March 15, 2023
Why You Should Work With a Brain Injury Lawyer
Brain Injury Lawyer
March is Brain Injury Awareness Month. Promoted by the Brain Injury Association of America, the designation highlights the need to learn more about these potentially life-altering injuries. It’s also a reminder to consider their legal ramifications, particularly when and why you should contact a brain injury lawyer. Failing to protect your rights or accepting a lowball insurance settlement can leave you in financial distress.
If you’ve suffered a brain injury from an accident or know someone who has, you should read on.
What Is Considered A Brain Injury?
“Brain injury” is an umbrella term referring to an injury that damages part of the brain, but not all brain injuries are the same. There can be significant variations in the severity of these injuries.
Two phrases to understand are “acquired brain injury” (ABI) and “traumatic brain injury” (TBI). An acquired brain injury is one that’s not congenital (present at birth), degenerative (due to irreversible deterioration), or caused by birth trauma. This includes strokes, brain tumors, and damage from accidents, infections, or diseases.
Traumatic brain injuries are a specific type of acquired brain injury. Causes include:
- Being struck by an object or debris
- Falling from a height, or a slip and fall
- Experiencing force from an explosion
- Suffering damage from the head contacting an object, such as a window or steering wheel in a car accident
Brain injuries can be penetrating (meaning an object enters the skull and brain tissue) or non-penetrating (meaning the brain has been damaged by an external force). Common types of brain injuries include:
- Lesions
- Contusions
- Hemorrhages
- Skull fractures
- Hematomas
Any brain injury can cause severe, long-lasting symptoms. That’s why you should contact a brain injury attorney if you or someone you know is a brain injury victim.
What You Need To Know About Brain Injuries
Traumatic brain injuries are known as a “silent epidemic” because symptoms are often overlooked or downplayed. That causes treatment to be ignored or delayed. It’s common for people to underestimate the effect a brain injury will have on their body, mind, and spirit.
Approximately 3 million people in the U.S. suffer brain injuries annually. Of those, more than 61,000 die as a result.
Falls cause nearly half of all emergency room visits for TBIs. Other common causes include motor vehicle crashes and victims being struck by objects. Some people who survive a brain injury recover fully. Others suffer ongoing side effects, from mild to debilitating.
To help protect yourself and your loved ones from injuries, take these actions:
- Always wear your seatbelt in the car.
- Secure children in an age-appropriate child car seat or booster seat.
- Always drive sober.
- Refuse to ride with a driver who is under the influence of alcohol or drugs.
- Wear a helmet when biking, skateboarding, riding a horse, or playing contact sports.
- Gate stairs in your home to protect young children.
Work With A Brain Injury Lawyer
Our friends at Ginnis & Krathen know that cases involving liability for brain injuries are complex. That’s why it’s essential to work with a personal injury lawyer at a practice that’s known as a “brain injury law firm.”
Your lawyer should have the skills and experience to build a successful case and prove liability. That requires:
- Proving you were injured in the incident that’s the source of your lawsuit
- Demonstrating the severity of your injury
- Detailing the long-term impact of your injury (including the increased risk of developing dementia, Parkinson’s disease, and other conditions years or decades later)
Your brain injury attorney’s actions can help you secure the compensation you need to heal and move on with your life. If you’ve suffered lost wages, memory loss or other distress, don’t wait.
A brain injury attorney works with a network of experts, including medical professionals, to help you get on the path to recovery. They serve as your advisor and advocate, ensuring you get the compensation you deserve and need to pay your medical bills and other expenses.
If you or a loved one have been injured, reach out to a firm with a brain injury lawyer and review their record of success in obtaining fair outcomes. They can provide guidance to navigate your brain injury litigation.
February 17, 2023
Preventing Injuries During Extreme Activities
When participating in an activity with a business that might end in injury, most companies require participants to sign waivers. However, did you know that even if you sign a waiver, companies can still be held liable for your injuries if negligence was involved? More and more fun attractions are opening up across the nation that require waivers from cable wakeboarding to indoor axe throwing. While these can be extremely fun, it is important to keep safety in mind, according to a personal injury lawyer from our friends at Schehr Law. They have provided us with some tips on how to enjoy these extreme activities while staying safe:
Check Equipment
Do not just take a company’s word for it that their equipment is safe. Take the time to ensure that everything looks up to par. If you have to wear a harness, double check that it does not seem worn or frayed. Additionally, if you feel you have not put the harness on correctly, ask one of the workers to check it just to be extra sure. Verify that the facilities are clean and clear of obstructions. Sometimes companies can be careless when rushing around trying to help customers, or employees can even be tired and forget to check something. It never hurts to double check it for yourself.
