Mesothelioma Lawsuit

If you or a family member is diagnosed with mesothelioma or another deadly, asbestos-related disease, it is well worth your time to reach out to a qualified mesothelioma attorney with the experience and expertise to help you receive the maximum compensation due to you. Since every case is unique, the amount that you could receive through a settlementor a verdict at trial depends on many factors.

This page provides information about the lawsuit process as well as some additional details to help you make an informed decision when seeking out a lawyer who specializes in mesothelioma lawsuits.

5 Facts About Asbestos Lawsuits

• Personal injury lawsuits related to asbestos are the longest-running “mass tort” litigation in American history.
• The majority of mesothelioma legal cases are settled out of court without ever going to trial.
• The number of mesothelioma and other asbestos-related claims has continued to increase rapidly in recent years.
• Non-traditional companies and products that contain asbestos, such as cosmetic talc, are increasingly at the center of new lawsuits.
• Mesothelioma trust funds contain more than $30 billion in assets to cover payouts of settlements and verdicts from mesothelioma disputes.

Types of Mesothelioma Lawsuits

There are two primary types of actions that can be filed with respect to mesothelioma: personal injury and wrongful death. Which type of complaint gets filed depends on whether the mesothelioma victim is still alive and who is filing the lawsuit.

Personal Injury

Upon receiving a mesothelioma diagnosis (or a diagnosis of some other asbestos-related disease), you can file a personal injury lawsuit. Given the length of time that diseases like mesothelioma can take to manifest (usually several decades or more), it can be hard to figure out exactly where the asbestos exposure that led to the disease occurred. Therefore, it’s important to contact a mesothelioma lawyer right away after your diagnosis to get the process started so that you don’t lose your legal rights to compensation due to expired statutes of limitations.

Wrongful Death

If, unfortunately, a victim passes away before being able to file a complaint, family members may be able to file a lawsuit on his/her behalf for wrongful death. As with personal injury, wrongful death claims also have a statute of limitations – although in some states, wrongful death statutes are much shorter than personal injury statutes.

If a loved one has died of mesothelioma, you should be sure to contact a knowledgeable attorney as soon as possible so that you can discuss your rights and initiate the legal process of filing a claim. It can sometimes take longer to research medical and occupational histories of deceased mesothelioma victims, since family members may not always be aware of where their loved ones lived or worked in decades past.

When to File

The length of time that you have to file a mesothelioma lawsuit – known as the statute of limitations – varies from state to state, and it depends on which type of complaint (personal injury or wrongful death) is being filed. If you don’t start your lawsuit within the appropriate timeframe, you could lose all rights to any compensation you might otherwise receive.

Generally, the clock starts ticking from the date of diagnosis (for personal injury) or the date of death (for wrongful death). For a state-by-state list of lawsuit filing limits, see our Mesothelioma Statute of Limitations table.

Lawsuit Process

While every mesothelioma lawsuit is different, there is a succession of steps that every case will need to follow.

Step 1: Free Consultation

Before filing a lawsuit for your mesothelioma diagnosis, we will meet with you for a free consultation to talk about the various parts of the process. This will give you an opportunity to ask any questions you might have or go over any concerns about the legal process.

This free consultation gives us an opportunity to understand more about the way that you or your loved one might have been exposed to asbestos. We’ll also discuss your medical history, including your diagnosis, with respect to mesothelioma and other asbestos-related diseases.

Step 2: Research Work & Medical History

Once the initial consult is completed and you choose to pursue a lawsuit, our experienced mesothelioma lawyers will start collecting data to help build your case, including:

• Medical reports from facilities where you (or your loved one) were treated for mesothelioma
• Employment history, military service records, union membership, and other documents that support your employment history
• Statements from witnesses such as co-workers, family members, friends, and product-identification specialists

All of this information will help us build your case to make it as strong as possible.

Step 3: Asbestos Trust Recovery

Once we have collected all the necessary information, we will investigate the possibility of receiving compensation through an asbestos trust fund. These trust funds are created by companies who have previously admitted liability for asbestos-related damages, and if your situation matches one or more trusts’ exposure criteria, it’s possible you will be able to receive remuneration quickly.

Our attorneys are very familiar with asbestos trust requirements, and we have successfully submitted many claims on behalf of our clients who qualify.

Step 4: Other Recovery Options

Not every company that makes or has made products containing asbestos has a trust. Therefore, after evaluating the potential for compensation through asbestos trust funds, we will also assess whether your case may merit an action against any companies who have not yet fully admitted their asbestos liability. Over the course of one to two months, our attorneys will look at the various options available and provide guidance about the best course of action based on your individual case.

Step 5: Choosing the Complaint Venue

Before filing a complaint, it’s extremely important to choose the most appropriate venue. Which venue is best for your lawsuit can be affected by a number of different factors, such as:

• Calendars and scheduling concerns
• The process timeframe
• Settlement and verdict history
• Local and state laws

Mesothelioma lawsuits may be filed in any forum where a client has lived, worked, or served in the military. There are also a number of “open forum” states that may allow filing, if no other suitable venue is readily available.

Step 6: Filing the Lawsuit

Once the venue is determined, we will file a formal complaint on your behalf. The complaint will detail a number of legal causes of action against the asbestos company (or companies) that are likely culpable in causing or contributing to the mesothelioma diagnosis at the heart of the suit. The number of defendants (companies) named in the initial complaint will depend on both the type of mesothelioma that the victim was diagnosed with and the amount of exposure that person experienced.

