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Can I Qualify For TDIU?

VA TDIU lawyer

When you have suffered a disability after serving in the military, you could be entitled to be a recipient of a number of benefits.  You can depend on a qualified and knowledgeable lawyer who understands the Veterans Affairs and TDIU system, who knows how to advocate for disabled veterans. TDIU, or Total Disability based on Individual Unemployability, refers to a benefit system given to veterans who have some form of service-related disability which prevents them from sustaining long-term work. Individuals must apply for a TDIU rating through the Veteran Affairs website. Navigating the VA system when you have a disability can be a stressful and challenging experience. You deserve to receive the full benefit amount that you deserve, so don’t pass up your chance to talk to a lawyer who can help you obtain your rightful benefit amount.

How does TDIU work? 

A TDIU is awarded to veterans who are unable to work due to their service-connected disabilities. Generally, to be eligible, a veteran must have a single disability rated at 60% or more, or multiple disabilities that combined to 70% or more with at least one of those disabilities rated at 40% or more. But it is still possible to receive TDIU even if a veteran does not meet those rating requirements.

Am I eligible to receive VA benefits? 

You could be eligible to receive a compensation amount from the VA if you meet all of the requirements. Dishonorable discharges will qualify a veteran to receive compensation for their disability.  If you are unsure if you are eligible to receive benefits, or believe that your application was wrongly denied, you can contact a lawyer for further assistance. It is important to be aware that your benefits may be temporary, and it can become permanent only in certain cases, as decided by the VA.

What counts as a permanent and total disability? 

Disabilities are evaluated through a special rating schedule administered by the VA. A permanent disability is classified as a disability that likely will affect a veteran for the rest of their life. A total disability is for individuals who are considered to be completely disabled, and is determined according to how much it impacts a veteran’s functional ability, such as walking, lifting, and other functions. The VA relies on medical evaluations to make this assessment.

How do I submit a TDIU application? 

There are a number of ways that you can submit an application for TDIU. You can mail, fax or go through their online portal accessible on the VA website. There are a number of things that you need for your application, such as medical records, as a VA TDIU lawyer can tell you. If you need help with your application and would like to learn more about the full legal services available, call Greg at (800) 955-8596 for a free case evaluation today.

Is it Advisable to Pursue a Claim for a Bicycle Accident?

Getting injured in a bicycle accident can be devastating. Not only are you left with potentially severe injuries, but your mode of transportation – your bike – may be completely destroyed. You may feel like you do not have much of a shot of winning your bicycle accident claim if you file one. However, it is incredibly important that you fight to get the compensation you deserve when you were left injured after a person or car caused an accident while you were riding your bike. If you are interested in filing a claim, you should consider working with a lawyer you can rely on throughout the process. They can ensure you have everything you need for your claim and that you get your information and paperwork into the court on time.

What if a pedestrian injured me while on my bike? 

Many people might think they do not have a claim if they were injured by a pedestrian or another cyclist. It can seem like you would win your claim easier if a person driving a truck or car injured you. However, in any kind of bicycle claim, it is important to show how the other party caused your injuries. A trusted lawyer knows that when a pedestrian or cyclist injures you, it can happen in many ways:

How can you prove that another party injured you while you were biking? 

When you want to file a bicycle claim, you will need to prove certain things just as you would for another personal injury claim.

  1. The other party owed you a duty of care
  2. The other party breached this duty of care
  3. The other party’s negligence directly caused the accident that injured you

The driver of the car is blaming me for the accident. What can I do? 

One of the most important things you can do in this instance is not accept blame of any kind. You will want to speak with your lawyer as soon as possible when the other party is casting blame so that you can work on sorting out the timeline and the evidence for your claim. If the other party is successful in showing that you were partly at fault for the accident, you should still work to reach a reasonable settlement. Under comparative fault law, both parties can still recover damages under a personal injury claim.

It is important to speak with a lawyer as soon as possible after a bicycle accident to determine if you have the necessary evidence for your claim and to understand what kinds of damages you may be eligible for. Reach out to a trusted lawyer for more information on a claim today.

