May 2019

You Are Here: Home / May 2019

Compensation After a Trucking Accident

Categories:

Truck Accident Lawyer

A trucking accident is almost always a traumatic event, and the aftermath of the accident can be just as traumatic. When dealing with loss of work and wages, injuries and other circumstances after a wreck, you may feel that fighting for the compensation you deserve could not get any more difficult. Government regulations and trucking companies can often make it harder to receive the compensation that you need after the accident, so proving your case is an important step in securing your damages. If you can prove that you had loss of work and wages or injuries related to the accident, you can be closer to receiving your part of what you are entitled to.

Loss of Work and Wages

After an accident, there are many factors that could lead to loss of work and wages. First, you are likely out of a means of transportation after the accident, and it is sometimes impossible to secure a new vehicle without your compensation money for the wreck. The trucking company or government may open an investigation which could take months to complete. This means that you are unable to drive yourself to work and may have to depend on someone else to take you to your job. Because this is not always possible, you will likely miss work which could cause strain with your employer. You may also have injuries that keep you from performing your job tasks and could jeopardize your position. The trucking company may try to take as long as possible to give you your rightful compensation, so make sure that you have a competent lawyer on your side to handle the legal matters.

Injuries

Not only can injuries lead to loss of work and wages, they can also lead to expensive medical costs and multiple doctor visits. You may not be able to pay your medical bills without your compensation from the accident, which can cause a major area of stress in your life. Injuries may keep you from doing your former work or from leading a normal day-to-day life. Your lawyer can help fight for you to receive the indemnification that is needed after a traumatic accident.

Being in a trucking accident is a scary thing and can change many aspects of your life. Do not let government regulations and trucking company red tape keep you from receiving your rightful damages; contact an experienced truck accident lawyer in Trenton, NJ today to have an expert helping you win your case.

 


 

Thanks to Davis & Brusca, LLC for their insight into personal injury claims and compensation after a truck accident.

Fatal Hit and Run Drivers Rarely Serve Jail Time

Categories:

Car Accident Attorney

One case making headlines has shed light on the many examples of hit-and-run drivers in fatal accidents who are not receiving jail sentences as a result of their actions (https://abcnews.go.com/US/hit-run-drivers-kill-people-jail-time-rarely/story?id=61845988).

In December 2016, 29-year-old Kevin Ozoria of New York City struck and killed Jean Paul Guerrero, a local DJ for a popular station in the area. He did not turn himself into the police until days later, and he was not placed under formal arrest until almost a year later.

According to ABC News, Ozoria was charged with leaving a fatal accident, which carried a sentence of up to seven years in prison, and he was also charged with tampering because he attempted to have his damaged car repaired at an auto shop. He’s now expected to only serve five years of probation after admitting his role in the fatal accident.

Unfortunately, a lack of jail time for hit-and-run drivers involved in fatal accidents is not uncommon. Many in the legal and advocacy communities are aggravated by the prevalence of plea deals in these types of cases. In fact, in Ozoria’s case, he was first offered a plea deal that included jail time, but he turned it down. Then, he was presented with another deal that removed the jail time and added court conditions, which included 100 hours of community service and five years of probation. He can, however, be sentenced with the maximum term if he fails to adhere to the plea terms.

In the State of New York, Senator Patrick Gallivan is working on closing the loophole that is allowing for what many feel are softer sentences in fatal hit-and-runs. He is currently the sponsor of a bill in the state’s legislature that would strengthen the punishment for hit-and-run offenses. It would also add a public alert system to help get the public more involved in stopping hit-and-run accidents.

Hit-and-run alert systems were first introduced in the country in 2014 in Colorado, with the Medina Alert. This works like the Amber Alert and was named after hit-and-run victim Jose Medina, whose killer was found and arrested after a witness who saw the incident followed the driver and alerted police. The City of Los Angeles started a similar alert system in 2015.

In 48 states, hit-and-run accident penalties for those cases involving death or serious injury vary widely, ranging from community service to jail time. In the State of California, a driver in a fatal hit-and-run accident can be facing up to four years in jail. However, the outcomes of cases there vary, with some drivers receiving jail time while others end up with probation. Lawmakers in that state have also recently proposed a bill to make the penalties for hit-and-run drivers involving deaths more severe.

Washington, D.C. and Alaska do not currently have a specific law for fatal hit-and-run drivers.

A hit-and-run driver can change multiple lives in an instant. If you or someone you care about has been injured by a hit-and-run driver, speak to a car accident lawyer Denver, CO trusts today.

 


 

Thanks to Richard J. Banta, P.C. for their insight into personal injuries and hit and run accidents.

