Disability Claim Lawyer: Circumstances Surrounding the Case

The disability claim lawyer will receive payment if he is successful in helping you with your case. This is actually one of the reasons why a lot of solicitors decline to represent you, especially if they know right from the very start that there is a little chance of winning. Before the attorney will accept the case, he will first assess your case and once he finds out that your case is weak, then he will not accept it.

How to determine if the case is weak?

  • There is insufficient medical evidencedisabling injury victims
  • Inconsistency in medical treatment
  • If the person is 45 years old and below
  • If the medical provider fails to give supportive statement
  • If the person is not eligible for SSDI and/or SSI
  • If the solicitor feels that the claimant is not trustworthy or not that credible
  • If there is inconsistency in the statement of the claimant
  • If the solicitor finds out that the claimant is only pretending that he is injured
  • If the person is alcoholic or using illicit drug; however, the case can still push through provided the claimant submits himself to immediate treatment
  • If the person has unrealistic expectation of the case

 

What can possibly go wrong when filing for social disability entitlement?

For your impairment request to push through, you should first submit your impairment entitlement application. When filing an application, you have this positive notion in mind that your application will be approved. However, you have to be aware that a number of things can happen along the way. Depending on the surrounding circumstances, there is a possibility that your application will be denied or the approval of the application will be delayed. The good news is that there are a lot of things you can do to increase your chance of getting approved and one of which is knowing exactly what will possibly go wrong and how will it affect your application.

Below are some of the downfalls you need to avoid

  • Inadequate information- before submitting your application for impairment request, you should first make sure you are going to provide all pertinent information (documents) to the SSA. You should pay particular attention to your medical records because they can significantly affect the approval or rejection of your entitlement. Basically, your medical records should contain details of your existing impairment, how will it affect your activities of daily living as well as your ability to work. If you will not be able to provide documentation containing this information, then there is a high possibility that your application will be denied. So, prior to submitting your application, you have to make sure you are going to discuss with your medical provider your condition and see to it that the doctor perfectly understands your desire for impairment entitlement. Your physician can do a lot of things to help you qualify for impairment request.
  • Reapplying versus re-appealing- the initial application is usually denied. So, don’t be upset if your application is denied for the first time because it happens most of the time. So, what you should do is to re-appeal as it will increase your chance of getting approved. If you reapply, then there is a tendency that your application will be denied again. According to statistics, about 30% of the impairment applications are approved upon initial application. The rests are awarded after the application or case is being heard in court. During the impairment appeal, it would help you a lot if you are going to hire the service of a highly competent disability entitlement solicitor.

    disability claim lawyer

    Disability claim lawyers, through their expertise, can make your claim as strong as it can be

  • Failure to create an open line of communication with the solicitor – You have to keep in mind that the primary goal of the solicitor is to help you win your case. The solicitor will not collect any payment from you not unless you will be awarded the benefits. However, you have to keep in mind that in order for the solicitor to help you, you have to also do your part. You and the attorney work hand in hand so that the best interest of your case will be taken care of. So, you have to see to it that you maintain a healthy communication with your impairment solicitor. You should be there to provide all pertinent information about the case. The attorney will also give you sound advice as to what and how to answer during impairment hearing.
  • Dishonesty- you have to keep in mind that honesty is very important when it comes to applying for impairment entitlement. You and your lawyer should work hand in hand. It wouldn’t help you in any way if you are going to be dishonest to your lawyer; more so if you lie to the administrative law judge. If the jury finds out that you are lying, then it would lead to denial. So, to save yourself from trouble, you should be honest and truthful at all times.

You might think that applying for impairment entitlement is a tedious process, but in reality the process is very simple and straightforward. You just need to keep in mind the information mentioned above so that you will not experience any problems. If the initial application is denied, you shouldn’t immediately lose hope. It does happen most of the time and you are not the only one who experienced it. Instead of losing hope, the best thing you can do is to hire the service of a solicitor that specializes in disability entitlement. There are always possibilities that something can go wrong during your application and so the best thing you can do is to get in touch with a highly credible attorney.

