When dealing with a personal injury case, it’s nice to know what’s going on. This allows you to have confidence in what’s occurring during your case and not just trusting an attorney blindly. Although it’s important to pick an attorney that’s good at what they do and whom you can trust, it’s still important to be prepared and knowledgeable yourself. Having tabs on your own case and understanding the steps as they come allows you to make an informed decision when presented with one. Below covers some topics on personal injury cases when you are the one who has sustained the injuries.

What Does a Typical Personal Injury Case Look Like?

When an injury occurs at the negligence of another party, most states have laws that allow the person injured to recoup costs. This can include emotional trauma connected to the injury. Negligence can be from a workplace being unsafe or not kept up to code which resulted in an injury. Negligence can also include careless driving, malpractice by a doctor, and more. A typical case will have an injured party and a negligent party seeking to prove whether negligence was indeed the issue.

What Happens After Filing a Case?

The assumed negligent party is then served papers of the notice and becomes the defendant while you become the plaintiff. The next step is called “discovery” as lawyers on both sides gather evidence, ask questions, and build a case. Once this mode has ended, offers can be made before the case is taken to trial. If the offer is refused, it will go to trial and be decided by a judge. However, it’s common for personal injury cases to be settled outside the courtroom.

What Happens if I Win?

A judge or jury will decide an amount for damages and you will be rewarded this amount of money. Those deciding the amount will take into account the injury, grief caused by the injury, future wages lost, etc. All angles will be considered in order to fully cover the plaintiff. This is why cases like this are often settled outside of court.

How Long Do I Have to File a Case?

Each state differs on the length of time following an injury that you have to file a claim. This is referred to as the “Statute of Limitations.” Your attorney should be able to help you with this amount of time for your state. However, it’s always best to file a claim as quickly as possible following the injury. This often helps with evidence trails and the case in general.

Some other important notes to consider are that the defendant of the case isn’t punished. Other than paying out what’s rewarded to the plaintiff if they lose the case, a defendant won’t have to worry about aspects such as probation, jail time, etc. Further, if you decide to settle a case outside of court, this is when you and the defendant agree on a specific outcome of the case without a judge or jury. Your lawyer will handle the details.

You may have heard of an umbrella policy when discussing insurance. However, many people are unaware of what it actually is and how to utilize it. Because of this, umbrella policies may not be purchased or even used. When it comes to personal injury cases, it’s important to know what your umbrella policy will cover. After all, there’s no sense in having the policy if it’s not going to be of some use to you down the road. Keep reading for the basics of personal injury coverage with an umbrella policy.

What Does an Umbrella Policy Cover?

An average umbrella policy is basically an add-on to the policies you already have. This means it covers above what your normal policy covers. Bodily injury, personal injury, property damage, and landlord liability is what an umbrella policy more commonly covers. Umbrella policies don’t cover things like business losses, written or oral contracts, personal belongings, etc.

How Does an Umbrella Policy Work?

As mentioned above, an umbrella policy kicks in when your normal policy isn’t enough. It acts as a band-aid of extra coverage just in case your usual policy isn’t enough. For example, if you were in a car accident that was your fault, and the other party was injured in the incident, your normal car insurance will cover up to a certain amount. However, if something happens and the case ends up calling for more than your car insurance will cover, the umbrella policy will begin covering the amount that went beyond the coverage of your normal car insurance.

Perspective

Many people think having an umbrella policy isn’t worth it. However, here is a scenario to put it into perspective. Car insurance policies will only cover so much and you can’t purchase any more than their highest limit. Therefore, the only way to get extra coverage is to go for an umbrella policy. When personal injury cases are presented, aspects such as lost wages, grief, etc. are covered outside of the cost of medical bills for the injury itself. Say you hit a doctor and he sues you for lost wages on top of everything else. You could be looking at a million-dollar payout for damages with your car insurance only covering $500,000 of that. If your insurance doesn’t cover it, the judge and jury won’t care. You will still have to find a way to put the leftover damages amount. This can result in garnered wages, loss of property, home, other belongings, and more.

Umbrella policies aren’t necessary or required by law. However, they can prove to be quite the backup in such a sue-happy world. Umbrella policies commonly can be purchased in one million increments for up to five million in coverage.

Car Accidents SettledEven if you have been involved in a car accident that apparently did not result from your fault, you have to understand that when it comes to compensation, your insurer is going to try very hard to get away without paying the full amount you are entitled to. Their plan is to complicate the claim settlement process, get you worn out, and force you to settle for as little as possible. The aim of this article is to equip you with the necessary information with regards to the car accidents claim process, how you could make your claim stronger, and how the claim is eventually settled.

