It can happen at any time. You could be walking home from work. Or enjoying yourself at a party when danger strikes.
Perhaps the perpetrator breaks into your home. Or the attack occurs at the hands of your babysitter.
Whatever the situation a sexual assault is not your fault. But there are steps you can take after an assault; since the law is on your side.
Below you will find tips on how to report sexual assault.
Here’s How to Report Sexual Assault
No one knows when a sexual assault will occur. But it’s important to remember this helpful information about reporting the incident. By taking action afterward, the chances of catching the perpetrator increase. Plus collecting evidence strengthens your case.
Call for Help
When you’ve been sexually assaulted please call the police. By contacting 911 you’re starting the process of healing.
When speaking with police dispatch be sure to give the address or surroundings.
Try to give a physical description of the attacker, if you can. Try to remember the perpetrator’s clothes and significant smells. Tell them if the perpetrator left on foot or by a car. Or did the perp have any weapons?
Let them know if you have injuries so they can send an ambulance.
Seek Medical Attention
Receiving treatment for injuries of a sexual assault is crucial. Throughout a sexual assault forensic examination or “rape kit”, the evidence collection occurs. Sexually transmitted disease screenings get performed during your medical visit.
Medication to prevent STD’s and pregnancy is available if administered after the assault. But the availability of the medication depends on your state.
How Long Do You Have to File a Police Report?
With any crime, time is of the essence. Evidence deteriorates, witnesses are unavailable, or time runs out. Every state implements laws that restrict the time on taking legal action for a committed crime. But there may not be a time limit for reporting the crime. Check with your state for more information.
Statute of Limitations Varies
The statute of limitations is the period in which a person can start legal actions. Once a statute of limitations expires the case can’t be prosecuted.
To increase the likelihood of your case getting prosecuted, report the charges as soon as possible.
Child Victim Cases
Child victim cases differ from adult cases. When the victim is a child, there may be no statute of limitations. Or the statute of limitations may not start until the victim turns 18 years old or the crime gets reported.
Deterioration of Evidence
When evidence gets collected from the victim, it gets sealed and preserved. Yet, how well the DNA sample gets preserved, impacts how long it lasts. If a sample endures exposure to the sun, heat, or water, it degrades faster according to Livescience.com.
Thus making it inadmissible in a case. So seeking justice for the crime should start right away.
Should You Press Charges?
Deciding to press charges against a perpetrator isn’t easy. A victim should weigh the pros and cons of pursuing legal action.
Before a person decides to press charges, it’s good to know the statistics.
According to Rainn.org, “Out of every 1000 instances of rape, only 13 cases get referred to a prosecutor, and only 7 cases will lead to a felony conviction.”
Does this mean a person shouldn’t seek justice for their assault? Of course not. However, a victim must go into the process with this information.
A victim should consider the outcome if the state presses charges.
The State Isn’t Moving Forward with the Charges
There is no guarantee a guilty verdict will occur if a case gets prosecuted. Sometimes there’s difficulty proving a case, because of minimal evidence, an unidentifiable perpetrator or other issues. For these reasons, the state can decide to not press charges.
The State Is Moving Forward with the Charges
If the state believes there is enough evidence to pursue a conviction, they can press charges. But the victim must understand what awaits her or him.
Sexual assault cases can get resolved through a plea bargain or go to trial.
A plea bargain occurs when the prosecutor and the perpetrator’s lawyer agree the perpetrator will plead guilty to the charges. In exchange for the guilty plea, there’s often a lighter sentence. By agreeing to a plea bargain, deal the victim doesn’t need to testify.
If the case goes to trial, prepare to testify. Your attorney will help you prep for sitting on the witness stand. But understand you will discuss details of the assault which can make you feel uncomfortable.
Consider getting therapy to cope and heal from your traumatic experience. Having a strong support system in place is crucial while dealing with the aftermath of a crime.
For information on victim protection laws for your state, please visit the Office for Victims of Crime website.
Speak with Legal Counsel
Victims should consult with the prosecutor. The prosecutor knows the steps of a criminal defense case. He or she will explain the laws, discuss the evidence, and answer any further questions the victim asks.
If you or someone you know gets accused of a sexual assault, speaking with an experienced criminal defense attorney is key. A criminal defense lawyer will use their expertise to fight for you.
Are You Ready?
Learning the steps of how to report sexual assault is important. Whether you or a loved one has been assaulted, knowing how to help the victim shows support.
If you need legal representation, please use our free directory to search for an attorney in your area.