There are so many lawyers out there and so it is important for you to come up with the best possible choice. Hire the service of a disability claim lawyer who has been in the business for a significant period of time, especially the one who has handled various types of impairment entitlement cases.

 

 

Spinal Cord Injury Lawyer – What Their Work Is All About

Before we dwell into the details, it is necessary that we define just what spinal cord injury (SCI) is. This is defined as any form of damage to the spinal cord which could result to loss of mobility and other bodily functions.

According to many a spinal cord injury lawyer, the most common cause of SCI are automobile accidents. Next to it are falls and sports accidents. Although most of the SCI incidents are because of voluntary actions, there are still incidents when they are caused by the negligence of a third party. spinal cord injury lawWhen this type of SCI happens, it gives the victim the right to file for a lawsuit. That way, you can have monetary compensation for the damage that was done to you.

An SCI (visit http://iamhurt.ca/spinal-cord-injuries/ for in-depth information on this) can either be complete or incomplete. Complete SCI means there is absolutely no sensation or voluntary movement left in the affected areas of the body. Incomplete SCI means that there is still a little feeling or sensation left in the affected area.

Symptoms and Challenges of SCI

This usually involves swelling of the spine, which consequently affects the whole body. When the swelling decreases, the functions of the body may come back. However, this could take months or years to come back and regaining full capacity of the body happens very rarely. The treatment for SCI involves the stabilization of the broken vertebrae and preventing movement in the area that is affected, and reducing the swelling. There is still no definite cure for SCI.

Legal Basis of Claims

In order for someone to file a lawsuit, the following thing(s) should be present:

Spinal cord injuries must be caused by negligence: most of these lawsuits are based on the theory of negligence. You have to prove that the person or company that caused the damage was negligent in performing their duties that lead to the incident. For instance, a driver should not be drunk when behind wheels. If ever they decide to drive while drunk, they are being negligent of their actions and caused harm on another person.

Spinal cord injuries must be caused by defective products: if the injury was caused by a faulty product like a faulty car engine or faulty seatbelt, then you can as well file for a lawsuit since the company or manufacturer were not able to perform their duties in ensuring that their products are safe for use.

 

What Can a Wrongful Death Lawyer Do for You?

When an incident resulted to the demise of the victim, and if the incident was caused by another person or a product produced by a certain company, then the family of the victim or other survivors of the incident can file for a wrongful death claim with the help of a wrongful death lawyer. This lawsuit will fight for compensation for the loss of a loved one, not just for the emotional pain it has caused, but also by the fact that the now dead person can no longer provide for the people left alive, like his or her wage. loss of lifeWinning the lawsuit will account for the funeral expenses and other monetary needs that have to be faced because of the incident.

Basically, when someone dies due to the legal fault of another individual, there is a right for a lawsuit. While this law differs from place to place, it is known that each place has a type of law that is being practiced.

Some of the incidents that involve this kind of lawsuit are automobile accidents, medical malpractice, and product liability. This lawsuit can be filed to a person, a company, and even to a government agency, that is deemed at fault for either intentionally committing the act or for their negligence or failure to act.

Who Can Sue?

Representatives of the victim, or representative of the survivors or family of the victim, can be legally authorized to the wrongful death claim. Families or survivors are often termed or called as “real parties in interest” and they can be categorized under this if they are:

  1. Immediate family members
  • This includes the spouses and children (adopted included), and for cases where the victim is unmarried, his/her parents
  1. Life partners/ financial dependents/acknowledged spouses
  • The domestic partner of the victim who are basically their financial dependents, can have the right to file
  1. Distant family members
  • This includes the brothers or sisters of the deceased, as well as the grandparents, and all other blood-related people who are in custody or care of the victim or are the only immediate family available
  1. All persons who will financially suffer from the loss
  • While this may not be true for all countries, there are places that do allow people who will be financially burdened by the loss, to file a lawsuit, even when they are not related in blood or in marriage, as long as they have been given financial support by the victim and that the loss will also impede in their financial state, they could file and hopefully get enough compensation to appease for their needs

Who Should Be Sued?

