Recovering from a Fall

Maintenance Issues That Can Easily Cause a Trucking Accident

Posted by on Nov 4th, 2016 in Uncategorized | Comments Off on Maintenance Issues That Can Easily Cause a Trucking Accident

As a truck driver, it takes pure skill to safely operate a multi-ton rig on busy roadways. Truckers spend a lot of time in school and countless hours on the road honing their skills before they can even receive their official credentials to drive. It is important to realize that even the most educated, skilled truck driver can still have an accident and cause irreparable harm to him or herself as well as others on the road. Accidents often have nothing to do with skill, but rather mechanical issues. The following are among some of the top causes of trucking accidents not caused by driver error. Bad Brakes The brakes on a multi-ton truck are among the most important aspects of the vehicle. The federal government requires that the standards for brake maintenance remain quite high. The responsibility of brake maintenance falls on the driver, but the buck does not stop there. Along with daily inspection of the brake system by the driver, a maintenance specialist must also make regular checks of the brakes to ensure they are in good working condition. The specialist will check for any signs of brake issues, including air leaks in the brake chamber and broken parts. There are some times when, despite all of the regulated maintenance, the brakes can become faulty. The manufacturer will bear some responsibility if the brakes are not functioning at proper specifications. An accident caused by inattention to brake maintenance will fall upon the driver and the trucking company. Accidents caused by faulty brakes, if proper proof of regular maintenance exists, lie with the manufacturer. Air Pressure Tire Issues Another cause of trucking accidents is problems with the tires. Since these trucks drive many miles every year, good tires are of great importance. Air pressure is one typical issue that can result in a truck accident. The weight of a truck will require very specific air pressure levels in order to keep the vehicle drivable. The inflation of the tires has everything to do with ensuring a trucks weight is distributed evenly so that it maneuvers properly. Although there are multiple tires on a truck, just one with faulty air pressure can cause an accident with the truck. These details are what will determine whether a truck can be driven safely. By paying strict attention to the brakes and tires, you can decrease the likelihood of an accident. Click here to continue reading more about causes of truck accidents and what you should do if you’re involved in...

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Three Reasons You Need A Lawyer After An Accident On Your Moped

Posted by on Nov 4th, 2016 in Uncategorized | Comments Off on Three Reasons You Need A Lawyer After An Accident On Your Moped

If you are a moped rider and have recently been in an accident, it is important that you call a personal injury attorney. The following are three reasons to contact an attorney at a law firm like The Gil Law Firm as soon as you can. It is often obvious the car was at fault As you well know, mopeds cannot travel as fast as a motorcycle or even a scooter, but they can travel fast enough to be used on city streets. Car drivers, however, do not always see them. A moped can be rear ended easily while coming to a stop at a red light. A moped will stop more quickly than a car but may not be seen as quickly as a large motorcycle. In this case, the driver is clearly at fault. When this happens, it is a matter of getting all of the compensation you are entitled to, and this will only happen with legal representation. An insurance company will give you only as much as they need to in order to get your signature on the dotted line of a settlement offer. The laws can be complex The biggest issue with moped laws are that they vary by state. In addition, they can change quickly, so what you thought was the law in your state may have recently changed. After an accident, the insurance company may try to talk down the settlement amount by making a false claim about the current laws. Do not be persuaded to settle based upon anything anybody tells you other than your own lawyer. And even if you were in violation of a law, this may not have any bearing on your compensation. For example, if your state has a helmet law and you weren’t wearing one, this may not mean you are entitled to less compensation. Mopeds are ridden differently than motorcycles and scooters Although a moped is a motorized vehicle, on most city streets, they can be operated in bike lanes. But just as with bicycles, they must obey the rules of the road the same way cars must do. But although mopeds can travel faster than bicycles, they can never match the top speeds of a car on the main boulevards and streets of a city. For this reason, they travel on the side of the road. But when left turns are necessary, the moped rider must move to the left lane, and this is where accidents can occur. An attorney with experience representing moped riders will understand the subtle aspects of traffic issues involving cars and mopeds. Often when a person is hurt by an automobile while riding their moped, there will be an attempt to settle quickly out of court. While it may be tempting to take an offer made to you, you should always contact an...

