As seasons change and various weather patterns come and go, new accidents and dangers present themselves. It’s common for some types of accidents to happen more often during certain seasons than others. One season that is popular for housing a large amount of accidents is summer. Kids are out of school, families are going on vacation, and people are more active than usual. This all is a recipe for fun and memories, but it’s also a recipe for accidents galore.
Pool or Water Accidents
Of course, you had to know this was going to top the list. Water is a large focus of fun when it comes to summertime games and time killers. However, water can be dangerous with slips, falls, head injuries, drowning, etc. Drowning is the fifth leading cause of death with a fifth of those accidents being children under the age of 14. Pools, lakes, and the beach can be a blast, but be sure to take as many safety precautions as possible to keep you and your family safe.
As mentioned above, summer is a great time for getting active and many people utilize their fun in the sun for sports. There are many summer leagues involving sports for children as well. A sport injury can be anywhere from a sprained ankle to head trauma. Sports can leave a window of uncertainty open on when or how a child could be hurt. Be sure to have all the proper safety gear in place for your child and get regular checkups to ensure there are no hidden issues that could arise from their sports involvement. Of course, don’t forget that adults aren’t exempt from sports injuries as well and should be cautious and not overlook safety guidelines suggested for the sport they’re involved in.
Bicycle and Motorcycle Accidents
When it comes to summer, there’s a lot of traveling occuring. On top of this, people like to utilize various modes of travel that aren’t possible or as popular during the cooler months. This includes mopeds, street bikes, motorcycles, bicycles, etc. These types of transportation have to share the road with motor vehicles which can get dangerous at times, especially in heavy traffic. With as busy as people are during the summer months, crashes involving these types of transportation tend to go up in number. Be careful when driving and sharing the road with these modes of transportation and ensure you’re wearing and covering as many safety precautions as possible if you operate one on a roadway.
As mentioned, the amount of travel people are doing goes way up when the summer months hit. Due to this, the amount of car accidents also rises throughout summer. Be aware that you’re not the only added traveler when summer hits and prepare/e aware of extra drivers on the road.
It’s always smart to observe safety parameters during any activity we might be involved in. This doesn’t just go for summer, but throughout the year. However, the accidents listed above are prone to happen more often and frequently when summer hits so, it’s good to be aware of this timing and up the awareness to compensate.
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.
When you or a loved one is seriously injured in an accident or due to another’s negligence, it is important that you seek quality representation from a dedicated legal staff. Our attorneys understand that the legal process can be daunting and overwhelming. By interviewing any witnesses, ensuring that your injuries are well documented, and standing up for you in front of insurance companies, we make sure that your case is thoroughly handled.
If you or a loved one has been injured in an accident that was caused by someone else’s reckless behavior, we can help you file a claim in pursuit of maximum compensation.
In a personal injury case, you may be entitled to receive compensation for your medical expenses and lost wages, as well as punitive damages for your pain and suffering. Additionally, if you suffered the tragedy of losing a loved one in an accident caused by negligence, you can pursue compensation and justice in a wrongful death claim.
It is important to remember that in Arizona, most personal injury claims must be filed within two years from the date the injury took place. Do not delay in securing the legal representation you need!
Calculating Your Personal Injury Settlement
Suffering a personal injury can have devastating, long-lasting effects. Recovering from physical pain is only the tip of the iceberg. Rehabilitation, loss of wages from missed work, loss of personal property, disruption of your daily life, stress and worry all weigh heavily on victims. It is the magnitude of the sum total of all of these factors that must be considered when attempting to quantify the amount of personal injury compensation.
Special Damages – Bills and Financial Costs
While every case is different, courts and insurance companies both must use some sort of equation to determine how much a personal injury claim payout should be. In order to find the right number, they must gather a straight-forward, objective list of all expenses incurred from the injury first, then add in the more subjective factors to arrive at the final compensation amount.
The first part of the equation is simple. A sum total of every provable financial expense that was a direct result of the accident or injury is calculated. This number usually includes, but is not limited to:
- Medical Bills
- Damaged or Lost Property
- Cost of Medication
- Hospital Stay
- Lost Wages
- Cost of Medical Equipment
- Expenses Paid Out of Pocket
Once these items are added together, that gives you a starting dollar amount. These items are the first half of your overall Damages. Some courts refer to these quantifiable dollar amounts as Economic Damages, Medical Special Damages or even just “Specials.” This number is straight-forward and easy to prove.
