Motor Vehicle Accidents
Chances are good that you don’t spend much of your time thinking about government agencies unless you’re a public sector employee, government contractor, or otherwise deal with government agencies as a function of your job. Yet, government agencies often play a quiet, influential role in many aspects of daily life. As a result, it is important for all American adults to have a basic understanding of the government’s major agencies and the ways in which they influence everyone’s day-to-day experiences.
From the ways in which the Food and Drug Administration keeps the nation’s food supply safer to the ways in which the Consumer Product Safety Commission keeps virtually every other product that Americans purchase safer, the missions of many of the government’s agencies focus on safeguarding everyone from an unreasonable risk of harm. Similarly, the National Highway Traffic Safety Administration (NHTSA) helps to keep travelers safer on American roads.
What Does the NHTSA Do?
As an experienced car accident lawyer – including those who practice at Council & Associates, LLC – can confirm, not every motor vehicle accident is preventable. There are times when so-called “Acts of God” occur, wild animals dart unexpectedly into the road, and other forces that are beyond anyone’s control manifest without warning and travelers sustain physical harm as a result. However, as an experienced lawyer can also tell you, such instances are statistically very rare.
Most of the time, accidents could have been prevented had one or more parties made sounder decisions. Oftentimes, it is those who are directly involved in the accident itself – motorists, commercial truck operators, etc. – who are to blame for injurious circumstances. Other times, it is a local government agency’s failure to properly maintain a road, an auto manufacturer’s failure to provide safe, functioning products, etc. that are to blame for injurious crashes.
The National Highway Traffic Safety Administration scrutinizes all of the reasons why vehicles crash and attempts to implement safety standards, policy reforms, industry practices, and educational awareness designed to minimize the risk that people in the U.S. will die or experience serious injuries while they are traveling by road.
Keeping an Eye on the NHTSA
Take a moment to think about all of the things that you search for randomly online every day. From recipes to sports scores, chances are that you spend a decent amount of your time doing armchair research with your smartphone, tablet, or laptop in hand. Consider taking three-to-four minutes once a month to Google “NHTSA” while you’re surfing for random information.
By taking the time to glance at headlines related to the NHTSA’s activities once a month for a few minutes, you’ll get a better sense of the auto safety issues that are affecting road travelers, whether there have been any significant safety recalls announced recently, and how auto safety reform efforts may affect you and your family. The NHTSA is one of those agencies that affects your life even if you’re not generally aware of its presence. By getting to know it a little better, you can expand your access to some potentially life-saving information.
Slip And Fall Accident Lawyer
People can suffer slip and fall accidents in many different settings, from grocery stores to outside someone’s home. These accidents result in millions of emergency room visits every year. As a slip and fall accident lawyer from Polsky, Shouldice & Rosen, P.C. can confirm, slip and fall accidents can cause many kinds of injuries.
Here are the most common slip and fall accident injuries.
During slip and fall accidents, people can hit their head on the ground or another object. They may sustain head injuries as a result. Common symptoms of a head injury include nausea, headaches, dizziness and loss of consciousness. While some head injuries are relatively minor and possible to recover from, others can drastically change a person’s life. Severe head injuries can lead to long-term behavioral, cognitive and physical changes.
A slip and fall accident can put immense pressure on many bones in the body. That’s why many people who suffer slip and fall accidents break bones in their arms, legs, hips and other body parts. Broken bones can cause a lot of pain and take a long time to recover from. If a bone is broken in more than one place, surgery may be necessary to repair it.
Sprains and Strains
People may also tear the ligaments in their ankles and wrists in a slip and fall accident, which can result in sprains and strains. Although sprains and strains might not be as serious as broken bones, they’re still nothing to make light about. They are painful and can make it difficult to perform normal activities, like getting dressed, bathing or cooking.
Spinal Cord Injuries
Spinal cord injuries are one of the most serious injuries someone can sustain during a slip and fall accidents. Signs of a spinal cord injury include muscle weakness, loss of bladder or bowel function, muscle spasms and problems with coordination. In severe cases, these injuries can result in permanent paralysis.
During a slip and fall accident, people may suffer cuts if a sharp object hits their skin. While these injuries are minor compared to other slip and fall accident injuries, it is still important to seek medication attention. Otherwise, you can put yourself at complications, like infection and permanent scarring.
Those who fall on their face during a slip and fall accident can suffer facial injuries, such as broken teeth, eye injuries and nose fractures. These injuries are very noticeable and can make accidents self-conscious about their appearance.
Slip and fall accidents don’t just result in physical injuries. They can also cause emotional injuries, like depression and anxiety. Emotional distress is serious and can make it difficult to go about your daily activities. If you experienced emotional distress after a slip and fall accident, you may want to consider going to mental health counseling.
If you were hurt in a slip and fall accident, you may want to contact a slip and fall accident lawyer today.
Car Accident Lawyer
Car accidents occur daily on California roadways and can cause a wide range of injuries. Some of these injuries are relatively minor while others can be life-changing. Our friends at Cohen Legal can tell you that if you were hurt in a car crash caused by another driver, you may be entitled to compensation.
Here are the most common injuries people suffer during car accidents.
Traumatic Brain Injuries
Car accidents are one of the most common causes of traumatic brain injuries. These can occur because of a blow to the head or violent shaking. Initial symptoms of a traumatic brain injury include dizziness, headache, nausea, loss of consciousness and blurry vision. Traumatic brain injuries can result in long-term cognitive, physical and behavioral problems.
Car accidents can involve a lot of force, so broken bones are common. Victims can break bones in their arms, legs, hips, ribs and other body parts. Broken bones are very painful and can impair mobility. While simple breaks may just need a cast, more severe breaks may require surgery.
As a Santa Monica, CA car accident lawyer can confirm, whiplash is one of the most common car accident injuries. Cars that are going at low speeds can even cause whiplash in an accident. The neck injury can cause neck pain and stiffness, headaches, shoulder pain and dizziness. However, symptoms may not always be obvious right away. It is still important to seek immediate medical treatment. If whiplash is left untreated for too long, it can result in chronic neck pain.
Compared to other car accident injuries, bruises might not seem like that big of a deal. Bruises are usually minor and heal fairly quickly. However, bruises can sometimes indicate a much more serious injury. If you have other symptoms, like nausea, blood in your urine, loss of motion, greater swelling or racing pulse, you may have a bigger injury.
Loss of Limbs
In a severe car accident, a person’s limb can be removed entirely or sustain such extensive damage that it must be removed through surgery. Amputation is a catastrophic injury and can result in the need for long-term rehabilitation, assistive devices and prosthetics.
During a car accident, you can come into contact with a hot engine or spraying liquids, which can cause burn injuries. Burns cause excruciating pain and can come with many complications, like infections, breathing problems, fluid loss and disfigurement. You may also require skin grafts.
It’s possible to sustain facial injuries during a car accident, like tooth loss, bone fractures, eye injuries and lacerations. These injuries are noticeable and can affect your self-esteem.
Car accident injuries are not just physical. Some people can suffer emotional injuries after an accident, like depression or post-traumatic stress disorder. They may lose interest in their favorite activities or even have recurring nightmares about the accident. Attending mental health counseling may be helpful.
If you have sustained injuries in a car accident, you should contact a car accident lawyer as soon as possible.
If you and your spouse have ultimately come to the difficult agreement that it is in each other’s best interest to seek a divorce, then you should contact a trusted divorce lawyer. It’s an emotionally overbearing process no matter how amicable the separation is, and working with a lawyer, such as one of the lawyers at Kempen & Company, can relieve you of the potential legal and financial stress through this journey. The best legal approach to the divorce will depend on the nature of the separation and how much you and your spouse agree to go about the proceeding. Regardless of how good-natured the divorce may be, there are some universal communication tips to consider. We’ve compiled a number of communication factors to consider as you and your spouse move forward with the divorce.
Though this is a sensitive, life-altering event for each of you, keep in mind that your marriage was a legal contract. With that in mind, you must focus on making practical decisions, no matter how hard it may be at first. In terms of communication, remaining professional and respectful towards your spouse will always be in your best interest. If you do begin to cause strife and be the initiator of strenuous conflict, such as fighting, shouting, or even verbally abusing, this will give your spouse a lot of leverage in the legal proceeding. To achieve the best form of fairness, do not pursue any form of retaliation against your spouse.
Consider A Mediator
If you and your spouse are in a heated situation and cannot find it productive to speak to each other directly, it could be in your best interest to use a trustful mediator. This mediator should feel like a third party and not create a bias towards either side of the divorce. You want to be able to look back on this process in the future and know you handled this transition in the most respectful manner.
Establish Your Own Boundaries
Because this is a matter of business, you want to be specific and intentional in how you communicate and work with your spouse as you divide your assets. Setting boundaries is significant to your mental health and also your family’s. To protect your children, it is advised that you do not discuss your divorce matters in front of them, and you especially do not want to stir any type of heated argument in front of them either. Decide which way is the best way for you and your spouse to communicate. This will be unique to the nature of your relationship – you want to establish if you are going to communicate via text, phone call, and/or email. Additionally, set a boundary for how much and how often you talk to your spouse. And be aware of what you put in writing to them.
Focus On What Needs To Get Done
While the divorce is in progress, it is ideal to just stay focused on the practical issues at hand. Topics like discussing present and future finances and what’s best for your children are far more productive than getting wrapped up in what may be a continuous argument between each of you. In other words, stay on track with the legal and financial matters until the divorce is final.
When you are looking for a motorcycle accident lawyer, it is important to choose the right one. A good motorcycle accident lawyer will have experience with motorcycle accident cases and know what to expect from the process. They also need to be able to help you get the compensation that you deserve.
Choosing a motorcycle accident lawyer with experience is important because it means they have handled many cases like yours before. They will know what to expect and how to handle the situation. This can make all the difference when it comes to getting compensation from an insurance company or reaching a favorable settlement in court.
Knowledge of the Law
The laws governing motorcycle accidents vary from state to state, so it’s important that your lawyer has knowledge of the law in your state. If your motorcycle accident lawyer attorney in Tulsa doesn’t know all there is to know about motorcycle accidents, they may not be able to represent you properly or effectively. It’s also important that they have experience representing clients who have been hurt in motorcycle accidents.
You a Tulsa motorcycle accident lawyer who knows what they’re doing when it comes to getting compensation for injuries sustained due to someone else’s negligence and failure to follow safety rules while operating their vehicle on public roads or highways.
Strong Work Ethic
Another thing to look for is whether their work ethic is strong enough to handle your case. Some lawyers may be good at what they do but lack certain character traits that are needed to succeed in this kind of case.
You don’t want someone who is going to give up on your case because it’s hard or because it’s taking too much time away from something else. This will only hurt your chances of getting what you deserve out of the situation because they simply aren’t motivated by money as some people might be in this field.
You also want someone who has a reputation for getting things done. This means that they have a history of successfully representing their clients and winning cases for them. You can find out about this by asking around or doing some online research on them. It’s important to know whether the lawyer has a reputation for being honest, ethical, and hardworking.
Consider if They Have Enough Time for You
The first thing that you should look for when choosing a motorcycle accident lawyer is whether they have enough time to devote to your case. Also, you need to know whether or not they can meet with you as soon as possible after your injury occurs so that they can begin working on it right away instead of having to wait until later on down the road. By choosing the right Tulsa motorcycle accident lawyer from Wandres Law, P.C., you are giving yourself the best chance of a successful outcome.
Car Accident Lawyer
Not all car accidents are the result of driver-related errors, negligence, or intentional wrongful conduct. Sometimes, the fault lies with the vehicle itself—whether in its design, manufacture, or maintenance. Importantly, for victims in accidents caused by vehicle defects, legal recourse does exist in the same way as it does for non-defect-related accidents.
Products liability law (rather than negligence or battery) applies to this area of car accidents and allows victims to rightfully seek compensation for medical bills, lost income due to missed work, pain and suffering, and the cost of vehicle repair or replacement. In some car accident cases the victim may also be awarded punitive damages. This occurs when the acts of the at-fault party were especially unacceptable, such as when the manufacturer knew about the defect but hid this information instead of addressing it.
With the aid of an experienced car accident lawyer, the existence of a defect can be proven and compensation sought for the subsequent consequences the victim suffered because of the defect.
Manufacturing Defects May Have Dire Consequences
Cars are complex machines, and with the nation’s roads and highways being lawfully traveled at speeds of up to 70 mph, injuries and property damage stemming from a vehicle defect-related accident can be severe.
One common type of defect is “unintended acceleration,” which affected Toyota vehicles made in or around 2009 and Audi vehicles in the 1980s. There is also the problem of tire separation, which, due to poor quality adhesives, caused tire treads to separate while the vehicle was being operated. When tire separation occurs on vehicles, the result can be improper maneuvering and accidents in which serious injuries resulted.
One of the biggest and still-ongoing recall is the Takata exploding airbag recall, which began in 2008. As of 2022, more than 67 million airbags have been recalled, with 11 million airbags still not replaced.
Other manufacturing-related defects include ignition fires and inadequate engine mounts. In each of the above scenarios, all parties in the chain of retail may be held liable for the accidents and resulting injuries caused by defects. The theory of this type of chain liability is that at each stage – design, manufacture, and retail – the parties seeking to profit from vehicle and component part sales had both the opportunity and duty to diligently and accurately inspect for dangerous defects. When this duty to safeguard consumers is abrogated, liability may be imposed.
The Existence of a Defect Must Be Proven
Unlike in accidents caused by a negligent driver, the process of establishing both defect and causation in an accident caused by a design or manufacturing defect requires the gathering and presentation of evidence. These cases are complex and require the legal expertise and skill of an experienced car accident lawyer.
Personal Injury Lawyer
If you have been injured in a personal injury accident, it is important to seek legal counsel as soon as possible. Many people wonder when is the right time to hire an attorney for a personal injury case. The best time to hire an attorney is right after the accident has occurred. This will ensure that your lawyer has enough time to investigate the accident and gather evidence.
Personal Injury Claim Statute of Limitations
It is also important to hire an attorney as soon as possible because there may be a statute of limitations on your case. Many personal injury cases are settled out of court, so it is important to have an attorney on your side who can negotiate with the other party’s lawyer. An attorney will also be able to help you file a lawsuit if necessary.
- Attorney will help investigate accident and gather evidence
- Can negotiate with other party’s lawyer
- Will file a lawsuit if necessary
- Peace of mind knowing you have an experienced professional on your side
Attorneys also see things differently than the average person when it comes to these cases. Handling a personal injury case on your own is not a good idea. You may make costly mistakes that you will not be able to fix. A personal injury attorney is an expert in his or her field.
Finding an Attorney
Finding a good attorney is important. When looking for an attorney, it is important to choose one who has experience in personal injury law. Ask friends and family members for recommendations, or do some online research to find a lawyer who is the best fit for you. It is also important to meet with the attorney in person and ask questions about his or her experience and track record. Be sure to ask about the fee agreement and how the lawyer will be paid. Most personal injury lawyers work on a contingency basis, which means they will not receive any payment until you win your case.
The personal injury lawyers at John K. Zaid & Associates can help you.
Part of life means coming to terms with the fact that we are only here temporarily, and what we have built over a lifetime must be distributed to future generations. But in order to do that, we have to establish an estate plan and then choose beneficiaries who will inherit our assets and continue our legacy. As an estate planning attorney explains, if you have ever wondered who you can pick as beneficiaries, here are some examples of who you can choose.
Most people choose their family members as beneficiaries for an estate plan, but this is by no means required, since who you want to have your assets will depend on your life circumstances and your relationships. Choosing a beneficiary is a personal decision that can only be made by the person writing it. You will know in your heart who is the right person to essentially give a portion of your legacy to. Family members that you may choose to have assets after you have passed on can include your spouse, children, immediate family members, extended family members, aunts, uncles, cousins, and any other relatives that you are close to.
It isn’t uncommon for people to leave some form of asset to their closest friends. After all, friends can even become more like family than our biological relatives can be. As they say, we choose our family, and your family may very well be your friends. By law, friends are not automatically considered as candidates for inheritance, so you will need to write an estate plan and clearly state who you want to receive certain assets after your death. If you pass away without a will, then the court will decide who and how much of your assets are distributed based on state intestacy law, which is not likely to include people who are just your friends, since the law does not extend to these individuals.
If there is a charity organization that means something to you, then you may want to include them in your estate plan as a beneficiary. You may want to reach out to this charity organization to let them know about your plans, so that when you pass away, they can anticipate receiving the assets and can help make sure that they are distributed properly. Perhaps you feel connected to a charity that rescues animals, a women’s shelter group, or food drive organization, among many others. For help with choosing your beneficiaries, consider talking with a lawyer who can offer further guidance, similar to the team at Silverman Law Office, PLLC.
Choosing your beneficiaries is perhaps one of the most important tasks that you will face when writing your estate plan. This is because these individuals or organizations are going to receive what you have built over the course of your life. But if you don’t take steps now to devise an estate plan, then you risk your assets being given to those that you would not want to have them.
Premises Liability Lawyer
For those caring for a senior, the worrying possibility of a slip and fall always seems to be on the horizon as a premises liability lawyer well knows. This worry is especially relevant if your loved one has decided on an aging in place strategy. According to the National Council of Aging, over 60% of senior falls occur inside their own house.
With that understanding, it becomes pertinent to actively make your elderly loved one’s home as fall-proof as possible. While there are no ways to absolutely fall-proof a home, the Home Care Nursing specialists have provided seven ideas to promote fall prevention within the home.
- Install graspable bars in the bathroom
The bathroom is statistically one of the most likely places for a fall to happen. Slippery tiles and water puddles often coalesce to create a scenario for a slip and fall. You can help mitigate this by installing grab bars near the bathroom and shower for easy mobility.
- Brighten the lighting
To help lessen the possibility of a fall, it helps to brighten any dim corners. Replace light bulbs and ensure that entryways, exits, and stairs are illuminated.
- Create clear pathways
For senior homes, it helps to ensure that heavily trafficked areas have clear pathways. Move furniture, rugs, and any sharp corners out of the way. The goal is to have a three foot wide pathway to get from room to room with no obstacles.
- Enlist the help of a home health aide
Sometimes the best way to help with fall prevention is another pair of eyes! A home health aide can be with your aging loved one when you cannot. They will conduct wellness checks, ensure safe passage from room to room, and help with other fall-preventative measures.
- Use rubber backed rugs
Rugs can be a major trip hazard if they do not grip the floor. Replace all loose rugs for ones that have a rubber backing. This will add traction to the rug and be less of a possibility of a trip and fall.
- Regularly de-clutter
One of the best ways to ensure a home is fall-proof is to regularly declutter. Make sure grandchildren know to put their toys away, put laundry away after folding it, etc.
- Keep heavily used objects in arm’s reach
To ensure that your loved one is never in a situation where they are overextending, keep all objects within arms reach. Have nightstands close to the bed, move pertinent documents to lower shelves, etc.
Don’t Be Unprepared: 5 Emergency Items for Your Vehicle
Nothing’s more stressful than being in an accident, especially if you weren’t prepared for the aftermath when you will need a truck accident attorney residents trust. If you keep certain emergency items in your car at all times, you can be better prepared in case you get into an accident, or need to help someone else who has been involved in one. Our friends at David & Philpot, P.L. recommend these five essential items to keep in your car at all times to help make sure you’re as prepared as possible should the worst happen.
- First Aid Kit
A first-aid kit is a must-have for any vehicle, as it can be used in the event of an accident or sudden illness. We recommend keeping one with you at all times. You never know when someone will need your help, so be prepared! What should you keep inside your first aid kit? Below are some common supplies that should be included.
- Bandages and gauze pads
- Antibiotic ointment
- Scissors and tweezers
- First aid manual
- Burn cream
- Eye wash solution
We highly recommend adding prescription medication if necessary, as well as items such as Tylenol and cold packs. Keeping these items handy will ensure you are ready for anything!
- Automobile Tool Kit
In order to avoid being stranded, you should always keep the following items in your car or truck when traveling.
- A cell phone charger (to charge your battery if you run out of juice)
- Tire changing equipment (this includes a jack and tire iron)
- Flashlight with extra batteries
- Jumper cables
- An ice scraper and snow brush
- Fire Extinguisher
A fire extinguisher is an important item to keep in your vehicle because it can help put out fires. It’s also important to note that a fire extinguisher should be used as a last resort, and it should never be used on an electrical fire. The best way to use a fire extinguisher is by pointing the nozzle at the base of the flame and pulling the trigger. Be sure not to pull the trigger when there are people nearby who could get hurt. It may be wise to have more than one fire extinguisher in your vehicle if you have a large vehicle or tend to haul things such as RVs or trailers.
- Road Flares
If you’re driving in the dark, it’s always a good idea to have flares in your car. You never know when you might need them and they can also be used as distress signals. And even if you’re not in an accident, you may need them if your car breaks down or gets stuck on the side of the road. It’s always better to be prepared than caught off guard.
- Battery-Powered Radio
A battery-powered radio is a must-have for any vehicle and is the perfect way to stay informed about what’s going on during an emergency. Whether you’re trying to find out about an evacuation route, monitoring the latest weather conditions, or listening for critical updates from local authorities, you’ll be glad you have one with you.
These emergency items can all come in handy, but if you find yourself the victim of a truck accident, then you should contact a truck accident attorney for help immediately.
If you have recently decided that you need an estate plan, congratulations! You are one step closer to preserving the financial future of your family. However, it is important to understand that, when it comes to estate plans, one size does not always fit all. In fact, there are many situations that may require special consideration. The following are a couple of common issues that families need to address in their estate plans. For more detailed information about your situation, contact a wills lawyer.
Special Needs Children
Children who have special needs are often entitled to government benefits to help ensure their medical and daily care needs are met. Unfortunately, when parents, siblings, or other family members leave them behind an improperly planned inheritance, their benefits can be placed at risk.
Without a qualified special needs trust, should a special needs person receive resources greater than two thousand dollars or have income that exceeds three times the federal poverty limit, they would lose their eligibility for SSI and Medicaid. Furthermore, requalification would necessitate that the individual depletes their financial resources in order to be able to eligible for reinstatement of those public benefits.
Rather than enhance their lives, the inheritance ends up being spent on their daily needs. Parents and loved ones can avoid this risk by taking the time to speak with an attorney about the child’s specific needs.
Today’s modern family often includes children from previous marriages or stepchildren. Unfortunately, what a lot of parents and stepparents do not know is that assets do not automatically go to step-children or to children from previous marriages. Instead, they go to the surviving spouse. And, unless a surviving spouse has made provisions for their stepchildren, those assets will go only to the surviving spouse’s biological children or heirs. The only exceptions to this rule are when a stepparent has either adopted the children as their own, or provisions have been made for the children in either or both of their parents’ wills.
There are a number of ways that parents can provide for stepchildren or natural children left behind with a stepparent. They can set up a special trust, or they can simply ensure that both wills include provisions for the children. An attorney can help you decide which options may be most appropriate for your family’s situation.
Contact an Estate Planning Law Firm
Wills are just one part of an estate plan. Many people also set up trusts, draft power of attorneys, and more. If you would like to find out what type of estate planning tools would be beneficial for your family, a wills lawyer can help. For help with your estate plan, contact a skilled attorney, like a wills lawyer from the Law Firm of Iowa. Take the steps to make sure your family is protected when you are no longer here.
A trust is an estate planning document that allows you to easily transfer assets after your death. Although many people know the basics of trusts, there are still many misunderstandings about them. If you plan on establishing a trust, it is important to know the facts.
Here are some common misconceptions about trusts that you shouldn’t believe.
If I Already Have a Will, a Trust Is not Necessary
A will is definitely a useful estate planning document. However, it is important to understand that trusts and wills serve different purposes. A will has to go through probate, so your beneficiaries may have to wait a while to receive their inheritances. If you want them to receive certain assets quicker, you may want to put them in a trust.
Trusts Can Only Benefit Family Members
Trusts can certainly be set up to benefit your family members. However, they can also benefit several other things. For example, if you have a pet, you may wish to leave money in a trust to pay for your pet’s care if you should die suddenly. You may also specify a guardian for your pet and instructions for its care. Additionally, a trust can benefit businesses and charities.
Trusts Are too Expensive to Set Up
It is true that it costs more to set up a trust and it does a will. However, for many people, the extra costs are well worth it. For one thing, a trust can help your family members avoid probate court, which can be more expensive.
I Can’t Control Assets in a Trust
If you have established a revocable trust, you can have full control of your assets when you’re alive. On the other hand, if you have an irrevocable trust, you will not have control of the assets in it. However, irrevocable trusts do have their own unique benefits. They may be able to protect some assets from creditors and reduce estate taxes.
It’s Always Best to Appoint a Family Member as Trustee
People frequently appoint a family member as trustees on trusts. However, it actually is not advisable to name a relative as trustee because it can strain family dynamics. In fact, more family fights may break out, which can put more stress on everyone. It may be a wiser idea to appoint a neutral third-party, such as a law firm, as trustee, as they will remain impartial.
Trusts Are Just for the Rich
It is still frequently assumed that only very wealthy individuals set up trusts. While it is true that many rich people have trusts, those with more modest incomes can have trusts as well. In fact, people of average incomes benefit greatly from establishing trusts.
Employment Litigation Lawyer
No one should have to deal with sexual harassment at work. Every person deserves to work for a company that doesn’t allow unwanted inappropriate interactions between coworkers to happen. Sadly, many times sexual harassment happens between a person of authority and another employee, to which the latter is made to feel like if they do not reciprocate that their job will then be in jeopardy. No one deserves to be put in such a situation. So if this is true for you or someone else that you are worried about, then now is the time to intervene by contacting a lawyer and recruiting help from law enforcement as well.
As an employment litigation lawyer from Eric Siegel Law explains, if you aren’t sure if what you or another person has experienced is in fact sexual harassment, consider these signs that it probably is happening.
