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. 

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.

Distracted Driving

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.

Speeding

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.

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. 

1. 1. 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. 

Finding the right lawyer is hard. You can trust that qualified personal injury lawyers like our friends at John K. Zaid & Associates have your best interests in mind.

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. 

We know that car accidents are a terrifying experience. That is why we suggest finding a qualified auto accident lawyer like our friends at John K. Zaid & Associates to help you with your claim. 

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. 

Bruising 

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. 

Whiplash 

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. 

Post-Traumatic Stress 

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. 

• Speeding

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: 

• Confusion
• Cognitive difficulties 
• Eye impairments
• Headaches
• Nausea
• 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. 

Whiplash 

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 

Burns 

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. 

• Experience 

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. 

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.

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. 

Nonexempt Employees 

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: 

• Carpenters
• Craftsmen
• Construction Workers
• Electricians
• Ironworkers
• Longshoremen
• Mechanics
• Plumbers
• 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 

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. 

Independent Contractors 

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. 

Wrongful Death Attorney Houston, TX

When a loved one dies as a result of an injury, the spouse and/or the children may decide, because of the circumstances, to file a wrongful death lawsuit with a wrongful death attorney Houston, TX trusts at John K. Zaid & Associates. There is another legal case called survival action. Are you aware of the difference between the two lawsuits?

Both survival actions and wrongful death suits are strictly controlled by state laws. The particular state has passed laws allowing these types of suits to be brought to court. Prior to the state’s laws for wrongful death and survival action suits, when the deceased passed, the loved ones or estate could not file a personal injury claim.

The two biggest differences between and survival laws and the wrongful death laws are as follows:

• In a wrongful death lawsuit, the law entitles the loved ones or estate to even bring a wrongful death lawsuit and begin the legal process for processing a wrongful death lawsuit. Without the wrongful death laws in place, no one could even file a lawsuit for wrongful death.
• There are different type of damages awarded based on survival laws and wrongful death laws.

Wrongful death law allows the loved ones to give the beneficiaries of the deceased, those suffering financially because of the death of their loved one, damages or compensation.

Survival Laws let the estate recover damages that the deceased would have compensated for had they lived. These include pain and suffering, lost earnings, etc.

Although wrongful death claims are controlled by the laws and procedures of each state, there are some statements in common to all wrongful death laws. These include:

• The types of damages or compensation permitted in a wrongful death suit
• How an individual is selected to act as an agent for the estate
• Who is eligible to file a wrongful death claim as a representative of the estate of the deceased

Types of Damages Awarded

• The primary type of damage is compensation for financial support provided by the deceased for his or her immediate family for a specific period of time. Proof must be given by the family member that the deceased supported them financially an or what amount of money. If there are minor children, loss of support can be extended through college if it can be proven that the deceased would have helped financially support their college needs. A widow or widower may receive loss of support if they can prove that the other spouse provided for them. This support can continue until the presumed retirement age of the deceased, typically 65 years old. If other family members can prove the deceased supported them as well, they may also be eligible to receive damages.
• Other damages may include reimbursement for funeral expenses. The children of the deceased may also be awarded compensation for ‘loss of nurture and guidance’. Seek the guidance from an attorney for the limitations of damages in your state.

Survival Law Damages

• Survival laws permit the estate to be awarded compensation only from the moment that the deceased received the injury until the time of death. Therefore, survival damages can include limited lost earnings and pain and suffering until she/he died.  
• If the accident kills the deceased instantly, the estate can only recover pain and suffering damages.

Construction Accident Lawyer Houston, TX

The construction industry is one of the most dangerous industries for American workers. A staggering number of individuals are harmed every year on construction sites. Sometimes, site managers fail to respect safety regulations and unnecessarily place workers at risk. Sometimes, weather conditions and other outside forces contribute to accidents. And too often, workers are injured when construction equipment, designed to make their efforts easier, safer and/or more effective, fails in some measurable way.

If you have suffered harm on a construction site and any issue with your equipment may have been a factor in your accident, it is important that you speak with an attorney about any legal options that may be available to you. You may ultimately not decide to file a workers’ compensation claim or a personal injury suit. But speaking with an attorney will help to ensure that whatever decision you ultimately make about your legal situation is informed.

