Filing a Personal Injury Suit Against a Hospital

Things That Can Go Wrong With Your Workers’ Comp Claim

Posted by on Apr 29, 2016 in Uncategorized | Comments Off on Things That Can Go Wrong With Your Workers’ Comp Claim

Workers’ compensation is a very effective tool if you were injured on the job and are seeking compensation. However, not every claim is successful, and there are quite a few different things that can go wrong. To help you avoid such pitfalls, here are some of things that you do not want to do when preparing a workers’ comp claim: Do Not Take Too Long To Report Your Injury First of all, you want to make sure that you report your injury as soon as possible. You should immediately tell you supervisor about the injury. You should also explicitly say that you are considering a workers’ comp claim, especially if you are asked about the subject. If you do not report the injury immediately, then you are opening yourself up to some rather troubling accusations. For example, it might look like you injured yourself outside of work and are trying to game the system. By reporting your injury as soon as it happens on your shift, you are nipping that concern in the bud. In the best case scenario, there will have been witnesses to the injury, which can greatly improve your credibility and reduce the amount of effort that you will need to put into defending the credibility of your claims. You don’t necessarily need to worry if there weren’t any witnesses to your injury, but you should be prepared to deal with a great degree of scrutiny. Do Not Avoid Medical Attention If you are seriously injured on the job, then you need to seek medical attention as soon as you can. If you do not, then it will be difficult to get thorough documentation on the nature of your injury. If you allow the injury to worsen by failing to get proper attention, then some of the blame may be shifted to you and your claim’s chances of success may suffer as a direct result. Do Not Procrastinate in Filing Once you have received attention and notified your employer, then you want to educate yourself about the deadlines in filing the paperwork for workers’ comp. In most states, you have between 1 and 3 months to officially file a workers’ comp claim. If you wait too long, then your claim might be rejected on the spot with no hope for a successful dispute. Therefore, you will want to fill out all of the paperwork as soon as possible. Merely notifying your employer that you were injured is only the first step on the road to compensation, so you need to stay vigilant. Do Not Let Your Claim Get Rejected Without Putting Up A Fight Even if your claim is rejected, that doesn’t mean that you cannot win. With the rejection, you should also get instructions on how to dispute the ruling. This may require that you gather new evidence, but that might be as simple as adding some documents that you forgot during the first submission. For legal help filing your claim, contact a law firm such as Shoap Law...

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3 Reasons Why Your Workers’ Compensation Claim Could Be Denied

Posted by on Apr 14, 2016 in Uncategorized | Comments Off on 3 Reasons Why Your Workers’ Compensation Claim Could Be Denied

When you are injured at work, you want to file a claim for workers’ compensation right away. This claim, once approved, allows you to have access to funds to help pay for your medical bills and lost wages from being unable to work while healing from your injury. While you may have a legitimate work injury, your employer may deny your claim so they can avoid being financially responsible for your situation. If this happens, you want to be prepared to hire a personal injury attorney who specializes in workers’ compensation claims. To help you understand what can go wrong with your claim and cause it to get denied, you should understand 3 common reasons your claim could get turned down. You waited to file The very first thing you should do when you get injured at work is file an accident report so there is written documentation on your claim. The reason for this is simple: the longer you wait to make your claim, the more likely your employer is going to believe your injuries weren’t as serious as you claim they are, or that you were not injured at all. After all, if you are seriously hurt at work, you’d want to make sure your employer knew immediately. File a claim as soon as you can so the details of your accident are fresh on your mind and you can give an accurate statement of what happened to cause your injury. Your medical report doesn’t match your claimed injuries If you’ve filed for workers’ compensation on time, your employer will immediately take into account any doctors’ notes or explanations as to what really happened to cause your injuries. If you told your employer that you fell in a pool of water but told your doctor that you simply felt dizzy and then fell, then you may have caused a red flag. Always be consistent in your accident story, and if you cannot recall exactly what happened after you’ve filed your claim, hire a personal injury attorney to represent you when speaking of your accident to both your employer and your doctor so you are protected in case facts don’t add up. You have no eyewitnesses If you have no one to attest to your work injury accident, you are left on your own to recall a consistent and realistic timeline as to what attributed to your accident. This can be difficult to do consistently, since you will be recalling the same incidence over and over to supervisors, employers, insurance companies, and your doctor. With no witnesses, you have no one to back up your claims. In this case, it’s wise to get a personal injury attorney to help you remain clear and focused as you fight your case to gain workers’ compensation for your work-related injury. For more information, visit http://www.tarklaw.com or a similar...