Follow the Rules
Companies put rules in place not just out of concern for safety, but often because someone has made the rule a necessity. For example, if you go to an indoor axe throwing business, one rule they will tell you is to not try to catch the axe if it bounces off the target. There were actually a few cases of people doing this and becoming seriously injured. The rules are there for a reason! If there is not a rule in place and something happens where you still get injured, that is when you should contact a lawyer for help.
Read the Waiver
Do not just sign safety waivers. It is best practice to look through them first. Of course some of the language in them may be hard to understand, but skimming through to make sure you understand the main point is what is important. If something is concerning, bring it up with the company and ask for clarification. If there is anything that is outright alarming, do not sign the waiver. Chances are you can find another company that does the same thing, but safer.
Be Aware
Most extreme activities such as indoor rock climbing require you to be cognizant of your surroundings. You do not want to step on someone or fall and take another person with you. Always be aware of what is happening around you. If there is a person not following the rules and behaving in a dangerous manner, alert the business immediately. They will ensure that person is made to follow the rules. If the business does nothing, for your safety it would be better to walk away. Even though you were not injured, you can still contact a lawyer about that situation as the company knowingly endangered your life and health by not enforcing important rules.
Hopefully you are able to enjoy extreme activities safely, but if an accident occurs due to the negligence of the company behind them, contact an injury lawyer near you for help immediately.
February 16, 2023
Common Forms Of Workplace Discrimination
Employment Litigation Lawyer
No matter what industry they are in, everyone deserves to go into a workplace where they are respected and treated fairly. Unfortunately, however, this does not always happen. Even in this day and age, workplace discrimination still occurs. If you are being discriminated against at work, you may want to speak with an employment litigation lawyer.
Here are some common forms of workplace discrimination.
Race Discrimination
Race discrimination makes up a large percentage of workplace discrimination cases. People of certain races may not be hired to due to their race or denied promotion opportunities that employees with similar qualifications get. They may also be teased about their race at work and subjected to cruel jokes. In severe cases, they may be wrongfully terminated.
Age Discrimination
Age discrimination affects workers who are 40 and older and is a big deal in workplaces these days. Older workers may have more trouble getting hired and stay unemployed longer than younger workers. They may also get made of their age at work and even harassed into retiring early by younger bosses.
Disability Discrimination
As the legal professionals at Eric Siegel Law can confirm, workers can also face discrimination for their disabilities. It can begin during the hiring process. Employers are prohibited from inquiring about disabilities during interviews. If an employer asks you what kind of disability you have in your interview, that is considered discrimination. You can also be discriminated against for your disability on the job. For example, you may not be given the same growth opportunities as other employees. You might also experience harassment about your disability, like jokes, slurs and intrusive questions.
Religious Discrimination
Federal and state laws also prohibit employers from discriminating against workers for their religious beliefs. Religious employees may get harassed about their religion at work by bosses and coworkers or retaliated against for taking time off work for religious holidays.
Gender Discrimination
Gender discrimination, unfortunately, occurs quite frequently in the modern workplace. For example, if a female employee is always passed over for promotions despite having the same qualifications as her male co-workers, that may be considered gender discrimination. Likewise, if female employees are always reprimanded for being a few minutes tardy while male employees are never written up for coming late, gender discrimination may have occurred.
National Origin Discrimination
It is also against the law for workplaces to discriminate against employees for place of birth, ancestry or culture. For example, if an employer asks a job candidate questions about his or her accent during an interview, it is considered unlawful.
Pregnancy Discrimination
The Pregnancy Discrimination Act prohibits employers from discriminating against pregnant workers. For instance, if your employer refuses to provide you with reasonable accommodations or does not let you work past a certain point of your pregnancy, you may have a discrimination lawsuit on your hands.
If you have been facing discrimination at work, you may want to schedule a consultation with an employment litigation lawyer as soon as possible.