Please consider reaching out to our firm in particular. We have extensive experience as strong advocates for those who have been injured and would be more than happy to advise you in regards to your situation. When preparing for a consultation, please keep the following possible legal avenues in mind. Once you consider each possibility as it applies to your situation, we can discuss whether it may be a viable option for your circumstances specifically.

Workers’ Compensation Benefits

In general, when a full-time or part-time non-contractor is injured on the job, he or she qualifies for workers’ compensation benefits. These benefits are usually available regardless of who or what caused the accident and regardless of fault. Especially when injuries are relatively minor, accepting workers’ compensation benefit payments may be a good option for some workers. But sometimes workers do not qualify for these benefits or another compelling reason may inspire a worker to sue his or her employer in connection with an accident. This option must be discussed with an attorney because workers’ compensation laws tend to limit the circumstances under which employers may be sued for workplace accidents.

Personal Injury and Product Liability Claims

In some instances, it is possible for a worker to sue his or her employer in response to a construction site accident. At other times, it may make sense for a worker to accept workers’ compensation benefits and sue the manufacturer of the faulty equipment that contributed to the accident. This kind of claim is commonly referred to as a product liability claim. It may be an option whenever equipment malfunction or other challenges not addressed by the manufacturer have led to injury.

Legal Options Are Available

If you have been injured in a construction accident and faulty equipment may have contributed to your harm, please contact a construction accident lawyer Houston, TX trusts at John K. Zaid & Associates so that they may speak to you about your legal options. No two accidents are exactly alike, so it is helpful to speak with an attorney about the specific details of your situation before committing to a legal strategy.

Auto Accident Lawyer Houston, TX

Getting into any type of automobile accident can be terrifying. You might have passengers, pets, or loved ones in your car to be concerned about. Even being alone during an auto accident is scary, especially if you feel like you have to cope with it on your own. Unfortunately, when the weather is bad and the roads are wet, it can be all to easy to hydroplane in poor conditions and hit another car. A dedicated auto accident lawyer Houston, TX relies on will be sympathetic when their clients get into an accident due to poor weather, and you can be assured that they will be there to help you.

What is hydroplaning?

When hydroplaning occurs, the car tires are moving over a wet surface but are unable to gain traction with the road. This causes your car to travel over the wet surface and skid on the water. It is important to know road safety, and that driving during the beginning of a rain shower or within 30 minutes of one starting is usually one of the most dangerous times to be on the road.

What to do if you begin hydroplaning

If your car begins to hydroplane, this can be an incredibly difficult situation as your nerves take over. However, by remembering a few important steps, you can keep yourself and others safe on the road.

• Try to stay calm and control your vehicle
• Do not start jerking or wiggling your steering wheel in either direction or slamming on the breaks
• Slowly ease your foot off of the gas pedal and attempt to steer your car in a safe direction that is away from pedestrians and other motorists on the road
• Once your car begins to slow, gently apply pressure to your breaks if necessary

Who is at fault?

If you hydroplaned into another car and caused an accident, sometimes fault is not always so easy. Typically, though, you are responsible for maintenance on your car. If you have not kept up your tires (a common reason for hydroplaning), you could be held responsible because it is the driver who should maintain their tires.

On the other hand, if your car’s tires passed inspection when they shouldn’t have, it is possible they could be held responsible for an accident like this. Additionally, if the road was poorly maintained or designed (like poor gutter maintenance that allows excess water to flood the roads), then it is also possible the city could be held responsible.

What’s next?

Remember, if you were involved in a hydroplaning accident, an attorney at John K. Zaid & Associates can walk you through the next steps. Accidents of any kind can be scary, and with a lawyer, you can rest assured they will work on your case to look over every detail.

Motorcycle Accident Lawyer

As most motorcyclists understand, they are often at a safety disadvantage compared to car drivers. The gear a rider chooses to wear is the only thing that offers a level of protection in the event of a crash. A vehicle driver has the luxury of the exterior car body to help deflect the blow from an accident, while motorcyclists do not. Depending on the circumstances, an attorney may recommend obtaining legal representation if you or a loved one was the victim of a motorcycle accident. Car drivers may be distracted, sleepy behind the wheel or otherwise not being aware of motorcyclists when making maneuvers on the road. A driver that fails to check their blind spot or look over their shoulder before changing lanes, may plow into a motorcycle rider that had gone unnoticed.

