March 2019

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What is considered a catastrophic injury?

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A catastrophic injury is one that is so severe that the victim suffers a permanent injury and/or symptoms for the rest of their life. It’s not uncommon for a brain or spinal injury to be catastrophic. The same is also true of serious burn injuries that leaves permanent scarring. Damage to the central nervous system or the brain will usually require an extended period of time to recover, expensive medical treatment, and the realization that full recovery may not be possible. In fact, the victim’s life may never be the same as it was before the accident that was avoidable but for someone else’s negligent actions.

What is a personal injury claim?

When someone acts in a way that is careless or negligent and their action results in harming an innocent person, the victim has the right to recover their damages from the negligent person. This should be a straightforward process, but too often it isn’t because the at-fault party or their insurance company refuses to pay the victim. As a general rule, the more costly the victim’s damages, the more likely they will get pushback for seeking compensation. With the help of a personal injury lawyer, you can file a well-documented and itemized claim that details how the other party was responsible for causing the accident and how you were damaged. As well, the damages will be associated with costs and the settlement amount you expect to receive as a result. A personal injury lawyer will be aggressive in pursuing compensation from the responsible party.

What are considered damages in a personal injury claim?

The nature and amount of damages varies from one claim to the next. Initially, you may not even be aware of your total damages. For instance, you may have suffered an injury that might need surgery or additional treatment in the near future but your physician is taking a wait and see approach for the time being. Filing a claim in that scenario is best done once you have a firm understanding of your total costs associated with the accident. A personal injury lawyer has experience handling cases in which the total damages are not readily apparent. Regardless the circumstances of your case, a law firm will make sure your best interests are protected.

Contact an Attorney

If you suffered a catastrophic injury in an accident caused by someone’s negligence, contact a catastrophic injury lawyer Trenton, NJ offers immediately.

 

Thank you to our friends and contributors at Davis & Brusca for their insight into personal injuries and what is considered a catastrophic injury.

 

Residents Asking for Safer Roads After Fatal Motorcycle Crash

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Motorcycle Accident Lawyer

Area residents in Siesta Key, Florida, are taking matters into their own hands when it comes to a dangerous road, reports WWSB 7 News (http://www.mysuncoast.com/2019/02/21/residents-pushing-safer-roads-following-deadly-motorcycle-accident-near-dangerous-curve/).

Dee Reams, who lives in a home close to the dangerous intersection of Higel Avenue and Siesta Drive, is at the forefront of this effort. She says the situation has only gotten worse over the five years she has lived there. Currently, Reams is Make Siesta Drive Safer’s chairperson, and the group is pushing to make a two-mile section of the drive safer, particularly at its curve.

Reams said that the group has gone through records from the county, city, and local police department. They discovered that there were more than 180 crashes on the two-mile section over the last five years alone. Out of those crashes, says Reams, at least four involved fatalities, and those took place by Siesta Drive’s sharp curve. One happened just days before Reams talked to the local news outlet. In that case, a motorcyclist lost control and was struck by another driver. He died from his injuries at the scene.

This particular road goes to and from the popular Siesta Beach. The Florida Department of Transportation, at the urging of the group, took some measures to make the road safer back in 2017. They lowered the speed limit at the curve to 25 miles per hour and installed flashing warning signs to inform drivers of the limit. The curve was re-striped to make it clearer to drivers where their vehicle should be on the road as they drive along the curve.

However, Reams says the speed limit is still 40 miles per hour leading into the curve.

Brian Rick, a Public Information Specialist with the Florida Department of Transportation, says the department has looked into the issue with the speed limit that has been raised by the group. According to Rick, they have determined that the speed limit as it is now is the appropriate limit for that particular road.

According to Reams, the speed limit was temporarily lowed from 40 miles per hour to 30 miles per hour after one of the deadly crashes, but then it was raised back up to 40 miles per hour. She and other residents are hoping it will be lowered back to 30 miles per hour permanently. The group also has other safety requests they have presented to the department, including the installation of crosswalks at Hamilton Avenue and Shell Road. Ream added that they would also like a physical addition to the road, like a speed bump to slow people down who are going into the curb and the installation of flashing lights.

The Florida Department of Transportation says they are listening to the concerns of residents about this dangerous road section. They are meeting with county officials in the near future to discuss options to improve its safety.

Cities nationwide have dangerous roads that they are obligated to make safer. If you were hurt in an accident on a known dangerous road, speak to a motorcycle accident lawyer Denver, CO offers about your case today.

Thanks to Richard J. Banta, P.C. for their insight into personal injuries and motorcycle accident claims.

