4 Types of Personal Injuries

Pedestrian Accident Lawyer

You might be wondering whether you have a viable personal injury case on your hands. As a pedestrian accident lawyer in Kansas City, MO from a firm like  Royce Injury Attorneys LLC can explain, you can gauge the validity of your case by comparing it to preexisting cases. There have been many personal injury cases throughout history, and these cases can all be placed into specific categories. Take a look at this list of four types of personal injury cases and see which sounds the most like your current situation.

1. Motor Vehicle Accidents

Motor vehicle accidents are quite common, and depending on your commute you might see them almost every day. These accidents occur when someone driving a car, bus, or truck makes an illegal maneuver or fails to pay attention to the road, which leads to one or more vehicles being struck or losing control. Drivers who speed and those who text and drive are frequently involved in motor vehicle accidents. People can sustain spinal cord injuries and broken bones as a result of such accidents.

2. Pedestrian Accidents

Pedestrian accidents involve an individual who is not in a vehicle being struck by a moving object, such as a car or motorcycle. A pedestrian can file a personal injury claim if he or she can prove that the person driving the vehicle was negligent in some way. For example, a driver could have run a red light or failed to stop at a stop sign. Pedestrians may suffer bone fractures or brain injuries after an accident.

3. Nursing Home Injuries

Elderly people can be abused or neglected while residing in a nursing home. Some senior citizens might fall and damage their skin and bones because nursing home staff members did not assist them correctly. Others have been victims of staff members who make grievous medication errors, fail to treat their infections, and forget to feed and hydrate them. People can file a claim on behalf of their elderly relatives if they can prove that nursing home practitioners and assistants mistreated them or did not conduct themselves professionally.

4. Animal Bites

Animal bites often occur when a pet, such as a dog, attacks an individual. Such bites can lead to nerve damage, severe infections, disfigurement, and emotional distress. Victims of animal violence must prove that the pet owner’s actions caused the attack. Maybe the owner did not leash the pet, or he or she let it roam without supervision. Keep in mind that many homeowner’s and renter’s insurance companies compensate victims of pet bites.

There are several kinds of personal injury cases. Contact a personal injury attorney as soon as you can to determine whether you have a legitimate one.

What Is the Statute of Limitations for Filing a Personal Injury Lawsuit?

Personal Injury Lawyer

Statutes of limitations are state laws setting forth the times within which you have to file various types of lawsuits and other restrictions pertaining thereto. Each state has its own set of statutes of limitations, and they vary widely from state to state.

With regard to filing a personal injury lawsuit, the SOLs of most states give you 2-3 years from the date of your injury in which to file your suit. This time frame, however, may be considerably shorter depending on the type of personal injury lawsuit you file and against which defendant(s) you file it. Your wisest course of action is to contact an experienced local personal injury lawyer like one from Hall Justice Law Firm as soon as possible after your accident who can advise you of your state’s statute of limitations for your type of injury.

Types of Personal Injuries

Keep in mind that you can sustain a personal injury from a variety of causes, including the following:

  • Motor vehicle accident
  • Motorcycle, bicycle or pedestrian accident
  • Boating or other waterway accident
  • Medical malpractice
  • Nursing home abuse or neglect
  • Slip, trip, fall or other premises liability accident
  • Defective product accident
  • On-the-job accident

Types of Defendants

As stated, your state’s personal injury SOL may well depend on not only what type of injury you sustained, but also on the person or entity you plan to sue. For instance, many states severely limit the time in which you can file suit against a municipality, city or county if poor road conditions contributed to your accident.

Amount of Damages

Sometimes a state law will limit the amount of damages you can receive in a personal injury lawsuit, especially if the court determines that you were partially to blame for your own injuries.

Other laws, called damage caps, most often apply to the amount of punitive damages, if any, you can recover in addition to your economic and non-economic damages.

Still other laws may severely limit the circumstances under which you can sue an employer or coworker in addition to filing a workers’ compensation claim if you sustain a work-related injury. They may also limit the amount of damages you can receive in such a situation.

