Category: Personal Injury

Hurt in a car accident that is clearly not your fault? After being involved in a car accident, it is important that you know how to handle the situation without causing any unnecessary harm to your safety, health, and rights to compensation. But in a ‘no-fault’ insurance state like New York, how can you receive what could have been your compensation for the injuries from the accident? 

A few years back, in what was perceived as an attempt to speed up compensation claims, the New York State introduced the “no-fault” laws, designed to provide quick financial benefits to victims of auto accidents, regardless of who’s at fault. Despite the no-fault law helping people get compensation faster, there are still many complications that many New Yorkers are yet to understand. No fault laws are one of NY States greatest tools for combating personal injury law negligence.

New York No-Fault Coverage 

New York is a no-fault insurance state. This means if you, a New Yorker, get into an auto accident, you’ll be compensated for the injuries and other possible damages by your insurance company, regardless of who is responsible. Your insurance company will have to compensate you for the medical costs and other losses you might incur after the accident, including lost wages. 

New York is one of the several states in the US to implement the no-fault car insurance system. Your PIP coverage applies to you or anyone driving your car, any passenger riding in your car, and any pedestrian hit by your car. Even though this system is designed to help you get compensation faster, it might not allow you to get as much compensation as there are coverage limits. 

Coverage limits In New York 

New York requires every driver to have no-fault coverage for personal injury protection. The minimum coverage amounts every driver in New York must carry includes;

 $25,000 liability for bodily injury per person

$50,000 liability for bodily injury per accident

$10,000 liability for property damage per accident

$50,000/$100,000 for death

New York No-Fault Coverage

The covered person is the person injured from the covered accident. The owner or the passenger of the vehicle is termed under covered person. A covered accident is an accident that occurs while using a car. 

In New York, the no-fault insurance covers;

  • Reasonable or necessary medical bills from the accident
  • 80% of lost wages, for up to $2,000 per month, to three years from the time of the accident  
  • Maximum of $25 a day for up to a year compensation for expenses caused by the accident
  • $2,000 death benefit to the estate of any person that died from the accident, which is covered 

The state expects all claims for no-fault personal injury compensation to be properly filed within 30 days from the day of the accident. The insurance company also has 30 days to respond to your claims. 

It is equally important to note that motorcyclists or passengers on a motorcycle are not covered. Also, you might not be eligible if you were intoxicated while driving, injured while committing a felony, or if the owner of the vehicle is uninsured. 

No-Fault Insurance And “Serious Injury”

Despite the no-fault insurance legislation, if you’re injured in New York, the law allows you to sue the driver and claim compensation as long as your claim meets the “serious injury” bracket. This involves;

  • Bone fracture
  • Total disability for 90 days
  • Disfigurement 
  • Permanent damage to body organ or system 

An injury can affect your life forever. You deserve to be fully compensated for all damages resulting from personal injury. It is your right. You’re entitled to it. Discover how you can get your full compensation today. Speak with a local personal injury near you.

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It’s important to understand the laws that may apply to your case before going over the actions to take after a maritime injury. Maritime laws are in place to assist injured maritime workers in recovering compensation for their losses. Although there are several marine regulations, the following are the most important ones that apply to harm cases:

The Jones Act  The Jones Act is federal legislation that allows a maritime industry worker to sue an offshore employer for injuries caused by the employer’s or a coworker’s negligence.

The Longshoremen and Harbor Workers’ Compensation Act – Employees of a land-based marine business who are injured while working on a bridge, pier, or harbor are covered by the Longshoremen and Harbor Workers’ Compensation Act

What To Do After a Maritime Injury

If you’ve been wounded in a marine accident at work, there are a few things you should do right away to protect your right to compensation under maritime law:

Report the Injury to Your Employer 

When an injury happens, it is critical to notify your employer. A worker should, at the very least, report an injury to their immediate supervisor. Coworkers may potentially report the mishap to the employer if the injury is severe enough.

It’s important for workers to prioritize their own health and safety; they should never rely on others to report their injuries unless they are unable to do so themselves. A copy of what transpired should also be attached to the injury.