Step 7: Discovery Phase

Upon filing the lawsuit, the legal process will move to the discovery phase, where lawyers on both sides will present information in an effort to either support the complaint (plaintiff) or undercut it (defendant). During this period, both sides will file various motions, usually with the intent of trying to reach some kind of financial settlement before the case goes to a full trial.

In most cases, the lawsuit will never reach the next stage of the legal process. Instead, most complaints will be settled before getting to trial. On the rare occasion that a mesothelioma lawsuit does go to trial – which will only happen with your consent – our attorneys have the experience, knowledge, and competence to see it all the way through.

What to Expect During a Lawsuit

Filing a lawsuit can be emotionally taxing, especially if any part of the process goes on longer than anticipated. The best way to avoid or deal with unexpected complications is to have a team of dedicated attorneys who specialize in asbestos litigation. Additionally, simply familiarizing oneself with the steps involved in a lawsuit may help a mesothelioma victim and/or family member to prepare mentally for any challenging situations that may arise throughout the course of the process of filing a lawsuit.

Lawsuit Duration

“How long will my lawsuit take?” is a common question asked by many mesothelioma victims and their families, especially given the dire prognosis of the disease. Unfortunately, it’s a question that cannot be answered up front, as the length of the legal procedures tied to the lawsuit can depend heavily on several different elements, including:

• How many plaintiffs are filing
• How many defendants are named in the complaint
• Whether the case is consolidated with other similar cases
• The number and type of pretrial motions that are filed
• Complexity of the facts that need to be determined
• Scheduling and availability of all the parties involved
• The current docket load in the chosen venue

A study of consolidated cases in New York City Asbestos Litigation (NYCAL) showed that asbestos trials can range anywhere from 11–113 days, with an average of 11–38 days per plaintiff — and that doesn’t include the weeks or months of consultation, research, and discovery that happens before the trial. Lawsuits that are settled without going to trial may be shorter, but the duration can still vary greatly based on the factors above.

Behavioral and Medical Counterclaims

At trial (or even before), the defendant may try to blame your medical diagnosis on things that let them eschew any responsibility. For example, companies may try to assert that your mesothelioma or asbestos disease was related to other factors, such as:

• Unhealthy behaviors such as drinking, smoking, or using illegal substances
• Exposure to asbestos somewhere other than identified, such as at home or a different workplace (for occupational asbestos exposure)
• Genetic problems or a family history of predisposition for mesothelioma or other forms of cancer
• The accuracy of your medical diagnosis or the qualifications of the medical professional who diagnosed you

Having all of these aspects of your life questioned again and again may cause anxiety. However, the good news is that you don’t have to respond to these assertions yourself. An attorney who has experience handling mesothelioma litigation will be able to skillfully address these counterclaims.

Procedural Motions

When faced with the prospect of being held liable for damages related to asbestos, many defendants may also attack the manner in which your complaint was filed. This includes, but is not limited to:

• That the time limit afforded by the statute of limitations has expired
• Other technical problems with the petition, even if it is filed within the right timeframe
• Problems with the venue chosen or reasons why a different venue is more suitable
• Your authorization to file on behalf of someone who has died from mesothelioma

When handled by an established law firm that has diligently researched your case, these types of counterclaims are rarely successful.

Choosing an Effective Lawyer

When it comes to helping you get the compensation you deserve for your mesothelioma claim, no decision is more important than choosing the best mesothelioma lawyer. Here are the most essential qualities to look for in an asbestos attorney:

• History of past settlements and success at trial
• Broad knowledge of asbestos, mesothelioma, and related topics
• In-depth understanding of the laws, rules, and regulations governing asbestos litigation
• Hard-working personality with a dedication to resolving your case in a beneficial manner to you
• Compassion for the situation you and your loved ones have experienced
• Willingness to let you make the final decision without pressuring you into any course of action

The Cost for the Best Mesothelioma Lawyer

It might seem like having the best lawyer to try your asbestos lawsuit would be expensive. In reality, you and your family will pay absolutely nothing unless your lawyer succeeds on your behalf and you receive compensation as part of a settlement or jury award.

The law firm you choose should have no desire to be an additional financial burden for you or any of its clients. The only goal of the best mesothelioma lawyer you decide to hire should be to help you receive remuneration for the drastic toll asbestos and mesothelioma have taken on you and your family.

Contact Experienced Mesothelioma Attorneys

As outlined above, the first step to filing your mesothelioma lawsuit is to request a free consultation. You can also learn more about the financial assistance that is available to you by calling us toll-free at 1-844-401-4277.

Read more: http://www.mesothelioma.com/lawyer/lawsuit/#ixzz429J0DMNU

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Mesothelioma Claims

Filing a mesothelioma claim is the first step toward receiving remuneration for anyone who has been diagnosed with this deadly asbestos-related disease. If you or a loved one has received such a diagnosis, you could be entitled to receive compensation that covers expenses and lost income due to mesothelioma. This page provides details about the types of claims that can be filed, including legal actions, veterans’ benefits, and workers’ compensation claims.

Filing Asbestos-Related Claims

Asbestos is a dangerous substance that has been linked to a number of often deadly diseases including, but not limited to, mesothelioma and asbestosis. As a result, mesothelioma claims generally rely on several key pieces of information:

• How you were exposed to asbestos
• How long the exposure occurred
• How the exposure has affected your health, quality of life, and ability to work

Given the length of time that it takes for mesothelioma to develop, establishing all of the pertinent facts surrounding your exposure can be challenging. Perhaps you worked in multiple places where you handled or were exposed to asbestos. You may have been exposed to it second hand, such as through dust on a family member’s clothing or via asbestos-filled products and materials in your home.

