No one can overstate the injured individual’s need to get representation of a skilled legal representative. The evidence to back your claim can be immediately preserved and your rights can be protected when you speak with a legal professional. Most likely, the party who was responsible for your injuries has a legal representative or insurance adjuster who will attempt to deny the defendant’s legal liability by working on the case immediately. This indicates that you absolutely need a legal professional on your side to work for you as well while you recover.
Evidence is preserved when things are kept in the exact same state as they were during the accident. If a vehicle accident brought on your injury, you may request that the vehicles involved be preserved and free from alteration or any modifications by sending letters to all the individuals involved in the accident. All of injury-related documents, which include medical records, photos and videos of the injury, negotiation discussions, and such other types of evidence need to be collected, preserved and forwarded to your legal representative.
If your attorney has not yet checked out and studied a document, don’t sign it. Without your attorney’s approval, you could end up with a small amount of compensation. Insurance carriers and potential defendants often try to settle cases even before the injured victims and their lawyers are able to discuss the proposed settlement arrangements.
The statute of limitations in filing a personal injury claim depends on the type of the accident and whether you are claiming against an individual or a government organization. Though the general time frame to file an accident-related injury is 2 years, your memory and your witnesses’ capability to remember what exactly transpired during the time of the accident might fade with time. Moreover, evidence might be destroyed or could possibly disappear. It is important to seek advice from a personal injury lawyer immediately to know if you have a personal injury claim so you can start pursuing your claim.
A lot of people are reluctant to file a personal injury claim whenever an accident or unfortunate event causes their injuries for the reason that they worry that they may create trouble with the other party, burden the legal court system, waste their time, or that they would ask more than what is necessary. What those individuals don’t understand is that making a personal injury claim is the most effective way to safeguard an injured person’s right to just and fair compensation. Personal injury claims come up when people are injured because of the negligence or wrongful act of other people or as a result of defective products. The compensation for such claims is often times paid out by the insurance provider of the defendants. On the other hand, insurance providers employ the legal services of several legal representatives who will fight for them by putting the blame of the accident on injured victims. Therefore, you need the legal help of an expert and seasoned personal injury lawyer to fight for you and to argue the defendant’s defenses.
The most typical causes of personal injuries are motor vehicle accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, medical malpractice, on-job accidents, slip and fall accidents and dog bites. The unique circumstances of each claim determine the damages that an injured party is allowed to recover. Injured parties may only file a claim against the potentially accountable parties within a specific time period. Making a claim against the potentially liable individuals will no longer be allowed when the specific time period limit has ran out and no claim was made.
The injured individuals can be awarded damages to compensate them for their injury-related losses. The two distinct types of compensatory damages are monetary or special damages and non-monetary or general damages. Injured people are awarded with monetary damages to make up for their injury-related monetary losses. They can consist of past and future medical expenses, rehabilitation expenses, lost wages, replacement or repair of property, cost of living with disability in the event the patient becomes disabled, and any other expenses related to the injuries. Among the losses which can make an injured victim awarded with non-monetary or general damages are emotional distress, loss of consortium, and pain and suffering. Even though it isn’t very hard to determine monetary losses, placing value on the victims’ non-monetary losses can be complicated.
Also called exemplary damages, punitive damages can be received by plaintiffs if the defendants inflicted the victim’s injuries with oppression, violence, malice, or any wicked acts. Generally, punitive damages are meant to punish the defendants for inflicting the injuries as well as to discourage other people from committing similar harmful acts. Punitive damages are rarely awarded to injured victims even if they’re eligible for compensatory damages.
To maximize your odds of obtaining compensation if you were injured, contact a personal injury attorney if you have legitimate grounds to file a claim against a potentially accountable individual or entity.
When anyone is physically, psychologically, or mentally injured due to deliberate or negligent acts by another person or entity, personal injury takes place. Injuries arising from accidents due to another party are the most common personal injuries.
Essentially, a personal injury case is a legal argument which takes place once an individual suffers injuries and another party is potentially responsible for the damages. Through civil court proceedings, the case can be dealt with in a formal manner. The injured person files a lawsuit to hold the negligent person legally accountable for the injuries through a court judgment. On the other hand, such a legal dispute may be resolved through an informal settlement between the victim and the accountable parties. One other way to handle this kind of a legal dispute is through an informal settlement between the two opposing parties. The victim and the liable parties, on the other hand, can have an informal settlement to resolve the legal dispute.
It’s important in a negligence lawsuit that the injured party or the plaintiff can establish that other individual’s negligence caused the the injuries. The problem is that negligence can often be difficult to establish. It is very important for the injured party to establish that the sued party owes the plaintiff a duty of care, did not exercise the duty of care, and that the negligence resulted in injuries to the plaintiff. Establishing negligence can be efficiently handled by a knowledgeable personal injury lawyer.
