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Category: Personal Injury

When a Car Hits a Pedestrian 

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.

 

What to Do if a Truck Clips You and Runs

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:

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:

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.

Read Also

– MEDICAL MALPRACTICE REFORM: PROS, CONS, AND ALTERNATIVES
– DUTY OF CARE
– APARTMENT COMPLEX’S DUTY TO PROVIDE A SAFE PLACE TO LIVE
– WHY THE AVERAGE SETTLEMENT VALUE DOESN’T HELP YOUR CASE
– INJURED BY A DRUNK DRIVER (DUI)
– HOW TO GET A FAIR SETTLEMENT IN YOUR PERSONAL INJURY CLAIM

Medical Malpractice Reform: Pros, Cons, and Alternatives

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:

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.

 

Read Also

– DUTY OF CARE
– APARTMENT COMPLEX’S DUTY TO PROVIDE A SAFE PLACE TO LIVE
– WHY THE AVERAGE SETTLEMENT VALUE DOESN’T HELP YOUR CASE
– WHAT TO DO IF A TRUCK CLIPS YOU AND RUNS
– INJURED BY A DRUNK DRIVER (DUI)
– HOW TO GET A FAIR SETTLEMENT IN YOUR PERSONAL INJURY CLAIM

Why the Average Settlement Value Doesn’t Help Your Case

Personal Injury Attorney

Between hospital visits and insurance claims, most people feel overwhelmed after suffering a personal injury at the negligence of another individual. If you try to come up with the damages costs on your own, you might feel even more overwhelmed. After all, there are a lot of costs to factor in and most people who have never dealt with a personal injury suit do not understand the types of claims you can make. This leads to a lot of people asking a very simple question with a more complex answer. What is the average value of a personal injury settlement? There are several factors that go into deciding a personal injury case. The average number may tell you very little.

Types of Personal Injury Cases

Personal injury allows an injured person to seek compensation when someone’s negligence or intentional act led to harm. The type of case you are involved in will factor into how much you can ask for in the settlement. The common types of personal injury cases include:

If you were the victim of anyone’s negligence or intentional act and it led to monetary loss or injuries, then you may have a personal injury case. Your settlement depends on the type of case, because different cases may result in more severe injuries than others may.

Types of Factors That Affect Settlement

A number of factors are going to factor into the calculation of your settlement. One of the most important figures that you need to consider is the defendant’s assets. There are some instances where you may be able to get the court to sell the defendant’s assets or garnish the defendant’s wages, but there is only so much that you can take and even then, it might not be enough.

The next consideration is your own losses. You would include your medical expenses, income and other losses that you may have suffered. Different cases are going to have different losses. On top of it, you have to prove liability. This can be tricky. You have to prove that the negligence or intentional act caused your damages.

Personal injury settlements are heavily dependent on the type of injury and the circumstances surrounding the injury. Even if you figure in the average settlement amount, your settlement may be much higher or lower depending on your injuries. To help determine your settlement costs, consult with a personal injury lawyer about your case.

Read Also

– MEDICAL MALPRACTICE REFORM: PROS, CONS, AND ALTERNATIVES
– DUTY OF CARE
– APARTMENT COMPLEX’S DUTY TO PROVIDE A SAFE PLACE TO LIVE
– WHAT TO DO IF A TRUCK CLIPS YOU AND RUNS
– INJURED BY A DRUNK DRIVER (DUI)
– HOW TO GET A FAIR SETTLEMENT IN YOUR PERSONAL INJURY CLAIM

Can Doctors and Hospitals Wait for Payment?

Personal Injury Lawyer

When you have sustained injuries in an accident or an act of negligence on the part of another, the medical bills come rolling in quickly. In a very short time, it can feel like an avalanche of debt piling up. What do you do when you don’t have the money to pay all the invoices from doctors, hospitals and medical equipment (also known as Durable Medical Equipment or DME)? Can you just wait to pay later when you have a settlement? The short answer is “No”. The obligation is yours to ensure payment. However, there are ways to handle this so that you can continue with medical care and save your credit score.