Paternity Issues

Categories:

Personal Injury Lawyer

Just because a man’s name is listed on the baby’s birth certificate as the child’s father, legally this does not establish paternity. Interestingly enough, a woman can list anyone she wants or believes to be, the father. In addition, a DNA test is not the singular way to determine paternity. There are several other ways that can be used to establish paternity. Speak with an experienced family law attorney if you are seeking to establish paternity or have questions about your legal obligations to a child and what the specific laws are in your state. See below to find out ways to establish paternity and the significance of each method.

Paternity that is assumed voluntarily

There are many circumstances where paternity is assumed:

  • A baby is born to a married couple
  • The couple has a baby prior to being married, but then marry after the baby is born and sign a legitimation form
  • An unmarried couple have a baby but voluntarily sign an acknowledgement of paternity or other agreement written by a lawyer
  • An attempt is made by the father to marry the mother when the baby was conceived or born
  • After the child is born, the father and mother get married and the father agrees to having his name on the birth certificate or agrees to financially support the child
  • The father publicly proclaims the child as his and the child lives in his home
  • The child and the father have developed a close relationship and the court agrees to equal parental custody rights

Because it takes more than a name on a birth certificate or a blood test to determine paternity, an unmarried father should recognize his paternity using one of the above reasons. If he does not, he runs the risk of losing his parental rights to another man who desires to become the presumed father of the child.

Involuntary Paternity

If the mother chooses to file a lawsuit against the presumed father, the father is required to go to court and possibly submit to a DNA test. Paternity is established through genetic blood tests with a 99 percent accuracy. If he is proved to be the father, the court will issue an order concerning the paternity of the father and he will be forced to pay child support.

What is the legal significance of determining paternity?

Paternity significance for the father

If it is legally established that the man is the father, he will be obligated for his portion of support and responsibility. If he does not step up, the a successful paternity suit will force him to do so. If a father claims paternity he also gets custody and visitation rights with the child. If the child is born out of wedlock and the mother wishes to put the baby up for adoption, she will not be able to do so if the father, after asserting paternity, does not give consent.

Paternity significance for the mother

Paternity may determine some sort of secure financial support from the father. In addition, the mother may have to share custody or allow him visitation rights.

A family lawyer in Bronx, NT can answer your questions concerning establishing paternity and the responsibilities that come with that, or if you believe you do not have any obligations legally to the child.

 


 

Thanks to Okun, Oddo & Babat, P.C. for their insight into family law and paternity issues.

When Everyday Accidents Turn Into a Personal Injury Case

Categories:

Personal Injury Attorney

While no one expects to go about their day and get injured, it can happen. Accidents can come as a shock, since they often arise suddenly and without much time to react. What turns an accident into a potential personal injury lawsuit, is if another party had contributed to the incident either due to negligence or thoughtless actions. If the victims feels that someone else was at-fault, they may be confused, angry, and unsure how to respond. If you or someone you love is in such a predicament, it can help to get advice from a legal professional in your area about what to do next. 

Q: What are common questions people have about personal injury cases?

A: When talking with an attorney, victims of personal injury accidents can be understandably emotional and stressed. Some of the most common questions victims ask are related to whether they have a reason for a lawsuit, how much it may cost to take legal action, and how much they may be entitled to receive. It is important to understand one’s legal rights in such a situation, so hopefully the victim can get the financial support he or she requires to heal from the incident. 

Q: How should I respond immediately after a personal injury accident?

A: Call 9-1-1 for help if you may have suffered an injury due to the accident. Keep in mind that not all injuries present themselves right away. So, it may be best to call for help even if you feel reasonably okay. An officer can arrive to support the scene, along with writing up a police report of what happened. This police report can be an influential piece of evidence in your personal injury lawsuit, as it contains key facts about the event. Additionally, by calling 9-1-1 you can get a medical evaluation by an emergency team. If they feel it is best that you go to the hospital for treatment, then they can get you there quickly. 

Q: Should I photograph the scene and gather witness statements?

A: If you were rushed to the hospital for serious injuries, then it is highly unlikely you were able to grab a camera or cell phone and take pictures of the scene. If this is the case, then the officer may have captured photographs instead. But, if you are of stable health then it is ideal for you to take pictures of everything related to the accident and your visible injuries before leaving. If there are bystanders who came over to help, don’t be shy to ask for their name and contact for a statement later on.

Q: I heard it can help to have an “injury journal” after the accident. Is that true?

A: Yes, keep a journal that lists any instances in which you experienced symptoms aside from the obvious physical injury. For example, you can write about how many hours of sleep you lost, feelings of anxiety, a sense of fear, etc. When fighting for a compensation amount that is fair, one of the Auto Accident Lawyers Indianapolis, IN residents trust can also bring forward evidence about how you were mentally and emotionally impacted by the incident as well. 