All in all, navigating your way through your state’s personal injury statutes of limitations and other laws can be quite tricky, at best. This is why you need the advice, counsel and representation of an experienced local personal injury lawyer who can ensure that your lawsuit is filed against the proper parties within the allotted time frame.

What I Need to Do When a Creditor Sues You

what to do when a creditor sues you

Consumer Protection Attorney

Getting sued by a creditor is unpleasant, but there is a path that leads to a better outcome than just accepting the lawsuit. First, don’t panic. It sounds cliché, but this happens all the time and debt collectors count on the fact that the average person will not know what to do. Hiring a consumer protection attorney who is experienced in dealing with debt collectors should be your first course of action. Do your research and make sure your attorney is an expert in the field and handles these types of cases on a regular basis.

When you are served with the lawsuit, the worst thing you can do is to ignore it. In fact, the sooner you contact an attorney, the better he/she will be able to serve you. In some states, the debt collector may be able to garnish your paycheck if you fail to respond and a judge rules in their favor. You have a right to challenge the debt collector’s right to sue you. Did you actually incur this debt? Can the company suing you prove that? Again, here is where your attorney’s expertise will come into play. Attorneys that do this type of work are very familiar with the debt collectors and their attorneys. Your attorney will try to show evidence in court that the debt collector cannot prove they own the debt. If they can do this successfully, the lawsuit will be dismissed.

If the debt collector can prove that you owe the debt, you may still be able to settle for a lesser amount than the total you are being sued on. Many times, debt collectors will allow consumers to settle for pennies on the dollar. Depending on whether the debt collector is the original creditor or a third-party debt buyer, they may accept as little as 40-50% of the total owed. They generally also provide payment plan options, so you do not have to pay one lump sum. Again, your attorney will be able to help negotiate that settlement because he/she will know how to deal with the debt collector and is familiar with their tactics.

If you are currently being sued on a debt whether you believe it is yours or not, don’t stick your head in the sand. Time is of the essence, and you should contact a consumer protection attorney for a consultation today! 


Discrimination and Harssment in the Workplace

Discrimination is being treated unfairly or differently for the worse, based on personal status or characteristics (such as race, gender, religion). When a coworker or boss makes a comment or does something that results in a hostile, threatening, or intimidating environment for someone else, that is considered harassment. If you aren’t sure about the rights that protect you as a person and employee, then consulting with a lawyer on your situation is advisable.

Examples of discrimination and/or harassment include:

  • Depending solely on word-of-mouth recruiting that tends to favor a certain kind of employee
  • Using discriminatory criteria when hiring, without being able to show how it relates to the job
  • Requesting that an agency only refers applicants of a particular status.
  • Not providing the same pay to workers in similar positions
  • Rejecting benefits after they were offered
  • Turning to the discriminatory preferences of customers, coworkers, or clients when choosing factors for employment
  • Requiring a specific kind of image or corporate look as prejudices in hiring
  • Firing employees based on unlawful reasons
  • Using a client or worker’s preferences to explain a demotion, discipline, or discharge
  • Making comments or requesting favors that are unwanted and sexual in nature
  • Conduct that creates a seriously threatening, unsafe, and harmful work environment for employees

There are almost limitless ways that discrimination or harassment can occur in the workplace. If you suspect that your adverse treatment at work is a result of discrimnation or harassment, getting legal assistance is paramount. 

Being the victim of a harassment or discriminatory incident can wreak havoc on a person’s mental health. It is more than worth talking with a legal professional if you aren’t sure what happened to you constitutes legal action. For more information, contact a reputable law firm as soon as possible, such as an employment discrimination lawyer from Eric Siegel Law.

Various Types of Personal Injury Claims

Do I need a Personal Injury Lawyer?

Cars and truck Mishaps: These mishaps can be due to the result of dui, speeding, negligent driving, and even being distracted by a cell phone.

Product Liability: Drownings, falls, burns, and poisoning can arise from defective products.
A pressure cooker that opens before it is depressurized and triggers burns is an example of this.

