Can Insurance Agents Speak to the Witnesses?

Personal Injury Lawyer

If you are recovering after a personal injury accident and you are gathering evidence, you are likely looking into the people who may have seen the accident happen. When you are hoping to file an injury claim for your accident, one of the best forms of evidence might be bringing forward anyone who was a witness to your accident. They can help shed light on what they saw or heard and they can offer neutral, third-party input into who seemed to be the negligent party. This can be incredibly valuable to your claim, especially if you are insisting that you were not responsible for the accident happening. However, if you are dealing with the other party’s insurance agent and they are asking to speak with the witnesses, what can you do? 

What is the first thing you should do in this instance? 

First, it is important to speak with your lawyer to understand what you are legally obligated to do. Your lawyer, like a personal injury lawyer from a law firm like Barry P. Goldberg, knows that if you refuse to give the insurance agent the name of your witness it could be seen as a lack of cooperation on your part. Especially in the instance where you have already told the insurance agent that you have witnesses to your accident, it would not make much sense on your part to avoid disclosing who your witnesses are. Remember, you want the insurance company to be willing to come to a fair settlement amount with you and if you are not willing to provide them with the names of the witnesses then they will not be happy that they are unable to verify the witnesses’ statements. 

Can this hurt my insurance claim at all? 

It is always possible that when an insurance agent speaks with a witness that it could hurt your insurance claim. Many insurance agents will use the information they get to work in the insurance company’s favor. In certain instances, a witness may tell you that they do not want their information shared with the insurance agent and it is important to be transparent with the insurance agent when this is the case. It is important to remember that if a witness flat-out refuses to speak with an insurance adjuster, then the information they provide for your claim may be given very little weight when it comes to making a difference in the settlement amount you are offered. A witness may feel more comfortable: 

• Calling the insurance company on their own
• Setting the time, date, and place that they speak with the insurance company
• If their interview is not recorded
• Giving as little personal information out as possible

It is important that your witness feels comfortable when they are providing information on your behalf for your claim. If you have any questions regarding the witness to your accident or would like to know the best next steps, reach out to a law firm that specializes in personal injury cases. 

Who Is Liable for Your Sidewalk Injury?

Slip and Fall Lawyer

Was Negligence Involved?

To hold someone accountable for your injury, the party has to have been negligent. When you fall on a person or company’s property, you have to prove that the owner did something wrong that caused your injury. When you slip and fall on someone else’s property, he or she is not automatically liable. There are conditions that your fall has to meet.

For example, if the sidewalk you walked on was in perfect condition and tripped out of clumsiness or inattention, the owner might not be held responsible. However, if you trip on the broken concrete and sprain your ankle, the owner may have been negligent for not fixing the sidewalk.

Who Is Responsible?

If you fall in front of someone’s house, there is a chance that he or she owns the sidewalk. Under some circumstances, he or she could be liable for your injury. When you file a claim, the insurance company will consider whether or not the owner performed regular maintenance on the sidewalk and whether or not he or she should have been aware of the hazards. The key question is whether or not he or she should have taken steps to assure pedestrian safety. If the homeowner is responsible, you will file your claim against the individual or his or her insurance company.

If the government owns the sidewalk, your local ordinances will determine whether you can file a claim. In some cases, the city is responsible for the upkeep of all sidewalks. If the government was supposed to repair the sidewalk, you might file your claim against the city.

What Can You Do Next?

After receiving medical care, your first order of business should be to speak with a slip and fall lawyer, like one from Wieand Law Firm, LLC. When it comes to sidewalk injuries, determining fault can be complex. You may not be familiar with all of your city’s local ordinances, but your lawyer may have that information readily available. He or she can tell you whether you have a case and help determine the settlement you should demand. Additionally, if the claim has to go to court, you have a lawyer to guide you through the process.

Falling on a sidewalk can result in serious injuries. If you have medical bills, lost wages or any other monetary damage due to a fall on a poorly maintained sidewalk, then you could be entitled to compensation. Most slip-and-fall lawyers will offer a free consultation, so contact one now.

