June 28, 2021
Slip and Fall
Slip and Fall Lawyer
At the point when you go into a store to do your standard end of the week shopping for food, the last thing you hope to leave the store with is a slip and fall injury. All things considered, you shop at this store for your family since it is kept overall quite spotless, so you ordinarily anticipate that the floors should be cleared and newly cleaned on your next visit. There are even some cases where you go to stores you do not frequent. Yet, what you don’t expect is there to be no sign showing a wet floor, or uneven flooring, just an unsafe environment entirely. In the event that you or somebody you know has experienced a slip and fall injury because of a wet floor in a store or any area on the store’s property or suffered a slip and fall injury for any reason there may be compensation that can be granted to you.
It is a property owner, or supervisor’s obligation to put notice signs on floors that are more slippery than they would be consistently because of wiping, painting, or whatever can prompt an injury. At the point when this doesn’t occur, and somebody is harmed as a result of it, it turns into the obligation of said property owner or supervisor. This isn’t something that happens just on tiled or hardwood floors like many individuals might presume, albeit extremely normal. Mats may not be as expected put on the ground correctly, rugs might be torn or lifted awkwardly, floors might be lopsided, and there may likewise be breakage in the floor that causes an excursion. On the off chance that parties that might interact with this ineffectively oversaw, or newly kept up with ground surface has not been informed of these inconveniences, this can cause a slip and fall mishap.
In the event that you have been a survivor of a slip and fall mishap, very much like in car collisions, it is ideal to assemble data of any witness, photographs of the scene in which the episode happened, look for medical consideration at the earliest opportunity, and contact a lawyer.
By talking with a gifted personal injury lawyer, you permit yourself the chance to zero in on recuperating from your losses. With the right lawyer, responsibility will be demonstrated, and with current realities of your case introduced, you will get remuneration for the valid injuries. In some cases, lost wages, and pain and suffering are additionally accounted over. Slips and falls can happen anyplace, so it is insightful to focus on your environmental elements. Nonetheless, regardless of the state of the premises, a few things are inescapable. Talk with a slip and fall lawyer so you are not neglected by anything other than what you must be for another person’s carelessness.
June 14, 2021
What is Discovery in Civil Litigation?
Trial lawyers often use distinct language to describe their legal activities. One such term, “discovery,” deserves some explanation since it is involved in every civil dispute. A lawsuit begins with the filing of a complaint. Once the complaint is answered by the defendant, the parties engage in discovery. Discovery is the process by which the parties exchange information and conduct their investigation into the facts of a case. Often, discovery requires the parties to commit to a position in the litigation that will remain their position at trial. Discovery also allows the lawyers to determine the strengths and weaknesses of their case. Frequently, after lawyers learn their strengths and weaknesses throughout a case, the parties are able to resolve their differences through settlement.
The process of discovery is governed by the rules of civil procedure. Each state has its own set of rules of procedure. In addition, there are Federal Rules of Civil Procedure. Generally, all of the states’ rules are similar and follow the pattern of the Federal Rules of Civil Procedure. These rules have been tested over time. In addition, every law school requires students to study civil procedure.
Generally, the purpose behind discovery is so that litigants will share information with one another in an effort to determine the merits of a given dispute. The litigants hoped to avoid “trial by ambush,” or surprises at trial that the lawyers are not prepared to address. In some states, the parties are required to voluntarily disclose important information to their opponent. In other states, pattern discovery is used to direct the litigants to acceptable and uniform exchanges of information.
There are a number of techniques that can be used in discovery. First, written interrogatories are questions that are used to identify witnesses, documents and other tangible evidence. Requests for production of documents are used to obtain copies of documents and other materials from an opposing party that might be used as exhibits at trial. Discovery rules also permit a site inspection so that a litigant can enter a property for purposes of inspecting and photographing the site of an accident or injury. The civil rules also provide for requests for admissions which allow a lawyer to force an opponent to admit or deny a specific fact relevant to the litigation.
In addition to these various modes of discovery, the most important discovery technique is the deposition. A deposition is a formal interview under oath. Lawyers have the opportunity to ask any party and any witness questions relevant to the litigation. The interview is recorded, usually by a court reporter stenographically or by videotape. Statements made in the deposition, because they are sworn, have a particularly strong impact on the litigation by forcing litigants to keep their story straight or face cross-examination for providing inconsistent testimony at trial.
