Filing a Personal Injury Suit Against a Hospital

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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Levels Of Fault You May Deal With After A Car Accident

Posted by on Dec 16, 2015 in Uncategorized | Comments Off on Levels Of Fault You May Deal With After A Car Accident

If you are involved in an accident, then the authorities will have to find the person at fault so he or she can pay for the damages. Liability or fault exists at different levels. Even if two people cause similar car crashes that result in comparable injuries, one party may be more liable for the damages than the other one. Here are the four common levels of liability that may be assigned to you after a car crash: Negligence Negligence is carelessness or an unintentional act that results in another person’s harm. You are negligent if you inadvertently do something or fail to do something that causes an accident and harms somebody. For example, you are negligent if you are distracted by a pet on the passenger seat, and you fail to hit the brakes at a stop sign and hits the car in the front (the inaction/failure to stop is your negligence). You are also negligent if you hit another car because you were texting while driving (the negligent act is texting while driving). Recklessness You are reckless if you act with utter disregard for other people’s safety, and you know (or should know) that your actions can harm other people. Its main difference with negligence is that, in the case of recklessness, you knowingly take the risk that ends up harming the other person. In the case of a car accident, consider a situation in which you decide to run the red light because you are late for work. This is reckless because you know, or should know, that running the red light can harm other people. Intentional Misconduct Just like the name suggests, acting with intentional misconduct means you willingly engage in a dangerous act intending to harm another person. Both recklessness and intentional misconduct involve knowingly engaging in a dangerous act. The main difference is that, in recklessness, you don’t intend to cause any harm, while, with intentional misconduct, you want to harm another person. A good example of intentional misconduct is road rage. Suppose another motorist cuts in front of you, and you decide to teach him or her a lesson by banging your aging van into his or her expensive sports car. In this case, you may be charged with intentional misconduct since you know your actions will harm the other motorist, and that is what you want to achieve. Strict Liability In strict liability, you will be held liable for damages arising out of an accident even if you were not at fault. This means you have to pay for the damages as long as your car, or its contents have harmed another person. For example, a company transporting dangerous chemicals by road may be held liable for the ensuing damages if an accident occurs and the chemicals cause injuries to other people. This may be the case even if the truck ferrying the chemicals does not cause the accident; the assumption is that the transporter assumed the risk when he or she agreed to transport the dangerous goods. The level of liability is important because it corresponds to the seriousness of your charges. For example, intentional misconduct may attract not only civil charges but also criminal ones. A car accident lawyer, like Palmetto Injury Lawyers, will safeguard your rights and ensure...

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Do You Have The Right To File A Wrongful Death Claim? What Can You Sue For?

Posted by on Nov 30, 2015 in Uncategorized | Comments Off on Do You Have The Right To File A Wrongful Death Claim? What Can You Sue For?

Before filing a wrongful death lawsuit, it is important for family members to determine who is entitled to file the suit. Who is entitled to what depends largely on whether or not the death occurred in a state that recognizes the loss-to-estate or Lord Campbell system. To help you understand both systems and what damages you can recover, here is what you need to know. What Is the Loss-to-Estate System? Under the loss-to-estate system, only the deceased’s estate can receive compensation for a wrongful death. Instead of an individual family member filing suit, the executor would file on behalf of the estate. Any funds that are received from the lawsuit would then be distributed according to the deceased’s will or state law if there is no will in place. Depending on your state’s laws, the money could be placed in a trust and then distributed. If there is no executor for the estate, the probate court would select a someone to represent the estate. The personal representative is usually a family member.  What Is the Lord Campbell System? The Lord Campbell System is based on the relationship that family members have to the deceased. According to the system, there is a hierarchy of family members that must be respected to determine who can file a lawsuit.  For instance, immediate family members are often chosen over others in this system. Immediate family members, such as the parents or children, would be eligible to file on behalf of the deceased. Distant family members, such as grandparents, would be next.  If the deceased has financial dependents who are not immediate or distant family members, they would likely be next in line to file a lawsuit if there are no other eligible relatives.  What Damages Are Compensated? In a wrongful death lawsuit, the plaintiff has the right to receive compensation for a number of damages if he or she is able to prove the defendant is responsible for the death of the deceased. Damages include any pain and suffering the deceased experienced prior to death and funeral and burial costs.  Other damages include medical bills, loss of companionship, and loss of expected income from the deceased.  Consult with an attorney, like the ones at Bangel, Bangel, & Bangel, to determine who in your family has the right to file a lawsuit for a wrongful death and to learn what damages you are entitled to.The attorney can also assist in filing the documents necessary to start your...

