Uncategorized | Car Accident Lawyers

Searching for an Injury Lawyer? Here’s What You Should Know

September 18, 2018 8:26 pm | By Winifred Grant

Accidents happen all the time. It’s unfortunate, but you might have been injured and suffered for it. What if that accident was caused by someone else? That complicates things, and that means you’ll likely need a San Diego personal injury lawyer to help.

When you’re searching for an injury lawyer, however, you’ll need to know a few things before you sign anything. When you’re speaking to attorneys about your claim, be sure you cover certain areas around your claim. You will need to know whether you’re getting the help you need after an accident, and you’ll need someone who will fight for your full settlement or compensation.

Knowledge of State Laws

Before your injury, chances are good that you’re not familiar with your state’s laws on injury claims and what you’ll need to do to file. Unfortunately, going into your claim without this knowledge can seriously damage your claim. You might have your claim dismissed, leaving you unable to file or receive compensation for your claim.

For example, knowing the time limits for your claim will be vital. California residents will need to file their claim within two years, so you’ll need to file your claim within that time. While that might seem like plenty of time to file, preparing your claim can take time, so you’ll need to start as soon as possible.

You’ll also need to know what your claim is worth. You won’t have the resources a lawyer will have, which puts you at a disadvantage without one. You’ll need someone to find the costs of both your financial and non-financial losses, so seek out help now for your claim.

Experience in the Courtroom

You need someone who knows the rules on your side, of course, but what about your time in the courtroom? You need more than a lawyer who knows their stuff. You also need a lawyer who has the experience and focus to fight for your claim.

For example, you’ll need someone to fight back when you’re accused of being responsible for the accident. While the other driver might be at fault and caused serious injuries, they might claim you were partly responsible for your injuries. Unfortunately, that blame can hurt your claim.

For example, let’s say you were in a car accident after another driver hit you, but you were on the phone at the time. While they did cause the accident, you weren’t giving the road your full attention. If you don’t fight back, you might be given 10 percent of the fault for the claim.

That doesn’t seem like that much, right? Unfortunately, it can make a big difference for your claim. If you chose not to fight that blame, your claim will be reduced by 10 percent. So, if you should have received $100,000 for your injury, you’ll only receive $90,000 for your claim. While that’s still a significant amount, that $10,000 can make a difference, and you should fight for the fullest compensation for your claim.

Get

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How to Prove a Doctor was Negligent

September 5, 2018 5:09 pm | By Winifred Grant

We put a lot of faith in our doctors to protect our health and take care of us, but sadly, not every doctor is so careful with your health. Your doctor might have been negligent, and now you’re suffering for their actions. That’s not fair, so you’ll need to fight for your compensation.

But, proving that a doctor was negligent isn’t always easy. You’ll need the right tools and resources to help you get the compensation you deserve when your doctor commits medical malpractice. Be sure that you’re meeting the following steps for your claim and seek out medical malpractice claim help from a lawyer.

The Doctor Left You Injured

First, you’ll need to prove that you suffered because of your doctor. An illness, for example, might get worse even though your doctor did what they could. Instead, you’ll need to show that you were injured because of your doctor’s actions.

For example, let’s say you came into the ER with severe abdominal pain. The doctor should have diagnosed your appendicitis, but instead, they claimed you just had a stomach ache. On your way home, your appendix ruptures, causing serious, potentially-fatal damage.

Because they didn’t treat your illness, you suffered a serious injury. It can take time to recover from a ruptured appendix, and medical treatment is often expensive. However, a misdiagnosis isn’t grounds alone for a medical malpractice claim. You’ll also need to prove that your doctor left you injured because they were careless.

Your Injuries Came from Negligence

When your health is on the line, your doctor will need to take appropriate actions to protect your health and make sure you’re getting the appropriate treatment. When they misdiagnosis you, however, it might be a reasonable action. Some illnesses are similar to others, and they may have simply made a mistake.

This isn’t always the case. In the above case, for example, the doctor might not have properly examined you at all. They assumed that you were suffering from one illness, when something much more serious could have been the culprit. Unfortunately, they didn’t test for that illness, and now you’re hurt.

