24/7 Live Call Answering

(470) 558-0495

Category: Uncategorized

5 Common Mistakes In a Personal Injury Case

It’s important to be aware of the common mistakes in an injury case. While you may have a strong case, there are some things you can do to ruin your chances of winning.

If you’ve been injured due to the negligence of another, it’s important to understand the common mistakes that can hinder your injury case. While you may have a valid claim, there are some things that you can do on your own that will harm your chances of a successful outcome. It’s important to consult an experienced personal injury lawyer like Therman Law Offices, LTD after an accident as soon as possible so that you don’t unknowingly cause damage to your own claim.

Here are 5 common mistakes made in an injury case:

  1. Not Hiring a Personal Injury Lawyer

If you were injured due to the negligence of another person or company, it is best to hire an attorney as soon after the accident as possible. A personal injury lawyer like Therman Law Offices, LTD will be able to guide you through the process and tell you what information is best left out of any statements or documents provided during the course of the investigation or trial. Your lawyer will also handle all communications with insurance companies so that they cannot take advantage of you by getting you to make statements or sign documents that will damage your case. Your lawyer will also know how much compensation is reasonable for

  1. Don’t Lie to Your Personal Injury Lawyer

Some clients lie to their personal injury lawyers about their injuries or how their accident occurred. They do this because they are afraid that the personal injury lawyer will not want to accept the case if they tell him the truth. If a client lies to his personal injury lawyer and the personal injury lawyer accepts the case, this is a problem for both parties if the truth comes out later. If it comes out later, it may cause the jury to not trust anything you have to say and harm your credibility.

  1. Don’t Delay Seeking Medical Attention

You need to seek medical attention after an accident immediately and continue with treatment until you reach maximum medical improvement (MMI). There are many reasons why you need to seek medical attention immediately after an accident occurs and continue with treatment until you are completely healed.

  1. Signing documents from the insurance company without having them reviewed by a personal injury lawyer

Insurance companies are not in business to pay claims; they want to minimize their payout on the claim. The adjuster may seem friendly and helpful, but he or she is not your friend and does not have your best interests in mind.

Before signing any document from the insurance company, speak with an experienced personal injury lawyer about its contents and whether it might hurt your claim down the road. Many times we see clients who sign documents that limit their rights without realizing what they were signing.

  1. Don’t Wait Too Long To Call A Personal Injury Lawyer

An injured victim needs time to recover from their injuries before suing the responsible party. As your personal injury lawyer, the Therman Law Offices, LTD will handle all aspects of your case so that there is no added stress on top of how things are already. With the Therman Law Offices, LTD’s support, you can focus on regaining your health instead of worrying about anything else. We will fight for your rights while providing compassionate care throughout this challenging process.

Get Help When Insurance Agents Refuse to Settle

Car Accident Lawyer

After a car accident, you may be experiencing various emotions in addition to the physical pain of your injuries. This can be a difficult time for your as you try to navigate the different medical appointments you have and determine whether you would like to file a personal injury claim. Unless your injuries are very severe after a car accident, it can be hard to tell if filing an injury claim is the right move. You may be wondering if it is simply too much hassle and whether you will even need the help of a lawyer. The truth is, it is never a waste of your time or effort to reach out to a personal injury lawyer you can trust to discuss your claim and determine whether you have what is necessary for a personal injury claim.

Trouble With Insurance Companies

By far, one of the worst aspects of filing a personal injury claim after a car accident is dealing with the insurance company that will be involved in your claim. Insurance agents are all too happy to get you on the phone talking about the accident and discussing your injuries. If you are new to filing a personal injury claim, you should understand that they do this to get you to reveal as much information as possible, not so they can empathize and help you with your claim.

What To Do When Insurance Companies Refuse to Settle Claims

Many people are surprised to find that insurance companies will get on the phone with you, check in to see how you’re doing, then flat out refuse your claim. A car accident lawyer knows that when it comes to being helpful, that is not an insurance agent’s job. Instead, their job is simply to make sure their insurance company spends as little as possible on your claim, whether it is refusing your claim or giving you a lowball offer. If you are not working with a lawyer, you may think this is the end of the road. After all, the insurance company gets the final say, right? Wrong. You have every right to argue against their decision, but this could be much easier with the help of a lawyer.

