March 24, 2023
Who Is Responsible For My Uber Accident?
When someone is injured in an Uber accident, how much insurance coverage they get may depend on the actions of the Uber driver in the moments leading up to the incident. When an Uber driver causes a vehicle collision, liability is questioned, and the outcome will vary based on if they were considered an independent contractor, employee, or operating the car on their personal time and not connected to the app when the accident happened. If you were riding as a passenger in an Uber, then you may be asking yourself who is responsible for the injury and damage that resulted.
The driver’s status may also have an effect on how much passengers receive in damages through a personal injury lawsuit. Car accident injuries can cause losses in the form of lost wages, medical bills, car repairs, and replacement of damaged personal items. The total in damages may exceed what the minimum insurance coverage limits are for drivers. As an uber accident lawyer explains, insurance limits are low and the driver does not have sufficient assets, an injured passenger may be left having to pay for the costs of the accident themselves, which is not fair to someone who was just utilizing the Uber service and had no fault in the situation unfolding.
Let’s say that you took an Uber as a passenger and did not cause the accident to happen, but you were not wearing your seat belt at the time. Some people see riding an Uber or taxi differently than if they were riding in a friend’s car, and may not wear a seatbelt. But failing to have a seat belt on can reduce your chances to recover repayment for the damages you accrued, such as costs for medical bills and loss of wages from missing work, among others. The Uber driver who caused the accident, their insurance company, or Uber may claim that you were negligent from not wearing a seat belt, and that your injuries would have been avoided or less severe if a seat belt had been on.
Uber drivers, and other rideshare drivers, may have different degrees of liability based on exactly what they were doing when the accident happened. For instance, there are usually three liability limits including whether the rideshare driver was picking up a passenger, was logged onto the uber app and waiting for the passenger, and if the driver was not connected to the app and was driving on their personal time. Depending on factors such as these, the liability limits could be in the thousands of dollars or millions. Ultimately, passengers who were simply taking an Uber when their driver or another caused an accident may be left with costs that they should not have to pay themselves. This is a common reason why people get help from a law firm team familiar with handling Uber accidents, such as Norris Injury Law. Your lawyer can review evidence and hear your side of the story, then inform you who was most likely at fault and how much in compensation you deserve.
If you are wondering who is responsible for your Uber accident, consider the information provided here and visit with a lawyer near you as soon as possible if needed.
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.
March 6, 2023
What To Do After A Car Accident
Car accidents are all too common in the United States, injuring or killing thousands of Americans each year. As a car accident lawyer like our friends at Cashio Injury Attorneys, LLC can explain, this trend is only on the rise, which is why it’s essential to know what to do in the event of a car accident injury. Here’s a step-by-step guide:
- Don’t Panic
Car accidents can be a traumatic experience, but it’s important to remain calm and focus on the next steps. Take a deep breath and assess the situation. Check if you or anyone else in your vehicle has sustained any injuries. If you are physically able, check on the passengers in any other involved vehicles as well.
- Check For Injuries:
The safety and wellbeing of all parties involved should be the top priority. If anyone is hurt, call for medical assistance immediately. Even if there are no visible injuries, it’s important to seek medical attention as soon as possible. Some injuries may not be immediately apparent and can worsen over time if left untreated. Additionally, it’s crucial to document any injuries sustained in the accident, as this will be important evidence for any legal claims that may arise later.
- Get Information From All Involved Parties
After ensuring that everyone involved in the accident is safe, exchange information with the other driver(s) involved. This should include their name, contact information, and insurance details. You may also want to obtain the make, model, and license plate number of the other vehicle(s). This information will be necessary when filing a claim with your insurance company or in the event that you need to take legal action.
- Take Photos Of Everything
It’s important to document the accident scene as thoroughly as possible. Take photos of the damage to both vehicles from various angles, any injuries sustained by you or your passengers, and the surrounding area. Be sure to capture any skid marks on the road, debris on the ground, or any other factors that may have contributed to the accident.
