Over the years, the popularity of motorcycle has risen significantly because they allow the individual to the taste the feeling of freedom while riding through the winds.
People find it more affordable to run a motorcycle, than a car. Studies point out that the popularity of motorcycles among women is steadily growing over the years.
Even though that motorcycle rides will elevate your adrenaline levels, it is important to remember how dangerous they can be. For those who don’t know what a motorcycle is, we must clarify that it includes both mopeds and scooters.
If you are one of those people who has been injured in an accident without having a fault, then you might be eligible for a financial compensation.
Reasons for motorcycle accidents
Studies find that most accidents occur when there’s serious traffic and the cars are approaching from everywhere. Moreover, many people get distracted and they often miss a sign, where they should stop. Such vulnerable spots include roundabouts, crossroads and etc.
Of course, we must not forget to include the other factors such as excessive speed or freestyle riding. The biggest threat for the rider is that he might get thrown away or get trapped underneath the vehicle. According to the top personal injury lawyers we spoke with, most accidents could have been prevented if the driver had driven normally.
How likely is it to get injured?
Bike riders, whether the vehicle has a motor or not, are extremely vulnerable during crashes. The more sophisticated the bike is, the more power it will have, making it even more lethal.
According to experts like The Reviewinsider, the more powerful a bike is, the harder it is to handle it in extreme situations. This is especially valid during traffic and bad weather.
In the end, the driver must always protect himself, because other vehicles on the road are most often protected by a steel box
Consequences after motorcycle accidents
As a rider, you must be aware of the possible consequences that might occur after an accident. Motorcycle crashes might be fatal or they might have an unpleasant impact on the rest of your life. If you are a person, whose family relies on him, then the adrenaline of riding might not be the right choice for you.
Even though that there’s protective clothing and you might believe that the years of experience will protect you, the truth is slightly different. Nobody can guarantee that you won’t become a victim of the obstacles.
Those who have received injuries during crashes without being responsible for the accident might get a hefty compensation. Fighting for your loss is mandatory, especially when you need to cover medical expenses.
To succeed with a vehicle compensation claim, you’d need an experienced personal injury lawyer. Picking the right one might be a troublesome task, but it is worth spending some time on it. Always be sure that the company you’ve hired to protect your rights has enough experience.
Individuals who file a compensation claim, are assessed to determine the financial incentives they are eligible to receive. That is why, it is important to have an attorney, who knows how to get the most out of those compensation claims. Note that the case must be filed within three years, or else it will expire and you will have no rights.
An auto accident attorney frequently refers to the concept of protecting the rights of their client after an accent. And an accident victim does have legal rights afforded to them by the law on varying levels. But they’re a nebulous grouping of laws that depend primarily on the state that the accident victim happens to be living in. There is no federal law or constitutional mandate that says each and every citizen has the inalienable right to be free from harm. Yet a lawyer can legally use the language of “preserve your rights” on their advertising materials without consequence because there are rights that need to be preserved on behalf of a victim after an auto accident. Here’s how individual rights are defined after becoming an auto accident victim.
The Right to Be Free From Harm
The Constitution and the Bill of Rights, also known as the Amendments, don’t specifically state that a U.S. citizen has the right to be free from harm. The idea that an individual has the expectation to go about their day without being harmed by another individual is what’s known as an implied right. That means that individuals can take legal action against someone else who has done them physical harm and seek financial reparations for their injuries or losses. A good example of this concept is the O.J. Simpson wrongful death civil lawsuit.
O.J. Simpson was acquitted of the criminal charges against him, but it didn’t prevent the families of Ron Goldman and Nicole Brown-Simpson from bringing a lawsuit against him. The families could do this because the statute of limitations had not run out in California by the time they sued Simpson. California law enables the families of murder victims to enforce the rights of their lost loved ones on their behalf. These laws can and do vary from state to state, but while an auto accident isn’t necessarily a crime scene, this particular unwritten right is something a lawyer can invoke on behalf of their client depending on the specifics of the accident.
The Right to Be Made Whole
This is a complex concept that involves insurance companies paying you fair compensation for the injuries and damages you suffered after an accident. The idea of being made whole was decided in a court case known as THIRINGER v. AMERICAN MOTORS INS., 91 Wn.2d 215, 588 P.2d 191 (1978). In summary, it sometimes happens that the injured party has to sue to recover more money in order to be made whole again. Once a satisfactory amount has been recovered from the offender or their insurance company, the accident victim’s insurance company can lay claim to excess monies won in the suit and use for the repayment of claims paid out to the injured party.
No two accident victims are going to require the same amount of money to be made whole again. This means each case differs in the total amount of money required to make the injured whole again. While the right to be made whole is not necessarily a specific law or clearly defined concept , it is recognized by court decisions as something that an accident victim can seek. The job of an attorney to to make sure that the victim receives adequate compensation for their injuries and damages without losing any of it to their insurer.
