, brain damage can even lead to paralysis.  

Spinal Damage

Mishandling of the baby during labor can cause spinal damage that leads to further health complications. While this is less common than brain damage, it is a serious situation that warrants a birth injury lawsuit.  

Nerve Damage

Nerve damage can cause paralysis, loss of sensation, and physical weakness over time. Depending on the set of nerves that are damaged, this can lead to a form of palsy, like Erbs Palsy.

What To Expect From the Birth Injury Lawsuit Process

Although every personal injury lawsuit is different, there is a legal process, or litigation, for pursuing your injury claim. If you know what to expect from your case, you will be better equipped to successfully navigate the litigation process. The process includes 3 steps. They are:

  1. File a legal claim
  2. Wait for a response
  3. Negotiations or trial

How to File a Birth Injury Lawsuit Claim

To begin the process, you must first file a legal claim. The aid of an attorney is beneficial at this stage, as they will help you determine what factors are crucial to a successful claim. A birth injury attorney can also help you make sure that forms are filled out correctly and that you are in compliance with any applicable statutes of limitations or deadlines for filing. Your lawyer will also help you identify what economic and non-economic damages you are due. 

What Happens After You File a Birth Injury Claim?

Once your claim has been filed, you need to wait for the defendant to respond. Their response will either involve them accepting the claim and entering into negotiations or denial of the claim. In instances where the defendant denies your claim, you have the right to take them to court to pursue total compensation.  

Birth Injury Lawsuit Settlements

Negotiations or Trial?

A majority of birth injury claims are settled without any need to go to court. If you have a lawyer with you during the negotiation process, your odds of reaching a successful compromise are higher. Though, you should never accept a low settlement just because you are in need. Instead, rely on your legal team to help you acquire a fair and equitable settlement from the negligent party.

If your claim was denied, your case will go to court. Throughout this process, your legal team will provide you with a variety of services, including research and evidence collection. It could take months to finish this process, so be prepared to wait a long time to go to court. Once discovery is done, the trial will begin. A judge will hear both sides and determine whose case is stronger. If the judgment is made in your favor, you will be awarded compensation for your losses

Contact an Experienced Attorney About Your Birth Injury Lawsuit Claim 

You cannot go back in time to prevent birth-related injuries, but you can seek justice and financial compensation for the pain and suffering caused. It’s important to get a birth injury lawyer involved in your personal injury case at an early stage. If you wait too long, you could miss important filing deadlines, preventing you from recovering damages altogether, so don’t delay! 

Contact us at 1-800-THE-LAW2 or fill out our online contact form for a free and confidential consultation with an experienced birth injury attorney. We’ll connect you in just 10 minutes or less

Settlement 101: Maximize Your Chances of Winning a Personal Injury Lawsuit 

If you’ve been injured in an accident, you may be confused, overwhelmed, or curious about the possibility of a personal injury lawsuit and the odds of winning a case, or reaching settlement. We understand completely. The general public holds many misconceptions about personal injury law and the litigation process. In an effort to make it easier to understand, let’s take a moment to explore the concept of personal injury settlements

You don’t have to worry about “winning.” Compensation is available through a settlement compromise with the defendant, the side that’s at fault for your injuries. Even though popular TV shows and movies have led the public to believe that a courtroom dispute is normal, settlement is much more common than trial litigation in court.

How do settlements work, and why are they so common?  Allow us to explain. 

What Percentage of Personal Injury Cases Go to Trial? 

The vast majority of personal injury cases are settled before trial. In fact, industry observers estimate that more than 95 percent of cases end in settlement, not trial. But, why is there such a large discrepancy? 

Personal Injury Lawsuit Settlement Amounts

To better differentiate the settlement process from litigation process, it is important to know that trial is usually a burden for both the defendant and plaintiff. It is:

  • Expensive
  • Time consuming
  • And most of all, uncertain

Settlement Is One Way to Measure Personal Injury Cases Won

In order to minimize the cost and risk of trial litigation, most parties will simply agree to a sensible settlement amount. This allows them to avoid trial while achieving a result that isn’t unacceptable. Uncertainty is fundamental to any trial. Even if you have an excellent case, there is uncertainty surrounding:

  1. Whether the court will find that the defendant is liable for your injuries, and
  2. How much the court will award in damages

It is entirely possible for you to win your case but receive the award of a lower damages amount than expected. For example: $50,000, versus the $100,000 that you desired. This uncertainty is rather significant. Reaching a settlement compromise helps both parties avoid this, and it has the added benefit of saving time, effort, and financial resources. 

How to Increase Your Odds of Winning

The key to a successful personal injury dispute, then, is to maximize the amount that you recover through a negotiated settlement. If you can bring a persuasive claim for liability and damages, then the defendant will offer a higher settlement amount, as this reflects the changed risk profile of the case. 

Confused?  Let’s explore how personal injury settlements are actually calculated by experienced attorneys. 


CALL 1-800-THE-LAW2 FOR A FREE CONSULTATION TODAY.


Personal Injury Settlement Calculator: the Basics 

How Much Should You Ask for in a Settlement?

There is no objective calculator used to determine how much you could make through a settlement. If you understand how settlement negotiations work, you may have a better sense of what to expect. 

As a general rule, settlement amount correlates to three factors:

  1. Success of your claim
  2. Defendant liability
  3. Damages attached to your claim

This can be a bit difficult to understand, so we’ll use a quick example to explain. Suppose that you are injured in a car accident with another driver. Your claimed damages are $100,000. You and your accident attorney gather all the necessary evidence, and formulate a persuasive legal argument. Now, suppose that the evidence is strong, so you have an 80 percent likelihood of proving liability at trial. Your damages claim is also cautious, so the court is likely to agree with the damages potential

A fair settlement would account for that 80 percent likelihood, and so both parties consider a settlement amount of $80,000, or around that amount, reasonable. In this instance, both parties avoid the hassle and cost of trial litigation, and you are able to, mostly, get what you want. 

Find an Attorney to Help You File a Personal Injury Lawsuit

If you’ve been injured in an accident, you may be entitled to significant damages.  Bringing a lawsuit doesn’t have to result in a courtroom trial, however.  In fact, most legal cases resolve through a negotiated settlement. 

Call 1-800-THE-LAW2 for a Free Consultation 

Settlements are win-win for both parties, assuming that the dispute hasn’t turned too hostile. 

To ensure that you maximize your settlement, it’s important that you work with an experienced personal injury lawyer.  Here at 1-800-THE-LAW2, we maintain a large network of experienced attorneys who can help.  Call us today for a free consultation.  We’ll connect you to an attorney in just 10 minutes or less

If I Get Injured at Work, Can I Sue My Employer? | Workers Compensation Attorneys

In this article, you’ll find answers to common questions about what to do when you are injured at work, or get hurt on the job, Worker’s Compensation, and what to know when considering “Can I sue my employer?”

Additional Topics Covered:

Workplace injuries are surprisingly common across America. According to the Bureau of Labor Statistics, there were 2.7 million injuries in private industries alone and 4,764 fatal injuries in the year 2020. If you’ve been injured in the workplace, then you could be left reeling with a variety of different losses. This can be overwhelming and difficult to recover from. Fortunately, the law does provide several paths to justice and recovery. Perhaps most important among the available options is that of workers’ compensation benefits. 

Examples of Damages Recoverable in a Lawsuit

Examples of losses from work related injuries are:

  • Wage loss
  • Medical expenses
  • Disability issues
  • And more

Which Situation Qualifies an Employee for Workers Compensation Coverage?

Workers compensation benefits are paid out to employees who are injured on the job, or who suffer injuries linked to their job duties. These benefits are critical for many employees, particularly those in riskier professions. Let’s take a closer look. 

Do I Qualify for Workers’ Compensation Benefits?

Despite the name, worker’s compensation benefits are not available to all workers. They are available only to employees, not independent contractors. So, how do you recover losses from injuries at work as an independent contractor? Assuming you can prove that the employer was negligent, reckless, or engaged in intentional misconduct, then you can sue them and hold them liable for your injuries without workers comp. Also, these damages may even be greater than your would-be workers compensation benefits. 

What Is the Advantage of Workers Compensation?

Well, for one thing, you get to avoid the hassle of a lawsuit. But more importantly, worker’s compensation benefits are paid out even if your employer wasn’t at fault for your injuries. If you have a slip and fall accident while working and hurt yourself, even if it wasn’t anyone else’s fault, you are still entitled to recover workers’ compensation benefits! That’s an enormous advantage for situations where you have suffered a loss, yet no one else is to blame. 

Workers’ compensation benefits are valuable, of course, but they are still limited in certain ways. For example, workers’ compensation benefits do not cover pain and suffering damages and other such losses. Instead, these benefits cover wage loss and medical expenses

When to Hire a Workers Comp Lawyer

Serious Personal Injury

In cases of severe injury, only having access to workers’ compensation benefits can lead to a lower recovery than if you had been able to successfully sue your employer or some other defendant. 

The problem is that workers’ compensation laws shield employers from liability. If you qualify for workers’ compensation benefits, then you are prohibited from suing your employer for damages. However, there are exceptions that allow you to sue your employer and secure a larger compensation amount. 

Continue reading about: Hiring a Workers Compensation Lawyer Made Easy

Should I Claim for an Accident at Work?

Employer Liability for Employee Actions

To sue your employer and take advantage of the exception, you’ll have to show that:

  • the employer’s misconduct caused your injury
  • it was intentional or reckless misconduct

For example, you can sue your employer if you can prove that they intentionally withheld protective goggles from factory workers in an effort to cut costs. Perhaps they knew that this would increase the risk of injury, but did so anyways because of their new cost-cutting approach. 

What Should an Employee Do If There Is a Workplace Accident?

Workplace injuries can leave employees feeling confused about what to do next. When you get injured at work, here are the first three steps you should take:

  1. Contact a workers’ comp lawyer immediately. They will gather evidence, speak to opposing counsel, and ensure that all procedural requirements are met. Work injury attorneys are comprehensive advocates, and are invaluable at every stage of a dispute. 
  1. Preserve records of the injury. Make sure to save all medical documentation, work documentation, and even pay stubs. These all form an important part of your claim. 
  1. Do not accept a settlement until you have consulted an attorney. Insurance companies and your boss will always attempt to minimize their liabilities. If you don’t have an attorney advocating on your behalf, they will try to push harder for a quick resolution that undermines your claims. 

Find a Workers Compensation Lawyer Near You

If you’ve been injured in the workplace, then the law may entitle you to workers’ compensation benefits, and in some cases, damages through a lawsuit. Workplace injury disputes can be challenging and complex, however, so it’s important that you secure the assistance of a qualified work accident lawyer who can help you at every stage. 

Here at 1-800-THE-LAW2, we operate a large network of attorneys, which includes experienced workmans comp lawyers. It’s worth speaking to one of our network attorneys for guidance on how to proceed with your claims. 

Contact 1-800-THE-LAW2 for a Free Consultation 

Call us today for a free and confidential consultationGet connected to one of our experienced attorneys in just 10 minutes or less

Additional Questions on Workers Compensation and Workplace Accidents:

What is the Statute of Limitations for Medical Malpractice? | Lawyers for Medical Malpractice

There are a lot of complex, moving parts that can impact a personal injury case, including the Statute of Limitations for medical malpractice claims. If you’ve been hurt due to medical malpractice or negligence, you may be confused about the litigation process.

To ensure that all case procedures are met, we encourage you to work with an experienced medical malpractice attorneyCall us at 1-800-THE-LAW2 for a free consultation with an attorney in our network

Of course, if you’d like to learn a little bit more about the law surrounding statute of limitations requirements, read on! 

Medical Malpractice Statute of Limitations

The statute of limitations is an important concept in all lawsuits, not just medical malpractice disputes.  Failure to abide by the statute of limitations can lead to your case being automatically dismissed, and you being unable to pursue any further legal action. It is critical to avoid violating the statute of limitations. 

What are Medical Malpractice Statute of Limitations? 

Simply put, the statute of limitations is a deadline that applies to your legal claims. The length of this deadline period varies from a case by case basis, and even, between states. 

A medical malpractice claim in California has a statute of limitations of three years, which starts counting from the injury date. By contrast, wrongful termination claims in New York have a statute of limitations of just 300 days, which starts counting from the date of termination. 

If you do not file your claim before the deadline passes, then you relinquish your legal right to sue and recover damages. In other words, you’ll have lost your opportunity to obtain compensation under the law! 

Work With an Attorney for Medical Malpractice Early 

The statute of limitations is just one example of a procedural matter that could have a significant impact on your case.  As a non-lawyer plaintiff, you may not even be aware of all the procedural issues that could undermine your claims! For this reason, it’s critically important that you work with an attorney as early as possible. 

See, an attorney isn’t just a courtroom advocate. They play a comprehensive role throughout the litigation process: from investigating the facts of the case and gathering evidence, to negotiating with opposing counsel and eventually filing and arguing your case in court. 

Read More: What does a personal injury lawyer do?

It is your attorney’s job to ensure that your case is taken care of appropriately, which includes meeting the statute of limitations deadline. They are required to do their due diligence to ensure that potential claims are identified, and filed, before the deadline passes. So, choosing the right attorney is key.

Is There a Way Around Statute of Limitations?

If the statute of limitations has already passed, are you out of luck? Not necessarily. 

In most jurisdictions, there is something called the “Discovery Rule.” This works as an exception to the statute of limitations deadline, expanding it under very specific case circumstances. 

How Does Discovery Rule Apply?

Under Discovery Rule, the statute of limitations deadline does not begin to “countdown” until you have actually become, or should have become, aware that there is an actionable legal claim. We know, this is a lot of legalese, so here is an example for application and to simplify. 

What is an Example of Medical Negligence in the Medical Field?

Suppose that you go to the doctor for a diagnostic checkup, because your back hurts. The doctor does a cursory check, and doesn’t ask many questions. Assuming your back pain is simple, he prescribes some basic pain medication. He orders no additional tests and does not refer you to a specialist, despite your explanation of unique aspects to the back issue. They are: dull pain, no history of back pain issues, and so on.

Three years later, you discover cancer that started in your back. There would have been no way for you to know that the first doctor was wrong, but he was. That doctor was negligent, and thereby committed medical malpractice. At the surface level, it would seem that your statute of limitations deadline has already passed, as it has been 3 years since the appointment. However, the discovery rule allows you to start the countdown when you became aware that the doctor committed medical malpractice. Thus, your deadline would still be active, and you could file the claim. 

Do I Have a Case?

Contact 1-800-THE-LAW2 for a Free Consultation 

Have you been harmed by a medical professional due to their negligence, recklessness, or even intentional misconduct?  If so, the law may entitle you to significant compensation through a medical malpractice lawsuit. Our experienced attorneys can help. Contact 1-800-THE-LAW2 for a Free Consultation.

How Can a Lawyer for Medical Malpractice Help?

Here at 1-800-THE-LAW2, we operate a large network of attorneys committed to working with injured clients who are interested in pursuing claims against those who harmed them. Call us today for a free and confidential consultation. Connect you to an experienced personal injury attorney in just 10 minutes or less

Additional Questions on Medical Malpractice and Personal Injury:

What Happens When Someone Accidentally Slips in a Store and Hurts Themselves?

When a customer slips, trips, or falls and gets an injury in a parking lot or store, there is a potential legal claim. Under the law, that injured shopper may be entitled to sue and recover significant damages. 

But how does a personal injury claim work?  Let’s take a closer look. 

Is a Store Liable for a Customer Injury?

Store Liability for a Slip and Fall Accident

Property owners and proprietors, or store operators like landlords, have a legal responsibility to maintain the premises in a reasonably safe condition for patrons.  If the establishment is unsafe in any way and contributes to you getting hurt, then you have a right to sue and recover damages for injuries. One example of this is a slip and fall injury from a wet floor in a grocery store.

The right to sue and recover after an accident applies in every jurisdiction in the United States. Though state laws may vary somewhat, the fundamental principles of slip and fall cases are the same. 

Causes of Slip and Fall Accidents That Could Also Be Examples of Store Negligence

Slip and fall accidents happen due to a variety of factors, including: 

  • Liquid spills with no sign warning, like wet floors
  • Traction less, smooth flooring 
  • Defective flooring, like broken tiles and so forth
  • Failure to install railings 
  • And more 

Such conditions can significantly increase the risk of bodily injury or personal injury due to a slip and fall. If you encounter any of these, the store owner or property operator may be at fault for failing to maintain the premises in a reasonably safe condition, also known as premises liability.

When Is a Business Liable for the Harm of a Customer?

Awareness of the Safety Issue 

In slip and fall cases, the company or store owner may try to avoid premises liability and argue that they were unaware of the slip and fall hazard. In other words, they could argue that they had no reason to believe that there was any danger. 

Your attorney can counter this defense argument by showing that the defendant either “was” actually aware, or “should have been” aware of the hazard. Property owners and property operators, for example, a landlord, have a responsibility to conduct regular inspections of the premises. In doing so, they discover that there is a hazard. Once they discover the hazard, they can either fix it, or put up a warning sign to prevent shoppers from getting injured. 

The frequency of inspection varies from store to store, depending on the industry. For example, a grocery store has to be inspected more frequently than a furniture department store. Failure to inspect frequently enough to discover the hazard before a visitor is harmed can give rise to liability, and it’s also negligence.

What Are the Elements of Vicarious Liability?

Suppose that one of the store employees failed to conduct a proper inspection, and that’s why the floor was wet and wasn’t cleaned. In turn, the spill caused you to slip and fall and you hurt yourself. 

In this example, the employee is technically at-fault, because they committed negligence. However, the store can also be held liable, due to vicarious liability.

Thanks to vicarious liability law, an injured plaintiff can sue an employer for the negligence of their employee. In the case of the wet floor, the employee was negligent in inspecting the premises. Though it isn’t technically the store’s fault that you slipped and fell, they can be held legally responsible for your injuries and the negligence of their worker. 

What Happens If You Hurt Yourself in a Store?

What To Do If You Are Injured in a Store

After a slip and fall accident, you may be confused about what to do next. Don’t worry; it’s actually quite simple. Here are the steps to take after an accident:

  1. Contact an experienced slip and fall lawyer as soon as possible. They will first evaluate your case. If it makes sense to move forward, they will work with you to gather evidence, develop an argument, and push for a positive resolution, like compensation. 
  1. Gather and preserve evidence. If possible, take photos of the accident scene, and keep copies of all documentation that is associated with the accident. An example of this is a police report.
  1. Avoid negotiating a settlement with the store or its insurance company without the help of an attorney. They will attempt to undercut your claim and minimize their overall damages. 

Can You Sue a Store for Injuries Caused by a Slip, Trip or Fall?

If you’ve been injured in a slip, trip, or fall accident, then you could be entitled to significant damages as compensation. At times, the law is confusing and overwhelming, and this is especially true for first time plaintiffs who have no experience of the litigation process. We’re here to help. 

Call 1-800-THE-LAW2 for a Free Consultation and to Speak With a Qualified Slip and Fall Attorney Near You.

Call 1-800-THE-LAW2 for a free consultation with an experienced slip and fall accident attorney in our network.  There’s no cost, and no commitment.  If you decide that you’d rather not move forward with your case, that’s ok!  So get in touch today and we’ll connect you in just 10 minutes or less

Congenital Disorder or Birth Defect Lawsuit | Birth Defect Lawyers

Modern technology and recent advancements in the medical field have reduced the risks associated with childbirth. Despite these improvements, birth defects, birth injuries, and congenital anomalies (also known as congenital disorders) are still possible.  In many cases, these develop from external factors and are completely preventable.

When your child has suffered a preventable birth defect or injury, you have a legal right to compensation through a birth defect lawsuit. For example, you would be entitled to damages if your child’s birth defect was caused by a doctor’s negligence before or during labor (i.e., failing to take proper safety precautions, making a mistake during surgery, etc.). 

Birth defect lawsuits can be confusing for those who are unfamiliar with litigation.  As such, we’re going to briefly explain some of the basics so that you’re well-equipped to navigate your options.

Birth Defects

Birth defects are structural changes — identified at birth — that have a negative impact on bodily function or aesthetics. Defects range in severity.  Some are quite unobtrusive, while others are quite obvious and severe. 

Serious birth defects may affect a baby’s limbs, heart, brain, or overall bodily function. Birth defects can also lower an infant’s expected lifespan. Naturally, parents have reason to be concerned about the impact of a birth defect on their child’s life. Given the severe and wide-ranging impacts in some cases, substantial damages may be available through a lawsuit. 

For now, let’s take a look at some common birth defects. 

What Are the 5 Most Common Birth Defects?

Neural Tube Defects

What is a neural tube defect?

Neural Tube Defects, or NTDs, occur when there is an abnormality of the neural tube. The neural tube connects the brain, spinal cord, and spine together. When it is damaged during childbirth, the result can be a debilitating or even, life-threatening defect.

What are the 3 types of neural tube defects?

  • Spina Bifida
  • Encephalocele
  • Anencephaly

Spina Bifida is a common birth defect that affects the bones surrounding the spinal cord, it causes complications that can lead to long-term disability.  

Cleft Lip and Cleft Palate 

What causes a cleft palate during pregnancy?

Sometimes an infant’s lips or mouth develops improperly during pregnancy. Toxic environmental factors and certain prescription medications from your doctor can cause this. As it severely alters their appearance, a cleft lip or palate can have a significant impact on a child’s self-esteem and body image.

Congenital Heart Defects 

Congenital heart defects are also known as CHDs. They vary, but all CHDs have an impact on the function of a baby’s heart during infancy and later on in life, too.

What are common congenital heart defects?

There are several different types of congenital heart defects.  Some involve the transposition of the great arteries, hypoplastic left heart syndrome, and atrial septal defects.

What is the most common treatment for congenital heart defects?

Depending on severity, congenital heart defects may require surgery at some point. In some cases, doctors recommend that corrective surgery happen early in the infant’s life.

Down Syndrome or Trisomy 21 

What is Down’s Syndrome?

Commonly termed Downs Syndrome or Down’s Syndrome, Down Syndrome is an impactful mental and physical defect.

What causes Down Syndrome during pregnancy?

Down Syndrome is caused by the presence of an extra chromosome, specifically chromosome 21. Though researchers still don’t know exactly how this defect arises, certain environmental factors and medication may contribute to Down’s syndrome.  

Is a Birth Defect a Disability?

Birth defects, if they give rise to functional issues that impede one’s ability to work, can qualify as disabilities.

For example, suppose that your doctor failed to provide proper medication during your pregnancy. This resulted in your child being born with severe mental deficiencies. These deficiencies are such that, even later, as an adult, your son is incapable of working a regular job. This birth defect would then be rightly considered a disability under the law.

The definition of a disability can range quite a bit from jurisdiction to jurisdiction. Generally speaking, however, it means serious physical and/or mental impairments.

Disability can be claimed for damages or benefits.

For government disability benefits, an application will have to be submitted to the Social Security Administration. And, you’ll have to show that the birth defect prevents you from working.

For damages claims, you’ll have to simply show the consequences of your physical or mental impairment. The more severe the consequences, the higher the damages you’re likely to recover in your lawsuit against the parties responsible.

What Are the Main Causes of Birth Defects?

Birth defects are oftentimes a result of negligence or medical malpractice, and they can occur in a variety of ways.

Common Causes of Birth Defects

Common causes of birth defects are:

  • Medical malpractice
  • Negligence
  • Environmental toxins
  • Medications
  • Errors during labor and delivery
  • and more

What is an example of malpractice?

One example of malpractice is: a physician prescribes a medication during your pregnancy that increased the likelihood your unborn child would develop a birth defect. Because they made this dangerous error, they are potentially liable. Another example is: a physician makes mistakes during labor and delivery, and thus gives rise to a birth injury. 

Environmental Toxins

That being said, medical malpractice is not the only cause of birth defects. If your workplace or another company exposed you to harmful toxins that contributed to your baby developing a birth defect, they are potentially liable. 

Filing a Birth Defect Lawsuit

Under the law, you are entitled to sue and recover damages from parties responsible for the cause of the birth defect. A case can be brought against them on the behalf of your infant in a birth defect lawsuit

Birth defect lawsuits are, at times, complicated, so it is important to consult an experienced birth defect and birth injury attorney for guidance. 

How To File Your Birth Defect Lawsuit 

The most important thing to understand is that pursuing a lawsuit on your own is a bad strategic decision. Insurance companies, opposing counsel, and others will do everything they can do undermine your legal case and in court. The complexities of legal procedures can also cause problems if you are not qualified and experienced enough to handle them. 

For these reasons, it’s critical to work with a birth defect and birth injury attorney. Some ways they can help you throughout the litigation process are: 

  • Identifying what type of birth defect your baby has 
  • Gathering evidence of damages that you and your child incurred
  • Calculating the amount of potential compensation due 
  • Proving that the standard of medical care was insufficient 
  • Ensuring the filing of appropriate documents prior to the expiration of statue of limitations 
  • Negotiating a settlement on your behalf 
  • If necessary, taking your case to court to fight for maximum compensation 

Contact Our Experienced Birth Defect Lawyers for a Free Consultation 

Birth defects are overwhelming to deal with, because families must also manage the stress that comes with their child’s health and defect. An experienced attorney for birth injury, birth defects, and birth accidents can help ease this situation and secure the compensation that your family deserves. 

We understand that birth defect issues can be traumatic. We can help. 

To get in touch with a birth defect attorney, fill out the contact form located on this page, or contact us at 1-800-THE-LAW2.  We will connect you with an attorney in just 10 minutes or less. The legal consultation is FREE and CONFIDENTIAL, so there’s no downside. 

What Does a Brachial Plexus Lawsuit Entail? | Experienced Birth Injury Lawyers in the United States

The brachial plexus is a group of nerves originating at the spinal cord that runs along the neck and down to the shoulders. Brachial Plexus nerves are attached to other nerves that run through the arms, allowing people to feel sensations in and move each part of their arms. When this set of nerves is damaged during childbirth, functional issues can arise.

Many parents respond by filing a brachial plexus lawsuit against the medical professionals who caused their baby to suffer injuries.

Is a Brachial Plexus Injury Permanent?

The brachial plexus can be permanently damaged during childbirth, causing ongoing suffering for children. Oftentimes, such injuries stem from medical malpractice. This means if your baby suffered a brachial plexus injury during their birth, you may be able to hold the medical professionals liable for any losses you’ve incurred as a result.

How Does a Brachial Plexus Injury Occur?

Causes of Brachial Plexus Injuries at Birth

If labor is difficult or prolonged, doctors may use forceps or extractors to remove the baby from the birthing canal. In doing so, they expose the infant to potential risks associated with improper use of tools. For example, if excessive force is applied to the forceps, the baby’s brachial plexus nerves may rupture. In turn, the rupture may lead to disability in the hands and arms.

While most brachial plexus injuries only cause temporary dysfunction, this is not always the case. Sometimes children are left permanently disabled. Even if the injury is only temporary, babies may still require surgery and physical therapy to revive functionality in their arms and hands.

Signs of Brachial Plexus Injury

It is sometimes difficult to identify the symptoms of a birth-related brachial plexus injury. Usually, symptoms appear as general weakness, constant tingling, or even pain in the arms and hands. There are other, more noticeable symptoms that parents and doctors should look out for as well.

Symptoms of a Brachial Plexus Injury

Some symptoms of damage to the Brachial Plexus are:

  • Lack of arm, hand, and shoulder mobility
  • Weakened grip
  • Decreased sensation in the arms or hands
  • Limp or hanging arms or hands

If your child’s doctor has not diagnosed your child with a brachial plexus injury, but you notice any of these signs, medical malpractice may be the source of an injury. Contact a birth injury lawyer to initiate a birth injuries lawsuit today.

Erb Duchenne Palsy or Erb’s Palsy

An injury to the Brachial Plexus nerves can result in a variety of disorders. Erb Duchenne Palsy, also known as Erb’s Palsy, and even, Erbs Palsy, is one such disorder. This is a type of brachial plexus injury that impacts the top of the brachial plexus.

Erb’s Palsy has several key symptoms, including paralysis, weakness, numbness, and tingling in the arms and hands.

Does My Baby Have Erb’s Palsy?

Because infants lack the ability to communicate their experience directly, it can be difficult to identify the symptoms of Erb’s Palsy early on. That being said, sometimes you will notice your baby’s arms or hands in a limp position facing away from their body. If you encounter this symptom, your baby likely has a brachial plexus injury.

What happens if the brachial plexus is injured?

