Car accidents can leave you with many issues, not just dealing with a physical injury, as a skilled car accident lawyer in Houston, TX knows. As a car accident lawyer who assists Houston, TX clients can explain, like one from John K. Zaid & Associates, many clients end up getting a lower compensation amount because of their inability to prove certain elements in their accident case. Don’t make this common mistake. Make sure to find out what documents and evidence you need to provide in order to strengthen your case and prevent it from getting thrown out.
How do I prove that I wasn’t at fault?
If you hope to receive financial compensation to cover your losses after a serious car accident, you need to be able to prove that the other party was at fault. You can do this by providing evidence that details how the accident occurred and which parties were involved. Things you can present for your case include a police report, medical records, as well as photographs of your injury and accident site.
What evidence do I need to show for my injuries?
In order to show that you were actually injured, you need to provide medical records that describe the injuries that you sustained. A doctor will be able to record any emotional trauma as well. Without valid medical reports, the insurance company will not be inclined to take your word and they can use that as an excuse to dismiss your car accident claim.
Can I prove pain and suffering in my list of damages?
Pain and suffering refers to emotional and physical injuries that you sustained as a result of an accident. It can be highly challenging to prove because unlike economic damages, pain and suffering varies from person to person. The compensation amount for pain and suffering also varies depending on the types of injuries that you sustained or their severity. Evidence such as a police report, medical records, and witness testimony can support your claim of pain and suffering.
What do I need to show for negligence?
Negligence is a legal concept that demands four main elements to prove: duty of care, violation of duty, causation and damages. It can be difficult to prove that negligence occurred if your evidence is minimal or weak. In order to prove that another party is to blame for your injuries, you need to be able to argue that all of these elements are present in your case. Missing any of these important elements will not be enough to successfully argue that negligence occurred.
A large amount of evidence is required to successfully recover monetary compensation that you’re entitled to if you have been a victim of a car accident. If you hope to include specific elements like negligence, you need to have especially compelling and concrete evidence. For more information about building a case for your claim, reach out to a skilled car accident lawyer in the Houston, TX area now, such as one from John K. Zaid & Associates.
Car accidents are terrible and traumatic experiences, regardless of how minor they might be. The shock, the stress, and the injuries are all a part of a situation no one wants to be in. But even if your car accident is minor, you may not know what you’re dealing with right away. One of the most common injuries that occur because of a car accident is short-term memory loss.
You might think that you don’t need a car accident lawyer, especially if the accident was minor. However, even a small accident can cause serious injuries, and without legal representation, you might not be able to get the compensation you deserve. Car accident lawyers from Therman Law Offices, LTD have the experience and knowledge necessary to help you get the best possible outcome in your case. Contact a car accident lawyer today to learn more about how they can help you.
What is short-term memory loss?
Short-term memory loss, or STML, can be caused by many things but it is most often linked to some sort of head trauma. It occurs when the brain has been injured or damaged. This can be temporary or long-term, depending on how severe the injury is. The brain is very sensitive, so even a small bump can cause damage.
How does it happen?
A car accident can cause STML because there is typically a significant impact on the head during an accident. Car accidents involve all sorts of force being put on the body, including whiplash and forceful contact with airbags or windows. The impact from these forces can cause damage to the brain and lead to short-term memory loss.
Symptoms and Traumatic Brain Injury
The symptoms may not appear immediately after an accident, but when they do, they can be very frightening. Short-term memory loss is one of the most common types of memory loss associated with car accidents and other traumatic brain injuries.
If you’ve been in an accident and are suffering from short-term memory loss, it’s likely that you have a traumatic brain injury (TBI). Symptoms of TBIs vary from person to person; however, short-term memory loss is a very common symptom. Other symptoms include:
- Headaches
- Dizziness
- Confusion or disorientation
- Ringing in the ears (tinnitus)
- Nausea or vomiting
- Difficulty concentrating, thinking or creating thoughts
- Irritability or personality changes
If you have suffered short-term memory loss, and you don’t know why then it is time to get some help and find out what is going on. It can frustrate you when you keep forgetting things that you should know, so it is important to take action right away.
A car accident lawyer like 0ur friends at Therman Law Offices, LTD can help you get the compensation you deserve for your injuries. They can handle all the paperwork and negotiations, so you don’t have to worry about a thing.
How to Help Short-Term Memory Loss
When something like this happens, the first person you want to talk to is your doctor. If they can’t figure out what is going on, then they might want to perform a few tests. These tests help them determine if there has been any physical damage done to the brain. If they find nothing, then they will usually send you to a psychologist or psychiatrist who specializes in treating people who have had this problem.
What Does a Lawyer Examine in a Car Accident
Car accidents account for thousands of injured victims yearly. From speeding, drunk driving, distracted driving, and more, a car accident can occur in many ways. If you have been injured in an accident that has changed your life, you are encouraged to reach out to a skilled car accident lawyer in the Houston, TX area like one from John K. Zaid & Associates so that they can provide quality legal services. You could be entitled to compensation that you deserve, which can go towards your expenses. To build your case, a lawyer will examine various forms of evidence.
Medical Records
A medical report completed by a doctor, nurse or medical professional serves as a core piece of evidence in a car accident case. Immediately after an accident, you should get treated right away so that your injuries can be assessed. A lawyer will need to know what your injuries are so they can factor them into your damages.
Police Report
Police officers write up a report for every car accident. The report contains important facts and information about the accident, such as where it occurred, the parties involved, and how the accident happened. It also contains the contact information of the at-fault party or whether they have insurance.
Photograph
In a car accident case, photographs are essential evidence. A car accident lawyer will need photographs of your injuries as well as the accident site and the damage that your car sustained. The more photographs you have to support your case, the more persuasive it will be which will increase your odds of obtaining financial compensation.
Video Footage
To find out more details about the accident, a car accident lawyer may reach out to businesses that may have video footage of the accident. It can show what direction the vehicle was coming from, what damage occurred, who contributed to the accident, and how fast the car was going.
Witness Testimony
In many accident cases, there are often witnesses who saw a different view of the accident as it unfolded. Find any witnesses who may have been there at the accident scene and obtain their contact information. Get their account of the accident, which you can use in your case.
Dealing with a car accident claim can be made easier with the help of a skilled lawyer who understands how to achieve the results you need. Consult with a seasoned car accident lawyer to obtain personalized legal advice and assistance with your claim.
If you have suffered an injury as a result of a sudden accident, a personal injury lawyer in the Houston, TX area like John K. Zaid & Associates can be there to offer necessary legal support. Filing a claim could be your best chance at obtaining the compensation that you need. When you are a victim of an accident that was through no fault of your own, you could be eligible to recover compensation. Negotiating with the insurance company can be a frustrating challenge, but there are things you can do to increase your chances of getting the highest possible settlement amount.
File Your Claim as Soon as Possible
Time is precious when it comes to filing a personal injury claim. Claimants have limited time to take action and submit their claim. In most states, there is only two years to file a claim, so the sooner you are able to file one the better. Waiting until the last minute is a risky move because it may not be processed in time.
Obtain Medical Reports
All victims of personal injury accidents are advised to seek medical treatment right away. Whether your injuries are minor or severe, you need to get treated because you may have symptoms or injuries that you may not notice. Some injuries don’t present themselves until days later. If you are treated by a doctor or medical personnel, they will be able to record what injuries you have sustained due to the accident. Having medical records as evidence can result in a much higher final compensation amount.
Provide Detailed Photographs
Photographic evidence is crucial in a personal injury case. Take photos of your injuries and the scene where the accident occurred. Capture evidence of any damage that occurred, such as vehicle damage or other property damage. The more photographs you can provide, the better. A lawyer can use your photos when they are calculating the list of damages for your claim.
Have a Lawyer Review All Settlement Offers
Insurance companies will try to do what they can to minimize what they have to pay to accident victims. They may extend a settlement offer that is much lower than what you actually deserve. If you are ever given an offer by an insurance company, don’t accept it right away. Have a lawyer evaluate all offers given to you so that they can determine if it is fair and equals the amount that you are entitled to.
Handling the work involved in a personal injury claim can be hard to do on your own. If you are in need of legal assistance, contact a personal injury lawyer soon to get the help that you need.
If you get into a truck accident, you could face a number of problems that go beyond your injuries. It may take a long time to fully recover, forcing you to take time off work. As an accident victim, you are able to file a claim if you wish. There are a number of damages that you could be eligible to recover. However, if you take the wrong actions, you could damage the strength of your claim, as a truck accident lawyer in the Houston, TX area like one from John K. Zaid & Associates can explain. Here are some important errors that you should avoid when you are filing a truck accident claim.
Not Getting Medical Treatment
After an accident, especially one that you plan to file a claim for, you should not refuse or postpone medical treatment. The doctor will fill out a report that you can use as evidence of your injuries. If you don’t get treated early, the insurance company may use it as an excuse to reject your claim.
Exaggerating Your Claim
When you are providing an account of how the accident occurred, you should keep it concise. Don’t embellish details or make false statements in order to get a higher compensation amount. Stick to the basic facts when you are providing your account of the accident to authorities.
Hiding Evidence
If you are tempted to hide evidence because of certain reasons, such as if you were partially at fault, you should refrain from doing so. Trying to hide evidence will only make your situation worse and you can get in legal trouble.
Discussing Your Case
After your accident, you might want to share case details to your family and friends. However, be mindful about what details you share with anyone other than your lawyer. You should also reduce your social media presence while you have an ongoing case.
Taking Blame
Apologizing, admitting fault, or taking the blame for an accident are things you should never do. Your statements can be used against you, and you could suffer even worse consequences. If you are not sure what to say, don’t say anything at all until you get further guidance from a lawyer.
You don’t have to deal with an accident claim on your own. For more information about how you can receive legal assistance with a truck accident claim, contact a skilled truck accident lawyer right away.
How Do I File an Injury Claim After a Lyft Accident
More than 12.5 million people rode in a Lyft vehicle in 2020. Most Lyft rides are safe and uneventful, but sometimes accidents do occur. If you have been injured in a Lyft accident, you need to know how to file a claim.
Who Is Responsible for Paying for Your Injuries
In most cases, the at-fault driver is responsible for paying for injuries to a passenger in a vehicle. In a multi-car accident, if the other driver is at fault, their insurance may pay for your damages. However, in some states, both drivers may share a portion of the fault, so you may need to recover from both the other driver’s insurance and Lyft. If the Lyft driver is at fault, Lyft’s insurance will usually be primary.
What To Do After a Lyft Accident
Lyft has $1,000,000 per accident of liability coverage for passengers in its rideshare vehicles. Lyft’s insurance coverage is primary while a Lyft driver is picking up, transporting and dropping off rideshare passengers. However, if the driver has commercial or personal insurance that provides liability coverage for rideshares, that coverage may be primary and Lyft’s coverage will serve as excess.
Even though Lyft’s insurance may cover the accident, it is a good idea to get the driver’s insurance information, contact information, driver’s license number and license plate number. If the accident involved another driver, you should get this information for that driver as well.
If there are any witnesses to the accident, get their contact information. Take photos of the scene and the vehicles involved. Get medical treatment for your injuries. Call the police and file a report. Get a copy of this report for your records and the insurance company.
Reporting the Accident to Lyft
Lyft has an online reporting tool for vehicle collisions involving one of its drivers. Accidents can be reported any day and at any time. This tool connects you to the Lyft claims center. Avoid discussing the cause of the accident or the extent of your injuries until after you have spoken to an attorney, as a car accident lawyer based in Houston, TX like one from John K. Zaid & Associates can tell you.
Consider contacting an attorney if you have been seriously injured in a Lyft accident. A lawyer can help you determine the value of your injury case and advise you on what you should and should not say to the insurance company. If you decide to hire an attorney, your attorney will deal with the insurance company on your behalf.
When you have suffered a personal injury, you are not only affected physically but emotionally and financially as well. As a personal injury lawyer area knows, like one from John K. Zaid & Associates, many personal injury victims experience struggles long after the date of their accident. They have to deal with the expenses for medical treatment and lost wages on top of their recovery. Hiring a personal injury lawyer can provide a number of benefits if you are dealing with a personal injury claim.
Legal Advice and Support
You won’t have to deal with a personal injury claim on your own if you choose to hire a lawyer. They will be there to support you during every part of the claims process, so you have someone you can turn to if you have any questions regarding your rights, new case developments, and next steps in your case. Handling a claim can be a highly stressful process, but having a lawyer there for you at your side can give you peace of mind.
You Can Focus on Recovery
When you handle a claim without professional help, it won’t take long to feel overwhelmed. Having a lawyer handle the difficult parts of the claim for you can allow you to spend more time focusing on your physical and mental recovery. You will be able to speed up the recovery process so that you can be in better health faster.
Higher Settlement Amount
Due to their legal background and experience, a personal injury lawyer understands what tactics and strategies will achieve the most positive results. They know how to negotiate with insurance companies so that they can obtain the maximum compensation amount for you. Clients who have their own lawyers are much more likely to achieve a higher settlement compared to clients who represent themselves.
Legal Representation
If you choose to represent yourself in court, you are held to the same standards as someone who chooses to hire a lawyer. Without a lawyer, if you experience any issues or challenges that arise over the course of your case, you have to resolve them on your own. With a lawyer to represent you, your argument will be much more persuasive.
There is not a lot of time to file a claim if you hope to recover compensation. Contact a personal injury lawyer if you are searching for legal assistance for a claim.
If you have been in a truck accident, filing a claim could be your best chance at recovering the losses that you have endured. With the assistance and guidance provided by a truck accident lawyer area like one from John K. Zaid & Associates, you have a higher chance of obtaining the settlement that you deserve. However, you may be wondering what exactly you should need to look for when you are choosing a truck accident lawyer that you can trust and depend on.
Years of Experience
Find out how much experience a lawyer has. The amount of experience they have could affect the amount of knowledge they have about laws, how the legal system works, and the types of cases they have been exposed to. A truck accident lawyer with more years of experience may also charge more in terms of fees and other expenses.
Case Experience
When you are doing your research prior to hiring an accident lawyer, you will want to examine a lawyer’s case experience. What kinds of cases have they worked on? What were the results of the cases? Are there testimonials from clients that you can read to get a sense of how their case was handled? Get a sense of what cases the lawyer specializes in so you can find out if they have the skills and knowledge to effectively handle your case.
Availability
Make sure you work with a lawyer who is easily accessible and communicative. What are their hours? Are they available at the same time as you? Some lawyers don’t mind working with you if you are unable to make an appointment, or they may offer other methods of communication such as email, phone, or video calls. It is a red flag if a lawyer is not punctual or is difficult to get a hold of.
Cost
Some lawyers have different methods of how they charge their clients. Many personal injury lawyers operate on a contingency basis, which means that they don’t charge the client any upfront fees. Instead, if they are successful in winning a settlement, they take a percentage of the amount, such as 30%. Make sure to find out what fees you owe immediately if any and understand what you are expected to pay when hiring a lawyer.
Before you choose a lawyer to hire for legal assistance with a truck accident claim, make sure they have the right skills, experience, and qualifications. For more information about what legal services a truck accident lawyer can offer you, schedule a consultation now.
Memory is a tricky thing. While people like to believe they can accurately recount a specific series of events, it is not so easy. When those events are attached to a trauma, like a car accident, the memories are even less reliable.
Because people crave connection, it is not uncommon to seek out friendship and family after a traumatic event, to confide in loved ones. Unfortunately, as your mind pieces the events together, it can also embellish or manifest, meaning the story you tell is not what happened — at least not entirely.
The unreliability of memory is the main reason a car accident lawyer like one from John K. Zaid & Associates encourages clients to keep their stories to themselves, especially any detailed accounts that might differ from official reports. Insurance companies and at-fault drivers want accident victims to muck up the facts, and it is an added benefit if the victim takes some of the blame in the process.
Stay Off of Social Media
While rehashing events with friends and family is frowned upon and can hurt your case, it is even worse to post about your experience on social media platforms. Posting creates a digital record of your account. If the details in your digital retelling do not match those in your official police statement or the accident report, you hurt your claim.
Keep in mind, an insurance company likely has a team of lawyers and paralegals scouring your personal life to find anything that can help reduce or eliminate its liability in your accident claim. Your friends, family, and social media are fair game.
Stick to the Facts
If you must tell someone about what happened, stick to the facts. You can state the where and when an accident happened, but do not refer to the how. For example, you can tell family and friends that you were in an accident on Tuesday morning at a specific intersection, but do not say much, if anything, else.
If your family asks about injuries, tell them you are receiving the medical treatment necessary and following the doctor’s orders. Refrain from getting too specific or saying you are feeling fine because an insurance company can take these words out of context to imply there is nothing really wrong with you.
After an accident, the best advice is not to speak about the incident to anyone except your attorney. If you do not yet have a car accident lawyer, contact a few local law firms and schedule consultations.
A common concern for people considering a lawsuit is money — attorneys have a reputation for being expensive. Victims in personal injury claims often struggle with finances due to their injuries and recovery, meaning they do not have extra money to pay for a trial with no guaranteed outcome. Thankfully, in most circumstances, the plaintiff in a personal injury case will not need to pay anything upfront.
The Beauty of Contingency Agreements
Many personal injury attorneys work on contingency. A contingency agreement is quite simple: the lawyer agrees to work without payment for the duration of settlement negotiations or a trial, only receiving payment when a settlement is reached, or a trial ends with a positive verdict. An attorney’s fee will typically range between 30% and 40% of the award or settlement.
A contingency often works better for plaintiffs in a personal injury case because it eliminates any further financial strain. A victim can focus on their recovery while their lawyer focuses on the case.
Additional Fees
The 30% or more an attorney charges is meant to cover only their fee. It does not cover the costs of investigations, court filings, expert witnesses, etc. These costs will come out of your settlement or award.
However, unlike the attorney fee, court expenses are expected to be paid at the end of settlement negotiations or a trial. Because the client is still responsible for these expenses, it is wise to pay attention to all costs. You can ask your attorney to run expense decisions by you, but that can slow down progress.
When Contingency Agreements Aren’t Possible
Most personal injury attorneys will work on a contingency. However, there are occasions when the agreement is too risky. A personal injury lawyer might request their fee upfront when a case is not easy to argue.
Most lawyers will assess the likelihood of a favorable outcome before taking on a case. If your case seems circumstantial or challenging to prove, you might find it challenging to locate a lawyer willing to work on contingency.
If you are having trouble finding a lawyer to take a case on contingency, you might want to reconsider your position. It is possible that your claim does not have enough evidence to garner a positive outcome.
Are you ready to go to court? It is recommended that you conduct a thorough search in your area to find a personal injury lawyer like one from John K. Zaid & Associates to provide a risk-free case assessment. Contact a local personal injury attorney to discuss the strength of your claim and to discuss fees.
Truck accidents have a higher chance of resulting in catastrophic injuries than car accidents. Many accident victims suffer life-threatening injuries like head injuries, spinal injuries, broken bones, and much more. Due to their size and weight, victims do not have much protection if they are suddenly struck by a commercial truck. A truck accident lawyer in Houston, TX like one from John K. Zaid & Associates can provide you urgent legal assistance if you want to file a claim against the negligent driver who caused your injury. They are familiar with handling many types of claims, such as ones involving some of the most common truck accident scenarios described below.
Speeding
While no one can prevent or predict poor weather conditions like rain or snow, drivers are responsible for judging their environment and adjusting how they drive. If a truck driver was driving faster than the legally posted speed limit during extreme weather conditions, they can be held liable because they did not take the proper cautions and drive in a safe manner.
DUI
Driving under the influence of drugs or alcohol is a common violation among truck drivers. This is especially dangerous because a truck driver is operating such a large vehicle that is already difficult to control. A truck accident lawyer will gather the necessary evidence to build a case against a truck driver who was under the influence.
Tiredness or Fatigue
Because they drive long distances and must reach their destination on time, truck drivers are prone to fatigue or falling asleep at the wheel. They are not incentivized to take periodic rests because they must deliver their cargo on time. However, this can cause devastating accidents. Drivers are still responsible for ensuring that they are alert and rested while operating a truck.
Unsafe Cargo
Truck drivers must transport many different types of cargo to their destinations, such as products, produce, livestock, and hazardous chemicals like flammable materials. If they are not secured properly, their cargo can spill on the road, blocking lanes and resulting in a devastating accident. If a driver is found to not have secured their cargo according to the established procedures and regulations, they can be held liable for an accident.
Mechanical Failure
Defective parts or trucks that are not maintained properly is another common problem at the center of many truck accidents. The trucking company or truck parts manufacturer could be held liable if they did not adequately maintain a truck so that it is road-safe or if a faulty part was produced.
If you have been injured in a truck accident, request a consultation from a seasoned lawyer now.
Reasons To Hire a Car Accident Attorney
The aftermath of a car accident can often seem like a manageable issue, something you can handle alone — after all, personal injury lawsuits are handled in civil court. While true, do not underestimate the importance of legal counsel. A car accident lawyer in Houston, TX, like one from John K. Zaid & Associates elevates your position with a level of professionalism and expertise a legal novice does not possess. While you might feel capable of arguing your claim, there are several reasons you should not.
Opposing Counsel
An insurance company, which is the defendant in most civil claims, especially those involving car accidents, will always have a team of lawyers to argue their case and pull your claim apart. This team does not consist of novices. More than likely, the attorneys for the insurer work for a personal injury law firm and specialize in cases like yours.
The insurer keeps a law firm on retainer to protect it against lawsuits like yours, and the firm will do everything in its power to minimize its client’s liability, including discrediting you. Firms often have private detectives on staff, and they will use them to scour your social media and personal life, looking for any single detail that seems out of place.
Without an attorney of your own, you are likely to fall into common traps. Many people find it hard not to talk about accidents with friends and family or post about the incident online. Any person you talk to and any post you make can become a witness or evidence against you. Your attorney will help protect and guide you through the process. They will also present a strong legal argument to support your claims.
Lack of Legal Expertise and Resources
A lawyer spends an extensive amount of time in the classroom, boardroom, and courtroom. With their experience, they can prepare legitimate legal arguments, and they have the confidence to defend their claim against others.
Experience also means they understand negotiating tactics. Your attorney can help you understand when you are receiving a lowball offer or something fair.
Additionally, the years in the courtroom have likely provided your attorney with plenty of legal resources. Between investigators, expert witnesses, and other attorneys, you are sure to receive solid legal support.
Are you considering filing a personal injury lawsuit after a car accident? Contact a local attorney to discuss your claim and any other possibilities for recourse or compensation. When there are no other options but a trial, you will be glad to have a licensed and experienced attorney on your side.
Chiropractic care can alleviate musculoskeletal pain and other chronic health issues by addressing misalignments in the body. The techniques chiropractors employ can help with various symptoms, and many people can benefit from these treatments, especially those who have suffered long-lasting pain as a result of an accident. However, chiropractic care isn’t appropriate for everyone, so you should consult with your medical provider before proceeding with this type of treatment.
Consider Chiropractic Care
If you’re living with chronic pain and you’ve already tried addressing your symptoms with a general physician, you might benefit from chiropractic care. Adjustments can be an effective treatment for those who are generally healthy but deal with chronic pain. By managing pain symptoms, the chiropractic care offered by chiropractor professionals like AmeriWell Clinics may help reduce the use of pain-relieving medications. These treatments can also promote mobility and flexibility. Common issues addressed by chiropractors include:
- Back pain
- Neck pain
- Frozen shoulder
- Migraines and tension headaches
- Poor posture
- Scoliosis
Chiropractic care is appropriate for various stages of life. Adolescents might consider adjustments if they are experiencing growing pains. If you’re an athlete or have a physically demanding career, chiropractic treatment can help your body heal. Finally, chiropractors can assist seniors with active lifestyles by addressing the discomfort and pain associated with aging.
Consult a Doctor First
Anyone considering chiropractic treatment is advised to check with their physician first. After all, there may be other pain management strategies to consider. Most people can benefit from seeing a chiropractor; however, some conditions may not benefit from chiropractic care. If you have severe health issues, proceed with caution and seek guidance from your medical provider before pursuing any new treatments. For example, people with slipped discs and hernias should visit a physician first if they are considering chiropractic treatment. Also, if you have osteoarthritis, you might be able to benefit from working with a chiropractor, but you need to discuss it with your doctor first to avoid harm.
Severe injuries such as bone fractures should be addressed with conventional medical care first, though chiropractic treatment may help manage long-term symptoms once the initial healing is complete. In addition to exploring all treatment options with your team of medical providers, you might seek an initial consultation with a professional chiropractor to see if you are an appropriate candidate for their care.
If you live with a chronic health condition that is causing you pain, you may benefit from chiropractic treatment. Discuss your options with your medical provider and contact a chiropractor in your area for more information.
The Dangers of Oil Spills
Oil Spills
Oil spills are an unfortunate event that many people will have to deal with at some point in their lives. When oil spills occur they can leave behind not only scars and blemishes on an area, but also widespread destruction. This destruction can result in years of harmful effects on the environment like forests and waterways. Even small oil spills can lead to devastation if they occur in certain areas. Slip and fall injuries or chemical burns could be something that a person may receive from an oil spill. This is why it is critical to have these spills cleaned up quickly, properly, and securely. Let’s continue to look at other damages and dangers from oil spills.
The Damages They Leave Behind
As previously stated, an oil spill can lead to stains on roadways, pavement, sidewalks, and driveways. It’s important to find out the correct way to clean those stains off. An experienced oil spill cleanup team will know how to deal with those types of scars. Other damages that can be caused by an oil spill are damages to the environment. If an oil spill occurs in a forest due to a faulty pipeline this can drastically hurt the animal life and plant growth in the area. Oil spills have already led to some areas around the world being somewhat uninhabitable with animal and plant populations being significantly reduced. When an oil spill happens in a waterway this can also cause a lot of problems. Fish life and the underwater ecosystem can be harmed leading to a great reduction in the amount of fish and underwater plant life in the affected area. Another thing to consider is when an oil spill happens in a large lake or ocean. That oil can wash up on beaches hurting those areas aesthetically and harming the plant and animal life there too. It can also see property values nearby being significantly reduced from the damages.
Who Can Clean Up an Oil Spill?
If you or someone you know have encountered or indirectly or directly caused an oil spill, then it’s important to know that there are professionals who can clean up these kinds of messes. Consider reaching out to an oil spill cleanup team from a company like Nielsen Environmental to assist with cleanup. These types of companies have professionals with years of experience, knowledge, and skill to get these types of harmful messes cleaned up.
