Archive for December, 2009

posted by Admin on Dec 18

Many people are in car accidents every year.  Many people are aware of steps that need to be taken after an accident, but are often too scared or upset to think of anything less obvious.  If you are not at fault or have been injured, these simple steps can aid in your ability to recover damages.

Always remember to stop immediately.  If you fail to do this, you may be facing criminal penalties.  Stay at the scene on the accident and turn off your car to help protect against fire.  If you have been in an accident at night, make sure oncoming traffic can see you.  Leave lights on or put out flares if possible.  If oncoming drivers are not properly warned, you could be liable for their damages.

If you are not seriously injured, try to assist anyone else.  Call 911 and do not move the person, unless they are in danger of being hit.  After calling the police, make sure to cooperate with the investigation.  It is always smart to write down the badge numbers of all officers involved.  Also, take note of whether the officer is a city officer or Department of Public Safety officer.  If you suspect that drugs and alcohol were involved, tell the officers right away.

Make notes of everyone at the scene.  This includes all parties and witnesses.  Write down names, phone numbers, addresses, and license plate numbers.  Always write down the date and time the accident occurred.  Note the make and model of all vehicles involved.  Never rely on your memory.  It will not be easy to remember the specifics when you are stressed.  Always carry a pen and paper in your vehicle to be prepared for such an event.

THIS ARTICLE DOES NOT CONTAIN LEGAL ADVICE AND WAS NOT WRITTEN BY AN ATTORNEY.

Listing:

Abrahamson & Uiterwyk – Car accident attorneys in Tampa, FL.

posted by Admin on Dec 18

Knees are one part of the body that commonly gets injured. Car accidents, sporting injuries, and slip and fall accidents often result in damaged knees. Sometimes this results in little more than a bruise but some knee injuries can cause on-going pain and suffering.

The knee is a rather complex part of the anatomy made up of bones, tendons, ligaments, cartilage, muscle and nerves. This complexity makes the knee particularly susceptible to damage. One of the best ways to avoid knee injuries is to keep fit and if you are involved in sports make sure to warm up and cool down before exercise. Having airbags in your vehicle can also save you from painful knee injuries that often occur in crashes.

If you do not have airbags the chances are quite high of damaging one or both knees in an automobile crash. Depending on the exact type of crash knees can be twisted and jarred, hit dashboards, or even be crushed. Dislocations, breaks and ligament and tendon damage all possibilities. The two most common types of knee injury from car accidents are to the Anterior Cruciate Ligament (ACL) and Posterior Collateral Ligament (PCL) injuries.

Whether from a sporting injury, car accident or slip and fall it is important to seek medical attention if you experience any of the following symptoms:

  • Sudden swelling of the knee
  • Any loss of sensation below the knee
  • Your ankle or foot turns cold
  • Anything that looks like a deformity of the bones
  • You can’t put weight on the leg
  • Severe pain

Additional Legal Support: Jodat Law Group. Assisting individuals with knee injuries in Bradenton, Florida.

posted by Admin on Dec 18

Each year 200-300 products are recalled from the market. Each year thousands of people suffer personal injury from defective products. Product liability laws differ somewhat from state to state, but there are three main categories that defective products can tried under and three main types of defects.

Strict Liability

It is assumed in strict liability that the manufacturer of a product has expert knowledge while the consumer does not. If there is a defect in the product that leads to personal injury then the defendant is liable no matter how the injury occurred.

Negligence

As with other personal injury cases the plaintiff needs to prove that the defendant owed them a duty and that they failed in that duty. It is reasonable to assume in most cases that a manufacturer of a product had a duty to sell a safe product. If the product was unsafe did they know or should they have known that it was defective?

Breach of Warranty

This occurs when the ‘defect’ is found in the marketing area, when the consumer has not been warned of potential danger. Within this there are also three areas. Breach of express warranty occurs when the manufacturer breaches their written guarantee. Breach of implied warranty of merchantability occurs when disclaimers have not been used and it is assumed that the product did not have a particular defect. Breach of implied warranty of fitness for a given purpose occurs when the seller is aware of the consumers intended use and relies on the seller to fulfill that purpose.

