Kentucky Personal Injury Lawyers

Personal injury law is a specialized branch of law. It is often referred as "tort law." Personal injury refers to any physical, mental or emotional injury caused to an individual. Personal injury can occur due to number of reasons such as slip and fall, auto accidents, exposure to hazardous products, use of defective products, libel, slander, medical malpractice and animal bites. Personal injury law may vary according to the state where the injury occurred. Generally, all the states have standard procedures for filing the lawsuits. For personal injuries that have temporary effects, it is possible to receive compensation immediately. However, some personal injuries may have dire consequences. They may permanently disable a person, which may leave him jobless for life. To receive maximum compensation for the losses, it is advisable to hire a lawyer who has all the necessary expertise to deal with personal injury cases. If a personal injury has occurred in Kentucky, it is recommended to assign the case to a lawyer who is aware of the prevailing personal injury laws there.

Every state has its own statute of limitations that decide the time an individual has to file a personal injury lawsuit. An individual usually has one year to file a personal injury case in Kentucky.

For receiving any compensation for most personal injury claims, the lawyers have to establish that the injury occurred due to the negligence of the defendant. In cases of product liability cases, lawyers have to establish that the victim suffered a loss, in spite of following specified instructions. For receiving claims for losses resulting from medical malpractice, lawyers have to consult medical experts. They investigate and study the medical records of the victims to verify if the damage was actually caused due to negligence of the hospital staff or medical professionals.

It is advisable to hire a lawyer who has a proven track record. Victims can also shortlist the names of a few personal injury lawyers from the Internet. They can personally meet them or get their case reviewed online for free. Personal injury lawyers in Kentucky, usually charge their clients on a contingent fee basis.

What Does a Personal Injury Lawyer Do?

If you've been injured in an accident or were the victim of a wrongful death, it's very likely that the first thing anyone recommended you do (after visiting a physician) is obtain the services of a personal injury lawyer. Unless they have been through the legal process, however, that's probably where they knowledge of the process stops. They don't have a clue what's going to happen after you make that phone call!

When you've been the victim of someone else's carelessness, a personal injury lawyer is your most valuable asset when it comes to obtaining the compensation and negotiating the settlement that you deserve. Time is of the essence when it comes to filing your personal injury claim, so it's vital that you contact a personal injury lawyer as soon as possible after the accident to ensure that you don't forget any of the details surrounding the incident and, equally importantly, that you are well within your state's statutory guidelines for filing a claim. (Most states allow you to take legal action for a year or two after the incident, but after that point declare that too much time has passed. Don't let that happen to you!)

The first thing your lawyer is going to do is meet with you to discuss the details of your case and determine whether or not it will be able to stand up in a court of law. An experienced personal injury lawyer will have heard just about every story in the book when it comes to the events (and protestations of innocence) surrounding an accident, and they'll be able to pick through the fine print and determine whether or not the parties responsible for the injury or death can be held liable by law for the accident. Because most personal injury lawyers work on contingency (which means that unless they manage to negotiate a settlement for you, they don't get paid) they will be honest with you from the beginning about your chances of winning your case-they don't want to waste hours of their time and yours when neither one of you will benefit.

From that point your personal injury lawyer will walk you through the process of filing your claim. Unfortunately, it is the victim of the accident that must prove the guilt of the other party, and while ideally everyone would be willing to step up to the plate and take responsibility for their actions, the truth is that nine times out of ten they're going to fight tooth and nail to protest their innocence. Your lawyer will be able to help you document the evidence that they were, in fact, responsible, and they'll file the papers through the court to get the legal wheels turning.

Most personal injury cases settle out of court, because let's face it-no one wants the hassle or the bad publicity of a long, messy court battle. Your personal injury lawyer will work together with the legal counsel of the responsible party to negotiate a settlement for your medical bills, lost wages, pain and suffering, property damage, embarrassment, rehabilitative therapy and other expenses that may have developed as a result of your injury or the wrongful death of a loved one and help you put your best foot forward and reclaim your future.

What is a Statute of Limitations?

What is a statute of limitations? It is a legal deadline to file a lawsuit. The timeframes are defined by laws, written as statutes, which vary from state to state. Statutes of limitations differ depending on the type of legal claim as well.

Why do we have statutes of limitations? After an event, recalling what happened gets more difficult for the parties concerned, including witnesses. Important evidence may be lost if a case is brought to court a long time after the incident. Additionally, people want to get on with their lives without the fear of legal interference cropping up well into the future. That would certainly make for a lot of paranoia, wouldn't it, if there was no time limitation for bringing a claim to court. "That woman fell in my building 10 years ago, and NOW she wants to go to court?? That building burned down 5 years ago....!" "I have no personal recollection, but my records reflect that she was my patient 17 years ago and apparently I saw her twice."

That's why it is up to the injured person or party to adhere to deadlines if they want to file a lawsuit. They shoulder the responsibility for it, which makes sense - they are seeking justice for a wrongdoing against them. A statute of limitations is met, or satisfied, as of the date the complaint is timely filed with the court. If a complaint is filed after the statute of limitations has passed, the lawsuit will be thrown out of court.

Statutes of limitations also depend on the type of injury. Here is a list of different injury categories (state variances shown in parentheses):

* Negligence: personal injury (1 to 2 years) or intentional wrongdoing (1 to 6 years);

* Professional malpractice: medical (1 to 4 years from act or occurrence of injury, or 6 months to 3 years from discovery, and certain circumstances will extend statute, including if party is a minor, foreign object, or fraud), and; legal (1 to 3 years from date of discovery, or a maximum of 2 to 5 years from the date of the wrongful act);

* Breach of oral contract (2 to 6 years);

* Breach of written contract (3 to 6 years);

* Misrepresentation and fraud (3 to 6 years);

* Fraud or mistake (3 to 6 years, time commencing on date of discovery of fraud or mistake, not the occurrence);

* Enforcement of civil judgment (5 to 25 years);

* A claim against a government entity (usually less than 1 year);

* Federal income taxes (10 year limit on collection of federal taxes); and

* State income taxes (varies from state-to-state; some states have no limit on this).

Currently in Kentucky, the statute of limitations for personal injury claims (ex: medical malpractice, slip and fall) is 1 year. A workers' compensation claim falls under the the statute of limitations of 2 years from the date of injury, or 2 years after the last voluntary payment of income benefits, whichever occurs last. Injuries as a result of an automobile accident fall within a 2-year statute of limitations from the date of the accident, or 2 years from the last PIP (personal injury protection) insurance payment, but not exceed a total of 4 years. Interesting note - some case law suggests that ATV's are not considered vehicles in the same sense, in which case the statute of limitations for injuries sustained while operating an ATV would be only 1 year.

Attorneys will help those experiencing injury establish what their particular statute of limitations is. It is very important not to exceed the deadline if one wishes to present a claim to court. Seek legal assistance to be certain you understand what to do, and when to do it, to protect your right to file claims.

This article is not to be construed as legal advice. I am not an attorney. It is merely an article to promote awareness. Contact an attorney with any questions you may have.

Colorado Personal Injury Lawyers - New Colorado Insurance Law Punishes Unreasonable Delay and Denial

Colorado's New Law Regulating Insurance Companies for Unreasonable Delay and Denial-Effective August 6, 2008

The new law provides Colorado citizens the power to make sure insurance companies pay claims in a reasonable and timely manner.

What is this new law? House Bill 08-1407. The objective of the law is to put a stop to unreasonable denials or delays by insurance companies. The law increases the penalties on insurance companies for their unreasonable conduct with respect to claims.

"A first-party claimant whose claim for payment of benefits has been unreasonably delayed or denied may bring an action in a district court to recover reasonable attorney fees and court costs, and two times the covered benefit."

Who benefits from the new law? Colorado citizens claiming insurance benefits from their own insurance company. Injured people in Colorado have been powerless to bring large claims against insurance companies because attorneys' fees could eat up much of their settlement money. The new law provides Colorado citizens the power to make sure insurance companies pay claims in a reasonable and timely manner by requiring unreasonable insurance companies to pay the owed benefits, double damages, and attorneys' fees.