Car Accident Lawyer
Liability is going to be determined in a ride-sharing accident by confirming whether the ride-sharing driver is the cause of the accident, whether the ride-sharing driver was actively using the ride-sharing app and got into the accident, and whether other parties were involved or contributed to the cause of the accident overall.
Because of the fact that you are working with a ride-sharing app in a driver that drives her ride-sharing out, you must do a proper investigation to determine if the Apple driver, their employer or a third-party participant is the one who is liable for the damages that you incurred.
If you’ve been in a car accident and were ride-sharing at the time of your accident, you should talk to a car accident lawyer such as the ones available at Tuttle Law PA to discuss your case.
So one of the ways the liability is going to be determined is by confirming if the ride-sharing driver was working at the time the accident occurred. Because ride-sharing companies otherwise known as transportation network companies were made very recently to start ensuring their drivers if they were involved in an accident while they were engaged in driving for the application. This means that it is a new car accident regulatory insurance law to look at, and your car accident lawyer in Palm Bay FL is going to be the best person to give you their professional advice.
Liability for these accidents is going to be dependent upon how the ride-share driver was engaged at the ride-sharing app during the accident and you can consider the following scenarios below, this is not a full and exclusive list of scenarios but it is some of the most common scenarios.
If the ride-share app is often the driver is not yet logged on, the ride-share company is going to be determined to not be liable for any accidents if the driver is well in these situations. Because the driver was not logged in and therefore they were not considered to be at work. The same goes for if the app is turned off. In these instances the driver themselves would be liable on a personal level for any accidents they cause or are a part of.
The ride-share driver has the iPod and they are waiting for a client, so once the driver is engaging with the ride-share app otherwise this means that the driver has the application up in a line, the company is going to start to have some liability. So in the case where the driver is in an accident and the app is on but they do not have a client in the car with them, they are not heading to pick up a client, the app can hold some liability. However their personal policies are going to be contacted first and if the drivers personal insurance policy does not cover their accident, the ride-sharing company may have to.
If the ride-share driver is actively picking up and transporting a passenger, then they are actively giving a passenger rider going to pick a passenger on an insurance company of the ride-sharing application itself is going to cover the accident.
Crucial Questions to Ask Regarding Insurance
According to the Insurance Research Council, about one in eight American drivers are uninsured. If you run into one of these motorists (or they run into you) and it results in an accident and injury, how do you seek compensation? You might be able to prepare for this if you ask your insurance carrier and a personal injury lawyer two pertinent questions.
1. Should I Have Uninsured Motorist Coverage?
Most states don’t mandate Uninsured Motorist (UM) coverage, and only require that your insurance carrier offer it. If you live in one of the UM optional states, consider the consequences if you had a catastrophic injury and you were burdened with six-figure medical bills. You would need to rely on your health insurance for coverage and hopefully, receive payment from a lawsuit. The UM coverage is good to have because your insurance company would cover your claim as well as pay for pain and suffering, loss of wages, and funeral costs.
2. Should I Sue the Uninsured Driver Since I Don’t Have UM?
There are a few things to keep in mind when considering a lawsuit against the uninsured. First, investigators need to determine who was at fault. If it is clear that the other driver made the error, then you may have a good chance of winning your case. However, if it is unclear who caused the accident, or if you may have been partly responsible, your lawyer may not be able to take it to court.
If your lawyer checks the defendant’s assets and credit, and senses there is an inability to pay for a judgment, he or she might not want to take your case. As the plaintiff, you might deal with a lengthy litigation process and pay legal fees for money you may not receive. However, if it is confirmed that the opposite party does have the financial ability to pay, then it might be worthwhile to pursue the case. A judgment could help to pay the bills that your health insurance did not cover, as well as the collateral effects of your injury.
If you are injured due to the fault of an uninsured driver, you can have peace of mind if you added UM coverage. A car accident lawyer from a firm like Ward & Ward Law Firm can help you determine if you should proceed with a lawsuit and how to document your damages. Talk to a lawyer if you don’t have UM, but you feel you have a strong case for compensation.
It can be devastating to find out that our elderly loved one has been a victim of abuse. Talk to a nursing home injury lawyer like one from Davis & Brusca, LLC who has experience handling nursing home abuse claims and recovering compensation for their clients and their families. They will evaluate your case thoroughly, examining all of the evidence to build your case. The following describes some of the most important pieces of evidence in a nursing home injury claim.
Personal Observations
When you visit your loved one in a nursing home, watch for any signs such as unusual changes in their behavior. Are there any changes in your loved one that you have noticed since they have been at the nursing home? Do they seem to act differently around certain people? Record anything of interest that you notice. You know your loved one best so it’s worth noting if you feel that there are some things different about them.
Medical Records
Keep copies of medical records that list your loved one’s medical history or any injuries that they may have sustained. You will need them for evidence that the facility has failed to provide the proper care to your loved one. Read the report summary and look for any inconsistencies, such as treatments that they don’t need. You can always request staff for more information regarding your loved one’s recent treatments.
Photographs of Injuries
If you notice injuries on your loved one, take many detailed photographs of the injuries. Injuries may be subtle at first and may not become more visible until a few days later, so keep an eye on them for any changes in coloration, size or shape. The more photos you have of the injuries the better because it will strengthen your nursing home abuse claim.
Video Evidence
In a nursing home abuse case, concrete video evidence of the act is one of the most persuasive pieces of evidence that you can get. See if you can obtain evidence recorded by another person as well because the footage may have captured an abuse incident from a different angle.
Witness Statements
Witness accounts play an important role in a nursing home abuse case. It’s important to talk to as many witnesses as possible when you are searching for evidence of nursing home abuse. Statements can be collected from anyone, from nursing home staff to other residents. They may have details that could fill in the gaps and reinforce existing statements.
If you need assistance filing a nursing home injury claim, talk to a skilled lawyer now for legal support.
Car Accident Lawyers
Before diving too deeply into what happens if you lie to the insurance company, we must understand the statute of limitations in the laws that govern Washington state. To do this we must first understand that there is a three year deadline for most car accident lawsuits filed in the civil court system, and we have to understand that Washington is a pure comparative fault rule which is slightly different than most states comparative fault rules because this rule allows financial recovery even if the claimant was partly or mostly responsible for the accident. You should reach out to a car accident lawyer if you have any questions about the laws of Washington state.
When it comes to the three-year law about filing the case through civil courts, it only applies if you are filing a lawsuit over vehicle damage that was caused by the car accident. But if you are filing instead for wrongful death, the wrongful death lawsuit has to be filed against the at-fault driver three years from the point of the person’s death. This is very similar to the deadline set by the three-year deadline for injury or detainment of personal property, which begins the day the damage was caused.
Comparative fault in Washington state is a little bit different than a comparative fault in other states, because even if you are found to be partly a thought or even mostly at fault, you can still recover damages. Your award will be reduced according to the share of negligence that you hold, so if the total award would be $100,000 but you are 10% responsible for the crash, your award would be removed by $10,000 leaving you with the reward of $90,000.
So let’s talk about what happens when you lie to the insurance company after a car accident and why you might need a car accident lawyer if you do this.
People sometimes believe that it is acceptable to withhold tax or give wrong information to the insurance company, often they are trying to save money for themselves and may think that they paid high premiums in the past and have not made claims that the insurance company actually owes them money. This is not true.
Withholding information from your insurance company is a poor idea and is considered fraud, and by doing so you could have your insurance policy canceled, your claim will be denied, your insurance premium will go up, you may even be denied insurance in the future, you can face fines and penalties and you can face criminal charges.
Reach out to a car accident lawyer in Southeast WA to find out if you have a case, and make sure to talk to your lawyer honestly and openly about your insurance policy and the accident that happened.
Truck accidents can happen when you least expect them to. They usually are more damaging than car accidents because of the size and scale of the truck. To avoid a collision, you should remember defensive driving tactics and keep in mind things you should do to stay safe. You should stay vigilant on the road because no matter how safe you may try to be, you can’t count on other drivers to practice the best driving behaviors. As a truck accident lawyer in Houston, TX knows, like one from John K. Zaid & Associates, doing your part can help you avoid suffering the worst of injuries. Be aware of these important tips that can keep you safe.
Get Enough Sleep and Rest
Truck drivers must arrive at their destination on time, but with so many miles to cover, the pressure can be too much. Sometimes carriers pressure their drivers to continue their journey despite a lack of sleep. This is highly dangerous however because it makes truck drivers vulnerable to fatigue and exhaustion. Make sure to get enough sleep before you drive a vehicle and stop at the side of the road to rest whenever you’re feeling tired.
Make Sure the Truck is Road-Safe
One of the top causes of truck accidents is related to some kind of maintenance issue. Accidents caused by things like brake failure and blown-out tires can be prevented with routine maintenance checks and inspections. Before you operate a truck, make sure the truck has been thoroughly inspected for cracks, low tire pressure, engine problems, and other issues to ensure that your truck is in prime condition.
Stay Out of Blind Spots
Trucks are much larger than other vehicles like motorcycles and sedans, so other drivers must be attentive whenever they are around trucks. Truck drivers have a limited field of vision because of their large blind spots. Don’t stay in a truck’s blind spots for too long because it will prevent them from moving where they need to.
Drive at a Safe Speed and Distance
When drivers are driving too fast or too close to a truck, it can increase the likelihood of a collision. If you are a truck driver when you are going on a downgrade be mindful of where the runaway truck ramps are so you can use them in case your brakes fail. If you are driving a car near a truck, keep a safe distance and drive slowly.
If you have been injured in a truck accident, discuss your case with a truck accident lawyer to see if you are eligible to receive compensation.
If you have suffered dental injury as a result of another person’s negligent act, there are some things you should know. Dental injuries come with varying degrees of severity. The treatment also varies significantly depending on the type of damage. Some chips and cracks to the outer layer do not need immediate treatment. However, if the damage is such that it permeates the inner layer of the tooth and/or the roots or multiple teeth have shifted, the treatment will likely be quite extensive and may take years to complete. The bills have a way of adding up and you may be left wondering who is responsible for paying off the medical debt. While many dental injuries call for a trip to the dentist’s office to fix, the more complicated cases may require an orthodontist. In many cases, the two doctors will work together to provide the best-individualized treatment plan. The following information will explore some common issues surrounding dental injuries.
Common dental injury after a traumatic event
- Chipped, cracked, or broken teeth can vary in severity. The teeth have three layers- enamel, dentin, and pulp in the center. The more severe the injury, the more extensive and costly the treatment might be. This type of injury is usually treated by a dentist.
- Luxated teeth refer to teeth that have become loose in the socket. The tooth or teeth will need to be stabilized in order to heal. In the case of multiple luxated teeth, orthodontic intervention may be in order. The orthodontist may decide to stabilize the teeth with a splint. In some cases, a root canal is also necessary.
- Avulsed teeth refer to teeth that have been completely knocked out of the socket. If the individual handles the tooth carefully and gets to a medical professional within a few hours, the tooth may be saved. Once it has been returned to the socket in the correct orientation, a splint and/or root canal may be necessary.
- Jaw damage often occurs when the jaw comes in contact with a hard object and/or during whiplash. As a result of such trauma, the jaw may become misaligned. If it is not fixed, usually by an orthodontist, misalignment can cause long-term issues such as irregular wear of the teeth and TMJ syndrome.
Orthodontist’s part in the claim
One of the most important steps that you can take for your health and your claim is to seek medical attention immediately. You should be upfront with the medical professionals regarding the circumstances around your injury so they can provide you with necessary documents as you go through treatment. X-rays and any other diagnostic tools the doctor uses to diagnose the extent of damage will be important to include in your claim. You will also want to document the orthodontist’s plan for treatment and associated costs.
What a personal injury attorney can do for your claim
It can be complicated and time-consuming to pursue a personal injury claim. You are not only responsible for proving negligence but you are up against insurance companies with multiple, experienced attorneys. You are much more likely to receive appropriate compensation if you have your own personal injury lawyer like one from John K. Zaid & Associates guiding you along the way.
It happens to nearly everyone at some point. You’re sitting at a red light and someone stops a little too slowly, bumping into the back of your car and jolting you forward. Even if you don’t notice significant damage or feel any signs of whiplash, it’s important to call your insurance company after an auto accident.
You Probably Agreed To Do So
Nearly every auto insurance policy you can purchase requires you to report any accident you have, regardless of how minor. If you don’t report an auto accident, you will likely be in violation of your contract. If your insurance company learns of the violation, it could charge you high penalty fees or drop you from the policy and deny providing you coverage in the future.
There May Be Damages or Injuries You Can’t See
Depending on the type of accident, you may not see damages or experience injuries right away. A fender bender may look like it’s only a few hundred dollars in damage, but if your car has parts that are harder to get, or if there is damage you can’t see under the bumper, you could be looking at thousands of dollars. Additionally, the adrenaline you feel pumping after an accident can sometimes make you feel as if you aren’t hurt when you are. You may find you have neck pain, back problems, or worse days or even weeks after your accident. Many times, police won’t respond to fender bender accidents. If you don’t report it to your insurance and need to file a claim down the line, the other driver could say the accident never happened.
The Other Driver May File a Claim
Even if you don’t think there’s a reason to file a claim, the other driver may disagree and file a claim with his or her insurance company. Even worse, he or she may not have coverage at all. If you don’t file a claim and you find out that you have an expensive repair, you won’t have the help you need to cover it. If you have underinsured auto coverage (you should!) and contact your agency immediately, you’ll have the coverage you need if repairs cost more than you expect.
Calling Your Insurance Company Is Not the Same as Filing a Claim
If you’re worried about calling your insurance company because of an increased premium, you can breathe easier. Reporting an accident is not the same as filing a claim on one, as a car accident lawyer like one from John K. Zaid & Associates can explain. Simply reporting one won’t raise your insurance premium but still gives you necessary protection in case something related to the accident occurs in the coming weeks that requires an official claim to be filed.
Filing a claim is also important in case you end up in court due to the other driver deciding to sue for some reason. If you find yourself with a court date, contact a reputable car accident lawyer in your area as soon as possible.
If you have been injured as a victim of a truck accident, you may be able to file a claim and take legal action against the responsible party. As a Houston, TX-based truck accident lawyer like one from John K. Zaid & Associates can tell you, there are several parties that you may be able to sue if you are a victim of a truck accident. A lawyer can evaluate your case and determine which party or parties can be held liable. Truck accidents can involve quite a few parties, since there are often many people who are employed by the trucking company. Below are some parties who can be held liable in a truck accident.
Trucking Company
The trucking company that owns the truck and employs the driver and other staff members can be held liable. The company is responsible for ensuring that the truck drivers are fully trained and that the truck is in good condition so that it can be safely driven on the road. If the company hired an inexperienced driver or failed to provide sufficient training, they can be charged.
Truck Driver
The driver of a truck can be held liable if they caused the accident because of negligence or reckless driving. Speeding, failing to obey traffic signs, distracted driving, and driving while impaired are common violations that truck drivers commit while on the road. They are also responsible for ensuring their cargo is secured properly so that the truck is not overloaded.
Truck Manufacturer
Design flaws or defective parts can cause sudden catastrophic truck accidents. Victims can sue to bring a claim against the truck manufacturer if the accident happened due to parts that are found to be faulty. They can file a product defect claim if the parts were flawed.
Government
Sometimes the quality and condition of the road itself can result in a truck accident. If the local government failed to properly repair a broken section of a street or freeway, they can be held liable. In such cases, their failure to ensure the safety of the road led to the creation of the hazard, resulting in an accident.
A lawyer offers a variety of legal services so that you can file a successful truck accident claim. If you want to be awarded the highest possible compensation amount, working with a lawyer can boost your chances of obtaining the most positive outcome. Having the right truck accident lawyer who has the skills and experience to handle your case can mean the difference between a low and optimal settlement, so contact one now.
When you are the victim of a personal injury accident, you should take the time to explore your legal options because you may be entitled to a large amount of compensation. If you have extensive damages that you are struggling to cover the cost of, obtaining a settlement may be possible so you can get relief. You should find out if you are eligible to file a claim, but you have to do it soon because there is limited time. With the personalized help from a personal injury lawyer in Houston, TX like one from John K. Zaid & Associates, you don’t have to go through the complicated process alone. They can assist you with every aspect of your personal injury claim. Know these things that you should do in order to maximize your monetary compensation.
Obtain the Police Report
When you get into an accident such as a car accident or construction accident, make sure to call the police right away if you are able to. Your account will be on the record, and the police can conduct their own investigation of how their accident occurred. A few days after your accident you can pick up a copy of the police report, and it will contain details such as the parties involved and how the accident occurred.
Keep Your Medical Records
Getting medical treatment immediately following your personal injury accident is critical. This applies no matter how minor your injury is. A doctor’s report is one of the most important pieces of a personal injury case, so it’s better if you are able to provide it to a lawyer so that they can assess your damages. Having detailed medical records is useful in case the insurance company does not accept your account and does not believe that you were truly injured due to your accident.
Don’t Make Crucial Mistakes
Even if you have strong and compelling evidence that you are not at fault in the accident, it is easy to slip up after the accident and make basic mistakes. These errors can cost you your case, so be aware of what not to do. Talking about your case with other people, making false or misleading statements about your case, and not going to the doctor right away after your accident are all ways you can damage the strength of your case.
In addition to these things, working with a lawyer can greatly increase your chances of obtaining more compensation. Hire a qualified personal injury lawyer if you need more in-depth legal assistance with your claim.
Statute of limitations laws are rules that outline how long a person has to file a lawsuit after an incident. In personal injury cases, such as car accidents, the statute of limitations varies by state. You may have two years to file your lawsuit or you may have five. It’s important to speak to a car accident lawyer after your accident to take the right steps to preserve evidence and to protect your rights to understand the statute of limitations in your state.
Exceptions to the Statute of Limitations
The statute of limitations can be complex because the law does allow for some exceptions. In some cases, the statute of limitations can be shortened. When a car accident involves a government entity, you may have only 60 days to bring a claim to the organization. If you’ve been injured, you don’t want to wait to speak to an attorney and to start the process.
In some cases, the statute of limitations can be extended. If a person is on active duty in the military, they may have more time to bring a case. When a case involves a minor who is injured, the statute of limitations may not start until the person turns 18 years old. In medical malpractice lawsuits, there is a concept called the discovery rule. This means that the statute of limitations may not start until the malpractice was discovered. In-car accident cases, it’s referred to as equitable tolling. It’s far less common in car accident cases, but if the statute of limitations runs out before you actually discover the cause of action, you may get more time to bring a lawsuit.
Dram shop laws let you bring a lawsuit against a drinking establishment that lets patrons drive home under the influence. If you think this applies to your case, you may have a very brief window of time, maybe 60 days, before the statute of limitations bars you from bringing a lawsuit against a business. You don’t want to miss the deadline without examining your options.
You may even be able to negotiate with the other driver’s insurance company with the help of a car accident lawyer such as one from John K. Zaid & Associates to waive the statute of limitations.
How Can a Car Accident Lawyer Help You?
The statute of limitations rules are complex and specific to your state. When you talk to a car accident lawyer, you get information that helps you make decisions about your case. Make an appointment with a car accident attorney who can help you protect your rights.
For many people, driving is a stressful thing. You never know when an accident might occur, no matter how careful you are. If you were involved in a truck accident, car repairs and medical bills may be a concern. If you are unsure of how to cover the costs of these things, you may need legal help. There are truck accident lawyers like those from John K. Zaid & Associates who can help you get the financial help that you need and deserve. Consider these three things to do after a trucking accident.
Contact the Police
To have your case stand up in court, you will need evidence of what occurred. A police report is some of the most substantial evidence that you can have. Many times, the other driver involved may tell you that you can handle things between yourselves. This is to avoid getting a police report and dealing with insurance. Do not fall for this trap. Instead, insist on getting a police report so that you will be able to get the help you need.
Seek Medical Attention
Being in any type of accident is scary, but it is especially so when it is a trucking accident. Your priority should be seeking medical care for yourself and others involved in the incident. Now is not the time to worry about medical expenses. You must get the necessary treatment to determine if you sustained any injuries in the accident. Many times, you can negotiate with the hospital about paying your bills. So, focus on following your doctor’s recommendations.
Contact a Truck Accident Lawyer
If your insurance refuses to pay your claim or you are drowning in hospital bills, consider contacting a truck accident lawyer. He or she can help you fight for the compensation that you need. Look for someone who has ample experience in this area. He or she can help you determine how long the legal proceedings might last and what you should do in the meantime. Be sure to supply him or her with all medical and police report documents that you have related to the case.
Being a safe driver is not always enough. There are others on the road that you have to look out for, and they are often not as careful as you. If you have been the victim of this type of accident, contact an attorney who can help you. This way, you will be able to pay your medical bills and have your vehicle repaired or replaced.
Knowing what to do after an accident can be an overwhelming and stressful experience, especially when you are unsure of how you can pay for your expenses. You may feel like your life is in limbo. With the help of a personal injury lawyer who serves the Houston, TX community, such as one from John K. Zaid & Associates, you can have the legal support you need. However, it can be hard to find the right lawyer who will work in your interest, so keep these tips in mind.
Experience
A personal injury lawyer that you can count on should have a large amount of experience that is appropriate for your case. You don’t want to work with a lawyer who has limited knowledge of the law or has only worked with a few clients. When you are finding the right lawyer, narrow your search to legal professionals who have had a record of success and extensive experience.
Case History
The case history that a lawyer has can inform you about their specialties and how well equipped they are to take care of your case. Look into the personal injury lawyer’s practice areas and review what cases they have worked on. Hire a lawyer who has helped clients with similar case details to yours.
Communication
Like with any professional that you trust to provide you services, you want a lawyer who has strong communication skills. Not only should they be able to effectively demonstrate that they can present a strong case argument for you, but they should be communicative when they are giving you updates about your case. You don’t want to work with someone who always changes their schedule, or fails to give you important information that you need to know, such as your legal rights or when you need to show up for meetings.
Organization
When you are trying to decide which lawyer to hire, pay attention to how organized they are. Is their office today? Do they keep their files stored and secure? It can be a small detail to overlook, but you want to make sure that whatever lawyer that you hire can quickly access your case information. The last thing you want is for your lawyer to misplace your files, or carelessly store your confidential information.
You want to work with a lawyer with certain qualifications and characteristics, one who you can trust to accomplish the results you are seeking. To see what a personal injury lawyer has to offer you, schedule a consultation today to get started.
Many people suffer serious injuries or lose their lives after being victims of car accidents.
When you need legal assistance from a car accident lawyer so that you can recover the losses that you have endured, you can rely on a car accident lawyer from John K. Zaid & Associates. They understand the unique needs of car accident victims and are committed to providing their services. Unfortunately, many car accidents happen due to driver error. Here are some of the most common causes of car accidents that a lawyer often sees when they work on accident cases.
Drunk Driving
Each year, many fatalities occur because of driving under the influence offenses. It is illegal to drink and drive, even if a victim feels “buzzed” and their blood alcohol content (BAC) is not recorded as above the legal limit. It doesn’t take much alcohol to affect a driver’s senses. Drinking clouds a driver’s ability to react to hazards, judge distance, and safely control their vehicle, so drinking any amount of alcohol is risky. Drivers are responsible for sobering up before they get behind the wheel or finding a ride to their destination.
Distractions
From text notifications and disruptive passengers, there are many kinds of distractions that can interfere with a driver’s focus on the road. When you are operating a vehicle, you need to keep your attention on your surroundings. Some drivers willingly get distracted by texting and driving because they think they can keep enough attention on their driving. However, being distracted at the wrong time can still result in a catastrophic accident.
Reckless Driving
In legal terms, reckless driving refers to a wanton or willful disregard of the consequences of dangerously driving a vehicle, putting the lives of individuals at risk. Examples of reckless driving include violations such as speeding, weaving in and out of traffic, and street racing. Reckless driving is a serious charge, and can result in penalties such as jail time and the loss of your driver’s license.
Understanding the causes of car accidents can help you be better prepared the next time you drive a vehicle. Being mindful of your own driving habits can help you avoid the worst of injuries. If you are seeking quality legal representation after being a car accident victim, talk to a lawyer who can help you maximize your settlement amount. When you are an accident victim, you should not be left to deal with the aftermath alone. Call a trusted car accident lawyer now for help with your claim.
Operating an 18-wheel truck requires a special license and special training to be sure that the driver can handle the task physically and mentally. There are strict regulations in place with which truck drivers have to comply in the interest of preventing a collision with a passenger vehicle. If such a collision does occur, it can be devastating for the occupants of the car or pickup because of the huge weight advantage a truck has over a passenger vehicle.
Nevertheless, despite the measures in place to prevent them, collisions between trucks and passenger vehicles do occur. When the driver of the truck is at fault, one of the following factors may be behind the accident.
1. Speed
A vehicle the size and weight of an 18-wheeler needs more time and space to come to a complete stop than a smaller vehicle. The faster it is going, the greater the stopping distance will be. Nevertheless, truckers are sometimes expected to meet unreasonable deadlines within which to deliver their cargo. In some cases, the only solution they can see is to speed to their destination rather than observing the posted limit or taking road conditions into consideration. Unfortunately, more speed also means that the truck can strike with more force in a collision with a smaller vehicle.
2. Fatigue
The same unreasonable deadlines that may induce a truck driver to speed may also prevent him or her from getting as much rest as is necessary to stay alert while behind the wheel. There are regulations in place requiring drivers to get a minimum amount of sleep, but these are not always enforced. Even if the driver gets the required hours’ rest, the quality of sleep may not be the best. Some drivers may try to increase alertness by using illicit stimulant drugs, which can further impair driving ability.
3. Distractions
If a distraction is anything that removes one’s attention momentarily from the task of driving, then everyone who operates a motor vehicle, large or small, is susceptible to distracted driving from time to time. However, truckers travel long distances, sometimes over open stretches of highway for hours at a time, which can be very boring. Therefore, the temptation to engage in distracting behavior, e.g., cell phone use, can be very strong.
It is not only the driver who may be liable in a truck accident. Depending on the circumstances, trucking companies and manufacturers of the vehicle itself may be held accountable, as a truck accident lawyer in Houston, TX like one from John K. Zaid & Associates can explain. Contact our office if you or a family member have been seriously injured in a truck accident.