Even if you don’t know exactly how you were exposed to asbestos, when diagnosed with mesothelioma, it’s important to consult with experienced mesothelioma lawyers about your possibility of filing a claim. Knowledgeable attorneys will ask questions about your work history, previous residences, and other details that can help you identify potential claims.

Claim Deadlines

How long you have to file a mesothelioma claim can vary depending on where you live and the type of claim you are filing.

Each state has its own laws, called statutes of limitations, that determine the time period within which a claim must be filed. Depending on the state, you may have as little as one year or as long as six years during which your asbestos claim can be filed.

The claim filing timeframe can also depend on which type of claim you are making (see below for a description of the different claim types). In some states, you have less time to file a wrongful death claim (filed by family members after a mesothelioma victim dies) than to file a personal injury claim (filed by a mesothelioma victim after diagnosis).

Types of Mesothelioma Claims

There are two types of claims that mesothelioma victims or their families can file. Which type of claim is filed depends on whether the person diagnosed with mesothelioma is still alive, or whether they have passed away.

Personal Injury Claims

A personal injury claim can be filed by someone who has recently been diagnosed with mesothelioma. With personal injury claims, the person directly affected by the disease is claiming that he/she should be compensated for things such as:

• Medical expenses incurred during diagnosis and treatment, including future treatment
• Lost wages or other income, including expected future income
• Pain and suffering experienced because of an asbestos-related disease

Individuals diagnosed with mesothelioma can usually file personal injury claims in any state where he/she resided, worked, or served in the military.

Wrongful Death Claims

A wrongful death claim is filed by the mesothelioma victim’s family after their loved one has passed away. In this case, the family members sue to receive compensation related to the loss of their beloved. This can include:

• Loss of expected income due to the untimely death
• Medical costs incurred during treatment administered before the deceased’s passing
• Funeral expenses

The specific claims available to family members may vary from state to state. Discuss your claim options with a qualified attorney.

How Claims Are Paid

If a claim is settled or successfully argued at trial, the amount of the settlement or jury award will be paid by the defendant. Money for mesothelioma claims may also come as part of a benefit or workers’ compensation.

Asbestos Bankruptcy Trust Funds

Some companies have already admitted liability for the negligent use of asbestos in consumer products, building materials, and other objects. These companies have established asbestos trust funds, which are managed by trustees, to compensate people for asbestos-related claims.

Currently, there are approximately 60 asbestos trusts in the United States. There is no limit on how many trusts an individual can make a claim against, provided they meet the exposure criteria for a given trust.

Claims Against Corporations

Other companies that have not established trusts may nonetheless be held liable, and it may be possible to submit a successful claim against them. A skillful attorney can help you determine which companies can be held responsible for asbestos exposure that leads to a mesothelioma diagnosis.

When companies do not have established trusts or exposure criteria, it may be a more complex process to get them to pay. However, most companies are ultimately willing to settle rather than go to trial if you have a valid and verifiable claim.

Veterans’ Benefits

Naval shipyards were sites of some of the worst occupational cases of asbestos exposure, and as a result, many veterans of the U.S. Armed Services have developed mesothelioma or other asbestos-related diseases. Individuals who were exposed to asbestos during their military career are likely to qualify for benefits through the Department of Veterans Affairs (VA), as long as they were not discharged under dishonorable conditions.

Filing a claim for medical benefits through the VA is a different process than filing a legal claim against an asbestos trust or a company. Through the VA, veterans may receive disability payments if the majority of their exposure occurred during active duty, with special payments going to veterans who are housebound or bedridden due to their illness. Veterans who qualify can also receive treatment at VA hospitals.

Spouses of veterans who die due to service-related disabilities, such as mesothelioma, may also receive a monthly benefit known as Dependency and Indemnity Compensation.

Workers’ Compensation

The Workers’ Compensation Act allows individuals to recover money for general exposure to asbestos during employment experiences – in some cases, even after the person has since retired from his/her job. This is good news, given that mesothelioma can take decades to develop after the initial exposure.

As with filing claims against trusts or companies, the statute of limitations for workers’ compensation claims varies from state to state and depends on whether the claim is filed by the person diagnosed with mesothelioma or, if that person has passed away, by their family.

Learn More About Filing a Mesothelioma Claim

If you or a loved one has been diagnosed with mesothelioma, you should talk to an attorney who can carefully explain your claim options and provide guidance as to which avenues can provide the greatest source of compensation for you and your family. To learn more, sign up for a free consultation or call us toll-free at 1-844-401-4277 to schedule your appointment today.

Read more: http://www.mesothelioma.com/lawyer/claims/#ixzz429ITLjU1

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4 kids killed in Pennsylvania crash weren't restrained, authorities say

EFFORT, Pa. –  Four children killed in a multi-vehicle crash in northeastern Pennsylvania were not in booster seats or wearing seatbelts when the car in which they were traveling caused a high-speed, four-car crash, police said Sunday.

The Saturday afternoon crash killed five, including the 23-year-old woman driving the car in which the children were riding, the Pennsylvania State Police said. Three other people went to hospitals.

Police did not disclose the identities of the children or their relationship to the dead woman, Destini Watson, of Blakeslee. An adult passenger in Watson's car, Monisha Roberts, 21, survived after being ejected from the vehicle.

Watson, Roberts and the drivers of the three other vehicles were wearing seatbelts, but the children were not restrained, police said.

Police say the pileup happened after Watson tried to pass another vehicle at a high rate of speed on Route 115 in Monroe County, about 70 miles north of Philadelphia.

Watson passed the car and began moving back into the southbound lane when she lost control of her vehicle and swerved into the northbound lanes. Her vehicle struck a second vehicle, flipped onto its side and struck a third vehicle. A fourth vehicle crashed into the third, police said.

