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Personal Injury Law Is More Complex Than You Think

I always assumed that personal injury cases where pretty straight forward. After being in an accident, any financial losses that you suffered would be reimbursed by the liable party's insurance company. Unfortunately, things only work this way in a perfect world. In the real world, personal injury cases are extremely complex and getting the insurance company to pay a fair settlement requires the expertise of an experienced injury lawyer. Unfortunately, it took me several months to finally seek out the legal assistance I needed. As a result, I waited much longer than necessary to get the compensation I so desperately needed. During this time, I learned more about personal injury law than I ever thought I would. It is my hope that this blog will allow me to share that knowledge with you so that you can avoid making some of the same mistakes that I did.

Personal Injury Law Is More Complex Than You Think


Applying for SSDI: What Claimants Should Know Before Beginning

If you have become unable to work at your job, you may be eligible for Social Security Disability Insurance (SSDI). In most cases, the application process is complex, particularly for those already dealing with a medical or mental health issue. That is why many claimants turn to a Social Security lawyer for help once they stop working at their job. Read on to learn how to work with a Social Security lawyer to get the benefits you are owed.

Why Your Medical Malpractice Case Needs The Input Of A Personal Injury Lawyer

When healthcare professionals don't follow the rules of care that are expected of them, injuries could occur. The good news is that medical misconduct victims can seek reimbursement for all the pain they've suffered. If you're a victim and want to file a petition, it's vital to contact a personal injury lawyer. These professionals have been in the industry for a long time and understand the best way to handle such cases.

Have You Sustained An Injury In Your Workplace? You'll Need To Hire A Lawyer In These Situations

An injury you sustain on your job can affect your working ability or cause irreversible and life-long damage. Getting specialized medical care should be your top priority when faced with such a situation. Ideally, your employer should cover the cost of all the medical services you receive and the lost wages during the recuperation period.  However, compensation might not be possible if certain issues emerge before the court finalizes the case.

Car Accident Claims: How Insurers Quantify Pain And Suffering In Auto Accident Claims

After an auto accident, you want to reach out to your insurer to repay the losses. Typically, it is easy to account for the bills you've paid at the hospital and the car repair shop. But, on the contrary, you cannot equate a dollar amount to the emotional and mental distress resulting from the accident.  Such losses can put you in a dilemma when preparing a claim. In such a case, a lawyer will be valuable in determining the claim for all your losses, both physical and intangible.

Moves Hurt Workers Need To Make After A Denial

Just because you received a denial letter in the mail from the workers' compensation insurance company is no reason to give up. Hurt workers must know what to do and how to do it after a denial if they are to receive the benefits they deserve. When Claims Are Denied Your employer's workers' compensation insurer must provide you with information about your claim once it's submitted. If you are denied benefits, the letter should state why you were denied and your options for appealing the decisions.

Is It Possible To Recover Attorney's Fees Spent On A Lawsuit?

Litigating a personal injury lawsuit can be expensive, so it's understandable that the people involved in them will want to recoup the cash they spent. In America, though, each party to the suit is typically responsible for paying their own legal costs, so courts typically won't award any additional money to cover them. However, the following are two ways you could gain an exception and recover some of or all the money you spent litigating a suit.

Want A Quick Settlement? Not So Fast

After a car accident, it's only natural for victims to want things over with as fast as possible. Getting paid quickly, though, is not always a good idea. Read on to find out why settling your car accident case too soon may not be as attractive as it sounds. The Pressure Is On If the driver that caused the accident is insured, that is always a good thing. However, that doesn't always mean you'll be offered what you deserve.

What You Can Expect From A Civil Wrongful Death Claim

If someone or something caused the death of a loved one, you may have to endure two different types of legal cases. The first case will be one in which the courts decide what consequence, if any, will be instilled upon the person or product's company. This could be spending time in prison, a recall and repair of the product, or large fines. It will involve determining if the defendant is guilty or innocent of causing the death and is a criminal case.

The Stages Of Job Site Litigation After An Electrical Accident

Slips and falls are the most common job site accidents, but electrocutions are the third most common and lead to dozens of deaths a year. Electrocution injuries and deaths have fallen in recent years, but this is primarily due to higher safety standards and better safety equipment. However, if you have suffered an injury on a job site due to inadequate safety standards, you have the right to seek compensation. 