The Right to Be Heard in Court
When someone has a grievance against another person, they have the right to use the civil courts to have their voice heard. Auto accident cases are heard in a specific civil court division that’s designed to hear the arguments from the plaintiff’s attorney and the defendant’s attorneys. But there is a time limit known as the statute of limitations that prevents a lawsuit from being initiated after a set amount of time. These laws exist to prevent someone from suing an insurer or defendant many years after the accident, but they are also used to keep the unaware from filing in court when negotiations aren’t brought to a settlement.
Statutes of limitations differ from state to state, but the average amount of time an auto accident victim has to file is three years after the incident. There are mitigating factors that can shorten or extend the statutes, but again, these factors depend on the state.
Insurance companies and the attorneys for the victim typically negotiate an agreement and settlement that covers the medical bills and damages before the statute of limitations are up. Most insurers prefer to not go to court and prolong the process, but there are some who feel that they don’t want to negotiate in good faith. These insurers may try to “wind down the clock” and prolong the negotiation process until the time limit has expired. This prevents the injured party from going to court to force a settlement and allows the insurer to not pay out further on the claims. However, an attorney is also aware of the time limits and won’t let an insurer drag things out in an attempt to wind down the clock.
All auto accident victims are afforded these rights and more after being injured by someone who made a poor decision. But these rights are at the core of most cases handled by an attorney and they use them to gain a form of justice for their clients. Criminal charges may never be brought by the police in an auto accident, but the victim is not without recourse and can use these rights to be made whole whether it’s to replace a car destroyed by the impact or to cover ongoing medical costs that arise after the incident.
Over the course of the last several days, there has been a flurry of discussion regarding Netflix’s latest documentary, The Bleeding Edge. Much like its predecessors (Making a Murderer, The Keepers, Evil Genius), this hour and forty-minute film (directed by Kirby Dick and produced by Amy Ziering) takes a very raw and uncensored look at the $300 billion medical device industry and how, every year, thousands of innocent people fall victim to its profit-driven agenda; begging the ultimate question, what price is the American public paying for the sake of advancing medical science?
Sadly, The Bleeding Edge is rife with examples of the price Americans are paying for the sake of advancing medical science. Interviews with women having received the Essure permanent birth control device reveal how over 35,000 women have had their lives reduced to chronic pain, autoimmune disorders, and hysterectomies as a result of Bayer’s failure to report the side effects associated with its device. Individuals having received metal hip implants discuss their development of cobalt chromium metal poisoning and the related onset of debilitating neurological deficits. Other women detail the multiple and painful surgeries they have undergone in an attempt to remove the vaginal mesh strangulating their bodies, which had originally been used to help stabilize and reinforce weakened pelvic muscles often caused by childbirth and aging. Even more women discuss how sections of their colon exploded from their bodies following their surgeons’ use of the robotic, da Vinci System.
For years, industry has pushed this idea that newer is better and that new and “innovative” medical devices put us on the “cutting edge” of science. However, The Bleeding Edge most accurately dispels this myth, delving into the world of medical devices, exposing the stark reality of how industry’s push for “innovation,” coupled with a lax regulatory system, actually puts us on The Bleeding Edge of science, as every time a patient agrees to the implantation of a medical device, he or she is unknowingly subjecting his or herself to unimaginable harm, or even death.
THE MEDICAL DEVICE INDUSTRY IS ONE OF THE MOST POWERFUL INDUSTRIES IN THE WORLD
Over the last ten years, 70 million Americans have been implanted with a medical device. These devices are a part of our everyday lives, ranging from dental floss and tongue depressors, to pace makers and catheters. Stryker, one of the leading manufacturers of hip and knee replacement components had a net revenue of $12.7 billion in 2017. Bayer, the manufacturer of several contraceptive devices, including, Mirena and Essure, made well over $40 billion in revenue, and Johnson & Johnson, a manufacturer of vaginal and hernia mesh made over $76 billion in revenue in 2017. The profit margin of the medical device industry is frightening in that it has afforded these companies the opportunity to infiltrate our lives under the guise of medical advancement, all the while exposing us to perilous harm.
THE PROCESS BY WHICH THE FDA APPROVES MEDICAL DEVICES IS SIGNIFICANTLY OUTDATED
The Bleeding Edge highlights the misconception under which many Americans operate – that their medical device has been adequately tested and deemed safe and effective for use by the FDA. Since 1976, it has been the responsibility of the Food and Drug Administration (FDA) to regulate the approval of medical devices. However, since 1976, the complexity, type, and number of medical devices has vastly increased, but whether they are released for public use is still based on a system created over 40 years ago; one clearly incapable of contemplating today’s technology.
