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Steps for Talking to the Other Driver’s Insurance

When you get in a car or motorcycle accident that was caused by someone else, you’ll want to file an insurance claim to be able to pay for any medical and/or damage repair bills. When the accident is another driver’s fault, you file the claim with their insurance company. This can come with complications and difficult negotiations, as many insurance companies try to pay as little as possible to cover your expenses. It isn’t unusual for a company to send out their own investigator to determine what happened, and you may be contacted by the company directly. They can use anything you say against your own claim, so it’s essential to know what to say if you have to speak with them.

Do You Have to Speak with an Agent from Another Insurance Company? 

First and foremost, you are never legally obligated to speak to the other insurance company, but they may call to question you about the accident. During this discussion, they may try to weed out statements that prove you were partially at fault for the accident or that your injuries are not as bad as you have claimed. It is generally better not to talk to them at all to prevent any missteps that could negatively impact your case.

When Is It Advised to Speak with the Other Insurance Company?

The only time you may want to consider speaking to them is when they have the facts about the accident blatantly wrong because the other driver has lied or has not informed them. Instead of talking to an agent yourself, it’s a good idea to have a lawyer speak to them on your behalf. Lawyers have ample practice when communicating with insurance companies, and they always have your rights in mind when doing so.

What Should I Say if I Have to Speak with Them?

If you need to speak to an agent, never tell them anything more than they ask, and don’t inform them about the extent of your injuries. If you think your injuries are minor or that you may have been partially responsible for the crash, don’t report this. In addition, don’t give them permission to record your statement. Only relay the facts as you remember them, or tell them you simply don’t know, as that is a valid answer too.

Many people feel uncomfortable speaking to agents, and you can always contact a lawyer for help or representation. Having a motorcycle accident lawyer, speak to them in your place can ensure you aren’t accidentally risking your chances of compensation.

Alimony Payments

Personal Injury Attorney

Alimony can become a heated element in divorce. If your marriage lasted many years, and your spouse was underemployed or unemployed, you may face temporary payments after you separate. The money you make and the contribution your spouse made to the marriage are taken into consideration when payments are calculated. Discover what might determine whether you have to pay your former spouse or not.

Does Your State Have Alimony Laws?

States get to create their own laws for how they want people to handle divorce. These laws set out things such as dividing property and the basic shape a child visitation agreement should take. It also sets out the parameters for alimony or spousal support. In some states, the provisions are strict, and in others, the length of the marriage is the only thing considered. Regardless, it is important to keep in mind that a judge can award alimony to your spouse even if your situation doesn’t fit into the statutory requirements.

Are You the Primary Breadwinner?

One thing that determines whether you are on the path to paying alimony is if you are the high-dollar wage earner. When one spouse makes significantly more than the other, there is a reasonable expectation that equalization payments may be made. These come in the form of either a one-time lump sum payment or through alimony. Remember that maintenance is rarely a lifetime requirement. The length of time is usually based on how long you were married and the health of the spouse receiving payments.

Did Your Spouse Sacrifice a Career To Raise Kids?

When couples start a family, they have to face many choices that may change the course of their professional and personal plans. One of the biggest is whether one spouse will stay home to care for the kids. This is usually the lower-earning spouse or the one who prefers to stay home. This type of arrangement leaves that stay-at-home spouse without an income for years. Thus, alimony is meant to help support the recipient for a prescribed time. The person who is getting paid may face requirements along the way. A court may believe that your ex has the skills and abilities to become employed gainfully in a shorter period. Thus, the alimony payments may end sooner rather than later.

Factors That Can Affect the Length of Your Car Accident Settlement

Being injured in a car wreck can send your life into a tailspin. Physical injuries, property damage and even mental trauma stemming from the wreck may affect you for months afterward. Filing a lawsuit against the negligent party can help you recover compensation for medical bills and lost wages, but since every case is unique, you may want to be aware of a few factors that can affect how quickly you receive any compensation.

  1. Insurance Company Interference 

When a driver is at fault for an accident, his or her insurance company may try to downplay the negligence or extent of your injuries. They may also offer you a reduced amount for your totaled vehicle or coax you to settle for an amount that is far less than what your claim is actually worth. While most car accident settlements usually take a few months to resolve, insurance company interference may cause it to drag on longer.

