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Is It Possible To File A Lawsuit If My Child Was Injured At The Beach?

Personal Injury Lawyer

It’s all too common for a child to be injured while at the beach. You may be entitled to compensation for injuries sustained by your child if they were hurt while at the beach. Whether or not you qualify to receive compensation will depend on several factors as determined by the court.

Private Beaches Versus Public Beaches

If your child was injured at the beach, you may have the right to sue the property owner. You will be required to prove that the owner of the beach played a role in the injuries that were sustained due to their negligence. It is important to note that laws vary by state. In most places, you will have three to six months to file a Notice of Claim or Notice of Intent if your child was injured at the beach. You could lose your right to file a claim if you do not file a Notice of Intent in time.

Statute of Limitations

The statute of limitations varies, allowing anywhere from one to five years depending on the state in which you reside. Depending on the situation, the process will be different whether you are suing the government, a commercial business, or a private citizen.

Beach Related Injuries

There are a number of injuries that could happen at the beach that you should be aware of. Drowning isn’t the only injury that can occur at the beach. Some other injuries could include:

  • Slipping and falling
  • Unsafe equipment, such as playground structures
  • Injury from conditions of the water
  • Being cut by glass

It is important to note that if a person were to drown at the beach, compensation would not be guaranteed. When an accident occurs as the result of a natural circumstance, such as a riptide, the property owner can not be held accountable. Whether the beach is privately or publicly owned, the property owner is responsible for the upkeep of the beach and ensuring that it is safe. A property owner could be considered negligent if they do not maintain the beach by keeping it free of debris such as glass and other objects. They may also be considered negligent if they fail to maintain equipment on their property such as a play structure and someone slips and falls as a result.

Contact an Attorney

It will be in your best interest to speak with an experienced lawyer, like a personal injury lawyer, if your child sustained an injury while at the beach. They will be able to determine if you have a case by looking at the factors that led to the injury. There is no risk in speaking with an attorney, as the majority of personal injury lawyers offer the first consultation for free.

Actions to Take After a Car Accident

Personal Injury Lawyer

Car accidents can be unnerving. You may faithfully come to a stop at stop signs, use your blinker when making a turn, and allow pedestrians time to cross before proceeding into an intersection. However, even the safest of drivers can still get into accidents because others on the road are driving negligently and distracted. Especially if you have never been in a car accident before, you may be overwhelmed and unsure of what to do. There are a few steps you can take to protect yourself from future harm and to help when you want to file a car accident claim.

What should I do if the other driver was uninsured? 

This is, unfortunately, a possibility that requires its drivers to hold auto insurance, not all drivers will obey this law. In this instance, you would rely on your own insurance to cover costs for things like medical needs and property damage. If your insurance does not fully cover what you need, you will need to pay the rest out of pocket. Speaking with a lawyer about filing a personal injury lawsuit may be the way to go if you would like to have your expenses covered.

What if the car accident was partially my fault? 

Even if you believe that the car accident was partially your fault, you should still not say anything about it to the other driver or their insurance company. Without all of the details, it is hard to understand precisely what caused the accident and who is fully or partially responsible. Especially when you are concerned about being partially responsible for the car accident, you may wish to enlist the help of a lawyer like a car accident lawyer.

What can be helpful to bring if I have a consultation with a lawyer? 

If you take the plunge and meet with an attorney for your car accident, there are a few things that can be helpful to bring to your consultation.

Remember, your priority after being in an accident is making sure you get the medical attention you need. Car accidents can leave many people suffering from invisible injuries, like traumatic brain injuries. You want to ensure you are getting the care you need. If you are interested in legal help, consider working with a local attorney to start your claim.

You might be wondering if you truly need a car accident lawyer. If you have been injured by a negligent driver, seeking legal help can give you direction about what to do about your case. Meet with a car accident lawyer who has the experience to give you trusted legal advice that you need so you can obtain your deserved compensation.

 

Insurance Coverage for a Bike Crash

Personal Injury Lawyer

When you’re in a bicycle crash, you may wonder where the compensation is going to come from. You now have medical bills to pay for, property damage to take care of, and a variety of other expenses resulting from your accident. Is there some type of insurance coverage for a situation like this? The following are some options to consider.

Homeowner’s and Renter’s Insurance

When you purchase homeowner’s or renter’s insurance, you are insuring everything that is considered your property. Your bike is your property, so if someone pulls into your driveway and runs it over, you have insurance coverage to replace it. What if your bike sustains damage off the premises? It is still considered your property and it is still covered, but there may be some limits that apply.

