Personal Injury Law Blogs

Have Traffic Collisions Decreased in the Greater Seattle Area?

It is no secret that driving in large metropolitan areas is both stressful and dangerous. However, there have been dramatic increases in the number of traffic cameras, safety precautions, and regulations meant to keep people safer on the roads. Despite the increase in concern, many people are still left asking themselves whether or not these measures are decreasing the number of collisions in the streets. A close look at the greater Seattle area does not seem to paint a pretty picture. In fact, recent studies have revealed drivers in Seattle to be among the worst in the nation.

Seattle Versus the Nation

According to surveys conducted by Allstate on customers in this area, the average Seattle driver will be involved in a car crash once every 7.8 years. On a national level, the average is once every 10 years. These numbers translate into making Seattle one of the most dangerous places to drive or be a pedestrian in the entire United States. In a list of the 200 safest cities in which to operate a motor vehicle, Seattle comes in at 160.

What Are They Hitting?

Collisions are not just measured in terms of cars that have hit other cars. Seattle drivers also present major threats to pedestrians. In fact, it is the elderly pedestrians specifically who have been the victims in large numbers of collisions according to recent reports released by the Seattle Department of Transportation. The media seems to focus its coverage on deaths related to cars striking bicyclists. However, the number of elderly people accounting for deaths in these traffic accidents is highly disproportionate to any other group on the roads.

Comparing the Numbers

In order to put things in perspective regarding the deadly nature of traffic in this city one only needs to look at the numbers. Over a three-year period, the city may experience an average of 62 traffic fatalities. Of these deaths, over half involve pedestrians and a very small percentage will include cyclists. If you want to put things in an even larger context, then you can compare the average death rate via homicide over a three year period to the statistics coming from traffic reports. In the same three-year period in which there are 62 traffic fatalities, there are also 72 murders. The numbers are disturbingly close.

Where To Start

Looking at the long-term trends can be revealing as well. Auto collisions involving two or more cars fell 30 percent from 2000 to 2010. However, the number of cars striking bicyclists and pedestrians showed no major fluctuation. Further analysis of the statistics reveals where the problems truly exist. Of the collisions in which two cars were involved, 2,500 of them involved parked cars, 850 included fixed objects, and 1,500 reported no specific details. The rest are 529 instances of vehicles striking pedestrians and 360 instances in which cars struck cyclists. Although the collision rates for cars striking other cars may be experiencing a downward turn, the relative safety that exists on the road seems to be making little if any progress. While more and more safety measures are being put in place, the problem seems due to the fact that people have more devices to distract them. They are simultaneously relying more on technology to keep them safe rather than simply paying greater attention to their surroundings.

Byline
Robin Reynolds writes on a variety of legal topics such as Criminal Defense, DUIs, Traffic Collisions, Road Traffic Law and others as well.

Extended Pain: How to Increase the Dollar Amount of My Claim

Settling a personal injury claim for a large dollar amount can be dependent on several factors such as the type of injury that you’ve sustained, and the treatment that is required for your specific injury. However, an insurance company will also look at your medical records and any pertinent documentation before deciding the dollar amount awarded to your claim. The following are tips to increase your personal injury settlement.

Document Everything

It’s easy to ascertain that the more critical injury that you may be suffering from, the longer it will take for you to recover. If your injuries last longer, so will your pain and suffering, and you need to recover proper compensation for the trauma that you are experiencing. The best way to capture this is by recording your physician visits and documenting any important notes in your medical records. A doctors visit showcases the extent of your injuries and how much discomfort and agony that you may be going through. With thoroughly documented medical records, you can make a more solid case and increase your chances of gaining a larger settlement in the end.

Residual Injuries Diagnosis

An injury that lasts for a prolonged period of time is referred to as a residual injury. Forms of this type of injury can include broken bones, brain damage, scarring, loss of limbs and torn ligaments. The full impact may not be visible at present, but it can be far reaching into the future. A head injury where a concussion occurred can cause problems months or years after the accident took place. Proper notation from your physician is crucial to your claim, and they need to document your case with possible long-term side effects.