You Feel Discomfort
If something does not feel right to you, then you’re probably correct. Our body sends us signals even if we cannot fully decipher what is wrong or not. Listen to your body and how it responds in certain situations you are put in. Do you cringe or feel compelled to pull away? Do you feel embarrassed, disgusted, or just the ick? To figure out if someone’s behavior is of a sexual nature and offensive is one that each person will have to decide for themselves. But ultimately, unwanted interactions of a sexual tone constitutes as sexual harassment.
You Saying No Is Not Heard
It’s not against the law to date a coworker, but it’s usually not a good idea. But if someone makes unwanted romantic advances at you while working and you have already said no, it can turn into an illegal sexual harassment situation if they don’t stop. If this person continues to let you know they are interested in you romantically and persists despite your declines, that may indicate sexual harassment is happening to you, and must be intervened and stopped immediately.
Sexual harassment is considered a form of sex discrimination, and is against the law when it happens in the workplace. One primary sign that harassment may be happening to you is if you are getting different treatment compared to others based on your gender. For instance, if your manager treats one gender differently than those of the opposing gender, this differential treatment could be a form of discrimination. If you are treated adversely in a harmful way based on your gender, this conduct may point to sexual harassment.
Workplace bullying can demoralize everyone, and may be based on romantic or sexual advances which result in a hostile workplace environment. If someone is teasing you about your body, sexuality, gender, or attempting to force you into a date with them, you may be the victim of workplace sexual harassment. Bullying should not be tolerated, as it can have devastating and long-term consequences on the victim. Bullying can have a sexual connotation, and the offender must be halted and held accountable before it can continue.
If you or a loved one are in need of counsel regarding an upcoming divorce, contact a divorce lawyer clients trust. Divorce can be a messy, confusing, and emotional time for those involved. Thankfully, you do not have to navigate this process alone. An experienced divorce lawyer can help you every step of the way, ensuring you fight for what you deserve. The following are two myths regarding divorce. Hopefully these debunked myths with clear up any confusion surrounding divorce, and help clients ensure their divorce process goes as smoothly as possible.
Social media can be a helpful tool to help clients vent about their divorce and spouse, and a means to air out all their dirty laundry without consequence. This myth could not be farther from the truth, as divorce lawyers actually advise their clients to do the exact opposite. Social media can drastically change the outcome of a divorce. Once something is posted onto the internet, it remains there, and anyone can have access to it. For example, if a client posts a negative comment about their spouse on social media, those comments could be used in a trial to sway the judge of the misconduct of the client. Child custody can be greatly affected if a client chooses to bash their spouse on social media or involve the kids in the divorce in any way. Coercing children to side with one parent or the other will not help a custody battle, but will ultimately harm it. Wise divorce attorneys such as those from the Law Office of Daniel E. Stuart, P.A. encourage their clients to stay away from social media throughout the whole divorce process. Clients would benefit from listening to their divorce lawyer’s counsel as they only want their client’s best interest and understand the complexities of divorce, trials, and what a judge will look for.
Divorce lawyers only take their client’s money without really helping them. This statement is false on two accounts. Yes, divorce lawyers do cost money, but they can also save their clients financially, emotionally, and mentally. Imagine if clients tried to divorce without the wise counsel of their attorney, they could settle with their spouse without fully understanding what they rightfully deserve and should financially fight for in the distribution of the assets. Divorce lawyers do more than just provide wise legal counsel to their clients, they also explain the client’s legal rights, evaluate their assets, handle paperwork, maintain state and federal laws, determine fair divorce settlement, create a plan for debt payment, aid in child and spousal support, and represent their clients in court. A divorce lawyer communicates to the client’s spouse and their attorney on behalf of their client, shielding their client from potential emotional distress. Unfortunately, divorce tends to bring out the worst side of people, causing them to say hurtful, and often untrue statements. By allowing your divorce attorney to represent you, and speak on your behalf, you shield yourself from those hurtful comments. Don’t go through a divorce on your own, but allow a divorce attorney to ensure you are well protected and fought for.
If you are contemplating a separation or divorce, then you made have heard the terms post-separation support and alimony during your preliminary research. Post-separation support is a quick and temporary solution to make sure a spouse who has been financially dependent on the other has enough money to support themselves until either the agreement ends, alimony is awarded or denied, or the lawsuit requesting spousal support is dismissed. Alimony is paid to a spouse or ex-spouse for maintenance and support and can be for a specified time period or indefinite, depending on the agreement made by the parties or order by a judge.
Am I a dependent or supporting spouse?
A family law attorney can help you determine which category, if either, you fall in. A dependent spouse, whether husband or wife, is one who relies substantially on the other (supporting) spouse for financial support and maintenance. Some of the factors that a judge will consider when determining if you are a dependent or supporting spouse include the income and expenses of both parties, the marital standard of living, earning potential of both parties, and many others.
How much alimony can I get?
The amount and duration of alimony are determined by comparing the needs and expenses of each spouse, the ability of the supporting spouse to provide for those needs, the actual income of the parties at the time of the lawsuit, the earning potential of each party, and any other factors a district court judge considers relevant. A divorce lawyer will argue to the judge that the supporting spouse should pay alimony to ensure the dependent spouse is able to maintain the marital standard of living, which is the ultimate goal of alimony. The duration of alimony payments can depend on how long the spouses have been married and how long the dependent spouse has relied on the supporting spouse or in some cases the alimony may be a one-time lump sum of money.
If I quit my job, can I stop paying alimony?
No, it is probably a bad idea to intentionally quit your job in an effort to avoid paying spousal support. If you do, a district court judge will most likely hold you in contempt and probably fine you. Then you will owe even more money for attorney fees in addition to the alimony the judge will ultimately make you pay. Also, if you intentionally decrease your income prior to an alimony trial so that your ex-spouse gets less, a judge can impute income on you (pretend you make money) and require you to make the payments anyway. If you do this, you should really consider hiring a divorce lawyer because it is a terrible idea and will get you in trouble.
Can a divorce or separation lawyer help me file for alimony?
Yes, a divorce or separation lawyer can file the required documents, negotiate a settlement, or even go to trial if necessary. Hiring a reputable divorce attorney from a law firm like Garrett, Walker, Aycoth & Olson, Attorneys at Law, PLLC, to assist in this process will help to ensure that you receive all that you are entitled to.
Car Accident Lawyer
The effects of a car accident can be far-reaching and varied. From physical pain to emotional trauma responses, financial burdens to practical inconveniences, car accidents can affect virtually all aspects of an injury victim’s life. While some of these effects are generally temporary, others are long-lasting. For example, acute injuries – such as bruising and broken bones – will generally heal within a matter of weeks or months. However, car accidents can often lead to the development of chronic conditions, such as knee or back pain that never fully resolves.
Many car accident victims experience injuries to the head, face, and jaw as a result of the force of impact associated with serious crashes. Whether they slam their head on a window, whip it to the side as an airbag expands, or suffer a traumatic blow as debris from the accident flies around the vehicle, it isn’t difficult to understand why so many crash victims experience this particular class of injuries.
As time passes, many injury victims discover that their injuries seem to be manifesting in new ways. What had started as constant headaches has evolved into a significant sensitivity to light. Or neck and shoulder pain has migrated over time to become a chronic headache problem. Many injury victims even start to manifest symptoms that are commonly associated with temporomandibular (TMJ) disorders. Does this mean that car accidents can cause TMJ?
What Is TMJ?
As an experienced TMJ treatment specialist can explain in greater detail, temporomandibular disorders affect the temporomandibular joint, which attaches someone’s jawbone to their skull. Just like knees, elbows, wrists, and ankles, there are two temporomandibular joints that are placed in parallel positions on the body. TMJ disorders affect these joints negatively, often resulting in pain and/or limited range of motion in the joint(s) in question and/or in the muscles near the joint(s) that control the motion of the jaw.
What Causes TMJ?
TMJ can be caused by many influences, from genetics to arthritis to bruxism, which is chronic teeth grinding. With that said, many patients develop TMJ not due to a single influence but due to a confluence of factors. And this is how car accidents can potentially either “cause” or contribute to the causes of TMJ.
Say that you are prone to clenching your jaw when you’re stressed out. You’ve developed some awareness of this challenge and learned, over a period of many years, to be mindful of that clenching so that you can minimize this response when you’re under stress. Yet, in the wake of a severe car accident, your body and mind are both so stressed out that the clenching becomes virtually uncontrollable. You wake up in the morning in pain because you’ve been clenching your jaw all night, through no conscious fault of your own. Eventually, it becomes hard to eat and hard to talk and hard to function during the day because your jaw hurts all the time.
Whether a car accident has contributed to jaw misalignment, clenching or grinding, inflammation associated with arthritis, or a host of other factors, there are – indeed – ways in which car accidents can effectively cause or contribute to the causes of TMJ.
Personal Injury Lawyer
If you’ve sustained injuries in an accident caused by someone else, you may be entitled to compensation. However, in order to receive that compensation, you have to file a personal injury claim. There are many misunderstandings about the claim process, and it’s important to get your facts straight.
Here are some common misconceptions about personal injury cases.
Personal Injury Claims Can Be Filed At Any Time
This is one of the most detrimental myths about personal injury claims. The truth is that you only have a certain amount of time to pursue a personal injury claim. In Wyoming, the statute of limitations to file a claim is four years from the date of the injury. While that might seem like a long time, you still don’t want to procrastinate. It’s wise to discuss your case with a lawyer promptly.
If You Were Injured, You’re Guaranteed Compensation
Unfortunately, this isn’t true either. Even if you were legitimately injured in an accident caused by another party, it doesn’t guarantee that you will win your personal injury case. All personal injury cases are unique. If there isn’t strong enough evidence to prove that the other party caused your injuries, you may have trouble obtaining compensation.
Minor Injuries Don’t Warrant a Personal Injury Claim
Just because you didn’t suffer a traumatic brain injury or other life-changing injury, doesn’t mean that you shouldn’t file a personal injury claim. Even seemingly minor injuries can cause pain and result in expensive medical bills. You deserve to be compensated for that.
The Negligent Party Will Have to Pay Out-of-Pocket
Some people may feel guilty about filing a personal injury claim because they assume it will leave the at-fault party bankrupt. However, in most cases, the at-fault party’s insurance company will take care of the damages.
Filing a Personal Injury Claim Is Too Expensive
Some injury victims are reluctant to file a personal injury claim because they assume it’s too costly. However, the good news is that most personal injury lawyers work on a contingency fee, which means they take a percentage of their clients’ settlement at the end. If you don’t win your case, you won’t owe your lawyer money.
If I File a Personal Injury Claim, I’ll Have to Go to Trial
That is not necessarily true. The majority of personal injury cases never see a courtroom. Instead, they get settled out of court. However, if your personal injury lawyer is not able to reach a fair settlement with the defendant’s insurance company, it may be necessary to go to trial.
Personal Injury Claims Are Just for Physical Injuries
Personal injury claims are often associated with physical injuries, like concussions and broken bones. However, accidents can also result in emotional injuries, like depression and anxiety. If you suffered emotional distress after an accident, you may be entitled to compensation for that.
En el lugar de trabajo es donde permanecemos la mayor parte de nuestro dia, alguna veces inclusive más que en nuestro propio hogar, por consecuencia es probable que pudiéramos accidentarnos si no tomamos ciertas precauciones, si usted, un compañero de trabajo o un familiar ha sufrido un accidente en el trabajo, en necesario se asesore legalmente con un experto Abogado de accidentes.
Entre los accidentes laborales más comunes se encuentran:
1. Caídas y Resbalones. Las caídas y resbalones es uno de los accidentes más frecuentes en la industria laboral, la prisa, el trasladarse de un lugar a otro y tener en mente actividades que realizar, distrae al individuo de su entorno y este puede tropezar, resbalar y caer. Estos accidentes pueden ser evitados asegurando que el área por la cual se transita esté libre de objetos, materiales, etc que pueden provocar un accidente, así como líquidos derramados, piso muy pulido o de material inadecuado.Las caídas pueden suceder al mismo nivel del piso que son las menos graves a caídas desde altura que podrían ser fatales.
2. Golpes en la cabeza. Los golpes en la cabeza son comunes dentro del área de trabajo, estos accidentes ocurren cuando existe desorden dentro del área de trabajo, el individuo no pone atención al momento de levantarse e impacta la cabeza contra un objeto denso, otra de las situaciones ocurre cuando es impacto de altura, por lo general, alguien está trabajando en las alturas y algún objeto se desprende y cae sobre la víctima. Los golpes en la cabeza son accidentes que pueden ocasionar lesiones leves o fatales.
3. Heridas o lesiones en extremidades superiores e inferiores. Las lesiones en brazos, manos, piernas y pies ocurren en el área laboral frecuentemente por el uso inapropiado de herramientas, también, por accidentes de compresión o aplastamiento, en los dos casos puede generar heridas de leves a graves desde moretones hasta pérdida del miembro. Los brazos y piernas son fundamentales al momento de realizar cualquier actividad.
Estos accidentes se pueden disminuir siguiendo reglas, procedimientos y políticas internas de seguridad e higiene dentro del área laboral. Es responsabilidad del empleador otorgar capacitación y todo el equipo de protección personal necesario para realizar una operación por más sencilla que esta sea.
Recomendaciones para evitar Accidentes Laborales
En el área laboral es importante tomar estas recomendaciones para evitar accidentes.
Las caídas y resbalones. Se puede evitar colocando superficies antiderrapantes en areas de trafico, delimitando áreas de tráfico de maquinaria y peatonales en el área de trabajo (sobre todo si es en area industrial), colocar letrero de superficie húmeda o mojada si se encuentra líquido derramado o se acaba de realizar limpieza de pisos, no derramar líquidos o aceite, promover áreas iluminadas para evitar caer por tropezones, cada cosas en su lugar espacios libres. En las actividades laborales en alturas es necesario que el empleado siempre se coloque arnés y línea de vida.
Golpes en la cabeza. Es conveniente dependiendo del área laboral, sobre todo en la industria maquiladora y en la construcción que el empleado porte un casco de seguridad con el cual evitará lesionarse de gravedad.
Heridas en extremidades. Es necesario que el empleado se encuentre capacitado para realizar cualquier tipo de operación y cuente con las herramientas adecuadas y con previo mantenimiento para realizar sus actividades laborales.
Si usted, familiar o compañero laboral ha sido víctima de un accidente de trabajo es necesario se comunique con uno de los abogados de la firma de Unidos Legales, ellos le ayudarán con su caso para que usted obtenga la compensación que merece.
Litigation Law Firm
If you have been hurt in an accident caused by someone else’s negligence, you may be entitled to receive compensation. One of the next steps you should take is to set up a meeting with an experienced personal injury lawyer. A lawyer can assess your case and advise you the best way to proceed.
Here are a few tips for preparing for your consultation with a personal injury lawyer.
Research the Law Firm
Before your first meeting with a personal injury lawyer, it is important to know at least something about the law firm he or she works for. Take the time to research the law firm online. Not all law firms are the same. Some have better credentials than others. When you are browsing the law firm’s website, read about the practice area, each lawyer’s credentials and case results. If the website includes client testimonials, check those out as well. In addition, you may want to read client reviews on sites like Yelp.
Prepare Relevant Documents
If possible, you do not want to go to your initial consultation empty handed. The more information your lawyer has to go on, the better he or she can assist you. For example, you may want to bring a copy of the police report, medical records, medical bills and photos of the accident scene. If you wrote down the names and contact information of witnesses, you should bring those too.
Be Prepared to Discuss Your Case
During your first meeting with a personal injury lawyer, expect to be asked a lot of questions about your case. He or she may ask how the accident happened, who was involved, the types of injuries you sustained and the type of medical treatment you have received thus far. Your lawyer may also want to know if you spoke to the at-fault party’s insurance company. Be completely honest with your lawyer and include as many details as you can.
Write Down Your Questions
Your lawyer should not be the only one asking questions during the consultation. It’s always important for you to prepare your own list of questions. You may want to find out about your lawyer’s experience and credentials, for example. You may also want to ask about the strengths and weaknesses in your case and how much it may be worth. Write your questions down on a notepad so that you do not forget them.
Do not Be Afraid to Ask for Clarification
During your initial consultation, your personal injury lawyer may throw a lot of information your way. He or she may also mention legal terms that you do not understand. If you are not clear about something, do not hesitate to speak up. It is important to have the correct information.
Personal injury accidents can be costly. Paying off the bills for your medical treatment, missed wages, pain and suffering, and other losses can be a long and painstaking process. Fortunately, there are things that you can do to ensure that you have the highest possible compensation amount. Keep the following tips in mind if you hope to increase your settlement amount and get the maximum compensation that you deserve.
Get Medical Treatment Immediately
See a doctor right away if you have been in any kind of personal injury accident. Whether your injuries are minor or severe, it is crucial to get immediate medical attention. The insurance company will likely ask questions regarding what kind of treatment you sought after the accident. If you did not seek treatment right away after an accident, they may argue that you did not really suffer any harm to justify increasing your compensation. The sooner you get medical attention the higher your compensation may be.
Preserve All Evidence
Take as many photographs and videos possible after a personal injury accident. The more evidence that you have to present, the better. Do not worry if you think or are not sure that your collection of evidence will be useful enough. A skilled personal injury lawyer like one from Ward & Ward Law Firm will not hesitate to tell you that you should preserve all evidence, even the ones you don’t expect to be meaningful. It is better to have too much evidence than not enough. It will be the lawyer’s job to review the evidence and determine which will be most useful for your case.
Write Down Your Account
As soon as you are able to, right down your account of the accident. Write down everything you remember about what happened in the moments leading up to the accident and afterward. Include details such as what you have witnessed, heard and the people involved. You should do this as soon as possible while your memory is fresh otherwise she could forget important information that can help to build up your case. Share your account with the lawyer during your consultation so that they can get a better understanding of your case.
Account For Future Expenses
When you are determining calculations for possible damages you can recover, do not forget about future and potential expenses, particular medical expenses. If you have developed a short-term disability for instance, you will likely need to go to rehabilitative sessions like occupational therapy and physical therapy to achieve full recovery. Do not forget to include these additional expenses because you won’t be able to request additional compensation to add to your settlement once you finalize one.
Don’t Delay Filing Your Claim
Don’t assume anything about the compensation you will achieve after getting into a personal injury accident. Consult with a lawyer so that they can calculate exactly how to maximize your settlement. See how an experienced personal injury lawyer can assist you following a personal injury accident by scheduling a consultation.
Hopping onto your bicycle should not be a weighted decision, but it might be, since there is always the chance of being hit by a car driver who wasn’t paying attention, speeding, or otherwise being reckless. As a bicycle accident attorney residents trust from Glotzer & Leib, LLP would advise, victims of bicycle accidents must put their health first and take immediate action against the offending driver. The injuries a bicyclist tends to sustain are severe, simply because a cyclist does not have an external shield to protect them from impact.
Any person who is clipped by a car driver should call 911, receive medical attention, file a report, and contact a lawyer who is familiar in handling personal injury cases like these, similar to a team member at Glotzer & Leib, LLP. It is rare for a bicyclist to walk away after being hit by a car without any kind of injury. The car driver did not have to be going very fast to inflict a great amount of harm. Here are examples of injuries that victims of bicycle accidents may endure and need medical attention for:
Traumatic Head Injuries
Head injuries can range from minor scrapes on the head to fractures of the skull. Brain injuries are a main cause of death for injured cyclists across the nation. Bicyclists may sustain a brain injury internally, and not have any kind of obvious injury to the exterior of the head itself. Conditions such as concussions, brain inflammation, and brain bleeding may not have an external wound associated with it. A traumatic brain injury can cause symptoms such as mood swings, memory loss, sleeping excessively, insomnia, nausea, vomiting, loss of consciousness, interrupted bodily function, and emotional or mental changes.
Facial Injuries and Body Trauma
Bike accidents can cause damage to the rider’s face, in addition to broken or lost teeth, vision damage, fractured jaw, road rash, broken nose, or other injuries that result in permanent scarring. Most bicyclists will have some degree of soft-tissue injury after the crash. A cyclist who gets hit on the back wheel may have whiplash, and a cyclist who gets hit on their side may have tears in their knee ligaments or a broken leg. Riders who try to brace their fall after being hit may break their wrists or hands, or dislocate their shoulder, as they land on the pavement.
Mental Trauma and Fears
Mental health should not be discounted when a bicycle accident happens. A cyclist may have newly developed fears about getting back onto their bike again, especially if the accident involved severe injury. A cyclist may not feel as confident as they used to be, or may feel like they are not able to get back on a bike ever again. The impacts to a bicyclist are not just physical, as mental health and emotional anguish can be a side effect of the accident too.
Personal Injury Lawyer
There are 5 key pieces of evidence in personal injury cases that are imperative to obtaining a successful outcome in your case. Although this article only lists 5 pieces of evidence, there is plenty more evidence that can and likely will be obtained. Hiring a trusted attorney to help you obtain this evidence is critical to a favorable resolution.
- Police Report
The police report is critical in every personal injury case because it includes an officer’s narrative regarding who is at fault for the accident. Unfortunately, there are times when the police report is not clear as to whether to who is at fault for the accident. Depending on the state you live in, there may be different ways to calculate damages if both parties are considered at fault for the accident. The police report also includes information regarding both parties’ insurance information. Insurance information is important as it helps to submit a claim with the other party’s insurance company.
- Pictures and Videos
As soon as the crash occurs, photos and videos should be taken of both vehicle and bodily injuries. Depending on your health at the time of the accident, it may be necessary to have bystanders or a passenger take pictures or videos. More importantly, it is imperative that you keep a picture journal of your injuries starting from the accident date. As your injuries heal and your body changes, continue to take pictures so that progress can be progress or worsening can be seen. Property damage pictures are also an important component as it provides the insurance company or a jury with the severity of the crash.
- Medical Records and Bills
Whether you went to the ER by ambulance or you simply needed some adjusting by a chiropractor, it is important that your medical records detail the accident and how you were feeling after it occurred. Medical records help to provide a causal connection to the accident and provide a narrative from a doctor that your injuries were related to the crash, and not something else. Keeping a medical journal along with obtaining medical records can help keep your injuries and treatment organized as time passes since the accident. Medical bills are important in that they provide the insurance company or a jury with information as to how much the defendant should pay you for damages.
- Lost Wage Evidence
After an accident, it is not uncommon to miss work due to injuries. Whether you punch the clock at work or are self-employed, there is evidence that can be obtained. If you are self-employed it is usually a good idea to obtain your taxes for the past few years in order to establish how much you make. You may also prove this using bank statements. If you are employed by someone else, you can obtain records from your clock-ins or through a payroll company showing the time you missed work. Given that lost wages are recoverable by accident victims, these records are important to recover lost wages.
- Criminal Records
Sometimes the at-fault party may have been charged with a crime that may entitle you to what is called “punitive damages.” Punitive damages are used to punish the at-fault driver for the egregious or intentional conduct that they committed. Most states allow for punitive damages when the at-fault party causes an accident while being impaired. If the at-fault driver caused the accident and was charged with a DWI, it is critical that criminal records from the county courthouse are obtained. No insurance company wants their insured in court after being charged with a crime and causing injuries. These records can increase settlement value and punish the defendant for their conduct.
Hiring an experienced lawyer, like a personal injury lawyer from a law firm such as Schehr Law, PLLC is important when collecting necessary evidence. A personal injury attorney knows all of the evidence to collect aside from the few items listed here. If you have been involved in a car accident, give us a call today.
Starting a small business is an exciting challenge and a dream for many. Those who are well beyond the dreaming stage and are close to forming a business will almost always benefit from advice and direction of a business lawyer that specializes in business formation. A Washington, DC business lawyer can help by answering questions that may arise before, during and after forming a business regarding incorporations, partnership agreements, and sole proprietorship tax status. Additionally, prior to formation, the perspective of a business lawyer can help illuminate aspects of the process that may not have been considered, saving you time and money later on.
An experienced business lawyer can help solidify the future of any new business venture by assisting with business organization forms, and setting up new sole proprietorships, partnerships, corporations, or limited liability companies (LLC). Your lawyer will help give you full confidence that every detail has been considered, ensuring your chances for succeeding are optimal.
Take a Proactive & Strategic Approach
With any business venture, there is a potential for legal issues to arise, and unfortunately many business owners wait until conflicts arise to seek legal advice. Procrastination in this regard is the downfall of many businesses who are being sued. Having a trusted business lawyer on your side from the start will enable you to foresee and be prepared for legal scenarios such as lawsuits before they arise, ultimately saving you time, money and potential settlement costs.
Roles and Responsibilities of a Business Lawyer
Business lawyers function to help entrepreneurs and business people devise solutions for new business ventures. Both those who are starting a new business and those who have a well-established business can benefit from the perspective of an experienced business lawyer.
Ways that a business lawyer can help include but are not limited to:
- Explaining and identifying appropriate and essential business organization forms for new businesses. (sole proprietorship, partnership, corporation, LLC.)
- Reviewing tax, liability, management and other associated formation costs as they pertain to each type of organization form.
- Assisting with the process of devising a strategy that meets the unique needs of your business.
- Drafting agreements and contracts
- Drafting & filing registration documents
- Drafting necessary tax forms
- Identifying and obtaining business formation permits
Help with Business Tort Litigation
Aside from business formation, another key responsibility of a business lawyer can be providing assistance when conflicts arise. Operating a business comes with risks that require the skill and experience of a lawyer. A business litigation lawyer can help develop a strategy to protect the future of your business if a conflict or dispute ever arises. Some of the most common business tort cases that can happen include:
- Fraudulent Misrepresentation
- Interference with Contractors
- Interference with a Potential Client
- Unfair Competition
Hire a Business Lawyer
If you are considering starting a business or own a well established company, it is highly recommended to develop a relationship with an experienced business lawyer. They will be able to provide critical advice and assistance through every aspect of operating a business, new business formation, and when disputes inevitably arise.
Thanks to Brown Kiely, LLP for their expertise in business law and business formation.
Traffic Ticket Attorney
When it is time for your teen to get behind the wheel of the car on their own, it can be a scary experience for some parents. Letting your teen drive without you in the vehicle means you hope they know well enough to practice safe driving behaviors on the road. Unfortunately, when many teens head out on the road, they do not always follow the rules, which can lead to deadly consequences. According to the National Highway Traffic Safety Administration, car crashes are still the leading cause of death for teenagers. Here are a few different behaviors that are common for teen drivers that are not only dangerous but could also land them a traffic ticket or more. If this happens, call a traffic ticket attorney.