Brachial plexus injuries tend to be caused by difficult, prolonged labor and delivery. These injuries are often preventable, and unfortunately, a medical professional’s incompetence can create the issue.

If you want to file a brachial plexus lawsuit, know the medical errors that lead to brachial plexus injuries. If any of the following malpractices occurred while giving birth, consider filing a brachial plexus lawsuit.

  • Excessive force applied with tools
  • Delayed C-section
  • Failure to recognize or respond to distress
  • Stretching of an infant’s upper body during delivery
  • Unnecessary pressure placed on a baby’s arms during breech delivery
  • Failure to follow-up once delivery is complete
  • Administration of dangerous medications during delivery

Can You Sue for a Brachial Plexus Injury?

When To File a Brachial Plexus Lawsuit

Don’t wait to file a brachial plexus lawsuit.

If you want to obtain financial compensation, the likelihood of success increases the earlier you file. In fact, if you wait too long, you run the risk of missing the Statute of Limitations deadline for the legal claim. If you miss it, your case will be automatically dismissed. Make sure to pursue the claim as soon as possible.

How to File for a Brachial Plexus Lawsuit

The first step you should take contacting an experienced birth injury attorney.

Your attorney will guide you through the legal process, assisting you at every stage. Initially, they will help you collect medical records and calculate your total damages. Then they will walk you through the litigation process.

It can take months or even years to settle a brachial plexus lawsuit, so don’t be alarmed if the case isn’t progressing rapidly.

Get Compensation For Brachial Plexus Injuries

If your child has been injured due the negligence of a medical professional, you deserve to be compensated for any damages caused.

Curious about how much compensation you may get for a brachial plexus injury? To learn how much you can recover, speak to a birth injury attorney today. Get in touch by calling us at 1-800-THE-LAW2 or by scheduling an appointment with a skilled, experienced lawyer in your area. Consultation is free and confidential.

I Was Hit By a Car While Crossing the Road at an Unmarked Crosswalk. Do I Have a Case?

Drivers are not always at fault for car accidents involving pedestrians at marked and unmarked crosswalks, even if there is a pedestrian crossing sign. In cases where a pedestrian has violated a traffic rule, such as jay walking laws, it can be difficult to bring a valid claim against the driver. 

This article can help you answer common questions about pedestrian accidents:

  1. Do I need a pedestrian accident lawyer?
  2. How can a pedestrian accident lawyer help me?
  3. What is the difference between a marked and an unmarked crosswalk?
  4. Do pedestrians have the right of way at every pedestrian crossing?
  5. Is liability for unmarked crosswalk accidents shared?
  6. Why are comparative negligence laws and modified comparative negligence laws important?
  7. How do I find the best pedestrian accident attorney for me?

Do I Need a Pedestrian Accident Lawyer?

If you were hurt while crossing the road at an “unmarked crosswalk,” you may be entitled to compensation. The unique circumstances of your case determine whether liability attaches to the driver, or some other party. For this reason, at an early stage, an experienced attorney is a valuable resource. 

How Can a Pedestrian Accident Lawyer Help Me?

A skilled pedestrian accident attorney will:

  • Evaluate the facts of the accident case
  • Provide detailed guidance on whether you have a legal claim, and
  • How you should proceed

What Is the Difference Between a Marked and Unmarked Crosswalk?

What Is a Crosswalk?

Technically, a crosswalk is an area of road where street intersections occur. It is a part of the prolongation, or connection of sidewalk boundaries. This includes marked crosswalks, where signs are in place to warn you, and unmarked crosswalks.

What Is an Unmarked Crosswalk?

Unmarked crosswalks connect sidewalk boundaries at an intersection. They involve any area where two roads intersect at a right angle. If you imagine a four-way stop where two roads have sidewalks on their border and meet at an approximate right angle, an unmarked crosswalk exists between all of the corners that connect the sidewalks.

Do Pedestrians Have the Right of Way at Every Pedestrian Crossing?

This may not be obvious, but pedestrians sometimes have the right of way when crossing at an unmarked cross. Pedestrians always have the right of way when crossing a marked crosswalk, but street signs can make pedestrian crossings illegal. With unmarked crosswalks, the right of way is not absolute. Rules of the road vary by state, so injuries from accidents at unmarked crosswalks can be more complicated legally.  

How Can You Avoid an Accident in an Unmarked Crosswalk?

Drivers must operate their vehicles with reasonable care and safety. If they do not cross via a crosswalk, pedestrians must yield the right of way to vehicles. Drivers could be held liable for an accident leading to a collision, if they fail to slow down or stop for a pedestrian. 

Negligent and Reckless Driving

If the driver who caused your injuries broke traffic laws, they may also be found liable for negligent or reckless driving. Examples can include:

  • Speeding
  • Intoxicated or drunk driving
  • Distracted driving

Is Liability For Unmarked Crosswalk Accidents Shared? 

The sharing of liability can happen. It depends on state laws, and on the facts of your case. 

Comparative Negligence Laws

Comparative negligence laws reduce the damages in proportion with the plaintiff’s own contribution of fault. In pure comparative negligence states, like California, there is no fault threshold. For example, if the plaintiff is found 10 percent at fault for their own injuries, they have the right to recover up to 90 percent of the total damages. This is important in crosswalk accident disputes, as pedestrians may be partially at fault. 

Modified Comparative Negligence Laws

Modified comparative negligence states, like Oregon, are different. There, the plaintiff’s fault cannot exceed 50 percent. If the plaintiff is 51 percent at fault for the accident, for example, they cannot recover ANY damages from the defendant. However, if they are 50 percent at fault or less, they can recover damages. 

Injured at an Unmarked Crosswalk? Contact a Pedestrian Accident Lawyer for Guidance. 

For pedestrians who try to cross at any roadway other than a marked crosswalk, the legal expectation is that they give the right-of-way to passing vehicles. So, if a car hit you at an unmarked crosswalk, and you suffered injuries, you may have a right to recover damages. 

Unmarked crosswalk cases are inherently complex, and the amount of compensation you can potentially recover depends on the circumstances of the case. You’ll need extensive legal knowledge, experience, and expertise to succeed. As such, an attorney is a valuable resource at every stage. 

Take the first steps by working to find the right pedestrian accident lawyer for your case. Call us at 1-800-THE-LAW2 or contact us to get started with a free legal consultation.

Reporting Unfair Treatment at Work | Employment Discrimination Lawyer

All employees in America have the right to do their job in a safe environment, free from unfair treatment at work. Unfortunately, not all employers live up to this expectation. Instead of providing equal treatment in the workplace, employers often disrespect and discriminate against their employees. At times, they overlook qualified employees for promotions, and even, engage in sexual or workplace harassment. 

It’s important to understand that these actions are unacceptable, and possibly illegal. If you experience harassment or discrimination in the workplace, then you may have a claim for damages under law. 

Let’s take a closer look. 

How do you tell if you are being treated unfairly at work?

The scope and scale of unfair workplace treatment is vast. Any behavior that seems questionable, disturbing, or that makes you feel uncomfortable should result in an investigation. 

Mistreatment, even by a colleague, is a common occurrence and a demoralizing experience. Thousands of employees everyday, face harassment, discrimination, and other illegal job-related actions across the United States. You don’t have to stay a victim. Take steps to report the issue and secure your rights under the law.

Examples of Being Treated Unfairly at Work 

Unfair treatment at any place of employment can express itself in many different ways, from wage discrimination to gender inequality, favoritism, violence, workplace bullying, and verbal abuse. Signs of mistreatment are:

  • Discrimination due to race, gender, age, disability, religion, sexual orientation, or any other protected characteristic 
  • Spreading false rumors 
  • Pay disparities despite equal qualifications and experience 
  • Refusing reasonable accommodations for disabled employees 
  • Any instances of sexual harassment 
  • Punishing those who take parental leave by docking pay or terminating employment 
  • Laying off older workers to hire new, younger employees at lower pay 
  • Facing employer retaliation after resignation or reporting unfair treatment 
  • Being wrongfully terminated without reason 
  • Forced to work in unsafe conditions

What do you do if you are mistreated at work?

Many workplaces have a formal complaint system for these issues. To ensure that documented evidence exists of a formal complaint, it is important to report any problematic actions that happen on the job. Usually, this step of reporting unacceptable or unprofessional behavior happens with your manager or Human Resources. 

That being said, we encourage you to get in touch with a qualified attorney as soon as possible, even better if you do it before submitting the complaint. A labor and employment attorney can help you submit a well-documented report. Should the situation evolve into a lawsuit, you will then have a stronger case. 

Document the Event 

  1. If you received mistreatment, the first step is: document the event as thoroughly as possible. Record the date, time, details, and names of everyone involved. Do the same for subsequent cases, if and when they occur. Document the information during or directly after the event so the details are as accurate as possible. 
  2. Next, save copies of memos or emails that exhibit illegal or unfair practices.
  3. To support your claim, the last step is: ask witnesses to record their observations of what happened to support your claim. 

All additional evidence you gather can help your eventual legal case. It is not uncommon to file a lawsuit against an employer, so don’t be nervous. This is your right. 

File a Complaint with Human Resources (HR)

Report instances of unfair treatment to the Human Resources Department (or another authority figure in management). The formal letter of complaint should describe the event completely, but concisely. Stay on target and include only information relevant to the event. Alerting HR to the problem is usually a required step if you plan to later file a lawsuit

How to Write a Formal Complaint Letter

In the formal complaint letter, you may:

  • Identify helpful actions that can lead to a resolution.
  • Refrain from making threats or getting angry.
  • Keep a calm demeanor and offer reasonable solutions where appropriate.  

If the complaint ends up becoming a legal matter, any poor behavior on your part could be used against you. As such, it’s important to consult an experienced attorney for guidance before you file a complaint.

File an EEOC Complaint

An employee that has been subject to any type of job discrimination or mistreatment may also file an EEOC complaint. The EEOC, or Equal Employment Opportunity Commission, accepts complaints filed in person or by mail with the nearest office. In addition to victims, witnesses of unfair treatment can also file a formal complaint. 

Include the following information in your documentation: 

  • Personal details of the person mistreated. Include their full name, number, and address. 
  • Name and contact information for the employer the complaint is against.
  • Description of the unfair events and the dates they happened.

To prevent the situation from escalating further, speak up. If you feel like your complaint is not being addressed, or that you can’t speak with management at your work, talk with an employment attorney for legal advice on how to proceed. 

How to Sue a Company for Unfair Treatment 

Not all situations that are “unfair” are actually illegal. So, it is important to know what is employee mistreatment is within Employment Law and At Will Employment.

For example, you were passed over for a promotion or assigned to a different shift. These events are frustrating, but they do not necessarily qualify as discrimination.

At Will Employment States

Not all states are at will employment states. For those that are, employers can fire employees without notice or reason. Some exceptions apply, like if an employer violates an employment contract or state or federal employment statute. 

Regardless if the state is California, Texas, or another state, there’s some behavior that employers cannot express. One example of this is: discrimination based on protected characteristics. Your state may include additional protections beyond federally mandated requirements, so it is important to know the laws in your state. To learn your states’ labor laws, read compliance guidelines and ask the appropriate authorities questions. 

Contact Our Experienced Labor Attorneys for a Free Consultation 

If you’ve faced unfair treatment in the workplace, you should seek the counsel of an experienced employment and labor attorney to discuss your concerns. A lawyer will be able to help you decide whether you should file a lawsuit and assess the likelihood of success. 

Experienced attorneys also have the knowledge and expertise necessary to advise you on the best course of action. They can guide you through the litigation process, help collect necessary documentation, and improve your chances of winning the lawsuit. 

Know your rights and don’t settle for being mistreated. 

Call 1-800-THE-LAW2 for a free and confidential consultation with an attorney in our network. We’ll connect you in just 10 minutes or less

Erb Duchenne Palsy or Erb’s Palsy Lawsuit | Birth Injury Attorney

In humans, damage to the muscular and nervous systems can cause serious functional problems with everyday activities. Erb’s palsy is one such condition. Erb’s palsy can make it difficult to lift one’s arm or grasp objects. It is a birth injury caused by damage to the brachial plexus nerves during labor and delivery.

If you or a loved one suffers from Erb’s palsy, a birth injury malpractice lawyer may be able to help you recover compensation. You can be compensated for a range of losses, including medical expenses and pain and suffering damages. 

What is Erb’s Palsy? 

Erb’s palsy, also known as Erb-Duchenne paralysis, is a nerve condition that causes weakness or loss of muscle function in the shoulder, arm, and hand. It is the most common form of brachial plexus palsy, and involves the upper nerves in the plexus. 

The brachial plexus is a group of five nerves that connect the spine to the arm and hand and enable your shoulders, arms and hands to feel and move. Erb’s palsy occurs when the brachial plexus nerves are stretched or torn. 

Is Erb’s Palsy a malpractice?

Birth Trauma and Erb-Duchenne Paralysis 

Shoulder dystocia happens when an infant’s shoulder gets caught behind the mother’s pubic bone during childbirth. It is a common cause of birth injuries like Erb’s palsy by medical providers. If a medical provider pulls on the baby to try and extricate them, the nerves of the brachial plexus may stretch or tear.  

Some other causes of Erb’s palsy injuries include: 

  • Pulling the infant’s shoulders during a head-first delivery 
  • Turning the baby’s head or neck to the side during labor or delivery 
  • Tugging on the infant’s feet during a breech delivery, which may put too much pressure on the baby’s arms 
  • Fractured collarbone or shoulder dislocation during labor and childbirth 
  • Using forceps or vacuum delivery 

Erb’s Palsy Risk Factors 

Risk factors associated with shoulder dystocia should be addressed by an OB-GYN during pregnancy. 

Examples of risk include maternal obesity or diabetes, abnormal pelvis shape, high infant birth weight, carrying more than one infant, receiving medications such as oxytocin or epidural during labor, and previous pregnancies involving shoulder dystocia. 

Failure to identify these risk factors and account for them during childbirth could give rise to birth injuries like Erb’s palsy. This sort of mistake would likely be considered medical negligence and could lead to liability. 

If you decide to bring a claim against the medical professionals and facility where you gave birth, your Erb’s palsy lawyers will obtain copies of your medical records and thoroughly investigate whether your doctor addressed these issues during your treatment and determine whether medical negligence occurred before or during childbirth. 

Types of Brachial Plexus Injuries 

There are four types of Brachial Plexus injuries that happen with Erb Duchenne Palsy. They are: 

  1. Brachial Plexus Neuropraxia Injury
  2. Brachial Plexus Neuroma Injury
  3. Brachial Plexus Nerve Rupture Injury
  4. Brachial Plexus Nerve Root Avulsion Injury

Brachial Plexus Neuropraxia Injury

The most common type of Brachial Plexus injuries is Brachial Plexus Neuropraxia. It occurs when the nerves are stretched, but they are not torn. Brachial Plexus Neuropraxia symptoms are stinging or burning sensations. Although it usually resolves on its own, Neuropraxia treatment for a baby may include physical therapy or hydrotherapy. 

Brachial Plexus Neuroma Injury

When nerves that have been torn heal and leave scar tissue, neuroma can occur. The scar tissue puts pressure on injured nerves, which prevents them from conducting signals to the muscles in the arm. Children with neuromas often make only a partial recovery. 

Brachial Plexus Nerve Rupture Injury

When the nerve is torn, the injury does not heal on its own. In most cases, rupture requires nerve grafting surgery to repair nerves. Although it is possible to repair a rupture with surgery, a child who suffers a rupture will continue to have some weakness in the shoulder, arm, or hand. 

Brachial Plexus Nerve Root Avulsion Injury

The most serious type of Brachial Plexus injuries, avulsion happens when the nerves are torn from the spinal cord, resulting in permanent muscle weakness and paralysis. Although surgery can help repair torn nerves, they cannot be reattached to the spinal cord. 

Treatment for Erb Duchenne Palsy and Erb’s Palsy Injuries

Erb’s palsy injuries often require costly treatment, such as surgery, medications, and ongoing therapy. In some cases, these treatments may take years to complete. We encourage you to get in touch with a qualified attorney for guidance on what treatment you should prioritize, and what could be paid for in the event of a lawsuit. An Erb’s palsy injury attorney can evaluate your case and determine whether you may be eligible for compensation for your child’s medical expenses and other damages.  

Nerve repair is a slow process and can take anywhere from a few months to several years, if a full recovery is even possible. 

The primary nonsurgical treatment for Erb’s palsy is physical therapy. In addition to seeing professional physical therapists, parents and caregivers need to take an active role in helping infants keep their functioning muscles strong and joints limber. There are specific exercises that help improve and maintain the range of motion in the shoulder, elbow, wrist, and hand. This can also prevent joints from becoming permanently stiff (a condition called joint contracture). 

If there is no change over the first 3 to 6 months of treatment, your doctor may suggest surgery on the nerves to improve arm and hand function. Although nerve grafting, nerve transfer, and tendon transfer surgeries can help repair nerves, typically they don’t restore normal function and aren’t as effective in older infants and children.  

Can you sue for Erb’s Palsy?

Filing an Erb’s Palsy Injury Claim 

The physical, emotional, and financial costs of living with Erb’s palsy should not be underestimated. Many children who suffer from Erb’s palsy will be permanently afflicted with weakness in the shoulder, arm, or hand. The affected arm may even dangle and appear smaller than the unaffected arm. This size difference becomes more noticeable with age, which can cause emotional and social issues. 

Medical treatments (such as surgery, physical and occupational therapy, and adaptive devices) can be extremely costly, especially if the treatment also requires long term care. As such, damages in Erb’s palsy cases tend to be significant. 

The claimant is also likely to be entitled to damages that include pain and suffering, emotional distress, and wage loss. The value of an Erb’s palsy claim will depend on the extent of the injuries, how they have affected one’s life, the future prognosis, and the circumstances surrounding the injury’s occurrence. 

An Erb’s palsy lawyer can evaluate your case and advise you of your options. 

Contact Our Erb’s Palsy Lawyers Today 

If you believe that you have an Erb’s palsy claim, call us as soon as possible to consult a birth injury malpractice attorney or contact us online. Consultation is free and confidential – if you decide to not move forward with your case, there is no commitment. 

Further, our Erb’s palsy injury attorneys work on contingency, which means you won’t incur any out-of-pocket costs. In other words, you pay absolutely nothing (unless our attorneys successfully recover compensation on your behalf). 

We look forward to speaking with you. 

Take Action Against NHTSA Vehicle Recalls and Defective Product Liability

Reading news headlines, it can start to feel like vehicle safety recalls are being issued daily. While the number of car complaints and vehicles affected continues to grow, you might ask yourself if this means vehicle safety is declining?   

The truth is that it depends on the model, make, and year of manufacturer of the car you drive. Many recent automobile recalls have to do with older vehicles, and we’ve seen some historically massive recalls in recent times. One example is the Takata airbag recall, which is still growing.   

Headlines boast big numbers, but they don’t provide much detail. So, how dangerous is a recall anyway, and what should vehicle owners do after it’s identified to keep their car safe?   

Understanding Vehicle Recalls and How to Keep Your Car Safe  

What is a Recall on a Car?   

A car recall is a way for manufacturers to warn you that something about your vehicle presents a potential for injury or property damage. After the National Highway Traffic Safety Administration (NHTSA) determines a safety risk exists, they issue a recall, and manufacturers are required to fix the problem.   

Safety Defects

A safety defect is a problem that:   

  • poses a risk to vehicle safety   
  • exists in a group of vehicles of the same design or manufacture   

Whether the manufacturer offers you a refund, or free repairs or replacements, you should never be on the hook for costs associated with recall fixes.   

If your vehicle, car seat, or tire is under recall, a safety defect has been identified through the recall process.   

National Highway Traffic Safety Administration Recalls Process   

In the U.S., the NHTSA sets safety standards that keep your car safe. Part of what the NHTSA does is require manufacturers to repair safety-related defects at no cost to vehicle owners and drivers.   

Costs associated with the parts and labor that go into getting defects repaired are significant for manufacturers and can lead to resistance to full-scale recalls. However, the NHTSA follows a recall process to ensure that safety-related defects are addressed. The process is as follows:   

Car Complaints   

Sometimes, manufacturers discover hazards and start the recall process willingly. For other manufacturers, the NHTSA or the courts kick-start the recall process. The latter can come from consumer discovery. If you find a safety concern, there are three ways to report it to the NHTSA:   

  • Call the U.S. Department of Transportation’s Vehicle Safety Hotline: 877-421-5154 or 844-660-5805.   
  • Report the issue online here   
  • Send a letter addressed: S. Department of Transportation National Highway Traffic Safety Administration Office of Defects Investigation (NVS-210) 1200 New Jersey Avenue SE Washington, DC 20590   

ODI Investigation   

If there are enough reports about the same issues with the same make, model and year of the vehicle, the NHTSA may open an investigation. At this point, the Office of Defects Investigation (ODI) will take charge of performing the car recall investigation. The investigation process is as follows:  

  • Screening: Review of consumer complaints to determine whether an investigation is necessary   
  • Petition Analysis: Review of petitions for defect investigations   
  • Investigations: Two-phase investigations into alleged safety defects   
  • Recall Management: Monitoring the effectiveness of safety recalls   

NHTSA Issues a Car Recall    

Manufacturers can dispute claims and present new information, but ultimately it is up to the NHTSA, or National Highway Traffic Safety Administration, to issue a safety defect recall.   

  • Once the recall is issued, the word is spread, and consumers are informed of the next step. Most often, consumers are asked to make an appointment with their dealership to service their vehicle.   

If you’re worried about recalls and aren’t sure whether your vehicle may be affected, you can subscribe to notifications.   

Frequently Asked Questions About Vehicle Recalls

Is My Car Under Recall?   

You may wonder, “Is my car safe or under recall?” If it is, you will receive a notification letter. Within 60 days of notifying NHTSA of an auto recall decision, manufacturers must notify registered owners within a reasonable period.

You can always sign up for email notifications for NHTSA recalls by visiting this link.   

Additionally, you can check the NHTSA recall database to see if your car is under recall. You can do this by searching your car’s 17-character vehicle identification number (VIN).   

You may be curious if recalls affect some manufacturers more than others, and the answer is that auto recalls vary by make and model.   

What Are the Vehicle Recalls by Make and Model?

Using data from the National Highway Traffic and Safety Administration (NHTSA) recall database, a study identified least and most vehicle recalls by manufacturer.   

Top 10 Highest Recall Rates   

  • Mercedes-Benz C-Class   
  • GMC Sierra   
  • BMW 3/4 Series   
  • Dodge Durango   
  • Nissan Pathfinder   
  • Ram Pickup   
  • Toyota 4Runner   
  • Dodge Charger   
  • Chrysler 300   
  • Chevrolet Tahoe   

Top 10 Least Recalled Cars   

  • Hyundai Accent   
  • Chevrolet Equinox   
  • Toyota Corolla   
  • Honda Civic   
  • Honda CR-V   
  • Honda Accord   
  • Subaru Crosstrek   
  • Toyota Camry   
  • Hyundai Elantra   
  • GMC Terrain   

We understand what prompts a recall, but what types of product defects are considered “safety-related” and therefore monitored by the NHTSA?   

Car Manufacturers and Defective Product Liability

Common Product Defects Considered Safety-Related 

  • Steering mechanisms that break suddenly, causing loss of vehicle control   
  • Accelerator controls that break or stick   
  • Wheels that crack or break   
  • Seats that fail during normal use   
  • Airbags that deploy when they are not intended to deploy   
  • Car seats with defective safety belts, buckles, or parts that create a risk of injury   

Common Product Defects Not Considered Safety-Related 

  • Ordinary wear of equipment is required to be checked, maintained and replaced regularly, like brake pads   
  • Excessive oil consumption   

Car Recall FAQs    

Who Is Responsible for Reporting a Safety Recall?   

Manufacturers are responsible for their vehicles and all original equipment installed on them. Meaning they have the responsibility to report defects to the NHTSA, notify owners and offer them a free fix to the problem.   

Equipment not originally installed by the vehicle manufacturer is the responsibility of the equipment manufacturer to notify, report, and recall.   

It’s essential to ensure your vehicle registration is up to date (including your mailing address) to get proper notification.   

To check if your car is on the NHTSA recalls list, use their vin number lookup. Kelly Blue Book, or KBB, also has an auto recall checker on their website.

Do I Have to Pay for Repairs to Keep My Car Safe?   

Manufacturers must cover the cost of safety defect fixes. If you pay for any costs associated with the recall, you are entitled to reimbursement, which may even include the costs you incurred before the recall announcement. Manufacturers must reimburse owners for expenses they footed up to one year before the notification of a defect.   

Can I Take Action for Injuries I May Have Suffered During Vehicle Recalls?   

Yes, your best course of action is to consult with a recall lawyer to explore legal options and compensation. Call 1-800-THE-LAW2 for a free consultation and to speak with a defective product lawyer today.

Have a Family Member Motorcyclist Killed in an Accident?  You Might Be Able to Sue | Lawyer for Wrongful Death

Motorcycle accidents commonly lead to severe bodily injury, disability, and even fatality. Across the United States, local news outlets often feature headlines like, “Motorcyclist Killed in an Accident Yesterday” or “Fatal Motorcycle Accident in Los Angeles, California.”

According to data reported by the National Highway Traffic Safety Administration (NHTSA), traffic collisions caused 5014 motorcycle deaths in 2019 alone. The percent of motorcycle accidents that result in death is 29 times higher than those of car accidents.  

Who Can Sue for Wrongful Death?

If your loved one died in a motorcycle accident, you may be left financially and emotionally vulnerable. This can put an enormous strain on you and your family. If the injury or wrongful death was caused by another person, federal and state laws entitle you to accident compensation. We encourage you to contact 1-800-THE-LAW2 for a free consultation with an experienced motorcycle accident attorney.  

Causes of Motorcycle Accidents

How Are Motorcycles Dangerous?  

Motorcycles are dangerous and pose unique dangers to riders, due to several factors. The two most frequent causes of motorcycle accidents are

  1. Motorcycles have a smaller physical footprint. 
  2. Motorcycles are not standard vehicles on the road. 

Crush Zones, or Crumple Zones in Cars vs. Motorcycles

Motorcycles fall into the Class M License category, as such they are one of the smaller and lighter forms of transportation on the road today. Crumple zones in cars, also known as crush zones, protect the driver and passengers inside of a car during a car wreck. Motor cycles do not have crush zones, you’ll find this for all types of motorcycle design. As such, riders and drivers have no protective shield during crashes and will absorb full force of impact.

Driver Negligence and the Risk of Following Too Closely for Motorcyclists

Although the Lazareth 4 wheel motorcycle exists, motorcycles commonly have 2 wheels and are not standard motor vehicles on the road. Because it is smaller in size, a motor cycle and its driver face decreased visibility. Simply put, with their small bike frame sizes and high speed capacity on land, car and truck drivers are often not used to seeing and navigating around motorcycles. They may not understand how to ensure the safety of motorcyclists on the roadway, much less obey state laws.

What Is the Primary Cause of Motorcycle Crashes?

Many motorcycle accidents happen as a result of following too closely, although other primary causes of crashes are speeding and failure to yield right of way.

What To Do After a Motorcycle Accident

So, what does this mean for motorcyclists? Motorcycle accidents tend to occur more frequently, and when they do occur, they tend to be severe. The force of impact is felt by the rider directly, which can lead to catastrophic bodily injury, disability, or even death. Under these circumstances, it’s more important for plaintiffs to come forward with their legal claim and secure accident compensation.  

Read about What To Do After After a Motorcycle Accident.

Important Things to Know About a Wrongful Death Lawsuit and Motorcycle Accidents

This section can help you answer: Who can file a wrongful death suit? | What are the chances of winning a wrongful death suit? | What are examples of damages and compensation for driver fatality and bodily injuries

Who Can File a Wrongful Death Suit?

If your loved one has died in a fatal motorcycle accident, then you, if you’re a qualified surviving family member, may bring a lawsuit against the defendant for damages. This is known as a “wrongful death” action.  

Not all family members can to file a wrongful death lawsuit. Qualified survivors vary from state-to-state, but generally include the deceased individual’s following relatives:  

  • Spouse  
  • Children  
  • Parents  
  • Siblings  
  • Grandparents  
  • Cousins  
  • And more  

What Are the Chances of Winning a Wrongful Death Suit?

