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Motorcycle Accidents: The Dreaded Left-Hook

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Car Accident Lawyer

Accidents involving motorcycle riders continue to climb across the nation. This unfortunate reality proves that roads still need to be made safer for riders, and in order to do this, the more common types of motorcycle accidents should be evaluated so the problem can be tackled at its roots.

One particularly common motorcycle crash is the serious left-hook accident, often seen at intersections. This accident occurs when a driver makes a left turn and fails to yield to a motorcyclist. Naturally, a motorcyclist often assumes that when a car is turning left in front of him or her, it will yield. However, the human brain tends to look out for larger objects in this situation, such as a car.

The consequences of a left-hook crash can be devastating. The driver can run the motorcyclist down, or he or she may get thrown off of the bike if there is a collision with the side fender of the car. Many times, a driver will say they did not see the motorcyclist after a left-hook accident, and they may try to blame the motorcyclist’s position at the time of the crash. Although this is often a cause of a brain “blindspot,” the driver is still at fault.

Associated left-hook injuries

A motorcyclist is normally thrown from his or her bike after being struck by a larger vehicle. Injuries include major trauma to the head from a pavement or windshield impact, broken bones, road rash, lacerations and other contusions. You may also suffer losses that are not physical, such as the totaling of your bike.

As you are trying to heal, you may be contacted by your insurance company and the insurer for the driver who caused the accident. It’s best to avoid speaking to insurers, and you should not give out any details of the accident to them. Essentially, the insurance company will simply want to settle your case as soon as possible to avoid the hassle and expense of going to court. However, they do not have your best interests in mind, and they may try to have you sign a document that says you will take a smaller amount than you are entitled to receive. While a small settlement now to avoid court may sound appealing, it can be a big mistake when your medical bills pile up later.

It’s time to get help

Since these accidents can cause a rider to suffer a major injury, it is wise to speak to an experienced motorcycle accident lawyer Denver, CO trusts as soon as you can. Your attorney will help collect evidence of your injuries, medical bills and losses so you can prove your case in court. They will also handle the insurance companies for you, so you don’t have to settle for less or deal with the stress while you are trying to recover. You may not ever be the same as you were before the accident, but having money to cover your bills and losses associated with the crash is essential.

 


 

Thank you to our friends and contributors at Richard J. Banta, P.C. for their insight into motorcycle accidents and personal injury claims.

Proving Liability after a Car Accident

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Car Accident Attorney

In the aftermath of a car accident, it’s important to work with a car accident lawyer to establish that the other driver was responsible for causing the crash. If you suffered a serious injury as a result, it is even more reason to hire an experienced car accident lawyer who can protect your best interests. Because the other driver may wish to avoid taking responsibility, though you are certain you didn’t cause the accident, it will be necessary to prove it. Lawyers have helped many victims in this situation. They have experience representing injured drivers and are in a good position to help you. They have the resources and the commitment necessary to get you the fair settlement you deserve for your damages.

Experience Matters

No two car accidents are exactly the same because of all the many variables involved. In determining a solid case that proves the liability of the other driver, it can require years of experience and an intimate understanding of motor vehicle laws. An auto accident lawyer Washington, DC trusts has a clear understanding of what is necessary to establish beyond doubt that a client deserves compensation for their damages. They will make every reasonable effort to prove liability of the other driver after a thorough investigation of how the accident occurred.

We Have the Necessary Resources

After an accident occurs, each driver may point the finger at the other driver in terms of who is responsible for having caused it. If one of the drivers sustained a significant injury, they will need medical care that is likely to be very costly. Their damages may also include a loss of income while they recover and possibly emotional injuries in the aftermath of having been in a horrific car accident. When a victim in these circumstances comes to a car accident lawyer, they will look very closely at their case. If it’s evident that they were not responsible for the accident, their attorney will make every effort to prove that. Depending on the circumstances, your attorney may leverage any of the following resources to help your case:

  • Car accident forensic investigator. A trained investigator can review the circumstances of an accident to determine what led up to it, and provide evidence to support the theories. This might include skid marks, defective auto parts such as brakes, photographs of the accident scene immediately after it occurred.
  • Medical expert. A physician or medical specialist can examine our client to determine the extent of their injuries and prognosis. They can also point to how the injury likely happened. A medical expert can also specify what kind of treatment will be necessary, how long it will last, and the costs involved. The latter can be especially helpful in determining the amount of compensation the victim should be paid by the at-fault party.

 


 

Thank you to our friends and contributors at Cohen & Cohen, P.C. for their insight into car accident claims.

What Can I Do About Wage Garnishment?

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Personal Injury Attorney

Wage garnishment can happen as a result of a court order, in which your employer must retrieve a portion of your paycheck to pay creditors or another person that you owe money to. Wage garnishment may be required if you are overdue on paying child support, student loans, consumer debts, and more. You do have rights when it comes to how much can be taken from your earnings at one time. Those who have never had their wages garnished before, may be shocked to see a decent chunk of their paycheck has been withheld.