98% of all medical devices are not tested prior to approval. Rather, manufacturers are able to acquire approval of medical devices by the system known as the 510(K) process. To obtain approval under the 510(K) process, a manufacturer is only required to show that its device is substantially similar to another (predicate) device that was previously approved by the FDA; absolutely zero safety testing is required. This is true even if the predicate device was taken off the market for safety concerns. Per the FDA, in considering a 510(K) application, it does not check the predicate device for safety issues, or to see if it has been removed from the market; it only looks to confirm that it was actually approved by the FDA. Consequently, much like a genetic mutation, approving a product that is based on the design of a device that has been found to be unsafe, promotes the production of faulty devices in generations to come.
WE CAN NO LONGER RELY ON THE MEDICAL DEVICE COMPANIES AND THE FDA TO DO WHAT IS IN THE BEST INTERESTS OF PATIENTS
Even more, The Bleeding Edge calls attention to the seemingly biased and corrupt workings of the FDA. FDA officials and physicians charged with the responsibility of determining whether a device should be approved, more often than not, have stock or other monetary interests in those exact devices before them for approval. For example, prior to Dr. Scott Gottlieb (current FDA Commissioner) being appointed commissioner, he not only worked as a consultant to a range of medical industries, but he worked for a venture capitalist firm, New Enterprise Associates, that specialized in the investment of startup medical device companies, which has invested $14 billion in over 500 companies, including the development of the very controversial permanent birth control device, Essure.
MEDICAL DEVICE MANUFACTURERS ARE NOT HELD ACCOUNTABLE
Another misconception addressed by The Bleeding Edge is that the FDA has the data it needs to regulate or recall medical devices. Some safety issues with a device do not become apparent until after the device is already on the market. In these instances, a manufacturer has an absolute obligation to monitor and report such safety issues (adverse events) to the FDA. If enough adverse events are reported for a particular device, the FDA will then decide if the device needs: further safety testing; stronger warnings; or to be pulled from the market altogether. However, if the FDA is unaware of the adverse events, it cannot make the decisions necessary to protect us. The disturbing and unfortunate reality of the situation is that only 3-4% of adverse events are reported by device manufacturers, and the more severe an event, the less likely it is to be reported. Thus, the whole idea of the FDA relying on a company to essentially “tell on itself” when something goes wrong with a device, when billions of dollars of profits are at stake, is not only counter intuitive, but a system that completely fails the American people.
Leaders in industry argue that to impose stricter regulations on how medical devices are approved, is to stifle innovation. However, as Bleeding Edge explains, the aim of regulation is not to stifle innovation, but to call real attention to the safety risks that these newer and “innovative” devices pose to patients. After all, innovation doesn’t necessarily mean better. It means “massive adoption of new technology with little evaluation of the outcomes”, or “putting untested devices on the market.”
HOW THE YOST LEGAL GROUP CAN HELP
For years the attorneys at The Yost Legal Group have litigated cases against device and drug manufacturers all in an effort to not only bring awareness to the same issues addressed by The Bleeding Edge, but to hold those same manufacturers accountable for the devastating injuries they have caused our clients. Presently, our firm is involved in the following litigations against various device and drug manufacturers.
- ESSURE PERMANENT BIRTH CONTROL: Currently investigating cases against Bayer, involving women who have had to have a hysterectomy following their implantation of the permanent birth control device, Essure.
- HERNIA MESH: Currently investigating claims against several manufacturers, including Johnson & Johnson, C.R. Bard, and Atrium Medical, on behalf of individuals having suffered serious complications from synthetic mesh implanted during hernia repair surgery.
- IVC BLOOD CLOT FILTERS: Currently investigating cases against device manufacturers, C. R. Bard, Cook Medical, and Cordis, involving individuals having suffered serious side effects, including death, following their implantation of an IVC blood clot filter.
- SMITH & NEPHEW HIPS: Currently investigating cases against Smith & Nephew, involving individuals who have had to have additional hip replacement surgeries following their implantation of the Birmingham Hip Resurfacing (BHR) System, or the R3 Acetabular System, both of which have multiple components made of cobalt chromium metal.
- STRYKER LFIT V40: Currently investigating claims against Stryker, on behalf of individuals who have had to have additional hip replacement surgeries following their implantation of the Stryker Rejuvenate Modular Primary Hip System, the AGB II Modular Hip System, or the LFIT V40 femoral head, all of which contain metal on metal components.
- MIRENA IUD: Currently investigating cases against Bayer involving women who have been diagnosed with intracranial hypertension following their implantation of the intrauterine device (“IUD”), Mirena.
- DIABETES MEDICATIONS (Januvia, Janumet, Tradjenta, Byetta, Victoza, Onglyza, etc.): Currently investigating claims against various manufacturers, on behalf of individuals having been diagnosed with pancreatic cancer following their use of medications belonging to a class of drugs known as incretins (Januvia, Janumet, Tradjenta, Byetta, Victoza, Onglyza, etc.), prescribed to treat type 2 diabetes.
