The Role that Forensic Accident Reconstruction Plays in Personal Injury Claims

Personal Injury Lawyer

In the aftermath of a car accident, it is not always clear how the accident occurred and what party was at fault for the accident. Proving fault in an accident is an essential key to a successful lawsuit. The accident may have resulted in severe injuries or even deaths that prevent the drivers from accurately recalling the details of the crash. Witnesses can be unreliable and depending on their location or view of the accident, may have conflicting testimony. The best way to accurately depict the events of a car accident it to utilize the skills of a forensic accident reconstructionist.

A forensic accident reconstructionist is a trained professional who uses engineering principles, laws of physics, witness testimony, police reports and evidence from the scene to piece together the details of the car accident. They can accurately determine what happened before, during and after the car crash and who was at fault for the crash.

There are many elements that must be considered when recreating an accident scene like weather conditions, time of day, distractions, road construction and mechanical failures. All of these issues can greatly affect how a car accident takes place. A reconstruction team will use surveying equipment to create a perfectly accurate model of the scene to recreate the accident with all of the various elements in place.

The reconstructionist must also take into consideration the type of cars being driven. The weight and size of a car will have an effect on how fast the vehicle can stop or accelerate at different speeds. For example, a reconstructionist can determine a vehicles speed based on the type of vehicle, the length of skid marks left on the road and the location of impact. These calculations can help determine whether a driver was speeding and therefore at fault for the accident.

An experienced car accident lawyer  trusts will likely consult a forensic accident reconstructionist because this professional can be used as an expert witness at trial. The reconstructionist can prepare models, computer designs and animations to present their findings. This testimony can be critical in determining fault in a personal injury claim.

If you were injured in an accident in which fault is not cut and dry, you can discuss using the expertise of an accident reconstruction specialist with your attorney to assist in your claim. This professional and expert witness will be able to piece together the fragments of your accident to determine fault and make sure that you have the tools necessary to win your lawsuit.

Common Reasons Why Truck Accidents Occur

Trucking Accident Lawyer

Unfortunately, truck accidents are a daily occurence in the United States. Because commercial trucks are such large and heavy vehicles, the injuries that result from the injuries are usually life-threatening. While some truck accidents are caused by unforeseen conditions, the majority result from carelessness. If you were injured in a truck accident caused by negligence, you may be eligible for compensation.

Here are some of the most common causes of truck accidents:

Driver Fatigue

Truck drivers have to spend some long hours on the road. Although federal regulations prohibit these drivers from driving too many hours in a row, not all of them follow these rules. They may feel pressure to deliver all their goods by a certain deadline and drive longer than they are supposed to. Truck drivers who are running on little sleep can’t focus that well on the road and are more likely to cause accidents.

Speeding

Truck drivers are under constant pressure to deliver their goods by certain deadlines. If they are running behind, they may be tempted to drive above the speed limit to get to their destinations on time. Unfortunately, speeding can lower a truck driver’s reactions times and make the truck spin out of control. Truck drivers who don’t follow the speed limits put everyone on the road in danger.

Poor Vehicle Maintenance

Commercial trucks are driven thousands of miles a day. That can cause excessive wear and tear on these vehicles, increasing the risk of equipment failure. Worn brake pads or tires, for example, can cause a major accident. That’s why it’s important for trucking companies to regularly maintain all of their trucks and get them repaired immediately if there is a problem.

Distracted Driving

Truck drivers have to spend hours on the road, so it’s easy to see why they would get bored from time to time. They may try to entertain themselves while they’re behind the wheel to kill some of that boredom. However, this is dangerous behavior. Whether truck drivers send text messages on their smartphones or change the radio stations, they take their eyes off the road. Taking the focus off the road for even a few seconds can lead to an accident.

Alcohol and Drug Use

Driving a truck can be a tough job at times, and some truck drivers may use alcohol or drugs to unwind. This can impair their driving and put everyone on the road at risk. When truck drivers are under the influence of drugs or alcohol, they will have slower reactions times and have trouble focusing on the road ahead.

If you were injured in a truck accident caused by a negligent truck driver, you should speak to a Canoga Park truck accident attorney as soon as possible. He or she can review your case for free and determine if you have enough evidence to file a claim. You deserve to be compensated for everything you have been through.

Thank you to our friends and contributors at Barry P. Goldberg for their insight into trucking accidents and personal injury.

