Category Archives: Uncategorized

Premises Liability And Movie Theaters

Many people enjoy going to the movies once in a while, to eat some snacks and check out a new movie. Going to a theater is supposed to be a pleasant experience, not one in which a serious injury occurs. However, inside the viewing rooms, the entire space has to get dark to show the film. This makes it more difficult to see any hazards that could be in your walking path. Also, the theater will have a snack and refreshment area that can have spills and create slick patches on the floor. The food preparation process can lead to slip and fall hazards at the concession stands as well.

The property owner of a movie theater is responsible for keeping the premises safe. They may be liable for visitors who are injured because of a wet floor or other factors. As an Atlanta, GA premises liability lawyer can explain, visitors may have a claim against the property owner if there was a dangerous condition that went unattended to or not fixed completely, the owner was aware or should have known about the hazard, and/or the owner did not repair or post enough warnings.

Here’s a real life example of how a slip and fall could occur at a movie theater. Let’s say that an employee was picking up trash and tidying in a theater, but hadn’t looked out for spills to mop up after the first showing of a movie. Once the previews for the next show started, the theater lights dimmed and new theater-goers started to enter and find their preferred seats. But a leak coming from the ceiling went unnoticed by both the staff member and guests, which led to a patron slipping and falling on the stairs, resulting in a broken hip. The movie theater owner may then liable, as the team at Council & Associates, LLC can attest, because the facts presented in this example satisfy the requirements needed to establish liability:

  1. A condition that was dangerous to theater-goers went unattended to (the ceiling leak which caused a puddle to form on the stairs below).
  2. The owner should have ensured safety by noticing and addressing the ceiling leak, which posed a danger to visitors.
  3. The owner failed to properly fix or post warnings about the ceiling leak, which led to a patron getting seriously injured and needing medical attention.

Each slip and fall case is different, and can happen virtually anywhere. These types of accidents are categorized under personal injury law, which means that another party is responsible for what happened. So everyday people suddenly become victims in the situation, where they have to nurse injuries they wouldn’t have had otherwise. By pursuing compensation from the property owner or other at-fault party, victims can get proper medical care, repayment for lost wages from missing work, and other ways their life has been impacted by the accident.

If you are someone that was in a slip and fall accident, even if it wasn’t at a movie theater, it’s wise to consider what your options are in receiving financial compensation for what you endured. The last thing anyone deserves when going out for some fun at a movie theater is sustaining a serious injury because a puddle or other hazard went unattended to.

Brain Injuries & How They Can Occur - Close-up of doctor's hand

Brain Injuries & How They Can Occur

Brain Injury Lawyer

Brain injuries are a serious form of injury. The brain is one of if not the most important parts of the human body. When our brains aren’t operating correctly then we as human beings aren’t operating correctly. Brain injuries can happen for a variety of different reasons, under many different circumstances. If this injury occurred to someone due to negligent actions by someone else, then a lawsuit may be brought against the perpetrator to try to hold them accountable for their negative actions by getting the victim compensation and other benefits for the injury. It’s important to take these injuries seriously and to visit a doctor if it is thought that you or someone else has received a brain injury. 

How Brain Injuries Occur

Brain injuries can happen to anyone in a number of ways. One of the most common types of accidents that result in brain injuries is from an automobile or other type of vehicle accident. Car accidents are a leading cause of personal injury cases in the United States. When these accidents are severe enough and cause injuries severe enough to injure someone’s brain, it’s critical to hold the guilty party accountable for their heinous actions. Victims of an accident shouldn’t be left to pay for their own medical bills when someone else has caused them to suffer through agony, pain, and property damage. Another way that someone a person can get a brain injury is from a workplace accident. Workplace accidents can happen in any industry but it is especially common for severe accidents and injuries to happen in industries such as manufacturing and construction. That is because these two industries operate dangerous and heavy equipment. If someone fails to operate this equipment securely and safely or someone fails to follow proper safety protocol, the results can be disastrous and the victim may even wind up with a brain or spinal injury that alters them for life.

Compensation in a Brain Injury Case

While compensation can’t mend wounds or restore functions in certain parts of the body, like the brain, it can work to make people financially whole again. When it comes to brain injuries and other personal injury cases there can be compensation for many different aspects of their injury- not just for medical bills. Things such as lost wages from work may be compensated if the brain injury victim had to miss work due to their injury. Stays at the hospital, visits to a doctor, sessions of therapy, and pain and suffering payments, are all things that may be compensated in a personal injury case.