Car Accident Claim Process

When car accidents happen, it is tough times for the parties involved. The accident claim against the insurer for the damages only make the bad situation worse. There are a number of issues that the victims or their loved ones have to deal with. These include litigation, medical expenses, claim adjuster, and repairmen among others. However, a proper understanding of the car accident claim process can reduce significantly the amount of anxiety that comes with such unfamiliar events.

The affected party has to understand several aspects of the claim process to reduce the unease during the hectic process. It is imperative to appreciate the fact that apprehension is almost natural when car accidents occur. If you ask any American motorist how good they are at driving, the answer is most likely going to be “very good.” On the other hand, if you ask them how others drive, you are likely going to get negative answers. All in all, statistics show that about 20% of all motorists in developed countries have been involved in car accidents in the recent years, but in almost all the cases, the drivers are a pain to absolve themselves of any wrongdoing. Thus, it is essential to go thoroughly into the causes and then proceed with maximum caution throughout the car accident claim.

Once the insurer is notified of the occurrence of a car accident, a representative of the insurance company is assigned the task of handling the claim. The first thing the investigator does is to find out if the insurance policy is valid and whether the loss or the damage is covered under the policy. The next step involves the interviewing of the parties involved and preparing a comprehensive report covering all witness statements. This step is critical because it establishes the party that is responsible for the losses incurred. Once the liability is fixed and it is established that the insurance company is responsible, the claim adjuster will evaluate the

damages on the car (or the damages that the car has caused) and the extent of bodily injuries if any. However, it is important to note that the insurance company is only responsible for the covered losses. Any damages beyond the purview of the accident will not be covered. It is also essential to know that medical information will play an important role in determining the amount that the insurance company will pay in settling a car accident claim.

How to Make your Car Accident Claim Stronger

As noted above, insurance companies will stop at nothing to ensure that the amount they pay you for car accident claims is as little as possible. To make sure that the claim is strong, you have the responsibility to prove that the accident happened due to the negligence of another party. Thus, the burden of proof lies squarely on you. It is, therefore, important that you collect as much information about the accident as possible. For instance, you have to get the details of the other party; record their address, their car number, their phone number, their insurance policy number, and even the type, the color and the plate number of their car. Also, get the contact information of the eyewitnesses. You can also take photographs of the accident scene. In case you are injured, get a medical report from your doctor. In a nutshell, the more facts you have to support your claim, the higher the payoff you are likely to get.

How the Claim is eventually settled

Most insurance companies are using complicated computer programs to calculate what they should pay for a given car accident claim. Their idea is just to legitimize the meager amounts they are willing to pay. It is, therefore, imperative to get the assistance of a car accident attorney in Mesa who understands car accident claims settlement properly. Remember that if you accept what an insurer is offering, there is no way to reverse the decision. Thus, if you are not satisfied with what your insurer is offering, it advisable that you file a lawsuit, and go to court for a legal determination as to how much what you are entitled.

Additional Resources For Car Accident Settlements & Claims

Contact Schenk Podolsky Attorneys at Law today, your Arizona Injury Lawyers in Mesa and Phoenix.

We are conveniently located off the U.S. 60 on Baseline Road between Val Vista and Greenfield in The Gateway Executive Suites.

Email Us: [email protected]

Phone: (480) 757-5000

Fax: (480) 471-5181

Hours of Operation

Monday: 8:00 am – 5:00 pm
Tuesday: 8:00 am – 5:00 pm
Wednesday: 8:00 am – 5:00 pm
Thursday: 8:00 am – 5:00 pm
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After a traumatic incident occurs, it can be difficult and even confusing to know what the next step is, if any. It’s common for those involved in traumatic incidents to lack proper information into the rights they possess. Knowing what rights you have can help incidents like a traumatic brain injury, feel a little less overwhelming. If you or a loved one has gone through this experience, here is a bit of information on your rights and the steps you should take during the process.

Your First Steps

If you hit your head and there are symptoms arising afterwards, seek medical care as quickly as possible. Even minor head injuries can be quite serious and cause other issues if left untreated. Further, if your incident occurred at work, in a car accident, or other place where someone may be held liable, getting medical care will provide proof of the injury and help with the timeline of events. Sometimes, incidents may occur that do not involve the liability falling on another person. However, brain injuries can be a life-changing event and are often caused at work, in car accidents, etc. This means you shouldn’t be the one to handle all the burdens a brain injury can lay in your lap.

Contact an Experienced Lawyer ASAP

It can be common for people to move quickly in order to protect themselves when it involves an incident they may be liable for. This is why it’s important to protect your rights as soon as possible. Bringing in an experienced lawyer as soon as everything starts to happen can ensure things are handled properly from the beginning. An experienced attorney can ensure your rights are protected and followed to the letter while you go through such a burdening event.