For a wrongful death suit to succeed in winning, you’ll have to show that the defendant was at fault for your loved one’s death. At fault accidents include intentional, negligent, and reckless behavior. Again, states implement different requirements, so you’ll want to consult an experienced wrongful death attorney for legal advice on how wrongful death lawsuits work in your jurisdiction.

For example, whether your loved one was killed in a road rage accident (i.e., the defendant intentionally collided with your loved one’s vehicle) or by extreme speeding (i.e., the defendant was operating their vehicle negligently when the collision happened), either situation would give rise to a wrongful death claim.

Examples of Damages and Compensation for Driver Fatality and Bodily Injuries

In motorcycle accident cases, and others, wrongful death claimants may receive accident compensation for the following examples of losses:  

  • Loss of companionship  
  • Loss of guidance  
  • Loss of financial support  
  • Loss of domestic services  
  • And more  

For example, suppose that the wrongful death and motorcyclist killed is your father. He provided extensive financial support to you and your family, and was a close companion and mentor. All those losses can be compensated through a lawsuit.  

Contact 1-800-THE-LAW2 for a Free Motorcycle Accident Lawyer Consultation  

Curious about whether you have a potential accident or wrongful death claim? Speaking to an experienced motorcycle accident lawyer for a case evaluation. Once your case is evaluated by an attorney, you’ll have a better understanding of what steps you need to take to obtain compensation.  

Here at 1-800-THE-LAW2, we maintain a large network of motorcycle accident lawyers who are ready and willing to help. Call us to get a free consultation with an experienced motorcycle accident attorney in our network.  Connect to an attorney in 10 minutes or less, there is no pressure to continue if you decide not to move forward with your case. 

What Percentage of Personal Injury Cases Go to Trial?  

If you’ve suffered bodily harm in a personal injury accident, then you may be curious: “What percentage of cases go to trial?” or “What are the chances of winning a personal injury lawsuit?”

After all, you may not be sure how long it will take for your case to resolve. It might also not be clear whether an early settlement compromise is possible, or whether the case will move forward to trial.  

Generally, it’s better for your case to resolve in a “favorable” settlement and not go to trial. This may be confusing. So, let’s take a closer look at the dynamics of a personal injury lawsuit and why a settlement is preferable in most cases.  

Related article: Insurance Companies Are Not Your Friend; What You Need to Know Before Speaking with an Insurance Adjuster 

Dynamics of a Personal Injury Lawsuit  

Including medical malpractice, auto accident, and slip and fall accidents, the majority of personal injury claims in the United States are settled before trial. That’s right, most cases settle and never even make it to the trial phase. Industry observers estimate that up to 95 percent of personal injury cases reach settlement, as opposed to trial.  

Why?  

Simply put, trial litigation is emotionally and financially demanding. And, it is also uncertain. Even if you’re sure you’ll win your case, the jury could disagree with the damages amount and award lower compensation than what you feel you’re entitled to.  

As trial litigation is uncertain and expensive for both parties, it’s preferable to negotiate a settlement that “makes sense” for both parties given the circumstances.  

How long do personal injury cases take to settle?  

The time-to-settle can vary from case to case, and ultimately depends on how willing the parties are to negotiate fairly. In very hostile disputes, settlement can take some time (or may not be possible). Skilled attorneys know how to be strong advocates while maintaining a polite, professional relationship with the opposing attorney.   

Negotiating the Settlement for a Bodily Injury Claim  

So, you’re negotiating a settlement for a bodily injury claim. How much compensation should you receive? 

What is a reasonable settlement offer?  

The strategy surrounding accident law and reasonable settlement offers is nuanced, but we’ll do our best to simplify.  

Reasonable settlements fairly account for the uncertainty of the case. What this means is that winning a personal injury case is impacted by:  

  • proof that the defendant is liable, and  
  • proof of damages, like medical expenses and so forth.  

Related article: Why Medical Records Are Key to a Personal Injury Case

Personal Injury Settlement Amount Example 

Suppose that you have injuries from a motor vehicle collision. You sue the defendant, who denies any wrongdoing. Your car accident claim includes $100,000 pain and suffering damages.  

Now, based on the evidence presented in early negotiations and pre-trial hearings, you estimate that you have a 50 percent likelihood of proving that the defendant engaged in wrongdoing and is liable. When accounting for the uncertainty of trial, your claimed damages could be pared down to $50,000.  

What Are the Chances of Winning a Personal Injury Lawsuit? 

Back to our example. You know that the defendant claims that even if they did cause harm, your damages total $20,000. You believe that the chances of winning are 50 percent and the jury will agree with that amount. So, the $50,000 is further pared down to $35,000.  

In this instance, a reasonable settlement offer would likely hover around $35,000, given the uncertainties surrounding the case and type of personal injury.  

What separates an effective personal injury lawyer from a “standard” attorney is their ability to persuade the opposition (and the court) that the case is more obviously favorable to you. This puts pressure on the defendant to settle for a higher amount.  

Related article: Choosing the Right Attorney to Handle Your Personal Injury Case

Contact 1-800-THE-LAW2 for a Free Consultation  

If you have injuries from an accident, then you might have a legal bodily injury claim. It’s important to get in touch with a qualified attorney for legal advice and a case evaluation. A personal injury attorney will also provide guidance on how best to proceed with your car accident, wrongful death, defective products, or other personal injury claim.  

Read about: 5 Questions to Ask a Personal Injury Lawyer

Here at 1-800-THE-LAW2, our attorneys skilled in Personal Injury Law are ready and willing to help. We maintain a large network of experienced personal injury attorneys and law firms, who provide free and confidential consultations.  

Call 1-800-THE-LAW2 to connect with an attorney in our network in just 10 minutes or less.  Remember, there is no downside to having a conversation about your case. And, the consultation is free.

We look forward to assisting you. 

How to Pursue an Uber Accident Settlement

Lyft and Uber accident settlements and claims have become common in today’s world, as rideshare services have become increasingly popular. 

Don’t resign yourself suffering, hire an Uber or Lyft accident attorney to help address your car accident claim. Call 1-800-THE-LAW2 and speak with an accident lawyer near you. The law entitles you to sue and recover damages, if you can show that the defendant was responsible for your injuries. Let’s take a closer look.  

How to Sue Uber for an Accident

If you were injured in a rideshare accident, you may be able to sue the Uber or Lyft driver who hit you. You may have a potential lawsuit, if you can show they caused your injuries:

Remember This About Negligent Driving  

If the other driver was negligent and caused your injury, their insurance should cover damages. Some examples of negligent driving are:  

  • Speeding 
  • Distracted driving 
  • Making a wrong turn, and more. 

Insurance Coverage for Rideshare Services 

For rideshare services like Uber and Lyft, the law mandates service wide insurance coverage. Uber provides the following coverage amounts for accidents occurring during a driver’s pickup or trip:  

  • $1,250,000 third-party liability  
  • $1,250,000 Uninsured or underinsured motorist bodily injury  
  • $50,000 Personal Injury Protection per person  
  • Contingent comprehensive and collision  

Related Article: How to Talk to Insurance Claims Adjusters After an Accident

Getting Rideshare App Companies to Pay for Your Accident

In some cases, you may be able to sue Uber or Lyft directly. This applies if they are solely responsible for your accident.  

Here’s an example.

An Uber driver drives down the road and hits you. The rideshare app (Uber) certified the driver, which enabled them to take part in the rideshare services. Unfortunately, Uber didn’t inspect the car, and the company is negligent. As a result, the driver is operating a defective vehicle. If you can prove this, you could sue the rideshare company directly.  

The Average Car Accident Settlement & Why It’s Important to Have a Rideshare Accident Lawyer

What to Expect for Your Lyft or Uber Accident Settlement

As a general rule, there is no “certainty” when it comes to typical car accident settlement amounts and offers. All you can do is work with an experienced rideshare attorney, develop a strong case, and negotiate effectively.  

The more evidence you have, the more likely the defendant will settle quickly. 

Rideshare Insurance Coverage: the Odds Are in Your Favor

As rideshare companies provide their drivers with extensive auto insurance coverage, the odds are more favorable for plaintiffs. You could receive up to $1.25 million in property damages if you show that the driver was at fault at the time of the accident. 

What is Bodily Injury Liability and How to Recover Property Damages

Fighting an insurance company for Lyft or Uber accident claims for bodily injury liability and damages is not easy. If they can, they will try to avoid paying. To ensure legal compensation, it is your responsibility to present a solid case. 

As the facts for every case are different, average Lyft accident settlements will vary. You’ll find the same with Uber accident settlements, which is why it is important to hire a rideshare accident lawyer. If you bring forth a sound case, your settlement amount will likely resemble a high damages amount. For example, you have an injury and need considerable surgery as a result of an accident. In this case, your damages could total hundreds of thousands of dollars.

However, if you have injuries as an Uber passenger, your car accident settlement will be lower. The reason for this is because it cannot exceed your actual damages. 

Related Article: What Does an Accident Lawyer Do?

Contact 1-800-THE-LAW2 for a Free Consultation with a Ride Share Accident Attorney  

If you were hurt in a rideshare accident, the law may entitle you to significant compensation. An experienced attorney or law firm is necessary to successfully navigate ride share claims and develop effective legal strategies. 

Here at 1-800-THE-LAW2, we maintain a large network of accident lawyers who are standing by to provide assistance. Call us today at 1-800-THE-LAW2 to get connected to an experienced rideshare accident attorney for a free consultation. We’ll get you started in just 10 minutes or less. 

What Does An Accident Lawyer Do?

Injured in a car accident?  The law can be confusing and overwhelming for newcomers.  As such, you’ll want to work with an experienced attorney who can help guide you through the process and obtain compensation.  

Unfortunately, many Americans have misgivings or concerns about hiring an attorney. They don’t realize that an attorney is their only real “ally” in the legal process.  

Insurance companies are not your allies. Insurers will try as hard as they can to undermine your claims and reject them, or lowball you. Instead, you need someone in your corner who is incentivized to work tirelessly on your behalf.  

So, what does an accident lawyer do?  

Auto accident attorneys can do more than just represent you in court. They can assist with the investigation of your case, gathering evidence, negotiating with insurance companies, filing claims, and securing compensation afterwards.  

Let’s take a closer look.  

Responsibilities of an Auto Accident Attorney  

The strategy that your attorney employs will vary depending on the particular circumstances of your case. Regardless, an experienced auto accident attorney will develop a legal strategy that maximizes your compensation. In many cases, they can obtain compensation without you even having to step foot in a courtroom.  

Auto accident attorneys do the following:  

Conducting an Investigation  

Supportive evidence is critical to a successful case. An experienced car accident lawyer will work with experts to investigate the scene of the accident, and will request necessary documentation. They will also interview eyewitnesses, accident reconstruction experts, and medical professionals, among others, to help formulate an argument on your behalf.  

Reviewing Your Car Accident Claim and Negotiating With Insurers  

Many people believe that they should file an insurance claim on their own.  This is an enormous mistake.  Insurers want to make a lowball offer, or even reject your claim — that’s how they make improve their profit margins.  Don’t expect insurers to “play fair” with your claim.  

There are multiple “reasons” why an insurance company can justify denying your claim (or making a lowball offer), including:  

  • Holding you partially or entirely at fault for the accident  
  • Waiting too long to receive medical treatment  
  • Requesting compensation that exceeds your maximum insurance coverage  
  • Waiting too long to inform the insurance company of the accident  

An experienced car accident lawyer is very familiar with insurance bad faith practices and knows how to negotiate with insurers on behalf of clients.  An attorney can help you file or review a car accident claim to make sure you get all the damages you’re entitled to. 

Offering Legal Advice and Representation  

Regardless of how thorough your auto accident attorney negotiates in your best interest, there are occasions where insurance companies outright refuse to “do the right thing.”  It’s important to have an advocate in your corner.  An experienced car accident lawyer will be able to help you with your claim, whether it goes to trial or is settled out of court. 

Why Contact Attorneys For an Auto Accident?  Early Consultation is Valuable.  

All car accident claims must be filed within a statute of limitations period. The statute of limitations is simply a deadline by which you have to file a claim against the defendant.  If you do not file your claim in a timely manner, the court will automatically dismiss your case in the future.  In other words, you relinquish your legal right to compensation.  

Worth noting: every state (and claim) has a different statute of limitations.  

Your main priority after being in a car accident is getting treatment for your injuries.  The immediate focus should be on your health.  That being said, as soon as you can, be sure to contact an attorney — the earlier, the better.  

An experienced car accident lawyer will not only file your claim, but will keep track of your claim’s progress and make sure that the processing is going forward as expected. You will not have to worry about missing any deadlines.  

Find an Auto Accident Attorney Today  

If you’ve been injured in a car accident, you — most likely — want to resolve the issue as quickly as possible. However, it’s important to be aware that insurers are trying to undermine your claims (and test your patience).  They do this to receive the lowest settlement that they can offer.  

Get in touch with an experienced auto accident attorney.  They’re your advocate and ally.  In fact, they get paid if — and when — they successfully secure compensation on your behalf.  To put it rather simply: your attorney won’t make any money unless they have your best interests at heart.  

So, is it worth it to reach out to a car accident law firm?  Unequivocally, yes.  In fact, you may be eligible for more compensation than you initially thought.  

Contact 1-800-THE-LAW2 today for a free and confidential consultation with an experienced auto accident attorney in our network. 

Gender Discrimination in the Workplace: Definition & Laws

To the working public, the gender discrimination definition is different compared to that of the courts. After all, discriminatory acts are easy to recognize in the workplace, right? 

Not necessarily. 

Gender Discrimination Laws

Regardless of occupation, we all want to be judged based on the quality of our work. It feels unjust and wrong to have aspects that we can’t control, determine our value. Fortunately, federal and state anti-discrimination laws penalize employers for this type of conduct. 

To be classified as gender discrimination, an incident must meet specific requirements. But first, let’s explore basic definitions surrounding discrimination at work.

What is the Definition of Gender Discrimination? 

On the surface, it can be tough to define. Under the law, however, it has a broader definition. 

Discrimination is the inequitable and damaging treatment of an individual based on race, sexual orientation, age, nationality and gender. 

Federal Laws That Prohibit Discrimination In The Workplace 

In the past few decades, Congress has passed laws that make discrimination in the workplace illegal. 

These gender discrimination laws include: 

  • The Civil Rights Act. This act prohibits employers from discriminating against applicants and employees on the basis of race, sex, color, ethnic origin, and disabilities. 
  • Title VII of the Civil Rights Act. Also known as the Gender Discrimination Act, Title VII prevents employers from discriminating against applicants and workers on the basis of gender identity and sexual orientation

What Conduct Counts as Discrimination? 

Discrimination in the workplace is not always easy to detect. For it to be considered discriminatory, it must qualify as an adverse action against an employee on the basis of their protected status. 

Workplace Discrimination Examples

Gender harassment, inequality, and workplace discrimination examples include, but are not limited to: 

  • Refusing to hire an applicant based on gender 
  • Denying employees of a specific race compensation or benefits 
  • Paying employees who are equally qualified different salaries 
  • Denying promotions to employees of a specific gender 
  • Laying off employees within a similar age group 

These actions likely qualify as discrimination and also contribute to a hostile work environment

Understanding Gender Discrimination in the Workplace 

First, let’s clear something important. Gender discrimination is often confused with sexual orientation or gender identity, but they are not the same. 

Sexual orientation establishes a person’s attraction to other sexes. It takes various forms, such as: straight, gay, lesbian, and bisexual.

A person’s gender identity is their evaluation of their own gender. 

As they are distinct terms, gender discrimination is not interchangeable with sexual orientation and gender identity. Instead, it is an extension of gender inequality and gender bias. As a result, it is the act of treating genders differently.  

Gender Inequality and Bias Examples 

In the workplace, there are many common situations where employers engage in gender inequality and bias through treatment. They include:

  • Hiring women for only lower-level positions 
  • Offering lower-paying positions to women 
  • Being disciplined for an action that employees of a different gender do all the time, and never disciplined for 
  • Being referred to as a derogatory name based on your gender 

How to Prove Discrimination at Work

Gender discrimination stems from implicit and explicit bias. To succeed in a discrimination lawsuit, all you have to do is show that there was actual discrimination.

An example of workplace inequality is: an employer does not realize they discriminate against women. The employer consistently pays women workers less, and fewer women hold leadership positions. 

What Does Gender Parity Mean? 

Gender discrimination attorneys can identify if you are a victim of gender discrimination and oppression in the workplace by evaluating Gender Parity

Gender Parity is used to determine the ratio of women to men in the workplace and as a measurement for gender equality. 

For example, if the supervisory positions of a company are 95 percent men and only 5 percent women, that could signify a discriminatory aspect in the company.  Unequal proportions are not enough to prove gender discrimination. Yet, they are valuable and supportive evidence for your case

To be considered illegal and discriminatory, gender inequality must violate the terms and conditions of employment.  These terms and conditions are written into your employment contract. 

Any adverse action that goes against the terms and conditions of your employment and concentrates around your gender is a discriminatory act. 

Exercising Your Rights 

As an employee, you have the right to challenge gender discrimination in the workplace. Under the law, you can and should notify appropriate government authorities of it. 

However, do not do ANYTHING until you speak to a knowledgeable gender discrimination attorney. Though you are entitled to report discriminatory acts to your HR department, your company may use your report as Advance Notice of a potential lawsuit. Next, they will do everything they can to protect the company. Some examples are: coaching employees on how to develop their narrative and destroying evidence. 

Do NOT give them the chance to react. 

If you believe there have been incidents at your workplace that meet the criteria for gender discrimination, contact an experienced gender discrimination attorney who can guide you on your next steps. 

Find a Gender Discrimination Attorney Today 

Working with a gender discrimination attorney can help you get justice and substantial compensation under the law.  We recognize that this can be a complicated and confusing time.  It’s worthwhile calling a skilled attorney for advice on how to proceed. 

Call 1-800-THE-LAW2 for a free and confidential consultation today.  We’ll direct you to local lawyers with expertise representing victims of gender discrimination. 

Hostile Work Environment Definition and How to Prove it Happened

As Americans spend most of their time at work, there are several laws that protect employees from a hostile work environment and hostility in the workplace. Thankfully, lawmakers agree the workplace should be a place where employees feel safe and comfortable. 

The working public often finds the concept of a hostile workplace confusing, as everyone has their own sensitivities. For example, one person may feel that a rude co-worker is creating a toxic work environment, while another may have no problem with it. 

Legal realities are quite different. 

Under the law, a hostile environment depends on a range of different criteria. Moreover, having a rude co-worker is not sufficient to qualify as hostility in the workplace. If you believe that your workplace does meet the criteria for a hostile work environment, contact an experienced hostile work environment attorney to address your concerns. They can and will guide you on to the next steps. 

For now, let us explore some basic definitions so that you have a better understanding of what a hostile workplace environment really is. 

What is a Hostile Work Environment? 

A hostile work environment is a situation where a coworker’s behavior makes it difficult for another employee to do their job. This can vary from state to state. Conduct includes words, actions, and so forth. 

Sometimes, reporting these conditions to a supervisor or manager does not fix the situation, and it can become severe. That’s usually where the assistance of a qualified hostile work environment lawyer is necessary. 

What Four Factors Could Contribute to a Hostile Work Environment? 

Analyses on this matter are not subjective. In other words, it is not enough to feel bothered by something your coworkers have said or done. The misconduct must be objectively problematic. 

How does the law measure this? 

Legal requirements to qualify for a hostile workplace include: 

  • Discriminatory harassment is unwelcomed and offensive conduct that is based on discrimination. This can include words or actions based on someone’s sex, gender, race, pregnancy status, religion, disability status, national origin, or age. 
  • The harassing conduct is regular, not a one-time event. 
  • Conduct lasted for a sufficiently lengthy period. 
  • The harassment is bad enough that an average person would find it offensive, scary, or abusive. 

If you can show that your employer did nothing to remedy the pervasive conduct, they will lose a lot of strategic leverage in the dispute. So, what constitutes a hostile environment in the workplace?  

Here are a few common examples of toxic workplace behaviors

  • Unwanted touching 
  • Sabotaging employees  
  • Offensive jokes about protected characteristics 
  • Sexual language or discussions of sexual acts 
  • Displaying racist or sexual pictures to others  
  • And more 

Unsurprisingly, many employees find these behaviors difficult to deal with, negatively impacting their ability to properly do their job. Simply put, discrimination and harassment create workplace hostility. 

How Does a Hostile Work Environment Tie Into Discrimination and Harassment Complaints? 

Discrimination occurs when one party treats another party unfavorably or unfairly due to a protected characteristic. 

Types of discrimination are: 

  • Sex 
  • Gender 
  • Age 
  • Race 
  • Religion 
  • National origin 
  • Pregnancy status 
  • Disability 
  • Veteran status 
  • And more 

When an employee experiences discriminatory behavior, they feel incapable and unwelcome, leading to a bad work experience. 

FIND: DISCRIMINATION LAWYERS AND SEXUAL HARASSMENT LAWYERS

Hostile Work Environment Retaliation 

Even if you correctly identified that you work in a hostile environment, your employer may make it difficult for you to report by engaging in retaliation. It is important to understand that retaliatory behavior is one of the things your boss can’t legally do, and it is also illegal. 

Those who speak up about unfair and discriminatory actions in the workplace may be subjected to retaliatory behavior from their employer. Retaliatory behavior involves any adverse behavior in the workplace setting — it can include everything from being fired to being passed over for a promotion. 

If you have been retaliated against, then the law will give you an additional and independent claim against your employer on that basis. And, this could result in even more compensation. In other words, you’ll have even more leverage to secure a positive outcome to your case. 

How to Prove a Hostile Work Environment? 

All legal claims — including discrimination and harassment — require proof. Without sufficient proof, many claims are dismissed (or are settled for less than they are actually worth). 

To win your case, you will need to show that there was workplace harassment or discrimination. The more evidence you have, the better. This evidence may include work performance reviews and assessments, for example, which can be used to show that the hostile work environment affected your job performance.  

But how do you know what to preserve and document? 

It is simple, really. Whenever you observe or experience anything that could be linked to a hostile work environment, document that behavior as best as possible. To strengthen your case, include:  

  1. Date 
  1. Time 
  1. Notes 
  1. Recordings 
  1. All written correspondence 

Make sure to include any documentation that involves co-workers, too. Why? Well, many people do not realize that when a coworker makes disparaging comments, it can also lead to a hostile environment. 

Additionally, an employer is liable for harassment, discrimination, and bullying in the workplace in certain circumstances. One example is: non-management staff exhibits offensive pervasive conduct. Employees inform their boss of the situation, but management does nothing to fix it. In this case, they are liable for the toxic work environment. 

Find a Hostile Work Environment Attorney Today 

Many employers have a workplace bullying policy in place to prevent a hostile or unsafe work environment.  However, good intentions aren’t enough.  Don’t assume that your employer has your best interests at-heart. 

Get in touch with experienced hostile work environment lawyers who can advocate on your behalf. 

You may be wondering: can you sue for hostile work environment?  If your case meets the legal criteria, you may be able to file a claim and secure compensation. But to understand what legal recourse there is, you should speak with a local hostile work environment attorney as soon as possible. 

Contact 1-800-THE-LAW2 today for a free and confidential consultation.

Workers’ Compensation Benefits: the Basics

Work related injuries are common and often misunderstood. In general, a workplace injury entitles an employee to workers compensation benefits. Sometimes substantial, workers’ comp benefits help employees recover from their losses and are essential to injury recovery.

Curious about whether you have a claim?

It is worth looking for an experienced workers’ compensation attorney near you. An attorney will ensure the correct filing of your workers’ comp claim. In addition, they will evaluate other strategies so that you can secure the maximum possible compensation.

CALL 888-943-0190 TODAY to find an Injury Lawyer Near Me.

For now, let’s explore some basics.

What Are Workers’ Compensation Benefits?

Workers’ compensation benefits act as a compromise solution for job-related injuries. In the event of a work injury, employees receive guaranteed benefits, and employers potentially avoid an expensive workers compensation lawsuit.

Injuries covered under workers’ comp include those sustained within the course and scope of employment. In other words, the injury must have happened during a job-related duty.

If you were injured in a car accident while commuting home from work, that would likely not qualify for benefits.

How Does Workmans Comp Work?

If you receive an injury on the job, inform your employer immediately. Stay calm. If you cannot directly notify your employer, have a co-worker notify your boss instead. Lastly, don’t delay in seeking treatment. To ensure your injuries receive treatment and that their documentation exists, obtain medical attention as soon as possible.

It is worth noting that workers comp falls under Strict Liability Laws, meaning you do not have to prove your employer was negligent. However, you must prove that you were injured and that this injury occurred during your employment. That gives you a lot of negotiation leverage for securing compensation.

What Losses Does Workers’ Compensation Cover?

As you move forward with the workers’ compensation process, there are several limitations that you should consider. Among these is that workers’ comp benefits may not cover all your losses.

Some losses, like pain and suffering associated with your injuries, are not covered by worker’s comp benefits. To obtain compensation for these losses, you will have to pursue an alternative legal strategy. Suppose you have substantial losses not covered by workers’ comp benefits. In that case, your attorney may rightfully encourage you to pursue a traditional lawsuit.

What Do Workers’ Compensation Benefits Cover?

Coverage may include things such as:

  • Medical care
  • Permanent disability
  • Temporary disability
  • Vocational rehabilitation
  • Wage loss benefits
  • Death benefits
  • And more

Typically, workers’ comp benefits end when you return to work. Every state is different, so make sure to discuss the particulars with an experienced workers’ compensation attorney near you.

Which Workers are Qualified to Receive Workers’ Compensation Benefits?

Workers compensation laws require most employers to carry workers comp insurance. Despite having coverage, not every injured worker is qualified to claim benefits.

There are many eligibility requirements, so before you ask how workers’ compensation works, consider the following:

  1. Your employer must have workers’ compensation insurance.
  2. You must be a covered worker; independent contractors are not entitled to workers’ comp benefits.
  3. Your injury or illness must link to a job-related accident.
  4. You must file a claim within the applicable statute of limitations deadline. Time is of the essence.

One of the most common points of contention in workers’ comp disputes is how a worker is classified. If you are a covered worker, you may be entitled to compensation. However, if you are misclassified as an independent contractor or volunteer when you are, in fact, an employee, you may wrongfully lose access to essential workers’ comp benefits.

Misclassification is a serious issue worth disputing, but you’ll want to secure the assistance of a qualified attorney for guidance.

Retaliation in the Workplace

In some workers’ comp cases, the employer doesn’t want their insurance premiums to increase, so they’ll discourage you from filing a claim. If you file a workers’ compensation claim, they will retaliate against you.

Retaliation can take many forms, such as firing or passing you over for a promotion, pay raise, or refusing to pay out a bonus. However, any adverse action your employer takes against you in the context of employment qualifies as retaliation.

Always remember: Retaliation in the workplace is illegal.

Contact an experienced retaliation lawyer today. CALL 888-943-0190

If you have filed a workers’ comp claim, your employer cannot fire or retaliate against you. If your employer retaliated against you, you would have an independent claim for damages against them, leading to additional compensation.

Real Take: My Boss Let Me Go, What Should I do?

Retaliation disputes can be complex, so do not move forward alone. Contact a work injury lawyer who has experience dealing with the many problems associated with work injuries as soon as possible.

When Does Workers’ Compensation Pay Out?

Injured workers often wonder how long they wait until a claim is paid. After all, they may sink under the weight of unpaid bills and costs.

Claim payment schedules can vary from case to case and state to state. As a general rule, however, benefits are typically paid within 21 days of an employee informing their employer of the injury or illness.

Many factors can affect the payment schedule. Whether you receive a payout depends on whether your claim was approved or denied. Remember that if your claim was denied, you could challenge the denial with the help of an experienced workers compensation attorney.

Find a Workers’ Compensation Attorney in Your Area Today

If you have a job injury, it is essential to contact an experienced local work injury attorney as soon as possible.

Here at 1-800-THE-LAW2, we maintain an extensive network of work injury lawyers experienced handling workers’ compensation disputes. To learn more about filing a workers’ compensation claim, or to find a workers’ compensation attorney near me, CALL 888-943-0190 to connect with a local attorney.

How Many Car Accidents Per Year Occur in the U.S.?

Statistics by the National Highway Traffic Safety Administration show that car accidents happen frequently. So, what are the car accident statistics and how many car accidents per year happen in the US?

How Often Do Car Accidents Happen?

