Car Accident Attorney Dekalb County, GA
Hit and run accidents can be the worst. Not only is it frustrating to know that the person that is likely at fault for your vehicles damages possibly got away without any accountability, they likely left the scene and left you with injuries you may have to cover yourself due to lack of the other parties insurance information. This does not always mean you are out of luck, with the right help you may be able to be compensated for both your property damages and physical injuries.
In these cases, your own insurance policy limits will determine what you recover in damages depending on the extent of your injuries and damages. Remember, however, that Personal Injury Protection does not cover property damage and you are required to have collision coverage for any damage done to your vehicle.
Unfortunately, to recover the damages in a hit and run accident, you will likely have to find the person responsible for the accident, despite their leaving the scene. If you cannot do this, you will need to have already had uninsured motorist insurance, which many people do not know they need until it is already too late, or will refuse to save money. This coverage pays for the losses and damages caused by an uninsured or underinsured party, which is equivalent to a party that did not provide insurance information due to fleeing the scene.
Just because you involve the police, many hit and run drivers still manage to get away if you are not able to gather pertinent information, such as a tag number, or anything unique to the car or driver involved. Although there will be a rush of adrenaline going through you, try to gather as much details as you can: partial tag numbers, make, model, and color of the cars are all details that can help when pursuing the driver. Look for and speak with witnesses, and take as many photos of the scene and damage as you can.
There are several reasons drivers flee the scene of a hit and run, and it is likely that they cannot afford to pay for the damages caused, including your medical care. So it is best to speak with a skilled car accident attorney Dekalb County, GA relies on at Andrew R. Lynch, P.C. who has experience in these types of cases. By doing so, you widen your chances of being compensated for damages and injuries that you may not be able to recover on your own. A knowledgeable attorney will be able to use all resources available to you to make sure you get what it is that you deserve.
Wrongful Death Attorneys Dekalb County, GA
When you bring your new baby home, if not in your arms majority of his or her time in the home, your baby will be in its’ crib. You never expect the product that you rely on to carry a life, could also take that life. Drop-side cribs have played a part in several infant deaths. Despite their designs intent, they are dangerous to the infants.
Drop-side cribs are cribs that allow both sides of the crib to rise and fall so that parents are able to easily place or remove their child from the crib. But these products also pose a threat by suffocation or even strangulation. These cribs require very specific assembling instructions and the tiniest slip up, or miscalculation may cause the crib to function improperly. And you do not want this to happen. This means purchasing a used drop-side crib from a garage sale or other sources is a bad idea, as they may already be missing parts that are necessary to assemble a secure crib for your child.
Drop-side cribs have been recalled by several popular brands, and defects with these products are the leading cause for these recalls. In the event that a manufacturer is at fault for the defect of your product you may be able to file a claim for product liability claim. A manufacturer may be deemed at fault if there are no warning labels for hidden threats or if the product is not equipped to fulfill the duty it is intended to fulfill. Unfortunately, these types of cases occur more often than not, which of course has lead these items to be pulled from the stores, but also has put several families and companies through a lot of legal drama.
No parent should have to lay his or her child to rest due to faulty equipment they purchased to actually lay their child to rest. If you or someone you know has lost a child due to a defective drop-side crib it is important that you speak with skilled wrongful death attorneys Dekalb County, GA trusts at Andrew R. Lynch, P.C. who are experienced in personal injury as well as negotiating because cases of these magnitude, where a life has been lost, require an attorney that will fight for what you and your family deserves.
Personal Injury Attorney
When an elderly person is placed in a nursing home, their bed will likely have bed rails on the side to prevent them from falling out. Even though they are meant to keep people safe, there are dangers. In fact, bed rails are a significant cause of injury and death in a nursing home.
If your loved one was injured because of a bed rail in a nursing home, call a nursing home lawyer now.
Bed Rail Injury Statistics
- In the U.S., there are at least 5 million beds in nursing homes
- At least half of all bed rail accidents in nursing homes were fatal
- Nearly 4,000 elderly people every year require emergency room treatment because of a bed rail injury
Government agencies who monitor nursing homes have spoken out and said that it is likely that many bed rail injuries are not being reported; therefore, these statistics from the FDA may be higher.