Trial lawyers are skilled in the use of discovery to uncover favorable facts for their case. The discovery process often leads parties and their attorneys to reassess the strength of their case, frequently resulting in settlement through compromise prior to trial.
For questions about a wrongful death case, contact a wrongful death lawyer like the wrongful death lawyers at the offices of Mishkind Kulwicki Law Co., L.P.A. for help.
June 14, 2021
The Processes In A Wrongful Death Case
There are numerous facets and case types within personal injury but no case type is as unfortunate as a wrongful death case. As one isn’t merely just injured, a person’s life was wrongfully taken away leaving the lives of loved ones in disarray in every way imaginable. And so the task now becomes finding justice for the person who was taken away due to someone else’s negligence. But how does one go about this?
Find a lawyer: First, you need to find a personal lawyer. An insurance adjuster will try to make contact with you first to make it seem like only they can help you and that you have to close your case as soon as possible, but that’s not true. Find a personal injury lawyer first that you feel best suits your needs first and they will be able to help you get the maximum benefit and justice for your case.
Assessment of damages: Once your case is started, your lawyer will compile all evidence and records needed to make the argument for your case. This will require a little work on your part as well, but in order to get the maximum amount possible for your case, it’s crucial that you do cooperate with your lawyer as their job is to help you and following their instruction is part of this. Damages that you can claim: include contributory financial loss (widows can receive support until their expected retirement age), college funding (if it can be proven that the deceased has or would have contributed to it), punitive damages (if found that the at-fault individual acted recklessly), and depending on the state, one can receive loss of consortium; a loss of services around the house. This is on top of all the funeral expenses related to the burial of the deceased.
Settlement or trial: The two parties will make their arguments about how you are deserving of more and in the case of the opposing side, how you are deserving of less. But with your compiled files and evidence and records of damages, your lawyer will try to get you the best settlement possible that covers your current and future expenses. If an agreement can’t be made then the case will likely go to trial and a judge will decide upon the final amount to be awarded to you and for how long thus concluding the case.
If you have questions about a case, contact a personal injury attorney i like the lawyers at Eric Roy Law Firm for help.
June 5, 2021
Liability for Slip and Fall Accidents
Slip and Fall Accidents
Tripping or slipping may feel like a momentary act of clumsiness when it happens and people often think that it’s nobody’s fault but their own. In reality, many causes of slip and falls are the result of negligence. Companies and even individuals have a duty to maintain their property in a reasonably safe condition. Failure to do so constitutes a breach of that duty. If oversight results in someone getting hurt, companies or individuals may be liable for negligence. Here are some examples of how failing to address conditions that can cause people to fall may inflict serious bodily harm and create liability.
Ice
People are not responsible for the weather, but icy conditions have to be dealt with in a timely manner. A walkway or stairs that are covered in a sheet of ice are an obvious hazard. Even when someone sees that there is ice and takes care to avoid slipping, it may simply be impossible to avoid. Moreover, a lot of ice is not easily perceptible, particularly in foul weather conditions or poorly lit areas.
Leaks
A leak anywhere inside of a building can really catch people by surprise. Most people certainly would not expect to find a puddle of water somewhere as they walk through a building. Bear in mind the fact that there is a puddle of water somewhere in a building does not necessarily mean that someone committed an act of negligence. However, if someone was aware of a leak and failed to take appropriate action this will almost certainly indicate that there was a negligent act or omission. The duty to correct an unsafe condition comes into effect only when the party responsible becomes aware of it. If, for example, there is a towel near water on the floor, that may signify that whoever needed to address the problem failed to do so.
Uneven Surfaces
An uneven area where people are walking can cause people to stumble and fall forward. This type of condition can occur indoors with loose boards or poorly secured treads on stairs. Uneven surfaces outdoors can be extremely dangerous because they are often on concrete or pavement. Some cities and municipalities have regulations attempting to create immunity for injuries in these types of scenarios. Nevertheless, previous reports of an unsafe condition may make a city or town liable for negligence.