The sooner you can put what happened down on paper, the better.

Seek Medical Attention 

What should you do initially if you’ve been hurt? Seek medical assistance. As quickly as possible, go to the emergency department, your primary care physician, or a healthcare clinic—and, if necessary, contact an ambulance at the scene of the accident. Any delay in getting to the hospital could harm your health or jeopardize your legal case. Most insurance companies regard 72 hours following an injury to be a reasonable time frame for seeking medical attention.

Mention all difficulties and pains to your doctor, even if you believe they are minor. On the other hand, avoid embellishing or exaggerating. Simply tell your doctor the truth and follow their instructions.

Take Notes and Photos

Accidents occur quickly, but determining who is to blame can take months, if not years. Take some time soon after the accident to write down what happened, including the names of everyone who was present. Photograph the equipment and the surrounding environment.

Don’t Sign Any Documents Without a Lawyer 

Following a maritime injury, your employer or insurance company may request a statement from you. You may be asked to sign paperwork as well. Both of these actions should be avoided until you have spoken with a marine attorney. If you submit a marine injury claim, anything you say or sign could be used against you.

Hire a Lawyer 

It is critical to contact an marine accident attorney as soon as possible before proceeding with your claim, regardless of your occupation. This is especially true for seamen, who frequently face a slew of challenges before receiving just recompense.

Longshore and harbor employees are not guaranteed benefits, notwithstanding the no-fault system. A skilled Jones Act lawyer can assist you in filing a claim, disputing any denials, and representing you in court if necessary. If a negligent third party contributed to the accident, your attorney can advise you on additional legal alternatives.

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In case of an accident, people involved usually get affected either in one way or another. Whether it is the loss of a loved one or a vehicular collision due to another party’s negligence, the process to follow to recover can be time-consuming and complex. The victim may get overcome by medical bills, emotional trauma, and handling insurance claims. Additionally, you would wish to get back to the position you were in before the accident.

Typically, injury attorneys practice several areas of the law. Thus, you must identify an attorney such as a Denver personal injury attorney specializing in injury law— that is, the attorney at the company focuses solely on personal injury law. Personal injury attorneys specialize in assisting their clients who get hurt due to the negligence of others. While injury law has several components to it, an attorney who specializes mainly in personal injury is likely to have more experience than one that focuses on many fields of law at the same time.

Why hire a personal injury lawyer?

If you or a family member have previously gotten involved in an accident, you know how disorienting one can be. Suppose you get injured as a result of another party’s negligence. In that case, you can contact a reputable injury attorney such as a Denver personal injury attorney to assist you in seeking appropriate compensation for expenses incurred. Engaging an injury lawyer is not a must after accidents; nonetheless, there are several reasons why one might need to hire one, some of which are;

  • They Can Help You Get Faster Compensation: If you do not have an attorney, you will have to wait until you’ve recuperated before seeking a settlement. Failure to have an injury attorney implies that it will take you much longer to get your compensation. You should therefore contact an injury attorney immediately after getting involved in an accident.
  • They Are Professional and Objective: Accidents and injuries cause a lot of both physical and emotional pain. This trauma may prevent you from making reasonable decisions regarding your injury. A personal injury attorney will file personal injury claims on your behalf. They will also help bring knowledge, skill, and experience into your case, which will help you get the settlement you deserve.
  • They Help You Make Better Decisions: Filing a personal injury suit is a complicated legal process, especially if you are not a lawyer. In most cases, the culprit owns up to their mistake and is willing to compensate you. In such cases, if the settlement amount is reasonable for your injuries, it would be wise to avoid a lawsuit. An experienced injury lawyer will analyze your situation and advise you on the available options.
  • They Know How to Negotiate: once an accident occurs, and you file an injury, the culprit’s insurance daily deals with these cases. It can be compelling when negotiating a lower settlement. Negotiating with insurance companies can be challenging because they have techniques for convincing you to take their offer. Hiring an injury attorney usually leads to better settlement.
  • They Can Provide You with Legal Coverage: Often, the culprit contests a personal injury claim, and this occasions you to consider court action. The offending party will most likely have an attorney, and not having a personal injury attorney will probably hurt your case. A seasoned personal injury attorney will give you adequate legal representation after injuries. They will collect the evidence needed to win your case.
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People usually make the mistake of thinking that personal injury lawyers are all the same, and therefore, it does not matter whom they hire. However, nothing can be further from the truth as it is imperative to find a good lawyer who will represent you in court and get you compensation for your injuries. An example of personal injury lawyers is Breakstone, White & Gluck. Below are some mistakes that people make while choosing an attorney:

Wrong instincts

The biggest mistake that most individuals make while hiring an attorney is going with their gut instincts and hiring whoever happens to be available. This leads to situations where clients get represented by law firms with no experience in dealing with cases related to their specific type of case. Moreover, these attorneys may not have any legal background in this field, which makes them useless.

Research

It is always recommended to do your homework and ask pertinent questions about the law firm’s experience with cases like yours. You should also consult with family or friends who can recommend you a good lawyer or at least guide you in choosing one for yourself instead of looking around randomly. Ensure that your attorney specializes in personal injury claims. Only then will they be able to provide you with satisfactory service.

Confidentiality

Attorney-client confidentiality/privilege is considered an essential part of this relationship. Still, numerous clients disregard their responsibility when utilizing attorneys, which leads to loss of confidentiality whereby insurance companies are informed about your case, consequently reducing the amount you receive in compensation. Suppose the attorney chooses not to share information about their client with the insurance company, and the attorney has no way of knowing that this person has done so. In that case, they cannot be held accountable for revealing information. While it is understandable that everyone needs to share their story, it is always better to ask your attorney whether you can talk about your case before disclosing any information.

Wrong communication

Other than breaching confidentiality by sharing facts of the case with friends or family while waiting for their lawyer to prepare for court, people also make mistakes while communicating on the phone, leading to loss of attorney-client privilege. Such privileges are considered sacred in legal practice, but there are numerous ways through which they can be lost. For example, if an individual accidentally mentions another party’s name during a phone conversation, the entire conversation becomes part of the public record. Similarly, if someone accidentally discusses their injuries or any progress in a case during a phone call, this will become available to insurance companies.

Therefore, it is recommended that individuals must always ask their attorney beforehand whether they can discuss anything related to their case before doing so. Otherwise, keep all communication strictly professional and formal instead of personal and casual. Additionally, do not sign any document without reading it entirely, as ignorance cannot be used as an excuse in the court of law.

Finally, most people ignore hiring an attorney because they presume that they are getting more than enough compensation for their injuries or loss of life due to some accident. However, everything should be taken into consideration before making a final decision.

One must never forget that, along with money, many other things cannot be compensated for by any amount of money in this world, such as loss of life, pain, suffering, etc. It is appropriate to hire a personal injury lawyer compared to representing yourself. In addition, when you hire an attorney, they can guide you in getting an appropriate settlement from the insurance company or court in your favor, so in return, you get fair compensation for the injuries sustained due to some accident.

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Heavy traffic and negligent drivers put pedestrians and cyclists at risk of getting hit by a car every single day. If you have recently suffered injuries after a driver hit you, Personal injury law entitles you to take action to receive compensation for your injuries. However, you need to take certain steps to protect the value of your claim and ensure you have the best chances of recovering the maximum damages for your situation.

Immediately after a car hits you, it’s likely that an ambulance transported you to the nearest emergency room for treatment, and local law enforcement came to the scene to investigate. The following tips provide guidance in the hours, weeks, and months after your accident:

Seek Medical Treatment After You Were Hit by a Car

If you were fortunate enough to remain conscious and walk away from an accident after a car hit you, you still need to let a doctor check you out. Your medical record serves as evidence that your injuries occurred because a car hit you, giving you leverage for your pedestrian accident case. Some choose to avoid medical treatment because they have a high pain tolerance and do not want to go to the hospital. Pain and soreness sometimes indicate hidden injuries, like traumatic brain injuries, broken ribs, and internal organ damage, which can be fatal when left untreated. Your health and well-being are the top priority.