Medical Malpractice: Incompetence or negligence of a physician can cause surgical errors, inaccurate prescriptions, misdiagnosis, and giving birth injuries and prevail reasons for these claims.

Leaving a surgical tool in a body during a treatment would be considered medical malpractice.

Workplace Injury: If you slip and fall, were not trained to utilize equipment correctly, or were required to utilize faulty devices or products and are harmed on the job, you might have a case for injury.

Failure to train a staff member in the appropriate use of a forklift yet enabling the worker to operate it, triggering harm to themselves or others, is an example of this.

Properties Liability: This specific claim can be made due to hazardous or faulty conditions on someone’s residential or commercial property.

Someone who falls and breaks a leg since the owner stopped working to provide a warning about an unsteady staircase can submit a personal injury claim.

Other Examples:  The above examples prevail accident claims, but there are many more.

Attacks, repetitive strain injury, and dental mishaps can result in accident lawsuits also.

The Numbers

The U.S. Department of Justice has reported that there are over 400,000 injury claims each year.

  • 52% of personal injury claims were due to automobile accidents
  • 17% was because of premises liability
  • 15% were the outcome of medical malpractice
  • 5% happened due to item liability

Alabama has a two-year time limit from the date of injury to file a claim and does follow a “contributing negligence” guideline. This indicates that if you are at fault for any part of your mishap you may not receive any financial settlement.

Victim’s Rights

Personal injury claims are meant to protect the rights of the victim. It is very important that you do not think twice to get in touch with an attorney to secure those rights.

Usually, with the help of a lawyer, you will also recover more financial compensation due to the fact that your case existed by a professional who comprehends the laws pertinent to your case.

There are several different aspects to this type of law, as a Memphis personal injury lawyer like the ones at the law offices of Patterson Bray, can explain.


Chris Patterson Appointed to the University of Tennessee Board of Trustees

shooting victim attorney

Patterson Bray is pleased to announce that Chris Patterson has been appointed by Gov. Bill Lee to the board of trustees of the University of Tennessee to a term that expires on June 30, 2026.

Chris Patterson is the managing partner of Patterson Bray, where he has worked for sixteen years; with a practice focused on business litigation and municipal law, he represents numerous cities and governmental entities across West Tennessee. He earned his bachelor’s degree at the University of Tennessee and received his legal degree from the University of Memphis.

On April 5, 2021, after Mr. Patterson had confirmation hearings in House and Senate committees, the Tennessee House of Representatives and the Tennessee Senate unanimously approved his appointment to the board. For more information on the General Assembly’s approval of Mr. Patterson’s appointment, click here. For more information about the Board of Trustees, click here.

Recalled Off-Highway Vehicles in April of 2021 – Product defect lawyers

Recalled Off-Highway Vehicles in April of 2021

Recalled Off-Highway Vehicles in April of 2021 - Product defect lawyers

As the summer months approach, more people are going to start heading outdoors for seasonal activities. One activity that is especially popular is the use of recreational off-highway vehicles. An off-highway vehicle is defined as a type of vehicle that is designated for off-road use. Some off-highway vehicles are street legal but most people use theirs to go places where regular vehicles cannot. 

Some common types of off-highway vehicles include dirtbikes, ATVs, and side by sides. While riding an off-highway vehicle can be a fun way to explore trails and get outdoors, off-highway vehicles are no stranger to recalls. Much like regular vehicles, off-highway vehicles are often the subject of recalls as manufacturers want to ensure that the vehicles are as safe as possible for those who ride them. If you own or operate an off-highway vehicle it is important to check the Consumer Product Safety Commission’s website frequently to ensure that your vehicle is not the subject of a recall. Below are three off-highway vehicles that were recalled in the month of April. 