General Damages – Pain and Suffering
The other half of the equation is harder to pinpoint because of it more difficult to assign a dollar amount to emotional turmoil and pain and suffering. The term General Damages encompasses all of the more subjective sufferings as a result of your injury. These General Damages can include:
- Emotional Turmoil
- Physical Pain
- Disruption of Daily Lifestyle
- Loss of Enjoyment
- Loss of Consortium
- Recklessness or Gross Negligence (for injuries resulting from another party)
Each Case Is Different
It is important to note that every case is different and many insurance companies will not want you to know that they are using a formula like this one to calculate your payout. It could work to your benefit to have this information, but not share it so the other party will not know if you value your own multiplier as less than they would.
Your best bet is to hire a Personal Injury Lawyer who can help you gather the information you need to accurately calculate and argue for your highest compensation payout.
Many different types of personal injury cases can be classified as premises liability cases, including:
- fires, explosions or electrocutions;
- negligent security at hotels and bars resulting in violent crime;
- porch or other structure collapses;
- elevator and escalator injuries;
- injuries at camps, health clubs, and places of amusement;
- injuries at swimming pools;
- injuries from snow and ice;
- dog bites and other animal-related injuries;
- defects in stairways and walkways resulting in falls;
- slips, trips, or falls in stores or supermarkets;
- mold or other toxic injury;
- injuries to tenants and their guests in rented space or common areas;
- slip and fall cases;
- snow and ice accidents;
- inadequate maintenance of the premises;
- defective conditions on the premises;
- inadequate building security leading to injury or assault;
- elevator and escalator accidents;
- water leaks or flooding, and
- toxic fumes or chemicals.
Premises liability cases include a wide range of fact scenarios. Even dog bite cases fall under the umbrella of premises liability because they involve an unsafe condition on someone’s property (the presence of a potentially dangerous dog).
Here is how a premises liability case works:
The first steps in your case will be for your attorney to investigate your accident. He obtains evidence proving the other party’s negligence, and collect your medical records, medical bills, wage loss documentation, and other proof of your damages. This will help him to evaluate the strength of your claim and how much your claim is worth.
Maximum medical improvement
Your maximum medical improvement is the stage in your medical treatment where you have recovered as fully as possible. You need to reach this stage before moving on with the settlement of your claim to be certain that you know your prognosis and what future medical and wage loss damages you will incur. This is so that these amounts are included in the settlement.
Your attorney will send a demand package to the insurance adjuster outlining the other party’s negligence, your injuries, your medical treatment, and the amount you are entitled to in settlement. Then there will be a period of negotiation where your lawyer would try to settle your claim without the need for litigation.
If your attorney is unable to settle your claim or the statute of limitations to file a lawsuit is about to expire, he will file a complaint and litigate your case. Once the answer to the complaint is filed, your attorney will engage in a lengthy discovery phase where written questions are answered, documents are provided pursuant to requests for production of documents, and depositions are taken. He will also try to settle your case at various times, and at some point it will most likely be resolved. If not, your case would be decided at trial.
Like anything in law or life in general, getting to a successful result in a premises liability case is not always simple, and it certainly should not be viewed as simple by your personal injury lawyer. Successful prosecution of a property-related accident case requires knowledge, resources, and experience in the multiple legal specialties and sub-specialties involved in bringing such cases.
If you’re considering a personal injury claim, you will face a time-consuming process. Not to mention it can be complicated and confusing. An experienced lawyer can help you and most important, explain you the whole process so you won’t feel any additional stress. There are some necessary steps, but the unique factors of each case can impact each step. Still, we will sum up the process of some more basic steps that may happen during the claim process!
Consult with an attorney!
The first step is to determine if you have a valid claim, the types of damages you may be entitled to, the extent and severity of your injuries, and your legal options. The statute of limitations in Arizona is two years. Therefore, the period is two years from the date of the injury to file a lawsuit.
Investigating your claim!
Before you go any further, the legal team should investigate your claim. Angkor’s, after you hire an attorney. The investigation process can include medical records, cell phone records, police reports, the accident scene, witness testimony, etc. Depending on the type of case, the legal team may also need to talk to expert witnesses, even accident reconstructionist.
Filing a Demand
After the process of gathering the evidence, your attorney will file a demand for a settlement. The demand letter will explain your case, including liability and damages you, the plaintiff is demanding. The defendant will review the letter – it can be rejected or denied, or there could be a counteroffer!
Filling a lawsuit
If your injury lawsuit cannot be settled, your attorney will file a personal injury lawsuit on your behalf. The discovery phase begins after a lawsuit has been filed. Both parties will obtain evidence from each other and evaluate how is case build on both sides. It will also determine how will the situation be treated and prepared on trial.
