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

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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.

The Dangers of Using Social Media During a Florida Personal Injury Case

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Using social media may not seem like a bad idea. After all, you are eager to share what happened to you with your friends, family members, and followers, and let everyone know that you are fine. However, what many people do not realize is that posting on Instagram, Facebook, Twitter, YouTube, or even TikTok, can hurt their personal injury case.

Why You Shouldn’t Use Social Media During a Personal Injury Case

When posting anything on social media, keep in mind that anything you post is readily available to your insurance company, the other party involved in your accident, insurer, and the lawyers who represent them.

After filing a personal injury claim in Florida, your insurance company will begin collecting evidence to discredit your injuries and either undervalue or deny your claim. “But what does it have to do with my social media posts?” you may wonder.

Posting on social media while your personal injury case is pending can hurt your chances of receiving a fair settlement for various reasons.

Pictures and Videos

The photos and videos you post online will be available to other people and can be used as admissible evidence in court to discredit your personal injury case. If the insurer finds proof that the photos or videos contradict your claim, they may have grounds to deny your claim altogether.

For example, if you claim that you cannot walk because of your injury and several days after the accident you post a photo of you and your friends swimming, the insurance company is likely to challenge the validity of your claim.

Posts About Your Accident or Injury

It is best to avoid posting anything about your accident or injury after filing an insurance claim. Your words can be used against you. Anything you post on social media about your accident or injury can be taken out of context to discredit your injury.

Posts and Comments by Friends

Even if you do not post anything about your accident or injury yourself, you should also watch out for what your friends post and comment on social media. If your friends know what happened, warn them against posting anything about the accident. Also, avoid answering direct questions about your accident or injury when asked by followers in private messaging, especially if this person is someone you do not know personally.

Closing or Suspending Your Social Media Account

Closing or suspending your social media account after filing an insurance claim could raise suspicion. Even if you closed or suspended your account, it could still be accessed and viewed if the other party files a subpoena. Even your older posts can hurt your personal injury case in Florida, which is why closing or suspending your account may attract even more unwanted attention.

Changing Privacy Settings

Changing privacy settings is not an effective way to prevent the insurance company and other parties from accessing your posts. If the other party subpoenas your social media account, the court could provide access to your public posts and even private messages.

How to Protect Yourself on Social Media During a Personal Injury Case?

It is vital to exercise extreme caution when using social media during a personal injury case in Florida. Follow these tips to protect yourself on social media while your insurance claim is pending:

  • Do not post anything about the accident or your injuries.
  • Keep in mind that once you post something online, even a comment, it will remain there permanently, even if you “delete” it.
  • While you can change your privacy settings from “public” to “private,” keep in mind that when it comes to posting on social media, nothing is private, even private messages.
  • Change settings to prevent others from tagging you in posts, photos, videos, and comments.
  • Block apps that automatically share your information, including location.
  • It is best to refrain from using social medial until after your personal injury case has been resolved.

If you need assistance with seeking compensation for your injury, consult with a personal injury attorney in Florida. An experienced attorney will protect your legal rights and help you maximize the value of your claim.

Shrader Law, PLLC

At Shrader Law, PLLC, Tampa personal injury lawyers help victims obtain the compensation they deserve and increase their chances of a positive outcome after a car wreck, motorcycle collision, truck crash, and other types of accidents.

7 Things to Know About a Free Consultation with a Personal Injury Attorney

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Suffering a serious personal injury can be devastating for both your physical health and your finances. Whether an injury occurred in a car accident, because of medical malpractice, or another situation in which a person acted negligently or intentionally, you will want to understand your options for recovering financial compensation. By consulting with a personal injury attorney, you can determine whether you have a case, and you can learn the steps you will need to take.

Preparing for a Consultation With a Personal Injury Lawyer

In many cases, personal injury attorneys offer free consultations in which they can discuss your case and explain your options. Before arranging a consultation, you should be sure to understand the following:

  1. You can find a qualified lawyer through an online directory – You will want to make sure your attorney is experienced in handling injury cases that are similar to your situation. One way to find an attorney who is qualified to handle your case is by using an attorney directory such as Elite Lawyer. These directories recognize attorneys who have achieved excellence in their field, and they may also include customer ratings and reviews and other helpful information about the services an attorney can provide.
  1. Bring as much information as possible – A lawyer will want to understand exactly how your injury occurred and the effects it has had on your life. Before your consultation, you should gather any relevant documents or other information, such as police reports related to a car accident, photographs of the scene, records related to your medical treatment, and information about insurance policies for yourself or anyone else involved.
  1. Come prepared with questions – When speaking to an attorney, you should ask about how they will handle your case, their experience in cases similar to yours, and the procedures that will be followed. This will not only help you understand whether you will want to hire the attorney to represent you, but it can also provide you with an understanding of what to expect, including how long your case may take and your chances of success.
  1. Your lawyer can help you understand your damages – You may not fully understand the short-term and long-term ramifications of your injury, but your attorney can work with you to put a monetary value on the damages you have suffered. In addition to making sure the costs of your medical treatment are fully covered, your lawyer can also help you determine whether you can receive compensation for loss of income while recovering from your injuries, impairments to your income-earning abilities, ongoing treatment such as physical therapy, and the physical and emotional pain and suffering experienced by you and your family.
  1. An attorney can gather evidence for your case – During your consultation, you can ask your lawyer about the best ways to obtain evidence to demonstrate that your injury was caused by someone else’s negligence. For example, an attorney can help uncover security camera footage of a car accident or slip-and-fall injury or contact eyewitnesses to obtain statements.
  1. Your attorney can negotiate with insurance companies – Following an injury, an insurance company may offer a settlement, and you may be tempted to accept this payment, especially if you are struggling financially due to your injury. However, these settlements are often low offers, and they are unlikely to fully address the damages you have suffered. By consulting with an attorney before speaking to an insurance company, you can have a better understanding of the compensation you need and deserve. Your lawyer can then speak to insurers on your behalf and negotiate a settlement that will meet your needs.
  1. Personal injury lawyers usually work on a contingency fee basis – While the costs involved in pursuing a personal injury case can be extensive, in most cases, you will not need to pay your attorney anything up front. Typically, attorneys will not accept payment until damages are recovered in your case, and their fees will consist of a certain percentage of the amount you receive.

Achieving Success in Your Personal Injury Case

By understanding what to discuss when consulting with a personal injury lawyer, you can be prepared to pursue compensation from the person or organization who was responsible for your injuries. Knowing the right questions to ask will help you make sure your attorney can meet your needs and recover the compensation you deserve.

Greg Wildman

Greg Wildman is a writer/editor with OVC Lawyer Marketing, a digital marketing agency that provides website development, SEO, PPC, social media, and blogging to attorneys throughout the U.S.

How to Get the Compensation I Deserve with a Personal Injury Attorney

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Injuries can occur at any time, and accidents can occur anytime. Total road accidents can occur, and this can result in serious injury. The leading cause of the accident is not road laws or if the driver is driving under alcohol influence. Some accidents can result in fatalities and the injured bedridden.

That would result in job losses and financial stress. In the end, that puts the life of an injured person at a standstill. Recovery from physical injury may be possible but the financial crisis might not be possible. The injured person may not receive compensation because the other party is attempting to escape paying the compensation. You can seek help from Personal Injury Attorneys in such situations, which will help them get justice. There are plenty of personal injury lawyers, so having a firm that has expertise is very important to them. The lawyer has to be reasonably competent to get you the money you deserve. Texas Personal injury lawyer is the one who has the license and can represent the victim who has financial and mental stress to cope with. In such special cases, the company has personal injury lawyers who deal with such cases.

Lawyers for personal injury victims will help you get the money you deserve: 

  • You deserve in court and at the negotiating table:

If another person or party’s negligent act leaves you unable to work and faces considerable medical and rehabilitation costs, you can easily find yourself in financial ruin without fault of your own. If injuries resulting from an auto accident leave you with out – of-pocket expenses after collecting from your no-fault insurance policy, please contact the experienced car accident attorneys in El Paso.

  • Determining and recovering the compensation you deserve for injury to car accidents:

If someone else’s careless actions have injured you in an automobile accident, you have legal recourse. Any car accident of any severity, minor or serious, can seriously injure victims.

Once you have dealt with all the important issues following a car accident, speak to seasoned auto accident lawyers who understand the laws relevant to your case.

  1. He will be assessing the details of your case during a free initial consultation. We decide whether the law requires you to receive full compensation from those responsible for the accident. Since Texas is a no-fault auto insurance state, you will receive at least some compensation from your insurance provider, but you may be entitled to seek further compensation from other negligent parties.
  1. All parties responsible for the accident are identified. These parties may not be individuals involved in the accident scene, or even present at it. For example, the company which owns the truck or employs the driver in accidents involving tractor trailers may share legal negligence.
  1. We seek insurance whenever possible through a negotiated settlement with opposing lawyers. Most lawsuits fairly resolve without ever seeing the inside of a courtroom.
  1. We file an automobile accident lawsuit to fight your case before a jury to seek the maximum possible compensation if the injuries are severe enough.

  • Understanding your responsibilities as an automobile driver

Part of protecting yourself from car accidents and negligent driving involves understanding the laws you are required to follow as a responsible motorist. As well as following all road state rules, each driver has certain responsibilities to:

  1. Carry coverage required by the State. Includes a No-fault insurance policy in this coverage.
  1. Take reasonable care to avoid car crashes. Each motorist owes a legal duty of care to those they share the route with.
  1. In case an auto accident injury occurs, seek medical assistance and police, no matter who caused it. You shouldn’t actually try to determine fault in any accident without talking to an experienced attorney.

  • Talk to a trustworthy personal injury lawyer to resolve the case as early as possible:

If you have been victimized by a negligent act in a car accident, or someone you love, do not delay. Time is not with you. To set up a free initial consultation of your case, contact the experienced El Paso personal injury attorney today.

Mike

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