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Brake Failure And Trucking Accidents

December 25, 2022 by admin

When you have been the victim of a truck accident, one of the emotions you may be feeling is anger. This is a completely valid emotion to feel. After all, when a large truck comes barrelling into your car, you know that you are incredibly fortunate if you’re able to walk away at all. However, it is important to not express that anger against the driver of the truck when you are at the scene of the accident for a few reasons. First, yelling at the truck driver can only hurt your accident claim when it is time to file with the insurance company. Second, it is possible that the truck driver is actually not responsible for your accident. How can this be?

What To Do When The Driver Claims It Was Brake Failure

One cause of truck accidents is brake failure. This unfortunate scenario can cause the truck driver to have a difficult time coming to a stop even if they apply appropriate pressure to the brakes. Large trucks already have a difficult time when it comes to slowing down and coming to a stop. They need to be constantly observing the road, other drivers, and what kinds of stoplights or stop signs there are ahead of time so that they do not slam on the brakes. 

When the truck driver is claiming that the brakes failed them, you should speak with a lawyer, according to a truck accident lawyer from a law office like MartinWren, P.C. Your lawyer can investigate this claim to determine if the trucking company is the one who was responsible for the accident by allowing the truck driver to work in a truck that was not properly maintained. On the other hand, the company that manufactured the truck parts–such as the brakes–may be the responsible party if there was a manufacturing defect with the brakes. In either scenario, your lawyer may find the evidence is pointing to the trucking company or the parts manufacturer instead of the truck driver.  

What if the brakes were working fine? 

When your lawyer goes to investigate your claim, they will want someone to examine the truck to see if the brakes were truly malfunctioning or not working properly. If they appear to be in good working order, then the truck driver may not have applied the brakes correctly and might be the one who is responsible for the accident. Your lawyer will need to show that the truck driver did not operate the vehicle using reasonable care. 

It can be difficult when you are trying to fight for the compensation you deserve and you need to figure out who the liable party is. Your lawyer may try to file a claim with the trucking company because you would have a better chance of receiving a fair amount of compensation for the injuries you sustained. 

When you are ready to move forward, reach out to a local law firm you can trust. 

Filed Under: Uncategorized

Worker’s Compensation Retaliation

December 6, 2022 by admin

Many people get nervous about filing for workers’ compensation because they are afraid that their employer will terminate them in retaliation. Fortunately, employees have an option in those circumstances. New York workers’ compensation laws forbids any employer from interfering with an employee’s ability to file for workers’ compensation or discriminating against them as a result of filing a claim. Fired employees have a right to bring a lawsuit for retaliatory discharge if they can show that the firing was motivated by the filing of the workers’ compensation claim. A workers comp lawyer can help.

Retaliatory Discharge

Retaliatory discharge claims are a legal tool that wrongfully-terminated employees can use to receive things like back pay and reinstatement to their old positions. In order to prevail on a retaliatory discharge claim for workers’ compensation, the employee must prove three things. First, they must show that they were an employee before the injury. Although the worker was clearly employed prior to the injury, they were not necessarily an employee, which is a special legal term. The test for whether a worker was an employee revolves around the amount of control and supervision that the employer exercised over the worker. The more control, the more likely someone is to be counted as an employee.

After showing that they are an employee, they must then demonstrate that they actually exercised some right that the law provides. If they can do that, then they must show that their exercising that right was the “proximate cause” of their being fired, meaning that it was “a cause that, in the natural or ordinary course of events,” led to the termination. This is often the most difficult part of the case.

Proving the Employer’s Motive

Proving the employer’s motive for the termination can be the trickiest part of a retaliatory discharge claim because it represents an exception from ordinary law. Usually, the law creates an “at-will” employment situation, meaning that an employer can terminate an employee for any reason. However, there are a few reasons that are improper, such as racial discrimination or retaliation for a workers’ compensation claim. The difficult part is proving that that was the reason for the termination.

An employer will likely raise some other reason, such as bad work ethic, absenteeism, or some other pretext for the termination. However, courts have found that the existence of another reason for the termination is not necessarily enough to shield the employer, if the workers’ compensation claim was also a cause that naturally led to the termination.

On-the-job accidents can lead to serious injuries, and people should not be afraid to seek the benefits they are entitled to under the law. Injured workers should contact a skilled workers comp lawyer for legal help.

Thank you to our friends and contributors at Hurwitz, Whitcher & Molloy, LLP for their insight into how a workers comp lawyer can help.

