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How Long Do You Have to Go to a Doctor After a Pedestrian Accident Caused by an Obstructed Sign?

Personal Injury Lawyer

Traffic signs and signals provide important information to pedestrians. Do Not Walk signals protect pedestrians from oncoming traffic. Hidden Driveway signs alert pedestrians to the possibility of a vehicle unexpectedly entering their path.

Signs warning of danger may alert pedestrians to broken sidewalks, missing guardrails, or pathways that are not intended for pedestrian use. Train crossing signs tell pedestrians that railroad tracks are actually in use.

Pedestrians risk serious injury or death when they ignore warning signs. But pedestrians are sometimes injured because they cannot see a warning sign. When signs are obstructed by overgrown bushes or tree branches, they fail to serve their cautionary purpose.

The state or local government that erects a warning sign has a duty to assure that the sign is visible. That duty is fulfilled by regularly inspecting signs and trimming away foliage that might obstruct them.

Unfortunately, governments with limited budgets tend to neglect routine maintenance. As a result, signs become hidden from view. Pedestrians are injured when the government neglects its duty to assure the visibility of warning signs.

A lawyer, like a pedestrian accident lawyer from Butler Law Firm, can help injury victims recover compensation for pedestrian accidents that are caused by the government’s neglect of its duty. Talking to a lawyer immediately after an accident makes it possible for the lawyer to have pictures taken of the obstructed sign.

Going to a Doctor After a Pedestrian Accident Caused by an Obstructed Sign

A lawyer can also advise pedestrian accident victims of important deadlines. Every state has a statute of limitations that sets a deadline for settling or bringing a lawsuit for injury compensation.

A shorter notice of claim statute requires victims of government negligence to give notice of a claim that might later be filed. Failing to abide by deadlines can make it impossible to recover compensation for accident injuries.

The law sets no deadline for visiting a doctor after a pedestrian accident. It is nevertheless important to see a doctor promptly.

Pedestrians who have serious injuries will typically receive emergency or urgent care. Whether an injury is serious, however, is often a judgment call that a doctor should make. Internal bleeding can be fatal but it does not always cause immediate or intense pain. The same is true of brain swelling after a blow to the head.

Accident victims sometimes try to live with an injury, only to find that their condition worsens. Damage to muscles, ligaments, and tendons might not heal if the pedestrian tries to resume normal activities. In fact, those injuries might become more serious if they are not treated. An injury that might be treated with rest or immobilization of a joint could eventually require surgical repair if the injury is ignored.

Settlement Benefits of Seeing a Doctor After a Pedestrian Accident Caused by an Obstructed Sign

When a pedestrian brings a claim against the government for injuries caused by an obstructed sign, the government will scour the pedestrian’s medical records for evidence it can use to deny or minimize the payment of compensation. Any delay in seeing a doctor will be viewed as proof that the injuries were caused by an event that occurred just before treatment began. 

Failing to follow through on treatment recommendations is also viewed with suspicion. The government will argue that the accident victim stopped treating because the injuries healed. Any later treatment will be attributed to a new and unrelated injury.

The government’s suspicions do not need to be true. The mere fact that a jury might believe them reduces the settlement value of the injury claim. To protect the opportunity to receive full value for accident injuries, it is important to see a doctor immediately and to follow the doctor’s instructions faithfully until discharged from treatment.

Where Does Compensation Come From If the At-Fault Driver Is Uninsured?

When you sustain injuries in a car accident that wasn’t your fault, you typically file a claim with the at-fault party’s insurance provider to receive compensation. If that individual doesn’t have proper car insurance, you may begin to wonder how you’re going to pay your bills. Fortunately, you may have a trick up your sleeve without even realizing it.

Uninsured Motorist Coverage

If you are properly insured, your insurance policy probably includes underinsured or uninsured motorist coverage. For many policies, the insurance provider will require the uninsured motorist coverage be no more than the amount of liability the individual carries, though it is different based on the insurance provider. You will have to file a claim with your insurance provider, and you won’t receive compensation every time. There are certain factors your insurance provider will take a look at to determine whether you qualify for coverage.