Finding the Right Business Succession Lawyer

Business Lawyer Memphis, TN

Many people feel a peace of mind when they plan for the unavoidable. If you are someone who has invested your time, money, and energy into a business, this is no different. When you pass away or retire, you want to have peace of mind that your business can keep operating without you to head it. For many, this is just as important as writing your last will and testament. However, you might not be sure where to start. Can you simply tell people who you want to run your business when you are gone? Business lawyers know you have many questions regarding business succession and have helped many clients over the years by answering these questions and developing a strategy that is right for them.

What Steps Can We Take?

When developing a business succession plan, we sit down with our clients to go over a few main steps that can help them envision what they want their business to look like in the future. These steps are:

• Establishing Your Goals
• Determine the Decision-Making Process
• Decide on Your Succession Plan
• Create Your Transition Plan

Step 1. Establish Your Goals. The first thing you should do when creating your business succession plan is to establish your goals. If you already have a business succession plan, you can review it and determine if it has the rights goals in mind. As we formulate this plan, decide what the vision and objects are for this business once you are gone. Is it important that your family is involved with it? Do you have professional advisors on retainer to help fulfill these goals? You can also use this time to determine your own personal retirement goals through the business.

Step 2. Determine the Decision-Making Process. Who is involved in the decisions for your business? Will this be left to trusted people in your company, third-parties, or family members? What happens when a dispute arises? Will your document have the answer for the final say or will you have someone appointed and put in place to resolve the dispute? You should also communicate what your succession plan is to your family members and your stakeholders.

Step 3. Decide On Your Succession Plan. At this step, we can decide on who your successors will be. It is also imperative to identify members of your family that are active and inactive regarding your business.

Step 4. Create Your Transition Plan. Finally, you can determine the timeline you believe is appropriate for implementing your business succession plan. You can also consider the different financing options if you want this business to be purchased. Do you want to finance through a third party?

How an Attorney Can Help

A business lawyer Memphis, TN trusts at Patterson Bray wants to see you and your business succeed, while you are still at the reigns and even after your business is in the hands of someone else. When you work with a trusted lawyer, you are getting an ally that can help you navigate the different business succession laws and help you find the right plan for you. Don’t hesitate any longer on your business’ future. Call an attorney today.

Workers’ Compensation for Bus Driver Injury

Personal Injury Lawyer

Driving a bus is not a job to take lightly. Automobile accidents are one of the most common causes of injury in America, and as a bus driver, you are responsible for not only your life on the road but the lives of all your passengers. What if a tractor-trailer runs through a red light and crashes into your bus? Perhaps you had already dropped your passengers off, but you were injured in this crash. How can you receive compensation for this accident?

Are bus drivers eligible to receive workers’ compensation?

Unfortunately, your injuries have made it impossible for you to work, but you need a steady paycheck to keep paying your bills. What can you do in this situation? Because you were injured while performing duties for your job, you are entitled to claiming workers’ compensation. If you weren’t actively working, though (if you were off the clock and driving to or from your house when the accident occurred), you would likely not be eligible to receive compensation.

How to File for Workers’ Compensation

When filing a workers’ compensation claim, it is imperative that you follow the steps below to ensure you are eligible.

1. Report Your Accident. You must report your injury to your employer after the accident occurs. Tell them what type of injury and where, the time and location the accident occurred, who was involved, and how the accident happened.
2. Seek Medical Treatment. Seeking medical treatment will not only ensure that your injuries are taken care of promptly and have a better chance of healing, but a medical professional can document your injuries and show how they are a direct result of the accident
3. Gather Your Information. When filing a claim, there is certain information that you might be asked. It is important that you know the precise location of where the accident happened, where you are injured, contact information for any witnesses, your employer information, your doctor’s name and the hospital or clinic they work at, and your employer information.  

After you Make Your Claim

While some believe that the process is complete once you file your paperwork, it does not always end here. It is important that you follow up on your claim and keep track of how your injury is affecting your everyday life. You also want to keep receipts of your expenses that are directly related to your injury.

What if my claim is denied?

There are some reasons that a workers’ compensation claim could be denied. If this is the case, you should consider hiring an attorney who works with workers’ compensation claims regularly to see what the best next steps are for you. It can add even more stress to your plate if you are forced to deal with complicated legal matters.

Further questions?

If you have any further questions about workers’ compensation claims after a bus accident or would like to set up an appointment with one of the top workers comp lawyers Long Island offers today to get your free consultation.

Thank you to our friends and contributors at Polsky, Shouldice & Rosen, PC for their insight into workers compensation and bus injuries.

