Archive for Personal injury

The Statute of Limitations on Personal Injury Cases

If you have suffered a serious injury either in a motor vehicle accident or at work, it is important to reach out to a doctor as quickly as possible. Then, do not forget to get a case consultation from a personal injury attorney. The statute of limitations might be ticking on your case, and you need to have your case reviewed and filed before the statute of limitations expires.

The statute of limitations is the time limit you have to file your case. Sometimes, the statute of limitations starts ticking from the original incident. In other cases, the statute of limitations starts from the time of discovery. The statute of limitations of personal injury cases can vary from state to state. It usually ranges between two and six years, but you need to hire a personal injury attorney who can help you navigate the legal waters and get your case filed on time.

If you do not file your case before the statute of limitations is up, then you should expect it to be dismissed. No matter how strong your case might be, and no matter how overwhelming the evidence, you probably will not have your case heard if you file it after the statute of limitations has expired.

On the other hand, there are a few exceptions. For example, if the case involves a minor, then the statute of limitations might start ticking from the time the minor child turns 18. This could open the door to another case. Or, the statute of limitations could involve discovery. For example, if you suffered a serious injury or illness due to asbestos exposure, but the asbestos was not discovered until years down the road, then the statute of limitations might start from when the asbestos was found, not from when you first fell ill.

Because there are a lot of nuances involving personal injury law, it is important to work with a lawyer who can help you put your case in the best position possible to be successful. While it can be frustrating to suffer a serious injury or illness, remember that you do not have to go through this alone. A personal injury attorney can fight for your rights.

How to Build a Strong Personal Injury Case

How to Build a Strong Personal Injury Case

You might be victimized in a car accident, while shopping in a grocery store, or in some other way that caused you to suffer a personal injury. If so, some basic steps can help you to build a strong case against liable parties. It starts with avoiding posting to social media, unless you are simply proclaiming your injuries and how badly you feel.

Four Elements of a Solid Personal Injury Claim

You have to prove four elements to file a successful personal injury claim with an insurer or in court. You have to prove that a dangerous condition existed or that the offending party acted negligently. You have to prove the offending party should have known about a dangerous condition or known that it was acting negligently while driving or doing something else that caused an accident.

You also have to prove that the dangerous condition or negligent act caused you harm. And you have to show the harm caused by damage, such as personal injury, property damage, or both.

Obtain Medical Treatment

Medical treatment is a must for any personal injury case. It is the best way to get a professional medical diagnosis that affirms harm occurred. It also shows the extent of the harm caused and affixes a cost for treating the personal injury. The sooner you get medical treatment, the more valid your personal injury claims become.

Gather All Available Evidence

You need to take photos of dangerous conditions or accident scenes following a mishap that caused your personal injury. If any witnesses are available, you should try to obtain their contact information and ensure their testimony would support your claim. Photos, witness statements, and other evidence could confirm another party caused the accident.

Retain an Attorney

You need to retain an experienced personal injury attorney. Your attorney can help you to present a strong case. The attorney also stops insurers, other attorneys, and bill collectors from contacting you while the case is active. All communication must go through your attorney until the case has concluded in your favor.

Avoiding Mistakes in Personal Injury Lawsuits

According to the CDC, there are over 39 million people injured in the United States every single year. With such high numbers, chances are you might one day fall victim to a personal injury. There are several steps you can take to ensure you get the best settlement after a personal injury, and avoid making common mistakes that can cause you to forfeit a larger settlement.

Keep Track Of All Injuries

When you argue your case in front of a judge or jury, they will want to see why a settlement is justified for your pain and suffering. Many people make the mistake of not taking the time and working after their injury. They might also continue to complete day to day activities in an effort to hide their injuries and move past them.

Unfortunately, not taking the time to document your injuries and heal from them can give the impression that your injuries were not serious. On the contrary, even simple injuries such as slips and falls can lead to negative consequences. It’s best to not hide or mask your injuries, and instead, document them through doctor’s visits, journals, and at work.

Know Your Rights

It’s important to understand your rights after an injury. If the injury is the fault of someone else, including your work place, you are entitled to a proper settlement to pay for your pain and suffering and future medical expenses. Many insurance companies will pretend they are on your side, however, they are always fighting to keep their pockets full. Insurance companies offer low settlements in an effort to make you settle out of court and not continue to fight for your rights. Never settle for a first offer, and always seek to take cases to trial if the insurance company continues to be unfair.