Collision Coverage

Your own auto insurance should also contain something called collision coverage. This is a benefit that compensates you for car repairs, but not for any bodily injuries. If the cars don’t actually collide, you may not be able to collect any compensation. For example, if a truck loses its muffler, and it bounces off the freeway and into your windshield, the two cars wouldn’t have collided, and you may not be eligible for collision coverage.

A Personal Injury Lawsuit

If the at-fault party isn’t insured, you may be able to receive compensation by suing the person for personal injury. There are other damages you may be able to collect as well, such as lost wages, pain and suffering, and punitive damages. Your lawyer can help you put a case together, file the lawsuit and fight it in court. Keep in mind, if the at-fault driver isn’t properly insured, he or she may not have any assets that would fund your settlement. Even if you win the lawsuit, you may not ever see any compensation from it.

Contacting a Lawyer to Assist in Your Case

Car accidents often come with a host of issues that are difficult to handle. If the at-fault driver doesn’t have insurance coverage, the situation could get more complicated. If you were injured in an accident caused by an uninsured motorist, you may be able to receive compensation through your own insurance coverage or through a lawsuit. Contact a lawyer, like an auto accident lawyer in Trenton, NJ from Davis & Brusca, LLC, to assist you in making a case for compensation.

Common DUI Questions Answered

DWI Lawyer

Any time a person drives under the influence of alcohol or drugs, they can face a DUI charge. This is a serious matter that can have a lot of implications for your life, so if you’re facing a DUI, contact a lawyer, like a DUI lawyer from Richard J. Banta, P.C., for immediate help.

Your attorney will be there to address your concerns and guide you through the legal process, but here are some answers to common questions people facing a DUI ask.

How do police identify people driving under the influence?

Police officers are trained to notice specific driving behaviors that might indicate a driver is under the influence of alcohol or drugs. These include swerving, weaving, making very wide turns, driving far under the speed limit, braking or speeding up erratically, and responding slowly to traffic signals. Sobriety checkpoints are another tool police officers use, and they are common during holidays and at large events, such as the Fourth of July and during the Super Bowl.

Can I refuse to take a field sobriety test?

You do have the right to refuse to take roadside sobriety tests, which are highly subjective and largely designed to give police officers probable cause–a valid reason–to arrest you. You also don’t have to and shouldn’t answer the officer’s questions about how much you’ve had to drink and whether you’ve taken any drugs.

Can I refuse a blood test or Breathalyzer?

You technically can refuse to take a blood test or Breathalyzer, but there are penalties for that refusal. If you don’t comply, your license will immediately be suspended in accordance with Colorado law. You will also face increased penalties from the DMV: a longer time without your license and a longer term with an interlock device for your car, which you will have to blow into each time you drive to start the vehicle.

Unlike field sobriety tests, chemical sobriety tests are not subjective and will determine your blood-alcohol concentration (BAC). Ultimately, whether to take one will be up to you. Unfortunately, you do not have the right to speak with a DUI lawyer before submitting to a chemical test for DUI.

How much does a DUI cost?

According to Alcohol.org, the average cost of a DUI is between $10,000 and $25,000 (https://www.alcohol.org/dui/financial-cost/). Cost varies depending on many factors, including what type of charges you are facing, where you live, and your auto insurance; premiums go up after a DUI. Your attorney will try to help you keep the cost of your DUI down, but it will depend on the facts of your case.

When should I contact a DUI attorney?

It’s wise to contact an attorney as soon as you can after you are charged with a DUI. Being convicted can impact your work and personal lives in several ways, so you will need assistance immediately. Your attorney will be able to take steps to help you right away, such as working on getting you a conditional license so you can still drive to work.

Parenting a Special Needs Child During COVID-19

Parenting any child during the COVID-19 pandemic has proven to be a challenge, especially for those parents who are working full time from home. Across Texas, Governor Abbott closed all schools for the remainder of the year. So where does that leave the kids across the state as far as education is concerned? Homeschooled by a parent who is already stressed, low patience, and exhausted. However, the schools and teachers are still able to provide a lesson plan and assist with the students learning, right? Actually, wrong — for a good portion of parents and students.  

