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Qualities Of Competent Truck Drivers

Truck Accident Lawyer

A trucking accident probably lingers long in the memories of those who either survive it or witness it. Due to their indelibility and often serious effects, it may seem that they occur more often than they actually do. In fact, truck accidents are among the least common motor vehicle collision to occur on the roadways, which speaks to the competence of the drivers, the quality of training they receive and the effectiveness of the regulations that govern them.

However, no matter how competent a driver may be at baseline, it is possible for them to become impaired or distracted, and that is when accidents are more likely to occur.

Qualities of Competent Truck Drivers

When hiring people to drive for them, trucking companies look for candidates with the following relevant qualities:

  • Timeliness
  • Stress management skills
  • Stamina
  • Alertness
  • Impeccable driving record
  • Sense of responsibility

These people are likely to be able not only to withstand the rigors of the job but to comply with the regulations that are in place for everyone’s safety.

Requirements for Training and Licensing

In some respects, the requirements for obtaining a commercial driver’s license are similar to those for obtaining a personal one. You have to pass a test in order to obtain a CDL, and you get one license issued by your home state that is valid wherever you travel.

However, before taking the CDL test, drivers must undergo a rigorous training program related to operating a huge machine like a semi-truck. There are also additional requirements for extra training in special circumstances like hauling hazardous materials.

Causes of Impairment

However, even the most competent truck driver can become impaired under certain circumstances.

  •  Driver Fatigue

This is one of the most common and well-known causes of trucking accidents. The federal government has taken steps to regulate driver activity in the interest of preventing fatigue, but a driver may sometimes feel tempted or pressured to circumvent them.

  •  Substance Use

It is not unheard of for truck drivers to try to extend their waking/working hours with stimulants or other drugs, though it is unclear how prevalent this practice is today. In any case, it is not safe for anyone to take alcohol or drugs, even prescriptions, before getting behind the wheel.

  •  Distraction

Driving distractions can involve cell phone use, fiddling with the radio or climate controls, eating, grooming, or a host of other activities that take one’s mind off one’s driving. An extreme case occurred recently in which a truck driver had his smartphone propped up on the dashboard to watch a football game and then collided with another vehicle.

Even competent truck drivers can make mistakes. Unfortunately, these sometimes result in accidents and injuries. Contact a law firm for information about how a truck accident lawyer may be able to help your case.

 

 

What to Do if You Get Arrested

Criminal Lawyer

“Into each life some rain must fall.”  An arrest is an event that can result in devastating consequences from going to jail or prison or being burdened by a criminal record.

Everyone should know what to do when arrested.  It can be a nerve wracking episode but even if it’s less emotional what you do and say can affect the outcome in a dramatic way.

Some of the following will seem like common sense but it is under unfamiliar circumstances that common sense takes a holiday.  Some over estimate their ability to talk themselves out of any dilemma. A prepared mind is a mind that places an arrested person in control of his own destiny.

The Right to Remain Silent

Anyone who has watched the countless police and prosecutor programs on television know that the first principle to be followed upon arrest is to be quiet.  Anything you say may be used against you.

The police at this point are doing their job and their interests are not aligned with yours.  They may be friendly. Remember they are trained to open a conversation with you and gain an admission or other evidence against you.  Do not be fooled.

Be Polite and Cooperative

You may feel there is no basis for your arrest or that you have a sufficient and reasonable explanation.  This is not the time to fight back and you must not indulge in the expectation that you are able resolve the matter with the police.  You will need an experienced lawyer to represent you in court and from the moment of your arrest forward. So patience and discipline is the order of the day.

Contacting an Attorney

The sooner you contact an attorney the better off you are.  Not just any attorney will do. Many attorneys who are not experienced, competent, or both, can do more harm than good.  When you select an attorney that is qualified he will discuss his experience and his reputation for success with you without hesitation.  His information will be accessible on his website and from referrals of former clients. He will be respected by judges and prosecutors alike.

The Bail

Once you are arrested you may be released on your signature, post a reasonable bail or go to court for a bail hearing before a judge.  If possible you will want legal counsel at this stage.

Factors the court will take into account at the time of your first appearance in court will include your financial resources, family ties, roots in the community, the “flight risk” and other relevant issues.  Are you a danger to the community is a question of prime concern. Your defense attorney can effectively argue on your behalf regarding all these questions.

