Archive for the ‘Auto Accidents’ Category

« Older Entries

Kansas Accident Attorney Discusses The Different Types of Auto Accidents in Kansas.

Tuesday, May 8th, 2012

At the Law Office of Michael J. Joshi, I understand how devastating an auto accident can be to you and your family.  In the event that you or a loved one has been injured or killed in a car or truck accident in Kansas or Missouri, you want an auto accident attorney who will do what is in the best interests of you and your family. I understand how much medical bills, recovery bills, lost wages, and pain and suffering can cost individuals and families.

There are many types of accidents:

  • Rear Impact Accidents - A rear-impact auto accident occurs when one automobile strikes another auto from behind. In most cases, these accidents occur when someone is distracted and doesn’t have enough distance to stop.  The at-fault party in most cases is driver who strikes the other vehicle from behind. The NHTSA or National Highway Traffic Safety Administration statistics cite rear-end collisions account for about 30 percent of the accidents in the United States.
  • Side Impact Accidents –  Side-impact accident or “t-bone” accidents are considered to be very serious accidents since there is less protection.  These accident occur when one vehicle strikes the side of another vehicle. These accidents also occur when a vehicle merges in to an occupied lane or a vehicle strikes the side of a car at an angle.  Another side-impact type of accident occurs when a vehicle strike an object such as a tree from the side. The National Highway Traffic Safety Administration statistics report that 29 percent of the accidents that occur in the United States are side-impact accidents.
  • Head-on Collision Accidents - A head-on accident occurs when two vehicles strike each other from the front.  These accidents occur when two vehicles are approaching each other from opposing directions and they strike each other.  The at-fault party can be difficult to determine and may necessitate an accident investigation.    Head-on collisions occur most often at night.  This is due to drivers’  falling asleep and drunk drivers.  The National Highway Traffic Safety Administration states that only 2 percent of the total auto accidents in the U.S. are head-on accidents.
  • Rollover Accidents - A rollover accident describes the type of accident when an automobile or truck rolls over.  The main cause of a roll over accident is turning too sharply.  Tall vehicles such as Jeeps, pickup trucks and sport utility vehicles are far more likely to tip over or roll-over in an accident. THe National Highway Traffic Safety Administration reports that of the total number of accidents in the United States, only about 2 percent of all accidents are rollover accidents.
  • Runoff Accidents - A runoff accident is typically a one auto accident.  A runoff accident occurs when a vehicle runs off of the road.  The most common reason for this type of accident is distracted driving.  The other more common cause is swerving to avoid hitting an object in the road, or another vehicle or animals crossing the road. State governments attempt to prevent serious injuries or death in runoff accidents by constructing guard-rails on the side of the streets and in medians. The National Highway Traffic Safety Administration reports that over 16 percent of accidents in the United States are runoff accidents.

Contact a Kansas Car Accident Lawyer

Have you been injured in a car or truck accident? At the Law Office of Michael J. Joshi, I have extensive experience helping clients throughout Missouri and Kansas receive the compensation they need. If you have any questions, call me at 913-227-0100 or toll free at 877-227-8456 or e-mail my Kansas law office for a free consultation.

Tags: , ,
Posted in Auto Accidents | Comments Off

Intersection Accidents in Kansas Can Be Deadly

Wednesday, May 2nd, 2012

Unfortunately intersection accidents are among the most common—and the most deadly—type of automobile accidents in the United States. People tend to believe that a yellow light simply means they should speed up rather than stop, meaning they generally end up in the intersection on a solid red light and are hit by a car who rightfully believes they have the right of way. Some estimates put intersection accidents at a full one third of the total number of accidents, and although some cities have installed red light cameras in an attempt to lessen the number of intersection accidents, the numbers haven’t come down.

What Causes Intersection Accidents?

Intersection accidents occur from drivers who go through yellow and red lights as well as drivers who anticipate the green light and start through the intersection before the light has completely changed to green.  Other causes of intersection accidents included such factors as distracted drivers. Distracted drivers are becoming more and more common on our roadways. Americans spend so much time inside their vehicles that they have come to think of them as a home on wheels. We eat inside our car while driving, talk on our cell phone, fiddle with the radio or GPS, talk to passengers or turn around to scold the children in the back seat. Some drivers even apply makeup or read while driving to work. Any of these behaviors are incredibly risky, and can cause all sorts of accidents as well as an intersection accident.

