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Do I Need to Hire an Attorney 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.  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.

 

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.

 

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.

 

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.

 

 

What Makes an Action Negligent?

 

In personal injury cases, the plaintiff tries to prove that the defendant is responsible for causing the injuries. To do this, it must be proven that the defendant was negligent. If you are in the process of beginning a personal injury lawsuit, you should always hire a personal injury lawyer. Your attorney will be able to answer all your questions. This simple guide, however, will go over the basics of negligence to give you a good initial idea of whether or not you have a case.

What Makes an Action Negligent?

Essentially, there are two key attributes that determine whether or not any action is negligent. First, the action must fall short of what is considered reasonable. This is a subjective concept, which is what makes it difficult to prove. Basically, it needs to be shown that an average person would expect someone not to act in the way the defendant acted.

Second, the action needs to have caused harm to be legally negligent. Unreasonable actions that do not cause harm directly are not considered negligent. You may be thinking that this is much easier to prove. It is objective that an injury was sustained, right? It may be objective that someone was injured, but it may be more subjective that the injury was the direct result of the defendant’s action or inaction.

The Four Components of Negligence

That is the basics of negligence, but the law uses four components to define negligence that are a little more detailed than that. Legally, an action is only negligent if it involves:

  1. Duty – The defendant must have some duty to take or not take some action. Employers are duty-bound to create a safe working environment. Citizens are duty-bound not to drive drunk. Even if inaction caused an injury, the defendant must have some duty to take that action.
  2. Breach – This component is closely tied to the first. Breach is essentially the defendant failing to meet his or her duty. Drinking drunk is a breach of the duty not to drive drunk. It really is that simple.
  3. Causation – The breach of duty must be shown to be the causation of the injury. Even if the defendant breached his or her duty, if it is unrelated to the injury, then there was no negligence.
  4. Damage – The victim must have sustained some form of damage from the breach of duty. Even if a breach of duty caused an injury, if no medical treatment was needed and there was no loss of ability and there were no other forms of damage, then the action was not negligent.

 

Nursing Home Abuse

Personal Injury Attorney in DeKalb County, GA

Unfortunately, the people that raise us and care for us during some of the most important times of our lives grow older, grow ill, and grow tired. When this time approaches, there are professionals that will care for your loved ones, or so we really hope. There are nursing homes and assisted living facilities that house the ones we love when we are unable to do so. It may come as a surprise to most people, but these caretakers are also capable of abusing our loved one, even though they are paid to take care of them. Unfortunately, nursing home abuse cases can go on without justice ever being served. These incidents can go unreported for several reasons. If you or someone you know has a loved one that is being housed at a nursing home it is important to be aware of the different forms of nursing home abuse in the unfortunate event that something goes wrong. There are a few common types of nursing home abuse, such as:

The most common and obvious form of abuse is physical abuse. Physical abuse can occur in many ways, a staff member may hit your loved one or even another resident. Typically this is by physically striking them, strangulation, or any intentional harm caused by laying hands or even other objects on your loved one. Physical abuse can be visibly noticed, so it is not hard to prove if physical abuse is taking place, if you do not wait too long.

A very cruel and harder abuse to prove is emotional abuse. Any form of emotional distress caused by a staff member, such as calling them names or embarrassing them in private or in public that causes depression or sadness. Emotional abuse cannot be seen, and therefore may be hard to prove occurred in front of a judge.

Unfortunately, elders are also sexually abused in these facilities. This occurs when there is no consent and a caretaker has any sexual contact with a resident. It is just as common here as it is in a normal hospital, caregivers take advantage of the vulnerability and “helplessness” of the elder.

There are several ways an elder may be abused in a nursing home. Caregivers and staff may take advantage of people who seem to be alone or who cannot fend for themselves. However, this is not always the case. If you have suspicions that you loved one may have been abused in anyway, contact a personal injury attorney in DeKalb County, GA to discuss your legal options and the likelihood of a successful lawsuit being pursued.

Contact Andrew R. Lynch, P.C. for their insight into personal injury claims and nursing home abuse.

Compensation After a Trucking Accident

Truck Accident Lawyer

A trucking accident is almost always a traumatic event, and the aftermath of the accident can be just as traumatic. When dealing with loss of work and wages, injuries and other circumstances after a wreck, you may feel that fighting for the compensation you deserve could not get any more difficult. Government regulations and trucking companies can often make it harder to receive the compensation that you need after the accident, so proving your case is an important step in securing your damages. If you can prove that you had loss of work and wages or injuries related to the accident, you can be closer to receiving your part of what you are entitled to.

Loss of Work and Wages

After an accident, there are many factors that could lead to loss of work and wages. First, you are likely out of a means of transportation after the accident, and it is sometimes impossible to secure a new vehicle without your compensation money for the wreck. The trucking company or government may open an investigation which could take months to complete. This means that you are unable to drive yourself to work and may have to depend on someone else to take you to your job. Because this is not always possible, you will likely miss work which could cause strain with your employer. You may also have injuries that keep you from performing your job tasks and could jeopardize your position. The trucking company may try to take as long as possible to give you your rightful compensation, so make sure that you have a competent lawyer on your side to handle the legal matters.

