When the Government Caused the Personal Injury

By on 9-28-2014 in Injury

Filing a personal injury claim against the government is more complicated than filing a similar claim against a citizen or corporation. Although you have the right to file a personal injury lawsuit against the government responsible for causing you injuries or damages, the most important part of the process is to follow the steep guidelines in order to have a strong argument that you can present in court.

One of the many things you should consider is the statute of limitations; for personal injury lawsuits against a government entity, you only have a limited amount of time as compared to the typical lawsuit. Depending on where you are, you may only have between 30 and 120 days after the injury to file the lawsuit. In the state of Tennessee, plaintiffs should file a claim within six months of the accident. This applies to claims against the municipality, and for county you only have 1 year after the accident.

Consulting with a lawyer is vital in a personal injury claim against the government because they will be the one who will determine and present the content of the formal claim, and this being an administrative process that occurs before a lawsuit, it should be filed according to the guidelines otherwise the claim may be denied by the court. These Tennessee personal injury attorneys have seen a number of plaintiffs’ claims be denied because of filing mistakes, and it proves to be a waste of time, money, and effort. Aside from the time restraints, there are requirements for the Notice of Claim, and failing to follow the guidelines may result to the claim being dismissed by the court.

There are many ways that your personal injury claim of lawsuit against a government entity may be denied or dismissed, therefore it is always wiser to err on the safe side and hire an injury lawyer. Because of the differences and complicated nature of a personal injury, it would be better to have legal counsel to guide and represent your case in court.

The Incredible Flying Bicycle

By on 8-18-2014 in Mobility

The other day I was coming in to work when I saw something inexplicable in the sky. At first I thought it was a skydiver, because of the huge parachute. I thought it odd that someone would be seeking such thrills before eight in the morning, but my mind was prepared to accept that. Then I noticed the bicycle. Then it hit me.

Someone was riding a flying bicycle.

After the initial shock wore off, I unleashed a series of noises that related my astonishment to no one in particular. These were mere gutteral vocalizations of bewilderment.

I looked up what this could have possibly been when I arrived at the office and was happy to find that commercial flying bicycles are available for public purchase. Too bad they cost 10,000 British pounds.

The flying bicycle has a fan that pushes air into the parachute, creating lift. Pushing air around causes the entire contraption to fly. It can be steered, raised, and lowered. It was a wonderful sight. What an incredible invention!

kid on bicycle

Keep reaching for those stars, kiddo!

Safest Cars from Rollovers, NHTSA says

By on 7-20-2014 in Automobile Accidents

If you are thinking of buying a vehicle, it would be a good idea to find out if the car you’re considering is likely to get you killed or seriously injured. The National Highway Traffic Safety Administration (NHTSA) released a report ranking vehicles according to safety tests for rollovers, and provided some recommendations to increase the safety rating of a vehicle.

Among the vehicles that the NHTSA to be safer than others from rollovers are those produced by Mazda, especially the RX-8 4-door sports car on first and the Mazda3 compact sedan on third. Luxury vehicle maker Acura’s TL sedan ranked second while the new Beetle Convertible by Volkswagen and the Hyundai Tiburon sports coupe garnered 4th and 5th place respectively.

These are all noticeably low-slung cars which is to be expected as sedans are much closer to the ground that other vehicle types, making them much more stable. Predictably, the vehicles that scored the lowest in the NHTSA tests are all sport utility vehicles (SUVs) including 4×2 versions of Ford’s Explorer, Explorer SportTrac and Mercury Mountaineer, General Motor’s Yukon, and Chevrolet’s Tahoe. So if you really want an SUV, it would be better to stick to the all-wheel version of the Chrysler Pacifica which although not precisely an SUV it is close enough for government work.