The Struggles

Special needs students with Individualized Educational Plans are not being supported. Arlington Independent School District sent out a standard letter to all parents of special needs students that said, essentially, that they are trying, and to please be patient. They will figure out how to help students learn when they have time. So now, not only are some parents working from home full time with a house full of kids, they are also having to figure out what their child knows and what they do not, finding the material to utilize, and the resources necessary to teach their child to the best of their ability. This is a full-time job in itself. Many parents are in the position where they are having to decide between their child’s education or a roof over their head. 

Not only are those parents of the special needs children having to figure out education, they are also having to figure out how to get their child the therapy that is needed. For example, an autistic child who is normally in physical, occupational, speech, and applied behavior analysis therapies and is able to get the services they need to function, is not faced with a tremendous amount of pent up aggression and inability to fully understand and comprehend their emotions. They have gone from getting the interaction that is so important to their well-being to getting little to none, in a matter of days. This is causing an increase of the anxiety and self-harming behaviors that ultimately lead to more severe behavioral concerns and even tragedy.

Now, after being closed for about a month, part of Texas is beginning to open back up. But for parents of a child with special needs, that does not mean much. The inability of your child to understand the magnitude of this virus makes it even scarier as a parent. Knowing your child will disregard all “social distancing” and putting everything they see in their mouth, can cause anxiety like you have never experienced. One wrong move, and your child’s and family’s health could be in danger. So, the best option of staying at home even longer, means more aggression and pent-up anxiety in your child. 

Be Kind to Others

COVID-19 does not care what your reasons are for needing a break and a little normalcy in your life. Staying home is difficult in the country as a whole, but for those who have an extra special kid at home, it is more exhausting than you may realize. You do not always know what someone is going through at home. Be nice to one another, be kind, and give love as much as possible. 

If you need any kind of help during this time, don’t hesitate to contact a family lawyer, like a family lawyer in Arlington, TX, today. 

Thanks to Brandy Austin Law Firm for their insight into parenting a special needs child during the COVID-19 pandemic. 

Report on Nursing Home Abuse

The increase in nursing home abuse in the United States is very disturbing. What is even more alarming is that more than 25 percent of serious cases of nursing home abuse are never reported to the authorities. This is according to the federal government’s own study of the problem.

The Investigation
In 2017, the Office of Inspector General (OIG) in the Department of Health and Human Services conducted an audit to determine how many Medicaid recipients who lived in nursing homes were potential victims of nursing home abuse and neglect. As part of their investigation, the OIG examined data of the emergency room records of nursing home residents who were covered by Medicaid. Investigators used these records to try to identify which emergency room visits were the result of abuse or neglect.

Investigators identified 134 emergency room visits spread out through 33 states that were potentially caused by nursing home abuse. In 38 of those incidents, there was no record that law enforcement or any other protective agency was notified of the potential abuse. Federal law requires that if any nursing home resident sustains a serious injury and abuse or neglect is suspected, the incident is supposed to be reported to authorities within two hours. If there is no injury present but abuse or neglect is still suspected, the incident is supposed to be reported to authorities within 24 hours.

Federal Reporting Mandate
This federal reporting mandate has been in place for several years. The penalty for failing to report abuse includes fines of up to $300,000. The federal agency in charge of oversight and enforcement of the law is the Centers for Medicare and Medicaid Services (CMS). Yet, the OIG investigation found that this agency was not given property authority to enforce this regulation.

Contact a Nursing Home Abuse Attorney
While this investigation may only seem to be a small window into the number of nursing home residents in this country, it actually provides accurate insight into the number of nursing home abuse victims there are. Multiple studies have concluded the same problem. A study by the National Research Council found that only one in 14 cases of elder abuse gets reported. Another study by the Associated Press found that in one year, almost 7,000 cases of nursing home abuse and neglect were never reported to police.

Nursing home abuse is often unreported because victims are afraid of what will happen if they do file a report. They are often threatened by their abusers that something will happen to them or their loved ones. If you suspect your elderly loved one has been a victim of abuse or neglect, contact a lawyer, like a nursing home lawyer from Darrell Castle and Associates, PLLC, for assistance. 