Take Time for Physical Therapy

Medication and physical therapy can further aid your claim because it lets the insurance carrier know that you’re experiencing pain and discomfort due to your accident. It’s necessary to document the type of medication and strength to determine the level of pain and suffering. You can also make special note of the times and frequency of your physical therapy appointments. A physical therapist can add to your case by recording the level of difficulty that you have experienced in your daily movements.
Keep a Personal Diary

The physical and mental repercussions should also be noted in any type of injury. An injury to a major bread winner in the family can have severe mental anguish, especially if the bills and financial distress are mounting. This can take a toll on the family and can cause emotional distress to your loved ones. Having difficulty getting around can also cause physical problems with the easiest of tasks such as getting dressed, running errands and getting around the home. Making note of the many problematic areas in a personal diary can also strengthen your claim.

Settling your personal injury claim for a higher amount of money will be dependent on your proof. With the proper medical record documentation and thorough note taking, you’ll better your chances of receiving a greater level of compensation through your injury case.

Blogger Anthony Joseph presents these tips to emphasize the importance of taking an active part in the process of documentation. According to this auto accident lawyer in Fort Lauderdale FL we sometimes think that we can simply work through the pain, only to learn years later we should have been seeking consistent medical attention for our injury. In many cases, the extensiveness of the injury is not thoroughly evaluated, so at minimum be sure to take advantage of a free consultation to make sure you haven’t left out vital steps.

Scaffolding Accidents On The Job: Who Is At Fault?

Whenever there is a scaffolding collapse on a work site there can be serious injuries and issues. A worker can be seriously hurt from a fall or from equipment falling upon them. Scaffolding failure is a frightful thing on a job site and for the victim it can lead to a lengthy headache of missed work and medical bills. It is important whenever a scaffolding incident occurs in the workplace that the proper actions are taken.

Who is liable in a scaffolding accident?

Depending on the nature of the scaffolding accident there are different parties who hold liability. It should be noted first off whether or not a scaffolding erection company was used to set up the structure. If this is the case then they will hold some of the liability seeing as they were in charge of properly constructing the scaffolding levels and making sure they were suitable for use. Most common issues are loose base screws that allow the scaffolding to lose it’s balance at the bottom. Proper scaffolding erection is regulated by OSHA. Liability may also fall on the actual contractor in charge of the work site. They are the overseer and make decisions on the procedures and working times and conditions. In a sense they are responsible for all contracted workers and employee’s safety.

What do I do in the event of an accident?

It is important to seek a scaffolding investigation as feasibly close to the accident time as possible. This is to more accurately determine the cause of the accident and who is at fault. Sometimes it can even be a failure in a cross beam or supporting joint that makes the actual manufacturer of the scaffolding hardware at fault for distributing faulty products. It can also be the case that the placement and conditions surrounding the scaffolding structure were instructed by the foreman of the site or even the contractor, which in turn makes them responsible. Many personal injury lawyers have experience, either first hand or with a close account, with investigating the scene of a scaffolding accident and assessing the damages, the injuries sustained, and what exactly occurred. It will then be more clear on how to file a claim and work with a lawyer to assure the most just process in handling a case.

Proving the accident and it’s liability?

Proving an accident can obviously be done through an examination of the accident site by someone familiar with scaffolding incidents. However when an investigation doesn’t provide substantial evidence this does not mean that there was not negligence on the job site. Eye witness accounts and circumstantial evidence are common ways that a personal injury lawyer can build a case around a company or contractor. It is important to have an account of the accident and whether it was a toppling situation or a buckling scenario.

Scaffolding accidents on the job are very serious issues that result in injuries and prolonged time out of work if a worker is hurt. Steps to assure a proper case and just compensation for such a wrongful scenario can be taken by being familiar with scaffolding accident components as well as being in close communication with a law firm that handles personal injury suits.

Writing on behalf of central Texas personal injury lawyers Colley & Colley L.L.P., with over 25+ years of experience, I can assure you that scaffolding accidents should not be ignored and an injury on the job site calls for investigation for compensation.

All About Lane Departure Warning (LDW) Systems

A lane departure warning system acts as a safety feature that is helpful to drivers. When a driver is about to leave their lane, the LDW system acts by sounding a warning or by creating a vibration that alerts the driver to stay within the lane. Crashes caused by drivers who depart from their designated lanes are often serious. Some crashes are fatal, especially when a car hits a stationary object or rolls over.

