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Social Media and Personal Injury Cases

The explosion in Social Media platforms (Facebook, Twitter, Pinterest, etc.) has created problems for a wrongful death lawyer representing clients who have been injured due to the negligence and carelessness of others.

In years past, insurance companies would often hire private investigators to follow injured plaintiffs and take movies of them engaged in physically demanding tasks in order to disprove that the person was not seriously injured. These videos would then be shown to the jury during trial and sometimes prevented an injured person from obtaining a just monetary verdict. The problem with these videos is that they were a brief snapshot in time, and often showed the plaintiff engaged in an activity that he had not performed for some time and which afterward resulted in many days in bed recuperating from one day of “overdoing it.”

In today’s world, insurance companies and defense attorneys often avoid the expense of hiring a private investigator and instead subpoena records from Social Media accounts.

A June 8, 2017 article posted in Forbes magazine online detailed the unfortunate experience of injured persons who torpedoed their case by the Social Media post they made.

Consider a case of a woman who sustained a serious back injury in a car crash and, after spending over a month bed-ridden, her husband takes her on a trip to Florida to enjoy fresh air and sunshine. Her husband takes a photo of her on the beach in Miami in a swimsuit, with a drink in her hand and smile on her face. She then posts the photo to Facebook. Of course, the photo will not show the chronic pain she is enduring, or the fact that she did not even feel strong enough to go into the water to enjoy a good swim. In other words, a totally honest photo could create a false impression in the minds of a jury viewing that photo.

For the above reasons, people involved in personal injury lawsuits should stay away from Social Media as much as possible until their case is concluded. Moreover, attempting to delete their Facebook account might further damage their case if the defense attorney at trial argues that the injured party engaged in the unlawful spoliation of evidence. Spoliation of evidence is a legal term for the intentional or reckless destruction of evidence. Courts have the ability to punish the destruction of evidence in several ways. For example, the judge might instruct the jury that the jurors are to infer that the destroyed evidence would have been evidence damaging to the plaintiff’s case. In extreme cases, the trial judge may simply order the dismissal of the plaintiff’s case, resulting in the recovery of no monetary damages.

 

Help Me Help You.

Close your eyes and imagine you just got into a car accident. You are coming into a complete stop at a red light and the vehicle behind misses the light change and rear ends you at about a speed of 45 mph. Police show up at the scene information is exchanged. What now? How does that make you feel? Confused, shock, anger, etc. Consulting a Car accident lawyer Arlington, TX trusts is the next step.

Assuming you first response is to look for an attorney, this blog will inform you what to expect from the moment you call a law firm, and through your consult. You will be walked step by step.

  1. Call the attorney that you feel will be a good fit for you. Of course always keep in mind the Brandy Austin Law Firm.
  2. Set the consult. Before calling check your calendar to see what days work best for you, that makes scheduling a lot easier. Also, that helps avoid rescheduling for conflicts in schedule. Be prepared to share a brief summary of how the accident happen. Your frustration is understood but please, BE POLITE.
  3. Your consult has been scheduled. Please prepare a day before all documents you will be bringing in for the consult. Don’t be nervous, the attorney is here to help you.


Documents to bring for your consult:


The attorney needs anything and everything that will help with your case.

1. At the time of the consult, please arrive on time if not at least 5 minutes before your scheduled time. Attorneys are here to help you but please be mindful of their time. During the consult always be honest. It helps a lot in the long run. If you gave a statement to either insurance companies please inform them. If you have a criminal background be ready to share that information with us. Everything that will be asked is for the best of your claim, in a client and attorney confidentiality. If you have any questions, please ask away. The sky is the limit.

2. At the end of your consult, please feel comfortable letting the attorney know whether you want to move forward and retain, or if you simply feel like they are not a good fit.

3. Assuming you retain. You have successfully retained/hired an attorney to stress for you. All your worries should be about treating and feeling better.

