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Catastrophic Injury Case

Catastrophic Injury Lawyer 

In a catastrophic injury case, gathering and presenting the right kind of evidence is crucial for establishing the severity and impact of the injury, determining liability, and maximizing the potential compensation. Catastrophic injuries are severe, life-altering injuries that result in long-term or permanent disabilities. To build a strong case, it is essential to collect various types of evidence that demonstrate the extent of the injury and its impact on the victim’s life.

Here are some key types of evidence needed for a catastrophic injury case:

  1. Medical Records and Expert Testimony: Comprehensive medical records are the foundation of any catastrophic injury case. These records should include diagnoses, treatment plans, surgical procedures, rehabilitation notes, and any other relevant medical documentation. Expert testimony from medical professionals such as doctors, surgeons, therapists, and specialists can provide valuable insight into the nature of the injury, its long-term effects, and the necessary medical care and costs associated with it.
  2. Imaging and Diagnostic Reports: Imaging tests, such as X-rays, CT scans, MRIs, or PET scans, play a critical role in illustrating the extent of the injury. These visual representations can provide objective evidence of the physical damage sustained and help support the claim for compensation.
  3. Witness Statements: Eyewitness testimony can be invaluable in establishing the circumstances surrounding the accident or incident that led to the catastrophic injury. Witness statements can help reconstruct events, determine liability, and corroborate the victim’s version of the incident.
  4. Accident Reports: If the injury occurred as a result of an accident, obtaining official accident reports is essential. These reports, typically filed by law enforcement agencies or other relevant authorities, provide crucial details about the incident, including date, time, location, weather conditions, and any contributing factors or violations.
  5. Employment and Wage Records: Catastrophic injuries often have significant financial consequences. Collecting employment records, including salary or wage information, can demonstrate the impact of the injury on the victim’s ability to work and earn a living. These records can help calculate past and future lost wages or earning capacity.
  6. Rehabilitation and Therapy Records: As a lawyer, rehabilitation and therapy records can illustrate the victim’s ongoing medical needs, the progress made in recovery, and the long-term prognosis. These records demonstrate the necessity of ongoing medical care, assistive devices, therapy, and other services required to improve the quality of life after the catastrophic injury.
  7. Psychological and Emotional Reports: Catastrophic injuries can have a profound impact on the victim’s mental and emotional well-being. Obtaining psychological evaluations and reports from mental health professionals can help establish the emotional distress, pain and suffering, and the need for counseling or therapy.
  8. Expert Testimony on Future Care and Costs: Experts, such as life care planners, economists, or financial analysts, can assess long-term care needs, project future medical costs, and calculate the value of ongoing care and assistance required by the victim due to the catastrophic injury.

It is important to consult with an experienced lawyer who specializes in catastrophic injury cases to ensure that all necessary evidence is properly collected, organized, and presented. A lawyer can guide you through the legal process, work with experts, and build a strong case to seek the maximum compensation. Reach out to a local law office today.

 

Steps To Take To Start A Personal Injury Case

Personal Injury Lawyer

A personal injury case arises when a person suffers physical or emotional harm due to someone else’s negligence or intentional actions. If you’ve been injured in an accident or incident caused by another person, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. Here are the steps to take to start a personal injury case.

  1. Seek Medical Attention: The first and most important step is to seek medical attention for your injuries. This not only ensures that you receive the proper treatment and care but also documents your injuries for your case. Your medical records and bills will be important evidence in your case.
  2. Document the Accident Scene: If possible, take photos of the accident scene, including any damage to vehicles or property, as well as any visible injuries you or others may have sustained. If there were witnesses to the accident, get their contact information, as they may be able to provide testimony to support your case.
  3. Contact a Personal Injury Attorney: Contact a personal injury attorney as soon as possible. An experienced attorney can assess your case, help you understand your legal options, and guide you through the legal process. Personal injury attorneys often work on a contingency fee basis, which means they only get paid if you win your case, so there’s no upfront cost to you.
  4. File a Claim: Your attorney will help you file a claim with the responsible party’s insurance company. This claim will include a demand for compensation for your medical expenses, lost wages, and other damages.
  5. Negotiate a Settlement: The insurance company may offer a settlement to resolve your case. Your attorney will review the offer and negotiate on your behalf to try to obtain the maximum compensation possible.
  6. Litigation: If a settlement cannot be reached, your attorney may recommend filing a lawsuit. Your attorney will gather evidence, interview witnesses, and prepare your case for trial.
  7. Trial: If your case goes to trial, a judge or jury will hear the evidence and decide whether the responsible party is liable for your injuries and damages, and if so, how much compensation you are entitled to.