For example, let's say your claim has damages of $30,000 and the insurance company unreasonably delayed or denied the claim. Under the new law you could receive double the $30,000 plus attorneys' fees (let's say $10,000). Therefore the insurance company would have to pay you $70,000 ($10,000 of which would pay your attorneys' fees) for their violation of the new law.

"A person engaged in the business of insurance shall not unreasonably delay or deny payment of a claim for benefits owed to or on behalf of any first-party claimant."

What type of insurance companies can be penalized by this new law? The law applies to health insurers, disability insurers and nearly any other kind of insurance. The law does not apply to workers' compensation insurance, life insurance and title insurance. If you believe that workers' compensation, life insurance, and/or title insurance has unreasonably denied your claim you cannot use this new law, however, you may be able to use other laws to help you seek benefits.

When does the new law go into effect? The new law goes into effect on August 6, 2008. However, the language of the law is not clear as to how that date practically plays out. It is unclear whether the law applies only to claims after August 6, 2008 or if it applies to claims that have been ongoing for the past year or two.

If you'd like to view this Bill:

go to Colorado General Assembly website http://www.leg.state.co.us/
Follow the "Bill Digest" link
Go to 2008 Bill Digests
The "Digest of Bills - 2008" is categorized; follow the "Insurance" link

Personal Injury Compensation Claim

It is tough to comprehend with the suffering and pain of personal injury victims for those who haven't gone through similar situations. Unless it happens to ourselves or someone close, we cannot feel the anguish of a personal injury victim. No word can describe it. 

And all happens due to the carelessness or negligence of a third person. Whether it is medical malpractice, slip and fall accident, car accident, dog bite or product liability - the cause behind personal injury is the recklessness of an individual or organization. 

Once an accident happens, job loss, mental trauma, medical expenses, debt problem, calls from collection agencies, anxiety for treatment, concerns for the family members and dependents and the cravings for justice add to their sufferings. 

Most realistic solution to this problem is compensation. The guilty party should compensate victims for all their damages. It is true that no money can actually compensate the woes of a personal injury victim; however, it is the legal way to help the victim get back on to the track of life. 

How to get compensated? 

State laws empower personal injury victims claim compensation from the party responsible for their damages. Though personal injury laws vary with states; the basic structure is similar everywhere. 

However, a layman finds it difficult to understand the ins and outs of the legal chapters. Hence, it is helpful to go to a lawyer to know your rights. Lawyers help personal injury victims fight their legal battle and get justly compensated. 

Personal Injury Lawsuit Vs. Settlement: 

Personal injury victims need to file their claim in court of law. Personal injury lawyers may help victims to learn the process of filing lawsuit. During trial both the parties are called on to court. Lawyers present the case before the panel of judge and juries who announce the final judgment after checking all evidences and records. 

The party court finds to be responsible for the mishap is asked to compensate the victim for all the damages. The compensation amount is also calculated by the court. 

But the case may not go that much simple always. It is important to prove the responsibility or negligence of the guilty party before court. It does not matter who is guilty in your eyes, you need to prove it in court. To do so, you need to collect enough evidence in your support. 

Competent personal injury lawyer helps you obtain facts, data, statements of eyewitnesses and evidence in proper manner so that the victim not only wins the case, but gets the compensation he or she deserves. 

However, sometimes even a valid case lacks evidence. If the victim delays to take legal steps evidences may get abolished naturally. Under such circumstances lawyers may suggest victims to go for settlement, also known as out-of-court settlement. 

Settlement is nothing but a formal negotiation between the victim and the guilty party to come to an agreement in presence of lawyers. In settlement the victim is asked to withdraw the lawsuit and the party responsible agrees to pay certain amount of compensation. Both the parties negotiate while fixing the compensation amount. Settlement is often preferred as it goes faster than a formal lawsuit.

Your Initial Meeting With a Personal Injury Lawyer

Following a serious accident or personal injury your next step should be meeting with a personal injury attorney to discover what your legal options are, if you should file a personal injury lawsuit, and what the personal injury claims process will entail.

The Initial Interview

The complexity of the case and how well prepared you are for the meeting dictates the length of your initial consultation. Simple cases involving injuries related to most car accidents will generally require less time than cases involving more intricate issues, like medical malpractice or product liability lawsuits.

In order to understand the specifics of your case, your lawyer will cover a multitude of topics and you should be prepared for everything. Topics covered will almost certainly include:

o Your accident and injury;
o Your medical treatment;
o Your current medical condition;
o Your insurance coverage and if you have spoken to adjusters;
o Potential witnesses;
o Representation agreement;
o Varying legal fees; and
o The types of costs associated with your case.

When a Lawyer Denies Your Case

Not every lawyer will accept every case they are offered. Your personal injury attorney will most likely be able to tell you if he or she will accept your case at the end of your first meeting. The most common reasons a lawyer will decline to accept your case include:

o current caseload is too cumbersome;
o lack of capabilities or specialties;
o economic situation (how much time/money they will need to spend on your case vs. your potential settlement amount);
o family responsibilities.

Of course it could also be that in your lawyer's opinion, you do not have a strong case. Remember though, this is only one person's opinion and you should always seek a second opinion from another attorney if you feel strongly that neglect has taken place.

Your personal injury lawyer may also choose to refer you to another attorney. This is not something that should be considered a negative and may occur if your attorney thinks another lawyer is better suited for your particular case.

Accepting Your Case

Should your personal injury attorney decide to accept your case, there will most likely be a few preliminary steps that must be taken. Your lawyer may:

o Ask you to sign a contract for his or her representation (a retainer);
o Be able to give you a rough estimate of the time and cost it will take in order to fully resolve your case;
o Ask you to sign a medical release form so that he or she can access [attain] your medical records; and
o Suggest you visit a doctor to reconcile any remaining physical complications

Finding the right attorney for your case is essential, luckily most personal injury lawyers offer free consultations for new clients, so you will not be losing anything by meeting with several lawyers in your area to determine which one if the best fit for you and your case.

"Click It Or Ticket" And Defective Seatbelts

National safety campaigns help reduce the number of serious injuries each year. The "Click it or Ticket" campaign has been in development since the 1980s when government officials began to see the need for seat belt safety laws. As technology advanced, so did driving distractions. The additions of cassette tape players, cd players, and other gadgets over time caused drivers to lose their concentration on the road. Today, drivers are faced with many more distractions than ever before with the invention of GPS navigational systems, mp3 players, and cell phones.

"Click it or Ticket" was created to encourage people to wear their seatbelts while in a vehicle, however, simply wearing a seatbelt may not be enough to prevent injuries. In some cases, the manufacturer of your vehicle has failed to properly test and inspect the seatbelts installed in your car. If this is the case, even though you follow the safety laws and "click it," you may be at risk of serious injuries should your vehicle experience a collision.

Defective seatbelts cause an alarming number of injuries every year because manufacturers fail to properly test and monitor the products that they produce. Manufacturers are responsible for producing functional and safe seatbelts. If seatbelts have not been properly made, they may not buckle correctly or may release during collision. While the use of seatbelts does not guarantee that the passengers of a car involved in an accident will be free from injury, it significantly reduces the chance of being seriously injured.

Depending on the type of collision that occurs, injuries may range from minor cuts and bruises to more serious injuries, such as brain damage, severe cuts, loss of limbs, broken bones, and even death.

With the dangers of speeding vehicles and the various distractions that are presented to modern drivers, it is no wonder that there are a multitude of automotive accidents each day. Without properly functioning seatbelts, you and your passengers are at serious risk of being injured or even dying if your car becomes involved in a car accident.

If your injuries have resulted from a defective seatbelt, you should not be left to suffer the physical, financial, and emotional burden of your injury. Turn to a talented lawyer to help you receive compensation for your medical bills, lost wages, and pain and suffering.

Improve Your Chances of Winning a Medical Malpractice Lawsuit

People hold doctors with high regard since they are intellectuals who deal with a very important aspect of every person's life: their health. We trust doctors with our lives because they are experts when it comes to medical issues.

So it is sad when we hear of stories of medical malpractice. In fact, it is very troubling. Doctors should carry out their jobs responsibly because they owe it to the people who entrust their lives to them.

People can sue negligent doctors who are liable to the injury or death of a patient. Of course, there are factors to consider in order for a case to be valid in court. A credible expert shall determine such factors. This expert should be able to attest that the standard of care wasn't followed.