What Are the Steps to File a Workers’ Compensation Claim? 

A workplace injury or illness is not uncommon, especially within industries that are inherently hazardous. If you work in sectors like construction, healthcare, or manufacturing, you are more likely to sustain an injury or illness. If you have sustained an injury at work, you may be eligible to file a workers compensation claim so that you can be compensated for the costs of your injuries, missed wages and other expenses. Know the steps below so that you can properly submit a claim.

Receive Medical Treatment 

When you have been injured at your workplace, you need to get medical care right away. As a workers compensation lawyer like one at Therman Law Offices, LTD can tell you, seeking medical care immediately after you sustain your injury can not only help you recover faster, but it can greatly strengthen your case. If you are able to provide medical documents that show that you took action to treat your injury, then your case is less likely to be dismissed by the employer’s insurance company. 

Inform Your Employer 

You must notify your employer right away if you have suffered any kind of injury or illness that was work-related. Your employer needs to be formally notified that you suffered an injury so that they can put it on the company record. It is important that you communicate with your employer regularly and inform them of any updates, such as changes to your condition. Keep track of all the deadlines that you must meet so that you can relay information to them right away. 

Complete Your Paperwork

A workers compensation claim involves a lot of paperwork. Filling out all the forms that you need for your claim can be a tedious task.  If you are having a hard time filling out the paperwork, finding the necessary information or simply need a professional to review your documents for accuracy, do not hesitate to reach out to a skilled workers compensation lawyer for assistance.

Follow Up On Your Claim 

Once you have your claim submitted, you need to check on its status regularly. Once you know of your claim status, check in with your employer as well. In the event that there is an issue, you can talk to a lawyer about next steps that you can take. 

Workers compensation claims can be quite sophisticated, and if you run into an issue or just need basic guidance, a lawyer can provide legal support. For more information, contact a trusted workers compensation lawyer now.  

What Counts as Pain and Suffering in Court?

What Counts as Pain and Suffering in Court?

When considering filing a personal injury claim, it is important to understand what qualifies as pain and suffering and how it relates to your unique claim. Generally, and physical or mental pain that you sustain and then have to endure from an accident or an injury qualify. If you or someone you love has been hurt in an accident, it is important to get the right personal injury lawyer like Presser Law P.A.

Here are more specified circumstances taken into consideration for pain and suffering settlement:

Loss of a Loved One

If your claim involves the loss of a loved one, also referred to as a “loss of consortium”,  you may be able to win a pain and suffering settlement. The mental strain produced from the loss of someone important to you is hard. These are some of the people who qualify as a loss of consortium:

• Parents
• Close friends
• Those who provide household needs
• Spouses
• Family members

If your claim relates to the loss of one of the above people, consider consulting with a personal injury lawyer to investigate the possibility of receiving a settlement based on pain and suffering. Others may also qualify as loved ones depending on the circumstances. 

Presser Law P.A. has been serving the community for decades and understands the importance of working with clients to develop a plan that is designed to meet their needs. Our team is committed to providing personalized service in order to find an outcome that will offer peace of mind during this difficult time. We work tirelessly on behalf of our clients by striving for excellence in every aspect including customer care, communication, advocacy and accountability.

Physical Pain or Injury

If your situation relates to pain from an injury or accident, you will likely be able to claim pain and suffering. Pain and suffering that occurs and persists after an accident sustained in the workplace, from someone else’s error or negligence, etc. may qualify. When a significant injury is sustained, it’s likely to be considered a valid cause for a claim. Here are several scenarios which constitute physical pain or injury:

• Broken or dislocated bones
• Organ damage
• Nerve damage
• Muscular damage

Many other types of injury involving lasting pain or dysfunction also qualify. Consult with a lawyer to further decide if your injury or lasting pain could qualify for a pain and suffering-related settlement.