What are the different types of garnishment?

Wage garnishment is actually quite common. It is estimated that around hundreds of thousands of people per year may have their wages garnished for one reason or another. However, accessing an employee’s paycheck is not the only way that a creditor may force payments. The two types of garnishment are described as follows:

  1. Wage garnishment = creditors can require your employer to give up a part of your paycheck in order to pay off debts
  2. Non Wage garnishment = creditors can tap into your bank account to access funds, which may also be referred to as a bank levy

Does the person receive notice that their wages are going to be garnished?

It is standard protocol for the court to send a notice to the person and the employer or bank about the wage garnishment. The garnishment begins anywhere from 5-30 business days after the approval, and may continue until the debt is paid off.

Do the laws regarding wage garnishment vary by state?

Yes, each state has established laws about garnishment and can vary substantially. Your state may or may not have certain protections in place, which help safeguard your earnings. Some states may have exemptions, particularly for those who are head of household and have dependant children.

Is there anything someone can do about the wage garnishment?

You may have to do research on your own or meet with a legal professional about what laws pertain to your state, and how to exercise your rights. If you firmly believe that the wage or non wage garnishment is inaccurate, you can turn to a Milwaukee work injury lawyer for advice on how to fight the error. In some rare circumstances, a person may suffer undue harm to his or her finances because of the mistake. In general, here are examples of rights and actions that may apply to you:

  • You do have a right to be legally notified of the wages or non wages garnished.
  • You can submit a garnishment dispute if your notice has incorrect information, or you do not agree that you owe such a debt.
  • Those with social security and veterans benefits may be exempt from wage garnishment. But, it is still possible that your earnings be seized once deposited into your bank account.
  • You cannot be fired by your employer for having a single type of wage garnishment. However, you may not be as protected if you accumulate more than one.

 


 

Thank you to our friends and contributors at Hickey & Turim, SC for their insight into wage garnishment and workers comp.

May I Receive Workers’ Compensation Benefits If the Accident Was Partially My Fault?

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Workers Compensation Lawyer

Every workplace injury situation is unique. And for workplace safety purposes, understanding the context surrounding every injury and workplace illness is key to preventing similar harm in the future. However, context is not necessarily a primary concern when discussing eligibility for workers’ compensation benefits. Although there are times when the issue of fault is important in determining eligibility, these instances are rare. In general, if a worker is injured or made ill on the job and that worker is covered by workers’ compensation insurance protections, that worker is eligible to receive workers’ compensation benefits associated with the harm that he or she has suffered.

Accidents are generally caused by a variety of factors in combination. It is rare that a worker is entirely at fault for a workplace accident. For example, say that a truck driver is involved in a collision. That truck driver believes he or she is at fault for that collision because the truck operator was drowsy at the time of the crash. However, the driver had been significantly pressured by his or her employer in the days leading up the collision to make more deliveries than normal on a tighter timetable. Technically, the truck driver may be at fault for being drowsy while driving, but the employer is at fault for placing the driver in a position to be operating heavy machinery while overworked.

Because multiple factors in combination tend to inspire workplace accidents, it can be difficult to correctly assign fault in situations that result in injury. Partially as a result of this fact, many workers remain fully eligible to receive workers’ compensation benefits in the wake of an accident, even if a review of the situation places the worker partially (or even totally, in some situations) at fault for the harm caused. Workers’ compensation almost always operates as a no-fault system. In exchange for the fact that workers’ entitled to benefits may not generally sue employers when they are harmed on the job, they tend to remain eligible for benefits regardless of accident-related fault.

With that said, it is important to note that there are situations in which a worker may be considered ineligible to receive benefits based on fault. If a worker brings a loaded gun to work with the intention of harming others and ends up literally shooting himself or herself in the foot in the process, that worker will not be eligible to receive benefits even though the accident occurred while the worker was on the job.

Legal Assistance Is Available

If you have questions about workers’ compensation benefits generally or eligibility specifically, please consider reaching out to an experienced Plantation, FL work injury lawyer. Lawyers whose practices specialize in workers’ compensation and worker safety will be able to advise you of your legal options after learning about your specific circumstances. If you are eligible to file a workers’ compensation claim, an attorney will be able to help you navigate the claims process as successfully as possible and with as few delays as possible.

 


 

Thank you to our friends and contributors at the Law Offices of Franks, Koenig and Neuwelt for their insight into workers’ compensation benefits and fault.

HIT AND RUN INJURY

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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.

INFANT DEATH DUE TO DEFECTIVE CRIB

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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.

Bed Rail Injuries in a Nursing Home

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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.

How to Avoid a Negligent Security Claim

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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.

Can you file a claim for Assault and Battery?

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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.

Dealing with a Difficult Driver at the Scene of an Accident

Categories:

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 in Las Vegas for advice, you can decide whether filing a lawsuit is in your best interest.

 


 

Thank you to our friends and contributors at Nadia Von Magdenko & Associates for their insight into car accident scenes and personal injury.