How Bed Rails in Nursing Homes Can Cause an Injury
The most common way for an elderly resident to be injured by a bed rail is after they become lodged between the matress and the rail of the bed. Although the average, healthy adult might be able to get out of this situation, an elderly person who is old, frail, and even on medication, may not. When they fall into this gap, they may lack the strength to pull themselves out.
Over the passing time, the weight of their body may sing further in the space, eventually leading to compression of the chest cavity. Once this happens, breathing may become difficult. If no staff checks on them in this period of time, cardiac arrest or asphyxiation might occur.
As a nursing home lawyer, some of our cases have also involved an elderly patient who was disorientated or chemically restrained and tried to climb or roll over the rails, leading to a fall. Broken bones, fractures, and head injuries are likely.
The Advantages of Bed Rails in Nursing Homes
Bed rails are placed on the sides of beds in a nursing home. These facilities use them because:
- They can prevent the resident from falling out of bed
- They act as a support for the resident
The Disadvantages of Bed Rails in Nursing Homes
The primary reason bed rails can be dangerous is that they are not regulated; therefore, not all resident’s will benefit from them. For over 30 years, there has been monitoring of the injuries and deaths linked to bed rails in nursing homes. Furthermore, a large number of claims and lawsuits have been filed and won with the help of a bed rail nursing home lawyer. However, manufacturing guidelines and safety warnings have not been enforced.
Another risk is that bed rails are not always used with the right bed or mattress. This might be done to reduce costs on part of the nursing home, or after a bed has been disassembled and reassembled repeatedly; thereby, mixing up the different parts.
What You Should Do Following a Bed Rail Injury
If your elderly loved one is in a nursing home, you should check the bed rails and bed to ensure they are safe. On the contrary, if an injury has occurred, and you believe negligence was a factor, you should consult a nursing home negligence lawyer Trenton, NJ trusts as soon as possible.
Thank you to our friends and contributors at Davis & Brusca, LLC for their insight into nursing home law and injuries.
Personal Injury Lawyer Dekalb County, GA
No one wants to be on the wrong side of a legal battle. As a business owner this is the last thing that you would want to worry about. In these positions, it is best to increase your profits and decrease your expenses so negligence on a property or in a business facility is never desired. Property owners are aware of the safety and security they must provide visitors, this means they are required to keep a hazard free property in order to avoid being on the wrong side of a lawsuit. If you own properties such as apartment homes, grocery stores, or schools you owe frequent occupants or visitors a safe environment. If this is not provided to them, they can seek compensation for any harm on your property.
When there is a criminal act committed on a property, there is also a possibility of a negligent claim. Criminal acts such as robbery, assault, and battery are some of which you may be held accountable for. There must be proof of negligence on behalf of the property or business owner to file a claim. Just because the act was done on someone’s property, it does not make him or her responsible for any claims filed. In this situation, negligence would mean not delivering security or having a careless security system in place did not provide sensible safety to those on the property.
Rational actions to prevent crime or danger on your property would be installing a fully equipped security system near entrances, exits and windows of the premises, or training any employees on how to respond in a crisis. In order to win cases such as these, you must prove that you, as a business or property owner, did everything in your power to provide a safe environment and prevent crimes. But also keep in mind that you are not law enforcement or superhuman. Being able to keep your occupants aware of crime in the area would also help, and informing them may also protect you to some degree if a negligent security claim arises.
Even if all of the basics are covered, there may still be ways to have a negligent security claim filed against you. When fighting legal battles, it is best to speak with a knowledgeable personal injury lawyer Dekalb County, GA relies on at Andrew R. Lynch, P.C. that will inform you of your rights and be able to fight for you in or outside of the courtroom. In the event that you are faced with a negligent security claim, be sure to seek skillful counsel.
Personal Injury Attorney Atlanta, GA
For a victim, being assaulted or battered can be life altering. In many cases, this form of abuse can go far past what the eye can see. Victims are also susceptible to mental and emotional suffering. While these are still considered personal injury cases, they are very unique. For assault and battery personal injury cases, recovery is not only difficult to gain but the discomfort can ponder heavily on a person for quite some time. If you or a loved one has been a victim of an assault or battery injury and it has led to intense physical pain and suffering, you may be entitled to a personal injury claim.
In assault and battery cases, it is easy to prove liability because unlike other personal injury cases, the negligence is evident. Based on the physical proof of any injuries that are unlikely self-inflicted, it is simple to find who is at fault. Assault and battery injuries are typically intentional.