Emotional Or Psychological Damage

If your situation involves emotional disturbance or cognitive damage, a pain and suffering claim is within the realm of possibility for you. Here are some scenarios that may qualify as emotional or psychological pain and suffering:

• Events causing PTSD
• Cognitive dysfunction resulting from a brain injury
• Worsening of quality of life
• Events resulting in trauma
• An otherwise altered emotional state resulting from the concerned event or events

If you’ve been injured in an accident and are in need of a personal injury lawyer look no further than Presser Law P.A. Our team of experienced attorneys has the skill and knowledge to get you the compensation you deserve for your injuries. We understand how difficult it can be to cope with an accident, so let us take care of everything for you while you focus on recovering. 

Back Pain Exercises For Pain Relief

Back Pain Exercises For Pain Relief

When you suffer from back pain as a result of a major car collision or work injury that prevents you from enjoying your life to the fullest, you want to find solutions that can help get rid of it. Back pain can lead to consequences such as missed time off work and future medical issues, as a back pain doctor like one from AmeriWell Clinics can explain. Thankfully, in addition to professional care, you can also get lasting back pain relief if you try some basic at-home exercises to manage your symptoms. 

Lower Back Rotation

Lie down on your back on the floor, pressing your knees flat on the surface so that your knees are pointed towards the ceiling. Keep your core tight to stabilize your body, then gently move your bent knees towards one side and hold for 10 seconds. Repeat on the other side. Return to the beginning position and repeat 3 times for each side. This stretch helps to warm up your lower back and reduces stiffness. 

Wall Sit

Maintaining good posture can greatly minimize back pain. An effective exercise is the wall sit. Find a blank wall where you have enough room to press your whole back against. Stand with your back against the wall and slowly slide down into a seating position. Keep your knees bent at a 90-degree angle, or a few degrees wider. Maintain the position for 30 seconds and return to the starting position. This exercise is beneficial for people who spend many hours sitting at a desk for work. 

Cat-Cow Stretch

The cat-cow is a basic stretch that provides great relief for stiffness in the upper and lower back. Start by getting a mat and getting down on all fours (tabletop position). Inhale slowly looking upwards, then lower your core down into the cow position. Then exhale as you move your core up, slowly arching your back into a cat-like position, with your chin pointed towards your chest as you arch. Slowly alternate between these two positions 3-5 times.

Addressing the lower back should not only involve targeted stretches but stretches in other parts of the body, such as your shoulders and core. Correcting problems all over your body can reduce your pain and help you better manage your symptoms. Over time, you can gradually improve your symptoms and feel much relief. To learn more about what specific exercises you should be incorporating in your daily routine to minimize your back pain, contact a skilled back pain doctor now. 

What Is the Statute of Limitations?

Car Accident Lawyer

Personal injury cases encompass a wide range of situations. The two most common types of personal injury lawsuits are related to medical malpractice or workplace injuries, but car accidents, being hurt on someone else’s property, or wrongful death lawsuits are also common. While these lawsuits are common, they do have rules to follow. One such rule is the statute of limitations.

A personal injury lawyer like Daniel E. Stuart at Daniel E. Stuart, P.A. can help you understand more about the statute of limitations and how it may apply to your case. 

What Is a Statute of Limitations?

A statute of limitations refers to the amount of time you have to file a lawsuit after you are injured. The deadline is strict with very few exceptions. If you try to file a lawsuit after the deadline to do so has passed, your case will be dismissed. The statute of limitations on a personal injury case starts the clock on the day you were injured. 

How Long Do I Have To File a Lawsuit?

Each state sets its own laws for the statute of limitations, so the amount of time you have will depend on where you were injured. For example, if you were injured in Kentucky or Louisiana, you would only have one year to file your claim. In Maine, you’d have six years. Some states even make separate rules for different types of injuries. In Colorado, you have two years, unless your injury was due to a car accident; in that case, you have three. 

Are There Exceptions to the Statutes?

There are rare exceptions to the statute of limitations in any state. Most states do have a “discovery rule,” though. This exception extends the filing deadline in the case that the injured person had a reasonable basis for not knowing that he or she was injured or for not realizing that the potential defendant was at fault. If you’ve ever heard the commercials about developing mesothelioma, that is an example of the discovery rule. Most of the plaintiffs in these cases had no reasonable way of knowing they’d been exposed to asbestos two or more decades ago.