The report also stated that while sedans gain more stability with more passengers, SUVs become less so. This is a sobering thought, considering the potential for destruction of a passenger-laden SUV. As discussed by the Willis Law Firm on their website, the injuries sustained by victims in rollover accidents are often catastrophic and life-changing. When negligence plays a factor in rollover accidents, the responsible parties should be made to pay for the consequences.

The potential for rollovers is a real danger, especially in SUVs, but passengers who observe safety regulations have a greater chance of surviving it. According to the NHTSA report, about 75% of fatalities in rollover accidents were not restrained. In such cases, the safest cars in the world is no assurance of driver or passenger safety.

Health During Pregnancy

By on 7-09-2014 in Civil Suits

Pregnant women are highly encouraged to follow an extremely healthy diet while carrying their baby to term. Developing fetuses are vulnerable to contracting illnesses from the substances that the mother comes into contact with. Avoiding foods, like unpasteurized milks and cheeses that potentially contain harmful bacteria is a prudent choice for pregnant women. These foods can potentially contain listeriosis bacteria which can seriously harm a fetus.

Smoked meats, hot dogs, deli meats, store-made salads, swordfish, white snapper, large amounts of albacore tuna, medicinal herbs, alfalfa sprouts, radishes, and mung beans can potentially carry listeriosis bacteria and high levels of toxic chemicals. In addition to avoiding harmful foods it’s important for mothers to avoid cosmetics with concentrated or high levels of preservatives.

Other substances that prospective mothers should not ingest include common over-the-counter drugs like aspirin, pepto bismol, dimetapp, theraflu, ibuprofen, aleve, nicorette gum, and sudafed. Sometimes these medicines are acceptable for consumption within the first two trimesters, but a doctor should always be consulted before taking them.

The FDA has created a classification system in order to rank medicines as they pose risk to the development of fetuses. Selective serotonin reuptake inhibitors (SSRI) like Prozac, Lexapro, and Zoloft are classified under pregnancy category C, which indicated that though animal testing has revealed some birth deformations, there is not enough evidence to suggest  that it affects humans in the same way.

Drugs classified under pregnancy category X are extremely harmful to the wellbeing of a forming fetus. Some drugs under category X include Restoril, Leflunomide, and Accutane. Restoril is a drug prescribed to people that suffer from insomnia. Patients with arthritis are sometimes prescribed Leflunomide, while Accutane is a popular drug for people affected by cystic acne. If a woman is prescribed any of these drugs, and is capable of becoming pregnant, a they are often encouraged, or even required to take birth control medication in tandem with these prescriptions.

Answering The Tough Questions: Should I Buy a Yacht?

By on 6-27-2014 in Boating

When deciding to buy a yacht, there are a lot of things that need to be considered first. Yachts are an expensive investment, and buying a yacht would definitely cost a great amount of money. For first time yacht- buyers, it is vital to understand certain thing regarding yacht maintenance and other expenses to ensure that what you will be buying will not become an unexpected drain to your monetary resources.

One of the main things you should think about when buying your first-ever yacht is the initial cost you will have to dish out. Make sure that what you are buying will be well within your financial means and capabilities. Many yachts can depreciate in value over the years and this would greatly affect your finances should you choose to liquidate. This is especially important when buying a second-hand yacht, and rather than being an investment, this equity may just turn out simply as a liability.

Another factor to look into is the safety and functionality of the yacht, rather than simply seeking the beauty that the yacht offers. Many ship-builders have started giving in to marketing trends of customized boats and yachts that many of them have simply become unsafe and not well-built for lasting sea-travel. The environment in which yachts are supposed to be, which is the sea or ocean, can be a harsh environment where sea-salt, snow or ice, rain, sunlight, and other elements can deteriorate the yacht. Know that what is important in a yacht is its quality parts and functionality, the glamour and customization can come next.