See this is like a “help me help you” situation. Your helping the attorney by bringing all the above information to the consult, and the attorney is helping you by taking over your case and working hard to get the best settlement for you.

 

Thank you to our friends and contributors at Brandy Austin Law for their insight on how to prepare for your first interactions with an attorney.

 

Deposition Basics

Court Reporter

The deposition process is a component to discovery that is often used in gathering testimony prior to trial legal situations. If you are recovering from a personal injury, a deposition can add more stress during a time that you are trying to heal from the accident. A personal injury attorney may be helpful in guiding you through the process by helping you understand what the expectations will be of you and how best to prepare for your deposition. Rest assured, the deposition process can go smoother if you have an understanding of the deposition process and what may be expected of you.

What is a Deposition?

A deposition allows for the opposing counsel to interview you outside of the courtroom. This is considered an on the record testimony that can be used in the event the case goes to trial. The attorney who is interviewing will base their questions around aspects or details of the personal injury that are relevant to the case.

Role of the Court Reporter

The court reporter, or stenographer, plays a large role throughout the deposition. They will transcribe all information that is shared during the deposition. Following the deposition, the court reporter will provide the attorneys involved with a copy of the deposition transcript. In some situations, you can expect to be recorded auditorily or visually, which can add to any jitters you may already be experiencing.  

Never Guess

Never Speak Out of Turn

Speak Loud and Clear

Working with a personal injury attorney can help ensure that you go into a deposition feeling prepared to answer the questions being asked of you by the opposing counsel. Enduring a legal process can be time consuming and stressful. An attorney can help you navigate through the legal process and the deposition smoothly.

Can I claim my injury as work related?

It is unfortunate, however; people are injured at work every day.  Whether it is a minor injury, an extensive injury or surgery, worker’s compensation insurance will help pay for medical bill, therapy, other related damages, as well as help you recover wages lost while you are out of work. The following is a list of some of the injuries you can claim with workers’ compensation.


Broken Bones or Fractures

Fractures and/or broken bones are common workplace injuries.  Injuries such as these can cause loss of mobility, swelling, bruising and pain.  Brakes and fractures can be caused by falling or something falling on you, running into things or accidentally hitting something.  You will need to see a medical professional as soon as possible to be treated and recovery can take weeks, even months depending on the severity of the injury.


Punctures and Cuts

Punctures and cuts, also known as lacerations are obtained from many sources around the workplace such as; working with equipment, falling and/or dropping something on yourself, working with tools, even desk jobs.  Some may be minor but still painful, causing immobility. Others can be severe enough to require stitches and possibly surgery.  In some cases, people return to work promptly while others require some time off to recuperate.


Sprains and Strains

Police officers, construction workers and landscape workers have a higher tendency of straining a muscle or spraining something which occurs when you overextend a ligament or tendon.  These types of injuries typically require 3 to 6 weeks to overcome.  Up to 30% of workplace injuries are related to strains and sprains and you should seek medical assistance as soon as possible.


Bruises and Contusions

Bruises and contusions seem to be minor injuries however; most always involve pain and sometimes swelling.  These types of injuries are usually caused by a blow to a body part. It is important that you seek medical help immediately because these types of injuries may require surgery and bed rest.

 

Inflammation

Symptoms of inflammation are normally swelling or redness around the area that is affected along with pain, heat and some loss of mobility.  A job that requires the extensive daily use of the same body part may cause inflammation.  Construction workers, nurses and clerical workers are most likely affected by this which can also lead to tendonitis and/or carpal tunnel syndrome. Also, if you use your legs and back to lift or move heavy objects, it can cause knee arthritis or tendonitis.

 

It is important that you obey safety rules and regulations in the workplace because this is where a lot of accidents take place.  As an employee, if you happen to notice potential workplace safety issues, you should immediately report it to your superior and if you are injured at work, you should retain a work injury lawyer Fort Lauderdale respects.

 

Thanks to our friends and contributors from the Law Offices of Franks, Koenig & Neuwelt for their insight into workers’ compensation.