Mediation or trial
Keep in mind that most cases are settled before trial. However, at any point in the personal injury claim process, the parties can resolve. This means that the case can be settled just before the case goes to trial.
Arbitration or Trial
Arbitration is considered a type of alternative dispute resolution taken outside of court. It’s not formal as a trial. Instead of presenting a case to judge, the parties dispute in the form of an arbitrator-who is a non-partisan third-party. Depending on the type of a claim you have, arbitration may be required. Arbitration clauses can be found in some agreements, like a nursing home or cell phone contact.
If you don’t go thru arbitration, mediation may be completed before the trial. Both parties will avoid going to trial in the attempt of mediation. During the process, your attorney will work on your behalf for a fair settlement. If the process of mediation doesn’t result in an agreement, then, the next phase is trial. During this process, a jury or a judge will evaluate the facts, and determine fault, and award if they rule in favor of the personal injury victim. Trials can be expensive and time-consuming, which is why many cases are settled before the trial.
Product- What you need to know
Once the product is already in the marketplace, there’s an expectation that the item is free of defect and safe to use. However, in some cases, compounds, devices, and systems are insufficiently tested. Product liability is an area of the law that deals with problems once the product Is in the marketplace and some harm is done.
Understanding Product Liability Lawsuits
Product liability involves wrongful action and hazards toward the everyday user, explicitly done by producers and manufacturers. There are no federal product liability laws. The lawsuits are based on state laws that deal with strict liability, negligence or breach of warranty. State commercial statutes can be applied in product liability cases.
Liability for an injury caused by a product does not apply to the manufacturer of the product. The production chain(distribution of the product) can be helped liable, such as the manufacturer of parts of the product, the company that installs or assembles the product, as well as retail outlets. It depends on the distribution chain type and the product. This standard applies to anyone who is involved in producing the product in the ordinary course of business.
Types of Defects
These are three basic types of defects that may be involved in a liability case:
- Design defects- this problem occurs when there are errors in the final design of a product that should have been changed in the initial steps of creating it
- Manufacturing defects- This condition occurs during the manufacturing or assembly process
- Marketing defects- Insufficient safety warnings, improper labeling or inadequate instructions may have caused an injury or death.
Determining responsibility for the Injury
There is a legal doctrine “Res ipsa loquitur” which means “the thing speaks for itself,” meaning that the product would not have caused an injury except for the actions of the user. Manufactures is often required to defend itself against a liability claim, but attorneys can also turn responsibility onto the plaintiff in the case. That means in this case that the plaintiff is required to defend his or her actions in the product incident.
Breach of Warranty
A warranty is either “express” or “implied” and is used to denote promises made by the manufacturer. Express warranties include wording used in marketing, packaging or instructional materials included with the product. An implied warranty is used to denote the reasonable expectations of an individual purchasing the product.
It can imply failure of action in design, the composition of elements(materials) the manufacturing process, in testing or in communication regarding its safe use. Any aspect that affects the product’s safety can be considered negligence.
Requirements for a Product Liability Lawsuit
These are specific actions that can affect the outcome for the injured party. To file successful product liability, you need :
- Stop using the product immediately
- Save the product
- Consult a physician and give information about the product that causes it
- Retain all packing supplied with the product
- Gather witnesses
- Research your state’s statute of limitations on product liability cases and other requirements
- Consult with an experienced attorney
Mass Transit Personal Injuries
The number one serious cause of injuries and deaths is always going to be transit related. Year after year, the statistics for transit-related casualties rank high, with hundreds affected in the United States along last year. This of course includes all types of mass transportation: taxis, buses, ferries, subways, and trains. Each accident case has several factors playing into it, therefore it takes careful delegacy to handle them.
Sure, the state and federal laws regulate most public carriers very closely with laws that hold carriers to a very high obligation of care to their passengers.
These laws force common carriers to take special measures in avoiding injuries to passengers:
All entryways and exits are open and safe
Security is provided where necessary
Qualified personnel operating the vehicles
Vehicles are maintained and up to code
But with millions of average people using them at daily, anything can happen. Think of how many hundreds of people utilize the subway system in New York City alone every day, let alone the bus and taxi systems in that same city? Each citizen places trust in their transit and needs to feel safe. But once an accident happens, all that trust and feeling of safety can be forgotten. This can have lasting effects on someone who’s been in a transit accident, and they need someone to help fight for what is owed to them.
