Attorney4Injury.com: Legal Guide Attorney4Injury.com: Legal Guide https://www.attorney4injury.com/guide/ Copyright by Attorney4Injury.com en Attorney4Injury.com Mon, 26 Sep 2022 15:08:04 -0400 What Are The Elements Of A Personal Injury Lawsuit? When you've been hurt as a result of another party's negligence and are considering bringing a Henderson injury attorney for a lawsuit, you must verify each of the 4 components of a personal injury claim. Although most of the work can be handled by the attorney itself, you must do your part of the work. Hence, note that as the plaintiff, it is your responsibility to demonstrate each element with a majority of the evidence. Naturally, it will be your personal injury attorney's job to gather proof and develop your case once you retain their services. Nevertheless, below are the four components of a personal injury case. Have a look. 

Duty

You must first demonstrate that the defendant in the lawsuit owed you an obligation of care. This responsibility is frequently implied.

For instance, it is everyone's responsibility to drive carefully to protect other road users. Other case types may involve more nuanced concepts of duty. If you slip and fall, for example, you would need to demonstrate that the property owner owed you a responsibility to keep the area safe, which is typically only the case when you were legally on the land.

Duty violation

The second component that you must prove is a violation of the duty of care, which is also known as negligence. In other terms, despite knowing the duty, when someone breaches the rule, it is known as a duty violation. Accordingly, the defendant engaged in behavior that was contrary to what a sane person would have done in the same circumstance, such as drinking before driving or failing to address a known safety concern on their property.

Causation

The third component, causation is quite crucial. This requires you to demonstrate that the negligence or breach of a duty of care was the direct cause of your injuries. This means that, for carelessness, your concussions would not have happened.

Damages

The last requirement is to demonstrate that the accident caused you to suffer some serious damage. Mind that these damages should not be any of the injuries suffered before the accident but after. You must have all the proof and reports claiming the severe damages that the accident caused you. Following this, as a result, you may seek restitution for your losses. Herein, note that you can claim compensation for both financial and non-financial losses.

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Guide https://www.attorney4injury.com/guide/what-are-the-elements-of-a-personal-injury-lawsuit-243.shtml https://www.attorney4injury.com/guide/what-are-the-elements-of-a-personal-injury-lawsuit-243.shtml Editor Wed, 21 Sep 2022 05:54:29 -0400
What To Do When You Need The Best Personal Injury Lawyer If you have been in a vehicle accident, it will be an expensive and time-consuming event. The best course of action to avoid a class action lawsuit is to get a professional lawyer to help you with your case. At the same time, they are also skilled at knowing what questions to ask when they meet with your attorney.

If you need a personal injury lawyer, it's essential to choose the right one. You can find a local personal injury lawyer by searching for attorneys near you on the internet or by contacting your state bar association. The best way to find an attorney is to talk to friends, family, and other people you trust.

Finding an Excellent Personal Injury Attorney

Find the finest personal accident attorney for your case. You can help yourself by doing a few things. First, make sure you interview several lawyers and pick the one whose style and approach meshes best with your own.

Second, be prepared to spend money on legal representation; a good lawyer will charge a fair fee.

Finally, be ready to wait a while for results. A good lawyer will take your case seriously and work diligently to get results as soon as possible.

The Different Types of Personal Injury Lawyers

Unless you've been injured in a car accident, you may require the assistance of a personal injury attorney. There are various personal injury lawyers, so choosing the one who is particularly fit for your case is critical.

Some familiar personal injury lawyers are car accident lawyers, truck accident lawyers, slip and fall lawyers, and torts lawyers.

Each lawyer has specific skills and knowledge necessary for representing clients in personal injury cases. Finding a lawyer who understands your case and will work hard to get you the best possible outcome is essential.

Naqvi Injury Law is good at negotiating settlements with insurance companies and is also skilled at trial.

Who Should File a Lawsuit?

You should seek medical assistance when you are injured in a car accident. Following the all-clear, there are a few things you may take to assess whether bringing a lawsuit is the best option for you:

  1. Calculate Your Losses. The final and the arguably most critical stage is to calculate your losses. It includes figuring out how much money you have lost due to the accident and any medical expenses you have incurred. If you're unsure how much money you'll need or have lost, speak with a financial advisor or attorney.
  1. Consider Your Options. Once you have calculated your losses, it is essential to consider your options. It includes whether or not filing a lawsuit is the best option for you. This judgment is influenced by some factors, including the severity of your injuries and the assets of the person responsible for your accident.
  1. Speak To A Lawyer. After deciding whether or not to file a lawsuit, it is essential to speak with an attorney. An attorney could assist you in navigating the procedure and provide support throughout the litigation

Do You Need A Lawyer to Find a Settlement?

If you're debating about whether to need a lawyer to find a settlement, here are some tips:

  1. Start by talking to your potential lawyer. Many personal injury lawyers can give you a free consultation to ensure they would be the right fit for your case and your possible options.
  1. Next, consider what kind of settlement you are looking for. Accommodations can range from a small amount of money to total compensation for your injuries. It is essential to know what you are capable of accepting and what is best for you and your case.
  1. Finally, ensure you have all the information about your case before meeting with a lawyer. It includes copies of any medical records or police reports and any evidence that may support your claim.

Conclusion

Getting the best personal injury lawyer is essential if you have been injured. Not only will this individual be able to advocate on your behalf and help you receive they will not only give you the results you're looking to guide the entire legal process.

Make sure to research different personal injury lawyers before choosing one, and be prepared for a long and arduous battle. With the help of a top-notch lawyer, however, you can finally achieve justice for yourself and your family.

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Guide https://www.attorney4injury.com/guide/what-to-do-when-you-need-the-best-personal-injury-lawyer-242.shtml https://www.attorney4injury.com/guide/what-to-do-when-you-need-the-best-personal-injury-lawyer-242.shtml Editor Tue, 20 Sep 2022 02:45:43 -0400
Should I Hire a Maritime Law Attorney for My Cruise Ship Accident Case? If you have suffered a personal injury in a cruise ship accident and aren't sure to whom you should turn for legal advice, it may not be easy to know where to start. When there are many attorneys ready to take your case, how do you know which one is the best fit? You need to find a Cruise Ship Injury Lawyer who will work efficiently. 

To ensure your claim gets handled properly, you need one with experience with cruise ship cases. Cruise ships follow strict regulations and use specific tactics when operating on open waters. Your attorney should understand these regulations well and know how to navigate them to maximize your chances of success in your claim. Read to learn if you should hire a maritime attorney if you get a cruise ship accident.

Have Significant Experience

Maritime law attorneys can be a great resource for cruise ship accident victims and their families. They have significant experience with maritime law and are well-versed in the laws that govern shipping companies, including liability and death compensation.

Maritime law is complex, so having the right legal representation in your corner is essential. You'll need someone who understands the maritime industry, so they can ensure you get protected from legal issues during your case.

They Have Connections

The attorneys have connections because they work with other professionals in the industry. For example, if your case involves an oil spill, they will have connections and access to experts who can help find solutions for your situation.

They are Excellent Witnesses

Cruise ship accidents are a serious problem for the industry, and maritime law attorneys can help you get the best compensation for your case. They will be excellent witnesses for your case and will be able to explain the details of what happened to the judge and jury.

They will also communicate with your insurance company and other people involved in your case. They will also testify on your behalf if needed, which is essential because many judges do not want to hear from anyone but the injured party.

No Upfront Payment

A maritime lawyer will cost you nothing upfront; they work on a contingency fee basis. Instead, the lawyer will get paid if they win your case and get money from the other side. It is a great way to get your case going without worrying about paying for the attorney immediately.

While most lawyers charge by the hour, some maritime lawyers do not charge an hourly rate at all. Instead, they charge according to how much work they need to do on your case.

If you don't want to spend thousands of dollars on an attorney to see if they can help your case, this is the best way to go! You'll only have to pay if something happens with your case. You don't have to pay if they can't get you money from the other side because of a lack of evidence or insurance coverage issues.

Pursuing Claims Is Hard

The different laws and regulations that apply to cruise ships make it difficult for passengers to understand the process of filing a claim or even know where to begin.

If you get injured and believe your cruise ship accident case may be worth pursuing, you should consider hiring a maritime law attorney. A maritime lawyer helps you understand the legal process involved in pursuing a claim and ensure you understand the steps needed to get compensation for your injuries or loss of income.

No Consultation Fee

A maritime lawyer will help you navigate through the legal system and will be able to work with other attorneys and judges on your behalf.

There is no consultation fee when you hire a maritime lawyer. The attorney will only charge you for their services once they have completed your case. The cost of legal services varies depending on the case and whether or not it gets settled.

Can You Maximize Your Claims If You  Hire a Maritime Accident Lawyer?

Maritime accidents and disasters are among the most devastating and catastrophic events in a company's history. They can lead to millions of dollars in damages, lost revenue and productivity, and a loss of public trust.

In cases involving maritime accidents, it is essential to have an experienced attorney who understands how maritime law works—and how these laws apply to your specific case. A maritime accident lawyer will help you navigate the complicated legal system and ensure you receive maximum compensation for your losses.

