Don’t Settle for a Bad Settlement

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Over the course of any lawsuit a victim has an interest of reaching a quick settlement. When you reach a settlement the plaintiff in the case will agree to accept an offer and give up the right to legal recourse at a later date. This means once an offer is agreed upon, the plaintiff will not have the right to receive additional compensation at a later date. When you do eventually settle don’t settle on a bad settlement offer!

Millions of people each day struggle to pay their bills and provide for their families. When you have been involved in an accident and it resulted in injury, the struggle may get harder. Personal injuries can be catastrophic and in many cases the victim is forced to take time off of work. If you are living pay check to pay check and you don’t have short or long term disability coverage, it can become very challenging. If you lose a job and incapable of returning back to your profession, it can become financially devastating to the victim.

When you read about personal injury cases oftentimes you think compensation is only available for medical bills, pain and suffering and property damage. While these are a few of the expenses that should be included in a compensation package, loss of job and loss of wages should be a high priority on the list. The average household income from state to state ranges from around $36,000-$69,000 with the average personal income lower. If you own a home, car, renting an apartment and your the breadwinner of a family, cutting out your income can be very problematic.

Insurance companies have the reputation of forgetting to include loss of income into the total compensation package. They may include a few days but what about time lost for follow-up visits to a doctor, hospital, physical therapist. If you are involved in an accident it may require additional visits for x-rays, MRI’s and medical evaluations. These costs should certainly be included. Consider the costs for retraining yourself to enter into a new occupation because you are no longer able to go back to work.

If you are considering a settlement make sure you consider all the costs associated with an accident and not just the ones you have bills for.  So when you reach the settlement table be sure not to settle for a “bad settlement”.

Catastrophic Injury

Catastrophic injuries are injuries that require a large amount of medical care.  These injuries will almost always have long term permanent effects on the person’s life.  Some people are lucky enough to make a good to excellent recovery with the right medical care.  Many people will experience suffering, disability, and a shortened lifespan.  These people need compensation more than many people.  There situations are so extremely severe, that many times they are rendered totally helpless.

With catastrophic injury cases, you should seek services from an experienced personal injury law attorney.  Sepcifically, this attorney should have experience with catastrophic injury. A catastrophic injury can lead to a lifetime of medical care, or multiple surgeries. The right attorney will understand the healing process and what the victim has in their future. If an attorney understands the long-term effects of an injury, the attorney will be better able to argue for the compensation that is needed for the victim.  A solid case is of the utmost importance to get a victim exactly what they deserve.

When a person suffers a spinal cord injury, they often face lifelong injury and dependence on other people. An active person can suddenly become completely disabled, with injuries that cannot be treated.   While there is always hope of a future medical advance that will help to cure a spinal cord injury, a person still needs compensation for what they will be going through in the present and the future.  At this point, there is no guarantee that a person will ever improve after a spinal cord injury has occurred.

One of the true tragedies is that many people are catastrophically injured, but cannot recover what they need for their injury. Legislatures throughout the country have imposed caps on “non-economic” damages.  This causes compensation to be very low.  Jury verdicts are shown to be rare.  This leads to further under compensation.   Insurance companies have a tendency to misrepresent, so people don’t get the damage recovery that they need.  Any victim and family of a catastrophic injury case needs to get an attorney that is willing to fight very hard for  the rights and compensation that the victims and their families not only deserve, but need as well.

Statistically speaking, many of the worst drivers have the lowest insurance coverage or none at all. The amount of suffering that results from living a lifetime of severe injuries, is inconceivable.  The laws need to do more in order to make sure that people who suffer catastrophic injuries do not effectively lose their right to as normal of a life as possible.  They are injured by no fault of their own.  The laws need to work for the victims.

If you or a loved one faces recovery from a catastrophic injury, seek assistance from an attorney who has experience catastrophic injury and personal injury law.  The ideal attorney will know how to find every possible way to get the compensation that you deserve. Even if you don’t have a legal cause of action, an attorney can help you obtain government benefits.

This article should not be construed as legal information

Related Legal Site: If you would like additional information on catastrophic injury please visit TampaPersonalInjuryLawyer.org

When Being Faced With a Defense Medical Examination

Many times an insurer will request a medical examination.  This is a right that is grated by the court.  The physician who conducts the physical may be present to testify at your trial.  This is not uncommon in an insurance defense case.  Any findings are admissible in court.  You must take caution during the examination, because anything you say is also fair game for the trial.  Be careful when talking about how you were injured.  Don’t over explain the extent of your condition.