January 20, 2023
Common Causes Of Child Injuries That May Result In Lawsuits
Personal Injury Lawyer
As a parent, you want to do everything possible to protect your child from harm. Unfortunately, however, some things can be out of your control. If your child sustained injuries due to the negligence of someone else, you may want to contact a personal injury lawyer. Your family may be entitled to compensation.
Here are common causes of child injuries that may result in lawsuits explained by our friends at the highly-rated Disparti Law Group.
Defective Children’s Products
When you buy your child a car seat, toys and other children’s products, you expect them to work correctly and be safe. However, this does not always happen. If companies are negligent during the manufacturing or design process, it can result in defective products. For example, a defective car seat may fail to restrain infants and protect them during a car accident. Other defective children’s products may include toys, cribs and swing sets.
Negligent Supervision
Parents who work full-time jobs may sometimes have to depend on others to look after their child. For example, they might take their child to a daycare center. If the child sustains injuries while under a daycare teacher’s care, the daycare center may be held responsible. Children can get injured in daycare centers in many different ways, including unsafe toys, wet floors, medication, harmful chemicals and furniture that is not properly secured.
Dog Bites
Many children become excited when they come across the dog and even try to pet it. However, not all dogs are friendly and want to be touched. If your child recently got bitten by someone else’s dog, you may want to contact an attorney. In addition to physical injuries, your child might have suffered emotional distress after the attack and your family deserves compensation for that.
Car Accidents
If you were recently in a car accident with your child in the vehicle, he or she may have sustained serious physical injuries, like broken bones and head injuries. Your child may have also developed emotional distress after the collision. If the accident resulted from another driver’s negligence, such as speeding or distracted driving, you may pursue a legal claim.
Swimming Pool Accidents
Swimming in a pool can provide hours of fun for children. However, if proper precautions are not taken, kids can sustain injuries. For example, children are more likely to have drowning incidents if they are not actively supervised by an adult at all times. They can also slip and fall on the pavement if they are running around the pool.
Playground Accidents
Children can also sustain injuries from playing on playground equipment, including monkey bars, slides and swings. The owner has a duty to make sure the playground equipment is safe, whether it is at an apartment complex, school or park. If they don’t and an accident occurs, the owner can be held liable.
If your child has sustained injuries due to another party’s negligence, you may want to schedule a consultation with a lawyer to discuss your case in detail.
December 11, 2022
Differences Of C Corporation and S Corporation
The path to business ownership can be an exciting one, but certain considerations must be made first, such as what type your business falls under. When forming a business, you must decide what type of entity your business will be. Two common options are C corporations and S corporations. As a commercial litigation lawyer from Silverman Law Office, PLLC explains, the primary difference between a C corporation and an S corporation is how they are taxed.
Before declaring your business as a C or S corporation, it is recommended that business owners receive guidance from a legal team so that their personal interests and business success is protected. In the event of a dispute or litigation, choosing the right business type will be important.
What is a C Corporation?
Generally, a C corporation is the preferred business type if you are planning on selling your company in the future or looking for funding through investors. This is because a C corporation consists of stock. This stock is handed out to shareholders who own the company. Large companies that are publicly traded on the stock market are C corporations. A C corporation is the default type of corporation and requires less paperwork than an S corporation.
The way a C Corporation is taxed is sometimes referred to as Double Taxation because it is taxed both at the entity and shareholder levels. Shareholders pay taxes on salaries, dividends, and bonuses, and the company must also pay taxes on its profits. C corporations may also offer stock to employees as payment, so its employees may be of higher quality.
With a C corporation, charitable contributions and donations can be deducted in full on a corporate tax return as long as the donations don’t exceed 10% of the company’s income. Employees in a C corporation may have certain benefits, such as health insurance, which is deducted from a C corporation’s tax return. C corporations have a capped tax rate of 21%.
What is an S Corporation?
An S corporation is appropriate if you want your business to have limited ownership. While an S corporation can also have stock, it is limited to having no more than 100 shareholders. Additionally, those shareholders may not consist of partnerships, other corporations, or non-resident aliens. An S corporation has tax benefits, however.
Unlike a C corporation, an S corporation is taxed only at the shareholder level and not as an entity. An S corporation does not need to pay taxes on its profits. Instead, its shareholders pay taxes on their personal income. Most of the time, S corporations can deduct up to 20% of their business income on personal tax returns. This means that if you own an S corporation, you may write off business losses on a personal tax return.