Help From Experienced Law Firms

Starting a personal injury case can be a complex and daunting process, but with the help of an experienced personal injury attorney, you can navigate the legal system and fight for the compensation you deserve. Remember to seek medical attention, document the accident scene, contact an attorney, file a claim, negotiate a settlement, and be prepared for litigation if necessary. By taking these steps, you can increase your chances of a successful outcome and get the compensation you need to move forward after your injury according to a personal Injury lawyer near you for help today.

Solutions For Probate Litigation

Insurance Law Lawyer

Probate litigation issues can be complicated and stressful for all parties involved, especially as you may need more than one kind of attorney to help such as an insurance law lawyer depending on how your loved one died. Probate litigation arises when there is a disagreement or dispute over the distribution of a deceased person’s assets. However, there are several ways in which probate litigation issues can be resolved. A probate litigation attorney like one from Silverman Law Office, PLLC can review many options when they are attempting to resolve a probate litigation case.

Mediation

Mediation is a popular option for resolving probate litigation issues. In mediation, a neutral third-party mediator is hired to help the parties involved come to a mutually acceptable solution. Mediation is a less formal process than going to court and is often faster and less expensive. During mediation, both parties present their case to the mediator who then helps them work out a solution that is agreeable to both parties.

Arbitration

Lawyers often consider arbitration when a conflict that involves probate arises. In arbitration, a neutral third-party arbitrator is hired to make a binding decision on the case. The arbitrator hears both parties’ arguments and makes a decision that both parties are legally bound to follow. This option is often faster and less expensive than going to court, but the decision of the arbitrator is final, and there is no opportunity for an appeal.

Settlement negotiations

Settlement negotiations are another common way to resolve probate litigation issues. In settlement negotiations, the parties involved in the dispute work out a mutually acceptable solution without the need for a trial. Settlement negotiations can occur at any time during the probate litigation process, and they can be initiated by either party. The sooner that settlement negotiations can be finalized, the faster a case can typically be resolved, which is beneficial for all parties.

Litigation

Litigation is the most formal way to resolve probate litigation issues. In litigation, the case is presented to a judge, who then makes a decision on the case. Litigation can be a lengthy and expensive process, but it allows for a more formal decision-making process. Judges make the final decision when a case is taken to trial.

Collaborative law

Collaborative law is a relatively new approach to resolving probate litigation issues. In collaborative law, both parties involved in the dispute hire attorneys who agree to work collaboratively to reach a mutually acceptable solution. The attorneys work together to identify the issues in the case, and then they work to find a solution that is acceptable to both parties. Because it is less costly and time-consuming, collaborative law is often a favorable way to resolve a probate litigation case.

Probate litigation issues can be complex and stressful, but there are several ways in which they can be resolved. Mediation, arbitration, settlement negotiations, litigation, and collaborative law are all options that can be used to resolve probate litigation issues. Each of these options has its own advantages and disadvantages, and the best option for resolving a particular case will depend on the specific circumstances involved. It is always recommended to consult with an experienced attorney to determine the best course of action for resolving probate litigation issues. Learn more about possible legal options you can explore by contacting a reputable lawyer now.

Your Ultimate Guide to Medical Malpractice Lawyers: FAQs Answered

Medical Malpractice Lawyer

Are you or your loved one a victim of medical negligence? Do you suspect that you have suffered harm due to a medical professional’s error or misconduct? If so, you may need the help of a medical malpractice lawyer. Medical malpractice cases can be complex, and navigating the legal system can be overwhelming. Knowing the answers to these FAQs can help you better navigate this process.