  1. Questions of Liability 

When a car accident occurs, one of the first questions that usually arises is who was at fault. This may be difficult to prove in some cases, and one of the best ways to do so is to retrieve police and witness reports to submit to your attorney. If you are found to be partially at fault for the accident, you may receive a reduced amount that subtracts that percentage from the value of your damages.

  1. No-Fault Laws 

If you live in a state that operates under no-fault car insurance laws, then your ability to sue for damages may be somewhat limited. In these states, each driver is covered under his or her own insurance and requires what is called Personal Injury Protection. In the event of an accident, this coverage pays for your medical bills and your ability to file a lawsuit may not be possible. States that operate under no-fault laws do so to reduce frivolous car accident claims. Your attorney can advise you on how to proceed if you reside in a no-fault state.

  1. The Extent of Resulting Damages 

When a car accident happens, you may have only a few injuries, those that are not apparent until days or weeks later, or catastrophic physical trauma that will change your life forever. In most cases, the more damages you incurred, the greater the value of your case and the longer it may take to resolve it in court.

When you are injured in a car accident, you may not know where to turn for assistance in the aftermath, but help is available. 

Your Car Accident Settlement Timeline

Deciding to file a claim for a car accident can be no big deal, or it can require an enormous amount of time and effort. This depends on the size of your claim, if you are trying to prove that the other driver was negligent and/or if there are any complications along the way. Straightforward claims can take just a few months from start to finish, but more complex ones require more back and forth with insurance companies. Here are the factors that affect how long it takes to reach your settlement.

Overall Contributors 

The things that contribute to the length of your settlement vary from person to person. They can include the severity of your injuries (or waiting to see if new injuries emerge), the time it takes to assess damages, the time it takes the insurance company to reply to your claim and any difficulties you encounter trying to prove your case. Hiring an experienced lawyer to deal with your claim can help speed up the process, but that is no guarantee that you’ll receive your settlement quickly.

Proving Negligence and Damages

One of the biggest obstacles you face in receiving a settlement is proving that your damages and injuries were caused by the accident, and that the other driver was acting negligently. Oftentimes, you must provide some evidence that shows the other driver acted recklessly, wasn’t paying attention or was under the influence of alcohol or drugs. The other driver’s insurance company will try to undermine your statement by looking for weak points that may place some of the blame for the accident on you, in which case they wouldn’t have to pay as much.

Average Timelines

There is no one definite timeline you can count on for your settlement. An insurance company may refuse to pay, and you must be prepared to wait longer to get compensation as you work with them. The most general average is anywhere between two to 12 months, but it can also take up to several years.

You can ask a car accident lawyer in Indianapolis, IN, like from Ward & Ward Personal Injury Lawyers, for an assessment of your claim to see how long they think it will take to reach a settlement. Even with all their experience, they may still not be able to give you an accurate time, but you can work with them to get a better understanding of the process. Before you dive into a claim, sit down with them to discuss every aspect of your case so that you are prepared for a potentially long road ahead.

Embezzlement Charges Explained

Personal Injury Lawyer

When people consider embezzlement, they usually think of schemes involving millions of dollars, but in reality, you can be charged with this crime for much less than that. Embezzlement is taken very seriously, so if you’re facing this charge, contact an experienced lawyer, as soon as you can.

What is embezzlement?

In most states, embezzlement crimes involved the theft of money or property by someone who was entrusted to take care of it. It can mean misappropriating a large or small amount of money or property at once or over a period of time. A person embezzling usually makes an effort to cover it up, such as creating fake invoices or bank accounts or moving money between banks.

How is embezzlement different from theft?

Embezzlement may sound like theft, but these are two different crimes under state law. This act is different from theft in a few key ways, including the ones listed below.

Penalties for embezzlement

The potential punishment for embezzlement in this state depends on how much money or property was taken, the nature of the trust relationship, how long the embezzlement went on, the defendant’s criminal history — if any — and why the property or money was taken. The nature of the property — whether it was private or public — also impacts the charge and penalties involved.

For private property, embezzling less than $50 is a Class 1 petty offense, carrying up to six months in jail. However, that jumps to a Class 6 felony with a possible 18-month jail sentence if between $2,000 to $5,000 was taken. Embezzling public property is a Class 5 felony, with a sentence of up to three years in prison. On top of that, a person convicted of embezzling public property is forever banned from holding any state office involving profit or trust.