Additional Legal Site: The Shavitz Law Group. Serving clients in Boca Raton and Miami, FL.

posted by Admin on Dec 18

Slip and fall accidents are probably the most common type of personal injuries that occur. They can range from very mild to fatal. For most of us a slip, trip or fall causes little more than a moment’s embarrassment, but there are things we all need to be aware of.

  1. While most of us are well aware that we are injured when we fall, there are some injuries that take time to reach their full extent of pain. A mildly broken ankle for example can often not begin to swell and cause undue pain until much later. Many head injuries also can take 4-24 hours for symptoms to set in. The same thing applies to some back injuries. This is why it is important to see a doctor as soon as you realize you may be suffering from more than just a bruised knee or a mildly twisted ankle.
  2. Around 70% of slip and fall accidents occur on a level surface. Slippery surfaces are usually caused by poor weather conditions, cleaning, food spills or other items on the ground and poorly maintained paths (moss and lichen). Poorly lit surfaces also often play a role in slip and fall injuries.
  3. Over 3,000 children a year visit emergency rooms with slip and fall injuries. Slips and falls also account for 2/3 of injuries to those in the over 65 age bracket. If you have young children or over 65’s in your home or likely to enter your business premises extra care should be taken.

Related Legal Site: Additional information on slip and fall accidents visit WurtzelLaw.com

posted by Admin on Dec 17

We all love our pets and having a dog is a genuine pleasure. Nothing is more heartbreaking though than facing a lawsuit or even seeing your beloved pet put down because they have bitten someone or caused an auto accident. The laws surrounding dogs vary from state to state. In some states you may have no protection whatsoever if your dog bites someone. In other states you may be able to defend a case. As a responsible dog owner it pays to know exactly what applies in your own state.

Being a responsible dog owner starts with selection and socialization. Training, health and safety issues all integrate to keep your pet happy and safe so you never have to face a personal injury lawsuit.

Selection

No one can make the decision for you as to which breed of dog to keep. If you live in a state where certain dogs are deemed ‘dangerous’ think carefully about selecting one of them. You are putting your dog at some risk and you need to be sure that you understand the breed and are a competent owner and handler. Most vets agree that the breed has little to do with any particular dog’s inclination to attack, but some states do not agree. If you select a puppy you have the advantage of giving your pet the best possible upbringing, but it does take time and care.

Socialization

Puppies should be socialized with both other dogs and with people from an early age. Puppy schools can be great for this, or simply read up about it and make sure your adorable puppy becomes well socialized. If you are taking on an older dog, be alert for any signs of poor socialization and speak to a professional to rectify any fears or aggressions your dog may have.

Additional Legal Web Source: SearcyLaw.com. Serving clients in Tallahassee and Miami, FL.

posted by Admin on Dec 17

If you have been injured through no fault of your own, you need a personal injury lawyer to help you get the compensation you need to heal from your injuries and move on with your life. However, finding the right lawyer for your needs can be easier said than done. There are many lawyers out there, but not all of them will be the right choice for your specific situation. To help you choose the best personal injury lawyer for your needs, we have compiled some questions to ask the prospective attorneys that you are considering for your case?

How Long Have You been Practicing Personal Injury Law?

It is important to choose an experienced personal injury lawyer who is used to dealing with other law firms and insurance companies. You also want a professional who is accustomed to the medical conditions typical in your case and who can advise you on the right compensation package to ensure you make a full recovery from your injuries. Experience personal injury lawyers will know how to work with insurance companies to help you get the most out of your claim. Finally, a personal injury lawyer who is experienced in the field will understand the process inside out, so you can settle your claim as quickly and efficiently as possible.

What Types of Cases do You Typically Work With?

Personal injury law includes a broad spectrum, from car accidents to injuries incurred on the job. To ensure your case is handled as adeptly as possible, choose a personal injury lawyer who is particularly well versed in your type of case. For example, some personal injury lawyers may specialize in worker’s compensation cases, while others deal primarily in motor vehicle accidents. This will be especially important if your case involves maritime law or another very specific area of law that may not frequently cross the desk of a personal injury attorney.

