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Tips to Follow After An Auto Accident

My Family Attorneys on February 20, 2021

Experienced personal injury lawyers understand that being involved in a serious auto accident can be a frightening and traumatic event. You have the right to file a claim if you have been hit by a negligent driver who caused your injury. To avoid committing errors that may result in your case getting dismissed, you should know what to do if you are injured and follow the correct procedure. 

A skilled car accident lawyer like one from The Law Firm of Frederick J. Brynn, P.C. encourages individuals to follow these important tips so you can keep your rights protected and improve your chances of obtaining the highest compensation amount you deserve. 

Seek a Medical Evaluation

A medical report is one of the best pieces of evidence in an auto accident case. Refusing a medical evaluation is not recommended because it puts you at a disadvantage and may cause your claim to get thrown out. Insurance companies may also argue that you didn’t suffer from serious injuries so your claim is invalid, and may refuse to compensate you properly. 

Don’t Admit Fault

It is important that you stay silent about any part you may have played that led to the accident. Your words can be used against you in any type of legal matter. For example, if you are involved in a car accident and you apologize for partial fault, you can jeopardize your chances of filing a claim or earning payments for damages. Even if it’s true, only mention such details to your attorney. You can remain silent if anyone ever confronts you with questions regarding fault. 

Collect Photo and Video Evidence

If your condition allows you to, take photo and video evidence of the location where the accident occurred. Record the accident site as well as the area around the vehicle, such as other damaged property, debris, and skid marks on the pavement. Document the extent of damage caused so you have an accurate idea of the costs of repairs or if the vehicle is a total loss. If you are not able to record or take photos, have someone else take them for you. 

You should not have to suffer the consequences of an accident that you did not cause. If you are concerned about paying for expenses such as medical costs and property damage, you can rely on a lawyer to inform you of recommended actions and support you through your ordeal. Speak to an experienced and admired personal injury lawyer today to begin the claims process.

Workers’ Compensation Exclusive Remedy Provision

My Family Attorneys on February 7, 2021

In Nevada, when an employee is injured in an accident arising from or in the course of his or her employment with an employer, an employee’s legal course of action is limited to a workers’ compensation claim through the Nevada Industrial Insurance Act (NIIA). This is called the exclusive remedy provision. In Nevada, the NIIA protections require employees to forego his or her common law remedies against his or her employer. In other words, an employee may not sue his or her employer for negligence resulting in his or her injury arising from or in the course of his or her employment with an employer. The injury suffered must be related to a risk within the scope of his or her employment, as a personal injury lawyer in Las Vegas, NV, can explain.

An accident is defined as an “unexpected or unforeseen event happening suddenly and violently, with or without human fault, and producing at the time objective symptoms of an injury.” Fanders v. Riverside Resort & Casino, Inc., 126 Nev. 543, 549 (2010).

Intentional Acts Exception to the Exclusive Remedy Provision

An employee can avoid the workers’ compensation exclusive remedy act when an employer “deliberately and specifically intended to injure the employee.” Fanders v. Riverside Resort & Casino, Inc., 126 Nev. 543, 549 (2010). The employee must plead facts in his or her complaint that establishes the deliberate intent to bring about the injury.

An employee cannot simply label an employer’s conduct as intentional to circumvent the exclusive remedy act. Conway v. Circus Circus Casinos, Inc., 116 Nev. 870 (2000). The severity, depravity, or degree of the negligence on behalf of the employer is irrelevant to this exception. The focus must concern whether the specific action resulting in the injury to the employee was an intentional act that caused injury to the employee. An employee must show that the employer causing the intentional injury had a desire to intentionally harm them or that the intentional injury was premeditated by the employer with the specific intent to cause injury to the employee. The employee must show that the employer had more than mere knowledge and appreciation of the risk causing injury to the employee. The employee must show that the cause of the injury rose to the level of specific intent to cause injury. “Even if the alleged conduct goes beyond aggravated negligence, and includes such elements as knowingly permitting a hazardous work condition to exist or willfully failing to furnish a safe place to work, this still falls short of the kind of actual intention to injure that robs the injury of accidental character.” Conway v. Circus Circus Casinos, Inc., 116 Nev. 870 (2000).

If an employee can properly allege that an employer intentionally injured him or her, the employee can circumvent the exclusive remedy provision and sue the employer under common law remedies.