Roberts and the drivers of the second and third vehicles -- Harold Roberts, 77, and Wade Hunter, 53 -- were taken to hospitals. The driver of the fourth vehicle, Patrick Mikolaitis, 41, suffered minor injuries, police said.

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Pedestrian Killed in Illinois Motorcycle Accident

Recent focus has been paid to pedestrian safety in Illinois and across the nation. As with many urban areas, Chicago has both a large number of pedestrians on any given day as well as many pedestrian accidents that occur every year. Many factors combine to explain the number of pedestrian collisions that take place, including the fact that drivers do not always respect the rights of those who are walking. But often, pedestrians simply believe that a collision will never affect them personally because they are cautious, safe, and follow all applicable traffic rules while walking. 

Unfortunately, even the safest, most law-abiding pedestrian is at risk for being involved in a pedestrian accident in Chicago if a motorist in the area acts in a negligent or reckless manner. When a crash occurs, the results can be devastating and can claim the life of the pedestrian involved or leave a victim with serious, sometimes lifelong injuries. The damages stemming from these crashes can be immeasurable and can stretch far beyond financial losses like medical bills and rehabilitation costs. Consulting with a personal injury lawyer in Chicago may help you understand the implications of your accident, including whether you have a valid claim for relief, if you have been hurt due to the actions of another.

Shortly before 9:00 p.m. on Friday, a collision occurred between a motorcycle and a pedestrian on Illinois Route 53 in Romeoville. Authorities responded to the scene of the incident near Chambers Drive and assessed both the pedestrian and the biker involved. The pedestrian sustained critical injuries and was transported by emergency crews to an area hospital for treatment where he died a short time later. It is unclear whether the biker was injured in the crash.

Officials began an investigation at the scene and determined that the motorcyclist was riding northbound when the crash took place. At this time, it appears that the pedestrian was also in the roadway though it is not clear whether he was walking in the same direction as the biker or was walking against traffic. It is also not clear whether any other conditions led to the impact or what speed the motorcycle was traveling prior to the crash.

When a pedestrian is injured or killed in a collision, it can be difficult to move forward with the normal aspects of life, yet alone know where to turn to obtain the legal relief that you and your family deserve. At Abels & Annes, P.C., our team of injury lawyers wants to help by providing you with a free case consultation without any obligation on your part if a pedestrian crash has affected your life.

At Abels & Annes, P.C., you will speak with a licensed lawyer when you call us toll free at  (855) 529-2442 or locally at (312) 924-7575 and you can reach us 24 hours a day, seven days a week, 365 days a year. We understand that collisions can happen at any time, so at Abels & Annes, P.C., we will make ourselves available whenever you need us and we never charge our clients a fee unless we make a recovery in their case.

If you have been hurt or if your loved one has lost his or her life, do not let the accident continue to add suffering to your family. Call Abels & Annes, P.C. today and let us help you seek the relief you deserve.

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Self-Driving Cars Officially Hit California Roads Next Month

With over 700,000 miles racked up—on fairly safe test courses—without any accidents, Google’s self-driving cars are proving to be a major star of the company’s projects. With Google’s progress in the field leading the charge, self-driving cars from multiple manufacturers will be hitting California roads next month.
                                      
The California Department of Motor Vehicles awarded 29 permits to test the cars with 25 going to Google. Other manufacturers with permits include Audi and Daimler AG-Mercedes Benz who took two permits a piece. California law on autonomous cars—established in 2012—allow for any company to pick up a permit relatively cheaply—for the permit itself. A permit for the first car is $150 with additional cars being $50. The price jumps dramatically considering $5 million in insurance is factored in.

The California DMV’s conditions for manufacturers are as follows:

•     Manufacturer must register the test vehicle with DMV.
•     Manufacturer must have completed previous autonomous vehicle testing under controlled conditions.
•     Manufacturer uses qualified test drivers who complete a training program and obey all provisions of the Vehicle Code.
•     Manufacturer test drivers sit in the driver seat and are capable of immediately taking control of the vehicle.
•     Manufacturer reports to DMV any accident involving a test vehicle or any situation where the autonomous technology disengages during operation.
•     Manufacturer maintains $5 million insurance or surety bond.

The insurance price for testing on public roads benefits the DMV greatly and also allows for the self-driving car manufacturers to get in real world experience among more conventional drivers. The real world tests will allow most likely accelerate developments in the technology of autonomous vehicles given that these cars would be around drivers of various driving styles as opposed to dealing with drivers in a sanitized, controlled setting and simulating situations.

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What does the Law say about Observing a Pedestrian in a Crosswalk?

If you live in a city, which most of us do, you understand the headache of the daily traffic routine. Most people appreciate the basic rules of the road, but not all people truly recognize that they have a duty to pedestrians as well as other vehicles. Drivers have a duty to take proper precautions towards pedestrians crossing the road in crosswalks and, in some instances, parts of the roads that do not have crosswalks available.  Pedestrians have the right to travel safely across roadways just as much as drivers.    West's F. S. A. § 316.185; § 316.130.

                                         
WHO IS TO BLAME WHEN A PEDESTRIAN INJURY OCCURS?

The answer to this question is not as cut and dry as one may think. Like most legal issues, it depends on the circumstances. In general, the driver and the person crossing the road both have a duty to be equally cautious when entering heavily trafficked areas. West's F.S.A. § 316.185. You also have a duty to alter your actions according to any possible unsafe conditions to yourself and other people on the road: this means pedestrians too.  If one party fails to take proper precautions, or does not take due care to avoid an accident, that person could be liable for any injury that takes place.  FL ST § 316.075

WHAT ARE THE INTERSECTION RULES?