Help From the Professionals

Professionals are available to deal with these types of cases. A Metairie, LA brain injury lawyer from a firm such as The Law Offices of Frank D’Amico, Jr. can be of assistance. Lawyers like the ones at this firm have ample experience in helping clients receive compensation for their injuries. It’s important to turn to someone who has experience and knowledge in order to have a greater chance of success in a brain injury or other personal injury type of case.

Common Mistakes To Avoid After A Wrongful Death - Facade of french Court House

Common Mistakes To Avoid After A Wrongful Death

Wrongful Death Lawyer

Losing a loved one is always difficult. It can be even more devastating when that death resulted from someone else’s negligence. If your family member was killed due to another party’s carelessness, you have every right to feel angry and upset. It is important to speak with a Tulsa, OK wrongful death attorney about filing a wrongful death claim.

As a top-rated personal injury lawyer from Wandres Law, P.C. explains, these are common mistakes to avoid after a tragic wrongful death.

Waiting Too Long to Pursue a Wrongful Death Claim

Nothing can make up for the loss of your loved one, but filing a wrongful death claim can help you recover some of the financial losses that resulted from the death. However, in order to receive that compensation, you have to file the claim on time. In Oklahoma, the statute of limitations to file a wrongful death claim is just two years after the person’s death. After that deadline has passed, you are no longer eligible for compensation. Although you can take time to grieve, be aware of the statute of limitations.

Fighting with Family Members

Losing a loved one due to wrongful death is bound to bring tension to the family. However, it is important to remain calm and not fight with each other. Although you may have some disagreements, constant bickering will just put more stress on everyone else. Try to see each other’s point of view and focus on recovery.

Letting Several Family Members Speak to the Insurance Company

After a wrongful death, the at-fault party’s insurance company may try to contact your family. It is best to have just one family member communicate with the insurance company. Otherwise, the insurance adjusters may try to get you to contradict one another, which can hurt your case.

Making a Public Statement 

If your family member’s wrongful death was big news, media outlets may right out to you and ask you to provide a statement. While you may want to speak out about your loved one’s death, it is not in your best interest to do so. What you say to the media can be used against you in the future. That is why it is best to say nothing at all.

Not Hiring an Attorney

A wrongful death claim is not something that you want to pursue on your own. Filing a claim can be quite complicated and stressful, especially when you’re still grieving over your family member’s death. That is why it is in your best interest to work with a Tulsa, OK wrongful death lawyer. He or she will know the true value of your case and help you go after the compensation you deserve. Your attorney will handle all the legwork so that you can focus on healing from the tragic event. Most wrongful death attorneys work on a contingency basis, so you don’t have to worry about owing any money upfront.

Schedule a meeting with a wrongful death attorney today to talk about your case.

Worker's Compensation

Workers’ Compensation Claims During Travel

Workers’ Compensation Claims During Travel

Injuries during working hours can be devastating, especially when a person works a dangerous job like construction or utility line workers. Rather than deal with the numerous lawsuits between employers and employees that would arise from these sorts of injuries, states enacted workers’ compensation laws. These laws set up a system of workers’ compensation insurance that employers pay into. Then, if the employee is harmed on the job, they can file a claim against their employer’s insurance to cover their injury. However, this raises a new question: exactly what does it mean to be injured on the job? After all, numerous employees travel for work, so an injury that happens while traveling may be covered.

Qualifying for Workers’ Compensation

To understand whether an injury that happens during travel qualifies for workers’ compensation it is helpful to first understand the baseline for qualification. Workers’ compensation is available to employees who suffer injuries in the course of their employment because of some risk that their employment created. This standard breaks down into two parts: (1) “Did the injury occur in the course of the employment?” And (2) “Was the injury a result of a risk that the job created?”

The answers to both of those questions depend greatly on the type of job in question. For instance, a person whose job requires a lot of data entry may develop carpal tunnel as a result of their job and the risk that was created by constant typing. Conversely, someone who does not type or work with their hands, but spends their evenings on the computer, may also develop the same injury but not be covered because the risk of carpal tunnel had nothing to do with their work.

Injuries while Traveling

Whether an injury that happened while traveling qualifies for workers’ compensation will also depend on the duties of the specific job. The law covers injuries that occur during travel if the injury occurs while the employee is “actively engaged in the duties of employment.” In order to qualify as being actively engaged in the duties of employment, the travel must be required by the employer and the employer must be compensating the employee for the travel. If both these criteria are met, then the employee may be able to succeed on a workers’ compensation claim for the injury.