Because of the sensitive manure that occurs with a defense medical examination, it is important that you know some dos and don’ts to be aware of.  Make sure to arrive on time.  Be patient if you are requested to wait.  Be honest when describing your injuries and answer any questions to the best of your ability.  Make sure to look at any documents given to you.  In this case, do not sign anything that has not been reviewed by your attorney. This is for your own protection and your rights in the courtroom.  Answer what is asked of you.  Be direct and don’t answer with any more information than you have to.  This doctor has been hired y the defense to work against your case.  Remain calm and polite.  If you become angry and impatient, the doctor may be negatively influenced by you.  Always take note of now long the exam took

Under no circumstances should you become angry or try to argue your side of the case.  Do not refuse to answer any medical related questions. This is all the doctor is permitted to ask.  If any questions are not appropriate, just politely state that your attorney will answer any of those questions.  Respond accurately to the doctor.  Don’t say that everything hurts.  The doctor is often asked to document how you react to pain.  You don’t want it to look like your responses are exaggerated.  Under no circumstances should you volunteer information.  This will be used by the defense litigation attorneys to come back at you.  Don’t question the doctor’s credibility.  This is the job of your attorney during the trial.  Never use legal or medical terms.  Never try to guess what the physician will ask.  You may end up showing inconsistency.  It is ok to say you do not know if the doctor asks something that you can’t answer.

The insurance defense has the right to have these examinations take place.  By following the steps above, you will be giving the defense their right.  You will also be protecting yourself against undue challenge during the trial.

Make sure that you have an attorney who is experienced in the area of insurance defense law.  You will be going up against major insurance companies who are not working in your best interest.  They are working to discredit your case.  Your attorney will help you build the solid case that you need to get the recovery that you deserve.

This article should not be construed as legal advice.

Website Resource: The Personal Injury Attorneys of the Snyder Law Group. Serving Lakewood Ranch and Bradenton, FL.

Personal Injury Due to Medications

Drug injury cases can be hard to prove.  Cases are highly technical and require a personal injury attorney that can back you.  Drug injuries are often subject to many legal technicalities.  This makes them very complicated and hard to win.  Difficulty depends on the type of drug that caused the injury, and where the injury stemmed from.

Cases due to drug injury fall into two different categories.  The first category has to do with the design of the drug.  This makes it a product liability.  The second has to do with improper implementation of medication.  This is the case when medication is given in the wrong dosage, prescribed inaccurately, or in the cases where the wrong drug is given.

If you are dealing with a defective drug, the plaintiff needs to seek recovery from the manufacturer for damages.  Most of these cases are caused from drugs being released too early to the public before all side effects have been thoroughly studied.  These cases require an experienced attorney.  The defendants in this case will have many attorneys with unlimited resources.  It has been found that many of the companies will tamper with results to avoid paying any recovery.  These cases require the right representation.  Make sure to find an attorney that specializes in these cases.  Many firms will claim to take such cases.  Once you sign a contract, they will subcontract your case to a larger firm.  This can get very confusing and important aspects of your case can be lost.

Next, we will look at improper drug implementation.  At this point, you will be dealing with doctors or pharmacists.  You may have gotten the wrong drug or the wrong dosage.  The pharmacist as well as the doctor can make the same error.  This is considered medical malpractice.  These cases are extremely difficult.  Many legal statutes have been added to the legal system throughout history.  Lawmakers try hard to protect doctors from frivolous lawsuits. There is nothing wrong with this in itself, but it put a cap on the amount that a doctor can be sued for.  So, although this is good for doctors, personal injury victims are punished with these laws.

These cases require a very high standard of proof.  An attorney needs to be experienced enough to prove that the accident is serious enough in the eyes of the court to become a lawsuit.  Many scenarios that would have easily gotten compensation now are looked at from every angle possible.  Many attorneys will no longer take these cases.  Make sure you find someone in the area who has experience.  An attorney needs to go in with a fearless attitude.  People who suffer injuries due to medication and drug error deserve to be compensated.

If you have been harmed due to a certain drug, you deserve a personal injury lawyer who can back you up and get you the compensation that you deserve.  Do not back down when you know you are in the right.

This article is not intended as legal advice.