It is not too difficult to find a motorcycle accident lawyer with so many options available. But if you are stuck with a bad lawyer who is in it only for the money, you are going to waste a lot of your precious time and money. Here are a few things you need to keep in mind, while looking for a best motorcycle attorney:
Look for a lawyer who has already won a motorcycle injury trial
Handling a motorcycle injury case is not the same as handling a car accident. Lawyers need to have the right skills and techniques to win these cases. They should be able to beat the arguments that the insurance company lawyers use to switch the blame on the other side. Not every personal injury attorney might be confident enough to go to a motorcycle injury case trial. Most of them try settling their cases with the offers given by the insurance company. If you are stuck with one of these, you know you have been taken for a ride. So make it a point to look for an attorney who has already won a motorcycle accident case at a trial.
Make sure the personal injury attorney is Board Certified
Board certification in personal injury trial law is one of the most important things you need to look for, in a motorcycle attorney. Such lawyers would have passed a tough examination to gain the knowledge and experience required to handle personal injury cases. They would have tried to verdict a couple of personal injury cases and come with recommendations from opposing lawyers and judges.
Go Through Their Client Reviews
Like in any other case, reading reviews from the actual clients of the lawyer is very important while choosing a best motorcycle attorney. Just run a search on the lawyer’s name on Google to gain access to such reviews. Find out what their past clients think of them. You should ideally go with a lawyer who takes time to understand your case, is ready to face challenges on your behalf, knows the legal processes that he has to deal with, and has the patience to answer all of your questions about the case. Make sure the lawyer treats you with courtesy and respect.
Look for a lawyer who has the time to handle your case personally
Most complaints about lawyers are that they never return calls or communicate to the clients about the latest updates on the case. Such a lawyer might be of no use to you. A good personal injury lawyer is one who takes time to handle every case personally, from the start to the finish. You don’t want to be stuck with one who passes cases to other lawyers or younger associates. You need the best.
Hiring a lawyer to file a motorcycle injury case might be easier than you think. But it can be very tough to get rid of one, once you sign the contract. Try your best to make sure the lawyer you are hiring is the best one who can represent you. It is always better to be safe than sorry.
Enduring the loss of a loved one due to medical malpractice is a painful experience. Besides the grief of unexpected death, families are left with their trust of healthcare professionals altered forever.
One option for families is to file a wrongful death lawsuit. Not only can successful litigation help recoup significant financial losses; it can also bring survivors a sense of closure.
Do you have a case for a wrongful death suit due to malpractice? Read on to find out what you should expect.
Who Can File For Wrongful Death?
The closest living relative of the deceased will often be the one to file. This could be a spouse, parent, or child. This person should also be the administrator or executor of the departed’s estate.
It’s important for the surviving family to agree on a representative to act on the deceased’s behalf. Should there be a dispute as to the chosen representative, a court of law may have to resolve to appoint someone.
Who Is Liable?
Both hospitals and doctors hold potential liability in malpractice cases. Each state has unique laws on medical malpractice. Which party is responsible will rely heavily on the specific situation that led to death.
Medical mistakes are now the third leading cause of death in the US. The umbrella encompassing those responsible is a large one, so there could be many potential defendants in a wrongful death suit. You can read more here about who can be guilty of medical errors in this article from the Law Office of Scott D DeSalvo.
What Damages Can I Claim?
Each state has rules on what damages can be recovered in a wrongful death case. In general, though, there are a few different types of damages that a deceased’s family is eligible for.
Customary damages can be lost earnings and employment benefits caused by unresolved illness. Medical bills and funeral expenses are often covered as well. Some states also allow a dollar amount to be placed on the pain and suffering of the deceased and their family.
If the deceased was a financial supporter of plaintiffs in the case, damages may also be awarded to offset the loss of support and income due to the untimely death. The burden of proof falls on the family to show that they were financially supported, and by how much.
Repayment of the deceased’s “expected contributions” might include college tuition, spousal support for the widow or widower, and other long-term payments.
Contact a Wrongful Death Lawyer
If you’ve lost a loved one due to medical error or negligence, you have a short window in which to file for legal action. Prosecuting the responsible party can ease the financial burden of funeral expenses and protect the family from losses in income and assistance previously provided by the deceased.
Navigating the restrictions of medical malpractice laws can be confusing, especially for a family still grieving. Wrongful death suits are best handled by a law professional with experience in criminal malpractice.
If you need help finding someone to represent your case, check out our guide on how to find the best medical malpractice lawyers.
Affiliate marketing is one of the most popular means of entering into marketing for both websites and their affiliate companies. Even though this is a popular way of earning money, there are still some pitfalls that you need to examine in order to not fall astray when it comes to paying your fair share of money. Here’s how you can get involved in affiliate marketing without getting punished.