You may find that the insurance company tries to delay the claims process (often done to encourage you to give up) or that they may try to intimidate you. One of the best things you can do is work with a lawyer you can rely on who will be more than happy to negotiate with the insurance company on your behalf.

If you are interested in seeing how a lawyer can help you with your claim, reach out to a local law firm today.

What Does Homeowner’s Insurance Cover?

Personal Injury Attorney

When an emergency arises, you might turn every which way to find compensation. You can’t always predict the disasters that are going to happen in your life, but you can protect yourself with proper insurance. If you recently experienced a tragic incident, you might wonder if homeowner’s insurance will help to cover the costs. The following are some types of coverage your homeowner’s policy might cover.

Contact a personal injury attorney today to advise you on the types of coverage a homeowner’s insurance policy provides.

Personal Property

One of the neat things about personal property coverage is your property is covered regardless of where the damage is sustained. Many times, it is damaged in or around your home, but not always. For example, if “personal property” in your policy includes your bicycle and you are hit by a car while in another town, your homeowner’s insurance coverage could pay for you to get your bike repaired or replaced. If “personal property” in your policy includes jewelry and yours is stolen from your hotel room while on vacation, coverage could pay for a replacement.

Dwellings

Dwelling coverage is what helps you financially recover if your home needs a repair or rebuild. Whether you experience a fire or another disaster included in your homeowner’s insurance policy, it will cover repairs or replacement of the cabinets, plumbing, foundation, deck, flooring, utilities and more. If you have a detached garage or shed, those could be included as well under “other structures.”

Additional Expenses

If you can’t live in your home for a time while it is being repaired, loss of use coverage steps in to cover the additional living expenses you’ll incur. This includes temporary residency costs such as rent and utilities. Most policies will only cover these expenses for the shortest time it would take someone to reasonably rebuild or repair a home. If your home gets destroyed beyond repair and you choose to relocate altogether, you would typically receive payments until the time you move into your new residence.

Liability

When someone is injured on your property, liability coverage is essential. Perhaps your dog bit someone who was visiting one of your children. Maybe a crack in your sidewalk made an elderly neighbor trip and fall. In any of these cases, you could be sued and taken to court. With proper insurance coverage, you might be able to avoid the lawsuit.

Contact a Lawyer Today

Regardless of the situation you have found yourself in, there are many tragedies that homeowner’s insurance covers. Contact a lawyer today to learn whether your particular situation qualifies for compensation.

Hit And Run Accident

Car Accident Lawyer

Car accidents are incredibly ugly events. You’re heading home or heading somewhere that you need to  and someone collides with you with their car. The experience is traumatic and you suffer a few injuries; the first and only thing on your mind is that you get justice for what has occurred to you. But instead of staying at the scene the other driver whose car for some reason still works drives away. Instead of facing the music, the other driver decided to be a coward and flee the scene, making getting justice for your injury much more difficult. After all, how can you sue a person when you have none of their information to give to a car accident lawyer or officer?

This is called a hit-and-run any event in which someone crashes into you with their vehicle and drives away before any exchange of information or before the police arrives. This incredibly unfair action often results from the other driver anticipating very severe consequences from having to see another police officer in the state that he/she is in (being in a car accident)  So they flee instead hoping to god that they don’t get caught.

There are the minor consequences of just being in a collision which are mostly paid for by your insurance resulting with a hike in your monthly premiums and assuming that you were following the rules and driving in a manner that your state laws demand, there won’t be much more than that. However, hit and run consequences are far more severe. A hit and run is classified as a felony meaning that if charged, you could spend up to a year in jail, face heavy fines, or both. Along with that, it’s an automatic driver’s license suspension.

But given that hitting someone and running away is an incredibly cruel act sometimes this just isn’t enough. Victims can ask for compensatory damages which are made to pay for losses like medical bills, time away from work, property damage, and pain and suffering. Even more, they can ask for punitive damages, which are thrown on just for the purpose of punishing the defendant  for irresponsible and “outrageous” behavior.

If you’re the victim of any kind of accident make sure you get the make, color, and model of the car. While surveillance footage (if captured) can provide this information, you can’t always expect there to be an outside source to identify the car and it’s better to take matters into your own hands. That way in the event of a hit and run, you’ll surely have the other driver’s car info and you’ll be sure to catch them.