Car Accident Statistics

According to the Association for Safe International Road Travel, 37,000 people die annually due to car accidents. Additionally, 2.35 million people are injured or disabled due to car crashes. Children under 15 account for 1,600 traffic fatalities, while the fatality rate for people ages 16-20 is nearly 8,000 annually. 

While technical and legislative changes have been addressed to reduce fatal accident rates, many car accidents are due to driver impairment or behavior. The Centers for Disease Control and Prevention (CDC) estimates 29 deaths every day in the U.S. that involve an alcohol-impaired driver. Numbers for 2014 put total DUI crash fatalities at 9,967, accounting for nearly one-third of all traffic accidents in the country that year. 

These numbers are overwhelming. With over 200 million drivers on the road, the unimaginable can happen in a split second. Drivers, passengers, and even pedestrians are at risk of fatal injuries at every moment. Therefore, it is important to understand the rules of the road and how to handle various situations to avoid crash deaths and car accidents. 

Safe Driving Tips

  • Wear your seat belt at all times. Get in the habit of buckling up as soon as you enter the vehicle.
  • Obey all speed limits and signs.
  • Never drive under the influence of alcohol or drugs. These days, there are great options when it comes to getting a ride. Whether you order an Uber or Lyft ride share, call a local car service or taxi, or ask a friend to give you a ride, there are various options. Getting on the road if you are impaired can have a negative impact on your life, and the lives of others, for years to come. 
  • Keep your eyes moving. Get used to being aware of what is happening on all sides of the road. Also, check your rear view mirror regularly.
  • Know that other drivers will make mistakes and drive irresponsibly. It is important for you to be alert and ready to react in a manner that keeps everyone on the road safe. While you may be angry with the other drivers or pedestrians, causing an accident on purpose will result in bigger problems.
  • When approached by an emergency vehicle, pull over to the right of the road and stop.
  • When driving on multi-lane roads or highways, know that the left-most lanes are for passing only. If you do not intend to pass a vehicle, stay in the right lanes.

Car Safety Check

Before driving a vehicle, and especially in bad weather conditions, do a simple car safety check.

  1. Turn on the lights and walk around the vehicle to ensure all lights are working properly.
  2. Make sure your turn signal indicators, or blinkers, are working.
  3. Check that there is no sign of fluid leaks or things hanging from the vehicle.
  4. Don’t forget your tires. If they look flat, stop by a gas station or repair shop for air before driving long distances.

Next, adjust mirrors before you get on the road. To adjust the left mirror, place your head against the left window and adjust the mirror so that you can just see the left side of the car. For the right side, move your head towards the center of the car and adjust the mirror the same way. This will help reduce your blind spots.

Car Accident Lawyer Free Consultation in the United States (US)

If you’ve been injured in a car accident, you may be entitled to damages under the law.

At 1-800-THE-LAW2, we maintain a network of experienced car accident lawyers who are standing by to provide a free consultation. Our agents will connect you to an attorney who will guide you through the litigation process after evaluating your case.

Contact us today at 888-943-0190

How to Talk to Insurance Claims Adjusters After an Accident

If you have been in a traffic accident, here is everything you need to know about how to talk to insurance claims adjusters. We know you are not enthused about going through the potentially lengthy legal claims process, and would rather focus is on recovering from injuries and returning to everyday life. This is understandable, and therefore it is important to work with an attorney as soon as possible.An attorney will handle your case from start to finish. When dealing with your insurer, your attorney will work as your advocate.

Your insurance company wants desperately to reject your claim and leave you with as little money as possible. That is the core of their business, after all. We know, it is a lot to take in. But, let’s clarify so that you understand. In this article, we will cover these topics:

How Do Insurance Companies Make Money?

How Insurance Companies Actually Work

It is easy to assume that when an auto accident occurs, you will be protected. The reality is unfortunate and harsh.

Insurance companies profit by paying out as few claims as possible. The fewer claims an insurance company pays, the higher its profit margins. When they have to pay a claim, they will generally make the lowest settlement offer possible, known as insurance underpayment.

In America, we are often told your insurer should be among your first calls after you have been in a vehicle collision. This is horrible advice.

2 Ways Insurance Companies Make Profit

Insurance companies profit when their customers do these two things:

  1. Don’t get into car accidents, or
  2. Get into accidents, but have their claims rejected or underpaid claims.

Simply put, your insurer hopes you’ll fail and be left with nothing. They want you to contact them “as soon as possible.” While you’re on the phone with the insurance adjuster, they’ll coax you with a pre-prepared conversation, so that you’ll reveal sensitive information about your accident. If they catch you saying a single thing that could be used to reject your claim, they will write it down and undermine your attempt to obtain benefits.

So, what should you do?

How to Negotiate a Settlement With an Insurance Claims Adjuster

Wondering How to Talk to Insurance Claims Adjusters?

First, contact an experienced auto accident attorney. Their job is to be your advocate, and they will speak to your insurer on your behalf. They will protect your claim and negotiate a favorable outcome. It’s no surprise that working with an attorney leads to significantly better payouts on average.

Dealing with Insurance Adjusters

How to Deal With an Insurance Claims Adjuster

Even if you avoid contacting your insurance company, a claims adjuster may try to contact you. If you’re wondering how to talk to insurance claims adjusters, the answer is: don’t. We encourage you not to speak to them, even if they take steps to contact you. Avoid conversation, and have your attorney speak on your behalf. It’s important to reiterate this because it is the key to maximizing compensation.

After an accident, your attorney will know what to say to your insurance company. Moreover, your attorney will have the experience necessary to guide you through your legal options.

Now, suppose you’re still curious about how to speak to an insurance claims adjuster without undermining your claims. In that case, there are a few considerations to keep in mind: their responsibilities and your legal rights.

What Does an Insurance Adjuster Do?

Insurance Claims Adjusters Responsibilities

An insurance adjuster, also known as an insurance claims adjuster performs these duties for their job:

  • Investigating claims
  • Determining if the insurance company is liable
  • Determining the losses
  • Identifying whether a claim should be rejected
  • Making settlement offers that are as “low” as possible
  • And more

What You Should Not Say to an Insurance Claims Adjuster and What to Do

Here are 5 things you should do and not do when talking to an insurance adjuster about your accident:

Write Down Their Contact Information

When speaking to an adjuster for insurance, write down their contact information. Specifically, this includes their: phone number, business address, and insurance company.

Do Not Disclose This Information About Yourself or the Accident

Again, we do not encourage you to speak to the adjuster. But if you insist, do not disclose any information about yourself or details of the auto accident. Offer only basic information about your identity, so that they know that you’ve been in an accident.

Do Not Agree to Recorded Statements

If the adjuster offers to let you make a recorded statement, do not agree. It’s a common tactic for insurance claims adjusters to get the information they need to deny your claim.

Do Not Agree to an Insurance Settlement

If the insurance claims adjuster makes a settlement offer, do NOT agree. It is almost certainly a low-ball offer. Agreeing to the low-ball offer leaves many thousands of dollars (even tens or hundreds of thousands of dollars) on the table.

Do Not Sign Anything

Finally, the adjuster may attempt to have you sign documents that admit fault or otherwise harm your claim. Do NOT sign anything. This is a common and aggressive scare tactic of insurers. Instead, contact a qualified local attorney and ask them for guidance on how to proceed.

Can An Insurance Company Refuse to Pay a Claim?

How to Handle Insurance Claim Denial

The best way to handle a claim denial is to simply avoid it by working with an attorney to submit the claim in the first place. If you already filed an insurance claim and it was denied, you have options. You can resubmit the claim or otherwise challenge the claim denied.

Insurance claim adjuster secret tactics include focusing on the tiniest details to shift the blame to you. They want you to be at least partially at fault for the accident, so they can justify underpaying your claim or even denying it entirely.

Find an Auto Accident Attorney Today for a Free Lawyer Consultation

Working with an attorney who handles claims against insurance companies is invaluable. Their goal is to protect your rights and secure the maximum possible compensation.

Contact an accident lawyer in your area. Call 1-800-THE-LAW2 for a free consultation with experienced local lawyers who sue insurance companies.

Injured in a Single Vehicle Accident? You Might Be Entitled to Damages

Across the United States, single-vehicle accidents are common. However, when people envision a typical car crash, they often think it involves two vehicles. As a result, one car accident where no one admits fault or no one else is involved is not usually perceived as a legal claim. After all, if the driver who caused harm, the defendant, and the driver who receives the injury, the plaintiff, are not both present during the accident, is it even a legal claim?

What Are the Odds of Having a Single Car Accident?

Single vehicle collisions occur with surprising frequency, and they do not always involve two vehicles. According to the Insurance Institute for Highway Safety (IIHS), in the United States, 9,973 deaths linked to single vehicle collisions occurred in 2019. As such, it is fair to say that single vehicle collisions are a problem area for major and minor car accidents that deserve more attention.

If you have an injury as the result of a single vehicle accident, you may find your case strategy requires a more skillful touch. For free lawyer consultation over the phone, call 1-800-THE-LAW2 and connect to an experienced car accident attorney near you in our network.

Curious about single vehicle collisions? Check out our short video on the subject below, or keep reading!

WATCH THE LATEST VIDEO SHORT FROM 1-800-THE-LAW2: Single Vehicle Accident video on Youtube

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1800THELAW2 ON YOUTUBE: WATCH SINGLE VEHICLE ACCIDENT VIDEO

When Is a Driver Liable for a Single Vehicle Accident?

In a single-vehicle collision scenario, it’s not always obvious whether someone can be legally liable for injuries. This stands in stark contrast to car accident scenarios where liability is obvious, such as a drunk driver accident. Whereas in DUI cases, there is clearly a driver in the wrong. However, in a single vehicle crash, that is not always the case.

Liability is Not Obvious in a Single Vehicle Accident

To determine liability, a comprehensive evaluation of evidence is necessary. In the early stages of any legal claim, assistance of an experienced car accident attorney is invaluable. As the injured person, you might not realize that you have an actionable claim for damages under the law. An attorney can determine who is potentially liable, and how much they potentially owe you. Naturally, this has an impact on your legal claims for a single car accident. No insurance? If you lack proper insurance coverage, it’s much more critical to work with an attorney, as you won’t have any benefits to fall back on if you don’t sue and recover damages.

What Does It Mean to be in a Single Car Crash?

In a single vehicle crash, there is no driver who collided with your vehicle. Thus, you’ll have to explore other avenues for damages recovery and legal compensation.

Who Can You Sue in a Single Vehicle Collision?

Many victims do not realize that there are many other parties who are potentially liable for their injuries. A few examples are:

What are the Two Collisions that Happen in a Crash?

Here are two examples of one car accident cases where no one admits fault, yet another party is potentially responsible. They are:

Tree Accident Example

For the first example, suppose you have an injury that resulted from a fallen tree while driving. Here’s what happened. The tree was located on City property, and it was poorly maintained. The City made no proper inspections, and thereby allowed the tree to become structurally damaged. As a result of improper maintenance, it fell on a nearby car. Specifically, the tree accident involved your car, the tree, and no other vehicle. If this happened to you, you could sue the City and recover compensation for the one car accident, even though it involved no one else.

DUI Crash Example

In the second example, imagine your injury was a single vehicle collision that resulted from a DUI crash. This is what happened. A drunk driver swerved into your lane, and you suddenly switched lanes to avoid a car reck. In turn, you lost control and crashed your vehicle. Under these circumstances, you can sue the drunk driver despite the fact that they never actually touched your vehicle.

Leaving The Scene Of An Accident

Here’s an important single care collision advice:

If you’ve been in a single vehicle collision, avoid leaving the scene until you can do everything needed to preserve your legal claims. This may involve recording pictures and video evidence of the car crash scene, calling an attorney to help you physically evaluate the situation, and speaking to nearby witnesses to get their contact information. Many times, witnesses are a useful resource to prove that your version of events is correct.

Since environmental hazards and road defects cause many single-vehicle accidents, it is important to record that information in detail. When possible, collect video evidence, take pictures, and write down every detail you observe and remember from the car crash.

Also, be sure to secure medical assistance as soon as possible. Failure to seek timely medical assistance can undermine your legal claims. So, if you are seriously injured, do not delay. Get the medical attention you need.

Contact 1-800-THE-LAW2 For Free Lawyer Consultation Over the Phone

If you had an injury as a result of a single vehicle accident, please call us today. In order to preserve your legal claim, it is important to contact a qualified attorney as soon as possible. Our network of highly skilled auto accident attorneys provide free lawyer consultation over the phone. After investigating the evidence, your lawyer will develop a case strategy that may potentially lead to recovery of damages. Consultations over the phone are confidential.

Call us now to get connected to an experienced car accident attorney in 10 minutes or less. Legal consultation is free and confidential. If you decide to not move forward with the case, there is no commitment.

Distracted Driving Awareness Month

April is distracted driving awareness month, so we feel it’s important to take a moment to explore some basic issues, and to bring the facts to light.

Distracted driving is an issue that doesn’t get enough attention, even though it contributes to so many accidents. Given the widespread use of mobile phones over the last 20 years, car accidents are becoming more common due to inattentive or distracted drivers.

If you are a driver, passenger or pedestrian, you should be aware of the risks posed by distracted drivers, how to avoid them, and what you can do legally if you are injured.

How to Win Your Case

In auto accident cases, you are entitled to damages under certain circumstances. You’ll have to prove that the defendant not only hurt you, but also that he was negligent, reckless, or intentional.

Distracted driving is “negligent” or “reckless” conduct. In other words, the driver who caused your injuries didn’t mean to cause injuries, but he behaved recklessly under the circumstances. Their behavior increased the likelihood that someone would get hurt, and that’s exactly what happened.

For more information on: What is the Difference in Negligent vs. Reckless Driving?

To win a distracted driving case, you have to prove that the driver was distracted while he was driving, and that his behavior wasn’t justified under the circumstances.

Confused? Don’t worry, let’s use a brief example to clarify. 

When It Is Not Considered Distracted Driving  

Let’s say you’re injured in an auto accident. You believe the defendant was distracted while driving, which led to the collision (they weren’t paying attention to the road).

As you investigate the case further, you discover that the defendant-driver had their attention diverted because their passenger had a seizure. The seizure caused the passenger’s arms and hands to enter the driver’s field of view, and even interfere with their use of the steering wheel. The driver had to take a moment to deal with the situation, which distracted them from the road.

In these circumstances, the driver’s distraction would be justified. It would not be unreasonable. It might be a bit harder to win the case, or the damage recovery might be reduced.

On the other hand, suppose the driver was distracted because he was texting friends while driving. This behavior is unreasonable and unjustified, and qualifies as negligence or recklessness under the law, so you might be entitled to damages.

Statistics of Distracted Driving Infographic 

Here at 1-800-THE-LAW2, we have created an infographic to help the public better understand some important facts and statistics of distracted driving. Enjoy!

Click Here to Download

April is national distracted driving awareness month. Distracted Driving Infographic by 1800thelaw2.com

Examples of Distracted Driving 

Distracted driving can take on many forms, including: 

  • Texting while driving 
  • Cell phone use while driving 
  • Talking to other passengers while driving 
  • Inattentiveness (i.e., looking at the sidewalk instead of the road ahead) 
  • And more 

For example, while most people associate cell phone use with distracted driving, a driver can be drawn into conversation with his friend in the passenger seat. This conversation could distract the driver, causing them to make a mistake that leads to an accident.

Suppose the passenger contributed to the accident by distracting the driver. In that case, it may be possible to sue the passenger for damages. For a strategic approach, this makes it easier to secure the maximum possible compensation.

Contact 1-800-THE-LAW2 for a Free Consultation 

If you’ve been in a car accident because of a distracted driver, you may be entitled to significant damages. When pursuing your claim, you’ll want to work with a qualified attorney who can help you from start-to-finish.

Here at 1-800-THE-LAW2, our attorneys are standing by to help you. We have a network of lawyers who are experienced in handling distracted driving cases.

Call us at 1-800-THE-LAW2 for a free and confidential consultation. We’ll connect you to an experienced attorney in 10 minutes or less. 

What to Do When Involved in a Parked Car Hit and Run Accident | Car Accidents Attorneys

According to an Allstate Insurance study from 2010, 69 percent of all hit-and-runs in the U.S. involve parked cars. If you unknowingly hit a parked car, you may feel embarrassment and want to drive off. Or if your parked car was hit, it can be extremely frustrating if the person did not leave a note with any contact information. Here is how to proceed in both instances.

How Do You Handle Hitting a Parked Car?

If you hit a parked car:

  1. Stay at the scene, it’s the law.
  2. If the owner or driver of the car cannot be found, leave a note.
  3. Before you leave the scene, take pictures and videos that show the condition of both cars, in addition to the license plate numbers.
  4. Try to find a few witnesses. 
  5. Call your insurance company as soon as possible so they can expedite the claims process. 

Stay at the scene, it’s the law. 

Leaving the scene after you hit a car is considered a hit and run. Conviction of a hit and run can lead to a substantial fine, jail time or community service, and suspension of you license.

If the owner or driver of the car cannot be found, leave a note. 

Most states require you leave a note that includes your name, address, contact number, an explanation of what happened, and if you were driving another person’s car, their name and address as well. You may want to leave your insurance information if you have it handy, as well. There’s no need to admit in writing that you weren’t paying attention or any other information that might be used against you later on when the insurance companies settle the claim. Tuck the note securely under the windshield wiper.

Before you leave the scene, take pictures and videos that show the condition of both cars, in addition to the license plate numbers. 

This can help safeguard you if the driver of the parked car claims you did more damage than you remember.

Try to find a few witnesses.

Get their contact information and take a video of their description of the hit. This will help show that you were diligent in trying to find the owner, and take responsibility for the accident.

Call your insurance company as soon as possible so they can expedite the claims process. The property damage liability portion of your coverage will pay for damages to the parked car, while collision coverage will cover your own car, once you pay the deductible.

What Should I Do If Someone Hits My Parked Car?

If your parked car was hit:

  1. If you get back to the parking lot from the mall and notice your car has been hit, the first thing to do is check to see if the driver is still around and collect his or her information. If the driver did not stick around, look around for a note or information the other driver may have left.
  2. If no note was left, check the area for any witnesses. Ask security to view footage from the parking lot and see if you can identify the other car’s license number. If you can find eyewitnesses, get their account of what happened and be sure to get their names and contact information.
  3. Take photos of the damage to your car expedite the claims process with your insurer.
  4. If the damage was bad enough, call the police. They can take a report and probably expedite the time it takes to access any surveillance cameras.
  5. Contact the insurance company – or both companies, if the other driver left the information in a note.

What is a Hit and Run?

Hit and runs refer to an auto accident where a vehicle hits a person, object or other vehicle. Then, the driver flees the scene without providing their information.

Hit and run statutes vary from state to state, however it is usually considered the crime of a driver of a vehicle who is involved in a collision with another vehicle, property, or person, who knowingly fails to provide his or her name, license number, and other details as required by law to the injured party, witness, or police officials.

If a vehicle has hit property and no other persons are involved, it may suffice to leave the information attached to the damaged property, provided that the person who caused the accident make a police report.

Examples of hit and run accidents include:

  • A driver hitting pedestrians in the crosswalk and then speeding off
  • A driver hitting your unattended parked car without leaving contact information or any means of collecting damages

What to Do After a Hit and Run Accident

If you are the victim of a hit and run, getting medical attention is the number one priority. Call the police for help if you can, otherwise call out for help from fellow drivers/pedestrians. If your injuries are not serious, it is important to remain calm and try to gather as much evidence as possible given the status of the scene. Having more information increases the likelihood of the police catching the driver who hit you, and helps your car insurance company make decisions about your claim.

Try to get information about the make, model, and license plate number of the car. Next, look around and talk to witnesses. Perhaps, they were able to view additional details about the car, or can supply missing information about the driver’s profile.

Document the scene, take pictures and videos on your phone. Be sure to get different angles of your car, especially if there are remnants of paint from the other car. (This will help prove you are not attempting to defraud your insurance company.)

If the hit and run occurred when your vehicle was parked, you should also document as much information as you can – the time you discovered the damage, the location of the vehicle, and details on the damage.

While it may be tempting to go after the other car, either by driving or on foot, this may cause more harm than good. Not only are you putting other vehicles at risk with reckless driving, but also you may injure yourself further.

It is best to call the police and file an accident report that includes the details you gathered, as well as the names and contact information for witnesses you were able to find. Even if the police cannot find the driver, having an official police report can go a long way in processing your auto claim.

Contact your car insurance company. In terms of auto insurance, hit and run accidents are the only accident in which you are not at fault for which you will be required to pay your collision deductible, in most cases. There is no other coverage on your auto policy that will cover a hit and run, which is why you will be required to pay the deductible. If you do not carry this optional coverage, you will not have insurance benefits to cover your damage.

What Are Potential Hit and Run Consequences? | Attorneys for Car Accidents

This article can help to answer these questions about hit and run consequences: What is a hit and run? | What are the charges for a hit and run? | Is a hit-and-run a felony or misdemeanor? | How many points for leaving the scene of an accident? | What evidence is needed to convict a hit and run?

If you are a victim of a hit-and-run accident, consult with a qualified hit and run lawyer for guidance. Contact 1-800-THE-LAW2 today to schedule your free consultation.

What Is a Hit and Run?

A hit and run is generally defined as being involved in a car accident, either with another vehicle, a motorbike, or even pedestrians. Then, leaving the scene of the accident without stopping to identify oneself, or to provide aid to anyone who might need assistance.

Common hit and run circumstances include:

  • Drivers causing serious injury to a pedestrian and fleeing the scene because he or she was driving with a suspended license from a previous DUI charge and did not want to be charged for another offense
  • Drivers hitting a parked car and leaving the scene to avoid paying for property damage
  • Drivers hitting police cars that have been set up as part of a roadblock to avoid getting in trouble

Fleeing the scene of an accident has serious consequences. All drivers should think twice before leaving the scene of any accident they have been involved in.

Hit and Run Charges

What Is the Penalty for Leaving the Scene of an Accident?

In most states, it doesn’t matter whether a driver caused the accident or not. The fact that a party left the scene is enough to face consequences of a hit and run. An exception to this is if someone left to try to get help, as long as he or she returns to the scene immediately.

Major vs. Minor Penalties

Is a Hit and Run a Felony or Misdemeanor?

Hit and run consequences vary from state to state. Many states classify the charge as either a felony or misdemeanor depending on specific circumstances. Felony charges tend to be imposed in instances where a person has suffered any kind of injury, whether the injured person was a pedestrian or occupant in another vehicle. Guilty persons may be fined anywhere from $5,000 to $20,000. In addition, they may face the possibility of jail time of up to 15 years. A misdemeanor offense, while less severe than a felony, is punishable by a fine of up to $5,000 and also up to one year in jail.

License Points

How Many Points for Leaving the Scene of an Accident?

In addition to criminal consequences of a hit and run, almost every state imposes administrative penalties related to the person’s license. Any conviction will usually result in automatic suspension, or even revocation of the driver’s license for about six months. Some states impose the suspension for as long as three years. Other states impose the suspension for a lifetime, depending on the circumstances of the accident.

At-fault drivers may also be subject to civil cases. An injured party can file an injury claim for damages to their property. They may also be able to file for compensation for medical treatment and lost wages.

What Evidence is Needed to Convict a Hit and Run?

In a criminal trial, a prosecutor must usually prove the following facts to find someone guilty of a hit and run:

  • While driving, the defendant was involved in the vehicle accident
  • The accident caused serious injury, permanent injury, or death to someone else
  • The defendant knew he or she was involved in the accident that caused injury to someone else, or knew that injury was probable given the circumstances of the accident, AND he or she willfully failed to perform one or more of the following duties:
    • To stop immediately at the scene
    • To provide reasonable assistance to any injured persons
    • To give involved parties or authorities their contact and vehicle information; if not their vehicle, to provide the details for the owner of the vehicle; to provide the name and details of injured individuals in his or her vehicle; to show a driver’s license upon request at the scene; to notify authorities without unnecessary delay to fatalities as a result of the accident.

Call 1-800-THE-LAW2 to Find a Hit and Run Lawyer Near You

After a hit and run accident, you may still be eligible for accident compensation. Let our personal injury attorneys make the litigation process easier for you. Contact us today to schedule your free consultation.

Can You Recover Damages If You Were Not Wearing A Seatbelt?

If you’ve been injured in a car accident (due to the fault of another driver), but you weren’t wearing a seatbelt, then you may be wondering if you’re legally entitled to sue and recover damages. After all, failing to wear your seatbelt could have contributed significantly to your own injuries, and could be considered negligent behavior.

Whether you’re entitled to damages — and to what degree — depends in large part on the rules of the state in which your case will be litigated. It also depends on the specific facts and circumstances of your accident.

Except for a few states, however, you should be able to sue and recover damages in many no-seatbelt cases. As these cases can be a challenge to litigate, it’s important that you work with an experienced car accident attorney who understands how to navigate the strategic roadblocks. Call 1-800-THE-LAW2 to get connected to a skilled attorney in our network today for a free legal consultation.

For now, let’s explore how fault works in accidents where both sides engaged in negligent behavior.

Comparative Fault and Contributory Fault Basics

States implement one of three fault doctrines when evaluating how to allocate fault after a car accident. So, if you were not wearing a seatbelt at the time of your accident, one of the following may apply:

Contributory Fault

Under the contributory fault doctrine, if you — the plaintiff — are even 1 percent at-fault for your own injuries, then you are prohibited from suing and recovering damages in a car accident. For example, if you failed to wear a seatbelt, and that failure contributed to your injuries, then the court would preclude you from obtaining any sort of compensation through a lawsuit.

As the contributory fault doctrine is extremely strict and anti-plaintiff, you’ll want to work closely with an attorney to ensure that you do not run afoul of the rule. There may be ways in which you can strategically develop the case (and present the facts) that show you are not responsible for your own injuries, even if you engaged in negligent activity at the time of the accident.

Pure Comparative Fault

Under the pure comparative fault doctrine, you can be 99 percent at-fault for your own injuries and still recover damages. The law would not prevent you from suing and obtaining compensation from the defendant, no matter how fault is allocated. However, it’s important to note that while you can sue and recover damages, those damages will be proportionally reduced by your contribution of fault.

How does this work?

Suppose that you are injured in a car accident in which you were not wearing a seatbelt. The court determines that you were 30 percent at-fault, due to your failure to wear a seatbelt. The total damages is roughly $100,000. You would be entitled to recover 70 percent of the total damages, or $70,000.

As such, even in pure comparative fault states, defendants have much to gain from showing that you were also at-fault — by doing so, they can reduce their damages’ liability to some degree.

Modified Comparative Fault

Under the modified comparative fault doctrine, you can sue and recover damages in a lawsuit against the defendant, but only if you were less than 50 percent at-fault. If you are 50 percent (or more) at-fault, then you will be prohibited from recovering damages entirely.

The modified comparative fault doctrine is thus a mix of pure comparative fault and contributory fault.

For example, suppose that you are injured in a car accident and were not wearing a seatbelt at the time of the accident. The court finds that you were 60 percent at-fault, as if you had been wearing your seatbelt, you would not have sustained any significant injuries. Under modified comparative fault, you would not be entitled to recover any damages through a lawsuit. If the court found that you were 40 percent at-fault, however, then you would be entitled to recover damages.

Proving that the Defendant “Caused” the Injury

Whatever the particular “doctrine” of fault that applies in your state, you can reduce how much fault the court allocates to you by showing that your negligent acts were not actually connected to the injuries — and that it was the defendant’s negligent acts that caused your injuries.

This can be a bit difficult to understand, so let’s use a brief example for clarity.

Suppose that you are injured in a car accident, and you weren’t wearing your seatbelt at the time of the collision. The defendant-driver sideswiped you, causing you to sustain multiple fracture injuries on your left side.

Now, the defendant knows that you were not wearing your seatbelt, and they are attempting to paint that you as highly negligent. They want to prove that your failure to wear a seatbelt is what led to severe injury. In truth, however, your failure to wear a seatbelt — though negligent and somewhat irresponsible — is not linked to the injuries you sustained. It is not as though you were flung forward through your window.

Here, the same sideswipe injuries would have occurred had you been wearing your seatbelt. As such, your negligence in failing to wear a seatbelt did not actually contribute to your injuries (and thus, fault cannot be allocated to you in this context).

Contact A Car Accident Attorney In Your Area For A Free Consultation

Here at 1-800-THE-LAW2, we operate a large network of experienced car accident attorneys who are standing by to provide assistance, whether or not you were wearing a seatbelt at the time of the accident.