Coming out of the hospital in worse shape than when you came in doesn’t mean your doctor was negligent. A doctor who misdiagnosed you out of carelessness, however, is different. When they’ve both injured you and acted negligently, you’ll need to file a medical malpractice claim against the doctor responsible.

Resources for Proving Negligence

Unfortunately, proving medical malpractice happened isn’t always easy. You’re suffering from a serious injury or illness, and you’re likely not a doctor yourself. That means you might struggle to have the proof needed to show they were the ones responsible. So, you’ll need help.

An attorney will be vital for a medical negligence case. You’ll need expert witnesses, who can look at your condition and determine whether the doctor acted negligently. They’ll provide further evidence that your doctor was at fault.

You’ll also need the help a lawyer can provide when …

How Distracted Drivers Cause Accidents

August 21, 2018 6:58 pm | By Winifred Grant

Over the past decade, injuries from motor vehicle accidents caused by distracted driving have skyrocketed. While the use of cell phones have played a major part in causing these accidents, leading to bans and restrictions on their usage, distracted driving encompasses much more. Some studies have shown that Infotainment systems included in many later model vehicles are also responsible for causing distracted driving. In 2016, the last year for which such statistics are available, distracted driving claimed the lives of 3,450 people.

Distractions take your full attention from the road and are classified as visual, manual or cognitive. Many distractions involve all three categories. Texting is the most well-known and alarming distraction as it does involve all three categories of driving distractions. Perhaps the most dangerous is sending or receiving a text at while driving at high speeds as a vehicle can travel thousands of feet during the process without the driver ever realizing what is happening. However, something as simple as talking to other passengers or eating food or drinking a beverage while on the road are also distractions. To practice safe driving, every driver must have his or her full attention on the road at all times.

Who is Most at Risk for Distracted Driving?

Drivers under the age of 20 have the largest proportion of crashes related to distractions. The Youth Risk Behavior Surveillance System (YRBSS), an arm of the Centers for Disease Control (CDC), indicates that in 2015, 42% of high school students admitted sending or reading a text while driving in the past 30 days.

Research also shows that distracted driving is often paired with other risky behaviors such as speeding or driving while under the influence of drugs or alcohol.

Consider the following statistics:

Almost 390,000 injuries occur annually from accidents caused by texting
One out of every four accidents in the United States is caused by texting
Cell phone usage causes 1.6 million crashes annually in the United States
Texting is six times more likely to cause a crash than driving while intoxicated

All factors that cause distracted driving crashes have one factor in common; namely, complacency. The driver feels comfortable doing distracting actions while behind the wheel and feels that nothing bad will come of it. That, however, is far from the truth. If you have been injured in a distracted driving accident no matter what the cause, contact car accident attorneys Dickson Kohan & Bablove. Our firm will help get you the compensation you deserve.

Sources:

https://safestart.com/news/top-10-causes-distracted-driving-and-what-they-all-have-common/

https://www.cdc.gov/motorvehiclesafety/distracted_driving/index.html

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Massachusetts Laws Involving Motorcycles

August 14, 2018 4:56 pm | By Winifred Grant

If you’re riding a motorcycle in Massachusetts, you should be aware of Massachusetts laws involving motorcycles. First, you should wear a motorcycle helmet approved by DOT (Department of Transportation). You should also put on eye glasses or goggles, and a safeguarding face shield if there is no windshield to the motorcycle. Also, you should have a rider’s license handy at all times.

Helmet Law

As aforementioned, every motorcycle passenger and rider in Massachusetts must wear head gear as per the motorcycle helmet laws of Massachusetts. The law requires that the helmet is in compliance with the state’s official standards for helmet safety. Helmets that are in compliance with the necessary standards would have a sticker on both their exteriors and interiors. Needless to say, the helmet must be fastened securely when riding so that it doesn’t come off while riding.

Motorcycle Handlebars

Tall handlebars are usually not ideal for motorcycle riding, especially if you’re riding long distance. It’s recommended the handlebars do not go above the shoulders of a rider while the rider is seated properly on the bike. A motorcycle should have correct safety gear, which includes proper lighting, rear-view mirrors, brakes, mufflers, fenders, and a secure and comfortable seat.