Injuries

Not only can injuries lead to loss of work and wages, they can also lead to expensive medical costs and multiple doctor visits. You may not be able to pay your medical bills without your compensation from the accident, which can cause a major area of stress in your life. Injuries may keep you from doing your former work or from leading a normal day-to-day life. Your lawyer can help fight for you to receive the indemnification that is needed after a traumatic accident.

Being in a trucking accident is a scary thing and can change many aspects of your life. Do not let government regulations and trucking company red tape keep you from receiving your rightful damages; contact an experienced truck accident lawyer today to have an expert helping you win your case.

Fatal Hit and Run Drivers Rarely Serve Jail Time

Car Accident Attorney

One case making headlines has shed light on the many examples of hit-and-run drivers in fatal accidents who are not receiving jail sentences as a result of their actions (https://abcnews.go.com/US/hit-run-drivers-kill-people-jail-time-rarely/story?id=61845988).

In December 2016, 29-year-old Kevin Ozoria of New York City struck and killed Jean Paul Guerrero, a local DJ for a popular station in the area. He did not turn himself into the police until days later, and he was not placed under formal arrest until almost a year later.

According to ABC News, Ozoria was charged with leaving a fatal accident, which carried a sentence of up to seven years in prison, and he was also charged with tampering because he attempted to have his damaged car repaired at an auto shop. He’s now expected to only serve five years of probation after admitting his role in the fatal accident.

Unfortunately, a lack of jail time for hit-and-run drivers involved in fatal accidents is not uncommon. Many in the legal and advocacy communities are aggravated by the prevalence of plea deals in these types of cases. In fact, in Ozoria’s case, he was first offered a plea deal that included jail time, but he turned it down. Then, he was presented with another deal that removed the jail time and added court conditions, which included 100 hours of community service and five years of probation. He can, however, be sentenced with the maximum term if he fails to adhere to the plea terms.

In the State of New York, Senator Patrick Gallivan is working on closing the loophole that is allowing for what many feel are softer sentences in fatal hit-and-runs. He is currently the sponsor of a bill in the state’s legislature that would strengthen the punishment for hit-and-run offenses. It would also add a public alert system to help get the public more involved in stopping hit-and-run accidents.

Hit-and-run alert systems were first introduced in the country in 2014 in Colorado, with the Medina Alert. This works like the Amber Alert and was named after hit-and-run victim Jose Medina, whose killer was found and arrested after a witness who saw the incident followed the driver and alerted police. The City of Los Angeles started a similar alert system in 2015.

In 48 states, hit-and-run accident penalties for those cases involving death or serious injury vary widely, ranging from community service to jail time. In the State of California, a driver in a fatal hit-and-run accident can be facing up to four years in jail. However, the outcomes of cases there vary, with some drivers receiving jail time while others end up with probation. Lawmakers in that state have also recently proposed a bill to make the penalties for hit-and-run drivers involving deaths more severe.

Washington, D.C. and Alaska do not currently have a specific law for fatal hit-and-run drivers.

Paternity Issues

Personal Injury Lawyer

Just because a man’s name is listed on the baby’s birth certificate as the child’s father, legally this does not establish paternity. Interestingly enough, a woman can list anyone she wants or believes to be, the father. In addition, a DNA test is not the singular way to determine paternity. There are several other ways that can be used to establish paternity. Speak with an experienced family law attorney if you are seeking to establish paternity or have questions about your legal obligations to a child and what the specific laws are in your state. See below to find out ways to establish paternity and the significance of each method.

Paternity that is assumed voluntarily

There are many circumstances where paternity is assumed:

Because it takes more than a name on a birth certificate or a blood test to determine paternity, an unmarried father should recognize his paternity using one of the above reasons. If he does not, he runs the risk of losing his parental rights to another man who desires to become the presumed father of the child.

Involuntary Paternity

If the mother chooses to file a lawsuit against the presumed father, the father is required to go to court and possibly submit to a DNA test. Paternity is established through genetic blood tests with a 99 percent accuracy. If he is proved to be the father, the court will issue an order concerning the paternity of the father and he will be forced to pay child support.

What is the legal significance of determining paternity?

Paternity significance for the father

If it is legally established that the man is the father, he will be obligated for his portion of support and responsibility. If he does not step up, the a successful paternity suit will force him to do so. If a father claims paternity he also gets custody and visitation rights with the child. If the child is born out of wedlock and the mother wishes to put the baby up for adoption, she will not be able to do so if the father, after asserting paternity, does not give consent.

Paternity significance for the mother

Paternity may determine some sort of secure financial support from the father. In addition, the mother may have to share custody or allow him visitation rights.