Get Professional Help

In addition to properly documenting your injuries and taking the time to heal, it’s also best to get professional help. A dedicated personal injury lawyer can walk you through the entire settlement process. From filing your claim in court in a timely manner, to not accepting the first settlement, and helping gather evidence for your claim, a lawyer will argue on your behalf.

Reasons You May Need a Personal Injury Lawyer

When you head out on a trip to the grocery store, to your job, or anywhere else for that matter, there is always a chance you can be involved in some type of accident and injured as a result of it. It is a great idea to always have in mind the name and number of a trusted and experienced personal injury attorney you can call right away if you find yourself in any type of situation in which you have been injured due to the fault of others.

What Do Personal Injury Lawyers Do?

Personal injury lawyers can help you if you’re involved in any type of motor vehicle accident, including car, motorcycle, and even pedestrian incidents. They can also assist you if you have been involved in some type of boat or watercraft accident as well as burn injuries or injuries you sustained due to construction while you are out and about. They could also help you if your child is injured, if you receive a dog bite, or if you are loved one has been the victim of nursing home abuse or medical malpractice. They can also help if you are injured in some sort of swimming accident or suffer a sports injury, or even a slip and fall incident. Personal injury attorneys also handle product liability claims and wrongful death lawsuits. Basically, you can suffer a personal injury incident at any time and in any place, even places you may not have thought of before.

How Can a Personal Injury Attorney Assist You?

You will meet with your personal injury attorney for a consultation to determine if you have a strong case. He or she will then assist you throughout the entire process of filing, and hopefully, winning your personal injury claim. Keep in mind that if you are involved in an accident, there are several things your personal attorney will ask you to do so if possible, you should contact your lawyer from the scene or immediately after seeking medical treatment. An experienced personal injury lawyer will have the knowledge and experience to represent you properly when it comes to dealing with insurance companies and other parties. They will also represent you in a court case if needed and will help you navigate through that complex system to garner the result and relief you are seeking. Contact a personal injury lawyer today if needed and get your case started!

The Process of Filing a Personal Injury Insurance Claim

Even though you always put safety at the top of your priority list, other drivers might not do the same thing. Even seemingly minor accidents can lead to significant injuries. If you have been involved in an accident that is not your fault, you should not be responsible for all of your medical expenses. That is why you may decide to file a personal injury lawsuit against the insurance provider of the other driver.

A personal injury insurance claim can be brought by someone who has suffered injuries in a motor vehicle accident. In the lawsuit, you will seek financial compensation for any losses or injuries you might have sustained. This compensation can replace lost income, cover medical expenses, and replace property you may have lost.

If you are not at fault for the accident, you can claim that the other person was responsible and ask the insurance company to honor the insurance policy and compensate you accordingly. The insurance company will have an adjuster who investigates the facts of the accident, and you should work with a personal injury lawyer who can guide you through the process.

A personal injury lawyer can help you collect the necessary documents to put your personal injury claim in the best position possible to succeed. The lawyer can then present the evidence to the court, helping you seek as much financial compensation as possible. This could drive the insurance company to the table, helping you get a more favorable settlement.

Even though a lot of personal injury claims result in a financial settlement, a personal injury lawyer can take a look at your injuries, compare them to the insurance policy, and make sure you are compensated appropriately. This requires training and experience, so you should rely on a personal injury lawyer to assist you.

Every accident is different, and a personal injury insurance claim can be complicated. You should rely on a personal injury attorney who can help you every step of the way. That way, you receive as much financial compensation as possible. You should not speak to an insurance company without a lawyer who can advocate on your behalf. Even if you think the facts of the case are on your side, you should retain a personal injury lawyer who can assist you.

Why You Should Always Work With a Personal Injury Lawyer When Filing a Personal Injury Claim

If you have been involved in a serious accident that is the fault of someone else, you may think that you should not be responsible for your medical bills. That is where filing a personal injury claim can be helpful. Even though you are legally allowed to file a personal injury claim without a lawyer, you should refrain from doing so. Even if you think the facts and the law are on your side, you need to work with an experienced legal professional who can put you in the best position possible to be successful.