How an Attorney Can Help

If you have a question regarding the Nevada Industrial Insurance Act and the intentional acts exception, an experienced attorney can ensure that you are properly apprised of the actions that may be brought against your employer.

Thanks to Eglet Adams for their insight.

 

Top Christmas Injuries

My Family Attorneys on December 3, 2020

Christmas is the happiest time of the year, with people coming from far away to spend time with family and friends to celebrate the festive holiday. However, in all the fun and laughter it is important to be cautious of injuries that could occur during the holiday season. Each year, approximately 14,000 people are injured due to some type of Christmas-related accident. Below are some of the top injuries that occur around Christmas.

Electric Shocks

Although Christmas lights are lovely and beautiful to look at, they can be very dangerous. They can cause severe shocks to people when they are putting up or taking down the Christmas lights. The chances of shock increase, even more, when putting lights outside because they or the outlet could get wet or be covered by snow.

Cuts and Lacerations

Lacerations often occur from touching broken tree ornaments during the decorating process. Cuts can happen from chainsaws when you are cutting down the tree that you plan to decorate or if you need to reshape the tree.

Falls

Falls are also common around Christmas time for people when they are decorating their houses and Christmas. When decorating the outside of the house, people use ladders or chairs to reach higher places, but if the ladder or chair is not been properly balanced then people increase their risk of falling down and hurting themselves and possibly needing to go to the hospital because of the fall.

Smoke Inhalation and Burns

Burns can happen in several ways around the holiday season. You could get burnt from electric shocks from the Christmas lights. 

You may not have been aware that a living Christmas tree needs maintenance, otherwise it could dry out and result in catching fire from the lights that are on the tree. Around this time, people are using candles more and that could increase the risk of a fire if the candle is left unattended for too long. Along with all of this, people tend to do a lot of cooking around the Christmas holidays. If the cooking is not properly attended to then that chance of a kitchen fire increases. Smoke inhalation and burns from these fires can lead to emergency room visits.

Traffic Accidents

With everyone ready for the holidays and celebrating with friends and family, there are likely to be more people on the road. Between the increased number of drivers on the road and poor weather conditions of winter, accidents have a good chance of happening.

While Christmas may be the most wonderful time of the year, without proper safety precautions the merriment can easily lead to worry and a hospital visit. All of the injuries listed can be mitigated by exercising some safety precautions.

At the Brandy Austin Law Firm, PLLC, we hope that you have a safe and wonderful holiday season. However, if you or a loved one are injured during the Christmas season and suspect it is due to the negligent action of another, contact a personal injury lawyer for a consultation.

The Process of Asking for Alimony Amid a Divorce

My Family Attorneys on October 29, 2020

Reaching the decision to divorce your spouse is not often easy. The financial impact that both people may experience is sometimes enough for people to continue to remain in a relationship that they no longer want to be in. The idea of contending with so many changes can be overwhelming. Much of the time, there is one person in the relationship who is the higher earner. In this type of situation, you may consider speaking with a lawyer about whether you are entitled to alimony/spousal support. A lawyer can help by protecting your interests, advocating for alimony payments and help to reduce the likelihood that alimony will be rejected. For help with alimony and your divorce, do not delay in contacting a divorce lawyer, such as from The McKinney Law Group. 

Determining Alimony Payments

If you believe that you are entitled to alimony, you may be curious of how alimony payments will be calculated. There are primarily two ways that alimony payments can be determined. You and your spouse may reach an agreement amicably, or you may need to turn to the courts to render a decision. While much of the time alimony is meant to be temporary, available for a period of time until the lesser earning spouse is able to get back on their feet again. In some situations, alimony may be received on a more permanent basis. When determining alimony payments, there are a number of factors that will be taken into consideration by the judge: 

  • Confirmation that the spouse is in need of financial support
  • Whether alimony will be enough to allow each party to maintain their standard of living
  • What the expenses of both parties will be
  • The amount of income the higher earner can bring in each month
  • Ensure that the other party is able to pay alimony each month
  • Circumstances surrounding the marriage, such as behavior amongst each party, the standard of living, and the contributions that were made during the marriage

Working with an alimony lawyer can play a crucial role in negotiating alimony payments and presenting evidence in support of your need. 