Fatigued drivers are also becoming more common, especially truck drivers who have been behind the wheel for an excessive number of hours.  New studies have shown that driving while exhausted is every bit as dangerous as driving under the influence of drugs or alcohol. The fatigued driver may fail to properly look both ways before traveling through the intersection.  Other causes of intersection accidents lie in the design of the intersections themselves. There may be limited visibility issues, or they may simply be poorly designed. Excessive speed can also be a factor in intersection accidents, especially when drivers speed up in order to get through the light before it turns red. Drivers who fail to properly yield the right-of-way in an intersection put other motorists at great risk. Those who have been injured in an intersection accident have found it to be an uphill battle to get compensation from insurance companies who routinely deny claims.

How to Avoid Intersection Actions

Any time a driver approaches an intersection he or she should stop at the light or stop sign and look both ways, then look again. The few seconds necessary to perform this exercise allows any approaching cars to come within your view, so look right, then left, then right and left again—it could save your life. When you are waiting at an intersection and the light turns green, take an extra second and quickly look both ways prior to proceeding. Rushing into the intersection without looking could put you directly in the path of an oncoming car who thought they could make it through the yellow light. You should also avoid changing lanes in the middle of an intersection since you will have no idea how many other drivers are making their own decisions based on your remaining in the lane you are in.

Getting Help for Your Injuries and Damages

The injuries sustained from an intersection crash can be quite serious. If you were hit from the side this is known as a broadside accident or a T-bone accident. There is little protection on the side of a vehicle—no airbag unless your vehicle is equipped with side airbags, and no space between you and the oncoming car such as you would have from a front or rear collision.

If you’ve been the victim of an intersection accident which was caused by the negligence of another, they must be held accountable for your injuries and the damages to your vehicle. A knowledgeable Kansas auto accident attorney will be able to help you recover the losses resulting from your collision such as medical expenses, therapy, lost wages, physical pain and mental trauma. Your attorney will help you understand your rights and give you an approximate figure as far as compensation which could be available to you. 

Tags: , ,
Posted in Auto Accidents | Comments Off

Kansas City Car Accident Attorney Discusses The Massive Car Accident On I-435 Loop

Tuesday, May 1st, 2012

According to Kansas City (Missouri) Police, a multi-car pile up on I-435 occurred shortly after 7:00 A.M.   Police stated that six vehicles collided in the I-435 pileup accident along I-435 westbound near Holmes.  Police on the accident scene were relieved to report that only minor injuries were sustained to the passengers involved in the pileup along I-435.  The accident was cleaned by 8:00 a.m.

Most highway pileup accidents are cause by speeding and following too close.  In both Kansas and Missouri, there are laws aimed at reducing these dangerous types of accidents.  For example, you are required to keep a significant amount of distance between you and the car in front of you.  Tailgating or following to close to the car in front of you significantly reduces your ability to avoid a rear-end collision.  The best approach is to keep one car length between you and the vehicle in front of you for every 10 miles per hour you are driving.  For example, if you are traveling 60 MPH there should be at least 6 cars lengths of distance between you and the car in front of you.

If you or a loved one is involved in a serious auto accident due to a pileup accident, contact the Law Office of Michael J. Joshi.  Mr. Joshi has extensive experience helping clients throughout Missouri and Kansas receive the compensation they need. If you have any questions, call me at 913-227-0100 or on our toll free number at 1-877-227-8456 for a free consultation.

Tags: , ,
Posted in Auto Accidents | Comments Off

Choosing a Kansas Spinal Cord Injury Attorney Following Your Auto Accident Injuries

Monday, April 30th, 2012

Over ten thousand Americans suffer serious spinal cord injuries each year and vehicle collisions are the primary cause of these injuries followed by injuries while on the job, unexpected falls, trauma suffered from violent acts and injuries caused by sports. In the instance of auto accidents many times a person suffers a serious injury to the spine due to the negligence of another then must deal with months, years or a life spent dealing with medical and rehab expenses as well as pain and suffering and loss of wages, both present and future. Because of the extent of the damages suffered by those with spinal cord injuries it is extremely important that an attorney with extensive knowledge of personal injury as well as spinal cord injuries in particular advocate on your behalf to help you get the compensation you deserve.