First, if you are filing a personal injury claim, you have suffered serious injuries. You deserve to focus all of your attention on your medical recovery. If you file a personal injury claim on your own, you’ll be stuck spending all of your time doing paperwork instead of focusing on your recovery. You’ll need to get the accident report from the police, get your medical records from your doctor, and try to arrange for witness testimony. You should let the lawyer do this for you so you can focus on your medical recovery.

Furthermore, every personal injury claim is different. Your case is unique, and you require someone with the right experience and knowledge to handle your case for you. How much is your injury worth? What is a fair settlement offer? You need a lawyer with the right experience to advocate on your behalf.

In addition, the insurance companies will have experienced lawyers as well. If you file a personal injury claim against a specific individual, they will probably have lawyers as well. Opposing lawyers can be intimidating, and they can make life difficult. You need to have a lawyer in your corner who can fight for your rights as well.

If you have been involved in a serious accident, you deserve to have the representation of a personal injury lawyer who will fight for your best interests. Even though it is true that a personal injury lawyer may take a portion of your settlement, you will likely still end up with more money if you work with an experienced personal injury attorney. Furthermore, you can save time and stress by focusing on your medical recovery instead of worrying about paperwork.

How to Calculate a Personal Injury Settlement Amount

If you’ve been injured in an accident, the recovery period can be trying. In addition to physical and emotional pain, you may also find yourself trying to navigate the process of filing a personal injury settlement claim. A personal injury lawyer can help you negotiate the personal injury settlement landscape, calculate a reasonable claim amount, and manage your expectations.

How to Put Together a Claim

There are a few different factors to consider when determining how much money to ask for in your settlement. First, calculate the total cost of your medical bills to date, and when appropriate, estimate the cost of any ongoing or future care. In many cases, the amount of damages you can claim will be directly correlated with the severity of your injuries.

If your injuries caused you to miss work, consider the wages lost during this time period. Additionally, if damage sustained from your accident will prevent you from working in the future, include the amount of future income you expect to lose. Finally, if any personal property was damaged in your accident, such as a car in the case of an automobile accident, factor in the cost of repairs or replacements.

Once you’ve come to a number that makes sense for your settlement, it’s important to collect any documentation that supports your financial claim. This can include medical billing statements, pay stubs, auto repair bills, and other relevant documents. Your lawyer can help you identify and collect the necessary paperwork.

Things to Consider

Different states have different laws pertaining to personal injury settlements. Some states are modified comparative negligence states. This means that in these states, if you are determined to be at greater than 50% at fault, you may be unable to claim damages. Other states are contributory negligence states. This means that if even if you are at a lower percentage of fault, sometimes as low as 1%, you may be ineligible to collect damages. Consult with your lawyer to find out if you live in one of these states.

While calculating a personal injury settlement amount can seem daunting, a personal injury lawyer can help you create a claim and give you your best chance of receiving damages.

 

Lawsuit Filed Over Injuries Related to Apple Watch Battery Defects

Apple is synonymous with technology, and a lot of people have purchased the Apple Watch. There are multiple generations that have been released, but all of them could have a serious defect with the battery. Recently, a problem was discovered with the battery that could cause it to swell. If the battery swells inside the device, it can lead to operational failures and serious injuries. For example, broken screens could cause injuries to the forearm, and a recent class-action lawsuit has been filed against the technology giant.

According to claims made by the plaintiff in the lawsuit, Apple has made serious mistakes during its manufacturing processes. The lawsuit alleges that Apple’s manufacturing processes cause the battery to come into direct contact with the screen. Therefore, in situations where the battery might as well, the display screen could pop out. If it cracks, it could lead to serious injuries.

For example, when the display pops out of the battery, there are razor-sharp edges that could lead to significant harm. The watch face could crack or shatter, leading to injuries that are not the fault of the individual using the watch.

There was one specific example cited in the lawsuit. An individual saw the screen detach from the battery more than three years after he originally purchased the device. When the screen popped out, it mangled a vein on the bottom of his forearm. This could lead to serious bleeding, which might lead to major medical complications. The lawsuit also included an image of the severe laceration along with vivid descriptions of what happened.