Criminal Law and Shoplifting

Criminal Law and Shoplifting

People shoplift for many reasons, many children and teens do it to seem cooler or simply because they want to. There are adults who do it because of the same reason, or because of a financial burden. Either way shoplifting is illegal no matter what your situation is at the time.

Every store, city, or state have their own rules and regulations when it comes to punishment for shoplifting. There are some cases where an individual may get away with it and simply be prohibited to shop at that business again. There are other narratives where an individual will be placed under arrest. While these temporary satisfactions or sometimes urgent matters occur, the most obvious thing is that if you are shoplifting jail is the last place you want to be. Even more so, an attorney is the last thing you would like to pay for to assist you with avoiding jail time.

Shoplifting is so common that businesses and their employees are trained to look out for a specific activity in their facilities. Many people place items under grocery carts and scan items on the inside of the car hoping that no one notices the items on the bottom. Some people place items in their bags or their clothing and try to leave the store without being seen or searched. Most stores have sensors in the entrances and exits that help them determine what item was not properly scanned or purchased.

Shoplifting charges vary from state to state, so their punishment also varies. In most cases, depending on the item that was stolen shoplifting is seen as a misdemeanor. Misdemeanors are punishable for up to a year in jail. This means a year away from your regular life, family, job, or anything else.

No matter what the circumstances jail can be very inconvenient to anyone. At the very least, if you or someone you know has been arrested for shoplifting charge it is very unlikely that they were prepared to deal with police or other law enforcement, and were hoping not to face jail time or deal with attorney’s fees. The first choice is to avoid shoplifting entirely. Should you or your loved one be charged with shoplifting, be sure to contact a criminal defense attorney in Atlanta, GA to see what your legal options are. No matter the facts, having the proper defense helps you receive the best outcome in this situation.

Thanks to The Lynch Law Group for their insight into criminal law and shoplifting.

Comparative Negligence 

Personal Injury Lawyer

It’s been about two weeks since you’ve been involved in an accident and now the insurance companies are saying that you are partially at fault for the accident. How is it determined when you are at partial fault? Are you able to even receive compensation for your medical bills? Contact a car wreck lawyer, like a car wreck lawyer in Arlington, TX, if you need representation. 

Liability

Determining by law who was the negligent party in the accident and responsible for the damage is important. The individual who caused the accident is often responsible. All insurance companies that represent parties in an accident should be made aware of the accident and from there will help to gather information for investigating liability.

How is liability determined if you were deemed partially at fault for the accident?

If one person was more careless than another, then the majority of fault would lie on them. This does not mean that the person who was maybe to a lesser degree liable but still injured, will get full compensation for all medical bills. This will just be broken up into a percentage of what each negligent person is responsible for. If a person is in an accident at work and the accident is caused by a negligent party, the employer would be the liable party. What if the injured party was in a location that they were not supposed to be at? The individual who is at fault may not be liable for the accident since the injured party was in a place that was not authorized for them to be there. Did the defendant owe the plaintiff duty to care and fail to do so? The injured party would not be held at fault. 

Comparative Negligence

This is a law that was put into place to help determine the responsibilities for damages that occurred by every negligent person in the accident. This means that more than one person was at fault and the parties who are at fault will need to come to an agreement amongst themselves to compensate the non-negligent parties.

Depending on where you live, you may be able to recover damages for any amount of liability in an accident. In a lot of states there are restrictions that will not allow you to recover if you are over fifty percent liable for the accident, and even more strict states only allow compensation if you are only deemed “slightly” at fault for the accident. If a partially at fault person has $10,000 in damages but was found 50% at fault, he or she would only get a 50% recovery in the damages equalling $5,000.

There is no linear way to come to an agreement on comparative negligence. This will be determined through conversations with an attorney or through an insurance company and any investigative measures that are taken to gather more information. 

 


 

Thanks to Brandy Austin Law Firm, PLLC for their insight into what comparative negligence is and how liability is determined in an accident. 

What are Chapter 7 Bankruptcy Benefits?

Many people think of bankruptcy as a signal of failure. In reality, you’re recognizing that it’s time to make a change. That’s admirable and the right mindset as you begin to get your financial life in order.