Read a Contract and Sign It
The first thing that you need to do if you’re going to be successful with affiliate marketing is to read and sign a contract before you start the affiliate process. This is true whether you are an affiliate or a company. You need to have specific terms of your deal spelled out so that you have the permission to act according to the contract without extending beyond it. Otherwise, you can fall prey to unfavorable tactics by people that are supposed to be helping you expand your business. A contract gives you a legal document that will protect you from unfair situations and illegal activity, so get one, read it, sign it, and get copies.
Use a Reputable Affiliate Network
A lot of people think that all affiliate networks are created equal. However, they are not. Some of them are going to be very reputable and will be known throughout the affiliate marketing world as being fair and upfront, like Topoffers.com. Others are predatory and will have you stuffing links into your site without paying you the right amount or bothering to show you the data you need to properly inform your choices. Shop around and make sure that the affiliate network you choose to work with is known for going above and beyond their mandate as your partner.
Track All of Your Income
The biggest legal issues that people run into when beginning affiliate marketing is tracking income. They don’t receive or keep track of the amount of money that they have spent or earned with regards to their affiliate business. This can only spell trouble down the road because you have no idea how much money to report to the appropriate authorities or how to pay taxes on it. Tracking your income requires that you have to keep records so that it is completely traceable in the future. This is something that a good affiliate network can help you with, so the importance of such an entity is hard to understate. Yet, even with an affiliate network helping you manage and categorize your income, it can still require more work from you: reporting the income.
Report Your Income and Pay Taxes
The final thing that you need to keep in mind with regards to affiliate marketing income is reporting the money you make so that you can pay taxes on your earnings. Some people think that unless they make a lot of money, they don’t have to pay taxes. That could not be farther from the truth, and it will eventually catch up to you. You must report all of your income to the proper entity in your country and pay taxes on it. Otherwise you will likely be found and subjected to additional penalties on top of what you already owed.
As you can see, there are a lot of different ways that you can avoid the most common issues associated with the legality of affiliate marketing. It all starts with signing a contract, using a reputable network for affiliate marketing, and making sure you track your income. They are basic steps that too many people overlook. Make affiliate marketing work for you instead of becoming a burden and you’ll have a great experience!
Frequently judges order that suspects get GPS bracelets during probation and pre-trial release. Even though the clients who agree to wear the bracelets avoid continued detention. Well, it is customary that there is some punishing effect in the end. You may get additional arrest warrants, needed for frequent court visits, and charges of tampering. If you think that you need a professional to assist you get out of the injustice being practiced, as per Milwaukee criminal defense attorney, Matt Meyers people are likely to get preventable problems without doing anything wrong. Often, the devices can add up to the defendant’s fault, and severe penalties result. The article highlights the concern about ankle bracelets having microphones.
How Do Ankle Bracelets Monitoring Work?
The device, GPS ankle bracelets, are often used as a correction system that monitors offenders actions without the need for permanent detention. Many times the bracelet denotes the period between trial and imprisonment. At the same time, this allows an individual to continue with the regular life but with limited undertakings. Well, there are many types available that suit every kind of offender.
The truth is, in addition to the well-known features, GPS ankle bracelets have added communication and sensor devices. For example, a drug convict may get the type that occasionally monitors the sweat produced to tell the degree of soberness. Sometimes, the tracker has a two-way sensor system. With this, the correctional officers can notify the wearer not to go beyond the limit of the safe zone. The monitoring system as well sounds an alarm in case the offenders remove the anklet, to avoid escaping attempts.
The design of the electronic monitors calls for all time wearing as the device is tamper-resistant. It has radio frequency indicator that communicates to the monitoring station. The programming may allow you to have some freedom in a specific area, and the functions alert the officers should let you go beyond the region. So, the conditions differ among individuals while some get forced to stay indoors for the whole period of the sentence. On the other hand, others get allowed to travel or work or travel within the community.
Ankle Bracelets Rules and Limits
If the court demands you to have an ankle bracelet, you must understand the usage of necessities, rules, and also restrictions. The discussion continues to heat up. However, it is vital to remember some truths about what the monitoring system is capable of doing or not. The trackers help offenders who desire to get back into society. The device also can spare the suspect, from probing or jail time and work on release programs. Some convicts may serve the in-house sentence while wearing the designed ankle bracelet. The restrictions consist of:
- signal interference if the user needs to stay within the home
- No taking drugs or alcohol and give in to drug testing
- Pay some fees during use and fines should you fail
- Visit your parole officer every week
- Submission to all the supervision conditions
When you appear in Court, the Judge tells the person convicted the assumed violation. In case the individual denies the allegation, the Court can jail the person with or minus bond awaiting a further hearing. If you do not adhere to the rules, for instance, you decide to go beyond the designated distance or remove the device; authorities will come to your house. You could violate the sentence, and as a result face consequences like:
- Get in prison without an arrest warrant at anyplace you get caught
- As an alternative of getting arrested, the Judge can give a Notification to Come to Court
What is the Furthest You Can Go With an Ankle Bracelet?
