24/7 Live Call Answering

(470) 558-0495

Category: Personal Injury

How to Handle a Drunk Driving Claim

Car Accident Lawyer

After an accident with a drunk driver, it’s normal to ask whether the claims process would be different if you were in an accident with a sober driver. Some of the basic steps are the same, no matter the reason for the accident. It can be a more complicated process, though.

When to File the Claim

In most cases, it is advisable to file the claim right away. In a drunk driving case, however, it is more common to wait to see if criminal charges are pending. If the other driver has criminal DUI charges pending, you can wait until after the conviction. The reason you want to wait until after the conviction is that their conviction is going to be proof of your case and it will be easier for you to win your settlement.

How to Handle Insurance Companies

Often, insurance companies will pay up to the policy amount if their policyholder drove while drunk. Once the claim is over, the company will typically cancel the policy or raise the premiums. While damages to the drunk driver’s vehicle do not usually get paid by their insurance if they were driving while intoxicated, their liability policy may pay for you, your car’s damages, and medical bills.

While an insurance company will rarely reject you if their driver was intoxicated, you still do not want to accept the first offer. The insurance company wants to settle as quickly as possible and will often offer you less than the policy amount. Do not accept any settlement right away. If you’re unsure about whether you should accept an offer, then you need to discuss the terms with your lawyer. He or she can gauge whether it is a fair settlement or if you need to continue negotiations.

Why Hire an Attorney

Whenever you choose to file a drunk driving claim, you may want to hire an attorney. Drunk driving cases can be complicated when you deserve more compensation than the insurance policy provides. You may even want to use specialty laws for a DUI. For instance, in some cases, you can file a claim against a bar who served the drunk driver.

If you were hit by a drunk driver, you have every right to file a claim against the other driver. It is important to remember that most car accident claims can become complicated and you may need assistance receiving the settlement that you deserve. Consult with a car accident lawyer for questions about your claim.

Factors That Determine the Value of Loss in a Personal Injury Case

Personal Injury Lawyer

When you are injured in an accident that was caused by someone else’s negligence, the financial impact can be especially difficult. Medical bills, pain and suffering and the inability to work might all affect your finances and your future. If you plan to file a personal injury lawsuit as a way to recoup your losses, there are a few factors that can affect the economic value of your case you may want to be aware of.

  1. Future Medical Costs 

While an injury may land you in the hospital and cause several thousand dollars’ worth of medical bills, you may require future treatment for long-term bodily damage as well. For example, if you were hit by a drunk driver and suffered spinal injuries that require future surgeries and rehabilitation, you could add the total amount of these costs to your lawsuit. You may want to ask your doctor about the projected value of these medical needs so you can forward the information to your lawyer.

  1. Lost Earning Capacity 

If your accident prevents you from working, either temporarily or permanently, you might be able to add your inability to earn wages to the economic value of your case. This factor can be especially important if you were the main provider for your family and now the future of your household is in question. While future earning potential might be difficult to compute down to the dollar, your attorney may be able to help you decide a fair and reasonable amount.

  1. Judge and Jury 

Because all personal injury cases differ, there is typically no set dollar amount or universal award offered. Judges and juries usually use a damages model to consider what the case is worth, using several factors that might include your current and future impairments, how the injury has affected your quality of life and whether you are suffering any mental or emotional anguish as a result of the accident.

  1. State Damage Caps 

The amount you can receive from a personal injury case may be limited by your state of residence, but usually in cases of non-economic awards. Some laws may restrict the amount you can receive for future medical needs, while others cap punitive damages only. Your attorney can provide you with information regarding state caps and how they might affect your case.

Computing the economic value of your personal injury case can be difficult, but there is help available. Contact an attorney, today for further information and assistance.

Hire a Attorney After a Car Accident

Car Accident Lawyer

Every time you get behind the wheel, you’re taking a risk. You may not think of it that way because you almost always arrive at your destination without incident. However, the possibility of getting into an accident is real. If you’re on the wrong end of a car collision and you suffer injuries, you need to take the right steps to protect your health, rights, and finances. In some situations, it may be best to hire an attorney to advise you.