A Brief Overview of the Spinal Cord

The spinal cord travels from the neck down through the center of the back, ending above the top of the waist. A collection of nerve endings that transmit information between the brain and other body parts make up the spinal cord with its protection lying in rounded bones of vertebrae. All put together this is known as the spinal column. Any unexpected and traumatic shock to this area can cause fracturing or dislocation of the vertebrae causing damage to the spinal column. Spinal cord nerves are unable to regenerate once severely damaged. The degree the body will be affected by spinal cord damage depends largely on the specific area of trauma.

Loss of movement, known as paralysis, can be the end result spinal cord trauma. When an injury occurs in any of the vertebrae below the neck, a loss of feeling may occur in the portion of the body below the waist although the victim may require a ventilator in order to breathe. The body may lose its ability to properly regulate blood pressure and the temperature of the body may not remain in the normal range.  This can result in years and years of rehabilitation and the requirement of either a part-time or full-time caretaker. The degree of injury to the spinal cord is paramount; while a complete severing of the spinal cord results in total loss of function from the damaged vertebrae on down, a partial severing or less severe bruising and swelling can result in differing degrees of function and paralysis. There is currently no way to reverse spinal cord damage with rehabilitation focusing on the prevention of further injury as well as helping those with spinal cord injuries to lead as active and productive life as possible.

How Spinal Cord Injuries Affect the Future of the Injured

Spinal cord injuries have the ability to seriously affect the quality of life for the injured person. In many cases the injury is so severe that the person with the spinal cord injury can lose the ability to work and in the most serious cases even to care for oneself in an independent manner. Those with spinal cord injuries have had their lives irrevocably changed forever and must learn to live with these changes. The expenses for such injuries can be truly astronomical and many people with spinal cord injuries exceed their policy limits within the first year or so following the accident.  In addition to medical expenses and lost wages, a knowledgeable personal injury attorney may negotiate on your behalf for compensation for your pain and suffering as a result of the accident and subsequent injuries.

Should you or a loved one have suffered a spinal cord injury due to the negligence of another, you know how expensive and exhaustive treatment and recovery can be. In addition to medical expenses there may be expenses for remodeling the home as well as equipping a vehicle can be prohibitive. The medical expenses of a fully paralyzed victim can often exceed $400,000 in the first year alone. An accomplished personal injury attorney has the necessary expertise to take legal action and ensure your expenses are taken care of. Don’t wait, call an attorney today and get the help you need and deserve.

Tags: , ,
Posted in Auto Accidents | Comments Off

Your Rights as a Consumer when a Defective Product Caused Your Accident

Friday, April 27th, 2012

Virtually any product has the potential to be defective whether you are talking about a toaster or the tires on your car. A product is generally considered to be defective when it produces harm in a way which is both unexpected and startling to the consumer. Historically consumers had little recourse under the law if they found themselves injured by a defect in a product since the law considered it to be the responsibility of the consumer to ensure products they purchased were both safe and used in a safe manner. Thankfully, those laws have changed through the years, and today when consumers are maimed, injured or killed by a product considered to be defective, they are entitled to file a product liability lawsuit.

This lawsuit can be filed against any number of people in the chain of events including the designer of the flawed product, the manufacturer of the parts which make up the product, the manufacturer who assembled the product or the wholesaler or retailer. A lawsuit regarding a defective product is filed under the auspices of product liability law under one of three types of claim—design defects, manufacturing defects and marketing defects. If you have been harmed by a defective product because of instructions which did not adequately detail the proper and safe use of the product, then you may have a valid product liability claim. If you were harmed due to an inherent flaw in the design of the product, then you may have a solid product liability claim regardless of whether you used the product properly.

Whatever the grounds for your suit, your attorney must prove a definite connection between the flawed product, the injuries which resulted and the liability of the defendant based on their negligence, breach of strict liability, warranty breach or misrepresentation. Negligence refers to any actions which obviously fall beneath the expected and reasonable standards of care while misrepresentation, fraud and warranty breach concern advertising of the product or the instructions and warnings which may be misleading to consumers. Strict liability encompasses the responsibility for the damages caused by the product whether there was negligence involved or not.