Thanks to Andrew R. Lynch for their expertise on hit-and-run car accidents.

Steps To Take In Order To Heal An Injured Knee

It is always important to see a doctor at the onset of any kind of pain. This is why if you are experiencing any kind of knee pain, you should see a knee pain doctor, as soon as possible. He or she can rule out anything serious and give you treatment ideas for moving forward. If you were injured in an accident caused by someone else and need a personal injury lawyer, be sure to contact one right away to begin seeking compensation. Here are some other steps to take in order to heal an injured knee: 

See a Doctor

The first step to treating knee pain is always going to see a knee pain doctor. He or she will oversee any additional treatment that you decide to undergo so that everything can be confirmed safe to do with any health conditions you may have and to make sure you are doing some of the best things to relieve your knee pain. Your doctor will also be able to recognize if your knee pain is being caused by something serious, ensuring that you get any immediate treatment if necessary. 

Go to Physical Therapy

Physical therapy is often one of the best things you can do for any kind of chronic pain. It is a great alternative option to surgery if your knee pain doctor believes that strengthening exercises and stretching may be able to help ease your pain. Sometimes, surgery is unavoidable, but other times a physical therapist can help you avoid it by using natural techniques. Some of the most common things you will do at physical therapy include getting manual manipulation to help facilitate movement around the knee, strengthening muscles surrounding the knee to put less pressure on the joints, and learning gentle stretches to do on a daily basis to keep your knees healthy. Your PT will give you things to do at home so that you can work on making your knees healthy for the long term. 

Be Diligent About Diet and Exercise

Depending on what is wrong with your knees, you may be able to help slow the pain or even make it better by eating well and exercising properly. It is important to never overdo it, but to also keep things moving and healthy. You can eat certain supplements or even change to an antiinflammatory diet to prioritize pain management and the health of your knees. Your knee pain doctor will likely have suggestions, but you can also speak with a nutritionist who can assist with this. 

Contact a Doctor Today to Make a Plan

Your very first step should always be to reach out to an experienced knee pain doctor who can refer you to the proper medical professionals for the issues you are facing. He or she will be able to speak with everyone involved on your behalf to figure out how to make you the healthiest person you can possibly be. 

Submitting a Wrongful Death Suit?

Wrongful Death Lawyer

You might pursue a wrongful death suit when a loved one dies as the outcome of another individual’s legal fault. Examples of such an at-fault individual consist of a driver in a cars and truck accident, a bartender who served alcohol to an individual who then drove, a doctor or physician, or an owner of an organization that failed in the upkeep of their home, along with others.

The statutes for wrongful death vary for each state. Normally, the statutes of the state specify who is permitted to sue for wrongful death and offers limitations on the amount that can be offered for damages. Upon their creation, these kinds of suits aim to provide financial backing for orphans and widows.

When Wrongful Death Claims Apply

Wrongful death claims may emerge after a situation where a victim who could have lawfully submitted a personal injury claim versus another celebration dies as a result of the wrongful actions of the defendant. Numerous circumstances might result in this taking place, consisting of the following:

Deliberate Killing

If a single person intentionally kills another, a wrongful death claim may apply. For instance, if the defendant murders the victim, the offender will face charges in a criminal case. The households of the victim may also bring forth civil claims for wrongful death against the accused. The wrongful death case represents a civil matter, different from the criminal case.

Medical Malpractice

If a doctor fails to identify the condition that triggered an individual to pass away, or if the doctor acts negligently with the care that they supplied to the victim and the client passes away because of this recklessness, survivors may potentially file a wrongful death claim against the doctor and other treatment companies included under recognized medical malpractice statutes.

Car Accidents

If a person passes away as a result of an auto mishap, and detectives discover that the person who triggered the accident behaved negligently behind the wheel, a wrongful death lawsuit might likewise apply. Some examples of neglect while driving include: driving while intoxicated, not following traffic laws, and reckless driving.

Aspects of Wrongful Death Lawsuits

In order to bring forth a wrongful death lawsuit, several aspects should exist:

You should submit a wrongful death case within the time constraints set forth in the statute of constraints for the state where the person passed away. However, you might sue after this time if an examination of the death does not figure out the cause of action till a later time.