If you or a loved one has been injured as a result of a faulty medical device or defective drug, The Yost Legal Group may be able to help. Our team of experienced legal professionals is here to offer you free, individual consultation. We serve as the voice of our clients to hold Big Pharma accountable and obtain the justice each one so rightfully deserves. Call The Yost Legal Group (1-800-YOST-LAW) today. Let us be your voice.
The single most pressing question lawyers receive on a daily basis is: what makes a strong personal injury claim? While it is worth bearing in mind that the details of each case are always different, and no two cases follow the same blueprint, there are some common factors that strengthen a personal injury claim.
Lawyers for a medical mistake, birth injury or serious car accident will look for the presence of negligence, clear injuries, liability, and significant personal loss or expenditure. Without any one of these, the claim can fall apart. But if your case has evidence of all of these factors, it is likely a strong one. Here are some other factors that go into building a strong personal injury claim.
Firstly, the basis of a personal injury claim is just that: personal injury. If you did not sustain injuries, there is no ground for a claim. When evaluating a claim, your personal injury lawyer will determine the permanency of your injuries, the impact it has had on your daily life, and the impact it could have on your future. If your injury has been a major disruption or led to lasting damages, the claim is stronger than when the injury is likely to heal without lasting effects.
When it comes to proving liability, speed is of the essence. If you do not visit a doctor right away and contact a personal injury lawyer at the earliest possibility, it could harm your case.
This is especially important in car accident cases. Your lawyer will need to act quickly on your behalf to ensure that the vehicle which caused the injury is not destroyed and can be used as evidence to build up your case. If there is an event data recorder on the vehicle, often referred to as a black box, it is essential that the data is retrieved at the earliest opportunity before it can be tampered with.
A Neutral, Third-Party’s Testimony
If a neutral, third-party is able to testify that the injuries sustained were a direct result of negligence, it puts the liability squarely on the accused. A police report, for example, which states that you sustained a spinal injury at the scene, and there was extensive evidence that the liable party’s car had just rear-ended your own vehicle, would be a strong indication of liability.
This is an often-overlooked factor that can strengthen or weaken a claim. The fact of the matter is that your personality and character could be called on as evidence. If you have no insurance claims on your record and have been polite, cooperative, and truthful with everyone involved in your case, this can boost your claim.
However, if you have come across as greedy, argumentative, and rude, or if you have an extensive criminal history with a large number of insurance claims, it can seriously damage the integrity of your claim.
Building a strong claim is like completing a jigsaw. You build a jigsaw out of lots of interlocking pieces to create a big picture. In your personal injury case, you need to be able to show the bigger picture. You may not have all the pieces, but the more that you have, the clearer the bigger picture will turn out. Being thorough and ensuring you have acted with these four deciding factors in mind, you will be able to demonstrate your grounds for compensation convincingly, and therefore build a compelling case.
Motorcycle accidents occur 28 times more often than cars, even though motorcyclists only make up roughly 5% of all drivers.
When you drive a motorcycle, you can never let your guard down. If you do get into an accident, you need to make the right steps to protect yourself.
This article is going to walk you through the 5 things you need to do after a motorcycle crash.
Read on to learn more!
1. Safety First
You should always do your best to avoid careless accidents by following these rider safety tips. One of the most common causes of motorcycle accidents is being in a driver’s blind spot. If a car swerves into your lane without seeing you, it’s possible for you to get major injuries. Common motorcycle accident injuries include road rash, broken bones, facial disfigurement, and burns.
Your health is a priority, so check yourself for injuries and ensure that you’re okay. If you can walk, make sure you can move away from the road. Don’t leave the scene of the accident before speaking to the police.
2. Call 911 After a Motorcycle Crash
Once you’re safely off the road, call 911 immediately to report the accident. Depending on how severe the scene is, police and paramedics may be dispatched. In some cases, a police officer might not be available if it is a minor crash.
Most times the police will be able to come, though. Speaking with them is crucial for building your case. Their job is to interview the drivers, any witnesses who can shed light on who caused the motorcycle accident, take photos as evidence, and document every detail of the accident for a police report.
Be sure to cooperate fully and never admit fault to the officer or the other driver. All of the information collected for the police report can and will be used in court.
3. Collect Information
Even if a police officer comes to document the scene, it’s always wise to gather your own evidence, too. Take pictures of the vehicles and any injuries you may have sustained.
Speak with the other driver only to swap insurance information. Don’t say anything else because they will try to use what you say against you in court. Be sure to write down the officer’s police badge number, the report number, all of the license plates involved, and any other relevant contact information.
4. Contact Your Insurance Provider
Informing your insurance agency as soon as you can after a crash is always best. Never admit fault and don’t be afraid to decline to answer certain questions. Your job is to only report the basic information of the crash for their records.