Defective Automobile Products in the News

Most people have heard of the Firestone/Bridgestone defective tires as well as the propensity for certain SUV’s to rollover and cause serious injury or death. A tire separation which causes a blowout at a high speed on a freeway or highway can causes severe crashes or rollover accidents, leading to traumatic injuries or fatalities. In the early part of 2000 over 6.5 million Firestone tires in America were recalled, and later on the president of Firestone acknowledged his company had not paid enough attention of quality control in the design and manufacture of the company’s tires.

Around the same time a rash of injuries and deaths occurred in Ford Explorer’s which were blamed on a faulty design which created an unreasonable and unsafe instability issue. Most particularly in cases where there was a tire blowout, the driver was unable to control the vehicle, leading to a serious collision. Even when fitted with different tires than the presumably faulty Firestone tires, the Ford Explorer is still considered to be more dangerous than other SUV’s due to a defective design which promotes instability. Most recently Toyota has been the target of recalls due to a flawed floor mat design which causes the gas pedal to stick, leading to several fatal accidents.

If you have been the victim of a defective product which led to your automobile crash, you need serious help. Product liability cases are notoriously complex, and it is imperative you have a knowledgeable attorney advocating on your behalf in order to ensure you get the compensation you deserve for your medical expenses, lost wages and pain and suffering.

Tags:
Posted in Auto Accidents | Comments Off

Side Impact Collisions—Responsible for Nearly One-Fourth of all Car Accidents

Wednesday, April 25th, 2012

Nearly 10,000 people die annually in the United States as a result of side-impact collisions, making them second only to head-on collisions in terms of fatalities. When the side of one vehicle impacts with the front of another, it is sometimes called a T-bone accident. While accidents of this nature are likely to be grave, the ultimate seriousness of the injuries of those involved in the accident will depend on the mass and velocity of the oncoming vehicle as well as the part of the car which is struck. Once the car is struck, the collision is generally forceful enough to spin the vehicles in opposite directions than they were originally traveling.

Should the oncoming vehicle be traveling at a high rate of speed when the collision occurs, the vehicle which is hit could rollover or even ricochet off other vehicles, fixed objects or even hit a pedestrian. If the vehicle is struck right in the middle, between the tires, injuries will likely be more serious than if the vehicle is struck toward the front or near the side of the trunk. While a head-on collision at high speeds is almost always deadly, a head-on collision at lower speeds actually affords the passengers inside a bit more protection than a side-impact collision.

There is little to no protection afforded the passenger sitting barely a few inches on the other side of the door once the oncoming car collides. Although side impact airbags would certainly lessen the seriousness of side-impact collisions, currently only the higher end vehicles have them. Even those vehicles with side-impact airbags cannot lessen further impact as the car continues in motion and collides with other objects since the airbag deflates almost immediately after the initial impact.

What Precipitates Side-Impact Collisions?

Most T-bone accidents occur in intersections and quite often are the result of either driver inattention or negligence or possible inadequate traffic signs. Even drivers who are safe and law abiding can find themselves victims of side-impact accidents which occur in an intersection. When the oncoming driver ignores the other driver’s right-of-way, intersection accidents are likely. This can occur when one driver runs a stop light continuing through the intersection with a total disregard for the traffic coming from the other direction—who actually have a green light and thus the right-of-way. Other times negligent drivers may fail to yield at a yield sign, or make a “sliding stop” at a red light prior to making a turn across the intersection. Drivers who are distracted by any number of issues inside their car can find themselves traveling through the intersection illegally, slamming into the side of another driver.

Injuries Resulting From a Side-Impact Collision

Most vehicles can sustain a low-speed crash, however the soft tissue of the bodies inside cannot. Most side-impact collisions whip the occupant’s head and body from side to side, and when the car has no side-impact airbags, the occupant’s head can slam into the hard glass of the door window. Head, neck and chest injuries as well as injuries to the arms and legs are common in side-impact collisions, and the victims are likely to suffer multiple cuts and bruises, from minor to serious. Head trauma of this nature can result in dizziness, blurred vision and headaches, or in some cases more serious brain trauma. The occupant in the vehicle sitting on the side which was struck will likely have the most serious level of injury. In some cases, injuries can manifest hours or even days following the accident. This can be due to the surge of adrenaline which the body releases when the car collision occurs, and this adrenaline can mask the symptoms of injury in some cases.

