Dealing with Personal Injury Claims

Dealing with personal injury cases can be quiet the pain, most often it’s a lot easier to avoid them when possible. Trying to find the best personal injury attorney to take on your case after an incident occurred can be daunting at times. Finding the right lawyer to see things through to completion and get you adequate compensation for your injury can seem impossible sometimes. Exercising caution in the home, outside the home at in hazardous working conditions helps avoid these difficult circumstances.

Be Safe

Accidents will always happen, but being cautious and aware helps to mitigate the risks we encounter on a daily basis. Around 70,000 pedestrians each year are involved in auto accidents, every time the liability will fall on either the driver or the person walking down the street or both. No matter what side you happened to be on, most likely you will suffer serious financial, physical or mental damages so it pays to be safe when it’s possible.

 

Be Aware

Needless auto accidents happen when drivers ignore crosswalks or are distracted texting or talking on the phone. These accidents happen when pedestrians jaywalk and decide not to use crosswalks properly. These accidents happen when drivers drive intoxicated on drugs or alcohol or when they try to pass busses on the road. Many accidents happen from people trying to work on their car while on the side of the road.

 

Driving the speed limit in neighborhoods and keeping your eyes on the road are imperative in order to avoid costly mistakes while behind the wheel. There is a fine line between criminal charges and personal injury claims, either can be a result of a simply mistake that can be akin to gross negligence. It’s important to understand strict liabilities when you are out and about or have others safety in your hands.

Injury Claims and Preexisting Injuries

It’s important to tell your personal injury lawyers if you have preexisting injuries because they may affect the outcome and viability of civil action access. Many times the defendants’ insurance reps will raise opposition to the plaintiff’s claims if there are preexisting injuries involved. How the preexisting injuries are handled will dictate whether or not the plaintiff is awarded compensation for the injuries that occurred as a result for the incident and not before.

 

Full Disclosure

It’s always important to disclose any preexisting injuries or conditions to your attorney in your initial meeting so they can properly prepare the case. Proper disclosure is important so insurance firms and adjusters don’t bias or discount their conclusions if they discover that the initial findings were based on false information. Sometimes preexisting injuries can make a plaintiff more susceptible to injuries than the average person.

 

Being Prepared

This is especially true an a low-impact auto collision, this can give the defense that the preexisting injuries were the primary cause so it’s best to have the plaintiff’s personal injury lawyer prepared well in advance. Telling the personal injury attorney far in advance will enable the attorney to gather and examine any medical records that may bode well for the plaintiff’s case. It’s always imperative to practice full disclosure when filing a personal injury claim, especially when there are preexisting injuries involved.

 

Being honest and forthright with the attorney’s office will help them utilize all the resources they have available that can help the injured party receive a fair compensation for the injury. It’s important to keep records of incidents or injuries if they are reoccurring over occur over a long period of time. It’s always important to consult an attorney as soon as possible if you do think you have a viable personal injury claim.

 

The Right Representation Helps

Getting the right representation from an attorney is imperative if you find yourself in a difficult criminal or civil action situation. Personal injury lawyers can help if you have suffered a physical or mental injury due to someone’s negligence, strict liability or intentional actions. There are several different types of situation where a personal injury lawyer can help your case.

 

Why a Personal Injury Lawyer

If someone failed to take reasonable care and you suffered from that negligence you may need a personal lawyer. Depending on the situation you may need representation for property damage as well. Any time you experience a physical or mental injury in these case you may need a personal injury lawyer. In cases of assault, false imprisonment or battery, you may need a personal lawyer. If a person a firm was liable for a defective service or product that caused you injuries, you definitely need to contact a personal injury lawyer.

 

Types of Incidents

There are a wide variety of personal injuries that can occur, it’s important to know what types of situations quality so you don’t delay in contacting a personal injury attorney. Situations that involve wrongful death, dog bites, sexual abuse railroad incidents, auto incidents, boating incidents, slip and fall incidents, work-related incidents or motorcycle incidents all usually qualify for a persona injury civil case.