Here in the article below, we have talked further about how to help protect yourself from being involved in a motorcycle crash. While we may not be able to eliminate the chances completely of a terrible accident happening, we can take precautions to help lessen our chances. If you or someone you love is a motorcycle rider, please read on!

Appropriate Gear

The perfect gear for riding can offer high levels of protection, yet are still flexible when riding. Gear made from material that is too stiff, may actually become a hindrance to the rider. Some riders may be tempted to buy a used helmet as a way to save money. However, it may be almost impossible to know what kind of wear and tear that helmet went through with the previous owner. It may be best to invest in a brand new helmet, than risk the grave consequences of a used helmet that ends up offering very limited protection.

Defensive Strategies

An attorney is likely to suggest using defensive tactics when riding on your motorcycle, to help avoid being part of a tragic wreck. When a car driver zooms around recklessly, a motorcyclist may only have a second or two to swerve out of the way safely. A motorcyclist may want to avoid riding when irritable, sleep-deprived or sick. Examples of defensive strategies for motorcyclists to consider include:

• Keeping up on motorcycle maintenance
• Wearing quality, protective gear
• Riding with confidence, but not aggressiveness
• Making eye contact with drivers before proceeding through an intersection
• If a car driver is tailgating, allow them to pass you

Finding the Right Attorney

Those who have been involved in a motorcycle accident due to a careless driver, may be able to receive financial compensation for any losses and damages. The right Canoga Park motorcycle accident lawyer should be empathetic, strategic and knowledgeable about motorcycle-related accidents. After making an appointment, your attorney may recommend bringing along as much information as you can about the motorcycle accident, including medical bills, motorcycle repair costs, loss of wage from missing work and anything else related to what happened.

Thank you to our friends and contributors at Barry P. Goldberg for their insight into motorcycle and auto accident claims.

Medical Malpractice Lawyer

For immediate legal help after suffering from a medical malpractice anesthesia error, call a qualified attorney as soon as possible.

When you undergo surgery, you will be given a general or local anesthetic to numb out the entire body or a certain area. In spite of great advances in anesthesiology, mistakes during the administration can still occur. When this happens, it may be considered medical malpractice in which case you will likely have the opportunity to recover monetary compensation.

If you or a family member have been harmed after an anesthesia error, you should take time to understand your legal rights and options. Call a medical malpractice lawyer now to learn how you can recover compensation for pain, suffering, emotional anguish, lost wages, funeral costs, and more.

The Anesthesia Process

Anesthesia is a medically induced state that allows patients to be numb from feelings of physical pain. It is administered before surgery and certain medical procedures. Our medical malpractice lawyers have handled claims that involve various types of anesthesia including:

General anesthesia: Used when a patient is unconscious

Local anesthesia: Used to numb a certain area of the body.

Regional anesthesia: Used to numb a body part (i.e. entire leg)

Spinal or epidural anesthesia: A very intricate type of anesthesia that is injected closely to the spinal cord.

Common Anesthesia Errors

Anesthesia must be carefully given to a patient. Any error, even the smallest mistake, can be serious, if not fatal. These errors can result from a defective medical product, but usually they happen because of incompetence or negligence on the part of a medical professional.

When a patient is harmed because of an anesthesia error, you will likely be able to file a claim with a medical malpractice lawyer. Examples of errors include:

•   Administering too much or too little of anesthesia
•   Failing to notice an error before a health problem arises
•   Delaying anesthesia for too long, causing the patient unnecessary pain
•   Using the wrong anesthetic
•   Failing to use the right drug according to the patient’s medical history
•   Giving a patient an anesthetic he or she is allergic to
•   Failing to monitor and treat a patient in the proper manner
•   Diverting medication, also known as stealing

Consequences of an Anesthesia Error

Sometimes an anesthesia error causes discomfort, nausea, and dizziness. However, serious consequences are more common and may include:

•   Nerve damage
•   Vision loss
•   Heart problems
•   Birth defects
•   Cardiovascular problems
•   Paralysis
•   Seizures
•   Coma
•   Ischemic brain damage
•   Hypoxic brain damage
•   Vegetative state
•   Death

Unfortunately, the harm from an anesthesia error is often permanent, or takes a very long time to recover from. This means the victim will almost certainly require extensive in and out patient medical care. Rest assured, our lawyers know this and will work as hard as possible to recover maximum compensation.