Getting Help Following Your Side-Impact Collision

Those who have been injured in a side-impact car collision should seek immediate medical attention. Once medical needs have been attended to, a highly experienced personal injury attorney should be consulted. You will need to discuss the merits of your particular case and determine whether you have a valid claim against the negligent party. Don’t suffer on your own—let a knowledgeable attorney work on your behalf to ensure you receive the compensation for your medical expenses, lost wages and pain and suffering which you need and deserve.

Tags: ,
Posted in Auto Accidents, Car Accidents | Comments Off

Was Your Auto Accident Caused by a Defective Road Design?

Monday, April 23rd, 2012

There are a myriad of factors involved in automobile accidents and many are the result of driver error. In some instances, however, automobile accidents are the result of the careless design of a particular stretch of road, intersection or drainage ditch. Crucial maintenance can be neglected or signage can be defective or absent. When any aspect of a road, street or highway has flaws in the plan or upkeep which have been ignored, a person injured because of these issues may have the right to file suit against the responsible governmental entity. Most roads are planned, constructed and kept up by the state, county, city, town or village, and while they have a certain level of immunity for roadway planning and design, they can be held accountable under certain circumstances.

Examples of Dangerous Roadways

Roads which allow rainwater to accumulate due to lack of drainage planning can easily cause an accident when a car hits an unexpected puddle, skidding out of control. Dangerous roads which have no marked warning signs or those which lack guardrails or have flimsy or inadequate guardrails can be judged to have caused an accident. Roads which should be marked with a lower speed limit due to dangerous curves or other unsafe factors but are not or roads with shoulders which drop off steeply can also cause potentially fatal accidents. Even roads which have untrimmed trees or shrubs close to the edge can be responsible for an automobile accident. As far as maintenance goes, when the lines on the road have not been painted, signs are obstructed, traffic lights don’t function properly or potholes have not been filled, accidents can result.

Unsafe Design

While most roads must only comply with the engineering planning standards which were in place when they were built—rather than current standards—if a particular road has had many accidents then the responsible entity may be required to modernize and upgrade the design. In the same vein, when an entity engages in a substantial renovation plan or refurbishing, they may be required to improve the original plan at the same time in order to conform to current design or construction standards. While generally speaking governmental entities do not have to concern themselves with objects which are near to the roadway, this rule goes out the window when there has been a measurable history of collisions with such objects and the entity was aware of the potential dangers.

Defective road design cases can be difficult to prove, necessitating a highly experienced attorney who is able to successfully navigate the labyrinth of governmental red tape. Governmental entities are well known for their reluctance to settle roadway hazard cases and they may fight hard to make the case go away. Your attorney will need to be just as hard-nosed and aggressive in order to successfully take on the government. It is highly likely that your attorney will be required to bring in independent professionals such as road design experts, forensic scientists and accident investigators in order to prove your defective road design case.

In the case of a road design flaw, unless your attorney can prove a long history of accidents resulting from the flaw, he or she may have to prove that circumstances have changed substantially since the road was built, meaning the number of cars on the road have greatly increased or the speed limit has been raised. Depending on your specific set of circumstances, you may be entitled to reimbursement for all medical expenses, both present and future, damages to your vehicle, lost wages and possibly even pain and suffering depending on the extent of your injuries. You need solid and knowledgeable help, so contact a personal injury attorney who is highly experienced in defective road design cases.

Tags:
Posted in Auto Accidents | Comments Off

Why You Need an Attorney Following an Auto Accident

Thursday, April 19th, 2012

Many people decide not to hire an attorney following their auto accident based solely on the perception that the attorney will take a good portion of whatever settlement they get. While it is true that your accident attorney will receive roughly a third of your eventual settlement, what many fail to take into consideration is that the typical settlement when a lawyer is involved is substantially larger—research from the insurance industry reports that the normal victim of an accident will receive considerably more money when they have retained a personal injury attorney even after all costs are deducted. Insurance companies often try to step in the middle of an accident victim hiring an attorney simply to reduce the amount they will have to pay out. After all, insurance companies—contrary to the friendly insurance commercials we see on TV—are interested in their financial bottom line rather than whether or not you get a fair settlement.