When Alimony is Rejected

No person in need of alimony wants to learn that their request has been rejected. This can be a bit unsettling, especially if you are reliant upon this source of income to support yourself. Much of the time, once a divorce is finalized, you may not be able to make changes if your request for alimony has been denied. However, in some cases, when this decision has been reached in error, it may be possible to take action. Examples might include, assets that have been hidden by the other party, mistake or fraud. Additionally, in order to secure alimony payments, it’s in your best interest to have an agreement that is in writing. This can help you to safeguard the alimony that you are entitled to. To ensure that your rights are protected during divorce and beyond, it’s important that you obtain the representation of an experienced lawyer. 

Contacting an Alimony Lawyer

The financial impact that a divorce can have is especially challenging. When managing the many changes a divorce can bring, along with supporting your children and healing emotionally, it can feel incredibly overwhelming. Alimony is one way of ensuring that you continue to receive the financial support you are in need of after you have reached the decision to no longer continue in your marriage. You have a right to ensure that you are protected, contact an alimony lawyer before it’s too late. 

Your Rights As a Pedestrian After an Accident

My Family Attorneys on September 25, 2020

When it comes to accidents involving pedestrians, there are a few different misconceptions. One major misconception is that the driver is always at fault. In most cases, the driver is, however, there are exceptions to the rule. It is important to understand the complexity of the case before you file a claim. Here is what you need to know if you were hit by a car recently.

Making Claims Against Drivers

In most cases, you can make a claim against the driver of the car. This is true, no matter where you happened to be walking. If you were not in the crosswalk, you could still file a claim against the driver. It is up to the driver to practice common sense while driving. For instance, if a car sees you crossing and has time to stop the car, then he or she cannot still hit you. If there is a reason for the car to believe that there may be someone in the road, he or she has to pay attention to potential obstacles.

Now, if a person crosses a street without the use of common sense or without paying attention and is struck by a car, it may be a more complex case. If the car had no time to stop or if there was reason to believe that the driver could not see the pedestrian until it was too late, then it might not be the driver’s fault.

If the driver is at fault for your accident, then he or she may be responsible for your medical bills. In no-fault states, this is different because you would have to rely on your medical insurance to pay the bills.

Making Claims Against the Municipality

Some vehicle and pedestrian accidents are the fault of the city. When this happens, it is usually because of how the street is laid out or because traffic control lights failed. For instance, if you were at a crosswalk and the light said it was safe to walk and the driver’s light flashed green, resulting in an accident, then this is the fault of the municipality. Now, if a person crossed the street with full knowledge that the light malfunctioned, he or she may have more difficulty proving the case.

If you were involved in a pedestrian and motor vehicle accident, you may be entitled to compensation.Contact a car accident attorney, to help you find the resources to file a claim.

When Your Injury Is Caused by Someone Else

My Family Attorneys on September 25, 2020

Negligence is a factor that often plays into personal injury cases. In fact, you can usually only make a personal injury claim with another person’s insurance if you can prove that they were responsible for the accident that created your injury. This can be for a car accident, slips on someone’s property, medical malpractice, or even dog bites. In all of these cases, someone can be held liable for your injuries. Here’s how the liable party plays into your personal injury case.

Negligence

You have a better chance of receiving compensation from your personal injury claim if the other person was negligent in causing your accident. Negligence means that someone acted recklessly or without regard to the safety of others, and their actions directly caused the accident, making them responsible for your injuries. You can prove negligence through your own statement to police, statements from witnesses, medical reports, and photos of the accident scene.

Insurance Coverage 

Before you start the claims process, you need to make sure that the negligent person actually has insurance that can cover your expenses. It won’t do you much good if you win the case but you can’t get compensated because there’s nowhere to get the money from. Filing a lawsuit against someone who doesn’t have insurance can be a challenging situation that might waste more of your time than it’s worth, especially if you can, instead, get compensated from your own insurance.

Punishments 

Since they are already facing consequences in raised insurance premiums, the negligent party is usually not punished at the end of your case. However, a jury or judge may decide that extra punishment is necessary, and this comes in the form of punitive damages. These are damages the judge orders the plaintiff to make on top of the compensation given by insurance to the victim. Punitive damages are intended to discourage the plaintiff and others from acting in the same reckless manner again.

Lawyers

Even the most basic personal injury claims can take up a significant amount of time and effort. It’s important to determine if a claim or lawsuit is in your best interest before diving into it. Talking to a lawyer, like a personal injury lawyer from Hickey & Turim, can help you make that call. Lawyers who are practiced in personal injury can tell you the likely outcome of your case, how much money it is worth, if negligence can be proved, and how much time the case will take. All of these factors may impact your decision to pursue a claim.