5 Ways To Avoid An Accident

Chances are you’ve been involved in at least one accident (or several) during your life, and you may have even used a Chicago car accident lawyer. While many accidents aren’t your fault, sometimes they are – in which case you may be wondering what steps you can take to avoid getting into another car accident. Whether it’s because of drunk driving, texting and driving, or simply being distracted, here are five ways to avoid an accident and keep yourself safe on the road according to our friends at Disparti Law Group.

1) Obey Traffic Laws

The first way to avoid accidents is by obeying traffic laws. The most important traffic laws to follow are speeding limits, signs and lights, stop signs, and yielding to pedestrians in crosswalks. Always be aware of what is going on around; remember, just because you are obeying the law does not mean the people around you are! Of course, you need to remember the number one traffic law out there: do not text and drive. This is a top cause for accidents, and you significantly decrease your chance of having one if you put down your phone.

2) Maintain Your Vehicle

Keep up with your vehicle maintenance as best you can. Always stay on top of your tire rotation, air pressure, and any other necessary automotive needs. Regularly check for any potential problems with things like headlights, taillights, or directional lights. That way if a small problem does develop you will be able to address it before it becomes more serious. As we get older our eyesight diminishes so ensure that your driver’s side rear view mirror is clean, not just so you can see behind you but also so that what is in front of you is not obscured by glare. It is important to take the time to actually test out the effectiveness of the mirrors by pulling off the road in order to ensure they are adjusted properly.

3) Wear Your Seatbelt

Statistics show that not wearing your seatbelt in an accident can put you in a worse position than if you were buckled up. Wearing your seatbelt could save your life or the lives of others on the road. You never know when an accident will happen, so always wear your seatbelt! Make sure there is nothing obstructing it, and make sure that you are wearing it properly. So long as your vehicle is on the road and/or moving, do not take it off. Wait until you are parked to do so.

4) Drive Safely

Driving safely means not speeding, obeying traffic laws, and being aware of your surroundings. It’s also important to remember that you never know when something may happen and it is better to be prepared for the unexpected. The first rule of driving safety is watching your speed limit and driving defensively in bad weather, like snow or rain. Lastly, always buckle up and keep distractions out of the car so you can focus on getting from point A to point B without incident.

5) Do Not Drink and Drive

According to the CDC, 1.2 million people were arrested for driving under the influence in 2016. The National Highway Traffic Safety Administration has found that one-third of all drivers involved in fatal crashes had some alcohol in their system at the time of the accident. If you or someone you know is not old enough to drink, take this as a reminder that drunk driving is illegal and can have serious consequences. Drinking and driving can be just as bad for your life and someone else’s, so make sure you are being responsible and accountable by always choosing a designated driver when planning on drinking, call a cab, or leave your car home if there is no other option.

If you get into a car accident, contact a lawyer immediately for help.

5 Unusual Personal Injury Case Examples

A personal injury lawyer Altamonte Springs, FL can help you in many ways when you’ve been injured in an accident, whether it was caused by another person’s negligence or by your own carelessness. Personal injury lawyers help with cases involving car accidents, truck accidents, motorcycle accidents, slip and fall accidents, dog bites, nursing home abuse, medical malpractice and more. This article will look at five unusual personal injury case examples that demonstrate how an attorney works to fight for the best possible outcome for their clients who have suffered injuries due to someone else’s actions or negligence according to our friends at Presser Law, P.A.

1) Falling Asleep on a Toilet Seat and Breaking Your Collarbone

One personal injury case that may seem unusual is when someone falls asleep on a toilet seat and breaks their collarbone. While this may sound like something that could never happen, it actually happens more often than you think. People fall asleep on the toilet for a variety of reasons, including taking a nap, using the restroom after drinking alcohol, or using the restroom after taking medication that makes them drowsy. Regardless of the reason, if you fall asleep on a toilet seat and break your collarbone, you may be able to file a personal injury claim.