Offender tracking system got introduced sometime back in the US. And now many countries continue to accept implementing the structure together. There is a centrally located computer which assembles the information from the installed monitoring device. The program works only for sentenced criminals undergoing work-release sentences or on trial and suspects awaiting a hearing.
Dependent on the exact terms prearranged for you for house arrest, a schedule will get set for you. With this, you only get permitted to move from your residence during sometimes. For instance, when going for employment and additional accepted activities, like grocery buying or visiting the church. The rest of the times, you must remain in the specified range of the designed monitoring equipment.
What If Your Ankle Bracelet Monitor Vibrates?
The difference in kinds of ankle bracelet monitors also means diverse capabilities. Some vibrate when the supervising officer tries to connect with you. Should this happen, then follow the provided instructions to declare the receipt of the communication. In case it vibrates, and you did not get instructions, you need to inform your controlling officer instantly. If you assume such an event, then you are likely risking the device and your life.
Indeed, the system may malfunction, or you could get accused of breaking the agreed terms. You should never try cutting off or removing your ankle bracelet monitor. Taking out or interfering with the monitor is known as a third-degree crime. The act is illegal and means about five years imprisonment, paying up to
$5,000 payment, or both. Remember the warning signal not only gets detected by you but also the officers who control it.
Can Your Ankle Bracelets Hear You Every time?
Another easy way of making the offender monitoring system involves including a fixed-line phone. The leading part of the tracking means it is to prove the criminal’s agreement to the rules. The person needs to have the ankle bracelet on at all the time. In such a situation, the monitoring computer will call you at home or work. The server has a speech recognition software which detects who has received the call. N case the criminal is absent, or somebody else picks up the phone, such fraud gets discovered, and the parole officer gets notified.
The type, however, works well for possibly violent soccer criminal sentenced by the court to remain indoors during club’s games. The system makes calls any time and repeatedly. Voice recording might not help, so
the device opts to ask random questions to confirm the real person. The monitor gets programmed to maintain the communication with officers to prevent rule violations. The notifications are enough to tell you that you get heard from the other end.
However, you need to be careful since signal loss although a common incidence for many people, can lead to broken connection. The device’s batteries need regular charging to keep charge the whole day. Failure to do this may force you to go back home and plug in the wall outlet. Some offenders have stayed in jail due to the hard moments like during power loss.
Who Holds Your Recorded Information?
The ankle bracelets are enclosed, a waterproof device more prominent than the sports watch. Well, a receiver gets installed in the monitored criminal’s house by the authorities. The sensor will detect and send signals the anklet captures within a particular programmed range. The extent of the distance can get prolonged to include some part of the area that you reside in or get a full allowance.
The monitoring systems have GPS navigation control to determine the moves of the person. All the collected information of your movements gets transferred to the central computer server. But the question is who has access to all the tracked data? Mostly, the details go to the corrections department, but other law enforcement team can access it too. In some instances, the hired monitoring company has the data.
What Should You Do To Avoid Problems
For a criminal to be on the safe side of the law, your movements need to conform to the specific time plan or set court requirements. If you have the chance to leave home during the day for work purposes, then the systems will ensure you take a direct route until you get back home or to jail. In case, you go beyond the limits; a warning gets sent to you.
The ankle bracelet will vibrate, and it is possible to receive an alarm also. The GPS feature, although works depending on where it got activated, and sometimes gets on without notice. Thousand of people in court, however, feel the device and technology violates the privacy of attorney-client relations. There is no privacy with this since even your personal and private chats get heard and recorded without your awareness and a court warrant. Such recordings can open another case for you and can act as substantial evidence against you. So, to avoid the consequences you must be cautious of what you do or say. The microphones are listening and can send you back to jail.
Finally, the first-time and non-violent suspects, jailing is not an ideal sentence. The best alternative is either a house arrest or monitored device, ankle bracelets. The system can watch all your activities and can make a call. If the phone gets answered, the central computer receives a notification which is accessible by the authorities. Indeed, the device can hear you and record whatever you say.