 

It’s important to contact representation as soon as possible if you feel the situation you suffered injuries from may qualify. Many of the personal injury laws vary from state to state but most of the time that you can prove negligence or malice and damages; you will be compensated fairly for your personal losses or impediments resulting from the incident. Proving negligence in these civil cases involves establishing duty of care, breach of duty, direct cause and harm.

Does a Personal Injury Case Need to be Filed By a Certain Time?

Whether you’ve been in a car accident, had a slip and fall or were injured by a defective product, you have grounds for a personal injury case.  However one of the biggest mistakes people do is wait too long to file their case, which can make them miss out on badly needed compensation. Here’s what you should do to make sure you file your case on time if you’ve been injured.

 

Check your state’s statue of limitations

 

In the US, it’s common for most states to require a personal injury case be filed within a reasonable amount of time after the date of the injury. This is to avoid claimants who are not legitimate and to make sure that as much facts as possible are available. If you’ve been injured, either seek out the advice of a personal injury attorney or investigate your own state’s statue of limitations, which is the term that’s used to describe the amount of time personal lawsuits need be filed, as they greatly vary from state to state.  If you feel rushed, don’t worry because you can always withdrawal your lawsuit at a later time, you just can’t bring a lawsuit after the statute of limitations has expired, so it’s always better to file early than not and all.

 

When do they begin, and can they be extended?

 

After finding out your state’s statue of limitations, you’ll next need to understand when the statute of limitations begins in your state. In most states, the statute of limitations begins the dates the incident occurs, or the date you knew you suffered personal injuries from the accident.  It’s also a good idea to find out if your state has ever extended the statute of limitations under certain circumstances.  This can be good to know in case your case isn’t able to get to court before the statute of limitations expire.

 

So many people have lost out on money they deserve simply because they didn’t consult a personal injury lawyer soon enough.  Don’t let this happen to you, and always make sure you know your state’s statute of limitations.

Reasons to Consult a Personal Attorney

When it comes to the world of law, there are a lot of terms that can be complicated, but when it comes to personal injury attorneys, this at least can be straightforward and easy to understand. However the complicated part with personal injury lawyers is deciding when to hire one. If you’re in a possible personal injury situation and you’re not sure if you need a lawyer or not, here are some situations when a personal injury lawyer should be consulted.

 

When you’re injured into an auto accident

 

One of the most common reasons people consult a personal injury lawyer is when they are in some kind of a motor vehicle accident and suffer a personal injury.  Unfortunately, since there are so many cars on the road, auto accidents keep personal injury lawyers quite busy. The good news however is that personal injury lawyers can help tremendously in making sure you receive everything you deserve when you’re in a auto accident.  Sometimes a car insurance company won’t want to reimburse you the full amount, other times your disability insurance won’t want to cover all of your lost wages and the most common – sometimes your health insurance company won’t pay for all of their medical bills – and a personal injury lawyer can make sure your insurance claims go your way.

 

When you’re injured by a product

 

Another common reason people consult personal injury lawyers is when they find themselves injured by some kind of product, whether it’s a curling iron, a can opener or body lotion.  In many cases it isn’t your fault, and is the fault of the manufacturer (usually some kind of defect), which in this case, you should consult a lawyer.  Being injured is never any fun, and usually means lost wages, lots of medical bills and emotional distress. It’s always a good idea to at least seek the advice of personal injury lawyer to make sure all of your claims get handled properly.

 

In any situation when you find yourself injured and you’re not at fault, a personal injury lawyer is always who you should go to.

How to Find a Great Personal Injury Lawyer

When you find yourself needing a personal injury lawyer, it can be overwhelming trying to find one among the sea of lawyers that are available, and finding one that is reputable, and also has the experience that you need is paramount. It can literally make or break your case. Here are the questions you should always ask when talking to a perspective personal injury lawyer.