If they ask about personal or vehicular damage, tell them that you’ll provide the information after you see a doctor and mechanic. If you underestimate any damages, you can cheat yourself from rightful compensation.
5. Speak to a Lawyer
There are plenty of reasons why you should seek legal protection. Whether you need to prove your innocence or get more money from your insurance agency, an attorney can be your most helpful tool. If you need a Los Angeles motorcycle accident attorney, Ghozland Law Firm is dedicated to helping you win your case.
A motorcycle accident attorney will help you navigate the sticky communications between the police and another driver. They will use all of the evidence gathered at the scene to build a case that proves you were not at fault. This way, you can feel assured that you will receive rightful compensation for your injuries and your motorcycle.
Want More Legal Help?
If you’ve been in a motorcycle crash or any other accident, having the right lawyer is crucial. Halt Law Directory is your best resource for matching you with an attorney that suits your legal needs. If you have any questions about how our services can help you, please contact us.
If you have ever had the horrifying experience of being in an auto accident with a semi-truck then you know how dreadful the feeling can be and hopefully you found an 18-wheeler accident attorney. If you’ve never had that particular experience, it will of course still be dreadful and horrifying, however taking these steps can ease your anxiety and ensure that you’ll have at least a somewhat smooth or better yet, a not so horrifying experience.
Here are 5 vital steps to take after an accident with a semi-truck.
1. Get Medical Attention
If the accident you are involved in calls for any kind of medical attention then you should do this right away. You should make sure you do this first and foremost. Tending to any medical needs first can save you lots of pain and heartache.
2. Don’t Leave The Scene
If you are not seriously injured and you are able to remain at the scene of the accident on your own volition then making sure you and the other party or parties involved remain there is paramount to keeping yourself out of legal trouble and avoiding added points to your driving record. Remember to wait until either police or the first responders tell you it is now okay to vacate the accident scene. However, while staying at the accident scene you should first move to a safe place near where the accident or incident happened.
3. Make The Call
If you happen to be involved in an auto accident that results in personal injury or death, you are required to notify the police. You should do so by calling 911 to give them the details so they can dispatch a police unit to take stock of the scene and collect evidence etc.
4. Take Down The Information
When the police arrive they will take down all of the vital information from both parties and subsequently file a police report. However, you should take down your own information such as the truckers name and contact info. As well as their drivers’ license and license plate number. You should also get the name of the company he or she works for. The insurance number of the trucking company and another important piece of information that the average person would never think about is to get the U.S. Dept. of Transportation serial number.
5. Statements and Photos
A couple last things to mention and remember are to take several photos of the all the motor vehicles involved along with any injuries debris and any other pieces of the scene you think necessary in telling the story of what happened before, during, and after the accident.
You should also get statements from witnesses if anybody saw what happened and stopped to help. When you do take down the statements you can choose to write them or do a simple video interview on your phone if the witness or witnesses will let you. Don’t forget to get their contact information as your lawyer will need to get in touch with them at some point.
When you’re the victim of a semi-truck accident, it’s natural to wonder what to do next. When you understand the law and how the legal system works for accident victims, you can do the right things to protect yourself. Here are the answers to five common semi-truck accident questions:
Is Indiana a no-fault state?
Indiana is an at-fault state for semi-truck accidents. Because Indiana is an at-fault state, you can bring a claim for recovery any time the semi-truck driver is legally liable for your injuries. There are no special rules about collecting first from your own insurance or any requirements about certain types of injuries. You can seek compensation from the semi-truck driver any time they’re legally responsible for the accident.
What do I have to prove to win?
To win your case, you show that the semi-truck driver caused your injuries by driving in a negligent, reckless or intentionally harmful way. You don’t have to prove that the other driver caused the accident on purpose. Instead, you have to show that the semi-truck driver acted without reasonable care and caution in a way that caused your injuries. Because they drive large vehicles for commercial purposes, semi-truck drivers have very high standards to drive carefully on the road. If they’re not careful and the result is that you suffer injuries, you may receive compensation.
What if I might have done something that added to the accident?
It may still be possible to bring a claim for compensation after a semi-truck accident even if you think your actions may have contributed to the accident. Under Indiana law, you can still win compensation as long as you’re not more than 50 percent to blame for the crash. You can present evidence at trial in order to explain the events leading up to the accident to the jury.
Can I still bring my case if there’s a criminal case?
A semi-truck accident may result in a criminal case against the semi-truck driver. The driver may face charges of drunk driving, reckless driving or other criminal offenses. Even if the state’s attorney brings criminal charges against the semi-truck driver, there are several reasons to pursue a civil claim in addition to the criminal charges.
The standards for proof are different in criminal and civil cases. You can win your case even if the driver doesn’t receive a conviction for criminal charges. In a civil case, you control the presentation of evidence. In addition, there are broader categories of damages that you can claim in a civil case than are available to a victim in a criminal case.
Is there a way to hold the driver’s employer responsible?