Types of embezzlement

Embezzlement can take more than one form. In payroll embezzlement, for example, a person might use the company payroll at their place of work to take money for themselves. In siphoning, a person may take items here and there–such as goods out of a retail store or food out of a restaurant–over time, without creating a cash discrepancy. Kickbacks are another example, when someone takes additional money from a vendor of a good or service in exchange for using that vendor at their place of business.

It’s important to note that more than high-dollar crimes are prosecuted as embezzlement. If you’re facing a charge for this type of crime, you could be looking at jail time, fines and more, so speak to a criminal lawyer for help today.

Criminal Charges for “Sexting” in Colorado

The transmission of sexually explicit images, whether by email, text or video, is considered “sexting.” Generally, when two consenting adults use sexting together, it is not a crime. However, if a minor is involved, there can be serious criminal consequences. If you’re facing charges related to sexting, contact a lawyer from Richard J. Banta, pc, for help immediately.

There can be more than one charge involved in sexting cases. If, for example, an adult sender receives a sexually explicit image of a minor, this constitutes possession of child pornography. This is charged as sexual exploitation of a child and is at least a Class 6 felony.

Another sexting crime involves luring over the Internet. This happens when an adult exchanges sexual messages with a person under 18 to try and get a meeting.

Penalties for illegal sexting involving an adult

A first-time adult offender who engages in sexting with a minor could face a Class 5 felony charge even if they only have a still image. This charge carries a potential sentence of one to three years in prison and a fine of up to $100,000.

A repeat offender or an adult who had certain types of material can face stricter penalties. A second offense of sexual exploitation of a child is a Class 4 felony. The same applies to the possession of child pornography that is a video or another moving image or having more than 20 items of sexually exploitative material. The penalties for a Class 4 felony are a fine of up to $500,000 and a prison sentence of two to six years.

If an adult was involved in the distribution or making of child pornography–such as sending an image of a minor to someone else–that’s a Class 3 felony. This is punishable by fines of up to $750,000 and 12 years in prison. It’s worth noting that any person convicted of sexual exploitation of a child is required to register as a sex offender.

Penalties for sexting involving teens

Before 2017, the only way to charge minors involved in sexting was the felony exploitation of a child. Since then, Colorado passed a law that distinguishes between consensual sexting between teens and the malicious or abusive exchange of sexually explicit messages, video or images.

This law created a tiered system and details three offenses: posting, exchanging and possession. Exchanging is when a minor purposely exchanges their image or receives another person’s image with someone who is at least 14 or less than four years younger, and all minors involved believed the others consented to that exchange. Possession is when a minor has an image of a someone who is at least 14 or less than four years younger without consent. Posting occurs when a minor publishes, displays or distributes the image of someone who is at least 14 or less than four years younger without consent.

Exchanging is a civil offense. A minor may have to enroll in an educational program or pay a $50 fine. Possession is a petty offense, punishable by a fine and up to six months in jail. This can become a Class 2 misdemeanor if the person had 10 or more images of three or more people, and that’s punishable by 12 months in jail and a $1,000 fine. Posting is also a Class 2 misdemeanor, but this can be charged as a Class 1 misdemeanor in some cases, such as if the minor intended to cause the person emotional distress. The penalties for a Class 1 misdemeanor are a jail sentence of up to 18 months and a $5,000 fine.

Pressure Cooker Injuries: Do You Have a Injury Claim?

Have you fallen for the pressure cooker trend? Pressure cookers can be great kitchen appliances. You may have a lot of recipes that you use with your pressure cooker. Unfortunately, for a lot of people, pressure cookers have caused severe injuries. Pressure cookers contain hot food and liquid. When there is a malfunction, it can lead to catastrophic results. If you’ve been injured by your pressure cooker, here is what you need to know before you file a personal injury claim.

What Caused the Injury?

After you receive medical attention, it is crucial that you think about what caused the injury. Was it something that you did in error or was it a malfunction? If there are any product defects with the pressure cooker, then you may have a personal injury claim against the manufacturer of the pressure cooker.

Pressure cooker injuries can happen when the lid cannot seal properly. In addition, there are some cases where the pressure cookers exploded when someone tried to take the lid off of the cooker. When this happens, hot food and liquid sprays everywhere and can wind up severely injuring a person.

If there is a defect with the cooker, then it doesn’t matter if you do everything right. You could still be hurt. As long as you were not at fault, you can file a personal injury lawsuit against the manufacturer.