Best Knee Doctor
Dealing with knee pain can be a nightmare. Many people do not realize how much they truly rely on their knees every day, whether it is bending over to pick something up, getting out of bed, or sitting down on a chair. We use our knees for so many things that it is easy to take them for granted. Then, you may wake up one day and realize that your knee has been hurting for weeks or months and you do not know why. Or, perhaps you injured yourself during a game of basketball and hoped that rest and icing the area would heal it quickly. On the other hand, you may have been injured by someone else who was acting carelessly. If someone injured you and damaged your knee as a result of someone else’s negligence, this is something you should have a doctor look at immediately so that they can devise a treatment plan for you. In addition, this information and treatment may also help you when successfully filing a personal injury claim having the necessary medical records. When home remedies do not work, it may be time to speak with your doctor about knee injections.
What kinds of injection options are out there?
When you are looking for different options to ease your knee pain, you may wish to speak with your doctor, like a best knee doctor. Your doctor can discuss the different treatments and go over the options for different injections. Some of these options are:
- Cortisone Injections. These injections can work in as little as 24 hours. The effects of this shot will not last, however, and you will likely have anywhere between 6 weeks and 6 months until you need to go in for another shot. If your doctor thinks that inflammation is what is causing your knee pain, they may recommend cortisone injections.
- Hyalauronic Acid Injections. Unlike cortisone injections, you will probably not feel much relief in your knee for 1-2 weeks. However, hyaluronic acid injections typically last longer than cortisone injections and your doctor may recommend this form of treatment when the issue has to do with needing more lubrication for your knee joint.
Would injections be right for me with arthritis?
The best thing that you can do is speak with your doctor before starting any treatment, whether it is an authorized medical treatment or an at-home remedy. For those who are suffering from knee pain due to arthritis, you may find that cortisone shots, in particular, are especially helpful in reducing your inflammation and knee pain. Many people who have been injured due to repetitive motion injuries at work find that injections can help ease the pain of their arthritis.
Get Help For Your Knee Pain Now!
When you are dealing with knee pain, you should not have to face this pain every day. Instead, speak with a local doctor to see how injections may help reduce or eliminate your pain. Especially when you wish to file a personal injury claim against the person who caused you to become injured, the sooner you see a doctor, the better. Reach out to a local office today.
Personal Injury Lawyer
After a serious injury accident, it’s only understandable that you’d be considering your options. Do you have outstanding medical bills that are due? Is your car being fixed in a shop and you are wondering how that’s going to get paid for? In cases where another party was at-fault for an injury accident, victims may be due compensation for their damages and losses.
If you aren’t sure whether what you’ve been through constitutes pursuing a lawsuit, here are examples of personal injury accidents that may warrant contacting a personal injury lawyer for help:
Medical Malpractice
When we aren’t feeling at our best, we may visit the doctor to see if they can uncover what is wrong and then treat it. But when a doctor commits an error, a patient can actually suffer worse or pass away because of it. All it takes is an oversight for a patient to suffer needlessly. Medical malpractice is different from receiving unwanted medical news, as not every negative outcome was because of a doctor’s error.
Car Accident
Car accidents have a way of not only interrupting our day, but can easily cause damage to our physical, mental, and financial health. Car accidents occur for a variety of reasons, commonly due to one driver being reckless which led to a collision with another vehicle. Injuries that tend to be frequently seen after a car accident include:
- Whiplash
- Traumatic brain injury
- Broken bones
- Mental stress/anguish
- Soft tissue injury (cuts, bruises)
Personal Injury Lawyer
A place of work should be as safe as possible, and companies have a duty to workers to eliminate potential hazards and risks. Some career paths are more vulnerable to injury than others, a common example being construction site workers. However, even if there are inherent risks to the job, this doesn’t mean that injury accidents should be accepted as normal. Anyone who’s been hurt on the job can probaby benefit from some legal insight on how to protect their best interests and ensure they get the medical attention they require.
As the reputable personal injury lawyer at Brown Kiely, LLP can attest, there are numerous other types of personal injury accidents that may warrant contacting a lawyer. Anyone who has been injured because of another’s fault must put their health and finances first and consider their options in obtaining compensation.
Once you win your car accident lawsuit, you may feel like celebrating the big win. The judge ruled in your favor, or perhaps the jury awarded you damages for your pain and suffering. You have been struggling to make it to this point for some months, and you finally got your settlement. Right? The answer to your question isn’t that easy to answer. In many cases, winning your lawsuit is only the first part of the battle. Depending on who is responsible for the payment, you now may have to try and collect the money.
Settling the Agreement
If your case settles before trial on your injury accident lawsuit, it is known as a settlement agreement. The agreement will have a period within which the settlement monies must be paid, and most states allow a grace period of up to 30 days. If the payment is not made, or only a partial payment is provided, the agreement demands that interest be added to the remainder of the unpaid amount.
The settlement agreement may also have a section that gives the plaintiff the right to back out of the deal and continue the lawsuit if the money is not paid as stated in the contract. Once the case is reinstated, it will continue to trial as if the agreement never existed.
Appealing the Judgment
The court case is over, and you’ve won. However, the other side may believe they were wronged, or they could find more information that would change the court’s decision. Either way, they usually have up to two weeks to file a motion for a new trial and up to 60 days to file for an appeal on the ruling.
After either motion is filed, the case will be heard as soon as the court can schedule the matter – usually within three months. The problem is that the losing party is not required to pay any judgment money until the motion has been heard and settled, which can sometimes take several years.
Receiving the Money
If no appeals are filed after you win your case, and the insurance company and the driver are named in the suit, the insurance company is typically responsible for paying the judgment amount. The court mandates that companies pay the total amount within 45 days of the judgment.
As our car accident lawyer friends from Daniel E. Stuart, P.C. can agree with, putting your well-being first by taking action and understanding the laws are the best ways to reduce financial loss in the event of a serious accident.
You may not think the workers’ compensation is going to cover work silence or a fight that you are involved in at work, however this is sometimes wrong. You might be able to recover workers’ compensation benefits if you meet certain qualifications. An experienced workers’ compensation attorney, like one at Rispoli and Borneo PC, can tell you about your options.
Statistics About Injuries in the Workplace
The CDC says that around 20,790 workers in the private sector were injured in workplace violence, 71% of these people were female and 73% of them worked in healthcare or social assistance. When you are working with people that may have underlying conditions that they cannot control or may require medications that they are not taking to help with their underlying conditions and imposes, you might be prone to running into injuries due to violence from the people you are trying to help. Your workers’ compensation attorney needs to understand that your workplace can have violence, even if you work an office job.
Workplace Violence
You might be wondering what will disqualify your case from receiving compensation under workers’ compensation law, if you are injured due to workplace violence. The injury in question has to arise out of and in the course of your employment, so if a customer attacks you then you would be covered, if a patient attacks you would be covered. However if you start a fight with another coworker you would not be covered. If you are otherwise deemed to be engaged in shenanigans you would not be covered, or it could be difficult to obtain workers’ compensation.
If you are hoping to file a successful workers’ compensation claim after being injured on the job by a patient or client, you and your attorney are going to have to show that you are not the one that started the fight. It doesn’t matter if a customer where a coworker verbally provoked you, if you threw the first punch when you are denied your benefits.
Another disqualification could be if you are intoxicated at the time of the injury, and the employer is going to try to pursue an intoxication defense because they will argue that the sole reason for the injury was because you were under the influence of drugs or alcohol. However for your employer to prove that you are under the influence of something that would require blood or urine samples.
If you instigate a fight on company property during work, your workplace is going to be able to claim that you are provoking somebody else, and the injury did not arise from the conditions of your work but from a fight that you began. However there is an understanding that you can defend yourself following an altercation started by somebody else on the workplace property, and would still be eligible to receive workers’ compensation.
Reach out to a workers compensation attorney today if you have any questions.
A car accident can result in serious injuries and property damage. Costs associated with these losses can skyrocket over time. If you have recently been injured in an accident and you believe that another driver involved in the crash, an auto manufacturer, and/or other party may be either partially or totally to blame for your harm, you may benefit from filing a lawsuit to recover your losses.
Not all accidents provide strong grounds upon which to file a lawsuit. As a result, it can be helpful to connect with the experienced legal team at John K. Zaid & Associates to learn more about the potential strengths and weaknesses of your individual claim. Here are a few questions that you may wish to ask us during your risk-free consultation:
1. Can I Prove Fault?
Proving that the other party acted negligently and caused the car accident in question will likely be the cornerstone of your case. As the plaintiff, the burden of proof will be yours, so it is important that you gather as much evidence as possible. If you have a copy of the police report filed at the scene, copies of your medical bills, pictures of the crash site, etc., bring these along to your case evaluation. The more information that you provide an attorney with, the more personalized that their feedback will be.
2. What Are the Laws of My State?
In some cases, the regulations of your state of residence may affect a car crash case. This is especially true if you are partially to blame for your accident. Although you may remain entitled to recover damages, your damage award amount may be diminished according to the percentage of fault that may be reasonably assigned to you.
3. What if I Was Cited?
Receiving a citation at the scene of an accident does not instantly mean you are to blame. For example, if an investigating officer finds you were speeding but the other driver hit you because he or she was trying to answer a cell phone call, that individual is still responsible for those actions. You can ask your attorney to review any citation to gauge the viability of your case.
4. What Is the Value of My Case?
The total combined value of your case can affect whether pursuing legal action is worth your while at this time. Several factors may affect the value, such as whether you can return to work, the future of your health based on current injuries, and the total amount of your hospital bills and property damage. Our team can assess the overall value of your case so that you can make an informed decision as to whether filing legal action is in your best interests at this time.
Proving negligence in a car accident case can be difficult, but having a knowledgeable lawyer on your side can help you build the strongest case possible. Don’t entrust your case to just anyone. Ask yourself, “Who is the best car accident lawyer in Houston, TX?” and then do some research on the subject. Our team is confident that after conducting this research, you’ll feel more than comfortable scheduling a risk-free consultation with our firm in order to fully explore your rights and options under the law.
When you sue someone for your injuries in the wake of a truck accident, you can expect to recover two types of what are called compensatory damages: economic and noneconomic. As their name implies, these compensatory damages are the amounts that you allege the defendant owes you to compensate you for the losses arising from your injuries.
Keep in mind that various states have different names for these damages that your personal injury lawyer can clarify for you.
Economic Damages
In general, economic damages consist of easily quantifiable accident-related expenses, such as the following:
- Emergency room care
- Diagnostic tests
- Hospital and surgical care
- Follow-up doctor visits
- Physical therapy
- Rehabilitation services
- Prescription medications
- Medical equipment, i.e., crutches, walkers, wheelchairs, prostheses, etc.
The loss of your wages or salary are also economic damages, and both they and your medical and other expenses include not only those you’re sustained to date, but also those you can reasonably expect to incur in the future.
Noneconomic Damages
While economic damages apply to the expenses and losses for which you have bills or other hard proof, noneconomic damages consist of more subjective losses, including the following:
- Physical, mental and emotional pain and suffering
- Lingering disfiguring scars
- Loss of a body part or bodily function
- Necessity of having to use a wheelchair, prosthesis or other assistive device in order to move around
- Loss of your ability to fully function on a day-to-day basis
- Loss of your ability to fully participate in the sports and other recreational activities you enjoyed prior to your injury
- Loss of your overall enjoyment of life
Punitive Damages
Depending on the circumstances surrounding your injuries, you may be able to collect punitive damages in addition to your economic and noneconomic damages. Courts award punitive damages in cases wherein the defendant’s actions or failure to act were so egregious that they (essentially) shock the public consciousness. In other words, the purpose of punitive damages is to financially punish the defendant.
While punitive damages are not a component of most personal injury lawsuits, they tend to be awarded far in excess of economic and noneconomic damages when they apply.
Calculating the Monetary Value of Your Case
If you are curious about the amount of damages that could potentially be awarded–should you choose to file a truck accident case–connect with the experienced legal team at John K. Zaid & Associates today. No two cases are exactly alike, so it is important to avoid making assumptions–either positive or negative–about the value of your case until our Houston, TX truck accident lawyer team has evaluated your unique circumstances.
Many medical providers and entities that provide healthcare services can be held liable in the event that substandard care of a patient leads to that patient’s harm. If you have suffered harm that you believe may be linked to a medical care provider’s actions or inactions, connect with an experienced Houston, TX personal injury lawyer to explore your legal options.
What Is Medical Malpractice?
Medical malpractice can be described as the deviation by a medical professional, doctor or healthcare professional from the standard quality of care expected in a given situation. Healthcare providers are required to provide a certain level of care in accordance with current industry standards. If harm results from a facility or individual’s failure to provide a patient with this level of care, the professional or entity may be held liable for medical malpractice.
Who Can Be Sued for Malpractice?
Medical doctors, nurses, other health care professionals, hospitals and other healthcare facilities may be sued for medical malpractice. Hospitals and some other healthcare sites may be held liable for their own negligence or the negligence of an employee. Suits against an entity resulting from the negligence of an employee are referred to as vicarious liability.
What Constitutes Malpractice?
In order to have a chance at a successful medical malpractice lawsuit, a healthcare provider or entity must have failed to provide the appropriate standard of care. When the standard of care is not met, a patient may be able to file a malpractice lawsuit as a result of the negligence. Further, there must have been an injury that resulted from the substandard care. If you have not sustained an injury as a direct result of negligent medical care, you do not have a claim for medical malpractice. Further, the injury must have caused you negative consequences ending in considerable damage. That considerable damage could include medical bills, everlasting pain, decreased income, hardship, suffering or permanent disability.
What Are the Legal Elements of Medical Malpractice?
An injured patient must demonstrate that a healthcare provider or entity acted negligently in providing care and that an injury occurred as a result. Four legal elements must be proven to have a chance at a successful medical malpractice lawsuit. Those four elements are:
- A professional duty was owed to the patient
- That professional duty was breached
- The patient suffered an injury as a result of that breach
- Damages were incurred by the patient as a result of the breach of duty
Contact a medical malpractice attorney today if you believe that you may have suffered harm as a result of a provider’s actions or inactions. The knowledgeable legal team at John K. Zaid & Associates can assess your unique circumstances in order to determine whether you have strong grounds upon which to file a civil claim.
If you have recently suffered injury because a vehicle hit your motorcycle or forced you off the road, you would do well to consult an experienced Houston, TX personal injury lawyer as soon as possible after the accident. Even if you were partially at fault for the circumstances that led to your crash, you may be entitled to significant compensation from the other party/parties that contributed to the cause(s) of your accident. Connecting with the experienced legal team at John K. Zaid & Associates can better ensure that you understand your legal options and that you receive any and all legal support that you may require at this time.
Common Bike Crash Causes
Unfortunately, it’s a well known fact that car and truck drivers often don’t give bikers the respect – and room – that they deserve on the road. All too frequently, they engage in negligent behaviors such as:
- Following behind too closely
- Weaving into a biker’s lane
- Failing to signal when they’re in front of a biker and intend to slow down and turn
- Passing a biker without leaving sufficient room between themselves and the bike
- Cutting back in front of a biker too soon after passing
Catastrophic Injury Possibility
In a high-speed motorcycle crash, you’re likely to sustain one or more of the following types of injuries:
- Traumatic brain injury
- Spinal cord injury
- Broken bones
- Crush injury
- Amputation of one or more of your limbs
- Severe road rash
Any of these injuries can result in a need for weeks, months, or even years of medical and rehabilitative care and treatment. It goes without saying that your medical and other bills can quickly skyrocket. Thankfully, if you are entitled to compensation as a result of your injuries, you may not need to worry about the costs of necessary treatment, lost wages, etc.
What a Motorcycle Accident Lawyer Can Do For You
Having an experienced local motorcycle accident lawyer on your side as soon as possible not only makes good sense, but also makes good dollars and cents. An attorney can build the strongest possible case on your behalf. Depending on your circumstances, they may:
- Investigate the circumstances surrounding your accident
- Help you establish fault
- File a personal injury lawsuit on your behalf against the negligent driver, making sure it meets your state’s statute of limitations deadline and all other laws, rules and regulations
- Aggressively negotiate with the defendant’s insurance company to maximize the settlement offer it makes
- If necessary, assertively represent you in a jury trial
- Guide you through every step of the process from start to favorable resolution
Perhaps most importantly, knowing you have an experienced, knowledgeable and highly competent attorney in your corner can relieve you of your legal and financial worries so you can focus on recovering from your injuries to the greatest extent possible and getting back to the life you love.
If you’ve been involved in a motor vehicle collision and you’re pregnant, don’t panic. Breathe, focus, and act. While you have a natural concern for your pregnancy’s wellbeing, all you can do is take the aftermath of your crash one moment at a time. Act quickly, act calmly, and those in a position to assist you will help to ensure that you and your pregnancy benefit from the best possible outcome given your unique circumstances.
Call for Help
Unless the crash was a mere fender bender, contact the authorities right away. You never know if the shock of impact could suddenly create the need for immediate medical assistance. Have the police complete a report, as this crucial bit of documentation could play a central role in a forthcoming lawsuit. With that said, do not worry about the legal ins and outs of things right now. Everything else can wait until you’ve received proper medical attention. If you are feeling well enough to get the names of witnesses, exchange insurance information with others involved, and take pictures of the crash scene, that’s great. But only spend a minute or two on these tasks. Your health is paramount.
Explain That You’re Pregnant
Make sure that everyone present knows that you’re pregnant, even if you aren’t very “far along.” The protocols law enforcement officials and EMTs follow in these circumstances might be different than they would be otherwise. For instance, ambulance operators may not be allowed to perform certain types of procedures on pregnant women. Those on the scene are also more inclined to be gentle and give you the compassion that anyone in your position deserves.
Seek Medical Attention
Emergency room treatment may not be necessary. Regardless, you should still follow up with your obstetrician immediately. There is always a chance your pregnancy has been affected by the impact of the crash. Rush to the hospital if there is abdominal pain or bleeding. Other signs of trouble include changes in the fetal movement, constant vomiting, and severe headaches. Time may pass before these symptoms appear. That does not mean that there is no connection between the accident and the health of your pregnancy.
Explore Your Legal Options
Once you have received proper medical attention and are out of danger, it is time to connect with an experienced Houston, TX car accident lawyer. The knowledgeable legal team and support staff at John K. Zaid & Associates can help to ensure that you understand all of your legal options and your rights as an accident victim. Should you choose to pursue legal action, we can build the strongest possible case on your behalf.
If you have suffered a personal injury or loss due to another’s negligence, recklessness, or intentionally dangerous conduct as the result of a truck accident, you may be wondering whether it is worth your time and effort to pursue legal action. There is no “one size fits all” answer to this question, as every accident situation is different. However, given the nature of truck accident injuries, you should take the time to explore your legal options before reaching a conclusion. Scheduling a risk-free consultation with our firm’s Houston, TX truck accident lawyer team will help to ensure that you fully understand your rights and options under the law. Even if you were partially responsible for your injurious circumstances, you may be entitled to significant compensation at this time.
How To Determine if You Should Take Legal Action
There are various things to consider when determining whether you have a valid claim for others who may be partially or totally to blame for your injuries. You’ll want to begin by calculating what your accident has cost you and is likely to cost you, moving forward:
- Medical Expenses. List out your medical expenses that were related to the incident. This calculation should include any future medical expenses you know will arise in the future.
- Out-of-Pocket Costs. Did you pay for any out-of-pocket medical expenses? Maybe you had to rent a car due to the incident.
- Loss of Pay. If you missed any days of work due to the incident, how much pay did you lose?
- Damage to Property. Any expenses you incurred to damaged property can be listed here.
Now that you know the total amount you have lost due to this wrongful act, you still have to determine if you have the ability to recover these costs. For example, if your medical insurance paid for your medical expenses, you no longer can claim them in a lawsuit, or whatever costs you do receive from the lawsuit will get reimbursed to your insurance provider. Note that if you were on the job at the time of your accident, you may be entitled to workers’ compensation benefits.
If your expenses will not easily be recovered, chances are good that pursuing legal action will be worth your time and effort. Depending on the circumstances of your accident, you may be able to hold multiple entities (others involved in the accident, manufacturers of faulty parts, trucking companies, etc.) liable for the harm you have suffered.
The experienced legal team at John K. Zaid & Associates can guide you in determining whether it is in your best interests to take legal action at this time. At minimum, exploring your options and clarifying your rights under the law in a risk-free consultation setting is worth your while.
Everybody makes mistakes. If you were partially to blame for a car accident that resulted in injuries to your body, know that you still have rights and may have opportunities available that will allow you to recover compensation.
Chances are that you’re replaying the moments leading to the accident “on loop” in your head. Maybe you were mentally composing a stressful email you had to send later. Maybe you took your eyes off the road for a split second to adjust the radio or turned around to scold your kids in the back seat. Whatever the reason(s) for the accident, know that it remains important to explore your legal options at this time. The experienced legal team at John K. Zaid & Associates can help to clarify your rights as an injury victim and can help you explore all legal options available to you at this time.
Don’t Admit Fault to Anyone But Your Attorney
This sounds contrary to what many learned as children when their parents taught them to “say sorry.” However, taking responsibility immediately after the accident or apologizing to the other drivers may cause you problems later. Drivers involved in a crash are often so shaken up that they may admit fault even when they aren’t guilty at all. When speaking to the officer on scene or later to your insurance agent, don’t lie, but rather state only the facts as you witnessed them.
If you truly believe you are partially or entirely at fault, the best thing to do is find an attorney with whom to share your concerns. It is possible that your belief that you are partially to blame for what happened to you is mistaken. Even if it isn’t mistaken, an experienced Houston, TX car accident lawyer can help you to navigate your part in the accident without compromising the strength of your case.
Know That Multiple Parties May Be Involved in the Determination
Depending on the complexity of the incident, how many drivers were involved, and whether all of them are insured, the final determination of fault will likely be made by one or several of the following entities:
- The insurance agencies of the various drivers
- An arbitrator that can step in when insurers don’t agree
- A judge and jury, in the unlikely event the case is taken to court
- Law enforcement officers on scene and the report they file
No matter which of these parties you end up dealing with, make sure to always keep your story and the facts straight.
Remember You May Be Partially at Fault Without Being Entirely at Fault
There is a standard followed by many states called “comparative negligence” or “comparative fault.” In this case, if multiple drivers were involved in the wreck, the responsibility, and therefore compensation, can be assigned by percentage. For instance, if a judge or insurer decides you were 30% responsible for what happened, you would receive 70% of the compensation value of the case from the other at-fault party.
The aftermath of an accident can be daunting and complicated. If you suspect you may be partially to blame in a recent incident, consult with a personal injury lawyer to help you navigate the process as successfully as possible.
Medical malpractice happens in a number of ways. Surgeries go wrong due to negligence, doctors misdiagnose diseases, or pharmacists give someone the wrong medication. While malpractice is generally not truly malicious, that doesn’t mean it doesn’t impact the lives of those patients who suffer harm. As a result, it is important for you to explore your legal options if you have suffered harm that you believe may have originated with a medical care provider’s actions or inactions. After speaking with an experienced Houston, TX personal injury lawyer, you will be able to make a truly informed decision about whether it is in your best interests to pursue compensation from the negligent provider in question at this time.
Filing a Medical Malpractice Claim Is a Time-Sensitive Process
Every state has a statute of limitations concerning when a patient can file a medical malpractice lawsuit against a healthcare provider. Typically, you have 1-3 years to file your lawsuit and there are very few exceptions. In rare cases, someone may receive an extension if they can prove without a doubt that they were unaware the malpractice happened, such as if a surgical tool was discovered inside a person years later. However, cases that fall under these circumstances are rare, which means the sooner you hire a lawyer, the better.
Medical Negligence Laws Are Complex
Proving that a healthcare provider was negligent can take much longer and is much more complicated than it seems. An attorney can help you determine if your case is viable and is strong enough to be likely to succeed. Your lawyer will likely begin by pulling and comparing your medical records from before and after the alleged malpractice, determining if you have additional medical bills due to the harm you have suffered, considering whether you had to stop working, etc. The burden of proof is on the plaintiff in a civil lawsuit, so having an experienced attorney on your side will help to ensure that your case is as solid as it can possibly be.
Settlements in Medical Malpractice Lawsuits
Settlements in medical malpractice lawsuits vary greatly and can be anywhere from a few thousand dollars to millions of dollars. Many times, the defendant will try to settle out of court first. The knowledgeable legal team at John K. Zaid & Associates can help to evaluate the potential settlement value of your case so that you can accurately determine whether pursuing legal action is worth your time and effort.
Protecting Your Best Interests After a Car Accident
A boring and mundane commute can quickly turn into a nightmare if a driver on the road is being reckless. Suddenly, you may be in pain, your car is a wreck, and you are so disoriented you aren’t sure what to do now. Of course, always call 911 for help, so an officer can file a report and any injuries can be attended to. Your immediate reaction of shock and stress can consume your energy and every thought, causing you to do things that you may regret later on.
While at the scene of a car accident, it’s important that you are taking steps that properly protect your best interests, such as:
Reporting Your Side to Law Enforcement
A police officer is going to file a report of the accident. In this report, there will be facts about the car accident itself, it’ll be crucial that you share your side of the story with law enforcement. Then, you can get copies of this report in the days to follow at your local police station, to be shared with your insurance company and legal representative.
Getting an Exam Even If There are No Symptoms
The tricky thing about accident injuries is that symptoms can arise the next day. You may have no pain in the moments after the crash, but then find you are in substantial pain within 24-72 hours. It isn’t uncommon for car accident victims to have at least some degree of whiplash, if not other kinds of back and neck injury.
Not Admitting To or Accepting Fault Claims
The other driver and/or their insurance company may make claims that you are at fault. However, that must be proven and cannot be assumed without evidence. Even if you think you may have been partially responsible, there may have been factors you are not aware of. Let your lawyer take the lead so you can focus on injury recovery.
Contact a car accident lawyer right away for protection as your car accident claim is handled, such as a lawyer from The Morales Law Firm.
If you have recently been injured in a motor vehicle accident, it is important to take time to explore your legal options once you have received proper medical attention. All too often, accident victims hesitate to connect with lawyers because they are convinced that filing an insurance claim and/or lawsuit isn’t worth their time or that they aren’t entitled to any compensation. It is important to avoid making assumptions about the potential strengths and weaknesses of your case until it has been evaluated by an experienced Houston, TX car accident lawyer. Even if you were partially to blame for the crash, you may be entitled to far more compensation than you might think.
