Common Causes of Injuries in Roseland

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Despite how careful most of us try to be in our everyday lives, people experience accidents caused by negligence every day in New Jersey. These accidents can result in horrific injuries, along with substantial financial costs and intense emotional turmoil. Some of the most common injuries people sustain in accidents include:

  • Broken bones
  • Damage to soft tissues (muscles, tendons, ligaments, etc.)
  • Damage to internal organs
  • Neck and back injuries
  • Burns
  • Head injuries
  • Spinal cord damage, including paralysis
  • Traumatic brain injuries
  • Wrongful deaths

Injuries in RoselandAs Roseland personal injury lawyers, the team at Brach Eichler Trial Lawyers has represented clients who’ve been involved in all kinds of accidents. Some of the most common causes of accidental injuries we see at our Roseland practice include:

  • Motor vehicle accidents– There were more than 30,000 crashes in Essex County in 2019, according to state records. Additional records show that there were almost 6,700 crashesin Essex County in which someone was injured and 35 crashes where someone died.
  • Defective products– From dangerous drugs and cars made with worn parts to hazardous toys and broken appliances, countless numbers of people are injured by defective products every year. There were almost 195,000 cases across the country in 2020 where someone died after experiencing adverse effects from prescription drugs, according to the FDA. A product liability attorney in Roseland can help you file a claim for compensation if you’ve been injured by a defective product.
  • On-the-job injuries– The Bureau of Labor Statistics says that private employers in New Jersey reported 69,000 nonfatal workplace injuries and illnesses in 2019. Many of these injuries are the result of employers actively or passively failing to make safety a priority, which results in unsafe working conditions. A Roseland workers’ compensation lawyer can help you get the benefits you’re entitled to for your medical bills and lost wages.
  • Medical malpractice– Medical errors are now the third-leading cause of death in the United States, according to a 2016 study. These errors run the gamut from medication mistakes and botched lab tests to wrong-site surgeries and incorrect diagnoses.
  • Premises liability injuries– When landlords get careless or negligent, tenants and guests can suffer serious harm as a result. Failing to repair broken stairwells or guardrails, not cleaning up spilled liquids, leaving loose electrical cords around, and other forms of neglect can cause accidents that may result in serious injuries.

If you’ve been injured in an accident in New Jersey, call Brach Eichler Trial Lawyers as soon as possible. We’ve recovered more than $300 million for our clients and have received numerous awards for our work, including being named to U.S. News & World Report’s “Best Lawyers” list in 2017.

Get a free initial consultation today by calling our office in Roseland or visiting our contact page.

Jessica

Find top rated attorneys and law firms profiles with Find Attorneys Directory  Publish articles here as other bloggers are doing.

What Makes A Good Personal Injury Lawyer?

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If you have been involved in an accident that was caused by another person and have suffered injuries, the law provides for you to seek compensation for the damages suffered from the insurance company of the at-fault party.

While the law provides for you to seek compensation, you should know that this doesn’t mean the process will be easy to navigate. Insurance companies are generally in the business to make more money and this may mean denying your personal injury claim or offering you a ridiculous amount in compensation for the injuries and damages suffered.

If you wish to enjoy a better chance at recovering damages, hiring a personal injury lawyer, according to Lamber Goodnow Attorneys is a great step to take.

By hiring a personal injury lawyer, you stand a chance to enjoy a wide range of advantages including;

– Protection from the antics and tactics of insurance companies 

Insurance companies have a wide range of antics up their sleeves. All of these antics are aimed at discrediting the personal injury victim’s claim and denying them access to the deserved amount in compensation. By hiring a personal injury attorney, you enjoy a better chance of identifying those antics and circumventing them so that you remain eligible for the compensation that you deserve.

– Understanding of the state’s personal injury laws 

No matter the number of articles you have read online, you cannot be as experienced as a professional personal injury lawyer. Your personal injury lawyer knows how to handle personal injury cases and has the experience coupled with the legal knowledge required to process both the paperwork and handle all other aspects of the case. hiring an attorney gives you added advantage as they can guide you through the dos and don’ts of personal injury cases while also ensuring that you remain eligible for the highest possible amount in compensation.

– Can calculate your pain and suffering 

One of the most important factors as part of your compensation is the pain and suffering you were made to pass through on account of the accident as well as the injuries inflicted on you. By hiring a personal injury lawyer, you stand a better chance of getting the perfect value in compensation for the pain and suffering you have endured.

– Evidence gathering 

If you have sustained fatal and permanent injuries due to the negligence of another person, chances are that you are confined to the treatment bed and that puts a strain on how much you can do to help your personal injury claims case. hiring an attorney guarantees that you will get not only a solid legal backing but also the resources of the law firm towards investigating the case and gathering relevant evidence that will be used to support your case.

The advantages of hiring a personal injury lawyer are many. However, to enjoy all of these advantages and more, you need to be able to choose experienced and good personal injury lawyers to represent you.