There are many related restrictions, and failure to comply can lead you to prison. Understand the way the anklets work and find it better when you abide by the rules. Keep in mind the golden rule, never attempt to tamper with the systems, you will lose reliability and the expected privileges. So, avoid getting back to detention.
Finding fault with others is precisely what you must do to earn compensation for injuries arising from some incident whether you slip on the floor of a shopping complex or hurting yourself in a car accident. The law is clear that when an injury happens to you due to someone else’s fault, then you have every right to seek compensation. The onus is on the claimant or plaintiff to comprehensively establish the fact that the injuries and damages resulted from the faulty or irresponsible behavior of the defendant. An injury lawyer can help you to lodge and pursue a valid legal claim for compensation by preparing the grounds to sue the offender.
Know if you have a legal claim
It is not that car accidents, or accidental falls are the only incidents when you can claim for compensation, but there are other instances like animal attacks for which you can claim compensation. The injury attorney can help you to get compensation by holding pet owners responsible for your injuries. Know your rights for claiming compensation for injuries and damages. Unless you can attach a value for the losses and substantiate it with documentary evidence by proving that the other person was responsible for causing injuries, you cannot file a claim for compensation.
Sources of compensation
From car accident cases to slip and fall cases as well as medical malpractice case, you can receive compensation from claim settlers of insurance companies or can file a lawsuit to maximize the compensation amount. The court settlementfor compensation of injuries is always much higher than what insurance companies would offer, but lawsuits take longer time often a year or more for closure. Incidents of animal attack and dog bite are either settled by insurance companies or through civil suits depending on the situation and circumstances. For injuries in the workplace it is not possible to file any lawsuit as it comes under the Workmen’s Compensation Act for processing claims according to the law.
You must make a case
When you file a claim for compensation for injury either with insurance companies or file a lawsuit, the onus is on you to prove that it was the fault or negligence of the other party that caused the injury. You must be able to prove that the person you are accusing of the accident had a legal duty towards you that he or she had breached, and the breach led to the accident resulting in injuries. You must have adequate materials to prove that the injuries made you suffer the actual damages for which you are seeking compensation.
Be ready with evidence
To successfully prove the element of your case and to convince the prosecution about the negligence of the defendant you must gather witnesses that speak for you. From statements of eyewitnesses to police reports and photographs of the scene as well as medical reports and bills and document in support of the loss of earning everything you need to place before the court.
Consulting an injury attorney will help to navigate the legal process and drive it in the right direction.
Lakota Denton has been selected to the Super Lawyers 2019 North Carolina Rising Stars list. Each year, no more than 2.5 percent of the attorneys in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.
The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country.
About Super Lawyers
Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. The mission of Super Lawyers is to bring visibility to those attorneys who exhibit excellence in practice.
The Super Lawyers lists are published in Super Lawyers Magazines and in leading city and regional magazines across the country. The Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law.
About Asheville Personal Injury Attorney Lakota R. Denton
Lakota Denton is an Asheville, NC Personal Injury Lawyer who focuses on recovering for injured people. The accident law firm handles personal injury claims from auto accidents, truck accidents, motorcycle accidents, bike accidents and all other motor vehicle serious accident matters.
Lakota has been practicing law in Asheville, N.C. since 2011. Lakota graduated Cum Laude from Western New England University School of Law in 2011. He is a member of the American Association of Justice, the North Carolina Advocates for Justice, the North Carolina Bar association, the American Bar Association, the National Trial Lawyers, and was awarded Top 100 Trial Lawyers by the National Trial Lawyers, the 2014 Top 40 Lawyers under 40, and the Avvo clients choice award. Lakota has also created multiple campaigns including the Asheville North Carolina serve safe drive safe campaign. Clients should feel that they are in very good hands when they hire the law firm of Lakota R. Denton as their Asheville personal injury attorney. If you have been injured in the Asheville, North Carolina area, contact Lakota Denton at (828) 333-5996 for a free injury consultation.
More than 2 million people suffer from whiplash in the United States each year. If you’ve been in an accident and been inflicted with a whiplash injury, you may be wondering if you’re entitled to whiplash injury compensation.
In this article, you’ll learn all about whiplash and whether you may be eligible to make a claim.
What is Whiplash?
If you’ve been in a situation and your head and neck were suddenly thrust backward and forward, you may have whiplash. This movement puts your cervical spine through extreme stresses due to the lightning-quick motions.
This force tears and stretches the tendons and muscles in your neck. Most of the time, you’ll recover within a few months. However, this will depend on your treatments which include exercise and pain medication, along with the severity of your whiplash. Some people experience ongoing complications and chronic neck pain.