If you or your loved ones have ever been injured in a mass transit accident, you want to seek an experienced personal injury attorney who will fight to protect your rights and pursue compensation for what you endured. Most mass transit systems are operated by governmental agencies and require special care when taking them to court. You wouldn’t walk into something you’re not prepared for, so why not prepare yourself with an attorney who knows how to save you?
Social Media’s Evidence Role in Personal Injury Cases
Social media has changed the way society functions in everyday life; many individuals feel the need to snap that morning picture of their breakfast on Instagram or follow whatever their favorite celebrity is doing on Twitter, but social media has also changed the game for defense lawyers when it comes to digging for evidence. A large amount of social media users fail to realize that someone else, besides friends and followers, can be viewed all their content to use against them.
It doesn’t matter what you think your privacy settings are set to or how you ‘know’ who your followers are; if you’re in the process of a personal injury claim there is still good ol’ word-of-mouth that can throw all of the work that you’ve done away in moments.
This doesn’t mean you need to live like a hermit and shut yourself off from the world during a personal injury claim. Just remember that every action you take, whether in the real world or online, can have long-lasting consequences. Anything can be used against you even if it isn’t necessarily wrong. It’s always wise to keep a low profile and be mindful of what you post until your claim is determined.
Try to keep these tips in mind during a personal injury claim process:
Make No Statements
– Do not discuss your personal injury case or the situation in which it happened on any social media platform.
Think Twice Before Posting
– Always think of the possible outcomes that could come from anything you post on your social media. No matter how unrelated to the case it may be, it can be:
- Misconstrued – whether or not you believe you are clearly explaining your case, what you say can be easily intentionally misunderstood and presented in a light that is harmful to your case.
- Taken out of context – similarly to the above-mentioned issue with posting on social media, what you write on social media can be readily taken out of context. With a bit of a trim here and a bit of an edit there, your internet tirade against the party that injured you will rapidly turn against you and harm your case.
- Used against you – This should go without saying. Everything you say can and will be used against you doesn’t just apply to word of mouth; it includes your social media diatribes.
It’s Not Just About You
– Every case isn’t just about just the plaintiff and the defendant. Everybody in your life and theirs is roped in, including friends, family, neighbors, witnesses/community, your best friends, that one-second cousin who follows you on snapchat that you haven’t seen in years. Anyone can be a part of this case.
Types of Personal Injury
Different kinds of situations can give rise to personal injury lawsuits. One party’s intentional or negligent act may harm another party. However, not every case where a person has sustained injury will lead to liability. Personal injury law allows an injured individual the opportunity to press charges and get compensation. Here are common types of personal injury cases:
Auto Accident Cases
Auto accidents give rise to the majority of personal injury lawsuits in the United States. 2016 data estimates that almost 40,000 people lost their lives in auto accidents. Usually, these accidents occur because a person does not follow the rules or has not been driving as carefully as they should.
A careless driver may be liable and held financially responsible for injuries that occur during the accident. In some “no faults” states, drivers collect from their insurance companies except in cases where the injury is severe.
If a medical professional or such other health care professional fails to provide reasonably skilled care, a patient may suffer harm. A medical malpractice claim can arise, and the patient may receive compensation. Medical malpractice cases can be complex; it is best if a person hires a lawyer for representation.
Slip and Fall Cases
Property owners have a legal obligation to ensure that their premises are reasonably safe and free of hazards. People who slip or fall and sustain injuries while legally on the property may sue the owner. But not all injuries occurring on the property may lead to liability.
The nature of duty a property owner or landowner has may be different in each situation. The law in the state where the injury happens determines the exact nature of a property owner’s duty. Slip and fall lawsuits are based on premises liability laws.
Most of the time, the owner of an animal such as a dog that bites and injures another person is financially responsible for such personal injury. The exact laws involved may vary from state to state. Sometimes, strict liability rules will apply even if the animal’s owner argues that their dog has not shown aggression in the past.
Some states have “one bite” rules — the dog owner only becomes liable if they ought to have known their dog was likely to bite. Such a law would apply where the dog has a history of bites.
Dangerous or defective products can harm consumers. A person who buys a product that fails to perform to expectation but causes no harm is not likely to succeed if they sue. Warranty will usually resolve such an issue. The consumer may also have the option to return such a product and get a refund. But a person who has sustained an injury after using a defective product may have a personal injury claim.
Personal injury cases can be complicated. It is advisable that an injured party uses the services of a competent lawyer. Experienced lawyers have dealt with different types of personal injury lawsuits. Such lawyers focus on winning their clients the best possible outcome in their specific situations.