A plaintiff must be able to establish the four elements of tort or negligence for a successful medical malpractice claim:

1. A duty was owed - A legal duty under common law is required whenever a hospital or health care provider undertakes care or treatment of a patient.

2. A duty was breached - The provider failed to conform to the relevant standard of care.

3. The breach caused an injury - The breach of duty was the proximate cause of the injury.

4. Damages - Without damages, there will be no basis for a claim, regardless whether the medical provider was negligent.

Statutes of limitations, i.e., time limit upon which you can file a medical malpractice lawsuit, vary from state to state. In California, a medical malpractice legal action for an injury or death must be brought to the court within one year from the date of discovery of the negligent act, but no more than three years from the date of the injury.

According to a study done by the Institute of Medicine, 98,000 Americans die annually due to medical errors. Other studies show 7,000 die because of prescription errors. 1,500 patients lose their lives to surgical negligence every year. Among this, only one in every eight instances goes to court.

Unfortunately, medical malpractice cases are one of the most difficult lawsuits filed in a courtroom. Trials usually take a long period before the court reaches a verdict. Moreover, the cost of bringing a case to trial goes beyond the monetary amount expected by the complainant to receive after.

Statistics show that patients who have been harmed because of medical malpractice seldom sue for damages. Still, people should not allow the person/s responsible for the injury or death of a patient to get away with their negligence. There is something they can do to obtain justice for the irreparable damage caused by the medical error.

Like other suits, you will need legal assistance from a good lawyer. In this case, look for one who specializes in medical malpractice. Their general purpose is to review the case history, assess the damages and losses sustained, and advice if the complaint is legitimate to be admitted in trial.

It is very important to hand over the case to an expert attorney. Otherwise, you might be wasting a lot of your time and money. See to it that you find the lawyer who has the greatest odds of winning the case. Their histories and experience will help you in choosing the right lawyer.

Negligence - a Must Prove in a Personal Injury Litigation

In most cases, negligence should always be the basis of personal injury claims. As legally defined, negligence is the failure to perform an act that a prudent individual would ordinarily perform under certain situation. Hence, negligence may result to legal obstacles if it resulted to personal injuries or damages.

Meanwhile, the victims injured may file his charges against a negligent person if he wishes to recover damages to cover his medical expenses and other losses brought about by the injury. However, they would certainly need the expert services of coming from personal injury litigation lawyers in filing their claims. This is because this type of legal undertaking entails complicated procedures to undergo.

To support his claim, a plaintiff must establish these three elements in court:

The Defendants Duty

As imposed by the law, everyone has an obligation to exercise prudence in performing our acts especially those that may possibly result in serious harm and injuries. The California Civil Code 1714(a) states:

"...which provides that everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the other person has, willfully or by want of ordinary care, brought the injury upon himself or herself."

This means that there are nobody may be exempted in exercising due care. Therefore, anyone who violates this statute should be held liable for his conduct unless his case was clearly sustained by a public policy concerns.

Infringement of Duty

Besides the establishment of the defendant's duty to exercise care in his actions, the plaintiff should also prove the violations or negligence made. This may either be a total non-performance of the defendant or his failure in meeting the standard of "ordinary care" or proficiency in carrying out his duty.

"Ordinary care" pertains to the extent of care that a reasonable person having a prudent behavior would do in a particular scenario. This further means that everyone should put his or her efforts to be careful enough in proportion to the possible risks that should be prevented.

Causation

An action or omission should be the legal basis of a personal injury claim. Thus, the plaintiff should definitely prove that the negligence or the wrongful act is the actual reason of his injury. This also entails his responsibility to prove that he has strictly followed extreme cautiousness and he has never done any acts that may contribute to his being injured.

The amount of damages that a plaintiff can recover therefore, would vary depending on the degree of the defendant's responsibility, violation of such duty and plaintiff's injuries.

How To Handle Dog Bite Accidents In Florida

People of the United States are famous for loving animals. Most of the homes in U.S. have domestic pets. Cats are the most favorite pets in the United States pushing dogs to the second position. According to the Pet Owners Survey conducted by the American Pet Products Manufacturers, there are 88.3 millions domestic cats and 74.8 million domestic dogs in U.S. People consider these furry friends as parts of their family.

With increasing popularity of pets, chances of personal injury due to animal attack are also rising. Animal attacks may lead to serious injuries and even death. It has been reported that children are attacked by domestic animals more often than adults.

Lots of animal attack cases and dog bite personal injury compensation claims are filed in the Florida court of law every year. Below is a list of reasons behind animal attack accident.

Common reasons behind animal attack personal injury cases:

Irritating dogs or the animals
Letting children play with pets without proper precautions taken
Dogs escaping the boundaries
Unwanted entries inside private places
Improper pet care

Animal attacks and dog bites may cause severe injuries. Whether it is victim's fault or the owner's, animal bite victims can sue the pet owner or the pet handler on a lot of clauses as mentioned in Florida animal laws.

What to do when it is victim's own fault?

As said before, victims can still file charges against the pet owner or the handler. If the pet handler fails to confine the dog within the boundaries and the dog attacks somebody in a public place, the victims can file charges against the pet handler even when it is victim's own fault. The pet handler or the pet owner is held responsible for the damages caused to the victim.

Hence, the reason of animal attack should be properly investigated before presenting it to the court. Victims should consult expert personal injury lawyers who are specialized in dog bite cases so that the case is judged in their favor.

It is better to consult a local lawyer because animal laws vary by states. If the event of animal attack happens in Florida, consult Florida personal injury lawyers. An efficient lawyer will prepare the plan of action appropriately and help the victims receive right compensation.

How Florida personal injury lawyers help to win dog bite cases?

Personal injury lawyers perform the following tasks in the right manner as required by law:

Collect evidences and other essential documents that help to understand how the attack happened
Collect medical report and statement from the physician who attended the victim first
Obtain statements from witnesses who were present at the spot
Instruct the animal attack victims on how to answer to the questions asked by defense counsel and judge in court



Who can be held responsible for animal attacks in Florida?

Pet owners
Pet handler
Owner of the premise
Landlords
Parents of the minors in case the owner is minor

The above mentioned entities can be held responsible for the accident. However, in Florida, the liability strictly goes to the pet owner. To identify the merits of the case, the victims should immediately consult Florida lawyers so that legal proceedings can be started soon.

Brain Injury Lawsuits

If someone in your family has a brain injury, you know how devastating and frightening it can be. Many family members of brain injured individuals consider suing the people responsible for causing the injury, but caring for someone with a brain injury takes a lot of time and energy, and the idea of pursuing a lawsuit can be overwhelming.

A good attorney will take control of the situation, making it as stress-free as possible for their clients. Lawsuits aren't easy, but if someone's negligence caused the injury, seeking compensation can provide a lot of relief in terms of covering medical bills, long-term care costs, lost income and other damages.

Brain injury lawsuits are in the category of personal injury lawsuits, where the goal is proving that the defendant was negligent and that their negligence caused the injury. Some brain injuries are caused by a traumatic event, such as a car accident, others are caused by a lack of oxygen. Some are medical malpractice lawsuits, depending on the circumstances. For example, if a newborn is injured during birth and suffers brain damage as a result, the lawsuit would likely be for medical malpractice. If you are injured at work, you most likely would have a workers' compensation claim rather than a lawsuit. It can be a bit confusing, but you don't have to figure this out on your own - an experienced attorney will explain all your options.

If you are considering legal action, it's important not to delay. Obviously, the health and well being of your loved one should be your top priority. But there are deadlines for filing personal injury lawsuits, and if you miss the deadline, you could be barred from ever filing the lawsuit. In Illinois, you generally have two years from the date of the injury to file a lawsuit, although there are some exceptions that allow more - or even less - time. Sooner is usually better. The sooner you can meet with an attorney the sooner you can start gathering documents, interviewing witnesses, etc. If you wait, things may get lost and people may forget what happened.

Personal injury attorneys, including those who handle brain injury cases, generally charge a contingency fee. This means that you only pay your attorney if they win your case either at trial or in settlement. As general guideline, a contingency fee is around 1/3 of what you recover. If you lose, you pay nothing. It's a risk for attorneys to take cases on a contingency, but they are willing to do so because of the possibility of a significant fee if they are able to win the case. For clients, contingency fees are attractive because there generally aren't any fees or costs up front.