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3 Things You Need To Do After A Dog Bite

Posted by on Jul 29th, 2016 in Uncategorized | Comments Off on 3 Things You Need To Do After A Dog Bite

Dog bites are almost never something that you can see coming far ahead of time. Chances are that if it’s not your pet, the dog is either a stray that you weren’t expecting to run into or a dog belonging to a friend or neighbor that’s never been threatening to you before. Being bitten unexpectedly is a bit of a shock, so it’s important to be aware of what you should do after a dog bite so that you can take action quickly. Get Medical Attention If you’re bitten by a stray that you’ve never seen before, you probably don’t need to be told to seek out medical treatment. However, it’s much more common to skip medical treatment for seemingly minor bites when the victim knows the dog – or at least knows the dog’s owner. You may be worried that you’ll get the owner of the dog in trouble, or you may simply not want to bother if the injury seems minor. However, you should seek treatment for any bite that breaks the skin, no matter what the circumstances. Sure, it’s probably unlikely that your neighbor’s dog has something like rabies (although you can’t be certain). But even if there’s nothing wrong with the dog, bacteria that was in the dog’s mouth or on your skin could enter your bloodstream through the wound and lead to a serious infection. Having a medical professional clean and dress the wound can significantly decrease the chances of infection as well as other complications, like scarring. Report the Bite If victims are sometimes reluctant to seek medical treatment for dog bites, they’re often even more reluctant to report them to the authorities. However, there are a few reasons why you should. A dog that’s bitten once is more likely to bite again, and the next injury might not be minor. What’s more, over half of the 4.7 million people who are bitten each year are children. By making the report, you’re doing what you can to protect the next potential victim. To report the bite, contact your local Animal Control Department. They’ll take a statement from you as well as a statement from the owner and from any witnesses to the bite. Pictures of the bite and your medical records may also be included in the report. Consider Legal Action Once you’ve reported the bite, the authorities will decide what next happens to the dog. If this is the dog’s first report, it will most likely only be quarantined until it can be determined that the dog is healthy. However, if the dog has been reported before, more serious action may be taken. Either way, you have to consider the possibility of filing a lawsuit. Dog bites can be costly, with the average bite-related hospital stay costing over $18,000. Even if your treatment is less expensive, your health insurance company may deny the claim if they believe the owner should be held responsible. The home owner is usually liable if they have reason to believe that the dog would bite someone – for example, if it’s bitten before or if it’s tried to bite before. And even if the dog has never displayed aggressive behavior, the owner may be liable if the owner was negligent – for example, if they were disobeying...

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Medical Malpractice: 3 Helpful Tips To Help You Decide Whether You Have A Case

Posted by on Jul 18th, 2016 in Uncategorized | Comments Off on Medical Malpractice: 3 Helpful Tips To Help You Decide Whether You Have A Case

Medical malpractice is considered valid when a doctor or physician provides you with incompetent care. There are many things that are considered medical malpractice, from misdiagnosis to improper treatment. If you have suffered after medical treatment, it is possible that you have a malpractice lawsuit on your hands. So do you have a case on your hands? If you don’t know, don’t worry. Here are three tips for determining if you have the legal grounds to file for a medical malpractice case: 1. Multiple Doctors Agree Medicine a very subjective field. One doctor might believe they treated you well, while another doctor might disagree. The best way to determine medical malpractice did occur is to collect multiple opinions from different physicians. If several doctors agree that your diagnosis or treatment plan was wrong—or simply that the previous physician was negligent—then you have a good basis for a lawsuit. Just make sure you get these opinions in writing, so that you can use them as a reference in the future if needed. 2. You Have Proof In order to file a lawsuit, you’ll need proof that your issue came because the doctor didn’t treat you properly. For example, if you have a serious heart condition that the doctor didn’t diagnose and you suffered from a preventable condition, such as heart failure, you have a case on your hands. You can get this proof from another doctor or specialist. If you cannot prove that your condition was caused by failure to diagnose or treat, you will likely have a hard time winning the lawsuit. 3. Your Condition Can Be Explained by Poor Care, Communication Failure, or a Misdiagnosis There are three common areas that fall under medical malpractice: poor standard of care, failure to inform, and misdiagnosis. Poor standard of care is when a physician doesn’t act professionally or is incompetent. Failure to inform is when you are not informed about a medication, procedure, or treatment plan. These cases may also include failure to provide a consent form. As you might guess, misdiagnosis is when a doctor doesn’t diagnose a serious condition that could have prevented serious illnesses or injuries. If your case falls under any of these three areas, the chances of winning your case are high—as long as you have proof. While filing a medical malpractice lawsuit isn’t easy, determining if you have one on your hands is. If your situation fits these three criteria, contact a lawyer immediately. These professionals can help you gather information, file the lawsuit, and present your case. Speak with legal professionals like McLaughlin & Lauricella to learn...

