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On The Job Injury

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Personal Injury Lawyer in Dekalb County, GA

When you are injured on the job, this can come with several frustrations such as pain from said injury, and the inability to work, which means the inability to handle your financial obligations. However, it is likely that your employer already has workers compensation insurance. Worker’s compensation insurance is used to cover damages your employer is held liable for, meaning an insurance policy that compensates workers that need assistance after being injured on the job. This coverage assists with medical bills in relation to the sustained work injury, and to recover possible lost wages. Proving an on-the-job injury is not the easiest task; its difficulty varies from job to job. However, if it can be proven that you suffered an injury in connection to your job and not caused by your own incompetence, you may be able to seek a worker’s compensation claim.

For starters, the injury you claim to have suffered on the job must be caused by an act that was in fact your job, or caused by your employers negligence. In some instances, while not on company property, an injured sustained may still be your employers responsibility to cover. Such as attending an office related event. However, this does not mean attending an event with co-workers or your boss. The two instances are totally exclusive.

Worker’s compensation insurance only covers official employees, not independent contractors, or undocumented workers.

Examples of work-related injuries that are typically covered by worker’s compensation are:

·      Broken bones

·      Loss of limbs

·      Repetitive stress

·      Burning or permanent scarring

·      Tissue injury

·      Depression, stress, or anxiety

Just so long as they were caused due to work related instances, you are covered by worker’s compensation in most cases.

Because it is not always certain that the injuries suffered are in direct connection to your job, and it is an insurance adjusters job to find ways not to be found liable for an injury, being compensated by worker’s compensation insurance may take time. There are also times where your injury just may not be covered. Instead of figuring it out on your own, it is best to speak with a skilled personal injury attorney,  like a personal injury lawyer in Dekalb County, GA from Andrew R. Lynch, P.C., with experience with worker’s compensation cases. By doing so, you are avoiding the ability of being either taken advantage of entirely or not receiving the proper recovery for your injuries, and possible pain and suffering. Speak with a personal injury attorney as soon as possible, so that you or your loved one can receive the compensation they deserve.

Hotel Liability

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Hotel Accident Lawyer Dekalb County, GA

So you wait until the end of the school year to plan a huge vacation trip for you and your family. Since the beginning of the school year you had this trip in mind, you know where you would like to go, but not where you will be staying just yet. You put aside money for the trip every week and are finally able to book flights for your entire family. One tasks down. You continue your savings plan throughout the year and you eventually find the perfect hotel to accommodate you and your family, you book it. As the holidays and school months roll by, your anticipation grows. The end of the school year finally approaches and you surprise your family with the details of the trip. Everyone is happy every day leading up to the time to depart. So you take off. You’ve landed in your vacation spot and head over to your hotel, only to later be faced with a devastating situation, an injury on the hotel property. When paying for your trip, this was by far the last thing you thought of.

Hotel owners have a duty to provide a safe staying and visiting environment for everyone that steps foot on their premises, and when they fail to do so and someone is injured, the party injured is able to go after them for negligence and seek compensation for their injuries. If at any time a hazard such as water leakage, or uneven flooring, amongst many other things, and is brought to the staff, it is their responsibility to see that this hazard is eliminated. There are instances where a staff member may not be aware of a hazard, however, if there were any reason to believe that this is due to failure to maintain property inspections, the hotel would still be seen as liable.

No matter the extremity of the injury, hotel guests are owed safety in their building and if the injury is caused due to the lack of safety, you may be able to win a premise liability case. If you or someone you know has been injured due to the carelessness of a hotel owner or staff, seek medical attention and speak with a skilled hotel accident lawyer Dekalb County, GA trusts at Andrew R. Lynch, P.C. that will be able to get you or your loved one the compensation they deserve.

Multi-Vehicle Collision

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Car Accident Attorney Dekalb County, GA

So you are on your way to work one day and there is bumper-to-bumper traffic. You try your best to maintain the speed limit and use your indicator so that drivers around you know your intentions. Traffic comes to a stop and before you know it you have been rear ended by another driver. You know who is wrong, but there is a problem, the driver that struck you was rear ended by another driver. Who is at fault here?

Multi-vehicle accidents are when more than one motor vehicle is involved in an accident, likely caused by the extreme force of another party striking the car before them, and so on and so forth if it is more than three vehicles involved. While you may believe these types of accidents show clear liability, there are times when the negligence of more than one driver causes a chain reaction collision. This complicates any personal injury claim because there are so many people involved, and so many factors to review with regards to liability, and just because you are cited does not mean you are at faulty, unless an officer witnessed the collision first-hand.