Call us to get connected to a skilled accident lawyer in just 10 minutes or less. Consultation is free and confidential, so there’s no downside to contacting us to schedule an initial consultation.

We look forward to speaking with you.

What is the Difference Between Negligent and Reckless Driving? | Car Accident Injury Attorney

Negligent and reckless driving cases may result in injuries and damages that are essentially the same. If there are similar injuries or damages to one’s property, you may wonder: What is the difference between negligent vs reckless driving? The latter tends to have worse consequences in many states across the nation. Negligent driving is typically a civil traffic offense, but reckless driving may be considered a crime.

There are a number of unique issues in car accident disputes involving either negligent or reckless driving. For guidance on how to proceed, it’s worth connecting to an experienced car accident attorney. Call 1-800-THE-LAW2 for a free consultation today.

Reckless Driving

What Is the Meaning of Reckless Driving?

Reckless driving includes unlawful and unsafe driving with a disregard for the safety of other motorists and pedestrians. Individuals who engage in reckless driving are aware of the risks involved with their actions behind the wheel, but continue to drive in a dangerous manner. A reckless driver has not only taken unnecessary risks, but do so in areas where the chances of injuries or damages are high.

Is Reckless Driving a Criminal Offense?

Due to the willfulness and intention of the driver, it is usually considered a criminal activity.

What Are Examples of Recklessness?

Examples of Reckless Driving Include:

  • Driving well above the speed limit
  • Not using turn signals when turning or changing lanes
  • Driving under the influence
  • Texting or talking on the phone
  • Refusing to stop at Stop signs and/or red lights
  • Failing to turn on lights while driving at night or in rainy conditions
  • Racing on public roads or illegal street racing
  • Knowingly operating a vehicle while intoxicated

Negligent Driving

How Do You Define Negligence?

Negligence occurs when drivers fail to use reasonable care while operating a vehicle, which could lead to personal injuries and damages to one or more vehicles. Drivers have a legal obligation to act in a certain manner that is dictated by law. When they proceed to breach that duty by acting in a particular manner, or failing to act at all, they are being negligent.

Is Reckless the Same as Negligence?

No. Unlike reckless drivers, negligent drivers do not know about the inherent risks associated with their behavior, which is why these accidents are often classified under traffic infractions.

What Are Examples of Negligence?

Negligent Driving Examples Include:

  • Unintentionally failing to provide a safe environment for other drivers and pedestrians
  • Incidents where the term “accidental” may be used to describe the event
  • Driving on private property without the owner’s consent
  • Driving under the influence of non-prescribed drugs or alcohol

Suing A Defendant For Negligent vs. Reckless Driving

How Do You Win a Negligence Case?

If you’ve been seriously injured in a car accident, then you may be entitled to damages under the law. Though many plaintiffs aren’t aware, the potential compensation, and the legal strategy you pursue, could be influenced by the defendant’s actions.

What Is a Car Accident Case Example of Negligence?

Suppose a defendant was street racing when they collided with your vehicle. The car accident lawsuit will be different than if the defendant was driving at a reasonable speed but distracted. The street racing defendant would be considered a “reckless” driver, making it easier for you to hold them liable. Bonus punitive damages might also be available, depending on the circumstances.

Damages May Be Different

As a general rule, it’s easier to “scale up” the damages claim in a reckless driving case, as opposed to a negligent driving case. The driver that injured you not only is more likely to have caused serious injury, but also engaged in behavior for which a jury may feel like “punishing” them through a large damages award. Additionally, however, reckless driving cases may also provide ample opportunity for a punitive damages recovery.

What Is an Example of Punitive Damages?

Punitive damages are bonus damages that multiply the baseline damages. For example, if your accident case is worth $50,000, then the punitive damages amount may be up to $350,000, for a $400,000 total recovery.

Who Gets Punitive Damages?

Punitive damages are only available at the discretion of the court, however, and that too, only when you can show that the defendant-driver engaged in malicious or egregious misconduct that recklessly disregarded the safety of others.

Given the possibility of maximizing the damages award, it’s critical that you pursue punitive damages where it might be potentially available. Doing so requires the assistance of a skilled car accident attorney who has experience securing such damages for clients.

Consequences for Reckless Driving and Driver Negligence

What Is the Penalty for Negligent Driving?

Penalties for negligent and reckless driving differs by state and on the severity of the accident. Given the more serious nature of reckless driving, the consequences associated are greater than negligent driving. Negligent driving penalties may include:

  • Suspension of one’s driver’s license
  • Fines
  • And even imprisonment

Safe Driving Tips

Avoid reckless and negligent driving to keep yourself, fellow motorists, and pedestrians safe by following these tips for safe driving:

  • Allow plenty of time to get to your final destination. This will help you avoid speeding, changing lanes quickly without signaling, and overall aggressive driving.
  • Wear glasses and/or contact lenses when driving to see clearly, especially at night.
  • Avoid distracted driving such as texting, talking on the phone, eating, and playing with the radio. When engaged in any of these activities, it’s easy to go too fast, swerve into other lanes, and run traffic lights/signs.
  • Don’t drive under the influence. Always assign a designated driver, keep a local taxi number handy, or stay at a friend’s place. A conviction related to DUI can lead to license suspension and jail time.

Contact a Car Accident Attorney for a Free Consultation

If you’ve been injured in a car accident, then you may have a right of action against the defendant. Of course, depending on whether the defendant-driver was acting negligently or recklessly, the legal strategy, and damages, involved may change. It’s important to work with an attorney near you who understands how to navigate these challenges. We’re here to help you secure the compensation you deserve.

At 1-800-THE-LAW2, we maintain a network of experienced car accident lawyers who are standing by to provide a free consultation. Our agents will connect you to an attorney who can guide you through the litigation process after evaluating your case. Don’t delay. Call 1-800-THE-LAW2 to get connected today.

Hiring a Workers’ Compensation Lawyer Made Easy

After a workplace injury you may be asking why you should hire a workers’ compensation attorney if your employer has insurance? The answer is simple. The insurance companies are interested in one thing: settling for the least amount possible. You could be eligible for so much more, and one of the benefits of hiring a workers’ compensation lawyer is that he can help you get it.

Your next question may be w how soon you  should  hire a lawyer after  you’ve been hurt at work? The answer, again, is simple: As soon as possible!

The sooner you get a workers’ compensation lawyer, the better he or she can help protect your legal rights, help you receive proper medical care, make sure your accident is properly reported, and help maximize the workers’ compensation benefits you receive.

What are the Next Steps After hiring a Workers’ Compensation Lawyer?

In addition to contacting an attorney right after your work accident, you must notify your employer within 30 days of an injury, or as soon as you learn or believe your injury was caused by your job. If you don’t report your injury within 30 days, you could lose your right to receive workers’ compensation benefits. Missing this deadline could potentially cost you hundreds of thousands of dollars in medical care, disability payments and lost wages. And not immediately seeking medical help could cause your injury to worsen.

What Are the Benefits of Hiring a Workers’ Compensation Lawyer?

Workers’ compensation covers wage replacement, medical treatment, vocational rehabilitation and other benefits to workers (and/or their dependents) that experience work-related injury or occupational disease.

Many factors determine the amount of one’s workers’ compensation disability benefit, including the seriousness of one’s injury, how long one is disabled, and how much money one would earn if it weren’t for the workplace injury.  Monthly workers’ compensation benefits vary by state, but most states pay two-thirds of your pre-tax weekly wage.

The workers’ compensation system can be confusing, frustrating, and it could take months, even years, before your claim is finally settled. This is when the benefits of hiring a workers’ compensation lawyer reveal themselves. An experienced workers’ compensation lawyer can be responsible for dealing with your employer’s insurance company, help arrange medical evaluations, get you to the right doctors, and represent you at the Workers’ Compensation Appeals Board (WCAB).

Temporary and permanent disability benefits will not cover your lost wages 100 percent, so the sooner you are medically well enough to return to work the better it can be for you, your family, and your overall quality of life.

If you’ve been injured at work, get proper medical attention as soon as possible. And as soon as you’re able, get legal help to be sure your rights – medical and legal – are fully protected as well.

How to Choose the Best Workers Compensation Attorney

When looking for the best workers’ compensation attorney, treat the process like you would any other professional you count on: choose carefully. After all, you wouldn’t trust your health to just any doctor, or your teeth to just any dentist, right? Choosing the right attorney for your workers’ comp case is just as critical.

  • Look for experience. If you’re hurt and out of work because of a work accident, there’s a lot at stake. Medical bills can pile up fast, and any income loss could make it really tough to pay the bills and buy everyday necessities. Look for an attorney who has years of experience working with cases similar to yours. This experience can be a huge benefit to your case, especially when it comes to dealing with insurance companies.
  • Be impressed by success. Experience is one thing; success is another! You want both. Be sure to ask any potential workers’ compensation attorneys about their successful cases. Ask as many questions as possible about the details of the case, including the amount awarded, how long the case took, what the challenges were and how the attorney solved them.
  • Make sure the price is right. The best workers’ compensation attorney doesn’t have to come at a high cost. Our workers’ compensation attorneys work on a contingency basis, so they don’t get paid until they win your case. Because there are no out-of-pocket fees, just about anyone who needs high-quality legal help can get it quickly and easily.
  • Look for signs of dedication. If an attorney is active in workers’ compensation associations or groups, that’s a good sign. It shows that the attorney is dedicated to staying up to date on workers’ compensation issues, exchanging information with peers, and building good relationships that could come in handy in the future.
  • Go with your gut. Chemistry is important. There are no one-size-fits-all guidelines for defining what feels right for you, but asking yourself the following questions can help guide a gut check: Do you feel comfortable with the attorney? Does he or she look you in the eye? Is the attorney’s office clean and well-organized? Are your questions answered in a way that makes you feel secure and informed? Do you feel hopeful after talking to the attorney?

Another note on choosing the best workers’ compensation attorney: Avoid anyone who claims they’re a specialist but, in fact, has little to no experience. When your life is on the line, you can’t afford to take risks.

The easiest way to find the best workers’ compensation attorney near you is to call us. We offer free legal consultation 24/7.

PS: One last piece of information you must always keep in mind: Making a false or fraudulent workers’ compensation claim is a felony in California subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.
The information within the blog is not to be construed as legal advice.

Is Workers’ Comp Taxable?

Getting hurt on the job can be financially worrisome. Injured workers must deal with the stress of recovering from an injury or illness, and possibly coping with permanent disability. In addition, even with workers’ compensation insurance, it is unlikely that individuals are bringing home 100% of the salary they previously earned.

In terms of federal income tax, workers’ compensation awarded under a worker’s comp act or statute due to a work-related injury or sickness is fully exempt from tax. Payments to survivors under the same circumstances are also exempt.

Workers’ comp is in the same category of non-taxable income as:

  • Payments from the public welfare fund
  • Compensatory damages for physical injury or sickness
  • Disability benefits under a no fault car insurance policy for loss of income or earnings capacity due to the extent of injuries
  • Compensation for permanent loss or function of loss for part of the body, or for permanent disfigurement.

The lone exception to this is when an individual also receives disability benefits through the Social Security disability insurance or Supplemental Security Income. In some cases, the Social Security Administration may limit a person’s disability insurance or supplemental payments so that the combined amount of the worker’s comp benefits and disability payments remain below a specific number.

To figure out the taxable portion with this exception, individuals should be aware that it is the same amount by which the Social Security Administration reduces the disability payments. For example, if disability insurance is reduced by $100 due to the workers’ comp offset, then $100 of the workers’ comp payment is taxable.

Talk to an Experienced Workers’ Comp Attorney

An experienced workers’ comp attorney may be able to assist in structuring workers’ comp settlements in a manner that reduces taxable income. If you or a loved one has been injured on the job, call today for a free consultation with a workers’ comp lawyer to ensure all your medical needs are being met, and to ensure you pay as little taxes on your workers’ comp insurance as possible. 

Wage Loss Damages In A Personal Injury Dispute

If you’ve been injured due to the fault of another, then the law may give you a right of action to sue and recover damages. If you are employed and are forced to miss work due to the injuries you sustained, then the damages claim is very likely to include what is referred to as “wage loss” damages.

In cases where wage loss damages are available, they tend to comprise a major portion of the total damages claim. Effectively arguing for wage loss damages is therefore necessary to obtain full and adequate compensation.

Let’s take a closer look.

Past And Future Wage Loss

Wage loss can be split into two sub-categories: past and future.

Past wage loss accounts for the wage loss that you — the plaintiff — sustained already due to accident-related injuries. For example, suppose that your legs were seriously fractured in a car accident. As a construction worker, you were forced to take six months off before you could return to work. Your past wage loss claim would account for the income you “would have” earned had you actually worked for those six months.

To support your past wage loss claim, you’ll want to introduce proof that you were forced to take the time off from work (i.e., medical records, testimony from a vocational expert explaining what the requirements of the job are, etc.) as well as how much money you lost as a result (i.e., pay stubs).

Future wage loss accounts for the wage loss that you will sustain. Let’s return to our previous example. Suppose that your injuries are sufficiently severe that you will be forced to take three more months off in order to completely rehabilitate. You haven’t yet taken that time off, but you intend to do so. Though you haven’t yet suffered “damages,” you’ll be able to claim those damages by proving that you will, in fact, have to take the time off in the future due to your injuries.

Loss Of Future Earning Capacity

Claiming loss of future earning capacity is a unique and powerful tool for disputes that involve severe, career-altering injury. Put simply, the loss of future earning capacity is meant to account for career-long shifts in how much you could potentially earn, as the trajectory of your career might have been altered by severe injury.

This can be difficult to understand, so let’s use a brief example for clarity.

Suppose that you are injured in a slip and fall accident at a popular retail store. You suffered serious back injuries. Now, you normally work as a hospital nurse. Due to the back injuries, however, you cannot stand up and walk around for more than 15 minutes at a time. This limitation will follow you for the rest of your working life.

Thus, not only are you forced to miss time for work (past and future wage loss), but your career trajectory is altered. It’s unlikely that you’ll ever be able to work as a nurse again, given your physical limitations. Most clinics and hospitals are unlikely to accommodate your inability to be “on your feet.”

There may still be some options for you to shift into a different career path in the healthcare field. A desk job may be possible, though it may also pay less (on average) and may have fewer promotional opportunities. When claiming loss of future earning capacity, you’ll have to compare your new, alternative career path (earnings potential) with the earnings potential of your previous career path. That difference can and should be compensated by the liable defendant.

Contact A Personal Injury Lawyer In Our Network For A Free Consultation

If you’ve been harmed in an accident that was caused by another’s negligence, recklessness, or intentional misconduct, then you could be entitled to significant damages, including damages for wage loss. Wage loss claims can be surprisingly complicated — as such, it’s important that you work with an attorney who understand how to effectively navigate this challenge.

Here at 1-800-THE-LAW2, we are proud to operate a network of hundreds of experienced personal injury attorneys, many of whom have handled disputes centering around complex wage loss issues.

Call us today to connect to a qualified personal injury attorney in your area for a free and confidential consultation — our staff are standing by 24/7, ready to help you connect to an attorney in just 10 minutes or less.

We look forward to speaking with you.

How Do Punitive Damages Work In A Personal Injury Case? | Personal Injury Lawyer

If you’ve been injured in an accident due to the fault of another, then you may have a right of action to sue and recover damages. Every personal injury case is different, however. In some cases, the defendant has engaged in such egregious behavior that the court sees fit to impose what are referred to as punitive damages.

Punitive damages multiply the total damages that you, the plaintiff, can potentially recover through the personal injury lawsuit. In serious accident disputes, this type of damages award can sometimes lead to a multimillion dollar recovery. Let’s explore some basics behind how they work.

What Are Punitive Damages

Normally, damages recovered in a personal injury dispute are compensatory in nature. In other words, they are meant to “compensate” the injured plaintiff for their losses, or put them in a financial position that closely approximates where they would have been had they not been involved in the accident.

What Is the Difference Between Punitive Damages and Pain and Suffering?

Compensatory damages account for a number of losses, from medical expenses, to pain and suffering, to wage loss, and more.

Punitive damages are fundamentally different. They are not meant to be compensatory, they are meant to “punish” the defendant for engaging in extremely problematic behavior. And, they are meant to discourage others in society from engaging in similar behavior. By imposing bonus damages in the form of punitive, the court is thereby punishing the defendant and discouraging others in society from doing the same.

Calculating Punitive Damages

These damages are calculated by multiplying the baseline compensatory damages available in the dispute. The multiplier can go as high as seven times the compensatory damages amount.

How does this work?

Suppose that you’re injured in a slip and fall accident. Your total damages are roughly equivalent to $100,000. After further investigation, your attorney discovers that the business owner knew that there was a spill on the floor of their retail store, but actively discouraged their employees from cleaning it up because they wanted to see a customer slip on it — they thought it would be “funny.”

The court finds this behavior malicious, and they decide to award punitive damages. The court decides that they should be $800,000 (seven times the compensatory damages amount). Your total recovery would thus be $900,000.

Qualifying for Punitive Damages

Punitive damages are not available in the large majority of personal injury cases. Where they are potentially available, however, it’s important that you and your attorney push hard for this type of damages award.

Under What Circumstances Are Punitive Damages Available?

In most states, punitive damages are only available if you, the plaintiff, can show that the defendant acted maliciously, intentionally, and/or egregiously. Mere negligence is not enough to qualify for them. The defendant’s conduct must be significantly more egregious for these damages to be available in the personal injury case.

What Types of Damages Is Punitive?

Recall that they are awarded as an attempt to discourage such behavior in society. As such, the behavior must be especially problematic to justify the attempt to discourage it through punitive damages.

What Are Punitive Damages Examples?

In the car accident context, illegal street racing that led to an accident would very likely qualify for punitive damages, but mere speeding would not (unless the defendant was speeding well over the speed limit, and speeding to such an extent that they displayed a reckless disregard for human life).

Drunk driving may also qualify, though the circumstances have to point to particularly egregious conduct. So, for example, if the defendant was warned to stop drinking because they might endanger others, and they laughed it off and said they “don’t care,” that would likely be enough to make punitive damages available.

It’s worth noting that even if they are available, the court is not required to award them. Courts have discretion whether they will impose punitive damages. It is up to your attorney to develop a persuasive enough argument that will “win” the court over.

Contact a Personal Injury Lawyer in Our Network for a Free Consultation

Here at 1-800-THE-LAW2, we have hundreds of skilled attorneys in our network, standing by to provide assistance. Call us today to get connected to an experienced personal injury lawyer in just 10 minutes or less. Consultation is free and confidential, so there’s absolutely no downside to speaking with one of our in-network injury attorneys about your case.

We believe that effective legal help should be easily accessible. To that end, our staff are available 24/7, and can communicate in both English and Spanish. We look forward to speaking with you further.

Pain And Suffering Damages In A Personal Injury Case

If you’ve been injured in an accident that was caused by another’s negligence, recklessness, or intentional misconduct, then the law may entitle you to damages. The losses can be quite varied in a personal injury dispute, but they are very likely to include pain and suffering damages.

Many first-time plaintiffs do not fully understand what pain and suffering damages are, the unique challenges associated with pain and suffering damages, and how best to maximize these damages.

Here at 1-800-THE-LAW2, our staff are standing by to connect you to a qualified attorney who can help you move forward with your case. An experienced personal injury lawyer can evaluate the case comprehensively, and determine an effective strategy for securing the maximum possible damages (including pain and suffering damages).

Let’s take a closer look.

Understanding the Damage Categories

In the personal injury context, compensatory damages for a lawsuit can be split into two relatively broad categories: 1) monetary losses and 2) non-monetary losses.

Monetary losses account for those damages that are financial in nature. They include, but are not necessarily limited to:

  • Medical expenses
  • Wage loss
  • Loss of earning capacity
  • Property loss
  • and more

Non-monetary losses account for those damages that are not directly tied to your finances. In general, non-monetary losses involve problems with your quality of life — whether that occurred for a brief period, or is now a lifelong issue. They include, but are not necessarily limited to:

  • Pain and suffering
  • Loss of quality of life
  • Loss of companionship
  • Loss of guidance
  • and more

Pain and suffering fits into non-monetary losses, and as such, can be somewhat more difficult to “prove” to the court. If you claim $100,000 in pain and suffering damages, for example, you will have to introduce expert testimony and other evidence — and be persuasive in your legal arguments — that show your losses should qualify you for a $100,000 pain and suffering recovery.

It’s worth noting that damages are meant to “compensate” the injured plaintiff by putting them in a position where they would have been had they not been involved in an accident.

In the pain and suffering context (non-monetary), there is really no way to measure — with perfect accuracy — what amount of damages would put you in a position where you would feel fully compensated for the losses suffered. As such, success will often be determined by your attorney’s ability to argue the issue persuasively.

Pain And Suffering Basics

Pain and suffering represents a number of different, related losses. Boiling it down into its simplest components, pain and suffering damages are meant to compensate you — the injured plaintiff — for the physical and mental harm that you sustained due to the accident.

Pain and suffering damages can include everything from the physical pain you experienced after a car accident, to the mental pain you experienced due to feeling humiliated and embarrassed by your post-accident disabilities.

Calculating Pain And Suffering Damages

Perhaps the biggest challenge in claiming pain and suffering damages is evidentiary. In other words, you’ll have to “calculate” a reasonable damages amount based off your physical, mental, and emotional suffering.

This is ultimately a fact-based, subjective endeavor, making it quite difficult to arrive at a number that the defendant is likely to accept.

To get around this conflict, most attorneys ultimately rely on a “multiplier” methodology for calculating pain and suffering damages.

Put simply, the pain and suffering damages are “estimated” at roughly 1-to-3 times the monetary losses. How high the multiplier goes depends on the particularities of your case. If your case involves significant physical, mental, or emotional suffering, then the multiplier is likely to be higher (i.e., up to 3 times the monetary losses).

So, for example, if your monetary losses (i.e., wage loss, property loss, medical expenses, etc.) add up to $100,000, and you were horribly disfigured by your injuries and are unable to engage in any recreational activities, then the physical, mental, and emotional trauma might give rise to a $300,000 pain and suffering claim, for a $400,000 total damages claim.

Contact a Personal Injury Lawyer in our Network for a Free Consultation

Here at 1-800-THE-LAW2, we operate a large network of qualified, skilled personal injury attorneys who are standing by to provide legal assistance. Call us to get connected to an experienced personal injury lawyer in our network — during this initial discussion, they will evaluate your case and provide guidance on how best to proceed.

We believe that friendly, accessible legal representation is critical to success. As such, our staff are available 24/7 (in both English and Spanish) to take your call. Consultation is free and confidential, so don’t hesitate to contact us as soon as possible to get started with the process.

We look forward to speaking with you further!

Carpal Tunnel Lawyers

Carpal tunnel, or carpal tunnel syndrome, is a repetitive stress injury that can leave you too hurt to work or do the simple things you do every day.

What Are the Symptoms of Carpal Tunnel Syndrome?

Symptoms of carpal tunnel include:

  • Pain in your arm
  • Tingling sensations in parts of your hand
  • Loss of sensation in parts of your hand
  • Weakness in your hand, especially when you attempt to do your work or carry out tasks like holding objects
  • Thickening or swelling of your wrist

Who is at higher risk for carpal tunnel syndrome?

Certain professions may be at a higher risk for developing carpal tunnel syndrome, including:

  • Assembly line workers
  • Receptionists
  • Journalists
  • Writers
  • Research assistants
  • Paralegals
  • Accountants
  • Teachers
  • Construction workers
  • Carpenters

What Are the Risks or Causes of Carpal Tunnel Syndrome?

Some activities may contribute to developing carpal tunnels syndrome, including:

  • Repeated motions that put a strain on your wrist
  • Repetitive typing or mouse use
  • Using power tools or devices that vibrate intensely

Carpal tunnel syndrome could be a result of:

  • Having diabetes, elevated blood pressure, arthritis, or some autoimmune disease
  • Having a condition that causes a buildup of fluid in your wrist
  • And injury to your wrist

If you’re feeling pain in your wrist, arm, hand or have been diagnosed with carpal tunnel syndrome by a doctor,  workers’ comp may cover carpal tunnel related costs.

Does workers’ comp cover carpal tunnel?

Most people think that you have to have a life-altering injury to get workers’ compensation benefits. But the reality is a large percentage of workers’ compensation claims are for injuries that develop gradually because of an activity that’s part of a person’s everyday job. One example is carpal tunnel syndrome, a type of repetitive stress injury that affects a wide variety of workers, including assembly line workers and anyone who uses a computer  daily.

Workers’ compensation benefits are designed to cover the medical bills, income loss, and future medical expenses that a worker incurs  because of an on-the-job injury. The key to any workers’ comp claim is establishing that the injury actually happened on the job. With some injuries, such as slips, trips and falls, it’s pretty obvious. But with repetitive stress injuries like carpal tunnel syndrome, detailed information is required to prove that the injury stems from work.

That’s why it’s so important to talk to a workers’ comp lawyer. Without first-hand knowledge of workers’ comp laws, it’s too easy for injured workers to make the kind of mistakes that result in a denied claim. It never hurts to talk to a lawyer, even if you’re not sure that you have a case.

Why You Need a Lawyer if You Have Carpal Tunnel

Once you’re diagnosed with carpal tunnel due to a repetitive motion you perform at work, you only have 30 days to file a workers’ compensation claim, or you could lose your right to receive workers’ compensation benefits. Waiting to file your injury claim can cause your carpal tunnel injury to get worse. A workers’ comp attorney can answer questions like “does workers’ comp cover carpal tunnel,” help prevent you from getting fired because of your injury, help get your doctor bills paid, and help maximize the workers’ comp benefits you receive.

A lawyer can also help you connect with medical experts who can examine your symptoms, determine the extent of your injuries, and advise when and whether you are fit to return to work. This can be a critical part of your claim, since the vast majority of workers’ comp claims are denied due to insufficient evidence. By working with a lawyer, he or she can help ensure that you have all the proper documentation and expert support required to get the benefits you need.

 What Compensation is Available?

If you’ve experienced a repetitive motion work injury such as carpal tunnel, a workers’ compensation lawyer could help you get:

  • All the workers’ compensation benefits you’re entitled to
  • Monetary compensation to cover your doctor and medical bills
  • Payments for up to 104 weeks of temporary disability
  • Payments for up to 240 weeks of disability for severe injuries
  • Total disability benefits

A workers’ compensation lawyer will be your ally throughout the entire workers’ compensation process.

NOTE: Making a false or fraudulent workers’ compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

The Enforceability Of Liability Waivers In A Personal Injury Dispute

If you’ve been injured in an accident due to the fault of another, then the law may entitle you to damages as compensation. Every legal dispute is different, however. In some personal injury cases, there may be a liability waiver that — at least on the surface — seems to prevent you from suing the defendant and obtaining compensation for your losses.

For example, if you were injured while bungee jumping, the defendant is likely to point to the fact that you signed a liability waiver before you put on the equipment and jumped. This can lead to a lot of confusion for plaintiffs. Does the liability waiver actually apply to their case, or is it unenforceable?

The truth is that many liability waivers are unenforceable. Though businesses will often attempt to minimize their liability by forcing people to sign waivers, that does not necessarily mean that the waiver will be enforced. In fact, there are many exceptions to enforcement.

Let’s take a closer look at some liability waiver basics.

Liability Waiver Basics

Waivers allow businesses to contract around liability — in other words, to reduce their potential liability by adding on new, stricter limitations on injury liability. Worth noting: liability waivers are legal regardless of the applicable state jurisdiction.

What might a liability waiver look like?

Suppose that you’ve been injured in a recreational boating accident. The boating tour operator made all passengers sign a waiver, however, which states that they have given up the right to sue the business for related injuries. More specifically, the waiver states that the business is not responsible for any harm sustained on the boat or due to the boat.

How does this actually work in real-world scenarios?

Generally speaking, courts are uncomfortable with allowing businesses to redraw the bounds of liability to a significant degree. Courts do not want businesses to be able to circumvent their duty of care entirely. As such, they tend to be quite careful not to enforce overly broad liability waivers.

Exceptions To The Enforceability Of A Liability Waiver

A significant percentage of liability waivers are unenforceable, for a number of different reasons. States tend to impose different rules when it comes to liability waivers, but there are some general principles that remain true between states.

Liability waivers must be:

a) Sufficiently specific as to the harm that is covered by the waiver (i.e., limited in scope);

b) Not be coerced and must not be between parties with a significant difference in relative bargaining power; and

c) In accordance with public policy.

