by Charlie Smith | Sep 18, 2019 | Automobile Accident, Personal Injury Lawyer |
As the children head back to school, adults realize the holiday season is approaching. With the advent of the holiday season, comes a rise in traffic and accidents on the road. Recent studies confirm what travelers have always known – holidays are among the most dangerous times to be on the road. During the holidays, increased traffic, along with travelers driving in unfamiliar areas, and driving while tired or under the influence, means higher accident and fatality rates around holidays. Let’s explore the most dangerous holidays to be on the road, as well as ways to drive safer and smarter should you find yourself traveling during the upcoming holiday seasons. The Most Dangerous Holidays to Drive Studies show that holidays, in general, denote a nearly 35 percent increase in car accidents, with fatalities increased to nearly 40 percent. The two most dangerous travel holidays are Thanksgiving (100 percent increase in accidents) and New Year’s Day (95 percent increase in accidents). On Thanksgiving, most families travel the day before after work. They are typically tired and rushing after work, or on Thursday when they are rushed, distracted, and stressed trying to arrive at their destination on time. New Year’s Day means New Year’s Eve revelers who have been drinking, eating, and celebrating until early morning are on the road, increasing alcohol-related accidents. Independence Day (aka 4th of July) when drinking, driving, and accidents go hand in hand. Majority of accidents happen on Christmas Eve and Christmas Day, particularly when the holiday falls on a weekend. Memorial Day when everyone prepares for the start of summer and the season ahead. Labor...
by Charlie Smith | Apr 20, 2018 | Blog, Compensation, Personal Injury Lawyer |
Cerebral palsy is a common motor disorder that occurs in roughly 1 1/2 to four of every 1,000 births. Although cerebral palsy can occur naturally, it may also be the consequence of medical negligence. This situation is usually the case when doctors fail to diagnose or treat a condition or use birthing tools incorrectly. This failure can injure a newborn and lead to the development of cerebral palsy. What Is Cerebral Palsy? Cerebral palsy is a motor disorder that affects muscle control. A person who has this condition may have trouble walking and coordinating movements. At birth, cerebral palsy is usually the result of insufficient oxygen to the brain, abnormal brain development, or an infection during pregnancy. Cerebral palsy may also be a complication due to a difficult or premature birth, or it may be due to restricted intrauterine growth. Side effects associated with the disorder include the following: Trouble swallowing Speech impediment Breathing problems Learning disabilities Seizures Can Cerebral Palsy Be Caused by Negligence? Although cerebral palsy may occur due to natural complications, it may also be the cause of doctor and hospital errors. For example, a medical professional may fail to follow proper medical procedures and injure an unborn child. Failure to deliver the infant correctly and depriving the child of oxygen are the most common causes of cerebral palsy due to negligence. Doctors and hospitals may also fail to react to a complication promptly or may fail to render proper care, thus permanently damaging the child’s brain and leading to the development of cerebral palsy. For example, an infection or similar medical issues may be incorrectly...
by Charlie Smith | Mar 22, 2018 | Automobile Accident, Blog, Personal Injury, Personal Injury Lawyer |
Being hit by another driver is a terrifying moment, and if alcohol was involved, it can be even more difficult to know how you should proceed. You’ll need to file an insurance claim just like you would in any other accident, but you should also consider working with an attorney. A specialist who is familiar with the laws in your state can help you navigate your insurance policy, seek a settlement from the other party’s insurance, and, if needed, take your case to court. Follow these steps if you’re in an accident involving a drunk driver. Call the Police You’re required to call the police and report an accident in certain situations, such as if a personal injury occurs or there is significant property damage. Regardless of the requirements in your state, however, having police on the scene can help you get insurance information and communicate with the other driver and witnesses. If alcohol is involved, the police report and the officer’s testimony will be vital evidence when you file a claim. Take Notes and File an Insurance Claim Once you’ve confirmed that everyone is safe and you’ve called the police, gather information about the accident. This should include taking photos of the damage and collecting contact information from the other driver and any available witnesses. You should also note the road conditions, the stop lights and other road signs you followed, and the other driver’s condition. You can then report the accident to your insurance company. Your insurer will provide compensation for repairs to your vehicle, medical expenses, and other related costs. Your insurance company will charge the...