Before you make a selection, we have highlighted some of the properties that make a good personal injury lawyer;

– Convenience 

Many people do not consider the convenience of meeting with their personal injury lawyer important until later during their case. when choosing a personal injury lawyer, you should consider the convenience of visiting the attorney to discuss your legal concerns. Many people choose attorneys who are closer to their homes or place of work to ensure that they can conveniently drop into the attorney’s office whenever needed to discuss their legal needs.

You should also consider choosing an attorney that is flexible and ready to come to you whether you are in a nursing home or at the hospital.

– Trial experience 

A good personal injury lawyer is one that has handled several cases in the past and has years of trial experience under his or her belt. Choosing a personal injury lawyer that has trial experience ensures that you get adequate legal representation when needed, especially when the case proceeds to trial.

While many people may wait until the settlement meetings break down before hiring a personal injury lawyer with trial experience, it is important to note that this development can harm the progress and outcome of their case. a better approach would be to inquire about their trial experience from the onset so that you can rest assured that the chosen attorney can represent you throughout the case.

– Practice areas 

When you are in search of a good attorney to handle your personal injury case, one of the most important factors that you should consider is their practice areas. While there are some general practitioners in the legal field, it is recommended that you should go for an attorney that handles only personal injury cases. Doing this ensures that you are choosing an attorney that is experienced in the field and has all the resources needed to back you up in court and before the insurance companies.

The chances of getting the best possible outcome are increased when you choose an attorney that is specialized in the personal injury law practice area.

– Fee structure 

Personal injury accidents can destabilize your finances. The chances that you are already faced with huge medical bills exist. You do not want to take on any huge financial commitments and that is why you should ask about the fee structure of the attorney and the law firm.

Many personal injury lawyers offer their clients a contingency-fee-based service or a no-win, no-fee service which means that the personal injury victim won’t have to worry about upfront legal costs until the case has been won.

After the case has been won and the compensation has been awarded, the personal injury lawyers take a certain percentage of the payout to cover their legal fees.

– Credentials and Reviews

When choosing a good personal injury lawyer, you should also be on the lookout for their credentials and reviews from past clients that they have represented. If past clients have complained about them pushing cases to junior staff or lack of communication, chances are high that you will suffer the same fate when you choose them. Look for a reputable and experienced attorney to hire for your personal injury claims case.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Suffered a Personal Injury? Get the Compensation You Deserve

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When you are hurt because of the carelessness of someone else, you will normally obtain compensation by making what is called a third-party lawsuit with the insurance firm of the defaulting party.

You must also show any costs connected with the incident following the establishment that the accused is the one responsible for your injuries (trustworthy) (called “damages” in legalese). The insurance provider Worker Compensation Lawyers Sydney should reimburse you for your medical and unpaid salaries. In addition, you should be compensated for your general pain and suffering by the insurance provider. “When an insurance provider compensates for pain and injury and how those kinds of damage are measured is discussed in this article.

What is “Pain and Suffering?”

According to a legal word, pain and suffering refer to a variety of injuries that a claimant can sustain as a result of an accident. The report includes not only physical but also mental and emotional injuries such as anxiety, sleeplessness, sorrow, concern, discomfort, and even loss of life pleasure.

In almost any injury, even if minor — and often very high — for pain and loss the plaintiff should be able to recover a few amounts.

How do you measure pain and damages in an insurance company?

There is no tough and fast rule for measuring pain and suffering for an insurance policy. Many Sydney Personal Injury Lawyers were qualified to use one of two techniques for pain and suffering estimates. The first approach is to multiply by a certain amount, usually between one and five, the real losses (medical details and lost wages) (depending on the severity of the injury). For example, if a claimant makes $3,000 in a broken arm’s medical bill, he will multiply it by three and conclude that $9,000 is a sum appropriate for pain and distress.

The multiplier method is used by our injury settlement calculator. For details on how to reach a “fair” number, see this overview on calculating a multiplier.

In addition, many lawyers are using a per diem solution (Latin per day). According to this method a certain amount, maybe $100.00, is allocated every day from the day of the accident until the plaintiff is fully recuperated in Sydney Personal Injury Lawyers.

In measuring pain and suffering, insurance providers have no duty to recognize these approaches. In order to decide which compensation arrangements should be offered for pain and suffering, many businesses use computer programs. These schemes also consider not just the kind of wound but also the kind of medical attention required by the applicant.

Insurance agencies, for example, typically see physician rehabilitation as a more severe and compensable injury than chiropractor care. The duration of the claimant’s requested care would also be considered by insurance providers.

If treatment for the form of injury is unnecessary, the insurance undertaking won’t provide any treatment in its pain and pain calculations.

Proving Pain and Suffering

Pain and distress losses can be recovered, but how have they been demonstrated? The more proof that your argument is to be accepted, the greater your chances are of recovering a sum that is satisfactory. The more evidence that you will tolerate those injuries.