How Severe Is the Injury?

When it comes to personal injury law, the severity of the injuries matter. The reason that the severity matters is because the cost of your medical treatment is often aligned with how serious the injury was. The more serious, the more likely you are to receive a bigger settlement. This is because the more serious of an injury, the more likely you are to have extensive medical bills and possible lost wages. The most common injuries caused by pressure cookers are burns. These burns may come from the electricity or they may come because of the scalding liquid.

Once you receive medical treatment, you should seek help from a personal injury lawyer. Your lawyer is there to help you determine if you have a case and what your case is worth. For injuries caused by design defects or malfunctions, you may have a case against the manufacturer. 

Bicycle Safety Basics

bicycle accident lawyerBicycling is great exercise and a great way to get from place to place while reducing your carbon footprint.  Unfortunately, bicyclists face many hazards, especially when sharing the roadway with motorists.  According to the National Safety Council, approximately 1,000 bicyclists are killed in accidents each year.  These basic safety tips will help protect you and your family when you are riding a bicycle.

  1.  Always wear a helmet.  Head injuries are a major factor in bicycle-related deaths.  You should always wear a properly-fitted, Consumer Product Safety Commission approved helmet, regardless of how long you intend to ride.
  2. Ride single-file and travel in the direction of traffic.  Some people believe that riding against traffic (sometimes called “salmoning”) is safer than riding with traffic.  These people believe that salmoning is safer because, when riding against traffic, the bicyclist is able to see drivers coming, rather than having motorists approach from behind.  However, bicycle safety experts disagree for several reasons.  First, motorists instinctively look for vehicles traveling with the flow of traffic and might pull onto a roadway without looking for bicycles traveling in the opposite direction.  Also, riding against the flow of traffic increases the severity of a potential impact between a bicycle and a vehicle.  For example, if the bicyclist is riding at 15 mph and vehicle comes up from behind traveling 40 mph, the impact speed would be 25 mph.  However, if the bicyclist and the vehicle were approaching head-on, however, the impact speed would be 55 mph.  Finally, riding against the traffic flow is against the law.  So, if you are in an accident  while riding against the flow of traffic, you might be found to be at fault.
  3. Be extra careful at intersections.  Approximately 50% of bicycle accidents occur at intersections.
  4. Be visible.  Don’t wear dark clothing.
  5. Be especially careful at night.  According to the National Highway Traffic Safety Administration, most bicycle accidents occur at night.  Be sure to equip your bicycle with reflectors and, when riding at night, wear reflective clothing.
  6. Watch for objects on the roadway.  Tree branches, loose gravel, potholes, and drainage grates can all cause serious bicycle accidents.
  7. Obey street signs.  Bicyclists are required to obey the same rules of the road that apply to motorists.
  8. Plan your route to minimize the time spent on busy roads and roads with narrow shoulders.  Bicyclists take their lives into their hands whenever they ride close to vehicles traveling at a high rate of speed.  All it takes to cause a catastrophic accident is for a motorist to be momentarily distracted and drift onto the bike lane or shoulder.
  9. Be careful in urban areas.  Most bicycle accidents occur in urban areas.  When passing parked cars, watch for car doors that might open suddenly.  The best practice is to pass far enough away from parked cars (approximately 4 feet) to avoid being hit by an opening door.
  10. Don’t wear headphones when you ride.  You need to be able to hear motorists as they approach.
  11. When passing a pedestrian or another bicyclist, give them an audible warning as you approach.  (For example, “On your left!”)

Motorists can help.  Give cyclists room when passing.  When pulling onto a roadway, look to the right and to the left.  Be aware that some bicyclists might be traveling against the flow of traffic.  When exiting your car, use the hand farthest from the door to open the door.  This technique is known as the Dutch Reach.  Doing so will cause your body to turn, making it easy for you to check your side-view mirror and look back for oncoming bicycles and vehicles.

If you are injured in a bicycle accident involving a motorist, you may be able to bring a personal injury claim against the motorist.  Also, your automobile insurance policy might provide benefits when you are hit by a car while on your bicycle.  Finally, if you are injured due to a defect in the roadway, you may be able to bring a claim against the government entity or landowner responsible for maintaining the roadway.  It is important to preserve evidence of the dangerous condition on the roadway that caused you to crash.  Take photos, if possible.