1. Lawyers Have Connections With Investigators
Chances are you don’t have the money, the time or the expertise to conduct a proper investigation into the cause(s) of your crash. If it’s not obvious who was at fault, or if the other party is trying to point the blame your way, it could benefit you to contact a lawyer with the resources to dig up information and clarify the truth. The causes of car accidents aren’t always obvious. An investigation may reveal, for example, that an auto defect was to blame and illuminate that you are in a position to sue an auto manufacturer for the harm that you have suffered.
2. A Lawyer Understands Persuasive Negotiating Techniques
When negotiating a settlement, you likely won’t know what to say or do to ensure that your claim is properly valued and fully paid. An experienced lawyer has knowledge of certain tactics and techniques to negotiate a fair settlement. Whether you’re working on an insurance claim or have filed a lawsuit, these negotiating skills will prove to be essential.
3. Lawyers Can Assist in Litigation
If you must litigate your claim in order to receive the compensation to which you are due, the entire process could take a lot longer than it otherwise might. Lawyers with experience in litigation will know what steps to take to help the process run more smoothly. If you must appear before a judge and jury, your lawyer will be your advocate to help you fight for your rights.
4. A Lawyer Can Help You Collect Evidence
Throughout the process of putting together a claim, you’ll need to gather certain pieces of evidence, including witness statements, photographs and even medical documents. Sometimes it can be difficult to get a hold of the medical documents your case requires, but most lawyers put forth significant effort to obtain what is needed in the shortest amount of time possible.
Contacting a Car Accident Lawyer
There are several reasons to contact a car accident lawyer. If you were recently injured in an accident, whether you were potentially at fault or not, you’ll want to contact a car accident lawyer to learn more about your rights. The trusted legal team at John K. Zaid & Associates is here to help.
If you’ve ever seen a crime drama wherein someone has been read their Miranda rights before being interrogated by police, you’ve heard the warning, “Anything you say can and will be used against you in a court of law.” If you have recently been injured in a motor vehicle accident–especially if a large truck was involved, as truck accident cases tend to be particularly complicated–you should heed this warning as a general rule. Meaning, that you need to be aware that anything you say–or post online–in the wake of an accident can impact any legal proceedings that you may be involved in following your crash.
Even if you are in no way responsible for the crash that caused your injuries, the things you say and post can be used by opposing counsel or an insurance company to diminish the value of your claim. If you have any questions about whether something you’d like to post could potentially land you in hot water (legally speaking), connect with our firm’s Houston, TX truck accident lawyer team for clarification.
What Are the Risks of Your Posting on Social Media?
It’s understandable that you may wish to let loved ones know that you’re still strong after suffering an injury. You want to show that you’re okay, that you’re still smiling, and enjoying life. To the people for whom you’re posting, the message they get may be a positive one, as you demonstrate that you can take care of yourself after an accident. To a lawyer representing an insurer or another party involved in the accident, however, your words and/or picture may demonstrate that you haven’t been seriously injured.
One of the first places an attorney will look when building a defense against your case is your social media accounts. Everything you post on social media may be used against you in court (even if your account is set to private) and can potentially hurt your case.
What Are Some Examples of Social Media Being Used Against You?
Here are some examples of how social media can be used against you:
- You’ve been in an auto accident and claim your injury has left you depressed. You post a positive-sounding statement online saying you’re still smiling.
- You’ve broken your leg and are seeking damages from the insurance company, which refuses to pay your medical bills. You post a recent photo of you playing with your kids that can be interpreted in ways that suggest you’re bearing weight on your broken leg.
- You’re suffering from injuries related to your accident and claim that you’re unable to walk. You post a photo of yourself sitting at a bar. Location tags are used to show exactly which bar you’re in, and the bar doesn’t have handicapped access.
These are just a few examples of the ways in which your words and/or pictures can be used against you in a personal injury context.
What Should You Do?
After suffering a personal injury, don’t post on social media. While it may be extremely tempting if not natural, resist posting anything that illustrates that you’re fine. In short, don’t give the defense any reason to believe your injury isn’t as bad as you claim. Once you connect with the experienced legal team at John K. Zaid & Associates, we can help you to determine the best ways to remain engaged on social media without potentially harming your case, if remaining on social media is important to you at this time.
Birth Injury Lawyer in Houston, TX
A birth injury lawyer in Houston, TX knows that when you have a child, you should be happy and excited. But sometimes, there are risk factors or negligence when a baby is being born that can lead to birth injuries with long-term damage.
What is Birth injury?
Birth injury is a general term used to describe any injuries sustained by a newborn baby during labor or delivery. In Africa, Asia, and Latin America, birth injury is more common. While relatively uncommon, still about two percent of live births in the U.S. are affected by physical injuries not related to a preexisting condition.
In cases where the baby’s size may be too large in relation to the mother’s pelvis, birth injury occurs more frequently among larger-than-average babies. Doctors often use their hands, instruments, or vacuums to help with the passage of larger babies through the birth canal. If a doctor uses too much force while handling a baby or is not careful with birthing instruments, there can be injuries.
Common birth injuries may happen naturally during the birthing process, but may also be caused accidentally by the medical team performing birthing procedures.
- Caput Succedaneum
- Oxygen Deprivation
- Bell’s Palsy
- Bruising and Broken Bones
- Cephalohematoma
- Subconjunctival Hemorrhage
- Brachial Plexus Injury
Birth injury can be recognized and treated quickly. Injuries like lacerations, caput succedaneum, and cephalohematoma have a good long- and short-term prognosis. Your child’s prognosis will depend on a number of factors, including his or her overall health, additional conditions or injuries, and how well he or she responds to treatment.
Contacting a Birth Injury Lawyer
Our firm has experience in many fields of law including birth-related injury law, with a philosophy that keeps us working hard for our clients and being transparent and honest. We are honest about our expectations. We will help you grieve the injury, we will help you figure out what happened, and we will help you demand compensation from the hospital or medical staff.
A birth injury lawyer in Houston, TX can help you determine whether your child’s birth injury was negligence, or unavoidable. John K. Zaid & Associates will take great care with handling your case, to ensure that we look at every possibility and determine who, if anyone, was at fault and how much compensation the family is entitled to. Reach out to a birth injury lawyer in Houston, TX, such as John K Zaid & Associates.
Houston, TX Truck Accident Lawyer
Occasionally, people who are licensed drivers are involved in truck accidents caused by circumstances beyond their control. It may be that a truck driver makes a mistake, a vehicle malfunctions or changing weather conditions make an accident unavoidable. Sometimes, drivers experience medical emergencies that render them unable to safely operate a motor vehicle. You may wonder about your liability if you inadvertently cause a crash with a truck because of unexpected physical impairment. Before discussing that, it is important to be reminded of what to do if you are involved in any accident.
What Should You Do if There Is an Accident Between a Vehicle and a Large Truck?
It is ideal to keep a list of proper procedures to follow in the event of an accident with a truck.
This list assumes that you are physically able to complete the steps involved:
- Remain at the scene. If heavy traffic is present, you will want to get out of the drive lane, but do not travel farther than necessary for safety.
- Contact first responders by calling 911. Relay necessary details of the accident. If you are not sure of injuries, err on the side of saying there might be injuries.
- Check with others involved to see if there are injuries. If necessary, apprise 911.
- Secure contact information from other parties and from witnesses.
- Write down or make a recording of pertinent information.
- Make certain to inform your insurance company.
What If You Experienced a Medical Problem That Resulted in an Accident with a Truck?
The answer to this question is not as clear-cut as you might assume. On the one hand, if you are driving and through no fault of your own you lose the physical ability to control your vehicle, then you cannot be considered “negligent.” Thus, you and your insurance company would not be liable for damages caused by the crash. On the other hand, if you had forewarned of the medical problem and did nothing to prevent a possible accident, you might be found negligent and therefore responsible.
What Insight and Assistance Can an Attorney Offer?
Upon listening to your recounting of an incident and reading the police report, an experienced truck accident lawyer in Houston, TX will have a good idea of the degree of responsibility you may bear in an accident resulting from a medical condition. An attorney from John K. Zaid & Associates will be familiar with the laws and typical judicial rulings in the area where the accident occurred, as ordinances and judgments vary greatly. Consulting an attorney will give you insight into your liabilities and defenses.
Houston, TX Car Accident Lawyer
Within a few days after a car accident, you may receive a call from an insurance adjuster. While he or she may attempt to keep the call friendly and casual, this is a conversation that you should approach with extreme caution. If you give away too much or let your guard down, the conversation could affect how much you can recover in damages.
Here are some tips for handling the conversation with the insurance adjuster in a way that is not detrimental to you.
- Do Not Agree To Have Your Conversation Recorded
An insurance adjuster may ask your permission to record your conversation, perhaps with the excuse that it is for your protection or some vague “quality control.” Anything you say in the recording is evidence that, if damaging to your claim, is very difficult to refute, correct, or expand on later. You have the right to refuse to have any part of the conversation recorded, and you should assert your right very clearly at the beginning of the conversation.
- Set Limits on Conversations
This means keeping the time you spend on the initial conversation short and restricting the amount of information that you share with the insurance adjuster. However, it also means making clear that you will not make a habit of receiving his or her calls. In the interest of presenting and receiving accurate information, you should conduct most of the proceedings related to the claim in writing.
- Identify the Caller
When you first answer the phone, the adjuster will probably identify himself or herself by name. Ask for the information again so you can write it down. In addition to the adjuster’s name, collect his or her contact information (phone number and address), and the name of the insurance company he or she works for. Confirm the name of the insured, i.e., the other party involved in the accident, whose name you should have collected at the scene.
- Give No Details Related to the Accident
The only details about the accident that you have to share are:
- The type of accident
- The vehicles involved
- When and where it took place
- The identity of any witnesses
If the adjuster presses you for any further information, politely inform him or her that your investigation of the accident is still ongoing. Do not discuss any details of your injuries, and just say you are “still treating.”
During this phone call, you should remain polite but guarded. The adjuster may press you for more information or to accept a settlement, neither of which is typically in your interest. One of our attorneys can help you deal constructively with the insurance company.
Contacting a car accident lawyer
One final thing to keep in mind when working with insurance companies is that if you do take the company to court or reach a settlement, the company will almost always pay you promptly. If your accident occurred in or near the Houston area, we recommend working with a lawyer who has proven experience working in local and state courts.
For help with your car accident case, consult with a Houston, TX car accident lawyer from John K. Zaid & Associates at your earliest convenience
Car Accident Lawyer Houston, TX
Finding yourself involved in a car accident is a stressful situation. Not only do you worry about your health and safety and that of others in your vehicle, but there are other implications. You could find yourself facing financial challenges as well as emotional and mental distress. It can be hard to process everything following a serious car accident, and recovering from an accident can take a long time. A Houston, TX car accident lawyer can help you determine the proper course of action.
Helpful post-accident guidelines
Don’t Leave the Scene
One of the worst things you can do after a car accident is to drive away. Even in minor collisions where there are no injuries, you should stay put. Fleeing the area can be incriminating, whether you are at fault or not.
Contact the Police
Regardless of the severity of the accident, you should alert the authorities. A police officer will arrive on the scene to investigate the cause. Emergency responders will also be on hand to evaluate your condition and determine whether you need treatment. When you speak to the officer, give an accurate description of what happened. Do not admit fault or place blame.
Exchange Information with the Other Driver
Emotions can run high after a car accident, but it’s important to stay calm. Speak to the other driver without getting upset, and exchange your contact and insurance information. Do not make any accusations about who was at fault. Keep your cool and let the police handle the investigation.
Talk to Witnesses
Chances are good that other drivers, as well as pedestrians and other bystanders, saw the accident take place. Feel free to chat with these people and get their perspectives on what happened. Witnesses can offer information and insight that you and others directly involved do not have.
Gather Evidence
Document the damage your car suffered. You can also take photos of skid marks and damage on the road. Take pictures of any injuries you and others in your car have. Also, write down where everyone in the car was sitting, and explain the nature of the injuries.
Get Medical Care
If you plan on filing a lawsuit and claiming medical expenses, you’ll need to involve medical professionals. Visiting the doctor’s office or hospital as soon as possible after the incident is vital. Have a doctor examine you and your passengers and make any diagnoses you have. Then, get the right treatment for your injuries.
If you follow these tips, you can have peace of mind.
Contacting a Car Accident Lawyer
Contact a Houston, TX based car accident lawyer from John K. Zaid & Associates for help getting the financial compensation you deserve for your injuries. If you have suffered loss of income and benefits while you recover, we will work diligently to recover the amount of wages you lost.
Dog Bite Lawyer in Houston, TX
If you or a loved one has been attacked by a dog in Houston, Texas, you may be able to get compensation for your injuries. It’s important to know that pressing criminal charges won’t result in compensation. Civil cases should be pursued to recover monetary damages. Even if you lose the criminal case, it is possible to file a civil claim but the standards of proof are different.
A civil suit for a dog bite involves a legal process in which you hold a party financially responsible for injuries, distress, and losses that have resulted from their wrongdoing. In Houston, TX, you will usually need a dog bite lawyer in Houston, TX to file a civil claim. Some lawyers don’t handle these types of cases.
Proven Dog Bite Case Experience
When you contact a prospective dog bite lawyer, be prepared to ask the lawyer if they have handled dog bite cases before. A good attorney should be equipped with solid strategies and defenses against the owner, and will be able to demonstrate how such strategies could apply to your suit.
State and Local Laws
Dog bite laws vary by state. Texas has a one bite rule. When it comes to liability on part of the owner, this means the dog’s first bite is free. The owner notices the dog’s tendency to bite after the first bite. The owner is more likely to be negligent if the dog bites again. In other states, Massachusetts for example is a strict liability state. The owner is most likely to be responsible for a dog attack.
When it comes to dog bite laws, they vary by state. For example, Texas is one of the only states with a one bite rule. This basically means the dog’s first bite is “free” when it comes to liability on part of the owner. After the first bite, the owner is on notice in regards to the dog’s tendency to bite. If the dog bites again, the owner is more likely to be found negligent. Whereas, Massachusetts, is a strict liability state. This means the owner is almost always liable for a dog attack.
If the dog bite took place in or near the Houston area, hire a local dog bite lawyer to ensure you receive the best representation and protection of your rights. A good lawyer should have passed the bar, be licensed to practice in Texas, and by extension have a sound understanding of Texas laws. Some law firms offer reciprocity, meaning they have passed the bar in one state but practice in another. This is acceptable as long as they understand the laws of the state.
What is Contingency?
When your dog bite lawyer is able to work on contingency, this means you are not required to pay anything up front. Only if you win, will a fee be deducted from the settlement. To learn more, call John K. Zaid & Associates today.
Brain Injury Lawyer in Houston, TX
An accident that results in a brain injury can adversely affect your life and impact your loved ones. Maybe your medical team has told you that your condition is irreversible and that you’ll live with it for the rest of your life. Even if that’s true, it’s still a good idea to get legal advice about your next steps.
Those who are dealing with the impacts of a brain injury caused by someone else might benefit from the services of a brain injury lawyer in Houston, TX from John K. Zaid & Associates. We work as your advocate and help gather evidence to build a strong case, assess the affected areas of your life, and help seek compensation for now and your future.
Gather Evidence To Build a Strong Case
No two brain injury cases are alike. Yours may have been caused by negligence, malpractice or a combination of several factors. Lawyers will take the time to understand the specifics of your case, plus compile the information that’s necessary before taking your case to court.
They know how important it is to collect substantial evidence that illustrates what happened to you and how it affects your life. Legal professionals will guide you in creating a case backed up by ample details, using their experience to let you know what to expect in the coming months if taking legal action.
Assess the Affected Areas of Your Life
There are probably at least a few areas of your life that the brain injury has affected that come to mind almost immediately. For example, perhaps you can no longer hold your previous job. However, your legal team will take a closer look at the overall impact of being a person with a brain injury.
They understand that a brain injury could disrupt your relationships, your career prospects, your ability to raise a family and the hopes and dreams that you had before the incident occurred. Lawyers will scrutinize how the brain injury affects your well-being and to what extent. Legal professionals can also refer you to medical specialists that can further examine your condition and its immediate and long-term impacts.
Seek Compensation for Now and the Future
Having a lawyer can also make it easier to understand what the future looks like for someone with your condition. For example, maybe you’re able to care for yourself now, but that could change as you get older.
If medical professionals have concluded you will not fully recover from your brain injury, that likely means you’ll need ongoing medical care. Your requirements could also extend to adapted housing and cars. Your legal team will use their knowledge to seek the highest possible compensation for what you’ve suffered.
Contact a Brain Injury Lawyer Today
Suffering a permanent brain injury has undoubtedly disrupted your life, and it may have left you feeling like you don’t know where to turn. Even if you’re unsure about taking legal action, contact a brain injury lawyer today to learn more about the options available to you.
Houston, TX Personal Injury Lawyer
If you have been in a bicycle accident, you may be wondering what happens if you take legal action. After you have sought medical help and contacted the authorities, there are a few more steps before you can receive the compensation that you desire. Bicycle accidents that were caused by the negligence of another on roadways in or near Houston, Texas are commonly handled by a Houston, TX personal injury lawyer from John K. Zaid & Associates.
Below are four steps that can take place in a bicycle accident case:
1. Talk to Insurance Companies
Once you have gathered all the proper documentation from your doctor, the authorities, witnesses, and the other person involved in the accident, you may contact or be contacted by an insurance company. Whether you must speak to your own company or the insurance company for the other person involved in the accident depends on your state. Regardless, if you are seeking maximum compensation, you will want to avoid negotiating directly with the other person’s insurance company.
2. Avoid Direct Negotiation
The other person involved in the accident may attempt to negotiate with you directly to avoid insurance premium increases or additional high costs. It is vital to prevent these negotiations as you may not know the full extent of the damages incurred or the amount of compensation you are potentially entitled to. Take the time to do your research, so you can move on to the next step: consulting an attorney.
3. Consult a Lawyer
An injury lawyer will have experience dealing with other cases like yours. They should know the laws specific to your area and other processes specific to your location. If the bicycle accident occured in or near the Houston area, consider reaching out to a Houston, TX personal injury lawyer from John K. Zaid & Associates for assistance with your case.
Legal counsel can walk you through dealing with insurance, gathering any extra necessary information, and dealing with any other people involved in the accident. A lawyer can even consult outside experts and collect and document other opinions that could be vital to your case.
4. Protect Evidence
Gathering information is essential, and so is keeping it safe once you have it. Your bicycle, clothing, helmet, protective gear, medical records, witness records, and police reports must all be guarded to ensure it is in the same condition and ready for use in legal proceedings if necessary. After consulting legal counsel, you should have a good grasp of what you need and how to keep it safe.
These are four typical steps in a bicycle accident case, but cases may vary in order or execution of the steps. Seek a lawyer to aid you in your case so that you can have support while seeking maximum compensation.
Truck Accident Lawyer Houston, TX
A good truck accident lawyer should be dedicated to helping families that have lost a loved one due to a truck driver or negligent behavior of a trucking company. It can be difficult to file a wrongful death claim, but skilled lawyers on your side can help.
Motor vehicle crashes can be very complex. They usually involve more than one vehicle and it is very possible for elements to influence the occurrence of a crash hours, days, or months before it happens. Crash experts don’t always conclude that crashes are the result of a single factor.
Factors that commonly lead to truck accidents include driver training and experience, vehicle design and manufacture, highway condition and traffic signaling, and weather conditions.
Motor vehicle crashes are commonly caused by fatigue, drinking alcohol, and speeding. The presence of these three factors, as well as other driver, vehicle, and environmental factors, can increase the risk of a crash that leads to serious injury, loss of life, and damage to property.
Critical events that commonly result in a crash. A critical event is something that happens when a truck is traveling and leads to a truck being involved in a crash. The driver may or may not be responsible for these events occurring.
- Running out of the travel lane, either into another lane or off the road.
- Vehicle loss of control due to traveling too fast for conditions, cargo shift, vehicle systems failure, poor road conditions, or other reasons.
- Colliding with the rear end of another vehicle in the truck’s travel lane.
When truck driver error results in a crash, it is usually due to one or more reasons:
- The driver fell asleep, was disabled by a heart attack or seizure, or was physically impaired.
- The driver was distracted by something inside or outside the vehicle and failed to observe the situation adequately.
- The driver was driving too fast for the conditions, or followed other vehicles too closely.
- The driver panicked, overcompensated, or exercised poor directional control.
Factors commonly associated with truck accidents
- Brake problems
- Traffic flow interruption (congestion, previous crash)
- Prescription drug use
- Traveling too fast for conditions
- Unfamiliarity with roadway
- Roadway problems
- Required to stop before crash (traffic control device, crosswalk)
- Over-the-counter drug use
- Fatigue
For an experienced truck accident lawyer Houston, TX families recommend John K. Zaid & Associates. Contact John K. Zaid & Associates for a free and confidential consultation.
Who is the best car accident lawyer in Houston, TX?
If you’ve recently been in a car accident, you may be trying to decide if hiring a lawyer is right for you. If you do determine that a lawyer is necessary; one might ask “who is the best car accident lawyer in Houston, TX?” If you’re considering representing yourself, continue reading for information that may help you make a more informed decision before settling on a plan of action following the accident.
Here are five ways hiring a car accident lawyer can help you:
- Assessing the Value of Your Case
Damages to your vehicle and any personal injuries, pain and suffering, and lost income will all influence the total compensation you could receive. A lawyer who has experience in car accident cases will use these factors to determine an appropriate amount.
- Answering Your Questions
Accident cases can involve a lot of different steps, qualifications, and variables. Your lawyer can explain timelines, necessary paperwork, and regulations. You will also have the opportunity to ask questions about any part of the proceedings, process, and laws.
- Gathering Evidence
Proving that the other party was responsible for the accident is the first step to receiving any compensation. A lawyer has contacts and resources, such as private investigators and expert witnesses, who can help gather the proof you need to establish your case.
- Handling Communications and Negotiations
Communications with an insurance company or the other party’s lawyer can be filled with specific legal terms and technical jargon. This practice can make the whole process of trying to settle your case more stressful and difficult. Your lawyer can be an effective advocate on your behalf, handling the bulk of these communications while keeping you updated on everything you need to know.
Negotiation is often a part of accident cases, and a successful negotiation can sometimes lead to a much quicker resolution. A lawyer who is familiar and comfortable with fighting for a fair settlement can make a big difference in the outcome of your case.
- Managing the Process
Court dates, filing deadlines, scheduling meetings, and tracking correspondence are just the tip of the iceberg when handling a car accident case. Just trying to keep track of dates and ensure all the paperwork is submitted correctly can be overwhelming. But when you have a lawyer, they and their team can help to ensure that the process goes as smoothly and successfully as possible.
These are just a few of the many benefits you can receive working with an experienced car accident lawyer. Contact a lawyer near you for more information on how they can help you with the specifics of your case.
Who is the best car accident lawyer in Houston, TX?
To answer your question, it will heavily depend on finding a lawyer that understands your rights after a car accident and it is going to figure out how much your claim is worth. Even though it is difficult to determine the value of your claim, it is not wise to proceed alone. When you are accompanied by a car accident lawyer from Zaid Law, you will not be alone; our wealth of experience in representing clients involved in car accidents will help bring you a sense of comfort and be confident in taking legal action.
According to the National Highway Traffic Safety Administration, rear-end collisions are the number one type of car accidents in the U.S. that involve two or more vehicles. Whether they occur on a busy interstate highway or a rural back road, these all-too-common accidents can still lead to serious injuries. So, what should you do if you are involved in a rear-end collision?
Sometimes fault may be simpler to determine in rear-end accidents than in other types of crashes, though, you should use your phone to document everything you can at the scene if you are not seriously injured. Insurance companies often push back on claims or dispute the seriousness of a person’s injuries. This is because it is often difficult to quickly assess the severity of common rear-end accident injuries, including whiplash, back and spinal cord injuries, and traumatic brain injuries. These types of injuries can often take weeks or months of physical therapy to heal or determine if surgery is needed.
If you have been injured in a crash, it’s critical to see a doctor as soon as possible. Immediately following the crash, adrenaline may be racing and masking pain or discomfort from an injury. Even if pain does not occur for a few days, you should still see a doctor. Many people with neck or back discomfort put off this step, hoping the pain will go away on its own. Unfortunately, the injury can sometimes worsen. With soft tissue injuries, it can be necessary to see a specialist, not just visit the emergency room. Patients often need complex imaging from professionals with a thorough understanding of the neck and back to properly diagnose and treat the injury.
Aside from the medical necessity of seeking treatment, it will also increase the likelihood of a successful claim. Insurance companies look for delays in treatment, trying to argue that the injury was not really serious, that the person had a pre-existing condition, or that they were somehow injured after the crash. Having medical records from a specialist will help demonstrate the extent of the injuries and their cause.
Finally, if you have been injured in a rear-end collision, it may be necessary to hire an attorney who can help you get compensation for your damages whether they include loss of pay due to being unable to work, out-of-pocket medical expenses not covered by your insurance, or pain and suffering you may have experienced.
Accidents can happen when you least expect it, and when they do, your life may never be the same. No matter how cautious or careful you may be, you can become an accident victim. Car accidents, pedestrian accidents, product defects, and occupational accidents are a few of the most common types of personal injury accidents. Talking to a personal injury lawyer can help you find out what damages you may be eligible for. Below are some types of damages that accident victims often are able to recover.
Medical Expenses
The expenses for an accident injury can amount to hundreds or even thousands of dollars if the injury is serious. This can be a heavy burden for many victims. Most victims who have suffered moderate to severe injuries after an accident include medical costs in their list of damages. Have a lawyer calculate your medical bills so that nothing is left out when you submit your claim.
Pain and Suffering
In legal terminology, pain and suffering are damages that refer to the physical and emotional distress that a victim goes through following an accident. It can mean things like aching pain, discomfort, physical scars, and inconvenience caused by the injuries. This category of damages covers a range of various conditions.
Property Damage
If you have suffered property damage or a total loss such as a car, you may be able to recover compensation. Many accident victims also experience thousands of dollars in property damage. Figuring out the accurate cost is not always easy, so have a lawyer do it for you. You can explain to your lawyer about the property that has been damaged and they will calculate the full amount owed to you.
A skilled lawyer can calculate your economic and non-economic damages for you. The process can take a long time and without sufficient legal experience and knowledge, attempting to complete the task alone can result in critical mistakes.