There are advantages and disadvantages to owning either a C corporation or an S corporation. If you want to be sure you choose the best type of business, contact a business lawyer who can work with you to choose the one most appropriate for your needs.
December 2, 2022
The Current State of Driver’s Education
Car Accidents
Checks upon the safety of the nation’s motorists begin with the licensing process. Each state crafts its own requirements for driver’s education generally and for what a motorist must do before they will be granted licensure more specifically. When gaps in education occur, all road travelers are at a greater risk of suffering harm than they would otherwise be.
As a result, it is important for all road travelers to understand when – and where – motorists might be less equipped to operate their vehicles safety as a result of deficiencies in a particular state’s approach to “driver’s ed.” Although this knowledge may not allow a motorist to avoid traveling in a state that is less safe, it can empower them to be particularly conscious when operating their own vehicles. As an experienced car accident lawyer – including those who practice at Patterson Bray, PLLC – can confirm, accidents can often be avoided when motorists take care to drive defensively.
What Does Age Matter?
According to the Centers for Disease Control and Prevention, more than 8 million drivers – which equates to nearly four percent of U.S. motor vehicle operators – are under the age of 18. Although gaps in driver’s education can make motorists of any age particularly dangerous, deficiencies in driver-related learning have the potential to affect the nation’s youngest drivers most significantly as a group.
It is now widely understood that teenage drivers are the greatest risk of suffering a catastrophic accident of all motorist age groups. This risk is due, in no small part, to the fact that driver’s education requirements are not nearly as rigorous as they should be. Given that operating a motor vehicle unsafely is an undertaking that has the potential to cost people their lives, deficiencies in driver’s education need to be addressed for the benefit of particularly vulnerable younger drivers and travelers of all ages alike.
What Gaps Exist?
As every state sets its own requirements for driver’s education, it would take pages to explain where every individual’s approaches fall short. With that said, there are two primary areas where some states fall far below many others when it comes to giving drivers the information and experience they require to operate vehicles safely.
First, less than half of all states mandate that new drivers take a formal driver’s education program before they can become eligible for ordinary driving privileges. Some states only require that aspiring motorists pass a test before they can become licensed. In these jurisdictions, the current “state of driver’s education” is that – at least, for many drivers – there is none.
Second, a significant handful of states don’t require that new motorists submit to supervised driving for a period of time, provided that the new driver has participated in a driver’s education program. This is the opposite of the first concern but the potential consequences are the same. When new motorists don’t have to participate in graduated licensing requirements, they are ultimately more at risk of causing a serious collision than they otherwise would be.
November 20, 2022
Reasons Why Your Workers’ Compensation Claim Was Denied
Workers Compensation Lawyer
Following a workplace-related accident, you might be entitled to workers’ compensation. While nothing can reverse an accident or the injuries they cause, workers’ compensation can help you recover. A compensation claim can provide financial compensation for expenses like:
- Medical expenses
- Out-of-pocket expenses
- Travel costs
- Lost wages, job rehabilitation, or disability benefits
- In the case of wrongful death, death benefits paid out to your loved ones
Unfortunately, sometimes a claim can be denied. There are different reasons why your workers’ compensation claim can be denied, which we will now explore.
- Your Injury Wasn’t Reported in Time or Had Errors
In New York, you must report your accident to your employer within 30 days after it occurs. You can lose your benefits if you don’t report it. While you technically have 30 days, it’s best to report it when it happens or when you’re physically able. Minor errors on your paperwork can lead to a denial claim, which is why having an attorney present ensures you accurately fill out your paperwork.
- Your Injury Didn’t Happen In Your Workplace
Most workplace injuries occur while on-site, which are generally qualified for workers’ compensation. However, an injury can happen off-site as long as you perform work. So, for example, if you’re a delivery driver involved in an accident, you may still qualify for compensation even if the accident didn’t happen “on-site. This stipulation may not prevent an employer from trying to claim the injury.
- Your Employer Claims You Were At Fault
You still claim workers’ compensation if you were liable for the accident, but some restrictions do apply. For example:
- You violated safety protocols or guidelines—especially to an egregious extent where there’s the question of whether or not you intentionally violated standards.