If you are thinking about a lawsuit, or wondering whether you have a good case, the first step is to get an initial consultation with an attorney. These consultations are free and give you a chance to ask the attorney a lot of questions. Look for an attorney who focuses his or her practice on personal injury and has significant experience handling brain injury cases. Ask about their past successes and what their strategy would be for your case. Ask about fees, how they keep in touch with clients, and anything else that concerns you. Don't leave your case in the hands of just anyone. Do your research so you can have peace of mind that you're doing everything you can for your family.

To learn more visit, http://www.findgreatlawyers.com/9BrainInjuryLawyers.htm

Car Accident - Is it Time to Hire a Lawyer?

Everyday, millions of people in the United States get into their cars to go to work and trust that other drivers on the road are abiding by all of the applicable laws of their state. Unfortunately, tens of thousands of Americans get into car wrecks and are injured every year due to the negligence of others. If you have been injured in a car accident, you have to make the decision on whether or not you will need to get a lawyer. The simple answer to this questions is Yes. You should get a lawyer to represent your best interest, which is compensating you for your injuries and your loss.

First of all, keep in mind that auto accident injury cases are one of the most common types of personal injury claims in Oklahoma. Both the driver and passengers of an accident can be entitled to compensation. If you are like most of the victims in Oklahoma, you have never dealt with a car accident injury claim and may not be sure how to handle the situation. Oklahoma injury lawyers have experience handling accident claims. They deal with insurance companies every day negotiating claims against uninsured drivers, claims for serious injuries (including medical expenses) and for loss of income.

Most lawyers will tell you not to even talk to the insurance company. Insurance companies are looking out for their best interest, not yours. They want to get your claim taken care of as soon as possible and they will do their best to pay you as little as possible. Their end of the year profits rely on low paid claims. Oklahoma injury lawyers work the complete opposite end of the spectrum. At the end of the accident case, they only get paid if you get paid. Because of this, they will work diligently to stand up for your rights and the compensation you deserve.

If you have been in a car accident in Oklahoma, it is time to hire a lawyer to represent your best interest. At the end of the day, they only get paid if you get paid.

Personal Injury Lawyers aural Your Reach in Hermosa Beach

Hermosa Beach is a city in Los Angeles located in the South Bay region with a population of approximately 19,435. It is famous for its flat, sandy and long beach perfect for sunbathing, volleyball, surfing, paddle boarding, roller blading and other outdoor activities.

Buzzing with activity, residents of Hermosa Beach becomes more likely susceptible to injuries. Personal Injury that is.

Personal injury is harms that can result when a person has suffered some form of injury, whether physical or psychological, due to an accident or neglectful and careless acts. The most common type of personal injury are being caused by:

o vehicular accidents

o workplace-related accidents

o tripping accidents

o assault claims

o home-related accidents

o defective product accidents

Personal injuries when caused by another entitles one to a personal injury claims. People who are better equipped with knowledge to pursue these claims are the so called personal injury lawyers.

Generally, the purpose for a claim for personal injury is to determine who is at fault and to oblige the responsible party to reimburse the injured person for the losses sustained.

Personal injury lawyers make sure that their clients receive the proper compensation for damages due them under the law. Some of the claims for which injured parties are legally entitled include, but not limited, to the following:

o compensation for lost earnings

o past and future medical bills

o damages for both physical and emotional pain or injury

o damages for any deformity

The following are considered helpful tips if you or loved one or someone you know have been injured by the negligent actions of another:

o Before filing a claim, you must first consult personal injury lawyer to discuss your case in detail. A good personal injury lawyer will do exhaustive research to make sure that your case has legal merit and that you are still within the statute of limitations.

o Before trial, your personal injury attorney should have a specific plan of attack and important proof of both the extent of your injury and the fault or negligence of the defendant.

o If you lost the case or if you are awarded a lesser amount, your legal defender can file an appeal with an appellate court

On occasion, the immediate relatives of the injured person, such as his/her spouse, may also be entitled to damages known as loss of consortium damages. This is intended to compensate the loved one for the loss of the injured or deceased person's services, companionship or affection.

The law also entitles the injured party from other types of damages that may be provided by law such as "hedonic damages", which are given to compensate the victim for the loss of enjoyment of activities that he or she once engaged in but can no longer participate due to injuries suffered.

Additionally, punitive damages may also be awarded when the offender's conduct was specifically offensive and flagrant, and the court or jury determines that he/she should pay an amount higher than the victim's actual damages. Such award also serves as deterrent for others from engaging in the same wrongful conduct.

Hence, to ensure that you get the justice you deserve, consult the best Hermosa Beach personal injury lawyers.

Neck Injury Attorneys

Even if they are perceived as minor injuries, damage to your neck and back can result in severe pain and other debilitating effects. The force generated by an accident can force your spine forward and backward, or jolt it from side to side, causing extensive tearing or stretching of your muscles. The soft disks between each of your vertebrae can also suffer trauma, which, if left untreated, can cause more serious injuries. Whether the accident was caused by a vehicular accident, a swimming or diving accident, a sports-related accident or an accident at the construction site, neck and back injuries are very common. In fact, statistics show that these types of injuries cause the highest incidence of work absences.

Whenever you experience an injury caused by the negligence of others, or because of occupational hazards, you are entitled to compensation, paid by the party at fault. You can collect lost wages due to absence from work as well as the legal fees you may incur in filing your claim.

In the absence of an attorney, the insurance company of the other party will immediately offer you some sort of settlement to avoid any legal fees. However, this means that you may not receive the full amount that you are entitled to claim as a result of your injury. The offer of an insurance company seems to be very attractive, but it is actually below the amount that you can actually receive with the help of a lawyer.

Acquiring the services of a personal injury lawyer may be necessary to secure your personal rights. It often takes an extended period of time before you realize the extent of how much a certain injury can affect you for the rest of your life. This is why it is important to acquire the services of an attorney.

5 Benefits to Having a Personal Injury Lawyer Represent You

If you have been injured in a car accident or injured by another person's actions, you have probably been told that you need to talk with a personal injury lawyer. In fact, in most cases, it is to your benefit to have a lawyer handle your case. Here are 5 benefits to having a personal injury lawyer represent you.

1. Personal Injury Lawyers Know Personal Injury Law.

This may sound obvious, but many people think that they know just as much as a lawyer and that a lawyer just collects the money. That is simply not true. Just because you have been injured doesn't mean that you are entitled to full compensation for your injuries. Few states recognize contributory negligence nowadays, but contributory negligence says that if you even slightly contributed to a car accident, you are not entitled to compensation. Most states recognize some form of comparative negligence which allows you to receive at least some compensation for your injuries depending on your involvement in the car accident.

Another portion of personal injury law is knowing what personal injury claims to which a person is entitled. There are a lot of possible claims, many of which a non-lawyer doesn't think about.

You benefit by the lawyer knowing personal injury law in that an insurance adjuster cannot BS or misrepresent the law in trying to convince you that you will not receive compensation to which you may really be entitled.

2. A Personal Injury Attorney Knows Insurance Law.

This may sound like it doesn't make a difference, but it can make a dramatic difference. For example, an insurance policy may provide for a benefit of $20,000 to an injured person. The insurance adjusted tells you that he will give you the entire $20,000 since you have a good personal injury claim. What the insurance adjuster does not tell you is that there may be ways under state law that you can receive more. For instance, some states allow "stacking" of insurance policies in certain circumstances and this means that you can receive more compensation.

You benefit by a personal injury lawyer knowing if state laws entitle you to more compensation for your injuries than is apparent.

3. Personal Injury Attorneys Know Approximate Values Of Injuries

Experienced lawyers have handled a number of cases and have a good idea of what most injuries are worth. Also, personal injury lawyers know what facts may increase or decrease the amount of compensation to which you are entitled. By virtue of the attorneys' experience, insurance adjusters and lawyers cannot BS or misrepresent the value of a personal injury claim.