by Charlie Smith | Jan 20, 2018 | Blog, Personal Injury, Personal Injury Lawyer |
While home insurance policies will cover some personal injury claims, they don’t cover everything. Furthermore, the coverage that they do provide for personal injuries is limited to a certain amount, such as $100,000. Typically, a home insurance policy would kick in to pay for the personal injuries of another for which a member of that household was legally liable. The injury doesn’t necessarily have to occur on the property to be covered either. The existence of a homeowner’s insurance policy can affect a personal injury claim on both ends, whether you’re the plaintiff (the injured party) or the defendant. Understanding Home Insurance Liability Protection Home insurance liability coverage usually has two components: personal liability and medical payments. The personal liability portion pays for claims or lawsuits that are against you, and that stem from accidents (that you or a member of your household caused) on or away from your property, causing bodily injury to others. Personal liability will also cover property damage from such accidents. Liability coverage will pay for legal representation for you if you are sued by the injured party. Keep in mind, though, that this coverage does not apply to injuries caused by intentional acts, auto-related accidents, or business-related incidents. Depending on your policy, personal liability will typically provide at least $100,000 of coverage per incident. With most policies, no deductible is associated with personal liability claims. Medical payments coverage will cover the medical expenses of parties accidentally injured on the covered property, no matter whose fault it is, up to the policy limit. However, medical payments coverage does not pay for personal injuries to members of the household, nor...
by Charlie Smith | Jan 5, 2018 | Blog, Personal Injury Lawyer |
The moments following a serious accident are shrouded in panic. Whether you’re the victim or you simply witnessed a crime, you can easily forget how to respond in an emergency. However, the moments following an accident are often pivotal to the outcome of cases that are settled or go to court. This point is especially true in events involving serious damage to the brain. Symptoms of such harm may not manifest themselves for weeks, and individuals who fail to collect evidence or check in with a doctor may have trouble retroactively remembering these details and pursuing a personal injury claim. If you experience a blow to the head — whether as the victim or as a witness — follow the steps below in order to successfully pursue a traumatic brain injury (TBI) case. Record Details, Including Witness Contact Info Following an accident that causes injury, regardless of whether the damage was done deliberately, record as much information as possible about what happened. Take notes if you can. As you begin to document the event, keep the following details in mind: What happened: Document the nature of the event, such as a sports collision, a car crash, or a slip and fall. List all parties involved: You need the name of the victim and the person who inflicted the damage. Also get contact information from any witnesses who could confirm what happened. The victim’s symptoms: Physical symptoms of a TBI include loss of consciousness or a state of confusion or disorientation, headaches, and vomiting. Sensory problems and cognitive signs may also be present. Record details of these symptoms and any...
by admin | Oct 22, 2017 | Blog, Personal Injury Lawyer |
Whether they think their case is simple or they’re trying to save money, some accident victims will try to handle their personal injury claim on their own. While their reasoning seems to make sense at first, they quickly realize the complexities of personal injury claims can get them in over their heads. Read below to discover why you shouldn’t file a personal injury claim by yourself. Preparing a Claim is Time Consuming When you represent yourself, you’re the one responsible for gathering all the evidence you need to support your case. This can include witness statements, police reports, repair estimates, photographs, medical records, and more. If you have a full-time job or family to take care of, you might begin to realize you just don’t have enough hours in the day to do all this work on your own. However, when you hire an attorney, you have someone who has the time and experience to gather the evidence you need. You Could Get a Low Offer Some insurance companies and defendants think that if you don’t have an advocate fighting on your behalf, you’ll likely get exhausted and frustrated with the system. They’ll present you with a low offer anticipating that you’ll just accept anything in the hopes of getting it over with, even if the offer doesn’t adequately compensate you for your injuries. Often, simply having a personal injury attorney will automatically get you a higher initial offer. You Need Good Negotiation Skills There will likely be several back-and-forth exchanges with the defendant’s insurance company during the settlement process. While some people are good at negotiating and don’t...