The best course of action may be to bring a claim against the driver and their employer. Corporations who employ semi-truck drivers have a duty to employ safe drivers. They must make sure their employees are qualified drivers and that they employ safe practices like getting enough rest. If the employer’s failures led to the accident, the employer may be liable as well as the driver.
Navigating after a semi-truck accident
A semi-truck accident can be a life-changing experience that leaves you frustrated and confused. Indiana’s at-fault system allows victims to seek compensation when they’re hurt because of a semi-truck accident. Your time to bring a claim may be limited. General legal principles of negligence apply to semi-truck accident cases. In some cases, the driver’s employer may also share legal liability.
Being involved in a car accident can be very traumatic, even if nobody is injured. Various laws are in place that determine who is responsible for any damage, whether it is personal or property. The area of law that relates to car accidents is negligence, which is governed mainly by state law. This means that the small details can vary from location to location, however, there are four basic principles that apply when it comes to compensation. Wherever you live in the US, it is the elements of duty, breach, causation and harm that must be proved.
What is Meant by Duty?
This refers to the duty every driver has when driving a vehicle on the highway. They are legally obliged to follow the rules of the road, and also have a legal obligation to operate their vehicles in a reasonable manner. In other words, they must drive safely, at a safe speed, be aware of their surroundings, obey traffic signals, and use their headlights and blinkers when required. There is very little that can be argued when it comes to duty.
A Breach of Duty has to be Proven
It must be proven that the defendant was in breach of their duty, which can make the legal proceedings much more complex. Proof can be provided in several ways, such as:
- Direct evidence
- Statements from witnesses
- Video surveillance
- Admission of guilt
- Circumstantial evidence, such as skid marks on the road and paint smudges.
What is Causation?
It is not automatically assumed that the defendant’s actions caused the plaintiff’s injuries. The plaintiff must prove causation. In relation to a car accident, this proof is provided by medical testimony. They will show that the injuries were not present before the accident and that they were caused by the crash. Harm also has to be shown to have occurred, and a ‘near miss’ will not be eligible for compensation. When all the above has been shown, the plaintiff can ask for compensation, which could be to cover the loss of wages, medical costs, pain and grief.
What Should You Do after an Accident?
Many of us wouldn’t know what to do in the event of an accident, however, it’s in your best interest to learn, especially because statistics show that it is likely to happen at least once in your lifetime. Remember to fill out an accident report so it shows up in the ppsr REVS check.
After the event of a car accident, never admit to being at fault when questioned. Even an apology to the other driver could be used against you. Getting in touch with an auto accident attorney is important because they will be able to collect the evidence you have gathered and use it to your advantage. If you’ve got your smartphone on you, make a video of the scene, both close up and from a distance. Keep a note of the police officers who attend the scene, as you will need copies of their reports later. Also exchange information with others involved, such as insurance details, phone numbers, names and each other’s address.
Being involved in a traffic incident is stressful enough, and if you don’t take the right steps and understand what is required of you, it will be even more upsetting in the long run. If the accident wasn’t your fault, you will be entitled to compensation. However, only an experienced lawyer will be able to help you recover the cost of the damage.
6 million car accidents happen every year in the US. With these startling figures, it’s likely you’ll find yourself involved in one at least once during your lifetime. However, not all of us understand or know what to do if you’re involved in a car accident, and being left unprepared can have drastic consequences, from not getting the right information from the other parties involved, to not collecting enough evidence of the scene. Although many of us will suffer from shock in the event of a crash, you need to learn the steps to take if it were ever to happen to you.
Step 1: Stop
If you’re at fault, then the urge to drive away from the accident may be strong. You should, however, stop and stay there, even if it’s a minor accident. If a person has been injured, call for an ambulance. You should also call the police if there is any obstruction to the road. What’s more, if you need to file a claim with your insurance company, you will need a police report.
The vehicles that are involved in the accident must stay where they are, unless they are interfering with traffic on the highway, and you and the other drivers involved should put their flashers on so that other drivers coming your way are notified of the accident. If the accident happens at night time, be sure to try and light up the accident as much as you can.
Step 2: Make a Record of the Scene
No matter how minor the accident is, be sure to make a record of the scene so that the evidence can be used if it were ever to go to court. Take photos on your cell phone, and gather the information of the other drivers. You should exchange the following information: name, address, phone number, policy number, insurance company, driver license number and the license plate number.
Photos can be used when the police arrive and submitted as evidence to insurance companies if there’s a dispute as to who is at fault. If the accident is serious and you have been injured but are unsure how to move forward, be sure to contact an Orlando car accident attorney for guidance and advice. Evidence of the scene will be crucial to the case if it were to go to trial.
Step 3: Contact Your Insurance Company
You should contact your insurance company and notify them of the accident as soon as possible. This is vital because your policy may have a clause in it that requires immediate reporting. You may be able to recover the cost of medical bills if you have this cover in your policy.
