Truck Accident Lawyer

Regardless of the side of the case you’re on, expert witnesses are an essential part of your truck accident case. Truck accidents are unique in a variety of ways, and you want someone on your side who can give facts as an expert, rather than just a lay witness, though lay witnesses will also be important to your case. The following are some reasons you should have some expert witnesses testify.

Determining Fault

A lay witness who saw the accident occur could state that the truck ran a red light, but an expert witness could give details about what was going on inside the truck itself that caused it to be unable to stop at the red light. For example, trucks have loads of data recorders in their systems. Inside the truck, there’s data stored about braking, steering, vectoring and acceleration. A regular person can’t just read this data, but someone trained to interpret it can read it and can tell the court what took place. Using the raw data, he or she can see why the accident happened the way it did.

Another way expert witnesses can help to determine fault is by giving an accurate depiction of what trucking laws are. Anyone could read a copy of trucking laws and regulations, but if a professional truck driver or other individual in the trucking industry can spell it out for the court, it may be easier for the jurors or judge to understand.

Determining Causation

To determine causation, a medical professional can look at whether the accident actually caused injuries. It’s one thing for someone to say their health concerns were a result of the truck accident, but it’s another thing for the person’s primary care provider to offer evidence that the individual was in great health before the accident and is suffering now that it has occurred.

Determining Damages

After an expert has shown that injuries actually took place, other medical experts can give evidence of the severity of the individual’s new health concerns. These expert witnesses might include psychologists, neurosurgeons or other specialists who have worked on treating the victim.

In addition to medical damages, a victim may seek lost wages or other similar damages. Expert witnesses such as a vocational expert could give examples of the things the injured person could do prior to the accident as compared to after the accident. This could show a diminished ability to make a living.

Contact Your Lawyer Today

There are a lot of ways you can prove your case after being in a truck accident. Contact a truck accident lawyer today to learn more about how expert witnesses can help your situation.

Thanks to Davis & Brusca for their insight into personal injury claims and expert witnesses in a truck accident case.

Personal Injury Lawyer

If someone else is responsible for a car accident you were in, that individual may owe you compensation for a variety of damages. Your lawyer can help you determine which damages to seek, and that may include pain and suffering, medical bills, lost wages, and a host of others. Once you make up your mind to file a lawsuit, how long do you have to do so? What happens if you miss the deadline? Are there any exceptions? The following should help you understand some of the answers to your most important questions.

Length of Time to File

Every state has a deadline called the statute of limitations. This is a length of time for which an individual has to file a lawsuit, starting from the time the accident occurred. Each state’s statute is different, though most range somewhere from two to four years. It’s possible, however, that your state only allows one year, or that your particular situation allows for an extension. This is why it’s important you speak with a lawyer who can assist you in getting the lawsuit filed within the right time frame.

Missing the Deadline

If you are unable to file your lawsuit within the time the statute of limitations gives, you typically forfeit your right to compensation. Many courts will deny your case if you try to file anyway. There are some exceptions, so it’s important to understand those as well.

Exceptions to the Statute of Limitations

Sometimes a judge will extend the time limit someone has to file a lawsuit, and it largely depends on the situation surrounding the car accident. For example:

For a Minor – If the person injured in the car accident was a minor at the time of injury, he or she would typically be allowed the same time for the statute in his or her state, but it would begin at the time he or she turned 18 years old.
For Someone in a Coma – If someone is unconscious following the car accident, he or she would not have the knowledge there were injuries sustained. The statute of limitations would generally begin when the individual woke up from a coma and could comprehend what happened.
For a Later Discovery – After some accidents, some victims don’t know they have injuries. They may have gone to see a doctor, and that medical professional could have determined there were none. Years later, when the victim starts experiencing health problems, the healthcare provider may determine the health issues were the result of the accident. The statute would begin at the time those health issues were discovered.

Contacting an Attorney

After your car accident, you should have the assistance of an attorney. Contact your personal injury attorney today to learn what you can do to further your case along in the right amount of time.

Personal Injury Lawyer

We have all encountered angry, aggressive drivers, honking their horn and tailgating others in the midst of traffic. In some situations, that may even be us. Aggressive driving is a common problem on roads across the U.S., and it is also a leading contributing factor in car accidents and injuries. To protect yourself, it is important to be aware of the potential dangers, as well as steps you can take to keep cool yourself when behind the wheel.