What is a medical malpractice lawyer?

A medical malpractice lawyer is a specialized attorney who handles cases where patients have suffered harm due to medical negligence. Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, resulting in injury or death to the patient. Medical malpractice lawyers are familiar with medical laws, regulations, and standards, and know how to handle cases accurately.

When should I consider hiring a medical malpractice lawyer?

If you believe that you or your loved one has been a victim of medical negligence, it’s important to consult with a medical malpractice lawyer as soon as possible. The statute of limitations, which is the time limit for filing a medical malpractice claim, varies by state and can be as short as one year. It’s crucial to act promptly to protect your legal rights and ensure that you have enough time to gather evidence, build a strong case, and meet all the legal requirements for filing a claim.

What can a medical malpractice lawyer do for me?

A medical malpractice lawyer can provide you with invaluable legal assistance throughout the entire process of filing a claim and pursuing compensation. They can help you gather evidence, review your medical records, consult with medical experts, assess damages, negotiate with insurance companies, and represent you in court, if necessary. A skilled medical malpractice lawyer will work tirelessly to protect your rights and maximize your chances of obtaining fair compensation for your injuries and losses.

How do I find a qualified medical malpractice lawyer?

Working with an experienced medical malpractice lawyer can greatly determine your case’s success. You can start by asking for referrals from trusted friends, family, or healthcare professionals. You can also research online, read reviews, and check the credentials and experience of potential lawyers. Look for lawyers who specialize in medical malpractice and have a proven track record of handling similar cases. It’s important to schedule consultations with potential lawyers to discuss your case in detail and determine if they are the right fit for you.

What should I expect during a medical malpractice lawsuit?

Medical malpractice lawsuits can be lengthy and complex processes. Your medical malpractice lawyer will guide you through each step. These steps often include filing a complaint, conducting discovery, negotiating with insurance companies, and possibly going to trial. Your lawyer will keep you informed of the progress of your case, explain your legal rights and options, and advocate on your behalf to ensure that you receive fair compensation for your injuries and losses.

How much does a medical malpractice lawyer cost?

Medical malpractice lawyers typically work on a contingency fee basis, which means they only get paid if they win your case. The fee is usually a percentage of the total compensation you receive. This exact percentage can depend on the lawyer you’re working with alongside your case’s complications. It’s important to discuss the fee structure and any other costs or expenses with your lawyer upfront, so you have a clear understanding of what to expect.

If you believe that you or your loved one has been a victim of medical negligence, a qualified medical malpractice lawyer can be your advocate in seeking justice and compensation. They can guide you through the legal process, protect your rights, and help you obtain the compensation you deserve. A medical malpractice lawyer from our friends at Ward & Ward Law Firm can help.

Injured By An Uber Or Lyft

Rideshare Accident Lawyer

With an estimated 1.7 million drivers and counting, Uber and Lyft are some of the biggest rideshare companies that allow people all over the world to get from one location to another without stepping foot behind the wheel of a car. While these companies often provide a safe means for getting to a person’s destination, if you are injured as a passenger in an Uber or Lyft or are injured when you are driving another car, you should seek medical and legal help as soon as possible. Things can become complicated depending on various factors, including which state you are in when the accident took place, how many people were involved in the accident (was it a 3-car pileup?), and when you are trying to figure out whose insurance will cover your injuries. When you were injured by an Uber or Lyft driver and want to file a claim, reach out to a trusted law office, such as Kantrowitz, Goldhamer & Graifman, pc

Are drivers considered to be employees? 

This is one of the factors that can complicate your claim. Uber and Lyft do not classify their drivers as employees but consider them to be independent contractors. This distinguishing factor can help rideshare companies avoid many expensive lawsuits.

What should you do following an accident? 