2) Separating Shoulder from Humerus While Going Down Stairs

In one personal injury case, a man suffered a shoulder separation when he went down the stairs. The shoulder is attached to the humerus (upper arm bone) by ligaments. These ligaments can be torn if the shoulder is forced out of its socket. In this case, the man fell down the stairs and his shoulder was forced out of its socket, resulting in a separation. If you have fallen down the stairs and are injured, you may have a personal injury claim regardless of how severe the injury!

3) Fracturing Eye Socket by Pushing Lawn Mower

One personal injury case that may seem unusual is when a man fractured his eye socket while pushing a lawn mower. This type of injury can occur when the string on the lawn mower breaks and recoils, hitting the user in the face. Although it may seem like a freak accident, this type of injury is actually quite common. If you have been injured by a lawn mower, you may be able to recover damages by filing a personal injury lawsuit.

4) Lacerated Hand From Dog Bite

Animal bites can result in some pretty serious injuries. If you’re unfortunate enough to be on the receiving end of a dog bite, you could end up with a lacerated hand. This is when the skin is literally ripped or torn open, often down to the muscle or bone. It’s a painful injury that can require surgery and extensive medical treatment. If you’ve been bitten by a dog, it’s important to seek medical attention right away and then contact a personal injury lawyer to discuss your legal options.

5) Getting Hit by Speeding Car While Cycling

No one expects to get hit by a car while they’re out cycling. Unfortunately, it happens more often than you’d think. If you’ve been hit by a car while cycling, you may be entitled to compensation. A personal injury lawyer can help you understand your rights and get the compensation you deserve.

If you are injured, contact a personal injury lawyer immediately for help with your case!

5 Exercises that Seniors Should Avoid

Home Health Care

For seniors, there is nothing better than adopting a regular exercise routine. Expending energy through working out can strengthen the heart, embolden the brain, and even reduce the risk of a slip and fall.

Yet, it should be noted that not all workouts are created equally. Ask any home health aide in Palm Beach and they’ll tell you the truth: there are some exercises that are just not meant for seniors.

So, if you are designing a workout routine for your loved one: here are five exercises that it would be best to leave out.

Stair Climbs

This exercise should be omitted for two reasons. Firstly, it targets one of the most fragile joints for seniors: the knees. Actively engaging the knee joint can be especially fraught for those living with osteoporosis and other bone degenerative diseases.

Secondly, to climb stairs is to frequently shift your center of gravity. For seniors living with balance issues, this constant shifting puts them at high risk of losing their balance and suffering a fall!

Long Distance Running

We all want to fancy ourselves as marathon runners; yet, without proper training, a long run can put anyone at a high risk of injury. This is especially true for seniors. Long distance running places seniors at higher risk of becoming lightheaded on the trail. Longer runs tend to occur outside, a setting where individuals are more likely to suffer heat related illness.

Squats

For elderly individuals, squats have a penchant for causing injury. Without proper technique, seniors can accidentally overextend their knees past their toes, placing the cartilage at risk. The transfer of weight from squatting to standing is also problematic for those individuals living with balance issues.

Crunches

This is another sneaky exercise. Although it looks simple on the surface, it requires proper technique to avoid injury. Seniors can place their back at risk through incorrect posture in the starting and finishing position. By placing too much pressure on the neck, elderly individuals can accidentally strain or cause injury to their upper back.

Leg Presses

For seniors, this exercise is a common culprit of back injury. The natural lumbar curve of the spine is flattened when in the leg press chair. Extending and retracting the legs creates an unhealthy shift from curved to flattened spine. When you add heavy weights to the equation, the workout becomes especially rife for potential injury to the lower back.

Thanks to Andrew R. Lynch for their expertise in elderly legal assistance services.

Here’s Why You Need a Lawyer if You’re Investing in Real Estate

Here's Why You Need a Lawyer if You're Investing in Real EstateMaking money is nice, but having your money make more money is even better. It’s why people invest in the stock market, and it’s why people invest in real estate. But, as a real estate litigation lawyer like attorneys can explain, investing in real estate isn’t the money machine many people think it is.