Car Accidents Due to Aggressive Driving

The Insurance Information Institute (III) states that while situations involving road rage, such as when one driver pulls a gun or crashes into another, make headlines, aggressive driving is far more common and dangerous. It is a leading contributing factor in more than half of all fatal car accidents throughout the country, responsible for close to 20,000 motor vehicle deaths each year. Common types of aggressive driving behaviors include:

Speeding and going too fast for conditions
Tailgating and following too closely
Failure to yield at turns or when entering or exiting freeways
Improper passing and lane changes
Failure to stop at traffic lights and signals
Operating a vehicle in any reckless or negligent manner

Any of the above may be combined with angry gestures, such as making hand motions, blocking other drivers from passing, following drivers home, or even just yelling and honking their horn. The sense of anonymity drivers get being behind the wheel combined with external pressures at home or work can make this type of behavior more likely to occur.

Dealing with Aggressive Drivers

According to traffic studies from the American Automobile Association (AAA), nearly 80 percent of US drivers admitted to getting angry and taking some sort of aggressive action against another driver at some point over the past year. If you encounter an aggressive driver on the road, the AAA offers these tips:

Avoid eye contact
Do not match aggression with aggression
Allow them to pass, and give them plenty of space in traffic
If they are swerving or engaging in dangerous driving behavior, pull over to a shopping center or take the next available exit
If you feel you are in imminent danger, drive to a public place, such as a police or fire station

If you are the one who is prone to anger, take a few deep breaths the next time you are sitting in traffic. Give yourself added time to get where you need to go, practice restraint in using your horn or making gestures, and remember that your actions could cause serious injuries for yourself as well as others.

Reach Out to Us for Professional Help

When car accidents result in injuries for you or someone you love, contact an attorney who has extensive legal experience defending the rights of their clients and can provide the professional legal representation you need to get compensation. Contact a personal injury attorney to request a consultation today.

Thanks to Davis & Brusca, LLC for their insight into personal injury law.

Wrongful Death Lawyer

It may feel overwhelming to search for an attorney following the wrongful death of a loved one. In your time of grief, however, it’s an incredible burden to take on the affairs of your loved one’s death. Many people are so stricken by grief that the process of researching federal and state laws, setting up accounts, and keeping up with filing dates is just too much.

In the case of wrongful death, things become even more complicated. Not only will you be dealing with the decedent’s estate, but you may be eligible to file a lawsuit against the responsible party. It’s best in these situations to seek out a qualified wrongful death attorney who can take on the burden for you, so that you may properly grieve.

With that being said, you want to make sure that you hire the right attorney. Here are some questions that you may want to ask yourself and the potential attorney before you put down a retainer.

How Much Relevant Experience Do They Have?

If your loved one has died in a construction accident, for example, you won’t want to hire an attorney that is experienced in car accidents. It’s important to ask the attorney how much experience they have in the area that is relevant to your case. In this case, finding someone well-versed in construction law would be preferable.

Who Will Be Working on Your Case?

Sometimes lawyers will take on a case and hand it over to their associates. There’s no problem with this as long as you are okay with it, but you want to make sure that you are charged at a lower rate for their work. A lawyer’s associate may not have as much experience as a lawyer. First-year associates, for example, are entry-level attorneys that have recently graduated law school. They may only be in their first year of practice.

Are There Any Current Disciplinary Actions?

If you are considering hiring a specific attorney, you’ll want to know if they have any current disciplinary actions against them. To find out, determine if the attorney is licensed in one or multiple states. You can go to the website or the bar association for that state to check. Currently, the American Bar Association has an online list of each State’s lawyer disciplinary agency.

If you are suing for negligence you will want to hire the best attorney available to you. If someone you love has recently died as a result of someone else’s actions, contact a wrongful death attorney to discuss what compensation may be available to you.

Car Accident Lawyer

I’m sure you have seen lawyer advertisements offering a “free consultation”. It is quite common for lawyers to do this, especially for personal injury or wrongful death cases. A free consultation should be exactly what it says – an opportunity for you to meet with the lawyer free of charge, explain the facts of your case, answer the lawyer’s questions, and ask whatever questions you might have. After the meeting, the lawyer and client can decide whether there is a case worth pursuing.

I have always believed these meetings are of critical importance to both the client and the attorney. It gives the lawyer an opportunity to meet the client, evaluate the facts, and determine whether the lawyer wants to take the case. There are many factors that weigh into this decision, such as the extent of the injuries, the circumstances surrounding the negligence, the credibility of the client, and whether he or she will make a good witness if the case proceeds to trial. When a lawyer takes a case, he should be sure he is willing to take the case all the way to trial, if necessary. These decisions can usually be made at the initial consultation.

Perhaps more importantly, this consultation is an opportunity for you to interview the lawyer and decide if he or she is someone you want handling your case. Of course, you want someone who is experienced and will aggressively pursue your claim. There is no substitute for someone who has been there and knows what he is doing. However, it is also important that you trust your lawyer. Keep in mind that you will be working closely together as the claim proceeds. Do you feel comfortable being completely open with this lawyer and do you trust he will maintain client confidentiality? Will the lawyer be available to speak with you and answer your questions as the case moves forward? Unfortunately, some lawyers rarely speak to their clients after the initial consultation. You need to be sure your lawyer treats you with respect and candor, and maintains an open line of communication with you throughout your entire case. The dynamics of a case often change as new facts are discovered and depositions are taken. You will need to be advised of new developments as they occur.