Instances Where You Might Not Need an Attorney

There are a handful of circumstances where the services of an attorney might not be necessary following a car accident. If you were in a collision in which the other driver was cited, then liability is not in question. Once there is no question of liability, if the total of all your medical expenses was $2000 or less and you feel you have made a full recovery while missing less than a week of work, then probably don’t need to hire an attorney. In cases such as this, you are likely fully capable of settling your accident case on your own and an attorney would likely cost more than the settlement would be.

Instances Where an Attorney is Crucial

If your medical bills totaled $5,000 or more and serious injuries such as fractures, brain trauma, spinal cord injuries, amputation of limbs or any other such injuries were involved, then you definitely want to consider hiring an attorney. If the other driver was intoxicated when he or she hit you, then the punitive damages are likely to be quite large. A case such as this is so complex that only a highly experienced personal injury attorney could effectively present such a claim. In cases where you had pre-existing medical conditions which were further aggravated by the collision an attorney can definitely help you.

If your accident involved a large commercial truck or if there are uninsured motorist claims involved, then again, you definitely need a personal injury attorney. A knowledgeable attorney’s legal expertise can be critical in cases where liability is in question and a thorough investigation is necessary or when there are medical liens filed by health insurers or physicians who are claiming a right of reimbursement.  If there was a death as a result of the accident, then having legal representation is critical.

Any time there are highly technical legal or medical issues at hand, then an attorney can take that worry from you—after all, that is what they are trained to do and what they do on a daily basis. Should you have received a police report after the accident which you believe to be extremely inaccurate, then an attorney is mandatory. An attorney can get the justice you deserve whether by trial or settlement but perhaps more importantly, an attorney can handle all the complex legal details of your case while you concentrate on putting your life back together. Personal injury attorneys are well aware of how insurance companies work, and will work aggressively on your behalf in order to get you the compensation you need and deserve following your accident. You likely have huge medical expenses, have missed considerable time from your job and may also have significant levels of pain and suffering. Your personal injury attorney will ensure you are treated fairly by all those involved, and will not charge you until the case is settled.

Tags:
Posted in Auto Accidents | Comments Off

Auto Accident Wrongful Death Lawsuits Explained

Thursday, April 12th, 2012

When a family suffers the loss of a loved one through an accident which was caused by the negligence of a person or entity it is called a wrongful death. Those who have never lost a loved one in such a tragic and unexpected manner find it hard to understand the devastation such a loss brings. At such a devastating time, calling an attorney may be one of the last things the family thinks of as they struggle to simply get through each new day. Unfortunately, the loss of a loved one, particularly if they were the primary breadwinner in the family, can also bring untold financial loss in addition to the emotional pain. The family of the deceased may have medical expenses as well as the cessation of income they relied on in order to pay their regular bills.

Why You Need a Wrongful Death Attorney

Hiring a wrongful death attorney at this juncture may be the single most important move a family can make during this difficult time. Families need time to heal without having to personally deal with a lawsuit, and a highly experienced attorney can remove that extra burden. The wrongful death attorney will likely first attempt to settle the case out of court, getting you an equitable settlement by demanding a fair amount of damages from the defendants. Should the defendants not wish to pay this amount, the next step your attorney will likely take is to file a document known as a complaint with the courts in order to set a wrongful death lawsuit in motion. This legal complaint will clearly list the reasons the defendant is being sued as well as noting the laws which support such claims. The complaint will also state what amount of money the plaintiff is seeking as compensation. The defendant or defendants in the case will have a specific amount of time in which to answer the complaint, usually from 20-30 days. The answer to the complaint will detail the defendant’s potential defenses to the claims and will usually ask that the case be dismissed.

How a Wrongful Death Lawsuit Differs From a Personal Injury Lawsuit

In a personal injury case the requested compensation is based on the needs of the victim. In other words, the amount being sought will depend on the victim’s medical expenses, lost wages and pain and suffering, while in a wrongful death lawsuit it will be the needs of the victim’s family in question. Some 150 years ago wrongful death claims did not exist as it was believed that the right to monetary compensation perished with the victim. New York was the first state to make it possible for family members to file a claim for a wrongful death, and California soon followed suit. Eventually all 50 states realized the wisdom in allowing loved ones to receive compensation when a family member who was also the primary breadwinner was killed through another’s negligence. Wrongful death compensation is intended to help heal—on a financial level—the devastation caused to the family by the sudden, unexpected loss, allowing the rebuilding of lives.