What Happens After the Cruise Ship Accident

You'd need to find a maritime law attorney to help you navigate the legal process and recover damages for your injuries.

First and foremost, your cruise ship accident case will likely involve filing a claim with the cruise line's insurance company. It is done by filing an insurance claim form with the cruise line's claims department. The claim form will include details about your injury and who was at fault for causing that injury.

If multiple passengers are involved in an accident, or if more than one person was injured or killed due to an accident, you'll need to file separate claims forms. Each person must fill out their version of this form so that all parties receive fair compensation for their losses.

Once you file the claim, an adjuster reviews it and determines whether or not it's valid. If so, they'll write up an initial estimate of damages and send it to the insurance company.

Please keep track of all communication between yourself and your insurance company through their process. It includes letters regarding your case and documents they send you asking questions about what happened or requesting additional information.

Navigating legal issues are complex and confusing. Finding the right attorney is a key part of the equation. Take some time to investigate which types of cases your potential lawyer is most experienced in handling. Hiring an experienced maritime lawyer provides the benefits you need from a legal representative and helps ensure your best interests get considered in your case.

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Guide https://www.attorney4injury.com/guide/should-i-hire-a-maritime-law-attorney-for-my-cruise-ship-accident-case-241.shtml https://www.attorney4injury.com/guide/should-i-hire-a-maritime-law-attorney-for-my-cruise-ship-accident-case-241.shtml Editor Mon, 19 Sep 2022 00:03:48 -0400
What Is Liability in a DoorDash Car Accident? One of the numerous food delivery services accessible to almost everyone is DoorDash. Although you may not give delivery much thought, you should, especially in light of what might happen in the event of an accident.

Because of the intricate nature of some circumstances, the food delivery service may be required to establish fault. A Los Angeles DoorDash accident attorney will be necessary to advise you on your legal options if you are a DoorDash driver or the victim of a DoorDash automobile accident.

How does insurance function?

For drivers who deliver meals, insurance is complicated. DoorDash claims that they only provide insurance to their drivers in the event of an accident during a live delivery. Another restriction is that the motorist must first contact their insurance provider. So, once the driver has used their own insurance, they can only use the delivery service insurance. All delivery drivers are expected to have current operational insurance policies; otherwise, they will not be allowed to file claims under DoorDash medical insurance.

To be eligible for DoorDash coverage, you must have the driver's insurance company deny the claim and be responsible for third-party losses incurred during an active distribution. From when the driver approves a delivery request until the customer receives the order, delivery is active. The current delivery status will also stop if a purchase is canceled. A DoorDash driver will not be able to access the insurance coverage if they are signed in to the application but have not yet accepted a delivery.

Things can get considerably trickier if a DoorDash driver hurts you. It may be challenging to determine which coverage you should be battling, even if you might have your own insurance business to deal with. You could be uncertain whether DoorDash or the driver's personal insurance provider should be your target. 

Compensation following a collision

The good news is that the limits are substantially larger than those of a personal insurance policy if the DoorDash insurance policy can handle your case. In an accident, their coverage will pay up to $1,000,000 in personal injury and property losses to third parties. This does not imply the amount of reimbursement you will get. The circumstances that led to your injury and your sustained losses will decide how much compensation you receive. You might be eligible to get paid for the following:

  • damage to property
  • Medical costs
  • hospital bills
  • Distress and suffering
  • emotional distress, loss of pleasure in life
  • Damages from disability
  • Unintentional death
  • Survivors' rights
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5 Questions People Ask About Vaccine Injury Claims

Vaccines save lives and prevent dangerous diseases, but children and adults can suffer severe and permanent vaccine adverse reactions in very rare cases. Below are some of the most frequently asked questions about obtaining compensation for vaccine injuries.

How do I receive compensation for an adverse vaccine reaction?

The National Vaccine Injury Compensation Program (VICP) is a federal program set up to compensate people injured by certain vaccines. A claim can be filed by a qualified vaccine injury lawyer on behalf of the person injured by one of the vaccines covered by the VICP. The U.S. Court of Federal Claims decides who will be compensated.

To be eligible to file a claim, the effects of the vaccine reaction must have lasted for more than six months after vaccination, resulted in a hospital stay and surgery, or resulted in death.

Why is it important to be represented by a lawyer?

Most people use a lawyer to file a vaccine injury claim, according to the U.S. Department of Health and Human Services’ Health Resources and Services Administration. An experienced lawyer knows how to navigate the complex claim process. The vaccine lawyers at Anapol Schwartz are admitted to the United States Court of Federal Claims in Washington, D.C., where filing a petition with all the necessary information can be a daunting task.  It’s vital to have proper legal representation to ensure all the necessary documentation is submitted for review by the court in a timely manner.

The VICP – not the victim – pays all lawyer fees and other related legal costs if certain minimal requirements are met.

Does my lawyer have to work in my state?

No. It’s more important to contact a lawyer with years of experience and success with vaccine reaction claims.  Vaccine injury lawyers can work on behalf of people from all over the country.

What are the deadlines to file a vaccine injury or death claim?

The general filing deadline for an injury is three years after the first vaccine injury symptom. For vaccine death cases, a claim must be filed within two years of the death and four years after the start of the first symptom of the vaccine-related injury from which the death occurred.

When a vaccine is newly covered by the VICP or a new vaccine reaction is added to the vaccine injury table, claims that do not meet general filing deadlines must be filed within two years from the date the new item is added to the table for injuries or deaths that occurred up to eight years before the change.

What is the next step if I suspect a vaccine caused me or my child to suffer an adverse reaction?

If you or a loved one suffered a severe vaccine reaction after administration of a Vaccine. Contact a vaccine injury lawyer. Most injury attorneys offer a free legal evaluation to review the details of your situation and to advise if you or your loved ones injuries sustained a vaccine reaction qualify for a legal claim.

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Guide https://www.attorney4injury.com/guide/5-questions-people-ask-about-vaccine-injury-claims-239.shtml https://www.attorney4injury.com/guide/5-questions-people-ask-about-vaccine-injury-claims-239.shtml Editor Sun, 11 Sep 2022 00:02:54 -0400
How to Deal with an Academic Dismissal? Pursuing higher education at a good educational institution is an important step in a student’s life. Their main goal here is to graduate with good numbers. While some students put in their best and come out with flying colors, for some it is not the same. They struggle to meet the academic performance standards that are set up by the college. If the student fails to make academic progress or does not perform as mentioned by the code of conduct of the college, they might be dismissed. Such academic dismissal can be a major setback for students. Wish to know more? Visit studentdisciplinedefense.com

How to deal with academic dismissal?

An appeal in person: You can ask for an in-person appeal to impress and assure the college’s appeals committee by stating the factors that led to your dismissal and how given a chance you will give your best. During the in-person appeal, ensure that you dress properly, talk politely, express your gratitude for the opportunity, and assure them to improve your academic performance. 

Write an honest appeal: If you are opting for a written appeal, make sure you are honest about the reasons that affected your academic performance. Mention clearly all the details about what steps you are taking to ensure your grades improve. Request them to re-enroll you by writing an appeal letter filled with politeness and humility.

Parents should not interfere: College students are grown up enough to handle these situations. The appeals committee might not be impressed if parents are involved in the in-person appeals. The committee is very meticulous about students standing up for themselves and planning on how to fix the mistakes.

Apply to other colleges: If you feel that the reason for your academic dismissal is strong, then it is best to apply to other colleges immediately. Most colleges accept transfer students with academic dismissals. Research for such schools and apply immediately. 

Hire an attorney: For a fair appeals process, it is best advised to hire a reputed attorney. The attorney will make the contents of your appeal compelling enough to be given a second chance by the college. 

There are various factors of distraction that can lead to the poor performance of a student. However, it is the responsibility of the student to avoid such distractions and concentrate on their studies. If you are going through an academic dismissal, you can always appeal in person or submit an appeal with the help of a reputed and skilled attorney. Working with an attorney will definitely increase your chances of getting an appeal to pursue your education without any hindrance.

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10 Key Facts About Motorcycle Accident Injury Claims in New Jersey

Motorcycle accidents often result in severe injuries, and the costs of recovering from these injuries can be substantial. If you have been seriously injured in a motorcycle accident in the Paramus area, here are 25 key facts about your claim for financial compensation:

1. Motorcycle Accidents are Becoming More Common in theNew Jersey.

According to data from the Illinois Department of Transportation (IDOT), motorcycle accidents are on the rise. Over the past few years, we have consistently seen more serious and fatal motorcycle accidents in and around Paramus.

2. Motorcycle Accidents are Far More Likely than Other Types of Accidents to Result in Severe Injury or Death.

IDOT’s data also indicate that nearly 99 percent of motorcycle accidents result in injuries or death; and, while motorcycle accidents account for just over one percent of all vehicle collisions, they account for more than 14 percent of all accident-related fatalities.

3. Practicing ATGATT Can Help Protect You, but It Will Not Prevent All Injuries.

While it is recommended that all motorcycle riders follow ATGATT (which stands for “All the Gear, All the Time”), doing so will not necessarily protect you in the event of a crash. Broken bones, road rash, loss of limbs, and other types of severe traumatic injuries can occur even if you are fully clad in high-quality motorcycle riding gear.