 

Get detailed law experience

 

Don’t be shy.  Any good personal injury attorney should understand your need to make sure that they are reputable.  The first question you should ask is how many years they’ve practiced law, and out of those years how many were specifically related to personal injury law experience. And another question related to their experience you should ask is how many cases like yours have they have taken to trial or to settlement. You should always go with a lawyer that has taken several cases like yours all the way to the end.  If they have, it’s a great sign they have the skills you’re looking for. And after you’ve heard their law experience, ask how much of their practice focuses on personal injury cases similar to yours.

 

Paralegal use and return phone call policy

 

After you asked about their experience, the next thing you should ask a lawyer is who else they will use to work on your case, and if they will use other attorneys or paralegals.  If you find out that they will, make sure they will only play a limited role. Also make sure to ask about their policy when it comes to returning phone calls you’ve made to them. Lawyers can be notoriously bad at returning phone calls, so make sure your attorney has a 24 hour turnaround policy on returning all of their client’s phone calls.  Even ask if you can have the policy written into your retainer agreement.

 

Lawyers can be quite the intimidating creatures, but don’t let that stop you from making sure they are the right one for your case.  Always make sure you ask the right questions before letting a lawyer take on your case.

Is Indiana the Next Domino in Medical Marijuana?

Over a dozen states have legalized the use of marijuana as a medical treatment for issues like glaucoma, to comfort cancer patients during the rigors of chemotherapy, or to alleviate chronic pain and anxiety. With such limited legalization came the care providers and the dispensaries, who (like the users themselves) have to file with their state governments to engage in what had heretofore been considered illicit business.

Looking Over the Fence

Indiana has long resisted the conversion to medical marijuana, even as states on its borders (like Michigan) went ahead and bent to the will of the voters. When a newly-elected governor came in and immediately expressed a desire to repeal the medical marijuana law, he was somewhat surprised to find that lawmakers had no desire to run afoul of an electorate that had spoken loudly and clearly on the matter.

Benefit to All Sides

Even when a hard-line Attorney General tried to crank up the heat in Michigan, the courts intervened to uphold the rights of patients and everybody else up the chain, from the care providers to the dispensaries to the growers. As time has gone by, and Michigan’s plan has been proven to work for all parties involved (including the state tax collectors), Indiana appears poised to be the next domino to fall in the medical marijuana game.

Indiana Senate Bill 192 was introduced earlier this year by Sen. Karen Tallian (D-Ogden Dunes). If it passes, it will require the State of Indiana to review its policies and penalties regarding marijuana possession, how to best implement a medical marijuana program, and how to regulate and tax such a program. It passed the Senate in February, 28-21, and awaits action in the Indiana House of Representatives. If approved, reforms will be summarily undertaken by the Criminal Law and Sentencing Policy Study Committee.

Know Before You Go – Landlord-Tenant Laws

Even before the housing bubble burst, the Indianapolis rental market was doing quite well. The city is home to a number of universities, including Ball State and Butler, so there is a considerable student population seeking leases each semester. Even with so many foreclosures over the past few years, Indianapolis weathered the economic storm better than most comparable cities, and has even been a bit of a magnet for people looking to start over. They, too, find themselves in need of living arrangements.

A Bright Spot in the Big Picture

In fact, just last year, Money Magazine (along with a lesser-known trade publication called Inman News) ranked Indianapolis as the best investment rental property market in the United States. Apartments.com, for instance, has 400 apartments listed there right now. The local Craigslist page has over 500 rental listings that were posted today. That’s the kind of dynamic market one can expect to find in the Midwest’s second-largest city.

When in Doubt…

With so many landlords out there, any tenant seeking to rent in the State Capitol would do well to verse him- or herself with Indianapolis’ landlord-tenant laws. The same market that brings so many landlords and tenants together has also spawned a huge number of attorneys who specialize in the rights of both parties. Some of it has to do with federal laws, obviously such as those prohibiting discrimination, but also like the Fair Credit Reporting Act.