Chapter 7 bankruptcy protection gives individuals a fresh start. It’s important that you work with a skilled and experienced bankruptcy lawyer to help ensure your filing is accurate.

What is Chapter 7 Bankruptcy?

People usually refer to chapter 7 bankruptcy protection as a clean slate. This is the case because, if approved, the court wipes all of your unsecured debts clean. When you are way behind on bills and cannot make even your minimum monthly payments, Chapter 7 might be a good option for you.

Will I Give up any Possessions?

You might have to, yes. Under Chapter 7, your debts are completely wiped out and discharged. However, you may have to give up some of your possessions to complete your Chapter 7. This happens because the bankruptcy trustee will sell some of your assets to pay back some of your creditors.

When you file Chapter 7, the court will appoint a trustee to your case. They will review your finances and sell certain items to pay your creditors. Some property will be exempt and the trustee will not be able to sell it to pay your debts. But be prepared to give up many items in an effort to reduce the amount you owe to your creditors.

What are Property Exemptions?

Every state provides different types of exemptions to bankruptcy. Generally, you can expect to keep the possessions that allow you to go about your day to day life. These may include:

  • Your home
  • Your car (up to a certain amount)
  • Furniture
  • Appliances
  • Medical supplies
  • Retirement accounts

You may also be able to retain family heirlooms in certain circumstances. To know for sure what is and is not exempt for your bankruptcy, speak with a trusted bankruptcy attorney today.

What Debts go Away Under Chapter 7?

The bankruptcy trustee will sell many of your items to reduce the amount of debt you owe. Most debt comes in the form of credit cards, medical bills, and other unsecured personal loans.

But there are some debts that cannot be discharged under Chapter 7 bankruptcy protection. These include:

  • Alimony
  • Child support
  • Student loans
  • Some tax debt
  • Court fees

How Long Does Bankruptcy Stay with Me?

When you file bankruptcy, you must know your financial life is changing. Filing bankruptcy is not giving up, however, it’s simply starting over.

But it might take some time before you can secure credit again for major purchases like homes or cars. When you file Chapter 7 bankruptcy, that will stay on your credit report for 10 years. Chapter 13 bankruptcy stays on your credit report for 7 years.

Don’t let this time scare you. The sooner you determine which path is right for you, the sooner you can start the clock and get back to your financial well being.

An Attorney Can Provide You the Guidance You Need

We can answer all of the questions above and the countless others you may have. Do not settle for a one size fits all solution. We provide you with a bankruptcy protection path that is unique to your situation. Contact a bankruptcy attorney, like a Bankruptcy Law Firm Memphis, TN,  today to get started.

Thank you to the experts at Darrell Castle & Associates for their input into bankruptcy law.

Wrongful Death Cases and College Students

Personal Injury Lawyer

When you send a child off to college, you’ll probably have many worries and anxieties. You’ll be concerned about how your son or daughter will cope with life on his or her own. You may stress out over how your loved one will fare with coursework and with the added burden of more responsibility. One thing you shouldn’t have to fear is whether your child is at risk of dying. If someone close to you dies while on a college campus, many factors could have caused the incident. If you suspect administrators at the school are to blame, you should speak with a personal injury lawyer in Trenton, NJ.

Types of Wrongful Death Claims on a College Campus

Like anywhere else, accidents can happen on campus. Before you get too serious about filing a lawsuit, it will be helpful to understand which scenarios may implicate the school itself. If your loved dies because of structural or mechanical failure in a building, you may be able to prove that school officials knew of such conditions but didn’t do anything about them. Another example may be if campus police of security failed to respond to a complaint or tip about suspicious activity on campus. If this oversight led to your loved one’s death at the hands of someone else, a wrongful death lawsuit may be valid. You may also sue if your lawyer determines the school had insufficient safety protocol in the event of an emergency. Or, you could file a lawsuit if your child died after exposure to a chemical or material in class, and the school didn’t provide the essential equipment.