Following an accident with an Uber or Lyft driver, you should first call 9-1-1 if you believe that you or another person involved in the accident has been injured. This can help if you and emergency medical attention but it can also help when a police officer arrives to create a police report. If you are safe to move following the accident, you should:

Are there ways to report the accident?

It is best to seek help from a lawyer you can rely on, like a rideshare accident lawyer, so that they can direct you as to the best way to start a claim. In most cases, you will want to go to the rideshare company’s website and report the accident there. It will help to have a lawyer with you when speaking with the company or direct calls to go through your lawyer from the start. Your lawyer will be able to handle the negotiation process and know what kind of settlement will be reasonable given any property damage and the injuries you have suffered. Uber and Lyft’s liability insurances cover injuries if you were driving the other car or if you were injured as a passenger in an Uber or Lyft. Speak with your lawyer about the details of your case to learn how you may be able to get compensation after a rideshare accident caused your injuries.

The High Risk Of Fatalities In Bicycle Accidents

Bicycle Accident Lawyer

Bicycling has become popular over the past few years. People ride for recreation, exercise, and even for transportation. As fun and healthy as cycling can be, it can also be one of the most dangerous activities to engage in because of the high risk of bicycle accidents.

According to national statistics, almost 1,000 people are killed each year in bike accidents. The majority of these crashes occur between 6 pm and 9 pm, accounting for approximately 20 percent of fatalities. Tragically, alcohol plays a major role in these accidents, responsible for 30 percent of bike accident deaths. These statistics also reveal that 70 percent of bicycle accidents happen in heavily populated urban areas.

There are also some common factors regarding the victim themselves. Approximately 80 percent of victims killed are male and the average age of these victims is 45 years of age.

There have been numerous studies conducted to determine the major causes of bike accidents. Many vehicle drivers say they did not see the cyclist victim leading up to the accidents. This seems to be confirmed based on the direction in which the majority of victims are hit – at an angle.

Bike Accident Injuries

With no barrier to protect the rider from the impact of the vehicle hitting them, many bike accident victims suffer severe injuries in crashes that can leave the with permanent disabilities. Some of these injuries are so catastrophic that the victim is unable to survive.

Under each state’s personal injury law, bike accident victims have the legal right to pursue damages for the losses they suffer as a result of their injuries. A bicycle accident lawyer can help victims pursue an accident claim against the at-fault driver. The claim is filed against the driver’s automobile liability insurance policy.

Some of the more common injuries suffered by bike accident victims include:

Bike Accident Damages

Victims of bike accidents can pursue legal action to obtain financial compensation for the losses they sustain, including:

Thank you to our friends at Woron and Dhillon, LLC for their insight into bicycle accidents and bicycle accident claims.

Most Common Causes Of Motorcycle Accidents

Motorcycle Accident Lawyer

Motorcycles are undoubtedly a fun and exciting mode of transportation, giving riders a sense of freedom and adventure that is hard to match. It is also important to acknowledge that motorcycles are also inherently dangerous and require a great level of responsibility. The same factors that make riding a motorcycle exhilarating – the speed, the agility, the feeling of being one with the road – can also lead to accidents and injuries. While it is possible to minimize the risks by taking safety precautions and riding responsibly, it is essential to recognize that riding a motorcycle carries a higher level of risk than driving other vehicles. That said, if you find yourself a victim of a motorcycle accident, it could be in your best interest to hire a trusted motorcycle accident lawyer. Working with skilled legal advisers will ensure the smoothest and most efficient legal journey possible. For now, we’ve listed below some of the most common causes of motorcycle accidents that you should be aware of.

Failure to Yield Right of Way: Many motorcycle accidents occur when drivers of other vehicles fail to yield the right of way to motorcyclists. This can happen at intersections, when changing lanes, or when merging onto a highway. In other words, this is a common form of negligence and typically a cause for an accident that could have been avoided.

Speeding: Speeding is a common cause of motorcycle accidents. When motorcyclists exceed the speed limit, they have less time to react to obstacles or hazards on the road. Unfortunately, drivers will be careless, and they don’t consider that their recklessness can actually impact others. They are not just putting themselves at risk.