Importantly, there is a special exception to this rule for injuries that happen during an ordinary daily commute. Those sorts of injuries are explicitly not covered by workers’ compensation insurance.

Injuries on the job can be severe and life-altering. If you have recently suffered an injury that is work-related, make sure to contact a workers’ comp lawyer who can help ensure that you get the medical benefits and the wage benefits you are entitled to.

Thank you to our friends and contributors at Hurwitz, Whitcher & Molloy, LLP for their insight into how a NY workers comp lawyer can help.

Steps To Take After A Rideshare Crash - Online ride sharing and carpool mobile application. Rideshare ta

Steps To Take After A Rideshare Crash

Rideshare Accident Lawyer 

If you have recently been injured in a rideshare accident, there are several steps you should take to protect your interests and your legal rights.

  1. Seek medical attention. Do not wait to see if your injuries will heal on their own – many times, injuries from car accidents do not heal properly and can lead to long-term health problems.
  1. Contact an attorney. You should speak to an attorney as soon as possible after a rideshare accident. An attorney can help you file a lawsuit against the driver and/or the rideshare company and can help you get the compensation you deserve as a result of the harm you’ve suffered.
  1. Gather evidence. The more evidence you have that speaks to the fault of parties other than yourself, the stronger your case will be. Make sure to gather all of the following, if possible:
  • The name and contact information of any witnesses
  • Photos and video of the accident scene
  • The driver’s insurance information
  • The driver’s license number
  • A police report
  1. Keep a diary. Keep track of all of your medical expenses and other losses related to the accident. This will help you when you speak to an attorney about how much money you

may be entitled to receive as a compensatory damages award. Although an Orange County rideshare accident lawyer – including those who practice at JSM Injury Firm APC – are skilled at accurately calculating damage awards, it never hurts to keep track of your own losses so that you can report them to your attorney whenever new costs arise. 

A rideshare accident is distinct when compared to most other car accidents, which is one of the reasons why you’ll want to speak with an attorney who has extensive experience managing rideshare accident cases specifically. Rideshare accidents are often more complicated to litigate than “ordinary” car accidents. This is because there are typically multiple insurance companies involved and the rideshare company may try to deny responsibility for the accident.

In a rideshare accident scenario, the driver is typically held legally and financially liable for harm that affects the passengers in their car. However, in some cases, the rideshare company may also be held liable for the accident. This usually occurs when a rideshare company fails to properly screen the driver or does not provide adequate safety measures for passengers. 

Initiating A Wrongful Death Lawsuit

Wrongful death is caused when someone’s harmful or negligent behavior takes the life of someone else. A spouse, child, parent, or other dependent of the deceased can file a wrongful death lawsuit, which makes it possible for them to recover restitution and hold the at-fault party responsible for the death. Wrongful death can be caused by malicious intent or negligence. The most common ways that wrongful death happens is due to car accidents, medical malpractice, defective products, workplace accidents, and pedestrian accidents. There are many other ways that someone’s life may be wrongfully taken, but those are among the most prevalent.

When you file a lawsuit for wrongful death, you are essentially suing the at-fault party for financial compensation and damages. Your lawyer can assess your case, like a wrongful death lawyer Chicago, IL families trust at Dave Albo, and help you determine what costs you may be able to collect. The following factors are often considered when wrongful death settlements are being awarded:

  • Pain and suffering of deceased before death
  • Loss of inheritance and financial contributions
  • Burial expenses
  • Loss of companionship
  • Burial expenses
  • Medical costs related to deceased’s illness or injury

When meeting with your lawyer, it can be helpful to obtain medical bill documentation, funeral record expenses, loss of income for the household, police report for the accident (if there is one), and anything else that feels relevant to the case.  After reviewing evidence and documentation, your lawyer can determine how much in damages the at-fault party owes you and your family. The damages are going to vary from case to case depending on the contributing factors and consequences of the accident. The only way to know for sure how much you may receive in a wrongful death lawsuit is to meet with the lawyer who can provide you with a consultation.

Before filing a lawsuit, there is some information that families must know. Firstly, a representative of the deceased must initiate the lawsuit. The family members who are able to serve as a representative will vary based on laws for that state. The court may choose to appoint a personal representative. And there is a statute of limitations for how long the family has to file legal action. Usually, a parent, spouse, or children have a few years from the time of death to file a lawsuit.

Furthermore, because of how complex and emotionally charged wrongful death cases are, it’s important to hire a lawyer who has years of professional experience in dealing with these types of cases. If you choose to pursue a case for wrongful death, the next step is to get a lawyer. Only then can the surviving family understand their options and how to move forward if they choose to seek justice from the party at-fault for their loved one’s life taken too soon.