In general, distracted driving occurs when the driver’s attention is taken away from the task of driving for any reason. One of the most common ways drivers are distracted while they are driving is because of electronic devices such as cell phones. In all states, it is illegal for anyone, including teenagers, to text while driving.
In addition, many states have hands-free device laws that make it illegal for teens to use even a hands-free device while they are driving. Violation of these laws could result in hefty fines. If your teen causes an accident because of the fact they were using an electronic device, they could be facing misdemeanor or felony charges.
Teens are also notorious for disregarding speed limits. There are many reasons why people speed, but teens tend to speed because they either were distracted while they were driving and did not take note of the speed limit, or they knew of the speed limit but decided to disregard it anyways. A speeding ticket could result in expensive fines and if your teen was speeding enough, they could even be facing criminal charges.
Drinking and Driving
Although the number of teens who drink and drive has decreased significantly in recent years, there are still some teens who partake in this dangerous behavior. Many states have zero tolerance laws that forbid underage drivers to have any level above 0.0 percent blood alcohol concentration (BAC) in their system. An underage driver who has a BAC of more than 0.00 faces a license suspension for a first offense. In addition, teens are also subject to adult DUI, meaning they could face even stiffer penalties if they were found to be under the influence while driving or had a BAC of more than 0.08.
Contact a Criminal Defense Firm Today
Traffic tickets aren’t just a minor inconvenience, they can also lead to stiff fines, points on your driving record, higher insurance premiums, and more. If you are cited for a traffic violation, contact an experienced attorney, like a traffic ticket attorney in New Jersey from a firm like Rispoli & Borneo, P.C.
On Aug. 19, 2022, 21-year-old Edwin Favela was hit by two speeding cars as he was riding his motorcycle near the Hardy Toll Road in Houston. He was on his way home from his job at a nearby taco stand. Neither of the motorists stopped at the scene of the accident. Unfortunately, Favela suffered brain swelling and died from his injuries just days later.
According to video footage captured from a gas station a few blocks away from the accident scene, the vehicles were traveling at high speeds. Favela’s family, friends and coworkers are devastated with the loss and saddened that the motorists failed to stop. They want to find out what happened and bring justice for Favela.
What to Do After a Motorcycle Accident
As a personal injury lawyer Houston, TX residents trust from John K. Zaid & Associates can confirm, motorcycle accidents can be absolutely devastating and sometimes result in fatal injuries. If you’re ever involved in a motorcycle crash, it’s important to take the necessary steps afterward to ensure your right to compensation.
- Contact the Police. First and foremost, you’ll want to call the police and let them know about the motorcycle accident. They will arrive at the accident and make a report, which will include critical information about the accident. Remember to obtain a copy for your records.
- Take Photos. Photos are one of the most important pieces of evidence you can have in a motorcycle accident case, so try to take a few at the accident scene. Take pictures of the damage to your motorcycle, other vehicles involved in the accident and traffic signals. If you have visible injuries, like cuts or bruises, take photos of those as well.
- Get Medical Care. Motorcycle accidents often result in serious injuries, like head and spinal cord injuries, so prompt medical attention is crucial. A doctor can diagnose your injuries and provide advice on treatment. Delaying medical care could put your health at risk and make it more difficult to get compensation.
- Be Careful About What You Say to the Insurance Company. Following a motorcycle crash, the negligent driver’s insurance company may contact you and ask you questions about the accident. They may even try to convince you to accept an early settlement. It’s important to say as little as possible to the insurance company. You may not know the extent of your injuries yet and you don’t want the insurer to undervalue your case.
- Hire a Lawyer. If you plan to pursue a legal claim against the negligent driver, it’s wise to have a skilled personal injury lawyer on your side. He or she will know the true value of your case and fight hard for fair compensation. Your lawyer will handle the negotiation with the insurance company and protect your rights.
If you have been injured due to someone else’s negligence, you have the right to seek compensation. A lawyer can help you handle the lawsuit, prepare you for your case, and help you settle your claim.
If you have never had to search for a lawyer before, you may not know what to look for. A quick google search will likely yield results of dozens of lawyers in your area, but how do you know what makes a good lawyer for you? Here are some steps you can take to ensure that you find the right lawyer for you.
- Make sure the lawyer practices law in your state and area. Your lawyer should be local to the state that you live in. This will ensure that they know the laws associated with your injury case. While it might seem obvious, it is always possible you find a lawyer outside your area that you like, but that doesn’t mean they are the right one for your case.
- Consider the types of cases the law firm handles. Lawyers can practice in many different areas of the law. This means that maybe you heard about a lawyer from a friend that helped them with their divorce. That doesn’t mean they will be able to handle your injury claim. Think of it this way: you wouldn’t want a general practitioner performing heart surgery, so why would you want a lawyer who doesn’t practice a personal injury lawyer to handle your case?
- Find out as much as you can online. The internet is a great tool; it can come in handy to learn about the lawyer you are looking into. You can learn a lot about a lawyer from their websites and reviews previous clients have left. If they have a lot of negative reviews, it is often in your best interest to move on to someone else.
- Schedule a consultation. Once you have a list of lawyers you want to talk to, start booking consultations. When you get to a consultation, you should interview the lawyer to ensure they are a good fit for you and your case. This means coming prepared with questions, details, and information you want to know. From there, you can determine if it will be a good fit.
- Determine if they have the experience to take your case to trial if necessary. While the goal shouldn’t be going to trial, you must know if your lawyer can. If your case needs to head that way, you want to find a lawyer comfortable in the court setting. If not, you could end up with a lower settlement than you need.
There are people hurt in car accidents every day. Many of them need medical treatment and aren’t able to work. When they are suddenly faced with medical expenses that they don’t know how they will pay, it can be terrifying. The aftermath of a car accident is often confusing, frustrating, and terrifying.
Just like with all areas of the law there are plenty of myths that people still believe. If you want to know more about what myths are out there and why they aren’t true, then read on. We’ve made a list of the most common ones people believe.
- Auto Insurance Will Pay for Everything
If you’re hurt in a crash caused by another driver, it is easy to assume that their insurance company will pay for all of your losses. Sadly, this is rarely the case. Insurance companies aren’t your friend and they only want to make money. The best way to do that is to avoid high payouts. There are many tactics they will use to minimize compensation. They will question how serious your injuries are and argue that they were pre-existing. The goal is to pay you as little as possible.
- Every Driver Has Insurance
In an ideal world, this would be true. Many drivers don’t have insurance though. These drives may not have kept up on their payments or just simply never had it in the first place. If an uninsured driver causes an accident and you are injured your options for compensation are limited. This is why many lawyers recommend you carry UM/UIM coverage on your own insurance policy.
- There is No Need to Get Police Involved
This can’t be further from the truth. Even if you were involved in a minor crash, you still need to contact the police. The police can help secure the scene and ensure that everyone is safe. They will also conduct an initial investigation and issue an accident report. This report can be valuable information for a later claim.
- There is No Need to See a Doctor if You Feel Okay
Even if you’ve been in an accident where you have minor injuries you should still seek medical attention. Some injuries, like concussions, may not have symptoms at first but they can get worse if left untreated. A doctor can make sure that any injuries, even if minor, are treated and that you have the proper care. This will also prove to your insurance company that you did everything you could to get your injuries treated as quickly as possible.
Personal injury law isn’t as known as divorce or family law. However, just like any other section of the law, there are plenty of myths and misconceptions about it. It can be had to know what is the truth and what is a lie when it comes from people you trust. The sad part is, that many people still believe that these things are true.
We’ve compiled the most common myths surrounding personal injury law to help you know the facts about it. We want you to know what to expect if you have a personal injury claim.
Personal Injury Cases Take Too Long
Many people think that all personal injury cases take too long to settle. This can often turn people away from pursuing a claim. The truth is, that many cases are settled outside of the courtroom. The cases that do go to court do take longer to settle though. The length of a personal injury claim is going to vary from claim to claim because of the different complications that can happen. The severity of the case greatly impacts the length the case takes to settle, but don’t let that deter you from making a claim.
If You Have Insurance You Don’t Need a Personal Injury Lawyer
This isn’t true. Your insurance company is going to try to give you the lowest amount of money for your damages. They are not your friend. They also do not have your best interest in mind. Their goal is to meet their bottom line, not have to pay you money for your claim. This is where a lawyer can help. A lawyer has the experience to handle the insurance company and help you with your claim.
You Can File a Personal Injury Claim Whenever You Want
This isn’t true either. There is a statute of limitations for all personal injury claims. This is going to vary from state to state so you will need to look at your local laws. For example, in Texas, the statute of limitations is two years for a personal injury claim. While it may seem like a long time, it should be used to collect all the pieces of evidence needed for you to prove your claim. You also cannot reopen a claim once compensation has been accepted. This means if you accepted a payment from the insurance company then that counts as a settlement.
As you can see there are plenty of misconceptions about what a personal injury case is and can do. When you file a personal injury claim you should know all the facts. This is why we know our friends at John K. Zaid & Associates are among the ones who can give you trusted advice on what to look for in a personal injury lawyer and what you can expect with your case.
When you end up in a car accident, it is often unexpected and traumatic. Seeing as a serious injury can happen to virtually any part of the body in a car accident, it is important you know where these injuries can happen. Knowing what injuries can happen is a great way to know what needs attention if you are ever in the situation of a car accident.
The following are some of the most common injuries that people have suffered in a car accident. While some are more common than others, these are the ones that we see the most often when it comes to car accident claims.
Traumatic Brain Injuries (TBI)
Car accidents are a leading cause of TBIs across the United States. A TBI happens when the brain is damaged by a blow or a piercing injury to the head. Each year there are roughly 50,000 people die from TBIs, and another 80,000 to 90,000 people suffer long-term disability. When someone suffers from a TBI there are often extensive medical bills and a long road to recovery.
Even minor TBIs can result in memory problems and cognitive function problems. They are also notoriously slow to appear and diagnose.
Bruises are seldom serious and often heal within a week or two. The most common cause of bruising in a car accident is from the seat belt saving you from worse damage. Most bruises are harmless, but you should still monitor them after being in an accident. Some bruises can be much worse and penetrate deeply.
A bruise can be a sign of internal bleeding, and even if it looks minor you should get it checked out. If your bruise doesn’t get better within a week then it could mean something is wrong.
It has been estimated by the Mayo Clinic that 120,000 have whiplash injuries each year. Whiplash is one of the most common injuries that happen in car accidents and is often caused by rear-end collisions. While it can be seriously painful, it does often heal within several weeks. It can leave you missing work, which can lead to lost wages.
While physical injuries are easy to so, mental ones are not. Post-traumatic stress disorder (PTSD) can easily be a result of a car accident. PTSD can limit your ability to do what you love as it can easily haunt you. It can lead to sleeping problems, nightmares, and additional mental illnesses such as depression and anxiety. This disorder makes it hard to function and should be taken seriously.
We know that car accidents can be serious and that is why we strongly recommend talking to a car accident lawyer like our friends at John K. Zaid & Associates for more information about what they can do for you.
No matter who you are, being involved in a car accident is stressful and the aftermath of a car accident can compound that stress. You could be dealing with everything from property damage to medical bills. This can be overwhelming for anyone and that is why you shouldn’t go at it alone if you are seeking compensation.
While not every car accident is avoidable, about 90% of them are. When it comes to accidents there are some that are far more common than others. Below you will find our list of the top causes of car accidents.
- Distracted Driving
By far the most common cause of car accidents is distracted driving. A distracted driver does not have their full attention on the road. This means they could be paying closer attention to their mobile device, other passengers, or even eating. Many people believe that the brain can multitask but the truth is it cannot. Your only job when you get behind the wheel is to get to your destination safely.
We’ve all been guilty of speeding and we’ve probably all had someone blast past us on the highway. It is not unusual for people to drive 10 to 20 miles over the posted speed limit. What you should keep in mind is that the fast you drive the slower your reaction time is.
- Drunk Driving
When someone gets behind the wheel after drinking, they are not only a danger to themselves but to others. When you drink, your senses and cognitive functions are dulled. This means that your reaction times are slowed, your decision-making capabilities are compromised, and you are likely to cause an accident that could have been prevented.
- Reckless Driving
Weaving in and out of traffic and tailgating and cutting other drivers are all examples of reckless driving. If you see someone weaving in and out of traffic at high speeds, the best you can do is stay out of their way. There is nothing you can do to make the driver safer. What you should do is keep your distance.
- Inclement Weather
Rough weather can create hazardous conditions when driving, even for the safest of drivers. Water can easily make the roadways slick and this can cause cars to slip and slide without warning. If you are stuck in a rainstorm you should drive extra carefully. If you have to stop suddenly you will likely slide if you slam on the breaks. Keep your distance from other drivers.
Being in a car accident is rough. This is why we suggest that if you have been in an accident to contact a car accident lawyer like our friends at John K. Zaid & Associates for more information about what they can do for you.
Common Truck Accident Injuries
Trucks are the largest and heaviest vehicles on the road. If a truck were to veer off course and collide with another vehicle, or object, the damage is often significant. Because of the weight and size difference between these freight vehicles and smaller passenger vehicles, the injuries are often quite severe too.
One of the smartest things you can do after a truck accident is to contact a truck accident lawyer. They will be able to help you handle the trucking insurance companies which often do not give you a big enough settlement to cover the extensive medical bills and lost wages.
Truck Accident Injuries
If you have been in a truck accident then it is likely you have experienced some serious injuries. Here are some of the most common truck accident injuries
Brain, Neck, and Head Injuries
Typically when a car is hit but one of these big trucks the passengers inside can be flung around easily. In some instances, they are even flung outside of their vehicle which can cause head injuries easily. Brain, head, and neck injuries don’t typically appear immediately, and can even occur even if you were not rendered unconscious.
Some of the common symptoms associated with head injuries include:
- Cognitive difficulties
- Eye impairments
- Memory loss
- Slurred speech
Spinal Cord Injuries
When damage is done to the spinal cord it is often severe and results in some form of paralysis. While the damage may not be obvious at first, you will often feel it quickly after all the adrenaline has passed through your system. When you sustain an injury to the spinal cord you are interrupting the transport of singles from your brain to other parts of your body.
By far the most common injury is whiplash. This is when the head is abruptly propelled forward and then comes to a sudden halt. There are a variety of symptoms that range from moderate to severe such as:
- Loss of sensation and pain in the neck
- Arm and upper body numbness
- Upper-limb aches and pains
- Restrucion of neck movement
Because a truck is bigger than a passenger car, it often causes more damage which can lead to a considerable chance of rupturing the gas tanks. A fire than results from this can quickly consume the truck or passenger car. If the occupant of hte car was tossed out of their car they can suffer severe road burn as well. Typically these burns need quick medical care, and can end in a lengthy hospital stay depending on the severity.
Truck accidents are devastating and if you have been in one we highly suggest reaching out to a truck accident lawyer like our friends at John K. Zaid & Associates for more information about what they can do for you.
Burn injuries are serious and they often have lasting and devastating impacts on victims and their families. In many cases, the physical and emotional pain of a burn injury lasts for long after the injury has occurred.
The more severe the burn the more time-consuming and expensive the recovery process can be. For many, the burn injury settlements from the insurance company are hardly enough to cover all the medical treatment bills and lost wages. This is why it is recommended that you speak to a burn injury lawyer to help you get the compensation you deserve if your burn is due to the negligence of someone else.
Most Common Types of Burn Injuries
Knowing the type of burn injury you are suffering from is important. It allows you to get the proper treatment. Here are some of the most common types of burn injuries:
- Chemical burns. Chemical burns occur with a strong acid or alkali comes into contact with our eyes or skin.
- Thermal burns. This is when a heat source, such as a hot metal or flame, touches and raises the temperature of the skin.
- Friction burns. This is when the skin is rubbed or scraped off by contact with a hard surface, such as concrete or asphalt.
- Radiation burns. These are caused by prolonged exposure to the sun’s UV rays or another source of radiation.
- Inhalation burns. These happen when you breathe in hot, polluted air from a fire.
- Scald burns. Scald burns are the result of heavy exposure to hot water or steam.
Burn injuries are also categorized by how severe the damage is. There are four degrees of damage that can happen. The different degrees of severity for a burn include:
- First-degree burns. This is the least serious form of a burn. They only affect the outermost lawyer of the skin. Typically these burns heal up on their own and rarely require medical attention.
- Second-degree burns. These cause damage to the epidermis and part of the layer of skin under it, known as the dermis. These burns often require treatment but rarely need surgery to fix them.
- Third-degree burns. These occur when all layers of the skin a destroyed, permanently damaging nerve endings, hair follicles, and sweat glands. This type of burn likely requires surgery to fix and should always receive prompt medical care.
- Fourth-degree burns. This is the most severe type of burn injury. It happens when not only are all the skin layers destroyed but there is damage to the underlying bones, muscles, and tendons. They require immediate medical attention and have a higher rate of amputation and death.
We know that a burn injury is often terrifying and that is why we highly suggest talking to a burn injury lawyer like our friends at John K. Zaid & Associates if your burn was caused by someone else’s negligence.
Things You Should Not Do After a Car Accident
We drive pretty much everywhere in our day-to-day lives. With so many vehicles on the road though, this means that there is more traffic and a higher chance of accidents. There are over 38,000 lives lost each year due to car accidents.
These accidents are scary, and they leave a lasting impact. Do you know what you should do if you are in an accident? Most people do know what to do but the more stressful the situation the more likely there are going to be some slipups. It is critical that you avoid mistakes in order to not only protect your rights but also to ensure that everyone is safe.
We’ve created a list below of the things that you should never do after a car accident.
- Leave the Scene of the Accident
Car accidents are a terrifying experience for most people. It can leave you in a state of shock and it is natural to want to run away from it. However, you should not run away from the scene of an accident. You should try to help the injured as much as possible and do what you can to help the situation. Not only that though, but it is illegal to flee the scene. Leaving can result in some severe penalties. You should move to the side of the road if possible, evaluate the situation, get medical help, and gather information.
- Not Collect Insurance Information
It may surprise you, but many people forget to collect this information. You need to collect the personal and insurance information from all parties involved. When the police arrive they will document and collect these details, but it doesn’t hurt to have the information yourself. You should collect the names and details of everyone involved, the car insurance information, and the name and contact details of the insurance provider.
- Get Angry or Admit Your Fault
You could get angry when you are in an accident, especially if it’s not your fault. Losing your control in this situation will most likely make it worse. You should not get angry or start a fight with the other driver even if they are at fault. You should also avoid apologizing if you think you are at fault, or even if you are at fault. Your insurance company is not looking out for you and if you admit fault they will use it again you. Just collect information and ensure that everyone gets the care that they rightly deserve.
We know car accidents are serious and can be terrifying. If you find yourself asking who is the best car accident lawyer then you can know that our friends at John K. Zaid & Associates can help provide you the answers to help you with this process.
When you need to find an auto accident lawyer, you need to know that finding the right one for you is more important than you may think. If you have been injured in a car accident, you will want a lawyer to represent your best interests, so you can focus on recovering from your injuries. A good lawyer will ensure all the right paperwork is filed, provide you with legal advice, determine an accurate settlement estimate, collect evidence, negotiate with insurance adjusters, and represent you in court.
For you to find a quality lawyer, we’ve put together a list of things you should look for when you start your search.
- Clear Communication
All lawyers communicate, but not all are great at communicating with their clients. You need someone who will make it easy for you to understand what they can do for you. They should know their process, fees, values, and more clearly. If you have questions, they should be able to give you a clear answer without confusing you more. You should not leave their office with more questions than answers. If they can’t provide you with a clear insight during your initial conversation, then it is best to move on.
- Engaged Conversation
A good lawyer should be invested in your case. If they aren’t engaged, they will only put in the minimum effort required. This could get you a smaller settlement that doesn’t cover everything you need. Your lawyer should ask detailed questions about your case and your goals.
- Provides References
You should ask your lawyer for a list of references you can contact and speak to. Even if you don’t reach out to them, a lawyer should be willing to give them as they are confident they have a good relationship with them. If they don’t provide you with any, then it is likely you should find another.
- Organized Office Space
The more organized their space looks, the more organized they likely are. You should look at how the office runs. Are the desks tidy, or do they have to shuffle through piles of papers to find what they are looking for? Are they struggling to keep up with phone calls? If they don’t seem organized, it doesn’t reflect well on their ability to keep up with your case.
Ask about their experience. You should make sure that they have experience handling cases like yours. Also, ask about their court experience. If they don’t like court or don’t have the experience, they are more likely to settle for a lower amount.
We know searching for a lawyer is not your first priority after an injury. When you ask yourself who is the best auto accident lawyer, know you can turn to someone like our friends at John K. Zaid & Associates for answers.
If you are ever charged with a crime of any kind, you need to immediately reach out to a criminal defense lawyer to help you keep your freedom. Even if you are innocent, you need someone on your side to help everyone see this. After all, innocent people do go to jail sometimes, so you should not speak with anyone until you hire legal representation to be there with you. This is not an admission of guilt – rather it shows that you are intelligent enough to have someone who is knowledgeable of your state’s laws on your side.
Even if you are innocent, you need to hire a criminal defense lawyer.
Sometimes, innocent people are convicted of crimes. This is unfortunate, but sadly, we live in an imperfect world. This is why it is absolutely crucial to have someone who knows your state laws on your side. Your lawyer will know how to show that you are innocent – or what not to say that could possibly incriminate you.
Your criminal defense lawyer will be able to help you.
If you are guilty of the crime you are being charged with, your lawyer will be able to look at your case from every possible angle and help determine whether or not you may be punished. Sometimes, the best defense is ignorance. Maybe you did not realize what you were doing was illegal. Or, maybe you didn’t realize that something bad happened and that you were just in the wrong place at the wrong time.
You deserve to fight for your freedom.
Your freedom is the most important thing you have. Without it, you cannot live the life that you want. This is why it is crucial to retain the assistance of a criminal defense lawyer at the very beginning of your case. He or she will fight for your rights and try to keep you out of jail and lessen any fines that may be incurred on you.
Contact a Criminal Defense Lawyer Today
Do not hesitate to reach out to a criminal defense lawyer, like one from Tuttle Law, P.A, if you need help getting out of a sticky situation. Your lawyer will do his or her best to help you – whether that is taking a plea bargain or fighting the entire charge in court. Your freedom is not something that you should take lightly. You need help to ensure you can continue to live a good life moving forward.
If you have suffered an illness or injury caused by the negligent or reckless actions of another party, a personal injury lawyer understands that you are likely dealing with some serious medical and financial issues.
Depending on the severity of the injury, you may have required emergency medical treatment for the injury. There was likely diagnostic testing to determine the extent of damage and the injury may have required surgery and a hospital stay, as well as follow-up physical therapy and other rehabilitative services. All of this also likely means you were unable to work while your recovery was taking place, and maybe you still have not returned to work. Not working means no paycheck and no employee benefits.
There are also many emotional impacts the injury may have had, such as pain and suffering, mental anguish, disfigurement, and loss of the ability to perform daily activities.
It is because of all these losses that your state has laws in place that allows accident victims to pursue personal injury cases against the party who was responsible in order to receive compensation for all of these losses.
What Damages May Be Available?
The following is a list of all the economic and non-economic damages a victim may be able to collect:
- Fees for ambulance transport
- Emergency room visits
- Hospital stays
- All diagnostic testing
- Both prescription and non-prescription medication
- Physical, occupational, and mental therapy fees
- Costs of transportation for medical services
- Lost wages and benefits
- Future loss of wages
- Pain and suffering
- Mental anguish
- Permanent disability
- Loss of companionship
Personal Injury Claim Process
Any type of personal injury claim is filed in the civil court system. The case is heard in front of a judge and either the judge or a jury will decide if any compensation should be awarded and how much that compensation should be.
Each state also has set a statute of limitation for how long a victim has to file a personal injury lawsuit. Generally, there is a two-year statute of limitation for personal injury claims from the date of discovery of the injury, although there may be some exceptions. A personal injury lawyer can determine what the statute of limitation is in your case.
In many cases, there is a preference for all parties to reach a settlement agreement rather than litigate the case in court. This is also referred to as alternative dispute resolution.
Contact a Personal Injury Law Firm Today
Medical Malpractice Lawyer
You may have a medical malpractice claim on your hands if you recently suffered injuries or worsening illnesses because of a doctor’s mistakes. Given the complexity of malpractice cases, the following can help you decide if you may have a valid case.
Relationship Between Doctor and Patient
As a medical malpractice lawyer from a specialist like Hall Justice Law Firm can explain, medical malpractice can only occur if you have a doctor-patient relationship with the physician. For example, if you were to receive medical advice from a friend who happens to be a doctor, you could not file a claim against him or her. When you were given the advice, he or she was not acting as your doctor. Even if the advice turns out to be wrong or you end up suffering injuries or illnesses because of the advice, there was no standard of care between the two of you.
Medical malpractice occurs when you visit a doctor as his or her patient. Doctors have a standard of care to meet when it comes to their patients. If they act negligently, they can be held liable for your injuries.
Negligence Caused the Patient’s Injury
For a malpractice claim to be valid, the doctor not only has to violate the standard of care, but your injury has to arise due to the mistake. For example, if you would have received the injury or illness with or without a doctor, you may be unable to prove medical malpractice regardless of the medical treatment provided. There cannot be injury without negligence or negligence without injury. You must show that your injury resulted in the loss of income, suffering and hardship, significant medical bills or disability.
For example, if a physician misreads or ignores laboratory results and you develop a more severe condition or illness as a result, you may have a claim on your hands. In this case, your injury or illness was directly caused by the doctor’s negligence. Other forms of malpractice include:
- Unnecessary surgery
- Premature discharge
- Surgical errors
- Failure to order proper testing
Proving medical malpractice can be complex to prove, which is why it is critical to have a medical malpractice lawyer who can help you prove your claim. Before you file a claim, make sure you have your medical records and have tracked all of your medical costs.