According to Mikelson Yachts, what many aspiring-yacht owners and even long-time boar owners neglect to think about when purchasing a yacht is the hidden expenses it comes with. Aside from the cost of ownership, maintaining a yacht can be very expensive. It would require repainting every 5-7 years, refitting of the engine parts and other parts is a necessity, updating of interior designs is also important, docking fees should be paid, and even the simple hiring a captain to handle the boat also costs a lot. It is a very costly thing to keep, and could become a financial burden if you are not prepared for it.

Even the rich yacht-owners can be held back by the responsibility of having a yacht. It is important to understand the expense and work that comes with owning a yacht before actually purchasing one.

What to Do after a Car Accident

By on 6-24-2014 in Automobile Accidents, Civil Suits

Being involved in a car accident would bring about a lot of expenses – from medical bills, to missed work, to future treatments, and many others. When you are a victim of someone else’s negligent driving habits then you have the right to file for a personal injury claim against the other driver. When finding for a personal injury lawyer to help you represent your case, you would need to find someone who knows the state laws regarding these types of cases. Because there are certain differences in laws between states, if you are in Oklahoma it would be better to find an Oklahoma auto accident lawyer to ensure that the person you hire will have a strong understanding regarding the laws and defenses related to your personal injury claim.

Because of financial restrictions, many auto accident victims put off filing a case until after they have the money to pay for their lawyers. This is, however, a bad decision, as delaying a personal injury claim can make it difficult to win the case because there is a statute of limitations as well as evidence that can be misplaced or easily questioned. For personal injury claims, it is imperative to immediately seek treatment and file a claim in order to have it gain stronger chances of getting approved. The issue regarding lawyers’ fees can easily be dealt with because most personal injury lawyers work on a “contingency fee”.

Contingency fee works by allowing the lawyer to work for you until you win the case. When you are awarded the compensation, they will be paid in accordance to a pre-agreed percentage of the award. The contingency fee can depend on the state you are in, but generally they range between 25 percent and 40 percent. A shift in your lawyer’s contingency fee can depend on the stage of your case and the amount of money that will be awarded for your case.

Additionally, there are certain fees and expenses that either you or your lawyer is responsible for, such as court fees and other litigation expenses. They can include the witness fees, expenses for retrieval of police and medical records, court reporter fees, and many others. It is highly advised to clear these up with your lawyer, as according to the website of The Seegmiller Law Firm from Long Beach many misunderstandings and issues can come up when you and your lawyer did not have an agreement. If you are having a problem regarding your lawyer’s contingency fee or if you have something that you don’t understand, talk about it with your lawyer so that they can clearly explain it to you.

Car Accidents and Injury Claims

By on 6-23-2014 in Automobile Accidents

Car accidents are among the leading causes of death in the United States. Despite the many warnings, high penalties, and advocacies regarding safe driving, National Highway Traffic Safety Administration (NHTSA) reports that last 2013 an estimated 32,850 people have been fatal victims of car accidents. Despite the requirement for car insurance, many victims still suffer from financial distress after a serious accident. There are many reasons why a personal injury claim is denied by an insurance company. Here are among the most common reasons.

First, despite the severity of the injuries or the accident, a personal injury claim can be denied by an insurance company because they believe that the accident could have easily been avoided. This means that you may have done something that may have caused or led to the accident. Negligent action on your part can render the insurance policy coverage ineffective, and would therefore forfeit you to any compensation or insurance benefits. Instances such as these would often require the help of a Bakersfield personal injury lawyer to clear up issues, especially if you believe you did not do anything wrong and that the insurance company simply refuses to approve your claim.

Another reason for a denied personal injury claim is the possibility that no report or complaint was ever made or given immediately after the accident and injuries occurred. It is necessary to file a report and seek treatment immediately after the accident in order to have it properly documented and to have medical records that would serve are evidence of the accident and expenses that were made. Delaying treatment or report of the accident may weaken your personal injury claim, as it would appear that the injuries are simply made up or just exaggerate in order to acquire benefits or compensation.