At this juncture the skill of your attorney can determine whether the outcome is favorable to your liberty interest.  There are reasons why success cannot always be achieved at this level, factors beyond your attorney’s control.

However, the attorney’s conduct and ability should impress you with his attention to detail and passionate defense of your constitutional rights.

This is the beginning of the attorney-client bond that inspires the confidence you will need to confront the challenges ahead.  In a criminal case there can be no guarantee from a criminal defense lawyer in Connecticut other than the application of his superior knowledge, skillful strategy and total commitment to you.

He will fight for you like your case is his only case and that knowledge will inspire you with the confidence that you are in the best of hands.

The Basics of a Personal Injury Case

Personal Injury Attorney

Personal injury accidents can vary greatly on where they happen, why they occurred, who was at-fault, and other factors. Some of the most frequently seen personal injury cases involve vehicle collisions, slip and falls, medical malpractice, and product defects. For a personal injury case, the victim or injured party files a claim against the person or entity at-fault for the accident. Here we have answered a series of questions that people may ask their attorney, who want to know more about the basics of personal injury cases:

Q: In what instances do personal injury accidents happen?

When a personal injury accident occurs, this often means an individual or entity had breached his or her duty of care to another, which resulted in financial, emotional or physical damages. Negligence is a common reason personal injury lawsuits are filed, particularly against car drivers and medical professionals.

Q: Are there any other reasons for a personal injury case besides negligence?

A: Yes, strict liability and intentional wrongs can also be the reasons why a personal injury lawsuit is filed against an individual, entity, or company. Those who have recently been in an accident and believe someone else was responsible, can benefit from receiving a legal consultation. An attorney can go over the details of your accident to determine if negligence, strict liability, or intentional wrongdoing is a foundation for your lawsuit. These three bases for a personal injury case have been defined here briefly:

Q: What does it mean if I win my case?

A: If you win your personal injury lawsuit, then this means the judge or jury has awarded you financial compensation for injuries, losses, and damages associated with the accident. The amount you receive is often based upon medical bills, property repairs, lost wages, physical pain and suffering, future impacts, and more. However, to increase your chances of the most favorable outcome, it is important to hire an attorney that is experienced in personal injury lawsuits.

Q: What does it mean if I am offered a settlement?

A: Prior to a court trial, there is a chance for both the plaintiff and defendant to reach an agreement over the matter (usually as a way to avoid court and maybe save the reputation of the at-fault party). Settling a case means that you have agreed to accept a certain amount of money in return to drop the case against the party who harmed you. You may even have to sign a release waiving any future liability.

Before accepting a settlement, it is highly encouraged that you speak with a personal injury lawyer to ensure your rights are being protected and aren’t being offered an amount way less than what you need to recover.  

 

 

Thanks to Johnston | Martineau, PLLP for their insight into personal injury claims and the basics you should know.

Determining the Value of a Tooth Injury Lawsuit

Dentist

When you have been in some type of personal injury accident, one of the most common places you may find an injury is in your mouth. In many cases, you may have come into contact with another surface or sustained a blow to your mouth caused by someone else’s negligence. When this is the case, you should get help from a dentist to see how they can help treat your oral injuries and help you gather evidence for your legal claim. Remember, when your oral injury came about as a result of someone else’s negligence, you should not hesitate to file a lawsuit against the responsible party. This way, you can receive the compensation you need for the damages they caused. Together with your lawyer, we can help provide you with information on the cause of your injury and the best form of treatment so that we can help you get the compensation amount you deserve. Call now to schedule your appointment.

What kind of injuries are common after a personal injury?

Some of the most common oral injuries we see when someone is hoping to file a legal claim are:

In fact, chipped teeth are some of the most common injuries we see. That said, avulsed (dislodged) teeth and cracked teeth happen as well and these injuries can be quite painful and may require extensive dental work. When this is the case, you should never be stuck paying the bill. Especially when you are hoping to file a suit against the person responsible for your injuries, you should call the dentist’s office immediately. Not only could the injured tooth get worse, but it could spread an infection to the neighboring teeth.