To find out the validity of your claim, set up a consultation with a medical malpractice lawyer as soon as possible. He or she can help you gather evidence, documentation and build your case.
While it is true that one of the worst parts about getting into an accident is the physical recovery that you will need to do after you were injured, many people report this as being one of the most stressful times in their lives because of everything they have to deal with following an accident. You may feel that you are getting bombarded from all sides, whether it is from the other driver, their insurance agent, your insurance agent, and family and friends who want to know that you are doing okay. When this happens, you may be tempted to just tell everything as much as possible and move on so people stop asking questions. However, this can be a dangerous approach when you are trying to show that the other party was negligent.
Speaking With Your Own Insurance Company
Most people hear that they should avoid speaking with insurance agents after an accident so that they do not destroy their chance of receiving compensation. This is only true to an extent. In fact, as a lawyer, like a car accident lawyer from a law firm like Ward & Ward Law Firm knows, you will likely have a legal obligation to speak with your insurance company to report certain information about the accident. Every insurance company’s policy will be different but if you signed an agreement with an insurance company, you must abide by their policy. That said, it does not mean you have to divulge so much information that you end up shooting yourself in the foot.
But, isn’t my own insurance company on my side?
You would think so, right? Not really. No insurance company is on any side except their own. Even the insurance company you are paying to “protect you” after you have been in an accident still wants to make sure they are covering themselves first and foremost. Many insurance companies will be more than happy to raise premiums after an accident regardless of whose fault the accident was.
What should I avoid saying?
The two most important things you should avoid saying to your insurance agents are these:
- I caused the accident
- I have not suffered from any injuries
If you say these statements, then the case is closed. Even if you are unsure of what happened in the stress of the moment, never admit fault. Further, when you call your insurance agent right after the accident happened, you may be dealing with injuries you do not even know about yet. Give yourself the opportunity to assess your situation. Let your agent know you were in an accident and that you plan to receive prompt medical attention. Once you do this, get medical help and then speak with a lawyer about filing a personal injury claim.
Are you looking for representation you can count on after an accident? Reach out to a local lawyer to see what they can do for you when it comes to insurance agents and receiving compensation from a personal injury claim.
Who is Eligible to Receive Overtime Pay
It can be tricky to know who is going to get overtime pay and who simply isn’t eligible. This is what your employer is booking on though. Many employers know that the laws regarding overtime pay are complicated and many people don’t have the knowledge or the experience to handle them.
That is where a lawyer can help you through this process. If you suspect that you aren’t getting paid overtime and you are eligible then talking to a lawyer is often in your best interest. They can help you recover your earned wages for your overtime.
Who is Eligible?
Not all employees have the right to overtime pay. The Fair Labor Standards Act (FLSA) categorizes employees as either exempt or nonexempt.
No matter how highly paid a nonexempt employee is they are entitled to overtime pay for more than 40 hours worked in a workweek. Here are the following types of manual laborers and other blue-collar workers who are non-exempt employees:
- Construction Workers
- Operating Engineers
You might notice that many of these jobs are physically demanding. These jobs require repetitive operations with their hands, physical skills, and energy to do their job. First responders, including police, firefighters, and paramedics are also nonexempt employees. If you have questions about if you qualify as one then don’t hesitate to reach out to a lawyer
Exempt employees are not eligible to receive overtime pay. Many of these workers have to meet minimum salary requirements and perform certain job duties while others are exempt based on their industry type. An example of this is executive, administrative, and procession workers are exempt if they earn at least $684 a week or $35,568 a year. Here are the workers who are exempt from overtime pay:
- Computer Employees
- Outside salespersons
- Agriculture workers
- Seasonal workers
- Certain caretakes
- Certain retail workers
- Service workers who earn a commission
There are many additional qualifications for each employee listened and many more types of exempt workers. If you aren’t sure if you fall into this category then reach out to a lawyer ot learn more. This means that even if you earn a salary or hourly wage, your employer must pay you your overtime unless you are exempt.
Only employees can receive overtime pay. Many employers will label a worker as an independent contractor to avoid paying overtime. An independent contractor can only decide and direct the final result of the work. If you are deciding when, where or how the work will be done then you are most likely an employee and not an independent contractor.
Don’t let your employer take advantage of the complex laws and not pay you overtime. We know it can get frustrating and that is why talking to an overtime lawyer like our friends at Disparti Law Group, is often a great place to start learning more.
Dog Bite Injuries in Houston Texas TX.
The idea of a dog bite may not seem like a big deal to many. It’s likely that those people have never actually experienced the repercussions of such an injury. A Houston, TX dog bite lawyer has seen firsthand the impact that a dog bite can have on a victim. While dogs may seem harmless, they can be unpredictable. An attack by a dog can lead to a number of injuries, including:
- Bacterial Infections
- Puncture Wounds
- Broken Bones
- Nerve Damage
While in some cases it may be evident that medical care is needed, in other situations you may not realize how severe the injury actually is at first glance. However, it’s important to be aware that your physical well being should come first and foremost. A dog bite injury attorney Houston trusts wants you to know that care from a medical professional can ensure that you receive the right treatment for your injuries. Additionally, medical care can also help to link your injuries to your case which may prove essential for your legal claim.
Proving Your Legal Case
It will be important that you gather the proper evidence to support your legal claim. While each case is certain to be unique, our skilled legal team will carefully review your case to determine whether you have the ability to take action. We will look to identify the following key elements and assist you in gathering key evidence in efforts to build a strong case:
- Duty of Care
- Breach of Duty of Care
While laws regarding liability can certainly vary based on the state you live, we are well versed in Texas state laws. Allow for us to provide you with the proper guidance and legal help you need.
Get the Help You Deserve
Following a dog bite accident, legal help may be necessary to recoup the damages you have experienced. This is a primary reason to contact our reputable Houston, Texas dog bite injury attorney. We can prove to be essential in giving you the best opportunity at reaching a successful resolution to your legal claim. Our lawyers are dedicated to:
- Helping you to understand the legal process
- Strategizing your legal case
- Providing you with timely case updates
- Assisting you in completing all paperwork
- Negotiating with insurance companies
Don’t delay in contacting John K. Zaid & Associates. Facing injuries can lead to a variety of uncertainties. We know that managing physical injuries and the financial cost that is sure to follow can be an incredibly stressful time. Hiring a lawyer with knowledge in this area of practice can not only provide you with the legal support you can rely on, but a professional who can weather the storm with you. We are dedicated to providing your case with the attention it deserves so that you can obtain the best outcome possible for your case. Call us today to speak with a dog bite injury attorney in Houston, Texas!
Dog Bites And Custody Arrangements
When a child experiences serious physical injury as a result of a dog bite, the consequences may not only be painful but also lifelong. It can be excruciating for parents who have supported their child through a dog attack to watch their child experience such incredible pain. It can also be financially challenging to manage a child’s care in the aftermath of a serious bite. Parents often choose to take legal action in the wake of an attack, partially because doing so may allow them to receive compensation for their child’s medical bills.
If your child has been harmed as a result of a bite and you share custody of your child with another person, you may wonder how your child custody arrangement may ultimately impact the way you approach your legal options concerning your child’s injuries. Every case is unique, so it is important to consult with an experienced dog bite lawyer Houston, TX residents trust before making any assumptions about your unique situation. The experienced Houston, Texas dog bite injury law firm of John K. Zaid & Associates is here to answer your questions and advise you of your legal options so that you can make informed decisions moving forward.
Which parent will be able to take legal action on behalf of their child?
Children under the age of 18 have the right to compensation for the damages they have suffered. However, a minor is unable to collect compensation on their own. As a result, they will require a legal guardian to take action on their behalf. A parent has the ability to negotiate for their children with the help of a Houston, TX dog bite injury law firm. Any parent who has legal custody holds the right to take legal action in the name of their child. When two parents share legal custody, they may choose to work together to pursue legal action. In other situations, exes may determine that only one of you will manage to pursue a settlement.
When a personal injury settlement is obtained, who manages the settlement?
When a settlement award is obtained for a child, it’s likely that they may not be able to access it until they reach the age of 18. However, it’s important to be aware that some of this money may be required to help provide medical care for the injuries the child has experienced. When a settlement is over a certain amount, the court will likely determine who will be permitted to manage the settlement. An experienced Houston, TX dog bite injury law firm can clarify what may happen in your situation after our team learns about your unique circumstances. Contact us today for a no-obligation consultation. We look forward to speaking with you.
Why You Need A Dog Bite Injury Lawyer
Insurance companies make money by denying claims or settling for as little as possible. Therefore, if you filed a dog bite claim without an attorney, an insurance company could very well just reject the claim outright. And even if you do get an offer, it is likely to be far lower than what your claim is actually worth. By some estimates, an insurance adjuster might offer to settle for 10 to 20 percent of what you might expect to receive with the help of an attorney.
You Have More Legal Options with an Attorney
In the scenario mentioned above, you’ll notice that litigation wasn’t even discussed. You have the option of hiring an attorney just to help with insurance matters. Even with attorney fees, you would likely recover more money than you would have on your own.
When necessary, a lawyer can also help you pursue litigation, which could either settle out of court or go to trial. The majority of cases settle out of court, and often for much more money than would be offered in an insurance claim negotiation. But if the settlement amount offered isn’t fair or appropriate, we will not hesitate to take your case to trial.
If you’ve been injured as a result of a dog attack, it’s important to connect with an experienced dog bite injury lawyer Houston, Texas residents trust. As soon as you connect with the team at John K. Zaid & Associates, we can begin advising you of your legal options, lending our support, and advocating on behalf of your interests. Being attacked by a dog is traumatic. Know that you don’t have to face this challenging reality alone.
There are many benefits to owning a pet like a dog or a cat. But as wonderful as pets can be, it is important to remember that they are descended from wild animals, and domestication only goes so far. Many dogs respond to perceived threats by biting, and those bites can be highly injurious or even fatal.
Statistics show that about 4.7 million people are bitten by dogs each year in the United States. Most of these bites aren’t serious enough to require outside help. But approximately 800,000 victims have injuries bad enough that they need to seek medical attention. If you were attacked by a dog owned by someone else, you can seek appropriate compensation for your medical costs, lost wages from missing work, pain and suffering, and more.
Most of the time, dog bite claims are paid out by the dog owner’s home insurance policy. You have the option of speaking with the dog owner and filing a claim through their insurer. But in order to truly maximize your chances of success and maximize recovery, you would do well to speak with an experienced dog bite lawyer Houston, TX residents trust.
Have More Questions? Contact Us for Answers.
Our firm is proud to represent victims of personal injury, including dog-bite victims. Whether you want to take your case to trial or simply get a better settlement, we can help. Contact us to take advantage of a free initial consultation with an experienced Houston, Texas dog bite injury lawyer today. We look forward to speaking with you.
What Types Of Injuries Are Caused By Dog Bites
The Centers for Disease Control and Prevention (CDC) report that more than 4.5 million dog bites occur each year throughout the U.S. Injuries that can occur as the result of a dog bite or attack include:
- Severe cuts and puncture wounds
- Crushing injuries and broken bones
- Amputations and torn muscles or tendons
- Head and facial injuries
- Psychological trauma, as the result of the attack
Even in situations where injuries appear minor, victims should get treatment to assess the risk of rabies and to prevent infection. The CDC reports that roughly one out of every five dog bite victims suffer infections that have the potential to be severe and even life-threatening. When you suffer injuries from a dog attack, contact a Houston, TX dog bite lawyer to understand what compensation you may be eligible for.
What should I do if a dog bite occurs?
If you or someone you care about suffers a dog bite injury, it is important to take the following steps:
- Notify local law enforcement so an accident report can be filed
- Attempt to identify the dog’s owner and get their personal contact information
- Seek medical care for your injuries, regardless of their severity
- Inform animal control services in the municipality the attack occurred in, so the dog can be isolated and assessed.
Dog owners can be held liable for any injuries their animal causes, particularly if they were unleashed or roaming neighborhood streets unattended. Most dog bites happen in homes and among dogs, the victim is familiar with. In these situations, the homeowner’s insurance policy may cover any damages you suffer.
What types of damages can a dog bite victim recover?
In addition to medical expenses, you may also be entitled to receive financial compensation for lost wages if you were unable to work because of the injury, pain, suffering, emotional anguish, scarring, or disfigurement. Depending on the severity of the bite, you may need future medical treatments and it is not uncommon for victims of severe attacks to need mental health therapy to help deal with the trauma of the event.
Dogs enjoy the reputation for being our best friends, providing companionship along with protection against intruders. Many people think of their four-legged pal as a member of their family, but the fact is that even the most mild-mannered dog can turn aggressive. Dog bite injuries are a serious concern in Texas, and it is not only large breeds that can cause major damage. Even a smaller dog’s bite can cause permanent scarring, in addition to exposing the victim to the risk of infection. A dog bite lawyer in Houston, TX can help victims of dog bites get the compensation they deserve.
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If you or a loved one has been bitten or attacked by a dog, contact John K. Zaid & Associates to meet with a seasoned Houston, TX dog bite lawyer and find out what legal options you may have.
What Steps A Truck Accident Victim Should Take After Injury
The first thing a victim should do is seek out medical attention, even if they do not think they have any injuries. Injury symptoms often take a day or two, sometimes longer, before they appear and that delay in treatment could cause issues later on in the personal injury claim or lawsuit. Unfortunately, many truck accidents end up in serious to catastrophic injuries for victims, so most victims end up being transported to the hospital by emergency responders.
The victim should not speak with the other driver’s insurance company until they speak to their own Houston, TX truck accident lawyer. The goal of the insurance company is to try to minimize – if not reject completely – any damages they have to pay out and will do everything they can to get the victim to say things that could be used against them.
What are some of the types of damages that a victim can be financially compensated for?
There are two types of damages a victim can receive – economic and non-economic. Economic damages are those that can be financially quantified. For example, medical bills have an actual dollar amount and are, therefore, economic damage. Non-economic damage is one that does not have a dollar amount and needs to be calculated in a different way. Pain and suffering is one example of non-economic damage.
Medical expenses, such as doctor visits, hospital stays, surgeries, diagnostic testing, physical therapy, mental health therapy, occupational therapy, prescription and over-the-counter medication, medical equipment, and more
- Lost wages, including employee benefits and overtime
- Pain and suffering
- Emotional anguish
- Emotional trauma
- Physical disability
- Mental disability
- Loss of life enjoyment
Expenses the victim has incurred because the injury prevents them from doing them. This can include transportation costs, childcare costs, house cleaning service costs, landscaping costs, snow removal costs, and more
In some cases, a victim may also be awarded punitive damages, which serve as a way to punish the at-fault party and send a message to society that the actions of the at-fault party that caused the injury to occur will not be tolerated. For example, if the truck driver was drunk at the time of the accident, the victim may receive punitive damages.
When a victim has suffered an injury in a truck accident, Texas law allows that victim to pursue legal action against the at-fault parties to obtain financial compensation for the losses their injuries have caused them. A truck accident lawyer in Houston, TX can help that victim, ensuring they receive the amount of compensation they are legally entitled to. Although the law does not require a victim to retain a lawyer in order to file a claim or lawsuit, it is important to note that truck accident cases are usually very complex, often with more than one liable party (i.e., the truck driver, the trucking company, etc.). A victim fighting the trucking company and their large insurance company – while still trying to recover from their injuries – can end up with far less than they deserve or have their claim denied entirely.
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If you or a loved one has been injured in a truck accident, contact John K. Zaid & Associates to meet with a seasoned Houston, TX truck accident lawyer and find out what legal options you may have.
Why Truck Accident Cases Tend to Be Complex
There are two primary reasons why truck accident cases tend to be so complex. First, it is often very difficult to discern what caused a truck accident at first glance. There may be many “invisible” factors at play that may only be revealed through an investigation. For example, the truck driver involved may have been inadequately trained. The trucking company that employs the trucker may have pressured the employee to drive while they were extraordinarily fatigued. There may have been something wrong with the brakes that the manufacturer could be held liable for.
Second, as has already been vaguely alluded to, there are often multiple defendants named in a truck accident lawsuit. It is rare that a single actor (or factor) is the sole reason why a truck crashes. Far more often, manufacturers of auto parts, trucking companies, truck drivers, others involved in the accident, and even government agencies tasked with road maintenance are named in lawsuits. When more than one defendant is named in a case, a strong case must be built up in re: that party in order for the plaintiff to succeed on all of their claims.
If you have been recently injured in an accident involving a large commercial truck, it is critically important that you connect with a reputable personal injury attorney as quickly as you possibly can. Why? Truck accident cases are notoriously complex. Waiting to connect with the reputable and dedicated legal team at John K. Zaid & Associates may lead to the loss or compromise of evidence that could prove to be critical to the outcome of your case. Additionally, speaking with insurance representatives on your own could unintentionally lead to the devaluation of your case.
Truck Accident Lawyer – Houston, TX
As our Houston, TX truck accident lawyer can explain in greater detail during a risk-free consultation, the speed with which truck accident victims seek legal guidance can often make a great difference in the ultimate outcome of their quest for rightful compensation. Gathering evidence, speaking with insurance representatives in informed (and—when necessary—insistent) ways, and building a legal case requires time, care, and persistence. Meeting with our team as soon as you can help to ensure that your rights are protected and your legal options are preserved as well as they can possibly be if/until you decide to act upon them.
Legal Assistance Is Available
If you have not yet called or reached out online to schedule a risk-free consultation with the experienced Texas legal team at John K. Zaid & Associates, please do so now. Although the law technically gives injured workers a few weeks and injury victims generally a few years to file claims, the sooner you connect with our team, the greater your chances of securing maximum compensation will be. There are so many complexities and time-sensitive realities associated with truck accidents. Place yourself in the best possible position to navigate them by connecting with our firm today. We look forward to speaking with you.
What Are The Types Of Injuries That Could Have Delayed Symptoms
Some of the symptoms to watch for that could indicate that there is an injury that needs to be treated include:
- Abdominal pain: This could indicate internal bleeding.
- Back pain: This could indicate an injury to ligaments, spinal cord injury, or whiplash.
- Bruising or numbness: This could indicate an injury to the spinal cord or a herniated disc.
- Emotional distress: This could indicate a brain injury, concussion, or PTSD.
- Headaches: This could indicate a blood clot, brain injury, concussion, or whiplash.
- Shoulder or neck pain: This could indicate a spinal cord injury or whiplash.
If a victim is suffering from any of these injuries, they should immediately contact their physician, even if they had already been checked out after the crash. These are symptoms of potentially serious injuries and if these symptoms are ignored, the victim could suffer even more catastrophic – if not fatal – injuries.
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One of the reasons why a victim may not immediately realize they have been physically injured in a crash is because of the emotional impact the crash has. Car accidents are traumatic experiences and when they occur, the human body immediately goes into fight or flight mode. This is a biochemical response to a perceived danger or threat.
When the body reacts in fight or flight mode, it releases cortisol and adrenaline. These two hormones speed up the heart rate, deviate the flow of blood to groups of major muscles, slow digestion, as well as alter other autonomic functions. This gives the body a boost in its strength and energy level. When the threat is gone, the body goes back into normal functioning mode.
It is this fight or flight mode which can mask the pain that the victim would normally feel when hurt. Instead, in this state, the victim does not feel the pain and instead focuses on what needs to be addressed immediately after the crash – moving into a safe place away from oncoming traffic, checking on other potential victims, etc.
A Houston, TX car accident lawyer, John K. Zaid & Associates knows it can take a few hours for the effects of the fight or flight mode to wear off. This is when the victim may begin to feel some of the symptoms of potential injuries. In some cases, it can take days or even longer. This is why it is so important for anyone who has been in a crash to seek medical treatment immediately following the accident to make sure there are no injuries.
It is not uncommon for accident a Texas car accident victim to not realize right away that they have been injured. This can occur because there are many types of injuries that often have delayed symptoms. These injuries can take days, or even weeks, before symptoms began to show up and the victim realizes something is wrong. A car accident lawyer in Houston, TX knows that even minor accidents can result in a serious injury, such as a concussion or whiplash. In fact, this is one of the most common issues with injuries sustained in fender benders – these types of injuries often have delayed symptoms. Knowing what those symptoms are can mean the difference between a successful recovery or long-term physical issues from the injury.
What To Do If You Were Struck By A Drunk Driver
If your injuries were caused by a drunk driver, it is important to understand that any criminal case being brought against the intoxicated driver is separate from any civil claim that you may choose to file. Meaning, that you may be able to successfully pursue a personal injury award against the other driver regardless of whether they are facing criminal charges are not. The civil justice system imposes a different standard of proof than the criminal justice system does. As a result, it may be far easier for you to hold the driver accountable via a personal injury suit than it would be for a prosecutor to secure a criminal conviction. Our attorneys can explain this standard of proof in greater detail during a risk-free consultation.
If you have recently been injured in a car accident that was caused—either partially or totally—by another’s negligence, recklessness, or intentionally harmful conduct, you have rights and options available to you under the law. No two car accident cases ever unfold under exactly the same circumstances, though. This is one of the many reasons why it is important to speak with the experienced legal team at John K. Zaid & Associates before making any assumptions about how strong or weak your legal case may be. All too often, car accident victims dismiss the idea that they are entitled to compensation and, therefore, never pursue what they are owed. Once our team assesses your situation, you’ll be able to make informed choices about whether to file legal action against those who caused you harm.
Car Accident Lawyer – Houston, TX
Exploring your legal options related to filing a personal injury lawsuit is unquestionably important. But, one of the other primary reasons why you should consider connecting with a Houston, TX car accident lawyer at our firm as soon as you can is that we have extensive experience communicating with insurance providers. We can handle the communications concerning your case so that you can focus on healing. We can also use our combined decades of experience with car accident cases to better ensure that any insurance settlement you are offered is both fairly valued and provided to you without unnecessary delay.
Legal Assistance Is Available
Connect with the experienced Texas legal team at John K. Zaid & Associates online or over the phone today to begin exploring your rights and options under the law. It is important to connect with an attorney quickly in the wake of an injurious accident. Waiting too long can lead to problems gathering critical evidence that may have been compromised or destroyed over time. Additionally, the law limits the amount of time that injury victims are permitted to pursue personal injury lawsuits, workers’ compensation benefits, and insurance claims. If you don’t act soon, your ability to receive the maximum amount of compensation that you are owed could be jeopardized. Connect with our firm today to learn more; we look forward to speaking with you.
How Much Of An Issue Is Distracted Driving
A significant drawback of our current culture is the large number of distractions that grab our attention throughout the day. Whether it be texts, emails, or social media accounts, the amount of constant information coming at a person makes it extremely difficult to concentrate on a single task, no matter how important. One area where this disconnect is particularly concerning is driving. However, driving in a reasonable and prudent manner generally avoids accidents in the vast majority of cases.
Driving responsibly – at a minimum – means keeping one’s eyes on the road and paying attention to the location and movement of cars and pedestrians in the area. Distracted driving has become a huge problem that cuts across generational lines, presenting a real danger to other commuters on the road.
Isn’t this type of activity illegal?
The majority of states have enacted laws that make using certain features of a smartphone illegal while driving. In some states, it is only a secondary offense, meaning that those caught will only receive a traffic citation and only if they are caught committing a primary offense, such as speeding. This makes enforcing these laws difficult; hence the number of drivers who still engage in these dangerous activities.
In Texas, engaging in distracted driving behavior is a primary offense, which means police can stop you for just that activity.
How does a lawyer prove liability?
Proving negligence will depend upon the facts of each case, but a few general rules provide a basic strategy a Houston, TX auto accident lawyer will use to prove liability. The first of these measures is to bring in an accident reconstruction expert to testify about the sequence of events that likely led to the accident, including whether texting or other driver distractions appear to have occurred.
In addition, gathering evidence from the accident scene itself is particularly useful in many cases. Taking pictures and/or videos of tire marks, damage, and placement of each vehicle, including the interior of the other driver’s car, often yields a lot of information. Police reports and private surveillance videos from nearby businesses are also potential sources of strong evidence that personal injury will look to incorporate into the evidence presented at trial. A victim’s attorney can also file a motion to access the at-fault driver’s cell phone records to show they were using their phone at the time of the crash.
Driving is an inherently dangerous activity and always presents the possibility of a car accident will occur. An auto accident lawyer in Houston, TX has represented many car accident victims who were injured because of a negligent or reckless driver. One of the most common causes of car crashes in Texas is distracted driving, and it is one cause that is becoming more and more frequent, despite the knows dangers.
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If you have been injured in a vehicle accident, contact John K. Zaid & Associates to meet with a seasoned Houston, TX auto accident lawyer and find out what legal options you may have.
What Makes A Personal Injury Claim Valid
In order for a personal injury claim to be valid, then there needs to be some measure of negligence or recklessness in the actions or behaviors of the alleged at-fault party to have engaged in. Some examples of negligent behavior include:
- A dog owner who let their dog run loose and the dog bit you
- A driver who was texting while driving and crashed into your vehicle
- A grocery store that failed to remove ice at the entrance of the building and you fell
- A doctor who was drunk while performing your surgery and nicked an organ
There are many other examples of negligent actions, and your Houston, TX personal injury lawyer will determine the act of negligence in your accident case.
What type of damages might I receive?
Because each accident victim is different, the losses they suffer will also be different. Each case has different damages and each one is worth varying amounts. There are some damages that every accident victim is entitled to, such as medical expenses and loss of income.
The at-fault party is responsible for all the medical bills that are associated with treatment for the victim’s injuries, including all doctor visits, surgeries, medications, and medical equipment.
Victims who are unable to work because of the injuries are also entitled to receive those lost wages as part of their settlement. If they were forced to use vacation or personal time, then the value of those days can also be included in the settlement.
There are other types of losses victims can pursue, however, these damages do not have a definitive dollar amount attached to them and are subjective. These losses – referred to as non-economic damages – include:
- Pain and suffering
- Emotional distress
- Permanent disability
- Loss of companionship
How are non-economic losses calculated?