There are many things that can cause drivers to veer from their lane.

– Inattentive driving due to distractions like reaching for something, looking away from the road briefly, answering a cell phone, and text messaging.

– Drowsiness from not getting enough sleep, staying out late, or driving while fatigued. This is a common problem for commercial truck drivers and for others who spend a lot of time driving.

– Inexperienced drivers can have difficulty judging where lane marking lines are and how close they are to them. Better judgment comes with experience.

Two Types of Lane Departure Warning Systems

There are two types of lane safety systems. One gives drivers a warning using audible or sensory signals to let them know they are veering from their lane. This is a lane departure warning (LDW) system. The other type physically performs an action, helping the driver to get back into the correct lane position. This is done by automated braking and steering adjustments when it’s determined that a driver has begun to swerve or go out of the lane. This system is often known as Lane Keeping Assist or Lane Keeping System (LKS).

The lane departure warning system can sound an alarm, flash lights on the dashboard, or a start a vibration either in the steering wheel or in the seat, depending on the model of car or the type of detection system that is installed. Systems often work with the help of cameras mounted on the rear view mirror that signal the computer in the car where lane markings are, and when a deflection is made from the lane.

Drawbacks to Lane Departure Warning Systems

There are some drawbacks to these systems. Road conditions, weather conditions, and driver error sometimes cannot be overcome by a LDW system. Things that lessen the system’s effectiveness include:

– Lanes that are not marked well: lightly painted lines or non-existent lines can make a lane departure warning system less useful.

– Weather conditions like snow, ice, mud, rain, or standing water in the roadway all take away from the effectiveness of the system.

– Roads with lower speed limits normally will cause a lane departure warning system to be non-operational.

– Driving through construction areas. Driving where lanes shift, lanes change, and lane markings are either temporary or non-existent will hinder LDW systems. This is when drivers must be sure they are alert and paying attention to lane shifts in the roadway and to lower speeds through construction areas.

– Driver error, like driving for long periods with a turn signal on, can deactivate the lane departure system.

Safe Driving is Always Up to the Driver

No matter what alarm systems or helpful safety systems are found in a vehicle, it’s ultimately up to the driver to operate the car safely. No safety system is a substitute for an attentive, alert, and safe driver.

Byline

Myron Pratt is a freelance writer based in Cleveland, Ohio. Fascinated readers looking to learn more about the shipping and transportation industries should check out the resources from Stevens Transport.

Extended Pain: How to Increase the Dollar Amount of My Claim

043_auto_fail.jpgSettling a personal injury claim for a large dollar amount can be dependent on several factors such as the type of injury that you’ve sustained, and the treatment that is required for your specific injury. However, an insurance company will also look at your medical records and any pertinent documentation before deciding the dollar amount awarded to your claim. The following are tips to increase your personal injury settlement.

Document Everything
It’s easy to ascertain that the more critical injury that you may be suffering from, the longer it will take for you to recover. If your injuries last longer, so will your pain and suffering, and you need to recover proper compensation for the trauma that you are experiencing. The best way to capture this is by recording your physician visits and documenting any important notes in your medical records. A doctors visit showcases the extent of your injuries and how much discomfort and agony that you may be going through. With thoroughly documented medical records, you can make a more solid case and increase your chances of gaining a larger settlement in the end.

Residual Injuries Diagnosis
An injury that lasts for a prolonged period of time is referred to as a residual injury. Forms of this type of injury can include broken bones, brain damage, scarring, loss of limbs and torn ligaments. The full impact may not be visible at present, but it can be far reaching into the future. A head injury where a concussion occurred can cause problems months or years after the accident took place. Proper notation from your physician is crucial to your claim, and they need to document your case with possible long-term side effects.

Take Time for Physical Therapy
Medication and physical therapy can further aid your claim because it lets the insurance carrier know that you’re experiencing pain and discomfort due to your accident. It’s necessary to document the type of medication and strength to determine the level of pain and suffering. You can also make special note of the times and frequency of your physical therapy appointments. A physical therapist can add to your case by recording the level of difficulty that you have experienced in your daily movements.
Keep a Personal Diary
The physical and mental repercussions should also be noted in any type of injury. An injury to a major bread winner in the family can have severe mental anguish, especially if the bills and financial distress are mounting. This can take a toll on the family and can cause emotional distress to your loved ones. Having difficulty getting around can also cause physical problems with the easiest of tasks such as getting dressed, running errands and getting around the home. Making note of the many problematic areas in a personal diary can also strengthen your claim.