Several factors are taken into consideration in these types of accidents:

• Weather conditions

• Aggressive driving

• Driving under the influence of any drug or alcohol

• Or, simply being distracted

Laws vary from state to state, and in these cases, most states will consider all of the facts to be reviewed, and distribute liability to more than one driver. As it pertains to a claim, some states will also remove any possibility of compensation if you are at fault in any capacity even 1 percent. You will need an attorney that will be able to plead your case in court. Many personal injury cases settle before court, however, due to so many parties being involved in a multi-vehicle accident, the person seen as liable outside of the court may have an insurance company that does not want to pay out.

If injuries are sustained, it is best to seek medical attention and speak with a car accident attorney Dekalb County, GA offers at Andrew R. Lynch, P.C. that will be able to review the details of your claim, consider all the evidence and negotiate on your behalf. The pain, suffering, and financial burden is one thing, but due to the possibility of so many blurred lines, it is best to have someone to clear the fog for you while you get better.

Slip and Fall

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Personal Injury Lawyer in Dekalb County, GA

When you enter into a store to do your routine weekend grocery shopping, the last thing you expect to leave the store with is a slip and fall injury. It is likely that you shop at this store for your family because it is kept nice and clean, so you normally expect the floors to be swept and freshly mopped.  But what you don’t expect is there to be no sign indicating a wet floor. If you or someone you know has suffered a slip and fall injury due to a wet floor in a store or any location, it is likely that there is compensation that can be awarded to you.

It is a property owner, or manager’s duty to place warning signs on floors that are slippery than they would be on a regular basis due to mopping, painting, or anything that can lead to an injury. When this does not happen, and someone is hurt because of it, it becomes the responsibility of the property owner. This is not something that happens only on tiled or hardwood floors like many people may suspect, although very common. Rugs may not be properly placed on the ground, carpet may be torn or lifting out of place, floor may be uneven, and there may also be breakage in the floor that causes a trip. If parties that may come in contact with this poorly managed, or freshly maintained flooring has not been informed, this can cause a slip and fall accident.

If you have been a victim of a slip and fall accident, just like in auto accidents, it is best to gather information of any witnesses, photos of the scene in which the incident occurred, seek medical attention as soon as possible, and contact an attorney.

By speaking with a skilled personal injury attorney, , like a personal injury lawyer in Dekalb County, GA from Andrew R. Lynch, P.C. , you allow yourself the opportunity to focus on healing. With the right attorney, liability will be proven, and with the facts of your case presented, you will receive compensation for the injuries sustained. In some cases, lost wages, and pain and suffering are also accounted for. Slip and falls can occur anywhere, so it is wise to pay attention to your surroundings. However, no matter the condition of the premises, some things are inevitable. Speak with an attorney so that you are not punished any more than you have to be for someone else’s negligence.

How much are Carbon Monoxide Poisoning Cases Worth?

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Personal Injury Attorney

Lawyers represent people who have been poisoned by carbon monoxide and suffered serious injuries from the effects of the toxic gas. When negligence was a factor, a carbon monoxide poisoning lawsuit can usually be filed against the building owner, landlord, manufacturer, building manager, contractor, maintenance worker, and so forth. Most negligence is the result of:

  • Faulty appliances or devices
  • Improper repair of appliances or devices
  • Poor ventilation, or lack of
  • Failure to comply with state regulations

Known Carbon Monoxide Settlements and Verdicts in the U.S.

Each year, approximately 15,000 people are injured by carbon monoxide exposure, and another 500 people lose their life. Whenever negligence was the reason for the exposure, the victim or their loved one can pursue damages for medical care, lost wages, pain, suffering, and more. The following settlements and verdicts have been awarded to victims across the U.S.

A family in Virginia suffered severe exposure and harm due to faulty building repairs. Their lawyer recovered damages for medical care, pain, suffering, and more.

A family filed a wrongful death lawsuit on behalf of their loved ones, a couple, who died from faulty repair work in Virginia. Funeral and burial costs, loss of future income, loss of consortium, and punitive damages were awarded.

In Wyoming, a 23 year old woman was poisoned by a furnace that was 30 years old and should have been replaced. The woman suffered a permanent brain injury and was awarded a significant amount of compensation by a jury.

