Posted by admin at 8:59 AM. Placed in Uncategorized category
What to Do After a Car Accident
Thousands of Americans are involved in car accidents each year. If you are one of these unlucky people, will you know how to react in the aftermath of a motor vehicle crash? Before you get into your vehicle, you should educate yourself on what you can do to:
• Prevent further injuries • Reduce costs • Accelerate the clean-up and vehicle repair process
If you are involved in a car accident, you should:
Call for an ambulance if anyone is injured: First off, you should do is call for help if someone is hurt. If you have not sustained serious injuries, move your vehicle to the side of the road, safely away from other vehicles. Remember that leaving vehicles in the middle of an intersection or in the way of traffic can result in more accidents. If your vehicle cannot be moved, turn on your hazard signals and set out flares or some type of warning if possible, while you wait for help.
Exchange information: Be sure to exchange all pertinent information with all parties involved in the accident. This includes each person’s: • Name, address and phone number • Insurance company and policy number • Driver license number • License plate number (for the driver and the owner of each vehicle) • A description of the car (year, make, color and model)
If the driver’s name is different from the name of person insured, find out what the relationship is, and write down the appropriate contact information.
Photograph and document the accident: While it is fresh in your mind, write down the exact location of the accident and what happened. Never admit fault, even if it you were clearly at fault. This is something the lawyers and insurance adjustors will determine at a later date. If you have a camera, photograph the scene and any related: • Landscaping • Signage • Lighting • Debris • Weather conditions • Any other obstructions or factors that may have influenced the accident
Also photograph the damage to all vehicles involved. If there are any witnesses, try to obtain their contact information, as they may be able to defend you if the other party tries dispute your account of what happened.
File an accident report: Most police officers do not respond to accidents unless there are injuries. However, you should still file an accident report with your local police department. A police report also helps insurance companies expedite the claims process.
Read your insurance policy: Review your insurance policy and understand what it covers. It is a good idea to familiarize yourself with what your policy entails before getting in an accident. One reason is that is valuable to know whether towing or a rental car is covered.
Deciding Who Will Pay for Damages The last thing to do at the scene is determine who will pay for damages. In minor collisions, you and the other parties involved may decide to settle the damages without involving the insurance. However, this can backfire if the other party sees the repair bill, decides it is too high and then turns the accident over to the insurance. Now, time has passed since the collision, and it is harder to piece the accident together.
The other driver may also try to claim injuries that he or she did not indicate at the time of the accident. This can mean that your insurance company may be forced to pay a significant settlement. Even worse, you could face a lawsuit by the other party’s insurance company.
You should speak to a car accident attorney as soon as possible following your motor vehicle accident.
Posted by admin at 5:27 PM. Placed in Uncategorized category
Understanding South Carolina Workers’ Compensation
Everyday across America people are injured on the job. Sure, accidents happen, but what happens if you are injured on the job? Maybe you suffer from a small injury, such as a cut or bruise. Maybe it is something more severe, such as a broken arm or injured back. Or worse?
Obviously, one of the first things that you are concerned about is getting better, which involves medical care. Soon afterwards you’ll realize that it goes beyond that. An on-the-job injury can cause you to lose wages that you and your family depend on, making it difficult or impossible to pay the bills. You might not be able to work in the type of setting that you did ever again, based on the seriousness of your injury.
Workers’ compensation began in the early 1900s. The idea is that employers pay for occupational injuries regardless of whose fault it is. By assuming these costs up front, via insurance companies, employers don’t become engaged in law suits from employees working to prove the company’s so the injured employee can get compensated for medical treatment, disability, and lost time.
During the course of your job, if you are injured, within 90 days you must report the injury to your employer. It is recommended to report the injury in writing, in case you need to provide proof of the report later on. Your employer is required to refer you to a doctor and to let their insurance company know that you have been injured. After that, the insurance company notifies the SC Workers’ Compensation Commission (WCC).
In accordance with South Carolina law, the majority of businesses with four or more employees are required to have workers’ compensation insurance. It is through this insurance that you, as the injured employee, receive medical care and reimbursement for lost wages and any resulting disability. Unfortunately it is not always as simple as it seems.
Your employer the workers’ compensation insurance company, are motivated to keep their costs to a minimum. For example, they may make you see the doctor that the insurance company of your employer uses. You must submit forms to the insurance company to prove any out-of-pocket costs, including mileage to and from your doctor’s appointments. You must also keep track of and be able to prove the wages that you would have made if you had not suffered the injury. It is disappointing, but regardless of how good your relationship was with your employer prior to the accident, sometimes conflicts arise.