If you pull up to a stoplight, the law requires you to come to a complete stop before the crosswalk. This includes those right turns on red lights. Some people just check the traffic and make that right turn as long as no cars are coming their way. Not so fast! There could be people on your right hand side with a signal to cross the road.

Drivers must also come to a complete stop before the crosswalk, and allow any people to cross the intersection when the persons have a signal to cross. Clearly, if a person is already in the crosswalk when you come upon the traffic signal, you must yield to the pedestrian.

Furthermore, if crosswalks are present, pedestrian must use the crosswalks and crosswalk signals to cross traffic. FL ST § 316.130

WHAT ABOUT PEOPLE CROSSING OUTSIDE OF A CROSSWALK?

People crossing a road at a section of the road without a crosswalk are not allowed to quickly enter the road without warning. Additionally, pedestrians entering the roadway at areas not marked as crosswalk zones must yield to all vehicles. You also may be breaking the law depending on your local jay-walking statute.

With all that being said, drivers cannot simply ignore people entering the road at areas of the road where crosswalks are not present.  Anyone on the road has a duty to take proper care to pedestrians entering the traffic.  A driver needs to be cautious of any people entering traffic at all times, and they must take proper precautions to avoid injury pedestrians. If someone does not take due care while operating a vehicle and a pedestrian is injured, the driver could still be liable even if the person was crossing the road at area not marked with a crosswalk.  FL ST § 316.130; FL ST § 316.185

HOW COMMON ARE PEDESTRIAN RELATED INJURIES?

The elderly and children are most likely the victims in pedestrian accidents. Moreover, pedestrians are far less likely to be injured at a crosswalk location rather than a location where no crosswalk is present. Statistically-speaking, using a crosswalk is the safest mode for crossing a street. The following statistics are courtesy of the NHTSA and the CDC:

• Nearly 4,200 pedestrians a year are killed in traffic accidents.
• Senior citizens accounted for nearly 20% of pedestrian deaths.
• Children under the age of 15 years old made up nearly 23% of all pedestrian traffic injuries.
• Males are more likely to be killed in pedestrian accidents.
• Roads without the availability of crosswalks accounted for 42% of all pedestrian deaths.
• Florida, Texas, and California have the highest percentages of pedestrian fatalities.
• More pedestrian are killed in accidents on January 1^st than any other day of the year.
• The deadliest cities for pedestrians are New York, Los Angeles, Chicago, Phoenix, and Houston.

CONTACT TAMPA BAY AREA PERSONAL INJURY AND CIVIL TRIAL FIRM DOLMAN LAW GROUP

Sometimes it is not really all clear who is blameworthy when pedestrians are injured. Drivers and pedestrians both have a duty to take proper precautions so that they do not put others in dangers way. Furthermore, just because you were the one who injured someone else does not necessarily mean you are liable for the injury and vice versa.

Due to the fact that liability is sometimes unclear, it is imperative you contact an experienced personal injury attorney. If you, or someone you know, have been injured in a pedestrian-related accident, you should consult with a law firm with experience handling accident, personal injury claims.  Contacting an experienced personal injury attorney will increase the likelihood that you, the victim, collect the maximum award for your injuries, pain and suffering, or future loss of income.

Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765 

727-451-6900

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Help! I’ve Fallen and I Can’t Decide If I Should Press Charges

Slip and fall accidents can happen anywhere. When a fall results in a severe injury, it’s important to know who’s responsible. In short, the answer will be situational. Sometimes the property owner is responsible for the accident, and sometimes he or she is not. Slip and fall accidents are a personal injury and are considered a tort. There are four general types of slip and fall accidents:

Trip-and-fall: When there is a foreign object in the walking path.
Stump-and-fall: When there is a barrier in the walking surface.
Step-and-fall: When there is an unexpected hole or malfunction in the walking surface.
Slip-and-fall: When the combination of the shoe/foot and floor fails, oftentimes involving a slippery substance on the floor surface.

It is the duty of the property owner to keep their facility safe of hazards. They must take the appropriate amount of steps to ensure that their property is free of dangerous conditions. The property owner can be at fault if they knew there was a permanent hazardous condition (such as broken flooring) but didn’t do anything about it.

Comparative negligence is also considered when a slip and fall accident occurs, and is often a significant hurdle in making claims. This means that you, in some way, contributed to your own accident.  You may have fallen because you were running on a slippery floor when there was a warning sign by it. Because of your own carelessness, you may have a lessened award for your injuries or none at all.

Most often the issue of comparative negligence arises because the property owner will say the cause of the fall was “open and obvious.” In other words: the person who fell should have seen what caused their fall, but as they didn’t, they are at fault themselves.  This can be tricky to balance against a property owners duty to keep their premises safe.

If you are injured in a slip and fall accident, you may receive compensation. Compensation may include damages already incurred and those in the future that may be incurred for: medical bills, time away from work, and pain and suffering.

If you have been injured in a slip and fall accident, and are not sure who is at fault, McCullough & Associates will be there to answer any questions you have.

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"I Didn't do Anything. Why do I Need a Lawyer?"

Many of our clients come to us late in the court process. They often think that if they have no record, or if the didn't commit a crime, they don't need a lawyer. I can't tell you how many times I have heard someone say; "I didn't do anything. What do I need a lawyer for?"

They irony of this belief is that this is exactly the kind of situation where hiring an experienced criminal defense lawyer is most important! If you have no record, or feel that you did nothing wrong, you will want to preserve your clean criminal record as long as possible. You will want to hire an aggressive criminal defense lawyer that will actively challenge the prosecutor at every turn.

