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Category Archives: Personal Injury

You’ve just been in a car accident, and you’re wondering how much time you have to file a claim. Well, this article is for you! In Missouri, there are different laws regarding what statute of limitations applies to an auto insurance claim. This blog post will break down all of them in simple terms and explain how much time you have before it’s too late.

The most common law is the five-year statute of limitations. This means that you have up to five years from when your accident happened to file a claim for damages incurred in an auto collision. If it’s been more than five years, this period may already be over, and any potential settlement is out of the equation. So, keep this deadline in mind and act by it.

It should also be noted that if there was bodily injury and property damage involved with your crash, then the duration can be more or less. The best you can do in such a case is to hire an attorney with expertise in handling car accident-related cases.

As a car accident lawyer in St. Louis noted recently that people who get injured in car accidents should look to file their accident claims as soon as possible. Although there is a limit of 5 years, the sooner you file the claim, the easier it becomes to mold the court decision in your favor.

So, if you got injured in an accident recently and filed a police report but never followed up after that, now is an excellent time to act in this direction. Contact any good car accident law firm or lawyer in your area, provide the evidence that proves you right, and finish the case filing procedure as soon as possible.

Once you do this, the court decides a date for pre-hearing conversation, then comes the hearing day, and even after that, many weeks may pass by. If you don’t want to narrow down your chances of winning this case, leave no stone unturned to begin the trial in the court. Filing a claim on time is the first step in this regard.

When a car accident happens, the driver is certain about the compensation he is likely to receive from the other party as there are clear laws stated in this regard. However, passengers don’t have the same luxury. Most of the time, they don’t know how much compensation they are owed and how to claim it. If this is something that interests you, keep on reading to know the common rights of passengers in the event of an auto accident injury.

Rights of Passenger In A Car Accident?

No matter if the car is yours or not, in the event of an accident, you are entitled to receive compensation to cover medical bills and other losses. These other losses often include lost wages, mental trauma, and pain.

In many cases, people sitting on the passenger seat encounter serious injuries that keep them bedridden for months. If they lose their job because of this unfortunate event, then they can seek compensation from the other party. The same condition applies when passengers go through mental trauma and emotional breakdown that can appear weeks after the incident.

The only trick here is to choose the right party to seek compensation from. As a passenger, you can demand compensation from the driver of your car if it’s his fault or the driver of the other car who crashed into your car and caused injuries. Ideally, this should suffice. But if your medical bill is higher than the insurance coverage of the driver who caused this accident or if the driver is uninsured, then you have the right to file for underinsured or uninsured motorist coverage.

It’s a technical and lengthy process, so make sure you hire a skilled personal injury lawyer to assist you throughout the process and take care of everything. Once you have a good lawyer defending your case in the courtroom, there is nothing much to worry about. So, avoid trying to handle things by yourself and get in touch with a well-known personal injury later as soon as possible.

The U.S. government gives you the right to get financial assistance from your employer through workers’ compensation insurance if you meet with an accident or get injured while doing your job at the workplace. No employer can deny these claims. And even if someone does, you can drag him to court and seek financial compensation legally.

Some of the common accidents that are considered under the workers’ compensation coverage are as follows:

When Can You Get Workers’ Compensation Claims?

If you are employed as a factory worker and have to carry goods from one place to another within the factory. While doing so, if you get injured so badly that you have to be admitted to the hospital, then you can ask your employer for financial assistance under workers’ compensation coverage. Likewise, if you meet with an accident while driving a vehicle as part of your job, you can file the claim without facing any issues.

There can be dozens of many other scenarios that you may not be aware of with regard to this coverage. So, if you want to keep things sorted, contact a personal injury law firm like Brach Eichler Injury Lawyers and seek their guidance. Since a law firm deals with hundreds of cases related to workers’ compensation claims every year, it can guide you properly and share important insights with you.

Can Workers’ Compensation Claims Get Rejected?

Did you know that sometimes the insurance company rejects workers’ compensation claims citing reasons such as lack of evidence or non-cooperative behavior by employees? This can be a frustrating situation for someone who is physically hurt, financially down, and on the verge of losing his job. The best way to deal with it is to take help from your personal injury lawyer and share all the details with him. Once you do it, your lawyer can file a case and request the state government to reconsider your compensation claim.

Keep these important points in mind to have a smooth experience while filing for a workers’ compensation claim.

If you ever meet with an accident while driving around, then make sure you file a report immediately. There is more than one benefit of reporting your accident to the police. So, no matter how adverse the situation seems, never forget to report the accident. Here is how you can go about it.

Reporting A Car Crash:

A car crash may shake your confidence and leave you clueless as to what needs to be done immediately after the incident takes place. You may not be in your best state of mind to decide the best way to move forward. However, try to be as calm and composed as possible and dial 911.

No matter if the crash isn’t that serious and you have just sustained some minor injuries, filing a report ensures that even if something unexpected happens at a later stage, you have strong legal support to deal with it.