So, for example, a liability waiver that shields a boating operator from liability for all harm sustained due to the boat will likely be considered too broad. The waiver is not sufficiently specific or limited in scope, and this “over broadness” is most likely violative of public policy, too.

Now, it’s also worth noting that liability waivers can only cover simple negligence. Even an enforceable liability waiver cannot apply to reckless or intentional misconduct.

Though intentional misconduct is obvious (i.e., if a boating tour operator intentionally crashes your boat to cause you injuries), reckless behavior can be more difficult to understand. As a rule, reckless behavior is when a defendant acts in a way that they know has a substantial risk of causing harm to others, but they disregard this substantial risk and engage in that behavior anyway.

For example, a boating tour operator that does not stock enough life vests is likely engaging in reckless conduct, as they are aware that failing to stock enough life vests on-board is a substantial risk that could lead to injury/death for the passengers.

Contact A Personal Injury Lawyer In Our Network For A Free Consultation

If you’ve been harmed in an accident (in which you may be subject to a liability waiver), then it’s important that you consult a qualified personal injury lawyer for guidance on how best to proceed with the legal dispute.

Here at 1-800-THE-LAW2, we operate a large network of attorneys who are standing by to provide skilled assistance. Call us today to get connected to an experienced personal injury attorney in just 10 minutes or less. Consultation is free and confidential, so there’s no downside to contacting us as soon as possible.

Our staff are available 24/7 in both English and Spanish. We look forward to speaking with you.

When and How to File a Workers’ Compensation Claim

Workers’ compensation is a form of insurance that provides wage replacement and medical benefits to employees after a work injury.

When a workers’ compensation claim is eligible, the employer or insurance carrier must pay the injured employee for time away from work and medical expenses related to the work injury.

Workers’ compensation laws are complex, and the filing process can be confusing. For this reason, workers’ compensation claims are often denied.

How to File a Workers’ Compensation Claim

The most important thing you can do after getting injured at work is to tell your employer: supervisor, manager or HR Department right away. Typically you have 30 days after being injured to notify your employer or you run the risk of losing your right to file a workers’ compensation claim.

Ideally, you should do this prior to seeking medical treatment unless you have a medical emergency. You will need to be evaluated by a doctor approved by your employer’s insurance company if you want to file a workers’ compensation claim.

Your employer may refer you to a doctor who is part of its medical provider network. You will need to be evaluated by this doctor but workers’ compensation law allows you to be treated by your private doctor.

Workers’ compensation doctors have to answer to insurance companies and this could affect their level of care, this is important for you as an injured worker to consider.

Once you’ve been treated, you will need to provide the following to your employer:

  • A DWC-1 claim form
  • An Application for Adjudication of Claim
  • A Declaration Pursuant to Labor Code 4906(g)
  • A document cover sheet and document separator sheets

Your employer will provide this to the workers’ compensation insurance company to start the claims process.

While the time you have to file a claim is limited, the claims application process can be complicated. That’s why it’s important to make sure you gather all of your documentation and file everything correctly.

When to File a California Workers’ Compensation Claim

This is very important: If you are planning to file a workers’ compensation claim, you must file your DWC-1 form within 30 days of your injury. If this time has elapsed your claim may be denied for exceeding the “statute of limitations.”

If you miss the deadline, there are some circumstances in which you may be excused for missing he deadline. One of those reasons is that your employer did not properly advise you of your right to file a workers’ compensation claim.

Every case is different and for this reason it’s beneficial to consult with an experienced workers’ compensation lawyer.

What Workers’ Compensation Benefits Can I Receive?

As part of the workers’ compensation claim, you’re typically entitled to four types of workers’ compensation benefits:

  • Compensation for lost wages
  • Payment or reimbursement of medical expenses
  • Disability benefits
  • Rehabilitation

To learn more about your rights as an injured employee and discover what benefits you may be owed, call today for a free consultation with a workers’ compensation lawyer.

Disclaimer: This article provides a general overview of the workers’ compensation claim process.  It is not intended as specific legal advice for any particular case.

Understanding Vehicle Recalls and Car Safety | Attorneys for Auto Accidents

Reading news headlines, it can start to feel like vehicle safety recalls are being issued daily. While the number of car complaints and vehicles affected continues to grow, you might ask yourself if this means vehicle safety is declining?   

The truth is that it depends on the model of manufacturer of the car you drive, in addition to the make and year. Many recent automobile recalls have to do with older vehicles, and we’ve seen some historically massive recalls in recent times. One example is the Takata airbag recall, which is still growing. Headlines boast big numbers, but they don’t provide much detail. So, how dangerous is a recall, and what should vehicle owners do after one is identified to keep their car safe?

If you were injured due to a car recall related accident, call 1-800-THE-LAW2 for a free consultation with an accident lawyer near you today.

Topics and questions this article may help you to answer:

What Are Vehicle Recalls?

An auto recall is a way for manufacturers to warn you that something about your vehicle presents a potential for injury or property damage. After the National Highway Traffic Safety Administration (NHTSA) determines a safety risk exists, they issue a recall, and manufacturers are required to fix the problem.

Safety Defects

What Is a Safety Defect?

A safety defect is a problem that:   

  • poses a risk to vehicle safety   
  • exists in a group of vehicles of the same design or manufacture   

If a product is recalled, you should not have to pay for any repairs or replacements. If your vehicle, car seat, or tire is under recall, a safety defect has been identified through the recall process.

National Highway Traffic Safety Administration Recalls Process

In the U.S., the NHTSA sets safety standards that keep your car safe. Part of what the NHTSA does is require manufacturers to repair safety-related defects at no cost to vehicle owners and drivers. Costs associated with the parts and labor that go into getting defects repaired are significant for manufacturers and can lead to resistance to full-scale recalls. However, the NHTSA follows a recall process to ensure that safety-related defects are addressed. The process is as follows:

  1. Car complaints
  2. Office of Defects Investigation, or ODI, Investigation
  3. NHTSA issues a car recall

Car Complaints  

How Do I Make a Complaint to the NHTSA?

Sometimes, manufacturers discover hazards and start the recall process willingly. For other manufacturers, the NHTSA or the courts kick-start the recall process. The latter can come from consumer discovery. If you find a safety concern, there are three ways to report it to the NHTSA:   

  • Call the U.S. Department of Transportation’s Vehicle Safety Hotline: 877-421-5154 or 844-660-5805.   
  • Report the issue online here   
  • Send a letter addressed: S. Department of Transportation National Highway Traffic Safety Administration Office of Defects Investigation (NVS-210) 1200 New Jersey Avenue SE Washington, DC 20590

ODI Investigation

If there are enough reports about the same issues with the same make, model and year of the vehicle, the NHTSA may open an investigation. At this point, the Office of Defects Investigation (ODI) will take charge of performing the car recall investigation. The investigation process is as follows:  

  • Screening: Review of consumer complaints to determine whether an investigation is necessary   
  • Petition Analysis: Review of petitions for defect investigations   
  • Investigations: Two-phase investigations into alleged safety defects   
  • Recall Management: Monitoring the effectiveness of safety recalls

NHTSA Issues a Car Recall

The NHTSA is responsible for issuing safety defect recalls. Manufacturers can dispute claims and present new information, but the NHTSA has the final say.  

  • Once the recall is issued, the word is spread, and consumers are informed of the next step. Most often, consumers are asked to make an appointment with their dealership to service their vehicle.   

If you’re worried about recalls and aren’t sure if they affect your vehicle, you can subscribe to notifications.

Take action against NHTSA vehicle recalls and defective product liability.

Vehicle Recall Notifications: Is My Car Under Recall?  

You may wonder, “Is my car safe or under recall?” If it is, you should receive a notification. Manufacturers must notify car owners of a recall decision within 60 days, and send a notification letter to registered owners within that time frame. You can always sign up for email notifications for NHTSA recalls by visiting this link. Additionally, you can check the NHTSA recall database to see if your car is under recall. You can do this by searching your car’s 17-character vehicle identification number (VIN). You may be curious if recalls affect some manufacturers more than others, and the answer is that recall rates vary by make and model. 

Least And Most Vehicle Recalls

Using data from the National Highway Traffic and Safety Administration (NHTSA) recall database, a study identified vehicles with the highest and lowest recall rates.     

Top 10 Highest Recall Rates   

  • Mercedes-Benz C-Class   
  • GMC Sierra   
  • BMW 3/4 Series   
  • Dodge Durango   
  • Nissan Pathfinder   
  • Ram Pickup   
  • Toyota 4Runner   
  • Dodge Charger   
  • Chrysler 300   
  • Chevrolet Tahoe   

Top 10 Least Recalled Cars   

  • Hyundai Accent   
  • Chevrolet Equinox   
  • Toyota Corolla   
  • Honda Civic   
  • Honda CR-V   
  • Honda Accord   
  • Subaru Crosstrek   
  • Toyota Camry   
  • Hyundai Elantra   
  • GMC Terrain   

We understand what prompts a recall, however what types of defects are considered safety-related? And also, of those defects, which ones do the NHTSA monitor?   

  • Steering mechanisms that break suddenly, causing loss of vehicle control   
  • Accelerator controls that break or stick   
  • Wheels that crack or break   
  • Seats that fail during normal use   
  • Airbags that deploy when they are not intended to deploy   
  • Car seats with defective safety belts, buckles, or parts that create a risk of injury
  • Ordinary wear of equipment is required to be checked, maintained and replaced regularly, like brake pads  
  • Excessive oil consumption  

Car Recall FAQs  

Who Is Responsible for Reporting a Safety Recall?  

Manufacturers are responsible for their vehicles, as well as all original equipment installed on them. They have the responsibility to report defects to the NHTSA, notify owners, and offer them a free fix to the problem. Equipment not originally installed by the vehicle manufacturer is the responsibility of the equipment manufacturer to notify, report, and recall. Ensure your vehicle registration and mailing address is up to date. It is essential, in order to get proper notification.

Do Car Recalls Expire?

Car recalls do not expire, no matter how much time has passed. You are entitled to free repairs to fix recall related issues, as long as the auto manufacturer is in business. A car recall follows the vehicle, even if it incurs a change in ownership. Suppose you buy a used car, then discover it has a recall. The car recall was issued years ago, and the defect still exists in the engine. A recall follows the vehicle, so you are entitled to take it in for repairs to get the engine fixed. Car recalls are used as supportive evidence in a lawsuit. They easily prove a vehicle is defective, because the manufacturer admits it through the recall. 

Who Pays for Recalls in Vehicles?

You may be wondering, who is responsible for vehicle recalls, and who pays for them? And also, can you be reimbursed for a recall?

Manufacturers must cover the cost of safety defect repairs, and you are entitled to reimbursement for any recall related repairs that you paid. For up to one year of the vehicle recall notification, manufacturers must reimburse car owners for repair expenses related to the recall. Fortunately for car owners, this reimbursement also includes costs incurred before the announcement.

Can I Take Action for Injuries I Suffered During Vehicle Recalls?

Yes, your best course of action is to consult with a lawyer to explore your legal options and what compensation you may receive. Call 1-800-THE-LAW2 for a free consultation with an accident lawyer near you today.

Most Common Workplace Injuries

Any workplace can be dangerous, even if you are just going into a standard office environment every day. While injuries may differ depending on industry and atmosphere of the job, there are several common workplace injuries that occur across the board. Employers and employees should recognize the warning signs and dangers associated with each injury in an effort to prevent or eliminate future threats.

Workplace injuries can have a host of negative consequences – for both employers and employees. Companies may face decreased work morale, reduced worker productivity, increased insurance rates, and workers’ comp claims. The sick or injured employee may have a difficult recovery, extended time off work, reduced income, and even social embarrassment due to their injury.

Employers must do their best to ensure a safe and productive work environment, while employees should always be extra vigilant and careful in performing daily tasks.

Avoid risks by being aware of these common causes of work injuries and illnesses.

Most Common Workplace Injuries and How to Avoid Them

Slips, Trips, and Falls

These incidents account for one-third of all personal injuries in the workplace and are the number one cause of workers’ compensation claims. Anyone who has experienced a slip, trip, or fall due to their workplace environment may have suffered a variety of ailments including head and back injuries, broken arms or legs, cuts, sprains, muscle injuries, etc.

In order to prevent these common injuries, clean up spills, wipe off oily surfaces, and get rid of rugs, mats, or flooring that does not have the right amount of traction. Improve lighting, reduce clutter, organize cables and plugs, and keep the workplace neat and clean. These simple tasks can go a long way in saving the company money and reducing accidents. Proper footwear should also be required, and employees should be reminded to take their time and pay attention to where they are going.

Injuries Caused by Machinery

Machinery that is not properly maintained, managed, or operated may cause debilitating injuries. Common occurrences include body parts getting caught in or struck by exposed moving parts, flying objects from machines, and improper usage. This may lead to crushed arms, severed fingers, blindness, or worse. Mechanical hazards typically happen at the point of operation (where the work is being performed) or due to components such as pulleys, malfunctioning belts, loose chains, and other moving parts.

To reduce the risk of injuries caused by machinery, safeguard the operational procedures that go along with each piece of equipment. Ensure proper operator training as well as protective clothing.

Transportation and Vehicle-Related Accidents

Employees that work in transportation or around vehicles are at risk of being struck or run over, falling from the vehicle, being hit by objects from the vehicle, and even getting stuck or worse under an overturned vehicle. Industrial, manufacturing, and agricultural companies are especially prone to this category of injuries.

Companies should determine who is at risk, where and when accidents are most likely to occur, and then create prevention measures that focus on workplace design, vehicle/work orientation, and rapid response drills for emergency situations.

Fires and Explosions

Faulty gas lines, bad pipe fitting, and improperly stored materials lead to unexpected fires or explosions. Injuries may include burns, possible disfigurement, and damage to the respiratory system. OSHA recommends following its hazard communication standards as a way to help workers avoid fires and explosion injuries.

Employees should also wear protective equipment and keep material safety data sheets for chemicals handy. A clear evacuation plan, and practicing these drills regularly, can go a long way in reducing injuries.

Overexertion and repetitive stress injuries

These injuries can sneak up on employees over time, causing musculoskeletal disorders, which are actually the most costly workplace injuries. Pulling, lifting, pushing, holding, carrying, and throwing may cause overexertion. These kinds of injuries mean loss of productivity for employers, and back pain alone accounts for about $7.4 billion annually.

Prevent stress related injuries by allowing frequent short breaks, resting, and stretching. In cases where items over 50 pounds need to be moved throughout the day, manual or mechanical lifting equipment should be provided to ease the burden on employees.

Fatigue

If your tasks push you beyond a reasonable limit to stay on top of your workload, you may be subject to physical and/or mental exhaustion. This may lead to impaired judgment, slower reflexes when operating machinery, and delayed response in emergency situations. 

Toppling objects

Furniture that is not secured properly, or objects that are in dangerous locations put workers at risk. Bookcases can fall from too much weight, desks can topple during earthquakes, or bumping into an object may cause many other items to fall.

Hazardous materials

Lack of warning around hazardous materials can cause sickness for employees who are not wearing the proper protective gear. Companies must make protective clothing, eye wear, and gloves mandatory for all employees who will be around chemicals or other toxic substances. Slip-ups may lead to burns, explosions, blindness, and other traumatic injuries.

Workplace violence

All employees and managers must stay alert when it comes to potentially violent situations at work. Do not let arguments between coworkers go unresolved – especially when it comes to sexual harassment or assault accusations.

Top 4 Types of Construction Accidents

If you work in construction, you understand that getting hurt goes with the territory. According to OSHA, four types of work accidents were responsible for the majority of construction-related deaths in 2011:

  • Falls
  • Electrocutions
  • Being struck by an object
  • Getting caught in between machinery

Construction accidents don’t always result in fatalities, however. There are also a high number of construction accidents that cause common workplace injuries.

How Common are Construction Accidents?

In California alone, nearly 4,000 people were injured in a construction accident and missed work because of their injuries in 2011. Most construction accidents occurred in three areas:

  • Construction of buildings
  • Heavy and civil engineering construction
  • Specialty trade contractors

Although injuries and construction work seem to go hand in hand, that doesn’t mean you’re powerless. Injured workers are protected by the law – but you have to exercise your rights in order to get the compensation you deserve.

Most construction companies have insurance to cover on-site injuries. Their insurance companies work with a network of medical practitioners that you may be instructed to see. The problem is insurance companies are interested in one thing: settling for the least amount of money as possible. Oftentimes that means you’ll get denied for the medical care you really need and offered far less financial compensation than you legally deserve.

Unlike insurance companies that want to settle for the least amount, a lawyer can help you get the most out of your injury claim. This is true even for 3rd party contract workers, who may be able to file a claim against the contractor, the contractee and the subcontractor.

What to do After a Construction Accident

  1. Report your injury to your employer or contractor.
  2. Get medical attention, whether or not you feel pain.
  3. Talk to a lawyer right away.

We know that a work accident can happen at any time. That’s why we’re here to help you 24/7, 365 days a year. Don’t guess whether you should hire an attorney or not. Call us for a free consultation with an attorney near you!

What NOT to Say After a Car Accident

If you’ve been injured in a car accident, then the law may give you a right of action to sue and recover damages to cover your losses. Oftentimes, however, injured plaintiffs don’t fully understand how their legal claims could be impacted by the statements they make following an accident.

Even basic, amicable conversation (whether with an insurance adjuster, the opposing attorney, or the driver who caused the accident) can lead to disclosures that undermine your claims and prevent you from securing the compensation you deserve.

Of course, you should be careful about the statements that you make, but first-time plaintiffs may not realize what sort of statements qualify as “risky.” As such, it’s important to get in touch with an experienced car accident lawyer who will take over your case and communicate on your behalf. This will prevent any potentially damaging disclosures. Contact 1-800-THE-LAW2 to get connected to a lawyer today for free legal advice.

For now, however, let’s briefly explore some basic issues tied to verbal disclosures.

Disclosures Can Undermine Your Case

Disclosures can undermine your case in a number of different ways:

a) Disclosures that can be interpreted as an “admission of fault” can impact the allocation of fault and liability in the dispute; and
b) Disclosures that lead to an inconsistent interpretation of the facts (surrounding the accident) can weaken the proof of liability, or reduce the potential damages amount available to be claimed.

This may strike some readers as indecipherable “legalese,” so let’s explore a simple example for clarity.

Example

Suppose that you are injured in a car accident. Before you head to the hospital for diagnostic work and treatment for your injuries, you’re able to spend some time at the scene of the accident, speaking with the driver who caused the accident by rear-ending you. In your conversation with them, you apologize for having stepped on the brakes too suddenly, as you thought you saw something on the road — this may have contributed to the rear-end accident itself.

Though it may seem like an unproblematic apology, the truth is that your statements could be used in court to undermine your claims. After all, if you’re arguing that the defendant was liable for your injuries, then they could challenge that by arguing that you actually caused the accident by breaking suddenly, and at an inappropriate time.

Accidents are complicated. Instead of evaluating the accident yourself and speaking about it with others, it’s best to remain quiet about what you “think” happened and consult an attorney first.

Some Evidence Is Inadmissible In Court

If you did happen to accidentally make some statements at the scene of the accident, it’s worth noting that some of them will not be allowed into evidence. This will be significantly to your benefit.

Generally speaking, “hearsay” statements are inadmissible in court. Hearsay statements are those introduced to prove the matter at-hand.

So, for example, if the defendant is trying to prove that you were distracted from the road at the time of the accident and is trying to introduce evidence that you said you were in a heated conversation with your passenger (when they talked to you at the scene of the accident), then that could potentially be inadmissible. It likely qualifies as hearsay — a statement that is only meant to prove the fact.

However, it’s worth noting that there are a number of exceptions to the hearsay rule. Examples include:

A) If the statement was an “excited utterance” that you spontaneously made at the spur of the moment, that can be admitted into evidence;
B) If the statement was clearly against your own interest (i.e., a statement about how you were speeding);
C) If the statement was one that reflected a “present sense impression” of the situation at-hand;
D) And more.

Hearsay and its exceptions can be quite complex and challenging to argue. As such, we encourage you to get in touch with an experienced attorney who understands how to navigate the evidentiary record and ensure that problematic statements are not admitted into evidence.

For A Free Consultation, Contact An Experienced Car Accident Lawyer Near You.

If you’ve been in a car accident, then there are a number of people (and entities) that you’ll be interacting with as you explore your recovery options. These interactions could lead to disclosures that undermine your damages claims, and prevent you from securing the maximum possible compensation. As such, it’s critical that you work with an attorney at an early stage in your case.

Your attorney will act as a “middleman,” ensuring that you can avoid the frustration and hassle of these legal interactions, while also avoiding potentially damaging disclosures.

Here at 1-800-THE-LAW2, our staff is standing by and ready to accept your calls. Contact us to get connected to an experienced car accident lawyer near you.

Get free legal advice now!

How to Write a Victim Impact Statement for a Car Accident | Car Accidents Attorney

Questions and topics this article can help to answer: What is a victim impact statement? | How to write a victim impact statement | Do’s and don’ts of writing a victim impact statement for a car accident | Example of a victim impact statement | Why write a victim impact statement?

When you’re the victim of a car accident, it can have a devastating impact on your life. People experience painful injuries, lifelong physical injuries, trauma, PTSD, anxiety, stress, and more. Additionally, a victim could have lost a friend or loved one who was in the accident with them.

If you’re the victim of a car accident that wasn’t your fault, you may want to pursue a lawsuit against the other party. One factor that can significantly impact your case is a victim impact statement. Keep reading for a full overview of what a victim impact statement for a car accident is, how to write one, some popular tips, and an example statement. Call 1-800-THE-LAW2 to get connected to experienced car accident attorneys near you today.

What is a Victim Impact Statement?

A victim impact statement is a personally written account of how the car accident affected you. Many times, a serious car accident can have long-standing consequences. It’s an opportunity for a victim to explain the full extent the car accident may have had. For example, a police report may mention that the victim had a broken leg. But, what might not be mentioned is the other consequences, like:

  • Time off of work
  • Hospital bills
  • Cost and time of physiotherapy appointments
  • Canceled vacations or plans
  • Stress, anxiety, or depression when it comes to driving
  • The impact of the injuries and accident on friends and family

Your victim statement is a comprehensive overview of how the individual’s life has changed due to the car accident.

How to Write a Victim Impact Statement

A victim impact statement for a car accident doesn’t need to focus on the details of the accident itself. You shouldn’t feel that this is the time to explain what happened and who is at fault. That will be covered in the legal proceedings. Instead, the victim impact statement should discuss the physical, mental, emotional, and financial impacts you’ve experienced.

What Do You Say in an Impact Statement?

Wrapping up the whole experience in a victim personal statement can feel overwhelming. Here are some tips to walk you through the process of what it should include:

  1. Start with the emotional impact
  2. Transition into your physical injuries and disabilities
  3. Emphasize the financial consequences

Start With the Emotional Impact

You can discuss how you felt that day and how you feel now. You were probably scared and shocked on the day and might still feel anger and fear today. Describe these emotions in as much detail as you can, so the jury can understand just how emotionally traumatizing the car accident was.

Transition Into Your Physical Injuries and Disabilities

After covering the emotions, you can transition into your physical injuries and disabilities. You’ll want to cover how much these injuries hurt, how long and challenging recovery has been, if recovery made you take time off work, time lost with family, friends, hobbies, and other consequences. You may want to wrap this up in a personal story. Some common examples are having to cancel a booked and paid vacation because you were recovering. Or, having to become a burden and reliant on your family members during recovery, which impacted them as much as you. You need to go over these details, so the jury understands the full consequences of your injuries.

Emphasize the Financial Consequences

Lastly, you’ll want to emphasize the financial consequences. This will help the jury decide the amount of accident compensation you and your family may deserve. You can cover how much this accident cost you in terms of:

  • Healthcare and recovery costs
  • Wages lost at work
  • And more

How Do You Write a Good Impact Statement?

The Do’s & Don’ts Of Writing A Victim Impact Statement for a Car Accident

While writing your victim statement, try to keep these common do’s and dont’s in mind:

  • Do: Write in “I feel” and “I believe” statements rather than definitive “The defendant did…” statements. You should only include what you believe to be true, as the defendant can question the legitimacy of your statements.
  • Don’t: Use this as an opportunity to go over the details of the accident and lay blame on the defendant.
  • Do: Express your emotions clearly, add details, and paint a picture of what you’ve been through.
  • Don’t: Mention the type of punishment you think or want the defendant to receive.
  • Do: Have someone review your statement for proper spelling and grammar.
  • Don’t: Swear in your statement; it can cause the jury to see you in a negative light.
  • Do: Staple and include related paperwork that can help verify your statements, such as receipts.

Example of A Victim Impact Statement

Your Honor,

On August 25, 2021, at the intersection of Fir Street and 96th Avenue in San Diego, California, I was in a car accident with Mr. Smith. The accident happened at approximately 2:00 in the afternoon. My car was totaled as a result of the accident and I walked away with a broken arm.

That day, I had left work for a brief period to go to a routine doctor’s appointment. It was easily the most shocking and traumatizing experience of my life having a car ram into the side of my driver’s door. I couldn’t get out of the car and I sat there shocked with my arm pinned under the wheel. The paramedics arrived on the scene and were able to pull me out. I remember screaming in pain like I have never screamed before. I was taken to the hospital and informed I had broken my arm.

It took nine weeks for me to fix my broken arm. I had to cancel a vacation I had booked for Mexico. I also had to move into my parent’s home, so my mom could take care of me. I became a burden to those I love most, needing help eating, changing my clothes, showering, and more. I couldn’t even go to the grocery store and take my debit card out of my wallet to pay for my groceries. I needed someone to come with me everywhere I went. I felt helpless, useless, and an annoyance to everyone.

During my recovery, I had to take a leave of absence from work, losing nine weeks of wages. The hospital bills alone were tremendous, but I have also been in six months of physiotherapy. Not only are those appointments expensive, but they take up my time every week.

Today, I still don’t have full use of my arm. There’s a dull pain that shoots down my arm constantly. More importantly, I haven’t driven a car since the accident. I still have trouble getting into a car. I experience flashbacks and sometimes have panic attacks.

This accident has shattered me in every single way – financially, mentally, physically, and emotionally. I don’t know when I will be the same again, but it’s quite possible I’ve been changed forever. I ask the court to consider the full impact this accident has had on my life when deciding on a settlement. The jury needs to understand that I am not who I used to be and it’s been hard to reconcile that for myself, my family, and my friends.

Thank you for listening to me today.

Why Write A Victim Impact Statement?

One benefit of a victim personal impact letter is that writing it and reading it aloud can feel very therapeutic. It allows the victim to feel heard, and to tell their side of the story to the person who caused the accident, or to the court.

What Is the Purpose of an Impact Statement for Court?

The point of the victim impact statement is for the individual to present a more complete picture of how the car accident changed their lives, either for the short term or the long term. A victim impact statement adds a personal touch to your auto accident lawsuit. It’s an opportunity to speak to the jury, so you can get the compensation you deserve.

Find an Accident Lawyer Near You Today

If you’ve been in a car accident, consider getting legal representation so you and your family can get the maximum compensation for your injuries. Our experienced car accident lawyers have helped thousands of injured drivers get their rightful compensation. We’ll help you in every step of the process, including your victim impact statement for your car accident. Contact us today for a free consultation.

Can I Sue My Employer for an On-the-Job Injury?

If you’ve suffered an on-the-job injury, then you may be entitled to significant damages, either as part of a workers’ compensation benefits package, or through a lawsuit against your employer (and other liable parties).

It’s critical that you consult with a qualified workers’ compensation attorney as soon as possible after your injury. They will work with you to ensure that you submit your claims in a timely manner, and that an effective case strategy is developed.

Unfortunately, many first-time plaintiffs do not understand the limitations and restrictions surrounding an on-the-job injury. With the aim of clarifying some of these complexities, let’s explore some basics.

Workers’ Compensation And The Employer Liability Shield

Injured employees — regardless of whether the employer was actually “at-fault” for causing the injuries — are entitled to workers’ compensation benefits.

Workers’ compensation is a broadly applicable protection that works for both employees and employers. These benefits cover lost wages and medical expenses linked to the injuries suffered on-the-job.

Importantly, you have to show that you were actually injured in “the course and scope” of your employment. If you were on a lunch break at a restaurant when you slipped and fell and injured yourself, for example, then you wouldn’t have a workers’ compensation claim.