It’s true that real estate can be profitable, especially if you invest in commercial real estate and rent your properties out to reliable tenants. But before you dive into the deep end of real estate investing, it’s important to think of some major challenges that come with real estate management – and it’s important to have a lawyer you can trust.

There’s no such thing as a perfectly safe investment. There’s always going to be hurdles, and owning real estate is no different. Aside from regular maintenance and ensuring your buildings are up to code, you’ll need to deal with the unexpected. In the event of a flood, you’ll have to sort out who owes damages, and battle with insurance. Fortunately, the right lawyer can help guide you through the next steps.

Nobody wants to find a meth lab when they check up on their property, but it can definitely happen. And if it does, you need to make sure you’re kept completely clear of the legal fallout. You’ll have to evict your tenant before he or she drags you down with them, and an experienced real estate litigation lawyer can help.

After months of searching and weeks of negotiating, you’re finally ready to pull the trigger on a property you can count on – but now the seller has decided to back out after you’ve already paid a down-payment and signed the required paperwork. A deal’s a deal, and the last thing you want is to be left empty handed after all your hard work. Time to lawyer up.

It can be difficult to remember all the ins and outs of a property, but a seller has a responsibility to keep you informed about your purchase. If the property seller willingly withheld important information that could have warned you away from investing in the property in the first place, you can contact a real estate litigation lawyer to help you get out of your unprofitable investment, or some form of compensation to cover the costs of whatever maintenance needs were neglected.

Don’t Dive in Without a Lawyer.

A qualified real estate lawyer can make the difference between a money-pit and a lucrative investment. When you decide to invest in real estate, you want your money to work for you – and you certainly don’t want to spend every other day dealing with another problem on your costly (and frustrating) property.

Get in touch with an experienced real estate litigation lawyer to make sure you aren’t making a faulty investment – and get the compensation and justice you deserve if you’ve been duped into a raw deal.

6 Steps to Take After Getting in Lyft Accident

Lyft Accident Lawyer

The last thing that you expect after getting into a Lyft vehicle is to get into an accident. Getting in a car accident can be a terrifying experience, but when you are using a service like Lyft it can be even more disorienting. If you get into an accident, it is important to understand exactly what you need to do so that you can protect your rights and gather what you need to file a claim. 

Call 911

As soon as you are able to, call 911 and wait for first responders to arrive. They will inform you of what to do while you wait. Stay at the scene and tend to any other injured victims if you are able to. Police may not be able to arrive at your location, but wait for the ambulance to arrive and follow their instructions from there. 

Get Medical Attention

Once the paramedics arrive, they will ask you if you want to receive medical attention and go to the hospital. You should always say yes because you will not know how injured you are unless you are treated by professionals. You may not notice the extent of your injuries due to shock. Seeing a doctor as soon as you can is also important because it will support your personal injury claim. 

Get Contact and Insurance Information

As a lyft accident lawyer to provide exceptional legal service and advice to clients, will tell you that you need to obtain important information like name, phone number, vehicle make and model, and insurance information. You will need to provide this to a lawyer so that they can have the information that they need to contact the parties involved and proceed with your case. If the parties do not want to give you their information you need to inform the lawyer that they were uncooperative. 

Take Photos and Video

While you are at the scene, if you are in good condition, you should take photos and record video evidence of all the damage. You should not forget details such as the interior of the vehicle, skid marks, damaged signs, and other important details that can help a lawyer build your case. 

Inform Lyft 

Call Lyft and report the accident to them. Give all of the key information and provide a detailed account of what you experienced. Let them know who your driver was and every party involved. Follow their instructions about other steps that you need to take while they process the accident report. 

Notify Insurance Company

Let your insurance company know that you were in a rideshare accident. They will tell you what to do and how your insurance policy applies. You can also ask your rideshare driver for assistance and they can provide you with information to notify the company. 

Getting into a Lyft accident can be a scary and traumatizing experience, but there is affordable and high-quality legal help available. Contact an experienced  Lyft accident lawyer now if you need timely legal assistance. 