4. A Personal Injury Lawyer Will Go To Court.

Insurance adjusters know that if a case goes to court, the insurance company could be forced to pay a lot more that they want to pay. The adjusters also know that if you are representing yourself, it will be difficult for you to go to court. They know that a personal injury attorney will go to court. Therefore, the adjusters have to be more realistic in what they offer you as compensation for your personal injuries.

5. Personal Injury Lawyers Generally Increase The Value Of A Case.

Basically for all of the reasons stated above, insurance adjusters will offer more compensation when a lawyer is representing you. Some people will tell you that the increased compensation amount is offset by having to pay a lawyer. So you end up with the same amount in the end. Sometimes that is true, but in many cases, because of his/her knowledge and experience, a personal injury lawyer will recover more than enough for your personal injury claims to offset the attorney fee.

I cannot and do not vouch for the experience or effectiveness of any personal injury lawyer. The above is merely a guide as to what you may expect. Also, the results of any case may be vary from lawyer to lawyer.

This is general information only. If you have any questions whatsoever, talk with a lawyer licensed in your state.

This article may be republished, but the wording must not be changed and the author links must remain active.

Personal Injury Lawyers - 5 Questions You Must Ask!

1) Do they have experience with your type of accident?

This is the single most important question to ask any personal injury attorney. They must have experience with your type of accident. The laws regarding victims injured in car accidents are not the same as victims injured in slip and fall accident or victims injured in a product defect accident. The insurance companies have different lawyers they use to defend themselves for each individual accident type who are experts in that field. You need an attorney who has the experience and legal knowledge to represent your type of accident. When it comes to personal injury lawyers, one size does NOT fit all.

2) How much knowledge do they have of your specific injury?

You need a personal injury lawyer with the medical knowledge to represent your specific type of injury. A broken arm is completely different than a traumatic brain injury. Your attorney must have an understanding of the short and long term effects of your injury. Insurance companies will have lawyers and medical experts trained to scrutinize your specific injury and immediate and future medical needs. You need an attorney with access to medical experts and the ability to make sense of the complicated medical terms associated with your specific injury. Try to nail down exactly what makes the lawyer you are talking to qualified to handle your case AND your injury.

3) How many times have they gone to trial?

The answer to this question is extremely important for complex legal cases involving wrongful death, paralysis, product and premises liability, and any mental or physical injury which will require long term medical care. Insurance companies will almost always take these cases to trial. They do not want to be on the hook for the expensive, life-long costs associated with these types of injuries. Your personal injury lawyer should have an acceptable trial record that lets the insurance companies and their lawyers know they are not afraid to go the distance. If the attorney you're talking to doesn't have trial experience, find one who does.

4) What is their highest verdict or judgment in a trail?

Trial experience is only valuable if it's productive. An attorney who constantly goes to trial and loses is just as bad as one who never goes to trial. Make sure your personal injury lawyer wins cases and has the legal experience and medical knowledge to make juries understand the true cost of your injuries. Remember, the expenses associated with a trial are passed on to you and the attorney's contingency fee usually goes up if a trial is necessary. Be sure they have the resources and ability to come out of the courtroom with a high verdict in your favor.

5) How long had they been practicing law before they resolved their first $1,000,000 case?

This might sound like an offbeat question, but it is extremely important when it comes to finding a qualified personal injury lawyer. Unfortunately, some attorneys are only in business to take the first settlement offer that comes along from an insurance company. The answer to this question lets you know if the lawyer you're talking to is serious about representing their clients and if they have the ability to take on and master new challenges, rather than, literally, settling for easy money from routine cases.

Proving Negligence After a Car Accident

When it comes to proving negligence in Massachusetts, there are a number of elements that must be taken into consideration. If you have been in a Massachusetts car accident you may have a lot of questions concerning how negligence is proven and how that factors into your particular case.

Proving Negligence in Massachusetts

There are some general factors used in proving negligence in Massachusetts, such as:

• Legal liability must be determined
• The number of people involved in the accident
• The amount of fault on behalf of the accident victim

In any accident case, someone is legally liable for damages. The basic rule is that if one party involved in an accident was 51% responsible for that accident, they may be held liable for paying for at least a portion of the damages incurred, as dictated by Massachusetts' comparative negligence law.

The number of people involved in the accident is another important factor used in proving negligence in Massachusetts. If one liable person is not insured but another one is, you will want to make your claim against the insured person. In any case, even if all parties involved are insured, a claim can only be made with one insurance carrier.

Possible Outcomes in Proving Negligence in Massachusetts

There are a few possible outcomes for proving negligence, dependent upon the following factors:

• Duty - The defendant is obligated to act in a certain manner toward the plaintiff, including driving with care and following all traffic laws.

• Breach of Duty - Failure to exercise reasonable care in fulfilling the duty. If the defendant did not follow required traffic laws, they breached their duty to the plaintiff by driving recklessly.

• Cause in Fact - Injuries to the plaintiff would not have occurred without the defendant's actions. This means your injuries were a direct result of that accident.

• Proximate Cause - Dependent on whether or not a defendant was able to foresee the risks involved that caused the accident. For example, if the defendant was driving under the influence of alcohol, they were aware that driving in that condition was a risk to others.

• Damages - Failure to exercise reasonable care must have resulted in actual damages to the plaintiff. This means you were injured as a result of the defendant's negligence, i.e. - they were driving unsafely, violating traffic laws, and that negligence resulted in your accident injuries.

With so many factors and laws involved in a case of negligence it is in your best interest to consult with a qualified Massachusetts personal injury attorney who can help you determine who is liable for your injuries and help you build a personal injury claim.

The Rights of Auto Accident Victims and the Importance of Auto Accident Lawyers

Auto or car accidents are situations and events that nobody likes to happen or even think about, but almost nobody can avoid forever. At least once in our lives, from just one second of negligence or bad luck, we become involved in a car accident in one way or another. Fortunately, some of us are lucky enough to escape with mere cuts, scrapes, bruises, or fractures. There are others, however, who unfortunately suffer massive physical trauma, brain injury, paralysis, or sometimes even death.

And even if we are lucky enough to walk away from a car accident physically unscathed, we still have to deal with emotional trauma and/or financial stress. Fortunately, the United States legal system has been able to set up sufficient laws to make sure that auto accident victims are protected and would be given all of their rights.

The sad truth, however, is that it can be quite hard for an ordinary person to battle with insurance companies to receive the full benefits of these laws. This would be exactly why it helps to have a law expert on your side.

If you need somebody to help you make sure that the laws written to protect you are enforced, it would be a very good idea to call on the assistance of an auto accident attorney or lawyer from a reputable law firm to help you out. Auto accident lawyers have generally spent years on serving car accident victims and answering the difficult questions that they ask. Because of this, car accident lawyers possess all the sufficient information and knowledge as well as the competence needed to ensure that you will receive the full protection promised to you by law.

Car accident lawyers make sure you would be getting all your legal rights for: a thorough medical evaluation and examination; medical care for all of the injuries that you have sustained because of the accident; ongoing care in case of any resulting disabilities; compensation for any property damages and medical bills; reimbursement of lost pay or salary; reimbursement of lost earning capacity; payment of damages for physical or emotional trauma, when applicable; and payment of damages for wrongful death.

So, if you are ever in a car accident, do not think twice. Get a car accident attorney to help you get what is yours. There are a lot of online resources to help you land a good lawyer that would make sure that all your needs would be answered.

Traffic Accident Attorney - 3 Rare Car Accident Injuries That Are Often Overlooked After a Car Crash

Are you considering hiring a traffic accident attorney? In this article we are going to talk about 3 rare car accident injuries that are often overlooked after a car crash.

Right after a car accident there is a lot of things that are going on. The police are asking you questions, the insurance company is sending you documents and your friends and family are trying to be there to support you. Your head is spinning and you are wondering what you are going to do tomorrow and how you are going to pay your bills. You may not even understand what is wrong with you but you know that something is wrong. A traffic accident attorney is a good person to talk to at this time since they will be able to tell you many common car accident injuries that are often overlooked after a car crash. Allow us to now look at 3 of those below.

Number 1 - Brain Damage

The brain is a very delicate part of your body and very important as well. If your brain was damaged in the wreck you may not realize that affects right away. You may begin to forget or to have headaches. There are a lot of different things in your body that may be affect if your brain is damaged in the accident.