4. Even if You Wear a Helmet, You Could Still Suffer a Concussion or Other Traumatic Brain Injury (TBI).

Likewise, while wearing a helmet can greatly reduce your risk of a severe or fatal head injury, riders who go down can still suffer concussions and other types of traumatic brain injuries (TBI). If you are experiencing symptoms of a concussion or other TBI, it is important that you seek medical attention right away.

5. Motorcycle Riders have the Same Legal Rights as Other Motor Vehicle Drivers and Passengers.

As a motorcycle rider, you have the same legal rights as everyone else on the road. Among other things, this means that you have the right to occupy your lane without interference from other vehicles, and you have the right to recover just compensation when a “cage” driver causes an accident.

6. The Process for Filing a Motorcycle Accident Claim is Similar to Filing a Car Accident Claim.

The process for filing a motorcycle claim is largely the same as the process for filing a car accident claim as well. You should report the accident to your insurance company promptly; and, if the driver who hit you was at fault, his or her insurance company should “subrogate” your insurance company for any amounts paid to you directly.

7. Unfortunately, Many People have a Bias Against Motorcycle Riders.

However, securing payment after a motorcycle accident is rarely this straightforward. In fact, due to the bias against motorcycle riders, securing financial compensation after a motorcycle accident can often be more difficult than securing compensation after any other type of vehicle collision.

8. After a Motorcycle Accident, it is Up to You to Protect Your Legal Rights.

As a result, as an injured motorcycle rider, it is up to you to protect your legal rights. You need to be prepared to fight for what is right, and the best way to do this is to hire an experienced motorcycle accident lawyer to advocate on your behalf.

9. Regardless of the Type of Accident, You May be Entitled to a Financial Recovery.

When seeking compensation for injuries sustained in a motorcycle accident, the nature of your accident is not nearly as important as the cause. High-side accidents, low-side accidents, rear-end collisions, T-bone collisions, and all other types of motorcycle accidents can support claims for financial compensation.

10. There are Some Steps You Need to Take as Soon as Possible.

In addition to speaking with a New Jersey attorney as soon as possible, there are some other steps you should take after a motorcycle accident in NJ as well. These include seeking prompt medical attention, following your doctor’s advice, and writing down as many details about the accident as you can remember.

Get Started with a Free Initial Motorcycle Accident Consultation at Vacardipane & Pinnisi, PC

To schedule your free initial consultation with a New Jersey motorcycle accident attorney, please call (866) 643-1026 or contact us online. One of our attorneys will be happy to meet with you in person to discuss your legal rights in confidence. Remember, you pay nothing unless we win.

Author

Dawn M. Pinnisi is a Managing Partner of the Firm.  She was born and raised in Brooklyn and attended Brooklyn Law School.  Ms. Pinnisi predominantly handles injury claims in New York and New Jersey on behalf of victims of product liability, professional malpractice, and negligence.  She has twenty years of litigation experience advocating for injured clients and has recovered millions of dollars in jury verdicts, settlements, arbitrations, and mediations on behalf of injury victims.

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Guide https://www.attorney4injury.com/guide/10-key-facts-about-motorcycle-accident-injury-claims-in-new-jersey-237.shtml https://www.attorney4injury.com/guide/10-key-facts-about-motorcycle-accident-injury-claims-in-new-jersey-237.shtml Editor Thu, 04 Aug 2022 23:12:41 -0400
Dealing with Vehicle Accidents in South Carolina

Driving is fun. Regardless of the vehicle, many people enjoy driving. Nothing beats the adrenaline rush and the feeling of freedom and possibilities that an open road can bring.

However, the pleasure associated with driving can create the misconception that it's pretty safe, especially on smooth, picturesque South Carolina roads.

South Carolina has an allure and charm that attracts many visitors annually. However, it also experiences thousands of car accidents annually.

Car accidents happen every day, regardless of your car safety, carefulness, driving skills and experience. 

When an accident occurs your body and brain respond by releasing adrenaline and endorphins.  This increases your physical alertness. Some accident victims may also exhibit calm after an accident because the endorphins block the stress and pain associated with the impact.

However, the emotional, physical and financial impact of an accident can become weighty immediately or over time. 

Here is how to deal with an accident in South Carolina.

South Carolina vehicle accident statistics

In 2021, South Carolina experienced over 1005 fatal accidents with 1080 deaths. In 2022, 529 fatal crashes resulting in 573 deaths have so far occurred.

Common types of vehicles accidents in South Carolina 

Head-on-collisions

These vehicle accidents happen when two cars traveling in opposite directions collide. Head on collisions are more likely to cause significant damage and injuries, especially if both vehicles were traveling at a high speed.

Hit and run

When a car strikes private property, a stationary vehicle, or a pedestrian, and flees the accident scene before the police, first responders, and emergency personnel arrive, it is considered a hit-and-run.

You may not only face legal penalties for leaving the accident scene, but also additional charges for the heartless and irresponsible behavior of leaving an injured bystander without medical attention.

Multiple vehicle accidents (pileup)

When three or more vehicles get involved in a crash, it's called a chain-reaction or pileup crash. These accidents occur when a primary car or two cars collide, and other motorists are unable to  become unable to swerve or brake in time, causing further accidents.

Rear-end collisions

Read-end collisions occur when you strike another motorist from behind. These vehicle accidents mostly lead to neck and head injuries, including whiplash.

The legal responsibility of the accident falls on the driver who has hit the other car unless it was a lead vehicle without working tail lights or the car was moving in reverse.

Rollovers

 Rollover accidents mean a car has turned on its side or its roof. Rollover vehicle accidents can happen when you try to take a sharp turn at high speed, when avoiding a road obstacle and you lose control or if you are driving in treacherous weather and road conditions.

Sport utility vehicles (SUVs) or large trucks have an increased risk of rolling over than smaller vehicles as their center of gravity is higher. However, any vehicle can experience a rollover crash.

Interstate crashes

South Carolina criss-crosses several significant interstates like I-20, I-77, I-26, and I-95. These locations are more likely to experience accidents.

For example, you may be about to miss your intended exit and decide to quickly change lanes, thus confusing other drivers and causing an accident.

Causes of accidents In South Carolina

Distracted driving

It's hazardous to drive while eating, texting, talking, or even staring at another motorist/vehicle.

Drunk driving

Although most drivers know drunk driving is dangerous, reckless, and even selfish, many people still do it. South Carolina ranks among the states with a high rate of drunk driving accidents.

Reckless driving

Accidents occur due to reckless actions such as road rage, excessive speeding, aggressive maneuvering, and weaving in and out of traffic.

Fatigue

Fatigue affects your ability to drive safely as it impairs your focus and concentration. This affects your reaction time and judgment making you more prone to accidents. Tired driving primarily affects people who sleep less than six hours, shift workers, and those suffering from untreated sleep disorders.

Tailgating

Tailgating is a form of aggressive driving where you are driving too closely/near  to the car in the front. It often leads to rear-end collisions.

The recommended space  between two vehicles is 2-3 meters. This space allows drivers to respond in time in case a motorist applies emergency brakes, swerves or spots an obstacle.

In conditions such as bad weather, maintain more than 5 meters of spacing to minimize the chances of being in an accident.

So what action do you take in case of a vehicle accident in South Carolina?

Things to do immediately – At the Scene

Call the police

Anytime an accident happens, call 911 and do it right there at the scene. Stay calm and answer the dispatcher's questions correctly and don't leave until the police arrive to avoid complicating the process further. 

As you wait for the police, move the car if possible, to a safer location to avoid causing more traffic and accidents.

Obtain the other involved party's information

It’s vital to gather the other involved party's insurance information, contacts, name, policy number, and photos. Document the data by taking pictures.

Request for witness information

If some people witnessed the accident, request their phone numbers, names, and addresses. However, don't force them to cooperate with you since it's their right to refuse your request. Asking politely will get you further.  

Remember, you can't contact them directly; only your lawyer has the right to reach them and obtain their statement.

Document the scene

Take detailed photos and videos of the accident scene. At the minimum, capture photos or video of;

  1. Your vehicle damage
  2. The other driver's vehicle damage
  3. Other involved party's drivers' license plate
  4. Video/images showcasing the entire crash area
  5. Traffic signals or signs within the crash vicinity

Request for the police report

Before leaving the accident scene, request for the police report or ask if you can collect later. Such information is vital when filing for compensation or in case of a court case.

Call your lawyer

Vehicle accidents can become complicated affairs. As such, call your lawyer immediately. In case you do not have one, engage an experienced car accident attorney as soon as possible and allow them to handle any legal matters arising, no matter how minute. This ensures your interests are well-protected and gives you time to heal and recover.

Things to do later – After the accident scene

See a doctor

After leaving the accident scene ensure you promptly go to see the doctor whether you have visible injuries or not. Sometimes the adrenaline can prevent you from feeling any pain immediately. However, to rule out internal injuries, ensure you get checked.

Additionally, document your medical journey and always get a detailed medical report. This is crucial when claiming financial compensation. However, if you need emergency care immediately at the scene, call an ambulance. Your health comes first.

Create a file

Create a personal file for all communication and records related to the accident and injuries. Keep a copy of statements, medical care receipts, insurance claims, police reports, and other relevant documents.