Keep Records of Economic Loss

After being hit by a car, the value of your pedestrian accident injury claim heavily depends on the amount of economic loss you suffer because of your injuries. This includes medical bills, lost wages, and other damages. Whether filing an insurance claim or a personal injury lawsuit, you must prove every penny of your economic loss. Save every bill and receipt and make a digital file with copies of them to ensure you have the evidence you need to recover your losses. Common documents that serve as records of economic loss include:

  • Ambulance bill
  • Hospital/Doctor bills
  • Rehabilitation bills
  • Pay stubs to prove lost wages and benefits
  • Gas receipts for travel costs to and from doctor/hospital
  • Receipts for items/labor needed to make a home more accessible after injury
  • Receipts for replacement services, such as lawn care, childcare, and handyman services

It’s best to save everything. Your car accident lawyer can help you edit and advise you on which items you can get money for.

Keep a Daily Journal

The law also permits you to seek compensation for non-economic damages after you’ve been hit by a car. Non-economic damages include things that are difficult to quantify, such as pain and suffering, diminished quality of life, and loss of consortium. Your attorney will use their experience and your medical records to place a value on this portion of your claim, but you can ensure those involved understand the full impact of your injuries on your life by recording your physical and emotional feelings in a daily journal. Your journal entries should include things like:

  • A description of your physical pain in comparison to the previous day or week
  • Discussions of things you cannot do, e.g., raise your arm, walk, turn your head
  • Discussions of things you missed out on because of your injuries, e.g., child’s birthday celebration, work, yearly family vacation
  • Negative emotions you are feeling because of your injuries, such as anger, sadness, depression, and humiliation

Consult an Experienced Accident Injury Lawyer

Suffering severe injuries after getting hit by a car comes with emotional and financial stress on top of the physical pain of injury and healing. In the aftermath of your injuries, let an experienced car accident lawyer help you fight for the compensation you deserve. Your attorney can investigate the accident and uncover facts to support your claim. Skilled lawyers also help their clients by handling communication with the other driver’s insurance company, negotiating a settlement, and presenting your case to a court when settlement is not an option.

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Despite the fact that dogs are considered man’s greatest friend, if you spend enough time in an emergency department, you will eventually come across someone who has been attacked by a dog. Every day in the United States, approximately 1,000 people go to their local emergency department to be treated for dog bite injuries. Dogs also attack more than 4.7 million people in the United States every year.

Who bears the responsibility?

It is the dog owner’s responsibility to ensure that their dog does not cause injury or damage to others. Owners of hazardous dogs may still be held accountable regardless of whether or not they were aware that their dogs were dangerous. Last but not least, in many circumstances, the bodily harm and property damage caused by the dog will be covered by the dog owner’s homeowner’s or renter’s insurance policy.

It is not necessary for a victim to demonstrate that the owner was reckless or negligent. Dog owners should be aware that no matter how cautious you are in ensuring that your pet does not harm anyone, you may still be held accountable if your furry little companion bites another person.

Many other states adhere to the “one-bite” rule, which stipulates that an owner is only accountable if they knew their dog was dangerous or likely to bite at the time of the incident.

You are liable for any personal injury or property damage that your dog causes, regardless of whether or not you were aware that your dog was potentially harmful. In some cases, recovery may be rejected and you may be held accountable if you do any of the following:

1) The victim was the one who provoked the dog.

2) The victim was infringing on someone else’s property.

3) The danger was taken by the victim.

4) The victim was careless in allowing the dog to attack him.

My dog had acted inappropriately. Is it still my responsibility?

The damage that your dog has caused may not be your responsibility if your dog was provoked to bite someone else. A dog can be provoked in a variety of ways, depending on the situation. Provoking a dog can be accomplished in a variety of methods, including taunting, teasing, beating, holding, pulling, and grabbing it. Even seemingly innocuous behaviors can cause a dog to become agitated. When a person trips over a dog, or if a youngster embraces a dog and the dog reacts aggressively, it is feasible that the dog owner will not be held accountable for the incident.

When my dog bit someone who was trespassing on my property. Is it still my responsibility?