While workers’ compensation benefits provide broad coverage, they are also useful to employers because they protect them from additional lawsuits linked to the injuries their employees suffered — even if the employer was negligent and therefore caused the injury themselves.

Specifically, workers’ compensation laws prohibit lawsuits against the employer except in limited circumstances.

This isn’t always a “big problem” for injured employees, as they might find it more convenient to simply receive workers’ compensation benefits instead of suing their employer in an extended lawsuit. However, in situations where an employee has suffered serious injuries on-the-job, there may be damages that aren’t fully accounted for by workers’ compensation benefits: pain and suffering, emotional distress, and more.

These damages can add up! As such, if you’ve suffered a severe injury on-the-job, it’s sensible to consider your strategic options for suing your employer directly (over just receiving workers’ compensation benefits).

Exemptions To The Liability Shield

You can sue your employer directly in a number of scenarios. Two common exemption scenarios include:

1) You were not actually an employee; and
2) The employer intentionally or recklessly caused injury.

Consider #1.

Suppose that you are an independent contractor for a business. You work as a freelancer, doing regular projects for them — but they are not your only client. If you’re injured while working on-the-job for that business client, then you would not be entitled to workers’ compensation benefits at all. As such, you’re also not subject to the restriction preventing you from suing them. You are well within your rights to bring a claim against them and recover damages through a lawsuit.

Consider #2.

Suppose that your employer acted beyond basic negligence — they were reckless (or even intentionally malicious) in causing your injuries. Perhaps they chose not to provide safety equipment to employees just to save some money, even though they knew the equipment would be necessary to prevent injury. That would be considered reckless misconduct, and would give you the right to sue and recover damages through a lawsuit.

Contact A Workers’ Compensation Attorney For A Free Consultation

If you’ve been injured on-the-job, then you may be entitled to either workers’ compensation benefits or — in some cases — damages through a lawsuit against your employer. Litigating a case against your employer can be a unique challenge, however, as you’ll have to show that workers’ compensation restrictions don’t apply.

Our attorneys are standing by to provide assistance.

Here at 1-800-THE-LAW2, we operate a large network of attorneys, some of who are experienced in handling on-the-job injuries. We encourage you to contact us as soon as possible — our agents will connect you to a qualified workers’ compensation attorney in just 10 minutes or less.

Consultation is free and confidential, so don’t delay. There’s no downside to calling in and speaking to an attorney in our network.

We look forward to helping you.

5 Questions To Ask A Personal Injury Lawyer During Consultation

If you’ve been injured in an accident that was caused by the fault of another, then you may be entitled by law to sue and recover damages.

As you explore your legal options, however, there are a number of issues that you’ll want to have clarified by your attorney. Let’s explore some basic questions that you should ask a personal injury lawyer that you’re considering working with.

1) Are there any potential conflicts of interest?

In personal injury litigation, there are potential conflicts-of-interest that could prevent an attorney from being able to effectively advocate on your behalf. It’s important that you discuss this possibility with prospective attorneys.

For example, there are attorneys who represent plaintiffs and defendants in litigation. This can lead to a potential conflict-of-interest, as the attorney might have represented the defendant in your case before (or they might be interested in taking on that client later). They might not be incentivized to advocate aggressively on your behalf if they believe that there is more money to be made by “playing nice.” As such, you’ll want to assess this before you agree to be represented by the attorney.

2) What are the possible consequences and outcomes?

Perhaps the most obvious initial question you’ll have for an attorney is what you can expect to happen in your case.

Though most litigation is quite complex, and there’s no “certain” answer, an attorney will have an idea of what you can expect under ideal and non-ideal circumstances, from damages to likelihood of proving the defendant’s liability (given the case evidence that they’ve been made aware of).

Understanding what could happen in your case can help you decide whether and how to proceed.

3) What legal strategies are we considering if we move forward?

Though the initial attorney consultation is not necessarily going to lead to a set-in-stone case strategy, your attorney will likely have an idea of what potential legal strategies you can pursue (and are likely to pursue) going forward.

Ask your attorney about the strategic approach. This will give you a clearer understanding of your case and will empower you to request a different approach should you feel uncomfortable with the current one.

4) What will you need from me (i.e., documentation, behavior, etc.) as we litigate the case?

Plaintiffs are a fundamental part of personal injury litigation. As the plaintiff, you aren’t meant to take a backseat.

While your attorney will handle most communications and will take steps to gather evidence and develop your case, they may need you to provide additional information on the case. They will also want to consult you as to what your concerns are and what your goals are throughout the process.

Generally speaking, involved plaintiffs are a positive. Attorneys who more actively engage with plaintiffs are better equipped to effectively litigate the case.

5) Could you highlight next steps, and how long you expect the case to take?

Attorneys cannot necessarily predict how long a case is going to take due to complexities in the legal proceedings, including procedural disputes. But they’ll be able to give a rough estimate for how long the case “should” take. This can be valuable, as litigating a case can be demanding mentally. It’s important to know how long you can expect the fight to last.

You’ll also want to be fully aware of the next steps that your attorney is planning on taking the case. A skilled personal injury attorney should have a “plan of action” in place and should be able to highlight specific steps that they want to take to secure a positive outcome for you.

Contact An Experienced Personal Injury Lawyer In Our Network For A Free Consultation

Here at 1-800-THE-LAW2, we operate a network of experienced attorneys who are standing by ready to assist you.

Call us today to connect to a skilled personal injury lawyer in just 10 minutes or less. Consultation is free and confidential, so there’s no downside to getting in touch to schedule an initial consultation with one of our in-network attorneys!

Our staff are available 24/7, in English and Spanish. We look forward to speaking with you further.

Suing for Damages In A Slip and Fall Injury Case

If you’ve been injured due to a slip and fall accident on someone else’s property, then you may have a right to sue and be compensated for your losses. Unfortunately, slip and fall disputes are rather common in the personal injury context. Many property owners simply do not do enough to maintain a safe premises — this can expose visitors to an unreasonable risk of harm.

Slip and fall disputes can be difficult to understand for first-time plaintiffs, as there are many challenges that are particular to such cases. For plaintiffs, having clarity as to the dispute (and its various issues) is an important initial step when exploring the litigation process.

Let’s explore some basics.

Premises Liability Basics

Slip and fall disputes fall under the umbrella of premises liability claims (i.e., claims linked to personal injury caused by a hazard on someone else’s property).

To successfully recover in a slip and fall dispute, you’ll have to show that:

  • There was a dangerous condition of property (i.e., a hazard);
  • The property owner (or whoever is in control of the property) knew or should have known that there was a hazard;
  • The hazard was not corrected, either through fixing the hazard or creating a signage to warn visitors of the hazard; and
  • You were injured as a result.

Cleanup “Timeliness” In Slip and Fall Disputes

Defendants can only be held liable in a slip and fall case if they knew or should have known that the dangerous hazard existed. However, a defendant cannot simply be ignorant as to the presence of hazards by failing to conduct regular inspections. They are required to conduct inspections with some regularity.

Whether the defendant “knew or should have known” is a difficult question, but ultimately turns on the timeliness of their response to the hazard.

This can be a bit difficult to understand, so let’s consider a brief example.

Suppose that you’re injured in a slip and fall accident at a retail supermarket. You slipped on a puddle of spilled liquid in one of the supermarket aisles. Your attorney investigates the case further and finds that the puddle had been sitting for well over an hour when you slipped and fell, injuring yourself.

Under these circumstances, a court is likely to find that the defendant was negligent, as they should have discovered the hazard by conducting a routine floor inspection. Had the defendant conducted the floor inspection on an hourly basis, they would have discovered the hazard in time (and therefore been able to correct it).

In determining whether the defendant “waited too long” to inspect and correct the hazard, the court will look to the standards typical of the defendant’s industry. In a bar, for example, the standard for floor inspections is likely to be higher (i.e., more frequent floor inspections, perhaps once every 30 minutes) compared to, say, a clothing store.

Was The Slip and Fall Hazard Obvious?

In most jurisdictions, you — the plaintiff — cannot successfully recover damages in a slip and fall injury case where the slip and fall hazard was “obvious” to the plaintiff.

In other words, in situations where the plaintiff could have been expected to avoid the hazard, they cannot sue and recover damages. Blame for the slip and fall injury is thus entirely put on the plaintiff.

There’s no clear, one-size-fits-all standard for whether a slip and fall hazard was obvious or not. Instead, the issue is based on the unique facts of the case. The court will evaluate the facts and determine whether — under the same circumstances — the slip and fall hazard would have been obvious to a reasonable person.

For example, suppose that you are injured in a slip and fall case outside a retail store. One of the entryways into the store was blocked by a pile of scrap material. You cannot physically “miss” the visual of the hazard. Thus, the court is likely to consider it obvious, and if you were to slip and fall and injure yourself due to the scrap material, you would not be entitled to damages.

Contact An Experienced Personal Injury Lawyer In Our Network For A Free Consultation

Have you been harmed in a slip and fall injury on someone else’s property?

If so, you may be entitled to sue for damages under the law — but litigating a slip and fall case isn’t necessarily simple. You’ll want to consult with an experienced personal injury lawyer for guidance on how best to proceed with your case.

Here at 1-800-THE-LAW2, our team is standing by to connect you to a personal injury lawyer in our network who can handle your case. We are available 24/7, and our in-network attorney consultations are free and confidential, so don’t delay! There’s no downside to calling in for an initial consultation today.

We look forward to speaking with you.

I Was Injured in a Borrowed Car Accident, Who is Responsible? | Car Accident Lawyer

Car accidents disputes are common in the personal injury context, but they are not always straightforward. The unique circumstances of each case may change the way in which the case has to be litigated.

Consider accidents involving a borrowed car. If the defendant-driver was using a borrowed car at the time of the accident, then you, the injured plaintiff, may have some alternative options for suing and recovering damages. This can actually be an advantage.

Here at 1-800-THE-LAW2, we encourage you to get in touch with a qualified car accident attorney as soon as possible. Call us today to get connected to an attorney within just 10 minutes or less. Consultation is free, so we encourage you to get in touch as soon as possible!

Suing The Driver

As the plaintiff, you may be entitled to sue and hold liable the driver whose negligence (or intentional misconduct) caused the accident. This is likely the primary defendant in your car accident dispute — even if they borrowed the vehicle from someone else. For the purpose of suing the driver for their misconduct, it is irrelevant whether they borrowed the vehicle from someone else.

Suing The Vehicle Owner

Now, in some cases, the car that the defendant-driver is using is owned by a different person, who either did or didn’t give them permission to use the vehicle. Depending on the circumstances, you may have a right to sue the vehicle owner — they could be at least partially at-fault for your injuries.

For example, suppose that you are injured in a car accident. You discover that the driver was intoxicated at the time of the accident. You investigate the case further and discover that the driver was an alcoholic, and that the vehicle owner knew that the driver was an alcoholic. Despite that, the vehicle owner let the driver borrow their car. These facts would give rise to an actionable claim against both the driver and the vehicle owner. This is known as negligent entrustment.

Negligent Entrustment

What Is Negligent Entrustment?

Negligent entrustment is a legal principle in which a vehicle owner can be held liable if they lend their vehicle to someone who they know — or should know — is unqualified to operate the vehicle, or is unreasonably likely to cause an accident. This may include intoxication, or a driver who does not currently have a valid license. It may even include lending to a driver who has a long track record of car accidents.

Aside from negligent entrustment, there may be other ways in which you can impose liability on a vehicle owner: negligent maintenance of the vehicle, for example. If a vehicle owner has failed to properly maintain their vehicle, and it is in a state of disrepair, then they could be held liable for an accident caused due to a vehicular malfunction on the roadways — even if the accident occurs while the car is being operated by someone else.

Suing the vehicle owner can provide a significant advantage in situations where the driver does not have substantial insurance coverage. If the vehicle owner has a greater amount of insurance coverage, then you can secure damages from them (to help cover your losses to some degree).

Other Liability Issues

Who Pays for Damage Caused by a Stolen Car?

What happens if the vehicle owner’s car was stolen, or used without permission? You may have limited options to sue them. If the vehicle owner did not actually give the driver permission to use their car, then they cannot be held liable for the incompetence or misconduct of the driver.

In those situations — if the driver has minimal insurance coverage — you may want to explore alternative legal strategies. The vehicle itself may have some defect that contributed to the accident, for example, allowing you to bring a claim against the manufacturer. Alternatively, there may have been other drivers involved in the accident (i.e., a multi-car pileup). These may present litigation opportunities.

Given the complexity of a car accident dispute, and how it may dynamically take different shapes over time, it’s important to consult with an experienced car accident attorney for guidance on how to proceed.

Contact A Car Accident Lawyer For A Free Consultation

If you’ve been injured in a car accident, whether or not the driver was borrowing someone else’s vehicle, you may be entitled to damages under the law. These claims can lead to significant payouts, but may be complicated by various factors. We’re here to help you secure the compensation you deserve.

At 1-800-THE-LAW2, we maintain a network of experienced car accident lawyers who are standing by to provide a free consultation. Our agents will connect you to an attorney who will guide you through the litigation process after evaluating your case. Don’t delay. Contact us to get connected today.

Choosing The Right Attorney To Handle Your Personal Injury Case

If you’ve been injured in an accident, then you may have a right to sue and recover damages as compensation — but searching for and selecting the right attorney to handle the case can cause additional anxiety and confusion.

In personal injury litigation, who you choose to represent you can make a significant difference in the outcome of the case. After all, your personal injury attorney is the one who will negotiate with opposing counsel and with insurers to secure the best possible outcome.

Personal injury attorneys work on contingency — they only get paid if they successfully obtain compensation on your behalf. As such, skilled attorneys understand how to not only get you a win, but how to maximize the damages so that you (and they) get a bigger reward for all the hard work.

But how should you choose? Let’s take a closer look.

What To Look For When Hiring An Attorney

Here’s some advice for hiring a lawyer in a personal injury dispute:

  • Choose an experienced attorney who is familiar with how the system works, knows where to look for weaknesses, and can investigate the claim effectively. Putting your claim in the hands of an inexperienced attorney may be a headache in the long run.
  • Choose a lawyer who specializes in personal injury law. This practice area is extremely specific when it comes to rules, regulations, statute of limitations, etc. The majority of personal injury lawsuits are settled before trial, and a lawyer who is skilled in negotiations will know how to deal with lowball offers. Do not risk quality representation by putting your case in the hands of an attorney who has limited personal injury knowledge.
  • Your attorney’s reputation is important in resolving your case because insurance companies and opposing attorneys who have had previous dealings with him or her are more likely to offer a fair settlement within a reasonable timeframe.
  • Select someone who has trial experience – they will not be afraid to turn down bad settlements just because they don’t want to go to court. Many attorneys can get comfortable staying out of the courtroom and this has negative consequences for their clients who may not end up with the strongest deals.
  • Opt for an attorney who is willing to devote resources into your case, especially if you have a serious personal injury claim. Prepping for cases can be expensive because of the need to hire experts to testify on your behalf, as well as investigators who follow every lead that can prove your claim.
  • Be wary of attorneys that will not allow you to talk with past clients – this may be an indication that they have not gotten satisfactory results in a number of cases.
  • Hire a personal injury attorney who has a strong record in winning cases – both in and out of the courtroom. Ask for specific numbers because you want to work with someone you can trust will fight hard for your best interests.

It’s worth taking the time to talk to your attorney and truly get to know them and their approach to handling a case — make sure to evaluate their communication style, attitude, and success rate. That way, you’ll be sure that you’ve found the right attorney to handle your case.

Call Us To Connect To The Right Attorney Near You

Here at 1-800-THE-LAW2, we operate a legal network of hundreds of experienced attorneys who are standing by for you to call in and talk about your case. Our attorneys fight relentlessly to secure compensation on their clients’ behalf.

We strive to make the process of selecting an attorney easier. Normally, after an accident, it’s incredibly difficult — and confusing — to search for an attorney. You may not have the mental bandwidth to make such a decision. There’s a lot to consider, after all, and there are countless firms out there listed on the internet and in the phone book.

Instead of calling up all of those firms and making a decision after evaluating each one, contact our team here at 1-800-THE-LAW2.

We make the process quick and easy. Call in, and we’ll ask you a few questions about your case. Within just 10 minutes, you’ll be connected to a qualified attorney who is more than capable of handling cases like yours.

Ready for a free consultation with an experienced personal injury attorney? Call 1-800-THE-LAW2 today.

What are the California Statutes of Limitations?

A statute of limitations is the amount of time you have to file a claim. If you file a claim after the statute of limitations has expired, your claim could be subject to denial. Every case is different and similarly the statute of limitations for every claim may vary depending on the circumstances. This is why it’s important to speak to a lawyer right away. You don’t want to risk the statute of limitations expiring and losing your right to a claim.

In California, and elsewhere, the “statute of limitations” operates as something of a deadline for each of your claims. The statute of limitations period gives you a set amount of time by which you have to file the applicable claim. If you wait too long and file after the statute of limitations period has expired, then your claim can (and likely will) be dismissed by the court.

Every case is different, and as such, the statute of limitations for every case is likely to vary depending on the circumstances. The dynamic nature of litigation can be quite confusing for those who are unfamiliar with the practice of law. Thus, it’s important to speak to a lawyer as soon as possible — you don’t want to risk having the statute of limitations expire, as you’d lose your right to secure damages in a court of law.

Now, when it comes to the statutes of limitations, each state has its own set of rules. It’s therefore critical to understand the basics, and to keep these limitations top-of-mind as you move forward with filing a claim.

Some of the more commonly-encountered California statutes of limitations, as noted by the Judicial Branch of California, include:

Common California Statutes of Limitations

When it comes to statutes of limitations, each state has their own specification. It is important to understand and keep these limitations in mind if you are considering filing a claim. A few of the common California statutes of limitations, as stated by the Judicial Branch of California, include:

Personal Injury Statute of Limitations

The personal injury statute of limitations in California begins to run 2 years from the date of injury. If the injury was not discovered right away, however, then the statute of limitations period begins to run 1 year from the date that the injury was discovered.

Property Damage Statute of Limitations

The property damage statute of limitations in California begins to run 3 years from the date that the property damage occurred.

Medical Malpractice Statute of Limitations

The medical malpractice statute of limitations begins to run 1 year from the date that you discovered the injury, or 3 years from the actual date of the injury (whichever is the earlier date between the two).

Workers’ Compensation Statute of Limitations

In the workers’ compensation context, you — the injured employee — must notify your employer within 30 days of being injured to file a claim. Failure to do so could result in the loss of significant workers’ compensation benefits.

Sexual Harassment Statute of Limitations

In California, those who have been sexually harassed must file a charge with the U.S. Equal Employment Opportunity Commission (EEOC) within just 6 months of the date of sexual harassment at-issue.

Breach of Contract Statute of Limitations

In California, you have 4 years to file your breach of contract claim (from the date that the contract was broken) if the contract was in writing. If the contract was oral, then you only have 2 years from the date that the contract was broken.

Government Claims

According to the Judicial Branch of California, you must first file an administrative claim with the particular branch of the government that you are taking action against before you can sue in a court of law.

With respect to filing that initial administrative claim, you’ll be subject to a 6-month statute of limitations period. Specifically, you’ll have to file within 6 months (of the date of the inciting incident) for personal injury and property damage claims, and within 1 year for breach of contract and real property damage claims.

The Discovery Rule

California law establishes a number of exceptions allowing plaintiffs extra time to file their claims for the statute of limitations deadline. Perhaps the most important exception is known as the “Discovery Rule.”

The discovery rule carves out an exception whereby the statute of limitations does not begin to run until the date that the plaintiff discovers (or should discover) that they were actually injured and therefore entitled to bring legal action.

How does this work?

Suppose that you are involved in a low-speed car accident. You walk away thinking that you haven’t been injured, and in fact, early diagnostic tests by your doctor show that you didn’t suffer any serious injuries. Four years later, however, a CT scan reveals that you are suffering from spinal degeneration caused by the accident.

Now, California’s default personal injury deadline is 2 years from the date of the injury. If you attempted to file your claims four years later, it would — normally — fail, and the court would dismiss the claims. However, given the circumstances, you could take advantage of the discovery rule.

The court would give you a year to file the claims (starting from the date that you discovered the injury). Thus, you could file 4 years, or even 7 years after your injuries, and still have an actionable, legitimate claim.

Contact An Attorney For A Free Consultation

Regardless of the type of claim you are looking to file, you should speak with a lawyer as soon as possible.

Here at 1-800-THE-LAW2, the California-based attorneys in our network can help you move forward with your claims while ensuring that you do so in a timely manner, without violating the statutes of limitations in California. Our skilled lawyers can let you know if you have a potential case over the phone.

Call us today to connect to an attorney in your area within just 10 minutes or less. Consultation is free and confidential, so don’t delay, as you could be putting your case at-risk of dismissal by waiting too long to file!

Our staff is available to help 24/7 in both English and Spanish. We look forward to speaking with you further.

SOURCES:

  1. American Association of University Women. Know Your Rights: Workplace Sexual Harassment. Retrieved February 24, 2015.
  2. The Judicial Branch of California. Statute of Limitations. Retrieved February 24, 2015.

Workers’ Compensation Laws

One of the most important workers compensation laws is the deadline for notifying your employer of your injury. You must report your work injury to your employer within 30 days of your work accident, or becoming aware of your work injury.

Failure to notify your employer by the deadline may result in you losing the right to file a claim. Like all laws, the workers compensation laws must be followed.

Workers’ Compensation Laws Entitle You to Benefits

After you get hurt at work, a California workers’ compensation lawyer could help you obtain:

  • All the workman’s compensation benefits you’re entitled to, up to $4,400 a month
  • Monetary compensation to cover your doctor and medical bills
  • Payments for up to 104 weeks of temporary disability
  • Payments for up to 240 weeks of disability for severe injuries
  • Total disability benefits

Reasons for workman’s compensation claims because of a work accident may include:

  • Physical injuries
  • Repetitive stress injuries such as carpal tunnel
  • Diseases contracted as a result of exposure to a toxin at work
  • Temporary and/or permanent disability
  • Vocational rehabilitation

Take Action Now to Protect Your Job

Remember, if you don’t report your work injury to your employer in less than 30 days from your work accident, or becoming aware of your work injury, you could make your situation worse. You may lose your right to file a workers’ compensation claim and your injury could worsen if you don’t seek medical help. Plus, it could potentially cost you hundreds of thousands of dollars in medical bills, disability payments and lost wages.

You’ve already been hurt at work. Don’t let an employer make your life even harder by firing you because of your injuries. Protect your job and your family.

Put all the workers compensation laws to work for you. Call now to get a free consultation with a workers’ compensation attorney. The workers compensation laws are here to protect you.

Disclaimer: Making a false or fraudulent workers’ compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

12 Workers Comp Claim Facts Everyone Should Know

Every year, millions of people get injured at work. By law employers are required to purchase workers comp insurance to cover their employee’s injuries. Under workers comp employees injured in the workplace may be eligible for benefits. In order to obtain these benefits they must report the injury to their employer and file a workers comp claim.

If you get hurt at work, the following are 12 workers comp claim facts everyone should know:

  1. If you are injured at work, you could be eligible for workers’ compensation benefits. There are five types of workers comp claim benefits: medical care, temporary disability, permanent disability, supplement job displacement and death benefits.
  2. You must file a workers comp claim within 30 days of a work injury, or you could lose your right to receive workers’ comp benefits.
  3. A claims administrator is required to authorize up to $10,000 in medical treatment one day after you file a workers comp claim with your employer.
  4. If you disagree with the diagnosis and treatment plan prescribed by the Medical Provider Network (MPN) doctor, you can get a 2nd and 3rd opinion from a different MPN doctor.
  5. An impairment rating is a percentage estimate of how much normal use of your injured body parts you’ve lost. It is based on guidelines published by the American Medical Association.
  6. Temporary disability pays up to two-thirds of your gross (pre-tax) wages, with a maximum amount of $1010.50 per week.
  7. For an injury sustained after January 1, 2008, you could receive temporary disability benefits for a maximum of 104 weeks within a five-year period.
  8. Permanent disability benefits vary, and are based on a disability rating, date of injury and your wages.
  9. Permanent disability benefits are paid after temporary disability ends and after your doctor determines that the injury has had a permanent effect on your ability to work.
  10. There are two types of permanent disability settlements: a compromise (a lump sum payment with no further payments for medical care) and a stipulation (payments made over time, including payment for future medical treatment).
  11. It is illegal for an employer to discriminate against you because you have filed for workers’ compensation benefits.
  12. An attorney can be a tremendous help in ensuring that you get the maximum benefits allowed for your type of work injury.

Free Workers Comp Claim Consultation

If you suffered an injury at work you have rights.

Don’t be afraid to take action, it is against the law for your employer to retaliate. Filing a workers comp claim is similar to filing an insurance claim and isn’t a lawsuit against your employer. Think of it more as a request for benefits.

Make sure you file your claim as soon as possible. The time you have to file a claim after your injury is limited and filing late could affect the benefits you are eligible for.

Our workers’ comp attorneys can help ensure that your claim is filed correctly and on time. Having a lawyer on your side greatly increases your chances of receiving maximum benefits from your workers comp claim. Call today for a free consultation.

Workers’ Compensation Stories – Real Settlements

If you were hurt at work, it’s easy to think that you can handle the claim on your own. But the workers’ compensation claims process is difficult to navigate and you will be up against a large company that has their own lawyers and own interests in mind. You need a lawyer who can fight for a fair workers’ compensation settlement to help cover your medical costs and lost wages.

We talk to injured workers every day. Many of them were left with no income and a family to support after they were injured on the job.  Our attorneys were able to help get them workers’ compensation settlements that allowed them to pay their bills, cover their medical expenses, and eventually get back on their feet.  Here are some of their stories:

Christina S. Christina worked as a forklift driver, loading and unloading trucks on construction sites, when she was injured.  She was cutting open bands of sheet metal when one of the sheets slid open and sliced her arm nearly down to the bone. She lost lots of blood and was given 15 stitches.

Christina was out of work for three months, and her employer asked her to pretend as if the accident never happened. When she tried to return to work her employer told her she no longer had a job.

Christina says without receiving her workers’ compensation settlement she would have “lost my car, I would’ve lost my apartment, I would’ve lost… basically everything. I would’ve lost everything.” She added that she wouldn’t have had a way of paying her medical bills, which would have affected her credit.

Her case settled within a month of her contacting us and she received a workers’ compensation settlement that was $5,000 more than she had expected.

Adrian C.  Adrian was adjusting a bale on a truck he was loading by pulling on string. When the string snapped, he fell 16 feet to the ground. He hurt his hip, knee and elbow and suffered bruised bones. When he reported his injury, his employer asked him not to file a workers’ compensation claim and said he would take care of it. Adrian lost two weeks’ worth of work and his medical bills were very expensive. He was billed $16,096.80 for just one emergency room visit.

Adrian realized that he needed help to get his bills covered and to make up for lost time at work. He called our attorneys and the next day an investigator was sent out to his home.

Adrian received help with every step of case and the monetary compensation he deserved. He was happy he didn’t have to pay anything upfront or deal with the complexities of his case: “I wouldn’t know where to begin; it’s just not something a regular, average person can handle.”

Get the Workers’ Compensation Settlement You Deserve

Your employer may not always have your best interest in mind, and it’s up to you to find someone who can fight for your rights as a worker. Keep in mind that you only have 30 days to notify your employer of an injury you received while working. It’s important to report your case, see a doctor and call an attorney as soon as you can.

Problems associated with a work injury don’t end after seeing a doctor or filing a claim, they’re long term. It’s important to make sure that you consult with a workers compensation lawyer to improve your chances of receiving the maximum workers’ compensation settlement. You want to be sure that the money you’re awarded will take care of you and your family for as long as you need it.

Save yourself time, money and frustration. The consultation is free and confidential and with our attorneys, either you get paid, or you don’t pay at all. 

“My workman’s comp claim was denied! Now what?”

It’s easy to panic if you receive a letter that your workman’s comp claim has been denied. Don’t – there’s a good chance you’ll still get benefits.

When your workman’s comp claim is denied, you usually have three options: submit it for reconsideration, request a hearing, or file an appeal.

Consider the first two options if you have additional evidence to provide support for your claim. Without this evidence, your claim will probably be denied a second time. Filing an appeal is the safest approach – and, oftentimes, the best approach. But you’ll need some help.