The person or company deemed to be at fault, can be sued. It is necessary to understand what happened during the time of the accident. Here, the police reports can be very useful for the lawyers that would handle the case. wrongful death suitThe reports can help determine to what extent the person or companies knew about the danger that their intentions or negligence could cause. If the incident was intentional, it would be fairly easy to pin them and have them pay the necessary compensations since there will be no questioning their intentions. However, if the act is due to negligence, a longer process might be in place. However, as long as your lawyer gets adequate facts and data to support the claim, then the lawsuit will eventually come to benefit the survivors and the family of the victim.

Depending on the nature of the incident, there are numerous possibilities of who or what company can be sued. For instance, if the unfortunate circumstance was caused by a road accident involving a faulty roadway with a drunk driver, then, both the drunk driver and the people behind the construction of the roadway, can be sued. If it was found out that there was also a fault in the engine of the car, then the company that produced that car could also be sued as well, even if the victim is in no way in connection to the car company.

There will be cases when people or companies have immunities against wrongful death claims. This is the reason why expert lawyers in the field should be hired in order not to get fooled by the people responsible for the loss of a loved one.

(Learn more about wrongful death and other related matter by visiting our Facebook page.)

 

When Do You Call A Medical Malpractice Lawyer?

Some people have the wrong notion that when you get insufficient care and attention when you are in a hospital or any other facility, you can already sue the practitioners for medical malpractice injury. According to many a medical malpractice lawyer, like any form of lawsuit, one cannot simply file for complaints without the necessary factors that can determine whether or not you have a good reason to file for a lawsuit.

In the case of malpractice, there are two factors that should be present in order for someone to call an attorney. These two factors are:

A practitioner made a mistake. This pertains to any professional such as a doctor, a nurse or a technician, that made a mistake upon his or her transaction with you and your condition.medical malpractice In some cases, this could also mean the lack of appropriate action or negligence that is still a form of mistake on the part of the professional.

The mistake or negligence caused harm upon the patient. If the action of a practitioner caused any form of harm to you, as the patient, then there is probable cause for a  malpractice lawsuit.

As simple as these necessary factors may sound, it is not at all easy to pinpoint these things, making it take too long to define and settle in the court.

Negligence

One of the most interesting things about this issue is the idea of   negligence. As stated, this idea refers to the inaction or omission of a   professional to do a certain obligation that has caused harm on you as the patient or person involved. This usually means a mistake in diagnosis due to lack of proper lab test, or not giving the right   assessment or treatment because of negligence to perform his or her duties in the right manner.

This can be easily identified by evaluating the actions of the   practitioner through the standards of care that you in your condition should be given. There are standards set for every   issue that each and every doctor, nurse, and other   personnel should be aware of. If they are not able to adhere to the said standards, then they are liable for   negligence, especially if their actions caused you graver health problems or injuries.

If you find yourself in a position in these types of situation, learn to assess if you are a victim of medical malpractice injury and immediately call for experts to help.

 

Catastrophic Injury Lawyer – Nature of Job

Before anything else, it is important to define what exactly catastrophic injury entails. According to many a catastrophic injury lawyer, it refers to any harm obtained that as a result or consequence has caused the individual or the victim to lose his capability to perform work. This usually happens without warning and has resulted to the suffering of a person from being permanently disabled or incapable of performing any profitable tasks for the rest of his or her life. The effects of this kind of damage are long-term on the victim. It puts a serious problem on the victim and the family of the victim since it has caused them to need supervision and assistance for their loved one, while they are impaired of financial stability because of the loss of the victim’s capability to work.