Documentation, including photographs and Sydney Personal Injury Lawyers journals, that capture the physical and emotional feelings of the claimant shows the extent of your injury and the accompanying pain. Friend and family documents will provide further proof of the detrimental effects of the particular accident on the life of the plaintiff. Evidence of care by the mental health provider is also beneficial and necessary if the patient claims injuries such as elevated anxiety, insomnia, or depression.

How Do You Know What’s Fair? 

When the insurance provider offers coverage for pain and suffering, how do you know if this is a fair offer? The use of either the multiplier method or the diem method to achieve a ballpark appearance is a fair approach (as discussed above).

Then consider whether additional circumstances will increase or decrease this number. For example, it may be rational to raise the amount of pain and suffering you feel fair if your lesions have caused a permanent scar on your face. On the other hand, it probably is not worth anything to have a small bump on the head that cured easily. Consider these factors in considering the pain and distress as well as the insurance provider’s assessment of the realistic and equitable offer of the insurance company.

Courtenay Poulden

Courtenay Poulden is leading personal injury lawyers in Sydney and he is accredited by the Law Society of New South Wales as a Personal Injury Law Specialist and is one of the contributing authors to the Personal Injury Law Manual in New South Wales, published by the Law Book Company.

Careless Actions Cause Injuries and Fatalities Every Day

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Every day across the U.S., people suffer severe and potentially fatal injuries. If you’re hurt in a car accident, are harmed by a defective product or pharmaceutical, become injured or ill on the job, or for another reason, it’s vital to know that you have rights.

Depending on the circumstances surrounding your accident, compensation could be available to you to help you get medical treatment, pay your bills, and move on with your life. For example, if someone else’s negligence causes you harm, you could be owed compensation from the at-fault party through a personal injury claim. Similarly, if you lost a loved one in a tragic accident that was not their fault, you could pursue a wrongful death claim.

If you were injured or became ill at work, you could be eligible to seek worker’s compensation benefits, regardless of who was at fault. If a third-party, like a contractor, caused your accident, you could file a third-party claim.

With so many legal avenues for getting the fair compensation you’re owed after an accident, it’s crucial to understand how these accidents happen and what you can do to get the fair amount you’re owed if you’ve been hurt. Here, we’ve provided specific information about workplace accidents and wrongful death claims for you to better understand these cases.

The Dangers of Workplace Accidents

Injuries When a worker is hurt performing work-related duties or becomes ill due to workplace conditions, you might be entitled to benefits through your employer’s workers’ compensation insurance. Workers’ compensation exists to help injured workers get treatment and a portion of their wages as they recover. In exchange for this coverage, the employee typically waives the right to sue their employer for damages.

The most common causes of workplace injuries include:

  • Lifting heavy objects
  • Falling from heights
  • Dehydration
  • Exposure to toxic substances
  • Slips, trips, and falls
  • Repetitive motion injuries
  • Malfunctioning machinery or equipment

A workers’ compensation lawyer in Georgia can help you get the benefits you’re owed, and will make sure the insurance company or your employer don’t wrongly deny or diminish your claim.

Some of the benefits you could be entitled to include:

Disability benefits pay a percentage of the injured employee’s lost wages depending on the extent of the injury and qualifications they meet. There are four types of disability payments:

  • Temporary total disability
  • Temporary partial disability
  • Permanent total disability
  • Permanent partial disability

Medical benefits pay upfront for all necessary and reasonable treatment required to evaluate and treat the work-related injury or illness.

Death benefits are also available for surviving family members that lose a loved one in an accident. If another person’s actions caused your loved one’s death, you could seek compensation for funeral costs and a percentage of their lost wages before the fatal injury or illness.

How to Handle A Wrongful Death Case

If your loved one died because of someone else’s careless or intentional actions, you might be entitled to file a wrongful death lawsuit. According to Georgia law, wrongful death is a person’s death that another party causes with reckless, intentional, negligent, or criminal acts.

It’s crucial that you hire an experienced wrongful death lawyer in Georgia to help you with your case. The legal process is complicated and confusing for anyone who hasn’t gone through it before. If you choose not to seek legal representation, the opposing party might take advantage of that and intimidate you into dropping the case.

There are only a handful of family members that are allowed to file a wrongful death lawsuit. They include:

  • Surviving spouse and minor children
  • Surviving parents
  • A personal representative of the deceased’s estate

Damages refer to the expenses and intangible losses suffered by an accident victim. When you pursue this type of case, you could recover compensation for your expenses and any losses your loved one suffered prior to their death. The available damages include:

  • Medical expenses associated with fatal injury or illness
  • Funeral and burial costs
  • Pain and suffering experienced before the victim died
  • Lost wages and benefits, including what the deceased would have earned if they survived
  • Loss of companionship, care, and other benefits the deceased provided

There’s a statute of limitations you must follow if you wish to pursue compensation from the at-fault party that caused the death of your loved one. The statute of limitations in Georgia is two years. That means you have two years from the death date to file your lawsuit; otherwise, you’ll lose your right.