There are rare cases where other exceptions apply. If the defendant in your case leaves the state after causing the accident, most states will “pause the clock” on the statute. There may also be special guidelines if the injured person was mentally ill, disabled, or a minor. Because exceptions are so rare, it is a good idea to call a personal injury lawyer as soon as you suspect you may have a case.

If you suspect that you have a personal injury lawsuit on your hands, or if you’ve tried to get compensation from the at-fault insurance company without success, contact a personal injury attorney for assistance. 

Determining Who Is at Fault in Personal Injury Cases 

The most crucial determination in a personal injury case is which party is at fault for the plaintiff’s injury, and therefore liable for paying damages to compensate the plaintiff. The plaintiff’s attorney will often decide who is at fault when determining which parties to sue. The attorney will investigate the case and all of the potentially at-fault parties. The defendants will likely dispute their fault, and so the plaintiff must prove that the defendant is responsible for their injuries. This is often done using a negligence theory, but a lawyer may recommend a few alternative approaches if necessary.

Proving Fault Through Negligence 

Many personal injury claims arise through someone’s negligence. Negligence occurs when someone fails to use the standard of care expected of a reasonable person and causes harm to another person in doing so. Negligence has four legal elements, and a plaintiff must prove all four to prevail in a negligence claim. These elements are duty, breach, damages, and causation. 

First, the defendant must owe a legal duty to the plaintiff, such as the duty vehicle drivers owe to other motorists to exercise reasonable care while driving. Second, the defendant must have breached that duty, for instance, by texting while driving. Third, the plaintiff must have suffered actual damage due to the defendant’s breach, which usually includes medical bills, property damage, pain and suffering, and lost income. Lastly, the defendant’s breach must have been the cause of the plaintiff’s injury. If the plaintiff can prove all four of these elements, they will succeed in showing that the defendant was at fault for their injury, unless the defendant successfully proves an affirmative defense. 

Alternate Ways to Prove Fault in a Personal Injury Case

A lawyer shares that some personal injury cases do not involve negligence. In such cases, the plaintiff can prove the defendant’s fault through other methods, including showing intentional conduct by the defendant, establishing negligence per se, or proving that strict liability should apply to the case. 

Intentional conduct occurs when the defendant acts voluntarily with an intended result or with substantial certainty that a particular outcome will occur. Intentional conduct is used to prove fault in cases arising from acts such as assault and battery.

Negligence per se occurs when the defendant has violated a statute. The defendant will be automatically liable for the plaintiff’s injury if the injury is the type the statute was designed to prevent. The plaintiff is a part of the class of people that the statute was designed to protect. For example, suppose a person is driving recklessly and injures a pedestrian. In that case, the pedestrian can sue under a negligence per se theory because the defendant has violated a reckless driving statute.

Strict liability is a theory of liability under which the plaintiff does not have to establish the defendant’s negligence to prevail and recover damages. Strict liability is applicable when the defendant engages in an abnormally dangerous activity. If the defendant injures someone in the course of this activity, they will be liable even if they exercised reasonable care. Strict liability is also often applied to product liability and animal bite cases. 

Thanks to Eglet Adams for their insight on fault in personal injury cases. 

Overview: Common Types of Personal Injury Cases 

Personal Injury Lawyer

Personal injury law governs when an injured person may receive compensation for harm caused by another’s wrongful acts, whether intentional or negligent. As explained by our friends at Eglet Adams, there are several common types of injuries that give rise to personal injury claims. 

Car Accident Cases

Car accidents are the most common type of personal injury case in the United States. Car accidents usually occur because a driver is acting negligently, by not following traffic laws or not driving carefully. A driver or pedestrian who is injured by another driver’s carelessness can sue the driver in a personal injury lawsuit. A plaintiff in a personal injury case stemming from a car accident will have to prove the traditional elements of negligence: duty, breach, causation, and damages. 