 

Driver Arrested in Kansas Crash that Killed Local Radio DJ

WCH 12 News is reporting that a man has been arrested in connection with a car crash that took the life of Wichita radio personality Don Hall (https://www.kwch.com/content/news/One-killed-in-E-Wichita-crash-570035641.html).

In the early morning hours of Wednesday, April 29, 70-year-old Hall was driving east on Kellogg Drive in the City of Wichita. When the DJ turned from Kellogg onto Rock Road, he was hit by 43-year-old Ray Watkins, who was going south down Rock Road and ran a red light right before his vehicle collided with Hall’s. 

Shortly after the crash, police officers arrived at the scene at the intersections of Kellogg and Rock Roads. They found Hall pinned in his own vehicle. He was pulled out from the vehicle in critical condition, and he died on the scene.

Watkins only suffered minor injuries in connection with the crash, and he was arrested without any incident. Law enforcement officials say Watkins had been previously arrested and convicted of a charge of aggravated robbery.

According to police, Watkins had drugs and alcohol on his person and in his vehicle, and they believe these were factors in the deadly crash. The 43-year-old has since been charged with murder in the second degree in connection with Hall’s death.

Local police chief Gordon Ramsay issued a statement saying that Don Hall was a large part of the local community for years and will be missed. 

Wichita State University (WSU) also issued a similar statement in light of Hall’s passing. Hall began announcing the basketball games for WSU’s men’s team, the Shockers, in 1983. According to the university, in his 36 years as the announcer, Hall only missed two games. He also worked as a radio announcer for several local stations for 45 years and was on KEYN Radio prior to his untimely death.

Despite the national attention to the dangers of driving while impaired, people still continue to do so at an alarming rate. The National Highway Traffic Safety Administration reports that on average, around 30 people die each day in alcohol-related crashes in the US; that works out to one death at 50 minutes daily (https://www.nhtsa.gov/risky-driving/drunk-driving). While deaths stemming from alcohol-involved crashes have dropped by one-third in the last 30 years, over 10,000 lives are still claimed in this manner every single year.

People do not have to get incredibly intoxicated to cause accidents, either, although that is a common misconception. Just a blood alcohol level of .02 can result in a loss of judgment on a driver’s part and a decline in their ability to pay attention and track moving targets visually. Simply put, any type of drinking and driving do not mix well and can result in serious accidents, changing people’s lives forever in just seconds.

Birth Injuries In Mother And Child

The line between medical malpractice and birth injuries can blur together if a doctor acts negligently when tending to a mother giving birth. A doctor must always uphold a certain standard of medical care as a requirement of those practicing in the medical field. When a doctor is negligent during delivery, it can potentially cause severe harm to mother and child.

What should have been a day of joy and celebration may turn into a nightmare and anguish upon realizing that your newborn isn’t perfectly healthy, and that a doctor or medical staff may have contributed to it occurring in the first place.

If you believe that your doctor was careless, ignored symptoms, failed to properly monitor you, or something else during labor and delivery, then it may be time to consult with a legal professional about what you can do to seek justice for what happened. 

 

Common Examples of Negligence

Delivery can be a very complex and emotional time for a mother and her baby. With such an intense thing to go through, it is important that medical staff are prompt in identifying and treating any issues that arise along the way. If they don’t, then the mother and baby may succumb to injuries or fatality. The most common examples of negligence and child birth include:

 

 

Failure or Delayed Diagnosis

Doctors may fail to diagnose a condition in the mother entirely, diagnose her with the wrong condition, or diagnose her too late, which then can lead to serious injury. Such conditions may include the mother having high blood pressure, diabetes, or another illness that affects the labor and delivery process, potentially resulting in the newborn getting hurt too. Examples of other conditions that a doctor may delay in identifying or fail to diagnose are listed below: 

 

 

Wrongful Pregnancy

It is also possible that a woman gave birth to a baby, but had taken steps to not procreate. Wrongful pregnancy is when a woman gets pregnant despite using methods to not have a baby, such as sterilization or an abortion. Even if the baby is born completely healthy, the parents can still sue the doctor or medical facility for wrongful pregnancy. That is, if the doctor who performed the sterilization, abortion, or other procedure had not done it properly, which led to the pregnancy. 

 

If you are a mother who endured a birth injury or wrongful pregnancy, then it is recommended that you schedule a consultation with an attorney, who is experienced in medical malpractice cases as soon as possible.