- Inform First Responders
As soon as possible, call the police and inform them of the accident, providing them with all the details you have gathered so far. An official police report can be useful in the event of an insurance claim. Also, seek immediate medical attention, even if you don’t think you’re injured. Some injuries may not present symptoms until hours or even days later, and delaying medical attention can hurt your chances of obtaining compensation later on.
Dealing with the aftermath of a car accident can be a stressful and overwhelming experience. That’s why it’s important to have a qualified legal team on your side to help you navigate the legal process and secure the compensation you deserve.
A skilled lawyer can negotiate with insurance companies, investigate your case, and help you understand your legal options. If you’ve been injured in a car accident that wasn’t your fault, you shouldn’t have to foot the bill. Get in touch with a lawyer in your area to get started with your case.
March 1, 2023
Common Truck Accidents
Truck Accident Lawyer
Truck accidents can, unfortunately, happen to even the most cautious drivers on the road. In the state of Georgia alone, there are roughly 230 fatal truck accidents every year. Truck accidents often involve critical injuries and damages, which is just one of the many reasons it’s significant to have an experienced truck accident lawyer. Truck accidents have many specific elements surrounding the case, and it’s important to work with a dedicated lawyer who has an in-depth understanding of a truck accident.
Given the severity of damages that a truck accident can cause, you deserve the right to full compensation, and your emotional and medical expenses should not be undervalued in any way. A good lawyer will be happy to negotiate on your behalf with other insurance companies and remove that burden of communication from your shoulders – and ultimately take your case to court if necessary. They will analyze evidence and speak with eyewitnesses on your behalf.
Receiving legal guidance while you’re processing the aftermath of this kind of tragedy is likely in your best interest. They will be able to address the individual parameters of your truck accident and know the best legal approach that will maximize your compensation. For now, we’ve compiled some of the most common truck accidents that happen every year and that you should be aware of.
Rear-End Collisions
Rear-end collisions occur when a truck hits the vehicle in front of it. These types of accidents are common due to the weight and size of the truck, which makes it harder for the driver to stop quickly. Rear-end collisions can result in serious injuries such as whiplash, broken bones, and spinal cord injuries.
Jackknife Accidents
Jackknife accidents occur when the trailer of the truck swings out at a perpendicular angle to the cab, resembling a folding jackknife. This usually happens when the truck’s brakes are applied suddenly, causing the trailer to slide out of control. These types of accidents can result in significant damage to other vehicles, buildings, and infrastructure.
Rollover Accidents
Rollover accidents occur when the truck rolls onto its side or roof. This type of accident is usually caused by the driver’s negligence, speeding, or taking a turn too sharply. Rollover accidents can cause severe injuries to the truck driver and other motorists, and they can result in extensive property damage.
Blindspot Accidents
Trucks have large blind spots, especially on the sides and rear. Blindspot accidents occur when a truck driver fails to check their blind spots before changing lanes, turning, or backing up. These accidents can be especially dangerous for smaller vehicles and can result in severe injuries or fatalities.
Lost Load Accidents
Lost load accidents occur when a truck’s cargo falls off or spills onto the road. This can happen due to improper loading or securing of cargo, or due to equipment failure. Lost load accidents can cause significant damage to other vehicles, and they can also result in serious injuries.
Thanks to our friends at Council and Associates, LLC for their insight into truck accidents.
March 1, 2023
When Ridesharing Services Get Scary
Car Accidents
Ridesharing services such as Uber or Lyft are extremely popular for travelers these days. The ridesharing services have made it easy for anyone to earn extra cash by driving around passengers, and it has increased access to passengers for affordable and timely travel. However, these services can still have serious problems. According to an Uber accident lawyer from our friends at the Eskesen Law Firm, if you feel unsafe with your ridesharing service, then you should follow these tips:
Verify the Driver
Uber provides you with a picture of the driver, color of the vehicle, make and model of the car, and even the license plate number of the vehicle that is going to pick you up. If even a single one of these details does not match the information you were provided, then you should not get into that car. If you feel unsafe, call 911. If you are in a safe place but still worried about your safety — although you are not in immediate danger — you can reach out to the ridesharing service for help.