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2 Common Defenses Employed In Dog Bite Personal Injury Cases

Posted by on Apr 6, 2016 in Uncategorized | Comments Off on 2 Common Defenses Employed In Dog Bite Personal Injury Cases

If you find yourself as the defendant in a dog bite personal injury case, there are two types of primary defenses that are employed. Throughout the course of this brief guide, you will learn about these two types of defenses. Affirmative Defenses An affirmative defense is simply a case where the defense’s story, or case, is affirmed, or proven to be true. One of the most common examples of an affirmative case is one where the plaintiff was trespassing on the defendant’s property when the dog bite took place. If it can be proven without a doubt that the plaintiff was, in fact, trespassing, then the defendant will not be held liable for damages. It also could be the case that the plaintiff provoked the dog or drew its ire, in which case the defendant may very well not be held liable for damages. In most cases, affirmative defenses are preferable to the alternative. However, some states disallow the use of affirmative defenses in dog bite personal injury cases due to the fact that they have strict laws regulating such cases that often times work in the plaintiff’s favor. Many affirmative cases wind up ending with a comparative negligence verdict in states where that is an option. This is to say you will be found liable for a percentage of the damages incurred by the plaintiff. You will not be held liable for the full amount of damages. Disproving A Plaintiff’s Case Disproving a plaintiff’s case requires that the case for which the plaintiff is arguing is either incorrect or irrelevant. The former simply involves literally disproving the plaintiff’s case either by making the argument that their narrative is unreliable or that the events of which you are being accused did not take place, altogether. The latter usually revolves a legal phenomenon known as duty of care. Duty of care is the burden of proof that you were either not in control of the dog during its actions or that you do not own the dog in question. The former may lend itself to you owning the dog but someone else caring for it at the time of the attack, and the latter revolves around you perhaps caring for the dog in question but not owning it. Throughout the course of this brief guide, you have hopefully learned a bit about some of the arguments that you can use to your advantage as a defendant in a dog bite personal injury case.  Contact a personal injury attorney for more...

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Facing A DUI Charge In Arkansas? Here Are Some Laws To Be Familiar With

Posted by on Mar 25, 2016 in Uncategorized | Comments Off on Facing A DUI Charge In Arkansas? Here Are Some Laws To Be Familiar With

DUI convictions can be incredibly damaging for a number of reasons. They can lead to jail time, heavy fines, and even a temporary loss of your license. In order to maximize your chances of beating such an accusation, it’s important to understand how the law works. To help you out with that, here are some of the crucial DUI laws that you should know when it comes to Arkansas: What is the lookback period in Arkansas? The lookback period refers to the number of years that the court can look back when it comes to determining the minimum and maximum penalties for your crime. In Arkansas, this period is 5 years, which means that the court cannot use DUI’s more than 5 years in the past to directly apply your punishment. That being said, DUI’s more than 5 years in the past can be used to indirectly affect your jail time and fine. If you received many DUI’s in the past, then the court might be less than sympathetic to your cause, giving you the maximum possible penalty. While these DUI’s cannot be used to determine the maximums and minimums, they can be used to move your punishment closer to the maximum end of the spectrum. What is the maximum legal BAC limit in Arkansas? As you might expect, the maximum legal BAC is .08% for an adult. Any BAC over that limit is grounds for a DUI, and the limit can be even lower for certain individuals, such as commercial truck drivers. However, Arkansas also has a separate rule for individuals that are under 21 years old. While many states don’t allow any alcohol to be found at all, Arkansas allows up to .02% BAC. This means that young drivers aren’t necessarily going to be given a DUI if they were drinking. How long will your driver’s license be suspended for a DUI in Arkansas? When it comes to DUI’s, states are generally very adamant about wanting to reform drivers. This often means suspending driver’s licenses for a period of time after convictions. For your first DUI, you will lose the right to drive for 6 months. This can increase up to 3 years for your third offense. These lengthy periods can give you plenty of time to reflect and make changes in your life. You might also be required to attend a special educational course, which can also help prevent you from making similar mistakes in the future. Contact a local attorney, like Zavodnick, Perlmutter & Boccia LLC, to find out the laws in your...