On the topic of documentation, there are also times where a personal injury claim is denied because the medical records provided did not indicate the injuries or pain suffered by you. This is why it is important again to immediately seek treatment in order to have proper documentation. Along these lines, having an already-existing physical condition can also make a personal injury claim be denied. The other party may argue that the pre-existing health condition may have been the reason for the injury, rather than the accident, which is why you should find a knowledgeable Bakersfield personal injury layer to help you prove otherwise.

Being denied on personal injury claim can be crippling not only to your health, but also to your financial state as well. When you truly believe that you are innocent and deserve to receive compensation for the accident, consider hiring a personal injury lawyer who understands the laws related to these type of torts and know how to represent your case and protect your rights on court.

Staying Safe as a Trucker

By on 6-20-2014 in Job Safety

Being a commercial truck driver is a mentally and physically challenging job. Although accidents and collisions are not as frequent as those of regular or smaller vehicles, when they do occur they cause devastating injuries or damages and even death. This is the main reason why there are comprehensive training programs for truck drivers. Aside from training, examinations such as mental and physical ability test are done to ensure that the driver is capable of driving the vehicle safely.

One of the top priorities that a trucker should take care of before going out to deliver is (along with the maintenance crew in the trucking company) to do a thorough inspection of the vehicle and cargo. Vehicle inspection should be done before, en route, and after the trip to ensure that everything is safe and in proper working order. A busted tire or broken brakes can lead to road accidents that can easily be prevented by proper maintenance and inspection.

Communication is also a vital part in truckers. They should be able to communicate clearly and effectively to other motorists on the road, as well as to their head office (should the occasion calls for it). Because distraction is among the leading causes of road accidents, it is required to have hands-free devices inside the truck driver’s cab to ensure that their hands are on the wheel and their eyes on the road. Staying alert is vital as a mere second of distraction and indecision can spell disaster.

In an event of an accident wherein the truck driver is not at fault, the medical bills and other expenses will be covered by workers’ compensation. This is an insurance policy that every worker is required to have. In order to have this benefit, you have to make a workers’ compensation claim. Although there are differences among states on the provisions and laws regarding worker’s compensation, the provision are often given in a weekly payment instead of wages, payment for economic loss, compensation for medical bills, and other applicable matters.

The Role of Insurance

By on 6-16-2014 in Automobile Accidents, Insurance Issues

Car insurance is a must, particularly in certain state that view it less than a liability and more of a requirement. Although many view car insurance as more of a pain than a benefit because of high premiums, car insurance can potentially save your life and financial state as well. Here are some reasons why having good car insurance coverage can protect you and your family.

In an event of an accident, having car insurance can protect you from personal burden and financial debt. Besides being a legal requirement, a car accident that is caused by your own negligence or fault could make you liable for medical bills and property damage done to the victims. On the other hand, when you are the one who is the victim and the other driver does not have insurance, you will have something to fall back on without having to be worrying on medical debts. Aside from medical and property payments, certain car insurance coverage can also pay for the repair or replacement of your vehicle.  In these events car insurance are proven to be vital.

Car accidents are a very common occurrence in the United States, and every year more or less 6 million of these accidents happen on American roads. Car insurance is part of life in the United States, and when disaster occurs, all the driver has to do to acquire insurance help is to file a claim from their insurance company. Insurance companies are generally subject to a contract to act in good faith – arising from the contract made between the insurance company and the client (driver) – and is further supported and strengthened by laws specifically related to the insurance policy contract. There are instances, however, where insurance companies fail to uphold their duty, and often this result to insurance bad faith.

Once this occurs, it is important to seek help from a professional who knows the laws applicable in your state, and other cases in order to know how to have a successful claim against the insurance company who done the insurance bad faith. If you are around the Texas area, finding a Dallas insurance bad faith lawyer would be the most beneficial way to make sure you get what compensation you really deserve. It is difficult to move forward after a serious car accident if your insurance company refuses to provide your coverage.