Symptoms of whiplash include:
- Pain when moving your head forward and backward or from side to side
- Stiffness or pain when attempting to look over your shoulders
- Headaches at the base of your skull, radiating towards your forehead
- Numbness or tingling in your arms
- Loss of your neck’s range of motion
- Pain or tenderness in your arms, upper back, or shoulder
- Blurred vision
- Sleep disturbances
- Memory problems
- Difficulty concentrating
It’s important that you see a doctor as soon as you experience any whiplash symptoms or neck pain following a sports injury, car accident, or any other traumatic injury. That way, you can get an accurate and prompt diagnosis and rule out any other tissue damage or fractures that could also be contributing to your symptoms.
Do You Have Whiplash?
If you’ve been in an accident, you’ll need to file a police report. You also need to speak with anyone who witnessed the accident and exchange your insurance information with anyone else involved.
With whiplash, it’s not unusual to be pain-free immediately after the accident. Whiplash pain can take a few days to appear, which is why it’s a good idea to wait to settle the accident.
Even if you think you’re OK, be sure to visit the doctor as soon as you can after an accident. Get copies of the doctor’s records and observations, and keep all receipts.
If you’re diagnosed with whiplash, you’ll need to follow your doctor’s orders. Not only will this ensure that you heal as quickly as possible, but it will help when it’s time to claim for whiplash injury compensation.
Now is also the time to consider whether you need a lawyer. If you do use a lawyer, they can ensure that all steps are followed correctly and you receive any compensation you may be entitled to.
Your San Diego Injury Lawyer will also handle any contact necessary between any other parties’ insurers. And if you’re planning to file a personal injury lawsuit against the person responsible for your accident, it’s definitely a good idea to get legal representation.
Getting Whiplash Injury Compensation
Considering your neck is a relatively small body part, whiplash can be a painful and expensive injury. One of the most important aspects of making a claim? Doing it in a timely manner.
While your symptoms may take a little while to show, if the accident did happen months ago and you say you’ve been “living with the pain,” you may find that your insurer argues that the injury isn’t severe. This could mean that they provide you with less compensation or completely deny your claim.
Here are some things to consider when you’re looking for whiplash injury compensation:
If you’re making a claim through your insurance company, the company will use witness testimonies and crash diagrams to determine who is legally liable. If you were hit from behind, it’s likely that the driver who hit you will be found to be at fault. But the issue of legal liability can sometimes be difficult to determine.
Insurance companies will also look at how soon you sought treatment after the accident and to what extent that treatment was provided. If you were just taken to the emergency room immediately after your accident and didn’t have any other treatment.
If, however, you ended up having many physical therapy visits on the advice of a doctor, this will impact how much compensation you receive as it shows your injury needed more intense treatment.
Generally, the more severe your whiplash is, the more likely you are to receive compensation and the higher that compensation is likely to be. It’s important that you document both your whiplash injury and any other injuries you receive.
If your whiplash takes a long time to heal, it will be considered more severe and therefore more likely to receive compensation.
Whiplash can sometimes cause permanent damage. For that reason, even while your insurance company is handling your claim, you may need to look into disability and seek damages from the other party.
When it comes to whiplash injury compensation, insurance companies want to know how your daily life has been impacted by the accident. If you’re going about your normal job and day-to-day activities, you’ll receive less compensation than someone who has had their daily life massively impacted.
When you’re making a whiplash injury compensation claim, you can expect to speak to insurers multiple times. Your medical records will be requested, and if you had a car accident, an adjuster will want to see your car.
It’s important that you document everything if you think you may have whiplash. Keep track of any income you’ve lost, work you’ve missed, and receipts from medical appointments. Write a daily journal tracking drug usage, doctor visits, treatment, and pain.
Seeking whiplash injury compensation can be difficult as whiplash is a soft tissue injury, and unlike a broken bone, can’t be seen on an x-ray. For this reason, it’s worth talking to an experienced attorney. Get in touch today to learn how we can help.
Every year, 2.35 million people in the United States are injured or disabled in car accidents.
Unfortunately, not all of these people end up getting the compensation they deserve for the cost of their injuries. One reason for this is that, for many injuries, including whiplash, symptoms don’t show up right away.
By the time people realize they’ve been injured, they often feel like it’s too late to try and seek compensation.
If you’ve just started experiencing whiplash symptoms after a car accident, keep reading. We’re taking you through everything you should do to make sure your treatment is paid for.
What is Whiplash?
First things first, let’s go over what whiplash even is.
Whiplash is a common injury that occurs when your neck muscles are strained from a rapid backward and forward movement.