Your lawyer will calculate what those losses are worth in your particular case. There are several different ways to come up with this total and is usually based on how much the quantifiable damages (medical expenses and loss of income) totaled, as well as the severity of the injuries.
What about punitive damages?
In some accidents, the victim may also be awarded punitive damages. These damages are not meant to replace a loss the victim suffered but instead are meant to punish the at-fault party and send a message to society that this behavior will not be tolerated. A drunk driving accident is a good example of a case where punitive damages are often awarded to the victim.
When a person is injured in an accident that is caused by the negligence of someone else, Texas law says the at-fault party is responsible for the losses the victim has suffered, including both economic and noneconomic losses. Each accident case is different, each with its own set of circumstances and factors that could play a part in how much of an injury settlement or award the victim could receive should they decide to pursue a case against the party who caused the accident. So what exactly are those factors and how much could your claim be worth? The best way to find that answer is to consult with a personal injury lawyer in Houston, TX who will be able to make that determination.
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If you or a loved one has been injured in an accident caused by another party, contact John K. Zaid & Associates to meet with a skilled Houston, TX truck personal injury lawyer and find out what legal options you may have.
What To Do If You’ve Been Injured By A Recalled Product
It is important to understand that you may have grounds upon which to file legal action regardless of whether the product that caused you harm has been recalled. A recall process is not initiated for every product that causes consumers harm. Therefore, you should not be deterred from exploring your legal options simply because neither the manufacturer of the harmful product nor the government has (yet) initiated a recall for it
Most of the time, consumers assume that they will need to be wary when using a product that is inherently dangerous, like a table saw or a gallon of bleach. Similarly, consumers generally assume that they will not need to take any special care when using products that aren’t inherently dangerous, provided that they are using the products in the ways in which they were intended to be used. Unfortunately, however, even when consumers are using any given product in the safest possible ways given the product’s purposes and potentially inherent risks, those products may cause significant injury.
It is important to understand that if you or a loved one has been harmed by a consumer or industrial product while using it for its intended purposes that you may be entitled to significant compensation at this time. The law attempts to safeguard consumers and workers from product-related harm to a significant degree. In the event that product-related harm occurs, the manufacturers or sellers of the product(s) in question may be held legally and financially liable for that harm. The experienced legal team at John K. Zaid & Associates can explain how the law applies to your situation after assessing your unique circumstances.
Personal Injury Lawyer – Houston, TX
Our Houston, TX personal injury lawyer team is proud to offer risk-free consultations to anyone who has been harmed by a product and is interested in learning more about their rights and options. You don’t need to know whether you have grounds upon which to file legal action to schedule a risk-free consultation with our team. Understanding the law is our job. Choosing to act or to refrain from acting once you’re in an informed position to make solid choices about your legal options is a decision that is entirely up to you.
Legal Assistance Is Available
The experienced Texas legal team at John K. Zaid & Associates is in the “business” of assisting those personal injury victims who desire to pursue insurance settlements and/or legal action. We are not in the business of selling our services. We will never place any pressure on you to pursue legal action—that decision needs to be yours and yours alone. During your risk-free consultation, we will simply assess your case, provide you with personalized legal guidance, and offer you support in the event that you desire further legal counsel. Connect with us today to learn more about our approach to representation. We look forward to speaking with you.
Auto Accident Lawyer Houston, TX
If you have recently been injured in a car accident, it is important to explore your legal options regardless of the circumstances that led to your injuries. In Texas, auto accident injury victims are entitled to pursue damages against certain other parties, provided that the injury victims themselves were no more than 49 percent responsible for the injurious circumstances that led to their harm. As the knowledgeable legal team at John K. Zaid & Associates can attest, it isn’t always easy to know exactly what caused any given accident until a thorough and objective investigation has been initiated.
Auto Accident Lawyer – Houston, TX
Our Houston, TX auto accident lawyer team encourages auto accident victims to avoid making assumptions about whether they have strong grounds upon which to pursue an insurance settlement, workers’ compensation benefits, and/or personal injury damages related to an accident until their case has been professionally evaluated. Why? Many auto accident injury victims believe that they either have no grounds for recourse or that the accident in question was their fault—and they harbor these beliefs erroneously.
Oftentimes, injury victims are very surprised to learn that an accident that they believe was their fault was actually caused by a number of circumstances and that they are, indeed, entitled to significant compensation as a result. Instead of making assumptions about your case, speak with our team about your circumstances so that we can help you to make informed decisions about your rights.
If You Were Struck by a Distracted Driver
If you either know or suspect that you were struck by a distracted driver, you are very likely entitled to compensation at this time. As noted above, Texas law allows injury victims to pursue personal injury compensation as a result of another’s negligence, recklessness, or intentionally dangerous conduct, provided that the victims themselves were no more than 49 percent at fault for their injurious circumstances. As the nature of distracted driving is almost always either negligent or reckless (depending upon the kind of distraction in play), the driver who struck you can probably be held both legally and financially accountable for the harm you have suffered. Connect with our team today to learn more.
Legal Assistance Is Available
If you have not yet scheduled a no-risk consultation with the experienced Texas legal team at John K. Zaid & Associates, please connect with our firm online or give our support staff a call today. As our consultation process is risk-free, you’ll receive personalized legal guidance – with no strings attached – in exchange for an hour or two of your time. Why do we offer this service? Our team genuinely believes that because anyone who has been injured has rights under the law, they should be able to understand what those rights are and how to exercise them, regardless of their financial situation. We look forward to speaking with you about your accident, any questions you may have, and our firm’s approach to representation.
4 Reasons to Hire a Car Accident Lawyer
Car accidents can be incredibly stressful, and the last thing you want is to have to navigate the ins and outs of insurance claims and the legal process by yourself. Fortunately, car accident lawyers are available to help you handle each of the things you might struggle to do on your own.
If you were in an accident recently, you might have found yourself wondering, who is the best car accident lawyer in Houston, TX? If that’s the case, here are a few reasons to give one a call.
Car accidents very often come down to a case of he-said-she-said. When that happens, it’s essential to have sufficient evidence to prove your case. Great car accident lawyers, such as those at Zaid Law, will be able to help you determine which pieces of evidence will best support your claim and the best way to present them in court.
File Your Court Case
Suppose your case can’t be settled outside the courtroom. In that case, a car accident lawyer will help you file all the necessary paperwork and ensure your case is heard fairly in court. Also, if you’re seeking a large sum, you should remember that it can be easy for insurance companies to avoid paying a victim if you don’t have proper representation.
Break It All Down
Car accidents can be scary and confusing. The paperwork and steps you need to take in order to properly navigate your case can often seem overwhelming. If you involve one of Zaid Law’s lawyers, he or she will be able to break down the confusion into simpler terms so you understand what damages you’re seeking, why you’re seeking them, and how.
Insurance companies can often push back quite a bit if you’re seeking a large claim or damages. In that case, a car accident lawyer can go a long way in making life easier for you. In addition, any additional paperwork, evidence, or other information an insurance company might want will be easier to gather up with a lawyer helping you.
So, who is the best car accident lawyer in Houston, TX? The lawyers at Zaid Law are available to help you answer that question. Just remember that there will be a lot to track between medical expenses, repairs, and other costs. Whichever lawyer you choose will be able to balance it all and make it simpler for you to rest and recover, which is the most important thing.
The legal team at John K. Zaid & Associates is here to help.
When you are choosing a lawyer, you want to ensure that you pick a lawyer who is best for your needs. Whether that means you need a lawyer who is on a budget, you need a lawyer the can deal with complex cases.
If you have been in a car accident, you will be wondering who is the best car accident lawyer in Houston, TX. Dealing with the legal aspects of a car accident is not something you will want to do on your own. The knowledgeable legal team at John K. Zaid & Associates can help you during this time. Keep reading to learn about some of the damages you may be able to claim following your car wreck.
If you were injured in the accident, you may be able to claim medical expenses. It is very important that you keep accurate, detailed records of any medical treatment you receive. These documents will be helpful in proving the medical expenses you claim. You may also be able to claim future medical expenses if your injuries result in a long-term disability. When researching who is the best car accident lawyer in Houston, TX, you will want to find an attorney who has success with car accident settlements.
A car accident can be a traumatic experience. This is especially true if you sustained injuries from your accident. During your recovery, you may not be able to work. This will result in lost income. This lost income can often be claimed as damages in a car accident lawsuit. You will want to discuss the details of the lost time at work with a knowledgeable car accident lawyer in Houston, TX.
Pain and Suffering
If you decide to pursue a lawsuit following the wreck, the pain and suffering you endured could be claimed as damages as well. It is imperative that you speak with a reputable car accident lawyer in Houston, TX to better understand how this will be determined.
If your vehicle was damaged at the fault of another driver, you may be able to claim some expenses not covered by the insurance. Keep in mind that most insurance companies will attempt to get away with paying as little as possible on a claim. A lawyer can help you understand if the settlement being offered by the insurance company is fair or not.
It is important that you do not agree to any type of settlement with an insurance company without legal advice. The only way to ensure that you are getting a fair settlement is to contact a car accident lawyer in Houston, TX.
The Truck Size Accident Disparity
After a truck accident, you should get legal help from a truck accident lawyer in Houston, TX from John K. Zaid & Associates. Careening down the road, you may not ponder the dangers that surround you. You feel safe in your vehicle, and you operate it without distraction or recklessness. However, this does not mean you will always be shielded from the possibility of a crash with another vehicle. When this happens, you may get injured, and your vehicle may sustain damages that make it difficult to drive. What about if the crash occurs with a truck? A truck accident lawyer in Houston, TX relies on knowing the sharp differences in these collisions versus any other making it more likely to be a life-altering event in one way or another.
The Size Disparity
A tractor-trailer is a beast of a vehicle. It is designed to haul everything from food to fuel, cars to heavy equipment, and everything in between. The size and weight make it quite the force on the road. When a passenger car comes into contact with one of these, the size difference alone makes a big difference. Even when not factoring in speed, the impact of the two colliding may mean more damage and a higher risk of casualty. This type of accident is when truck accident legal help from a lawyer Houston, TX trusts is of value.
Crashes Often Involve More Vehicles
Because of the size of a truck, likely, a crash does not remain between two vehicles. When a truck loses control, gets hit by another car, or has a mechanical failure, it can stretch across multiple lanes at one time. If the truck winds up sideways, it can mean head-on collisions for vehicles. A Houston lawyer offering truck accident legal help believes staying away from an out-of-control truck is often impossible. When more cars are impacted, there are more injuries.
Catastrophic Injuries Are More Common
All of the above make for a highly lethal crash site. If a passenger car is impacted directly by a semi, the occupants may be lucky to escape with moderate injuries. Many semi-truck accidents are classified as catastrophic, meaning the risk of death is much higher. While death may not occur at the scene, although it can, the crash may result in injuries that are deemed catastrophic. Examples of some of these injuries are:
- Traumatic brain injury, which may lead to permanent impairment
- Spinal cord injury, which may cause paralysis
- Internal organ injuries, which may result in bleeding and organ loss
Get Truck Accident Legal Help from a Lawyer in Houston, TX!
Fortunate drivers may walk away from the scene with multiple fractures and contusions that eventually heal. However, those who may have taken the brunt of the collision may never walk again.
Truck accidents result in worst-case scenarios for many people, including truck drivers. Speak to a truck accident lawyer for legal help in Houston, TX from John K. Zaid & Associates to find out if there is any compensation you can receive for your injuries.
Why would the truck driver be liable?
When two cars are in an accident, there is usually one driver who is at fault because they behaved in a negligent or reckless manner. Under Texas law, the other driver can pursue a claim against that driver for financial compensation for any injuries and property damage they may have suffered in the crash. Although there is still that same theory of negligence in a truck accident, unlike a car accident, there is often more than one liable party that a victim can pursue damages against. The following are some of the possible liable parties and the reasons why a truck accident lawyer in Houston, TX would want to include them in your lawsuit.
Why would the truck driver be liable?
The truck driver is often liable for the crash due to negligent or reckless behavior. Some of the most common include:
- Distracted driving
- Driving under the influence of alcohol and/or drugs
- Fatigued driving
- Traffic law violations
- Federal Motor Carrier Safety Administration violations
Why would the trucking company be liable?
The truck company that employs the truck driver is usually liable for the actions of their employee. As a Houston, TX truck accident lawyer can explain, this is the legal principle of vicarious liability, which means that when an employee is negligent, this negligence is passed to their employer. Reasons why a truck company may be liable include:
- The company failed to conduct a background check on the truck driver’s driving record
- The company failed to properly train the truck driver on how to properly handle these massive vehicles
- The company failed to monitor the actions of the truck driver
- The company failed to conduct routine drug testing of their truck drivers
- The company required the truck driver to work more hours than are allowed under federal regulations
- The company failed to perform regular safety inspections and maintain the vehicle
Why would the cargo company be liable?
Typically, it is a third-party cargo company that loads the goods that the truck driver is transporting. If the cargo is improperly loaded, this can result in goods falling off the truck and hitting other vehicles, the load shifting causing the truck to tip over, or overloading the truck causing the truck driver to lose control of the truck and causing a crash.
Why would the truck maintenance company be liable?
If the trucking company uses a third-party company to maintain and repair their fleet and that company fails to repair a mechanical issue that causes the truck to crash, the maintenance company can be held liable for any losses that injured victims suffer.
Why would the truck manufacturer be liable?
Some truck accidents are caused by a defective truck part. There could be a flaw in the design, or the defect could have occurred during the manufacturing of the part. If this is what caused the crash, then the victim can pursue damages against the manufacturer. Some of the more common truck defects include:
- Steering column
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If you have been injured in a truck accident, contact John K. Zaid & Associates to speak with a skilled Houston, TX truck accident lawyer and find out what legal recourse you may have for your injuries.
What Are Complications in a Truck Accident Case
In many ways, truck accident cases are much more complicated to deal with than car accidents, as a truck accident lawyer in Houston, TX knows. With a trusted and experienced truck accident lawyer like one from John K. Zaid & Associates at your side though, your experience going through the claims process can be simplified so that you don’t have to be overwhelmed.
What if I was partially at fault?
The types of consequences that you may experience if you are partially at fault in a truck accident depend on where you live. Not all states have the same laws when it comes to dealing with negligence. For example, certain states have comparative negligence laws that dictate that fault is determined by the respective contributions made by each party involved in the accident. In other states, even if you have a minimal fault, you will not be able to recover compensation. Consult a lawyer to see what the negligence laws are in your particular state.
What happens if multiple parties are at fault?
A truck accident can quickly get complex if there are multiple parties at fault. However, since commercial trucks often are connected to a large chain of parties with their own responsibilities, such as contractors, carriers, drivers, manufacturers, and third-party vendors, liability can be applied to a number of parties. For example, if a truck is not deemed to be road safe due to faulty parts or falsities made during vehicle inspections, the carrier and manufacturer are some parties that can be held liable.
What if the accident occurred in a different state?
Some truck accidents occur in a state that is not the home state of the injured party. This often happens if an injured victim is on vacation or is traveling through a different state to reach their destination. However, the process to file a lawsuit is not as complicated as one might think. Truck accident victims who were injured in a different state are able to file a claim in the state where the accident occurred. However, some states allow for victims to file a claim in their home state as well when dealing with out-of-state accidents.
What if the trucking company denies fault or blames me?
It is not uncommon for the trucking company or driver to shift the blame onto the victim. They may go to whatever lengths necessary to ensure that they are not at fault so they won’t have to pay damages. If this happens to you, don’t accept it no matter how forceful they try to be. Allow a lawyer to handle your case so that they can aggressively fight for you.
What if the insurance company offers a low settlement amount?
Insurance companies will do whatever it takes to preserve their profits. For this reason, don’t expect them to give you an easy time if you need to notify them of an accident. They will probably offer you a lower settlement amount to trick you into thinking an offer is better than nothing. However, always first allow a lawyer to evaluate any kind of settlement offer for you to determine if you are getting a fair deal.
For more information, contact a lawyer like one from John K. Zaid & Associates now to receive urgent legal support.
Can you determine who was at fault in a Wrongful Accident?
When you are trying to recover from a close loved one’s wrongful death, it can help to have a top Wrongful Death lawyer Houston, TX families rely on John K. Zaid & Associates to support you along the way. You may be wondering if there is anything you can do to help you get through the emotional pain as well as any of the financial burden that you incurred upon their death. Especially for those who are close to the victim of wrongful death, you should not have to deal with the financial burden of wrongful death as well.
Our wrongful death attorneys are compassionate and sympathetic with what it is you need when you have experienced wrongful death and know that taking legal action is the only way that compensation can be recouped. Instead of trying to do this on your own, you can rely on a dedicated legal professional from John K. Zaid & Associates to help you through this difficult time.
Can you determine who was at fault?
We must determine what happened constitutes a wrongful death. The death of a loved one is tragic for anyone involved. However, when something happened to your loved one because someone else was acting in a way that was negligent, you want to know that you are not left simply to pick up the pieces of your loved one’s life emotionally and financially. If you and your attorney can determine that there was another person involved who acted in such a way that was careless, negligent, or reckless, it is likely you could have a wrongful death case on your hands.
How do I know when someone else was being negligent?
Determining negligence with a wrongful death is one of the first steps a top wrongful death lawyer in Houston, TX clients depend on will take. We look at all of the evidence to see what transpired in the hours and moments leading up to your loved one’s death. If your loved one died in a car accident because another person was driving distracted (texting and driving, not paying attention to the road in some way and driving) and then hit and killed your loved one, this is a common example of negligence that can cause wrongful death.
What are the different things I could be compensated for?
Many of our clients wish to know what they can be compensated for when it comes to wrongful death claims. There are large financial burdens that many people get because of the passing of their loved one. Some of the types of compensation you could receive are:
- Funeral and burial costs
- Medical expenses leading up to their death
- Lost future wages from a spouse
- Mental and emotional pain
- Loss of love
While there are others, we will need to go over the details of the circumstances and see if there are more potential ways that you or your loved ones could be compensated. For more information on a wrongful death lawsuit, please contact Houston’s top Wrongful Death Settlement lawyers in TX at John K. Zaid & Associates now.
Action Steps for Wrongful Death Cases
Wrongful death cases are often the result of the sudden passing of a loved one at the hands of a negligent or reckless party. Losing someone that you love is devastating. When the loss comes as a result of another’s misconduct, it can be incredibly tragic. This is especially true because in most cases, your loved one’s passing has occurred most unexpectedly. When someone has passed away at the hands of another, it’s not uncommon for families to consider whether they have the ability to take legal action. A top wrongful death lawyer in Houston TX will have the ability to assist families in taking key steps toward resolving a wrongful death case.
Contact an Attorney from the Onset
For family considering a wrongful death suit, often the best place to initiate the process is with a wrongful death attorney. Utilizing an attorney who has experience in this area of practice is important when working towards securing compensation for your losses. It will be vital to first determine if you are eligible to file for wrongful death. In most cases, only eligible beneficiaries are able to do so. Although there can be variations depending upon state laws, in most cases, eligible parties include immediate family members. It’s not uncommon for the person appointed as the estate executor to be responsible for pursuing the wrongful death suit.
Investigate and Gather Evidence
With the help of an attorney, it will be key to gather as much evidence as possible to support the wrongful death claim. Evidence is important in that it helps to prove that the defendant is liable and that damages occurred as a result. Examples of evidence for wrongful death cases can include:
- Accident Reports
- Police Reports
- Death Certificates
- Medical Documentation
- Eyewitness Statements
- Financial Information
Additionally, an attorney may also simultaneously conduct an investigation. This will occur in an effort to identify the negligent parties responsible for the passing of your loved one. They will also work to gather details regarding the events surrounding the accident to help prove negligence to build a strong case against liable parties.
Determine Whether to Pursue an Insurance Settlement or Lawsuit
One key step is determining the most appropriate way to pursue the wrongful death case. Depending upon the circumstances, one may be the better option. An attorney can help in identifying whether a settlement with the defendant’s insurance company or a lawsuit is in the best interest of the case. In some cases, an aggressive wrongful death attorney may be able to procure a settlement through the negotiation process. In some cases, this may allow the victim’s family to avoid a lawsuit altogether. While this may be an attractive option, it may not always yield the higher level of compensation descendants may be entitled to for their losses. In other situations, the insurance company may be difficult to reach an agreement with. When this occurs, pursuing a lawsuit may be the most appropriate next step.
Grief-stricken family members of a loved one who has passed away are often left to pick up the pieces. The impact can be significant. Not only can losing someone take an emotional toll, but facing financial losses may be another factor family is left to contend with. Take action by contacting an attorney with the dedication and compassion to guide you through the road that lies ahead. Contact John K. Zaid & Associates to learn more today!
Are Wrongful Death Settlements Taxable
When someone you love or care about has died because somebody else was reckless, careless, and negligent, you are probably preparing to file a wrongful death lawsuit. The top wrongful death lawyer in Houston, TX is available to help you with your wrongful death claim. John K. Zaid & Associates our experience in dealing with wrongful death cases and they are going to be able to help you understand that when you file a wrongful death claim and you win a settlement, that’s not the end of it.
People who have never fired a wrongful death claim are often going to wonder if wrongful death settlements are affected by the IRS code, and whether the settlements are taxable.
However Wrongful Death Settlements Determined?
Wrongful death lawsuits include three types of awards typically all three of these awards fall into two categories: pecuniary and non-pecuniary. When you have received a pecuniary loss as part of your settlement, and you are receiving damages that are quantified — such as the decedent’s earning capacity. Non Pecuniary losses are not as tangible such as pain and suffering, loss of affection, and more.
However, oftentimes you will hear the types of losses that you may receive as compensation called economic, non-economic, and punitive.
Economic damages are awarded to compensate for if you have lost a household income, you lost your inheritance, neural expenses, medical cost, and more. Noneconomic damages are mental anguish, emotional support loss, companionship loss, and more. Essentially some of it is literal tangible things that can be pulled up and looked at or have received value and non-tangible is things that are specific to you only.
However punitive damages are specifically designed to punish the defendant for the actions that they did to cause the death of a loved one. Punitive damages are often seen as not only punishment but it’s a way to force defendants to change how they are acting and ensure they understand that their actions have consequences.
Do you pay taxes on a wrongful death lawsuit?
No matter whether your wrongful death compensation is going to be the maximum value or not, and it’s not going to matter whether you earned it through a settlement pretrial or you went to trial or earlier compensation, wrongful death compensation is not going to be considered in, it is not going to be taxable.
However wrongful death lawsuits in Texas can include damages awarded for economic and non-economic damages as well as punitive damages, I need to talk to your top wrongful death lawyer in Houston to be asked about why the IRS is differentiating between the two and how tax law affects both things differently.
There are some important notes about personal injury case taxation that can help your wrongful death lawyer structure your case. Compensation for claims that have an origin and physical injury or sickness such as recovery for lost wages or future earning capacity, is not going to be considered gross income and is therefore tax-free. However, punitive damages are taxable to the full amount in Texas. Any portion of the award that is an accrued interest on the award is going to be taxable and this can affect some cases with rather long appeal processes. Furthermore, out-of-pocket medical expenses that were previously claimed as tax deductions are not going to be considered taxable because you did claim them as tax deductions previously. Recovery awards are going to be taxable before any legal fees and attorney fees are deducted, and attorney fees are not tax-deductible.
Talk to your lawyer about recent changes to the tax code in Texas that have made it more difficult for people receiving wrongful death lawsuit compensation to keep their full amount.
The following is a list of general damages that most states consider appropriate for compensation in wrongful death cases. A top wrongful death lawyer in Houston, TX from John K. Zaid & Associates can give a better idea of damages specific to each family’s case:
- Lost wages- this may include lost wages until the time of reasonable retirement of the deceased.
- Medical bills
- Funeral and burial expenses
- Pain and suffering- in the case of the deceased surviving the incident only to die later, pain and suffering may be awarded. Additionally, the family members’ pain and suffering at the loss may warrant monetary compensation.
What is the timeframe for filing a wrongful death lawsuit?
Each state has its own statute of limitations. Some allow one year from the time of the incident while others allow two years. It is advised that any family who has suffered the loss of a loved one should seek guidance from top wrongful death lawyer, like those at John K. Zaid & Associates, as soon as possible.
Ultimately, this is a difficult time for the family. In contacting John K. Zaid & Associates for a consultation, your family will feel a sense of relief. Relief in knowing that you have a knowledgeable team helping you navigate through the fog of sadness and trauma. We will guide you in the process and fight for justice in memory of your loved one. Call our office today to set up a free and confidential consultation with a top wrongful death lawyer Houston, TX families recommend.
The aftermath of a tragic accident can be overwhelming and emotional. In fact, many family members who have suffered the loss of a loved one, feel desperate and confused about the next step. They may even have mixed emotions about seeking compensation for their loss. The truth of it is, when it comes to wrongful death cases, seeking compensation is often the logical response. John K. Zaid & Associates understands the emotional turmoil that a death in the family can cause. Each top wrongful death attorney at our Houston, Texas firm is compassionate and patient when it comes to the family members and the terrible situation they are in during this time. John K. Zaid & Associates is also thorough and tough when it comes to developing and fighting for each and every case. Our attorneys are available for a consultation which is often the first step to healing.
What constitutes wrongful death?
Wrongful death is a term that is used when an individual’s death is caused by another person’s action (intentional harm) or inaction (negligence). This type of lawsuit is pursued in civil court.
What are some examples of wrongful death?
Unfortunately, fatal accidents happen every day in the United States. The following is a list of some more common examples of wrongful death. It is in no way a comprehensive list, as there are numerous diverse cases on record:
- Vehicle accidents including pedestrians being struck by vehicles
- Medical malpractice
- Slip and fall incidents
- Product malfunctions
Who can pursue wrongful death compensation?
All states agree that immediate family members may pursue wrongful death compensation for loved ones. Immediate family members include spouses, children and parents of minors or unmarried children. In some cases, the executor of the will may pursue a wrongful death lawsuit. A wrongful death lawyer Houston, TX can determine if a person has a valid legal claim to a wrongful death lawsuit.