 


 

Thanks to Ward & Ward Law Firm for their insight into personal injury claims and everyday accidents.

Compensation for Personal Injuries Suffered in a Physical Altercation

Categories:

Personal Injury Attorney

Americans, in general, love their sports. Many flock to bars, stadiums, and arenas to watch their favorite teams, but the combination of alcohol, tension, and competing team loyalties can lead to verbal and even physical altercations. People often lose sight of the fact that there exists no perceived slight or indignity relating to an event in the sports world that is grounds for assaulting another person. When flared tensions produce personal injuries or even emotional distress in some instances, there are consequences – in both the state’s criminal courts, and if a personal injury victim so choose, civil courts.

If you have been injured in a physical altercation in a bar or restaurant, whether as an intended victim or mere bystander, you possess the legal right to hold the at-fault party responsible for the harms that you have suffered. Attorneys have helped countless numbers of victims recover damages after they were assaulted. A personal injury attorney from a law firm can help obtain financial compensation for medical expenses, lost wages, and other losses a victim suffers while recovering from their injuries.  

Battery Is Both a Crime and a Tort

Physical violence has long been codified into criminal and civil law. In the common law (the antecedent to American law), the tort of battery is a “harmful or offensive” intentional contact. Examples include a shove, punch, kick, grab, and inappropriate sexual contact (e.g. fondling). Importantly, in the context of battery in a bar or restaurant, the legal doctrine of “transferred intent” allows for liability for harm intended by a tortfeasor to one person to be transferred when another person (rather than intended victim) is harmed.

To make this legally dense terminology less abstract, imagine the scenario when, as a verbal dispute escalates, a punch is thrown by one man at another. Now imagine that the punch misses the intended victim and instead lands, viciously, on the face of an innocent bystander standing slightly to the left of the intended victim. The attacker might attempt to argue that he did not mean to punch the bystander. Under tort law, however, the doctrine of transferred intent steps in, treating the issue of intent broadly and generally (simple volition) and thereby holding the attacker liable for even inaccurate violence.

Types of Compensation Available to Battery Victims

On the criminal side, when a bar fight causes serious injuries, the batterer may be charged with the crime of battery causing serious bodily injury. Criminal punishment, however, is not the only consequence. The personal injury victim may seek legal damages for medical bills, pain and suffering, lost income due to missed work, and other losses.

If you have suffered personal injuries from the physical violence of another, rely on an experienced personal injury lawyer in St. Paul, Minnesota to assert your legal rights. Call a lawyer today for a confidential consultation to find out how they can help.

 


 

Thanks to Johnston | Martineau, PLLP for their insight into personal injury claims and assault victims.

Duty Of Care

Categories:

Personal Injury Attorney in Dekalb County, GA

The topic of “duty of care” comes to be a concern in personal injury lawsuit cases. When the duty of care is abandoned, along with the presence of negligence, you are most likely to have a decent personal injury case on your hands. Every person has a duty to uphold as citizens, and when that duty is breached there are repercussions.

The most common breach of duty of care occurs in motor vehicle accidents. If someone fails to stop at a stop sign and happens to strike a vehicle coming from the opposite direction because of this, they failed to honor their duty of care. The right thing that should’ve been done is the person at the stop sign should have, of course, stopped. This would allow for oncoming traffic to pass safely and then them to pass safely following the rules of the road. It is so common that these breaches occur that state laws require drivers to obtain motor vehicle insurance. This is so once a breach occurs the parties involved in the accident are protected. These insurance policies cover property damage and sometimes somehow the bodily injury caused by the accident.

You are given a larger duty of care when you hold the lives of more than yourself in your hands. Bus drivers, airplane pilots, train drivers, doctors, or even lawyers, hold a high duty of care because their negligence can affect the lives of several people, not just themselves.

When the duty of care is abandoned this causes several entities to be sued by the injured parties.

Duty of care applies to not only individuals but also businesses. Business owners owe it to their visitors to have a safe space that is kept up to date with safety regulations at all times. If an individual goes to the grocery store and upon entering the establishment, they trip over a raised panel in the floor right by the threshold, that business has failed them and can be held responsible for any injuries and damages.

There are several ways an individual, entity, or business can breach their duty of care. And unfortunately, it happens far too often. If you or a loved one has sustained injuries or damages due to the negligence of someone else it is best to speak with a personal injury attorney in Dekalb County, GA that can thoroughly explain your rights and what options may be available to you and your family going forward.

Contact Andrew R. Lynch, P.C. for their insight into personal injury cases and duty of care.