Ultimately, people who have sustained a serious injury after a slip and fall may wish to consider pursuing a claim for negligence. Damages may include medical expenses, compensation for pain and suffering, and lost wages. Contact an experienced slip and fall attorney like David & Philpot, to assist with your claim and possible compensation.
May 25, 2021
Personal Injury Lawyer
When you or someone in your family has received a personal injury, it’s difficult, no matter the circumstances. However, the circumstances can make it even more difficult, especially when those circumstances involve negligence of any kind. Hiring a personal injury lawyer can help to bring you and your family closure. The more experienced the lawyer, the better, and the Therman Law Offices, LTD and other similar offices have enough experience under their belts to put your minds at rest while you are trying to adjust to life with your personal injury.
Personal injury cases often involve negligence, often personal injury cases are automobile accident cases, though not always. Personal injury lawyers may specialize in an area of specific accident, or may cover many types of accidents.
- Car accidents are a common type of personal injury case. This is the cause of most personal injury cases throughout the United States of America, because someone is not following the rules of the road (usually). Careless drivers are often held liable, financially and responsible for the injuries to the other person. There are always exceptions, though.
- Slips and falls are another common type of personal injury case. Property owners are the ones who are often held liable due to their legal duty to keep the premises reasonably safe and free of hazardous areas. Not all injuries that occur on a property will cause liability situations, and the legal duties of the landowner may differ depending on circumstances and situations.
- While medical malpractice is not as common as slips and falls or car accidents, it’s still a common type of personal injury suit you may come across. Medical malpractice arises when a health care professional, such as a doctor, provides treatment that does not meet the medical standard of care and the patient is injured due to it. Getting a bad result does not necessarily indicate medical malpractice, though.
- Defamation, which is a type of libel or slander, can fall under personal injury due to the injury to someone’s reputation. The nature of what defamation the plaintiff has to prove will vary, because the plaintiffs are always different. Typically, the average person will need to prove that the negative statement is really false and that it caused harm, such as financial loss. When it comes to celebrities or public figures, however, they must be able to prove actual malice–the statement was made with the intent to do something reckless to the person’s name and reputation.
- Dog bites are another common type of personal injury case, and oftentimes owners of the dog are financially responsible for the injuries that their dog caused someone. In some cases strict liability rules exist and the owner is liable for dog bite damages even if the dog has never been aggressive before. States have various laws, and it does vary between states, in regards to the liability of the owner and dog bite laws.
Reach out to a personal injury lawyer no matter your injury, and discuss your case.
May 25, 2021
4 Examples of Birth Injuries
An adverse event that occurs during labor and delivery can cause a birth injury in the infant. Birth injuries can range in severity from minor to major, as a top birth injury lawyer knows, like one from Hall Justice Law Firm. Some birth injuries resolve on their own, some require intervention to resolve, and others can cause lifelong disability.
1. Fractures
Bone fractures in newborns can occur when the presentation is abnormal, e.g., the baby exits the birth canal bottom-first instead of headfirst, or when the extraction is difficult. The most common bone fracture to occur in newborns is a break of the collarbone. Fractures of the long bones or ribs are possible, but very rare. Bone fractures in newborns usually heal eventually, but require immobilization for several weeks and may require intervention by an orthopedic surgeon.
2. Nerve Injuries
The most common nerve injuries to occur at birth are to the facial nerve and the brachial plexus. The facial nerve controls expressions, and a baby with an injury to the facial nerve may have a lopsided appearance due to partial paralysis. Facial nerve injuries often occur due to pressure on the facial nerve if it was pressed up against the mother’s spine during delivery. Another risk factor is assisted delivery with forceps. Facial nerve injury often resolves on its own.
The brachial plexus is a cluster of nerves in the neck that provides neural signals to the arm. Injury to the brachial plexus can occur due to stretching during a difficult delivery. It can result in partial or total paralysis of the arm. This may be resolved with physical therapy, but lasting weakness can occur.
3. Head Trauma
Head trauma from a birth injury can include skull fractures and hemorrhages. The former may be a cause of the latter. Intracranial hemorrhages occur inside the skull, while extracranial hemorrhages occur outside it. Extracranial hemorrhages affect the periosteum, which is a membrane covering the bone that, in children, helps it to grow. Intracranial hemorrhage can occur in the brain itself or between the brain and the skull. Extracranial hemorrhages are often treated conservatively, while intracranial hemorrhages may require surgery to remove the collected blood.