Settling your personal injury claim for a higher amount of money will be dependent on your proof. With the proper medical record documentation and thorough note taking, you’ll better your chances of receiving a greater level of compensation through your injury case.

Blogger Anthony Joseph presents these tips to emphasize the importance of taking an active part in the process of documentation. According to this auto accident lawyer in Fort Lauderdale FL we sometimes think that we can simply work through the pain, only to learn years later we should have been seeking consistent medical attention for our injury. In many cases, the extensiveness of the injury is not thoroughly evaluated, so at minimum be sure to take advantage of a free consultation to make sure you haven’t left out vital steps.

What is Market Share Liability?

The legal concept of market share liability was created more than 30 years ago through the famous ruling by the 1980 California Supreme Court in Sindell v. Abbott Laboratories. It provides for plaintiffs in a suit against a manufacturer of a product, where others may also manufacture the same or similar product, to receive proportionate compensation from all parties that are jointly and individually liable for any damages caused.

To bring a cause of action against a defendant who caused harm to a plaintiff, the plaintiff need not be able to prove which of the manufacturers produced the product if such information is unknown. This was indeed the case in Sindell v. Abbott Laboratories; the plaintiff was a victim of a drug taken by her mother, causing her to contract cancer, although she could not identify the manufacturer. The concept is closely akin to that of enterprise liability, which holds that companies engaged in an industry-wide practice may be held liable if the practice is found to do harm.

Why Does the Need for Market Share Liability Exist?

Market share liability provides individuals with a tool to hold accountable corporations that manufacture products that cause harm and damages. This removes an element of burden of proof from the plaintiff. It places a proportionate share of liability on each of the parties who may be adjudicated as having been liable for harm.

As an example, companies A, B, and C are jointly and individually involved in the manufacture, marketing, promotion, and sale of a drug found to cause cancer. A plaintiff brings an action before a court, but is unable to determine which of the three companies actually manufactured the product. If the court finds sufficient evidence to support the claim of the plaintiff that all three companies benefitted in equal or unequal proportions from the sale of the drug, each company would be found proportionately liable.

Recent Cases and Future Market Share Liability

In its 30-year history since the Sindell decision, plaintiffs have attempted to apply the findings of the court to other products that have multiple defendants and are deemed to cause the same harm as that which was the basis of the Sindell case (a synthetic female estrogen hormone named diethylstilbesterol, or DES, that has been linked to cervical cancer and birth defects). These attempts to bring suit against the manufacturers of asbestos, cigarettes, products containing benzene, and breast implants have not had the same level of success with the courts as the Sindell case.

The New Jersey Supreme Court has arguably done the most to advance the context in which market share liability should be viewed with regards to a tort action brought against a manufacturer. In 1989 (Shackil v. Lederle Labs, 116 N.J. 155, 168), the court declined to apply the concept to a vaccine case and in another case from 1994 (Cecil Becker v. Baron Brothers, 138 N.J. 145, 160), setting forth the following forecast:

“… to apply the market share liability theory requires a product that is produced by multiple defendants that is uniformly similar and where the plaintiff has been exposed to but one or some of them, and through circumstances beyond the plaintiff’s control, it cannot be determined which manufacturer supplied the product that injured the plaintiff.”

Byline
Oliver Adams is a freelance writer based in Athens, Georgia who focuses on Employee Discrimination, Product Liability, the Uniform Commercial Code, Contract Law, Banking Law and other areas as well.

Common Latin Terms Used in Law

It used to be that before you considered a career in law, you needed to take a year of Latin to understand and appreciate different terms and expressions like “caveat emptor” (“let the buyer beware”). There are many phrases commonly used in the practice of law that many of us have heard, especially if we have ever watched a crime drama featuring the court room on television. Some of the more common phrases are provided below with a short definition and a discussion of how each is used.