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Is Your Parent In A Nursing Home? 3 Things You Need To Know About Nursing Home Abuse

Posted by on Jun 7th, 2016 in Uncategorized | Comments Off on Is Your Parent In A Nursing Home? 3 Things You Need To Know About Nursing Home Abuse

If you have a parent living in a nursing home, you want them to be well-cared for and safe. Unfortunately, nursing homes don’t always provide the safe environment that they should. In fact, according to a study conducted in 2000, 44% of all nursing home residents have been the victim of abuse. The same study found that more than 50% of nursing home employees admitted to having mistreated patients. Sadly, many nursing home patients are either unable, or unwilling to speak out against their abusers. If you have a loved one in a nursing home, here are some things you need to know about abuse. This information may help you protect someone you love. What is Nursing Home Abuse? Because elderly patients are often too weak to fight back, nursing home abuse can take on many forms. Here are two common types of nursing home abuse. Physical Physical abuse is any action against your loved one that is of a physical nature. Hitting, pushing and even restraining your loved one for long periods of time are all forms of physical abuse. In addition, physical abuse can also include refusing to allow your loved one to have the medication they’re in need of. Neglect Many elderly patients are the victim of neglect. Neglect can be as simple as leaving your loved one in dirty clothes, or as dangerous as failing to feed your loved one nutritious food. How to Recognize It There are ways that you can recognize nursing home abuse. One way to recognize it includes watching for the physical signs. Look for unexplained bruises or sores, especially those that are symmetrical on both sides of the body. It’s also important that you watch for signs of withdrawal or fear. For instance, does your loved one withdraw when you attempt physical contact. Do they appear to be fearful when a specific employee walks into the room? These may all be signs of abuse. How Can It Be Prevented? Luckily, nursing home abuse can be prevented, especially if you’re pro-active. If your loved one tells you that they’re being abused, listen to them. It’s also important that you visit as often as possible. If your loved one has frequent visitors, the nursing staff may be less likely to abuse your loved one. This is particularly true if you make it a habit to drop in unexpectedly. If you suspect that your parent is the victim of nursing home abuse, you need to seek help as soon as possible. Contact your local law enforcement official and file a complaint. You should also sit down with a nursing home abuse attorney. They’ll help you protect your loved...

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Things Everyone Should Know About Worker’s Compensation

Posted by on Jun 2nd, 2016 in Uncategorized | Comments Off on Things Everyone Should Know About Worker’s Compensation

Whether you are an employer or an employee, there are a few critical things that you should know about worker’s compensation. Here are some things to keep in mind.  Worker’s Compensation Claims Are Everyone’s Responsibility If an injury occurs, the reporting for the injury doesn’t fall solely on the employer or the employee. An employee should report the injury right away to a boss. The employer should then file a worker’s compensation claim and return an incident report to the employee to fill out. Both parties need to follow up on the work the other is doing; for instance, the employee should check in to make sure that the claim was filed and the employer should check on the progress of the paperwork. By keeping clear lines of communication, both parties can streamline the claim for one another.  Employers Should Communicate about Care Providers (And Employees Should Listen) To make sure that the claim goes through successfully, it’s important for employers to give their employee information about the types of health care providers that are covered under the plan. Depending on your insurance carrier, they may even have a specific list of health care providers that are eligible. Or, they may have a list of approved types of specialists for a specific injury. Either way, this information should be passed to employees, who would do well to pay attention. If they accidentally visit a care provider that’s not covered, the expenses may be taken directly out of pocket.  Insurance Claims are No Fault Another thing to keep in mind is that a worker’s compensation claim is generally no fault; there is no need to prove what happened in the injury. Generally, the claims are resolved pretty fairly because the payout limits are set by the State, and the extent of the disability will be determined by a third party doctor. However, should a dispute arise about the injury, it’s best to speak with a worker’s compensation lawyer, such as Dennis Kenny Attorney, early on. These lawyers can help to make the process less personal for both sides by helping to evaluate what’s fair. If everyone is well informed about what a worker’s compensation plan is and isn’t, it can help to prevent hard feelings and time-wasting confusion. Employers can help to make this information available by speaking with employees when they join the company, training staff periodically, or including good information in their employee...