Boat Accidents

Personal Injury Lawyer

Boating is a fun, relaxing hobby that millions of Americans enjoy every year. In southern states like Florida, residents, and tourists spend much of their time on the water fishing, sailing, exploring local hot spots or riding jet skis.  

Like any other hobby or pastime, accidents do happen. Many people underestimate the dangers of a watercraft and because in most states, licenses are not required to operate watercraft, so boat operators are often inexperienced and uneducated. Being unfamiliar with local waters, traveling too fast, and ignoring bad weather are a few factors that can contribute to a boating accident. When an accident does occur, injuries vary dramatically and can be mild or severe. Slip and falls, drowning, broken bones, head injuries, respiratory infections and spinal injuries are among a few of the potential injuries a person can face in a boating accident. If you are injured on a boat, you should know your rights and options to recover damages from the liable party.

Like many personal injury claims, to recover damages related to an injury, there has to be proof that the injury resulted from someone else’s negligence. It is important to always consult with a personal injury lawyer who can help build a case to prove that someone failed to act with reasonable care. Aboard a boat, some examples of negligence can include collision with another boat, hitting another boat’s wake, hitting a wave, or hitting a submerged object.  

When two boats collide, usually both boat operators are somewhat at fault for the collision. If you are injured due to a collision, there is the potential to have a case against one or both of the boat operators. Boating laws and rules like right of way and whether a boat was under sail or under power will play a role in determining which party will be held liable. Boat collisions can be deadly, and it is important that the operator of the boat is always driving the boat safely.

When injured due to hitting another boat’s wake, hitting a large wave, or hitting a submerged object like a rock or sandbar, fault isn’t as clear cut as in a boat collision. Sometimes accidents happen even when the boat operator is acting with reasonable care. Federal and state boating laws dictate that a boat operator must keep a proper look out for safety hazards. Factors that contribute to proving whether or not the boat operator was acting negligently will include the size of the wake or wave, the speed of the boat, other traffic in the area if boating charts display the submerged object or sandbar, and if the boat operator gave their passengers warning of a big wake or wave.

To help protect themselves against a potential lawsuit, boat operators can take steps to ensure the safety of their passengers. Carrying and maintaining all federal and state-required safety equipment like life jackets, navigation lights fire extinguishers could save a boat operator from being found negligent. A boat operator should stay hydrated, refrain from drinking alcohol, and not operate the boat while fatigued.

Many states, like Florida, do not require boaters to carry an insurance policy. This poses a problem for a person injured on a boat and looking to recover damages for their injuries. A boating accident could result in medical bills, property damage, lost wages, loss of earning capacity, and pain and suffering. Often, the claim ends up being against an individual person rather than an insurance company which can limit compensation for damages.  

If you are injured in a boating accident, it is important to consult an experienced boating accident lawyer to help you recover the damages you deserve. Lawsuits involving watercraft can be complicated and an attorney will know how to effectively guide you through the process.

Dog Bite Injury

Personal Injury Lawyer

Everyone loves dogs! Dogs are a man’s best friends, women included. However, this does not mean that dogs are not capable of vicious acts. Every year there are hundreds of instances where someone, woman, man, child, or elder, has been attacked or bitten by a dog. There are several injury types that can stem from dog bites; this is why it is important to understand what needs to be done immediately following an attack from a dog, especially a bite.

There are legal steps that may need to be taken if the dog is not your own, however, no matter whose dog, seek medical attention as soon as possible if bitten. Certain steps include:

• Seeking medical attention. Like any other puncture wound, if you suffer a dog bite you are prone to infection. Be as careful as possible to not leave the wound open, but do be sure to take photos immediately so that a record of the damage is properly kept.
• If any one saw the incident occur, ask for a personal injury lawyer in Atlanta, GA so if you decide to take legal action you have as much proof as possible to prove your case and help you receive the compensation you are seeking.
• The owner of the dog, or whoever is responsible for the dog should provide you their information also. This helps when corroborating the dog’s vaccinations with your injuries and also keeping in touch regarding insurance.
• If a random stray dog attacked you, contact animal control immediately. When you file a report with animal control, they are able to pick the dog up and this will help with avoiding an attack on another person.

When building a case for a potential personal injury lawsuit it is best to document everything as it pertains to the dog bite. This means keeping all medical records and bills, writing down a log of the day, explaining what happened right before you were bit and shortly thereafter. Take photographs of your injury from day one, and throughout its healing process. Keep a journal how your injuries have affected your day-to-day life, and do such with as much detail as possible. The more documentation you have regarding your dog bite, the better for your case and possible compensation.