What to do if you’ve been hurt in Georgia

If you get hurt at work, suffer from a dog bite, or lose a loved one due to someone else’s negligence, it’s recommended that you hire an experienced attorney to represent you. If you were bitten by a dog, for example, a Georgia dog bite lawyer will be able to evaluate your claim, investigate the accident, gather relevant evidence, and demand fair compensation from the person or party that caused you harm.

If you have a worker’s compensation claim, your attorney will make sure your application is complete and accurate and will appeal your case if your employer or their insurer deny or attempt to underpay your valid claim.

If you need a wrongful death lawyer in Georgia, make sure to choose a law firm with the right experience, resources, and compassionate attention necessary to help you and your family recover compensation and get a measure of closure.

Jessica

Find top rated attorneys and law firms profiles with Find Attorneys Directory  Publish articles here as other bloggers are doing.

What is an Attractive Nuisance and How to Deal With Them

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Attractive nuisances can have a significant impact on our home insurance policies. Let’s take a closer look.

An attractive nuisance sounds like an oxymoron and it is exactly that. Note that insurance companies just do not like them. So, you may be wondering what exactly they are, where they are and why they are considered a nuisance if they happen to be so attractive.

Attractive nuisances are sort of similar to fatal attraction, and very often we happen to find them in our own very backyards. They happen to be attractive to a demographic that can be best described as being one of the most unassuming victims, yes we are talking about children. You may have gone through the process of child-proofing your home to the best of your ability but know that there is a lot to child-proofing than having to just worry about electrical outlets. Children may often unfortunately not realise that they are placing themselves in the way of harm because the whole thing seems very innocent to children and also adults at times. It doesn’t matter what appearances, intent  or direct responsibility there were, when there is an accident that involves a child, the courts do take a drastically different approach. That approach is what is known as the attractive nuisance doctrine. Insurers will in all cases want to avoid having to pay for any accidents that may happen due to an attractive nuisance.

What is an attractive nuisance?

Simply put, attractive nuisances are things that exist on your property that have the potential to be dangerous, and in most cases, it is so for children and also the elderly. It is something that you have intentionally put inside your property and although it may be attractive, it poses certain risks and dangers, opening the room for different types of insurance claims to be filed.

Attractive nuisances will include a wide variety of things. Some of these are very obvious and some, not so much. It is very important to know exactly how much of these nuisances exist in your property so that you can make the correct decision of how much coverage to purchase. Let us take a look at some of the most common types of these nuisances.

1. Railroads:

We all know how fascinated and content children are by the very simple process of looking at toy trains running laps around and around. You may think that this is why railroads pose no real threat. But it is not such a small matter, afterall, real railroads and the safety of children is no small matter. It is for this very reason, the allure of railroad turntables, that eventually did lead to the “turntable doctrine”. This is what preceded the attractive nuisance laws after it was established that homeowners are responsible for trespassing children.

2. Swimming Pools

The very attractive and beautiful pools that many people have in their backyards have the potential to be the ultimate attractive nuisance, in fact, they seem to be the best example of what exactly an attractive nuisance is. We all love swimming pools in the summer, like literally we all do. Sometimes our pets also love them. While it may all be a lot of fun to take a dive in the pool on a hot day of summer, it definitely is not that fun when people and especially children do not understand the concept of boundaries around the pools they are at. One thing that is definitely not funny is the unfortunate deaths and injuries that we see arising from pools and nor is it funny if you have to bear the brunt of the expenses in any accident that may happen to take place on your very own property. If you happen to have a pool then your home insurance company will in all likelihood require that you have your pool gated securely and that it remains locked at all times. If you do not do that, and it does not matter if you don’t do it before buying the policy or afterwards, you will be facing denial of coverage from insurance providers. You will also have to deal with claims that are denied, policies being cancelled and very likely, large liability lawsuits which you are responsible for settling on your own and out of your own pocket.

3. Farm Equipment:

A lot of people and especially people who reside in the countryside, often have farms within the confines of their property. Farms do vary a lot when it comes to size but one that courts believe in is that all farmers should install fencing that is safe. In other words, safe fencing. Also, courts have ruled that it is not necessary to move large farm equipment and they have also ruled that live animals are also not an attractive nuisance.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

How Do Attorneys Decide to Represent a Personal Injury Case?

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To Represent or Not to Represent

For an attorney, taking on representation of a personal injury client is a commitment on several levels.  First, you must believe the client needs help and you can provide it.  Second, you must believe you will be successful in providing said representation.  Third, you must believe the potential recovery (and resulting fee) is an efficient use of your time.  That is, you will profit once the case is resolved.

The Economics of Personal Injury Law

It would be nice if the practice of law was only concerned with the pursuit of justice and every case is one where we “fight the good fight”.  But there is the way things should be, and the way it actually is.  Like it or not, business drives the legal profession.