Where And How To Take Legal Action After An Injury

It can be confusing to know where to turn after you've suffered harm through no fault of your own. Most people have seen television shows with judges deciding cases about everything from personal injury claims to divorce and paternity. In real life, you have a choice between taking action in small claims court or civil court. Read on to find out more about both of these options so that you can act quickly and decisively after an injury.

Injured While Driving? Know The Ways To Maximize Compensation

Auto accidents are a complicated situation to deal with, which is only amplified when an injury is involved. If you are suffering due to the fault of another driver, it is important that you do the following things to maximize your compensation. Prove The Other Driver's Liability The problem with auto accidents is that it can sometimes be your word against the other driver's word. Unfortunately, liability plays a big role in how much compensation you can receive.

Is There Any Value To A Wrongful Death Claim Involving A Nursing Home Resident?

Wrongful death claims are legal actions brought by someone's close relatives or estate (depending on the circumstances). Many people think of wrongful death actions as a way for family members to recover their losses when a household's primary wage earner or primary caretaker dies. The money from the wrongful death claim replaces that person's income or allows the family to pay for someone to do the things that the deceased once did, like childcare.

Do You Have Legal Rights If A Dog Attacked Your Dog?

According to the American Pet Products Association, their 2015-2016 National Pet Owners Survey states that, in the United States, there are 77.8 million pet dogs that reside throughout 54.4 million households. Unfortunately, some of these dogs are not going to be friendly. If your dog has had the misfortune of being attacked by one of these 77.8 million other dogs, it is normal for you to wonder what rights you have.

Has Your Child Been Injured? 3 Things You Need To Know About Personal Injury Claims

If your child has been injured in an accident, it's normal for you to be concerned for their well-being. It's also normal for you to want to make sure they receive the compensation they're entitled to. Unfortunately, if you're not familiar with personal injury laws, you might not know how to go about seeking damages for your child. Here are three things you need to know about personal injury laws and how they pertain to your child's injuries.

How Sleep Apnea Plays A Role In Your Truck Accident Case

Truck drivers that are not treated for sleep apnea have a much greater risk of getting in an auto accident. These drivers are five times as likely to have a preventable crash. There are treatments that have been found to be effective for treating sleep apnea. The treatment also often carries no out-of-pocket cost for many employer health insurance plans. However, some truck drivers may not seek the necessary treatment, causing them to be a danger on the road.

Four "OCD" Questions A Slip And Fall Lawyer Might Ask

If you are consulting with a slip and fall lawyer or trying to choose one, you might be wondering how they're going to approach your case. You might be surprised by some of the things that they say and the questions they might ask. Here are some explanations of why these legal professionals can get so "intense" when they're trying to build a slip and fall case. When Did It Happen?

3 Major Mistakes To Avoid After You Are Injured In A Car Wreck

After being injured in a car accident that was not your fault, you'll most likely have a lot of unpleasant things to cope with. In addition to recovering from your injuries and dealing with pain, you may also suffer financial stress due to not being at work, and you will also have to deal with getting your car repaired or replaced. In this type of situation, you're entitled to a fair financial settlement from the other driver's insurance company.

Things You Shouldn't Do After An Auto Accident

Automobile accidents are events that cannot always be prevented. In 2015, the National Safety Council stated approximately 38,300 individuals were killed on roads within the United States. Excluding those estimates, at least 4.4 million were injured. With those high rates, there are many things you shouldn't do after you are involved in an auto accident. Issue #1: Never leave the scene of an accident without notifying the police or other emergency services.

Should You Sue For Food Poisoning?

A trip to your favorite restaurant can quickly become a nightmare if you suffer from food poisoning. It can be even worse if the illness is extensive, racking up medical bills or lost wages. The following guide can help you decide whether the restaurant should be held responsible and whether you should sue for personal injuries. Can you prove it was the food? Often, food poisoning is a case of suspicion.