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Suing for a Dog Bite: Piecing Together the Process

Posted by on Mar 4, 2016 in Uncategorized | Comments Off on Suing for a Dog Bite: Piecing Together the Process

You have received the necessary medical attention for the dog bite injury, but now what? Here are your next steps if you are interested in suing the dog owner: Locating a Dog Bite Attorney First and foremost, before you move forward, you should find an experienced dog bite lawyer. An attorney will help you get a handle on your state’s laws, as they vary from one state to the next. Some states follow the one-bite rule, which allows the first bite from a dog to be forgiven under most circumstances, while other states follow a strict liability rule, which holds the dog owner liable as long as the plaintiff did not provoke the dog in any way or trespass on the property where they were bitten. Compiling Evidence Against the Defendant After you find a lawyer, you’ll need to begin gathering evidence to support your case. A lot of this part of the process will be performed by your lawyer and his or her legal team. However, there are some things that you can do and that your lawyer will likely want you to acquire for him or her. These things include photos of the injury, photos of the incident scene, copies of medical records and medical bills as well as names and contact information of witnesses. The information for witnesses may not be used unless the case ends up going to trial. Drafting and Sending the Demand Letter The next step is trying to avoid going to trial. Your lawyer will write a demand letter, which will inform the owner of the dog that bit you of your intention on suing them. This letter will provide information as to why the lawsuit is to be filed, details about the evidence that you have and an outline of the injuries that you sustained as well as an accurate estimate of the expenses that you’ve incurred as a result of the incident. It will also likely include an amount that you’re willing to take to settle the case and avoid trial. If the settlement amount is accepted by the dog owner, then things are over and you’ve essentially “won”. You will receive the compensation as agreed in the demand letter. However, the dog owner may bring a counteroffer to you in order to bring down the settlement offer. You can agree to this and the case will be over with. If you choose not to agree to the counteroffer or the dog owner refuses the initial settlement offer, then you and your attorney can continue negotiations if you wish to do so. Filing a Lawsuit (If Necessary) When a settlement cannot be reached between you and the owner of the dog, then you will likely file a formal lawsuit in order to seek compensation for the injuries you sustained. If you do go to trial, keep in mind that it may not be an easy process and it is time-consuming. Jurors may be selected, opening statements must be presented, evidence must be laid out, witnesses must be called to the stand, etc. Once closing arguments have been made, the jury (if present) will deliberate, make a decision and provide the court with their verdict, which may or may not be in your favor. For more information on dog bite laws...

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3 Things Your Personal Injury Lawyer Wants You To Know

Posted by on Feb 16, 2016 in Uncategorized | Comments Off on 3 Things Your Personal Injury Lawyer Wants You To Know

If you’ve recently been injured as a result of another person’s carelessness, then it’ll be in your best interest to hire a personal injury lawyer to assist you with the complicated legal process that’s sure to follow. By hiring a personal injury attorney, you can receive the guidance and expert representation you need to ensure you have the best chance at a fair settlement. Before you get started in the litigation process, however, there are some things your lawyer will want you to be aware of that many clients simply don’t know. The Litigation Process Can Take Awhile First and foremost, if your case is going to court (that is, you cannot agree on a fair settlement with the insurance company outside the courtroom), then you should be prepared for a long legal process. Due to complicated legal procedures, your case could take months or even years to resolve. And while it’s true that having a lawyer on your side can help to expedite the process, there’s only so much your lawyer can do to lubricate the slow turning gears of the court system. You May Need to Provide Some Very Personal Information You should also understand that when you decide to take your personal injury case to court, the defense attorney has the right to ask for some pretty personal information. For example, if you’re trying to get compensation for medical bills caused by the defense party’s negligence, then you will probably need to provide detailed medical records. You may also have to reveal information about your past medical history, if it has any bearing on your current condition. Your Lawyer Can Only Help You if You Help Yourself Your lawyer is absolutely on your side through every step of the process. However, if you aren’t taking measures to help your case, there’s not much your lawyer can do. For example, if you’ve been ordered by your doctor to stay off your feet as you heal from your injuries, but the defense finds pictures you posted of you out bowling with your friends on social media, this is going to hurt your case. Take your case seriously and be honest with your lawyer throughout so he or she can help you as much as possible. These are just a few facts about personal injury cases that most lawyers wish their clients knew before getting started, so be sure to keep this information in mind. For more information, consider contacting a professional like Norris, Gary G. Attorney....