There are a number of circumstances that could result to these types of injuries.catastrophic injury If it has a huge impact on the lives of the people that experience the incident, and the impact is paralyzing in all aspects. Basically, the central nervous system of the victim is the area that was ruined by the impact, which can usually be attributed to spinal cord or burn injuries. As a result, it affects other areas of the body causing the incapacity to function normally. Some of the most common of these are:

  • Foot injury
  • Back injury
  • Neck injury
  • Organ damage
  • Spinal and neurological disorders
  • Brain injury
  • Bone fracture
  • Head trauma
  • Accidental amputation
  • Eye injury
  • Shoulder injury
  • Severe burns

If you have fallen victim to this kind of terrible incident, then you should consider hiring an attorney that is an expert in this field. There are a lot of laws that is why attorneys have considered having a speciality when it comes to this field.

You can file for a lawsuit in this area if you have been a victim of negligent or intentional injuries, committed by another individual, or even by a defective product. Filing for this lawsuit if you fell victim to such cases will be essential in helping you live your life given that the accident has caused you your capability to work. How much your attorney can settle your case with will determine the quality of life you will be living in, as supported by the settlement, which should include your medical care and other support that you may need. With cases like catastrophic injury, determining the value of your claim is very important in gaining a settlement that will resolve the damages done to you and support you for your remaining years.

 

Let Your Case Be Handled by Top Personal Injury Lawyers

A personal injury law safeguards the well-being of a person who sustained injuries because of someone else’s fault. When pursuing the claims, you will need the service of top personal injury lawyers.

What are categorized as personal injuries? (see http://gnaf.ca/gaining-rightful-compensation/ for more info)

  • Vehicular-related accidents (including car, boating, truck, motorcycle, plane)
  • Injuries that take place in the workplace
  • Railroad related accidents
  • Medical negligence/medical malpractice

    top personal injury lawyers

    Many of the best lawyers offer their services at very reasonable rates. Because of this, you have no reason not to get help from them.

  • Injuries sustained from slip and fall
  • Abuse in the medical facility, especially in the nursing home
  • Use of defective products and services resulting to injuries
  • Brain damage
  • Spinal cord trauma
  • Wrongful death
  • Sexual abuse
  • And many more

What should be covered in the compensation?

  1. Payment for medical expenses both for temporary and permanent disability
  2. Inability to go to work, which leads to loss of income as well as loss of potential income
  3. Payment for the pain and suffering
  4. Other expenses related to injuries

In other words, a personal injury pertains to injuries (physical and mental) that occur because of the fault of somebody else whether it is a negligent, intentional, or strict liability.

  • Negligence- This simple means that someone failed to observe utmost care.
  • Intentional harm-You have been injured because someone else has planned for it. Examples of intentional harm are battery and assault.
  • Strict liability-It pertains to the use of defective products and/or services that leads to injury. Somebody should be held responsible (can be a person, company, organization)

These cases fall under the tort category. What does it mean? Well, it simply means that the case is civil and not a criminal one. There are so many types of injuries, but the most common ones occur because of negligence. You can actually file a claim provided you have a strong case and a highly reputable lawyer can help you with this.

There are necessary steps that should be done to prove for negligence and these are:

  • Duty of care- To avoid injuries, the person responsible for the accident should do his best to act in a prudent way.
  • Breach of duty-The person responsible for the accident has directly or indirectly exposed you to substantial risk.
  • Direct cause-The exact action or failure to take action leads to injury.
  • Harm- The victim has suffered monetary loss as a result of negligence of others.

Why should you work with the best solicitor?

If you decide to consult a lawyer, you will have a fair chance of getting rightful and just compensation. You have to keep in mind that the tort law is not the same in all places. It varies from one place to another. So, you have to find a solicitor that is in the jurisdiction of the accident. That way, you will be confident knowing that you are represented by someone who knows the ins and outs of the law.