Why Your Child's School May Not Be Liable For These Two Injuries

Schools are expected to provide safe environments for students. Therefore, if your child is injured at school, it is natural to hold the school liable for the injuries. However, a school is not responsible for all types of injuries its students may experience. Here are two types of injuries for which the school may not be responsible: Injuries on School Property Outside School Hours Schools are only liable for injuries that occur when they are in charge or responsible for their students.

Possible Defenses For Single-Car Accidents

In single car accidents, the driver is almost always considered to be at fault. As a driver involved in a single-car accident, it's important to identify the correct cause of the accident because it may determine which insurance coverage should pay the damages.  Fortunately, the driver isn't always responsible for single-car accidents. Here are three situations in which other things, other than the driver's actions, may cause a single-car accident:

3 Signs Of Emotional Nursing Home Abuse

If you have a loved one who is in a nursing home, you probably count on the facility to provide your loved one with proper care. However, you should know that nursing home abuse does happen, and it happens in many forms. You might know to watch out for physical signs of abuse, but emotional abuse in a nursing home is something that happens, too. These are a few signs that your loved one might be emotionally abused in the nursing home.

How Personal Injury Lawyer Fees Work

Car accidents can make a mess out of someone's life in an instant. The loss of employment, physical mobility, and financial stability following an accident are all possibilities for anyone who's seriously injured. That is why most legal experts recommend legal representation for people who are injured. If you are looking for legal help but aren't sure if you can afford it, here are the three things you should know:

3 Steps To Take After You Are Hurt In A Car Accident

A car accident is a very scary event, and if you get hurt in a crash it can take a long time to get your life back together. When you're not at fault for the accident, there are several things you have to do in order to receive an insurance settlement that will cover your medical bills, lost wages, and pain and suffering. After you're injured in a car accident, take the following steps:

Understanding The Difference Between Contributory And Comparative Negligence

In the aftermath of an auto accident, one of the key questions that'll be asked by both sides is who's at fault for the accident. Knowing who's liable and how much liability they'll share for the accident could easily influence your ability to receive compensation for your injuries and other damages. The following offers a brief comparison between contributory and comparative negligence and how it affects liability. Contributory Negligence The concept behind contributory negligence is simple -- if you get into accident and you're found at fault due to your own negligence, you won't be able to recover any damages even if the amount of fault is relatively small.

Guidelines For Filing A Personal Injury Lawsuit In Iowa

If you were injured by another party, possibly due to an auto accident or medical malpractice, then you might be thinking about filing a personal injury lawsuit. However, there are some facts that you should know before you seriously commit to filing a lawsuit. For starters, you want to make sure that you abide by the laws of your state. If you are planning on filing in Iowa, then here are just a few of the regulations that you will need to follow:

Is Your Personal Injury Case Going To Court? 5 Things You Should Do

If your personal injury lawsuit has gone all the way to trial, you already know that you have a hotly contested case (sincethe vast majority of cases settle out of court). You want to do everything that you can to help your case and avoid doing anything that might accidentally hurt it. Here are five things to do if your case goes to trial. 1.) Review your medical records. Do not get on the witness stand without reviewing your medical records.

How To Prepare For A Malpractice Meeting With An Attorney

You will need a lot of documentation to prove your case during a medical malpractice lawsuit. You can get the process off to a head start by compiling lists of vital information before your first meeting with a malpractice attorney. The following are four important things you should list and do before your attorney appointment. #1: List the Negligent Behaviors While negligence on its own isn't sufficient reason for a malpractice suit, it must first be proven before you can begin your lawsuit.

Did You Lose Out On A Promotion Due To A Personal Injury? Compensation Is Possible

You already know what your injury has cost you in terms of medical bills, lost wages, and weeks (or months) of suffering. But now that you've recovered as fully as you can, how do you calculate what your injury will continue to cost you? Especially since your injury sidelined you during an important moment in your career and caused you to miss a promotion that won't come around again soon. If your future career has been changed as a result of your personal injury, this what you should know.