You could be entitled to damages that you may not be aware of. The only way to be sure is to reach out to a skilled personal injury lawyer so they can inform you. Allow them to do the work necessary so that you can obtain compensation you deserve. Explore your full legal options so that you can make the best decision and strengthen your chances of getting a fair settlement. Contact a top personal injury lawyer now.
Houston, TX Wrongful Death Lawyer
When a loved one unexpectedly dies, those who knew that person experience great sadness. If there’s a guilty party to blame, taking that person or entity to court is often the most reasonable path forward. You never want to go to trial without the right lawyer in your corner. Here are some characteristics you should look for in an attorney.
A wrongful death is one that was avoidable but for the actions of another person, whether it was negligence, assault, or an unjust act. Every wrongful death lawyer in Houston, Texas from our firm will fight for the rights of family members who have suffered through the immeasurable grief and hardship of the loss of a loved one.
Experience
One of the primary characteristics you need in a legal representative is experience. Most attorneys have specific fields in which they work, and wrongful death is one of them. Your odds of triumphing at trial are much greater if the person arguing on your behalf has a history of handling these sorts of cases. You’re likely to pay less for someone new to the profession. Consequently, you’ll also have a much lower likelihood of securing a win.
Reputation
Along with an attorney’s work history comes notoriety. Some are known as being tough and effective, while others are considered inattentive and inept. The one you choose should be the former. Start with recommendations from others who’ve been in similar circumstances. These people will inform you whether they believe someone is capable of getting the job done. Check potential legal advisers further by scanning their websites and seeing what endorsements they’ve earned. Google them, read customer review sites and get a sense of whether recent clients have left satisfied.
Responsibility
Every professional must respond to customers quickly and thoroughly. When searching for someone to work on your behalf, make a list of how long it takes before each attorney responds. Undoubtedly, you have questions regarding your case. Issue a handful of queries and pay attention to whether every matter that’s concerning you is answered. The results will help determine which attorney makes the most appropriate fit.
Compassion
In your time of grief, the last thing you want is a lawyer who views you as simply an opportunity to cash in. Find someone with a strong sensitivity toward your emotional situation. Feelings may still be raw, and there might be the sense that a particular attorney doesn’t recognize this reality. Keep searching until you find one that you’re comfortable crying in front of while talking about this matter.\
You only get one opportunity to take someone to court. Finding an effective and agreeable lawyer to litigate your wrongful death suit is therefore vital. Search for one with the above qualities to fight for your interests.
Contacting a Wrongful Death Lawyer
We provide a compassionate and patient ear during a no-cost consultation to discuss your case. Call John K. Zaid & Associates today for a free consultation with a wrongful death lawyer Houston, TX families trust.
Everyone goes through especially difficult mental struggles at some point in their life. However, when it gets to the point where your struggles are becoming too overbearing for you to resolve them alone, it could be a sign that you should seek help. A trained and experienced therapist who specializes in depression therapy, like one from Lotus Wellness Center can evaluate you and go over methods and solutions to help you seize control of your life again. If the following statements apply to you, see if attending depression therapy sessions would be beneficial.
You feel socially isolated
As we get older, we may find our social circle becomes smaller. While this is natural, if you feel like you have gone through a significant change in your social life or feel much more isolated, then seeing a therapist may help. Being completely cut off from family and close friends can have a strong detrimental effect on your mental health. Not having a reliable support system can make it more difficult to overcome the struggles you are facing.
You lost interest in your favorite activities
Spending time doing your favorite hobbies or recreational activities can make you feel happy and fulfilled. If you suddenly find yourself losing interest in things that previously gave you joy, it could signal that there is a deeper issue that needs to be addressed. Talking to a certified depression therapist can help you to better understand what is affecting you and the reason for your shifting interests.
Your issues are affecting your work
Maintaining a healthy work-life balance is a challenge for many people. When personal struggles begin to affect productivity at work, it can be a red flag. It can also put your financial stability at risk, which can result in long-term consequences. People struggling with depression may find it harder to complete their tasks. If you believe that your depression is affecting you at work, you may benefit from scheduling a session with an experienced therapist.
You don’t have a sense of purpose
A sudden loss of purpose or calling can have a tremendous impact on our mental health. Many people want to feel a sense of fulfillment or be engaged with rewarding work. When people find that their passion or feeling of belonging is suddenly extinguished, it may be a sign that their mental health is affected.
You do not have to struggle through your mental issues alone. If you are struggling with depression and want to talk to a licensed therapist who is familiar with depression therapy, schedule an appointment now.
Rideshare companies like Uber have made it much easier to get around. However, as an Uber accident lawyer, like one from Therman Law Offices, LTD, can explain, Uber drivers have contributed to many accidents. Here are some common causes of these types of accidents:
Driver Fatigue
The more riders Uber drivers pick up, the more money they make. As such, some drivers spend long hours on the road trying to make a decent living. Unfortunately, driving long hours can lead to fatigue. When Uber drivers are running on little sleep, they may lose focus of the road ahead, increasing the risk of an accident.
Speeding
Some Uber drivers may drive above the speed limit to get their passengers to their destinations quickly. They can also pick up their next passenger faster and make more money. However, speeding can lower an Uber driver’s reaction time and put everyone on the road in danger.
Distracted Driving
Distracted driving causes a large number of Uber accidents. Uber drivers often have to scan for passengers and look at their GPS in unfamiliar areas. They may also look and respond to text messages, eat, drink and talk to passengers. These distractions, though, force Uber drivers to divert their eyes and attention off the road ahead. When they are focusing on something else, they might not have enough time to react to the vehicle in front stopping suddenly or other hazards on the road.
Drunk Driving
The dangers of drunk driving are well-known. However, that does not stop some drivers, including Uber drivers, from operating a vehicle under the influence. Alcohol can impair an Uber driver’s judgment and make it more difficult to react to situations quickly.
Failure to Maintain Vehicles
It is every Uber driver’s responsibility to properly maintain their vehicles. They are expected to schedule regular inspections and get repairs when necessary. However, not all Uber drivers do this. They may skimp on maintenance to save costs or because they do not make it a priority. Unfortunately, lack of maintenance can increase the risk of accidents. For example, if a driver fails to get faulty brakes repaired, they could lose control of their vehicle.
If you have been injured in an Uber accident, you may want to schedule a consultation with an Uber accident lawyer to discuss your case in detail.
Medical malpractice lawsuits are particularly difficult because there is a big element of trust that has been broken in the doctor-patient relationship. People believe that when they go to the doctor they are doing something good for their health. It is alarming to realize that sometimes, medical professionals can be wrong or do something that harms you. If this ever happens to you or a loved one, you need to contact a medical malpractice lawyer, like one from Hall-Justice Law Firm, right away. There is a statute of limitations for filing in place in every state, so you need to make sure you do not miss the deadline.
Someone Needs to Investigate the Medical Professional
If you were injured and believe it was because your doctor was negligent in one way or another, he or she needs to be investigated. By hiring a lawyer, you are enlisting the help of someone who has been through this time and time again. An experienced medical malpractice lawyer will know who to talk to in order to investigate the situation and see what went wrong.
By investigating the person who potentially hurt you, you can prevent others from meeting the same fate as you. If a doctor is negligent or treats you the wrong way, he or she may do the same with other patients. There should absolutely be an investigation to make sure other people do not get injured the way you did.
The Doctor Could Lose Their License
Every medical professional needs a license to practice. If a doctor does something that is not within the realm of normal care, he or she can lose their license for that. Someone who does not have good sense or bedside practices should not be in the medical field, so it is important to hold these people to a high standard of care.
The Patient Needs to Be Compensated for Their Injuries
If someone is injured or if their illness goes undetected because of a doctor’s negligence, the medical professional needs to be held accountable and the patient needs to be compensated. An experienced medical malpractice lawyer will know how to prove that negligence occurred and how to calculate damages for this. Your lawyer may hire a team of expert witnesses to testify that what your doctor did was, in fact, negligent practice. This is a great way to offer additional proof in court.
Calculating damages for medical malpractice can be difficult, but an experienced lawyer will know how to do so. You deserve to have all of the medical costs associated with the malpractice taken care of, as well as any additional suffering you have had to endure because of it. This may be lost wages if you had to miss work or can no longer do the tasks your job requires. It could also be emotional pain and suffering you went through because of the malpractice. Your doctor should pay for what he or she did to you and needs to be held accountable. Contact a lawyer right away to begin gathering evidence and ensure you meet the statute of limitations for filing.
Personal Injury Lawyer
There are over a dozen types of personal injury cases. Some of them are seen once in a while while others are seen almost daily. The biggest difference is knowing when an injury is your fault rather than someone else’s. If the injury is your fault then you don’t have a claim against anyone but yourself. However, if you were injured due to someone else’s negligence or intentional act then you could have a claim.
Let’s look at some of the most common types of personal injury cases.
Auto Accident Cases
Out of all the injuries on this list, auto accidents are the biggest claim done in the United States. An accident normally happens when someone isn’t following the rules of the road or isn’t driving as carefully as they should be. A careless driver is normally held financially responsible for the injuries stemming from the accident. There are exceptions to the rule and that is why a lawyer is in your best interest. They have the experience to know the law and the best way to help you through your claim.
Slip and Fall Cases
Another main type of personal injury case is the slip and fall claims. Property owners have a legal duty to keep their premises reasonably safe and free of hazards so no one gets injured. Depending on where you are, will depend on the liability of who caused the accident. There are some jobs where slips and falls cannot be prevented and some locations where there are wet surfaces to slip on constantly.
Medical Malpractice
Medical malpractice cases are often challenging. It is when a doctor, nurse, or other health care professional provides a treatment that falls below the medical standard of care and someone is injured as a result. This includes getting a wrong diagnosis and having another doctor properly diagnose but the disease is too far along to be cured or other serious injures have happened. A wrong diagnosis isn’t enough for a medical malpractice case, as anyone can be wrong. It is the continued treatment for the wrong diagnosis that leads to malpractice.
Dog Bites
In most cases, the owners of the dog are financially responsible for bites and other injures caused by the dog. There are states that have different laws and a lawyer is going to be well versed in these laws. Dog bites can leave not only physical scars but mental ones as well. Children are far more likely to be bitten as well, and it can be traumatizing.
A personal injury lawyer in Tampa, FL is going to be well versed in personal injury law. This means that you can trust those at Jeff Murphy Law to help you through your case and get the compensation you deserve.
You may be wondering if you can sue someone for a dog biting you. The answer is yes however this is not a straightforward answer because in Texas they have the one bite rule in relation to dogs. The one bite rule is that the owner is not liable for the very first bite. A dog owner cannot be liable for an attack because of the dog’s lack of a history of prior attacks, according to Texas law, and so the one bite rule came into practice.
Dog bites are specifically on the rise across the nation, but more specifically in Texas. According to the CDC, approximately 5 million dog bites every year and of those injuries, at least 800,000 of people bitten need medical care. Over 300,000 go to the emergency room every year as estimated by the Center for Disease Control over a dog bite.
The dog bite issue is a lot bigger in Texas than people realize. Between 2005 and present-day there were 34 fatalities recorded as a result of dog attacks. The fact that 34 people died as a result of dog attacks is huge, and it actually outstripped other states. Another reason that it is disturbing is that most of the targets for dog attacks are children; 52% of all dog attacks involving children are three-year-olds and 68% are under the age of 12.
There are two ways to file a dog by claimant taxes. Strict liability and negligence are those two ways. A dog bite lawyer in Houston, TX is going to be able to answer any and all questions you have about strict liability versus negligence and why one or the other is going to be correct for your case. We got to a dog bite lawyer in Houston, TX, such as the ones available at Zaid Law Offices today.
To proceed on a negligence claim, the victim or plaintiff has to prove that the dog’s owner or the person that was caring for the dog was indeed negligent. You must also be able to prove that the owner’s negligence caused the plaintiff’s injuries. The owner being negligent may involve an improperly restrained dog, an untrained or poorly trained dog, or that the owner made very little effort to intervene during an attack.
Strict liability refers to the defendant and dog owner as being responsible for injuries caused by his or her job provided that the plaintiff and victim can prove the defendant owner was the animals owner and possessor and that the dog question has a history of dangerous propensities compared to other dogs. You must also be able to prove that the owner and defendant knew or had reason to know that the dog was dangerous and that the dangerous dog was the direct cause of the injuries.
When you are working with a dog bite lawyer in Houston, TX there are things to avoid when filing a claim. You want to avoid settling too early, as insurance companies want to settle early for less than you could be awarded in court or by settlement. You should ensure that you call the police and get information from bystanders at the scene, you should not speak to the insurance company without your lawyer present.
Car Accident Lawyer
Everyone experiences annoyance after being cut off or otherwise inconvenienced by overly aggressive drivers on the road. Still, controlling road rage is necessary to ensure your safety and that of other drivers explains a car accident lawyer from a law firm like Tuttle Law, P.A.. These are some practical tips for dealing with potential road rage.
1. Realize That It Is Never Personal
Most often, drivers’ rude behaviors are not due to malice toward you. Instead, common reasons for poor driving etiquette involve:
- Inattentiveness
- Distraction
- Poor visibility
- Mistakes
- Inexperience
Realizing that the offensive driver does not know you or have a reason to disrespect you will prevent you from taking a transgression personally and allow you to let it go quickly.
2. Turn To a Relaxation Technique
If you know that you are prone to becoming upset by thoughtless or rude drivers, take proactive measures to remain calm when you get behind the wheel. For example, master various techniques that bring your focus to your breath and away from the other driver. Filling your lungs with oxygen will also calm you down. Alternatively, you can play a relaxing song as you start to feel resentment for the other driver starting to well up inside you.
3. Ignore Provocation
Remember that you cannot control how the other driver reacts, but you can control how you react. There will be times when you are responsible for inconveniencing or disrespecting another driver, whether or not you realize it. When another driver becomes enraged with you on the road, the best thing is to indicate that you are sorry quickly and continue driving. If the other driver exhibits aggressive behavior, including yelling and making threats, it is best to continue on your way and not look in that person’s direction. It is never a good idea to respond to or engage with someone whose anger may be escalating because you do not know anything about that person that could influence a response.
4. Stay On Course
Remember that your primary goal is not to teach someone else about road manners; it is to arrive at your destination safely. Road rage can lead to various complications that you do not need. These include wasting money on costly tickets, losing your driver’s license, damaging your car, and severely injuring yourself or someone else. Road rage incidents can dramatically affect your life, and knowing how to handle them is essential for responsible driving.
If you or your family member sustained an injury due to another driver’s road rage, contact a car accident lawyer who can help you obtain the damages you deserve.
What should be a joyous occasion can easily turn into a tragic occasion in a matter of seconds. This is especially true when it comes to birth injuries. When a doctor’s treatment is below the accepted standard of practice in the medical community and the injury to your child after it is just born, your child may find its life forever changed.
After birth injury, your child’s life may be negatively impacted and permanently changed. Mental, physical, educational and work abilities have all been altered forever. Oftentimes, birth injuries and deaths can be and should have been prevented.
If your child’s birth injury was caused by the negligence of medical and staff involved, or by mistakes that were made during your delivery process, your family is probably entitled to compensation and a trained birth injury lawyer in Houston, TX such as the one available at Zaid Law is going to be able to help you receive that compensation.
The cost for caring for a child that has a birth injury are staggering, and you as a new parent are not going to be prepared. This is especially true because birth injuries are not indicated on ultrasounds and you are not in any way prepared for them. They happen in the moments that your child is being born. You as a parent must hold those responsible accountable for their actions, you owe it to your child to get the best quality of life that is possible for them, and monetary compensation can go a long way in ensuring that your child is properly taken care of.
If you have been negatively impacted by medical malpractice, at the birth of your own child reach out to a birth injury lawyer in Houston, TX. A good birth injury lawyer is going to work with a team of paralegals and lawyers who are going to review the circumstances which surround your case, they are going to work with experts, take the specific steps necessary to ensure that your legal rights are protected and help you get the assistance that you need.
But what is considered a birth injury? Children can suffer from a variety of birth injury secondly to short or long-term consequences. This is not an exhaustive list it is simply a list of the most common types of birth injuries that a child may face:
- Cerebral palsy
- Infant brain damage
- Erb’s palsy
- Asphyxia
- Infection
- Learning Disabilities
- Speech-language disorders
- Klumpke’s palsy
- Broken bones
- Brachial plexus injuries
- Shoulder dystocia
- Birth trauma
- Skull fracture/head trauma
- Behavioral problems
- Microcephaly
- Temporary or permanent paralysis
- Hypoxia or HIE
- Facial nerve palsy
- Wrongful death
- Permanent Disability
- Periventricular Leukomalacia (PVL)
- Motor Impairments
- Vision and hearing impairments
- Seizure disorder
- Spinal cord injuries
- Epilepsy
Doctors, nurses, midwives and healthcare facilities can all contribute to the birth trauma with their negligent actions, mistakes, errors or their lack of action. People who are providing healthcare to you during the birth of your child must respond quickly in a crisis in any hesitation or mistakes when faced with unexpected bleeding, umbilical cord entrapment, or signs of other fetal distress can cause a devastating birth injury or even wrongful death. And sometimes birth injuries are caused by equipment that malfunctions or was he used improperly, or improper medication being prescribed for the mother.
Working with a birth injury lawyer in Houston TX is going to help you figure out what caused your birth injury.
An auto accident lawyer in Houston, TX such as the ones at Zaid Law, can help you put your life back together after you’ve been in an auto accident. Over 36,000 people die in car accidents each day across the United States, and in 2019 there were 439,380 auto accidents in Texas which resulted in around 2000 deaths, 10,000 serious injuries and around 50,000 known non-incapacitating injuries that were reported to the Texas Department of Transportation. Around 70,000 of all those traffic accidents occurred in the Houston city limits.
All car accidents are the same, they are going to vary depending upon the vehicle you are operating, the vehicle the other driver is operating, the insurance coverage available, the driver’s mental state and/or degree of intoxication as well as your own are all going to be taken into account.
In the same exact manner that not all car accidents are going to be the same, and all lawyers that you can hire for car accidents and injuries are the same either. Lawyers differ in the amount of experience they have, how long they have worked in the car accident injury field, and they differ in technique.
Within the legal field surrounding car accidents and accidents upon the roadway, there are multiple types of accidents that a lawyer may choose to focus upon. This is not an exhaustive list, but this is a list of some of the areas of legal expertise that your auto accident lawyer in Houston, TX may focus on:
- Pedestrian Accidents
- Bicycle Accidents
- Dram Shop Accidents
- Motorcycle Collisions
- Uber/Lyft or Rideshare Accidents
- Uninsured/Underinsured Motorist Claims
When you are in a car accident, you may be in one of many types of car wrecks. It can be extremely helpful for you to understand the different types of car wrecks and understand the type of accident that has injured you or your loved one. If you require assistance in doing this euro accident lawyer in Houston, TX is going to be able to provide that assistance.
Head-on collisions are when usually negligence plays a role in head-on collisions. These types of collisions are among the most devastating. Highway construction accidents are common, and most construction companies have a responsibility to not cause accidents. Other drivers should drive more carefully in highway construction areas. Intersection accidents are accidents that happen intersections and are usually caused because someone made a driving error, which could be attributed to negligence. Accidents on the interstate can be more stairs due to the speeds at which the cars are traveling on the roadway. Rear end accidents are among the most common types of accidents they frequently cause with blackened their back or chest related injuries. And last but not least we have side-impact accidents which are also common and usually occur intersections, and can cause a variety of injuries which depend on where the car was hit and how you were in the car.
There are a variety of damages that may be awarded in a personal injury lawsuit, and while most are meant to compensate the plaintiff for damages they have suffered as a result of their injury there can be extra damages that are awarded when the defendant’s behavior is determined to be especially negligent. Oftentimes these awards are called punitive or exemplary damages.
But what are punitive or exemplary damages? These are damages that are going to exceed simple compensation for the client and are awarded to punish the defendant. Whether punitive damages apply to your personal injury claim will depend on several factors and you can talk to your personal injury lawyer in Houston, TX such as the ones available at Zaid Law Offices to find out if punitive damages will be awarded in your claim.
The main difference between punitive damages and compensatory damages is that compensatory damages which are also cut actual damages are the center of every personal injury claim and likely do not change between claims. Essentially actual damages are awarded to plaintiffs to compensate for damages, injuries and other losses that you have received as a result of negligence of another party during an accident or something else that is led to injuries.
Compensatory damages can include nearly anything, and personal injury cases these are often seen as medical bills, lost wages, reduced earning capacity, pain-and-suffering, and mental distress. The general idea is to collect any damages necessary to make the plaintiff whole even if these damages do not necessarily have a predetermined dollar amount tied to them.
On the other hand, punitive damages are not meant to give the plaintiff back something that was lost, instead they are to punish the defendant for their conduct as well as the terse American duck from other people. This is an example to society that the behavior of the defendant will not be tolerated and is used to create an example of someone.
Punitive damages are awarded when the defendant causes an accident , especially in a reckless or negligent way, however there are going to be legal criteria that must be met before the plaintiff can receive these damages. The plaintiff has to first demonstrate that the actual damages occurred, has been above they would do this through medical bills, pain-and-suffering or lost wages. If there are no actual damages awarded then punitive damages cannot occur. The plaintiff must also demonstrate that the defendant acted with gross negligence such as hating or conducting themselves in a way that a reasonable person in the same situation will not of known or involved in same degree of risk, and that the defendant knew the rest acted with disregard to their own safety as well as others.
An example of punitive damages in a very common case is drunk driving accidents. When a drunk driving accident occurs the plaintiff can argue that a regional person is going to understand the extreme degree of risk driving drunk involves and that the drunk driver got behind the will despite being aware of those risks.
Personal Accident Attorney
It’s understandable if you have a lot of questions after being injured in an accident. When you contact a personal injury attorney, you can typically find the answers to those questions. The following are a few to get you started.
1. Are There Other Charges in Addition to Contingency Fees?
Most personal injury attorneys work on a contingency fee basis, but there are often other charges that you would need to pay regardless of the outcome. These are known as out-of-pocket costs, and you would be required to pay them either as they arise or when the case is settled, as an attorney such as a personal injury attorney from a law firm like Yearin Law Office, can explain. If you receive no money in the settlement, you would have to find another way to pay for these expenses.
2. Do All Personal Injury Cases Go to Trial?
Not every personal injury case has to go to trial. Some are easier than others, and some defendants are easier to work with than others. Your attorney will probably prepare as if you were going to trial, simply to be ready in the event, but that doesn’t mean you will for sure go to trial.
3. How Involved Is the Plaintiff?
In some personal injury cases, the attorney allows the plaintiff to be very involved. You might be allowed and even encouraged to attend depositions and other similar meetings. Other attorneys don’t want their clients to attend these meetings. They would rather you just received the medical care you need while they work on the particulars of the case. Understanding your role will help you prepare.
4. Who Pays the Filing Fee?
You are responsible for paying the filing fee if you are bringing a case against another party. If you are the party being sued, the other party -the plaintiff- would be the individual who pays the filing fee. Sometimes an attorney handles the filing itself, and other times the attorney allows the plaintiff to do it.
5. How Long Do Cases Last?
If your personal injury case includes a series of complicated events, your case could go on for two or three years or more. If your case is mostly straightforward, you could settle in a year or less. After your attorney has a chance to look over the details of your case, he or she can estimate how long it will take, but you always need to realize that complications could arise that would extend the case.
Getting Your Personal Injury Case Started
Your medical bills could end up costing quite a bit, so it’s best to get your personal injury case started as soon as possible. Contact a personal injury attorney today.
Receiving any type of burn can leave you requiring multiple types of surgeries. The types of surgery, if you require surgery at all, will depend on the severity of the burn. When you have been a victim of an injury, it’s important to be prepared. Burns are emotionally trying and painful injuries, and now unfortunately a very common injury. A brain can happen from heat exposure, exposure to chemicals, electrocution, or even time spent under the sun.
If you find yourself injured, you should speak with a burn injury lawyer Houston, TX such as the ones available at Zaid Law. Burns on various causes that may occur as a result fires, explosions, exposure to hazardous chemicals, electricity, car accidents and work accidents. As far as statistics are concerned, these are one of the leading causes of injury and death in the United States, with around 4000 civilian deaths and fires most years. According to the American burn Association, most injuries are caused by fire open flames, scald, contact with hot objects, electricity and chemicals.
As require treatment at a burn center, if they are beyond first-degree burns. Typically first-degree burns do not require any professional medical intervention for second 3rd° burns will require treatment or even hospitalization. It’s important to have burn injuries evaluated by the burn center, if they cover more than 10% of the body, affect the hands, face, genitalia or major joints. If the burns were caused by electricity or chemicals or occur in children, the elderly are at risk patients with existing medical conditions such as heart disease, then they need to be checked by the burn center as well, disregarding whether the burn is first-degree or not.
The hospital stays for burns on average one day per percent of the body burned, those civic treatments they would depend on the severity of the burning and a number of other factors.
When you are burned due to someone’s neglect, a burn injury lawyer in Houston, TX is going to be able to inform you of who was at fault, who to sue, how to sue, and more. Your burn injury lawyer is going to be able to talk you through whether you receive the proper care with your doctor at the hospital, or if more could have been done.
Whether your burn is going to scar will depend on the severity of the burn itself as well as a treatment that is used to handle scarring and disfigurement. Skin grafting is one technique that can help to figure mastery series burn, however if skin grafting is done wrong, it can require multiple surgeries to correct. If you find yourself with a burn injury, and then you are not receiving the treatment that you deserve: the hospital, a burn injury lawyer in Houston, TX is going to be able to look at your medical records and determine the kind of treatment you should have received. They will be able to find experts who can vouch that you should’ve received different treatment in a different manner due to the variables given.
Getting Justice in a Wrongful Death Case
Wrongful death lawsuits are some of the most difficult to go through, as you are simultaneously grieving the loss of a loved one. It is always so important to hire a wrongful death attorney, like one from David & Philpot, P.L., to have your best interest at heart throughout the entire process. He or she will help take care of the details of your case while you can focus on grieving and finding a way to properly honor your loved one.
What is an example of a wrongful death case?