Slip and Fall Cases 

Property owners have a legal duty to ensure that their property is reasonably safe so that entrants to the property are not injured. A plaintiff who is injured on another’s property and wishes to sue in a personal injury action will have to prove that the property owner should have recognized and removed or repaired the dangerous condition that caused their injury. Alternatively, the plaintiff can show that the property owner actually created the dangerous condition that caused their injury (for example, by leaving a hazardous obstacle on a walking path) and that it was reasonably foreseeable that someone would trip and fall because of the dangerous condition. Other examples of dangerous conditions that can lead to slip and fall cases are potholes, uneven walking surfaces, and objects protruding from walking surfaces. 

Dog Bite Cases 

Dog owners will usually be responsible for bites or other bodily injuries that their dogs cause to others. Depending on the state, the owner might be held strictly liable for injuries caused by their dog even when their dog has not bitten or shown any propensity to bite a person before. Other states have “one bite” rules, under which owners are only liable if they have a reason to know that their dog is aggressive or has a propensity to bite others. 

Defective Product Cases 

Products must be safe for their intended use, and when a consumer is injured by a defective product, they may be able to bring a personal injury lawsuit against the manufacturer of the product. Strict liability typically applies to product liability cases, but a plaintiff may also bring a case under a negligence theory. A product can be defective in its manufacturing, design, or marketing. A plaintiff in a defective product case will have to prove that the defect caused their injury. Additionally, a plaintiff cannot prevail in a defective product case if they were injured while misusing the product. 

Intentional Tort Cases 

Intentional tort cases are unique from other personal injury cases because they are not premised on another person’s negligence, but rather their intentional harming of another. Common examples of intentional tort cases are assault, battery, and trespass. A victim of an intentional tort can file a civil personal injury lawsuit against the perpetrator to compensate them for their injuries, in addition to the criminal charges that the perpetrator will likely face. 

Having a personal injury lawyer through the process can prove to be beneficial for the outcome of the case.

Does an ACL Tear Mean Surgery is Necessary?

Personal Injury Lawyer

If you have torn your anterior cruciate ligament (ACL), then you may be concerned that your only option for recovery is surgery. It is understandable that surgery may not be your first option, but it is important to seek help from a medical professional when you believe that you have torn your ACL so that you can get an accurate diagnosis and learn more about the different treatment options that may be available to you. While surgery may be the best option for your situation, you may also need to combine it with other forms of treatment so that you can recover fully. Unfortunately, ACL tears are very common when it comes to injury accidents, especially car accidents. If you are concerned about paying for surgery after an accident, you can speak with your doctor about getting necessary medical records when you are hoping to file a personal injury claim. 

How do I know my ACL is injured? 

It can be easy to tweak parts of your knee, so you may be wondering how you know if you have injured your ACL. A few signs to look out for are:

1. Pain around your knee
2. Swelling in and around your knee
3. Popping that came at the time your knee was injured
4. Difficulty or an inability to walk, bend, or move around

What kinds of treatment options are there? 

Depending on how bad your injury is, your doctor, like an anterior cruciate ligament injury surgeon from an office like Premier Osteoarthritis Centers, can discuss which treatment options will be best for you. For example, if your pain is mild and you do not live an especially active lifestyle, your doctor may examine you and determine that RICE (rest, ice, compression, and elevation) may be right for you. If your knee is stable and you are showing signs of improvement, you may heal just fine with physical therapy. 

On the other hand, if your pain is severe, you live an active lifestyle, and your knee is unstable, your doctor may recommend surgery as the best option for you to get back to your lifestyle. After surgery, you will likely have some physical therapy to go through to ensure that you have not only healed but that your knee comes back strong and with good motion and mobility. This can be especially daunting when you are concerned about medical bills and a personal injury claim, but it is important to get the appropriate medical documentation. 

Should I wait to see how my knee does before seeing a doctor? 

You may wish to wait for a week or two to see if your pain begins to subside. While this can be a good indication of the severity of your injury, if your pain persists for more than a few weeks, you should seek medical attention as quickly as possible. Want to learn more about how knee surgery can help you? Reach out to a local office today.