Three Questions To Include In Your Discussion When Hiring A Personal Injury Attorney

After a personal injury of any nature, it's important to quickly decide whether you wish to put the situation behind you or present your situation to an attorney and possibly take action in court. If you select the latter option, it's time to seek out some attorneys in your city that specialize in personal injury law and begin the process of talking to a few to decide who to hire. This conversation will have some back-and-forth elements, with you talking about your situation and the attorney talking about why he or she wishes to represent you.

An Introduction To Personal Injury And Wrongful Death Lawsuits

Two of the most common civil lawsuits are personal injury and wrongful death lawsuits. In the future, you might need to file (or be otherwise involved in) one of the two, which means that you should have some basic knowledge about here. Here is an introduction that will give you a good idea of how each work:   Personal Injury Lawsuits If you were in a car accident, a slip-and-fall accident, used a defective product, or were a victim of a crime, then you will probably want to file a personal injury lawsuit.

Can You Share The Blame For An Accident With Your GPS Or Mapping App?

What happens when your GPS system or mapping app steers you the wrong way and you get into an accident? Are you solely to blame? Can you lay any of the blame on the maker of the GPS or the app that led you into a brick wall instead of an alley or sent you into a pond instead of over the bridge it said was there? This is what you should know.

Worker's Comp: Simple Guide To Report An Accident At Work

Work should be a safe environment where you can perform your duties, but that does not mean that an accident is not possible. You probably know that you need to report the incident--no matter how small--to your employer as soon as you can, but there are a few things to consider when reporting an incident. This guide will show you how to report an accident to make sure you are ready should you need to take your accident to court.

Personal Injury Law 101: 3 Tips For Going Back To Work Safely

Returning to work after collecting workers compensation might be very exciting for you after your time off. However, it can also be dangerous depending on the nature of your injury. To ensure that you remain healthy and safe, make sure you follow these three tips: 1. Talk To Your Employer Before you return to work, have a meeting with your employer. Bring a copy of your medical records and have a talk about what you can and cannot do at work.

Can You File A Wrongful Death Claim Over A Suicide? Here Are Questions You Should Ask

Over 38,000 people in the U.S. commit suicide each year. Some of these deaths can't be foreseen or prevented, but there are times when someone else can and should be held accountable for another person's suicide. If someone you love has committed suicide, there's a possibility that you can hold someone responsible through a wrongful death claim. Here are the questions that you need to ask. Was the suicide victim receiving mental health care?

3 Motorcycle Safety Tips That Can Also Help Your Personal Injury Case

A motorcycle accident can leave you with painful injuries, not to mention lost wages due to missed work. Often, a personal injury lawsuit is necessary to recoup medical bills, lost wages, and payment for pain and suffering. The following three tips not only improve your safety on the road, which can help you avoid an accident, following them can also increase your chances of winning your personal injury claim. Tip #1: Put a Lid On It

Student Loans And Long Term Disability: What You Need To Know

When you get injured on the job and find yourself dealing with a disability, you may start to panic about what you are going to do with your bills when you are unable to work. While your long term disability attorney works diligently to get you the disability insurance benefits that you need, you are left in a state of limbo. You cannot return to work, but you are not receiving your disability benefits.

Understanding The SSDI Application Process For Filing A Claim Due To A Personality Disorder

If you are applying for Social Security Disability Insurance (SSDI) due to your personality disorder diagnosis, then it is important for you to understand how the application process works. By having a clear understanding of the process, you can help to ensure that your application is approved without any unnecessary delays. The SSA's Application for SSDI To being the process of applying for SSDI, the Social Security Administration (SSA) requires you to fill out a very lengthy application.

Asking For Mercy: When The Driver Who Caused Your Loved One's Death Is Considered Family

Car accident lawyers can advise families on many things, but one thing they cannot do is convince a judge that their clients deserve mercy. When people drink and drive, get into an accident, and then cause the deaths of people they love, it becomes a very upsetting situation to the surviving family members. Some families look at the driver as though he or she deserves whatever punishment he or she gets.

4 Characteristics Of An Effective Settlement Letter

One way to help make sure that you receive compensation after a personal injury is to write a demand letter to the company. A demand letter might be able to help reduce the chances that you will have to go to court and allow you to settle even faster. There are four main characteristics that an effective settlement letter needs to have. 1. Contains Only Facts Whether or not you fell in a store or were hit by a truck, you need to make sure that you summarize the facts in a way that does not exaggerate.