There is nothing much to worry about while reporting a car accident. You can simply dial your local police station’s number and share all the details with the person on the phone. If you don’t have the direct contact details, 911 is the next best option to choose. There are some states where it’s not mandatory for police to come to the accident spot. To make sure that you don’t face any issues at a later stage, tell the sheriff about your injuries and the property damage.

Once the police arrive at the crash site, you need to check if all the details have been documented properly. Don’t leave the accident site until the report has been fully prepared. You may believe now that it’s not that important, but in the future, when you connect with a personal injury law firm like Adam S. Kutner Accident & Injury Attorneys and decide to sue the party at fault for your damages, this police report will help you big time. So, don’t underestimate its importance and get it filed at any cost after the accident.

Florida witnesses over 400,000 accidents every year. Many people sustain serious injuries in these accidents, and thousands of others lose their lives. A majority of these accidents involve car rollover. This post talks about rollover accidents and how you can avoid them easily. Read until the very end to know more about them.

Avoiding Rollover Accidents:

The primary reason for rollover accidents is speeding, followed by slippery roads and technical issues in your vehicle. While you cannot do much about slippery roads, you can definitely avoid driving your car over the speed set by the state government.

People who drive their cars at high speed fail to control them in case something comes in front of them suddenly. In such a situation, they press brakes with full pressure, which can result in a car rollover.

Other than this, tire health is also important. If you haven’t replaced your car’s front tires in a long time, make sure you do that immediately. Due to continuous exposure to bumpy roads, potholes, and rough driving, car tires flatten up, especially the front ones. You must visit a workshop to get these tires replaced with back tires that are usually in better condition. More insights about these can be shared by your workshop attendant.

If you keep these points in mind and drive carefully, you can reduce the chances of car rollover significantly. But if you still find yourself in the middle of an accident where you didn’t commit any mistake, then make sure you talk to a lawyer regarding this. There is a strong possibility of you getting compensation if the mistake was committed by the other party.

There are many personal injury lawyers in Florida that can help, but to get the best possible hassle-free consultation, connect with Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A. as soon as possible.

This firm has been handling similar cases for decades and can make it extremely easy for you to get the compensation you are owed. Give it a try to protect yourself against any unplanned financial burden.

teen_bullyingA high school female student, a victim of bullying in her school, decided to end being a victim of her classmate bullies by ending her own life.

Aileen, a 17-year-old 2016 semifinalist for the New York Times College Scholarship program and who also happens to have a twin sister studying in the same school, left the school campus during lunchtime one Thursday and stepped into the path of a subway train in the City of New York.

The tragic incident prompted to a number of students to approach the school’s grief counselor before who they expressed remorse for their harsh treatment of Aileen. They confessed to calling her awkward, ugly or stupid.

Bullying, which remains to be a major problem, especially in many city public high-schools, affects at least one in every five students. Bullying can take place anywhere, in or out of school, and its form can be verbal or physical. Physical bullying, specifically, may be directed against a peer, or against a person older or younger than the bully; it may also be directed towards a victim’s property, which the bully may use either to intimidate, or inflict harm on, the victim. Verbal bullying, on the other hand, can include making obscene remarks towards the victim, name-calling, spreading rumors about the victim, teasing or threatening.

About 45 States have bullying laws, with New York passing its own legislation very recently. However, despite these laws, many school authorities reveal that bullying still persists, one major reason is because the bullied never seek help, trying to deal with his or her pain and sufferings alone. Sadly, though, the only solution a bullied often sees in ending his or her pains is through suicide.

Nobody ever plans to be in an accident. Nobody wants it and nobody in their right mind would ever ask for it to happen to them. It is hurtful and stressful, especially in the aftermath of the thing, and can sometimes affect you for the rest of your life.

Some accidents, for example, can leave you with a permanent disability that could mean you might never walk again. In other cases, the survivor is left to deal with Post-traumatic Stress Disorder (PTSD), which can be just as debilitating as it involves flashbacks, social anxiety, panic attacks, clinical depression, and so on…

So what can you do if you’ve been injured in an accident? And, more importantly, what are you owed?

If you were wrongfully injured due to an accident, it is important to remember that there is more than the shallow waters to wade through. An initial settlement in the form of a seemingly substantial lump sum may be offered by the wrongful party’s insurance companies, if the injured party does not have legal representation. Though the sum may seem like a temptingly quick solution to a terrible situation, there are more factors to consider.

There are variables that must be calculated—variables that you may not have initially thought about as you would be, after all, in a state of duress following an accident. Emotionally charged people are not exactly in their best, most objective state of minds to be making important decisions. Help from experienced and knowledgeable people, such as experienced legal help, are the best friends that one could have after an accident for they not only know the best way to recover from such a situation, but they are also the ones who can represent the case well enough and wholly enough, in such a way that you can be given the justice that you so rightly deserve.