Additional Legal Information: Please visit http://www.orlandoinjurylawyers.com

Personal Injury: Dog Bites

Dog bites are often not expected by the victims or the owners.  A dog that has never bitten can become frightened and over protective.  It then bites you or a member of your family.  The number of dog bites has reached record high proportions in the United States.  If you are bitten, you need to protect your rights as a victim.  Laws pertaining to animal behavior not only vary from state to state, but city to city as well.

Some states have passed very strict, laws, while others have not. Some states only hold an owner liable if they knew or suspected that their pets would bite.  Although this is true, you do have rights as a dog bite victim.  You do have the right in many states to kill a dog during an attack if necessary.

Make sure to get al information from the owner and any witnesses if you are attacked.  Make sure to seek medical attention and save all information.  If you do not know who the dog belongs to, call the authorities in order to have the dog contained.  Obtain all records about the dog from the owner.  Make sure to take photographs of all injuries that you received during the attack.

One unfortunate fact is that repairing dog bite wounds is considered cosmetic.  Insurance will not cover this.  In order to not pay out of pocket, make sure to file your claim as soon as possible.  Dog owner can be held responsible for your medical bills, lost income, and emotional pain and suffering.  Sometimes a dog owner’s insurance company may cover your costs if the incident occurs on their property.

If you are a victim of a dog bite, you need to seek the advice of an experienced personal injury attorney.  They need to be aware of the dog bite laws with your specific area.  They will be the does that will help you protect your personal and financial well-being.

An experienced attorney can help you collect any mandatory legal-medical documents from a plastic surgeon. Your attorney will help ensure that all future surgeries will be covered by your insurance plan.  If this is not done, you will be paying out of pocket.

If you try to represent yourself, chances are you will not be successful.  You need to know how to work with the legal system and your insurance company to help get compensation.

Don’t let a dog bite ruin your life and financial situation.  Find an attorney right away that can help you stand up for your rights and make sure that your medical bills are paid for.  Many dog bites occur due to owners who are careless.  Many people train their dogs to protect or be overly aggressive.  Some dogs end up running loose in the streets.  You should not have to pay for someone else’s negligent pet handling.  Many people have dogs that have been never bitten.  Even though it is hard to blame the owner, you still deserve compensation for your injuries.

THIS ARTICLE DOES NOT CONSTITUTE LEGAL ADVICE!!!!

Additional Legal Site:  For information on dog bites in Boca Raton, FL visit FloridaInjuryLawyer.org.

Notifying Possible Defendants

When you have been injured in an accident you need to notify anyone whom you feel is at fault in the event that you are going to file a claim.  You don’t have to know for sure who is at fault, but you must think about who might be.  You do not have to give information out in the beginning regarding your situation or injuries that were obtained.  You just need to let the possible defendants know that you were hurt and are going to file a claim.  This can be something that an attorney personalizing in Florida personal injury law can help you with.

You want to notify anyone who you feel might be responsible.  Decide exactly whom you are going to notify.  This will often depend on the circumstances of the accident.  You will need to notify all drivers involved.  This may also include the owner of the vehicles, employer if the accident involved a company car, and your insurance company.  There may be other depending in your accident situation.  Notify anyone that you feel could be a future defendant.  The possible guilty parties must know in advance for you claim against them to be valid.

Once you have had time to think about who is at fault, you will want to write them letters.  These letters should tell them about the accident and that you were injured.  You may need to send to different types of people.  If your accident was a slip and fall, you will need to write to the business where you fell and the property owner.

Make sure to write a letter regardless of the fact that people have assured you they will notify their insurance companies.  Your notification should be simple.  Give basic information and ask for a response.  Never discuss fault or responsibility in your letters, your injuries.  This will be dealt with later on, with your Florida personal injury law attorney.

Never delay giving notice.  Even if you have a certain amount of time, it is best to start notifying and begin your claim early.  Just because you send a notice, it does not obligate you to file a claim against them. It is just part of what will be your claims process.  It is a form of protection on your end.  If you do file a claim against any of the people they can’t say that it was unfair because they were never notified.

Make sure to let an experience attorney in Florida personal injury law help you out.  You never have to be in your personal injury process alone.  An attorney can make everything a lot more clear to you and do many things on your behalf that you would have to do without an attorney.  Remember that you deserve compensation.  It is ok to think of people that may be at fault and file a claim based on what you deserve.  It is just very important that you notify anyone who is a possibility in any way.  This will protect you when it comes time to file your claim.