This sudden movement, which often happens after you’ve been rear-ended, often stretches and tears the tendons and ligaments in the neck.
Common Whiplash Symptoms
Whiplash symptoms often present themselves within 24 hours. However, sometimes they take a few days to show up.
The following are some of the most common symptoms:
- Pain and stiffness in the neck
- Headaches at the base of your skull
- Blurred vision
Some other, less common (but still serious) whiplash symptoms include:
- Difficulty concentrating or remembering
- Ringing in the ears
- Difficulty falling or staying asleep
- Chronic neck or shoulder pain
In rare cases, people with whiplash will notice their pain or numbness in their arms. They may also find moving their head to be painful. In these instances, immediate medical care is necessary.
A doctor will diagnose whiplash by first asking some questions about your injury and the pain or other symptoms you’re experiencing.
They’ll likely do a physical exam as well to check your range of motion. X-rays, CT scans, and MRIs may also be used to help your doctor identify signs of whiplash. He or she will also use these tests to look for additional damage or inflammation.
Most people see their whiplash symptoms improve within a few weeks or months.
Occasionally, though, people with whiplash go on to experience chronic pain or headaches for years after their accident.
Whiplash Injury Claims
After you start experiencing whiplash symptoms, it can be difficult to get the compensation you need for your medical treatment.
These tips will help you get the help you deserve.
Seek Medical Treatment ASAP
As soon as you notice even the tiniest twinge of pain or discomfort make an appointment with your doctor. The sooner you get in for an examination, the sooner you’ll have evidence to support your claim.
Insurance adjusters are often suspicious of whiplash claims, especially since they don’t always come up immediately after an accident. However, if you have records from a physician proving you’ve been injured, you’re more likely to be successful.
Don’t Wait to File a Claim
Once your doctor has confirmed your injury, you need to start the claim process. Notify your insurance provider if you live in a no-fault state, or the provider of the at-fault driver’s insurance if your state allows lawsuits for personal injuries after an accident.
Make sure you notify the insurance company in writing of your injuries and your plan to file a claim.
The sooner you take these steps, the sooner you’re likely to be reimbursed for your medical expenses.
Document Your Expenses
Be sure to document all the money you spend along the way. Some expenses you’ll need to track include:
- Mileage to and from appointments
- Lost wages
- Medical bills
- Prescription costs
- Insurance co-pays
- Any other out-of-pocket costs related to your injury
Insurance adjusters will appreciate your thoroughness, and proper documentation can help speed up the reimbursement process.
Prepare for the Possibility of a Lawsuit
Sometimes, a lawsuit is necessary to get the money you’re owed. Maybe the at-fault driver doesn’t have insurance. Or, maybe the insurance adjuster decides not to pay out your claim.
If either of these situations occurs, your next step will be to file a personal injury lawsuit.
Contact a local car accident lawyer as soon as possible for advice on how to proceed.
Choosing the Right Car Accident Lawyer
There are lots of lawyers out there, but they’re not all equally equipped to help you get reimbursed for the expenses related to your injury.
In order to get what you’re owed, it’s important to work with a qualified, experienced lawyer. Keep these tips in mind when making your decision.
Ask About Their Experience
First things first, find out which types of injuries each candidate has the most experience with.
Some lawyers work exclusively with car accident victims. Others focus on work-related accidents or slip-and-fall injuries.
Meet Before Making a Decision
Try to sit down in person with the lawyer you’re thinking about hiring before you make a final decision. You’ll be able to get a better idea of their temperament and whether or not you’re comfortable working with them.
If you can’t meet in person, at least try to speak to them on the phone.
Ask the Right Questions
During your meeting, be sure to ask the following questions. They’ll help you decide if a particular lawyer is right for your case:
- Where did you go to law school and when did you graduate?
- How long have you been practicing?
- What kinds of cases do you typically represent?
- How many cases have you handled that are similar to mine?
- What is your assessment of my case?
- What kind of settlement can I expect?
- Is a trial likely?
- How long do you think it’ll take to wrap up my case?
- What is the estimated cost of my case?
- Do I have to pay if we don’t get a settlement?
- Will you personally handle my case?
It might feel strange asking all these questions up front. But, remember that you’re hiring this person to represent you, and you have a right to answers before making a decision.
Find a Lawyer Today
If you’re struggling to find a lawyer near you, Halt Lawyer Directory is here to help.
It’s never been easier to find and compare local lawyers.
Simply type your location and the type of lawyer you’re looking for into our search tool to find all the options in your area.
Have additional questions or concerns? Feel free to send us a message today!
Every year, about 41 million Americans earn themselves a speeding ticket.