4. Spinal Cord Injuries
Excessive rotation or traction on the spinal cord during birth can result in an injury. If it affects the lower spine, it can result in bowel and bladder dysfunction and significant morbidity. An injury to the upper spine is more likely to cause death. Fortunately, birth injuries involving the spinal cord are very rare.
Even if your baby’s birth injury is treatable, it may require a lot of expensive interventions to resolve. Contact one of our attorneys if you think a doctor’s mistake may have contributed to your child’s injury.
May 23, 2021
Filing a Claim After a Truck Accident
When you are leaving the scene of a truck accident and you were a victim in this accident, you may be wondering what the next steps are. Your adrenaline is likely starting to wear off, you may notice your injuries more, and you may be wondering if you have a legitimate claim for insurance. Usually, when a truck and a car get into an accident, the car is going to get more severely damaged than the truck. The same is true for the driver of the car. If you are wondering what next steps to take after leaving the accident scene, read on.
Speaking With Insurance
One of the first things you should do after you have been involved in any kind of vehicle accident is call your insurance. In many cases, if you do not call to report the accident to your insurance, your insurance may choose not to give you coverage. Remember, while it is important to give your insurance company the necessary information about an accident, you do not want to go overboard with the details, even if you believe you were not responsible. You can share information like:
- Who the other driver is
- Where the accident occurred
- What time it occurred
- If anybody else was involved in the accident
If the truck driver’s insurance company calls you to see how you are doing, this is not a call you want to stay on. Politely tell them that you are getting medical help for your injuries and that you would prefer any further contact with them to go through your lawyer. At this point, if you have not already, it is in your favor to find a lawyer, like a truck accident lawyer from a law firm like The Law Firm of Frederick J. Brynn, P.C. Your attorney will be happy to speak with the insurance on your behalf and make sure not to divulge too much information to them.
How do I know I need a lawyer?
When you are in an accident as serious as a truck accident, there is always the possibility of leaving a great deal of money on the table if you do not have the right legal representation. While it may seem like the truck driver is clearly the one at fault, an insurance company will do whatever they can to pay out as little as possible. If you would like more information on filing a personal injury claim after a truck accident, speak with a local attorney now.
May 20, 2021
What if The Truck Driver Is Not Responsible?
After you have been in a car accident involving a truck, you probably want to know who is at fault, especially when you are facing high medical bills. It is always best to hold someone responsible when they have caused your injuries, but what if the truck driver is not at fault? You might be thinking that if you and the truck driver are the only two people there at the time of the accident then it is unlikely someone else is responsible. However, there may be a few different possibilities.
Who else could be liable?
If the truck driver is denying liability, you may want to work with a lawyer, like a truck accident lawyer from a law firm like The Krause Law Firm to determine if someone else may be responsible for the truck accident that caused your injuries.
- The trucking company. In some instances, even if the truck driver was responsible for the accident, they may not be the ones who have to pay. You may be looking to file a claim against the trucking company because, in the event that you were injured in an accident, the trucking company would be responsible for their employee’s negligence.
- The local governance. If the accident could have been avoided if there were appropriate road signs or if the road was in better condition, it may not be the truck driver’s fault and instead, you may be looking at filing a claim with the local governance.
- The truck parts manufacturer. Unfortunately, many trucks may be at a higher risk for accidents because the manufacturer of the parts may have provided the trucking company with a defective or malfunctioning product. When this is the case, a lawyer can help you file a claim against the pars manufacturer.
- The truck’s mechanic. If the truck was not properly maintained between trips by the mechanic, then it is possible this was the cause of the accident, whether it was worn brake pads or old tires. If the accident occurred because the truck was not maintained, you may have the best opportunity to receive compensation if you file a claim against the mechanic.
Find Help For Your Claim Now
Getting into any kind of accident on the road can be unnerving. However, when you get into an accident with a large truck this can completely change your life. If you need help filing a claim, reach out to a local attorney for help today.
May 10, 2021
How Should You Handle a Wrongful Death Case?