Is A DUI Going To Mess Up My License?

Driving under the influence or DUI’s can cause a lot of issues and they affect every segment of our society. One question DUI lawyers deal with is this question of what will a driving while impaired charge do to my license? Impaired driving has a lot of collateral consequences, they can be extremely expensive, they can result in you taking alcohol classes, they can lead to jail and prison time, a DUI can cost you enrollment in certain schools and even take your job away. But what does a DUI or DWI do to your license? Learn more below according to our friends at Garrett, Walker, Aycoth & Olson, Attorneys at Law.

DUI Lawyer

Most impaired driving charges will revoke your license for 30 days from the date you were charged. Meaning from the day you were pulled over, you may have done a breathalyzer roadside, they call this a PBT or portable breath test, they may have had you do standardized field sobriety tests sometimes referred to as SFST’s. These tests can include things such as standing on one leg to check your balance and to see if you sway your arms or put your foot down. They can include the walk and turn test to see if your foot touched the back of your other heel for so many paces down, then have you turn the correct way, and then walk back. And typically for a DUI case, they’re looking at the Horizontal Gaze Nystagmus Test. This test is where they’re looking for an involuntary jerking of your eyes, referred to as a nystagmus. If you have alcohol in your system the National Highway Transportation and Safety Administration will say you have alcohol in your system. If there’s an up and down shaking, sometimes referred to as a vertical nystagmus then they’ll say you have drugs in your system. All of these tests help law enforcement develop probable cause to arrest you for DUI. Probable Cause is a reasonable articulable suspicion that a crime has been committed and that crime has been committed by you.

DWI Lawyer

After you’ve been charged with impaired driving, this will generally revoke your license for 30 days. After this initial period of revocation due to impaired driving, you should be able to get your license back. After you’ve received your license back you will continue to have it until your case is resolved. If you’re found not guilty, this means you’re free to go without any further restriction, however, if you’re convicted, this means you’re found guilty and your license is then revoked for at least a year and could be for a lot longer depending on several factors affecting DUI’s.

Impaired Driving Lawyer

We understand full well the importance of protecting your record from having a DUI charge and also just how important it is to have a license. DUI’s  are very involved that’s why you need to speak with a top rated DUI lawyer. They write the book on DUI’s and they can help you, a loved one or a friend with any issues that may arise with an impaired driving charge.

Top 5 Reasons To Hire A Personal Injury Attorney

Below are the top 5 reasons to hire a personal injury attorney for your car accident case. Aside from the experience a car accident lawyer possesses, there are many other benefits to obtaining counsel after an accident.

  1. The first reason to hire a personal injury attorney after an accident is that they may get you a bigger recovery.

A study done by the Insurance Research Counsel (IRC) found that accident victims who hired an attorney recovered 40% more money for their accident than people who were not represented. This is a substantial difference in numbers that should not be taken lightly. This shows that insurance companies are not taking unrepresented people seriously after an accident.

Hiring a personal injury lawyer who is willing to fight until the end is important. Ensure that your personal injury attorney has had experience in negotiating with insurance companies so that you don’t leave money on the table.

  1. The second reason to hire a personal injury attorney is that they know how to collect necessary evidence.

A personal injury attorney knows what is necessary to build a strong case against the defendant or insurance company. First, an experienced attorney will start by collecting information from the client. A detailed checklist or intake form should be provided to the attorney so that the attorney knows the details of the case. With that information, the attorney can then use it to find other evidence necessary to get you a recovery. For example, if there is a liability dispute in your case, a personal injury attorney will be able to find video evidence, gather witness testimony, and collect pictures of the accident scene to prove you were not liable for the accident.

The attorney will also collect the crash report, medical records, medical bills, and other evidence to establish your injuries. Creating a trail of evidence will create a stronger case against the defendant or insurance company.