If you or someone you know has been attacked or bitten by a dog, be sure to speak with a personal injury attorney Dekalb County, GA trusts that will be able to gather the facts of your case and negotiate with insurance companies on your behalf.

Thank you to our friends and contributors at Andrew R. Lynch, P.C. for their insight into personal injury and dog bite claims.

What Procedure Should I follow if a Family Member is a Victim of Medical Malpractice?

Personal Injury Lawyer

Every individual should know what they can do to protect themselves in the unfortunate event of medical negligence. If you or a family member has been a victim of medical malpractice, then we have a few guidelines that will help uncomplicated the process of filing a malpractice lawsuit.

Here we detail a few key areas that you need to be aware of if you decide to file a lawsuit against a medical practitioner or hospital for negligence. There is a statute of limitations, a cap for non-economic damages, and a good deal of paperwork involved in the procedure. We hope that the breakdown of the procedure will give you more confidence and clarity when it comes to protecting your rights.

The Statute of Limitation for West Virginia

In West Virginia, if you decide to file a medical malpractice lawsuit for injury or even wrongful death, you need to file the suit within two years of the event occurring. If the result of medical negligence was only discovered at a later date, then the case needs to be filed within two years of the discovery. However, there is a ten year limit from the time of the perceived malpractice after which a lawsuit cannot be filed.

If you feel that you or a family member is a victim of medical malpractice and you would like to file a lawsuit you should contact a lawyer to guide you through the process. Your lawyer will be able to tell you if you are within the statute of limitations, especially if the negligence was only discovered sometime after the treatment was received.

Paperwork involved

Don’t be intimidated by the amount of paperwork involved when filing a medical malpractice lawsuit – your lawyer is there to help you with the details. Here are the some of documents you will require as part of the procedure, in West Virginia:

• 30 days before you file a lawsuit you need to send a formal notice of claim and a screening certificate of merit to the hospital or doctor/doctors who are being sued. The notice along with the screening certificate have to be sent by certified mail. There are specific details that need to be included in the notice of claim and the screening certificate, and your lawyer will keep you informed about that. Without these prerequisite documents, you will not be able to proceed with your case.
• You will also need a copy of all medical record pertaining to the case. Your medical malpractice attorney trusts should also receive a copy of the medical records.
• And finally, there is the actual filing of the lawsuit. It is absolutely necessary to have a lawyer do this for you to avoid any problems later.

Cap on damages

In West Virginia, there is a cap on non-economic damages that can be claimed. The amount is set at $250,000/- and can be increased to $500,000/- for more catastrophic injuries and for medical malpractice injuries that result in a wrongful death. There is no cap on economic damages like loss of income or costs of past and future medical care.

FAQs About Suing My Child’s School

Personal Injury Lawyer

Was your child injured, bullied or harmed in some way at school? You may be wondering if you can sue the school, teacher, staff or parents of another child. If you’re like most people, you don’t have a lawyer on retainer. So our experienced team of lawyers created this document to answer some of the most frequently asked questions parents may have if their child has sustained injury at school.

A lot can happen on the playground, and kids can get hurt. It’s normal and to be expected. That’s why many states have laws prohibiting lawsuits against schools for student injury. But when does it become a matter of negligence or intentional harm?

Here are answers to some of the most frequently asked questions we receive from new clients:

• Can I sue if my child was accidentally injured at school? Possibly, if you can prove negligence on the part of the school or school officials caused the harm to your child.
• Can I sue if my child was emotionally injured at school? Did a teacher or school official shame your child or make an unfair example of your child? Was a school employee verbally abusive to your child? Has there been sexual harassment? Did the school allow your child to be bullied by another student or students? Can you prove this abuse caused academic problems for your child?  These kinds of cases can be difficult to prove, but not impossible.
• Can I sue another child’s parents if their child harms my child? It is unlikely you will be successful in suing another child or their parents. Young children typically are not held legally responsible for their conduct. Exceptions do exist, such as in the case of older, teenage children, sexual harassment or especially egregious situations.
• Can I be sued if my child harms another child? See the above answer. Again, it is unlikely, but not impossible.
• Can I still sue for negligence if I signed a liability waiver? In some cases, yes. Even if you sign a liability waiver for school sports or a field trip, the school can still be held responsible if they acted negligently.
• Can I sue a private school? In many cases, yes. Private schools are not under the same laws and mandates as publicly funded schools.
• What kinds of damages can I recover? Damages can be difficult to prove. There are three main types of recoverable damages in a personal injury case: compensatory, general and punitive damages.