The primary role of the solicitor is to legally represent the victim (someone who is injured either physically or psychologically) because of someone else’s fault. The blame can be put to a person, a group, a company, or even a government agency. The processes involved in filing claims can be very confusing for the layperson. Hence, it is a must to find a lawyer who can make things easier for you. If you are represented by a highly knowledgeable, skillful, and experienced lawyer, you will be confident knowing that your rights are being protected. So, you can focus more on your recovery.

What are the responsibilities of the solicitors?

  • The solicitor should be the one to file legal complaints
  • He has the ability to argue cases in the court of law
  • He can draft legal documents
  • He can offer advice and necessary solutions to the victim
  • He should also conduct a thorough research about the circumstances surrounding the case
  • He will further interview the victim as well as the people who have witnessed the accident
  • He will further evaluate the legal implications in order to come up with a strong case
  • He will do the best he can to bring justice and to come up with the best settlement amount
  • If the case is not settled outside the court, then he can bring it to trial.

What are the qualities of a good attorney?

A solicitor should be knowledgeable

He should have in-depth knowledge of the law, especially the laws concerning this types of cases. You have to ask questions about the case and the lawyer should be able to answer your questions in a professionally detailed manner.

Accessibility

It is important for you to easily contact the attorney, especially in times you needed the most. If you are severely injured, then a lawyer should be more than willing to go to your location to discuss details of the case. He will make sure that he is there for you just when you need him the most.injury law clients

You should choose a highly experienced lawyer

Just because the attorney has been in the business for many years doesn’t necessarily mean that he is highly experienced in handling the cases. More than the years in the business, you should consider the number of such cases handled by the lawyer, especially the winning cases. You should also check if the lawyer has handled similar cases as yours before.

A sense of sensitivity

A victim can be very fragile because of the injuries sustained. Hence, you have to select a solicitor who knows and understands your situation. That way, he will not only sympathize on your condition, but empathize too.

Tenacity

Choose a lawyer who is willing to do everything just to advance your case. You have to keep in mind that there are lawyers out there who are laid back and will just wait for the processes to advance on their own. You should avoid these lawyers. A good lawyer will not waste time. He will make sure that your case will push through so that you will be compensated in a timely manner. These types of cases are very complex and so you have to make sure you are represented by the top personal injury lawyers.

 

 

 

How to Pick a Personal Injury Lawyer: The Necessary Steps to Follow

When it comes to choosing a solicitor, there are so many factors that should be taken into consideration. There are so many solicitors out there and so it is important to know the effective ways on how to pick a personal injury lawyer.

How do you go about choosing the best attorney?

Credibility, reputation, and track record

personal injury expertYou have to make sure that you are working with the best attorney and one way of doing so is by checking the track record, credibility, and reputation of the attorney. Choose a solicitor who is more than willing to listen to your story and will give you realistic expectation based on the circumstances surrounding your case. As much as possible, you should avoid solicitors with too good to be true advertisements. Even the best solicitor will find it really difficult to predict the outcome of the case.

Local bar association

The best solicitor can be found by checking the listing of the local bar association. This organization has a list of highly credible solicitors and so they can recommend one for you. You can contact the local bar association through phone or you can simply visit their office.

Lawyer’s fee

If you don’t have the financial resources to pay for solicitor’s service, then the best thing to do is to conduct a thorough research to find out if there are free legal aid clinics in your place. They have lawyers offering free service provided the solicitor will assess your case and finds out that the case is justified. Most injury solicitors today work on a contingency fee basis or so-called “no-win-no-fee” policy. They will not collect any upfront fee. They will only collect payment once they are successful in helping you with your claim.

Rapport

You surely don’t want to work with a solicitor whom you are uncomfortable with. So, you should find a solicitor that makes you feel at ease and comfortable. He/she should listen to your case, will take note all necessary details of the case, and will come up with alternative solutions to your case when deemed necessary.