Filed Under: Uncategorized

Myths Regarding Personal Injuries

December 2, 2022 by admin

If you or a loved one have been injured due to negligence, or another’s reckless behavior, pursue compensation with a personal injury lawyer.

Upon injury, many do not understand what their rights are, and what legal action may look like. By scheduling a risk-free consultation with a personal injury attorney, injured victims can determine if they have a case worth pursuing or not. Lawyers, specializing in personal injury, understand the ins and outs of what an effective case or lawsuit may look like, and strive to pursue the highest compensation available for their client.  

Compensation for personal injuries only covers physical injuries sustained in an accident or traumatic event. This myth is false because experienced lawyers understand that their clients typically suffer from more than just their physical injuries. Mental and emotional wounds can occur as well and should account for compensation. Anxiety, depression, and post-traumatic stress disorder, otherwise referred to as PTSD are common ailments for surviving victims of an accident, and can have devastating effects on an individual’s life. For example, if someone is struggling with one or more of these mental or emotional stressors, it can make work, travel, everyday tasks, and maintaining healthy relationships extremely difficult. While most focus on the physical aspects of personal injuries, emotional and mental injuries can have a long-lasting, and negative impact on those suffering as well. Attorneys strongly encourage their clients to seek professional help from a therapist and work towards healing. 

Personal injuries are only car accident cases. This claim is untrue and is a disservice to those who have experienced injuries in other events that are not car accident related. Although car accidents do account for the majority of personal injury cases, there are many other opportunities for victims to experience injury. Slipping and falling on a freshly mopped floor of a building without proper signage is an example of a personal injury case that could have serious repercussions for the victim. A broken arm, leg, or another ailment can greatly impact a person’s life, work, motor function, and overall health. Hospital visits, outpatient care, prescription medication, and surgery are all examples of what a victim of a slip and fall may have to deal with. The expense of treatment and time off work can create a real financial burden for the injured victim. Clients should not have to worry about the proper legal steps and actions needed to gain compensation. According to a personal injury attorney at Ward & Ward Law Firm, lawyers desire that their clients focus on what is truly important, their health while they devote their time, and resources to advocating for their clients. After an injury is sustained, clients may need days, weeks, or months to recover from their injuries and work toward healing. In some cases, the injuries sustained in an accident or traumatic event change a person’s life forever. The physical, emotional, and mental scars are left as a reminder of what the victim has gone through. Fight for the compensation you deserve, and contact an Indianapolis personal injury attorney today. 

Filed Under: Uncategorized

Implied Consent

September 6, 2022 by admin

Drunk Driving Accident Lawyer

Definition of Implied Consent

In Georgia, implied consent is an essential part of almost every DUI arrest, and it is enforced by nearly all local law enforcement agencies. In spite of this, students in high schools and colleges have never been taught what implied consent means, either. There is an obscure law that has been in place for more than 70 years in some states, but it has only been in use for about 60 years in Georgia.

As a drunk driving accident lawyer from The Lynch Law Group explains, a law that refers to implied consent will inform you that you have a legal “obligation” to submit to incriminatory testing as a requirement of Georgia law. A state officer has already arrested you, and the officer wants to collect evidence in order to be able to suspend your driving privileges in the future. It is significant to note that the implied consent notice does not explicitly state that if the results of the test are used in a criminal prosecution, then you can be found guilty.

When Is the Implied Consent Georgia Notice Read, After a DUI Arrest?

In general, the implied consent law in Georgia is supposed to be read to an arrested person as soon as possible after they are taken into custody. In other states, such as North Carolina, the implied consent law wording isn’t read until you are in jail, so that you are able to read it yourself, rather than just hearing it being read to you.

Can I Decline to Take the Implied Consent Georgia Test?

Due to the fact that this implied consent law advice is given to you after you have been arrested for driving under the influence, which is considered a “less safe” offense, many people who are facing their first offense with alcohol are inclined to say, “no.” This is mainly due to a combination of underlying issues and an element of uncertainty.

In their minds, they may feel fear of the unknown, worry about being cuffed, be concerned about going to jail, have fear of needles, not understand the poorly-worded advice given by a police officer, and wonder why they were arrested when they assumed they had cooperated and done what was asked of them.

Can I Talk to a DUI Lawyer in GA Before Taking Implied Consent?

When people are arrested for DUI in Georgia, they often immediately ask to speak with a DUI lawyer, but the officer who arrested them informs them that they are not allowed to do so.