Determining What Your Suit is Worth

As with many injury cases, there is no one-size-fits-all value that we can tell you to expect. Each dental injury case will be unique and thus the settlement value will be unique. However, there are certain factors we can look at to begin assessing value. For example, if you were playing a pickup game of soccer and someone’s negligence caused one of your side teeth to chip, you can likely expect to get much less from your suit than you would if you were in a car accident and the other driver’s negligence caused more serious oral injuries, such as avulsed teeth or jaw damage. There are other factors that a dentist can look at for more specific values as well.

For more information on settlement value and how your dentist can help you during your case, please reach out to an office now.

Thanks to John Redmond Orthodontics for their insight into dental repair after an accident and tooth injury lawsuits.

Things That May Create a Hazardous Work Environment

Construction Accident Lawyer

Going to work is a part of life, and you should be able to perform your job in a safe environment. While some jobs come with inherent danger due to the nature of the work, your employer should be doing everything possible to keep you safe. There are times when, even in the most benign setting, things may happen that cause your working conditions to become dangerous. To avoid these pitfalls, it is critical that you can identify these common occurrences that create a hazardous work environment.

  1. Breach of Safety Protocol

The most common workplace hazards are caused by a violation of standard safety practices. Even in an office environment, which is relatively risk-free, these oversights may result in dangerous consequences. One way to avoid becoming a victim is by paying attention to your environment. A spill on the floor could cause a slip and fall. Exposed wiring can cause shock or electrocution. Items not correctly stored may become tripping hazards.

  1. Chemical Exposure

Chemicals can cause injuries in a few ways. First, coming into contact with certain things may cause severe burns or illness. The fumes emitted by others can make slowly affect your lungs, or they can knock you out rather quickly depending on the makeup. Also, be wary of mixing things when you aren’t familiar with how they interact and react. Explosions, fires, and deadly fumes may result.

  1. Contact With Biologicals

Working in healthcare, daycare or school requires frequent contact with others. This contact isn’t necessarily limited to physical; being in confined spaces with others may pose a silent biological threat. Some of the most common illnesses, like the flu and common cold, are easily transferred when people congregate. Other more dangerous types of contact may occur in these situations, like coming into contact with infected blood or human waste.

  1. Positional Hazards

Performing the same movement repeatedly day after day can cause your body to react in adverse ways. If you have a job that requires the frequent use of your hands, shoulders or the like, you may develop repetitive injuries that may require medical intervention, even surgery if left untreated long enough. Working in tight spaces may necessitate twisting in ways that can tear muscles or wear them out over time.

When you get hurt at work due to elements created by a hazardous work environment, you may be eligible to recover money for your injuries. Your employer may wind up being liable for allowing these conditions, especially if they fostered unsafe practices. A construction accident lawyer may be able to help you get the damages you are entitled to in these and other situations.

 

 

Do I Need to Hire a Lawyer if I Am Injured in an Accident?

Personal Injury Attorney

The answer is yes. For minor accidents that do not involve injury, you can typically report the claim to the insurance companies and get it resolved without ever talking to an attorney. Most insurance companies will deal with you fairly if it is just a matter of repairing or replacing your vehicle.

On the other hand, if you have suffered any injuries in an accident, it is critical that you talk to an experienced personal injury attorney as soon as possible.  Often times, an accident victim does not immediately realize the severity of their injury. For example, many clients have called me immediately after an accident and complained of “minor” neck and back pain, hoping it would go away. However, after undergoing medical treatment, testing and having an MRI, they sometimes find out that they have suffered disc herniations in their spine which require pain management injections or even surgery.  An experienced personal injury attorney routinely deals with these situations and will make sure you get a full and fair recovery for the injuries you have sustained. A good attorney will also be familiar with the best doctors in your city and will help make sure that you get the treatment you need as quickly as possible.

Another thing to remember is that it is not always clear who was at fault in a car accident. The police report may be unclear or the witnesses may differ on what actually happened. An experienced personal injury attorney will investigate the accident, speak with witnesses, and use his or her experience to gather evidence and determine who was at fault. Your attorney may also need to hire an accident reconstruction expert who can testify as to exactly how the accident occurred.  Remember, in Florida and many other states, you can still make a recovery for your injuries even if you were partially at fault for the accident.

Lastly, dealing with insurance companies can be complicated and difficult. Remember, the insurance company is in the business of making money. The best way for them to save money is to make you an unfair offer and hope you accept it and go away. An experienced personal injury attorney will very quickly know if the insurance company has made an unreasonable offer. You should hire an experienced personal injury lawyer who knows how to negotiate a fair settlement so you can get the recovery you deserve.