Determining Fault

To successfully win a wrongful death lawsuit, the burden of proof is on you and your attorney to show that the school is liable for the loved one’s passing. Your lawyer will work to show that school officials acted with negligence through poor judgment or wrongdoing. You may even find that college officials deliberately covered up facts or intended to bring harm to your loved one.

Damages to Recover

In your lawsuit, you will seek damages for medical bills. Those costs may fall upon you as a surviving family member. You can sue for damages to pay for hospital stays, medication, surgeries and medical equipment. Your damages may also include wages your loved one lost or the pain and suffering you have felt due to this loss. You may even seek punitive damages, which would punish the school administrators for their actions or inactions.

A wrongful death lawsuit is a serious complaint. Your lawyer will make sure you pursue this correctly and get the help you need.

 


 

Thanks to Davis & Brusca for their insight into personal injury claims and wrongful death claims involving college students.

What Can I Do If I or a Loved One Was Involved in an Accident Where a Jeep Cherokee Caught Fire?

Auto Accident Lawyer

Chrysler Corporation (now known as Fiat Chrysler Automobiles or FCA) is a leading example of what happens when a big business puts profits before people. Chrysler manufactured Jeep Cherokees in model years 1993 to 2001 that are prone to catching on fire and exploding in rear-end collisions. Rather than acknowledging the product’s design flaws, Chrysler (and now FCA) consistently denied that the vehicle places anyone at risk.

Experience tells a different story. Chrysler mounted a plastic gas tank between the real wheels on the Cherokee and some other Jeep models. It soon became clear that a rear-end collision could cause the fuel tank to rupture, causing gasoline to ignite.

A typical rear-end collision causes a neck injury. At higher speeds, it may cause broken bones and other significant injuries. But rear-end crashes do not usually cause fires. Jeep owners have suffered serious burn injuries from routine rear-end collisions. Dozens of Jeep owners have died because their vehicles became engulfed in flames.

For years, FCA resisted efforts to recall its dangerous product. It finally negotiated a sweetheart deal with industry regulators that allowed it to recall any of the affected models it could find, but only to install a trailer hitch. While FCA claimed that the trailer hitch would provide additional protection in a rear-end collision, it can actually be pushed into the gas tank, making it more likely to rupture.

Getting Medical Care for Injuries Caused by a Jeep Cherokee that Catches on Fire

Obtaining medical treatment is the first priority of any injury victim who survives an accident that causes a Jeep Cherokee to catch on fire. Burn victims are typically transported by ambulance to a hospital or medical center for life-saving treatment. After that, they may need to depend on their insurance coverage or a publicly funded medical benefits program to continue their treatment.

Burn treatment is often prolonged and costly. The failure to continue treating burn injuries can lead to a deadly infection. Injury victims should do whatever they can to assure that they obtain the treatment they need.

When victims of serious injuries have difficulty finding the medical care they need, a personal injury lawyer may be able to recommend doctors who can help. Some doctors are willing to accept a lien against the payment of injury compensation. A few treatment facilities may be in a position to provide charitable care. Regardless of how it is funded, following a doctor’s treatment advice is the key to making the best possible recovery from burn injuries.

Preserving Evidence After a Jeep Cherokee Catches on Fire

Bringing a claim against FCA will require proof that the defective gas tank design contributed to the Jeep fire. To obtain that evidence, an expert engineer will need to inspect the remains of the Jeep Cherokee.

While the vehicle will usually be a total loss after a fire, it is important not to sell it for salvage or to surrender it to an insurance company. Failure to preserve the vehicle in its post-accident condition makes it difficult to find the evidence a Jeep fire lawyer will need to prove how the fire started.

Just as importantly, FCA has a right to have its experts inspect the vehicle. Failing to preserve the vehicle will deprive FCA of that right. Courts can invoke a legal doctrine known as spoliation of evidence when injury victims do not preserve evidence that might establish the cause of their injuries. A court might allow the jury to assume that you destroyed or abandoned the Jeep because you thought it would help FCA defeat your claim for compensation. Never take any action with regard to the Jeep until you obtain advice from a car accident lawyer in Jonesboro, GA.

 


 

Thanks to Butler Law Firm for their insight into personal injury claims and truck accidents caused by a pothole.