What Defenses May My Attorney Use for a Reckless Driving Charge?

My Family Attorneys on September 25, 2020

If you live in an area where people spend a significant amount of time on the road, then the chances of committing some kind of driving offense is higher. One of the most common ways that driving may result in someone facing a huge ticket or jail time is through reckless driving. By definition, reckless driving is when someone has willful disregard for their actions risking the safety of property or those around them. Reckless driving is usually considered a misdemeanor offense, potentially resulting in very serious consequences.

What are the consequences for reckless driving?

Being proactive and speaking with an attorney right after a reckless driving charge is key to minimizing the severity of the repercussions endured. Based on the circumstances of the reckless driving incident, your attorney can develop a strategy to come to your defense. The consequences that someone can face due to a reckless driving charge include:

  • Thousands of dollars in fines
  • 90 days in county jail 
  • 2 points added to the driving record

Another consequence could be having to pay compensation to those who were hurt or experienced damage to their property as a result of the reckless driving. Anyone who was charged with reckless driving, and especially where personal injury and property damage was a factor, are strongly advised to get legal counsel immediately. 

What strategies could be used in my defense?

Facing a charge for reckless driving can be terrifying, particularly if you are worried about serving jail time. However, remember that you are innocent until proven guilty. The party that has filed action against you for reckless driving has to prove beyond reasonable doubt that you did, in fact, commit the offense, while knowingly putting others at risk for harm. Here are examples of strategies that your attorney may use in your defense:

  • You weren’t the one driving at the time. The prosecution has to show that you were the person operating the vehicle. Your attorney may use this strategy if he or she thinks that the prosecution doesn’t have strong evidence against you, and that the case is likely to be dropped because of it. 
  • It was necessary that you were driving with urgency. Your attorney can show that the reason you were driving the way that you were was because of an emergency, such as an imminent threat to you or a loved one. 
  • The equipment used to track your speed was faulty. The officer who used a tool to track your speed may not have calibrated it properly before use, or was not permitted to use that equipment within the area you were pulled over. Law enforcement will have to show that they had recently calibrated the tool and that the officer was trained to use it. 
  • There was a lack of proper signage. If there wasn’t sufficient signage for the rules of the road, then you may not have known you were violating a law. 

Contact a lawyer, like a criminal defense lawyer from the Law Firm of Frederick J. Brynn, P.C., to begin creating your defense today. 

Learn More About Medical Malpractice

My Family Attorneys on September 24, 2020

One of the most devastating things a person can experience is placing their trust and health into the hands of a physician, doctor, or nurse, and realizing that they let you down. Typically, when they do let you down, the results can be catastrophic in the form of an injury or an illness. Negligent mistakes should not be tolerated in the medical field and if you believe that you have been injured or made ill because a medical professional was negligent while you were staying in a hospital, you should not simply accept these results. Instead, you should contact an experienced medical malpractice attorney to get help with your medical malpractice claim.

How do I know if something is medical malpractice?

This is one of the first things a lawyer will determine when you set up your appointment with him or her. What is the difference between a mistake and medical malpractice? The answer to this lies in negligence and the duty of care. When a medical provider was negligent in their treatment and did not provide you the services they were supposed to, this can be medical malpractice. There are multiple types of medical providers who could be sued in a malpractice case, including:

  • Nurses
  • Doctors
  • Therapists
  • Hospitals
  • Hospital staff
  • Dentists
  • Surgeons

When someone who is providing a medical service to you does not act in a way that is acceptable regarding the reasonable standard of care and damages come as a result, you likely have a claim for medical malpractice. 

What are some common types of medical malpractice?

You may be wondering if there are common types of medical malpractice and the answer is “yes.” Some of these are:

  • Brain injuries
  • Failing to diagnose a disease
  • Errors in delivering anesthesia
  • Birth injuries
  • Errors during surgery
  • Errors in administering medication

What is the criteria for a medical malpractice case?

To help you understand if you have a medical malpractice case on your hands, there is certain criteria to look for in your situation. First, you will need to prove that you had a doctor-patient relationship established when receiving treatment. Your attorney will also need to prove that there is a certain standard of care expected by that doctor or medical provider. Next, they will need to show that the professional breached that duty and that it directly caused you to become injured in some way. Finally, your attorney must show that there are damages as a result of that injury. Damages can come in the form of pain and suffering, medical expenses, and more. 