Unfortunately, it is possible that every generation of Apple watches could be impacted by this battery defect. The lawsuit also alleges that the manufacturing issue causes an unreasonable risk of injury and harm to consumers. The lawsuit also claims that a lot of people have already suffered injuries.

Furthermore, this is not the first time that Apple has had to deal with a lawsuit related to its batteries. In 2019, Apple faced a lawsuit claiming that the tech company had engaged in fraudulent business practices. Even though the lawsuit was ultimately dismissed, it will be interesting to see where the lawsuit related to the batteries heads this time.

The Most Common Injuries at Construction Sites

Construction jobs are fulfilling, but they can also be dangerous. Sadly, there are hundreds of thousands of serious injuries that construction workers sustain every year. A lot of construction workers who are hurt on the job are eligible for workers’ compensation. This compensation can cover lost wages, medical expenses, and other costs stemming directly from the injury. It is critical to work with a personal injury lawyer who has experience in construction law. A personal injury claim could be filed on behalf of the individual to seek additional compensation.

There are several examples of injuries that take place on construction sites. For example, falls from great heights can lead to serious injuries. Someone could fall from heavy machinery, scaffolding, or a roof. Proper safety equipment is important for reducing the risk of falls.

Some people slip and fall in a construction zone as well. There are lots of trip hazards at construction sites, including heavy machinery. If someone trips over a heavy object, they could fall, potentially breaking a bone.

Transportation accidents can also take place during construction projects. A lot of people drive trailers, tractors, and trucks from place to place. If an accident takes place, someone could suffer serious injuries. They might even require emergency surgery to repair the issue.

Electrical injuries are also serious concerns in construction sites. Many workers use powerful machinery, electrical wiring, and generators. All of these increase the risk of electrocution injuries, leading to serious burns.

Finally, many people overlook the risk of trench collapses at construction sites. Trenches are important in constructing new buildings. On the other hand, if the trench collapses, it can lead to serious injuries. This could include chest injuries, traumatic brain injuries, and spinal cord injuries. Every trench has to have the right safety equipment to minimize the risk of a trench collapse.

Every construction worker has to take the appropriate safety precautions to minimize the chances of suffering an injury. Unfortunately, some construction injuries still take place. It is important for workers to explore their eligibility for workers’ compensation. This could help them cover the costs related to the injury. Then, any construction worker who has been injured should reach out to a personal injury attorney to make sure their rights are protected.

4 Situations That May Need The Assistance Of A Personal Injury Lawyer

A personal injury lawyer can be of assistance during many trying situations, ranging from the difficulties that surround an accident on the road to issues surrounding medical malpractice. In certain circumstances, someone might have a legitimate claim for recourse or compensation against another party. It’s important to understand which avenues must be explored in these types of circumstances.

4 Situations That May Need The Assistance Of A Personal Injury Lawyer

Motor Vehicle Accidents

Whether this entails being hit by a car or another type of vehicle, such as a tractor or trailer, it could be possible to seek compensation for damages. If the accident was caused by negligence on another party’s part, a personal injury lawyer can fight for your rights to ensure you’re compensated for your losses.

Medical Malpractice

Some people have had to deal with medical malpractice. It occurs when a person has been exposed to more risks during treatment because of any act, neglect, or lack of skill by a doctor or another medical professional. A qualified personal injury attorney can help seek compensation for medical bill payments or other costs associated with the incident.

Product Liability

A personal injury lawyer can also help when it is believed that one has been subjected to product-related injury. This can encompass anything from a defective drug to a poorly designed product, whether it is faulty equipment or an item that is deemed dangerous. This could include anything from machinery to household appliances.

Workers Compensation

When working, you need to be aware of what is happening around you and ensure that your safety during your shift will be taken care of. If a person works in a place that involves heavy machinery or equipment, they should be protected at all times to avoid accidents. When an accident happens that causes injury to a worker, they may need to file an injury case with their employer to get fully compensated.

If you find yourself in any of these situations, it is wise to seek the help of a personal injury lawyer who will listen to your story with compassion and understanding before giving you legal advice. They are there for one reason only- to help you get the justice and compensation that you deserve for any losses.