Local firm versus big firm

If you are going to search online, you will find small local firms and big firms. Both works well to bring justice to your case, but you also have to keep in mind that big firms handle so many cases. There is a tendency that your case will be overlooked. On the other hand, local firms exert more effort and take more time to get to know you better, especially the circumstances surrounding your case. Local and big firms take into account your well-being; so the choice would be more on who makes you feel at ease and comfortable.

Initial consultation

The solicitors offer initial consultation for free, which usually lasts for about 30 minutes or so. You have to make sure that it really is free initial consultation regardless if it goes beyond 30 minutes. To avoid unexpected bill, you should clarify the payment ahead of time.

How the attorney handles your case?

You will be able to find out the manner the attorney will most likely handle your case during the initial meeting and conversation. Usually, right after meeting the lawyer, you will feel at ease and enlighten of your case. However, if you feel like you are more confuse after meeting the attorney, then it is an indicator that the attorney might have all the educational background, knowledge, and technical skills, but is not that good when communicating with people. You should work with an attorney who can give you a clear picture of your case.

The manner of resolving the case

You should find an attorney who has the ability to help you resolve your case in a quick, fair, and effective way. It would help a lot if you are going to ask the attorney about his experience in handling cases similar as yours. If you found out that the attorney isn’t that experienced enough in handling cases like yours, then it is an indicator that you move on to the next lawyer. There is nothing to lose if you are going to trust your instinct.

Payment schemes

A lot of people would want to pursue their personal injury claim, but they are having second thought when it comes to payment. You are filing a personal injury claim because you want to be compensated for the injuries you sustained after the accident. You surely don’t want to face other expenses. So, when it comes to hiring a solicitor who will help you with your claim, it is very important for you to ask the necessary questions.  A lot of solicitors today know the financial implications of sustaining injuries. They don’t want to aggravate the stress and injuries you are enduring at the moment. Hence, they offer a “no-win-no-fee” policy. What does it mean? Well, they will not collect any upfront fee; not even a single cent. They will only collect payment after the case is solved provided they are successful in helping you with your claim. They will take like 20% to 25% of the total settlement amount.

It is better to have more options

When selecting a solicitor, you shouldn’t choose the first one you meet. It would be very beneficial on your end if you are going to consult at least three solicitors, meet them one by one, ask all pertinent questions and carefully observe how each one of them handles your case. Your instinct can help you a lot. You have to keep in mind that a personal injury claim can last for more than a year and so you should choose an attorney who will take care of your personal well-being; the one who ensures you will receive fair and just compensation.

Finding the best solicitor can be an overwhelming process and so it is very important for you to know beforehand how to pick a personal injury lawyer

 

 

 

Personal Injury Claim – Increasing Your Chance of Getting Approved

Accident happens all around. It can take place down the road, at work, or even at home. Most of the time, accidents take place because of someone else’s fault. If you are the victim, then you have all rights to file for personal injury claim. However, you need to be aware that the law concerning this case is a complex one and if you deal with the process all alone, then you will surely get tired of the process. To make the process easier and simpler, all you need to do is to get in contact with a personal trauma lawyer.

What exactly is personal trauma?

It is a term used to describe the injuries sustained from accident. It also encompasses the injuries and illnesses sustained because of a medical malpractice or medical negligence.

personal injury claim

A personal injury lawyer will have the necessary knowledge to make your claim as strong as it can be

An entitlement can be made if you sustained injuries because of someone else’s fault.

Why should you apply for trauma entitlement?

  • To compensate for the pain and suffering brought by the trauma
  • To seek justice
  • To bring about change so that the accident will not happen again in the future

To ensure successful trauma claim, you should take into account the following:

  • It is important to put everything in writing- You will have a winning edge if you are going to document everything because you can use it as a solid proof when filing a request. If you don’t have proper documentation, then the other party will question your injuries. So, what are included in the documentation?
    • Medical report/physician’s report
    • Statement of the witness/witnesses
    • All phone calls made (date/time)
    • Emails
    • Among many others
  • You should immediately consult your doctor- Right after the accident; you should immediately call out for medical help. Some people disregard their injuries, especially if it is just minor injuries. However, you should be aware that there are injuries that are not immediately obvious. It would take some time for them to show up. Hence, it is important to go to the hospital after the accident so that the nature and extent of the trauma will be ruled out. Why should you further consult your doctor?
    • Prevent secondary injuries- You should immediately consult your doctor so that the injuries sustained will not be further aggravated. A simple fracture would lead to breakage if proper medical attention is not given.
    • Assessment of the nature and extent of the trauma-The doctor will use his knowledge and expertise to come up with a legitimate assessment of the trauma. It is very important to determine the actual trauma as it can directly affect your request.
  • Contact the solicitor- right after the accident, the person responsible for the trauma will immediately offer settlement, but you need to keep in mind that most of the time the settlement offered to you is just a small percentage of the actual injuries. To make sure you will receive fair and just settlement, you should make sure you hire the service of the best attorney. The lawyer will do the best he can for you to get the right settlement amount.
  • Do not give redundant information- When giving information; you have to make sure that you will give relevant info. Never exaggerate because doing so can greatly affect the merit of the case.
  • You shouldn’t underestimate the other party- When dealing with the at fault party, you have to keep in mind that you are not only dealing with that person, but as well as his/her insurer. So, you should be very careful when dealing with the other party. Do not give statement without the presence of a trauma request specialist.
  • Be honest- You should be truthful when giving details of the accident. Never lie! Even if you sustained injuries, your request will still be rejected once you are caught lying. So, it is best to have a lawyer working with you so that you will know what exactly to say and what shouldn’t.
  • Income tax return record- It would help a lot if you are going to keep a record of your ITR. You can use it when making accident requests, especially if the injuries sustained prevent you from reporting to work.
  • Be cooperative- As a claimant, you should be cooperative, especially when dealing with request management company. Failure to do so would significant affect the amount of compensation you will receive. As a matter of fact, there is a tendency that you will be asked to pay the request management company because of not cooperating throughout the process.

Who are allowed to file a case?

If you get involved in an accident that has resulted to physical and or emotional damage, then you are entitled to file a request. However, you have to do your best to prove that the trauma you sustained is because of someone else’s fault. Examples of personal injuries are the following:

  1. Trauma sustained while at work
  2. Work-related stress that resulted to psychological illness
  3. Use of faulty products or service that resulted to trauma
  4. Trauma sustained because of medical malpractice/negligence
  5. Trauma as a result of racial discriminationcivil court

When is the right time to file your request?

Right after the accident and you noticed that you sustain injuries, then you should immediately file your request. You should contact a lawyer to help you with the process. Not acting right away would lead to compromising the value of your case. You have to keep in mind that there is a time limit when filing a request, which is usually three years, but may vary depending on the location.

Filing for trauma request can be done on your own, but you should be aware that the process can be a daunting one, especially if you don’t know the necessary steps to take to get your request approved. So, you should do yourself a favor and contact the best solicitor that specializes in personal injury claim.

 

 

 

When is the Best Time to Ask for Help of a Pedestrian Accident Lawyer?

Accidents, especially the ones involving car can be very unpredictable. They happen the moment you least expect it to happen even though how careful you are. What really is a pedestrian tragedy? It is a type of tragedy that involves any types of vehicle and a walker. A pedestrian is a person travelling by foot. In busy cities, walkers are susceptible to incident. If a pedestrian accident takes place, which causes you to sustaining injuries, then you have the right to be compensated. Hence, you should immediately contact a pedestrian accident lawyer. (visit this website for more relevant information)

What are the common causes of the accidents?

  • Speeding- In big cities, speeding is the primary cause of pedestrian-related tragedies. Over speeding puts the walkers at risk. It could lead to severe injury or even the possibility of death.pedestrian
  • Ignoring traffic signs-In busy cities; drivers are always on the rush; to the point that they will even ignore traffic signs thereby leading to fatal walkers accidents.
  • Not paying attention to the surroundings-in the busy city streets, there are instances when the drivers will miss out important details such as children crossing down the street or an elderly slowly passing by. This often leads to devastating incidents.