Most personal injury attorneys will give you a free consultation, so it makes perfect sense to call an attorney to get free advice before deciding how to proceed.

 

 

Thanks to Jeff Murphy Law for their insight into personal injury claims and the benefits of consulting with a lawyer.

Suing a City or County for Personal Injury

Personal Injury Attorney

Just because you are up against the city or county, doesn’t mean you have to back down at all. If you were injured because of the negligence of a city worker, an attorney could help you successfully sue the government. The process is more complicated than another might be, but it is possible. If you tripped on an uneven sidewalk at the police station or were hit by a city dump truck, you may have a good case for personal injury.

Filing a Notice of Claim

Some states require you to file a Notice of Claim. This must be done before you file the lawsuit. This claim will outline the details of your injury, how it all happened, where it occurred, when it occurred, what kind of damages you’re seeking and contact information for yourself and anyone else involved. Your attorney can help you file this claim, as well as help you understand when the deadlines are for filing. If you miss the deadline, your case could get dismissed all together.

Providing Proof 

Just like any other personal injury case, you will have to offer proof of four things. They include:

  1. The city or county had a duty to provide a certain amount of care.
  2. The city or county breached their duty of care.
  3. The breach of care was the actual cause of the injury.
  4. You actually do have an injury.

Collecting evidence will be one of the best things you can do to provide proof to the court. Take pictures of uneven sidewalks and accident scenes. Collect medical statements and bills from your doctor. Record witness interviews, even short statements. Your attorney can collect everything into one file to present to the court in your favor.

Obstacles You Could Face

There are certain obstacles you could face when suing a city or county. Some states offer immunity to cities and their employees for negligent actions that are viewed as necessary. For example, a police officer who unknowingly hits a pedestrian during a high speed chase may be immune from a personal injury case. That same officer could get sued for driver erratically for no reason whatsoever while on duty.

Obstacles besides immunity could include those concerned with proving a duty of care. If the city or county does not require city officials to perform certain maintenance tasks, and the lack thereof causes an injury, it may not be cause for a case.

Allowing Your Attorney to Assist Your Case

One of the best ways to receive compensation for what you feel you deserve is by contacting a personal injury attorney. Whether you’re dealing with the city or county, a legal professional could have the legal knowledge it requires to win your case. Contact a personal injury lawyer today.

 

 

Thanks to Davis & Brusca for their insight into personal injury claims and suing a city or county.

How Insurance Companies Determine Personal Injury Settlements

Personal Injury Attorney

If you’re injured because of someone else’s negligence, then you may be entitled to compensation. This compensation may come from the insurance company of the at fault party. If you establish that the defendant is liable for your injuries then you need to present your evidence of loss. The insurance company then compensates you for medical expenses and any lost wages that you might have had to deal with. Likewise, the company may award you compensation for pain and suffering. Here is what you need to know about how insurance companies determine the personal injury settlements.

How Companies Calculate Pain and Suffering

Insurance companies do not have to abide by any specific rule when it comes to calculating pain and suffering. Most know that there are two methods for this type of calculation, however. The first method is that the company will multiply the plaintiff’s quantifiable damages and multiply them by a number between one and five. The number that they choose depends on the severity of the injury. This is also known as the multiplier method.

The next method is the per diem method. In this method, a certain amount gets applied to each day after the injury until the plaintiff reaches full recovery. While insurance companies do not have to use these methods, they are the most common. Some companies will use computer programs to determine the settlement offer when it comes to pain and suffering. The computer programs take into account the medical treatment and the types of injuries. If you’re curious about what the most reasonable offer is, then you should use these two methods to come up with an idea of what the insurance company might offer.

How to Prove Pain and Suffering

When it comes to damages for pain and suffering, they are recoverable. You simply have to prove them. The more evidence that you have in support of your claim, the more likely the insurance company is going to try to negotiate a fair deal. The more documentation you have, the more likely you are to receive compensation. You can use documentation from medical staff, family and friends and others that can speak to your condition.

When it comes to suffering injuries at someone else’s negligence, you deserve compensation. A personal injury claim allows you to recover the losses that you incur through medical bills, lost wages and much more. If you’re filing a personal injury suit, then consult with one of the Auto Accident Lawyers as soon as you can.