Listen to Professional Advice

We often times want to argue with our doctors and lawyers about certain matters. Sometimes this is warranted however, other times we need to listen to the professionals. We hire them for a reason and it’s because they know what they’re doing. This means you’ll want to follow the treatment and medical plan given to you by your doctor. Some hiccups can occur if a patient during a case doesn’t follow a treatment plan. Further, listen to the tips your attorney will offer you. For example, he/she might tell you to avoid discussing matters freely on social media or with friends and family. This often can also cause hiccups and make the process harder or longer. It’s important you stay aware of your actions and think about how those actions can interfere with your case.

If you or a loved one have experienced a traumatic brain injury, contact an experienced attorney as soon as possible. Not all incidents involving brain trauma require cases however, many do and you’ll want to make sure your rights are covered.

 

The bikes of our childhood got a new look and come back in an electric version in our cities, our roads, our sidewalks, and our cycle tracks: it is the electric bike. What happens in the event of an accident?

More and more electric bikes but also more and more electric scooters.

If you suffered injuries on an electric bike, then you may be eligible to file a lawsuit against the electric scooter company. You might also be eligible for a class action. There are currently multiple class action lawsuits pending against scooter companies, including Bird Rides, Lime Bike, Skip or Spin. An e-scooter accident lawyer can help you explore your options.

What You Need to Know About the e-Scooter Class Action Lawsuit

There are several cases that could arise:

  • The pedestrian victim hit by a scooter

This is the simplest case since the scooter driver without motor is also considered as a pedestrian. As you can see, when it comes to the scooter driver without a motor, even if he is considered to be a pedestrian, he remains at fault and the pedestrian victim who has been knocked down will have to be compensated for all his injuries. Compensation to the victim pedestrian will be done through the liability insurance of the scooter driver without an engine.

  • Pedestrian struck by an electric scooter (homologated and not homologated)
  • The driver of a scooter hit by a motor vehicle
  • Case of a motor vehicle crashing into an electric scooter driver
  • The driver of a scooter hit by a pedestrian
  • A pedestrian who hits an electric scooter
  • The driver of the electric scooter must also wear a helmet and above all to be insured (more and more insurance vehicles offer specific insurance for new means of transport).

Scooter companies, such as Bird and Lime, are currently facing personal injury and class action lawsuits. Many of the plaintiffs in these cases have the following similar complaints:

  • -The defendants contributed to injuries suffered by multiple plaintiffs.
  • -The defendants were negligent in dumping scooters along public streets without notice or authorization.
  • -The defendants failed to take action to eliminate the hazards and risks they imposed on the public.
  • -Bird’s and Lime’s safety instructions did not satisfy reasonable safety standards.
  • -Bird and Lime breached their warranties, thereby, building scooters that are not suitable for repeated public use.

If you have suffered injuries from an e-scooter and you are seeking compensation for your losses, you may be entitled to the following damages:

  • Hospital bills or other medical expenses
  • Pain and suffering
  • Emotional turmoil
  • Lost pay or future earning capacity
  • Pain medication and other prescriptions
  • Long-term disability, rehabilitation, or additional future medical costs
  • Loss of consortium

What you can claim depends on the circumstances of your accident, your total losses, and if you can establish that an e-scooter company is responsible for your injuries. Our lawyers can help you establish liability and case value to get you the compensation you deserve.

Minor Workplace accidents can leave a big impact on your business. Between the paper works, medical bills, productivity, all the workers’ compensation paperwork, and the low morale the costs are high. Preventive measures are the best way to avoid an injury. Re-invent your workspace with some of the following tips and protect your workforce.

Incorporate a safety and wellness plan

Effective prevention program can be an environmental-work solution and a foundation for safe work. A plan needs to cover all levels of employee safety and health with the encouragement to report hazardous practices and sometimes behavior. The wellness plan for your employees will have a positive impact on a relationship among the people.

Conduct-pre-placement physicals

Some types of accidents are caused by inexperience and the inability to physically perform the position required. Screening applicant can help you determine your location matching physical capabilities that are needed.

Educate employees and management staff

Continually representation of a safety standard among employees and management can help them slowly process workplace safety on another level. Train employees about the importance of following safety measures as often as possible. Some extra workout can help body mechanics to reduce strain injuries, and keep employees safe during lifting and moving (if the job requires physical work)!

Research safety strategy for your type of business

Every niche is different. Every company is unique. There are no universal safety features for all the businesses out there.  Pay extra attention to common accidents and try to develop strategies to keep these setbacks from happening.