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How Do Auto Accident Lawsuits Work?

Posted by on May 18th, 2016 in Uncategorized | Comments Off on How Do Auto Accident Lawsuits Work?

Auto accidents are quite common and can end up leaving you with a lot of debt. Medical and auto repair bills can rapidly stack up, but you also might end up missing some work as a result of your injuries. There might even be some serious emotional damage to contend with as well. In order to help alleviate all of these problems, you can file a personal injury lawsuit. To help you decide if a lawsuit is right for your situation, here is an introduction to the topic: How can an auto accident lead to a personal injury lawsuit? When it comes to auto accidents, insurance is usually your first thought when it comes to getting your damages covered. If the other party was fully at fault, then you can generally file with their insurance company to get your damages covered. However, insurance might not be able to get you all of the money that you feel that you are owed. In those cases, a lawsuit can give you more money in exchange for a lengthier and more difficult road to compensation. You will need to check your state’s laws to see if you live in a fault or no fault state. If you live in a fault state, then a lawsuit should be a viable option. However, no fault states force you to go down the insurance route if you don’t have a serious injury from the accident. How do damages work in a auto accident lawsuit? As was mentioned above, damages can come from medical bills, auto repair bills, lost wages, and potentially emotional suffering. There are two types of damages that you will need to think about: Economic – This covers all of the costs mentioned above. If you can point at an exact number as the amount that you are owed, and that number objectively reflects the damage that you suffered, then it’s an economic damage. For example, damage to your car is an economic damage because you can point at an exact number as the amount that you are owed. Different services might disagree on the exact number, but they will each have a specific number in mind. Noneconomic – To contrast, non-economic damages refers to types of damage that are not easy to quantify. For example, pain and suffering are commonly cited as causes for noneconomic damages, but it’s hard to put an exact number on the idea of pain. You will ask for a specific amount of money and the court will decide if that is too much, too little, or just right for your injuries. When you hear about damage caps, they often specifically pertain to this category. To read more on this topic, visit a law firm’s...

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Why You Should Hire A Long-Term Disability Attorney After A Stroke

Posted by on May 6th, 2016 in Uncategorized | Comments Off on Why You Should Hire A Long-Term Disability Attorney After A Stroke

Are you no longer able to perform your job because of stroke complications? You might be able to apply for long-term disability insurance benefits, but it is in your best interest to seek assistance from an attorney before you move forward with the process.  In this article, you will discover a few of the services that an attorney will provide to make sure that your long-term disability benefits application is approved. 1. Review Your Employer’s Disability Policy You will need to ask someone in the human resource department at your workplace for a copy of the disability policy. Your attorney will need to review the policy so he or she can determine what your rights to long-term disability benefits are. For instance, some companies have specific medical policies that determine if you are qualified for long-term benefits. Basically, you must have a condition that has greatly affected your ability to perform the specific type of work that you normally do. Your attorney will also determine if you must remain at your job during the application process, as there might be a policy that makes you ineligible for benefits if you quit before applying. 2. Gather Sufficient Medical Evidence You will have to give the attorney permission to get your medical records from the clinic that you are being treated at. The attorney will also obtain a notarized statement from your physician that explains how your stroke complications have affected your ability to work, and why it is considered long-term. Some of the medical documents that the lawyer may obtain include x-rays, MRIs and laboratory results. If you are suffering from the common stroke complication of partial paralysis, the attorney will obtain evidence even if you are clearly disabled. A second opinion from a different physician may also be obtained concerning your condition to make your case stronger. 3. Hire a Vocational Expert A vocational expert is someone that has extensive knowledge about specific types of jobs. He or she will be able to confirm that your stroke complications make it difficult for you to continue doing the tasks that are done in your field of work. The vocational expert can also help the attorney prove that you deserve long-term disability benefits because the extent of jobs in your field of work is greatly limited due to your medical condition. Consult with a long-term disability attorney, such as Scott E. Shaffman Attorney At Law, as soon as you...