What are Wrongful Death Awards Based On?

Of course economic loss is the primary factor in a wrongful death award, and takes into consideration the loss of future wages the deceased would have earned, burial and funeral expenses and loss of inheritance. Non-economic losses such as loss of companionship or the suffering of grief can also be factored into the overall compensation while survival related damages such mental suffering which requires ongoing counseling will also be considered. Finally, punitive damages can be awarded as a sort of financial punishment for negligence. Punitive damages are meant to deter such negligent behavior in the future.

It is imperative that you have an aggressive, knowledgeable and compassionate attorney fighting on your behalf for what your family needs and deserves. Don’t wait in hopes the insurance company will offer a fair compensation—hire an experienced attorney quickly.

Tags:
Posted in Auto Accidents | Comments Off

Common Myths Regarding Personal Injury Claims

Monday, April 9th, 2012

It is to be hoped that you will never be required to seek out the services of a personal injury attorney, however if you or someone close to you has been involved in a serious accident and suffered significant loss then you will be relieved to know that a highly skilled personal injury attorney can help you get the compensation you need and deserve. Many people are unaware of the facts about personal injury claims and see them as something which only disreputable or dishonest people engage in. In reality those who have been injured through the negligence of another are entitled to compensation and these myths must be dispelled so those who are in need can get the help they deserve. Below are some of the typical myths associated with personal injury claims:

  • Hiring an attorney is extremely costly and there are few personal injury attorneys out there who won’t take advantage of your pain. In truth, there are many, many law firms with attorneys who fully understand the needs of clients while also offering compassion and understanding. Personal injury attorneys rarely require their clients to pay any money up front and take on the considerable expense of a personal injury lawsuit on their own—commonly known as a contingency case. Unless your personal injury attorney wins your case, they get no money at all, and are likely out a good amount. Additionally most lawyers offer a free consultation where you can get a knowledgeable answer about the viability of your particular case.
  • All plaintiffs are guaranteed compensation. Every personal injury case is unique in some aspect, and as such are judged on their specific characteristics. Simply retaining a personal injury attorney is no guarantee that you will receive any level of compensation.
  • A personal injury claim can take years to settle. The vast majority of personal injury lawsuits settle out of court in a relatively short amount of time without the necessity of the plaintiff appearing in court or a lengthy trial. In fact, most personal injury attorneys seek to obtain a fair settlement for their client without going to trial because they understand that personal injury trials often have a low chance of success at trial. Personal injury attorneys also realize that the cost of a trial as well as the length of the trial can be prohibitive and that an ongoing trial can disrupt their client’s life for a very long period of time.  Juries are known for being unpredictable and may have biases or be unsympathetic to the injured party despite the facts of the case.
  • Plaintiffs must settle their case prior to receiving treatment. This is simply untrue—all plaintiffs are legally entitled to appropriate and timely treatment and are not required to wait for a settlement before they can receive medical treatment. Victims must ensure they retain all bills and medical records and keep extremely meticulous records as the eventual settlement could hinge on these items.
  • Personal injury cases can be settled without benefit of a personal injury attorney. While a plaintiff is not legally bound to hire a personal injury attorney in order to file a lawsuit against a negligent party, it is highly advisable they do so. Think about it—would you make the decision to totally re-plumb your home if you had absolutely no plumbing experience? Would you pull the transmission out of your car to repair it if you had never so much as changed your own oil? Going into a personal injury lawsuit without benefit of a highly experienced personal injury attorney is much the same. Personal injury cases are extremely complex and require the knowledge and experience of a personal injury attorney in order to reach a favorable outcome.
  • The insurance company will treat you fairly. You may have images in your mind of all the insurance commercials you have seen in which the insurance adjuster is friendly and compassionate and only has their client’s best interests at heart. Unfortunately, this is rarely the case. Insurance companies have their own financial bottom line uppermost in mind when dealing with claims. Their goal is to pay as little as possible to their policy holders in the event of an accident and resulting claim. Personal injury attorneys are highly skilled in dealing with insurance companies and will ensure you are not taken advantage of.

There are more myths regarding personal injury claims, however these are the most common. If you are the victim of an accident with injuries, it’s important that you get the help you need and deserve.

Tags:
Posted in Auto Accidents, Car Accidents | Comments Off

« Older Entries