Step 4: Get Medical Attention
This is vital, unless you are certain you’ve not been injured. However, do bear in mind that some injuries will not become visible until a few hours or even days later. Even a very minor impact can cause spinal damage. You may also have suffered a concussion if you briefly lost consciousness.
A car accident can cause shock and even PTSD if the event was serious, however, whether you were at fault or not, be sure to follow the steps listed above. Hire a professional attorney and ask for their help in the matter, and report the accident to your insurance company. If you’ve been injured, then you need to seek medical attention.
The cases of personal injuries arise when someone gets injured resulted from the negligent or intentional acts. Talking about personal injuries, it is divided into two parts, i.e., physical injury and psychological injury. Physical injury can be raised due to the traffic accident, injury at work, or injury caused by other intentionally. Psychological injuries cause stress. If you are not getting proper treatment or vaccinations in hospital, then this can also be treated as the psychological and physical injury.
“On the other hand, serious personal injuries can result in very high costs. You may need immediate treatment for the injuries, but the treatment can be very expensive,” according to Tsion Chudnovsky, a Spanish speaking personal injury lawyer at Abogados de Accidentes. “U.S. tort laws give you the right to file claims for full compensation and register a case against the wrongdoer.”
For this, you may need to take help of a personal injury lawyer. The lawyer will help you to get the rights compensation that you deserve for your injury. The best personal injury attorney will help you in filing a personal injury lawsuit. There are some cases which are resolved in informal ways by settlement negotiations. If the case is a serious one, then that goes to trial. Generally, in the lawsuit, the person who suffers from the personal injury seeks a determination that the defendant has some legal faults and a determination of money which fair compensation for the injuries will be suffered.
What does the victim need to prove in Court?
The victim here must prove that he or she is innocent and the third party causes the injuries. The complainant must prove that the defendant owed a legal duty of care to the person suffers from injuries under the circumstances and also need to prove that the defendant has failed to fulfill legal duty by doing or not doing something that caused the victim to suffer damages and loss. For example, if you have faced a car accident happened due to the negligence of third party or the defendant, then you must have to prove that it was the fault of the defendant. You can file for a settlement or compensation.
Damages which can be considered as the personal injury
When you injured in an accident, you file a lawsuit for compensation. You are entitled to financial compensation for your injuries. The money is awarded for your pain and injuries. This is called as damages. As per the law, the defendant is responsible for paying damages to the plaintiff or the injured person, if the defendant is found guilty.
The common types of damages are compensatory damages which are paid to compensate an individual for loss, injury, or damages incurred from third party’s carelessness. In the field of personal injury, damages are awarded if there was a breach of wrong civil action. The applicant or the injured person get compensation based on the position of the damages.
However, in case of personal injury damages, it is divided into two categories, i.e., special damages and general damages.
Under the general damages, the injured party is compensated for their injuries by monetary aspects. General damages may include:
- Physical pain.
- Emotional suffering.
- Mental or physical impairment.
Here you must prove that these damages occurred as a result of the injury and not pee-existing conditions. After that only you will be entitled to get compensation.
Now, talking about special damages, the victim is compensated for the monetary losses suffered because of an injury caused by the third party. Monetary compensation can be awarded for many numbers of reasons. But some common reasons are:
- Lost earnings.
- Repairing or replacing property.
- Compensating for irreplaceable items.
- Covering extra costs associated with the injury.
In the case of repairing or replacing property and seeking compensation for any irreplaceable items, you must prove that your property was damaged in the accident or wrongful event caused by others. Otherwise, you may not ask for compensation.
Detail information about damages and compensation
Pain and Suffering:
You have the right to get compensation for your physical pain and mental anguish that you have suffered and will endure in the future because of your injury. Such damages also called as non-economical damages.
Medical expenses for treatment:
You have the right to receive compensation for all medical bills incurred in the treatment of injuries. You also can claim for the compensation for future medical treatment expenses.
Damages that lead to loss of earning:
You are also qualified to get monetary compensation for your loss of earning capacity due to injuries. Your earnings like lost wages or salaries, bonus, commissions and fringe benefits all are recoverable, and you can file a claim for this.
Loss of future is earning:
If you have lost your future earning capacity in an accident caused by the third party, you can file a claim to recover the value of your future earning capacity.
Damages lead to wrongful death:
Damages for wrongful death claims are available for your wife, parent, and child. The persons connected by blood or by marriage, who is depended upon the deceased, can ask for rightful recovery.
Its related to marks or scars caused by injury. You can file for compensation associated with deformity.
Injury leads to damage to the marital life:
Sometimes, serious injuries can damage the marital relationship. If such situation arises, you have right to recover for assistance, conjugal, loss of sexual relationship and affection.