The Georgia Supreme Court has ruled that when someone is arrested for DUI-DWI, they will be told where and when they can contact a drunk driving attorney, while in other states (e.g., NC), they will not be told where or when they will be able to contact a drunk driving attorney. Until the person has incriminated himself or herself, either by submitting to the implied consent test or refusing it, legal counsel cannot be contacted in Georgia. If you refuse to submit to a DUI test, you may be subject to a suspension of your license, and your refusal can be used as evidence against you in a DUI criminal case.

Filed Under: Uncategorized

Get the Workers’ Compensation You Deserve

August 12, 2022 by admin

Maryland workers comp settlements are designed to protect employees who are injured at work by providing settlements to cover expenses caused by injuries. If you’ve been injured on the job and want to file a claim, you may be able to get financial compensation in the form of workers’ compensation payments and medical treatment that you need to recover from your injuries, as well as lost wages while you’re unable to work because of your injuries. However, those who are familiar with the law know that it can sometimes be difficult to get workers’ comp settlements that are sufficient in size to truly help you with your recovery and lost wages. Learn more on how you can get the most out of your settlement according to our friends at Cohen & Cohen.

1) Talk with Your Lawyer

Before you can receive any benefits, you’ll need to file a claim. And once you’ve filed a claim, you’ll need to negotiate a settlement with your employer’s insurance company. This is not something you should do on your own. Instead, contact a lawyer to help with your case so they can collect the proper details and file all paperwork correctly to get you what you deserve out of your case. Make sure to tell your lawyer everything so they can properly represent you and your situation.

2) Keep a Journal

Keep a journal of your injuries and pain levels from the very beginning. This will be helpful in communicating the extent of your injuries to your doctor and lawyer. It can also help you document a pattern, if you are having chronic issues with an injury or pain. If there is a significant difference between how you feel before and after a work shift, then this is something that should be noted as well. Basically, document everything!

3) Do Everything Your Doctor Says

To get the most out of your claim, it’s important that you follow your doctor’s orders. Avoid doing anything that could potentially worsen your injury – this means no alcohol or cigarettes. Asking for copies of records from your doctor will also help with filling out paperwork and getting the settlement you deserve. It is in your best interest to talk to a lawyer about your case if you are injured on the job. They can offer insight into how best to proceed with your case and what steps you should take next. A lawyer can also provide an assessment of whether they think they have a good chance of winning based on what evidence has been collected so far, which heavily relies on your medical records.

4) Answer Questions Truthfully

This is the most important thing you can do, and the simplest! Tell your attorney the truth at every stage of the process so they can get you the compensation you deserve. If you lie at any point, your case will no longer be valid and you will lose any potential benefits.

5) Ask for Help When You Need It

If you’ve been injured at work, you may be entitled to benefits. These benefits can help you cover your medical expenses and lost wages while you’re out of work. But getting the settlement you deserve can be a challenge. That’s why you should contact an attorney immediately if you have been injured at work.

Filed Under: Uncategorized

Common Causes of Slip and Fall Accidents in the Summer

June 24, 2022 by admin

Personal Injury Lawyer

Many people think that slip and fall accidents happen only in the wintertime. However, just because there isn’t snow or ice on the ground, doesn’t mean that you can’t suffer this type of accident. If the accident resulted from someone else’s negligence, you may be entitled to compensation. Here are a few common causes of slip and fall accidents in the summer.

Swimming Pools

When temperatures are scorching hot, nothing feels better than stepping into a swimming pool. However, some people suffer slip and fall accidents when they’re at swimming pools. The ground around these pools can be very wet and slick, so you have to be extra careful. Make sure to walk extra slowly around a swimming pool so that you don’t suffer this type of accident.

Sprinkler Systems

Sprinkler systems can help maintain a green lawn and even provide entertainment for children in the summertime. However, these sprinkler systems can also make the sidewalks extra wet. When you’re walking near sprinkler systems, take your time so that you don’t slip and fall.

Boats

There are few things more fun than hanging out on a boat on a hot, summer day. However, boats also have wet surfaces, which can increase the risk of a slip and fall accident. Features, like non-slip floors and hand rails can reduce the likelihood of these accidents. It’s also important to walk slowly in a boat to avoid falling.

Hiking Rails

Summer presents a great time to hit local hiking trails. You can enjoy the beautiful nature and get exercise at the same time. However, these trails can also increase the risk of slip and fall accidents, especially after a big rainstorm. Wear sturdy, slip-resistant shoes and always be aware of your surroundings to avoid slip and fall accidents.