Five Steps to Increase Your Chance of Getting Workman’s Comp Benefits After Being Denied

  1. Consult with a lawyer. An attorney can determine the exact reasons why your claim was denied, and will gather evidence, contact witnesses, and hire experts to strengthen your appeal.
  2. Request your personnel file from your employer. Copy the contents and be sure to get a copy of the injury form you filled out. Give the copies to your lawyer
  3. Gather evidence for your claim, including: detailed doctor’s reports, emergency room reports, test results, rehabilitation progress reports, witness statements, medical bills, expense receipts (for transportation, medications, etc.) and any additional documents that would support your claim. Your lawyer may work with medical experts to determine if any additional reporting is required to support your claim.
  4. Prepare for a hearing. In some states, appeals are reviewed by a board; in other states, the appeal will be heard by a judge in a hearing. Your workman’s comp lawyer can help you prepare for the hearing. It is critical that you truthfully describe the details of your accident, including the loss of income and expenses you’ve incurred as a result of your injury.
  5. Beware what you do in public. Insurance companies are known for videoing workman’s comp claimants. Participating in any public activities that you claim you are unable to could jeopardize your claim.

Your denial letter should clearly state a deadline to file for an appeal. Do not miss this deadline! As soon as you get it, take action. The faster you act, the faster you could get the benefits you need.

Call today and we’ll connect you with a workman’s comp lawyer who has experience with your type of case. We’re open 24/7 and ready to help.

Occupational Insurance vs. Workers’ Comp

Workers’ compensation and occupational insurance both provide a level of protection for employees in the event of workplace injuries. Whether you are a startup business, a midsized corporation, a full-time employee, or independent contractor, it is important that you understand the differences between the two in order to protect your when it comes to workplace accidents.

Workers’ Compensation

Workers’ compensation is a state-regulated requirement for companies that employ a minimum number of workers, or employees who work a certain number of hours per week as mandated by law. The minimum number employees differ by state, but in some instances it refers to one or more employees, while others allow for 5+ employees.

Workers’ compensation may cover wage loss benefits, medical treatment and related expenses, and rehabilitation for employees who suffer an injury at work, or who get sick due to factors within their workplace environment. The insurance also includes employer liability coverage, meaning that employers receive a level of protection if the worker decides to sue in relation to their workers’ comp claim. The legal defense costs are often covered up to the policy limits. Employers still have a responsibility to maintain a safe work environment for their workers.

Occupational Insurance

Occupational accident insurance is a policy that is designed to offer benefits to independent contractors and employees who are not covered under a workers’ comp program. This type of insurance may provide medical, disability, and accidental death and dismemberment benefits, but unlike workers’ compensation – it is not state-regulated. Policies may cover wage loss benefits, medical expenses, and rehabilitation costs for employees or covered independent contractors, but only up to policy limits. Employers are allowed to choose their coverage and deductible amounts based on their own perceived risk.

Workers’ comp involves a higher cost to companies, but it also offers them more comprehensive coverage, especially in terms of their own liability – a component that is not a part of occupational accident insurance.

In some states, employers who choose occupational accident insurance can opt of the required workers’ compensation program. While the employer still has a legal obligation to employees who suffer injuries or death on the job, it comes at a much lower cost compared to workers’ comp.

Employers get statutory benefits with workers’ comp but when signing up for occupational accident insurance, they must make the following choices:

  1. The limit of liability to carry per accident
  2. The deductible to assume per accident
  3. The level of disability coverage to provide
  4. The level of death benefits to provide

Companies will still be responsible for legal obligations to their employees that are not covered by occupational accident insurance. Choosing the wrong coverage option can expose a company to dramatic financial losses – a problem that those with workers’ compensation insurance are less susceptible to.

Disadvantages to Occupational Insurance

While occupational insurance allows companies to save money when compared to workers’ comp, and give employers control of the type and amount of coverage to provide employees, there are several disadvantages:

  • The employer must bear the burden of proof in the event of a lawsuit
  • Employees can win claims for pain, suffering, and punitive damages up to a certain limit
  • If an employee’s expenses exceed coverage limits, employers will have to cover the excess costs

As an employer, consult with an experienced attorney to ensure you understand the risks associated with workers’ comp vs. occupational insurance.

As an employee, talk to a lawyer if you have been hurt on the job to understand the differences on how to proceed with a claim depending on the coverage your company offers.

Personal Injury vs. Workers’ Comp – What’s the Difference?

Workers that get hurt on the job may not be sure about their next steps. Is filing a personal injury lawsuit required or does workers’ compensation cover all expenses?

If you find yourself in this situation and want to know what is the difference between personal injury and workers’ compensation, here are the facts.

The Major Difference is Fault

The most important difference between the two is that a personal injury claim is associated with the fault and negligence of another party, while workers’ comp is not.

For example, in order to recover damages from someone for a slip and fall, a dog bite, a vehicle accident, medical malpractice, or any other type of personal injury claim, you must show that the other person was negligent or at fault in some way.

If you fell on someone else’s property because you were looking at your phone and tripped or you caused a car accident because you were texting, these events do not qualify another person as negligent.

With some limited exceptions, an employee who is injured on the job or suffers illness due to working conditions is entitled to workers’ compensation benefits. It is irrelevant whether the fault was due to a coworker error, negligence, or even because of something done incorrectly on your own part. There is no need to prove why the accident happened or who is at fault to receive your workers’ comp benefits.

What’s the Difference Between Eligible Damages?

Personal injury and workers’ comp claims also differ in terms of damages you are eligible to receive. The latter does not entitle you to benefits for pain and suffering, but personal injury lawsuits allow you to sue in order to recover all of the damages you have suffered. Lost wages, lost earning capacity, medical expenses, future medical expenses, permanent disability, pain and suffering, loss of enjoyment of life, etc. is all permissible when you file a personal injury lawsuit.

Workers’ comp only allows you to receive weekly compensation, permanent impairment benefits, medical bills, and vocational rehabilitation. Pain and suffering is not part of these benefits because the concept of workers’ comp is a tradeoff between labor and business owners. Before the plan was legalized, the only course of action injured workers had against their employers was to sue for negligence which put them at a disadvantage in getting the financial help they needed if their employer was not negligent or if they decided not to sue at all.

As a result, workers’ compensation allows injured workers to get the financial help they need while preventing them from suing their employers and co-workers for negligence. And the right to collect damages for pain and suffering is not possible.

There are two exceptions of employees that do not fall under the workers’ compensation laws – crewmembers of vessels, and interstate railroad workers. Crewmembers of boats cruise ships, or even small commercial fishing vessels are not entitled to workers’ comp benefits. Instead, a federal law named the Jones Act allows these individuals to sue an employer for damages, including pain and suffering. The same concept applies to interstate railroad workers under a federal law called the Federal Employers Liability Act.

What to Do When Injured on the Job

According to the U.S. Department of Labor, there were approximately 2.9 million nonfatal workplace injuries and illnesses reported by private industry employers in 2015.

Sustaining an injury on the job can be a traumatic experience, but all states require companies to have workers’ compensation insurance to protect employees who suffer a workplace injury or illness, regardless of fault. The steps to take after a workplace accident may differ slightly by state or employer.

The following points are general guidelines on how to proceed if you are injured on the job:

  1. Get the necessary medical treatment or first aid as soon as possible. The Workers’ Compensation Board must authorize the health care provider taking care of your injury, except in emergency situations.
  2. Report the injury to your supervisor or the company nurse, making clear that your injury was caused by a work-related factor. This should be done as soon as your injuries have been treated. An injured employee who does not report the accident in writing within 30 days may lose the right to workers’ comp benefits.
  3. Make sure your supervisor prepares a company accident report. If, for any reason, the supervisor will not prepare the report, you should write a letter stating the facts of your accident/illness and give a copy to the supervisor.
  4. Next, get a copy of the accident report and keep it in a safe place.
  5. File a worker’s comp claim. Typically, an employer must offer you a claim form immediately after learning about your injury. Until this claim form is completed, companies have no legal obligation to provide benefits. If for some reason your company cannot or will not provide this form, contact your state Workers’ Compensation Office. Fill out the “Employee” section, sign, and date it. Keep a copy of this form for your records. Ask your employer to fill out the “Employer” section and to provide you a copy of the completed form. If your employer refuses, it may be time to contact a workers’ comp lawyer.
  6. While your claim is being evaluated, make sure to follow all medical directions. If you don’t, your employer may argue that you are not serious about getting better and getting back to work.
  7. If you do not like the outcome of the claim or your employer disputes your benefit claim, you may seek a hearing with the Worker’s Compensation board.

You may be Entitled to Benefits

Workers’ compensation benefits cover employees for lost wages while recovering from work-related illnesses and injuries. The benefit amount is typically two-thirds of an employee’s weekly wage. Disability benefits are classified as 1) Temporary Total Disability, 2) Temporary Partial Disability, 3) Permanent Total Disability, 4) Permanent Partial Disability, and 5) Death Benefits.

Workers’ comp does not cover personal injuries or punitive damages, which an injured employee may be entitled to. In some instances, employees injured on the job can file a lawsuit in civil court to recover additional damages.

Call today for a free consultation with an attorney in our network today to understand your legal rights.

Why It Is Important to Report Accidents at Work | Workplace Injury Lawyer

According to Health and Safety Executive Statistics from 2013, 1.1 million workers suffered from an illness they believed was caused or made worse by their workplace. Getting hurt at work or being sick on the job can cause a wide range physical and emotional distress. While some employees have no issues reporting accidents that happen at work, some reports show that up to two-thirds of work related injuries and illnesses go unreported.

Why Do Employees Not Report Injuries?

Common reasons for workers not filing an employee incident report or reporting workplace accidents and illnesses include fears of:

While these reasons are all understandable, they can have consequences in the future.

Why It Is Important to Report Workplace Injuries Quickly

The longer an employee fails to report an illness or injury, the less time they will have to file a claim. States require both employees and employers to report accidents within a specific timeframe. When injured on the job, the risk of not reporting a workplace accident early is that the injury will persist and worsen. When employees can no longer stand the pain, or cannot afford to pay for the treatment on their own, it may be too late to claim for work or medical expenses.

OSHA Violations

The employer may also face negative consequences in the long-term. For example, not reporting injuries may result in higher premiums and audits. Also, if the accident is an OSHA reportable event, the employer may have to pay fines and face other penalties.

How Long Do You Have to Report a Workplace Injury?

When a worker is injured at work, the best practice for notifying an employer is to do it as soon as possible. Although some states give employees up to 90 days after an accident or injury occurred to report it, it is important to report it as quickly and immediately as you can. In extreme cases that result in death, the dependents of the worker, or their parents if they have no dependents, are given up to two years after the death date to file a workers’ comp claim.

Benefits of Reporting Accidents and Incidents at Work

Employers may feel that filing an incident report form and reporting accidents is not in their best interest. However, companies that value their workers and workplace safety know that early reporting and intervention has some upsides. These include cutting down on the health costs and legal fees related to workers’ comp, also known as Workers’ Compensation, and the ability to improve workplace safety as well as safety programs.

When Should an Incident Be Reported?

If you are injured at work, inform your supervisor immediately, in writing, if possible. This will start the process towards receiving workers’ comp. This does not mean you are suing the company, but rather requesting benefits for your injury or illness. Under FECA (Federal Employees’ Compensation Act), workers may initially select any qualified doctor to treat them, although there are some restrictions when it comes to the use of chiropractors.

Call 1-800-THE-LAW2 to Receive a Free Consultation With a Workers Compensation Attorney

If your employer does not file a claim immediately after you have notified them, it may be best to consult with a workers’ comp lawyer. Your attorney will work on your behalf to ensure you are treated fairly under the law. Having a lawyer to represent you signals that you are serious about the process. Contact us today to get started.

When Hurt on the Job, What are Your Rights?

Companies across America are required to provide their employees with a safe and healthy work environment. Even if an employer has done everything to ensure a safe workplace, the possibility of accidents and injuries is always there. Examples of workplace injuries include broken bones, irritating pre-existing conditions, occupational illnesses, and even mental stress.

Steps to Take When Hurt on the Job

When you are hurt on the job and asking, “What are my rights?”, the first and most important thing you can do is report the injury to your employer. Most states require you do so within a few days of your illness or injury so make this a priority after getting medical treatment.

Next, protect your rights by filing a claim with the workers’ compensation court in your state. This will put your employer, the court, and your job’s insurance company on formal notice of your injury.

Know Your Rights

While workers’ comp laws differ from state to state, there are a number of rights that are standard across the country. These include:

  • The right to file a claim for injury or illness caused by your job in workers’ compensation court
  • The right to see a doctor for medical treatment
  • The right to return to your job once a physician has released you and given you permission to go back to work
  • The right to some kind of disability compensation if you are unable to go back to work due to the injury or illness – whether permanently or temporarily
  • The right to appeal decisions you do not like from your employer, the insurance company, or the workers’ comp court
  • The right to hire an attorney to represent you during the process.

There are also situations in which you have the right to refuse certain offers or requests:

  • You have the right to say no if you are hurt on the job and your employer asks you to use your own health insurance to pay for your treatment
  • You have the right to say no if your employer offers you incentives, such as increased pay, shorter hours, etc. in an attempt to persuade you not to file a workers’ comp claim. Doing so is illegal, and you may want to consult a lawyer right away
  • It is also illegal for your employer and/or manager to make things difficult for you once you get back to work. If harassment or hostility occurs because you filed a workers compensation claim, your company is acting illegally and can face strict penalties for such behavior.

Work injuries are painful enough without the added stress of mental and emotional repercussions. If you are unsure about how to proceed or caught in the middle of a claims battle, call today for a free consultation with an attorney.

How Long Does An Employee Have to Report an Accident?

The short answer is: as soon as possible.

Reporting an injury to your employer is the first essential step to take after you are hurt. Waiting too long to report an injury could end up costing you more than you think.

While laws vary from state to state, ideally, you should provide your employer written notice of a workplace injury within 30 days.  After 30 days you may be compromising your right to receive the worker’s comp benefits, including lost wages, that you deserve.

Once you’ve notified your employer, he is required to complete an “Employer’s Report of Occupational Injury or Illness” form. Review the form, ensure it is accurate, and request a copy for your records.

If you require medical attention for your injury, seek it as soon as possible. Getting timely and adequate medical treatment is essential not only to your recovery but to maximize your workers’ compensation benefits and compensation.

To receive benefits and compensation, you must file the necessary forms to open your worker’s compensation claim. Submitting a claim with your employer is your responsibility.  If at any point you are denied a form or the opportunity to seek medical treatment, it is best to consult with an experienced worker’s comp attorney.

How Do I Know if I Qualify for Worker’s Comp?

Every claim is unique, and your basis of eligibility is dependent on the details of your specific situation. There are, however, a few basic guidelines the insurance companies look for when reviewing a claim:

  • Whether you are an employee of the insured company
  • Whether your injury or illness is a result of a work-related duty
  • Whether your injury was reported to your employer within a reasonable amount of time
  • Whether your claim was filed according to your State’s deadlines

If you are uncertain about your state’s deadlines, have been denied by the insurance carrier or your employer; contacting an attorney may be your best option to determine your next step.

What Benefits Could I be Eligible for?

Worker’s compensation is intended to protect you (the employee) when an accident or work-related illness occurs.  Familiarizing yourself with workers’ compensation benefits can help you determine if your employer’s insurance carrier is holding out:

  • Medical Treatment– Medical care intended to help alleviate or recover your workplace injury
  • Disability Benefits- Temporary or permanent depending on the severity of your injury
  • Supplemental job displacement benefits –A voucher intended to fund the training of a new skill if you are unable to return to the same job duties you performed prior to your injury
  • Death Benefits – Monetary compensation for your spouse or dependents in the event of death due to work-related injury or illness

The benefits listed above are not guaranteed in all situations Often insurance carriers deny claims unjustly, and many go without contesting or consulting with an attorney. Don’t let this be you.

Is My Employer Obligated to Have Worker’s Comp Coverage?

Most companies are legally required to maintain coverage if they staff one or more employees. Heavy penalties and fines often deter companies from being uninsured. There may be a few exceptions depending on the industry and the terms in which you were hired. For example, if you were hired as an independent contractor or consultant, you may not be considered an employee of the company and therefore are ineligible for coverage.

Nonetheless, each state has its own prerequisites regarding worker’s compensation coverage and should be verified with your state Department of Labor.

Are Work Injuries Avoidable?

Although there are safety programs and measures a company can take to create a safe environment for its employees, accidents can still happen.

If you feel that your workplace is unsafe, it is best to report any safety hazards immediately to your employer or to the state Occupational Safety and Health Administration (OSHA).

How Soon Should I Hire a Worker’s Comp Attorney?

Bottom line: the minute you feel like something is not right; it probably isn’t. But why wait until then?

Suffering from a work injury and worrying about lost wages while trying to pay  your bills can be mentally debilitating. Contacting a worker’s comp attorney as soon as possible can help ease your worry and ensure you receive all the benefits and lost wages you deserve.

Slip and Fall Accident in the Workplace

Often when we think slip and fall accident, we think personal injury. But what if a slip and fall occurs at work?

If slip and fall refers to cases in which someone falls and suffers harm because of a dangerous condition on some else’s property, wouldn’t this include the workplace? It does, and it happens often.

According to the Bureau of Labor Statistics, 260,610 workers in the United States suffered injuries associated with slip and falls in 2008 and 847 of those were fatal. Slips trips and falls result somewhere between 15-25 percent of all nonfatal workplace injuries, the highest frequency of injury.

We often think of slips trips and falls as minor, but they are sometimes serious and can result in permanent, even disabling, injuries, including:

  • Broken bones
  • Back or spine injuries that may cause paralysis
  • Muscle strains
  • Sprains
  • Death — someone dies in a fall on the job practically every day

Compensation for a Slip and Fall at Work

Most on-the-job injuries are handled by your state’s workers’ compensation insurance, preventing you from suing your employer. You also don’t have to prove employer fault through workers’ compensation. However, although you do not have the responsibility of proving fault, workers’ compensation laws limit the amount you can receive.

Some states do not require workers’ compensation for small companies. But if your injury was caused by your employer’s intentional or reckless action, or the actions of a third party, such as another company making a delivery to your employer, you may be able to file a lawsuit against that company.

You should always consult with a lawyer if you are the victim of a slip and fall accident. An experienced lawyer can advise you of your rights and responsibilities.

Who’s Looking Out for You?

When a slip and fall accident occurs in the workplace it is usually due to the employer’s negligence.

For your safety and that of your co-workers it is important to recognize slip and fall hazards. These are some things to look for:

  • Cluttered floors
  • Loose floorboards
  • Defective sidewalks
  • Parking lot potholes
  • Poorly constructed staircases
  • Torn carpeting
  • Recently mopped or waxed floors
  • Wires
  • Leaks

Slips trips and falls are preventable by following a few simple steps:

  • Clean all spills immediately
  • Mark spills and wet areas with signs
  • Regularly mop or sweep debris from floors
  • Remove obstacles from walkways, always keeping them free of clutter
  • Tack or tape mats, rugs and carpets that do not lay flat
  • Always close file cabinet or storage drawers
  • Cover cables that cross walkways
  • Keep working areas and walkways well lit
  • Replace used light bulbs and faulty switches

Although your employer may have workers’ compensation insurance and in-house medical staff, you want to be sure that you aren’t rushed back to work too soon or that you are saddled with medical bills.

To sort out your legal rights, it’s important to talk to an experienced workers’ compensation attorney in your state. You want to make sure that you are given the proper amount of time off to heal and receive a fair compensation for your injuries.

Your consultation with a lawyer is free, and you won’t have to spend any money out of pocket — either you get paid or you don’t pay at all!

What Is The Difference Between Workers’ Comp And Employer’s Liability?

Workers’ compensation and employer’s liability coverage are usually purchased together under a company’s overall business insurance policy. To understand the difference between workers’ comp and employer’s liability, let’s review what each plan covers.

Workers’ Compensation

Workers’ compensation provides coverage for employees that are injured while working, without regard to fault. It is a state-mandated program and a form of no-fault insurance. While the employee must show that they were hurt while performing the duties of his or her job, they do not have to prove that the employer was negligent. Workers’ comp will cover the costs of medical expenses such as treatments and medication, as well as partial wage loss. It does not cover any costs associated with pain and suffering.

Employer’s Liability

Employer’s liability provides coverage for an employer in situations where an employee feels that the workers’ comp provided was not adequate to cover the cost of medical bills or lost wages, and that the employer was negligent. In these lawsuit driven situations, the employee must still show that his or her injury took place while doing their job, but also that it would not have happened if it weren’t for negligence on the part of the employer.

Employer’s liability insurance covers all kinds of employer’s liability claims, unless the policy specifically excludes them. Four of the most common lawsuits involve the following:

  1. Third party cases: In these cases, another party was held liable for the employee’s injury and in turn, they are filing a lawsuit against the employer. An example is if you own a construction business and an employee was hurt using a machine that was not serviced regularly. The employee sues the manufacturer of the machine, who then sues the employer for contributory negligence.
  2. Loss of consortium: An injured employee’s spouse files this type of lawsuit. These damages typically fall into one of three categories – damages for loss of services, damages for loss of support, and damages for loss of quality in the marital relationship, which includes acts like providing affection or emotional support.
  3. Dual-capacity suits: An employee can file this lawsuit when a product their employer makes is the cause of their injury. This means the company is liable both as an employer and a manufacturer.
  4. Consequential bodily injury: If the employee’s family members suffered bodily injury themselves as a result of the workplace injury, they could sue the business. For example, if an employee was injured using a machine and their spouse suffered an aneurysm from stress, the employer may be sued for those damages, as well.

When these claims arise, employer’s liability insurance can cover a company’s legal defense fees, settlements, damages and judgments, and other court costs.

To prove a claim, an employee must show that the employer was negligent in some way. Proof of negligence requires:

  • The employer had a duty to protect their workers from harm
  • Actions or lack of actions breached that duty
  • An injury occurred as a direct result of an employer’s breach of duty
  • The employee suffered tangible harm as a result of the injury

Consult A Workers’ Compensation Lawyer

If you have been involved in a workplace accident, consult with a workers’ compensation attorney to stand by your side throughout the process. He or she can help you determine if the expenses of your claims warrant a lawsuit under the employer’s liability coverage.

Short Term Disability vs. Workers’ Comp: What’s the Difference?

Short Term Disability, or STD, and Workers’ Compensation, or WC, are similar benefits, as they both provide compensation for injuries. The main difference is that workers’ comp covers employees who get hurt at work, while short term disability is for injuries or illnesses that are not work related.

Questions that this article can answer about Short-Term Disability and Workers’ Compensation:

Short Term Disability Coverage

What Qualifies for Short-Term Disability?

Common examples of short term disability qualifying conditions are:

How Does Short Term Disability Work?

Employer Paid Short-Term Disability

The employer usually purchases short-term disability insurance and employees contribute toward the payment. If an employee ever needs to use their disability benefits, they may have to make it known to the company’s Human Resources, or HR, department. The company has no say whether the employee is entitled to or denied disability benefits, the insurance carrier makes this decision.

How Much Does Short-Term Disability Pay and How Long Does It Last?

STD, or Short-Term Disability, payments are about two-thirds of an employee’s normal salary. They are usually payable for about six months.

How Does Workers Comp Work?

Workers’ comp insurance protects workers from loss of wages and medical expenses caused by a work-related injury. While each state has specifics requirements regarding workers’ compensation, employees have the right to benefits if they are injured while performing the functions of his or her job.

How Much Does Workers Comp Pay?

Most workers’ comp insurance policies pay employees approximately two-thirds of their regular paycheck, and not their full salary. Workers Compensation also pays reimbursement for all medical bills and rehabilitation caused by the on-the-job injury.

What Pays More: Workers’ Comp or Short-Term Disability?

Choosing which benefit to apply for can be confusing. Generally, if you are hurt or get sick due to a condition on your job, you should apply for workers’ compensation benefits. If your claim is denied, then you can try to file for Short-Term Disability benefits. The most difficult situation for any injured employee is when both insurance companies deny the claim, then they point the responsibility at the other. This results in zero coverage for the worker, and they may want to consult an attorney who can fight on their behalf.

Can You Get Workers’ Comp and Short-Term Disability at the Same Time?

A common question is whether an employee can be denied disability benefits if they are also seeking workers’ comp benefits. The answer is yes. Standard STD insurance policies state that workers’ comp must handle salary reimbursement where work absence is due to work-related injuries. If an employee is approved for workers’ comp benefits, they are ineligible for disability benefits.

Workers’ Comp Exception

The exception, however, is if the workers’ comp claim is denied, the application for STD benefits will be considered. It is also important to note that while workers’ compensation is required, disability insurance is not. It falls under the category of employee “benefits.”

In some situations, an employer may encourage workers to file for short term benefits for an injury sustained at work. Reasons for this may be that the employer is not 100% clear on the differences between the two types of benefits, or they are trying to save themselves money. In the case of the latter, the employer will not be subject to increased premiums if an employee seeks benefits through their STD. If you or someone you know have experienced a situation where a company is insistent that a job injury be filed under STD insurance claim, consult with a lawyer who can help navigate the situation.

Workers’ Compensation Lawyers

Workers’ compensation benefits are governed by a distinct set of rules and procedures, if you fail to follow these rules, you may lose your right to receive benefits under the law.

Consult a workers’ compensation attorney as soon as possible to fight for the benefits you are entitled to. Call 1-800-THE-LAW2 and one of our agents will connect you to an experienced attorney in 10 minutes or less. Consultation is free and confidential.

Tips for Avoiding a Dog Attack

Dog attacks do happen, but there are steps that can be taken to try and avoid or prevent a dog attack from happening. Research shows that every day about 1,000 people in the United States go to the emergency room for injuries resulting from dog bites. Fortunately, if you are approached by an aggressive dog, there are steps you can take to try and avoid a dog attack.

How to Avoid a Dog Attack

Certain breeds of dogs may be more dangerous than others. A 2011 study by Animal People revealed that pit bull terriers and Rottweilers accounted for 74% of fatal attacks. Being approached by an aggressive dog can be frightening. Your initial thought might be to run away, but in doing so you’re actually enticing the dog to chase you. In an encounter with an aggressive dog try to remain calm and follow these helpful tips from the Humane Society:

  • Resist the impulse to scream and run away.
  • Remain motionless, hands at your sides, and avoid eye contact with the dog.
  • Once the dog loses interest in you, slowly back away until he is out of sight.
  • If the dog does attack you, “feed” him your jacket, purse, bicycle, or anything that you can put between yourself and the dog.
  • If you fall or are knocked to the ground, curl into a ball with your hands over your ears and remain motionless. Try not to scream or roll around.

What to Do If You Are a Victim of a Dog Attack

Although both children and adults are severely injured from dog bites and dog attacks, children are at greatest risk. Kids typically play with dogs more often than adults and are more likely to unknowingly engage with dogs in ways that can make a dog aggressive. Children are also less able to protect themselves against an aggressive dog.

Even when following tips for how to avoid a dog bite, an attack can happen and cause severe injuries requiring multiple doctor’s visits and even surgeries. As though the physical pain and emotional trauma aren’t enough, the medical expenses incurred from a dog bite can cause tremendous stress on your finances. As with any injury, taking the time to heal is critical. In the case of a dog bite, however, protecting your family’s future from a financial drain is also imperative.

If you are a victim of a dog bite, contact a dog bite lawyer immediately, due to the strict liability law. You could receive compensation for your injuries, medical expenses, lost wages, and emotional damages. In order to support your claim, make sure you:

  • Report the incident to animal control
  • Take down the information regarding the incident, dog owner, and witnesses
  • Seek medical treatment – photograph the wound before and after the incident
  • If the injury is severe, contact a dog bite lawyer

If your or a loved one is a victim of a dog attack, speak with an experienced dog bite lawyer. This is a time when a dog bite lawyer can be your best friend. A dog bite lawyer with experience can help you recoup:

  • Medical costs
  • Costs for property damage
  • Lost wages from time off work
  • Rehabilitation
  • Permanent or temporary disability

In dog bite cases, accountability rests with the dog owner and costs are typically recovered from a homeowner’s insurance policy. This is a complex process that’s best handled by a professional – a dog bite lawyer. The situation can be stressful, but a dog bite lawyer can handle the claim for you.

SOURCES:

  1. DogBite.org. Dog Bite Statistics. Retrieved February 12, 2014.
  2. The Humane Society of the United States. How to Avoid a Dog Bite. Retrieved February 12, 2014.