At first blush, this may be a depressing thought, but the situation is certainly fair.  In “free” market economies, efficiency is the name of the game.  It makes sense that the lawyer (business) which provides the best service, in the most efficient manner, will thrive.

Because business concerns (profit and loss) are of primary importance, they play into every decision a personal injury lawyer makes.  This is true from the time the attorney tries to determine if a particular case is worth the time.

For example, a personal injury case where the client didn’t go directly to the emergency room, didn’t see a doctor until two weeks after the accident, and had soft tissue injuries will likely only yield a small recovery and fee.  A potential client who was airlifted to the hospital and spent a week in intensive care is obviously a more valuable scenario for the client and the attorney.

But much of the work still takes the same amount of time as far as the attorney is concerned.  So the determination ultimately comes down to the amount of money made vs. the amount of time spent on the file.  In other words, what is the attorney is making for his time – the only commodity he/she has to offer the marketplace?

Making the Determination

I was taught to never take a case unless you are willing to put in the time it would take to bring that case to trial.  I still think this is a good rule of thumb for attorneys trying to build a practice.

I realize that many attorneys take on cases to see if they can settle the matter “pre-suit”.  And especially for an attorney looking for cash flow, this can be an attractive policy.  The idea is to try to work up the case, make a few phone calls and send a few letters to see if the adjuster will put some money on the case.  If not, the client is released to try to find another attorney before the statute of limitations runs.  I think this practice is short sighted though and could bite you in the backside later on.

Even if you are just starting out, you will undoubtedly be getting new clients.  As you practice, old clients sometimes become recurring clients and more importantly, referring clients.  Many older attorneys will tell you past clients are a large source of their referral business.

If you are unable to settle a case, and unwilling to take it into suit, that client will surely not be happy.  A client who is only half-heartedly represented is not a referring client.

In addition, you will have wasted time on a case that yielded you no fees whatsoever.  Further, when the case is finally ready to settle, you forego possibly working on larger cases with more profit potential.

The Answer

So how do you decide which cases to take?  First, decide how much you want to make per hour of your time.  In the personal injury game, we don’t bill hours, so you are probably better off deciding which cases by their estimated case value.  Then you can calculate your expected fees in rough terms, divide that number by the amount of hours you work and you will have a rough estimate as to how “heavy” a personal injury case must be for you to consider representation.

If you are just starting out and need some, albeit rough, estimates as to what a case is worth, you can ask some of your peers.  You can also use the crude method of multiplying the medical expenses by three.  These are not perfect estimations by any means.  However, they will give you a general idea of your potential fee if all goes well.

Once you decide your threshold, make sure to you stick to it.  I remember taking cases not trying to disappoint a friend or acquaintance.   These will undoubtedly cause you to work the hardest for almost no revenue.  Resist the temptation to be a people pleaser and politely pass.

Obviously, these are some broad strokes, but the concept is clear – make sure you are providing value, and don’t forget that business drives the profession.  Keep this in mind and you and your clients will be that much better off.

Thanks for listening.

Paul M. Coppola Esq.

Paul M. Coppola, Esq. is a licensed attorney since 1994 and a serial entrepreneur.  In his writing, he shares his unique insight into personal injury law practice as a business.  He currently resides at the “Jersey Shore” with his wife and two children and is the owner of Fair Rate Funding, a litigation finance firm which specializes in advancing money for expenses to personal injury plaintiffs prior to settlement.

What are my Rights After Being Injured by a Dangerous Product

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Thousands of consumers are injured every year because of dangerous or defective products. When you find yourself in such a predicament, you’ll be entitled to a product liability claim. The claim for the injuries will compensate for the medical bills, time away from work, rehabilitation, pain, and suffering that you’ve had to go through.

The product manufacturer will be held liable for the injuries. You might be aware of your rights but going up against a big insurance company could prove to be a challenging task. Such corporations have experienced attorneys by their side to protect their interests. In this article, we’re going to highlight the rights you have as a consumer and how to go about the process of hiring an attorney for your case.

Product Defect Claims

There are three main types of product defects: manufacturer’s defects, defects in labeling and warning, and design defects. The legal implications will vary from one product defect claim to another. You can see more at Flagler Personal Injury Group.

Defect in Design: An example is with the braking system in a motorbike. If the cables disintegrate when the rider steps on the brake, the manufacturer will be liable for the injuries that come about as a result of the defect.

Defect in Manufacturer: An example is a car with a steering rack that doesn’t fully rotate when taking corners. Such a defect can cause serious accidents and even death in some cases.

Defect in Warning: An example is with space heaters. There should be sufficient labeling and warning for a unit that is prone to overheating if it is left on for extended periods of time.

Legal Recourse for Defective Products

The law will vary from one jurisdiction to another but the underlying principles are the same. There are remedies provided by the law in the case of a defective product. There are two main theories of product defect cases and they include:

Strict liability: In such a situation, the manufacturer will be the one that is strictly liable for the product defect. The onus will be on the plaintiff to prove liability for the product defect in order to be compensated.