In order to get the best outcome possible on your case, you need to get an experienced criminal defense lawyer involved as early as possible. We find that the clients that have the most successful case outcomes are the ones that hire us before they are even charged with a crime. Obviously, this is not always possible.

If you have been charged with a crime, have been contacted by a law enforcement officer, or believe you may be the subject of a police investigation; call a criminal defense lawyer right away!
Keegan & Novick, LLP, a premier Boston criminal defense law firm, is available 24 hours a day, 7 days a week, 365 days a year. Call and speak to one of our criminal defense lawyers today!

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Ride Safe: 10 Common Motorcycle Accidents and How to Avoid Them

Are you are a regular biker? If yes, then you will be aware of the horrifying consequences of riding a bike during not-so-safe conditions. However, today’s bike manufacturers are fully aware of these consequences and provide you the maximum safety with powerful accessories like gripy tires, powerful brakes, excellent handling, and protection gear. You should make the most of these accessories to avoid the below listed 10 common motorcycle accidents.

Car Suddenly Turns Left

The car that is in front of you misjudges your speed or fails to spot you on the road, and suddenly takes a left turn. The psychology of the driver looking for a car perceives the absence of cars but doesn’t judge the presence of a motorcycle. While riding, you need to be extra careful about the small signs that might indicate that the car in front of you will take a turn. If you are nearing a crossing, slow down and cover your brakes to get ready to take any action.

Hit Gravel While Taking a Turn

While riding, we have been always taught to take a wide turn at blind corners. However, while riding we often forget this rule. If you take one such turn, and hit a sand patch, gravel, or other similar patches on your path, it is likely that you might have a dangerous fall. The simple rule to avoid this situation is to drive slow and always be in control of the vehicle. You should take a wide turn, so that you will get a clear vision of the path.

Took a Turn too Fast

It is fun to ride too fast, however this can be the biggest problem while taking a turn. Though you may think that you may be in full control of the bike, it is always advised to drive only as fast as you may handle. If you do take a turn riding too fast, do not press the brakes or lower the throttle. This may upset the bike’s traction and you will have a dangerous fall.

Car Changes Lane

If the car driving in front of you, changes lane and accidentally enters into your riding space, you are likely to face dangerous consequences. In such situations, the best possible solution is to go slow while you are at blind spots. Also if there are situations where lane changes are obvious, you must try to be extra careful. 

Car Hits You from Behind

You are slowing down at the crossing or intersection, and suddenly the car behind can’t control his car and hits you! The impact of the hit will decide the extent of the injury that occurs. In such cases, you need to take extra care while pulling up and try to rapidly flash your brake lights.

Applied Front Brakes

While you were enjoying your ride, some unnecessary event has brought the traffic to a halt. If in this situation, you press the front brake, you are likely to have a massive fall and the damages to your bike will be worse. To avoid such a fall, you should use the front brake wisely. If you are riding at higher speeds, you should first try to slow down before applying the brake.

Riding in a Group

If you are riding in a group, it is likely one of the riders might suddenly stop. If you are riding the bike at a high speed, you may have a fall. In such cases, you should train all the riders to follow the proper riding etiquettes. If anyone is facing any issues and wants to pull up, they should move the side and then halt.

Car Opens its Door

If you have faced a situation where the car driving in front of you, suddenly has its door opened. In no time, you will be laying on ground. The only way to avoid such situation is to refrain from driving adjacent to parked cars. You can never judge when the door of one of those cars will flung open, and you will be the victim to an accident.

Slippery Roads

You always need to be extra careful while riding the bikes during rainy season. The roads will be slippery and a slight imbalance can cause a great fall. Also, in case of oil spills, you should try to avoid such roads. During heavy rains, you should try to take a halt and wait till the rain subsides.

Try to keep in mind the above mentioned situations and also the solutions provided for the same. Drive safely!

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Are airlines liable for injuries related to turbulence?

The car isn't the only place you should wear your seat-belt all the time.

Injuries on airline flights due to turbulence aren't unheard of, ranging from broken bones to spinal damage.

Most people who sustain injury are not wearing their seat-belts. According to the Federal Aviation Administration (FAA), about 60 passengers are injured during turbulence every year because they ignored the seat-belt sign.

 

In general, a carrier cannot be held liable for turbulence because it isn't always predictable. 

Often, turbulence can be predicted, and the flight crew will take measures (verbal warnings and instruction, securing food carts and other loose objects, activating the “fasten

seat-belt” sign) to protect its passengers. If injured while wearing a seat-belt, or while ignoring the warning of the flight crew, it is unlikely that the airline could be held liable for the injury. On the other hand, if a passenger is injured by luggage that flew

from an unlatched overhead bin, the airline could be held liable for the injury if they failed to secure the bin.

Likewise, if it can be proven that the flight crew knew about turbulent conditions and failed to notify passengers, they could be held liable for any injuries caused by the lack of communication.

For more information, please visit http://zacharassociates.com. Get answers to your questions. Stop guessing.