  1. The third reason to retain a personal injury attorney is that they can send you to the right places to get treatment. 

An experienced personal injury attorney should have many connections in the community to ensure that you receive the best possible treatment. Everyone knows that medical treatment is expensive. For that reason, a well-connected attorney can help manage that expense. Specifically, the attorney can provide certain treatment facilities a Letter of Protection so that you can be treated without paying for the cost upfront. Instead, the treatment facility will be able to treat a patient on a lien that comes out of the settlement proceeds.

  1. The fourth reason to retain a personal injury attorney is that they are capable of filing a lawsuit. 

Handling a personal injury claim by yourself can be daunting. Aside from the intimidation factor, insurance companies know if you file a lawsuit pro se, there is a chance you make a mistake or do not know how to do it. Getting an experienced personal injury attorney involved puts pressure on the insurance company to settle your claim for a reasonable value or get sued. Insurance companies understand that if an experienced attorney feels that the settlement offer is not reasonable, they will file a lawsuit.

  1. The last reason to hire a personal injury lawyer is that they are on your team throughout the entire process. 

Once you hire an attorney to handle your case, you can rest assured that you are in great hands. Once you find an experienced attorney, they will do everything in their power to ensure that your case is handled with care and that you are fairly compensated. You will not have to wonder whether you are collecting the necessary evidence or saying something incorrect to the insurance company. An experienced attorney has gone down all of the paths and knows what it takes to move a case forward.

Above are the top 5 reasons to hire a personal injury attorney. If you or a loved one has been involved in an accident, contact an experienced personal injury attorney today for a free consultation.

Spotting The Signs Of Elder Abuse In Nursing Homes

Nursing Home Abuse Lawyer

Elder abuse doesn’t just happen out in the world — it can happen right under your nose, even in nursing homes. Although some people think that abuse only takes place in isolated cases, it actually happens much more often than you might think. Unfortunately, it’s an issue that isn’t given the attention it deserves; many patients are afraid to speak up about what’s happening to them, and there aren’t enough people who check on them and make sure they’re safe, which is why you might need a nursing home abuse lawyer. Our friends at Disparti Law Group have put together some signs to help you recognize elder abuse.

Changes in Activity Level

Pay attention to changes in your loved one’s usual activity level. If you notice a sudden drop-off or a sharp decline, it could be a sign that something is going on. If you notice any increased apathy or physical lethargy, there may be an underlying medical reason or it could be that they are feeling depressed due to elder abuse. Either way, take note. If this continues for a few days, make sure to call their doctor. A change in appetite is also cause for concern and can indicate illness or depression as well as abuse. Watch out for rapid mood swings from calm and happy to crying spells and outbursts quickly followed by periods of serenity

Appearing Nervous

A nervous appearance is one of the signs that your loved one may be at risk for abuse. In nursing homes, your loved one’s condition may make them appear jittery or nervous, especially if they’re entering a new living situation. According to an investigation, residents are often medicated with anti-anxiety drugs to make them easier to manage. If your loved one seems overly nervous, it could be their medication playing tricks on them. It’s also important to know that dementia can sometimes cause unusual behavior. These symptoms aren’t necessarily abuse related; however, it’s still worth raising awareness among staff members if you see such changes in behavior.

Unexplained Injuries

Any unexplained injuries require immediate attention and possible legal action. The most common signs of abuse are unexplained bruises, bed sores, unexplained broken bones, or untreated injuries. If you see any of these injuries on your loved one during a visit to a nursing home, ask questions about them and look for answers that make sense. Any concerning information should be brought to your attorney’s attention as soon as possible so that they can begin investigating whether abuse is taking place at that facility.

Missing Clothing or Valuables

Are any clothing or valuables missing from your loved one’s room? This could be a sign that they’re losing their sense of autonomy. If you notice several items missing, there may be an issue with a staff member. You should report any suspicious behavior to your loved one’s doctor and his or her administrator.  If you believe this is happening because your loved one can’t afford to buy new clothes on their own, discuss this concern with the social worker on staff. They might offer help.

In the meantime, contact a nursing home abuse lawyer today for help with your elderly loved one that may be showing signs of abuse.