There is no need for physical contact when referring to assault, as it is only meant to intimidate the other party. Assault refers to emotional suffering. For example, if you are scared out of your wits due to someone stepping out of a dark alley making idle threats towards you about potentially robbing you or raping you, but never makes contact with you. This is an assault and the amount in damages you may be able to attain is based on the extent of your suffering and what can be proved.
Battery is unconsented physical harm from one person to another, if this requires medical attention there is a possibility you will be compensated for medical expenses as well. Let’s say the same person that stepped out of the aforementioned alley decides to strike you and you have to be seen at a medical facility, these damages may be returned to you. It may be difficult to seek compensation from a person, if these are instances that happened to occur on a premises that should have ensured your safety, or in a business establishment, those parties may also be sought after as it relates to your assault and battery case. If you or someone you know is a victim of assault and battery injuries or suffering it is best that you speak with a personal injury attorney Atlanta, GA residents rely on at Andrew R. Lynch, P.C. Speaking with counsel will allow you to ask questions and to have a better understanding of what you may or may not be owed. It is not certain what you may be awarded for and this is why you cannot do it alone.
Car Accident Attorney
Car accidents happen all too often in the United States. The resulting damages and injuries can be enough to put someone in severe financial challenges. In the best of circumstances, both drivers walk away without any serious injuries. Unfortunately, this is commonly not the case. Unless the collision was a very minor fender bender, emergency medical attention may be needed. Those who get involved in car accidents may be in shock and have plenty of questions about what to do next.
In the article here, we have answered a few questions about how to deal with a difficult driver at the scene of the accident, and how you can take legal action against the driver responsible for the wreck.
What if the car driver is being hostile towards me?
In some situations, the car driver that hit you could become very angry and even threatening towards you. It is possible the driver is drunk or under the influence of another kind of drug. It may be best to get into your car, lock the doors and call 911 for help right away. Inform the operator that the other driver has become hostile towards you, and remain on the phone until officers arrive at the scene.
What if I do not feel any injuries immediately after the crash?
It is not uncommon for someone involved in a car accident, to not feel their injuries until a much later time. Despite feeling stable enough after the incident, it is suggested that you see your doctor as soon as possible. Even if you do not feel aches and pains now, your doctor may be able to uncover latent injuries.
If it looks like the driver wants to flee, what should I do?
The driver who hit you may try to escape the scene by either driving away or fleeing on foot. The driver may not have insurance, identification, or they are trying to elude financial responsibility for what happened. If you notice the other driver is being fidgety, scanning around for other people or otherwise acting oddly, call police right away. Try to note down the vehicle make, model, color and license plate number before the driver can get away. Do not make an attempt to chase the driver, as this could be putting you in serious danger.
What can I do to take legal action against the driver who hit me?
Drivers who suffered injuries and financial losses as a result of a car accident, can seek legal action through filing a civil lawsuit against the driver at-fault. Keep records of your medical bills, vehicle repair costs, loss of pay from missing work, and other related expenses. You may want to request a copy of the police report, print photographs you took at the scene, and make a list of witness contacts too. The more proof you have regarding the accident, the better. After meeting with a car accident lawyer for advice, you can decide whether filing a lawsuit is in your best interest.
The amount of money you can expect as a whistleblower award if you’re a successful claimant will vary greatly depending on a variety of factors, so it is always wise to consult with an experienced whistleblower lawyer before you decide whether to commence a whistleblower lawsuit. In recent years billions of dollars have been recovered through mechanisms in various statutes like the False Claims Act (FCA), provisions of the SEC & CFTC whistleblower laws, IRS whistleblower laws and various other state remedies.
As a rule of thumb most of the statutes provide for from 15-30% as a whistleblower settlement award. Most cases need to be presented to the government first and they have a right under the statutes to intervene. If they do and the case is resolved exclusively though them expect an award on the lower end of the spectrum. If they decline and your resolve the matter through your whistleblower law firm, then expect towards the higher end of the spectrum. It’s not all bad news though if the government handles the case. In fact, generally the government will have a higher success rate than proceeding without them and the average settlement amount will spike, so the amount in terms of compensation for the relator may go up, even if the percentage is down.