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Top FIVE Things To Do After Any Type of Accident Causing Injury

FIVE THINGS you MUST do Following A Personal Injury Glotzer & Sweat, LLP – Personal Injury Lawyers in Los Angeles, CA

STOP!! You’ve just been in an accident through no fault of your own, you were injured and you are wondering what you need to do? • What information do I need? • Should I take pictures of the area where it happened or my injuries? • Should I report this to my insurance? • Should I talk to the insurance representative for the person who injured me? • Should I go to the doctor right away if I’m hurt? • Which doctor should I see and what kinds of questions should I ask about treatment of my injuries? • Should I call a lawyer and, if so, how soon after the incident should I do so? TOP FIVE THINGS TO DO INCLUDE:
                                     
Get Information and Evidence At the Scene Where the Injury Occurred It is important to obtain enough information at the scene of any accident whether it be a car accident, fall, or any other injury causing event. With the common use of smartphones, this is now easier than ever. Take photos of the following: 1. The driver’s license and proof of insurance for the driver of any vehicle involved in an auto accident. Make sure to focus the camera so that all information is legible. 2. The physical damage to property including automobile property damage to all vehicles involved. 3. The overall view of the accident scene and close up shots of any dangerous condition that may have caused the incident (e.g. slick substances on the floor, protruding objects, holes in the ground, potholes, etc.) or of the positions of the vehicles when they came to rest in an auto accident claim. Write down: The names, addresses and phone numbers of any driver, passenger or witnesses to the accident and the badge number and name of any investigating officer or any Emergency Medical responders at the scene. Request: A copy of a police report from the investigating officer. Usually they will give you a small post card size information card with the “NCIC” or other identification number and instructions on how to request a full report. If not, at least get a business card from the officer(s). In the case of a fall in a retail store, request a copy of any incident report filled out by any employee or manager of the store and ask for a business card or at least the name and employee number for anyone who saw the incident or spoke to the victim afterwards.

Seek PROMPT Medical Attention and Document Your Examination(s) and Treatment(s) You must seek out prompt and thorough medical diagnosis and treatment if you have sustained ANY injury as a result of the incident. This includes the following: • Accepting offers of emergency transport from the scene if necessary • Requesting full and complete diagnosis including x-rays, MRIs, CT Scans or other diagnostic tests that may show the severity of the injuries • Seeking out follow up medical care and treatment AFTER any initial emergency trauma care. This can include a visit to your regular medical doctor and seeking a referral to a specialist such as an Orthopedist, Neurologist or Physical Therapist.

Promptly Report the Incident to Your Own Insurance Carrier Under most policies of insurance including auto insurance, homeowners or renters policies, or business or commercial insurance, there is a duty to promptly report all actual or potential claims. Failure to do so can possibly result in a denial of coverage. When you report the incident, though, just STICK TO THE FACTS: • When did the accident occur? • Where did it happen? • Who was involved? • How did it happen? Be cautious here in describing the incident. Less is more. • “WAS ANYONE INJURED?” Always err on the side of caution when answering this question. Many times injuries do not manifest until days or even weeks following an incident. If you have an attorney, let the lawyer do the reporting of the claim to your insurance company.

 Do NOT Provide Information To ANY Insurance Representative from Any Other Party Involved in the Incident It is important to know that, while you have a contractual duty to report the claim to your own insurance and to cooperate with them in investigating the claim, you have NO such duty with regard to the insurance company for the other side! Insurance carriers are in the business of minimizing payments of claims. One of the major tactics they use is to train their claims adjusters to obtain information from people filing claims against their insureds that can later be used to minimize or deny the claim. DON’T fall into this trap!! For Example, Do NOT: • Consent to a recorded statement either in person or over the phone with the at fault party’s insurance claim’s representative • Sign ANYTHING that is given to you by the insurance company for the other side including: Settlement agreements, releases, waivers, consents to obtain medical information or other protected information such as your social security number or tax information.

Promptly Consult With And Retain A Personal Injury Lawyer According to statistics from the Insurance Research Council (a group who conducts studies for the insurance industry), persons represented by attorneys receive approximately 40 percent higher settlements than those who choose to “represent themselves”. In addition, their stats indicate that 85 percent of ALL dollars paid in auto accident claims go to persons represented by lawyers. Why is this? SIMPLE: Insurance companies are set up to take in premiums and make money through investments of the funds that are “floating” through their accounts. What cuts into these profits? Payments on claims at full value! If they convince you to say and do things before seeking proper legal advice that either completely invalidates your claim or drastically reduces the value ….. THEY MAKE MORE MONEY. The adjuster gets a bonus, the CEO is happy and ALL AT YOUR EXPENSE!

How do I choose a quality personal injury lawyer that cares and will maximize the value of my claim? Reputation, experience, results and compassion. This is what has set Glotzer & Sweat, LLP apart for the past 18 years of representing personal injury victims and their families throughout California including Los Angeles, San Diego, Orange County, and the Inland Empire. For More Information Call Toll Free Statewide @ 1-866-229-0101 or visit our website: http://www.victimslawyer.com

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Are the School Zones in Sacramento Safe?

School zones were established to slow drivers down in areas around schools where children would be likely to walk. Despite these safety precautions, it is estimated that around 100 children are killed every year walking to or from school, and that another 25,000 children sustain injuries as a result of accidents in school zones.

Children are not as well-versed in traffic laws nor should they be held responsible for safe practices like adults. This places them at a higher risk of being the victim of a car accident. A study investigating the effectiveness of school zones reviewed a total of 2,717 motor vehicle versus child pedestrian collisions. The researchers found that the density of collisions, particularly fatal collisions, was highest in school zones and decreased the farther from the school you moved. The highest proportion of collisions, at 37.3 percent, occurred among 10- to 14-year-olds. The researchers found most of the collisions within the school zones occurred at midblock locations as opposed to intersections.

Driver Responsibility

Drivers are required by law to yield the right-of-way to pedestrians who are legally crossing the street. This includes children who are crossing the street at a properly designated place within a school zone. Even if there is no crosswalk, drivers should still be mindful when driving through a school zone. Though a child may attempt to cross the street “illegally,” you want to ensure you are obeying the speed limit and are aware of your surroundings should you need to stop quickly. It is important to simply assume children are present, thus keeping you alert to the possibility of a child entering the road.