Have you or a loved one experienced an anesthesia error? Call a Medical Malpractice Lawyer NOW.

Regardless of who made the error, if you or a family member has suffered harm because of an anesthesia error, you may be entitled to monetary compensation. These cases are generally complex and require ample financial resources as well as in– depth knowledge. For this reason, you should retain a skilled and experienced medical malpractice lawyer. Call now for a free case review.

Thank to our friends and contributors from Greenberg Law Offices of their insight into medical malpractice.

Those who ride a bicycle as means of transportation, sport or leisure, should always be alert and wary of cars around them. At any time, a car driver may become distracted while behind the wheel and not notice you trying to make a turn or slow down to a halt. In the article here, we have answered common questions people may have about bicyclist injuries, seeking medical attention and pursuing legal action against the driver. If you ever find yourself in such a situation, always call 9-1-1 and request a medical evaluation. Injuries can be serious and may need immediate care.

What are common injuries a bicyclist may suffer from?

If a bicyclist was to get struck by a vehicle, a variety of very painful injuries may ensue. The faster the car was going, the more likely the rider may be to suffer life-threatening injuries. If you compare the hard outer shell of a vehicle versus the more fragile exterior of the human body, you can imagine just how critical the injuries can become. Some of the more serious and common cyclist injuries can include:

• Concussion
• Fractured skull
• Brain swelling and/or bleeding
• Broken ankles, wrists, elbow, hands
• Shattered knee cap
• Road rash
• Impalement from bicycle part
• Facial wounds
• Deep cuts & bruising
• Emotional trauma
• Neck & back injuries
• Dislocated shoulder
• Fractured pelvis

When should a bicyclist seek medical attention?

If a rider is ever hit by a car, he or she should always call for medical attention while at the scene. Even if you believe you feel fine enough at the time of the impact, hours later you could realize something more serious has occurred. It is important to exchange information with the driver just as you would if two vehicles got into a car accident. Never permit the driver to leave the scene without first getting their personal details, and a police officer has dealt with the situation accordingly.

Do drivers ever try to get away from the scene?

Sadly, some drivers may attempt to flee the scene of an accident if they were to hit a bicyclist. Their motivations behind wanting to get away are to escape the potentially expensive and long-term consequences of striking a bicyclist. If it appears that the driver is nervous, is looking around frequently and does not readily get out of their car, try to memorize the driver and license plate number then call the police immediately.

Can bicyclists sue to the driver who hit them for financial compensation?

Yes, if the car driver is at-fault for the accident happening, then the rider can pursue a civil lawsuit for compensation. When a person is injured, they not only accumulate medical costs but may also have to get their bike repaired, lose pay due to missing work for recovery, and more. If you are interested in finding out more about your legal options, it is recommended that you make an appointment with a bike accident lawyer residents trust sooner rather than later.

Recently Facebook CEO Mark Zuckerberg appeared before Congress to testify about what his company plans to do before future elections to not continue to be co-opted by foreign governments or other special groups trying to influence elections. On Monday, October 2, Facebook announced it has turned over the more than 3,000 ads linked to the Russia-tied Internet Research Agency to congressional investigators in the wake of the Cambridge-Analytica scandal. In a blog post, the social media giant also further detailed the steps it’s taking to ensure greater transparency and authenticity of ads on the platform.

One such step is to hire more than 1,000 people over the next year who will review ads. Facebook also plans to invest more in machine learning to better identify and take down ads that violate its policies.

Last week, Facebook general counsel Colin Stretch announced the social media giant would release 3,000 Russia-linked political ads to the House and Senate Intelligence Committees, after previously refusing to do so due to cited privacy concerns.

This followed the revelation that at least 470 fake Pages and accounts were identified by Facebook to have spent approximately $100,000 on promoted ads from 2015 to 2016. According to The Washington Post, at least some of these accounts were linked to the Internet Research Agency, a so-called “troll farm,” operated out of Russia. The influencers gave innocent-seeming psychological quizzes then targeted profiles they created on sensitive social issues such as homosexuality policies with negative press on issue linked to Hillary Clinton and positive information linked to the election winner, Donald Trump.