Be Organized

Take the time to organize any invoices you receive. Organize into paid and unpaid so that you can easily tell what your remaining obligation is. You may receive a bill for the full amount even if you have insurance, as it may take some time for the claims to be paid. Leave those in the unpaid stack until they are paid. Once the insurance does pay the claim, match the Explanation of Benefits (EOB) to the invoice and make sure to follow up on any discrepancies.

Make Payment Arrangements

Even those with insurance will likely still have a remaining obligation. Whether it’s a deductible, copay or a non-covered charge, you may end up a significant bill. Do NOT wait for a settlement. Be proactive to arrange for payment with the doctor’s office or hospital in order to avoid going into collections. Once you are in a debt-collection scenario, there may already be negative reporting to the credit bureaus and your chance for a possible reduction of the remaining amount owed goes down. If you have a very low income, you may be required to show proof of income in order to have an agreement for small payments.

Ask for a Discount

Whether you are self-pay (no insurance coverage) or you have significant remaining debt after the insurance claims, it never hurts to ask if you can get a discount. Sometimes you can get a significant reduction just by asking for it. Remember the old adage about attracting more flies with honey? Being nice can sometimes pay off in a big way.

Get an Attorney

Perhaps you weren’t sure if you needed legal help to be reimbursed from another party, but now you are getting so many bills you can’t keep up. Maybe you have injuries that prevent you from working, leaving you unable to pay the remainder of the debt. You may simply be unable to spare another dollar from your already tight budget. If any of these sound like you, look for an experienced personal injury lawyer. Many times they can arrange payment through their office until you receive your settlement.

Read Also

– MEDICAL MALPRACTICE REFORM: PROS, CONS, AND ALTERNATIVES
– DUTY OF CARE
– APARTMENT COMPLEX’S DUTY TO PROVIDE A SAFE PLACE TO LIVE
– WHY THE AVERAGE SETTLEMENT VALUE DOESN’T HELP YOUR CASE
– WHAT TO DO IF A TRUCK CLIPS YOU AND RUNS
– INJURED BY A DRUNK DRIVER (DUI)
– HOW TO GET A FAIR SETTLEMENT IN YOUR PERSONAL INJURY CLAIM

Duty Of Care

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.

Read Also

– MEDICAL MALPRACTICE REFORM: PROS, CONS, AND ALTERNATIVES
– APARTMENT COMPLEX’S DUTY TO PROVIDE A SAFE PLACE TO LIVE
– WHY THE AVERAGE SETTLEMENT VALUE DOESN’T HELP YOUR CASE
– WHAT TO DO IF A TRUCK CLIPS YOU AND RUNS
– INJURED BY A DRUNK DRIVER (DUI)
– HOW TO GET A FAIR SETTLEMENT IN YOUR PERSONAL INJURY CLAIM

Common Jaw and Face Injuries After a Car Accident

Invisalign

If you have recently been in a car accident, you know that the injuries you can sustain to your jaw, teeth, and face can be severe. In fact, if your injuries go untreated and you do not see an orthodontist right away, you could be living with permanent disfigurement or damage for the rest of your life. In fact, these kinds of injuries may be apparent physically, but they can also have mental, emotional, and financial consequences as well. If you are going through the recovery process after a car accident and sustained jaw or facial injuries, speak with an orthodontist as soon as possible to see how they can help relieve your pain and get you on the road to recovery. The sooner you call, the sooner they can help.

What kinds of dental injuries can you sustain?

Dental injuries are extremely common in car accidents and can be very mild or even severe. Even if you only have a mild dental injury, it is important to see your orthodontist as soon as possible so that they can fix the damage before it causes other long-term problems. When you get into a car accident, it is extremely common that you may:

When one of these scenarios happens, it is possible to chip, fracture, break, or get an avulsed tooth. When this happens, your orthodontist can likely fix these mild injuries with:

While these may seem like minor injuries, you should still get them checked as soon as possible so your orthodontist can fix them.