Negligence: Proving negligence is the basis of any personal injury case. The plaintiff will need to prove beyond reasonable doubt of suffering damage because of the defects of the product. A good example is with a motorcycle that was not properly inspected. If the wheels come out and result in injuries, the plaintiff is entitled to file a claim for the damages.

Who Should Be Sued

When you’ve been injured because of a defective product, one of the important things you’ll have to figure out is the parties that should be sued. It could be a complicated endeavor to identify the companies that are liable for the injuries. The majority of state laws will require the same type of defendants in a lawsuit that involves a defective product.

Manufacturer

The manufacturer of the product will be the source of the distribution chain. The size of the manufacturer could vary depending on the product. It could be an individual working from their garage or a Fortune 500 company with factory outlets across the globe. All the parties involved in the manufacturing process should be included in the lawsuit.

Retailer

The retailer might not be involved in the manufacturer of the product but they’ll still be liable for selling something that is defective. It should be noted that the defendant is not conveniently chosen. The lawsuit will require that anyone that is involved in the distribution of the defective product should be a defendant in the lawsuit. If you’re figuring out if the retailer should be included in the lawsuit, there will be a couple of things to keep in mind:

You don’t necessarily have to be a buyer: You don’t have to be the buyer in order to file for a claim. An example is when you take painkillers that were given to you by a friend. You can still file for a claim even if you’re not the one that purchased the painkillers from the retail store.

You can recover for used products: The product can still be defective even if you bought it used. That doesn’t exempt the manufacturer from liability.

Corporation

There are situations where the defendant could be a corporation. The law considers corporations persons that can be held liable in a court of law. You’re still able to sue even if the defendant is a foreign corporation.

The More Defendants, The Better

One of the reasons why you’d want to identify all the defendants is because each defendant will be held jointly and severally liable for the injuries. What this means that even if one defendant fails to pay, another will carry the cross. This is why a personal injury attorney will try as much as possible to identify all the defendants in the supply chain of the product.

Getting an Attorney For Your Defective Product Claim

It can be an extremely complex process to identify all the defendants involved in a defective product claim. That is why it will be a good idea to look for an experienced attorney depending on the nature of your case. To make sure you’re working with an experienced attorney, you’ll want to find how long they’ve been practicing. The more the years, the more the experience. You can also ask for references just to be sure.

Conclusion

It can be intimidating fighting with a big corporation. They have attorneys to safeguard their interests. There is no reason why you’d want to file the claim on your own when you can reach out for help. Most personal injury attorneys will work on a contingency fee basis.

Flagler Personal Injury Group is a law firm that believes in fighting for the rights of motorcycle users. Our attorneys are highly trained and experienced with personal injury law. We’ll help you handle all the legal aspects of filing for a claim so that you’re getting the compensation that you truly deserve.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Pursuing Compensation After Suffering A Spinal Cord or Burn Injury

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Serious injury accidents happen every day. Whether you’re driving in your car, at work, or walking in a grocery store, you could encounter hazards or careless behavior that leads to an accident. When someone causes you harm, you could pursue legal action against them.

Some injuries are minor, while others are severe or life-threatening. If you require medical treatment and incur a range of costs, you might not be able to afford it. If this has happened to you, a Houston burn injury lawyer should be consulted right away. With the right legal team on your side, you could recover fair compensation to cover your medical bills, ongoing therapy and treatment, lost wages, loss of future earnings, disfigurement, and pain and mental anguish.

Below, we’ll talk about what types of accidents could result in a spinal cord or burn injury, and what to do to protect yourself or your loved one if the unthinkable happens.

Types of Accidents That Result in Spinal Cord or Burn Injuries

Various incidents could lead to burns or spinal cord damage. Any situation where one person’s careless actions lead to someone’s injury or fatality would fall under the broad category of personal injury. The most common personal injury accidents include:

  • Workplace accidents
  • Motor vehicle crashes
  • Slip and fall
  • Products liability
  • Premises liability
  • Dog bite or animal attack
  • Medical malpractice

Any of these could result in a burn or spinal cord injury. It depends on the factors surrounding the incident and how it occurred. Houston spinal cord injury lawyers can review the elements of any case to determine which accident type it falls under and how to proceed.

Take Legal Action Immediately After An Accident

If another person causes you harm, you must follow the steps below to protect your rights to financial compensation. You should begin the legal process immediately after the accident and seek legal representation. Houston burn injury lawyers have the knowledge and resources to handle a case like yours effectively and pursue the maximum monetary award available.

Step 1: Obtain information at the accident scene, such as names and phone numbers of everyone involved, photos, and evidence. If you were in a car crash, ask for the other driver’s auto insurance information. In situations where you get hurt on another person’s property, you should ask for the business or property owner’s liability insurance details.

Step 2: Report the incident. Call 911 or notify someone of what happened. A police/incident report can be useful in showing the events leading up to your injuries and who caused it.