- You engaged in “horseplay,” leading to an injury.
- There’s reason to believe you were operating while under the influence.
- Your employer believes you intentionally harmed yourself.
Sometimes, these reasons are applicable, but other times an employer might be trying to find a way to get out of paying workers’ compensation.
- You Have a Preexisting Medical Condition
You may have a preexisting medical condition that either led to or aggravated your injury. Of course, just like claiming you’re at fault, sometimes employers or insurance companies will use this as an excuse to deny coverage. Even if there’s some evidence to show a preexisting medical condition is at play, the opposing party may often exaggerate the situation.
- It’s Simply Hard to Prove the Incident
Unfortunately, some workplace injuries are hard to prove to be applicable. For example, while it’s rather easy to pull up video footage of a worker falling off a ladder, it’s much harder to prove that dangerous chemicals led to a specific medical condition. The bottom line is that employers and insurance companies may look for ways to deny coverage, and they know that it’s much easier without you having legal representation. Hiring a workers’ compensation lawyer can make a huge difference—a fact that our friends at Hurwitz, Whitcher & Molloy, LLP can vouch for.
November 20, 2022
Common Misconceptions About Mesothelioma
Mesothelioma Lawyer
Mesothelioma is a rare type of cancer that results from asbestos exposure. People who have been diagnosed with mesothelioma may be entitled to compensation. However, there are many misunderstandings about the disease that may make them reluctant to pursue damages.
Here are a few common misconceptions about mesothelioma that you should not believe.
Mesothelioma Just Affects the Elderly
It is possible to get diagnosed with mesothelioma at any age. However, the disease is actually more common among the elderly. Mesothelioma can take several decades to form after asbestos exposure, so older people are more likely to get diagnosed with it than their younger counterparts.
Mesothelioma Only Attacks the Lungs
When asbestos gets into the body, it can accumulate not in just the lungs, but also the stomach or heart.
Mesothelioma Is Contagious
Mesothelioma patients may be nervous about spreading the disease to their loved ones. The good news is, however, that mesothelioma is not contagious. People can develop mesothelioma after being exposed to asbestos, but transmit the disease to other people.
Smoking Causes Mesothelioma
As mentioned above, the only known cause of mesothelioma is asbestos exposure. While smoking does not directly cause mesothelioma, it can make your symptoms worse. For example, you might cough even more or have worse chest pain. Therefore, if you’ve been diagnosed with mesothelioma and are a smoker, you may want to consider quitting.
If the Company Is Gone, You Can’t Sue
Unfortunately, some mesothelioma patients believe they can’t pursue compensation if the company where they were exposed to asbestos does not exist anymore. However, even if your company filed bankruptcy, they may still have trust funds to pay claims related to asbestos exposure. An experienced mesothelioma lawyer can help you go after the compensation you deserve.
There Are No Treatments for Mesothelioma
It’s true that mesothelioma is an aggressive disease with no known cure. However, that doesn’t mean the disease can’t be managed. Mesothelioma patients may be able to undergo surgery, chemotherapy or radiation to slow down the progression of the disease.
Mesothelioma Treatment Is Too Costly
Treating mesothelioma certainly is not cheap. However, you may not have to pay for it all on your own. If you were wrongfully exposed to asbestos, you may be able to file a claim against the negligent party. If you win a settlement, it can help you pay for the treatment.
Mesothelioma Can Only Form from Exposure to Large Amounts of Asbestos
Unfortunately, this is another myth. The truth is that being exposed to any amount of asbestos can increase your risk of getting mesothelioma.
Asbestos Is Banned in the United States
Although the dangers of asbestos are more well known now, asbestos still is not completely banned in the United States. Asbestos is still used in common products, like vehicle components and construction materials.
If you have been exposed to mesothelioma, you may want to get in touch with a mesothelioma lawyer from Brown Kiely, LLP.
November 20, 2022
Ways Car Accidents Happen
Car Accident Lawyer
If you have been in an accident, you may be able to obtain legal assistance with your complex case. There are numerous ways that a car accident can happen, as a lawyer can tell you. Whether the person who caused them did it intentionally or not, there could be legal consequences and they can be liable for the accident. Here are some of the common reasons that many car accidents occur on a regular basis.