Number 2 - Nerve Damage

Nerve damage can also cause you a lot of problems that may not surface right away. Maybe you are just feeling a little odd and different than before the wreck but you are not sure what is going on.

Number 3 - Skull Fractures

As said above the brain is very delicate, this is why the skull is made so tough. Even though the skull can take a pretty good beating it is not uncommon for a auto accident victim to have a skull fracture.

Common Reasons to Consider a Personal Injury Lawsuit

The legal system is many things. Those persons who find themselves in a position where they are forced to participate in the civil law process tend to find it to be very intimidating. Individuals who do not obtain a favorable decision from a trial, judge, or arbitrator are likely to find numerous flaws with the system from top to bottom. But for the people who prevail in their effort to hold a negligent party accountable for grievances, it is a process of incalculable worth. Understanding when it is appropriate to consider a personal injury lawsuit can help to increase the likelihood that your experience falls into the last category.

Mocked by unnecessarily bitter folks as "ambulance chasers", personal injury attorneys are actually more like the people's champion. The practice areas managed by a personal injury law firm can cover a broad variety of different cases and circumstances, but they are all held together by the following common thread: personal injury cases offer a wronged individual to pursue a civil judgment against the party or parties who have wronged him or her. Without the work of these attorneys, there would be little recourse against the manufacturers of dangerous products or the people whose egregious acts of negligence endanger the life and safety of another.

When to Sue

Because a successful lawsuit has the potential to reap substantial financial awards for the plaintiff in a case, there is a real temptation to file suit even when doing so may not be the best or most appropriate means of addressing an injurious accident. A reputable lawyer will help you to understand whether you may, in fact, have a basis upon which to seek a legal action, so it is highly advisable to seek representation from a firm with a demonstrable track record of skills and experience.

Unfortunately, the sheer numbers of different variables that must be taken into consideration in each unique case make it impossible to compile an absolute guide to what constitutes a viable case and what does not. The following list, however, represents some of the most common reasons that an individual may wish to consider a personal injury lawsuit:

Slip and fall accidents
Motor vehicle collisions
Physical assaults
Defective or dangerous products
Medical malpractice
Dog bites and other animal attacks

For a Thorough Review

For a thorough review of your potential case, contact the Des Moines personal injury lawyers of LaMarca & Landry, P.C.

Claiming Compensation For Your Head Injury

Suffering a head injury is frightening, especially when the extent of the damage is unknown and the future of the victim is unclear. For both victims and families, it is an overwhelming experience that often changes their lives forever. If you and your family have found yourselves picking up the pieces after an injury such as this, the sooner you begin thinking of the future and what lies ahead, the better it is as you seek head injury compensation. Consulting an attorney is your first step in protecting your future. Not only will there be the medical considerations, but the legal ramifications will quickly become quite overwhelming and stressful. Frankly, the last thing you will have energy for is to deal with insurance companies and opposing counsel whose only purpose is to quickly close out a claim with as little of its clients money as possible.

The right legal counsel can steer you in the best direction as you face that future, even when it is unpredictable. Victims often change in drastic ways, including changes in their personalities, mental status and their ability to work. Indeed, head injuries are often the most traumatic and require the longest recovery times. Physicians refer to these changes as "psychosocial" and affect every family member and the worse part is it is difficult, if not impossible, for a doctor to predict how these changes will affect a victim in the future. Of course, there are those who recover completely and go forward with their lives with little or no changes at all. The problem, however, is it is virtually impossible to know the long term affects of anyone who has suffered an injury to their head, neck or brain - even those who report no pain immediately following the injury. This is partly due to the uncertainties involved with the psychological aspects and less about the organic changes that occur. Again, this is yet another reason for securing legal representation as soon after the injury occurs as possible.

You can be sure the insurance companies, especially when the injuries are due to negligence on another's part, will aggressively argue head injuries are subjective. While no one can quantify the pain and loss, nor should anyone attempt to decide the degree of suffering of another. Neurologists around the world have long since warned of the dangers behind assumptions of this nature and the right legal representation can protect you from these efforts of opposing insurance companies and their own teams of lawyers while moving forward with securing head injury compensation for you and your family.

As you and your family deal with the many aspects of life after a head injury, the one burden you should safely be able to trust another with is the compensation factor. This is why it is crucial to select the right legal representation; one who stands ready to go to bat for you and who makes himself available to answer questions, provide guidance and insight and who approaches your case with equal measures of compassion, aggression, respect and fairness. Anything less should be unacceptable; after all, it is your future and that of your family's that is at stake.

An Auto Accident Settlement - The 101 on Your Rights and How to Get Your Car Accident Compensation

Are you struggling to get an auto accident settlement? In this article I am going to give you the 101 on your rights and how to get your car accident compensation.

There are many people that may be pulling their hair out trying to figure out how to get their auto accident settlement. One of those people does not have to be you. While there is a lot to learn about the subject there are some fundamentals that will help you on your way. Let's go on to the 101 on your rights and how to get your car accident compensation.

You Are Not At Fault

We are going to assume that you were not at fault in the accident throughout this article so what you read is going to go on under that assumption.

Every Little Bit Helps

If you have been injured in any way then you deserve to be compensated for these injuries. Even if the injury is just a bruise or a cut you should take a photo right away and document this as being from the accident. Make sure to go see your doctor quickly so they can not only treat you quickly but so you can get everything documented as well.

How about your vehicle? Has it been crashed badly or does it just have a few dings? Maybe you think that you do not need to worry about that in your auto accident settlement. The truth is that even those little dings can cost quite a pretty penny to fix. You should be sure to take close up photos and farther back photos of the damages to your car as soon as possible. You need ever bit of the car accident compensation that you deserve.

Get Legal Help

Don't be stubborn. The insurance company has a whole legal team on their side. You should consult an auto accident attorney so that you can get the most out of your car crash claim.

Protecting your Rights in a Personal Injury Case

In the simplest sense, personal injury claims involve individuals who have sustained personal injuries and are seeking damages or compensation for the permanent disability, pain and anguish, emotional upset and other ensuing injuries from the entities at fault. The entities at fault may be another person, corporation or institution.

Either one of three factors may bring on a personal injury claim:

1. negligence

2. strict liability

3. intentional wrong

Regardless of these grounds, though, the claim for personal injury needs to meet with the three necessary elements of personal injury or tort in order to determine liability.

Minor accidents like fender benders, which results to small damages, could establish definite personal injury claims. However, these instances can occasionally be resolved or settled without the assistance of a personal injury attorney.

On the other hand, if you have been an innocent victim of an accident that caused you significant or considerable damages like severe and permanent injuries, terrible mental and emotional distress, then it would be in your best interest to retain a personal injury lawyer. The lawyer you will hire need to be experienced in the specific injury you suffered and he/she could help you with setting up your personal injury claim.

The personal injury lawyer will also be the source of useful legal information you will be needing to establish your claim. He/she can be expected to know faithfully how everything would flow and work out according to your best interest. He/she will also help so that you can win reasonable compensation.

Settlement of personal injury claims

For minor accidents that have brought you only superficial injuries and damages, it may be in your best interest to settle quickly. This can be done by going directly to the insurance company and deal with them for the assessment of your property damages.

For example, in minor car accident injuries, the automobile industry have already a fairly standardized way of assessing damages in the vehicle. Often, an automobile body shop would quote up your damages and a representative or claims adjuster of the insurance agency will already offer a fair compensation.

While this could help in avoiding dragging the case out and incurring you with further expenses, this transaction would not do if you sustained significant personal injuries. This is the time when a personal injury lawyer's services become very valuable.

Insurance companies may sometimes trick you into accepting less money than what you really deserve and what is fair according to the injuries and damages you have suffered. This is understandable because insurance companies are just like most businesses there to earn money.

In protecting your rights and aiming to receive what you truly deserve out of a personal injury case you have launched, make sure to hire a highly experienced personal injury lawyer with a proven track record.

It could also be in your best interest if the personal injury lawyers you retain have significant court experience. A personal injury court lawyer could ensure that you are compensated justly in the settlement agreements.

Injuries That Trigger Mental Anguish

When to sum the facts of life, the bad and the good things will bubble up along with the joy and the grief ness affiliated to it. In any manner a number of us have been engaged in accidents that cause us to suffer slight and serious personal injuries. Practically the personal injury claims are bound to be made when the accident has taken place and has been remaining the cause of suffering for others as per the law and the Florida attorneys.