In another case involving a faulty furnace, a young girl lost her life and her little brother suffered serious harm. Multiple parties were found to be liable and after mediation sessions, a settlement was reached.

In 2018, a young boy died in a North Carolina hotel room after being poisoned by carbon monoxide. His family filed and won a wrongful death lawsuit that included punitive damages.

The same hotel also paid a large sum of money to the family of a couple who died in the exact same room as the young boy.

In Colorado, a seven figure award was given to a woman vacationing in a home that did not have carbon monoxide detectors. She filed a lawsuit against the property owner for medical expenses, lost wages, pain, and suffering and other non-economic damages and won.

No two cases are alike and the results of one case cannot be used as any type of indication of what our carbon monoxide poisoning lawyers may obtain for you. What you should understand is that there is a strong precedent for reaching ample verdicts and settlements in cases that involve carbon monoxide poisoning .

How much is my case worth?

Until you speak with a lawyer, it is impossible to tell you what your case is worth. In general, the more serious the injury was, the more you will receive. Factors certainly apply and could increase the value of your case. There are statutes of limitations to file a lawsuit. The sooner a personal injury lawyer Milwaukee, WI offers is contacted, the more likely that important evidence can be properly gathered.


Thank you to our friends and contributors at Hickey & Turim, SC for their insight into carbon monoxide and personal injury cases.

I believe my doctor breached the patient confidentiality agreement, do I have any legal options?

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Personal Injury Lawyer

There are some relationships that, by their nature, mandate the consent of at least one party before any information can be disclosed to another party. Common relationships that require consent include a doctor and a patient, a therapist and a patient, and a lawyer and a client. Relationships like these typically involve sensitive information. The confidentiality agreed to upon the joining of the relationship serves to facilitate open communication. As a result all parties interests can be served to the best of the ability by the doctor, therapist, lawyer, and so forth.

If you believe a doctor breached the doctor-patient confidentiality agreement, you might wonder whether or not you can file a medical malpractice claim? This information focuses on doctor-patient confidentiality breaches. If you have further questions or concerns, you may contact a medical malpractice lawyer for further advice.

Understanding Doctor-Patient Confidentiality

Doctor-patient confidentiality is based on the idea that a patient need not be concerned about getting medical treatment out of fear that his or her symptoms, diagnosis, or condition will be disclosed to another party. The goal of this relationship based in confidentiality is to help patients to feel so comfortable that they will provide all relevant information. As a result, the doctor is better equipped to make an accurate diagnosis; thereby, provide the patient with the right medical treatment.

When a doctor retains a patient, the patient can expect that the doctor will keep their information withheld from other party’s; thus, it remains confidential and exclusive for the benefit of the patient. Furthermore, the doctor is not allowed to disclose any patient information to another party without the consent of the patient. The exception to this would include:

  • Issues related to health insurance
  • Issues related to a claim or lawsuit
  • The patient is planning to harm themself or another

Patient information may also be viewed by the doctors’ nurses, technicians, or other medical specialists treating the patient on behalf of the doctor’s orders.

What Does Doctor-Patient Confidentiality Cover?

The confidentiality agreement covers what a patient reveals to the doctor and any opinions or conclusions of the doctor after an examination. It also extends and covers every part of a medical record including:

  • Medical history
  • Pre existing conditions
  • Lab reports
  • X-rays
  • MRI scans
  • Mental health
  • Doctor-patient communications
  • Patient-staff communications
  • + More

When a Breach Occurs

A breach between the doctor-patient confidentiality agreement happens when the private information of the patient is disclosed to a third party without the consent of the patient. The exceptions to this would be disclosing information to:

  • State health officials
  • A court order

Under all states’ laws, patient confidentiality is protected. If a breach occurs, and causes harm to the patient, they could have the right to pursue compensation for medical malpractice, invasion of privacy, or other kinds of legal torts.

The Length of the Confidentiality

The confidentiality agreement continues even after the patient has stopped receiving treatment by the doctor. Depending on the state, it even survives the death of the patient. This means is the patient dies, his or her records will remain confidential.

Has Your Doctor-Patient Confidentiality Agreement Been Breached?

Your medical records should never been shared to another party without your consent. If that has happened, you should talk with a medical malpractice lawyer Phoenix, AZ trusts to find out what steps you can take to ensure this does not happen again, and that you are compensated for any losses that resulted.

 


 

Thank you to our friends and contributors at Rispoli Law, PLLC for their insight into medical malpractice and patient confidentiality.

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.