Every situation is unique. It is imperative that you consult with the best personal injury law firm in Philadelphia to discuss the specifics of your child’s potential case. Laws vary widely between different states and counties. If you can prove negligence and suffered documented damages, you may have a case.

Thank you to our friends and contributors at Wieand Law Firm, LLC for their insight into school injuries and personal injury cases.

Why You Need an Attorney During Estate Litigation After a Loved One Passes

Estate Planning Lawyer Memphis, TN

Estate litigation often involves disagreements between family members of the testator regarding legitimacy, or what is included in the will. An attorney understands just how painful this can be, especially when family members are trying to grieve the loss of their loved one. They will do what they can to answer any questions you have, and represent you during the case if needed.

Here are just a few examples of the types of questions estate planning attorneys hear during consultations with clients regarding estate litigation:

What does it mean for someone to have the mental capacity to write a will?

A person who creates a will must be aware of the extent of their assets and be able to identify beneficiaries. A family member that believes the testator was not of sound mind when he or she wrote the will, may come forward to request estate litigation.

If the testator had a mental illness, is that the same as mental incapacity?

If a person has a mental illness, this does not necessarily mean they are not able to make sound decisions. A testator that has been diagnosed with depression, anxiety, paranoia or another type of mental illness, may still have the ability to write a valid will to carry on their legacy to loved ones.

Why may the validity of a will be questioned?

Estate litigation may happen for multiple reasons. A relative of the deceased who thought they would receive a portion of the estate, but came to find out he or she did not after all, may contest a will out of pure spite of being left out. The will may be questioned if there were no witnesses present when the document was signed, or if a family member worries that coercion may have been a factor.

What does it mean if a testator was coerced in regards to their will?

The testator may have been pressured by another party to write certain things into the will, so that the coercer can receive a portion of the assets they desire. Those who are particularly susceptible to coercion are those of elderly age, are easily manipulated, or have a disability.

What if the will executor is not following the wishes of the testator?

Beneficiaries and loved ones of the deceased may come forward to report that the appointed executor has been negligent with the estate. The executor may be failing to abide by the testator’s written wishes, withholding rightful assets designated to certain beneficiaries, or otherwise acting in a manner that is for one’s own benefit.

Please reach out to Patterson Bray today to book your consultation with an estate planning lawyer Memphis, TN trusts so that they can assist during your healing process to make estate litigation a little bit easier.

Estate Planning with a Personal Injury Settlement

Memphis Estate Planning Lawyer

Winning a personal injury lawsuit or receiving a personal injury settlement is great. Whatever your accident and injuries, the lawsuit or settlement will greatly help you in your recovery process.

But it can impact your estate planning in many ways.

Medical Expenses

Depending on the severity of your injury, your current and future medical expenses could be costly. Your settlement will help with those costs. You need to be certain your settlement properly accounts for your medical expenses or your settlement funds could be improperly categorized as income to you. Not only will this decrease the amount of money you’ll have for your medical expenses, it will also increase the amount of tax you owe as your income will be greater. This is where the skill of an experienced estate planning attorney can greatly assist you.

Taxes

As discussed above, the size of your settlement could increase your taxes. This is important to consider when creating your estate plan so you minimize your tax liability. Your personal injury settlement is there for your recovery and your medical expenses – not to pay your increase in taxes.

Using the services of a law firm will help you to ensure your taxes are minimized and your settlement is used for the purpose it was intended – your recovery and your medical expenses.

Succession Planning

In a perfect world, your settlement funds will exceed your need for them. This doesn’t mean you have to give them back. But you should plan for having leftover money at your disposal.

This is important to consider in your estate planning because you want to make sure your heirs are taken care of after you’re gone. By setting up a trust to not only care for yourself during your lifetime, you are able to ensure your heirs are cared for after you’re gone. You have the ability to set up a trust for your benefit to manage the settlement proceeds and pay your medical and recovery expenses.

In addition, you have the ability to be your own trustee during your lifetime. The benefit to this approach is that you don’t have to give up control of your assets. Another major benefit is that you can have greater control over what happens to your assets after you’re gone. Finally, setting up a trust ensures you can make your money work for you. While you are not using funds, you can invest them. Even if your settlement proceeds are only put in a savings account, you can still earn interest on this money, ensuring that you make your money work for you.

Contact a trusted estate planning attorney

Your ability to plan for your future is limited only by the skill and experience of your Memphis estate planning lawyer. Choosing your estate planning attorney from Patterson Bray to guide you through the protection of your settlement funds and planning for your future is an incredibly important step.