 

Can I sue my ex-husband if I slip and fall at his house?

Yes, you can sue your ex-husband if you slip and fall at his house. If your ex-husband fails to keep his property in a reasonably safe condition you can certainly file a lawsuit against him like any other defendant. Should you choose to pursue that course of action, consult a family law attorney trusts. If your ex-husband is liable for your slip and fall injuries, his homeowner’s insurance policy may pay the claim for your injuries and damages. Whether it is a good idea to sue your ex-husband may be another story, especially if you and he are co-parenting children and will see one another for years to come.


What is the general law regarding slip and falls?

The general law regarding slip and fall cases is called “premises liability” and involves personal injuries sustained from slips, trips and falls at the property owned or under control of another person. The legal issue is often whether there was a dangerous condition that the owner or occupier knew or had reason to know about, which could reasonably lead to injury.


Is it a good idea to sue your ex-spouse?

As a general rule, you do not make more friends by suing people, especially your ex-husband. Especially if you have children together and must see or communicate with one another with any frequency, additional litigation might make things uncomfortable for everyone. That said, when you have a legitimate injury and damages, you absolutely have the right to seek compensatory damages. Injuries, even from minor slip and fall accidents can lead to long term problems. Like injuries sustained in a rear-end collision, a slip and fall can seem not so bad at the time it happens and soon thereafter you might have nerve and muscle pain stemming from all kinds of internal injuries. Chiropractor and hospital bills can be extensive, and you may need to file a lawsuit against the liable party, even it if is your ex-husband.


How may judges and juries react to a suit against a former spouse?

What would you think if you heard your neighbor say they were suing their ex-husband after slipping and falling on their driveway when going to pick up a child after weekend visitation? Would you be surprised if a judge or jury member raised their eyes at your claim? While it may be human nature to be suspect of ex-spouses and their claims against one another, an injury is an injury.

Consider neighbors and dog bite cases and the reality that when a dog bites your neighbor you understand why they make a claim against you for injuries and you anticipate your homeowner’s insurance policy will pay the claim. Similarly, with a slip and fall occurring at the home of an ex-spouse, the injury happens as it would and is not likely purposeful or a function of a vindictive ex. So long as the facts are clear, the injury case should be treated like any other and the status of the defendant being a former spouse should not be at issue.

Car Accident Injuries: When to Settle and When to Sue

If you have been hurt in a car accident, it is likely that you will have medical bills and other expenses to cover. In the event that negligence played a role in the accident, it may be possible to get compensation to cover those costs. How do you decide if you want to get that compensation through a settlement as opposed to going to court? While it’s advisable to discuss this matter more specifically with a car accident lawyer Milwaukee WI trusts, here’s a brief overview of your two options.

When Should You Settle?

As a general rule, you should never settle a case until you have talked to an attorney. Insurance companies and other potentially liable parties may want to give you less than you are entitled to in an effort to make the case go away. However, it may be a good idea to settle your case if the other side is willing to give you what you want with little hassle.

Settlements may also be best if you are partially responsible for the accident and don’t think that a jury would rule in your favor. Legal counsel will likely advise you as to whether or not the evidence indicates that you were at all liable for your injuries. Finally, agreeing to a settlement may be best if you would rather get something now as opposed to going through a long civil trial.

When Should You Sue?

It may be better to file a lawsuit if the other side is not negotiating in good faith. In some cases, this is because opposing counsel thinks that they have a strong case and would rather go to trial. It could also be because the sides are too far apart when it comes to how much you should be awarded.

If the party liable for your injuries is a major corporation, it might want to go to court in an effort to save face. Alternatively, it may decide to drag out the legal process because the corporate entity knows that the average person can’t fight a legal battle forever. However, in a personal injury case, your attorney generally doesn’t get paid unless you win, so it may be in your best interest to be patient.