In order to defend your rights in a workers’ compensation situation, speak with a lawyer soon after the injury occurs. Usually, South Carolina workers’ compensation lawyers offer a free consultation and then work on a contingency fee basis so that you do not have to pay for any of the lawyer’s fees yourself if you do not win.
About the Author
Shelly Leeke is a personal injury and worker’s compensation attorney in Charleston, South Carolina. She offers free reports and books for accident victims and their families. Find out more about what to do if you are injured at work: => Leekelaw.com
South Carolina Brain Injury Lawyers – Louthian Law Firm PA
Posted by admin at 12:39 AM. Placed in Uncategorized category
Florida Slip and Fall Cases – Disney World – Expert Advice
The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:
Subject: Disney World – Florida Slip and Fall Case
Question: The first day of our Disneyworld vacation it was a little rainy out and while walking down the stairs at the resort, I slipped and fell down a flight. There are no step grips or signs stating caution or anything. I did notify the manager and received ice packs for my bruises. My leg was pretty bruised up and my back was a little sore. Needless to say it ruined half of our vacation time. Is there anything I should or could do?
Answer: In a Florida slip and fall you have the right to make a claim for injuries, medical bills, pain and suffering, and lost wages when you are injured as a result of another party’s negligence. Your injuries may heal on their own in the next few weeks, or they may not. So it is important to take a few steps now that will protect your rights in the future.
The best advice I can give you is to speak with an attorney that specializes in premises liability claims, i.e. slip and fall. Your email does not say where you live but you will most likely want to speak with a slip and fall lawyer in Florida. Because your accident occurred in Florida, it will be controlled by Florida law, and any lawsuit that may need to be filed will need to be filed in Florida. Laws vary from state to state, so it is best to speak with a slip and fall lawyer in Florida.
Depending on what resort your accident occurred at, there are slip and fall lawyers in the Orlando area that specialize in claims against Disney World. Between the different amusement parks, hotels and activities going on at DW, there are thousands of claims that occur there every year. Your email doesn’t indicate whether it was a Disney resort, or just a resort in the Disney area. You may be surprised to learn that you are not the first one to slip in this area at this resort. Either way, you have a claim, and you should look into it.
Your email also doesn’t indicate whether you are still at the resort. If you are, you should take several photos of the area where you fell, closeups and photos from a distance to give perspective on where the accident occurred, and why the area was wet. You also want to make sure the manager fills out an incident report, and you get a copy of the report, too.
Keep in mind, at least in a Florida slip and fall, just because a person falls on a property, it does not automatically mean the property owner or manager is responsible for injuries which result from the fall. You have to be able to prove that the property owner knew or should have known of the dangerous condition that caused the fall, i.e. that the area you fell at gets wet often, or becomes slippery when wet, or that they failed to maintain this area in a reasonably safe condition. Generally, a property owner only owes two duties to persons lawfully on the property – maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves. This means that if this is an area that regularly gets wet when it rains, the resort should have taken steps to make sure that it protects its guests against the slippery area, or at a minimum, warns guests about the slippery area.
There is probably Medical Payments Insurance coverage available to you. “Medpay” is coverage that will reimburse people that get injured on the property for out of pocket medical expenses. You need to get a copy of the property manager’s insurance policy to see whether they have medpay, and if so, what are the medpay policy limits. You can obtain this by contacting the resort, or if you retain a Florida slip and fall lawyer, they will know how to get the information.
Claims in the case of a Florida slip and fall are evaluated based upon the degree of liability that exists against the resort, the specific nature of the injuries, the amount and type of medical care and bills that you have had, and that you may continue to require in the future, and the amount of pain and suffering you have experienced in the past, and future. Lost wages and loss of future earning capacity can also be recovered in Florida. Additionally, the effect the injuries had on your vacation, and on your family, can be factored into a settlement demand or jury verdict.