De Facto

“De facto” is Latin for “from the fact.” This legal term is a reference to what is believed to be true, through practice, as opposed to what is written in the law. For example, de facto segregation in public schools existed in the southern United States well after the Supreme Court’s 1954 Brown v. Board of Education decision that banned such practices.

Et Alia or Et Al.

The Latin phrase “et alia,” often seen abbreviated as et al., is a reference to a group of individuals (“and others”). A lawsuit brought against several individuals together may reference the group as John Doe, et al. versus…

Habeas Corpus

Habeas corpus means, literally, “have the body present.” This term is used in connection with what is known as a writ of habeas corpus, requiring a person’s presence, typically as it relates to a legal proceeding or court of law. The concept evolved from English Parliamentary law with origins in the Habeas Corpus Act of 1679.

Mea Culpa

“Mea culpa” is a Latin phrase for “my fault.” A mea culpa is an admission of guilt or fault made by an individual.

Mens Rea

The Latin term “mens rea” is the difference between an intentional act and an unintentional act of murder. First-degree murder carries with it the element of mens rea, or the intent to commit murder through planning and forethought. A lesser crime such as manslaughter, however, is absent mens rea, or a premeditated state of mind to commit the act of murder, although the resulting act is similar to first-degree murder. However, if you are involved in a case of self-defense, it is very important that you have an legal expert like a lawyer in self-defense in nevada to stand by your side in court who will aggressively defend your self-defense case.

Per Se

“By itself” or “on its own” is the meaning associated with the Latin term “per se.” In reviewing evidence associated with a trial, a particular piece of evidence, per se, may not be an indication of guilt or innocence. However, in connection with other pieces of evidence introduced in a legal proceeding, it may provide an important evidentiary link.

Pro Bono

The legal term “pro bono” is commonly used when legal services are rendered for free, usually to an indigent person. The Latin term pro bono means “for the good.”

Pro Se

“Pro se” is Latin for a person who chooses to represent themselves in a legal proceeding (“for oneself; on behalf of oneself”). The right to counsel is provided for in the U.S. Constitution by the Sixth Amendment. The court clarified this right in Faretta v. California to permit individuals to represent themselves.

Quid Pro Quo

This Latin phrase refers to an exchange of value between parties to enter into a contract. It is taken to mean, literally, “this for that.”

Subpoena

“Under penalty” is the meaning associated with the Latin term “subpoena.” A subpoena is typically a written summons or order to appear that has attached with it penalties for failure to appear or respond.

Byline

Aaron Wilmington writes on a variety of legal issues such as Casino Slip and Fall accidents, Legal Terminology, Contract Law, Commercial Law and other areas as well.

The Injuries Sustained from Tattoos and How to Avoid Them

There are a variety of ways in which people can express their unique character, and getting a tattoo is a route that many individuals choose to accomplish this end. People opt for tattoos that are as simple as their child’s name to as complex as full body artwork. Unfortunately, tattoos also present an inherent risk due to the procedures necessary to accomplish them. Because of this, it’s vital for anyone considering a tattoo to understand ways to avoid serious injuries.

Types of Tattoo Injuries

Unfortunately, there are several injuries that an individual can sustain if their tattoo artist doesn’t do their job right. Any of these injuries can lead to serious health issues.

  • Allergic Reactions: Some tattoo studios will use subpar ink in an effort to cut down on costs. When this occurs, some of their clients may suffer severe allergic reactions.
  • Dangerous Infections: Tattoo artists are literally repeatedly breaking the skin to insert tattoo ink. This means that if the studio doesn’t use hygienic methods or, even worse, reuses certain equipment, the risk of potentially fatal infections exists. Serious diseases, such as HIV, can also be transmitted due to reusing equipment.
  • Inflamed Lymph Nodes: There is the chance that large particles of ink pigment may migrate and accumulate in a person’s lymph nodes. This can cause painful inflammation.

Avoiding Injuries

Luckily, there are several ways in which an individual can minimize the chance that they’ll suffer serious injuries after getting body work done. In fact, some of them don’t even involve tattoo parlors.

1. Stay Professional: Never get “at-home” tattoos. There is no regulation on this activity, and in all likelihood, the equipment used will not be sterile and will probably have been used before.