 

 

Thanks to Ward & Ward Law Firm for their insight into personal injury claims and how insurance companies determine settlements.

Are Defendants in Personal Injury Cases Punished?

Personal Injury Lawyer

Like most types of lawsuits, personal injury cases are complicated. It can be hard to know what you are in for when deciding whether or not you want to pursue legal action. Although it is not the most important aspect to consider, many victims of injury wonder whether the person who caused their injuries will be punished. This is actually a question that does not have a single answer, and this guide will explain in depth.

Types of Cases

There are two types of court cases:

Personal injury lawsuits fall into the category of civil cases. In this kind of court case, the penalty for the defendant losing the case is a fee. This is not considered a punishment in most cases. Rather, it is the defendant simply paying what he or she has been found to owe fairly. To think of it another way, the defendant is found to be responsible for the injury, so he or she must pay for all expenses that resulted from the injury.

In criminal cases, on the other hand, defendants who are found guilty are given a punishment of some kind. This is distinct from simply making compensations. The punishment may be time served in prison, court ordered behavior or service, monetary fees, and more. If the individual who caused your injuries acted negligently or caused the injuries on accident, he or she will not be punished even if compensation is in order. If he or she did something illegal, then a criminal case may be necessary in addition to the civil personal injury case, and a punishment may be assigned in that separate case.

Punitive Damages

There is one other special case where the defendant in a civil personal injury case may be punished. There are three types of damages in personal injury cases, of which punitive damages is one. This is a very special kind of damages that are assigned strictly as a punishment for the defendant.

It is very rare for punitive damages to be assigned in a personal injury case, but if they are, the defendant must pay an additional amount to the plaintiff as punishment. Punitive damages are usually only assigned in cases where the defendant was acting especially irresponsibly, such as driving drunk, or was acting maliciously with the intent to cause harm. Speaking with a personal injury lawyer is the best way to have all your questions answered about your case specifically.

 

 

Who Can File Lawsuits For Failure To Diagnosis Sepsis?

 

Who can file lawsuits for failure to diagnosis sepsis?

If you received a misdiagnosis, delayed diagnosis, or no diagnosis due to a negligent physician, call us today to learn if you may benefit from pursuing legal action. Many victims who suffered in this way have filed in lawsuits for failure to diagnosis sepsis and received substantial settlements as a result. If you lost a loved one due to complications from a failure to diagnosis sepsis, you may be eligible to file one or more lawsuits on behalf of their estate. After a free consultation with one of our attorneys, your legal options will be made clear. Contact us to schedule your case review.

What is sepsis?

When a healthy person is exposed to bacteria, parasites, fungi, or viruses, its natural immune system will fight these threats in order to prevent infection from developing. If the body develops an infection, the immune system will make every attempt to rid the body of it though it often requires the assistance of antibiotics and other prescription medications. However, in some cases the immune system will respond to the threats by turning on itself which may result in a septic response. This is a toxic and life-threatening turn of events that if left untreated can result in organ failure, tissue damage, or even death. It is critical that a responding physician accurately diagnoses a septic condition before the body self-destructs by destroying its own internal organs and tissue. When there is a clear failure to diagnosis sepsis, the patient or patients may have grounds for lawsuits against the physician.

Who can help me file lawsuits against my physician for their failure to diagnosis my sepsis condition?

To increase the likelihood of a positive outcome, it’s imperative that you hire a skilled medical malpractice attorney who has the experience necessary to successfully fight a physician’s insurance company in court. It’s also important to understand that we do not collect a fee unless we win a client’s case or come to a settlement agreement out of court.

How do I know if I have grounds to file lawsuits for a failure to diagnosis my sepsis condition?

Medical malpractice cases are often difficult to pursue because of the amount of evidence and proof that are necessary to win a lawsuit. And because we are part of a professional network that includes respected physicians and other medical experts, we can call upon them as necessary to provide testimony in court on behalf of our clients. We encourage you to call us today so that your information and circumstances can be considered by a personal injury lawyer. We do not charge for this introductory consultation as it’s an opportunity for us to learn how and if we can assist you in recovering your damages. To learn if your case meets the criteria necessary to pursue lawsuits for a failure to diagnosis sepsis, give us a call.