 Documenting your accident journey may become vital in case you want to change lawyers, feel short-changed on your compensation, or plan on challenging the court’s decision.

Stay off social media

While your insurance claim is pending, or you have a court hearing, avoid discussing your case on social media or with others. The insurance company may monitor your account to gather information that may contradict your statement and thus reduce your compensation payment.

Communicate promptly

Ensure you answer your lawyer, doctors, and even insurance company questions promptly to avoid a delay in filing for the court case. Remember, in South Carolina the statute of limitations for filing a car accident claim is three years from the accident date.

Final thoughts on dealing with a vehicle accident in South Carolina

Dealing with a vehicle accident can be stressful. However, clear guidelines to follow can go a long way in protecting your legal rights, health and finances. Let your legal team assist you in handling the process but stay informed and in communication to follow the progress.

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Claiming Compensation When You Contributed to Your Accident You probably know you can claim compensation if you’re in an accident caused by someone else, but what happens if you’re also to blame?

Perhaps another driver rear-ended your car, but you were driving too slowly or were distracted at a stop light and didn’t accelerate when the driver expected you to.

Maybe you slipped at work on a wet floor because cleaning contractors failed to set down signs, but you were looking at your cell phone and not where you were going.

The other party might argue that the accident could have been avoided — or might not have been as bad — if you were paying attention or taking more care, and they might have a case.

But how does that affect whether you can claim compensation?

What Are Negligence Laws?

Negligence laws vary by state, so when an accident is partly your fault, you may still be entitled to compensation. In some states, though, you won’t be able to claim at all.

Personal injury negligence laws are split into three categories:

  • Contributory negligence
  • Pure comparative negligence
  • Modified comparative negligence.

Contributory Negligence

Contributory negligence is the strictest type of negligence law in effect in the U.S. This law prevents a plaintiff (the person seeking compensation from another party) from claiming if they are at fault.

It doesn’t matter if another person or party was majorly responsible or if you’ve sustained severe injuries — if you contributed in any way, you cannot recover damages.

For example, let’s say you’re crossing a road and fail to check for traffic before darting across, resulting in you getting run over and breaking several bones.

If the accident happens in a state with contributory negligence laws, you wouldn’t be able to claim compensation.

Why? Because crossing the road without care — such as darting across or failing to wait for a stop light — constitutes recklessness. The driver who ran you over might be intoxicated or distracted, but this won’t change the outcome, and you’ll still be barred from a claim.

Contributory negligence has its fair share of critics — attorneys have slammed this doctrine as “archaic” since the 1950s. Yet, decades later, it continues to be implemented in Alabama, Maryland, North Carolina, and Virginia.

Pure Comparative Negligence

If contributory negligence laws are the most restrictive, pure comparative negligence laws are the other side of the coin.

In states implementing these laws, a plaintiff can file a personal injury claim regardless of their level of liability (providing they are not 100% responsible, in which case they cannot claim from another party).

Let’s illustrate this with another example. If you’re at a stop light and the vehicle behind you rear-ends your car because you were distracted when the lights turned green, you might be majorly responsible for your accident.

The other driver will still be partly liable because they failed to see you weren’t accelerating, but you are ultimately at fault because you were driving while distracted and should have hit the gas when the lights signaled you to.

In this case, you might be 70% responsible for the accident. However, in states with pure comparative negligence laws, you can still claim compensation for any injuries you’ve sustained, any wages you’ve lost because you’ve been unable to work, and pain and suffering.

Your compensation will be reduced by your percentage of fault, so if you are 70% liable, you can recover the remaining 30% from the other party.

The twelve states that adopt pure comparative negligence laws are:

  • Alaska
  • Arizona
  • California
  • Florida
  • Kentucky
  • Louisiana
  • Mississippi
  • Missouri
  • New Mexico
  • New York
  • Rhode Island
  • Washington

Modified Comparative Negligence

In the midpoint between contributory and pure comparative negligence laws sits modified comparative.

Like pure comparative, modified comparative laws allow plaintiffs to claim compensation if they are partly at fault for the accident — but only if their liability falls below a set threshold.

This threshold varies by state but is always either 50% or 51%.

Most states (33) in the U.S. adopt this law, with 23 states having a cap of 51% and 10 setting a cap of 50%.

To illustrate this law, we’ll look at our previous two examples.

If you are in the same rear-end car accident explained above where you are 70% at fault, you will be able to claim compensation if you’re in a pure comparative state such as Florida. However, if the accident happens in Arkansas, which adopts the 50% rule, you will not be able to claim, as you can only do so if you are 49% or less responsible.

In the example of contributory negligence, where a pedestrian injured while recklessly crossing the road would not be able to claim, the outcome would be different in a modified comparative state.

If this accident happened in Texas, where the cap for claiming compensation is 51%, and you are just 20% responsible, a personal injury lawyer in McAllen would be able to help you recover that other 80% in compensation.

South Dakota and Slight-Gross Comparative Negligence

There’s one exception to the negligence laws outlined above, and that’s in South Dakota. Here, a plaintiff can recover compensation if their fault was “slight” and the other party’s contribution to the accident was “gross.”

If the plaintiff’s fault is slight — rather than another party being 100% liable — the compensation they’re awarded is reduced accordingly, but if the fault is more than slight, or there is no discernible difference between the fault of the plaintiff and the defendant, they cannot claim compensation.

Because negligence laws vary by jurisdiction, it’s difficult to offer blanket guidance for the situation you might find yourself in. If you’re in an accident and it was partly your fault, it’s easy to assume you won’t be entitled to compensation, but that might not be the case. You should always seek advice from an attorney — many offer free consultations — as you may be entitled to a significant sum to help you move forward after your injuries.

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Guide https://www.attorney4injury.com/guide/claiming-compensation-when-you-contributed-to-your-accident-235.shtml https://www.attorney4injury.com/guide/claiming-compensation-when-you-contributed-to-your-accident-235.shtml Editor Wed, 03 Aug 2022 23:32:11 -0400
Do I Need to Hire a Lawyer After a Car Accident? If you have been involved in a car crash, you are most likely in pain, confused, and overwhelmed. Moreover, you may not be in the right state to make logical choices that can help you protect your health and legal rights. In such a situation, you should immediately contact an attorney who can protect your rights, so you focus on healing and getting better. Some of the reasons why you should get an attorney immediately after a vehicle crash include:

They know everything about the law

Unless you have legal training, you probably don’t know about the laws that pertain to your specific incident, including the statute of limitations and comparative fault. However, an attorney deeply understands personal injury law and can help you identify the relevant laws related to your crash and how they are interpreted in court. Thus, when you hire an attorney, you stand a better chance of winning the case and getting full compensation for your losses.

They know how to handle insurance companies

If you decide to deal with an insurance company without any legal representation, you can get very low and unfair compensation. This is because insurance adjusters usually focus on protecting their company rather than offering you the full amount that can cover all your losses. On the other hand, hiring an attorney that is experienced in handling negotiations with insurance companies will enable you to win the highest compensation possible.

They can calculate the settlement you deserve

Your legal representative will help you to calculate the amount of compensation you deserve based on the losses you have incurred. For instance, they will factor in all the expenses you have incurred such as the medical expenses, pain and suffering, lost wages, vehicle repairs, loss of consortium, and physical therapy, and come up with an amount that can cover all of those.

They will prove liability

Your legal expert can strengthen your claim by proving the four elements of negligence; the other party owed you a duty of care, they breached the duty, you sustained injuries as a result of their negligence, and subsequently suffered losses due to those injuries.

Since many factors determine whether you will win the lawsuit or not, you should enlist the services of a North Carolina car accident lawyer at Riddle & Brantley who can prove liability and provide references to cases and citations that can support your claim.

They will support your case with evidence

The legal expert will conduct a thorough investigation and collect evidence that connects your injuries to the crash. Some of the evidence that can be used to strengthen your claim include your medical records, accident reports, statements from witnesses, vehicle crash photos, and video footage from witnesses or nearby business cameras.

In addition, they will help you collect all documentation of the expenses which can be used to calculate your settlement amount. For instance, they will assist you to gather all your medical documents such as the diagnostic records, bills for treatment received, tests and prescriptions.

Furthermore, they will also obtain documentation showing the number of workdays that you missed and the lost wages. All these documents will be evidence linking your losses to the crash and will also be used by insurance adjusters to calculate your settlement.

Conclusion

Therefore, after you have been involved in a vehicle collision, you need to hire an attorney to increase your chances of getting full justice for your injuries. The expert will help you to recover your financial losses so you can continue to earn a living and provide for yourself or your dependents.

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Guide https://www.attorney4injury.com/guide/do-i-need-to-hire-a-lawyer-after-a-car-accident-234.shtml https://www.attorney4injury.com/guide/do-i-need-to-hire-a-lawyer-after-a-car-accident-234.shtml Editor Mon, 01 Aug 2022 23:31:35 -0400
Car Accident Lawsuits Car accident lawsuits are inherently confusing. This reason alone is why accident victims are encouraged to hire a personal injury attorney to assist them with their case.

If you have been injured in a car accident, regardless of the stage you are in, you are most likely going to have a few questions. To ensure that you get as much information as possible upfront, we have compiled a list of these common questions, along with answers, for you to review.