For more information on medical malpractice, contact a lawyer, like a medical malpractice lawyer from Darrell Castle and Associates, PLLC, today. 

Traffic Tickets: What if the officer does not show up to court?

My Family Attorneys on June 30, 2020

One of the most common questions our traffic ticket lawyers are asked is whether their case will be dismissed when the ticketing officer does not show up at their court hearing. What we explain to them is that, like other legal matters, it depends on the circumstances and factors of the case. 

When the Officer Does Not Show Up For Court

If the officer does not show up for court, he or she will likely notify the judge with a valid reason for their absence. Typically, rather than dismissing the case, the judge will move the case to the officers next court date . If, at this court date, the officer does not show up, the judge may contact the officer for an explanation. At this time, the judge might dismiss the case. As a traffic ticket lawyer, we know of very few cases that have been dismissed because the officer did not show. Even though, this idea is considerably popular, it should not be relied upon as a successful way to beat your ticket. 

Hiring a Traffic Ticket Lawyer

Another common misconception is that when a person hires a traffic ticket lawyer, it will scare the police officer into not showing up. This is untrue. A lawyer is not meant to scare away a police officer, nor does this happen. Rather, a lawyer is there to defend your rights and legal objectives. 

The Duties of a Ticketing Officer

In most states, police officers are assigned a court day every month. This is a day in which they must show up to court for all their open cases. If they fail to show, they will likely call the court to notify them of the absence. For instance, they may be handling an emergency; thus, unable to attend court. When this occurs, the judge will likely move the court date. Following this absence, on the next scheduled day, if the officer doesn’t show, the case may be dismissed. 

As a traffic ticket lawyer might explain to you, most officers do show up to court. If they don’t, it is likely they have a good excuse, and your case will be rescheduled. Relying on the idea that they won’t show, or you can schedule your own court date, is not a good strategy. If you are serious about beating your ticket, now is the time to call a traffic ticket lawyer. 

Call a Lawyer To Explore What Options Are Available

You do not need to pay your ticket without trying to fight it. Lawyers, like a traffic ticket attorney in Middletown, NJ from Rispoli & Borneo, P.C., have helped many people, and more than likely, they had a similar situation to yours. Lawyers are knowledgeable, experienced, and diligent. Lawyers know the laws and rules, and how to navigate the court system in a way that protects your interests and rights. Let a lawyer explain what options may be available during a consultation. Call a law firm now to speak with a traffic ticket lawyer you can trust. 

How to Follow Through With a Divorce When You Don’t Know Where Your Spouse Is

My Family Attorneys on June 29, 2020

Divorce Lawyers

You want a divorce, but you aren’t sure where your spouse is. This is not an uncommon problem between married couples who want a divorce. Maybe the two of you separated and now you want a divorce but you can’t find the other person. How do you get a divorce? Is it still possible? The answer is yes, it is still possible, but you have to go through a specific process, including a diligent effort to find the other person.

What Is a Diligent Effort?

In most divorce cases, you would contact your lawyer and draw up the petition. Your spouse would receive said petition about the divorce case. Normally, the petition will go to the last address of the other spouse. If he or she does not receive it or respond, then you have to make an effort to contact him or her.

A diligent effort includes all possible efforts to locate the other person. If you still cannot locate him or her, then you can ask the court to send an Order of Notice by Publication. The Order of Notice by Publication is a notice in the local newspaper. This would be considered a legal advertisement. It remains up for about three weeks so that the other spouse has the opportunity to view it. It’s important to note that military service members often have more time to respond.

What Happens When There Isn’t a Response?

If the spouse still doesn’t respond to it, then you can still continue with the divorce. Once all diligent efforts are taken, the judge will continue with the proceedings. The case will go on as normal, simply without your spouse. If your former spouse does not show up, then the judge will make all of the decisions based on the facts of the case. In these situations, the divorce normally goes in favor of the spouse that showed up to court. Once finished, then you are legally divorced.

You can still follow through with a divorce, even if you aren’t sure where your spouse is. If you cannot find your spouse or if he or she never responds to your efforts, then you can still go through with the divorce. A professional can help you to either locate your spouse or to help come up with other options. To find out about your options, contact a family lawyer, like divorce lawyers in Arlington, TX  from Brandy Austin Law Firm, PLLC, as soon as possible for a consultation.