 

Accident Injury Lawyer

How Will My Accident Injury Lawyer Bill Me?

 

If you have to hire a lawyer for a personal accident injury, you might be concerned about how you’re going to pay for his or her services. How do lawyers bill their clients? It depends on the lawyer, the lawyer’s expertise, the type of case and a variety of other factors. The following are a handful of billing options lawyers often use.

Contingency Fees

Personal injury lawyers are especially known to bill on a contingency fee basis. Once your case has concluded, the lawyer would take a certain percentage of your settlement, so you wouldn’t have to pay any lawyer fee upfront. Many lawyers charge anywhere from 30% to 40%, and sometimes lower or higher. If the case is lost and you don’t receive a settlement, you wouldn’t have to pay the lawyer for services. If you can’t afford attorney fees, this is often a great option.

Hourly Rates

Some lawyers bill their clients at an hourly rate. This is a straightforward way for lawyers to ensure they receive compensation for their services regardless of whether the case is won. Billable hours could include time spent in court appearances, filing documents, analyzing evidence, communication, traveling and various other tasks. You should speak with your attorney to find out what his or her hourly rate is as they significantly differ from lawyer to lawyer.

Flat Fees

If a lawyer understands your type of personal injury case, he or she might charge a flat fee. Some lawyers only handle a very specific type of case, and will know how many hours to expect to spend on the case. While it’s not common that a personal injury lawyer would charge this way, it is a possibility.

Retainer Fees

Not every lawyer asks for a retainer fee, but many do. Whether the lawyer charges a contingency fee, hourly rate or flat fee, he or she might ask for a retainer as a downpayment for services rendered. Retainer fees are also used as security deposits in the case a client can’t pay a remaining invoice.

Additional Expenses

Keep in mind that while your attorney might bill a particular way for services, that billing doesn’t always take care of every expense. An attorney who charges on a contingency fee basis might ask you to pay for filing fees and investigative costs as they arise, for example. These are things you should speak with your lawyer about so you know what to expect beforehand.

Understanding Legal Fees

If you are worried about how you’re going to pay your accident injury lawyer for a personal injury case, realize there are several different ways that lawyers charge. Contact a personal accident injury lawyer from a reputable law firm such as Yearin Law Office today to understand more about legal fees and the way they are billed. 

Getting Medical Attention After A Car Crash 

The minutes and hours after a truck crash are a blur. Some folks are rushed off in an ambulance, but the majority of folks wait around for the police to arrive and to check out the damage to their cars. They want to deal with what’s in front of them and want to get home safely. If there is pain, that is something they will deal with later or tomorrow.

And for many of those folks, that pain will go away after a few days and life will go back to normal once the property damage is sorted out.

But for some, the pain will linger, get a little worse, and never really go away. 

So, let’s take a look at how to get medical attention after a truck crash.

–          For those who are taken to hospital, they are immediately under medical care. The ambulance records will usually record the initial complaints  and if the patient is conscious. The emergency room will usually do some x-rays and look for cuts and bruises. However, that is where most of the care ends unless there is an immediate problem that requires hospitalization. Most emergency rooms want you out of the hospital and to follow up with an outside doctor. 

–          For those who go home and experience a lot of pain, they often decide to go to the emergency room or to an urgent care. Again, this is usually only limited medical treatment where they do some x-rays and recommend that you follow up with an outside doctor.

–          Some people will wait and make an appointment to see their regular doctor if they have one. Usually, this will be limited treatment also because your regular doctor does not specialize in treating truck accident injuries such as spinal injuries. You can ask that doctor for a referral. 

–          Most truck crash victims end up seeing doctors, physical therapists and chiropractors who are used to handling car accident cases. This makes sense for a number of reasons. They have the network to refer you to different specialists. For example, a pain management doctor will get you to an MRI facility or orthopedist quickly if you have knee pain. Also, their offices are set up to handle payments from car and auto insurance companies which is different from the health insurance companies your regular doctor is used to. That will save you a lot of headaches. 

Dealing with these medical appointments can be frustrating and takes a lot of time and travel out of your life. Here are a few things to remember:

–          Getting medical treatment will help you. Even if the pain does not go away, it usually gets less painful and the medical providers will teach you exercises and ideas to help you ease the pain after the treatment ends.