Jaw Injuries

Because whiplash is a common injury after a car accident, it is possible to also get temporomandibular joint pain (TMJ). This jaw injury—and others—can happen when you hit the dashboard or when the airbag impacts your face. Your orthodontist can help you recover through bite guards, headgear, surgery, and recommending specific liquid diets. Depending on how severe your jaw injury is, you may only need a liquid diet with painkillers. However, the more severe the injury, the more likely your orthodontist will need to perform surgery to realign your jaw.

Facial Injuries

Similar to jaw injuries, you may suffer from facial injuries as a result of hitting the car or another object in your car upon impact. If this happens, you might sustain cuts, bruises, are damage to the bones around your mouth. When this is the case, you may need your orthodontist to make different incisions around your jaw to carefully reposition any broken bones.

It is important to seek help from your orthodontist after an accident like this so you can get the proper treatment and so they can help document your injuries for your legal claim.

 

Filing A Premise Liability Claim

Personal Injury Attorney

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

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

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

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

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

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

Rear-End Accident, Not At Fault

Car Accident Attorney DeKalb County, GA

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

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

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

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

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

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

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

Why You Should Get Chiropractic Care After a Bicycle Accident

Personal Injury Doctor

It may go without saying, that many drivers on today’s roadways are not using proper care and attention in regard to safety of others. A car driver may hit a bicyclist when trying to change lanes, making a turn onto another street, or when the rider was cruising down a bike lane. Riding a bicycle is one of the most common forms of transportation and recreation for many people, who want a more healthy and environmentally-friendly way to get where they need to go.

However, this means a bicyclist must be aware of unsafe drivers on the road at all times. Even the most proactive bicyclist may suffer from a bicycle accident if they happen to be at the wrong place, at the wrong time.

How Chiropractors Can Help

In the event of a bicycle accident, a rider may consider their options for injury treatment. It is common for a victim of such an incident to experience pain related to the musculoskeletal system. The human body can be easily thrown out of alignment if hit by a vehicle that weighs thousands of pounds. A bicyclist may suffer from dislocations, muscle sprains, neck injuries, and much more. Chiropractors can perform adjustments of the bicyclist’s spine and joints, to promote natural healing.

Correcting Misconceptions

Many bicyclists may worry that chiropractic adjustments are painful, and can be apprehensive about injured areas being manipulated. Rest assured that chiropractors can take this into consideration and that adjustments should not cause any sheer pain. If anything, a bicyclist may feel soreness the day after the first adjustment. But, this should be nothing more than what you may feel after a solid workout.

During an adjustment, cracks and other popping sounds may be heard. If a victim of a bicycle accident has never received a chiropractic treatment before, this may be startling. But, these noises can be quite normal and part of the session. The sounds you hear are often related to air being released between joints.

Injuries that Can Be Treated

Chiropractic adjustments are not only performed on the spinal column of the human body. A chiropractor may also realign other joints that were injured due to the accident, such as the knee, elbow, shoulder, wrist, and hips. Bicyclists who have sustained injuries from the accident and are experiencing the following symptoms, can likely benefit from chiropractic care:

Documentation for Legal Purposes

After visiting with a chiropractor, like a personal injury doctor, do not forget to ask for copies of exams, treatments, receipts for out-of-pocket expenses, and anything else related to your condition. In some cases, victims of bicycle accidents file a civil lawsuit against the driver for financial restitution. It can help your case to show to what extent your body sustained aches and pains, and whether future chiropractic care is needed for recovery. When calculating your potential compensation, current and future medical costs are a factor.

Thanks to our friends and contributors from Mid Atlantic Spinal Rehab & Chiropractic for their insight into chiropractic care.