Distracted Driving: Distracted driving is a significant cause of all types of accidents, including motorcycle accidents. When drivers are texting, talking on the phone, or engaging in other distractions, they are not fully focused on the road.

Lane Splitting: Lane splitting is a practice in which motorcyclists ride between lanes of traffic. This can be dangerous because drivers may not expect to see a motorcycle in their blind spot.

Driving Under the Influence: Driving under the influence of alcohol or drugs is a major cause of motorcycle accidents. Impaired drivers have reduced reaction times and impaired judgment, which can lead to collisions with motorcycles.

Failure to Use Turn Signals: When drivers fail to use turn signals, they can cause confusion and lead to collisions with motorcyclists.

Poor Road Conditions: Poor road conditions, such as potholes or debris, can be especially dangerous for motorcyclists, who are more vulnerable to losing control of their bikes.

Inexperienced Riders: Inexperienced riders are more likely to be involved in accidents, as they may not have the skills or experience to handle unexpected situations on the road. Riders can easily be overconfident about their comfort on a bike, and this put other drivers around them in danger.

Sudden Stops: When drivers make sudden stops, it can be difficult for motorcyclists to avoid colliding with their vehicles.

Vehicle Malfunctions: Vehicle malfunctions, such as brake failure or tire blowouts, can cause motorcyclists to lose control of their bikes and collide with other vehicles or objects.

Thanks to our friends at the Law Offices of David A. DiBrigida for their insight into motorcycle accidents.

What Can Influence Your Car Accident Settlement

Car Accident Lawyer

If you have sustained injuries in a car accident, you may be eligible to receive compensation for your losses. This can include your medical bills, lost wages, and property damage. Many accident victims wonder how much they will receive from their settlement. The answer depends on the unique circumstances of your case.

Here are several things that can determine how much you will receive from a car accident settlement.

Fault

Sometimes it is very clear that the other driver is solely responsible for a car accident. Other times, fault may be unclear or shared by two drivers. If the other driver is found entirely at-fault for the accident, with the help of an attorney you may recover all of your damages. On the other hand, if you are partially to blame for the accident, your compensation will likely be reduced.

Immediate Medical Attention

After a car accident, it is critical to seek immediate emergency medical attention for your injuries. However, some people may delay medical care because they feel okay initially. Often the adrenaline from an accident prevents you from fully feeling the effects of the crash until the following day. However, waiting to see a doctor can harm your injury case. The insurance company may try to argue that you were not actually injured if you did not seek prompt medical attention after the accident. Therefore, it’s wise to be checked out by a medical provider immediately following an accident.

Types of Injuries

As a car accident lawyer can confirm, the type of injuries you sustain in a car accident can greatly influence how much compensation you receive. Generally, the more severe your injuries are, the larger your settlement will be. For example, you may receive a much higher settlement for a traumatic brain injury than if you had suffered a sprain or laceration. Traumatic brain injuries can require extensive rehabilitation, which can mean costly medical bills.

Permanent Disabilities

Severe car accidents can sometimes cause permanent disabilities, like amputations, paralysis and severe burns. Treating these disabilities can get very expensive. Those who sustain permanent disabilities may need long-term personal care. They may also not be able to work anymore, which can make them lose future income.

Statements You Take

Following a car accident, you have to be careful about what you say. For example, you never want to say “I’m sorry” or other statements at the accident scene that may indicate fault. Our friends at Cohen Legal advise that if you talk to an insurance adjuster about the accident, do not admit to fault and or say that you feel fine. You also should not agree to give a recorded statement to the insurance company.

Whether You Hire a Lawyer

Many injury victims do not know the true value of their claims, so they can get taken advantage of by insurance companies. They may accept a low settlement offer that does not cover all of their damages. That is why it is important to work with an experienced car accident lawyer. He or she will know the actual value of your case and fight for the compensation you deserve. You may have a higher chance of receiving a fair settlement with a lawyer.