If you or somebody you know has been a victim of such type of tragedy, then you should be aware that you are actually entitled for compensation. You also have the rights to take legal action. A financial compensation is needed in order to cater for necessary expenses brought by the incident such as loss of income, pain and suffering, hospitalization and medical bills, and so on.

Types of injuries sustained by walkers

  • Mild bruises and scrapes
  • Fractured/broken bones
  • Severe injuries affecting the head, brain, which leads to temporary or even permanent coma
  • Injuries affecting the spine, which leads to temporary or permanent paralysis
  • Injuries affecting the internal organ, which leads to internal bleeding
  • Amputation
  • Death

The effect of injuries

Injuries whether minor or severe have repercussions; most of the time it would lead to loss of money (visit GNAF for more info on this subject). The effect of injuries will not only be felt by the patient, but as well as the immediate family. You and the family will have to endure the expensive medical bills, the inability of the victim to go back to work, which will also affect the income, pain and suffering, inability to enjoy life to the fullest, and the likes. As you can see, the injuries sustained can affect your life in many ways. Hence, you should contact a lawyer who will help you with your case. You can always sue the person responsible for the incident.

Who’s to blame?

Depending on the circumstances surrounding the incident, anybody can be blamed including:

  • The person driving the vehicle
  • Can also be a person, agency, or organization responsible for incident that happens along the side walk or road way
  • Or can be the walkers too

If you are the injured walkers, you have all the rights to file compensation so that you will be able to recover the damages for hospitalization, medical bills, emotional trauma, pain and suffering, damage to property, loss of wages, loss of income opportunity, inability to live life to the fullest, and so on. For you to qualify for compensation, you should provide proof that there really is a negligence committed by the other person.

Duty of care of drivers

The driver should be very cautious when driving down the road. The rules and regulations for safety driving should be strictly followed including looking out for walkers. There are certain parts of the road where drivers need to be very extra careful at such as in the proximity of the school, hospital, and the likes. The duty of care shouldn’t only be observed by the drivers, but as well as by the parking lot and sidewalk owners. They should make sure that their premises are in safe condition thereby preventing the incidents. For a legal claim to push through the walkers should make sure that the driver or perhaps the property owner failed to follow the duty of care. There are actions leading to violation of duty of care like:

  • Driving recklessly
  • Leaving the parking lot and sidewalk impassable
  • Running even if the traffic light turns red

Types of compensation to be filed

A lot of people are unaware of the fact that they are actually entitled for compensation for the damages brought by the incident. There are various types of damages that can be compensated by the walkers and these are the following:

  • Economic/financial damages- This covers the financial loss brought by the incident such as high cost of hospitalization, medical bills, inability to go back to work thereby leading to lost wages.
  • Noneconomic damages- This covers for nonfinancial loss including pain and suffering, physical disfigurement, and the inability to enjoy life to the fullest.
  • Punitive damages- This is filed whenever there is a proven malicious negligent and the primary reason for punitive damages is to punish the person responsible for the incident.

What can you possibly do to protect your claim?

Most of the time, the insurance company will not agree with your claim even if it is very obvious that the injury sustained is because of someone else’s fault. To safeguard your claim, you should strictly follow these steps:pedestrian accident lawyer

  • Right after the incident, you should immediately call the police and ask for a police report.
  • If there are people who witnessed the incident, then you should immediately get the name as well as the contact details of the witness.
  • Do not give your statement to anyone not unless your lawyer is there.
  • Do not sign any settlement agreement without consulting your lawyer.

To give you an edge, you have to make sure you are going to consult the best solicitor that specializes in pedestrian related incident. Your choice is very important because it can greatly affect the value of your case.  Hire the service of a pedestrian accident lawyer with proven track record; who has vast experience handling different types of walkers’ related accidents.