These questions and answers do not supplement actual legal advice. Therefore, it is best to consult with a personal injury lawyer any time you have questions about a potential lawsuit. While waiting for your consultation, here is a list of the common questions and answers other victims have requested in the past.

The insurance company has requested a written statement – do I have to provide one?

The answer will depend on which insurance company is asking for this statement. If it is your own insurance company, you may be required to provide a statement. However, it is still within your right to request that you consult an attorney before doing so. Realize that you are not required by law to furnish a written statement, and you should be cautious about doing so until you have an attorney representing your case.

After a car accident, do I really need an attorney?

Insurance companies have attorneys working for them, and they work on the assumption that you will not hire your own attorney. They fight to make sure you do not get the settlement you deserve for your injuries. Therefore, it is always best to hire an attorney. An attorney does cost money, but legal representation ensures that you receive the compensation you deserve.

How much does a personal injury attorney cost?

Every attorney charges different fees, but most will work on a contingency basis. This means that the attorneys are only paid if they win your case. Therefore, there is not much to lose when hiring an attorney.

Contingency fees are a percentage of the settlement recovered by the attorney. To find out what your attorney may charge, you will want to review the agreement and see what contingency percentage is requested.

Should I contact the police after a car accident?

Yes, you should. You are required by law to report a car accident to the local authorities, even if the damage is minor. The police will then instruct you on what to do next. Sometimes, if the damage is minor, the officer will give you a case number over the phone and then you will be allowed to leave the scene. Other times, you must wait for police to arrive and do an official police report at the scene of the accident. Do not leave the scene until you have contacted the police and have been given permission. Doing so could constitute a hit and run, even if you were not the one who caused the accident.

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Guide https://www.attorney4injury.com/guide/car-accident-lawsuits-233.shtml https://www.attorney4injury.com/guide/car-accident-lawsuits-233.shtml Editor Wed, 27 Jul 2022 23:12:35 -0400
Why Should You Hire A Business Attorney? A Business Attorney knows the law and is familiar with the latest legal news, and the training to handle all your business needs. Whether you are starting a company on your own, with partners, or with investors, a Business Attorney can help you protect your business and your investment, prevent misunderstandings with your business partners, and most importantly, protect yourself from personal liability for business debts and legal obligations.

Do You Need a Business Attorney?

You have saved money to start the business of your dreams and have a business plan ready to be executed, but you still have several preliminary concerns to address. The decisions you make at an early stage will affect your daily operations going forward. From choosing the name of your business and making sure it is available for you to use, to properly selecting the type of business entity that is right for you, you need the advice of a Business Attorney blog. The selection of a business name may be either unavailable, or maybe already in use by someone who may be a senior holder, or the name you chose for your business or the product you will be offering, may also conflict with a word known to the public.

The preliminary decisions you make at an early stage of the execution of your business plan will save you time, money, and problems in the future. A Business Attorney has the knowledge, the training, and the skills to advise you properly. An attorney or paralegal understands the law, has your best interest in mind, knows how to file documents with different authorities, can explain your rights, the pros and cons of a legal situation, and can prevent you from making mistakes.

These are some of the reasons that justify why hiring a Business Attorney is a good investment decision:

What Are Your Options?

A Business Attorney will make sure you make an informed decision that is right for you. Your options depend on your short- and long-term business goals and on the type of business you are about to start. Do you need liability protection? Will you have business partners? Will you hire employees or raise capital in the future? Will your immigration status and income level have an impact on the type of entity you choose? A Business Attorney blog will explain to you whether starting a business as a Sole Proprietor or forming a Corporation, a Limited Liability Company, a Partnership or some other entity, is the best option for you.

Protect Yourself and Your Family's Assets

One of the reasons to incorporate a business is to protect you and your assets from personal liability. However, filing articles of incorporation or articles of the organization alone, will not release you from personal liability. An entity must be properly formed according to law and must comply with the statutory formalities. You must keep and operate the business separate from your finances. These are basic considerations that will give you initial protection.

Buying or Selling a Business

Whether you are buying or selling a business, there are many legal consequences associated with it. A Business Attorney will conduct the due diligence and advise you whether you should buy the stock of a company or its assets, will write the acquisition and purchasing agreements, and transfer the licenses and permits necessary to continue operations. An experienced Business Attorney will help you save money and avoid liabilities.

While there are many issues successful business owners can handle on their own when starting a business, there are times when a business faces issues that are too complex, and that requires to be handled by an experienced Business Attorney. You need to have an attorney you can trust when you need one. Most clients choose Business Attorney for their business legal needs while they focus on growing their businesses.

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Guide https://www.attorney4injury.com/guide/why-should-you-hire-a-business-attorney-232.shtml https://www.attorney4injury.com/guide/why-should-you-hire-a-business-attorney-232.shtml Editor Wed, 27 Jul 2022 07:00:48 -0400
How Long Does It Take to Investigate a Fatal Car Accident? How Long Does It Take to Investigate a Fatal Car Accident?

Although fatal wrecks happen in an instant, the same can not be said about the crash investigation. How long does it take to investigate a fatal car accident? There are a lot of details the investigators need to determine what happened, and it can take two months for an investigation to be completed.

One example of why it can take so long for a crash to be investigated is officers may have to have blood drawn from the at-fault driver to see if they are intoxicated. It can take weeks to get toxicology tests back. The results of the test will help them determine whether or not to pursue criminal charges.

If your loved one was killed in a car accident and they weren’t at fault,  it can be difficult to remain patient while an investigation occurs. Your patience in this matter will be worth it in the end because you will be able to take the findings of the investigation with you into court.

What Happens at the Scene of a Fatal Crash

Immediately after the crash happens, any injured or deceased parties will be taken away by ambulance. The scene will be taped-off similar to a crime scene. After this, the investigators will begin examining the scene for evidence that can help them determine how the accident happened and who was at fault. To determine this they may use:

  • Tire skid marks
  • Gouges or scratches in the asphalt
  • Destroyed guardrails or other property
  • Biological evidence

Next, investigators will map out the scene of the accident and take precise measurements. They can use this information to create a computerized accident reenactment that can be used in court.

What Happens to the Vehicles

After the scene has been investigated, the vehicles that were involved in the crash will be towed away. They will remain in a secured area of the tow lot until the investigators have finished collecting evidence from the vehicles. This can involve:

  • Documenting any damage to the vehicles
  • Verifying that the seat belts were in working order
  • Downloading information from the vehicle’s computer

The evidence that is collected from the computer can give investigators critical information like whether or not the drivers attempted to brake, whether the seat belts were in use, and how fast the cars were traveling.

What Happens During Witness Interviews

Investigators will question any witnesses who come forward about the crash. These witnesses are not always interviewed at the scene. They may have kept driving because they didn’t realize how serious the accident was. In some cases, the witnesses may not have witnessed the accident but may have seen one of the drivers involved driving dangerously.

Typically, the investigators will complete the witness interviews within the first ten days after the crash, when their memories are still fresh.

Charges That May Be Brought

Depending on the investigators’ findings, charges may be brought against the at-fault driver. Drivers can be charged with vehicular manslaughter, felony manslaughter, and even murder. Not all cases will result in charges, and in some cases the driver who caused the accident may be determined to not have been at fault at all. Often, these cases end up in civil court.

A car accident lawyer helps you figure out what damages you are eligible to collect. If you end up in civil court, you may choose to represent yourself, but this is not the wisest choice after a serious accident that resulted in death. Some of the damages involved in these cases are difficult to calculate, such as how much the deceased would have earned if they were still alive.

A lawyer will make sure your settlement or award is fair, and they’ll prevent you from settling for too little because you want to get it over with. The most important thing an attorney can do for you is to handle the details so you can keep your focus on helping your family to move forward after such a tragic event.

Conclusion

How long does it take to investigate a fatal car accident? Although you may be frustrated over the length of the investigation, it’s important to keep in mind that it can’t be avoided because the investigators must carefully inspect every aspect of the crash. They are meticulous because they have to be, and in the end this will be to your benefit.

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Guide https://www.attorney4injury.com/guide/how-long-does-it-take-to-investigate-a-fatal-car-accident-155.shtml https://www.attorney4injury.com/guide/how-long-does-it-take-to-investigate-a-fatal-car-accident-155.shtml Editor Mon, 25 Jul 2022 01:15:59 -0400
Accident While RVing in New Jersey: Know Your Rights

The RVing lifestyle has lured many adventure lovers with its possibilities. The enticement of adventure, exploration and the freedom of open road has seen many travel enthusiasts opting for the RVing life.

Additionally, the affordability of RVs has attracted people of all walks of life.  From young adults who would otherwise be saving for a deposit for their first mortgage, to retired seniors and empty nesters looking to downsize and travel.

According to research by the RV Industry Association, approximately 11.2 million Americans own an RV, with another 9.6million intending to buy one in the future.  In another surprising statistic, 22% of RV owners are between the ages of 18 and 34.

However, RV drivers can pose a real danger. From the inexperienced younger drivers to older drivers unaccustomed to larger and oversized vehicles, RV driving requires specialized skills  to operate and maneuver around safely.