2. Remain Vigilant at Parlor: Even after choosing a tattoo studio, it’s important to remain vigilant. The artist should ask several health related questions to ensure a person can safely get a tattoo. If they don’t, it might be best to move on.

3. Opt for Less Permanence: One thing about tattoos: they’re usually permanent. Of course, there are other alternatives, such as long-lasting temporary tattoos and fake tattoo skin, which provide the same effect of a tattoo without the inherent dangers. Many companies actually work directly with designers to create these images, so a person can get a less invasive tattoo in just about any design that they want.

What to do After an Injury

Tattoo artists and studios try to make it very difficult for anyone to hold them liable for their mistakes. This is usually why they have clients sign ‘release of liability’ forms before performing any work. The first thing a person should do when they think they’ve been injured by a tattoo artist, however, is visit a doctor. Even if the individual has some legal recourse, it will mean nothing if a doctor doesn’t attest to the fact that a serious problem occurred due to the tattoo.

It’s also important to contact an attorney at this point. Many people believe that the forms they signed prior to getting tattooed precludes them from recovering any medical bills or other recompense due to injury, but this isn’t always the case. An experienced attorney may be able to show that the actions performed by the tattoo artist constituted reckless negligence, and in these cases, a victim may be able to receive compensation.

Tattoos allow people to express themselves in ways unlike any other, and this is likely why the practice has existed across different cultures and civilizations for hundreds of years. It remains important, however, to consider safety before having any body work done. From picking out the best artist in town to opting for a safer route than traditional tattoos, it is possible to minimize one’s risk of an injury. Luckily, even in the event of an injury, the law may allow a person to recover financial compensation for their losses.

Researcher Lisa Coleman shares what some dangers are that can accompany a needle when obtaining a permanent ink tattoo, and the legal recourse someone might have if injured acquiring one. She encourages using alternate options before a final decision is made. Tattoo You is an online temporary tattoo business that meets up with designers to make any variety of tattoo, and specializes in selling fake tattoo skin and long-lasting temporary tattoos.

 

Injured Superhero? Find Out How Much You Could Claim

It’s hard for the average person to fully understand the processes behind it, but there is something about superheroes that just grabs our attention and holds onto it for dear life. From Spider-Man to Thor and every hero from every galaxy in between, these moralistic super humans (or demigods, in some instances) maintain a firm grip onto the admiration of millions.

It’s important to note, however, that these individuals can feel pain too. In many instances, in fact, our superheroes could be entitled to receive compensation for their injuries.

What Superheroes Could Stand to Recover

While it seems silly that superheroes would ever think to file personal injury claims after their life-changing accidents, it’s important to remember that being a superhero isn’t all fun and games. Just think of the Thing; forced to live out the rest of his life as a rock monster. And who can forget Daredevil’s horrific accident that initially led to his blindness? No; the superhero life isn’t always one of perfection. Luckily, they could recover compensation for the difficulties that they face.

In fact, a list was recently released showing just how much certain superheroes stood to recover for their accidents. When Peter Parker got bit by the radioactive spider, he could’ve easily recovered $126,250. Had Daredevil brought forward a suit, there’s no doubt that he could have pulled in an easy $438,650. Even the Fantastic 4, though it was the Thing who got the worst of it, could’ve gotten over $1.2 million for their outer space based accident.

How Injury Compensation is Calculated

To understand how the aforementioned amounts were reached, it’s important to recognize what the superheroes were being compensated for. After these accidents, the at-fault party would’ve had to reimburse these individuals for medical costs, lost income, loss of property, permanent disfigurements and disabilities and even emotional damages. Luckily, there is an easy calculation that insurers use to come up with their initial settlement offer.

Claims adjusters will first look at all medical expenses related to a person’s injury. Based on the seriousness of the injury, the insurance company will decide upon a “multiplier.” This number, usually ranging from 1.5 to 5, will be multiplied by the person’s medical expenses to come up with a new monetary figure. This figure is then added to the individual’s lost income from the injury to provide a starting figure for the company to work with.

Though the typical multiplier only goes up to 5, more serious injuries can result in multipliers up to 10. This means that, in the case of the Fantastic 4, it’s likely that their combined medical bills cost $102,000. This is because the injuries they suffered were obviously serious, so it’s very likely that a multiplier of 10 was used. Since they were able to continue with their work, however, their income losses were likely minimal.