If you’re involved in a bicycle accident in which you were at fault, your homeowner’s or renter’s insurance will not cover to replace the bike. If you’re hit by a car while legally riding down the street, the insurance coverage would step in to replace your bike. Some homeowner’s or renter’s insurance policies even include no-fault medical coverage up to a certain limit.

Auto Insurance

In most bicycle accident cases, you’d receive compensation through yours or the responsible party’s auto insurance. If you are hit by someone, be sure you get their insurance information so you can contact the insurer and let them know of your intent to file a claim. If the accident is a hit-and-run, or if the driver is uninsured, you can lean on your own auto insurance. You probably have something called “uninsured or underinsured motorist coverage.”

This is a protection to you if the other driver bails or is driving without proper protection. Some auto insurance policies also have something called “medpay,” which would be included in your own auto insurance policy, and is something you might be able to use. This type of coverage often caps at a certain amount, so you should speak with your insurer to find out.

Bicycle Insurance

If your bike is valued over $1,000, you might want to get insurance just for your bike. Whether you’re at home, on the road, or have the bike chained up somewhere, bicycle insurance will pay for the full value of your bike if it’s destroyed.

Contacting a Lawyer

Bicycle accidents can cause a host of issues, but you do have some options when it comes to insurance.

Embezzlement Charges Explained

Personal Injury Lawyer

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

What is embezzlement?

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

How is embezzlement different from theft?

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

Penalties for embezzlement

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

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

Types of embezzlement

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

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

Factors That Determine the Value of Loss in a Personal Injury Case

Personal Injury Lawyer

When you are injured in an accident that was caused by someone else’s negligence, the financial impact can be especially difficult. Medical bills, pain and suffering and the inability to work might all affect your finances and your future. If you plan to file a personal injury lawsuit as a way to recoup your losses, there are a few factors that can affect the economic value of your case you may want to be aware of.

  1. Future Medical Costs 

While an injury may land you in the hospital and cause several thousand dollars’ worth of medical bills, you may require future treatment for long-term bodily damage as well. For example, if you were hit by a drunk driver and suffered spinal injuries that require future surgeries and rehabilitation, you could add the total amount of these costs to your lawsuit. You may want to ask your doctor about the projected value of these medical needs so you can forward the information to your lawyer.

  1. Lost Earning Capacity 

If your accident prevents you from working, either temporarily or permanently, you might be able to add your inability to earn wages to the economic value of your case. This factor can be especially important if you were the main provider for your family and now the future of your household is in question. While future earning potential might be difficult to compute down to the dollar, your attorney may be able to help you decide a fair and reasonable amount.

  1. Judge and Jury 

Because all personal injury cases differ, there is typically no set dollar amount or universal award offered. Judges and juries usually use a damages model to consider what the case is worth, using several factors that might include your current and future impairments, how the injury has affected your quality of life and whether you are suffering any mental or emotional anguish as a result of the accident.

  1. State Damage Caps 

The amount you can receive from a personal injury case may be limited by your state of residence, but usually in cases of non-economic awards. Some laws may restrict the amount you can receive for future medical needs, while others cap punitive damages only. Your attorney can provide you with information regarding state caps and how they might affect your case.

Computing the economic value of your personal injury case can be difficult, but there is help available. Contact an attorney, today for further information and assistance.

The Time Limit Someone Has To File A Lawsuit

Personal Injury Lawyer

If someone else is responsible for a car accident you were in, that individual may owe you compensation for a variety of damages. Your lawyer can help you determine which damages to seek, and that may include pain and suffering, medical bills, lost wages, and a host of others. Once you make up your mind to file a lawsuit, how long do you have to do so? What happens if you miss the deadline? Are there any exceptions? The following should help you understand some of the answers to your most important questions.

Length of Time to File

Every state has a deadline called the statute of limitations. This is a length of time for which an individual has to file a lawsuit, starting from the time the accident occurred. Each state’s statute is different, though most range somewhere from two to four years. It’s possible, however, that your state only allows one year, or that your particular situation allows for an extension. This is why it’s important you speak with a lawyer who can assist you in getting the lawsuit filed within the right time frame.

Missing the Deadline

If you are unable to file your lawsuit within the time the statute of limitations gives, you typically forfeit your right to compensation. Many courts will deny your case if you try to file anyway. There are some exceptions, so it’s important to understand those as well.