Getting hurt in an accident can raise many concerns for people, as a personal injury lawyer in the Houston, TX area knows. A serious personal injury accident can have life-changing consequences. If the injuries sustained are severe enough, it can impact a person’s daily life forever. Even minor injuries can be a detriment to an accident victim’s life however, since it can force them to miss work or affect their ability to care for themselves or their family. If you need legal assistance to help you recover compensation, a personal injury lawyer like one from John K. Zaid & Associates can assist you.
What qualifies as a personal injury case?
You may have a personal injury case if you have suffered an injury that was caused by a negligent individual or an individual who caused you deliberate harm. These types of cases can involve injuries sustained due to car accidents, workplace accidents or pedestrian accidents. The more evidence you have for your case to show that you were not at fault, the more compelling your case will be.
What damages can I recover?
You may be eligible to recover many types of damages for your personal injury case. These damages include medical expenses, property damage, pain and suffering, and others. You can also include expenses for future treatment and medical care that you may need for your injuries. Listing your full damages can be hard without a lawyer, and you do not want to make mistakes which can cause you to miss out on money you may be entitled to. Meet with a lawyer to understand what damages you may be eligible to receive.
What types of personal injury cases can you help me with?
Because personal injury is a broad practice, a lawyer works on many types of cases. Car accidents, slip and falls, construction accidents, dog bites, and truck accidents are common cases that a trusted and experienced personal injury lawyer in Houston, Texas commonly handles. Many accidents are caused by negligence, such as dangerous driving or failure to follow safety policies or laws. If you believe that you may have a valid personal injury case, you are encouraged to talk to a lawyer to discuss your rights.
What benefits does hiring a personal injury lawyer have?
If you have a lawyer handling your case, you can have a much stronger case. A lawyer will aggressively fight so that you can receive the compensation that you deserve. They can help you with every aspect of your case, from gathering evidence to determining which legal strategies will best serve you. You will not have to worry about figuring out what to do in case of an issue or sudden obstacle. A personal injury lawyer will take care of the most difficult aspects of your case so that you can fully focus on your recovery.
Don’t wait to find out more about your legal options and seek help from a lawyer like one at John K. Zaid & Associates. Learn more about steps to file a claim by meeting with a highly qualified and competent personal injury lawyer in the Houston, TX area now.
Under Texas law, if someone has caused you to suffer a personal injury due to their negligent or reckless actions or behavior, you may have the right to seek the remedy of a financial compensation through a personal injury lawsuit. In order to be successful, the victim must prove this negligence. In the eyes of the law, the victim is the one who has the burden of proof in demonstrating the alleged at-fault party was negligent. A personal injury lawyer in Houston, TX knows the steps and evidence necessary to show proof and be successful.
What does burden of proof mean?
The American legal system is adversarial. In any civil action, when a person is accused of an act that harms someone else, it is up to the injured person to demonstrate a wrong has been committed by the person they are accusing, and that wrongful act resulted in circumstances that caused their injuries.
In a criminal case, the burden of proof falls to the government – federal, state, or local – that is prosecuting the alleged offender.
In both types of cases, the party who has the burden of proof must produce evidence that proves their case.
What are the degrees of proof?
Although in both a civil and criminal case, it is either the victim or the prosecutor who has the burden of proof, the degrees of proof in these types of cases are different.
In criminal cases, the prosecutor must prove their case “beyond a reasonable doubt.” This means there must be no doubt in the jury’s mind that the person who has been accused of the crime is the one who committed it.
But as a Houston, TX personal injury lawyer can explain, the degrees of proof in a civil case are different. The victim only has to prove their case by a “preponderance of the evidence.” This means the victim only has to prove to the jury that there is a greater than 50 percent chance that what they are accusing the other party of is true. Put simply, it means the victim has more evidence in their favor than the at-fault party does, even if it is just by the smallest degree.
Do I have a provable personal injury case?
The primary mistake most victims make regarding the potential of a personal injury case is not checking with a lawyer as to the viability of a possible lawsuit. They may think there is not enough evidence to win the case or that they cannot afford a lawyer to help them.
Both of these are often misconceptions. To find out what kind of case you may have, call John K. Zaid & Associates to meet with a dedicated Houston, TX personal injury lawyer for a free case evaluation.
If you are seeking a personal injury lawyer to help you recover monetary compensation for losses that you have suffered, there is limited time to do so, as a personal injury lawyer in Houston, TX can tell you. Many accident victims wait too long to take legal action for a number of reasons. They may not think they have a valid case or think that they will not be successful. However, a personal injury lawyer like one from John K. Zaid & Associates is available to answer all of your pressing questions regarding the claims process.
What is my claim worth?
The value of your claim depends on several factors, such as the classification of your injuries, the type of damages you can recover, and the number of parties at fault. The best way to find out the most accurate calculation for the value of your case is to seek the assistance of a personal injury lawyer. They will evaluate your case and do the complete calculations so that you can be fully compensated for what you are entitled to.
How can I increase my compensation amount?
Not many clients know that there are ways that they can increase their compensation amount for their claim. Providing various types of evidence can help to bolster the strength of your personal injury claim. With a lawyer there to support you, they can help determine which pieces of evidence you have that are the most useful and compelling for your claim.
Can I recover compensation if I contributed to the accident?
If you are at partial fault in an accident, you may still be able to recover financial compensation. However, it depends on the type of personal injury accident as well as the state’s laws. For instance, car accidents in states are subject to different negligence laws. In states that have a contributory negligence law, a victim will not be able to recover any type of compensation even if they were minimally at fault.
Can I file a personal injury claim for a workplace accident?
You may be able to file a personal injury claim if you have suffered an injury at work. Unlike a worker’s compensation claim, you will need to show that the employer or another party was at fault. If the employer or other person acted negligently, and their actions resulted in your injury, you may be able to successfully file a personal injury claim against them to cover your losses. If you are not sure what type of claim you should apply for, reach out to a skilled personal injury lawyer to understand your options.
Personal injury cases can be incredibly complex, so hiring a lawyer like one from John K. Zaid & Associates can make it much easier to go through the process. You likely have many questions about your next steps and full legal options, so don’t wait to contact a trusted and qualified lawyer right away. Call a skilled personal injury lawyer in Houston, TX now to receive the legal information that you need to know.
Throughout the Houston community, injured bikers come to John K. Zaid & Associates to consult our motorcycle accident lawyer in Houston, Texas about recovering damages from negligent drivers. Though it might seem as if the claims process should be straightforward, the at-fault party’s insurance company may not be willing to pay full compensation. Far too many are more concerned about their profits and dividends than about the victims who were injured through no fault of their own. If you suffered terrible injuries in a motorcycle accident, you may be best served by hiring an experienced lawyer who knows how to get full compensation from a reluctant insurance company.
Common Causes of Motorcycle Accidents
As a leading motorcycle accident lawyer in Houston, TX, we have handled a wide range of cases. Though a motorcycle crash can happen any number of ways, some causes are more common than others. Regardless of how the other driver caused the accident, contact our motorcycle accident lawyer for a complimentary consultation. Here are some of the most common causes of motorcycle accidents:
- The driver of the passenger vehicle (or truck) did not adequately check traffic around them before changing lanes, and because they did not see the motorcyclist beside them, they ran into them.
- A passenger vehicle driver turned left at an intersection before seeing an oncoming motorcyclist, and subsequently crashed into the motorcyclist.
- A motorcyclist is waiting at a stop light or a stop sign, and a vehicle comes up behind. Not seeing the motorcyclist, the vehicle driver rear ends the bike.
Common Injuries from Motorcycle Accidents
Our seasoned motorcycle accident lawyers in Houston, Texas represents those who have suffered severe or life-threatening injuries because of another’s negligence. If you are a family member of someone who was killed in a motorcycle accident, you may be eligible to seek compensation on behalf of their estate. Contact us at John K. Zaid & Associates to learn more about this. Any injury could potentially be serious and require long term medical treatment and the possibility of a permanent condition. Some of the most common injuries sustained by motorcyclists include the following:
- Brain or closed head injuries.
- Loss of limbs.
- Broken or fractured ribs, collarbone, or other bones.
- Internal bleeding.
- Deep lacerations.
- Severe bruising.
- Soft tissue damage.
- Broken or dislocated knees.
- Road rash.
- Abdominal bruising or internal bleeding.
Recover Your Damages in Full with Our Help
One injury can also lead to another. For instance, a broken rib could cause a punctured lung, particularly if the individual did not seek immediate medical treatment to stabilize the ribs. However, because in this example the two injuries occurred as a direct result of the accident, the at-fault driver can be held liable for both of them as well as any other damages. Our motorcycle accident lawyers in Houston, Texas have significant experience in identifying and valuing all damages when submitting a claim for a client. Many times the accident victim does not realize the full extent of compensable damages and stands to lose out on thousands of dollars if they proceed on their own. Call our office to discuss your case with our Houston, Texas motorcycle accident lawyer from John K. Zaid & Associates.
Being involved in a motorcycle accident is a traumatic and frustrating experience made even worse when you suffer injuries as a result of your collision. To help you recover damages for your suffering, a Houston motorcycle accident lawyer can guide you through the complex personal injury claims process.
What damages can I seek?
Recovering damages after you suffer a motorcycle accident injury is more complicated than simply filing a personal injury claim. Collecting damages requires experience and understanding of the law.When you work with the experienced team at John K. Zaid & Associates, we’ll work hard to try and get you compensation for:
- Pain and suffering
- Emotional distress
- Lost wages
- Lost earning potential
- Loss of life enjoyment
- Loss of companionship
- Medical bills
- Rehabilitation costs
All of these possible compensation avenues require evidence. It also requires skill in negotiating with insurance companies. Our Houston, Texas motorcycle lawyer team is ready to show you how we can help.
Are settlement offers always the best move?
Not necessarily. Your interests and the interests of the insurance company are not the same. You want to maximize your financial recovery so you don’t have to pay out of pocket for medical expenses related to a motorcycle accident you did not cause. The insurance company wants to keep that money in their pocket and pay you as little as possible. So what does the insurance company do? They offer you a quick settlement hoping you will take it without thinking about all of your bills. Your injuries, even if they are minor, may require medical attention. We know that does not come cheap. It is therefore important to avoid accepting a settlement offer until you’ve spoken with a motorcycle accident lawyer Houston, TX residents trust.
We can help you create an accurate estimate of your future medical needs. We do this so we can assess the true value of your personal injury claim. Our goal is to use this estimate in negotiations with the insurance company to help maximize your financial recovery.
Do I really need a lawyer?
Depending on the facts surrounding your motorcycle accident, you may be entitled to substantial compensation. But filing a personal injury claim is not easy. It requires evidence, meeting strict deadlines, and working alongside insurance companies whose interests are different than yours. A Houston motorcycle accident lawyer can handle all communications with the insurance company and work with experts who will investigate your motorcycle accident to determine who was at fault. Our firm’s goal is to maximize your financial recovery so you don’t have to worry about how you pay your medical expenses. Contact a Houston motorcycle accident lawyer today to get started.
If you’re at the park and suddenly your dog starts growling at a child or another person for any reason, with no history of a hostile attitude, you should think that you should be able to get your dog under control. However a dog is still an animal that you cannot fully control. No matter your commands, Sparky is going to pounce that child or that person and they’re going to bite. But what you might be wondering about is, your dogs are but somebody! What happens to them now?
So let’s walk through the dog bite basics of Houston Texas, and if you have any more questions you should reach out to a dog bite lawyer in Houston TX such as the ones available at John K Zaid & Associates.
You may be wondering what steps to take after your dog has bitten somebody, or otherwise asking yourself, what do I do now?
You’re worried about your dog, and that’s okay because the dog is part of your family. Let’s talk about a few things here. After your dog has seen somebody, you should check the victim’s injury to see if it is serious and if it is serious you need to seek medical attention right away. But if it is not serious, wash the wound and then consult a doctor just to be safe. The person that was bitten should get a tetanus shot just to be safe, and then you’re going to combine your animal in a pet carrier if you are able.
If you cannot contain the animal, you should find the owner of the animal, unless that is you, and then contact an animal control officer to help you get the animal under control. This animal control officer is going to be investigating the animal that bit someone. If you believe an animal has rabies should contact Houston’s rabies suspect investigations, but all dog bites have a different line that they can be reported to.
What about the one bite rule? You’ve heard it, it’s big in other states, so what about Texas?
Unlike some states Texas does not have a statute that focuses on dog bites, instead they have something called the one bite rule. This establishes that the victim can recover compensation from whoever was in charge of the dog whether it was the owner, keeper or just a dog walker, if the dog previously bit somebody or acted as if it would like to bite someone, and if the person was in charge of the dog at time was aware of the dog’s previous conduct.
Tendency for a dog to injure humans is called vicious inclination, but if these two conditions are not met and the victim is not going to be able to recover under the one bite rule. So essentially all dogs in Texas get one bite, before the owner is going to be held liable.
Reach out to a dog bite lawyer in Houston TX if you have any questions about your dog bite case and want to know more about the dog bite basics of Texas.
Dog bites happen to many unsuspecting adults and children each year. A serious dog bite can result in devastating physical injuries as well as emotional and psychological harm, like post-traumatic stress disorder. If you have been bitten by a dog and suffered an injury, you may be entitled to damages. The following questions are ones that a dog bite lawyer in Houston, TX like one at John K. Zaid & Associates can answer during your consultation.
What should I do if I’m bitten by a dog?
If you are bitten by a dog, you should seek medical help right away. Even if you have not been seriously injured or don’t see much bleeding, you should go to a doctor immediately anway. If you are bit by a stray dog or another person’s pet, you don’t know if the dog has diseases or is up to date on its vaccinations.
What are common dog bite injuries?
Dog bites can be painful and cause serious bodily damage. Dogs have a strong bite force, regardless of their size or breed. They can cause injuries like cuts, puncture wounds, torn flesh, fractures, broken bones, disfigurement and scars. In addition to the physical wound, bites can result in infections if the dog is not vaccinated against deadly diseases such as rabies. This is why it’s important that you are able to get medical treatment right away if you are bitten by a dog. A dog bite can result in emotional trauma and cause conditions like post-traumatic stress disorder, especially in children.
Can the owner be held criminally responsible?
A dangerous dog is a dog that cannot be rehabilitated or is aggressive around people or animals, and owners are responsible for ensuring that they are restrained and leashed properly.
Owners can be held liable if their dog bites a person or animal. Dogs and other pets are considered property, so the owner can face criminal charges or a civil lawsuit can be brought against them.
What damages can I claim?
If you are filing a dog bite claim, you may be able to recover compensation for damages such as medical expenses, lost wages, emotional trauma, pain and suffering and more. A dog bite can force you to miss weeks or months of work. If you have been disfigured by a dog, you may also be able to receive compensation for lost future wages as well. This is often awarded for dog bite victims who have been seriously permanently injured and are unable to work again.
Do not wait to seek legal assistance and find out what your full legal options are. You may be entitled to more compensation than you think if you have suffered a dog bite injury. You can receive legal assistance with help from a lawyer like one at John K. Zaid & Associates. They will provide you with the legal assistance that you need so that you can get the best possible case results. Reach out to a qualified lawyer today so that you begin working on your claim.
If you or your pet were recently bitten by a dog that is not yours while in the Houston area, it is important to consider your legal options. No matter the level of severity, an experienced Houston, TX dog bite lawyer can advocate for you and work to obtain compensation for your losses, including medical costs, lost wages, pain and suffering, and more. If you believe the bite was due to the negligence of the owner of the dog who bit you, consider contacting John K. Zaid & Associates to request a free case evaluation as soon as possible.
The “one bite” rule
The principle of strict liability says that owners are liable if their dog (sometimes other pet species are included) bites or attacks another person or pet. In the state of Texas, the state does not utilize the principle of strict liability with regards to dog or other animal bites.
Instead, Texas follows the “one-bite” rule. The rule states that it must be proved that the attacking dog has a propensity for violent behavior. Likewise, it must be proved that the owner of the violent dog was aware of the dog’s aggressive nature, but neglected to take proper precautions to prevent unwanted contact with passersby or neighbors.
These qualities pose particularly difficult challenges in collection of evidence proving the dog to be aggressive and the owner to be negligent. An attorney that has expertise representing victims of dog bites will be able to evaluate your unique situation and help create a plan for taking action.
Proving a Dog is Aggressive
It is notoriously difficult to prove a dog is aggressive, but there are several promising methods of obtaining evidence through these methods:
Authorities and legal professionals can collect information about an animal that is suspected to have bitten someone from neighbors. By interviewing the people who frequent the area and asking them questions regarding the behavior of the dog, we may be able to form a picture of the likelihood of the animal attacking another person or animal. Through this process, we may hear about other incidents that were not reported that are telling of the aggressive behaviors of the dog.
Authorities can request medical records regarding the accused animal which may contain notes or information about the behavioral tendencies of the animal. By speaking with a veterinarian that has examined or treated the dog, we can further develop a behavioral profile. They may have documented past incidents from previous or current owners that the owner has not disclosed.
The property where the dog resides may have posted signs warning visitors and passersby of the animal. Dog warning signs may imply that the dog has aggressive tendencies. For example, if the animal has become free from the enclosure due the negligence of the residing dog owner, this may help further the likelihood of the success of your case.
When a pet dog is allowed to roam freely, there is a risk of incidents happening where a person or another pet animal is bitten. Whether the animal has a history of aggression or not, if it can be concluded that it was knowingly allowed to roam freely in an area with pedestrian traffic, this may further prove negligence of the owner.
Despite the challenges of proving aggression of a pet dog posed by dog bite cases, there are proven methods for finding the necessary evidence. Our firm has experience in the area of Dog Bite and can help provide you with clarity and direction throughout your recovery. The sooner you know your rights, the sooner one of our experienced attorneys can begin investigating the best course of action for your unique situation and work to protect them. Contact the offices of John K. Zaid & Associates today to request a free case evaluation.
According to the Occupational Safety and Health Administration (OSHA), the construction industry is one of the most dangerous to work in both here in Texas and across the country. This is because of the high percentage of workers who are killed in construction accidents. Even workers who survive their injuries are often left with catastrophic and permanent disabilities. If you or a loved one has been injured in a construction accident, it is critical to have a skilled construction accident lawyer in Houston, TX advocating for you and making sure you get the financial compensation you deserve.
The following are some of the most common types of construction accidents the lawyers at our personal injury firm handle.
Every phase of remodeling a structure or building a new one takes time. From ironworkers putting up steel beams to drywallers installing sheetrock for the walls, and everyone in between. Each of these phases takes time. One important phase is the installation of the structure’s electrical system. This installation, which often takes time, means that there is the risk of being injured by exposure of live wiring and other electrical system components.
Many construction sites have large and heavy pieces of equipment in operation that are used to lift and move building materials. If a worker makes a mistake while operating one of these machines or there is some breakdown or malfunction of the equipment, this could result in injuries to any other workers or bystanders.
Falls and Falling Objects
Construction workers rely on scaffolding and ladders to get to building roofs and other areas of height. A Houston, TX construction accident lawyer knows that one common cause of injury is workers dropping tools, material, or other objects they are holding onto while at these heights.
There is also the great risk of the worker themselves falling from these heights or having scaffolding collapse or a ladder fall.
Due to the excavation that often occurs at a construction site, the ground around the structure is typically unstable during the building process. There are often trenches and holes dug by workers that also contribute to this instability. This can cause a collapse of the ground or parts of the building, resulting in injury or death to anyone in the area when the accident occurs.
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There are many different scenarios that can play out in a construction accident. Although in many of these cases, the injured worker may be entitled to workers’ compensation benefits, there are also a great many number of construction accidents where the victim may be able to file a third-party claim, depending on the circumstances.
There are also private citizens who may be walking or driving by a construction site who are seriously injured because of activity or negligence of the construction company.
No matter what the circumstances of your injury, call John K. Zaid & Associates today to meet with a seasoned Houston, TX construction accident lawyer and find out what legal options you may have.
If you have been injured in a Texas construction accident, you may be overwhelmed with high medical bills and the financial stress of not being able to work while you recover. Depending on the circumstances of the accident, victims of construction accidents may qualify for compensation for their medical expenses, lost wages, and disability. In some cases, victims may also be compensated for pain and suffering and loss of quality of life. A construction accident lawyer in Houston, TX can evaluate your situation and determine what type of case you may have.
Who is liable in a construction accident?
It is no secret how dangerous a construction site is. In fact, the federal government (OSHA) has deemed jobs in the construction industry to have one of the highest risks of injury and death to workers. Some of the more frequent construction site accidents include fall injuries, trench collapses, and equipment/machinery accidents.
Regardless of what type of incident it was, a Houston, TX construction accident lawyer understands just how life-changing these accidents can be. When a victim is injured, they may be eligible for workers’ compensation benefits to cover the medical expenses and loss of income, regardless of what party was at fault for the accident.
However, if the accident occurred due to the negligence of a property owner, contractor, subcontractor, or equipment manufacturer, the victim may be eligible to file what is referred to as a third-party lawsuit.
What is the difference between a workers’ compensation claim and a third-party lawsuit?
Workers’ compensation benefits cover the victim’s medical expenses and a percentage of their weekly pay. It does not cover 100 percent of the victim’s salary. A third-party lawsuit will cover past, present, and future medical expenses and all of the lost wages. The victim may also recover compensation for any loss of future earning capacity if they have been left permanently disabled. The victim may also be awarded compensation for pain and suffering, permanent disability, scarring, and more.
How will my lawyer determine liability and what type of legal action I should file?
Determining liability for construction site accidents can be complex. Your attorney will investigate the accident, gathering evidence that will reveal who is liable. This can include using incident reports, witness statements, video from security cameras, and other evidence.
Once your lawyer has determined all liable parties, he or she will discuss with you what the best course of action is in order to obtain the best financial results.
Have You Been Injured in a Construction Accident?
If you are dealing with injuries you sustained on a construction site, contact a Houston, TX construction accident lawyer for legal assistance. Call John K. Zaid & Associates today to schedule a free and confidential consultation.
- Move your vehicle(s) out of oncoming traffic, preferably a safe spot such as the shoulder or nearby parking lot, as soon as possible. More injury and damage can occur if you and your vehicle are still in harm’s way.
- Check on the other drivers and passengers.
- CALL 911. It’s important for police officers and first responders to be on scene after your accident, especially if there have been injuries. If you or anyone else has been injured, seek medical attention as your top priority. Everything else can wait.
- Take photos of the accident. Alternatively, contact Houston, TX car accident lawyers and we will come out to document the scene if doing so is possible.
- Do not refuse medical attention. It is absolutely essential that you get yourself looked at by the on-scene medical professional. It is also important to have your own medical professional review your injuries and provide their own diagnosis.
- Follow your doctor’s instructions thoroughly, including taking any prescription, time away from work, etc.
- Speak with Houston, TX car accident lawyers. It’s crucial to get legal representation as soon as possible following your auto accident. Our firm will be able to give you detailed next steps and will be able to help you explore your legal options.
One of the most painful – and dangerous – injuries an accident victim can suffer is a burn injury. It is estimated that there are more than one million people who suffer burn injuries each year. Almost 50,000 of those victims suffer burns so severe that they need to be hospitalized. A burn injury lawyer in Houston, TX knows that there are a number of different types of accidents caused by the negligence of others that can result in burn injuries, including defective products, car accidents, and electric shock.
Burn injuries cause both a significant amount of pain, as well as deep scarring, depending on the severity of the burn. However, burn injury victims are also vulnerable to complications that can arise because of the injury. These complications can lead to serious health issues and can be fatal.
A frequent complication that burn injury victims deal with is infection. The main job of our skin is to act as a shield for our body, protecting it from bacteria. When the skin is damaged due to a burn injury, it is unable to protect and prevent these contaminants from entering.
A Houston burn injury lawyer knows one of the most dangerous of these infections is sepsis. This infection quickly spreads through the victim’s bloodstream throughout the entire body, attacking the organs. If sepsis is not caught in time, the victim will die. Victims who do survive sepsis are sometimes left with permanent organ damage.
A victim who has suffered serious to severe burn injuries is usually confined to a bed while they recover. But this can have an impact on their body’s circulation system, putting the victim at risk of developing blood clots in the arms and legs. These clots can quickly travel to major organs and be fatal.
Low Blood Volume
The more serious the burn, the deeper through the skin’s layers it damages. If the burn is severe enough, the damage can go all the way through and cause damage to surrounding blood vessels. This leaves the body unable to maintain the blood flow it needs and leaves the heart unable to pump enough blood.
Scars and Mobility Limitations
Even a minor burn can leave a victim with scarring. The more severe, the more scarring and disfigurement they suffer. This can also have an impact on the victim’s mobility.
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No matter what type of accident resulted in your burn injury, a burn injury lawyer can help you get the financial compensation you deserve if the incident that caused your injuries were the result of negligence or recklessness of another party. You may be entitled to damages for all of your medical expenses – both present and future – as well as lost income if you were unable to work while you recovered from your injuries. If your injuries have left you unable to return to work, you may be entitled to loss of future income. Other damages may include pain and suffering, emotional anguish, disfigurement, scarring, and permanent disability.
If you lost a loved one due to burn injuries, our legal team can help you pursue a wrongful death claim against those parties responsible.
To learn more, call John K. Zaid & Associates to schedule a free and confidential case evaluation with a dedicated Houston, TX burn injury lawyer
At John K. Zaid & Associates, we’ve assisted victims with all different types of burn injuries, including injuries from pressure cookers. If you own a pressure cooker, you know that using it can save you substantial meal preparation time. What you may not know until it’s too late, however, is that these specially constructed cookers are extremely dangerous and are known to cause extremely serious injuries. Read on to learn more about what you should do next.
Over the years, hundreds of pressure cookers have unexpectedly exploded while in use, causing such horrific injuries as extensive burns, blindness, amputations and even death. These injuries have not been limited to the person preparing food, but also have injured nearby bystanders, including toddlers and young children. Other pressure cookers have caused electrocutions.