–          If you have a standard automobile policy, you probably have good medical coverage that will cover most of the treatment and won’t leave you facing enormous medical bills. 

–          If your injuries do not get better and you end up filing a lawsuit, the medical treatment is a guide of how you were doing in the weeks and months after the crash. This can be very helpful in explaining your injuries to a judge and jury. 

 

 

How I Should Respond to a Bad Faith Insurer

Insurance Denial Lawyer

Policyholders who are interested in filing a lawsuit against their insurance company may wonder if they have a strong enough foundation to do so. If you are reading this, you may be deciding whether or not to actually go through with suing your insurer over an unlawful mishandling or denial of your claim. It is not uncommon for policyholders to also consider meeting with an attorney about this issue for a little extra advice along the way. In the article below, we have addressed a series of concerns policyholders may have about what to do next about a bad faith insurer.

What if My Insurer Denied Coverage?

If you filed a claim to your insurer but you were denied coverage, you don’t have to take that denial as a final answer, as an attorney, as an insurance denial lawyer can explain. You can examine your contract to confirm that what you are requesting was in fact included in your agreement. If it was included in your contract, then you can appeal the claim. Many people may not realize that you can take legal action if your insurance company breached your contract.

What are Examples of Deceptive Insurance Company Practices?

Policyholders may be distressed if they are experiencing resistance from their insurer after diligently making payments every month. It may seem as though insurance companies are happy to help you – at least up until you actually have to file a claim regarding an accident, fire, earthquake, or something else. Your insurer may commit the following deceptive practices when responding to your claim:

How Should I Respond?

Policyholders who are at their wits’ end from dealing with their insurance provider may consider hiring a legal professional for insight.

It can be very challenging for those recovering from an unexpected life event to also be in the midst of a claim battle with their insurance company. Unfair behavior on behalf of an insurer may not only be frustrating but also unethical. The majority of policyholders who invest their money in insurance companies reasonably assume they will receive support if the need ever arises. Having to jump through hoops and leave repeated voicemails without much luck is not only poor service but could be a tactic used by your insurer to help escape obligation.

If you have tried all you can and still have not found success with your insurer, it may be time to meet with an attorney. Insurers of bad faith may find any way to unlawfully deny, delay or minimize your claim.

 

Defining a Survival Action

It is painful to lose someone you love, and it is even more heartbreaking when such a loss places you in financial peril. However, while there are legal tools to help make yourself whole, such as wrongful death actions, how do you seek justice for the person who died?

A survival action is not a lawsuit for the survivors in a family. Instead, the case is brought on behalf of the deceased to help rebuild their estate. Unlike with a wrongful death lawsuit, the executor of the estate will typically file a survival action.

Common Damages Filed in a Survival Claim

Many people are surprised to hear that pain and suffering are a part of a survival lawsuit. In fact, it may surprise many to see the similarities between damages brought in survival cases and those filed in personal injury claims.

The decedent’s representative can file for the recovery of medical expenses and property losses. However, the most significant damage set will focus on the loss of potential future gains through a job or other opportunities.

The Survival Action Clock

While the decision to file a lawsuit is complicated, representatives must understand that there is a statute of limitations in many states. Many jurisdictions will limit legal action to two years after death; although, some areas may make exceptions because of the complexity of survival suits.

The Right Attorney for the Job

Finding the right lawyer to take your survival action to trial or settlement negotiations is crucial to your success. An experienced and specialized attorney will face better odds during negotiations and will understand the law enough to make measured and rational arguments should a case go to trial.

Too many people hire a lawyer based solely on price, but if you do not review their trial experience and success rate, you risk the estate of the decedent. Instead of hiring the first lawyer you come across, make a list of the top ten or more, and consult with each. Ask for references and check reviews. Also, dig into the professional record of any favored attorneys by contacting the state bar association for record inquiries.

When filing a survival action, the case is about the deceased person and their estate; it is about rebuilding their estate for their beneficiaries. When researching attorneys, take your time and do not be afraid to contact several local estate lawyers to help narrow down your decision. If you need help with a wrongful death lawsuit, contact a wrongful death lawyer.