The formula for recovery that the injured person is qualified to obtain is medical costs plus lost wages plus general damage. It is usually straightforward to place value on lost wages and medical expenses. However, valuation gets to be tough when it comes to general damage since it involves non-economical damages like emotional distress, permanent disability, and lowered quality of life, and the like. The value of general damages can be adequately determined by a legal professional experienced in handling personal injury claims.
One area of law which is often complex is personal injury law. It is the law which governs the right of an injured individual to require the accountable party to pay for the damages due to the negligence.The right of an injured individual to compel the negligent person to make amends for the injuries is governed by this law. Proving negligence and placing monetary value on injuries make this law complicated though it was designed to safeguard an injured party.
Contrary to what some people believe, a personal injury case is a civil case and not a criminal case. Though a police report is critical in many instances, it just plays a little role in the process. The word and the evidence of the plaintiff against the defendant are the contributing factors in the triumph of this kind of case. In establishing negligence, the injured party needs to demonstrate that the accident which caused the injuries may have been avoided if a different person or entity was not careless or negligent.
Regarding compensation settlement, the offered amount of a large number of insurance companies to injured victims is much lower than the victims deserve. Once the economic and non-economic losses of the injured party is calculated, a legal professional with expertise in personal injury law negotiates with insurance companies to ensure just compensation for the injured party.
While the injured individual focuses on recuperation, a personal injury lawyer can deal with a personal injury claim proficiently. Whether through settlement or through court proceedings, an experienced legal professional makes sure that the injured party obtains fair compensation by fighting for the victim’s rights.
An injury to an individual, whether physical or psychological injury, is required to be existent to have a personal injury case. The primary purpose of a personal injury claim is to require the party who brought on the injuries to compensate the injured victim for the losses. It’s also vital to show proof that the other party is liable for the injuries.
Not every harmed victim, however, is qualified for compensation, and being entitled to compensation does not mean that injured person can in fact recover damages. Because of this, appropriate actions should be taken by the injured individual to increase the probability of obtaining compensation. More on this website
Trucking companies are often referred to as “common carriers” thus trucking company responsibility is often referred to as “carrier responsibility”. The trucking industry is heavily regulated on both the state and federal level. Many of the legal duties and requirements placed on trucking companies were created to improve public safety. Our truck accident attorneys understand carrier responsibility and how it applies in your case.
Trucking companies have many legal responsibilities, and are required to keep extensive and detailed records. Among their basic responsibilities are strict rules regarding:
Screening and hiring drivers
Maintaining, inspecting, and repairing trucks
Record keeping on all of the above and more
Screening and Hiring Drivers
Trucking companies have extensive duties in screening their drivers and specific regulations regarding who they may hire. They must obtain background information which includes:
Driver’s license suspensions and revocations
Accidents and violations in both commercial and non-commercial vehicles for the last three years
Drug and alcohol testing for up to two years
Commercial driving employment records for the last three to ten years
Are at least 21 years old
Have passed a physical exam with the last two years
Have passed a road test in a vehicle which is comparable to the one they will drive
Possess a valid commercial driver’s license (CDL)
Trucking companies are required to keep extensive and detailed records including records to prove compliance with trucking regulations. Your truck accident attorney must have a very thorough understanding of trucking regulations so that he knows which documents to request, and what the information really means.
Although thorough records must be kept, many are only kept for a short amount of time. If you do not get started right away vital evidence in your favor could be legally disposed of or destroyed.
If you or a loved one has been injured or killed by in a truck accident, please call our truck accident attorneys. The initial consultation with our truck accident attorneys is free, and if we agree to represent you, we will work for a contingent fee, which means we won’t get paid for our services unless you receive a settlement or an award. A truck accident lawsuit must be filed before the expiration of the statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.
Motorcycle accidents are often deadly or result in permanent disabilities. Mainly because of the lack of safety measures and foolproof protective equipment, motorcycle accidents are 35 times more deadly than any other kind of traffic accident, according to the National Highway Traffic Safety Administration (NHTSA). Many of today’s motorcycle accidents occur on highways and are the result of inattentive drivers and speeding motor vehicles including cars and trucks. Not wearing safety helmets contributes to the degree of severity of injuries received by motorcyclists. The NHTSA also estimates that safety helmets can reduce the chance of a fatality by 37%. While most motorcycle enthusiasts are well aware of the threat riding a motorcycle without a helmet poses, many still refuse to wear them and increase their risk of serious personal injuries.
If you or anyone you know has been seriously injured due to a motorcycle accident, please contact our Personal Injury Lawyers for a free consultation.