However, even with the most experienced of RV drivers, accidents do still happen. Accidents can have significant emotional, physical, and financial consequences for all involved parties.

RV accidents in particular, can complicate your insurance and legal issues.

Understanding RV accidents

RV accidents can either be due to human or mechanical errors. 

However, regardless of the high number of RV owners and enthusiasts and their large size, they have a pretty low rate of accidents.

An average of 26 deaths and over 75,000 hospitalizations happen annually due to RV-related accidents.

Significant causes of RV accidents

●    Wind gusts

RVs have tall sidewalls and are top-heavy. As such, strong winds can easily sway them and cause them to flip over.

Additionally, when driving beside/near a large truck, like an 18-wheeler, it creates a vacuum that can draw you in. This can cause your RV to sway and lose balance.

●    Driving tired

Driving while tired significantly increases your probability of causing an accident. Fatigue can  impair your  judgment, coordination and response time.

It is advisable to stop and rest every couple of hours of operating your RV.

●    Mind-altering substances

Intoxicating substances such as subscription medication and alcohol can impair your ability to make the correct decision and react appropriately.

RVers must resist the urge to drive while under the influence of any drugs, prescription or otherwise, and alcohol.

●    Overloading

Driving an overloaded RV strains its suspension, brakes, and chassis. Going above the recommended weight can easily lead to accidents. 

It’s against the law to drive an overloaded RV. Should an accident occur due in your overloaded RV, it is deemed human error and the insurance doesn’t offer compensation.

Scale your RV to the right weight to prevent massive physical and financial risks to you and other road users.

●    Speeding

RVs are not designed to be operated at a high speed. High speed slows down braking time, increases pressure on different automotive parts and predisposes you to accidents. Driving your Rv at the recommended speed for the size and load is not only safer, but it also saves you fuel and keeps your RV running well.

●    Inexperienced drivers

RV drivers should hold a legal driving license and be above 21 years.

However, regardless of your experience and age, handling an RV requires extra skills like learning the best braking distance, pinpointing the position of pivot points, and knowing how to handle the backing up process.

All these skills equip you to handle the RV correctly and maneuver it well, especially on busy roads or in bad weather.

●    Runaway trailers

A trailer or towable car may hitch out from an RV and run down the road, posing a danger to others. To avoid this, ensure you balance the RV weight and use the proper hitch size and safety chains.

Using the correct hitch lock ensures the grabbing mechanism stays strong and safely hitched.

●    Mechanical disrepair

Motorhomes need frequent maintenance to keep various parts working perfectly. Preventive care on brakes and other components can save you thousands of dollars and prevent you from incurring unnecessary legal cases.

●    Blind spots

Because of their height and length, RVs have many blind spots. You can easily merge into other lanes, run over property, or back into something or someone without your knowledge. Use cameras and mirrors diligently.

Your rights in case of an RV accident in New Jersey

●    Documenting the scene

After an RV accident, you have a right to document the scene by taking videos and photos.

This includes pictures and videos of the involved parties, road conditions, vehicle and other property, signage, obstructions, and other factors that indirectly or directly contributed to the RV accident. Also, don’t forget to take photos of any injuries.

This documentation becomes an integral part of the evidence if the other party disputes the claim or when filling for one. Don’t apologize for documenting the scene.

●    Talking to witnesses

Collect the contact information of the people who witnessed the accident. This includes their names, telephone numbers, and address. If possible, request them to describe what they saw happen.

Witnesses at a future date may become helpful in proving the person liable for the accident. However, you cannot force the witnesses to give out their personal information.  Therefore, ask nicely and politely request their cooperation.

●    Calling 911 and/or the police

Regardless of whether the RV accident has no injuries or it’s just a fender-bender, you must call the police. Doing so ensures you receive an official accident report that protects you in case the other party disputes the accident occurrence and circumstances at a future date.

 Additionally, you need a documented police report for your insurance claims.

●    Requesting medical help

Even if you do not have visible external injuries, don’t rule out the possibility of internal damage. After an accident, your adrenaline levels rise which can mask injuries.

No one, not even law enforcement, should prevent you from seeking immediate medical attention and prioritizing your safety and healthy wellbeing.

Don’t forget to request treatment records, medical bills, and other specialist recommendations. They may come in handy when filing for injury compensation and legal action.

●    Contacting legal counsel

https://bit.ly/2lGqoDL

It is vital to consult a personal injury attorney and request for their immediate presence after an RV accident. Your lawyer is key to preventing the destruction of any evidence and protecting your rights.

After an accident, you may also be experiencing trauma from physical and emotional injuries. Having your lawyer by your side safeguards your interests and gives you peace of mind.

Remember to seek a trusted and knowledgeable personal injury attorney in NJ with a positive track record in handling RV accidents.

●    Remaining silent

After an RV accident, remember you don’t have any legal obligation to anyone. Do not apologize or admit fault for any indirect or direct behavior, This may indicate you might have caused the accident.

For example, if the other party starts complaining about injuries, don’t express your sympathy since they can interpret it as indirectly admitting fault.

Avoid any discussion of the occurrence with the involved parties. Doing so can distort your memory, thus preventing you from recognizing their opinion vs. the reality.

The other party might also use your response to gather more evidence and make biased conclusions.

Finally, do not at any given time discuss the RV accident with any third party, especially the other party’s insurance company. Instead, refer them to your lawyer.

●    Requesting for the Insurance Information

Under NJ law, RVs should operate with insurance coverage; however, some drivers use their RVs uninsured, which complicates things in case of an accident.

However, whether you have RV insurance coverage or not, if an accident occurs, it’s your right to confirm the insurance details of the other motorist. Check and document the other motorist insurance company, agent contact, and policy number for future claims and references.

●    Requesting for the police report

It’s within your legal right to receive the police report. This report consists of all pertinent information like the weather, road conditions, date, eyewitness statements, citations, location, accident diagrams, and any other aspects the police deem essential.

Remember, the police report acts as crucial evidence in case of court cases and claims.

●    Taking legal action

If you find it difficult to negotiate with the involved at-fault party insurance company, you can seek legal action and sue for compensation.

However, you have to prove beyond doubt that the accident was due to negligence, carelessness, and recklessness.

Remember, the insurance company will poke holes in your information to reduce the payout compensation. That said, avoid representing yourself in court since you might short-sell your claim payout. Instead, seek an experienced personal injury lawyer to handle questions, claims, and negotiators.

Final thoughts on RV accidents and your rights

Whether minor or significant, an accident is the worst nightmare for every RV driver. The aftermath of the accident can cause physical, emotional and financial injuries.

However, knowing your rights and following them religiously, can save you a lot more harm and injury.

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Guide https://www.attorney4injury.com/guide/accident-while-rving-in-new-jersey-know-your-rights-231.shtml https://www.attorney4injury.com/guide/accident-while-rving-in-new-jersey-know-your-rights-231.shtml Editor Fri, 22 Jul 2022 23:16:37 -0400
4 Tips for Choosing the Best Personal Injury Lawyer The most important factor in choosing a personal injury lawyer is experience. Whether the accident was your fault or not, you deserve an attorney or a Law Firm that will develop a winning strategy that could help you recover compensation for your losses. That’s why it's so important to find an experienced personal injury lawyer to handle your case. There's no more effective advocate than someone who has already handled similar cases in the past.

If financial compensation is what you're after and hiring a lawyer is indicated, choose one with outstanding credentials and a track record of success in handling similar cases. You should also research their professional background and evaluate their track record of recovering compensation for clients.

Here are 4 tips for choosing the best personal injury lawyer.

  • Determine your needs first

First and foremost, find out how much money you're likely to receive in the event your case is successful. You may be able to work this out yourself by gathering information from the internet or by talking to individuals who have filed similar cases. Have a thorough idea about the types of compensation you can expect.

  • Secure a list of potential lawyers

Once you know your requirements, put together a list of personal injury law firms with the expertise in handling your case. Then contact each one and request an initial consultation with the lawyer. You can consider getting feedback from your family members and friends as to which lawyer is best for you. In addition, you can also search online for personal injury reviews and ratings to know more about the services, charges, and reviews of different personal injury lawyers in your area.

  • Narrow down your list to at least 3 lawyers

You should narrow down your list to at least 3 lawyers. This can be done by using different criteria, such as consistency in winning cases, payment options and fees, and overall professionalism. Compare the personal injury lawyer's track record by checking his or her professional credentials and branch of law.

  • Go for a free consultation

Making use of free consultations for finding the best personal injury lawyer can save you lots of money. During the consultation, you should feel comfortable with the personal injury lawyer. Also, make sure that your lawyer is very clear about your needs, expectations, and compensation amount.

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Guide https://www.attorney4injury.com/guide/4-tips-for-choosing-the-best-personal-injury-lawyer-230.shtml https://www.attorney4injury.com/guide/4-tips-for-choosing-the-best-personal-injury-lawyer-230.shtml Editor Fri, 22 Jul 2022 03:12:03 -0400
What to Research Before Hiring a Truck Accident Attorney? Truck accidents can be incredibly severe incidents. Oversized trucks, including 18-wheelers or "big rigs," are frequently involved in accidents that happen at high speeds. Hence, having a knowledgeable Philadelphia truck accident attorney represent you will be beneficial if your customers or car sustained any injury. However, before your initial attorney session, it is advisable to do some research.