Facebook CEO Mark Zuckerberg, who previously called the notion that fake news on Facebook influenced the election a “pretty crazy idea,” released a video last week outlining “the steps [Facebook is] taking to protect election integrity.” In this piece, we’ll lay out we know so far, what Facebook has promised to do in the future to ensure the integrity of elections around the world, and what questions we still don’t have the answers to. As technology becomes more sophisticated at targeting the preferences of consumers, this issue will continue to be a challenge.

On September 6, Facebook Chief Security Officer Alex Stamos revealed the company’s findings: 470 Pages and accounts that purchased $100,000-worth of ads were “affiliated with one another and likely operated out of Russia.”

Stamos also noted that another $50,000-worth of ads were purchased by “accounts with US IP addresses but with the language set to Russian,” which “didn’t necessarily violate any policy or law” but raised red flags in hindsight.

The New York Times recently detailed how some fake accounts came to be, and the information – or, misinformation – they spread. One profiled account was for a Melvin Redick, ”of Harrisburg, Pa, a friendly-looking American with a backward baseball cap and a young daughter,” someone it seems doesn’t exist. This account, as with others like it, were used to spread divisive messages and start trending topics through promoted advertisements.

At the time, in 2016, Facebook used a self-service advertising interface that lets users promote posts without any employee oversight. Only major ad campaigns from companies receive human attention. “Individual” users working en masse avoid this problem. Only after the election, Schrange claims, did Facebook notice some auto-approved ads due to the large number and scope involved might be “problematic.” If you have questions about Intellectual Property Law or Internet issues, call an attorney, like an intellectual property lawyer, today.

There are many situations that could occur in which a government entity or employee may be the cause of your injuries. For instance, your car may get hit by a city bus or you may fall at the DMV. While you may be entitled to compensation and the government may be liable for your injuries, there are strict guidelines and rules you will need to abide by when suing the government. If you have been involved in an accident or injury that is involved with the government, it is important to have someone on your side who understands the strict regulations that come with these cases. Our lawyers understand the complexities of personal injury cases involving the government and will work to ensure every guideline is followed correctly. Do not hesitate to contact an experienced personal injury lawyer Miami, FL relies on to ensure you are taking proper steps.

How is “Government” Defined in a Personal Injury Lawsuit

It is important to first determine if the government was responsible for your injuries and if it was, which specific government entity should be included in your personal injury lawsuit as a defendant. If an employee works for a state, municipal, local, or federal government and is performing their duties while the accident or injury takes place, they are considered part of the “government” in terms of a personal injury lawsuit.

For instance, if you are rear-ended by a police officer’s vehicle while they are performing their duties, they are considered government. You will need to follow the state-specific guidelines when you sue for your personal injury damages. However, if on your way home from work you get into an accident with a United States Postal Service clerk also on her way home, she is not performing her work duties and is not considered government at that point. If you decided to file a personal injury lawsuit, it would be a regular lawsuit rather than a government lawsuit.

Notice of Claim

One regulation related to suing the government, is that you will need to file a notice of claim before you can file a lawsuit in court. These requirements will differ depending on which state you are in. However, it is usually between one and three pages and you will have to explain that you have a claim against specific employees of the government or government entities. This will also have to lay out the facts around your injuries and state each cause of action that is against the government.

The reason behind providing a notice of claim is to allow the government some time to investigate your claims against a person or entity. During this time period, you may be contacted to discuss your claims with the government. In some instances, the government may prefer to settle your case without going to court. Most of the time, however, the government will deny your claim and once the notice of claim period ends, you will need to bring a lawsuit after them.

Time Limitations

Many states have strict time limits if you are bringing a claim against the government. It is important to find out the time restraint on the claim because if you do not send the notice of claim in the appropriate time period, you will not be able to bring any personal injury lawsuits against the government in the future relating to your injuries.

Thank you to the Needle & Ellenberg, P.A for providing their insight and knowledge on personal injury.

One of the most common victims of slip and fall accidents are tenants who are injured at the place they call home. When a tenant is injured, the question is how much responsibility does the landlord have for the accident and for the damages and losses the tenant suffers because of the injuries they suffer in the fall.