First Thing’s First

In the immediate aftermath of a car accident, be sensible and keep your emotions under control. Do not admit fault or place blame. Call the police and calmly exchange insurance and contact information with the other party. Once police officers arrive, give your account of what happened. Be accurate and honest. Let the officers do their job as they investigate the scene and fill out a report. In the meantime, you can take photos of the accident and speak with eyewitnesses to get their view of what caused the wreck. You should then call your insurance company to file a claim. If the accident wasn’t your fault, call the other driver’s insurance company to report the incident.

Next Seek Medical Care

Before you consider taking legal action, let a medical professional examine your injuries. If they are severe, you should go directly to the emergency room from the accident scene. You can take care of the insurance steps later. If the injuries are minor or moderate, go to an urgent care center or to your family doctor’s office. Don’t ignore your symptoms and pass them off as inconsequential. Some injuries won’t manifest for a couple of days. Let a qualified physician check your vitals signs and assess your health. Once you’ve taken this step, it’s time to speak to an attorney. Don’t wait too long, though. Most states require that you file a personal injury lawsuit within a year of the accident.

Signs That You Need a Lawyer

Not all car accidents warrant a personal injury lawsuit. There are times, however, when this makes sense. If your insurance company and the other driver’s provider are being difficult to work with or denying your claim, you should involve your attorney. If the other driver is at fault but denies responsibility, you should get legal help to intervene. Also, if your injuries are severe, resulting in mounting medical costs and lost time at work, you should consider filing a lawsuit. You could get compensation for your financial responsibilities.

Follow these guidelines as you consider whether to make a personal injury claim. Speak to a car accident lawyer, as soon after your accident as possible.

 

 

 

Ways to Pay Your Medical Bills After a Automobile Accident

Car Accident Lawyer

Depending on the severity of a car accident, your injuries can span the gamut from minor to severe. For significant injuries, you will need medical attention and possible rehabilitation, but how do you pay for it.? Not everyone has adequate insurance or the finances to cover hospital costs, but there are ways to get the treatment you need.

Personal Insurance Coverage

If you have auto insurance or individual health insurance, it is possible to receive the care you need without having to pay much out of pocket. However, if you are looking to recover any losses through a lawsuit, then your health insurance provider will probably want to get paid back too. 

PIP

Personal injury protection is usually covered through many auto insurance policies. If you have PIP coverage, then you can use the funds to help cover some of your expenses, but you do not get to pick what it pays for. 

Medicare or Medicaid

The government insurance programs, Medicare and Medicaid, will cover you in the event of a car accident. However, before you can use your policy for any medical coverage, it requires you to use any existing PIP coverage you have. Once the funds from the PIP policy are exhausted, your Medicare or Medicaid plans will kick in.

Loan

You may find luck with a conventional loan for your medical treatments. Some lenders will provide funding for costs, but the interest rates in these loan programs may be significant, so be careful.

Family and Friends

If you are in dire need of funds, you can look to your loved ones for help. Maybe you have family or friends who can front you the money and agree to repayment over time.

Personal Savings

If you are lucky enough to have a personal savings account, then you may want to dig into what you have. While it’s difficult to spend your savings, if you are suing the at-fault driver, then you can recover your money.

Attorney Liens

If you have no alternative sources of income, you can request an attorney lien. Attorney liens are promises from your attorney to the hospital or medical center where you receive treatment. The promise is that the medical center will receive payment first from any settlement or award for your case before they release the funds to you.

While a car accident injury is frustrating, and it’s challenging to find the funding to cover medical costs, there are several ways for you to get the treatment you need. Contact a local car accident lawyer, for help.

 

 

Why Expert Witnesses Are Essential to Your Truck Accident Case

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.

 

The Time Limit Someone Has To File A Lawsuit

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:

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.

 

Safety Tips for Dealing with Angry, Aggressive Drivers 

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:

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:

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.

 

What Questions Should I Ask a Wrongful Death Attorney?

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.

What Does a Free Consultation Mean?

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.

 

Medical Malpractice Vs Wrongful Death

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:

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.