Workers Compensation Law: 3 Facts You Should Know

Workers compensation laws are an important part of ensuring workers are protected in the event that they suffer a workplace injury. Unfortunately, far too many workers are either misinformed or simply lack adequate knowledge regarding these laws. Therefore, many of these workers will ultimately fail to get the benefits they are entitled to after suffering an injury on the job. Taking the time to review the facts below can help to prevent this from happening to.

Parents Increasingly Sue Schools Over Bullying

Parents are increasingly filing lawsuits against schools if their child endures ongoing bullying and nothing stops it. A lawsuit sends a message that bullying is unacceptable and that school staff should control these situations more effectively. If your youngster has been dealing with harsh treatment from other students for any length of time and the school seems unable or unwilling to do anything, you may want to take action.  Behavior That Constitutes Bullying

Two Types Of Parents You May Not Know About

In family law, it is not just enough to say that you are the parent of a child; you have to specify which type of parent you are. For example, you probably know of adoptive parents and biological parents, but these two aren't the only forms of recognized parenthood. Here are two Psychological Parent A psychological parent is one who has such a strong emotional bond with a child that severing the tie would be detrimental to the child's psychological wellbeing.

How To Get Your Money After A Personal Injury Settlement Award

Ideally, a party that loses a personal injury case should pay the plaintiff after the judgment is issued. In reality, there are people or organizations that fail to do so, and you have to make further effort to get your money. Here are a few measures that can help you in case a losing defendant doesn't wish to pay you: Post Judgment Discovery The first thing you should determine is whether or not the losing party has the money to pay you.

Appealing Your Workers' Compensation Claim After It's Denied

If you have been injured on your job, have filed for workers' compensation and have had your claim denied, you have the right to appeal that claim. The letter that you receive in the mail should give you a good indication as to why the claim was denied, and what you can do to initiate an appeal. This article will give you an overview on appealing your workers' compensation claim.

How To Deal With Medical Malpractice Claims Against Your Practice

A medical malpractice lawsuit can cost you a lot of money and damage your reputation. Therefore, it is imperative to know how to react should such a claim be labeled against your practice. Here are a few tips on that you should do: Inform the Risk Manager The first thing you should do when a complaint is made is to contact your risk manager if you have one. The manager will liaise with your medical malpractice insurance carrier and know the way forward.

Headed For A Surgery? Take These Steps To Prevent Medical Malpractice

Medical malpractice lawsuits arising out of surgical mistakes are nobody's cup of tea. Patients' healths are damaged, surgeons' (and hospitals') reputations are ruined, and insurance companies lose money. Everybody needs to play his or her part to prevent medical injuries. As a patient, you can do this by: Be Proactive The most important tip is to be proactive about your surgery. Don't just lie there and hope that, since the doctors know what is best for you, everything will turn out alright in the end.

Answering Burning Questions Concerning Auto Accident Claim Mediation

Just because you are a safe driver, unfortunately, you cannot always count on other drivers to be the same, and you never know what may be waiting for you when you get into your vehicle. To add insult to injury, if you are injured in an accident, do not be surprised if an insurance company tries to leave you shortchanged. If this is the case, seeking the help of an auto accident attorney from a firm like Chiacchia & Fleming LLP and filing a claim may be the only option you have to recoup your losses.

What Should A Co-Op Sale Contract Include?

If you are buying a co-op, it is important that you know what to look for in the contract. Failing to have certain details included in the contract could result in unforeseen problems that could financially hurt you. Here is what you need to know about co-op contracts and what to be on the lookout for.  Board Approval Depending on your co-op, you might have to seek the approval of a board of directors before you can officially make the purchase.

Finding Justice for Your Auto Accident

If you've been injured or wronged physically, psychologically, or financially in a car crash that wasn't your fault, then there is a good chance that you have a strong personal injury case. To help you figure out if you have a valid lawsuit on your hands, here is a small introduction to auto accident personal injury lawsuits. What is a personal injury lawyer? The first thing you need to know is what a personal injury lawyer is.