Provide protection equipment

Personal protection equipment is very important; it should be present at hiring and meetings. With little extra monitoring, you can make this work.  Take time and teach your employees how to properly manage goggles, face protection, hats, gloves, earplugs and safety shoes.

Have adequate staffing levels

More often, overtime hours are always out there, because of low staffing levels. Overworking is a double-edged sword and employees may suffer from exhaustion and cut corners to meet or exceed output. Hiring seasonal staff or part-time staff could help prevent accidents due to exhaustion.

Shortcuts are the wrong cuts

An accident can happen to anyone occasionally. The employee can skip steps to complete a job ahead of schedule. Make sure all instructions are clear and organized to prevent undue mishaps in the workplace.

Maintain all company  vehicles

60 billion dollars per year is the sum that employers collectively pay per year according to the Occupational Safety and Health Act. Maintenance should include monthly inspections and repairing vehicles as soon as possible.

Monitor Safety measures

After initial training, try to reinforce safety measures when the opportunity arrives. Staff meetings, educational seminars, supervision, etc. Reward employees who abide by setting standards as a good example.

Keep an orderly workplace

Poor housekeeping can cause serious health issues and safety hazard. Hygiene prevention is always required. The layout of the workplace should have adequate footpath markings, be free of debris, and stations for cleaning up spills.

Liability Car Insurance Arizona

The state of Arizona has a unique condition regarding the legal requirements. The driver must have financial responsibility for damages that may occur during the accident. One of two forms needed is proof of liability insurance or Certificate of deposit of  $40,000 assigned to the Office of the Arizona State Treasurer. This proof is required as you became the citizen of Arizona.

Arizona residency is determined by the following:

  • Working in the state of Arizona
  • Being in Arizona for at least 7 months in one calendar year
  • Registering to vote in Arizona
  • Owning a business in Arizona with in-state vehicle
  • Paying in-state tuition for yourself or your children

Optional types of coverage can save you money, in addition to liability insurance. Arizona car insurance to provide this offer!

Proof of Financial Responsibility

In the state of Arizona, you must prove your financial responsibility, meaning you must have money covering the possibility of an accident. If you are caught driving without proof of car insurance, you can get a minimum $500 fine and license/registration suspension for three months. Subsequent violations may result in I higher penalties.

Liability Insurance

You must carry liability insurance to prove your financial responsibility through auto insurance.

Liability insurance helps you pay for damage to others (Property and injuries )in an accident for which you are found at fault.

Liability Coverage in Arizona:

  •    Bodily injury coverage:

o    $15,000 per person.

o    $30,000 total per accident.

  •    Property damage coverage:

o    $10,000 per accident.

If you determine that you need great auto insurance, you can increase your limits and add optional coverage.

Self-Funded Insurance option

You can assign deposit (CD) account to the Office of the Arizona State Treasurer, opt out your insurance by keeping $40,000 in a certificate of that deposit you can get more information by contacting the Arizona State Treasurer’s office at (602) 542-7800.

Optional Car Insurance in Arizona

Insurance agents can offer you a variety of optional insurance coverage types that provide further protection:

Common types include:

  • Fee for Damages to your vehicle that you cause-collision coverage
  • Fee for Damages to your car caused by external factors like theft, whether or wildlife- comprehensive coverage
  • Fee for Damages or injury caused by drivers without auto insurance, or whose insurance limits do not cover your costs –  Uninsured & underinsured motorist coverage.
  • Additional coverage to pay medical expenses- Medical payments coverage
  • Additional fee if you need to rent a car after an accident- Rental reimbursement coverage
  • Pays for repairs and replacements to your windshield and other glass-  Full glass coverage
  • Collision Coverage and comprehensive coverage may be required if you are leasing or financing your car!

 Arizona proof of Insurance:

  • Your car is registered in Arizona.
  • A police officer stops you.
  • You are involved in a car accident.

Accepted forms of proof of insurance:

  • Auto insurance policy copy
  • An image of your insurance card on a mobile device
  • An insurance card from your Arizona car insurance company.

Medical Misconduct Must Be Properly Reported

Mistakes (or carelessness) in treatment and unsafe practices at health care facilities can have a colossal impact on patient welfare and the overall efficacy of the health care system. Patients are completely at the mercy of this system to care for them in their hour of need. So, It is important that any mishaps be properly reported so that regulatory boards can reduce the likelihood of future errors by and limit the practices of repeat offenders.

First and foremost, all medical errors should be reported to a state’s medical complaint board. Keep in mind that the process of filing a report and the subsequent proceedings vary significantly by each state. Essentially, the patient seeking to report mistreatment will fill out a form identifying all of the relevant parties and describing the mistake that occurred, as well as any harm that resulted from it.