Keep in mind, speeding is not the only traffic violation. If you run a red light, drive without a valid license, hit the road when impaired, drive a vehicle with burned-out headlights or fail to yield, you’ll be guilty of a traffic violation.
While some violations are less serious and fairly straightforward to resolve, others – like DUI and hit and run – are serious and can get you behind bars.
If you’re being charged with a traffic violation, it can be tempting to fight the charge alone. You can either pay the parking ticket fee online on NJMCDirect or Don’t.
Here is why you should hire a traffic violation lawyer.
1. You Don’t Understand Traffic Law
Sure, traffic laws aren’t the most complicated, but that doesn’t mean just about anyone can understand them.
If you’ve violated a traffic law, now is not the time to start researching the specific law and the potential consequences. You’ll be too distraught to understand anything.
On the other hand, hiring a traffic lawyer gets you a competent professional with an in-depth understanding of federal laws and state and local traffic codes. The lawyer has probably spent several years defending clients in traffic courts, so you’ll feel confident having them on your side.
They will evaluate the case brought against you, identify weakness and aggressively fight the ticket on your behalf.
Can you imagine cross-examining a police officer by yourself in a traffic court? No way! A traffic violation lawyer has the skills to question the officer with the aim of raising reasonable doubt as to your guilt.
2. Dismiss/Lower Ticket Penalties
Did you know Americans pay north of $6 billion worth of speeding tickets annually?
This is a huge amount. It means when you get a traffic ticket, you’ll certainly have to pay a fine.
If you’re a first or second-time offender, it usually seems easier to settle the fine and move on with your life. But here is the thing, some tickets are wrongly issued, and others can quickly add up. A $500 speeding ticket, for instance, can hurt your bank account.
For those reasons, the best thing to do is to hire a traffic violation lawyer. He or she can contest the penalty, or explain your circumstances in a traffic court and get the judge to lower your penalty or even dismiss it entirely.
Obviously, getting a lower fine is good for the wallet, but there is more to it. When a penalty is dismissed, you typically won’t accumulate points on your driving license. The outcome is your DL won’t be suspended.
3. Gathering Evidence Information
You’re very certain you didn’t skip a red light, but here you’re slapped with a red light ticket.
Who is right? Who is wrong? The only way to establish the truth is to contest the ticket.
If your state or local authority has installed traffic cameras along the road you were on, it’s possible to collect the footage or incident reports.
The problem is, as a regular person, you might even not be aware that you can get video footage. And if you are aware, bypassing the typical bureaucracy of public offices can prove challenging.
The best thing you can do in such a situation is to hire a traffic violation lawyers.
These professionals know their way around bureaucratic government offices and can easily gain access to the video footage. Needless to say, if the footage proves you didn’t run a red light, the lawyer will ensure the ticket is dismissed.
You can even instruct the lawyer to sue the traffic officer for writing a false ticket.
4. Get Alternative Discipline
The vast majority of traffic offenders are usually guilty as charged.
Although hiring a lawyer enhances your chances of getting a reduced penalty, this is not always the case. If the prosecutor has substantial evidence against you, there is little a lawyer can do.
However, depending on your record, a competent lawyer can be able to negotiate an alternative discipline.
A common alternative to a fine or suspended license is attending driving or traffic school! Well, going back to school is not an interesting prospect, but would you rather lose your license or pay costly fines?
5. Save Money
One of the primary reasons traffic violators don’t hire lawyers is cost. They often wrongly assume it’s cheaper to settle a fine or serve a probationary period than hire an attorney.
It’s true, routine violations don’t need a lawyer, especially if you’re a first-time offender. But when you’ve committed a serious offense, you shouldn’t fight the charge alone in a bid to save money. You could actually end up spending even more money.
If you lose the case, for instance, the violation will show up on your driving record. The more points you have on your record, the higher the premiums you’ll pay for auto insurance.
A lawyer can ensure the violation isn’t added to your driving record, thereby preventing you from higher insurance premiums.
Beyond saving money, you’ll also save time. For a small fee, a traffic violation lawyer will handle all the paperwork on your behalf, and represent you in a traffic court where necessary.
Hiring a Traffic Violation Lawyer Is the Right Step
As a law-abiding citizen, it’s never your intention to violate a traffic law. However, sometimes circumstances beyond our control lead us into legal trouble.
If you’re facing a traffic ticket or charge, you could be tempted to contest or fight it on your own, but as we’ve demonstrated, it’s not a risk worth taking. Hiring a traffic violation lawyer gives you the best chance of getting the ticket penalty reduced or dismissed.
Don’t waste any more time. Find a lawyer today.