There are many different things that would be classified as wrongful death cases, but simply put, any death that was caused due to the negligence of someone else can constitute a wrongful death case. Some of the most common examples include:
- Drunk driving accidents
- Workplace accidents, particularly at a construction site or place that uses heavy and dangerous machinery
- Medical malpractice cases that end in the patient passing away
- Accidents with pedestrians
- Premises liability accidents
- Bicycle accidents
There are too many types of wrongful death cases to count, and your attorney will be able to tell you in a consultation whether or not it seems that you have a case worth pursuing.
Why is it important to contact an attorney?
An attorney who practices wrongful death law will know the ins and outs of the laws in your state. He or she will know how cases have been won in the past, and what a judge may look for in a wrongful death case. Your attorney will also be able to advise you on whether or not a settlement that may be offered is fair or not and if you should continue to pursue a lawsuit against the negligent party. Finally, an attorney will be able to take care of all the necessary paperwork and even hire investigators and expert witnesses, if necessary. Your attorney will do all of the hard work so that you do not have to keep revisiting this difficult accident scene yourself.
How can you get justice for a loved one who was killed due to someone else’s negligence?
It is important to never let a wrongful death case meet its statute of limitations or let it slip away from being pursued. Not only do you need to get justice for your loved one by getting compensation for what the death cost you financially, but you deserve compensation for the pain and suffering that this unnecessary death caused you. It is also important to make sure that this kind of thing does not happen to another person. By acting in a wrongful death case, you are holding the negligent party responsible for their actions and hopefully preventing this type of thing from ever happening to another person.
Contact a Wrongful Death Attorney Today
Do not hesitate. You need to contact a wrongful death attorney as soon as you are able to, as there are a statute of limitations that will make it impossible to file if you are too late in acting. It may feel difficult to get started, but a good attorney will be compassionate and kind to you about your case and able to handle it as you feel ready. Contact a law firm that specializes in wrongful death law today.
When many people think about needing to get a restraining order, they may first think of celebrities. Gossip blogs and magazines talk about how some celebrities have needed to get a restraining order when a fan has started stalking them. However, restraining orders are not just for celebrities and there may be different reasons that you might need to get a restraining order. If someone has been stalking you or a spouse or partner has been abusive toward you, you should not hesitate to get a restraining order. This can protect you and your family in the future.
What is the point of a restraining order?
A restraining order is a legal court order of protection that requires one party to stop doing a certain thing. For example, if an ex continues to come by your house or drive by your house and they are leaving threatening notes or texts, you can speak with a lawyer, like a restraining order petition lawyer from a law firm like May Law, LLP to see how they can help. They may encourage you to get a restraining order so that your ex cannot come within a certain amount of feet from you or your house.
How long do restraining orders last?
When it comes to restraining orders, you will be choosing between a few different options.
- An Emergency Protective Order. If the court is closed and you still need a protective order quickly, the magistrate can issue this protective order that will last roughly 72 hours.
- A Temporary Protective Order. Also known as a preliminary protective order. You will need to work with your local court to file a petition for this protective order. In certain areas, it can last up to 15 days.
- A Full Protective Order. A full protective order, also known as a permanent protective order, can last for a few years.
What if the other party violates the restraining order?
If the other party chooses to violate the restraining order, you should speak with your lawyer immediately. Your lawyer can help you make a motion in court to make sure that the other party is issued some kind of penalty for violating the order.
It is paramount that you do whatever you need to in order to protect yourself and your family. A restraining order can be a good first step in getting you out of danger. If you would like to learn more about filing a restraining order, reach out to your local law office today.
Car Accident Lawyer
After a serious injury that was not your fault, you have to deal with the pain and the financial burden. Proving what caused the injuries and how they happened is an added burden. However, as a car accident lawyer from a a firm like Greenspan & Greenspan P.C. can explain, you will need physical evidence to present in court and when dealing with insurance companies. Photographic evidence is the best tool you can use in a personal injury claim.
How to Gather Evidence
The first thing to do after a serious injury accident is to get medical care, even if you don’t feel like you were seriously hurt. In some accidents, adrenaline is high and you might not feel as much pain as you would normally. Other injuries might not show symptoms right away.
If you are able to, you should also take photos of the accident site as soon as possible. Accident scenes change as things get repaired or moved. Water dries and ice melts. The sooner you (or someone else) can take photos, the better.
It’s best to get photos from various angles. For example, in a slip-and-fall accident, showing the stairs or floor from different angles can better show just how hazardous the situation was. If possible, try to take videos as well. Even standard smartphone images and video clips are better than nothing.
Take photos of your injuries. You can’t expect to get photos at the hospital or clinic. Make sure to get as many images as possible of your bruising, burns, or puncture wounds. These photographs will bolster the medical reports by providing more evidence that your injuries caused significant pain and suffering.
Lastly, medical records are essential if you’re planning on making a case for compensation. Medical reports from a hospital or clinic will firmly establish the nature and severity of the injuries you suffered, whether it was a car accident or a bad fall at a business.
Reasons to Hire a Lawyer
A personal injury attorney can help prove your injuries were caused by the accident by taking a few steps. A law firm will:
- Obtain a copy of the police report
- Interview medical personnel who were on the scene
- Interview witnesses
- Photograph the accident scene
- Obtain and review electronic records and security camera footage
A law firm will also take over all communication with the other party (or parties) and their insurance company. Insurance companies always have legal counsel looking after their interests, which makes it a challenge to pursue compensation for pain, suffering, and medical bills.
Contact a Personal Injury Attorney Today
If you suffered serious injuries in an accident that wasn’t your fault, a personal injury lawyer can help you to protect your rights and pursue compensation.
When it comes to filing a legal claim, you may believe that having a lawyer on your side will make winning your claim a breeze. However, it is important to remember that there are differing degrees of difficulty when it comes to legal claims, and filing a medical malpractice claim is one of the toughest to win, even with the help of a great attorney. Not only can it be difficult to prove that a healthcare professional is responsible for your injuries after they cared for you, but hospitals often have much deeper pockets than the individual person and may be able to buy more help for their side of the claim.
Determining the Standard of Care
When you want to prove that a medical professional’s negligence caused you to become injured, you will need to first determine the standard of care. This may seem simple. If a doctor or other medical professional made a mistake, that would be obvious, right? Not necessarily. While it is true that doctors and medical professionals are held to a very high standard, it is important to also understand that they are given a great deal of leeway. This is because medical professionals typically work in fairly high-stress environments.
Are all mistakes negligence?
Not necessarily. As a lawyer, like a medical malpractice lawyer understands, medical professionals can make mistakes. They may misdiagnose a patient or provide them with incorrect information. However, if others medical professionals in the same circumstances would have done the same thing, then this may not be medical malpractice. Working with a lawyer is paramount when you are hoping to file a medical malpractice claim because they can tell you honestly whether you have a case and what you should do moving forward. A lawyer can help by:
- Establishing a patient-doctor relationship
- Gather your medical records and determine whether there were errors
- Get help from medical experts
- Determine what kinds of damages you may be able to win
- Negotiate on your behalf with insurance agents
Winning a medical malpractice claim will not be easy. However, with the right legal help, you may be able to get compensation for your injuries through various damages. If you are struggling after you have been injured by a medical professional, now is the time to step forward. Reach out to a local attorney to see whether you have a case and how you can move forward.
Medical Malpractice Lawyer
As with any other type of doctor, orthodontists are capable of making mistakes. As a medical malpractice lawyer can explain, when a mistake is serious enough to cause harm to the patient, it is considered medical malpractice. As such, the patient would likely qualify to file an injury claim against their orthodontist with the goal of recovering sufficient compensation to pay for medical care to reverse the mistake, and other damages. “Other” damages vary from case to case but may include pain and suffering.
An experienced medical malpractice lawyer will be able to review the details of their client’s case and determine not only what damages are compensable but also what each damage is worth from a financial perspective. This is important because once the claim is settled, even if the patient suffers additional damages at a later date (perhaps they need additional and unanticipated surgical procedures) they are not eligible to receive more compensation.
Orthodontists are Held to a Higher Standard
Though orthodontists are human and humans make mistakes, doctors are held to a higher standard. That is, they are expected to act competently when treating a patient and to not harm that patient due to negligence or carelessness. As a healthcare provider, orthodontists are specialists who focus on the prevention and correction of tooth alignment conditions and related concerns. If the orthodontist fails to meet the standard of competent care of their patient and it directly leads to an injury, the patient has the right to obtain compensation equal to the damage they suffered.
Meeting the Criteria for a Medical Malpractice Claim
Not every mistake made by an orthodontist is considered medical malpractice. When a lawyer reviews a potential client’s case, they will try to determine if the case has merit. If it does not, the defendant’s insurance company will deny the claim. If the lawyer attempts to pursue a lawsuit against the orthodontist but does not have a case that meets the basic criteria, the court will likely throw it out even before a jury is called upon to hear evidence.
For instance, if the patient had teeth that were severely out of alignment, the orthodontist may have explained from the start that there was a limit as to how perfectly he or she could realign the teeth. If, following the treatment the patient was dissatisfied with how their teeth looked, unless the orthodontist was grossly incompetent, is is unlikely they will be held responsible for medical malpractice.
As a general rule, in any given situation the question will be asked, “How would a similarly trained orthodontist have treated a patient who had a similar condition?” If the answer is that the average, competent orthodontist would have taken a drastically different approach, then the case may have merit.
Another consideration is the degree of harm done to the patient. For instance, if the patient experienced some minutes of discomfort, that is considered normal for many types of dental treatments. On the other hand, if the orthodontist destroyed one of the patient’s perfectly healthy teeth, it would more likely be considered medical malpractice.
An expert witness is defined as a specialist in a subject, often technical, who may present their expert opinion without having been a witness to any occurrence related to a lawsuit or criminal case.
If you have filed a lawsuit for a personal injury matter, your attorney will likely retain experts to substantiate your claims about the incident that caused your injuries or your current and future medical treatments and costs. Expert witnesses are instrumental to personal injury cases because their unbiased opinions and findings bring credibility to the plaintiff’s claims and strengthen cases overall.
In this blog, we will take a look at expert requirements in the state of Nevada pursuant to NRCP 16.1.
Expert Requirements in the State of Nevada Pursuant to NRCP 16.1 and Expert Depositions
Parties must disclose the identity of any expert witness they intend to present at the time of trial. NRCP 16.1(a)(2)(A). Such disclosure must be accompanied by an expert report that is prepared and signed by the witness. NRCP 16.1(a)(2)(B). The expert report must contain:
- A complete statement of the expert’s opinions and the basis/reason for those opinions;
- The facts or data considered by the expert witness when developing his or her opinion;
- The exhibits the expert will use to summarize or support the opinions;
- A listing of the witness’s qualifications, including all publications authored in the ten years prior to the disclosure;
- A list of all cases in the 4 years prior to the disclosure in which the expert testified as an expert in a trial or deposition; and
- The billing statements for the expert’s work on the file.
NRCP 16.1(a)(2)(B)(i)-(vi).
As for depositions, a party may depose the opposing party’s expert witness who has been disclosed as one who may be presented at trial only after the expert report is provided. NRCP 26(b)(4)(A). A party may not depose or serve interrogatories on an opposing party’s expert if that expert was only employed in anticipation of litigation or who is not expected to be called to testify at trial. NRCP 26(b)(4)(D). If a party wishes to depose the other party’s expert, the deposing party must pay the expert’s “reasonable and customary hourly or daily fee for the actual time consumed in the examination of that expert.” NRCP 30(h)(1)(A).
Draft expert reports and communications between counsel and experts are protected from disclosure, with the exception of communications related to: compensation for the expert’s work; the facts or data counsel provides the expert; or assumptions counsel provided the expert which the expert then relied upon to form his or her opinions. NRCP 26(b)(4)(B)(C).
The determination of whether an expert will be permitted to offer testimony at trial falls squarely within the district court’s discretion. It is a case-by-case analysis and will depend on the issues presented in the litigation, the particular facts in the case, and the party who is presenting the expert as a witness.
Thanks to Eglet Adams, personal injury lawyers, for their insight into expert requirements.
Wrongful Death Lawyer
In this blog, I want to discuss a specific scenario involving dangerous medications that are prescribed by a physician or nurse practitioner and the difficulties faced by patients who suffer injury after using such medications in the recommended dosage. Mishkind Kulwicki Law Co., L.P.A. can help you answer your medical malpractice questions, so feel free to reach out if this blog leaves you with questions.
First some background about the types of dangers associated with medications and how harm caused by the medications are resolved by the legal system. First, there are drugs that have unknown risks. Too often, drugs hit the market with premature FDA approval or become widely used before explicit approval for a particular use in what it called “off-label use.” Over time, adverse side effects associated with these drugs come to the surface, proving these drugs to be more dangerous than originally believed. In these cases, when patients who use these medications in a manner consistent with their doctor’s prescription (right dose, duration and frequency) and suffer serious injury or death, compensation for the harm suffered is generally a matter for a product liability lawsuit. These cases often result in multi-district litigation led by several large law firms on both sides of the dispute.
Occasionally, discovery in those cases reveals that the pharmaceutical company that manufactured the drug knew about the risks associated with the drug but hid those risks or under-reported them during the FDA approval process. In those instances, with the public and their physicians in the dark about the true dangers of the drugs they are using, the lawsuit is brought against the manufacturer, but punitive damages may be attainable in addition to regular compensatory damages.
In other cases, the risks of a particular drug are known and published. The dangers may be made known to the public, their doctors and pharmacists through a package insert (instructional information accompanying the medication and available online or in a variety of online sources), studies contained in medical journals and information distributed by pharmaceutical representatives (“drug reps”).
The known dangers associated with a particular medication may involve dangerous side effects and risks, or harmful interactions with other drugs or certain medical conditions (e.g., kidney failure or impaired liver function). Once these dangers are disclosed by the pharmaceutical companies, the responsibility shifts to doctors and nurse practitioners to use these medicines in a careful manner, including by using the proper dose, heeding contraindications to use and warning the patient about side effects and alternatives. If a doctor or nurse fails to properly advise his/her patient or prescribes a medication in a haphazard or dangerous way, they can be held liable for medical negligence or medical malpractice (these terms are used interchangeably).
In addition to holding the prescribing doctor or CNP liable, in some instances, the pharmacy or hospital where the prescription was filled may be held liable for failing to alert a consumer about dangerous drug interactions.
Being in any kind of auto accident is dangerous, and can result in serious physical injury and substantial property damage. But if you consider how heavy a commercial truck weighs, it is no wonder that they cause some of the most tragic collisions. Not only is the level of danger raised when in the presence of a large truck, but if an accident does happen it is most often the other driver who gets hurt the most.
Truck crashes are more complicated than your typical accident, as there could be a few at-fault parties that caused the incident to happen. For example, the truck driver may have been operating the vehicle unsafely, the trucking company may have been pushing the driver to skip rest to meet deadlines, the crew may have overloaded the truck, and proper maintenance may not have been done for quite some time.
The most common reasons that trucking accidents occur are listed here:
Malfunctioning Brakes
Many commercial trucks have air brakes, which means they are designed to halt a loaded truck within a hundred feet when going at a rate of 35-40 miles per hour. However, if a failure or malfunction in the air brakes happens, these hefty trucks can turn into a deadly force. The truck driver may have pumped the brakes instead of slamming, which is recommended, but malfunctions can still happen.
Blind Spots
Trucks have a vast “no zone” area which can cause a crash to ensue. There are often warning stickers on the truck’s rear that says the driver cannot see you if you cannot see their side mirror. These blind spots are the middle areas on both the left and right sides, in addition to any cars following too close behind.
Truck Rollovers
A truck driver that loses control of the truck slides sideways, and comes into contact with an object can cause a rollover. A guardrail, uneven street pavement, a car, or a curb could result in tipping over. If the truck driver turned too sharply at a corner, they may roll over and another car can get stuck underneath. Truck rollovers have a high fatality rate, and any other cars nearby may not survive the impact. If any victims do survive, the chances of them walking away unscathed are slim.
Truck accidents can lead to tragedy on the roadway, leaving victims and their families to deal with immense pain, struggle, and financial difficulty. Those who need assistance while in the midst of a serious truck accident are encouraged to call a lawyer, like a Trucking Accident Lawyer from Indianapolis, IN at Ward & Ward Law Firm, as urgently as they can.
Brain Injury Lawyer
When someone else’s negligence causes your injury, you need to consider whether the injury was severe enough to file a claim for compensation.
Those who have experienced minor injuries may only face minimal recovery time. However, when someone else’s negligence causes an injury like a traumatic brain injury (TBI) and you begin to suffer from depression, you may be entitled to financial compensation, as a brain injury lawyer in Houston, TX from a law firm like John K. Zaid & Associates, can explain.
Depression is not obvious like the loss of a limb or lost wages, and you may be wondering how you can file a claim for damages. Fortunately, an experienced brain injury lawyer can help you get the money you deserve so you can move on from your injury and begin to live fully again.
Determining Depression After a TBI
When someone else’s negligence causes you to suffer from a TBI, you should pursue compensation for your injuries. This might seem obvious for more physical symptoms, but you should keep in mind that you can pursue compensation for depression, as well. To determine whether or not you are owed compensation, you should determine whether or not you are suffering from depression – and if your depression can be traced to your injury. You might be suffering from depression after a TBI if:
- You begin increasing the number of drugs or the amount of alcohol you typically consume
- You have overwhelming feelings of sadness
- You are contemplating suicide
- You feel down or sad most days
- You do not have the same level of interest in your usual activities
- You have seen a doctor who has diagnosed you with depression
One of the most important steps you can do for yourself (and your TBI claim) is to seek the help of a doctor as soon as possible if you begin noticing signs of depression after a TBI. A doctor can formally diagnose you with depression, which can help your case immensely.
Can I receive compensation?
Yes. If you have been diagnosed with depression resulting from a TBI that was caused by someone else’s negligence, you can work with a brain injury attorney to receive compensation. It is critical to have a medical professional diagnose you with depression and show that it is a direct result of your traumatic brain injury.
Don’t hesitate to reach out to an experienced brain injury lawyer. Recovery comes one step at a time, and with their help you can finally get back to living, instead of struggling with your injury.
Insurance Denial Lawyer
When you have been in an accident, you may be left to contend with insurance companies for the damages you are facing. Unfortunately, it’s not uncommon to experience challenges when attempting to obtain compensation for the injuries or losses you have experienced. Any insurance denial lawyer can tell you that it is common practice for insurance companies who attempt to mitigate your claim in attempts to retain as much of the compensation you may be entitled to. Because of this, you will certainly need legal guidance to secure your damages. If you have been the victim of bad faith on the part of an insurance company, an experienced attorney can help. Here are some frequently asked questions prospective clients often have regarding bad faith litigation:
What is bad faith insurance?
When you file a claim against an insurance company for the damages you have experienced, you expect them to provide you with the compensation you are entitled to. As an insurance denial lawyer in Houston, TX, from a law firm like John K. Zaid & Associates can explain, bad faith insurance practices occur when insurance companies refuse to pay for a legitimate claim that is made. This can occur when they:
- Refuse to pay a valid claim
- Misrepresent the insurance policy
- Use deceptive practices
- Pay you less than your claim is worth
What should I do if I believe the insurance company is engaged in bad faith practices?
If the insurance company you filed a claim with has engaged in bad faith practices, your first step should be to call a lawyer with experience in managing bad faith cases. Having a lawyer review your case is critical to move forward. Once they have confirmed that the insurance company acted in bad faith, they can work closely with you to gather evidence and strategize your case.
Do bad faith litigation cases go to court?
In some cases, yes. If your claim has been denied as the result of bad faith practices on the part of an insurance company, you may choose to file a lawsuit against the insurance company. When this occurs, you will require the legal services, primarily help preparing your case for litigation. If the insurance company in question has acted in bad faith, you have a right to file a lawsuit against them.
What can I expect from an Insurance Denial Lawyer?
It’s important to be aware that insurance companies are looking out for their own best interests. Unfortunately, some insurance companies do so by taking measures that allow them to avoid paying accident victims the compensation they are entitled to. Because of this, you will need skilled and experienced legal services:
- Experienced bad faith litigation lawyers
- Extensive resources to assist you in your case
- A professional working to protect your rights
- Professionals to take the lead in managing the complicated inner workings of your case
The last thing any person wants to deal with is bad faith on the part of an insurance company. When an insurance company greatly reduces your settlement, or denies your claim altogether, you need the legal experience that can help you navigate your claim. Contact an insurance denial attorney today to get started.
Auto Accident Lawyer
When they are responding to a real crisis, law enforcement and other emergency responders have a lot of leeway. They can do whatever is necessary to reach the scene of the emergency as quickly as they can. Most of the time, this is a good thing; when we want help, we want it right away. As a result, emergency vehicles can disregard speed limit signs, run red lights and stop signs, and drive against the flow of traffic. It’s not uncommon to see a patrol car or fire truck weaving the wrong way through streets in large cities.
How is this legal? An emergency vehicle’s lights and sirens are acting in place of other traffic signals. As an attorney, like an auto accident lawyer, can explain, it’s as if the vehicle itself is a new set of traffic rules and all the other drivers have to get out of the way. In fact, other drivers who fail to get out of the path of an emergency vehicle can be ticketed for failing to obey traffic rules, even if their driving was otherwise safe. Drivers must follow the “signals” created by the lights and sirens of the emergency vehicle.
Although emergency vehicle drivers are trained to proceed with caution and drive with high levels of skill, accidents still happen. Sometimes the accidents are caused by a careless civilian who ignores the sirens and lights; other times they are the result of negligence on the part of the emergency driver. Injuries in these cases are often much greater than injuries in ordinary accidents. Emergency vehicles can run lights and drive against the flow of traffic, making t-bone and head-on collisions more likely, with correspondingly higher rates of speed. And while a patrol car may not be any larger than the average passenger vehicle, fire engines and ambulances are much larger and heavier, making impacts with passenger vehicles devastating. The victims of an emergency-vehicle accident can suffer lifelong injuries.
After the smoke clears and the parties have received initial medical evaluation, they may be left wondering where to turn. Is it possible to sue the police? Is that even a good idea? What do they need to do?
Many people assume that if they were t-boned by an emergency vehicle in an intersection, the emergency driver is at fault. Unfortunately, that’s rarely the case. Anyone who enters the path of an emergency vehicle while it is responding to a true emergency is automatically “at fault” in an accident, because an emergency vehicle always has the right of way while responding to a crisis.
Even though police cruisers and other emergency response vehicles carry liability insurance just like any other cars on the road, these policies will only pay in cases of actual negligence. However, there may still be opportunities to recover for injuries. An expert car accident attorney will be able to obtain information to show whether a police cruiser was actually responding to an emergency or just trying to get somewhere faster than it should have been. They will also be able to identify whether the accident could have been caused by a third party, making the third party responsible.
Uber, and other ridesharing companies, have become immensely popular in the last few years as a safe means of going out and getting back home. With more Uber drivers on the road, the likelihood of getting in an accident with one continues to increase. You might wonder how an accident with an Uber driver is different than an accident with a private driver and what you should do if you’re injured.
What to Do in an Accident
Accidents happen every day across the country, and how you respond can determine if a claim you make later is successful. Regardless if you are another driver or an Uber passenger, you can react to an accident similarly to any other. Call 911 to get a police officer on the scene who can take statements from everyone involved and create a report that you can file for later use. Check for injuries and seek medical attention if you or anyone else is hurt. Get a way to contact the other driver or passengers, as well as their insurance information. Take pictures of the scene.
If You Are a Driver
If you were driving and got hit by an Uber driver, the insurance you can file a claim with depends on the scenario surrounding the accident. All Uber drivers still have private insurance, and most of the time you will likely only be able to file a claim with their own insurance to get compensated. If the other driver was actively working for Uber when the crash occurred, you are then covered under Uber’s $1 million policy for all injuries and damages.
If You Are a Passenger
As an Uber passenger who gets injured in an accident, you have a couple of options that are also dependent on the situation. If the other driver caused the accident, you will have to file your claim with their insurance. On the other hand, if your Uber driver caused the crash, you are covered under Uber’s $1 million policy for injuries. You can bring your claim against Uber to receive compensation that covers up to that amount.
Since Uber is such a large company with a broad coverage policy, it can be difficult to successfully make a claim with them unless your case is rock solid. If they refuse to pay you rightful compensation, you may want to think about hiring a car accident lawyer in Indianapolis, IN, like from Ward & Ward Law Firm, to learn about your options.
Personal Injury Lawyer
Many people benefit from hiring an attorney, like a personal injury lawyer from Johnston Martineau, LLP, after an accident. However, that does not mean that it is always the right thing to do. In some situations, the potential downsides of hiring an attorney outweigh the potential benefits.
How You May Benefit From Hiring a Personal Injury Attorney
It is difficult to try to plan a court case while you are still recovering from a serious injury. Hiring a personal injury attorney allows you to concentrate on your rehabilitation and leave your lawsuit in experienced, capable hands.
An attorney’s experience is important when handling a personal injury case. A well-trained, critical eye in evaluating the damage can help identify key evidence that you may miss. Experience filing legal paperwork can prevent a potentially devastating clerical error. Hiring an attorney helps to level the playing field because the other side will almost always have its own legal representation.
When a Personal Injury Attorney May Not Be Required
If you are not injured, or not injured seriously, then there are little to no damages to collect from the party responsible for the accident. If that is the case, then there is no reason for you to hire a personal injury attorney. However, before you make the decision, be sure you get an evaluation from a doctor. Sometimes the symptoms of a serious injury may be delayed, and you may not realize that you are hurt badly until after you have accepted a settlement, at which point it is too late to file a lawsuit.
Before you decide to hire a personal injury attorney, you should understand how you will be billed. Rather than charging by the hour, personal injury attorneys usually bill on a contingency basis. This means that you pay nothing if you lose your case, but if you do win, your attorney takes a portion of your award or settlement. The percentage can vary, but assume that the attorney asks for 33%, or one-third, of the damages you recover. To justify the expense of hiring the attorney, he or she will have to improve your expected results by more than 50%.
If you feel the initial settlement the insurance company offers you is fair, then you can simply accept it without hiring an attorney or filing a lawsuit. However, you should know that the initial settlement offer is almost never really fair, and you might want to think about it before agreeing to it.
Remember that the first offer is almost never the last offer, and once you accept a settlement, you forfeit your right to take any further legal action. A lawyer would be happy to assess your situation and determine what you really deserve when you contact a law office.