Recalled Pressure Cookers
The U.S. Consumer Product Safety Commission and manufacturers themselves have recalled many brands of pressure cookers, including the following, due to faulty seals and other defects:
- 3-Squares Tim3 Machin3 Cookers
- Alcan Pressure Cookers
- Double Insight Instant Pot Pressure Cooker
- Fagor America Cookers
- HSN Bella Cucina Zip Cookers
- HSN Ultrex-brand Pressure Cookers
- Manttra Pressure Cookers
- Maxi-Matic Cookers
- Maxi-Matic Pressure Cookers
- Power Pressure Cooker XL
- Tabletops Unlimited Cookers
- Tristar Products—Power Pressure Cooker XL
- Welbilt Electronic Pressure Cookers
- Wolfgang Puck Worldwide Cookers
Unfortunately, however, many consumers who own these defective pressure cookers never received a recall notice. Consequently, you may still be unwittingly using a recalled pressure cooker and subjecting yourself to risk of catastrophic injury. If you discover you own a recalled brand, dispose of it immediately and you may want to consider contacting a burn injury lawyer in Houston, TX.
Class Action Lawsuits
Numerous class action lawsuits have been filed across the country on behalf of people whose pressure cooker injured them or their loved ones against these and other pressure cooker manufacturers, including the following:
- Conair Corporation d/b/a Cuisinart (Cuisinart)
- Costway.com, Inc. (Costway)
- Fenca America. Inc (previously operating as Fagor America, Inc.) (Fagor EZ Lock)
- GROUPE SEB USA, INC. (Mirro)
- Instant Brands, Inc. (Instant Pot)
- MAXI-MATIC U.S.A., INC. (Elite Bistro)
- National Presto Industries, Inc. (Presto)
- Nuwave, LLC (NuWave)
- Sunbeam Products, Inc. (Crock Pot)
- Tabletops Unlimited, Inc. (Phillipe Richards)
- TTK Prestige Limited (Prestige Rise ‘n’ Time)
- Wolfgang Puck Enterprises, Inc. (Wolfgang Puck)
These lawsuits allege one or more of the following:
- Breach of express warranty
- Breach of implied warranty of fitness for a particular purpose
- Breach of implied warranty of merchantability
- Negligent products liability
- Strict products liability
If your pressure cooker unexpectedly exploded or otherwise caused injury to you or a family member, contact us at John K. Zaid & Associates to explore the possibility of joining one of these class action lawsuits or filing a lawsuit yourself against the manufacturer of your particular pressure cooker.
A Houston, TX burn injury lawyer knows that there are many different types of accidents that can leave a victim with burn injuries. For example, if a vehicle involved in a crash catches fire or explodes, any victims in the vehicle can be burned.
There are also many workplace accidents where victims suffer burns from chemicals or other hazardous substances.
Other types of scenarios that can result in serious burn injuries include:
- Boiling liquids
- Boiling steam
- Electrical shock
- Hot glass
- Hot metals
What are some of the complications victims can suffer from burn injuries?
Even with proper medical care, burn injury victims are still at risk of developing some of the following dangerous complications:
- Infections that can enter the blood (sepsis)
- Fluid loss
- Low blood volume
- Low body temperature
- Breathing issues
- Bone and joint issues from scar tissue interference
One of the most painful injuries involves burns to the skin. Burn injuries can range from minor to severe, with many victims unable to survive. According to national statistics, about 180,000 burn victims die each year due to their injuries. In Texas, if a victim suffers burns due to the negligence of another party, they can pursue a personal injury lawsuit against that party for financial compensation for the losses the injuries have caused. A burn injury lawyer in Houston, TX can help.
What are the degrees of a burn injury?
As mentioned above, even a minor burn injury can cause discomfort. The symptoms that go along with a burn injury can vary, depending on how severe the damage to the skin is. It is not uncommon for these signs to take a couple of days before they appear. To get a better idea of this, think about a sunburn. If you have ever had one, you may remember that the first day or so, you may have just thought you got some color at the beach, but by the next day or two, the pain emanating from your skin told a different story.
Burns are classified by degrees:
- First-degree: This is considered a minor burn, affecting only the outer layer of the skin. Symptoms include redness and discomfort.
- Second-degree: This burn goes down to the second layer of skin and can result in severe pain. Victims often have red and white spots on the skin and blisters often develop.
- Third-degree: The most severe and painful, this burn goes through all the layers of the skin, and often causes damage to nerves, leaving the victim suffering from numbness. The areas of the burn are usually brown or black in color.
Contact Our Office for Legal Help
If you have suffered burn injuries in an accident caused by the negligence of another party, a Houston, TX burn injury lawyer can help you get the compensation you deserve. Call John K. Zaid & Associates today to schedule a free and confidential case evaluation.
One of the most debilitating accident injuries a victim can suffer is a brain injury. Unfortunately, many victims do not realize they have suffered an injury right away. It can be hours or even days after the incident before symptoms begin appearing and even then the victim may not be aware of what is happening to them. Unfortunately, this can leave the victim at a high risk of permanent damage or even death. This is why a brain injury lawyer in Houston, TX recommends that even victims of minor accidents should be checked by a medical professional right away.
The following are some of the more common signs of a brain injury and an indicator that the victim should seek medical attention immediately.
Changes in Their Mood
If an accident victim exhibits changes in their normal mood, such as showing signs of anxiety, aggressiveness, or depression, there may be a brain injury. If the victim has a history of any mood disorder, such as depression, an exasperation of those moods could be a warning something is wrong.
Changes in Sleep Habits
Any change in sleep patterns or habits should initiate a call to the victim’s doctor. This includes sleeping too much or not being able to fall asleep or stay asleep.
Confusion or Disorientation
Being involved in an accident can leave anyone shaken up, however, if the victim shows symptoms of being confused, disorientated, or dazed hours after the accident occurred, this could be a sign that they have sustained a brain injury.
Loss of Consciousness
A Houston, TX brain injury lawyer knows that any time an accident victim loses consciousness, emergency medical attention should be sought immediately, even if just for a few seconds. A loss of consciousness is a significant sign that there has been some kind of injury to the victim’s brain.
Sensitivity to Stimuli
If the victim has an unusual sensitivity to sound, light, or other stimuli, they should consult with their doctor to make sure they have not suffered a brain injury since this is also an indicator.
There are a myriad of other symptoms that accident victims should also watch out for, including:
- Vision issues
- Nausea or vomiting
- Loss of balance
- Slurred speech
- Weakness in arms, legs, or face
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Brain injuries are one of the most serious and financially burdensome injuries and accident victims can suffer. There is often long-term or permanent damage done that requires all kinds of changes in the victim’s lifestyle. The financial costs and the inability to work for a victim who has suffered a serious brain injury can be overwhelming to both the victim and their family.
If you or a loved one has suffered a brain injury, contact a Houston, TX brain injury lawyer from John K. Zaid & Associates to find out what kind of legal recourse you may have.
Victims who suffer brain injuries in accidents are often left dealing with a future that has many unknown issues. This can be both frustrating and frightening. There are often high medical bills, loss of income, and other significant impacts on the victim’s life. If the accident was caused by the negligence of another party, Texas law allows the victim to file an injury claim against them. A brain injury lawyer in Houston, TX can help.
What are some of the symptoms of a traumatic brain injury?
Whether the injury occurs from a vehicle accident, act of violence, or slip and fall incident, the symptoms of brain injuries are all similar and can be very dangerous. Any kind of blow to the head should be checked out by a medical professional, even if no symptoms are present. However, if any of the following occur, the victim should be taken to the hospital immediately:
- Loss of consciousness
- Painful headaches
- Problems with vision
- Slurred speech
What type of compensation can a brain injury victim collect in a personal injury claim?
A Houston, TX brain injury lawyer can help victims file a personal injury claim against the negligent party or parties who were responsible for the incident that caused the brain injury. For example, the at-fault driver in a car accident or the property owner in a slip and fall incident would be potential parties to any kind of brain injury lawsuit.
In order to determine what type of damages a victim is entitled to, their lawyer will evaluate their case and see what type of impact the injury has had on the victim’s overall quality of life, including any cognitive issues, their ability to provide for themselves and/or their family, pain level, and other issues.
There are a myriad of damages a brain injury victim may be entitled to, depending on the severity of the injury. These include the following:
- Current medical expenses
- Rehabilitation stays and services
- Future medical expenses if the injury will require long-term or life-long care
- Lost wages while the victim recovers
- Loss of future income if the victim is unable to work because they have been left disabled
- Pain and suffering
- Mental anguish
- Permanent disability
- Loss of life enjoyment or quality of life
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If you or a loved one has suffered a brain injury due to the negligence or recklessness of someone else, do not try to pursue damages on your own. These cases can be complicated and often require the legal knowledge and experience of a Houston, TX brain injury lawyer. Victims should concentrate on healing and let their lawyers deal with the stress of negotiating fair settlements or litigating their lawsuits. Call John K. Zaid & Associates to schedule a free consultation and find out how we can help.
The birth of a baby is supposed to be a joyous time in every parent’s life. But when something goes wrong during labor or delivery, that joy can quickly become fear of not knowing what is wrong with your baby and what kind of future they will have. The majority of birth injuries are almost always preventable medical errors by doctors, nurses, or other medical professionals. If your child has suffered a birth injury, contact a birth injury lawyer in Houston, TX to find out what legal recourse you may have.
The following are the most common medical conditions caused by birth injuries.
Cerebral Palsy (CP)
Cerebral palsy is usually a result of oxygen deprivation during the birthing process. There are cases where the issue occurs because of unknown reasons, however, in the majority of cases, the lack of oxygen to the infant is due to a medical error either during the mother’s prenatal care or during labor and delivery.
According to national statistics, approximately two out of every 1,000 births result in cerebral palsy. The condition is not always recognized right away but is usually diagnosed during early childhood, often because the baby is not developing at the same pace as other children their age. While symptoms may appear shortly after birth, the diagnosis often doesn’t occur for a couple of years.
Brachial Plexus Injury
This condition is usually connected to shoulder dystocia, which occurs when the baby’s shoulder is blocked by the mother’s pelvic bone as he or she passes through the birth canal. This can cause the nerves which are connected to the baby’s arm and hand to become stretched. This damage can result in the baby being unable to rotate or flex the arm. If there is tearing of the nerve, this can mean permanent damage.
Hypoxic Brain Injury
If the baby is not getting enough oxygen during labor, there can be a severe injury. When there is prolonged deprivation of oxygen, the baby can suffer neurological disorders and brain damage. A Houston, TX birth lawyer has successfully represented a number of families who have faced this devastating situation.
Sometimes, during a difficult delivery, the doctor will use forceps to help guide the baby out of the birth canal. However, if the doctor does not use the forceps properly, this can cause pressure on the baby’s seventh cranial nerve – which is a facial nerve – and this can cause permanent paralysis.
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It can be devastating to discover that your child has suffered a birth injury that can affect them for the rest of their lives. Contact John K. Zaid & Associates to schedule a free and confidential consultation with an experienced Houston, TX birth lawyer. We will fight to get you and your family the financial justice you deserve. Call our office today.
Our birth injury lawyers in Houston, TX understand that having a baby is incredibly special. It’s a moment that’s never forgotten. However, babies are highly vulnerable when being born. Many things can go wrong, resulting in damage that can last for the rest of your child’s life. Therefore, it is critical that you use a reputable obstetrician. Here at John K. Zaid & Associates, we’ve compiled a list of a few common maladies that can occur, some of which may be triggered by medical malpractice.
The extent of harm to your baby’s brain depends on various factors, including the length of the trauma and what part of the head is affected. Causes of brain damage include a loss of oxygen, blunt force trauma, and infections. Your bundle of joy may make a full recovery or face long-term consequences.
This condition limits a person’s muscle control and is often accompanied by speech problems and developmental delays. While there is no cure for this condition, many adults with cerebral palsy live totally independent and fulfilling lives.
Individuals with Erb’s palsy experience paralysis of the arm, shoulder, or hand. It is caused by injury to the brachial plexus nerves during labor. Pulling on the baby’s neck or feet can cause this, as does the infant getting stuck underneath the pelvic bone. Although it is possible for children to make a full recovery even without treatment, others never gain mobility of their affected limb. You may want to discuss what can aid your child’s life with a birth injury lawyer in Houston, Texas.
Intrauterine Fetal Demise
More commonly known as stillbirth, an infant may expire for various reasons, including genetics or complications arising from simultaneously birthing more than one baby. Umbilical cord prolapse and poor maternal health are other contributing factors. This situation affects 1% of American women. If you have experienced this particular birth injury, it’s best to talk to an experienced birth injury lawyer today.
Upon birth, an infant’s skin may appear yellow. This could be a sign of high levels of bilirubin, a pigment that the body develops when it needs to replace blood cells. Most often, this condition clears up within 14 days. However, if the bilirubin is particularly high, permanent neurological damage can result. It’s best to consult your infant’s doctor for immediate care.
Spinal Cord Injuries
If a doctor is too rough with a baby when it’s entering the world, the spine can be damaged. The results are often catastrophic, from loss of movement within an arm or leg to complete paralysis. While spinal complications cannot be repaired, treatment is able to limit the fallout.
No matter what the condition of your baby’s health, your child is precious. Our birth injury lawyers at John K. Zaid & Associates have the best interests of your child at the center of our approach to each case. If malpractice caused your newborn to be harmed, you deserve compensation. Hire a birth injury lawyer in Houston, TX to litigate your case.
Birth injuries can quickly turn what should be an exciting and beautiful time for a family into a nightmare. They may leave children with severe and lifelong disabilities and trauma, whereas the parents may face financial struggles. When a doctor, midwife, or hospital is responsible for these injuries, you should consider hiring a birth injury lawyer in Houston, TX. John K. Zaid & Associates may be able to help you receive compensation for your birth-related losses. To give you the best chance at compensation, here are four things you should look for when selecting a birth injury lawyer.
1. Demonstrates Experience
Finding a birth injury lawyer in Houston, TX, with experience in birth injury and other medical claims will help your odds of winning your case. Make sure you hire a lawyer that not only works with birth injury claims but also has a good track record with them. You want to feel confident that they understand the system and cases similar to yours.
2. Offers Free Evaluation
A good birth injury lawyer in Houston, TX, will offer a free case evaluation to help you decide if they are the right fit for you. At John K. Zaid & Associates, we will evaluate your case to determine if you have enough evidence for a malpractice claim. You can also ask any questions you have at that time, and we will do our best to help you feel confident and comfortable before moving forward.
3. Has Community Recognition
Community-wide recognition is an important aspect of any law firm. Before choosing a birth injury lawyer in Houston, TX, check their testimonials, online reviews, and look for any public awards and ratings. Doing this research will increase your confidence in them and give you an idea of how likely they are to win your case.
4. Provides Resources
A well-established law firm will have plenty of resources to help you along your journey. An extensive legal team, legal assistants, and nurse consultants can all be used to help you win your case. Providing these resources and making them easily available to you is a good sign that you are in the right hands.
Dealing with a birth injury claim can be stressful, but the right lawyer can help you find closure and understanding in your story. At John K. Zaid & Associates, we are confident in our ability to help you navigate this difficult time.
Contact Us Today
Let us help bring joy back into your life if you’ve had a child that’s suffered a birth injury. We’ll work with you, answer any questions that you have, and we’ll help you to get answers. Our prerogative is you and your family receiving the help you deserve. Mr. Zaid has dedicated his life to helping clients who experience injuries to their person, and he’s very active in the legal community in Texas—from the Texas Trial Lawyers Association to the American Association for Justice.
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.
Additional Medical Expenses
Following a birth injury, your child may need to undergo additional medical treatments. The expenses from these treatments could be submitted as part of a birth injury lawsuit. If you believe that your child’s medical conditions are a result of a birth injury, you will want to contact a birth injury lawyer in Houston, TX. John K. Zaid & Associates will be able to review the additional medical expenses you have incurred and help you determine if these expenses could be part of your case.
When a child is sick or injured, parents will often be required to miss work in order to care for them. Birth injuries often result in parents missing extended periods of time from work. If you plan to pursue a birth injury lawsuit, you will want to keep careful records of missed work and how that missed work translated into lost income. A birth injury lawyer in Houston, TX will evaluate this information to see how it could be a viable part of your lawsuit.
Depending on the severity of the child’s birth injury, it may prove necessary for your baby to go home with additional medical supplies. The cost of these supplies can put a strain on finances and should be considered an expense incurred from the birth injury. You will want to talk to a lawyer about which expenses can be considered as part of your case.
Future Medical Expenses
If the child sustained injuries that will cause long-term or lifelong disability, you may be able to claim future medical expenses. You will want to discuss this with both your doctor as well as your lawyer in order to fairly establish what types of future medical expenses could be expected.
Pain and Suffering of Your Child
The pain and suffering of your child can also be considered as damage in this type of case. Your lawyer will help you better understand how this is determined.
Lost Earning Potential of the Child
If your child’s injuries will result in a life-long disability, you may be able to claim the lost earning potential of the child as well. This is an important aspect of your case considering that your settlement would go toward the care of the child for years to come.
If you believe your baby was a victim of a birth injury, you will need a birth injury lawyer in Houston, TX to navigate the legal aspects of this situation. John K. Zaid & Associates can help.
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.
John K. Zaid & Associates has experience in many fields of law, with a philosophy that keeps us working hard for our clients and being transparent and truthful. There’s no lying about fees or costs, and we’re upfront about our expectations and what you should expect too. Let us help you grieve this injury, and we’ll help you figure out what happened—to process it—and demand compensation and that the medical staff or hospital correct their errors.
But what is a birth injury? This is an injury that’s usually physical and occurs when the child is born. Not every single birth injury is avoidable, but many are. We’ll help you determine if you have a case, we’ll make sense of the medical phrasing that’ll be used in your child’s medical documents.
What does my lawyer have to prove a lawsuit for a birth injury case?
Your birth injury lawyer in Houston, Texas is going to have to prove that your healthcare team was medically negligent. By doing this they will prove that the medical team and their negligence was directly responsible for the child’s birth injury. To do as your lawyer is going to gather several forms of evidence to support this claim, as in an exact timeline of events as they followed during childbirth, medical records and documents that prove medical professionals committed medical and practice.
Who can be sued for a birth injury that’s caused by medical malpractice?
Generally more often than not the defendants in a birth injury law case are going to be the medical staff that help to deliver your baby. This medical staff could consist of your obstetrician, nurse or any other medical personnel who can be deemed negligent with the care of your child during their delivery. Sometimes you may actually sue the hospital where your child was delivered.
What is the statute of limitations for a birth injury case?
Every case has a statute of limitations. And in general you should file as soon as you realize there’s an issue and you have a case. With the birth injury lawsuit filing sooner rather than later is going to be best. The statute of limitation is going to limit how much time you had to file your lawsuit from when the child sustained the birth injury and if you wait too long to decide to file past that time limit you may not be able to sue. Statutes of limitations for birth injury lawsuits are going to vary by each state and you should talk to your birth injury lawyer in Houston, Texas about limitations.
What is the difference between a settlement and trial?
Most birth injury lawsuits are going to resolve out-of-court with assignment. Birth injury settlements are going to allow the case to come to a quicker conclusion and turn to your family receiving compensation faster than in court. The amount of compensation that you are awarded is going to be different for each case, each case is going to vary in severity and your child’s type of birth injury. The estimated amount of their lifetime costs and other factors are going to play into this. Some birth injury cases will go to trial and a judge and jury will hear arguments from both legal teams, and decide who wins. The trial process may add a lot of time to your lawsuit and if your side loses you may not receive any money at all.
Reach out to your birth injury lawyer in Houston, Texas for all of your other questions. Knowing about birth injuries is the first step to suing for your birth injury. Keeping your child safe and knowing why they are born a certain way when they were supposed to be born perfect is important, even if you can’t use the money you earn, settlement to change your child’s outcome. It can make you financially stable and more able to take care of your child and their special needs.
What Are Risk Factors?
Understanding the risk factors that can cause birth injuries can help you to better understand what may have gone wrong.
- If the baby is large, there may be issues with having a natural birth.
- The baby is feet-first in the birth canal.
- The baby is born too early or prematurely.
- The size of the mother’s pelvis and birth canal can make it difficult to have a natural birth.
- The labor is difficult or long.
- The mother is overweight.
- The mother opts for or requires a Cesarean delivery.
- Devices such as vacuums or forceps are used to deliver the baby.
But what are some of the most common types of birth injuries?
- Swelling of the head.
- Bruising of the head.
- Bleeding underneath a cranial bone.
- Breakage of blood vessels in the infant’s eyes.
- Facial nerve injuries caused by pressure to the child’s face.
- Injury to the child’s brachial plexus nerves.
- Fracture of the clavicle or collarbone.
What Will a Birth Injury Lawyer Do?
The birth injury lawyers in Texas from John K. Zaid & Associates are experienced in dealing with lawsuits involving injuries at birth. Whether you or your baby were injured, we want to help you get the compensation you deserve. This should be a happy time for you and your family, and you certainly should not be responsible for additional medical care due to the negligence of someone else. Your doctor, nurse, the hospital, the pharmacist, or all of the above should be held responsible for their actions. We will seek compensation not only for the medical bills you have been forced to pay, but also for additional future bills we suspect you will have, as well as potential pain and suffering compensation for all of the trouble you have been put through. If applicable, we may also seek damages for lost wages due to missed work from the injuries sustained. Finally, some birth injuries affect a child for the rest of their lives. If this is the case, you deserve to be fairly compensated for this devastating fact. Money can’t bring back health, but it can take care of the bills that are sure to come along in the future. It can also help make things easier on your family, so we will seek as much compensation for you that we think is necessary.
Since birth injuries are particularly devastating personal injury cases, you should be sure to file for extra damages for pain and suffering, loss of companionship, loss of enjoyment of life, and even costs associated with therapy for you and your child. You may also need extra care in your home to assist with a disabled child, which should also be covered in the damages. Since we are seasoned birth injury lawyers, we know what to ask for in a case, and will be happy to help guide you throughout the entire process to get the compensation you deserve.
How Do You Prove Negligence in a Birth Injury Case?
Proving negligence in a birth injury can sometimes be difficult. This is why it is important to have a birth injury lawyer in Texas who has a lot of experience in the field. We know what kind of expert witnesses will be necessary to have, how to research the specifics of your case, and how to read the medical records to spot important issues to note in court. We will also investigate further if anything seems suspicious about your records and hire outside help if necessary. Negligence in a birth injury can sometimes be hard to prove, but we have a great track record and will be happy to discuss this with you further at our consultation. During a consultation, we will figure out if you might have a case and if we would be a good fit to work with one another. This way we can move forward quickly and with confidence to ensure you get compensation for everything you have been through.
Should You File a Medical Malpractice Claim?
When you are still reeling from your traumatic child birthing experience and know that your precious baby suffered from birth injuries, you are likely wondering whether you can file a medical malpractice claim. Medical malpractice and childbirth injuries are difficult because these injuries that can leave your child permanently injured could have been prevented. That said, medical malpractice is not necessarily as simple as other types of personal injury cases and you will need to work with different medical experts to show that the injuries inflicted on your child could have been prevented if it was not for the medical professional’s negligence.
Does that mean any unintended outcome is malpractice?
Not necessarily. Like any other medical procedure, childbirth can result in an outcome you were not hoping for, whether it is an injury to the mother or the child. In some cases, an injury is the only likely scenario. However, if the medical professional who was giving you and your baby care during the birthing process acted negligently or below the medical standard of care, this is when medical malpractice comes into play. A birth injury could be:
- Uncontrolled bleeding
- Bruising or lacerations
- Brain damage
- Leaving a medical instrument inside the mother
- Birth defects
These are only a few possibilities, but birth injuries can affect the child and/or the mother.
When does a birth injury happen?
Birth injuries can occur when a doctor fails to diagnose a problem or potential problem while the mother is pregnant or it can happen as the mother is giving birth. So, while your pregnancy may have been very healthy, the doctor may make a mistake right before or during delivery. For example, a baby could be cut with a surgical instrument during a cesarean section or they could be injured by tools the doctor uses during vaginal birth.
Who is responsible for bringing this case forward?
Although the victim in a personal injury or medical malpractice case is usually responsible for bringing a case forward, when the victim is a minor, the parents can bring it to a lawyer and proceed with the case. If you believe your child’s injuries during birth or in the womb were preventable, it is important you seek legal help from a trusted birth injury lawyer. They can help you gather evidence from your experience and speak with medical experts who can testify regarding what a competent doctor would do.
- Nerve damage
- Fractures and broken bones
- Brain damage
- Erb’s Palsy
- Cerebral Palsy
- Fetal Lacerations
- Oxygen Deprivation
If you want to file a personal injury claim for a truck accident, but are not sure about the steps or the process involved, then contact a Big Rig crash lawyer in Houston, TX from John K. Zaid & Associates. There are at least eight steps to the process, three of which happen before even filing a lawsuit with the court.
First, it is always recommended that you speak with a Big Rigs accident lawyer in Houston, Texas regarding legal matters. Many personal injury attorneys provide one-time free consultations for prospective clients, including us! During this initial meet and greet, we will ask questions about your claim and discuss its merits.
- Investigation and Research
If the case is a good fit for a Texas Big Rigs accident lawyer at John K. Zaid & Associates, then we will offer to represent you. If you agree, then our law office will begin investigating the incident and researching legal precedent and strategy right away.
- Presentation of a Demand Letter
Once a Houston Big Rigs accident lawyer in TX has a good idea of your injury and the liability of the accused, we can help you craft a demand letter. This letter will express what you want from the at-fault party and why you believe you deserve it, based on the evidence. Once the letter is submitted, the defendant will have an opportunity to reply.
- Filing a Lawsuit
If the demand letter did not spark mediation and settlement, then you may have no choice but to go to court to seek restitution. If you decide you want to continue legal action, then a truck accident lawyer in Houston, TX will help you file your lawsuit.
- Distribution of Evidence
Once the suit is filed, both parties will gain access to the evidence and arguments of either side. This portion of the lawsuit is called discovery.
- Settlement Negotiations
After the discovery phase, most personal injury lawsuits will go to mediation, where both sides will attempt to negotiate a settlement. Many cases end during this phase of the suit. However, some claims continue on to trial. It is important that you have help from a Big Rigs accident lawyer in Houston during the negotiation, and that you speak with us before accepting any offer.