  1. Honda CRF450R Off-Road Motorcycles

On April 29, 2021, Honda recalled 536 units of its CRF450R Off-Road Motorcycles due to a crash and injury hazard. The motorcycle’s drive chain can break while in use, causing the vehicle to suddenly lose its drive force posing a crash and injury hazards to the rider. The recall involves 2021 model year CRF 450R Honda motorcycles with the last six digits of the VIN number between 400223 and 401056. The motorcycles were sold at authorized Honda Powersports dealers nationwide from August 2020 to March 2021. Owners of these motorcycles should immediately stop using them and contact an authorized Honda Powersports dealer to schedule an appointment for a free repair. Honda is contacting known purchasers directly. To date, two reports of the chain breaking have been received and no injuries have been reported. 

  1. Kawasaki TERYX Off-Highway Vehicles 

On April 22, 2021, Kawasaki USA recalled 100 units of its TERYX off-highway vehicles due to a fire hazard. The fuel pump retainer plate bolts can come loose causing fuel leakage over time which could start a fire. The recall involves 2021 Teryx S LE, Teryx4, Teryx4 LE, Teryx4 S LE, and Teryx4 S LE CAMO models. The off-highway vehicles were sold at Kawasaki dealers nationwide in March 2021. Owners of this vehicle should immediately cease use and contact a Kawasaki dealer to schedule a free repair to replace the fuel pump retainer plate bolts. Kawasaki is contacting all known purchasers directly. To date, no incidents or injuries have been reported. 

  1. Kawasaki BRUTE FORCE ATVs

On April 22, 2021, Kawasaki USA recalled 70 units of its BRUTE FORCE 750 All-Terrain Vehicles due to a fire hazard. The fuel pump retainer plate can come loose causing a fuel leakage over time, posing a fire hazard. The recall involves the 2021 BRUTE FORCE 750 4X4I EPS. The ATVs were sold at Kawasaki dealers nationwide in March 2021. Owners of this ATV should cease use immediately and contact a Kawasaki dealer to schedule a free repair to replace the fuel pump retainer plate bolts. Kawasaki is contacting all known purchasers directly. To date, no incidents or injuries have been reported.

Thanks to product defect lawyers  such as Eglet Adams for their insight on recalled off-highway vehicles in April of 2021.

Case Report – Group Home Abuse

Group Home Abuse

I recently settled a lawsuit arising out of the strangulation death of an adult group home resident. John was a 30-year-old autistic man who became a resident of the defendant group home provider when he was 16 years old. At that time, prior to becoming a resident of the group home, John was cared for by his parents in their family home. After his parents divorced, John lived with his mother primarily. Due to his autism, he was prone to violent outbursts. As he became older and more mature, the outbursts became more violent. Further, because of John’s size, he was too difficult for his mother to handle. So, his mother made arrangements for John to reside at a group home that held itself out to the public as being able to manage autistic men with violent outbursts.

For most of his time at the group home, John did well. However, during the last year of his life, he became progressively more violent. John’s neurologist tried to modify John’s antipsychotic medications in an effort to better control his behavior. In addition, John’s parents, the group home administrators, and public officials who deal with individuals having developmental disabilities met to prepare a care plan in an effort to modify John’s behavior and provide safe care for him. However, John’s behavior continued to worsen.

In 2019, John attacked a group home caregiver. In defending himself, the group home caregiver punched John in the face, opening a large gash under his eye. This required stitches. While John was at the hospital, he became violent again, necessitating intervention by police officers. Ultimately, John was treated and released back to the group home.

On the following day, John became violent again. At this time, the on-duty aide attempted to restrain John. In doing so, he apparently put John in a chokehold which resulted in John’s death by strangulation.  However, the aide denied that he strangled John. Instead, he said that he found John unresponsive on the floor sometime after he applied a restraint to him. He further claimed that John was breathing after the restraint and had subsequently gone to sleep.

The county coroner brought attention to the strangulation by showing that John had bruising and swelling in his neck area, exactly where a chokehold would cause such damage. John’s death was otherwise unexplained. When the coroner ruled the death a homicide, police officers interviewed the aide. During the course of interrogation, the aide admitted that he may have gotten his arm around John’s neck during the restraint.

John’s parents sued the group home for negligence and wrongful death.  This case settled for a confidential amount. Contact your local wrongful death law firm such as Mishkind Kulwicki Law Co., L.P.A.