Wrongful death cases are particularly difficult because emotions run high and there was a terrible dramatic result due to someone’s negligence. This is why you need to hire a wrongful death lawyer, like a lawyer from Ward & Ward Law Firm, right away if a loved one passes due to someone else’s carelessness. You and your family deserve justice, and although a lawyer could never bring back a loved one, you should not have to suffer financially along with your grieving.
Hire an Experienced Lawyer
It is crucial to have the best of the best when filing a wrongful death case. It is one of the more difficult parts of personal injury law because it is of the utmost seriousness. Since someone lost their life, the person who is being held accountable needs to be punished for their actions — or sometimes inaction that caused the death. A lawyer needs to be able to prove that negligence occurred and that it was the reason your loved one passed away. This is not always easy, but a good wrongful death lawyer will know how to investigate the incident and have the right witnesses in court who can testify to help your case.
What You Can Get from a Wrongful Death Case
There are many types of compensation you may file for if you want to move forward with a wrongful death case. First, you may file for the funeral costs for your loved one. It is already a heavy weight to carry that they passed too early, so you should not need to wonder how you will suddenly pay for a funeral. The at fault party needs to be held accountable for this.
Second, you may have depended on your loved one’s salary in order to pay for your mortgage, rent, utilities, food, and other necessities. He or she may have had a job that included healthcare coverage for you and your family, which will not be there any more. The negligent party needs to be held responsible for making sure your life can stay as close to normal as possible. There is no way to bring your loved one back to heal your emotional pain, but you should not have to financially struggle because someone was reckless and your loved one was taken from you too soon.
Finally, wrongful death cases also often come with a “pain and suffering” component. Some judges do not like to award this for most personal injury cases, but wrongful death cases can be a different story. There is so much pain that comes along with them that a judge may award this so that the people who are left to grieve feel that they have some extra money to help them in life. It can also feel like more justice was served with a ruling in favor of pain and suffering.
Contact a Lawyer Today
It is important to contact a lawyer as soon as you are able to when dealing with a wrongful death case. There is a statute of limitations in every state that you need to meet to be able to file. Don’t hesitate. Your lawyer can begin working while you continue to grieve so that you have a chance at gaining some sort of compensation.
May 1, 2021
How Do I Prove My Injuries in a Personal Injury Case?
Car Accident lawyer
After a serious injury that was not your fault, you have to deal with the pain and the financial burden. Proving what caused the injuries and how they happened is an added burden. However, as a car accident lawyer from a a firm like Greenspan & Greenspan P.C. can explain, you will need physical evidence to present in court and when dealing with insurance companies. Photographic evidence is the best tool you can use in a personal injury claim.
How to Gather Evidence
The first thing to do after a serious injury accident is to get medical care, even if you don’t feel like you were seriously hurt. In some accidents, adrenaline is high and you might not feel as much pain as you would normally. Other injuries might not show symptoms right away.
If you are able to, you should also take photos of the accident site as soon as possible. Accident scenes change as things get repaired or moved. Water dries and ice melts. The sooner you (or someone else) can take photos, the better.
It’s best to get photos from various angles. For example, in a slip-and-fall accident, showing the stairs or floor from different angles can better show just how hazardous the situation was. If possible, try to take videos as well. Even standard smartphone images and video clips are better than nothing.
Take photos of your injuries. You can’t expect to get photos at the hospital or clinic. Make sure to get as many images as possible of your bruising, burns, or puncture wounds. These photographs will bolster the medical reports by providing more evidence that your injuries caused significant pain and suffering.
Lastly, medical records are essential if you’re planning on making a case for compensation. Medical reports from a hospital or clinic will firmly establish the nature and severity of the injuries you suffered, whether it was a car accident or a bad fall at a business.
Reasons to Hire a Lawyer
A personal injury attorney can help prove your injuries were caused by the accident by taking a few steps. A law firm will:
- Obtain a copy of the police report
- Interview medical personnel who were on the scene
- Interview witnesses
- Photograph the accident scene
- Obtain and review electronic records and security camera footage
A law firm will also take over all communication with the other party (or parties) and their insurance company. Insurance companies always have legal counsel looking after their interests, which makes it a challenge to pursue compensation for pain, suffering, and medical bills.
Contact a Car Accident Lawyer Today
If you suffered serious injuries in an accident that wasn’t your fault, a Car Accident lawyer can help you to protect your rights and pursue compensation.