You should contact a Florida premises liability attorney soon. There are many steps your attorney should take now, i.e. notify the resort and the insurance company for the resort, find out what types of insurance coverage is available, make sure photos have been taken of the area. There are also statutes of limitations which may apply and preclude you from bringing a claim if you wait too long. You also want to make sure that you seek medical care to document your injuries now, and how they occurred, rather than wait to see if the injuries go away. Delays in seeking medical care can hurt your chances of a recovery when you try to settle the claim
Most attorneys specializing in premises liability claims handle the claims on a contingent basis,i.e. the attorneys fee is a percentage of any money they recover for you, and offer a free, no-obligation consultation to discuss whether you have a viable case. So you really have nothing to lose by at least speaking to a Florida slip and fall lawyer to find out whether you can pursue a claim.
For more information about your rights in a case of a Florida slip and fall injury, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at mauslawfirm.com or email him today.
About the Author
South Florida Attorney Joseph M. Maus and Associates has been helping victims of injuries and accidents for close to 15 years. The firm prides itself on having the resources and experience of the largest state-wide law firms, yet providing individualized attention to each and every client.
Posted by admin at 5:09 PM. Placed in Uncategorized category
Technology to prevent truck accidents
Safety devices in automobiles gain in their ability to save lives each year. Since the 1960s there have been significant additions to the automobile in response to injuries and fatalities that resulted from vehicle collisions. For instance, safety glass and anti-lock brakes now come standard in all vehicles. However, it was the invention of the seat belt – and in particular the shoulder harness – that may single handedly be the most valuable safety invention for drivers and passengers alike. Moreover, with seat belt use at 98% across the country they will continue to save thousands of lives each year.
There are some exciting new safety measures currently in the design phase. One of the most interesting of these is anti-collision technology. Also known as radar safety systems for automobiles, they will have the potential to make sophisticated reversing and anti-collision safety moves. Don’t misunderstand. It will not prevent full blown crashes –at least not for a while. But they offer up to a 16 foot rear and 25 foot forward range of motion detection. It requires the use of low frequency components with a field of view that is completely programmable. This allows the system to intelligently adapt as the vehicle’s steering wheel changes direction. Actually the design principles of collision avoidance have been in place for years – but until recently the production of these systems has been cost prohibitive. Modeled after defense technology it uses a frequency band that is commonly used in wireless consumer products. A company in the United Kingdom has developed a system that requires only four radar modules and one electronic control to provide 360 degree protection. This technology is still several years away from becoming a regular feature in automobiles – but the day is near when anti collision radar systems will come standard in automobiles.
An auto stunt driver in a recent hit movie bragged that he had made his car ‘death proof’ by adding such things as a cage and a five point seat belt. In fact, auto engineering has lately accepted the challenge of creating cars and trucks that could be death proof. One foreign auto manufacturer is promising to have an injury proof car on the market by 2020. Let us consider some of the research behind this idea.
Studies have shown that when people are scared they freeze up – and few things are more frightening than an auto accident. Research has shown that it takes the average driver 1.1 seconds to realize they are headed for an accident and react by applying pressure to the brake. This is a significant amount of time considering that if even 10 M.P.H. the number of auto fatalities could be cut in half slowed a car – it is easier to understand the value of a second. Furthermore, research has also shown that in over fifty percent of rear end collisions the brakes were never even applied. So auto safety engineers are now operating under the premise that if the car is able to make a calculated decision about an impending accident then there will be fewer accidents. In other words, in some of our current automobiles – and those of the future – digital technology will take some of the decision making away from the driver altogether.
Another safety measure is a precollision prevention system. Through the use of lasers, infrared sensors and cameras the automobile itself is able to detect obstacles ahead on the road. Should an obstacle appear then a warning light and an alarm alerts the driver of the impending collision and at the same time the car itself begins to prepare for the accident by automatically tightening passengers’ seatbelts, engaging the airbags and actually (in some instances) applying pressure to the brakes themselves.
Yet another safety feature aids drivers keep track of vehicles around him or her that are actually in their blind spots. This will be done in addition to other safety checks that will rely on information received from satellites talking to on board computer systems constantly monitoring road conditions ahead on the road including obstacles, accidents and dangerous turns. The car will then be able to make a decision about the best course of action for a driver to take. This might be anything from applying the brakes to swerving the car to avoid a head on collision. It may even make choices based on perceived assessment of risk – opting between the lesser of two difficult situations.
In all reality, it is unlikely that vehicle fatalities will ever totally disappear but a dramatic reduction in deaths and injuries is more than just a distant possibility – it’s near to being a reality. In the meantime driver error is the main cause of accidents so let us take a moment to quickly review some driver safety tips.