Obtaining Compensation for a Slip and Fall Accident

If you were hurt in a slip and fall accident that was caused by someone else’s negligence, you may be entitled to compensation. It is important to consult a personal injury lawyer, like one from Disparti Law Group, about your case as soon as possible. A lawyer can review the details of your case and determine if you have a good chance of recovering compensation or not. Don’t forget to bring any evidence, such as medical records or photos of the accident scene, to your initial consultation. 

Filed Under: Uncategorized

Grounds For Filing a Personal Injury Case

May 28, 2022 by admin

Personal Injury Lawyer

Dealing with the aftermath of an accident is already confusing and stressful enough. But when someone else had a part in it happening, then we may wonder if we can hold them accountable by law and whether it’s worth meeting with a lawyer to learn more. Personal injury accident victims often have to deal with medical bills, loss of wages from missing work, fixing or replacing property damage, and so much more. 

If you are reading this, then you may not be sure if you have grounds for filing a personal injury case. There is no one answer for every situation, so victims of accidents are encouraged to meet with a legal professional to find out more. For now, here are a few signs that you may have reason to file a personal injury lawsuit:

  • A personal injury incident has happened (such as a car accident, motorcycle accident, bike accident, dog attack, slip and fall, among others)
  • The severity of your injuries required medical treatment beyond what a standard first aid kit offers
  • You have medical records that prove your injuries
  • You were hurt because of another’s negligence or recklessness 
  • You are not able to return to work quickly
  • You have costly medical bills that you shouldn’t have to pay for
  • There is evidence of the incident (photographs or video footage)
  • You can show that the other person was at-fault
  • The person at-fault owed you a duty of care and breached that duty
  • You haven’t made mistakes that are detrimental to your case

As a Personal Injury Lawyer from Therman Law Offices, LTD understands, being in an accident where another person was responsible is enough of a reason to consider filing a personal injury case. By getting more information and having questions answered, victims can feel empowered to take action. 

Filed Under: Uncategorized

Who Can Be Held Liable In A Drunk Driving Accident in Florida?

April 12, 2022 by admin

Personal Injury Lawyer

Drunk driving cases in Florida are particularly complex. Generally, the intoxicated driver is held responsible for the accident. But, you could also file a third-party claim case against other individuals. In certain circumstances, a business such as a bar or a restaurant can be held responsible for injuries stemming from the accident.

So, for instance, a police officer who lets an intoxicated driver continue driving can be held liable for the accident. Similarly, under certain circumstances, the law might place a legal duty and liability on alcohol vendors to protect victims of a drunk driver who became intoxicated at the establishment.

Partnering with a competent and knowledgeable personal injury lawyer can help establish who is at fault and what rights you have in your particular situation. 

What Should You Do After The Accident? 

If you are hit by a drunk driver, make sure you stay on-site, check for your injuries, call for medical help, inform the police, and gather evidence. Collecting accident evidence and eyewitness information can help you greatly if you decide to hire a car accident lawyer in the future. 

What Are The Damages You May Be Compensated For?

Often, the wounds victims sustain include bruises, sprains, broken bones, spinal injuries, and traumatic brain injuries. If you and your auto accident lawyer can prove that the other driver was intoxicated at the time of the accident and the mishap occurred due to their negligence, you should be able to recover both economic and non-economic compensation.

The damages can include past and future medical expenses, lost wages, property damage, physical pain, mental suffering, out-of-pocket costs, and wrongful death. It is crucial to seek legal representation as soon as you can following the drunk driving car crash, as your personal injury lawyer would also need time to investigate the case and move forward quickly. 

When Should You File A Case?

Florida drunk driving accident victims have only four years from the date of the accident to file a personal injury case. In case of a wrongful death claim, the loved ones have two years to file a lawsuit. Regardless of your situation, an experienced car accident lawyer can help you maximize your recovery.  

Contact Our Personal Injury Lawyer Today for Better Assistance  

Drunk driving accident victims face a tough time navigating the law. It can be both scary and overwhelming. But you are not alone. We can help. 

At Jeff Murphy Law, our personal injury lawyers have over 30 years of experience supporting drunk driving victims throughout Florida, and we can assist you too. Schedule your free consultation with our personal injury lawyers today, and we will help you win your case and recover the compensation you deserve. 