Make sure you take full advantage of the free consultation. Be sure to truthfully answer the lawyer’s questions, but also make sure to ask your own questions. Ask the lawyer to describe his experience. Has he had any cases similar to yours? Find out if the lawyer believes in open and continuing communication. How often will the lawyer update you on the status of your case? Will he be available to take your calls if you have questions or will he just pass you off to his staff every time you call? By the time the consultation ends, you should have a good feel for whether the attorney is someone you want handling your case. Trust your instincts. If you don’t feel comfortable, go meet with another lawyer until you find the right fit for you. Remember, the consultation is free, whether you end up hiring the lawyer or not.

Call Jeff Murphy Law, an auto accident lawyer, today for a free consultation regarding your injury claim.

Thank you to Jeff Murphy Law, for their input into legal settlements in Florida.

Wrongful Death Lawyer

When someone goes to the hospital and experiences circumstances that are more negative than positive, they may be wondering who they should report this to. Perhaps you had a nurse who did not listen to you or did not get the outcome you were looking for after treatment. The next step up from this could be medical malpractice. Instead of simply not getting the outcome you hoped for, your doctor may have acted in a way that was negligent or careless, causing more harm than ever should have come to you. In some cases, this could even mean death. If your loved one was staying at a hospital or visited a hospital for treatment and was the victim of either medical malpractice or wrongful death, do the two always go hand-in-hand? A good wrongful death lawyer, can answer this for you.

What are the differences?

Medical malpractice does not automatically lead to death. In fact, many times, someone who is the victim of medical malpractice lives with temporary or permanent injuries or illnesses brought on by the negligence of a medical professional. In some cases, though, this negligence can lead to death. Thus, when a medical professional is careless or reckless and the patient under them is harmed, they have suffered from medical malpractice. Wrongful death happens when a patient dies as a direct result of the aforementioned negligence.

Medical Malpractice

Medical malpractice can occur in a number of ways and may happen because a doctor, nurse, hospital staff member, or pharmacist was not doing their job correctly. This could include:

Errors in surgery
Providing incorrect prescriptions
Birth injuries
Misdiagnosing patients

There are many more mistakes that could be listed. When any of these errors occur and they could have been prevented had a more capable person been doing them, it can constitute medical malpractice.

Wrongful Death

On the other hand, wrongful death can encompass medical malpractice. When any of the above mistakes (or mistake not mentioned) occur and the injuries the patient suffers from directly lead to the patient’s death, then a wrongful death has occurred. Wrongful death, unlike medical malpractice, is not just restricted to the medical field, though, and can encompass a person dying at the hands of another who was acting negligently in many different circumstances, such as car accidents or a slip and fall injury.

What if medical malpractice leads to wrongful death?

If you have a loved one who was injured at a hospital and they later died from those injuries, you may be considering filing a wrongful death lawsuit. It is important to know that there are typically specific people who can file these kinds of lawsuits, including a spouse, parent, or child.

If you need help filing a wrongful death lawsuit and would like to work with a compassionate and caring attorney, give one a call now to see if he or she is the right fit for your case.

Personal Injury Lawyer

When you are young, one of the first things an adult teaches you is that you are supposed to look both ways when you cross the street, you should always cross on a sidewalk, and you should wait for a “walk” signal if you are crossing into an area of major traffic. While all of these rules still apply, it is possible to follow them and still become injured when you are obeying the law. Cars share the road with many different types of vehicles and while they should be looking to keep an eye out for pedestrians, they do not always do so. When this happens, serious accidents can occur. Pedestrian accident attorneys want you to know that if you have been in an accident with a car and are recovering from injuries, they are here to help you with your personal injury lawsuit.

Taking Documentation at the Scene

After an accident with a car, if you are not knocked unconscious, you may be wondering what you are supposed to do. The first thing you should always do is get to safety as quickly as possible. If you were thrown into the street and are able to walk, move to the side of the road or the sidewalk as soon as you can. After calling the police and waiting for them to arrive, see if you are able to take pictures of the scene. If you have your phone on you, take pictures of the street, the intersection, the car, your injuries, and anything else that could be relevant to the accident. You should also take down the names and contact information of witnesses who saw the accident occur.