The purpose of filing a report with one’s state medical complaint board is to provide the professional medical community with information that a doctor or hospital is not meeting the standards of the profession. But a patient might also want to notify the general public of the mistake so other patients under the same care can avoid the doctor or hospital.

Now, when it comes to the information needed to file a report, a patient does not need to submit a medical opinion clearly indicating that a mistake was made in order to file a report when something goes wrong in the provision of care. When a patient believes that a mistake was made, a report should include as many details and as much firsthand information as possible but leave out medical jargon if possible.

Just because a state board may agree with your report doesn’t mean you will win a malpractice case. It is critical to understand that filing a report does not initiate a medical malpractice lawsuit in case you do eventually plan on filing. A report filed with the state board can only affect the ability of the doctor or hospital in question to continue practicing medicine. The true purpose of the report is not to compensate the patient for harm caused as a result of the mistake, but to prevent it happening to others.

What To Do After A Truck Accident?

 

  When involved in an accident that involves a large commercial truck or another large industrial vehicle, it can be a horrific experience for everyone involved, no doubt about it. The victim struck by the large commercial vehicle can be severely injured or killed due to the size and mass of the truck. If you or your loved one was involved in such an accident, let us help you navigate the legal process and what to do.

  For victims of a truck collision, the scene of the accident can be overwhelming. With so much happening you can forget what you need to do. But keep in mind, it’s important not leave the scene immediately, but of course, stay put until police or other authorities have arrived. Particularly in collisions where someone is injured or killed, it may be a criminal offense to leave the scene without reporting the accident.

  Never try to move from your vehicle if you are injured in an accident, but instead wait for first responders to arrive so you don’t injure yourself further. If someone else has been injured in an accident scene, don’t move them until first responders arrive, unless of course an imminent threat requires moving them. Immediately call 911 for police and medical assistance after checking to see if anyone is hurt.

  Without revealing any details about your insurance policy or admitting fault to anyone other than your insurance provider, be sure to collect the following information:

  • Names of drivers or nearby witnesses along with their phone numbers, addresses, email addresses, and insurance information.
  • Be sure to obtain details of both the truck driver and their employer.
  • Location of the accident.
  • Take photos of the accident scene and all vehicles involved. Any damage shown, TAKE A PICTURE.
  • Police report number, phone number, and the officers’ name and badge number.

  While seeking medical attention from any injuries sustained by the accident, document all names, dates, and specialties of any doctors, specialized medical practitioners, or chiropractors that you seek treatment from. Compile the bill for all your medical expenses.

  If you or your loved one has been injured in a commercial truck accident, you must seek the help of an attorney with ample experience handling truck accidents. They will know all about the detailed federal and state regulations that trucking companies must comply with. If you want to win a truck accident claim and get the peace of mind you deserve,  you’ll need a lawyer who has a thorough understanding of the laws and regulations that may apply to your case.

A wrongful death claim is based on a statute, that permits a civil lawsuit by the heirs of a person who was killed by another person or entity’s wrongful or negligent act. This article discusses what a plaintiff must need to prove in order to win a wrongful death case based on a defendant’s alleged negligence. But what is considered a “wrongful death”? Well, negligence is considered a Wrongful Death Case.

Although the damage done in a wrongful death case will be different from those available in a standard negligence case, a plaintiff will always need to prove the same elements in either kind of lawsuit. These elements include duty, breach of duty, causation, and damages.

Proving Duty

For a defendant to be liable for negligence, the defendant needs to have owed the decedent a duty of “due care.” Though the exact definition of due care will vary depending on the facts of the case, it is essentially the duty of the defendant to do something to keep another person safe or refrain from causing harm to another person. In a wrongful death case, it’s the judge, not a jury, that will decide if the defendant owed a duty of due care.

Proving Breach of Duty

If a duty is determined to exist, the plaintiff must present all evidence that the defendant breached that duty. Let’s say the plaintiff presents evidence that the defendant was not paying attention to the road when they struck the decedent. Failing to pay attention to the road is not something a reasonably prudent driver would do, and by doing so, they breached the duty of due care in this particular situation.

Proving Causation

The plaintiff then needs to prove that the breach of duty actually caused the decedent’s harm. Using the same example above, the plaintiff must prove that it was actually the defendant’s car that struck the decedent and not some other vehicle.

Proving Damages

Along with breach of duty and causation, the plaintiff must finally prove that the decedent actually suffered damages. In a wrongful death case, if breach of duty and causation exist, damages will be presumed for obvious reasons.