Samuel Harrell, a 30-year-old black inmate at the Fishkill Correctional Facility in Beacon New York, died last April 21 after more than a dozen witnesses saw him being handcuffed and severely beaten by a group of about 20 corrections officers. Now, the office of the United States attorney in Manhattan is working with the Dutchess County district attorney’s office on the brutal circumstances surrounding his death.

man_in_prison

According to a report by the New York Times, a total of 19 other prisoners witnessed the attack on Harrell unfold. Based on their accounts, Harrell had gotten into a confrontation with several corrections officers after “packed his bags and announced he was going home, though he still had several years left to serve on his drug sentence.” Eyewitness reports note that the confrontation quickly became violent, escalating to Harrell—who is known to have a history of erratic behavior commonly linked to bipolar disorder—being “repeatedly kicked and punched”.

The New York Times reports eyewitness accounts, saying that the victim had endured racial slurs as he was being assaulted by his attackers. Harrell was then thrown “thrown or dragged down a staircase”. According to one of the inmates, Harrell ended up on the landing, “bent in an impossible position”. Witnesses also point out that many of the officers that had attacked Harrell were members of a group known around the facility as the ‘Beat Up Squad’.

While corrections officer called for emergency assistance, Harrell’s medical records show that the ambulance crew were told that he had suffered from an overdose of a synthetic marijuana substance. Still, as the New York Times was able to uncover, an autopsy report from the Orange County medical examiner found that Harrell had died of cardiac arrhythmia and had suffered several cuts and bruises to his head and extremities. The autopsy had only traces of tobacco and antidepressant in Harrell’s system and ruled the manner of his death as homicide.

It was these accounts that led U.S. attorney for the Southern District Preet Bharara to begin “coordinating and working” with the district attorney of Dutchess County in investigating Harrell’s death. Similarly, Dutchess County’s William V. Grady was originally quoted by the New York Times saying that “[the] very nature of this case calls for a full, fair and objective investigation into not only potential criminal law violations, but constitutional violations as well”.

The Huffington Posts reports that Harrell’s death has launched protests in upstate New York as part of the growing Black Lives Matter movement all over America. The movement calls attention to the overwhelming number of police brutality cases against African American individuals. It began after the 2013 acquittal of George Zimmerman for the shooting of 17-year-old Trayvon Martin. It then gained significant traction after the high-profile deaths of Michael Brown and Eric Garner in 2014.

Your spine is composed of individual bones, called vertebra, each stacked up on each other. Between these vertebrae are rubbery disks that serve as a cushion for each compartment. Each disk is composed of a soft, gelatinous center surrounded by a tough exterior called annulus. When the annulus ruptures or breaks, the gelatinous center may ‘slip’ and protrude and push nearby nerves, causing extreme pain. This condition is called slipped disk, or herniated disk.

Slipped disk can be a result of a host of different factors. Too much weight, for instance, can put much strain in your lower back, making you more prone to this condition. A family history of slipped disk and a workplace with poor ergonomics may also increase your risk. A herniated disk can also be a result of traumatic incidents.

Pain is the primary symptom of a slipped disk. But apart from that, a person suffering from this condition may also experience numbness and tingling. Muscles being served by the nerves compressed by a slipped disk may also weaken due to lack of nerve energy.

To diagnose slipped disk, your doctor will perform physical examination to check for any slipped disk symptoms. Nerve tests may also be conducted to see if any of your nerves near the spinal column are being compressed, which may indicate slipped disk. Imaging tests such as X-rays, magnetic resonance imaging (MRI) and computerized tomography (CT) scan may also help detect slipped disk.

Therapy and medication relieves the symptoms of herniated disk to most people. But in cases when a herniated disk can cause permanent paralysis, or when its symptoms still persist even after treatment, surgery might be required.

Several rulings with significant impact have recently been made with regard to how maritime injury lawsuits are handled in court. One of these deals with the question of punitive damages, and when they may be awarded in maritime injury lawsuits.

Punitive damages are not always awarded in standard personal injury cases because they are not meant to compensate the victim; rather, they are designed to punish the defendant, hence “punitive.” It is appropriate in some cases but not in others, depending on the nature of the defendant’s behavior that led to the civil action in the first place. In most cases, punitive damages are levied against defendants that willfully and recklessly acted without regard for others i.e. speeding through a busy intersection.

A seaman who has sustained a work-related injury due to the negligence of the employer is entitled to sue for the usual economic and non-economic damages typical in standard personal injury cases, but it was only recently that the Supreme Court deemed that punitive damages may also be appropriate in some maritime injury cases, specifically claims for the willful nonpayment or inadequate provision of maintenance and cure benefits. Maritime employers are required by law to pay maintenance and cure benefits to employees who acquire work-related injury or illness regardless of fault. Failure to do so according to the law renders them liable for a maintenance and cure lawsuit, which may include punitive damages.

However, the issue is less clear cut for cases involving a claim of negligence or unseaworthiness. Different judges have interpreted the law in inconsistent ways therefore making conflicting decisions regarding punitive damages. No two cases are exactly the same, and this is definitely applicable when it comes to awarding punitive damages in maritime injury cases.

If you have incurred a serious work-related injury or illness, make sure that you consult with an experienced maritime lawyer. You will have a better chance of getting what is rightfully yours.