First, keep your eyes and attention on the road in front of you. Driver distraction is one of the leading causes of accidents in this country. When a driver is eating, talking on the phone, fixing make-up or shaving, changing radio stations or otherwise behaving distractedly they risk causing an accident. Recently, texting while driving has become such a widespread cause of collisions that many municipalities are passing legislation to prevent it.
A second leading cause of accidents is driving under the influence of alcohol, prescription medicine or illegal drugs. Half of all accidents are alcohol related in the Houston area. If you are going to engage in a night of partying and drinking then choose a designated driver who will agree to hold the keys and remain sober for the evening – acting in the role of chauffeur.
Speeding or otherwise breaking the rules of the road is a third cause of accidents. Remember to leave safe distance between your car and those around you and signal so the other drivers are aware of your intentions. Finally, always be sure that you and your passengers are safely belted into their seats.
About the Author
James Blatt is a renowned author on the latest technologies of automobiles. Besides being an automobile expert, he has written many articles on Houston Truck Accident Lawyer.
Posted by admin at 12:11 PM. Placed in Uncategorized category
Auto Accident Lawyers New York
Auto Accident Lawyers New York What do you need to look for in an attorney when looking for someone to take up your case after being involved in an auto accident? Auto accidents are varied, i.e. big accidents, car accident and motorcycle accident. Each varies from the other in terms of details and compensations. For example, 18 wheeler accidents have at least three parties that are answerable, i.e. the loading company, truck driver and tracking company. As such you will need to have an auto accident lawyers New York who is well averse in auto accidents. Due to the challenges faced by many persons when in the market for attorneys, the article seeks to offer a helping hand in choosing the right one. Reference: The first thing that you need to do is obtain reference for lawyers from reliable sources. None so far has been known to exceed the local bar association office. For an auto accident lawyers New York to be a member of the association, he/ she must have met certain conditions. Attorneys that are members are known to be of high reputation and have been accredited. Furthermore, the bar association office will direct you to an attorney who has experience in the field you are looking for. Having got a list of attorneys, the next step is carrying out an interview which will lead to the selection of the right candidate. During the interview be sure to bring all the necessary documentation, i.e. medical and police reports. Upon accessing them, the auto accident lawyers New York will advice you on how to proceed with the case. The fear of being able to afford an attorney should not be there. This is because a good number of law firms in New York handling injury cases resulting in an accident often use what is known as contingency fee. This is where a certain amount is deducted from the final settlement paid.
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About the Author
New York City Car Accident Lawyers Manhattan Attorneys
Posted by admin at 4:52 AM. Placed in Uncategorized category
Choosing the Right Cleveland Personal Injury Lawyer
Choosing a lawyer can be a confusing process, especially when you are also facing the personal challenges that come with an accident or injury claim. When you are harmed in an auto accident, by a faulty product, or at the workplace, you need to find a team of experienced, compassionate Cleveland lawyers to represent your interests. But where do you start? How do you know if a firm is reputable? What questions should you ask? Following these simple tips can help you as you start the looking for a Cleveland personal injury lawyer.
Things to Consider
Ask for recommendations. Friends and coworkers are valuable resources when you are starting your search for a Cleveland lawyer. Ask people you know about their experiences with local firms. Recommendations and warnings can help you develop a list of prospective lawyers.
Contact the Cleveland Metropolitan Bar Association. The American Bar Association (ABA) offers referral services that will guide you to an attorney in your area. The ABA can also help you determine whether or not your claim warrants legal action. Contact the Cleveland Metropolitan Bar Association (CMBA) at 877-CLEV-BAR for referrals to Cleveland lawyers with the right expertise.
See if the lawyer specializes in your particular type of case. There are many types of lawyers, and many types of “personal injury” cases. Accident and injury claims can, for example, involve damages related to automobile accidents, motorcycle wrecks, or defective products. Make sure the lawyer you choose has experience representing clients with similar claims.
Review the firm’s results. Although some verdicts involve confidentiality, ask your potential firm for details about some of their recent personal injury settlements.
Learn about the costs. Although most personal injury lawyers get paid if/when their clients are awarded a settlement, be sure you inquire about any additional fees and court costs. Ask if there are any up-front charges or consultation fees to evaluate your claim.
Other Questions to Ask
Is your potential lawyer a member of any state or professional associations?
Does your lawyer have any conflicts of interest?
Does your firm have the financial resources to represent clients against large corporate entities?
Remember: doing research and being prepared with questions is the best way to find a Cleveland lawyer who will meet the needs of you and your family.