There’s many other factors that may determine where you land on the whistleblower award scale. How long did you know about the fraud before reporting it? For example, if you were aware of Medicare Fraud in which overbilling, upcoding and kickbacks were happening for over thirty years and you’re just reporting it right after you retire that will be a negative factor, but still its better late than never! Did you profit from the fraud? Let’s say you work for a major pharmaceutical company and you’re aware of kickbacks, self dealing (Stark Law), overpromotion or efficacy issues with the drug, then as a participant or beneficiary in the scheme, you might have some exposure and you will need to do a thorough whistleblower consultation to go over the risks versus the rewards for proceeding. When you think about it though its better to be the first through the door even if you’ve participated in the fraud somewhat, since if someone else blows the whistle first you will be viewed in a less favorable light and lose the chance for any recovery under the first filed rule.
In recent years, hundreds of millions of dollars have gone to whistleblowers who have had the courage to blow the whistle on major schemes and fraud, and major frauds that may be lesser in value, but still matters that are worthy of bringing to the government’s attention. Also, the amount of incestuous fraud in Wall Street and the other financial platforms is extremely hard to dig into without the assistance of a whistleblower since everyone is often getting rich of the schemes and disincentivized to disclose the truth. In reality though, with SEC whistleblowers you may have tremendous leverage over the company with that information and there is a mechanism that with an SEC whistleblower lawyer you can potentially remain anonymous from start to finish and recover millions, if not tens of millions of dollars depending on the extent of the fraud.
The road is never as easy as it looks. Before you decide to file a whistleblower lawsuit, you should consult with a whistleblower lawyer about the chances of success, your range of recovery and what impact it could have on you. Most firms handle the matter on a contingency basis, which means the whistleblower law firm is only paid if it wins your case and can provide a free confidential qui tam consultation.
Thank you to our friends and contributors at Brown, LLC for their insight into whistleblowers and the law.
Decatur Truck Accident Lawyer
Commercial trucks can be commonly seen cruising on highways all across America. While these vehicles are quite essential to the economy, they can inflict significant damage if an accident were to occur. These hefty trucks can weigh upwards of 80,000 pounds when fully stocked. In comparison, the average four door car may weigh a measly 3,000 pounds. If these two very different sized vehicles were to plow into each other, the results could be tragic for both drivers. However, in most cases it is the passenger car driver who suffers the worst injuries, due to being encased in a substantially smaller vehicle.
What can I do to prevent from getting hit by a commercial truck?
Being proactive and aware at all times while sharing the road with these large trucks can help lessen the chances of being part of such a tragedy. While a driver cannot eliminate the likelihood of being struck by a commercial truck completely, there are ways to help stay out of harm’s way:
- Avoid driving within the truck blind spots (sometimes referred to as “no zones” which are at the back left and right sides of the truck)
- Keep your distance (trucks need more room than the average car and need more time to stop)
- Obey rules of the road (maintain a safe speed and never cut off a truck that is moving slowly)
- Do not pass trucks that are making wide turns (you may get squashed if you try to make the turn faster than the truck)
What are signs that I should go to the emergency room?
It is not necessary but highly encouraged that anyone hit by a commercial trucks gets medical attention. While you may not feel the extent of your injuries right away, they could slowly start to surface within the days to follow. If you went home without getting examined by a doctor, here are a few signs that may mean you should go to the emergency room right away:
- Nausea and vomiting excessively
- Severe abdominal pain
- Shortness of breath
- Chest pains
- Cuts that have not stopped bleeding
- Unrelenting headache
- Dizziness, confusion
- Slurred speech
- Blood in stool and/or vomit
Can a passenger car driver be compensated for the accident?
If a car driver was to get hit by a commercial truck, they may be able to recover expenses for losses due to the collision. Things like medical bills, vehicle repairs, loss of wage and future treatments may be covered by the truck driver or trucking company. As you can imagine, these types of accidents can be particularly complicated. A car driver may not know whether to sue the driver, the trucking company or both. The parties involved in the lawsuit may depend on exactly how the crash happened.
How can I be more prepared for my consultation?
When meeting with a Decatur truck accident lawyer, bring along any expenses related to your accident injuries in which you had to pay out of your own pocket. Take with you any evidence of the crash as well, including the police report, photographs of the scene and even witness contacts.
Thank you to our friends and contributors at Andrew R. Lynch, P.C. for their insight personal injury and truck accidents.
Wrongful Death Lawyer
Wrongful death claims: what are they, when can you sue, who is liable and what damages can be recovered?