More than 5,000 people die from motorcycle accidents each year in the US. Motorcycle accidents occur in many different ways with many variables unique to each accident. However, similarities between motorcycle and automobile crashes are too blatant to ignore. Fast speeds, violent collisions, and, more often than not, inattentive or distracted motorists all play their role in typical motorcycle accidents. The majority of motorcycle accidents happen on highways with more than half of them involving other motor vehicles.
One of the main reasons motorcycle traffic accidents occur is aggressive driving. Failure to yield right of way or operating a motorcycle at unsafe speeds round up the top three reasons for the high rate of motorcycle accidents.
Common reasons for motorcycle accidents include:
Limited Visibility Accidents
Loss of Motorcycle Control
Motorcycle Accident Injuries
Traumatic brain injury (TBI) often occurs in motorcycle accidents where the driver of the motor bike was not wearing a helmet. Helmets can help reduce fatalities and serious brain injuries like concussions, head trauma, and TBIs by more than 37%. Motorcyclists are also frequently thrown off their vehicle after impact due to lack of safety harnesses on motorcycles. This may cause a myriad of injuries including road rash, broken bones, and spinal cord injuries.
The most common motorcycle accident injuries include:
Traumatic Brain Injury
Spinal Cord Damage
Soft Tissue Injuries
Motorcycle accidents can result in very serious consequences including permanent disabilities and substantial loss of income. Our experienced legal team can help provide you with all the legal options available to you from seeking justice to receiving compensation for your injuries. Please contact our Personal Injury Lawyers today.
If you have construction defect issue likes soil movement, construction deficiencies, or low quality products used, you may see some symptoms in the exterior walls and interior walls. For example, walls may have cracks from the floor to the ceilings. Exterior walls and interior walls may have water damage. This could be due to poor workmanship on the roof, windows or doors. You may also see water damage from issues with cracks in the exterior wall that have allowed moisture to enter. In this case, you may find dryrot or mildew growing. Either issue is extremely difficult to repair. In general, water issues can be very detrimental since they can even cause structural failures.
Shear walls refer to the vertical limps that help with structural support of exterior walls, floors and the foundation. Shear walls are an important part of a house’s structure since it has many functions, including keeping the shape of the structure and protecting it from elements such as wind or earthquakes that can literally tear a house apart. If you have a construction defect that impacts the foundation, you do not want the shear walls to be affected, but it can happen. Foundation issues such as expansive soils can create a great deal of pressure that can easily shift a wall or crack a slab. Any damage evident on shear walls is a sure sign of a very serious construction defect.
Below Grade Walls
Below grade walls will be most affected by water issues or foundation issues. Due to the nature of below grade walls, insulation is very important. If the integrity of the insulation is injected with water or moisture, this could result in a whole host of problems. Dry-rot, mildew and mold are all potential construction defects you may encounter with below grade walls.
If you have a soil or foundation issue causing cracks in exterior pavement or structures, you may also see cracks in retaining walls. When the ground shifts because of improper soil preparation or improper construction strategies, it causes cracks everywhere.
If you are seeing cracks in exterior walls, interior walls, shear walls, below grade walls, and/or retaining walls, you probably have some kinds of construction defect. You need to contact an attorney with experience in construction defect law. Contact an attorney today before your problems worsen.
A construction defect can be so severe that it causes cracks all over your house. The source of the construction defect will dictate what areas of the house will be most affected. Ceilings and fireplaces may show signs of a construction defect rooted from soil issues or water issues, but are not limited to just these two construction defects.
Expansive soil is a major cause of construction defect. Although we have the technology to determine if the land being built on contains expansive soil, builders and/or developers cut corners by disregarding this fact at times. It is necessary to choose a construction plan that will take the soil type into consideration. If a builder does not use these techniques and the soil gets wet, you will see some serious symptoms of a construction defect. A fireplace can become separated from the wall with the enormous pressure that wet expansive soil can produce. A fireplace can incur many cracks all over during this soil movement as well.
Ceilings are also damaged during a soil movement like when expansive soils swell when wet. When dry, expansive soil shrinks. This means that, depending on the weather, expansive soil can have a twisting effect. Ceilings can also be affected from the top down. For example, water damage from a leaky roof can be a big problem for ceilings. Mold and mildew can grow in ceilings if there is enough moisture present. Mold issues can be devastating. Ceilings that have moisture seeping in can be infected with dryrot which can eventually destroy the ceiling. This can be a very dangerous situation.
You need to evaluate what the construction defect is, its location, and how far it has progressed. Your first priority should be trying to repair any defect found. If you start to implement your repair plan, you need to keep all documentation you get from any contractors and keep your own detailed notes. Take pictures if you can. Although right now your focus is on getting your ceilings or your fireplace repaired, later you will want to decide who is ultimately responsible for the construction defects and who should incur the repair costs. Any documentation you have will be very helpful to an attorney that will help you with your case. You need to contact an attorney to help you make the right decisions moving forward.
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