What Compensation Can You File for in a Truck Accident?

What Compensation Can You File for in a Truck Accident?

What Compensation Can You File for in a Truck Accident?

Truck accidents are incredibly serious because of their sheer size and weight. Car accidents alone can be damaging and dangerous, but often truck accidents are even more serious, as they cause greater damage if they collide with a much smaller car. If you or someone you care about has been injured due to a truck accident, be sure to contact a truck accident lawyer  such as Ward & Ward Law Firm today to retain representation. You will need a good lawyer on your side to make sure you are compensated for all of the damage done, as well as potentially for any pain and suffering or lost wages you may miss due to injuries sustained in the accident. 

What Damages Could You File For? 

There are many different things you absolutely deserve compensation for after being involved in a truck accident. Some, but not all, include: 

  • Compensation for any damage done to your car and anything that was damaged inside of your car. Personal property needs to be replaced, as it was only damaged due to the negligence of someone else. 
  • Compensation for medical bills such as hospital stays, copays for the doctor office, physical therapy or chiropractic care visits, and any medication needed after the accident. 
  • Compensation for lost wages due to missed work or the inability to work as usual. This could be because of necessary doctor appointments and physical therapy visits during the work day, or for the work you know you will be unable to perform moving forward. If you have a permanent disability because of the truck accident, you deserve to be compensated for this. 
  • Compensation for pain and suffering. This can be a more difficult amount to calculate, as it is not tangible, but you deserve to get compensation for the trauma that you went through because of this big accident. This is also sometimes meant as a deterrent for the negligent party to not be as careless moving forward, thus protecting other people from going through the trauma you have been through. 

Your life should be as close to normal as possible after this tragic accident. You deserve to be able to move forward without worrying about new things, and your health should be taken care of by the negligent party. You deserve to receive compensation for anything you are able that will improve your quality of life. 

Contact a Truck Accident Lawyer Today

You need to act quickly and contact a truck accident lawyer right away to begin building your case. He or she will take a look at the details surrounding the accident and make the best informed suggestions on whether you should take your case to court or settle through insurance. Your lawyer will want you to get the most out of your case, as you deserve to be compensated for everything this accident made you lose. Reach out to a law firm today to get started. 

Nursing home lawyer

Victims of Nursing Home Abuse 

Nursing Home Abuse

Nursing home lawyer

If you believe that your loved one is being abused at their nursing home, then assure them that you are doing everything you can to help them out. Abuse is a serious allegation and one that should be taken seriously with evidence and proof that the abuse is occurring. Once you know for sure this is happening, it may be in your best interest to consult with an experienced nursing home lawyer to assist you with how to go forward with this unfortunate circumstance. Your lawyer will understand how to proceed and will know what actions to take against the home in a possible lawsuit. 

What to Look Out For

If your loved one is telling you stories about staff members verbally abusing them or chastising them, then this is especially serious. Their mental health may be affected negatively by staff talking down to them or even making threats against them. Write down any of this information that your loved one provides to you as it could be quite significant and important as your case begins to develop against the nursing home. If you see signs of physical abuse that are unexplainable like bruises, cuts, bedsores, and other strange things, then it may be especially useful to document this and find out from your loved one why they occurred. If they seem visibly afraid to explain why or refuse to answer, then there is a chance that they are being physically abused. 

Don’t Panic

When you first hear of abuse from your loved one at the home that is supposed to be caring for them this can come as quite a shock. Don’t panic and jump to immediate conclusions right away. There needs to be enough information in place in order to stop the abuse from going on and eventually taking action against the nursing home. Your lawyer can assist you with all of this information gathering, evidence, testimonials, and more. 

Confide with Legal Counsel

Legal representatives who are experienced and skilled in nursing home law such as Davis & Brusca are ready to help you with your case. Contact one today if you believe your loved one is being mishandled, neglected, or abused at the home that is supposed to be making their life better. A lawsuit or claim against the nursing home could prevent this from happening to other individuals in the future as well.