If your dog bites someone who is trespassing on your land, you may not be liable under the dog bite legislation; however, you may be liable under a premise of negligence if the dog bites someone who is on your property. People are deemed trespassers if they enter your land without your permission and are not invited to do so. However, a dog bite attorney would be needed for victims in this case since trespassing laws combined with dog bite-related laws can become complicated fast to analyze.

 

 

 

 

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Their practice area notwithstanding, most lawyers have a passion for law and reliable references. However, if you are involved in the financial impact of a serious car accident, you require to get an experienced attorney such as a car accident attorney Seattle-based to guide you through the process of seeking justice. Getting a good attorney is often not easy and that is why you should look for the following traits in your prospective attorney.

Experience

Most lawyers practice in several realms of law including family law, personal injury law, and others. It is thus crucial to look for an attorney who has handled auto accident claims successfully in the past. Find out the verdicts of the specific cases handled by the lawyer in the past.

Moreover, it is helpful to have an attorney who has dealt with other types of personal injury claims. Different strategies are needed to resolve varying claims, and a lawyer who is familiar with the strategies is likely to bring the required insight to the case.

Compassion

Most people concentrate more on the attorney’s experience when looking for legal counsel. However, it is equally crucial to consider the lawyer’s personality. A skilled car accident attorney such as a car accident attorney in Seattle should genuinely care about your claim in addition to having a welcoming and likable personality. Since you would be spending substantial time with your attorney, it is vital that you get a lawyer with whom you are comfortable working.

Honesty

No lawyer can guarantee a particular result for your case. A reasonable lawyer will inform you of the likely outcomes of your case based on past experiences and laws.

Availability

A car accident lawyer who is overworked may not have adequate time to offer your case the attention needed. Finding an attorney who will receive your calls, return your emails in time, and avail himself will make the process less stressful.

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Getting injured at work is a terrible and common occurrence. If it happens to you, you should make sure that you get properly compensated for your pain and struggles.

The Fastest Way To Get Compensated

When you’re injured on the job, the fastest way to get compensation for your troubles is by hiring a Rockville MD personal injury lawyer. These professionals are trained to fight for your best interests and get quick results. They know that people who are injured don’t have a lot of time to wait for their funds to arrive and need that money as soon as possible so they can take care of any bills related to the injury.

Reasons You’d Get Compensated

If you’re injured on the job, there are multiple reasons why you’ll need to be compensated. The first reason is the injury itself. You’ll likely incur medical expenses as a result of the injury. You may be required to pay for at least one, if not multiple, doctor visits. Additionally, you may also need to pay for medication and other types of treatments to try and resolve your injury.

The second reason you’ll need to be compensated is for any work you miss as a result of the injury. If you’re injured, you may need to miss several days or even weeks or months of work. You can receive compensation for these missed work days because you were injured on the job and are missing work through no fault of your own.

If you’ve been injured on the job, don’t lose hope. You can receive compensation for your injury quickly with the help of professionals who make their living fighting for people like you. Not only that, but if you need to miss work due to your injury, you can seek compensation for those missed workdays as well!

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It’s amazing how many people end up in a hospital each year due to a car crash or a fall. It’s estimated that in the United States alone there are more than a million registered cases, but another endless number of cases that do not also reach lawsuits and in the same way become very serious, even causing death.

It’s very common that these types of situations can be avoided, but dangerous incidents are undoubtedly the order of the day. If there were no dangerous situations that caused some kind of catastrophe, there would be no deaths, traumas, injuries, claims or medical expenses.

Any business owner who accepts visitors into their establishment knowing that risky situations exist, must be found guilty for slip injuries or auto accidents.

Responsible for damage due to falls or trauma

It’s important to determine who was responsible for the fall. If there were currently dangerous or potentially dangerous situations that caused the victim to slip and be injured, the owner in control of that property, or its tenants, or those in charge of the property maintenance, can be held legally responsible for the damage, slip and fall accident.

Commercial premises, shops, restaurants, hotels are public places that invite people to enter their businesses, have the highest level of obligation to their visitors and must inspect the premises, or warn customers about the dangerous conditions that may exist, or have the problem that generates the existing dangers repaired.