Avoid Personal Questions
If you are traveling alone, it is best not to answer personal questions with information that will help a stranger identify you. For example, if a driver asks what you do for work, you can say your position, but it is best not to mention the company name or location. You can always shut down personal questions by saying you would prefer to ride in silence. If your driver becomes pushy, it is probably best to end the ride there. Ask them to pull over and let you out.
Use Safety Measures
Even if you are traveling in a group, your driver may still make you feel uncomfortable. If this is the case, let them know that you are expected somewhere at a certain time. You can also phone a friend — or even pretend to call someone — so that your driver believes you are talking with someone else. You can also tell your driver that you have shared your location with other people who are keeping track of your whereabouts. Before you even enter the car, it is a good practice to take a photo of the vehicle and license plate, and if they do not mind, the driver. Send this information to a loved one for safe keeping in case of emergency.
Track the Drive
There have actually been a few cases where drivers attempted to kidnap passengers — or keep them in the car until they paid more money — by not taking passengers to their originally intended destination. If you are not familiar with the area, pull up a map on your phone and follow along with your route to ensure that you are going where you are supposed to be going. If at any point and time your driver strays from the path they should be taking, speak up and let them know you are keeping track of the route.
Contact a Lawyer
If your rideshare driver drives recklessly, attempts to contact you after the ride is over in an inappropriate manner, or if verbal — or even physical — abuse occurred during your ride, contact a lawyer near you for help immediately.
February 19, 2023
4 Factors Of Accepting Malpractice Settlement
Wrongful Death Lawyer
Medical malpractice can occur in many forms, from a surgery error to an administrative mistake that results in your receiving the wrong medication during recovery. When this happens, the consequences may affect you permanently or put you in harm’s way, possibly restricting your mobility or leaving you unable to work. The hospital or doctor that wronged you may offer a settlement in lieu of a trial, but as a wrongful death lawyer explains, there are several factors you may want to consider before accepting such a deal.
1. The Fairness of the Offer
Very few medical malpractice cases ever go to trial because the doctor or hospital and the patient who was harmed often settle out of court. This may be a positive option for you, especially if your lawyer deems the amount fair and you need to take care of any bills that are piling up because you cannot work. Ask your lawyer to review the settlement terms with you so you understand your options for the future. In this way, you can know when a settlement amount is fair and just based on what you went through.
2. The Strength of Your Claim
Deciding to buckle down for a trial may not be your best option when fighting a medical malpractice case if your claim and evidence are not as strong as they could be. For example, if you suspect the medicine a hospital gave you delayed your healing or they administered an incorrect dose, this can be difficult to prove unless the courts demand the facility hand over its treatment records. You may want to ask your lawyer, similar to a team member at Wandres Law, P.C., if this is possible or whether it is wiser to accept the settlement.
3. Your Claim’s Value
Some medical facilities may want you to accept a settlement amount that is lesser than the value of your claim simply to put the matter behind them. Discovering the worth of your claim with the help of a lawyer can assist you with making an informed decision, especially if you believe the accident was due to a doctor’s gross negligence.
4. The Benefits of Acceptance
You may want to consider how accepting a medical malpractice settlement might benefit you, especially if the incident reduced your energy and mobility. Some malpractice cases take months to settle in court, which means a lengthy battle for you and your lawyer. Accepting the settlement may also allow you to reorganize your finances, particularly if they took a hit during your recovery time.
Facing a medical malpractice case can make you feel like your world is turned upside down, but you do not have to go through this difficult time alone. Many people turn to legal professionals who understand the laws of medical malpractice cases so that they have someone to advocate for them. If you want more details regarding your specific case, consider contacting a law firm in your area today for further assistance.
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.