Fatal Car Crashes and Wrongful Death Lawsuits

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Wrongful Death Lawyer

A victim is killed every 16 minutes in a motor vehicle crash. This means that more than 90 people die each day, 90 families lose a loved one in a fatal car accident.

Many of these tragic crashes have common factors that had they been addressed could have avoided the accidents. Instead, thousands of families are left trying to pick up the pieces – both emotionally and financially – and struggle with the death of their loved one.

Our wrongful death attorneys have worked on countless cases, helping families get the financial justice they deserve for the death of their family member. Some of the common factors we see in the wrongful death car crash cases we handle include the following:

One-Third of Fatal Car Accidents are Alcohol-Related

According to the NHTSA (National Highway Traffic Safety Administration), there are more than 10,000 victims killed in car accidents that involved a driver who had a blood alcohol content that was more than the legal limit of .08 percent.

Most of the Fatal Car Crashes that Happen Occur Close to the Driver’s Home

Multiple studies show that most fatal crashes occur with a five to 15-mile radius of the driver’s home.

Distracted Driving Responsible for More Than 3,000 Fatalities Each Year

More than 3,000 people who die in crashes each year are killed in accidents caused by a distracted driver. The most common distraction that causes fatal crashes is texting and driving. These numbers continue to increase each year, despite the well-known dangerous risks.

The Deadliest Type of Crash Is a Rollover

Rollovers are the deadliest crash types and are responsible for the deaths of more victims than any other type of crash. Although rollover crashes account for less than 5 percent of crashes each year, they are responsible for 30 percent of the total number of fatalities. The reason for the high number of fatalities is caused because victims are more likely to be ejected from the vehicle in a rollover crash compared to other types of accidents. There are also a higher number of victims who suffer injuries to the head, which often results in the victim’s death.

Men Responsible for More Fatal Crashes

Multiple studies have provided conclusive evidence that men are responsible for more fatal crashes than women are. In one study that was conducted over a two-year period, men were the at-fault drivers in 65 percent of the fatal crashes that occurred during the study period.

Contact a Wrongful Death Attorney

Tragically, many car accident victims do not survive the injuries they sustain in car crashes. If you have lost a family member in a car accident caused by another party, contact a wrongful death lawyer Trenton, NJ clients recommend discussing what legal options your family may have against the party who cause the crash that killed your loved one.

Thanks to Davis & Brusca, LLC for their insight into personal injury cases and car crashes that lead to a wrongful death.

Types of wrongful death

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Wrongful Death Attorney

The loss of a loved one is a sad and sometimes unexpected event in the lives of the surviving family members. When that loss is the result of another person’s actions, it can be downright traumatic. Wrongful death refers to the death of an individual that is a direct result of the negligent or intentional act of another person. When this happens, there are laws in place that are intended to help the family recover damages that were lost with the loved one. Damages such as medical bills, funeral and burial expenses, and lost wages. The following information explores some of the more common causes of wrongful death cases in the United States.  

Car accident

Perhaps the leading cause of wrongful death claims is due to car accidents. The annual car accident statistic is in the millions. Of those accidents, at least 30,000 to 40,000 people die as a result. While some of these accidents may be attributed to poorly maintained road conditions and/or weather-related issues the majority are due to human recklessness and negligence. Some examples of negligence are:

  •         Speeding
  •         Distracted driving
  •         Driving while under the influence
  •         Reckless driving   

Pedestrian accidents

Pedestrian accidents usually occur when a vehicle hits a pedestrian while on a sidewalk or crosswalk. Most often, the cause is distracted driving or driving under the influence. Some pedestrian accidents are caused by obstructed visibility such as in construction zones. In that case, the responsibility may fall on the town, city or county.

Bicycle accidents

Bicyclists and drivers must share a small portion of the road. Accidents most often happen when the individual in the car drives too close to the bicyclist clipping a part of his or her bike and causing the person to crash. Other common causes are when the driver makes a turn without looking and collides with the bicyclist or when a person in a parked car and opens the door without looking to see if the coast is clear. In those instances, the bicyclist may veer into traffic to avoid hitting the door.

Product malfunction

Unfortunately, there are many examples of wrongful death due to product malfunction, despite rigorous demands for the testing of products. Although these can sometimes be complicated cases to prove, the manufacturer should be held responsible.