If the parties cannot come to an agreement, then they will need to appear before a judge for a trial. During the trial, a jury will hear the facts, determine fault and make a determination about damages and restitution.
- Possible Appeal
The end of a trial does not necessarily signal the end of the lawsuit. Either party is allowed to appeal the final verdict, but that process can be complicated.
If you are considering filing a personal injury lawsuit, then do yourself a favor and hire an experienced attorney from our law firm. While personal injury claims are civil matters, they still require significant legal expertise to argue. Contact a Houston, TX Big Rigs accident lawyer today from John K. Zaid & Associates for strategic support.
So you’ve been in a car accident, maybe you’re confused and have questions about what comes next, maybe you’re angry and upset and you know what comes next. No matter what way you feel after an accident, you should still reach out to an auto accident lawyer in Houston TX such as the ones available at John K. Zaid & Associates. They are going to be able to best direct you and ensure that no matter how you are feeling after a car accident, you are not feeling overwhelmed due to trying to handle your legal issues by yourself.
Your honor accident lawyer in Houston TX is going to be able to help you answer questions, they are going to be able to move forward with legal action against the person that caused you to have an accident.
Can I still seek damages if the car accident was partially my fault?
Yes, even if you are considered to be at fault in any way for the car accident, depending upon your states laws and regulations you should be able to still recover some compensation. You should never implicate yourself, or further incriminate yourself after an accident when you are speaking with the other people on the scene. Doing so can affect your ability to receive compensation, and affect how much compensation you might receive, and can even make it harder for you to file an insurance claim on this accident.
Even if you feel you did something wrong you are not going to be able to know all of the details, because every accident has more than one factor, driver error is just one thing. Other factors that could be involved in an accident are a vehicle defect, traffic signal malfunction, the other person could have been distracted or avoiding an accident, and much more. Until the accident has been fully investigated by the police and your auto accident lawyer in Houston TX, you should make no statements about who is at fault.
And again even if you are found to be partially at fault you should still be eligible to receive damages however the amount will be determined based on what percentage you are to blame for the accident. The exception… If you are found to be 51% or more at fault or the damages, you will not be able to recover any damages.
What happens if I’m hit by an uninsured driver?
If you are hit by an uninsured driver, you’re going to have to rely on your insurance coverage to help you repair your car. While Texas law requires that everyone has auto insurance, there are still many uninsured drivers in Texas, and of course people driving through Texas but are not residents of Texas. Insurance companies generally offer UIM or UIM coverage, and these coverages are going to provide coverage for a motorist whose insurance does not have the coverage to pay your damages or if a motorist is uninsured entirely when they hit you.
You can talk to your auto accident lawyer in Houston TX to see if you are eligible to file a lawsuit against the uninsured driver in the situation to recover any costs that your uninsured motorist or UIM coverage does not cover.
Reach out to your auto accident lawyer in Houston TX today.
As an auto accident lawyer in Houston, TX can explain to you, making even small mistakes can jeopardize the strength of your personal injury claim. After an accident, knowing what to do right away can help you begin building your claim. This can help avoid potential issues such as the insurance company not believing your statement. Basic steps that you should remember to do if you have been injured in a car accident include:
- Reporting the accident to local police
- Seeking medical treatment for your injuries
- Exchanging your contact and insurance information with the other driver
- Documenting evidence at the accident scene
- Talking to any witnesses who can provide details
- Obtaining the police report when it is available
- Notifying your insurance company
- Scheduling a consultation with a lawyer
Information to Give to a Lawyer
Dealing with an auto accident claim can be overwhelming. You may not know what to expect or what steps to take to get started. One of the things that you can begin thinking about in regards to your claim is the type of information you can present to a lawyer during your consultation. The more information that you can provide, the better. It will help a lawyer understand your case better if they have the basic facts of your case. Information that you should provide to a lawyer includes the following:
- Your account of the case
- The driver’s contact and insurance information
- Medical records and bills
- Bills for vehicle repairs and property damage
- Paystubs to calculate your missed wages
- List of witnesses
- Photos of the accident
Schedule a Consultation
Moving on after a serious auto accident can come with challenges, especially when you are still recovering from your physical and emotional trauma. However, if you have recently suffered an injury in an auto accident, you are encouraged to obtain legal services from a qualified lawyer like one from John K. Zaid & Associates. To learn more about how you can receive legal assistance, schedule a consultation now.
If you are in need of a skilled auto accident lawyer in Houston, TX that you can rely on, you should not wait to seek legal attention that you can trust. A qualified legal team like one from John K. Zaid & Associates understands what it takes to obtain the best possible legal results for clients who have been involved in serious auto accidents. With a lawyer’s help, you have a higher chance of obtaining the compensation that you may be entitled to.
Auto Accident Lawyer in Houston, TX
For years, the team at John K. Zaid & Associates have been assisting clients with their unique personal injury cases, conducting careful case assessments to achieve the most suitable outcomes. They know what strategies would be most effective in recovering the maximum compensation amount for clients.
Causes of Auto Accidents
An auto accident can have many causes. Unfortunately, many auto accidents happen because of negligence. Sometimes drivers do not have their full attention on the road or fail to observe the traffic laws where they are driving. Other reasons that accidents happen is because drivers are reckless on the road, such as drunk drivers and street racers. Some frequent types of auto accident causes that many lawyers often see include:
- Distracted driving
- Driving under the influence
- Negligent driving
- Hit and run accidents
- Poor weather conditions
An animal bite lawyer in Houston, TX will tell you animal bite attacks can be emotionally and physically traumatizing. They can also be deadly. In 2018 alone, 36 people in the U.S. lost their lives after a dog attacked them. Every day, around 1,000 people across the country must undergo emergency medical treatment as a result of animal bites. Every year, around 14,025 people must be hospitalized because of their dog bite attack injuries. The medical treatment required for animal bite injuries can be painful in and of itself, and the treatment is not cheap. Thankfully, when an animal bite occurs as a result of someone else’s negligence, recklessness, and or intentional behavior, they can be held legally responsible for their harmful conduct. The firm of John K. Zaid & Associates represents victims of serious animal bite attacks and helps them to obtain the settlement they deserve. If you live in Texas and have suffered harm as a result of an animal bite, contact a dog bite lawyer Houston, TX residents trust to learn how we might be able to assist you in filing an injury claim against the negligent owner and/or other responsible parties.
The Seriousness of a Dog Bite Injury
Despite the domestication of the species, a dog’s teeth are still capable of tearing into the flesh and bone of other animals, including humans. This is true whether the dog is a Pekingese or a pit bull. A dog’s jaws have a bite force of up to 4,610.75 PSI which may result in tremendous damage to a bite victim.
Most dog bite victims are children. The theory is that children can seem unpredictable and have a high degree of explosive energy, two things which can scare a dog and cause it to act more aggressively than with adults. Another fact is that most dog bite injuries result in injuries to the face and head. Because most victims are children, their heads are at approximately the same height as the average dog’s jaws. Among other injuries that the child (or adult) might sustain in the attack, damage to the jaw, teeth, or gums has a high probability. The good news is that children may suffer less long-term physical damage to their mouth and teeth as compared to adults because their skin is more pliable and tooth injuries may be limited to baby teeth.
However, it should be mentioned that the emotional injuries to the child could very well last their entire lifetime and cause a lifelong fear of dogs. This type of damage can also be recovered by an injury claim and can be explained in more detail by an experienced animal bite lawyer in Houston, TX.
In addition to the initial injury to the mouth area, the victim may develop a serious or life-threatening infection of the mouth, teeth, or gums due to the high percentage of bacteria contained in a dog’s mouth. As a result, the total cost for medical treatment may be far higher than originally thought at the time of the dog bite attack. This is why it is so important to connect with an experienced animal bite lawyer in Houston, TX as soon as possible following an attack. If the insurance provider for the responsible party reaches out with a settlement offer and you accept it before understanding the full extent of the injuries caused by a dog or other animal attack, you risk receiving far less compensation than you deserve. Please, don’t wait. Connect with an animal bite lawyer Houston, TX residents recommend from our firm today to learn more about your rights and options in the wake of an attack.
If someone’s dog bit you and caused a serious injury, you have the legal right to hire a Houston, TX animal bite lawyer to hold the owner responsible for your medical bills and other damages. John K. Zaid & Associates is a law firm that focuses on personal injury cases. Our animal bite lawyer represents clients in the Houston, TX area who were severely injured by someone else’s dog. We also represent parents of children who were injured in this way. Dog bites are often serious, sometimes fatal, and always require some degree of medical attention. When our dog bite lawyer in Houston, TX takes on a new client, one of the first concerns is making sure that all of their injury related damages are considered for compensation. This usually includes all related medical bills and possibly cosmetic surgery as well. It may even include counseling. Every case is different so a careful review is in order. You can begin this process by calling our Houston, TX office to schedule a free consultation with our animal bite lawyer.
Examples of Compensable Dog Bite Damages
Children compromise the largest number of dog attack victims. The resulting damage is typically catastrophic. If the attack is not fatal, the child may be subject to such severe injuries that they may never fully recover. Dog attacks on adults can be just as severe. Our dog bite lawyer is familiar with all manner of attacks throughout the Houston, TX area. The resulting damages can be so significant that without legal representation, victims and their families may not recover the full portion of their losses. Some of the many types of damages that the victim may suffer include the following:
- Deep cuts to the face, neck, and chest.
- Puncture wounds where the dog made contact with the victim.
- Life-threatening infection from the dog bite wounds.
- Broken hip or other bones resulting from the victim being abruptly forced to the ground by the dog.
- One or more cosmetic surgeries.
- Pain and suffering.
- Post-traumatic stress disorder and the need for counseling to treat it.
- Loss of income while recovering from the injuries.
- Artificial limb in cases where the dog attack severed a limb or the damage was so significant that it had to be surgically removed.
- One or more surgical procedures.
- Medical equipment such as a wheelchair, shower bench, addition of a wheelchair ramp to the family home, modifications to the victim’s vehicle to enable them to operate it.
The One Bite Rule in Texas
Your animal bite lawyer in Houston, TX can provide you with more specifics as they apply in your particular case, but Texas law follows what is known as the “one bite rule.” This has to do with what is referred to as strict liability in legal terms. What it means is that if a dog has already bit someone, or attempted to bite someone, and the owner is aware of this, then they can be held strictly liable for all of the current dog bite victim’s damages.
Learn how our animal bite lawyer in Houston, TX can help you recover from horrible tragedy by calling us today.
At a trial in a civil case, one common question jurors have is, “what kind of record does the defendant have in dealing with the problem at issue in this case?”
The question of whether the parties will be able to discuss the prior history of the defendant can be complicated, and to a large degree, it will depend heavily on the trial judge’s discretion in determining if other similar incidents (OSIs) will be admissible at trial. Our friends from The Babcock Law Firm, P.C. has provided some insight on OSI evidence in your case.
First of all, a plaintiff has to gather such evidence in the discovery process. One method may be through informal discovery and open records requests or Freedom of Information Requests to government agencies. Using the formal discovery process in litigation, a plaintiff can expect the defense may stonewall them and resist turning over such evidence willingly. That is because it can be very damaging evidence, at worst showing a pattern of ignoring a problem where people are getting hurt or killed, with the company doing little or nothing to correct the problem. If the defense won’t produce this evidence willingly, the plaintiff will have to ask the court to order the production of such evidence with a motion to compel. The court should order the production of such evidence, as discoverability and admissibility are separate concepts and should not be conflated (as the defense may try to do).
Once you get the evidence, what do you do with it? It depends on the case, but consider interviewing and deposing law enforcement about the OSIs, deposing corporate representatives about them, and think about whether the evidence may affect the opinions of the experts in your case.
When can such evidence actually be considered by the jury at trial? It can be admitted when it goes to issues of notice, foreseeability, a duty to fix or otherwise address the problems at issue, or warn of the danger.
What if the similar incidents post-date the injury at issue in your trial? The issue can be more fraught. In some cases, that evidence can come in to show feasibility of a repair, causation, control or ownership, or for impeachment purposes.
In seeking the admissibility of OSI evidence, expect a hard fight and a skeptical judge. A trial lawyer should be prepared to show the court substantial similarity between your case and the OSIs, and be prepared to go on the offensive to get the Court to consider the issue well in advance of trial. This is not an issue that you are going to want to raise in the middle of trial, or expect to do so effectively in most cases. Instead, well before the trial date, ask for an evidentiary hearing on the admissibility of OSI evidence. Keep in mind that the evidence does not have to be identical, but it is going to need to be “substantially similar.” And it will be up to the trial court to determine what comes into trial and what will not, and just how similar the evidence will need to be.
Personal Injury Lawyer
Personal injury cases are frequent occurrences in the United States. Typically, these cases involve civil wrongs or damages caused by another person or organization’s negligence. Some examples of a personal injury case include slip and falls, animal attacks, car accidents, motorcycle accidents, wrongful death, and medical malpractice.
You may have several questions regarding what steps to take after following your accident, which can include how to find the right personal injury lawyer for you. If you aren’t sure how to find the right lawyer for you, then read on and see our helpful lists of tips.
3 Things to Look for When Hiring a Personal Injury Lawyer
Even though each personal injury case is unique, there are qualities that each personal injury lawyer should have to help you through your case. Here are the top traits that every personal injury lawyer should have:
Knowledge of The Law
Personal injury lawyers have to be highly knowledgeable about tort law and typically specialize in the specific type of accident injury. This means that you have to find a personal injury lawyer who understands your specific needs for your case. For instance, a lawyer who handles medical malpractice cases probably wouldn’t be the best to hire if you’re going through a car accident case.
They should also be up-to-date on all legal changes when it comes to their specialty. Focused practices are a good sign that your lawyer will be able to fully concentrate on your case and give you the most favorable outcome possible.
Understanding of Medical Concepts
Not all personal injury lawyers specialize in medically related cases, but they should have at least some basic familiarity with the jargon that comes along with different types of injuries. While they may not be qualified to give you proper medical advice, they can inform me about things like injuries prognosis, diagnostic criteria, and estimated cost. Some lawyers can refer you to healthcare providers if you don’t have one.
When you hire a personal injury lawyer, you need to know that they have experience. You also need somebody that has experience taking cases to trial. Many lawyers who do not have experience taking a case to trial will instinctively try to reach a quick settlement and don’t consider other options. Typically, insurance companies can often distinguish between a lawyer that is comfortable in a trial setting and one who isn’t. This means you need to choose your representation carefully and make sure the lawyer you choose is not only comfortable in a court setting has a good track record when it comes to it.
If you or a loved one have been involved in a personal injury accident reaching out to a personal injury lawyer like our friends at Saavedra Law Firm, PLC, then reaching out is often a great first step to seeing how you can get the compensation you deserve.
The severity of a car accident varies depending on many factors. The angle of impact, the size of the vehicles involved, the speeds the vehicles were traveling, weather conditions, and road maintenance are just a few. Some crashes might total the car but leave the driver without a scratch. Other accidents can lead to only minor auto body damage but cause serious harm to the passengers.
When you are involved in a collision, it’s helpful to know what kind of representation you might need. Should you hire a personal injury attorney for a fender bender? If you’re not hurt in an accident, do you still need a lawyer?
Many people assume personal injury cases are the default for any car accident. In truth, though, accidents where the damage is strictly limited to property don’t necessarily fall under a personal injury claim. Instead, you would need to make a property damage claim against the insurer, negotiating for a payout that covers auto repairs, towing fees, rental car expenses, any valuables that were damaged in the vehicle, etc. Because such settlements are low compared to medical-related settlements, insurance companies are usually inclined to move quickly and process claims, allowing for timely car repairs.
Personal injury claims are much more complicated, and, because the stakes are higher for everyone, they require professional representation. Personal injury lawyers work to help crash victims obtain compensation for medical expenses, lost wages, pain and suffering, or disfigurement. Catastrophic injuries can sometimes lead to large settlements. But even common injuries from low-speed crashes may result in medical bills high enough to warrant hiring an attorney.
If you’ve been injured in a car crash, the most important thing to do is see a doctor as soon as possible. Drivers often assume that if an accident barely damaged their vehicle, their injuries must not be very serious. Sometimes, they attempt to ignore their aches and pains assuming that they will feel better in a few days. Unfortunately, insurance companies look for treatment delays. If a driver ignores a soft tissue injury after a crash, but later receives a diagnosis requiring weeks of physical therapy, the insurance company may try to deny coverage. To increase your chances for a fair settlement:
- Always seek timely medical attention after a crash if you’re hurt.
- Keep track of your appointments and follow through with any specialist referrals.
- Document your medical diagnosis and treatments.
Because insurance companies will sometimes try to offer unfairly low settlements, be cautious in your interactions. Before you accept a settlement, it’s important to understand the full medical picture of your injury and what your future expenses are likely to be. Experienced personal injury attorneys have a strong sense of what common injuries cost to treat. Your attorney will handle conversations with the insurance company for you, working to get you the compensation you deserve.
If you’ve been hurt in a crash, you need an attorney who knows how to negotiate with the insurance companies. A team of personal injury lawyers, has the experience and knowledge to get you the compensation you deserve.
The legal team at John K. Zaid & Associates believes that pedestrians deserve to feel safe from harm as they go about their travels. Unfortunately, all too often careless drivers cause pedestrian accidents as a result of their negligent behavior. If you’ve been injured in a pedestrian accident, our Houston, Texas car accident lawyer team will fight relentlessly to get you the compensation you deserve from insurance companies and those responsible for the harm you have suffered. We understand that during this time you may be in severe physical pain, as well as mental anguish and financial hardship. We will do what is within our power to protect you from further loss, and see to it that justice is served.
Evidence After the Accident
If you were recently struck by a vehicle, chances are you were immediately in a profound amount of pain in the moments after your collision. Depending on the extent of your injuries, you may or may not have been able to get up and gather evidence at the scene before being shuttled away in an ambulance. If you didn’t have the opportunity to gather proof at the scene, here are some things you can do to preserve your legal options as soon as possible:
- Photograph your physical injuries, with a ruler to show the dimensions and from the direction of impact.
- Put away your shoes that you wore during the accident, as these may be used later as evidence. Gravel, oil, blood, or other debri may be analyzed during your case by an expert.
- Write down how the accident happened in your mind, through your perspective. Include any details regardless of how relevant you think they are now. There may have been other factors that contributed to the accident which you are not aware of yet.
- Get in touch with witnesses, either bystanders or the people who were with you at the time of the incident. Your Houston, TX car accident lawyer can interview them for an official statement.
Causes of Pedestrian Accidents
Rarely does a person walking on two feet actually cause a pedestrian accident. In today’s world, car drivers are often rushing to and from where they need to be, with little concern for others. If you’ve been struck by a negligent driver, you’re not alone. Examples of accident victims our Houston, TX car accident lawyer team is equipped to represent include (but are not limited to):
- Pedestrian victims of hit and run accidents
- Pedestrian victims of being hit by a bus, truck, or other vehicle
- Pedestrian victims of drivers having lost control and mounted the sidewalk
- Pedestrian victims who were struck because the car driver violated the rules of the road (such as running a red light, failing to stop at crossings, speeding, not looking for pedestrians before yielding, etc.)
As the victim of a pedestrian accident, please know that you are not alone in this. Let us help you by calling today to speak directly with a Houston, TX car accident lawyer about how we can be of assistance during this time. Call John K. Zaid & Associates today.
At John K. Zaid & Associates, we understand that being involved in any kind of car accident can be traumatic and life-changing. A number of injuries could arise including those that are mild to moderate, severe, life-threatening, or fatal. Mounting medical bills might provoke enormous amounts of stress which eventually slow down your recovery. Being told you are unable to work, while at the same time, losing out on precious time with your family because of chronic pain can add to an already difficult situation. Couple in the fact that your accident may not have been your fault, and you might feel angry and confused. Reducing Injuries in Car Accidents
Would it comfort you in knowing that when negligence is a factor in car accidents, you may be able to recover monetary compensation for all of these losses (and more)? If you have suffered harm from an auto collision, and believe negligence was the cause, you should consult a Houston, TX car accident lawyer to learn about your legal rights and options.
Steps You Should Take After a Car Accident
Following a Houston, TX car accident, seeking the expertise of a car accident lawyer should be one of the first steps you choose to take. As you prepare for a free and confidential consultation with John K. Zaid & Associates, you might also want to consider the following steps:
1. Get Medical Attention: Regardless of how mild the pain might be, or even when you feel no pain, medical treatment should be sought. How a doctor diagnosis’s you will have a critical role in the outcome of your claim.
2. Tell Your Insurance Company: Most likely under the policy agreement you signed, you will need to let your insurance company know about the accident. Only basic facts should be given, and you should avoid claiming any portion of fault. If a settlement is offered immediately, it may be in your best interest to politely decline.
3. Get a Copy of the Police Report: A police report is a valuable piece of evidence and provides details about the incident which can help your car accident lawyer to build a case. You can visit the police station for a copy or may be able to order one online.
4. Keep Your Bills, Records, and Evidence: It is essential that you keep any bills, invoices, receipts, and any other expenses related to your accident. Photos, video imagery, witness contact information, or other potential pieces of evidence should be gathered and handed over to a lawyer.
5. Write Down What Happened: As soon as possible, take some time to write down everything you can recall.
6. Avoid Posting Details on Social Media: A car accident lawyer would recommend you to avoid making any posts on social media about the accident. Anything you say could be used by the insurance company or the defense.
Get Legal Assistance from John K. Zaid & Associates
As soon as you are ready and able to, you should consult a car accident lawyer. Generally speaking, there are strict statute of limitations for filing a personal injury claim. If the accident happened on the job, filing for workers compensation will also require you to meet specific deadlines. Insurance companies will begin their investigation within two to three days of the accident. Letting them get too far ahead is not advisable.
A reputable car accident lawyer who serves the Houston, Texas community knows that victims who go through car accidents have a difficult road that lies ahead of them. The recovery period can be grueling and emotionally taxing. Along with physical injuries to heal from, they also have to deal with the mental toll that a car accident can cause. For victims who have been hurt because of the negligent actions of another person, scheduling a consultation with an experienced car accident lawyer like one from John K. Zaid & Associates is a recommended action to begin with.
Car Accident Lawyer in Houston, TX
A car accident can happen any time when you least expect it. When you need urgent legal help, it is urgent that you find a lawyer that you can depend on. The team at John K. Zaid & Associates understand what it takes to get winning results. They will aggressively go after the person responsible for causing the accident that resulted in your injuries. You and your loved ones do not deserve to go through additional turmoil after an accident.
Don’t wait to find out how you can get the legal help you can trust. The search for a reliable and skilled legal team can be tough, but you can count on us to get you through your case no matter how difficult or complex it may be. Call a top car accident lawyer now and discuss your case with us today.
How Car Accidents Happen
Some of the most common causes of car accidents are due to distracted driving and reckless driving. No matter how careful or cautious a driver may be on the road, if they cross paths with a negligent driver, avoiding an accident can be extremely difficult.
Types of accidents that a lawyer sees the most include T-bone collisions, front end collisions, rear-end collisions, wrong way driving, and drunk driving accidents. All of these can cause serious or even irreparable bodily harm to victims. If you have been a victim in a car accident, talk to a skilled car accident lawyer that the Houston, TX community looks to for timely assistance.
Do’s and Don’ts After a Car Accident
It is crucial that you are aware of the do’s and don’ts if you are ever involved in a serious car accident, whether it is minor or life-threatening. Always make sure to report the accident right away and request medical attention so that you and others on the scene can be treated immediately. Gather evidence, speak to witnesses and exchange information with the driver. Remember to avoid mistakes like admitting fault, accepting blame, or fleeing the accident scene. All of these actions can jeopardize the strength of your case.
Speak to a Top Lawyer For Legal Help
Taking the right actions after a car accident can help you recover compensation and hold the fault party responsible under the law. For more information, talk to a reliable car accident lawyer from John K. Zaid & Associates based in the Houston, TX area now for immediate assistance.
When a victim is injured in an accident caused by another party’s negligence, Texas law allows that victim to pursue damages against that negligence party. According to the law, negligence is defined as “the failure to behave with the level of care someone of ordinary prudence would have exercised under the same circumstances” In order to be successful in their lawsuit, the victim needs to prove that there was indeed negligence and that negligence resulted in the accident that caused their injuries. A car accident lawyer in Houston, TX can help you prove that negligence and get you the financial compensation you deserve.
What are the elements of proof my attorney must show?
In order to prove your case, there are certain elements that must exist that prove the other party’s negligence. These elements are:
- The other party owed you a duty of care
- The other party breached that duty of care
- You sustained an injury as a result of that breach
- That breach was the proximate cause (main cause) of your injury
- Your injury has resulted in economic and non-economic losses for you
Keep in mind that even if the other driver was negligent and caused the crash, if you have not sustained any losses as a result, you have no damages and so there is no legal reason to pursue a car accident claim or lawsuit.
What is duty of care?
The precise duty of care the other party owed you will depend on the type of injury you sustained and the person or entity who owed it to you. A Houston, TX car accident lawyer knows that every driver has a duty of care when they get behind the wheel of their vehicle to every other driver, pedestrian, and any other type of commuter with who they will be sharing the road.
This means that drivers should be committed to obey all traffic laws, not engage in distracted driving behaviors, make sure their vehicle is properly maintained, and not drive if they are under the influence of alcohol or drugs.
How can expert witnesses help?
One of the main reasons why you need an experienced car accident lawyer to represent you is that they will know how and when to obtain the services of expert witnesses to testify on your behalf. An expert witness is someone recognized as an authority in his or her field. For example, if the other driver’s insurance company is trying to blame the car accident on you, your lawyer can hire an accident reconstruction expert to do just that – reconstruct the accident to show just which driver was the one who was negligent.
Contact Our Personal Injury Law Firm
If you have been in a car accident caused by a negligent driver, call John K. Zaid & Associates to schedule a free consultation with a seasoned Houston, TX car accident lawyer and find out how we can help.
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:
- 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.