Step 3: Talk to anyone who witnessed the incident. Write down their names and contact information. They could provide witness statements during an insurance claim or lawsuit to help you prove you deserve compensation.

Step 4: Go to the doctor. Seek treatment immediately after sustaining an injury. If you wait too long, that could impact the outcome of your legal case. Insurance companies typically don’t pay out that much money to someone claiming to suffer a spinal cord injury but waiting two months before seeing a doctor. A gap in treatment won’t help you, so undergo an evaluation after the accident and continue following up until you recover.

Step 5: Maintain records of everything. Keep a copy of all documentation associated with your case. That includes billing statements, medical records, and insurance company letters. Sufficient evidence is necessary in personal injury cases to prove who was at fault and who suffered harm.

Step 6: Speak with Houston burn injury lawyers and retain one of them to assist you with your case.

If you were the victim of an accident and suffered injuries due to someone else’s carelessness, experienced Houston burn injury lawyers like those at Gibson Hill Personal Injury could help you get compensation and a measure of justice.

You should never have to pay out of pocket if someone else’s carelessness or negligence caused a severe and lasting injury. Spinal cord injuries and brain injuries, in particular, can impact a person’s life for years or possibly permanently. Take the first step toward rebuilding your life by calling an attorney to discuss your case in a confidential setting. From there, you can rest easier knowing that someone is on your side and will help you get justice.

Jessica

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Dog Bite Injuries in Denver

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A dog bite can cause severe injuries, permanent scarring and disfigurement, mental anguish, and in the most tragic cases, death. It’s a traumatic experience that can have a lasting impact on the victim’s life. Even if the physical scars heal, the emotional scars can last a lifetime. It’s important to understand state laws and statutes surrounding an incident like this. If the dog owner was somehow responsible for causing your injury, you might be entitled to financial compensation.

Denver dog bite injury attorneys have experience and resources to assist you with your legal case to ensure you receive the justice you rightfully deserve. Below, we’ll discuss Colorado’s dog bite laws in detail.

Colorado Dog Bite Laws

According to Colorado statute 13-21-124, you could potentially hold the dog owner liable for the injury you suffered if:

  • You were lawfully on private or public property; and
  • The bite caused severe bodily injury or fatality.

Premises liability is a broad category that includes various situations where someone gets hurt on another person’s property due to their actions. There are premises liability lawyers in Denver that can file an insurance claim or lawsuit to recover the monetary award you need for your losses. To pursue this after a dog causes your injuries, you must use one of the following legal bases:

Strict liability only applies to situations where the victim sustained a dog bite. Under the statute above, the injury must be severe or fatal and occur on public or private property. It does not matter if the owner knew or should have known that their dog was aggressive or would bite someone.

Negligence refers to one party’s failure to act in a way that avoids harm to another. If a dog hurts you but doesn’t actually bite you, you wouldn’t be allowed to use strict liability as the basis of your legal case. You also must show evidence that the at-fault party’s actions directly led to your injury.

For example, some large dogs are strong enough to knock a person to   the ground and cause a concussion, broken bones, or cuts and wounds. If the dog wasn’t on a leash and charged at you, the owner would be negligent in this situation.

How to Handle a Dog Bite Injury

The most important thing to remember is that you should begin the legal process immediately after the incident. The longer you wait, the harder it might be to locate crucial evidence and find witnesses that can testify to what happened to you in court. Your premises liability attorney in Denver will need to investigate your case to determine if the dog owner is liable and find a way to prove it.

Step 1: Don’t let the dog get away. Call animal control if it’s a stray and keep it confined to an area where it can’t run. If the owner is around, tell them what happened and write down their name and contact information.

Step 2: Take photos at the scene of the attack. That should include a picture of the dog, your visible injuries, and any property damage that occurred during the incident. You should also obtain details about the dog’s history from the owner, such as its breed, recent vaccinations, and if there’s a history of violence.

Step 3: File a report. You can notify animal control to ensure it doesn’t hurt anyone else. If you’re in a public place, such as a restaurant, tell the manager and ask to complete an incident report. You might be able to file a claim with the business owner’s insurance company.

Step 4: Go to the doctor. It’s crucial that you don’t wait for days or weeks before seeking initial medical care. Insurance companies look at gaps in treatment as evidence that the injury never happened or it’s not serious enough to require medical intervention.

Step 5: File a claim or lawsuit. Various factors determine who you can seek compensation from after a dog bite. For example, if it happened at a friend’s house, you could file a claim with their homeowner’s insurance. If you were attacked on someone’s public property, you could file a claim with the property or business owner’s liability insurance. You could also sue the dog owner directly if their carelessness led to your injuries.

Step 6: Hire a premises liability attorney in Denver. Individuals who retain someone’s legal services typically receive higher compensation than those who choose to pursue their case alone.