See a Doctor

This means that if you believe you have serious injuries you should seek medical attention before doing anything else. Call 9-1-1 or have the police call for an ambulance to come to get you if you believe your life is in danger. If you are not sure of how serious your injuries are, you should still seek medical attention from a nearby doctor as quickly as possible. Remember, just because you don’t feel bad right now does not mean you do not have serious injuries. Your body’s ability to mask pain when it is in shock could lead you to believe you have no injuries at the scene. This is why it is important to never answer the other party or their insurance by telling them you think you are fine or uninjured after the accident occurred.

Get Legal Help

Lawyers want to help you get the compensation you deserve when you are dealing with medical bills, therapy bills, and pain and suffering that may come from being the victim of a pedestrian-car accident. To see how a pedestrian accident lawyer can help you, give a law office a call.

Thanks to Davis & Brusca for their insight into personal injury claims and pedestrian accidents.

Truck Accident Lawyer

Car accidents are scary enough, but when one of the parties is a large truck that then flees the scene, things can become even more stressful. However, unlike private party hit and runs, truckers usually work for companies that have a responsibility to monitor their drivers’ whereabouts and quality of driving. In addition, trucks often have unique paint jobs, decals, or company names splashed across them, which means you have a good chance of locating the driver, even if they fled the scene.

If you are the victim of a truck hit and run, follow these important steps:

REMAIN AT THE SCENE

Pull over when it is safe to do so and call the police immediately. If someone has been injured, make sure they receive medical assistance. Under no circumstance should you pursue the truck who hit you, you may find yourself in a potentially dangerous situation. Besides, you need to remain at the scene so you can look for witnesses and make a police report.

GATHER INFORMATION

One small detail may help the police find the truck who struck your car, so try to gather as much information as possible, including:

The license plate number
Color of truck, or unique designs
A company name on the truck
The direction in which the driver took off
The time and location of the accident
A physical description of the person
Witnesses to the accident
Pictures of the damage done to your car

CONTACT YOUR INSURANCE COMPANY

Every insurance policy is different, and yours may not cover hit and run incidents. To avoid being financially responsible for an accident you did not cause, make sure your auto insurance policy has at least one of the following coverages:

Uninsured Motorist Coverage: this can help provide coverage for any injury caused by an uninsured, negligent driver. In the case of a hit and run, the negligent driver is unknown and therefore uninsured.
Collision Coverage: this can help cover the cost of repairing/replacing the damage to your car

CONTACT THE TRUCKING COMPANY

If the truck had a trucking company or merchant store name on it, contact that company and let them know about the accident. They are a party to the accident as well. This is where a police report can come in handy, it is proof that the accident occurred. Witness statements are very useful as well.

Personal Injury Attorney

In theory, the most important goals of litigating medical malpractice cases include providing patients appropriate compensation for the wrongs that have been done to them and to prevent further malpractice in the future. However, there are legitimate questions as to how effective the malpractice system has been in incentivizing doctors to provide patients with appropriate care, as well as to how many harmed patients actually receive compensation.

Having appeared in American law records since the 1800s, medical malpractice cases in the United States experienced a surge in the 1960s. In response, reform of the medical malpractice system became a topic of much discussion. Since that time, there has been a consistent ebb and flow of debate about the pros and cons of medical malpractice reform, with some arguing in favor of alternatives.

Types of Reforms

The debate over medical malpractice reform typically takes place between two different groups of people: patient advocates and physician organizations. The former support the current system as a way to ensure that injured patients receive justice and physicians perform to established standards. The latter, on the other hand, see medical malpractice cases as an obstacle to providing the best care and tend to believe that more litigated claims are spurious than otherwise.

The medical malpractice reforms commonly proposed include the following:

Paying out awards over time rather than in one lump sum
Creating barriers to filing malpractice claims to reduce the number of lawsuits
Imposing award caps on noneconomic damages

Noneconomic damages are those that do not have a precise value. Award caps, which limit doctors’ liability, are the most common types of attempted reforms.

Pros and Cons of Award Caps

Opponents of award caps say that they are not effective at preventing substandard care by doctors and other health care providers, as well as having a negative effect on victims and their families. They also claim that the disabled, the elderly, children, and other vulnerable groups are unfairly targeted by award caps.

Supporters of caps say that in their absence, doctors tend to practice defensive medicine. In other words, adherence to the medical standard of care is of secondary importance to risk management and avoiding lawsuits. They also claim that caps have economic benefits in the form of increasing funds and controlling insurance rates, as well as easing shortages of providers by reducing a potential disadvantage to practicing medicine.

Alternative Dispute Resolution

Some have argued that instead of the commonly proposed medical malpractice reforms, the system should adopt a model of alternative dispute resolution. This could allow patients to receive compensation bya less costly and less adversarial method while receiving an explanation and apology for what happened. Research indicates that these intangibles are desired by patients at least as much as compensation.

In a case of nursing home malpractice, it can be difficult to know where to start. Call our malpractice lawyer to arrange a consultation with one of our attorneys.

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