Wrongful Death Lawyer
Wrongful death lawyers who handle medical malpractice lawsuits often encounter cases arising out of delayed diagnosis of sepsis. Sepsis is a serious medical condition that occurs when infection-fighting chemicals released in the bloodstream by the body cause inflammation. This inflammation can lead to organ damage, organ failure, or even death. Blood clotting may also develop which reduces blood flow throughout the body and strips the organs of nutrients and oxygen. Common symptoms of sepsis include trouble breathing, low blood pressure, an accelerated heart rate, fever, and confusion. In severe cases, this infection can lead to septic shock which is life-threatening and requires emergency medical care immediately; septic shock can lead to kidney, lung, and liver failure quickly and can even cause death.
Sepsis occurs for many reasons, including poor sterilization of the surgical site or medical equipment such as ventilators and catheters and other inadequate infection control measures in the hospital setting. A septic infection has 3 stages of severity with septic shock being the most severe. In the first stage, sepsis is usually treatable if diagnosed quickly. For a sepsis diagnosis doctors look at the patient’s body temperature to determine if it’s above 101F or below 96.8F, their heart rate to see if it’s higher than 90 BPM, and their respiratory rate to ascertain if it’s higher than 20 breaths/minute. Lastly, they confirm whether an infection is plausible for the patient in question. Doctors can misdiagnose sepsis when the investigation is insufficient, i.e., medical negligence, and include a thorough physical assessment, review of systems, risk factors and past medical history.
Misdiagnosis, delayed diagnosis, or lack of treatment are common causes of medical negligence that can result in a wrongful death lawsuit. A recent wrongful death case involved a new mother who passed away after receiving no treatment for her diagnosed sepsis. She was released from the hospital after giving birth but quickly came back with a fever and nausea. The young woman underwent blood tests which showed she had a septic infection. The nurse practitioner working with her did not prescribe any antibiotics or medications and sent the woman home without administering any treatment. She returned 12 hours later, but by that time it was too late and the young mother died a few days later. Her husband was allocated $20 million in his wrongful death lawsuit.
If you or a loved one has suffered because of a health care provider’s negligence in dealing with a blood infection, contact a medical malpractice lawyer, like a medical negligence lawyer in Cleveland, OH from Mishkind Kulwicki Law Co, L.P.A., immediately. Seeking compensation in a wrongful death case can be both stressful and complicated. Your attorney can conduct a thorough investigation and determine if you have cause for filing a lawsuit.
Medical Malpractice Lawyer
In 2002, the patient visited the Breast Care Center after she found a lump in her breast. She received a mammogram, which is an X-ray of the breasts used to look for early traces of breast cancer. The patient’s doctor told her there was “no evidence of malignancy” and sent her home with no additional testing. The lump continued to grow, so about 16 months later the patient went to a different doctor for a second opinion. She was then diagnosed with breast cancer.
The patient felt she had lost invaluable time in fighting her cancer. She underwent numerous operations and therapies including a mastectomy, chemotherapy, and radiation. Once she was in remission, the patient decided to hire a medical malpractice attorney and sue the doctor for misdiagnosing her condition. She asked, “why didn’t they find it the first time? Why didn’t they go the extra step and order a sonogram?” The patient’s condition has continued to worsen; after her relapse, her doctors found the cancer had spread to her bones. She must now endure chemotherapy treatments on a weekly basis for the rest of her life.
The trial lasted for 2 weeks and ended with the jury awarding the patient $15 million in damages. The doctor was found negligent because his misdiagnosis prevented the patient from accessing treatment in the early stage of her cancer, which probably would have altered her whole outcome. After the verdict was announced, the medical malpractice attorney stated, “they found him negligent because he was. There was something there, something she felt, and it needed to be evaluated and if it had been, we would not be here now.” However, the doctor remains as part of the medical staff at the Breast Care Center. The patient spoke out in hopes of helping other women by warning, “if you have any suspicions, any doubts, speak to the doctor and ask for another test.”
As reported by The New England Journal of Medicine, “experts state that nearly 31% of all breast cancer cases are misdiagnosed.” If you believe you or a loved one has had a misdiagnosis or has encountered any other form of medical negligence, seek legal counsel, like from a medical malpractice lawyer in Cleveland, OH from Mishkind Kulwicki Law Co., LPA, immediately. Timing is crucial when presenting a case to the court so do not wait. The attorney can conduct a thorough investigation and determine if you have cause for filing a lawsuit. You may be eligible for compensation after seeking legal recourse for your medical malpractice lawsuit.
Auto Accident Lawyer
Personal injury cases depend on evidence to prove that a careless driver is responsible for paying compensation. Evidence can come in the form of testimony, but when a bicyclist and a driver collide, a jury might have difficulty deciding which person has a more accurate perception of how the injury occurred. Physical evidence, combined with the testimony of neutral witnesses, makes a bicyclist’s injury claim stronger.
To maximize the opportunity to obtain full compensation for a bicycle accident injury, it is important to preserve evidence. Taking some simple steps can help a bicycle accident lawyer bring a successful injury claim.
Making a Police Report After a Bicycle Accident
Every state requires drivers to report a traffic accident to the police if the accident causes an injury. Not every driver follows that rule. An injured bicyclist should either contact the police or make sure that someone else contacts the police. Ask the driver to say at the scene until the police arrive.
It is also wise to ask to see the driver’s license of the person who caused the accident. Making a note of the driver’s name and the license plate will discourage the driver from leaving before the police arrive.
The police will conduct an accident investigation. The officer will gather information to determine how the accident occurred. The accident should take the names of witnesses, but the bicyclist should ask witnesses for their names and phone numbers, just in case they leave before the officer arrives.
The officer might take measurements of the accident scene and will probably draw a sketch. If you think the officer is getting it wrong, make your side of the story known.
Take Photographs After a Bicycle Accident
A bicyclist who is carrying a smartphone should use the camera app to take pictures of the accident scene. Try to take pictures before the car or the bicycle are moved. If the collision dented or scratched the car, take photos of the damage.
Also take some pictures of the bicycle. The photographs will help you prove that the bicycle damage was caused by the collision, not by something that happened later.
If there are skid marks, glass from a broken headline, or scattered debris from the damaged bicycle, photograph them. Since that evidence could be lost with the passage of time, documenting it is the best way to assure that all the facts are known.
Keep Your Damaged Bike for Evidence After a Bicycle Accident
Car crashes often destroy bicycles. Don’t junk the bike. A mangled bicycle makes a powerful exhibit at trial.
Even if the bicycle can be repaired, don’t repair it without first getting legal advice. The bicycle damage can hold clues to how the accident happened. An engineer who examines the bike may be able to draw conclusions that will help you prove your case. For example, if there is a dispute as to which party collided with the other, the nature of the bicycle damage might help you prove that the driver crashed into the bicycle.
In addition, the insurance company that insures the driver must be given an opportunity to inspect the bike. If that inspection might shed light on who was responsible for the collision, you have a legal obligation to maintain the bike in its post-accident condition.
A legal principle known as spoliation allows judges to punish parties who fail to preserve relevant evidence. The judge might tell the jury that it can presume you failed to preserve the bike because you wanted to conceal its condition from the insurance company. A jury might then decide that your failure to preserve the bike proves that you were responsible for the accident.
Before you do anything to alter physical evidence of the accident, talk to a bicycle accident lawyer. Your lawyer can tell you whether and for how long the evidence needs to be preserved.
Many personal injury attorney workers have come across cases of nursing home abuse. A nursing home is a long-term nursing facility for all those who suffer from physical illnesses, mental illnesses, or emotional issues. These patients are placed in nursing homes if they have suffered from the neglect of their previous personal caregivers. Nursing homes are regulated by the authority more so than personal caregivers. Due to the higher regulations, these nursing homes hold the responsibility and liability in the event of any abuse, neglect and lack of care, negligence during employee screenings, lack of supervision, and even when the nursing home facilities are improperly looked after.
Rights of The Residents
The rights of the residents, at any nursing home, have been defined clearly within the law of every country. Any and every resident, who has been registered within their country’s federal Medicare program, are known to have a statutory right. This statutory right states that the residents are free from all verbal abuse, physical abuse, sexual abuse, mental abuse, and cannot be put in restraints for convenience or punishment. An important thing to note is that restraints can be used on the residents, only when the resident may pose a threat to themselves or others. Residents who are not registered by the federal authorities do not have this statutory right.
Identifying Nursing Home Abuse
While something like abuse can seem quite easy to identify for some, it may be rather difficult to identify by those who may be experiencing it and by those who may little to no awareness about this topic. This is mainly evident in those who may have some form of mental illness. Physical abuse, by the workers at the nursing home, includes any intentional act that causes trauma or injury to the resident, such as hitting, pushing, and many more. Acts such as verbal abuse, intimidation, and threats, fall under the category of verbal abuse. Exploiting the residents by manipulating them to gain money or favours, also falls under nursing home abuse.
Important Terminologies
Residents should also be able to understand the meanings behind the words neglect, assisted living, and negligent living, so that they may be able to identify abuse. Neglect is when a worker may have a sense of disregard for their responsibilities. This can show in the forms of carelessness, wilfulness, or indifference. Assisted living is when the elderly or the physically disabled are provided with care giving services, such as housekeeping, nursing care, and even prepared meals. Whereas, negligent hiring is a legal theory where the employed caregiver can be held liable for intentional acts of abuse or neglect.
For all those who may want to file a case for experiencing nursing home abuse, should contact a nursing home abuse lawyer Kansas City, MO trusts. These allegations are investigated using two methods, that are, medical examinations and interviews. Both of these methods are conducted by a third-party agency. Typically, the victim is placed under adult protective services. It is important for us to report the abuse that we are either experiencing ourselves or are witnessing as a third party.
Thanks to Royce Injury Attorneys for their insight into personal injury claims and taking action against nursing home abuse.
In the healthcare setting, choking is referred to as “acute upper airway obstruction.” While uncommon, the results of an obstructed airway can be catastrophic, so healthcare personnel must be trained and ready to deal with this dire emergency. In a healthcare setting, such as a hospital, nursing home, or group home, there are relatively few conditions or events that rise to the level of a dire emergency. Acute upper airway obstruction is one such circumstance. A delay in recognizing or in treating an obstructed airway or failure to use proper techniques to resolve an obstruction can form the basis for a medical malpractice lawsuit.
How a Medical Malpractice Attorney Can Help
An experienced medical malpractice lawyer, like a medical malpractice lawyer in Cleveland, OH, will continually review medical literature to familiarize themselves with medical standards of care, guidelines, and recommendations. For example, a recent article in the New England Journal of Medicine (NEJM) provides valuable information about acute upper airway obstruction, its causes, diagnosis, and treatment. In the setting of emergency medicine and trauma medicine, the initial assessment of the patient focuses on the ABCs — airway, breathing, and circulation. The ABCs must be working before further assessment of the patient since without adequate airway, breathing, and circulation, no other treatment will be effective. A good attorney will keep up with medical news by reading journals like this.
The NEJM article begins by saying, “[a]cute upper airway obstruction is a life-threatening emergency and requires immediate assessment and intervention with little margin for error…” Outside of the healthcare setting, we recognize that swallowing virtually any object can pose a choking hazard. However, in the healthcare setting, airway obstruction can occur due to internal events, such as inflammation or collections of fluid or pus that compress the airway.
Treating Airway Obstruction
Treating acute upper airway obstruction in a hospital or other healthcare facility requires prompt diagnosis and immediate assessment of the patient to determine the best way to intervene and resume ventilation. Treatment options depend upon the cause of the airway obstruction which might include croup, epiglottitis, Ludwig’s angina (swelling due to abscess or infection), angioedema, a tumor, a foreign body, or a hematoma. Other causes include obstructive sleep apnea, asthma, and inhalation injury following a burn. Finally, trauma to the airway from a penetrating or blunt force can lead to obstruction.
Brain Injury Due to an Obstructed Airway
When a patient suffers anoxic brain injury as a result of an obstructed airway, a medical malpractice lawyer will want to review all records surrounding the patient’s care and treatment. In addition, it is important to interview eyewitnesses including physicians, residents, nurses, and family members, since the medical record often lacks potentially critical details. Note that in the course of responding to an emergency like an obstructed airway, the medical record will not be prepared until once the emergency has resolved and the record keepers have an opportunity to collect themselves. The record may be prepared with a medical negligence lawsuit in mind so that key facts are omitted or altered.
Preventing Problems Caused by a Blocked Airway
Many inflammatory conditions, such as epiglottitis and anaphylaxis, can be easily treated or prevented altogether. The NEJM article recommends a stepwise approach, called an algorithm, for resolving a difficult obstructed airway. Common interventions include intubation, oxygenation, ventilation or — when those fail — surgically opening the airway below the level of the obstruction. Any time that an obstructed airway results in severe, permanent anoxic brain injury, the patient’s medical records should be carefully reviewed by an experienced medical malpractice lawyer.
Thanks to Mishkind Kulwicki Law for their insight into how medical malpractice lawsuits can be formed due to problems that come from airway obstruction.
If someone close to you has recently been killed as a result of someone else’s actions, you may be wondering if you have the option to file a wrongful death lawsuit. This kind of claim is meant to allow the loved ones of the deceased to receive compensation for their loss. However, not just anyone can file. Only certain people with the right relationship to the victim can file a wrongful death claim. This guide will answer all your questions about who can file.
Who Can File for Wrongful Death?
The answer to this question depends heavily on which state you live in. Each state has its own laws about who can and cannot file a wrongful death lawsuit. These individuals always have this right, regardless of the state:
- Parents of a minor victim
- Minor children of the victim
- Spouses of the victim
Then, in certain states, these individuals are also allowed to file:
- The extended family of the victim
- Siblings of the victim
- Parents of an adult victim
- Adult children of the victim
The first step in the process should be to determine whether or not you are even allowed to file. You can do your own research or speak with an attorney who specializes in wrongful death. If you cannot, you may want to work with a family member who is allowed to file.
What Can Be Claimed?
The matter of who can file a claim brings up another matter. In a personal injury lawsuit, all the damages claimed are losses the victim has suffered personally. However, in a wrongful death lawsuit, you are filing on behalf of the victim. This means that you can make claims based on the victim’s losses, but also for your own losses. These are the two categories that damages can fall into.
The damages that the victim suffered may include pain and suffering, medical bills, lost wages due to the injury, emotional distress, the purchase of medicine or medical equipment, and damage to property. The damage that the loved ones of the victim suffered may include pain and suffering, emotional distress, loss of companionship, loss of financial support, funeral costs, and burial costs. All of these damages can be claimed in a wrongful death lawsuit. Additionally, punitive damages may be assigned, which are meant to act as a punishment for the defendant.
You can learn more about what types of damages are likely to speak with an attorney, like a wrongful death law firm in Indianapolis, IN. This should be the first step you take.
Thank you to the experts at Ward & Ward Law Firm, for their insight into personal injury law.
Potholes can cause serious damage to cars, but they can also cause injuries to car occupants. Striking a pothole can cause a flat tire or axle damage that causes a driver to lose control of the car. Drivers often stop abruptly after hitting a pothole, potentially triggering a rear-end collision or pileup.
Even when a pothole does not cause a driver to collide with another car, potholes can lead to car occupant injuries. Research shows that potholes can trick impact sensors into deploying airbags. Car occupants can suffer serious facial injuries and hearing loss when airbags deploy.
Hitting a large pothole can produce the same force as a 35-mph collision. Even if airbags do not deploy, occupants who are wearing safety harnesses can suffer serious joint and neck injuries after a car hits a pothole. Occupants who are not wearing seatbelts may experience concussions, brain trauma, and other serious injuries.
Health Benefits of Seeing a Doctor Promptly
No law sets a time limit for seeing a doctor after a car accident. There are, however, time limits associated with bringing a claim for compensation. Most states also impose strict time limits on providing the government with notice of the claim. Injury victims can protect their rights by obtaining immediate advice from a car accident lawyer after they are involved in a pothole accident.
It is just as important to seek medical advice immediately after a car accident. Whiplash injuries might not produce pain until two or three days after the accident, but prompt treatment — even before the pain starts — can reduce the duration and severity of pain that the injury victim eventually suffers.
Head injuries can cause bleeding and swelling of the brain, but an accident victim might not realize that they have a serious injury until it is too late to prevent death. Delayed treatment of muscle and nerve injuries can cause them to worsen over time. An accident victim who tries to “walk it off” or who doesn’t want to miss work to see a doctor may end up with a long-term disability that could have been prevented with prompt treatment.
Settlement Benefits of Seeing a Doctor Immediately
While a negligence claim is typically made against the government when a pothole causes an injury, state and local governments usually purchase insurance for negligence claims. The insurance adjusters who handle the claims have an incentive to save money for the companies that employ them. For that reason, they look for excuses to avoid paying full compensation.
When an accident victim does not immediately visit a doctor, an insurance adjuster will often claim that the victim came up with the idea to make a false insurance claim. The longer an injury victims puts off medical care, the more likely the adjuster will be to argue that the injury is fabricated or resulted from something that happened after the pothole accident.
Insurance adjusters scrutinize medical records in their search for an excuse to deny full payment of a claim. They pounce upon any gap in treatment as evidence that the injury victim stopped seeking treatment because the victim recovered from the injuries. If a victim stops treatment, it is difficult to overcome the suspicion that the victim’s injuries had fully healed.
To maximize the opportunity to receive full compensation, it is important for pothole accident victims to visit a doctor immediately and to follow the doctor’s course of recommended treatment. If the victim cannot attend a treatment appointment, he or she should reschedule the appointment immediately. If physical therapy is painful or time consuming, the victim should still make a point of attending every session. When medical records show that injury victims did everything their healthcare providers asked them to do, it is difficult for insurance adjusters to claim that the victim is faking an injury.
Head trauma on the job can happen in several ways; you may be hit in the head by another co-worker’s equipment, or you might fall off a construction crane. No matter how mild or severe the injury, two things should happen: You should receive medical treatment as soon as possible, and you should follow up with a workers’ compensation claim.
What Is a Traumatic Brain Injury?
A traumatic brain injury (TBI) typically occurs in conjunction with a head trauma sustained after falling or being hit with an object. It is often common in construction, warehouses, delivery and other heavy physical labors.
A TBI, at best, is a mild concussion but could also be as damaging as a coma, a persistent vegetative state or fatal brain damage. Onset symptoms can include, but are not limited to:
- Dizziness
- Headache
- Nausea
- Dilated pupils
- Slurred speech
- Acute changes in behavior
- Seizures
Victims of TBIs may often experience chronic symptoms like difficulty speaking and processing information, impaired motor skills, loss of emotional control and fatigue. The medical costs of a TBI can be extensive, and the outcomes could last a lifetime. If even a mild head injury is sustained at work, it can be crucial to report it and get treatment to minimize effects and stay eligible for workers’ compensation.
Workers’ Compensation Eligibility
It’s simple. If you or a loved one suffers a TBI on the job, it’s usually eligible for worker’s compensation, right?
Right … but it isn’t always simple. Traumatic brain injury can be tricky because the signs may be subtle and often don’t appear right away. Perhaps worse, in the case of closed head trauma, the severity of the TBI can also be disproportionate to a seemingly trivial injury.
After suffering from head trauma at work, the incident should be reported to the employer, and a victim should seek medical attention immediately. Getting treatment is crucial to limiting the potential damage caused by a TBI. It is also vital to have a record of where and when the injury happened. If there is no record and delayed onset of symptoms, an insurance company may argue that an injury on the job did not cause the TBI.
Treating and managing the effects of a traumatic brain injury can last a lifetime, and the cost can be debilitating. If you or a loved one receives a head trauma at work, go to the emergency room, document the incident with the employer and follow up with a personal injury lawyer in Miami, FL.
Thanks to Needle & Ellenberg, P.A. for their insight into personal injury claims and workers compensation claims involving traumatic brain injury.
The desire to be ecologically conscious has led to an increase in the number of cyclists on the roads every day. Streets have become more congested with cars, and cities are becoming friendlier to bicycles. However, this can be a serious danger to pedestrians, who are more used to watching for loud, large cars than they are for the slender, quiet bicycles. A study by one college examined the prevalence of these bicycle-pedestrian accidents in light of the uptick in urban bicycle usage. The study, which focused only on New York, discovered that there are over 4,000 New York bicycle accidents involving pedestrians every year. These accidents can be serious enough to lead to hospitalization and even fatal in some instances.
Injuries Caused by Bike Accidents
Bike accidents can cause a variety of serious injuries to pedestrians. Although bikes do not have the same amount of momentum as an automobile, they have the ability to inflict severe harm on pedestrians. Broken bones, sprains, and serious contusions or lacerations are common results of these types of traffic accidents, but bikes can also cause traumatic brain injuries if the pedestrian falls at the wrong angle or strikes their head on something during the fall. These brain injuries can cause concussions, nausea, vomiting, dizziness, headaches, and seizures. They can even put a person into a coma or end their life if the injury is serious enough.
Responding to a Bicycle Accident
The steps to respond to a bicycle-pedestrian accident are much like those used to respond to an ordinary car accident. The first step is to take stock of everyone’s injuries and call for medical attention if necessary. Once that has been accomplished, it is important for the parties to exchange contact information and insurance details. The parties should also alert the police to file a report about the accident.
One of the largest differences between bicycle-pedestrian accidents and standard traffic accidents is their propensity to become hit-and-runs. Many cyclists do not understand that they have to remain at the scene of an accident like a motorist would, and even some of the ones who do know, choose not to. This can become even more complicated by the fact that most riders do not have license plates on their bikes, which makes them more difficult to identify. In these sorts of situations, the best option is to record as much detail about the cyclist as possible, maybe even speaking to witnesses to get more information, and then reporting the incident to the police along with the description.
If you were recently injured in a bicycle-pedestrian accident, contact a lawyer to find out how they can help. They can schedule a free case evaluation with a skilled personal injury lawyer Des Moines, IA residents recommend and determine what kind of financial compensation you may be entitled to. Call a law office today.
Thanks to Johnston Martineau, LLP for their insight into personal injury claims and bicycle and pedestrian accident injuries.
Personal Injury Lawyer
Finding yourself on the receiving end of an injury of any kind can lead to changes in your lifestyle. However, no casualty has the potential to lead to long-term consequences like a brain injury. Traumatic brain injury occurs when an event causes damage to the brain. The damage may vary, but the effects may be felt for awhile, or even a lifetime. Explore some of the facts about brain injury and the signs and symptoms you need to monitor.
Causes of Traumatic Brain Injury
An accident that causes a traumatic brain injury (TBI) may involve falling, getting in a fight, or being in a car crash. A TBI does not apply to damage caused by a stroke or something that happened internally. It almost always starts as some sort of impact to the head. In some instances, the head may not need to hit anything for the brain to be injured. The force of some accidents causes the neck to snap back and forth, forcing the brain to move around in the skull. The result of this rattling may be extensive bruising, swelling, and bleeding.
Signs and Symptoms of TBI
If you have never hit your head, you may not believe there is any cause for concern over a brain injury. However, understand that anything that causes the brain to bleed or bruise may eventually lead to a catastrophic injury. After you have been involved in an accident or event that may have caused a TBI, keep an eye out for:
- Extreme fatigue
- Change in speech (slurring words, difficulty with vocabulary)
- Memory problems
- Worsening headaches
- Nausea or vomiting
Degrees of Damage
TBIs range in severity from minor bruising to death. Things like minor concussions or bruising may resolve with little medical intervention. However, it is necessary to remain in touch with a doctor and follow up as directed. Sometimes a doctor may believe the brain will recover when it doesn’t. Other times, there is something else going on that doesn’t immediately show up, such as internal bleeding.
Long-term effects of a brain bleed or swelling may result in paralysis, permanent brain damage and eventually death. If someone you love suffered a TBI due to someone else’s actions, such as a car accident, an attorney may help recover some of the costs associated with providing them with long-term care. Even if the damage is permanent and the chance of recovery futile, they still deserve a high level of care.
The brain is the hub of the body’s nervous system. It runs the show. Therefore, an injury to it may have serious consequences that affect every part of the body. A brain injury lawyer, like a brain injury lawyer in Orlando, FL, may be able to aid in helping your family get through the process of caring for a loved one.
Thanks to Needle & Ellenberg, P.A. for their insight into the facts about traumatic brain injuries.
Riding a bicycle isn’t just a fun recreational activity. It’s also a means of transportation for many people these days. When you ride a bicycle to work and other destinations, you don’t have to worry about finding parking or paying for gas. While many cities have made an effort to create more bicycle-friendly environments, cyclists still risk getting injured by careless drivers. Here are some of the most common causes of bicycle accidents.
Opening a Car Door
Before opening their door in traffic, it’s important for drivers to first make sure it’s safe to do so. This includes checking for bicyclists that may be approaching their vehicle. Unfortunately, not all motorists do this. If a door swings open quickly into the path of a bicyclist, they will either hit the door or hit other vehicles trying to avoid it.
Distracted Driving and Riders
It’s just as important for bicyclists as it is for drivers to keep their eyes on the road at all times. Unfortunately, too many bicyclists and drivers look at their smartphones while on the road. Taking your eyes off the road for even a split second can increase your risk of getting into an accident.
Making a Turn
A large percentage of accidents involving vehicles and bicycles occur during turns. When bicyclists are next to a vehicle, they often get caught in the motorist’s blind spot. Drivers who don’t look before making a turn can cut in front of a bicyclist and hit them.
Following Too Closely
Accidents can also happen when bicyclists and drivers follow too closely behind each other. If the bicycle or car in front makes a sudden stop, it can cause a rear-end collision. Bicyclists and drivers to leave plenty of space to make sure they have enough reaction time to avoid hitting the other person’s back end.
Speeding
It’s dangerous for both motorists and bicyclists to speed. Although bicyclists can’t ride as fast as cars, they still shouldn’t try to ride as quickly as they can. When bicyclists ride too fast, they won’t have enough time to react if a vehicle suddenly pulls out in front of them.
Harsh Weather Conditions
It’s wise for bicyclists to avoid riding during harsh weather conditions, but they can still get caught in an unexpected rainstorm sometimes. When this happens, they will have more trouble seeing what’s in front of them and are more likely to get into an accident. Rain can also make bicyclists less visible to motorists.
Were You Injured in a Bicycle Accident?
If you were recently injured in a bicycle accident that was caused by a motorist, you may be entitled to compensation. It’s important to speak to a qualified personal injury lawyer in Des Moines, IA about your case as soon as possible.