Exceptions to the Statute of Limitations

Sometimes a judge will extend the time limit someone has to file a lawsuit, and it largely depends on the situation surrounding the car accident. For example:

Contacting an Attorney

After your car accident, you should have the assistance of an attorney. Contact your personal injury attorney today to learn what you can do to further your case along in the right amount of time.

 

Safety Tips for Dealing with Angry, Aggressive Drivers 

Personal Injury Lawyer

We have all encountered angry, aggressive drivers, honking their horn and tailgating others in the midst of traffic. In some situations, that may even be us. Aggressive driving is a common problem on roads across the U.S., and it is also a leading contributing factor in car accidents and injuries. To protect yourself, it is important to be aware of the potential dangers, as well as steps you can take to keep cool yourself when behind the wheel.

Car Accidents Due to Aggressive Driving

The Insurance Information Institute (III) states that while situations involving road rage, such as when one driver pulls a gun or crashes into another, make headlines, aggressive driving is far more common and dangerous. It is a leading contributing factor in more than half of all fatal car accidents throughout the country, responsible for close to 20,000 motor vehicle deaths each year. Common types of aggressive driving behaviors include:

Any of the above may be combined with angry gestures, such as making hand motions, blocking other drivers from passing, following drivers home, or even just yelling and honking their horn. The sense of anonymity drivers get being behind the wheel combined with external pressures at home or work can make this type of behavior more likely to occur.

Dealing with Aggressive Drivers

According to traffic studies from the American Automobile Association (AAA), nearly 80 percent of US drivers admitted to getting angry and taking some sort of aggressive action against another driver at some point over the past year. If you encounter an aggressive driver on the road, the AAA offers these tips:

If you are the one who is prone to anger, take a few deep breaths the next time you are sitting in traffic. Give yourself added time to get where you need to go, practice restraint in using your horn or making gestures, and remember that your actions could cause serious injuries for yourself as well as others.

Reach Out to Us for Professional Help

When car accidents result in injuries for you or someone you love, contact an attorney who has extensive legal experience defending the rights of their clients and can provide the professional legal representation you need to get compensation. Contact a personal injury attorney to request a consultation today.

 

Thanks to Davis & Brusca, LLC for their insight into personal injury law.

When a Car Hits a Pedestrian 

Personal Injury Lawyer

When you are young, one of the first things an adult teaches you is that you are supposed to look both ways when you cross the street, you should always cross on a sidewalk, and you should wait for a “walk” signal if you are crossing into an area of major traffic. While all of these rules still apply, it is possible to follow them and still become injured when you are obeying the law. Cars share the road with many different types of vehicles and while they should be looking to keep an eye out for pedestrians, they do not always do so. When this happens, serious accidents can occur. Pedestrian accident attorneys want you to know that if you have been in an accident with a car and are recovering from injuries, they are here to help you with your personal injury lawsuit.

Taking Documentation at the Scene

After an accident with a car, if you are not knocked unconscious, you may be wondering what you are supposed to do. The first thing you should always do is get to safety as quickly as possible. If you were thrown into the street and are able to walk, move to the side of the road or the sidewalk as soon as you can. After calling the police and waiting for them to arrive, see if you are able to take pictures of the scene. If you have your phone on you, take pictures of the street, the intersection, the car, your injuries, and anything else that could be relevant to the accident. You should also take down the names and contact information of witnesses who saw the accident occur.

See a Doctor

This means that if you believe you have serious injuries you should seek medical attention before doing anything else. Call 9-1-1 or have the police call for an ambulance to come to get you if you believe your life is in danger. If you are not sure of how serious your injuries are, you should still seek medical attention from a nearby doctor as quickly as possible. Remember, just because you don’t feel bad right now does not mean you do not have serious injuries. Your body’s ability to mask pain when it is in shock could lead you to believe you have no injuries at the scene. This is why it is important to never answer the other party or their insurance by telling them you think you are fine or uninjured after the accident occurred.

Get Legal Help

Lawyers want to help you get the compensation you deserve when you are dealing with medical bills, therapy bills, and pain and suffering that may come from being the victim of a pedestrian-car accident. To see how a pedestrian accident lawyer can help you, give a law office a call.

 

 

Thanks to Davis & Brusca for their insight into personal injury claims and pedestrian accidents.