What constitutes a wrongful death?
Wrongful death has a two-part explanation. It exists because someone has died due to the legal fault of another person or group of individuals. And often criminal action has either failed or was not attempted to bring justice in the victim’s death.
Wrongful death claims may be brought under many circumstances:
- Car accidents
- Medical malpractice
- Product liability
- Criminal behavior
- Death during a supervised activity
Who gets sued in wrongful death cases?
Wrongful death claims can be straightforward or involve several layers of individuals that may appear on the surface to be several degrees removed from the death.
For example, in a fatal car accident, the victim’s family may pursue a wrongful death case against the driver. That driver is accused of directly causing the death. Now what if that driver was also accused of driving drunk at the time of the crash? Then the bar where the driver was served could also be implicated in the lawsuit.
The same thing goes for faulty auto parts. If an airbag fails to deploy when a vehicle is hit and the driver dies, it’s possible the airbag manufacturer could be named in the wrongful death lawsuit.
Who files wrongful death lawsuits?
A representative working on behalf of the survivors of the victim will bring a wrongful death lawsuit.
Often the representative may be the executor of the victim’s estates. The group of survivors is often made up of:
- Immediate family members (spouses and children)
- Distant family members (siblings, grandparents, etc)
- Life partners
- All persons who suffer financially from the death of the victim (some states allow this)
What kinds of damages can be recovered?
Various considerations are made to determine what damages survivors may be entitled to. These could include funeral costs, medical costs, loss of income and lost pension.
The earning potential of the victim will be weighed against things like their age, education, chronic medical conditions and personal history.
Should I accept the settlement offered from the insurance company?
It’s never a good idea in any case to accept the first settlement offered. You should always consult with a trusted attorney before doing so.
Insurance settlements may not consider the full effect the victim’s death has had on the lives of their loved ones.
A wrongful death lawyer St. Paul, MN trusts knows how to pursue and secure maximum damages from the people or organizations responsible for your loved one’s death. They understand that when you’re mourning the loss of a loved one you don’t need to be worrying about seeking justice in their wrongful death and can help you bring those responsible to justice.
Thank you to our friends and contributors at Johnston | Martineau, PLLP for their insight into personal injury and wrongful death cases.
Bicycle Accident Lawyer
The discovery portion of your accident claim process is a period of time fixed by the court when your bicycle accident lawyer may pose written questions to the defendant and request documents to uncover facts and discover evidence that will help your attorney make a successful claim on your behalf. Both sides, i.e. plaintiff and defendant participate in the discovery process.
Written questions are called Interrogatories. When you sign your name to your Answers to Defendants Interrogatories, you are taking an oath that your answers are true and correct to the best of your knowledge. Although subject to the procedural laws of the jurisdiction, most states limit the number of questions that either side may ask. Your bicycle accident lawyer will take a strategic approach in selecting the questions asked of the defendant. From this line of questioning, your lawyer may uncover a medical condition or prescription drugs the defendant may have taken prior to the collision that may have been a contributing factor. When asked where the defendant had been prior to the accident, your attorney may learn that the defendant had just consumed several mixed drinks at a sports bar prior to the accident. Defense will ask if you have ever been a party to a claim for injuries prior to the accident. They will also ask questions regarding your medical history and inquire about previous injuries. Both Plaintiff and Defendant’s Answers to Interrogatories are evidence in your claim for injuries.
The other side of the discovery process involves a Request for Production of Documents. Both plaintiff and defendant make this request for tangible documentation that can be used for information gathering and evidence. For example, if the plaintiff is making a claim for loss of wages, the defendant will request that plaintiff supply tax returns for any reasonable number of prior successive years. The defendant insurance company will also ask for a copy of all medical records, doctor reports and billings related to the accident. And if there was a similar injury prior to your accident, they will likely request medical records about that injury as well.
Objections may be raised by your bicycle accident lawyer or defendant’s attorney for questions contained within the interrogatories; the same holds true for documents requested during the production portion of discovery. And as your bicycle accident lawyer receives updated information or additional documentation, he or she will continue to comply with the rules of discovery. If you have any questions about the discovery process, talk with your bike accident lawyer Indianapolis, IN residents rely on.
Thank you to our friends and contributors at Ward & Ward Law Firm for their insight into bike accidents and injuries.