Additional Website: The Law Firm of Adrian Philip Thomas. Serving clients in Fort Lauderdale, FL.

posted by Admin on Dec 17

Bus accidents of any kind can cause catastrophic injuries and permanent disabilities. Accidents may occur to school buses, public transportation buses, tour buses and team buses. Accidents may be the fault of the bus driver or other drivers on the road. They may involve pedestrians as well. If you are injured in a bus accident, you may be entitled to compensation for your injuries, lost wages and pain and suffering. Read on for the basics about bus accidents and how to protect your rights if you are involved in one.

Reasons for Bus Accidents

According to the National Highway Traffic Safety Administration, more than 19,000 people are injured in bus accidents each year. Like other motor vehicle accidents, there are many potential reasons why bus accidents occur. Unlike motor vehicle accidents, where the driver is in control, most of the passengers on a bus have absolutely no control of their fate. This can come into play when determining liability in a bus accident. Some of the most common causes of bus accidents include:

  • Driver fatigue or inattentiveness
  • Driver working while under the influence of drugs or alcohol
  • Driver error, due to inexperience or one of the reasons listed above
  • Faulty equipment on the bus, such as bad brakes or bent rims
  • Tire blow-outs
  • Ignoring rules of the road like traffic lights and speed limits
  • Dangerous roadways due to construction or inclement weather
  • Failing to use warning and stop lights on the bus for loading and unloading passengers

Many of these reasons for a crash may be sufficient to file a claim against the bus driver or company. If an accident victim can prove that inept driving on the part of the bus driver or a faulty vehicle was the culprit in the crash, the victim may be entitled to benefits, such as payment for medical bills.

Additional Website: The Law Offices of Mike Murburg, PA. Serving clients in Tampa, Florida.

posted by Admin on Dec 17

When a person is charged for Driving While Intoxicated or has been arrested for a serious offense under DWI, then he needs an aggressive criminal defense plan. These days, most people opt for an attorney who can craft out aggressive criminal defense plan so as to defend the case and attain justice. While dealing with Dallas Criminal Defense Law, a person always needs an experienced lawyer on his side who can explain all the rights of a person and can fight for them. Dallas Criminal Defense Law involves a criminal justice system and a DWI Attorney dealing with the cases should be familiar with this system so as to defend the case appropriately

Assigning Attorney

DWI Attorneys generally focus their practice on drunken driving defense cases which incorporate maximum citizens and college students. More often than not, the cases that come up include Driving While Intoxication, Occupational Driver’s License and expunging of records so that it does not affect the client in any ways. The alcohol and drug crimes involve various charges with which people are found accused. These crimes include:

  • Drug Possession
  • Boating While Intoxicated
  • Flying While Intoxicated
  • Driving while Intoxicated
  • Intoxicated Manslaughter
  • Minor in Possession

Related legal pages for more information: Attorney Michael Lowe of Dallas, TX. Serving all of Texas.

posted by Admin on Dec 17

Car accidents are one of the leading causes of death in the United States.  Thousands of lives are claimed in the United States every year.  There are also numerous injuries that alter people’s lives.  Victims and their families endure a tremendous amount of suffering, emotional trauma, loss of wages, property damage, and medical expenses.

Accidents can occur due to mechanical issues, weather, recklessness, driving under the influence of substances, and more.  Consequences are usually lifelong.  This is if the victim actually survives.  One day a person is fine going about their business, the next minute their life and ability to function have been changed forever.  This can be very hard to take for the victim and their family.  They deserve the law on their side and an attorney to help them make the most of their case.

The driver who caused the accident has to have been negligent when operating a motor vehicle.  This is what will allow a victim to gain compensation.  This has to be proven and can be hard.  The victim’s actions play a role as well.  It does not matter that 90% of accidents are estimated to be out of negligence.

There are varying state laws that make cases more complicated.  Almost half of the states have a set of no fault liability laws.  These laws make everyone involved responsible for their own damages.  This can be challenged.  You will want to obtain an attorney to help you dispute these laws if serious injuries or damages occurred.  Other states have an at fault policy.  The responsible driver is held accountable.  This makes it much easier to recover damages than it does in a no fault state.

Legal Tools: Car Accident Attorney Kristopher Barber. Serving clients nationwide and in Dallas, Texas.

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