Information on the truck driver and the company

  • Which transportation firm is involved, and what is its name?
  • What is the name and number of the truck driver's license plate?
  • Do you have access to the truck's identification or license numbers?
  • Do you know the business driver's license number for the truck driver?
  • Have you conducted any background checks on the drivers or the trucking company?

Particulars of the Truck Accident

  • How did the mishap happen?
  • Was there a police report made?
  • What if any driving charges were brought against the drivers?
  • Was the scene documented with photos or videos?
  • Were any TV or other news organizations present?
  • Have you got the names and phone numbers of any witnesses or accident participants?
  • Were there any additional vehicles or parties involved?

Health Information Following a Truck Accident

  • What injuries did the accident cause you to have?
  • What was your initial assessment following the truck crash?
  • Were you brought to a medical facility? How long did you stay in the hospital, if so?
  • What are your current symptoms and medical diagnosis?

Your Car Post-Truck Accident

  • What is the year, manufacturer, and model of your car?
  • Is the car subject to a lien or bank interest?
  • When did you buy the car?
  • How well does the vehicle operate?
  • Was there any damage to, ding to, or dent in your automobile before the collision?
  • Have you taken before-and-after pictures of your automobile since the collision?

Financial and Personal Information About You

  • Your current job, if applicable?
  • Your pay or compensation?
  • Because of the accident, have you missed any time at work?
  • Have you got a current driver's license? Do you carry car insurance?
  • Is this the first time you have been in a vehicle collision?
  • If you've ever had a criminal charge against you?

Conclusion 

A truck accident lawyer can help to secure the best result. Whether you have inquiries about how to bring a claim against a commercial trucking firm, how to deal with the insurance firms, or simply what to do next, attorneys can help. 

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Guide https://www.attorney4injury.com/guide/what-to-research-before-hiring-a-truck-accident-attorney-229.shtml https://www.attorney4injury.com/guide/what-to-research-before-hiring-a-truck-accident-attorney-229.shtml Editor Fri, 22 Jul 2022 03:08:27 -0400
Top 4 Factors to Consider When Hiring a Personal Injury Attorney in Miramar A personal injury attorney is a lawyer who specializes in people who have been injured and are seeking compensation for their injuries. This area of law deals with accidents that occur through no fault of the person injured, often as the result of another person's negligence. Examples of personal injury claims include auto accidents in which the driver of another car is at fault, slip and falls on sidewalks, injuries from defective products, and medical malpractice. At these times, it is important to choose Miramar Legal Counsel.

The personal injury attorney you choose should be well versed in the liabilities associated with the negligence of others if you have been injured. In order for you to maximize your chances of receiving a maximum settlement amount for your injury, the personal injury attorney you choose should have experience in dealing with a variety of situations. 

We will discuss some of the factors to consider when choosing a personal injury attorney in Miramar, FL, below.

  • Experience

The best personal injury attorneys have extensive experience in dealing with car accidents, slip and falls, and other instances of negligence that result in injuries to their clients. Experience is essential if you want a personal injury attorney that knows how to handle your case swiftly and effectively. The more experience a personal injury attorney has at settling cases, the more valuable your case will be.

  • Knowledge of personal injury law

A good personal injury lawyer will know how to deal with the legal underpinnings of your personal injury case. The personal injury lawyer you choose should be well-versed with personal injury law. This is especially important if you want to get the best settlement amount possible. An attorney that has gotten used to dealing with different types of personal injury cases will be able to handle your case in a way that will give you the best results.

  • Work history

A personal injury attorney should have a history of positive work in the area of personal injury. This is the only way you can be sure that your case will be handled properly. When looking at a personal injury attorney's past work, a good way to evaluate their track record is to look at whether they have handled cases similar to yours.

  • Success rate

Success rates can be looked at on several different levels. They include the amount of settlements they have gotten for their clients, the percentage of cases that they have won, and the amount of time it took before those cases were settled.

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Guide https://www.attorney4injury.com/guide/top-4-factors-to-consider-when-hiring-a-personal-injury-attorney-in-miramar-228.shtml https://www.attorney4injury.com/guide/top-4-factors-to-consider-when-hiring-a-personal-injury-attorney-in-miramar-228.shtml Editor Fri, 15 Jul 2022 05:12:45 -0400
Can I Be Arrested for Possession of Drug Paraphernalia in California? California law prohibits the possession of a controlled substance if you don’t have a legitimate reason for carrying the substance, and it can result in a number of legal problems. But what about drug paraphernalia? The possession of drug paraphernalia can also result in minor infractions, and sometimes harsher punishments, while having serious long-term implications on your ability to find housing and employment. If struggling with a substance use disorder and certain criteria are met, charges could be expunged for those who successfully complete treatment at certain rehabs in California.

In this blog, we explain:

  • The definition of drug paraphernalia
  • Legal penalties and jail time associated with a drug paraphernalia conviction in California
  • California drug paraphernalia laws
  • What happens to first-time offenders of drug paraphernalia charges and conviction
  • Whether to hire a criminal lawyer to defend a drug paraphernalia charge in California

How is Drug Paraphernalia Defined?

Drug paraphernalia is an umbrella term used to describe any equipment associated with drug use. Under California law — Health and Safety Code 11364 (a) — drug paraphernalia is defined as the possession of a pipe, or any device, contravance, or instrument used for unlawfully injecting a substance specified under California’s Controlled Substances Act (HSC - 11000-11651), including:

  • Opiates
  • Opium derivatives, such as heroin codeine, dihydromorphine, morphine 
  • Stimulants: cocaine and methamphetamine
  • Mescaline
  • Peyote
  • Tetrahydrocannabinols 

Broadly speaking, drug paraphernalia devices and instruments might include:

  • Syringes* and needles
  • Pipes
  • Spoons
  • Inhalation tubes
  • Clips
  • Rolling papers
  • Combustion devices (i.e., something used to cook or vaporize drugs)
  • Tourniquets
  • Freebase kits

*Important note: Under California law (HSC-11364), you may not be charged with a drug paraphernalia offense for possession of syringes and needles for personal use, and syringes that have been safely disposed of in a sharps disposal container. This public health measure has been implemented until January 2026, in order to reduce the transmission of bloodborne diseases like HIV and viral hepatitis. 

Are There Viable Defenses to Drug Paraphernalia Charges in CA?

Yes. There are three possible defenses to drug paraphernalia charges in California, including:

  1. No possession: A person can only be convicted if they possessed drug paraphernalia. Possession is defined as either active possession or constructive possession:
    1. Actual possession means paraphernalia must either be found on the person, in their pockets, or in their hands.
    2. Constructive possession means the person had knowledge and access to paraphernalia and was aware of intended use. 
  2. Lawful possession: As mentioned above, under California law (HSC-11364), you cannot not be lawfully charged with a drug paraphernalia offense for possession of syringes and needles for personal use, or for syringes and needles that have been safely disposed of in a sharps disposal container. 
  3. Unlawful search and seizure: Under the Fourth Amendment of the US Constitution, citizens have the right to be free from unlawful searches and seizures and arbitrary arrests, by police. If law enforcement were found to have searched a person without due cause, the evidence can be excluded from the case, and the charges are liable to get reduced or dismissed altogether.

In order to successfully prosecute a drug paraphernalia charge, the prosecution must prove beyond reasonable doubt that: 

  • The person possessed drug paraphernalia or knew it was drug paraphernalia, and 
  • The paraphernalia was used to ingest, inhale, or inject drugs

Penalties and Jail Time Associated With a Drug Paraphernalia Conviction in California

Like drug possession charges, drug paraphernalia charges are also classed as a misdemeanor in the state of California.* If successfully prosecuted, the penalties for drug paraphernalia charges include:

  • Court fines of up to $1,000, and/or
  • Imprisonment of up to six months in county jail
  • Drug treatment programs, also known as drug courts, allow certain defendants (in cases of non-violent possession charges) to seek substance use disorder treatment instead of receiving a jail sentence. When the person completes the treatment and satisfies the conditions of the program, the charges are typically dropped. Failure to complete the program, however, can result in prosecution.
  • Probation, which is often combined with other punishments like fines, means the person convicted must follow a set of conditions listed by the court and regularly check in with their probation officer. If the conditions are not met, the person may be imprisoned. 

*Paraphernalia used in the manufacture of drugs — like scales, bags, balloons, and capsules — are not typically included in drug paraphernalia charges and are more likely to be pursued as a charge of felony possession with intent to supply.

Long-Term Consequences of Drug Paraphernalia Convictions

As with any offense, a conviction could have serious consequences on your life, as many applications and processes require declaring any conviction. As such, possession of a controlled substance may impact your ability to: 

  • Find work
  • Secure a loan
  • Keep your business license
  • Rent an apartment
  • Obtain or maintain any job requiring a license, like a doctor or nurse, and they may face revocation of their license, or restrictions
  • Stay in the U.S. as a non-citizen, as convictions can result in deportation and revocation of visas 

People convicted of drug paraphernalia offences may also face significant stigma and discrimination and be thought of as untrustworthy.