  •         Defective automobiles
  •         Pharmaceutical products
  •         Car seats
  •         Defective children’s toys
  •         Tools and equipment

Medical malpractice

Unfortunately, oversights and mistakes happen even with the most routine medical procedures. When a patient dies either during or after a procedure, wrongful death is often considered. Some examples are:

  •         Diagnostic errors
  •         Pharmaceutical prescription errors
  •         Surgical errors
  •         Delayed treatment
  •         Hospital negligence

If you have lost a loved one, and feel you may have a case for wrongful death, seek the guidance of an experienced attorney. You have a legal right to pursue compensation. In doing so, you may hold the responsible party accountable for the tragic mistake that could have been avoided. Negligence claims are often complicated and challenging to prove. It is advised that you contact a wrongful death attorney Hillsville, VA trusts as soon as possible.

Thanks to The Law Offices of Mark T. Hurt for their insight into personal injury law and types of wrongful death claims.

Filing A Premise Liability Claim

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Personal Injury Attorney

When someone is put in a dangerous or harmful situation on the property of another individual, this person may be able to seek a premise liability claim against the property owner or caretaker. Owners of public property have a responsibility to ensure safety and protection on their property, as often as possible. Because of this, while someone is there, if they are not protected and safe, the property owner is responsible for that negligence.

Public property may be a school, grocery store, federal bank, and in some cases, while it is not public property, even a home. The injuries that can be sustained range from minor to severe. There have been instances of a slip in fall in the can goods aisle of a grocery store, to even being shot by another customer at a local gas station. This is why it is important to contact a skilled personal injury attorney in the event that you or someone you know has suffered an injury or any sort of harm on the premise of another person.

There are some factors that will determine whether or not you would have a premise liability case. These factors include:

  •   The person being pursued must, in fact, manage or own the property of which the injury occurred.
  •   There was a lack of care on the owner’s part that makes the property unsafe.
  •   The person pursuing a lawsuit was actually injured.
  •   Based on the negligence of the owner of said property, someone was harmed.

If these few factors can be proven in your case, you or the harmed party can seek damages for their injuries. These properties typically have insurance, and the payout will come from their insurance policies. When you speak with a skilled attorney, they will be able to take all the details of your case, gather witnesses, and possible footage such as videos or photographs, and use this information to negotiate on your behalf. In the event, the property owner or insurance company refuses to accept liability, with the right attorney you can take your case to a courtroom and possibly be paid more than what was discussed with the other party prior to.

These cases are not typically hard to prove, but what you receive in damages can depend heavily on your legal team. If you or someone you know wishes to pursue a premise liability claim, speak with a skilled personal injury attorney Dekalb County, GA offers before it is too late.

Contact Andrew R. Lynch, P.C. for their insight into personal injury cases and premise liability.

Rear-End Accident, Not At Fault

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Car Accident Attorney Dekalb County, GA

Unfortunately, drivers that rear-end other motor vehicles are almost always seen to be at fault. Although it is easy to assume that the driver that was tailing the other involved vehicle had to somehow be distracted, and not notice that the vehicle in front of it had come to a halt, this is not always what happens. There are some cases where the driver that crashed into the back of another vehicle did not cause the motor vehicle accident at all.

To be seen at fault, or liable for a motor vehicle accident, there are some basic factors to take into account:

  •   The driver had a duty to fulfill according to the rules of the rule
  •   That duty had not been fulfilled
  •   Because this duty was breached, a motor vehicle accident was caused.

Failure to obey the rules of road may almost always make you the at fault party in a car accident, but this has to be proven.

In any car accident scenario, law enforcement will supply citations to any party they feel participated in any negligent act causing the accident. Just because you are cited does not always mean you are at fault. In most rear-end cases a car stops and the tailing vehicle does not have time to stop before it is too late. There are instances where a car stops abruptly, but it is expected that the other driver leave a fair amount of space between the cars in front to avoid accidents.

There are some instances where the at-fault party is the one rear-ended. Such as:

  •   Improper backing
  •   No brake lights
  •   Stop and go
  •   Failure to use hazard lights

These are examples of what would make the rear-ended individual negligent and they can be held accountable. It is best to seek legal counsel in these cases because it is common to be wrongfully cited by a police officer. In these accidents, it is also possible that you incur several medical bills due to injuries sustained. If you are not at fault, you should also not be held responsible for the medical bills accrued. If you or someone you know has been wrongfully cited for a rear-end accident and has suffered injuries, speak with a skilled personal injury attorney that will be able to challenge your citation and help you get the compensation you deserve for your pain and suffering. While you may not get everything recovered, the right car accident attorney Dekalb County, GA trusts can help you get something.

Contact Andrew R. Lynch, P.C. for their insight into personal injury cases and rear-end accidents.