This is not legal advice.

Additional Source: Personal Injury Attorney Christian D. Searcy. Serving Clients in the Tallahassee area and throughout the nation.

Common Truck Accident Causes

Trucks cause many accidents, injuries, and even deaths. Legislation has tried to prevent accidents by putting more strict regulations on the trucking industry as a whole. Many consistent accidents occur between trucks and other vehicle passengers.

These common causes can assist you and your attorney when it comes to discussing your case. One of the number one causes of trucking accidents is driver fatigue. Driver’s are supposed to follow regulations when it comes to the hours that they drive in a given day and week. Hours must be split between driving time, on-duty time, and off-duty time. When a trucker is not driving during off-duty time, it is to be no less than 10 hours. There should be no more than 11 hours of straight driving time. Overall on-duty time is not to be more than 14 hours after a shift has started. Trucking companies are supposed to keep track of overall on-duty time. A driver is not to spend more than 60 hours on duty in a seven-day period, or 70 in an 8-day period. Although these rules are designed to keep drivers free of fatigue, these regulations are often not followed or enforced to the fullest extent. If an employer does not follow these rules, they can be held responsible if an accident does occur due to driver fatigue. All drivers are supposed to keep a log of their rest time and driving time.

These logbooks will often go under review when a truck accident attorney is putting a case together. It takes a tremendous amount of focus to drive a large truck and remain safe on the road. It is unfortunate that many drivers turn to stimulants and other drugs to stay awake while driving. All truckers are supposed to be given drug tests during the hiring process. These drug tests are to continue throughout the employment of a driver.

Drugs found in a driver’s system after an accident would add to their fault and negligence on the road. Speeding is a very large problem among truckers due to unrealistic delivery times. Trucks are very dangerous to their weight. The faster they go the harder it is for them to stop. Police investigate all aspect of a driver’s actions.

All of this evidence will then be used in court. Maintenance is another issue that causes many accidents. There are regulations that legally bind employers and drivers to prevent hazards through inspection. All maintenance should be routine. All truck drivers should inspect their vehicle for potential hazards at every stop.

Every company and their employee should know the inspection process. Trailers that are poorly loaded pose a big risk to others on the road. Poor loading practices can lead to liability when it comes to accidents. If products are not loaded properly, it can be harder to keep the truck under control.  Everything that is loaded into a truck is considered when it comes to truck accident law.

This is not legal advice.

Additional Legal Information: Truck Accident Law Firm of Gordon & Elias. Serving clients nationwide including Massachusetts.

Birth Injuries

There is nothing quite like the joy of giving birth. Unfortunately for some women and their partners things can go horribly wrong. Dealing with any birth injury is typically traumatic and it can often take parents a long time to come to a realization that it was not their fault. 27 out of every 1,000 live births result in some kind of serious birth injury. That may not sound like many but if it happens to you it can be devastating with often life-long implications. When the beautiful birth you expected goes wrong be sure to get all the medical, emotional and legal help you can.

Some of the more common birth injuries include:

• Shoulder dystocia can cause damage of varying severity to the nerves. Sometimes a baby can get stuck behind the pelvis during delivery. This often occurs in breach babies or large babies. Sometimes the doctor, midwife or whoever is in charge of the delivery does not see what is happening and will try to forcibly pull the baby out. This can result in trauma to the baby’s shoulder and cause major nerve damage. (brachial plexus) The collar bone can also be broken.
• Broken bones. Newborn babies bones are very fragile and it doesn’t take a lot of pressure to damage them. Shoulder systocia is one instance where bones can be broken.  Babies that need to be delivered with forceps are often at risk of suffering fractures when too much pressure is applied. Often these are skull fractures but any bones can be damaged.

Additional Legal Source: For more information on personal injury visit WurtzelLaw.com

Soft Tissue Personal Injury

Soft tissue injuries are possibly one of the hardest personal injury situations to successfully make a claim for. Insurance companies are particularly loath to pay out for soft tissue injury damage. The main reason for this is that they are often difficult to diagnose. Many soft tissue injuries heal quickly and life returns to normal, some though can develop into chronic, painful conditions that are life altering.

The main causes of soft tissue injuries are car accidents, sporting events and slip and fall accidents. Backs, necks, ankles, knees and sometimes hips are the usual areas affected and sometimes carpal tunnel can develop through bracing the arms against a steering wheel before impact.