What types of slip and fall accidents do tenants sustain?

A slip and fall accident can happen in a multitude of ways, but there are certain types of tenant injuries that slip and fall accident attorneys see frequently. These include:

•        Flooring
•        Parking lots and sidewalks
•        Poor lighting
•        Snow and ice removal
•        Stairways

What types of injuries do tenants suffer from slip and fall accidents?

Many tenant victims of slip and fall accidents require treatment and recovery for the following types of injuries:  

• Back injuries
• Brain injuries
• Fractured ankles and writs
• Knee injuries
• Pulled muscles
• Shattered collarbones
• Skull fractures
• Spinal cord injuries
• Sprains
• Stretched ligaments and tendons
• Tailbone bruises and fractures

How is a landlord responsible for a slip and fall accident?

A landlord owes a duty of care to their tenants, which means they are responsible for properly maintaining the property the tenant is renting, as well as promptly repairing any issues that that come up. This not only applies to the inside of the property in the areas the tenant lives in, but also applies to common areas of the property, such as stairways, hallways, lobbies, and elevators. This responsibility also covers the outside of the property, including parking lots, driveways, sidewalks, pool areas, and yards.

If a tenant is injured in a slip and fall accident and retains an attorney to pursue damages for those injuries, the attorney will look at the following to determine if the landlord was negligent in the accident:

•  Did the landlord or one of their representatives/employees create the hazardous condition?
•  Did the landlord know the hazardous condition or should have known the hazardous condition existed?
•  Did the landlord ignore the hazardous condition for an extended period of time?

When isn’t the landlord responsible for the injury?

If the tenant has a lease with the landlord and the lease states that there are areas that the tenant is responsible for, then there is a possibility the landlord would not be responsible for the slip and fall accident. For example, let’s say the lease specifically states that the tenant is responsible for all snow and ice and removal on stairs, walkways, and the driveway. The tenant fails to remove the ice that has built up on the outside stairs. He falls and breaks his hip, leaving him unable to work at his construction job while the hip heals.

Because the lease states that the tenant was responsible for ice removal, he likely would not have a claim against the landlord and would be responsible for his own medical bills and could not pursue loss on income damages.

If that same tenant and landlord had a lease that stated the landlord was responsible for all snow and ice removal and the tenant fell and fractured his hip, he would likely have a strong personal injury case against the landlord. If you have any personal questions, do not hesitate to contact an experienced slip and fall lawyer Minneapolis MN trusts to ensure you get proper guidance.

Thank you to Johnston Martineau PLLP providing their insight on slip and fall accidents.

The answer to that question is something called the statute of limitations.  Every state and the federal courts have one. Typically, the statute of limitations controls how long people have to file a negligence or other legal claim.  Like many other areas of the law, the statute of limitations is a balancing act. Tortfeasors (negligent actors) should not have to look over their shoulders in fear of a lawsuit for the rest of their lives.  Likewise, victims should have ample time to realize the extent of their injuries, attach a cause to their damages, and collect evidence to support their positions.

The line must be drawn somewhere, and most states draw the line at different places and in different ways.

Limitation of Actions

In most states, the statute of limitations for most negligence cases is two years.  That includes claims such as slip-and-fall injuries, car crashes, and dog bites.

However, this is only a rule of thumb and the rules vary significantly.  Sometimes, the rules vary within the same state. For example, Georgia’s negligence statute of limitations is usually two years.  But if the tortfeasor was a government employee, special rules may apply under the Georgia Tort Claims Act. The statute of limitations can be as short as one year in these cases.

Statutes of Repose

The rules also vary depending on the type of negligence.  The statute of limitations usually begins running on the date of injury.  But if a defective or dangerous product hurt or killed the victim, some states use a statute of repose.  Unlike the SOL, the SOR begins running on the date the victim purchased the product. For this reason, the statute of repose is usually much longer than the statute of limitations.

Discovery Rule

Things get even more complicated when the injury is a serious illness, such as cancer, as opposed to a broken bone or other trauma injury.  It is often several years, or even several decades, before symptoms appear and the victim connects the illness with a tortious act.

It’s very important to know the rules, and it’s even more important to partner with a personal injury lawyer who knows those rules.