People who have moved to Indianapolis, and who rented their previous homes, may especially want to brush up on landlord-tenant law, since the details may vary from location to location. In some places, it can be quite an arduous task to evict a person, while in others the landlord may hold all the cards. Always look before you leap, meaning before you sign your lease. And when in doubt, pick up the phone book, and find a qualified attorney to answer your questions. Anything else would be hearsay.

The Last Victim of the USS Indianapolis

The USS Indianapolis was sunk by a Japanese submarine on July 30th, 1945, just months before the grim conclusion of World War II, to which the ship’s crew had contributed mightily by delivering materials for the atomic bomb to Tinian Island. It wasn’t that nobody noticed that the Portland-class cruiser hadn’t arrived at port; due to the secretive nature of its mission, the Indianapolis was left off the books. So when she went under, taking 300 men down and casting 900 more into the sea, nobody seemed to notice.

The Stuff of Hollywood

Even if only from the monologue of Quint, the scary fishing boat captain played so well by Robert Shaw in Jaws, a good many people now know about the fate of the Indianapolis. Out of nearly 900 men who survived the torpedo attack, only 318 were pulled from the waters. Some drowned or died of exposure in the brutal elements, but an estimated 500 of them were eaten by sharks over the course of three and a half days before the men were spotted and saved.

Miscarriage of Justice

The last major warship to be lost in World War II, the Indianapolis was captained by Charles B. McVay III. Curiously, the U.S. Navy found him fit to be the only captain to court-martialed for losing a ship during wartime. They determined that he had not taken sufficient evasive action (specifically failing to “zigzag”), thereby placing his ship and his crew in danger. But even the Japanese sub commander later stated that such maneuvers would not have prevented him from slamming two torpedoes into the Indy’s starboard bow.

McVay was found on his lawn in 1968, having killed himself with his service revolver, a toy sailor clutched in his other hand. Although the Navy records have never been officially changed, McVay received an official Conressional exoneration in 2000, in hopes of reversing what many military and legal historians consider to be a miscarriage of justice. After all, even though a few of the victims’ families chose to blame him even long after the war had ended, the captain had spent every minute in those deadly waters with his men.

Indiana Livestock Farmers v. Frivolous Lawsuits

A recent bill which is working its way through the final passages in the Indiana state legislature in Indianapolis would require those who file (and lose) frivolous lawsuits against livestock farmers to pay for their opponents’ legal fees. Environmentalists contend that this law will have a chilling effect on residents who would otherwise be compelled to file legitimate complaints. And judges never appreciate having their leeway taken away from them.

Not Just about the Smell

The farmers of hogs and cattle are certainly happy to see it pass, especially since those sectors of the agricultural industry contribute heavily to those majority GOP members who wrote and passed the bill. There are many reasons to file a civil suit against a large, corporate livestock farm. The noise and the smell are only nuisances compared to the kind of damage that can be done to aquifers and watersheds if regulations are ignored or not enforced.

Really Necessary?

Indeed, there have only been 10 “nuisance” lawsuits brought against such farms in the past decade, according to Kim Ferraro, the water policy director of the Hoosier Environmental Council. None of them, she notes, were dismissed by judges as frivolous. Since Indiana is home to more than 2,000 industrial livestock farms, she wonders why there is all such concern over frivolous lawsuits, which seem not to exist in any Indiana courtroom. “The idea,” she says, “Is to intimidate.”

The bill’s sponsor, Rep. Bill Friend (R-Macy), actually crafted it to cover all farms in Indiana, not just those that raise livestock. He believes there is a need to protect farmers from groundless litigation which, he asserts, is designed only to interfere with their operations. While the focus of this bill is farming, says the bill’s co-sponsor, the pro-corporate legislature hopes to expand such protections to all Indiana businesses in the future.