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What Tactics Can An Insurance Adjuster Use To Deny Your Claim?

Posted by on Feb 8, 2016 in Uncategorized | Comments Off on What Tactics Can An Insurance Adjuster Use To Deny Your Claim?

One of the most challenging aspects of settling a personal injury case is negotiating with the insurance company. If you are lucky, the company will be open to negotiate and act in good faith. However, there is a chance that the company could resort to improper tactics to avoid paying the claim. To help you spot an improper tactic, here are some of the most commonly attempted and what you can do. You Did Not File in Time A possible tactic the insurance company might use is to state that you did not file your claim in time. There are time limits that are placed on various aspects of a personal injury case, but you should never rely on the insurance adjuster to determine whether or not you have missed the deadlines.  If the adjuster tries to deny your claim based on the time limit, you need to check your state’s laws regarding when you are required to notify the insurance company of your intent to file a claim and how long you have after that to actually file the claim. You also need to know how much time you have to take your case to court, if necessary.  Once you have determined the time limits, check your dates. If the insurance company is incorrect regarding your claim, contact the adjuster and inform him or her that you are aware of the time limits. You also need to provide him or her with documentation that shows the date of the accident to show when the clock started on your claim. For instance, you can provide a police report with the date and time of the accident listed.  You Need to Sue Another Company If more than one party was involved in the accident, the insurance adjuster that you filed your claim with might try to force you to contact the other insurance company for compensation. The adjuster might even claim that you legally have to go after the company of the person most responsible for your injuries.  In actuality, you have the legal right to file a claim with either company. Depending on your state’s laws, you might even be able to file a claim against both companies.  Inform the adjuster that you aware of your rights and that you are choosing to continue your claim with that particular company.  Insurance adjusters might use a range of other tactics to prevent you from collecting payment for injuries and damages you suffered in an accident. Consult with a personal injury attorney (or visit sites like http://www.danielgoodmanlaw.com) to determine what you can do to counter those...

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Other Legal Rights You May Have In Addition To Remaining Silent

Posted by on Jan 21, 2016 in Uncategorized | Comments Off on Other Legal Rights You May Have In Addition To Remaining Silent

If you are the subject of an active criminal investigation, it is important that you know the specific rights that you have. Not knowing your rights may result in criminal charges being brought against you as a result of revealing information to authorities which strengthens their case. Some people do not understand that their rights extend far beyond the scope of remaining silent. The following are examples of some of the rights you may have.  Decline authorities’ requests to search or enter your property. If you tell officers that you do not want them to search your vehicle or any other type of property you own, they cannot proceed with a search unless they obtain a search warrant. Be mindful of seemingly “nice” detectives or investigators who may attempt to gain your trust by telling you that they would just like to enter your property to speak with you. This is because if you have any incriminating evidence visible, it could make it easy for them to call in a request for a search warrant, which will give them full access to your property. This applies even if the purported evidence is a misunderstanding. For example, if a person is suspected of a stabbing and a knife is located in a nearby sink during a conversation with a suspect, a detective could infer that the knife is linked to the stabbing.  Refuse to stay in an interrogation. You may be like a number of other people who decide to talk to authorities because you do not have anything to hide. The issue with doing this is that sometimes detectives misconstrue the words of suspects, and this can result in incriminating circumstances. It is best to have a lawyer present during any type of police questioning, but if you find yourself talking to someone in law enforcement and they start asking questions that make you uncomfortable, you are permitted to stop and leave the interrogation. If you are not under arrest, you can leave the location where the interrogation is taking place. If that place happens to be your home or business, the officers must leave if they do not have a warrant. Individuals in custody can stop interrogations by evoking their 5th amendment rights, and authorities are legally required to return them to confinement and stop interrogating them.  A criminal defense attorney is the best resource to use if authorities want to engage in any type of questioning or conversations with you. They are are also the best line of defense against any pending or future charges you may face. For more information, visit a local lawyer, such as Damiani Gerard...