Filed Under: Uncategorized

How to Help Your Kids Through a Divorce

March 2, 2022 by admin

Divorce Lawyer

A divorce is difficult on everyone involved, especially children. They may not completely understand what’s happening and feel scared and overwhelmed. If you’re currently in the middle of a divorce, you may worry about how your kids will cope. Here are a few different ways to help your kids through a divorce.

Consider Your Children’s Ages

How you tell your children about your divorce will depend on their ages. Younger children won’t be able to grasp the complexities of divorce while older children may be able to understand more. Although you don’t have to tell them every intimate detail about your divorce, you should tell your children enough information to help them understand the situation.

Let Your Children Know That They Aren’t to Blame

Many children blame themselves for their parents’ divorce. They might believe if they behaved better, their parents would still be together. That’s why it is important for you to explain to your kids that they are not to blame for your divorce. Tell them that you and your spouse don’t get along anymore and they don’t have anything to do with that.

Remain Civil with the Other Parent

While you may be angry with your spouse, you don’t want to let your children see you constantly fight with him or her. This can increase their emotional distress. Instead, try to remain as cordial as you can with the other parent. Likewise, you should never badmouth the other parent in front of your kids.

Encourage Your Children to Express Their Emotions

The last thing you want is for your children to keep their emotions bottled up. Encourage your kids to talk about how they’re feeling and ask you questions. If your children know that you welcome communication, they may feel more comfortable talking to you about their feelings.

Consider Therapy

Some children may not feel comfortable sharing their feelings about a divorce because they’re afraid of upsetting one or both parents. If this is the case, you may want to have your children talk to a mental health therapist. Everything your children say to the therapist will remain confidential. A therapist will help your kids come to terms with their feelings and teach them healthy coping mechanisms. 

If you plan to get a divorce, you may want to speak with a divorce lawyer, like one from May Law, LLP

Filed Under: Uncategorized

When to Hire a Lawyer after Traumatic Brain Injury

February 25, 2022 by admin

Brain Bleed Lawyer

Over 1.5 million people in the United States suffer from traumatic brain injuries a year, and usually have long-lasting injuries or disabilities from these brain injuries. Over 5.3 million people in the United States live with traumatic brain injuries, and that number is steadily going up every year.

Often times tthese injuries have hospitalizations attached to them, long-term disabilities, long-term care, and sometimes they result in death. If you’ve been the victim of a brain bleed injury, reach out to a brain bleed lawyer in New Jersey today such as the ones available at Davis and Brusca LLC.

The Injuries Are More Severe Than You Anticipated

Even the most mild traumatic injury such as a concussion can have life altering impact on the victims and that is why it is so important that it you are the recipient of any kind of neglect that leads to a mild concussion upwards, that you seek medical help to monitor your concussion and ensure it does not get worse. Any kind of brain injury or knock to the head can cause brain bleed which can get worse or they can get better, it simply depends on the bleed itself.

When doctors look at you after you have received an injury to your head, they are going to look for things such as did you lose consciousness, can you respond to sounds, is your memory recall okay in both short-term and long-term capability, can you process new information, is there bleeding and swelling?

And even if you do not have any life-threatening symptoms, you could still be limited on your ability to return to your preinjury state because damage that was caused by a traumatic brain injury or brain bleed can call something called micro trauma and micro traumas can cause symptoms that do not show up on diagnostic tests but still impact you long-term.

Micro Trauma Could Cause

  • Michael trauma can cause mood swings
  • Personality changes
  • Blurred vision
  • Headaches
  • Depression
  • Anxiety
  • Problems concentrating and remembering things
  • Fatigue
  • Sleeping problems
  • Balance issues
  • Light and sound sensitivity
  • Loss of smell
  • Slurred speech
  • Numbness of examinees
  • Inability to walk

Many of the symptoms do not show up on diagnostic test which means that insurance companies can deny claims or even underestimate the severity of the symptoms because these are not considered to be part of the medical testing for your injury and therefore the insurance claim may reject anything to do with that injury.

Reach out to brain bleed a lawyer today if you have any questions about your claims, your brain bleeds.

A brain bleed lawyer is going to be able to help you make decisions that are going to be in your best interest, they are going to make sure your rights are protected and make sure that you are not agreeing to something that would not be inadequate for the damages that you have undergone.

Filed Under: Uncategorized

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  • Brake Failure And Trucking Accidents
  • Worker’s Compensation Retaliation
  • Myths Regarding Personal Injuries
  • Implied Consent

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