Bicycle Safety Tips

Personal Injury Lawyer

Bicycle accidents can be very severe, and often result in serious injuries. In fact, bicycle accidents are one of the leading causes of serious injuries and death in the United States. This is because bicyclists are not protected by a car’s frame or airbags, and they often suffer serious head injuries in accidents. The most common injuries in a bicycle accident are head injuries, neck injuries, and spine injuries. These injuries can be very serious and can often lead to long-term health problems. In addition, they can often be very expensive to treat. This is why it is important to seek medical attention right away if you are involved in a bicycle accident.

Bicycles are one of the most popular modes of transportation in the United States. However, they are also one of the most dangerous. This is because bicyclists are not protected by a car’s frame or airbags, and they often suffer serious head injuries in accidents.

In addition, drivers often do not see bicyclists, especially when they are driving at night or in bad weather. This can lead to tragic accidents in which the bicyclist is hit by a car.

Bicyclists should always wear a helmet when they are riding, and they should make sure that they are visible to drivers. They should also avoid riding in the dark or in bad weather.

There are several things that bicyclists can do to protect themselves from serious injuries in an accident:

  1. Wear a helmet. This is the most important thing that a bicyclist can do to protect himself or herself in an accident. A good helmet can save a cyclist’s life in a serious accident.
  2. Use reflectors and lights. Make sure that your bicycle has reflectors on the front and back, and use headlights and taillights when riding at night.
  3. Ride with traffic. Ride on the right side of the road, and use hand signals to indicate when you are turning. This will make you more visible to drivers and will help to prevent accidents.
  4. Follow the rules of the road. Cyclists are subject to the same laws as drivers, so make sure to follow all traffic signs and signals.

If you are injured in a bicycle accident, you should seek medical attention right away. You should also contact a personal injury lawyer to discuss your legal options. An attorney can help you file a lawsuit against the driver or the municipality responsible for the accident. You may be entitled to receive financial compensation for your injuries.

Thanks to Andrew R. Lynch, P. C. for their insight into bicycle accident related personal injury law.

Avoiding Life Insurance Loopholes

The insurance industry is known for having incredibly complex contracts, and life insurance is no exception to this rule. As you might expect, the reason for this is money. According to statistics from the Insurance Information Institute, life insurance is a multi-billion dollar industry, and the companies want to keep it that way. Some families have even had to turn to an estate planning lawyer to represent them against the insurance company.

One of the ways that life insurance companies do this is by fighting against paying valid claims. The money they do not have to pay out is money that they can ultimately keep for themselves, and even just delaying the payments can be profitable for them. Life insurance companies have two main tools for insurance claim disputes, policy cancellations, and policy exclusions.

Policy Cancellation

A policy cancellation is exactly what it sounds like. The insurance company cancels a claimant’s policy in order to avoid paying out a claim. This is a particular problem during the first two years of the policy’s life, which is known as the contestability period. During this period, the insurance company may examine the policy looking for misrepresentations or omissions, and then cancel the policy if they find any. They even have the option of doing this after a person has already made a claim, and they are allowed to cancel regardless of whether the omitted information has anything to do with the actual cause of death.

A similar issue, but one that can last beyond the contestability period, is the material misrepresentation clause. This clause allows the insurer to cancel the policy at any time if they discover a lie or omission that would have caused them to not issue the policy in the first place. However, even people with perfectly accurate applications are not safe from having their claims contested.

Exclusions

In cases where the person’s application cannot be contested, insurance companies may still attempt to avoid paying out for claims based on policy exclusions. These exclusions are specific events or actions that the insurance company has excepted from the policy. There are a variety of different policy exclusions that insurers may use, and they vary from policy to policy, but they may include:

The exact limits of these exclusions can depend on the precise policy language. For instance, some policies’ exclusions for alcohol and drug use exclude only illegal substances, while others exclude legal ones too. This can be especially complicated because some policies require the substance to be the cause of the death, while others only need the substance to be in the person’s system at the time of death.

Contact an Estate Planning Law Firm

If you would like to learn more about your estate planning options, contact a seasoned attorney, like an estate planning lawyer from the Law Group of Iowa.