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Bicycle Safety: How To Keep Yourself Safe While Riding A Bicycle

Posted by on Jan 12, 2016 in Uncategorized | Comments Off on Bicycle Safety: How To Keep Yourself Safe While Riding A Bicycle

With over 900 bicyclists killed while riding a bike in the United States in 2013, it is essential to understand how you can keep yourself safe as a bicyclist. While it is up to everyone on the road to pay attention and follow the rules, bicyclists are at a higher risk of injury, simply because they are virtually unprotected when hit by a motor vehicle. When you are prepared, you wear safety equipment, and you know the rules of the road, you are less likely to be injured in an accident involving a motor vehicle and a bicyclist. Learn the Rules of the Road In most states, the laws that pertain to motor vehicles are the same laws that govern the use of bicycles on the road with reasonable exceptions. You are expected to ride as close to the right as possible, to go with the flow of traffic, and to use turn signals when you are making a turn on your bike.  Clothing Should Be Reflective To stay safe when riding a bike, you should wear clothing that is reflective. Many accidents occur as dusk begins to settle because bicyclists are harder to see by people driving motor vehicles. You should have plenty of reflectors on your bike as well. If you are riding in a particularly busy area, you can consider a flashing light on the back of your bike or helmet to attract the attention of passing motorists. Pay Attention to Others on the Road As a bicyclist, you should always be aware of your surroundings. Even when you know the rules of the road, give vehicles and other bicyclists plenty of room to pass you or make turns. A small mistake can result in a serious accident, so you are better off slowing down as you get into congested areas. You should avoid using headphones, which will only inhibit your ability to concentrate. Wear a Helmet and Protective Clothing To stay safe when riding a bicycle, you should wear a helmet, regardless of what the law states where you live. A helmet can help prevent a serious head injury, and many disabilities could be avoided if the person simply wore a bicycle helmet. If you are riding on a busy street, you should also wear protective clothing such as long pants and long sleeves to keep your skin protected if you fall. If you have been hurt by a motor vehicle while riding a bicycle, it’s time to talk with a lawyer who specializes in personal injury in your area. Together you can talk about the accident and determine if you have a viable personal injury lawsuit on your...

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Duties Of The Executor In 8 Steps

Posted by on Dec 29, 2015 in Uncategorized | Comments Off on Duties Of The Executor In 8 Steps

Only the most trusted and responsible family members or friends can expect to be appointed as the executor of a will. While you may be flattered and honored to be chosen, you are also likely confused about exactly what being an executor encompasses. For this important duty to be carried out property, you must take care to handle all issues pertaining to the deceased’s estate and ensure that their wishes are acted upon. Read on to find out the 8 major duties of an executor. 1. Important Documents As soon as possible after the death, you must carry out a thorough search for the following vital documents, some of which will be needed to plan the burial. Safe deposit box; keys and location. Life insurance and burial policies, which will be needed for the funeral. Last will and testament. The attorney who prepared the document will have a copy if it cannot be located. Trust documents Bank, investment, and retirement accounts information. Deeds and titles to property Social Security card or number Tax returns Death certificates. These are usually available with a week or so after the death. You will need several, since originals are required for some filings. 2. Funeral Plans Work with the family (the the rest of the family if you are a member) to plan the burial and funeral according to the deceased’s wishes. You are responsible for ensuring that funds are made available for these duties by using: Burial policy Life insurance policy Checking or saving account funds. 3. The Will Locate and become familiar with the decedent’s wishes. Once the will has been “probated”, you will be responsible for the distribution of assets according to the will. You may begin to consider how certain items are to be distributed or sold and divided, but the actual passing of ownership must await the final probate order. 4. Probate Ensure that the will is filed with your county probate office by your attorney. After presenting the will for filing to the probate attorney, become apprised of any other duties required of the executor. The will (or notice of its filing) will published in a local newspaper to give notice to any potential creditors. 5. Bills Consult with the estate attorney about which bills to pay and when, since some need to paid during probate, and some must wait for the probate to be final. 6. Income Taxes One of the major responsibilities of the executor, and actually a major function of probate, is to ensure the income taxes are filed and paid. Probate cannot be complete without this act. 7. Social Security The Social Security Administration encourages recipients to use direct deposit for the monthly payments, which means that payments quickly deposited into accounts. Timely notification to the SSA will help avoid having to re-pay any over-payments. 8. Death Certificates Original, certified copies of the death certificate should be provided to banks, Medicare, insurance companies, credit card companies, and more. Consult with a probate or estate attorney (like those at Weathers Law Firm, LLC)  for more information about the duties of an...

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