Rideshare Insurance Coverage

Being in any kind of motor vehicle collision can be a terrifying experience. After an accident as a rideshare passenger, you probably have questions about what your rights and options are moving forward. You may be asking yourself whether you can sue Lyft or Uber, who should be liable for your medical bills and other damages, and if you will need a lawyer during this process. It is a good rule of thumb to consider speaking with a lawyer after a personal injury accident, particularly if there is an individual or other party at-fault and the victim suffered quantifiable damages. 

Uber and Lyft offer insurance coverage for collisions caused by their drivers, however, this may only come into effect when the at-fault driver’s insurance policy has been completely exhausted. Furthermore, the factors of the accident will determine the amount of coverage, and what type of coverage, is available to accident victims. Additionally, it’s important to know that rideshare companies do not categorize their drivers as actual employees, but instead as independent contractors. This means that there is more legal ability to avoid liability in the event of an accident. 

An injured rideshare driver will have to submit a claim with their owner insurance company. If that driver does not have a policy for rideshare endorsement, then the claim may be denied, since the driver was operating the car commercially when the incident occurred, therefore voiding the benefits their coverage offers. 

Both Lyft and Uber provide coverage for those hurt in an accident, including occupants in other vehicles, motorcyclists, passengers, bicyclists, pedestrians, and more. As a rideshare accident lawyer Altamonte Springs, FL victims depend on from Presser Law, P.A. explains, if you were in a rideshare accident, the rideshare company may provide you compensation such as:

  • Up to $30,000 in damage to property per accident (if the driver had the app turned on but did not accept a ride).
  • Up to $50,000 in bodily injury per victim, and up to $100,000 in bodily injury per incident (if the driver had the app turned on but not accepted a ride).
  • Up to $1 million in property damage, bodily injury, and death (if the driver had the app turned on and accepted ride, whether passenger was present or not).

But as you can see in the list above, rideshare companies may have coverage that can be used, but there are strict details for when this can be offered to victims. Rideshare companies often work hard to separate themselves from collisions so that they can avoid liability at all costs. It isn’t uncommon for victims of accidents to contact Uber or Lyft about receiving compensation, only to get no response. This is why many rideshare accident victims have to hire a legal team, as a lawyer knows how to intervene so that the companies not only respond, but are cooperative. 

 

What You Need In A Car Accident Lawyer

When you are making the decision to fight for compensation for your car accident claim, you want to know you are doing so with the right legal team behind you. Finding a lawyer for a car accident claim is not as easy as it should be. Many people think they can search for a car accident lawyer online and just pick the top couple of names to sift through to determine who they should use. However, it is important that you find someone who is not only good at their job but works well with you. If you are missing one of these factors, it may not be the right fit and you may not end up being as successful with your claim as you could have. Find out more if you are interested in learning about how a car accident lawyer can benefit you and what you need to look for. 

What To Look For

Never underestimate the importance of a good interview. You may feel like the lawyers you meet with will have all of the power but the truth is that it is your decision who you end up hiring to work with you. When you go in to meet with your lawyer, you will want to have a few things in mind.

  1. Do they specialize in car or automobile accidents? 
  2. What kind of fee is required?
  3. How much do you need to participate in the entire claims process?
  4. Is your attorney easy to get a hold of? Will you be able to go to them when you have questions or will you be waiting weeks for an email response?

These are just a few of the questions you should be asking as you go into your meeting. Next, you will want to look out for things like:

  • Their reputation. Are they known for being especially good at reaching a fair settlement with insurance companies? Are they known as sharks who always take their clients into the courtroom to get an answer?
  • Their overall service. Do you get a good feeling when you walk into their office? When they are holding a meeting with you, do they seem distracted or does it feel like they are focused completely on you?
  • Their practice areas. Do they have a wide variety of practice areas in their law firm? Typically, you want to work with someone who focuses on just a handful of practice areas instead of someone who appears to dabble in every area of law. 

Your lawyer, like a Charlotte, NC car accident lawyer from a law firm like Schehr Law, PLLC understands that every client’s needs will be different but that there is also a basic level of care and communication. It is important to find the law firm that fits your needs and that can work with you in a compassionate way while advocating for you with insurance companies. Do not hesitate any longer. The sooner you call your local law firm about your claim, the better peace of mind you will have. 