What to Know About Filing a Lawsuit

Many states have statutes of limitations relating to filing personal injury lawsuits. Typically, you have two or three years to file your case before you forfeit the right to claim compensation through a formal trial. This is why you may benefit from talking with a car accident lawyer as soon as possible after your accident. It is also why your attorney will likely suggest that you file a lawsuit even if you want to settle. In many cases, a judge will ask you to engage in settlement talks prior to proceeding with a trial.

 

Deciding whether to settle or to sue the person who hurt you is just one of many decisions that you will make during the legal process. However, it could set the tone for how your entire case plays out. Therefore, be sure to think carefully about your choice, and it may not be a bad idea to consult with an attorney before making it.

 

Thanks to our contributors from Hickey & Turim, S.C. for their insight into car accident cases.

 

Recommendations for a Back Injury

The pain and limitations associated with a back injury can feel devastating at times, especially at the beginning of your recovery treatment. It is important you follow all doctor’s guidelines when it comes to taking care of yourself. There are a few factors you should be aware of in order to ensure you continue living life in the fullest way possible, yet are seeking assistance if your back is limiting your movement ability.

Keep a File of Medical Records
Maintain an organized file of all medical records that are related to your back injury. This can include medical bills, hospital visits, doctor’s assessments, chiropractor appointment receipts and work restriction documents. If one day you find out you can receive compensation for your back injury, this paperwork will be key to your financial return.

Wear Appropriate & Protective Gear
It is not uncommon for people to not wear appropriate gear because they fear of looking silly or not strong to others. By not utilizing a tool such as a brace, it can worsen or cause a back injury that may have been prevented. Especially if you are already injured, the worst thing you can do is move in a manner that sets you backward. Your body and doctor will not be pleased with you, and it will only take longer until you are healthy.

Hire a Moving Company
Doing any lifting above a certain weight as restricted by your doctor can hinder your back from healing properly. Many people do not realize a moving company relies on can be a resource for times that do not involve relocating to another home; additionally, some offer cleaning services too. It may be a great investment to have a professional hand tend to the lifting around your home and do the cleaning, so you can focus on getting better.

Don’t Overdo It
Take seriously your doctor suggestions and listen to your body. Right now, your body is focusing on healing and it may cause immense pain to overestimate your ability to use your back during this time. Move at an easy pace and do not rush the treatment process.

Practice Exercises
Your doctor may give you exercise to practice. Even if you do not feel a difference right away, over time you will notice positive changes. Back injuries do not typically recover quickly, so taking the time to stretch and do approved workouts will be beneficial long term.

Hire an Attorney
If you are suffering your back injury as a result of another person or company and their negligence, then you should seek the representation of an attorney right away. You will need professional counsel and advice when it comes to filing the claim and help throughout the process, especially if your case goes to court.

Regardless the circumstances surrounding your back injury, what is most important is working towards wellness and happiness. Take care of yourself so you can strengthen your back and hopefully get to the place you were before you injured your back.

2nd DUI

What is Driving Under the Influence?

Driving Under the Influence is a law that is directed to anyone under the age of 21, who is suspected to be drinking and driving a motor vehicle or watercraft. The Texas Alcoholic Beverage Code Section 106.041 states that a minor can receive a DUI violation if he has ANY detectable amount of alcohol in his system. In other words, you can have 0.01% of alcohol in your system and if you’re driving, you’re violating this code.

What are the penalties for a 1st DUI charge?

If it is your first DUI violation you can be charged with a Class C Misdemeanor, a fine only punishment that cannot exceed $500. You will also have to do some sort of community service that focuses on the education or prevention of the misuse of alcohol that can range from 20 – 40 hours, depending on what the judge orders. If it is your first and you receive deferred, you can have the case expunged.

What if I am facing a 2nd DUI conviction?

The penalties for a 2nd DUI charge are more stringent. If it is your 2nd time receiving a DUI conviction, then the court can order a fine anywhere from $500 to $2,000, jail time not to exceed 180 days, or the court can order both of these penalties.