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3 Things That Can Cause Your Workers Compensation Claim To Be Denied

Posted by on Nov 18, 2015 in Uncategorized | Comments Off on 3 Things That Can Cause Your Workers Compensation Claim To Be Denied

Whenever someone is injured while on the job, most employers have workers compensation insurance to help cover the injured employee. You and your employer can file a workers compensation claim to help you pay for any medical bills or to supplement your income if you have to take time off from work because of the injury. However, not all claims are approved. Here are three things that can cause your workers compensation claim to be denied. 1. You were intoxicated when the accident/injury occurred. If you are drunk or high on illegal drugs at the time of your workplace accident, your workers compensation claim will be denied. Injuries sustained while intoxicated are considered self-inflicted injuries, so they are not covered by workers compensation. However, if you use certain medications (i.e. medical marijuana) that was prescribed to you by a doctor, you could still get your workers compensation claim approved. You will need to provide the proper documentation to prove you have a legal prescription for those medications. 2. You quit your job before filing a claim. Quitting your job before you file a workers compensation claim can also cause problems. Whenever an employee quits their job, they are ineligible for unemployment benefits. Because of this, whenever someone files a workers compensation claim after they quit their job, the insurance company is likely to deny the claim because they think it’s fraudulent. In order to get your workers compensation claim approved after you have quit your job, you will need some type of documentation pertaining to the workplace injury prior to the day you quit. If you reported it to your manager, then that should suffice. However, if you didn’t report it, and you have no witnesses or medical records to back you up, it’s likely a losing battle. 3. You didn’t report your accident/injury immediately. It is important that you report your workplace injury immediately after it happens – for many reasons. Not only does it ensure that your employer knows of any possible dangers in the workplace, but it also helps back up your workers compensation claim. If you wait a month or longer to report your injury and file a workers compensation claim, you will likely be denied. Some states have specific deadlines that workplace injuries must be reported to employers for workers compensation claims. If you don’t report the injury in a reasonable amount of time, you likely won’t get your claim paid out. Speak to a workers compensation attorney for more...

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3 Things You Need To Do After Being In A Car Accident

Posted by on Nov 8, 2015 in Uncategorized | Comments Off on 3 Things You Need To Do After Being In A Car Accident

Being in a car accident isn’t exactly something you can plan. It just happens. Oftentimes, it happens when you least expect it. You might be sitting at a stop light, driving down the road or just trying to pull out of a parking lot. Things happen all the time that are out of your control, but that doesn’t mean you should have to suffer because of something you didn’t do. If you or someone you loved was the victim of a car accident, there are a few key things that you need to do to make sure you are taken care of and get the settlement you deserve. Document the incident in as much detail as possible. Try to write down as many of the details as you can. What were the road conditions like? Were there any bystanders who saw the accident occur? What lane were you in? Were you driving down the road or at a stop light waiting for your turn to go? While certain things might not seem that important at the time, they could be very beneficial down the road when it comes to getting the settlement you deserve in your car accident case. Get to the doctor to be checked out right away. After getting the accident report and any other supporting documentation you need, get to the doctor to get checked out. If your injuries are more severe, take the ambulance to the ER for a full evaluation. It is important that all of your injuries are documented by a medical professional. Not only does this form a basis for the severity of your injuries, but it shows that you aren’t messing around and are dealing with some serious repercussions of the accident. Take pictures of your injuries and the vehicle. After going to the doctor, you want to take pictures of your injuries and the vehicle if at all possible. Having pictures will go a long way in showing the insurance company just what it is that you are dealing with. It builds a foundation that the insurance company isn’t going to deny. It is solid evidence that proves your injuries are the result of the accident. By doing the three things above and working with a licensed attorney, you can make sure you get the compensation you deserve in your car accident case. Contact a group like The Jaklitsch Law Group for more...

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Proving Your Truck Was Not At Fault For An Accident

Posted by on Oct 23, 2015 in Uncategorized | Comments Off on Proving Your Truck Was Not At Fault For An Accident

If you are a truck driver and you were involved in a collision involving another vehicle while on a highway, you will most likely want to clear your name of any wrongdoing in the matter. If you are found to be guilty for having the incident occur, you would be responsible for reimbursement of medical expenses or damage to the other vehicle. Fighting allegations can help prove your innocence. Here are some steps you can use to help prove you are not at fault for an accident involving your truck. Get Medical Help Call an ambulance after the accident occurs to have yourself checked for any health issues. This may help prove how the truck was impacted if you have injures you had sustained from the accident. If you wait to get assistance, the injuries may not be as prominent to give a clear picture of how the accident had occurred. Make sure the other driver is not severely injured as well. Get Photo Evidence Immediately after the accident occurs, as you are waiting for medial assistance, take photographs of the area if possible. If you do not have a cell phone with a camera or if you are not able to take pictures because of an injury, ask any witnesses to help you by snapping a few still shots of the road, the damage to your truck and the other vehicle, and yourself if you are injured. This information will come handy in court and your lawyer may be able to find something in this evidence to help clear you of wrongdoing. Look For Surveillance Find out if there were any surveillance cameras along the highway where the incident had occurred. Often webcams are set up to track traffic patterns and to show road conditions to other motorists before they hit the road. If there was one nearby, there may be footage showing the other driver is the one at fault for driving erratically or irresponsibly. This information would need to be obtained through the highway department in the town where the incident occurred. Gather Witnesses Often, other people will have seen something pertaining to an accident if they were nearby when it had occurred. It is a good idea to reach out to any potential witnesses so they can speak on your behalf if the incident goes to a court session for resolution. If you can remember the names of other trucking company’s vehicles you had seen on the road the day of the accident, call to see if you can obtain the names of the drivers who may have been in the area of the accident. One of them may have seen something pertinent to the case and you would be able to use them as a reliable witness with trucking ties of their own. Reach out via CB radio to see if any other truckers had seen anything as...