What about Mere Mortals?

Luckily for those who can’t travel between parallel dimensions or soar over the skyline of New York City via web slinging, compensation laws weren’t created for superheroes. This is actually extremely beneficial considering the fact that regular people don’t end up with awesome abilities after being injured through other people’s negligence.

In reality, injury attorney’s such as those at www.tennandtenn.com, will explain that when a person is injured on the job, in the car or anywhere else, they may end up facing excessive medical bills, pain and suffering, lost time at work and various levels of property damage. The calculation described above will create a base amount that an accident victim will likely be offered. Having an attorney on their side is usually beneficial since insurers will probably only offer the bare minimum.

Everyone feels pain, and even our greatest superheroes have shown that they aren’t invulnerable. Just think of when Lex Luther stabbed Superman with kryptonite in “Superman Returns”. Fortunately, these heroes, if they so chose, could likely recover substantial compensation for the accidents that created them. Luckily for mortals, however, there’s no requirement of being a superhero to recover compensation for injuries suffered due to the negligence of others. 

As a former law blog editor, Georgina Clatworthy has written many articles relating to personal injury and accident claims, although mostly for the benefit of mere mortals! Whether you are a mortal or a superhero, the lawyers at www.tennandtenn.com can advance your claim, helping you receive the damages you deserve.

Chronic Back Pain A Year After: Is There Recourse?

Back injuries have historically proven to present lifelong problems for the injured individual. Personal activity of any type can be severely hampered. The problem with back injuries is that they take a long time to manifest in many cases, as a seemingly minor injury can develop into a full disability over time. Filing a legal claim for an injury resulting from a negligent party can be difficult if not done on a timely basis, as all states have a statute of limitations on filing personal injury claims stemming from an accident. The statute expires in North Carolina after 10 years in all cases and after three years in most personal injury cases.

Did the Injured Party Seek Medical Attention?

Anyone who was treated at a certified medical facility for injuries sustained in an accident will have a diagnosis record and a billing record. The diagnosis and prognosis serve as documented evidence that the injury occurred in reasonable association with the accident. This documentation can also include an ambulance record and the emergency medical personnel assessment of immediate injury. If the back injury was reported immediately following the accident, then the documentation is sufficient to present in court by a personal injury lawyer North Carolina based or in your state of residence. Doctors are considered as expert witnesses in most court cases and they are the best intermediate references. Actually, their services are a significant portion of the compensatory claims.

Were Other Individuals Injured?

This is especially important in automobile accident personal injury claims. If other persons occupied the vehicle also, the injuries could be similar. Additionally, the other parties involved in the accident can serve as witnesses that the injury was suffered and possibly missed in treatment. This is a common occurrence in a major accident where some individuals suffer injuries that do not manifest until later. A stressed medical staff can easily overlook a detail that worsens over time.

Has a Medical Claim Been Settled?

Insurance companies often act quickly in a personal injury case if they think they can convince the injured party to avoid hiring an attorney while offering much lower payouts in the process. The injured novice must not attempt to handle a claim alone. All insurance companies will seek a permanent full release from further damage claims in any settlement, and all personal injury attorneys expect this requirement from the insurance company. Attorneys always advise against this action. Remember that the insurance company has no obligation to the patient until the court orders coverage. Quick insurance company action is suspicious, and if a full release has already been signed it is fully legally enforceable.

Anyone experiencing a nagging and worsening back injury should always seek counsel from an experienced and effective legal representative who will be honest in an assessment of the case. The time delay can clearly present a problem and offer a defense position for the respondent. It is incumbent on the plaintiff to prove the injury was actually a result of the accident in question, and evidence can erode over time. It is important to seek medical treatment as soon as possible before retaining an attorney to ensure that the possibility for a claim still legally exists. If regular medication doesn’t help with your chronic pain, consider switching to 10mg delta 8 gummies by fresh bros for pain relief.

 
Will Powell is a freelance writer who seeks to provide answers to common questions relating to back pain injuries and the law. Auger & Auger Attorneys at Law is a personal injury lawyer North Carolina based firm which can help those who suffer from chronic pain back injuries resulting from negligence or wrongdoing.