Personal Injury cases happen on the basis of the scenarios like automobile accidents, medical mal practice, slip and fall accident and to say further it can incorporate the birth injury case as well. The hazardous road with the excessive traffic has become more common for the car accident. This injury occurs when a car behind the people hits from behind standing at the road or in the traffic signal. This creates a fast forward jerk to the car and the victim’s body is thrown forward. People may get aching and pain in the shoulders, headaches, ringing in the ears etc. Some cases can be quite severe and the pain might linger for more than a few weeks. Some people might need to take time off work and this is where suing with the help of the Florida Accident Lawyers for damages might help recover some of the financial loss.

Once you go into the details of the case numerous minute details, which initially seemed insignificant and unrelated to the case, become crucial facts that may have major impact on the final outcome. Florida Lawyers, of your state of residence, will be the only legally qualified and competent person to handle these particulars of the legal system. Prior experiences in dealing with similar cases have acquainted a Personal Injury lawyer with the legal technicalities that is involved in any such case. It would be impossible for any prosecutor to take hold of the legalities involved and the victim’s family or victim himself would definitely not be in a state to fight their own case under such circumstances.

Florida injury lawyers [http://www.booneanddavis.com/areas.php] can be the victim’s best resort in such circumstances. Hence it is advisable to choose the most competent lawyer to fight your case and get you the compensation and justice which you deserve. Before hiring the service checking into the track record of the Personal Injury lawyer would be of supreme importance.

Why You Need Bicycle Crash Lawyers in California

There are people who prefer to ride the bicycle than other kinds of vehicles because of safety issues. Some even use bikes as their major means of transportation. Some use bicycles for fitness purposes, while some ride them as a form of leisure.

Though biking truly has its benefits, it has its downside too. It could cause major harm, physical injury for example, especially if people neglect safety precautions while riding a bike. But sometimes, no matter how much bikers try to avoid tragic scenarios, nor how much safety measures they practice, bicyclists are still not free from risks.

Despite the fact that bicycle crashes create only a small size of vehicular accidents, they often result to the most serious injuries. Since a bicycle offers only minimal protection to its rider, almost every part of the body may be vulnerable to wounds.

Majority of bicycle accidents account to the negligence of other drivers on the road. When a driver suddenly makes a turn, or pulls back or out of a road or driveway, or opens his or her car door without checking for passing bicyclists, an accident will likely happen.

In the event of an accident resulting in death, a wrongful death action can be made against the party at fault.

When deciding to sue someone for the injuries you have sustained, or for the death of a loved one, because of the negligence of another, it is helpful to get an attorney.

That is why there are lawyers in California who specializes with cases like these. You can seek their help if you, or any family member or friend, gets involved in a bicycle accident.

California bicycle crash lawyers can certainly help you recover from damages caused to you by the accident. They can help you sue the negligent party if they were truly at fault. You will not have trouble getting just compensation if you were able to get a good attorney.

Your bicycle crash lawyer would also know if there is other, negligent parties to blame for the accident. Your claims may also uphold to other persons accountable to the bicycle crash, such as the other automobiles; the State and the City of Los Angeles; the private property owners; the bicycle manufacturers; the repair shop; and the mechanic that fixed your bicycle as well.

Do not be distressed if you do not know what to do or who to consult after the incidence of bicycle crash accidents. It is easy to find lawyers who deal with these types of vehicular accidents. You should find lawyers specializing in bicycle crash accidents since they are best qualified to defend your rights, especially if you are entitled to claim damages for the injuries you have sustained.

Monetary damages include emotional suffering, physical injuries, lost wages, and medical bills. The negligent parties could be getting away with many legal responsibilities if you don't fight for your rights. You will need extensive legal assistance to support your claims.

Definitely, you can find many law firms. But it is encouraged and strongly advised that you seek an attorney that can help you best in coping and dealing with the consequences of the accident.

Issues Involving Brain and Head Injury Sustained in an Accident

Brain and head injury, more commonly known as traumatic brain injury, occurs when physical damage is inflicted on the brain. These injuries are oftentimes the result of a major or severe blow to one's head or skull, causing damage to the brain. For instance, when the head hits a hard object with great force, such as a windshield or the dashboard of a car, or when an object passes through the skull and penetrates the brain - brain and head injury may be incurred.

Victims of transportation accidents involving automobiles, motorcycles, bicycles, and pedestrians may suffer from brain and head injury. Injuries of this type may range from minor to serious cases, depending on the extent and severity of damage, and its effects on the victim.

Minor head injuries such as abrasions, cuts and mild contusions may be easily treated. On the other hand, serious head injuries generally need urgent medical attention as it can lead to permanent brain damage or worst, death.

Brain and head injury may also cause paralysis, impairment or disability. Depending on what type of injury the brain suffered, the location of the injury (whether localized or diffused), and the degree of the impairment, the effects or changes may be felt by the victim in the exercise of the following functions:

Cognition - attention/concentration, memory, perception, judgment, information processing, abstract concepts, time and space relationship, reading and writing skills, and mood
Sensation - tactile sensation and special senses such as vision
movement abilities - strength, endurance, coordination, tremors, swallowing problems, and balance

Here are the following symptoms of a serious head and brain injury:

Repeated vomiting or nausea
Persistent headache
Convulsions or seizures
An inability to awaken from sleep
Dilation of the eyes
Slurred speech
Weakness or numbness in the arms or legs
Loss of coordination
Increased confusion, restlessness or agitation

Head and brain injury sustained in car and vehicle accidents may be recoverable according to law. Damages recoverable from this injury may differ from state to state. However, in California, the compensation that victims generally receive, in addition to medical and rehabilitation expenses are based on the following:

the nature and extent of the injury (whether the injury is temporary/permanent)
pain and suffering
loss of earnings and impairment of earning capacity
any disfigurement or deformity
mental anguish
the loss of enjoyment of life

Because the effects of brain and head injury may not be detectable at once, you have to seek medical attention as soon as possible after getting involved in an accident. In this way, you will not only know what your possible injuries are, but you can have a better chance of documenting your case as well, and eventually, filing a claim for damages for your injuries.

Treatment and rehabilitation often depend on the injury. People with severe injuries usually need rehabilitation and better treatment. In most cases, a victim must first undergo a personalized rehabilitative treatment plan, which includes physical rehabilitation, medication, community support programs, speech/cognitive thought rehabilitation, neuropsychological services, and other options.

Most victims of brain and head injury respond better to treatment when a team of caretakers and supporters, from doctors, nurses, and psychotherapists work together with family members or even coworkers to lend support to the victim.

Top Notch San Bernardino & Riverside County Motorcycle Injury Attorneys Help Victims of Crashes

Top-notch San Bernardino & Riverside County Motorcycle injury attorneys help victims of crashes in all Riverside County cities like Corona, Norco and other California cities on a regular basis.

Riverside County is known for smog, beautiful hills, uncrowded court, fast moving freeways, and it is fortunate in that it has so many top notch motorcycle crash attorneys to help its citizens file compensation claims for injuries. Riding is very common in these cities due to the open roads and vast expanses of light traffic. Take old Corona for example. It is a beautiful city to go riding your motorcycle. Bikes are very popular there and in fact; they are popular in all of the cities in Riverside County. San Bernardino is similarly situated with many big rig trucks speeding through the surrounding freeways.

And you will need top notch injury attorneys with so many riders on the road in the Inland Empire. With so many victims of auto related crashes, there is a demand for these highly trained professionals to offer their top notch services to help the victims of motorcycle accidents. Riding motorcycles is a popular way to get around town and is increasing in its popularity because of the high gasoline prices.

If you have decided you want to join the rush to get a bike to ride so you can beat the high prices of gasoline, take into consideration the possibility of a tragic accident happening to you. If you ride, you may be finding that their professional services are being needed more and more these days.

You may still need top notch attorneys, even if you already have a motorcycle. Make sure and take a motorcycle safe riding course to help diminish your possibilities of getting into a solo accident. You may not be able to avoid someone pulling out in front of you but you can take the course to be aware of where and when to expect that might happen.