There are three main kinds of soft tissue injury.

1. Contusion. Contusions occur from blunt force on the body. Our common name for a contusion is a bruise. Banging your head after a fall, or bruising your knee when you slip and fall are examples of contusions. Most contusions are not serious and heal within a week. Sever contusions to the head though can cause brain damage and a large number of contusions as you might get in falling down a flight of stairs can cause more long term injury too.
2. Strain. Strains damage muscles and tendons and can result in tears that may require surgery. Strains are usually caused by hyperextension, overuse and overextending or stretching. Lunging out to grab a stair railing as you fall would be likely to cause a strain for example.
3. Sprain. Sprains occur from twisting or rolling pressure. Many sprain soft tissue injuries occur to knees in both car accidents and slip and fall accidents. Ankles and wrists are another area of the body that is often affected, especially in slip and fall injuries. Car accidents are of course the most common cause of whiplash which typically occurs in rear-end accidents when the head is forced suddenly forwards then back.

Additional Legal Web Tools: Personal Injury Lawyer Gary Jodat. Serving clients in Sarasota and Bradenton, Fl.

Slips and Trips in the Supermarket

Complaints about accidents in supermarkets, shops, and similar places are very common. The typical scenario is the customer who slips on the stray grape or spillage in an aisle. The belief that the shop is then automatically liable to compensate the customer for the resulting injury is also common, but as with so much in law, it?s not that straightforward.

Broadly speaking, the shop owner has a duty under the Occupiers Liability Act 1957 to take all ?reasonable? steps to see that the shop premises are ?reasonably safe? for everyone who is invited to use them. That duty applies to all those whom the owner invites or allows into the shop for the purposes permitted by him; eg. shopping or looking around, delivering goods, even popping in to ask the staff for directions.

The crucial word, as so often in legal claims, is ?reasonable?. In other words, the shop owner does not have to ensure the premises are pristine; he cannot and does not have to ensure there is never any hazard of any kind in the shop; he does not have to have an army of staff posted in every aisle ready to respond instantly to any spillage. He only has to do what is ?reasonable?.

In practice, this means that provided the shop has a reasonable system of regular inspection and cleaning and that the staff follow it and can prove they did, then the unlucky customer who nevertheless slips on the stray grape or leaking water is unlikely to have a valid claim.

However, never assume that just because the shop belongs to a big household-name chain, they will be bullet-proof. It is by no means unknown for large supermarkets to have detailed procedures written down in a manual sitting on an office shelf somewhere collecting dust, but be unable to prove at shop-floor level that the local staff actually followed them. See those checklists posted in the loos at Sainsbury?s, MacDonalds, etc? Are they always up to date? Do they always have someone?s signature on them every hour as they state?

A good solicitor will know this and will invite the shop to disclose its paperwork to demonstrate that their procedures have been dutifully followed. It is surprising just how often stores are unable to show that they have complied, which means the lawyer can then press home the evidential advantage, inviting the shop to concede liability and acknowledge the validity of the client?s personal injury claim.

Other causes of injury may be easier to succeed on. If you are injured by a broken shop fitting or part of the premises, as opposed to slipping on a spillage of some sort, it is usually more difficult for the owner to show that a proper system has been followed. By definition, such breakages are likely to have been there longer than a spillage, and so should have been noticed and fixed long before your accident.

If you are unlucky enough to be injured in any shop, supermarket or similar place, try to ensure that:-

you tell the manager about your accident there and then- insist he makes a written record of the accident and the injuries sustained. Make sure both he and you sign it and get a copy if you can;
you get names and addresses of anyone who saw your accident, whether they are other shoppers or members of staff; witnesses can be vital to successfully making a personal injury claim;
you identify what caused you to fall or slip or otherwise suffer injury; get a photo if you can;
you note whether there were any warning signs nearby;

If your injuries are such that you cannot do all this, get someone else to do it for you. As a last resort, get them to go back to the shop as soon as possible and do it.

Finally, speak to an experienced lawyer as soon as you can. Our specialist solicitors have many years of experience dealing with this type of personal injury claim and we can give you free initial advice about making a claim for compensation. And don?t forget, we deal with accident claims on a No Win – No Fee basis, guaranteeing that the client receives 100% of their compensation and offering a unique ?cash upfront? scheme whereby we will pay you up to £1,000 ?upfront? whilst the case is being settled.

Injury and Accident Claims Compensation Solicitors