Dog bite claims typically fall under the area of injury law known as premises liability. Premises liability lawyers in Denver will fight hard for the justice and compensation you deserve. Your attorney will be able to inform you of all your rights and legal options when you schedule a consultation to discuss your case in detail with them. Remember that time is limited to take legal action, so contact a dog bite attorney right away for help.

Jessica

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How Pre-Existing Conditions Affect Personal Injury Claims in Florida

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If you have been injured in an accident, you may be able to pursue a personal injury claim to obtain compensation for your damages and losses. Since Florida is a no-fault auto insurance state, you should file a claim with your own insurance company to recover damages. However, are you entitled to compensation if you have a pre-existing injury?

In other words, will your pre-existing injury, which was not caused by the most recent accident, hurt your personal injury claim in Florida? The information provided below is for informational purposes. If you need to seek legal advice, consult with a West Palm Beach personal injury attorney to discuss your particular situation.

What is a Pre-Existing Injury?

Pre-existing injuries, also known as pre-existing conditions, are the injuries you experienced before the accident for which you are filing a personal injury claim in Florida.

Accident victims with pre-existing injuries are likely to get their claim denied or undervalued simply because their injury existed before the date of the accident. However, you may still be entitled to compensation with a pre-existing condition if your injury was exacerbated or aggravated by the latest accident.

How Can a Pre-Existing Injury Affect Your Personal Injury Claim?

Once you file a personal injury claim in Florida, investigating whether or not you have any pre-existing injuries is the first thing the insurance company will do. If any pre-existing condition is discovered, the insurer may have grounds to minimize the value of your claim or deny it altogether.

It is not uncommon for insurance companies to reject personal injury claims by arguing that the plaintiff’s injuries were not actually caused by the accident for which the claim was filed.

As absurd as it might sound, a pre-existing condition could actually benefit your personal injury claim. Since insurance companies reduce and reject claims based on arguments that the plaintiff’s injury occurred before the accident, having any pre-accident medical records will help you establish the severity and extent of your pre-existing injury.

Someone who has not visited doctors or undergone a medical checkup for years may have a hard time proving that they had no pre-existing condition. That, in turn, may give an insurance company grounds to cast doubt on your health before the accident. In fact, having records of your pre-existing injuries could actually serve as evidence to prove that the accident made your pre-existing condition worse.

The Eggshell Plaintiff Theory in Florida

If you have a pre-existing injury and are trying to seek compensation through a personal injury claim, you may wonder, “Will my claim be denied because of my pre-existing condition?” The answer can be found in the legal theory called “eggshell plaintiff” in Florida.

Under the theory, a defendant must accept the injured victim as they find them. Just because the victim had a pre-existing injury prior to the accident does not mean that they are less entitled to compensation.

In other words, the defendant cannot use the injured party’s pre-existing condition to argue that they are not liable for damages. The victim is entitled to compensation if their injury, which existed prior to the accident, was aggravated or exacerbated by the at-fault party’s negligence.

Can You Hide Your Pre-Existing Condition from the Insurance Company?

If you have a pre-existing condition, the worst thing you can do is hide your previous injuries from the insurer. Insurance companies thoroughly comb through a claimant’s medical records to discover any pre-existing injuries in order to reduce compensation or reject a claim altogether.

Being candid about your pre-existing conditions is an important thing to do when filing a personal injury claim in Florida. It is best to fully disclose all pre-existing injuries in order to receive proper treatment and prevent the insurance company from claiming that you attempted to conceal your pre-existing condition from them.

Depending on the circumstances surrounding your claim, covering up a pre-existing injury may be considered fraud, and it may jeopardize your legitimate personal injury case.

Why You Need a Personal Injury Attorney in Florida

If your pre-existing condition was worsened by the accident, medical records would serve as a crucial piece of evidence to establish how the recent traumatic event affected your previous injury.

When an insurance company discovers your pre-existing condition, it will most likely attempt to discredit your injury in order to undervalue or reject your claim. Detailed medical documentation can help you prove that your personal injury claim is valid, which is why it is essential to seek medical attention right away.

It is advised to speak with a skilled personal injury attorney in Florida to determine whether you are entitled to compensation if you have a pre-existing condition. Personal injury claims are a time-sensitive matter, especially if the claimant has a pre-existing injury, which is why you should not hesitate to discuss your case with an attorney.

Conclusion

While a pre-existing condition may complicate your personal injury case and give the insurer grounds to undervalue or deny your claim, you may still be entitled to compensation if:

  1. Your pre-existing injury was aggravated or exacerbated by the recent accident;
  2. You have detailed medical documentation to prove that the accident worsened your previous injury; and
  3. You are represented by a personal injury attorney.

Also, keep in mind that hiding your pre-existing condition from the insurance company is not a good idea. Being candid about your previous injuries could actually help you obtain a favorable outcome and maximize compensation.

Fetterman & Associates, PA

The law team of top-rated attorneys at Fetterman & Associates, PA, handles all types of personal injury cases, including car accidents, truck crashes, premises liability, medical malpractice, and more.