The community service hours are also raised, the court can order anywhere from 40 – 60 hours. Another disadvantage is that you will not be able to get your case deferred, therefore disqualifying your case from an expunction.

Whether your case is a first DUI or 2nd, an experienced attorney such as the criminal defense attorney  locals trust can work with you to try and have these fines and hours reduced, making the process as swift and manageable as possible.

Horrific Dog Bite Victim Questions Dog Removal Delay

A Flint, Michigan dog bite victim is asking why it took authorities so long to remove the dogs that attacked her.

Fifty-nine-year-old Karen Coleman lives next door to a neighbor who has five pit bulls. She would often walk past the dogs playing in the neighbor’s yard and never gave them a second thought because they did not look vicious and were contained at all times. However, that all changed on Sunday, September 24, when two of those dogs got out of the yard and attacked her as she was headed to church.

According to Coleman, the dogs came right at her, leaving her no time to get away or even think about what to do. One dog grabbed her by her front while the other attacked her at her back, leaving her to try and fight off both dogs at once while the animals came at her from different directions. She managed to hold off one dog while the second tried to drag her down the street. Fortunately, another neighbor heard her screams and ran over, grabbing a chair and hitting the dogs with it to get them to retreat.

Coleman ended up with more than 40 stitches to her face as a result of the dog attack, and she still may lose an eye due to the excessive damage to her facial area. Naturally, when she returned home from the hospital, she expected the two dangerous dogs to have been removed from her neighbor’s home and was stunned to discover both animals were still there.

For two days, Coleman lived in fear, with the vicious dogs still right next door. Finally, on Tuesday, officials from the Genesee County Animal Control came to take the dogs, which were surrendered by the owner. Coleman, however, and others in the community are now rightfully asking: what took so long?

Paul Wallace, Director of the Genesee County Animal Control, said the reach of his office is limited in cases like these. According to Wallace, his office is operating under dog law statutes that only give them two laws they can enforce: dogs running loose and dogs without a license. When a dog bite is reported to his agency, they go out to the home and the dog is put under quarantine for 10 days. It’s up to the victim and the dog owner to decide the animal’s fate, with the court sometimes stepping in. Wallace noted that in many places, the victim has to go to court and say the dog needs to be removed because it’s a danger to others.

In Coleman’s case, both dogs are expected to be euthanized, but she is still living with the fear and pain from what happened. Due to the devastation to her face as a result of the attack, she will also have to undergo more medical visits for the foreseeable future.

Can a Chiropractor Treat My Car Accident Knee Injury?

When someone files a personal injury claim against the party at fault, the cost of their injury expenses, including medical treatments, are included. As chiropractors, we see a lot of people who have been hurt who are also involved in litigation to recover their accident damages. In fact, it is quite common for chiropractors to treat accident victims.

Common Car Accident Injuries

In many instances, a person can be injured in a car accident but not realize it immediately. Depending on the injury, it could be days or even weeks before the symptoms present. Unfortunately, because they’re unaware of where or even how they’re injured, it makes them vulnerable to exacerbating their injury. This is why it’s important to see a medical professional any time your body has been forced to undergo physical movement that is not natural. These are some of the most common injuries we see in patients who were victims of car accidents:

Treating Injuries from Car Accidents

As chiropractors, we are specially trained to treat back and neck injuries which are often as a result of auto accidents. All too often, people who have been hurt in a car accident or sudden impact incident experience joint pain, intense stiffness, and muscle pain. Knees hitting the dashboard is one of the most common car accident injuries.

A lot of the time mobility issues associated with knee damage, overall stiffness and pain prevents people from being able to complete their daily activities. This may include their job duties which can cause them to lose work days, or even their job.

It’s very important that anyone seriously injured in a car accident seek medical attention immediately. The longer they wait, the more likely their injury will worsen, and that can develop into lifelong problems. Contacting an experienced legal professional such as the personal injury attorney is recommended.