On the other hand, the owners of the houses also have a duty towards the people who come to their house, in the same way they must fix the dangerous conditions or, at least, try to warn the close ones about these.

But between the two there is a big difference (business and homeowners) since the latter should not carry out inspections but only the risks that are considered reasonable.

Conditions that generate falls

Each of us has had a fall in our life that may have been due to being trapped on our own feet, but the most typical thing is that it happens through the negligence of others.

The important thing is to know that, in any case, lawyers with a track record in Nevada, like https://richardharrislaw.com/personal-injury-attorney-reno/ for example, are willing to listen to your case. The types of injuries that can be suffered from dangerous accidents and falls are:

  • Cables or ropes extended along a pedestrian path
  • Slippery floors
  • Uneven floor surfaces
  • Wet floors
  • Very steep edges on sidewalks or driveways
  • Carpets that are not secured to the floor
  • Floors with loose, broken, or uneven tiles
  • Broken, elevated, cracked sidewalks
  • Uneven steps
  • Poor, inadequate, or no lighting
  • Steps too narrow
  • Loose, deteriorated or broken railings

Injury to the property of a third person

It’s the responsibility of the owner to maintain a property in good condition, if he does not keep it in optimal and safe condition or does not warn about any dangers that exist, the people who visit the place can suffer serious injuries.

In just a fraction of seconds, anyone could be seriously injured that requires immediate medical attention and the legal defense of an experienced personal injury attorney.

Accidents can happen thanks to a broken handrail or a hole in the stairs, which could cause an injury that affects not only the ability to defend yourself, but also the right to enjoy a healthy and active life.

Advice from an injury attorney

As we have seen, these are situations that endanger the lives of passersby when walking through dimly lit places or steps without defenses from which to support themselves. The most alarming thing is that these situations occur mostly in workplaces, offices, shops, sidewalks, and with less possibilities in closed spaces.

The importance of seeking the advice of a personal injury expert is that they understand (more than anyone else) what is at stake for their clients when they suffer serious injuries thanks to the negligence of business owners.

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When a personal injury case is started, we often see clients worried. They often think that some things from the past can end up influencing the result of the claim. As a result, they feel angry, resentful, or angry. They do not share some information with their injury lawyer. Unfortunately, this can be a pretty huge mistake that can lead to very bad situations.

The big touchy subject is often prior health history. When the client did suffer because of a medical condition and this happened before the accident, with the accident actually aggravating symptoms or leading to brand new ones, hiring such information is often the case. People are afraid that disclosing the past condition would lead to downplaying how serious the new injuries are.

It is obviously very tempting to neglect some details, lie, or just leave them out. You might want to not mention some things like older lawsuits or criminal records. However, when you do this, you actually drastically hurt your chances and you might not end up being compensated for the injuries you suffered, which is the case even if your claim is 100% legit.

The big reason why you need to disclose everything and not hide past conditions is the fact that your attorney is there to help you. He will be able to reduce the negative impact of information coming from the past. This is done through the establishment of a strategy that would be employed whenever being confronted about the sensitive information you do not want to mention.

Some examples of information you should never hide when discussing your case with the personal injury attorney are:

  • Past lawsuits
  • Criminal history
  • Bankruptcy
  • Past insurance claims
  • Workers’ compensation claims you received
  • Lack of work history or work history
  • Health history
  • Disability reasons

A very important thing that needs to be in the back of your mind at all times is that the lawyer is not allowed by law to disclose any information you share when there is a relationship established. This practically means that when you hire the injury attorney, he will never use anything he hears against you.

The duty of the lawyer is to respect confidentiality so that your information is protected. Also, he will have to use the information you offer with your best interest in mind. The only situation when the duty of confidentiality will not apply from the lawyer is when you are looking for legal advice with the purpose of committing a future crime.

The very best personal injury attorneys find ways to combine this duty of confidentiality with honesty in order to exclude, explain, or suppress the information that can potentially put the injury claim at risk. Basically, you need to trust your lawyer and trust him that confidentiality will be respected so that the very best possible case can be built.

 

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