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Three Keys To A Successful Claim After A Motorcycle Accident

Posted by on Apr 12th, 2016 in Uncategorized | Comments Off on Three Keys To A Successful Claim After A Motorcycle Accident

Anyone who rides motorcycles knows how dangerous they can be. Not necessarily because motorcycles are more exposed, but because they behave in different ways than the vehicles that most people are used to driving. In any case, if you drive a motorcycle and have gotten into an accident, you need to act as quickly as you can to file an insurance claim to make sure you receive the compensation you deserve.  Seek Medical Help Immediately Even if you don’t feel like you have any injuries worth mentioning, you should go in for a medical evaluation. If you don’t get immediate help, an adjuster or the lawyer for the person who caused your accident can dispute whether the injuries you are claiming as damages actually happened as a result of your motorcycle accident. Thus, your first move after an accident should be to have yourself checked out.  File Your Claim Sooner than Later If you wait too long to file your claim, it may make it look like you are not being honest. If you feel like you have a good case for receiving compensation for injuries to your person or damage to your vehicle, you need to file a claim as soon as you are able to do so.  Keep All Relevant Papers When you file a claim or take your case to court, the chances of you filing a successful claim depend on how much evidence you have to back up your claims. You should keep a copy of your medical report, an assessment of damages to your vehicle, police reports, and any other paperwork relevant to your case so that you can back up your story. You may also want to take pictures of and gather evidence from the scene of your accident.  These are just a few of the important steps in filing a successful claim. You might think that you are perfectly capable of filing an insurance claim on your own, but there are nuances that you only learn with time and experience. Lawyers who specialize in dealing with claims for motorcycle accidents will have the savvy to help your build a successful claim. Moreover, if you do have to take your claim to court, lawyers will have the skills to help you successfully navigate the courthouse. Many lawyers will only accept pay if your claim is successful and will often offer a free consultation, so there is no downside to at least talking to a lawyer about your case. Contact a law firm like Scherline And Associates to see how they can help with your...

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Victim Of A Chemical Or Gas Spill? Types Of Compensation You Can Pursue Under Personal Injury Law

Posted by on Apr 12th, 2016 in Uncategorized | Comments Off on Victim Of A Chemical Or Gas Spill? Types Of Compensation You Can Pursue Under Personal Injury Law

Trains that are carrying toxic chemicals derail from time to time. Tankers carrying propane and natural gas tip over and leak. In both of these instances, the victims are often the people who are nearby and cannot be evacuated before the chemicals or gases reach their homes and businesses. If you happen to be one of these victims, there are certain types of compensation you can pursue under the law. Medical Compensation Medical compensation under personal injury law usually covers your current medical bills and health concerns, as well as any emotional or psychological trauma that will require the help of a therapist or psychiatrist. However, future medical concerns may also be covered if your personal injury attorney can prove that the substances you were exposed to will cause cancer of any type, affect your reproductive organs, or cause birth defects in any children you may have. These longer-reaching consequences of your exposure may only be proven through research reports and tox screen reports of your blood and organ tissues, so you may have to submit yourself to several tests if you intend to pursue your case. Property Compensation Property compensation may be a form of compensation you can pursue if your home or business was destroyed or pronounced unlivable shortly after the accident. The property compensation you may receive will help to restore your home or business to a safe, operational and/or livable place. This could include hotel expenses, relocation expenses and even losses of property inside your home if you cannot return to retrieve any belongings that matter most to you. Lost Time and/or Lost Wages If the gas or chemical spill you were exposed to causes you to lose time and/or wages from work, you may be able to include these in your lawsuit. There may be a limit to how many days’ wages or the amount of wages you can claim, and you can only claim what you legitimately lost, not what you expect to lose in the future (unless you are disabled by the exposure incident). If you were fired from your job because you missed too many days in a row while recovering from the incident, you may be able to pursue a separate but related injury and employment suit in order to recover your job or get compensation for a situation that was out of your control and for which you should not have been fired. Click here for a personal injury attorney or do an online...

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