Thanks to Johnston Martineau, LLP for their insight into personal injury claims and common causes of bicycle accidents.
Truck Accident Lawyer
Truck accidents are more likely to cause serious injuries than collisions involving two cars. Trucks are massive. The more they weigh, the more damage they do. Airbags and crumple zones protect car occupants, but those protections can be overcome by the forces generated by a truck moving at highway speeds.
Some truck accident injuries cause permanent disabilities. Every disability causes lasting emotional pain, and many are accompanied by ongoing physical pain.
Compensation for Pain and Suffering Caused by Georgia Truck Accidents
Georgia law encourages juries to award compensation that will make truck accident victims whole. A victim is made whole by restoring what the victim lost because of the accident.
The law recognizes that injury victims suffer both financial and nonfinancial losses. Pain and suffering are nonfinancial losses. While compensation cannot remove pain, courts recognize that accident victims can use compensation to offset pain by improving the quality of their lives.
Considering pain and suffering in an award of compensation is, therefore, an appropriate means making accident victims whole. Since living with pain substantially diminishes the ability to enjoy life, compensation for pain and suffering is usually the largest component of settlements and jury verdicts.
Components of Compensation for Georgia Truck Accidents
Truck accident victims should be reimbursed for their medical expenses and the cost of future care, including physical therapy or additional surgeries. Truck accident victims should also be reimbursed for lost wages. If their injuries prevent them from returning to their former employment, they should recover the expense of vocational training and compensation for their lost earning capacity.
Truck accident victims with permanent disabilities will need funds to pay for the cost of coping with those disabilities. Compensation should cover the expense of a caregiver, a wheelchair-accessible van, or the other expenses that disabled victims incur to live a productive life.
The final category of truck accident compensation is pain and suffering. That category covers both physical pain and the emotional suffering that results from a physical injury.
Measuring Pain and Suffering in Georgia Truck Accidents
Past financial losses are easy to measure. Anticipated future losses can be calculated with the help of expert witnesses, including economists and vocational rehabilitation experts.
Pain and suffering, on the other hand, cannot be measured with precision. Different accident victims react to pain in different ways. A back injury might be devastating for one truck accident victim while a similar injury might cause occasional discomfort for another victim.
Emotional pain can be even more harmful than physical pain. Injury victims lose self-esteem when they cannot work. They lose the comfort of companionship when they cannot play sports or go on hunting trips. They lose the opportunity to bond when they cannot lift a child. Depression, anxiety, and post-traumatic stress are common emotional outcomes of a truck accident.
Truck accident lawyers assemble evidence that will prove an accident victim’s claim for pain and suffering. In some cases, lawyers engage the services of psychologists or other experts to help a jury understand the depth of an accident victim’s suffering. They may also prepare friends and family members to testify at trial about changes they observed in the victim’s personality after the victim’s accident.
In the end, a truck accident lawyer will rely on their experience to determine the appropriate compensation for pain and suffering. Lawyers compare a client’s suffering to the pain and anguish endured by other accident victims. By noting the verdicts returned by local juries in similar cases, accident lawyers are able to advise clients about the compensation they should seek for their pain and emotional distress.
Motorcycle Accident Lawyer
Safety features in cars, including seatbelts and airbags, provide protection against injuries in certain kinds of collisions. Motorcycle riders have no comparable protection. They depend on a helmet and clothing to act as a safeguard against head injuries and road rash. Unfortunately, even the best gear can do little to prevent painful injuries in a motorcycle accident.
When motorcycle riders are injured because of another person’s carelessness, they are entitled to pursue compensation. The largest component of most settlements compensates injured motorcyclists for their pain, suffering, and emotional distress.
Compensation for Georgia Motorcycle Accidents
Georgia law endeavors to make accident victims whole. It does so by requiring the people who caused the injuries to compensate accident victims for their losses.
Substantial motorcycle accident injuries lead to substantial medical bills. Some riders have health insurance that will help them pay those bills. Others are uninsured. Even when motorcyclists have health insurance, however, they are billed for co-pay and deductible expenses that their policies do not cover.
Compensation reimburses motorcycle riders for their medical expenses. It also assures that they will be able to pay for future medical care that they will likely need. In addition, compensation covers the expense of coping with disabling injuries. For example, compensation may pay for wheelchairs as well as the cost of making a home wheelchair accessible.
When injuries prevent a motorcycle accident victim from working, compensation reimburses lost wages. If a disabling injury will reduce the victim’s ability to earn income, compensation should cover that lost earning capacity.
While those categories of compensation address economic losses, Georgia law also recognizes that accident injuries cause emotional losses. Compensation for pain, suffering, and emotional distress addresses those intangible losses.
Compensation for Pain and Suffering Caused by Georgia Motorcycle Accidents
While pain, suffering, and emotional distress are not tangible, they are undeniable consequences of accident injuries. Road rash, broken bones, and torn muscles cause intense pain. Motorcycle accident injuries often lead to long-term impairments that cause lasting pain.
Physical pain and disabilities produce emotional pain. The inability to lift a child, to play a sport, or to continue riding a motorcycle can be emotionally devastating. The inability to work after an accident impairs self-esteem. Motorcycle accident victims often suffer from depression or post-traumatic stress as a result of their injuries.
Georgia law recognizes that pain, suffering, and emotional distress deserve compensation. Accident victims cannot be made whole without that compensation. While money does not make pain go away, compensation helps to offset pain by improving the quality of the accident victim’s life.
Compensation contributes to emotional security by relieving disabled accident victims from the worry that they will not have the financial resources to cope with their disabilities. When activities like mowing the lawn would aggravate pain, compensation allows victims to avoid pain by hiring a landscaping service. Compensation can therefore be used to ease stress and make pain more tolerable.
Measuring Compensation for Pain and Suffering from Georgia Motorcycle Accidents
While financial losses can be measured, there is no formula for calculating the compensation that should be paid for pain and suffering. Pain affects every person differently. Some motorcycle accident victims cope with emotional distress more readily than others.
A motorcycle accident lawyer can rely on their knowledge and experience to place a value on pain and suffering. They keep track of the verdicts that local juries award in motorcycle accident cases. They compare a client’s pain to the pain described by other victims in injury trials. That knowledge creates a baseline that lawyers use to measure the compensation a motorcycle accident should receive for pain, suffering, and emotional distress.
Car Accident Lawyer in Deer Park, TX
Your children are your top priority, and when they get sick or hurt, you want to do everything possible to help. If they suffer an injury as the result of another, you may want to look into getting help with paying for their medical care. How does the claims process work when a child is involved? Take a look at some of the top ways a child may suffer a personal injury, and also how to handle filing a personal injury claim to recover damages.
The Claims Process for a Child
When a child gets hurt, and that injury is the result of another’s negligence, you may have the right to file a personal injury lawsuit on their behalf. A minor under the age of 18 will be named in the suit, as will their parents. While the laws vary from state to state, this is the generally accepted practice in handling a lawsuit where a minor is a plaintiff. Consider some of the most common ways a child may suffer an injury due to someone else’s negligence.
Automobile Accident
The most common way a child suffers a traumatic injury is during the course of a car accident. Children who are not adequately restrained may be ejected or tossed around, suffering catastrophic injuries or death. Even when they are strapped in the right way, depending on the mechanics of the crash, they can wind up getting seriously hurt. Therefore, if you and your child are in a motor vehicle collision, you want to be sure they get checked thoroughly before writing off bumps and bruises.
Dog Bite
People may not realize how easily an innocent encounter with a dog might turn into a severe injury for a child. It is common for children to seek out animals, especially when at someone else’s home or the park. However, dogs can inflict a significant amount of damage in a short amount of time. There are also times when an animal who is not correctly restrained gets out and harms a child walking by or playing in an adjacent area. If the owner is negligent, you may have a case for negligence.
School Incident
Your child will spend a significant amount of time at school from daycare through high school. It is here they have a good chance of suffering some injury. The severity of which depends on the incident leading to the injury, but everything from scraped knees, broken bones, and traumatic injury may occur. These injuries, whether accidental or part of an overt violent act by someone else, may qualify in the personal injury category.
Contact a car accident lawyer in Deer Park, TX might be able to assist you with filing a claim for your child.
Call John K. Zaid & Associates for their insight into personal injuries and children.
Personal Injury Lawyer Deer Park, TX
Every now and then, we receive a call from someone who is desperate for legal help, but cannot find any personal injury lawyer to take on their case. Often, these people are feeling hopeless and frustrated because they believe they have a valid case, but yet are only receiving responses such as “We’re sorry, but we are unable to help you at this time. Please consult another personal injury lawyer.”
If you are in a similar situation, we understand that you might be annoyed, but there may be a few reasons as to why you are having a hard time finding a lawyer.
The Reason for Generic Answers
If a lawyer has denied your claim, they most likely did not give you a reason why. In fact, you probably got a very general reply. First and foremost, many lawyers have different expectations for a case. For example, some lawyers will only handle cases that involve large corporations and others will focus on small claims cases. Even if you have been denied by a handful of lawyers, does not mean you don’t have a case. It just means you might be asking the wrong lawyer for help.
To add to this, a lawyer won’t say you have a “bad” case, especially while the statute is running. To say that could mean that you immediately lose hope. It is in the best interest of a lawyer to provide you with a generic response; something like:
“Thank you for contacting our firm. We reviewed your case and are unable to help you.”
If you have received responses like the above, it may be worth your time and effort to keep searching for a personal injury lawyer. Bare in mind, if you were reaching out to any lawyer, such as a general lawyer, it may be a good idea to try talking with a lawyer who focuses on personal injury law. Finally, if you feel like you have exhausted your efforts, the following information may explain why you are unable to find a lawyer for your personal injury claim.
Why Your Case Might Not Have Been Accepted by a Personal Injury Lawyer
- The injuries you sustained were not serious enough
- It is not clear who is responsible
- You were completely at fault
- The anticipated recovery of compensation is not much more than the cost of building your case
- There are relevant damage caps or tort reforms associated with your case
- There are location or proximity issues
- You are not filling a claim for money, but rather as a method of “revenge”
- You have exceeded the statute of limitations
- You did not provide the lawyer with enough information
Potential Problems with Your Medical Care
The lawyer you talk to might ask you about the medical care you have received following the accident. When you received it and through which method can affect the value and strength of your case.
It is your right to seek compensation for your medical care; however, you cannot ask for an amount that cannot be backed up by the doctors’ diagnosis and recommendations. In other words, it has to be reasonable. If you have received any questionable care, a lawyer or defending side may challenge this care. Furthermore, questions might be raised if your medical bills are higher than the average amount of a similar service. If a lawyer is denying your case based on medical care, it may be because:
- You underwent experimental procedures for treatment
- You sought care for unrelated medical issues
- There are significant gaps between your treatment
- You waiting an excessive period of time to get treatment
- You have not followed your doctor’s orders
- You’re being treated by a doctor who has been investigated for fraud
- You have not seen a medical doctor yet, and there is a large gap in time between now and the accident
All lawyers have different expectations. As a general rule of thumb, you should consult 3-8 lawyers before you choose one, or give up. If you would like to talk with a personal injury lawyer Deer Park, TX relies on, call today.
Contact John K. Zaid & Associates for their insight into personal injury claims and why you might be struggling to find a lawyer.
Nursing Home Lawyer Houston, TX
When you move your loved one into a nursing home, you put them in the responsible hands of the nursing home’s medical care professionals. In a perfect world, you would expect the staff to treat your family members as if they are members of their own family, but unfortunately, this doesn’t always happen.
If you are suspicious about the going-ons in your loved one’s nursing home, don’t hesitate to contact an attorney at the first sign something is wrong. Here we have compiled an intro guide on what anyone should know about nursing home law in case you experience some situations you may be uncomfortable with.
Responsibilities of the Nursing Home
Under the 1987 Nursing Home Reform Law, there are specific requirements a nursing home must abide by when caring for their residents.
- Having an adequate amount of staff compared to the number of residents in the facility
- Developing and enacting comprehensive care plans for each resident, including keeping and tracking their medical care and dietary restrictions
- Assessing and aiding in the specific needs of each resident as they come up
- Promoting each resident’s quality of life
- Ensuring the faculty is clean, liveable, and supervised at all times
Patient’s Rights
The rights of a patient can be narrowed down into two categories: quality of life and quality of care.
Quality of life means that the nursing home has the responsibility to provide care in an environment that is positive and enhances each resident’s life. From providing social activities to providing a clean bedroom and bathroom, these all add to a resident’s quality of life.
Quality of care entails that each resident is being cared for as they should be. If it has anything to do with a patient’s mental or physical health, it is classified under quality of care. For example, administering medications on schedule, providing a proper diet, and socialization.
Specific Examples of Nursing Home Abuse and Neglect
There are a lot of different examples of nursing home abuse and neglect, which is why it is imperative to be as vigilant as possible when visiting your loved one in their care facility. Look out for the following signs:
- Neglect: bedsores, weight loss, unwashed clothes, dry skin and chapped lips (due to dehydration), and bruises and scrapes.
- Emotional abuse: an unexplained and abrupt change in behavior, seclusion, depression, a sudden disinterest in doing activities that were previously enjoyable.
- Physical Abuse: similar marks in the same area of the body such as the ankles or wrist, severe fear of another resident or a care worker.
If you are noticing any of these symptoms, do not hesitate to contact a law firm today. Call the police if it is an absolute emergency, otherwise, come get help from nursing home lawyer Houston, TX relies on. A consultation is what you will need to seek clarity and next steps in your specific situation.
Contact John K. Zaid & Associates for their insight into personal injury claims and nursing home law.
Houston Brain Injury Attorneys
Your brain is perhaps the most critical organ in your body, and a severe brain injury can impact how the rest of the body functions. Traumatic brain injuries are a leading cause of death and disability in children, teens, and young adults in the United States. Brain injuries frequently lead to devastating consequences that require years of rehabilitation or lead to permanent disability.
Given the potential for such a disastrous outcome, much is at stake after an accident that leads to brain injury. If the injury is due to an accident where another party is at fault, it is essential to hire a brain injury attorney who can advocate for you and work to get you the compensation that you deserve for your damage or harm.
How a brain injury attorney can help with brain injury cases
Recovery from a brain injury may leave you with an inability to focus and little time to handle paperwork or consider how to protect your legal rights. A brain injury lawyer has the knowledge and experience to know what needs to be done and is prepared to fight to ensure that you receive the most favorable recovery possible for your injuries.
A traumatic brain injury lawyer has years of experience helping injured individuals navigate medical malpractice or personal injury claims. An attorney can collect the necessary evidence to ensure you get the treatment for your injury that you deserve and can deal with any negotiations or court filings on your behalf. By knowing how the legal system works and having a particular focus on brain injury cases, an attorney can work to create the best possible outcome and maximize the financial reward.
Common types of brain injuries
The many types of brain injuries with which an attorney can assist, including:
- Car accident injury
- Motorcycle injury
- Truck accident injury
- Bicycle accident injury
- Pedestrian injury
- Slip and fall injury
- Workplace injury
- Traumatic birth and delivery injury
- Medical malpractice injury
- Oxygen deprivation injury
- Brain damage caused by exposure to toxic substances
- Shaken baby syndrome
Get the help you need while you still can
While no amount of money can make up for the injury you or your loved one has sustained, it is nice to know that an attorney can work hard to make sure your future and financial well-being are secure. Let a qualified lawyer worry about the insurance claims and settlement negotiations so that you can focus on what’s most important—a full recovery from brain injury and spending time with your loved ones. If you or a loved one have sustained a brain injury because of someone else’s negligence or carelessness, an attorney may be able to help you to recover not only compensation for economic damages, but also a financial award for any intangible losses, such as loss of life’s enjoyment, pain, and suffering.
Keep in mind that there is a statute of limitations in many situations, which is a time within you must file your claim against the party who caused your injury. If that time expires while you are focusing elsewhere, you won’t be able to receive the compensation you deserve. Schedule a time to consult with Houston brain injury attorneys as soon as possible.
Contact John K. Zaid & Associates for their insight into personal injury claims and hiring a lawyer after a brain injury.
Brain Injury Lawyer in Houston, TX
The consequences of a traumatic brain injury can potentially change every aspect of your life. Any head or brain injury is considered a medical emergency because unseen consequences can rapidly become worse without appropriate treatment, You don’t need to experience a direct impact to the head or a lose consciousness to suffer a brain injury in an incident such as a motor vehicle accident. This kind of injury can be devastating and life-altering and is easily missed by first responders and even doctors at the emergency room.
It is crucial that accident victims be evaluated for brain injury as soon as possible after the event. Recovery from a brain injury is entirely possible, but cannot be commenced without first determining whether a brain injury has been suffered. Brain injuries are not always detectable on traditional CT or MRI scans, leading doctors to call the results “normal.” However, family members, friends, or co-workers may notice signs and symptoms of brain injury, such as the victim seeming “angry,” “dazed,” “confused,” or “a little off.”
Common causes of a brain or head injury
Some of the leading causes of brain injury or damage include:
- Falls or slip-and-fall accidents
- Car, truck and motorcycle accidents
- Struck by or struck against accidents
- Violent assaults
- Workplace accidents
- Construction accidents
- Boating accidents
- Pedestrian accidents
- Shaken baby syndrome
- Birth or delivery accidents
- Medical malpractice
Navigating the aftermath of a brain injury
Hospitalization, medical treatment, and recovery time after a brain injury may be lengthy or ongoing, and will most certainly be expensive. Brain damage or harm from an injury to the brain may leave victims unable to earn a living or even perform daily tasks, such as feeding or grooming themselves. Personality changes can result from brain injuries and can destroy marriages and tear families apart.
In some unfortunate cases, a victim of brain injury may go into a coma or a persistent vegetative state. Caring for a permanently disabled brain injury victim is a continual challenge for families and caregivers. Even worse—brain injuries can be fatal or lead to the development of degenerative brain disease, which may lead to death.
You might be able to obtain compensation under the law to assist with the consequences of a brain injury if you or a loved one was injured in an accident caused by someone else’s negligence, wrongdoing, or carelessness.
Get the help you need from a brain injury attorney
Brain injury lawyers have experience in medical malpractice and personal injury litigation. They can work with investigators, medical professionals, and financial specialists and make sure to fully document a case before presenting compensation demands to the insurers of the negligent or at-fault parties. Attorneys and their staff can investigate the details of accidents or medical harm and determine the economic and non-economic costs of brain injuries to the victims.
Speak to a head or brain injury lawyer in your local area for more information and a no obligation evaluation of your situation and advice about your legal options. A knowledgeable and experienced brain injury lawyer in Houston, TX can help to make sure that any settlement presented by the at-fault or negligent party is more than sufficient to cover your costs now and in the future.
Contact John K. Zaid & Associates for their insight into personal injury claims and why you need a lawyer after a brain injury.
Brain Injury Lawyer in Houston, TX
Brain injuries are scary and traumatizing. The outcome can be devastating to the lives of victims and their loved ones. If you or a loved one has a suffered brain injury, the road to recovery may be extensive and expensive. If the injury was the result of an accident where another party was at fault, you will likely want to consider working with a brain injury lawyer to get your financial expenses covered and regain what you’ve lost in wages or earning potential.
A brain injury attorney understands that brain harm not only has an impact on a victim’s financial situation but also affects their quality of life. As the road to recovery is challenging and may leave a brain-injured victim with permanent impairment or disability, you may also need to seek lifelong support and a pain and suffering award for yourself or the victim.
What Types of Brain Injury Cases Do Attorneys Handle?
Brain injury attorneys can handle your lawsuit regarding the following types of accidents:
- Car, Truck, and Motorcycle Accidents:
Motor vehicle collisions are a leading cause of traumatic brain injury-related hospitalizations. Often, brain injuries result from accidents where drivers fail to operate their vehicles responsibly.
- Medical Malpractice or Birth Injury:
Medical malpractice happens when a physician, hospital, or another healthcare provider deviates from the established standard of care required in the medical community, leading to the harm or injury of a patient.
- At-Work Accidents:
When workers suffer brain injuries on the job, they may be able to recover compensation through workers’ compensation benefits. Plus, they may be able to receive further compensation if a third party was negligent, which led to the injury or harm.
Brain Injury Attorneys Work With Medical Experts
Brain injury attorneys typically work with medical experts who to demonstrate causation, an essential and difficult to prove element in a successful negligence suit. To show a link between the defendant’s negligence and a victim’s injuries, these medical experts can thoroughly review and examine medical records and conclude whether the medical provider failed to meet the required professional standard of care.
Additionally, testimony from medical experts helps show jurors who do not possess the required medical understanding to draw their own conclusions a connection between the responsible party’s negligence and a victim’s brain injury or harm. Utilizing expert witness testimony often leads to more favorable verdicts and settlements.
Consult With a Qualified Brain Injury Attorney
An experienced and knowledgeable attorney can help you file a claim against negligent vehicle operators, medical providers, and trucking companies, and aims to get you the compensation you deserve. Consult with a brain injury attorney about your situation today. A qualified lawyer may be able to get you the help you need for:
- Medical bills
- Loss of life’s enjoyment
- Lost wages
- Wrongful death
- Pain and suffering
- Loss of companionship
- And more
The statute of limitations only allows victims to file a claim within a specific time period, so do not delay—contact a brain injury lawyer in Houston, TX today for a no-obligation case evaluation.
Contact John K. Zaid & Associates for their insight into personal injury claims and types of brain injuries.
Wrongful Death Lawyer in Houston, TX
When a family member dies from injuries sustained in an accident caused by another party, State law allows the victim’s family to file a wrongful death lawsuit to seek the financial justice and security they need. The law understands that no amount of money will ever make up for a loved one’s death but ensures that the at-fault party is held liable for their actions, even when those actions do not warrant criminal charges.
The following are some of the most frequently asked questions regarding wrongful death claims. For more information, contact an attorney, like a wrongful death lawyer in Houston, TX, today.
What is a wrongful death?
The law defines a wrongful death as one that is caused by the negligence, recklessness, or other misconduct by another party or parties. A party can be an individual, company, or other type of entity. A wrongful death lawsuit is filed in civil court by the survivors of the victim or the executor or representative of the victim’s estate. A wrongful death lawsuit seeks financial compensation for the losses the victim’s death has caused the family.
What are the different types of wrongful death cases?
There are many different types of wrongful death cases. The following are just some examples of the types of wrongful death cases our wrongful death attorneys from John K. Zaid & Associates have handled:
· Car accidents
· Truck accidents
· Motorcycle accidents
· Pedestrian accidents
· Bicycle accidents
· Mass transit accidents
· Workplace accidents
· Medical malpractice
· Premises liability
· Product defects
· Construction accidents
· Criminal acts
· Nursing home abuse
Who can file a wrongful death lawsuit?
Each state has its own laws regarding wrongful death lawsuits, including who can file. Generally, there are different levels of interest that each state sets when it comes to survivor order. Immediate family members are first in the legal line of who can file a wrongful death lawsuit. This includes spouses, children, adopted children, grandchildren, and parents. Secondary family members are considered siblings, nieces and nephews, grandparents, aunts, uncles, and cousins. There may also be representatives of the victim’s estate who can file in order to benefit the estate. Any damages awarded in the lawsuit would then be distributed to heirs per the terms of the will, once all the victim’s final debt was settled.
What are the damages that can be pursued in a wrongful death lawsuit?
Medical expenses: Any medical expenses incurred trying to save the victim’s life, including ambulance transfer, emergency room treatment, hospitalizations, surgeries, medication, and more.
Funeral and burial expenses: All costs associated with funeral costs including caskets, cremation, cemetery plot, and more.
Loss of income: If the victim was a primary wage earner for the family, the survivors can pursue the expected future wages and benefits the victim would have provided. Benefits include health insurance, pension plans, and retirement plans.
Pain and suffering: These damages are for the mental anguish the survivors must deal with because of the victim’s death. It can include loss of care, loss of companionship, loss of guidance, loss of advice, and more.
Punitive damages: When there was criminal negligence involved in the victim’s death, the family may also be awarded punitive damages, which serve to punish the at-fault party.
Contact John K. Zaid & Associates for their insight into wrongful death.
Wrongful Death Lawyer in Houston, TX
When a wrongful death attorney, like a wrongful death lawyer in Houston, TX, agrees to represent the family of a victim who was killed in an accident caused by another person’s negligence, there are steps the attorney may have to take to prove that the unexpected death of the victim was due to someone else’s actions. Whether the accident was a vehicle accident, premises liability, product defect, medical malpractice, or some other type of claim, the following are different pieces of evidence that an attorney can utilize to prove their case.
Accident Reports: In any type of vehicle or mass transit accident where there has been a loss of life, there are two different reports that should be available. The first is an accident report and the second is a more detailed fatal accident report. A wrongful death attorney will obtain those reports immediately upon taking the case. These reports often provide indicators of other evidence the attorney may find useful in their case.
Emergency Call Records: Under the Freedom of Information Act (FOIA), citizens can request all recorded calls that come into 911 emergency call centers. All of these calls are digitally recorded, making a reproduction of records request fairly easy. These recordings often provide wrongful death attorneys with important evidence which can help prove their case, such as witness names and statements. In some states, names and other information may be protected, but an attorney can file a subpoena to request that information once the wrongful death lawsuit has been filed.
Event Recorder: If the accident involved a commercial vehicle or mass transit vehicle, there should be an event record which will contain vital information about what was happening leading up to the crash. An attorney may be able to obtain information about the speed the vehicle was traveling, any use of a horn, when braking occurred, and other critical information. Because there is always the risk that the at-fault party could destroy this information, it is critical to move quickly with your claim so the attorney can file the necessary legal documents to ensure these records are preserved.
Investigators/Experts: Depending on what type of accident took place, a wrongful death attorney may also consult with accident investigators and other experts in order to have them visit the site of the accident. It is important to obtain photographs of the scene as soon as possible in order to capture the conditions that existed when the accident occurred.
Autopsy: Whenever a person dies from apparent accidental death, or if there are questions regarding the circumstances of the death (such as in a malpractice case), it is crucial that a family member request an autopsy if the state is not automatically performing one. There can be important evidence that will help prove the case, as well as show the intense trauma the victim suffered before they died.
Contact a Wrongful Death Attorney Today
If you have lost a loved one due to the actions of someone else, contact a lawyer today to find out what legal recourse you may have against the at fault party.
Contact John K. Zaid & Associates for more insight into wrongful death.