Assistance For A Personal Injury

Personal Injury Lawyers 

A personal injury lawyer can be a wealth of knowledge and support if someone is in the midst of a personal injury case they are struggling with or wondering about how to begin one. Personal injury lawyers understand the different aspects of personal injury law and also know about the nuances that may arise in a case. Their support and guidance that stems from their knowledge and experience can make their clients feel comfortable and confident in a case. There is a chance that insurance companies will need to be negotiated with along with other legal teams which are areas that these kinds of lawyers can offer their support. All in all these types of lawyers can offer quite a bit of assistance when it comes to navigating the complex world of personal injury law.

What Exactly is a Personal Injury?

You may be wondering what the difference is between an injury and a personal injury. There is very little difference between these two terms except that a personal injury is a legal term for an injury that happened to a person that most likely occurred from someone else’s negligence or fault. A personal injury case may receive compensation for pain and suffering, property damage, missed time from work, medical bills, and other items. It’s important to hold the guilty party accountable for the physical and mental damage they caused to a victim. No one should have to pay hospital bills, therapy session bills, suffer with pain, deal with insurance companies making lowball offers, and other stressful items alone. That’s why many people turn to these types of lawyers for assistance.

Which Injuries Could be Personal Injuries?

Personal injuries could come from many different sources under many different circumstances. One of the most common ways that someone gets injured and has a strong personal injury case is from a car accident. Car accidents happen to thousands of people each day and account for a high amount of injuries in the United States daily. Injuries in a car accident could range from a minor cut all the way to severe spinal and brain injuries, or worse, a fatality. Other injuries come from incidents that occur at a workplace like construction accidents or slip and fall accidents. Furthermore, injuries could be from domestic violence or even nursing home abuse. 

Legal Guidance 

If you are struggling to fully understand if your injury could have a legal case brought about then consider reaching out to a personal injury lawyer San Fernando Valley, CA turns to from a firm like Unidos Legales. These types of lawyers understand accident and personal injury law and can be a wealth of support and guidance throughout the case. They fight to help their clients receive fair or generous settlements for their injuries. Legal firms have helped many people receive compensation for their injuries and helped to hold the guilty party accountable for their poor and negligent actions that have left the victim in a difficult position.

 

Should You Sue For Medical Malpractice?

Should You Sue For Medical Malpractice?When patients seek medical care, they expect to have their illness or injury treated competently. Unfortunately, physicians or other health care professionals sometimes cause further injuries, complications, or even death. As a medical malpractice lawyer victims trust from the Law Office of Daniel E. Stuart, P.A. can attest, if this happens to you or a loved one, you may be able to file a medical malpractice lawsuit.

What Is Medical Malpractice?

Medical malpractice occurs when a doctor or other health care professional does not meet a reasonable standard of care, and harm comes to a patient as a result. Examples include:

  • Misdiagnosis
  • Incorrect medication prescribed
  • Incorrect treatment of medical issues
  • Improper surgical procedure
  • Delaying necessary treatment
  • Negligence

Do You Have a Viable Case?

Some patients aren’t satisfied with the outcome of their treatment or procedure, but that is not grounds for a lawsuit. Damages must be a direct result of a health care professional’s negligence. If your situation meets all of these criteria, you may be able to sue the provider. If you are considering suing for medical malpractice, overwhelming evidence must show that:

  • You were the health care professional’s patient
  • The provider was negligent 
  • This negligence caused harm
  • Specific damages occurred as a result of the negligence

Examples of damages include:

  • Mental or physical pain and suffering
  • The need for further medical care, which would not otherwise be needed
  • The inability to work, either temporarily or permanently
  • Disability

Are There Many Expenses?

Medical malpractice lawsuits can be very complicated and draining, both emotionally and financially. If you don’t win your case, you will be liable for all of these costs, which can be tens of thousands of dollars. Can you afford to lose that much money? Before deciding if you should sue, determine if you can pay out of pocket for:

  • Medical examinations
  • Copies of all relevant medical records
  • Expert testimony
  • Court costs 
  • Attorney fees

What Else Should You Consider?

 Medical malpractice laws vary. Check your state’s statutes to see:

  • How soon the lawsuit must be filed after the incident that caused damages
  • If the medical provider has to be notified before filing the lawsuit
  • If there is a cap on monetary awards 
  • The qualifications for an expert who will testify on your behalf

Likely more than one attorney will question you thoroughly, and details of your life and your finances can be made public. Are you prepared for the scrutiny? It can be challenging to win a medical malpractice case. As a lawyer from the Law Office of Daniel E. Stuart, P.A. would suggest, you must carefully weigh the potential benefits of winning against the expenses before proceeding further.