Sound Emissions

Massachusetts law indicates a motorbike should not exceed the 82 decibel noise level, which is calculated when the bike is moving at a 45mph or lesser speed. And the noise levels should not be more than 86 decibels when the motorcycle is moving at a speed of more than 45 miles an hour.

Moreover, Boston law states motorcycles’ exhaust pipes should come with an imprinted stamp that denotes compliance with pertinent rules.

Generally, stock exhaust pipes that come with street legal motorcycles bear such stamps.

Motorcycle Registration

To register a motorbike in the state of Massachusetts, you must not carry a motorcycle license. But to drive the bike, you certainly need a rider’s license. As far as motorcycle registration is concerned, you would require insurance proof, odometer disclosure statement, vehicle title, and registration fees payment copy. Also, the law requires motorcyclists to possess a liability insurance copy, which includes minimum limits of $40,000 per accident, $20,000 for bodily injury, and $5,000 for material or property damage. The registration fee is approximately $20 for a year. All these documents shall come in extremely handy when you’re embroiled in a motorcycle crash lawsuit.

Getting a Rider’s License

To obtain ‘class M’ license in Massachusetts, you should be 16.5 years or above. Also, you should have obtained a learner’s permit prior to having applied for the motorcycle license. The permit can be applied for at the age of 16.

To obtain the permit, you should complete the application form for the permit, furnish valid identification copies, clear a multiple-choice test, and remit a permit fee. In case you do not possess a ‘class D’ license already, you would have to clear both the class M and class D knowledge tests.

Prior to taking the tests, it would be quite …

Wrongful Death Law in California

August 7, 2018 9:04 pm | By Winifred Grant

Accidents are commonplace in this crazy thing we call life, and not every accident can be thwarted, no matter how many protective measures we put in place. Losing a loved one in a tragic accident will be terrible—there is no doubt of that—but losing your loved one because of carelessness may be even worse.

When you come to learn that your beloved family member might still be alive if not for another’s negligence, you may want justice for your lost family member. Life is precious, and we must prevent reckless people from being so careless with the safety of others.

Filing a wrongful death claim may be the only way to get justice, as well as compensation, for the horror you and your family have been through. If you’re in need of a little more information on the wrongful death laws in Riverside County, California, see below.

What is a Wrongful Death Claim?

A wrongful death claim is a personal injury claim that is filed when a person has been killed because of another’s wrongful act or negligence. There are a few reasons that you might file a wrongful death claim.

The first reason is to hold the negligent party responsible for the death of a loved one.
The second reason is to prevent this reckless person from injuring others.
The third reason is to obtain compensation for all the losses the family has experienced because of the unexpected death of their beloved family member.

California law requires negligent parties to be held accountable when they harm or kill someone because of their behaviors. The party may also be held criminally responsible, but that’s handled separately.

Who Can File a Wrongful Death Claim in California?

Generally, the family of the deceased can file a claim for wrongful death. The spouse of domestic partner, any children, followed by other family member’s who would be entitled to the deceased’s property after death can file.

Which Types of Benefits are Available to Surviving Family Members?

When you file a wrongful death claim you can be awarded compensation for the losses your family has faced, which includes financial losses as well as non-economic damages.

Non-economic damages are the negative effects you’ve been forced to deal with because of the unexpected death of your loved one. Below, here are some of the damages commonly awarded in wrongful death lawsuits:

Pain and suffering of the deceased before death
Mental anguish the family has suffered
Funeral and burial costs
Loss of income the deceased could have earned
Loss of consortium and companionship

Seeking a Wrongful Death Lawyer?

If you believe that the death of your family member was caused by a wrongful act or by another person’s negligence, you may be eligible to file a wrongful death claim. You may be able to recover compensation and justice for what has happened to you and your family.

If you need help filing your claim here’s a listing for wrongful death lawyers in Riverside County.

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Uncategorized

How to Prove a Doctor was Negligent

Posted OnSeptember 5, 2018 Winifred Grant 0

We put a lot of faith in our doctors to protect our health and take care of us, but sadly, not every doctor is so careful with your health. Your doctor might have been negligent, and now you’re…

Category: Uncategorized

How to Prove a Doctor was Negligent