If a driver hits a child in a school zone, especially if the driver was distracted, he or she could face a serious personal injury lawsuit. Personal injury lawsuits are based on proving the negligence of the driver who caused the accident. If a driver is speeding through a school zone, driving with distractions, or simply fails to yield the right-of-way and strikes a child, that driver may be acting negligently and could be responsible for any resulting damages or wrongful death.

Though it is the driver’s responsibility to control his or her vehicle in a school zone, it is also extremely important to educate children on safe road practices. Though children may not fully understand the risks and consequences of their actions, it is still important to teach them safety. Teach your child to always cross in a cross walk, and to look both ways and ensure no vehicles are coming before doing so. As statistics have shown, the majority of school zone accidents do not occur at crosswalks, where it is usually safe to cross the street, but rather happen in mid-road, where children may cross “illegally” and are at a greater risk of getting hit.

Minors and Personal Injury

A personal injury case becomes even more complex when a minor is involved. Although the procedures for collecting compen­sation for a minor can vary from state to state, a child does have a right to compen­sation for damages including pain and suffering just as an adult does. In addition, the parent or guardian has a separate right to be compensated for medical bills paid on behalf of a child.

Generally the child’s parent or guardian will act on his or her behalf when negotiating a settlement. Some states require a judge to approve the child’s representative, but is usually a quick and simple process. A personal injury case involving a minor generally follows the same format as that of an adult, though the child’s representative negotiates and agrees to settlements on the child’s behalf. States have laws governing how the settlement will be given to the child, usually involving a trust. The money may be used later for educational purposes or is made available to cover specific things like medical costs.

Seeking the Help of An Attorney

No matter how minor or serious the school zone accident may be, it is usually to your benefit to speak with a personal injury attorney. Personal injury attorneys have the knowledge and skills to help you determine if your case has merit or if there are other options for you. Even if you only have questions about your legal rights, including compensation for medical expenses as a result of the injury, speak with a personal injury attorney before making any type of settlement.

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Alternative Claim Procedures

Accidents occur due to one’s negligence or the fault of the other person involved in it. In either case, there may be injuries caused. Injuries that are visible and those that cannot be seen.  But these invisible ones actually cause severe pain and discomfort for the person injured. These include strains and stress of the muscles. It also may be a ligament tear or a blood clot. All the mentioned injuries cannot be seen and thus it becomes difficult for the injured to claim insurance.

On the other hand, the insurance company may try to underplay this so as to settle for less. In this case, the question arises about how a claim can be made.  You can file a suit against the offender in the court. This may take a long time to settle keeping in mind that the intensity of the injury cannot be perceived by the judge. Arbitration is the best alternative.

Arbitration is an Alternative Dispute Resolution (ADR). In this type of settlement, the settlement is done out of the court proceedings and traditional lawsuits. If both parties agree for quicker and less messy proceedings, they can go for arbitration system of settlement. 

How does it work?

When the claim is relatively less, (in some places it is less than $50,000) these matters can be subjected to mandatory court-annexed arbitration. The court appoints an arbitrator whose decision will be final. This procedure is inexpensive and relatively informal. A certain amount is fixed by the arbitrator and becomes final. But if one of the parties is dissatisfied, the trial court will hold a trial de novo.  Trial de novo means these appeals are not appeals at all, but mere “do overs” for someone who is unhappy with the result.

When can one adopt Arbitration?

Insurance companies have institutionalized policy of appealing these awards. This is because they need to pay less to the defender. Thus the amount that one may get from arbitration system may be accepted. Another major concern is regarding the jury. The jury has to take painful attempts to understand the injuries they cannot see. These include strained necks and backs. Many times these are the cases that go for smaller claims. So the jury’s work becomes tedious and time consuming and thus may discourage one from going into regular law suits. 

This choice of settlement can be adopted for speedier and less tedious settlement.

Compulsory Arbitration System in Personal Injury

Injuries sustained during an accident may be external or internal. External injury such as a broken leg or arm, or any bleeding involved is quite visible. But it is not that a person will sustain only a visible injury. Many a time a person may sustain a strain in the neck or back, a pull in the muscle or so which is quite invisible. This does not mean that this injury should not be counted as a personal injury. Though externally invisible these injuries are also eligible for claims.

The person injured often feel discouraged to impress the insurance company as this may be a petty claim. Or on the other hand may file a suit against the other offender for a claim. The insurance company may want to settle this for less. When a law suit is filed, again the jury fails to understand the extent of damage. This makes the jury’s work quite tedious and time consuming. 

Arbitration system can be the best alternative for such claims as this requires less time. When the two parties agree upon an arbitrator, the court appoints an arbitrator to settle the matter. The arbitrator looks into the matter and decides upon a particular settlement. It is not necessary that the parties have to agree to it. If any of the party is dissatisfied they can appeal in the court again. But it is rare that it needs a review. 

What is Arbitration system?

Arbitration system is a type of Alternative Dispute Resolution (ADR). It is a way to settle matters outside the traditional lawsuits and court room.

Advantages

•  It is inexpensive and faster.
• One time hearing and decision taken. Doesn’t require trials again and again.
• The amount of settlement is within a pre-fixed range that the insurance company can pay.
• The insurance company also is compelled to pay some amount to the injured which otherwise may be high or low according to the insurance company.
• It will be beneficial as the arbitrator knows the law and the value of the case.
•  It also allows the parties involved to settle for this high or low amount.
•  Arbitrations are held outside courtrooms in private offices or conference rooms.
•  It is relaxed and comfortable.

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