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What To Do If Your Doctor Causes a Birth Injury Due to Premature Inducing

Posted by on Oct 7, 2015 in Uncategorized | Comments Off on What To Do If Your Doctor Causes a Birth Injury Due to Premature Inducing

If your obstetrician induced labor because he or she believed your baby was ready to be born but miscalculated your baby’s due date, this may have caused injuries to your baby from being born prematurely. If you decide to pursue a legal case, here are steps to take when going through the process of suing your obstetrician for medical negligence which harmed your baby. Contact a Physical Injury Attorney You will need to hire an attorney to represent your child. Look for an attorney that specializes in medical malpractice cases, particularly birth cases, if possible. He or she will know the legal jargon used specifically in new birth medical malpractice suits and will use past, similar cases as guidelines in handling your own case. Hire this attorney as soon as possible, as your baby’s current health state is needed to prove that the doctor performed his or her job negligently. Document All Facts Write down any pertinent information regarding your baby’s due date and delivery to give to your attorney for analysis. If you have any paperwork given to you from your routine obstetrical appointments, hand these over as well. Take photographs of your baby showing the distress he or she is suffering from due to coming out of the womb too early. Find out names of nurses or other staff who were present during your maternal appointments or baby’s birth and have them write reports about information they heard the doctor tell you about your baby’s due date and what happened during the birth.  Obtain Funding Trying a doctor in a court of law for medical malpractice can be very expensive. Make sure you have the funds available to pay your attorney, as there will most likely be professional obstetricians and other doctors called in to testify on your behalf. These individuals will need to be paid for their time in addition to your attorney. Since cost can be an issue, you may want to consider seeing a bank about a personal loan to handle your fees so you do not need to drop your lawsuit before it is completed. Involve the Hospital If you believe the hospital knew the doctor who delivered your baby had a reputation for negligence tactics in the past, you may be able to involve the hospital in the lawsuit as well. The staff would need to provide the lawyer with the doctor’s credentials, including any past malpractice claims against him or her. Involving the hospital may ensure you will be compensated for your and your baby’s pain and suffering, emotional distress, lost wages, and your baby’s continued care as he or she is working toward the path of recovery. Find a birth injury lawyer at a website like http://www.snyderwenner.com to get the legal assistance you need...

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4 Mistakes To Avoid When Dealing With A Car Accident Claim

Posted by on Sep 24, 2015 in Uncategorized | Comments Off on 4 Mistakes To Avoid When Dealing With A Car Accident Claim

If you have been involved in a car accident in which you have been injured and your car has received a significant amount of damages, then you probably want to file a claim. This can eventually turn into a legal case if the opposite party who caused the accident denies their fault in the case. If this is the case, you want to be sure that you have a car accident attorney on your side, as well as be sure that you avoid these four mistakes that are often made: Talking or Posting About the Accident: During the time of resolving your car accident case, you may receive calls from the other party’s insurance company or attorney. It is important that you deny speaking about the case and instead have them contact your attorney instead. They will know what can be said and what other things should be avoided. You should also avoid posting about the accident on social media. The opposite party in the case may check your social media accounts in order to disprove certain injuries that you are claiming to have and more. Applying too Late: It is best to apply for a car accident claim soon after it has happened. Not only is this the best way to ensure that you remember all the details of the case, but it also ensures that you don’t miss the deadline for applying for the benefits you rightfully deserve.  Not Going to Doctor Appointments: It is really important that you go to all doctor appointments that you have scheduled for your injuries. If you miss a doctors appointment, it can make it look as if you are not as injured as you claim to work. This can work against you in your case and potentially deny you of certain benefits for injury compensation and more.  Not Communicating With Your Attorney: Many people make the mistake of not telling their attorney about certain significant changes in their life that can actually affect their case. For example, if you are moving or switching jobs, it’s important that your attorney knows. These things can put restrictions on your schedule. You want your attorney to know so that they can schedule certain meetings and other things during a time that works best for you.  By avoiding these mistakes you can be sure that you get the most out of your car accident claim. Contact a local attorney, like Gelman Gelman Wiskow & McCarthy LLC, for more...

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