Every top notch lawyer will tell you to take the added precaution to wear leathers and other safety gear. Always wear a helmet to help reduce incidence of brain damage if you are ever in a motorcycle crash.

Top notch Bernardino & Riverside County lawyers know that lost wages, lifetime injuries, broken bones, PTSD, emotional damage and even personality changes can occur as the result of a motorcycle crash. If you do not ride a bike, but love someone who does, you may be the victim of losing that person forever if they are involved in a crash. When a tragedy like this occurs, it's nice to know that caring and well trained lawyers for rider injuries are available for you to turn to find out what rights you may have under California state law.

5 Secrets Behind Winning Personal Injury Case

Accidents break the rhythm of your life. The lifestyle you are habituated with seems to be imaginary. You are bound to follow a different kind of routine altogether, whether you like it or not. Serious personal injuries can even ruin you financially as it becomes impossible to work until you recover completely.

Fiscal problem increases your suffering many folds causing excessive mental pressure. With higher levels of mental tension, it takes longer time for you to get well. Imagine how frustrating the whole phase could be when you know it was not your fault but someone else's negligence and carelessness!

Personal injuries can happen in different ways. Car accident, slip and fall in road or any public or private premise, work related hazards, injuries occurred when you are at leisure, medical mal practice, mal functionality of any product - any event that make you suffer because of other's negligence enables you claim compensation for the damage caused.

State laws support you to receive justice in such cases if others' mistake is proved. Here lies the trick. The law offenders - persons or institution, would always try to hide their faults. To win personal injury claim you need to back it with effective evidences.

Following points, if carefully followed, increase your chance of winning:

Consult Personal Injury Lawyer: Senior lawyers have the experience and better understanding of state laws. Florida lawyers are best to file personal injury claim in a court of law in FL. Attorneys can make a good plan of action to handle the tricks of opponents. With personal injury lawyers chances of win increases and you can stay out of tension.

Act timely: Personal injury claims should be filed soon after the accident happened. Once the accident crosses the statute of limitations for personal injuries in Florida, it will be declared statute barred. Personal injury statute of limitation in Florida is 4 years. Seeking legal advice to know the limitation would be the best thing because statute barred personal injury cases are hardly taken by lawyers.

Doctor's note: The doctor who first treated you holds a vital role. Type and degree of injuries as observed by him should be documented. Lawyers produce this document as evidence in support of your claim. Sometimes, specialist doctors are called upon to inspect the medical reports during the trial. Hence medical help is to be sought as soon as possible after the mishap.

Police report: In case of car accident claim, police report means a lot. Policemen who witnessed the accident or visited the spot immediately after the accident occurred are often called as witness for the claimant. Police report pointing to the details of the accident like the name of the persons involved, VIN of both the vehicles, place of accident etc. strengthens your claim. Car Crash Lawyers Ft Lauderdale [http://www.booneanddavis.com/auto-accidents.php] often produce police report as evidence.

Statements from eye witnesses: Written or recorded statement of persons who eye witnessed the accident brings the ball in claimant's court. Personal injury solicitors often collect statements from witnesses and get it signed by them. Sometimes third party investigators are appointed to get statements from witnesses.

Apart from the above mentioned five points, any sort of supportive evidence increases the chances of winning. Photographs of injuries and the place of accident, a detailed report about the changes in lifestyle of the personal injury victim etc. can be of high significance. Also, a chronologically maintained chart how the victim recovered along with the bills helps the court to calculate the amount of compensation to be paid to the claimant.

Accidents - 5 Deadly Sins That Could Wreck Your Injury Claim

Issues that Can Sink Your Case

Here are what I consider to be the Five Deadly Sins that can wreck your personal injury claim. These sins are based upon my experience and discussions with many judges and jurors.

1. The Client is Referred by the Lawyer to a Doctor

Local judges call this "service" the kiss of death to a claim. The problem is that jurors are highly suspicious of lawyers and doctors who have a referral relationship. While the client may not know how many of that lawyer's clients have been referred in the last 12 months to a particular doctor, you can bet that the insurance company knows it or will find out about it. How credible do you think that doctor's testimony will be when the jury finds out that he treated 50 patients from the same lawyer last year? Are there exceptions to this rule? Yes, there are. You may have a very special need for a doctor with a special expertise. It is perfectly legitimate for the attorney to make a suggestion or recommendation. If every client though, is getting referred to the same chiropractor or the same orthopedist, then that is a huge problem. (So beware of the attorney who has a stack of doctor/chiropractor cards in his office. You need to ask the right questions and fully understand the business relationship, if any, between that attorney and the doctor.)

2. Hiding Past Accidents From Your Lawyer

Once you begin a case, the other side will be interested in knowing how many past accidents you have been in. The reality is that they probably already know the answer or have easy access to that information. All insurance companies subscribe to insurance databases and often the only reason they ask you this question is to test your credibility. If you have been in other accidents, your lawyer can investigate this and make a determination as to whether this is a valid problem in your case or not. If you do not tell your lawyer, however and you misrepresent your accident history to this insurance company, then it is almost guaranteed that you will lose your case.

3. Hiding Other Injuries

It goes without saying that you should be upfront and honest with your attorney about any injuries that occurred before or after this accident. Again, if you saw a doctor or other healthcare provider, then there is a record in existence that the insurance company will find. Your lawyer can deal with this if he knows about it. If you lie about it, and the insurance company finds out, then your case is over.

4. Not Having Accurate Tax Returns

In most cases, a claimant will have lost income. You will only be able to claim that lost income if your past tax returns are pristine. Again, being honest with your attorney is the only way to be, because he or she can deal with the problem if they know about it.

5. Misrepresenting Your Activity Level

Insurance companies routinely hire private investigators to conduct videotape surveillance. If you claim that you cannot run, climb or stoop, and you get caught on videotape, you can forget about your claim. There is no explanation (other than "You got my brother, not me!") that can overcome the eye of the camera.

Brain Injuries - How Can You Be Affected?

Although it may not seem something you need to worry about, impact brain injuries are unfortunately all too common. Impact brain injures are also something that can happen at any time, for example at work, or when walking down the street. An impact brain injury is a bang to the head that causes the brain to move within the skull and is assessed in different degrees of severity. What's more if you are thinking of legal action related to this type of injury you will need to deal with a specialist brain injury lawyer in order to receive the maximum level of compensation possible.

A skull fracture is when the skull is broken or crushed due to impact. The damage can range from a simple linear fracture, which shouldn't require surgery, to depressed and basilar fractures that often lead to hospitalisation, surgery and observation. What's more skull fractures can result in open head injuries or closed head injuries depending on the severity of the impact. Of course all of these fractures can be temporary, leaving no lasting brain damage, or can lead to lasting brain damage.

Brain injuries come in three states of severity: mild, moderate, or severe. It should be apparent that each level of severity is worse than the one preceding it. Mild brain injury is an impact that temporarily alters the victim's mental status at time of injury. For example you may fall unconscious or experience profound confusion. Recovery from mild brain injury is extremely likely.

Moderate brain injury can also be recovered from easily although there will be some ongoing treatment. This level of injury is accompanied by physical, cognitive or behavioural impairments, which can usually be overcome. For example, Alan, aged 53, fell 30 feet whilst cleaning windows at a shopping centre. He suffered a severe fracture and a psychological reaction. However with expert treatment, including occupational therapy and rehabilitation, he can now lead a relatively normal and rewarding life.

Severe brain injury leads to long-term damage and may result in the patient losing consciousness, or entering a coma, for days, weeks or months. Stephen suffered a severe brain injury after being hit by a taxi when leaving a nightclub. Unfortunately the severity of the impact means that he can no longer speak or swallow and has to be fed through a feeding tube. He will also need 24-hour care for the rest of his life.

The main problem with any kind of brain injury is that it can fairly difficult to find the expert legal advice that you will need in order to receive the right level of compensation. Without a specialist brain injury lawyer, who knows the effect of damage and legislation surrounding brain injuries, you are likely to find yourself going round in legal circles. In fact both of the case studies mentioned above were mired in a legal purgatory until they approached a specialist brain injury lawyer.

Brain injury lawyers provide expert advice on brain injuries in general and can also provide information on specialist brain injury lawyers should you need one in the future.