Distracted Driving
Whether it’s picking up a phone, fiddling with the GPS, or trying to control children in the backseat, there are many ways a driver can be distracted while driving. Distractions can hinder a driver’s ability to pay attention to the road and maintain proper control of their vehicle. They may not anticipate hazards or brake in time to avoid obstacles on the road if they are too distracted. Drivers are aware of the consequences of distractions, so they are responsible for managing distractions.
Driving Under the Influence
Drunk driving is one of the leading causes of car accidents. In addition to drunk driving, driving while drugged is another common issue that results in many injuries and fatalities as well. As a seasoned car accident attorney like one from Glotzer & Leib, LLP, even buzzed driving is considered illegal. A driver may underestimate the amount of alcohol they consume, or the effects that certain drugs, both legal and illegal, can have on them. If you have been in an accident and the driver who struck you was under the influence, you can possibly gain a significant amount of compensation.
Street Racing
In neighborhoods, freeways, and streets, an increasingly common issue is street racing. Some drivers love the thrill of driving at fast and dangerous speeds, even if they are in crowded areas like near commercial spaces or on highways. Street racing is incredibly dangerous, especially when younger and less experienced drivers believe that they can keep control of their vehicle. Regardless of the amount of driving experience that someone has, weaving through streets and beating traffic lights is incredibly reckless, and often leads to deadly results.
Failure to Yield
Intersections are places where many car accidents occur. There are many cars and pedestrians going in multiple directions, and there are a lot of traffic signals to watch for. Whether someone is making a turn or crossing a street, yielding to others is essential. Unfortunately, failure to yield to others is a common cause of accidents. Some people are too focused on their phone or they may be in a rush to get to their destination. People are not registering their surroundings or taking the precaution to look in all their directions.
If you fail to provide information as they come, delays can occur and your lawyer may have a hard time moving forward in the claims process. Don’t hesitate to set up an appointment and discuss your car accident case with a lawyer that you can trust and count on to fiercely defend you. They will work to obtain the highest compensation for you. Schedule a consultation with a lawyer now.
November 19, 2022
How To Avoid Distracted Driving
Car Accident Lawyer
Distracted driving is one of the most common causes of car accidents. Whether it is responding to a text message or looking at a GPS, distractions take your attention off the road ahead. To minimize your chances of getting into a crash, it’s important to steer clear of distractions.
Here are some tips to avoid distracted driving.
Put Your Smartphone Out of Reach
It seems like many people are glued to their smartphones these days, even when they are behind the wheel. Unfortunately, using a smartphone while driving can increase the risk of an accident. Whether you are reading a text message or posting something on social media, it can take your eyes and attention off the road. If you think you’ll feel tempted to use your smartphone while driving, consider putting in a glovebox or in the backseat.
Make Adjustments Before You Start Driving
Many drivers adjust their heat/air conditioning, volume on the radio and GPS while they are on the road. This can take their hands off the wheel and eyes off the road. That is why you should make these adjustments before you start driving. Doing so can reduce your chances of getting into an accident.
Eat Before You Leave
If your mornings are busy, you are definitely not alone. Unfortunately, some people do not have time to eat breakfast at home, so they eat on the way to work. Holding onto food as you drive can limit your control of your car, increasing your likelihood of getting into a crash. Try waking up a little earlier so that you can eat breakfast at home.
Don’t Look at Accident Scenes
When drivers pass by an accident on the road, they are often tempted to slow down and look. This is a big mistake. While you should pay attention to hazards on the road, you should avoid staring at another accident too long. Doing so can take your eyes and focus off the road ahead.
Have Limited Conversations with Passengers
If you are driving with passengers, you naturally want to talk to them to make the ride more enjoyable. While it is okay to chit chat here and there, you may want to avoid getting into deep conversations while behind the wheel. If you are discussing a deep subject, you may have more trouble concentrating on driving.
What to Do After a Distracted Driving Accident
Even if you do your part to avoid distractions while behind the wheel, not every driver will. If you were hurt in a car accident caused by a distracted driver, you may want to consult a car accident lawyer — according to our friends at Davis, Johnson & Kallal. You may be entitled to compensation for your medical expenses, lost wages and other losses. A lawyer can help you go after the compensation you deserve and protect your rights. He or she can help you gather evidence and handle negotiations with the at-fault party’s insurance company.