California Drug Paraphernalia Laws 

Drug paraphernalia laws differ from state to state. Federally, drug paraphernalia is illegal in the United States under the drug paraphernalia statute, U.S. Code Title 21 Section 863, which makes it unlawful to sell, offer, or use drug paraphernalia, and to import or export drug paraphernalia. The law that governs drug paraphernalia charges in California is Health and Safety Code 11364 - 11376.5

The key points of this California law include:

  • It is unlawful to possess drug paraphernalia that is used to ingest, inhale, or inject controlled substances, defined under California Controlled Substances Act (HSC 11000-11651.
  • It is lawful in California to possess 30 or less syringes / needles for personal use.
  • A business that displays or sells drug paraphernalia must restrict access to people over the age of 18.
  • Authorized public entities, like safe syringe programs, can lawfully provide syringes and needles to prevent communicable diseases and prevent drug overdoses, injuries, or disabilities.  
  • Drug paraphernalia possession offenses are typically classified as misdemeanors.
  • Convictions for drug paraphernalia possession offenses are fines and/or up to six months imprisonment. Certain defendants may qualify for drug court programs and upon their successful completion, have the charges dropped.

According to a recent analysis of California state laws, recently proposed legislation would amend drug paraphernalia laws to:

  • Exclude fentanyl testing strips from unlawful drug paraphernalia possession offenses 
  • Allow the cities of Los Angeles, Oakland, and San Francisco up to 5 years to approve entities that provide services to people who use drugs that include overdose prevention programs, safe syringe exchanges, and the use of opioid overdose reversal drug Narcan
  • Exclude paraphernalia related to the use and testing of psilocybin dimethyltryptamine (DMT), ibogaine, mescaline, lysergic acid diethylamide (LSD), and 3,4- methylenedioxymethamphetamine (MDMA). 

What About First-Time Offenders in California?

First-time offenders who are found with drug paraphernalia by law enforcement may have the drugs confiscated, they could be arrested and charged with a misdemeanor, or they could be allowed to go free if they meet exemptions under California drug possession laws.

Should You Hire a Criminal Defense Lawyer to Handle Drug Paraphernalia Charges?

Legal situations are often best handled by professionals with experience, special qualifications, and expertise. Defense lawyers will know your rights, be able to effectively navigate the law, present a solid defense strategy, and work hard to keep you from being convicted. Facing charges alone can be incredibly challenging, and you may not have a good grasp of the law, which is critical to upholding your rights.

References

California Legislative Information. California Law. Health And Safety Code - HSC

Division 10. Uniform Controlled Substances Act [11000 - 11651] - General Provisions

https://Leginfo.Legislature.Ca.Gov/Faces/Codes_displaysection.Xhtml?Sectionnum=11019.&Lawcode=Hsc

California Legislative Information. California Law. Health And Safety Code - HSC

Division 10. Uniform Controlled Substances Act [11000 - 11651] - Miscellaneous Offenses And Provisions https://Leginfo.Legislature.Ca.Gov/Faces/Codes_displaysection.Xhtml?Lawcode=Hsc&Sectionnum=11364

Cornell Law School. (n.d.). Legal Information Institute. Fourth Amendment. https://www.law.cornell.edu/constitution/fourth_amendment

Cornell Law School. (n.d.). Legal Information Institute. Constructive possession. https://www.law.cornell.edu/wex/constructive_possession

Legislative Analysis and Public Policy Association. (2022) Drug Paraphernalia: Summary of State Laws. https://legislativeanalysis.org/wp-content/uploads/2022/04/Drug-Paraphernalia-Summary-of-State-Laws-FINAL-1.pdf

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Guide https://www.attorney4injury.com/guide/can-i-be-arrested-for-possession-of-drug-paraphernalia-in-california-227.shtml https://www.attorney4injury.com/guide/can-i-be-arrested-for-possession-of-drug-paraphernalia-in-california-227.shtml Editor Thu, 14 Jul 2022 23:52:12 -0400
Legal Actions You Can Take if You Stuck in a Road Accident in India There are more than 500 road accidents in our country every day and some people even lose their lives due to these road accidents, apart from this, many people also get permanent disabilities due to these road accidents. Now suppose if you are stuck in a road accident while walking on the road or driving a vehicle due to the negligence of another person and you get hurt in such a condition, then what rights do you have legally and what protection did you get under the law? Your motorcycle accident attorney will tell you all these things mentioned in this article.

Basic information about what legal actions you can take if you stuck in a road accident

The Government of India has passed the Motor Vehicle Act 1988 for Road Accidents, under this Act, if any person has caused serious injury to another person due to negligence, then compensation can be recovered from the person who hit the road accident. If a person drives a vehicle wrongly on the road and because of that someone gets hurt, then the person who is driving wrongly will also face criminal action.

Punishment under law | legal actions you can take if you stuck in a road accident

Suppose any person on the road injures you with a scooter or by a motorcycle or a car and in such a situation it is seen that when that person is driving, if he drives the vehicle wrongly, then you can register an FIR against that person. As soon as you make an FIR, section 279 of IPC will be imposed on that person, under this section a criminal proceeding state case is initiated against any person, under which he can be sentenced up to 6 months.

And if there are circumstances in which your bone is broken or you are hurt badly, then in such a situation, sections 279 and 337 IPC will also be added to that FIR and in this condition, he can be sentenced to 6 months more.

And if such a situation happens, in which the accident becomes a threat to your life, then section 338 IPC will also be added, due to this section, a person can be sentenced to up to 2 years.

Conclusion

So whenever you talk about any motor vehicle accident and want to fight and take legal actions against any person, then under Criminal Cases, Section 279 of IPC, Section 337 of IPC, Section 338 of IPC, and Section 304A of IPC, will help you to take legal action against any person.

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Guide https://www.attorney4injury.com/guide/legal-actions-you-can-take-if-you-stuck-in-a-road-accident-in-india-226.shtml https://www.attorney4injury.com/guide/legal-actions-you-can-take-if-you-stuck-in-a-road-accident-in-india-226.shtml Editor Sat, 09 Jul 2022 23:21:21 -0400
5 Steps to Take After an Auto Accident When involved in a car accident, your first instinct might be to flee from the scene. But though you may feel tempted to leave and deal with the consequences later, this is not a smart idea. Leaving after hitting another vehicle could make things much worse for you in the long run.

According to dwpersonalinjurylaw.com, if you hit a car or someone's property, you are legally obliged to stop and provide details to the owner or their insurer. If someone is injured, you're also required by law to stay until they get appropriate medical attention.

In any car accident that is not your fault, it's always best to remain calm and follow a few steps to help you safely and effectively.

1. Try to Stay Calm

First and foremost, stay calm. Panicking and flustering will only worsen the situation and prompt you to make bad decisions. A car accident is an inherently stressful situation, but you can take steps to ensure you stay as clear-headed and collected as possible. Anxiety can cause you to tense up, leading to increased muscle aches and pains after the accident.

Other people involved in the accident might be feeling just as stressed and overwhelmed as you are, so try to stay calm and collected as you wait for the situation to unfold.

2. Call the Police

According to Pratheep Sevanthinathan, top car accident attorney in Detroit, if you're injured in the accident or cause significant damage to another vehicle or property, you must call the police. This is required by law in all states, and failing to do so could result in serious consequences such as fines and even criminal charges. When you call the police, let them know you are following the rules of the law and are staying at the scene of the accident.

Let them know that you plan on cooperating with everyone there and providing them with the details of what happened. While you should cooperate with everyone at the scene, it's important not to say anything that could be used against you. If the police question you, insist on talking with a lawyer before answering any questions.

3. Check for Injury and Damage

You should try to get the other driver's attention if there are any injuries. You should stay with them and call the police if they cannot move from their vehicle. If anyone has been seriously injured in the accident, you need to call an ambulance and wait with the person until medical assistance arrives.

If there are no serious injuries and you can move around the scene, you should check the vehicles for damage and take pictures of the scene and the damage caused to both vehicles and any nearby property. You should check your vehicle and take detailed photos of any damage. If you have health insurance, it is a good idea to get your name and policy number from your insurance card (if you don't already have it memorized) so that you have it on hand in case of an accident.

4. Document everything you can

As you photograph the scene, vehicle damage, and any injuries, you should also keep a detailed record of everything you see and experience. This could include the weather conditions, how the accident happened and any factors that contributed to it, the damage to all vehicles, the names and contact information of those involved, and details of injuries (if any).

You should also record the location of the accident, including the nearest cross streets, the lane you were in, and the nearest landmarks.

5. Consult a Lawyer

If someone is injured in the accident, you could face serious charges if you flee the scene. No matter how upset or nervous you might be, get a police report before leaving the accident. Again, get any contact information for witnesses at the scene if you need it later.

Talk to your lawyer right away so they can help you begin building a defense.

A car accident is very traumatic for all parties involved. You can hopefully minimize any long-term damage and stress by taking the proper actions.

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Guide https://www.attorney4injury.com/guide/5-steps-to-take-after-an-auto-accident-225.shtml https://www.attorney4injury.com/guide/5-steps-to-take-after-an-auto-accident-225.shtml Editor Tue, 28 Jun 2022 23:18:21 -0400