Harm to the personal property:
For example, if you faced an auto accident and your vehicle gets damaged, you are entitled to recover the cost. If the vehicle is destroyed, you can ask for replacement cost. Apart from that, you may recover the cost of alternative transportation incurred while your vehicle is being repaired.
Where to file personal injury lawsuits and what are the after that?
Generally, all the personal injury lawsuits come under state court’s jurisdiction of the country, where the damages or injuries have occurred. If the parties in a personal injury case live in other states, then for such cases the personal injury lawsuits can be filed in the federal trial courts.
Here, the lawyer of the victim develops a legal complaint which will contain all the allegation and then register the case with the required court. After that, the lawyer gets a summon from the court where the case is registered. Then the lawyer gives a complaint, summons and a list of damages on the defendant. After that, the defendant will be given 30 days to submit the answer. If the defendant fails, the victim can seek a default judgment against the defendant.
However, if the defendant has submitted the answer, the attorney of both the parties, i.e., the victim and the defendant will start the further legal proceedings. Both the sides will be called for interrogation to know the facts about what happened, who is at fault and what is the measure of the damages. The lawyer of the defendant will be given the copies of the medical treatment bills or damages bill, and the lawyer will determine if the total cost is reasonable. Sometimes, the defendant’s attorney hires experts to evaluate the nature of the injury and the expert will give an opinion the amount is reasonable or not.
The personal injury attorney may hire accident investigator to determine how the events at issue unfolded. Another important factor is the deposition. The lawyers for both sides will interrogate the involved parties and witness. The recorded facts and information are transcribed. That information is transcribed and can be used in for trial.
Information that the attorney will need from you:
- The date of the accident.
- Contact details of any witnesses.
- All the information related with the personal inures that you have and medical diagnosis and what type of treatment you received.
- Whether you have any insurance policies for a legal procedure or not? Such insurance can reduce your legal fees or expenses.
- Some evidence which can prove your earning loss and damages.
- Insurance documents which can cover your losses like health insurance and vehicle insurance.
- Documents related to any previous claiming case.
Personal injury trial period
During the trial period, the judge will analyse the evidence and witness and will decide who is legally responsible for the injuries of the victim. Then, the victim will be given a chance to present the case, and the defendant can try to refute that case. The defendant can submit the proofs related to the case to prove his or her innocence. Sometimes, the situation can arise like the defendant will admit the liability but will not agree with the nature of injuries and necessity of the victim’s treatment. However, after both side’s arguments, the judge will determine who is guilty and will inform the amount of money or compensation a defendant must pay.
How long does a personal lawsuit take?
Well, the duration of the case can vary with the cases. It is not possible to give a perfect answer about how long the lawsuit will take. There are some cases which take at least a year from the date of filing the complaint to get to settle, and some may take around six months. So, it is quite unpredictable. However, a personal injury lawsuit can take 2 to 3 years to get settled.
Factors that play an important role in personal injury verdict
The important factor that can affect in determining the verdict of a personal injury lawsuit case it the jurisdiction. Each jurisdiction follows different laws which are based on:
- The process of fault determination.
- How is the level of harm evaluated?
- What kind of personal injury is the person suffering from?
Some jurisdictions follow unique laws in the determination of evidence that are admissible in the court.
Is it possible to resolve the personal injury case before the verdict?
Yes, there are some cases which can be settled before trial verdict. As per the record, most of the claims related to accidents do not move to trail round as they are resolved through a settlement, outside of the court. Some cases are adjudicated before the filing of the lawsuit. However, to settle a personal injury lawsuit, the victim must give up the right to ask for further claims against the party with whom the victim is settling in exchange of money paid by the party or by the insurance company.
How much compensation is the victim entitled to get?
The value of compensation depends on the damages that you have received from the personal injury. The personal accident attorney can help you to evaluate the value by examining your medical treatment and medical bills. Each personal injury cases is unique. You can’t just follow normal calculation procedure to evaluate the damage. The attorney considers facts and circumstances under which the damages have occurred and then determine the perfect value of your compensation.
To win the case, your attorney needs to develop an adequate and simple method to present your case before the jury. The attorney needs to explain the laws which are related to the case with sufficient evidence. Your injury attorney will try the best to prove that the defendants should be held liable and will offer compensation to the victim for the damages that the defendant has caused. Well, it may sound very simple but, the process is very complex and can be very lengthy.
Some attorney uses video and audio aids to assist the case at trial. It can strengthen the case. Nowadays, most of the judges prefer to go with audio and visual aids. Photos of the accident and videos of events help the judges to understand the issues. Don’t start the case with boring practices or monotonous questionnaires. Such method will not help you to prove your case.
The most important thing that your injury attorney should do above all is to give you a fair assessment of your situation. If the attorney doesn’t think that the case is strong enough to go to court, the attorney will inform you that. If your case is solid and you have the proper evidence, the lawyer will, and the case can be settled in few months.