Take the time research potential firms before choosing a Cleveland personal injury lawyer. With the help of friends, online resources, and referral services, you’ll be able to find the right Cleveland lawyer for your situation.
If you have been involved in an accident due to driving while intoxicated in Harris County, Texas, then you can be charged with intoxicated assault. A fatality resulting from driving while intoxicated is called intoxication manslaughter, a crime of utmost serious. And of course, if you are driving while intoxicated, you can be charged with a Class B misdemeanor of DWI, which can have severe consequences, from making it hard to keep or find work to jail time. Here are some tips to find out Houston DUI lawyers who know the complex law surrounding DWI cases:
-Pick a DWI attorney who you are happy with. Never select an attorney because of the claims made that he makes in advertisements or to you personally. Select the Houston DUI lawyers who you think has the experience and bedside manner to handle your case in a best way. Try to search an attorney who has actually handled and tried DWI many cases, not just someone who is a “meet ‘em and plead ‘em” lawyer.
-Never delay in contacting a DWI lawyer. Don’t ever delay in contacting DWI attorneys. You need to contact a DWI attorney Houston as soon as possible because he needs time to work on your case and fight for you. Also, you need to talk to the witness as soon as the memory of the accidents is fresh in their minds.
-Speak to a DWI attorney first. The prosecutor will push to resolve the case in a favorable manner to them-some form of probation, usually, which is a final conviction. You should never speak to the prosecutor. Instead, speak to a DUI lawyer first to ensure your rights are protected.
-A DWI attorney protects your rights. The Houston attorney’s job is to protect Your rights and maximize the chance of a favorable outcome in DWI cases. Harris County DWI attorneys deal with these DUI cases everyday. These attorneys know the ins and outs of DWI law.
Houston DUI lawyers have the knowledge and experience to represent someone charged with DWI. So hire an attorney who has experience and expertise in intoxication offenses. There are some lawyers who are actually not DWI lawyers but pretend to know DWI law. Be sure and ask these lawyers how many DWI cases they have handled, whether they have conducted license revocation hearings, and what their success rate it. Hire a Houston DWI lawyer to ensure your rights are protected. Choose a lawyer who can speak always on your behalf and fight for the best possible result.
Posted by admin at 6:17 AM. Placed in Uncategorized category
I was in a car accident over two years ago. Can someone w/ experience help me figure this out?
I was at work driving for a medical transportation company when I was hit broadside by an uninsured driver that ran a stop sign. My attorney said that since the amount later awarded to me by the court couldn’t be claimed through the other driver’s insurance, that the company I worked for insurance would cover it w/ their uninsured/underinsured part of their insurance policy. He then explained to me that we would have to go to arbitration to settle on an amount. Does anyone have an idea what %age of the original amount the judge awarded I would get? Also, I’m to go to a deposition later this month by the company’s insurance lawyers. About how much longer am I going to have to wait for them to finish this case? I was living in NJ at the time if that has any bearing in answering this.
I’m surprised your workers compensation didn’t apply, since you were on the job–unless your employer didn’t carry W/C coverage. In that case, if the driver was uninsured, your employer’s uninsured motorist coverage applies. A judgement against the driver doesn’t automatically mean you’ll get the amount of that judgement from your employer’s uninsured motorist policy. Most such policies have an arbitration clause in the contract language, which means you can’t sue the insurance company if you can’t agree on a settlement and meaning that, if you can’t agree , it must go through arbitration. In that case you and your attorney and the insurance company’s attorney split the cost of the arbitrator (usually a judge or professional arbitrator) who listens to/reads the arguments for both sides before he/she issues a decision. Also, the settlement is limited by the limit of coverage on the uninsured motorist coverage–often $100,000, although it could be more or less. So, bottom line is that the judgement against the at-fault driver has no bearing on your settlement with the insurance company . Once the insurer pays the final settlement to you and your attorney, they will go after the at-fault driver to recover their payment, which is limited to whatever the judgement against him was. The likelihood is that they’ll never see a dime of it. If the driver was uninsured, it’s doubtful he or she has any assets to pay a judgement or subrogation claim. New Jersey has some really wierd insurance codes, including tax-payer-paid insurance (JUA), which could complicate the whole thing even more. By the way, since you’ve been recently called to give a deposition, it means you’re still in the “discovery” process and a long way from getting down to a decision by the arbitrator.
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