Personal Injury Lawyer

If you are filing a civil claim against another party for personal injury, you may have to pay punitive damages. When you file a lawsuit, there are compensatory damages and punitive damages. While compensatory damages are tangible damages, punitive damages are a little more difficult to understand. When it comes to a punitive award, most plaintiffs have a couple questions regarding the award.

Do You Deserve Punitive Damages?

To receive punitive damages, the actions of the defendant had to be egregious. For instance, say that a company sells you supplements and claims that they are safe but then you became extremely ill due to it. You may be able to file a lawsuit against the company for lost wages and your medical expenses. If it turns out that an ingredient reacted poorly with your medication, you could make the claim that the company should have had a warning. In this case, a jury may decide that the company not only owes you compensation for damages but should also pay punitive damages.

While personal injury lawsuits already have to involve some level of negligence, negligence does not necessarily mean that the action was egregious. Often, punitive damages are supposed to deter the person and others from behaving in a similar way. Not all cases are awarded punitive damages. Often, juries will award punitive damages when the actions were malicious.

Is There a Limit on Punitive Damages?

In some states, there is a cap on punitive damages. An example of a cap would be that you cannot receive punitive damages that are worth more than your compensatory damages. While some states may not have a cap, there still may be guidelines. Normally, the punitive damages have to be reasonable in comparison to the compensatory damages. These caps and laws may change constantly, however. It is important to discuss the caps with a personal injury lawyer.

When you file a personal injury lawsuit, your main priority is normally to receive compensatory damages. This award is there to pay for your medical bills, lost wages and any other costs that you suffered due to your injury or illness. In some instances, however, a person may act particularly egregious or the person may have acted out of malice. In these cases, you may be able to receive punitive damages. To find out if you have a case, contact a personal injury lawyer, like the office of The Law Firm of Frederick J. Brynn, P.C.

Personal Injury Lawyer

Just like drivers, pedestrians must follow traffic rules such as stop lights and walk signals. The purpose of these laws is to establish order and protect the safety of pedestrians and drivers alike. If pedestrians do not abide by the laws of the road, they may be fined by law enforcement or even worse, injured by a driver. Florida Statute 316.130 sets forth the rules that pedestrians must follow. This includes the guidelines for where pedestrians are allowed to walk and when they can walk. It also includes laws for motor vehicle drivers when it comes to watching out for pedestrians.  

Pedestrian Laws

All traffic signals, such as signs, crosswalks, pavement markings, and signals, must be followed by pedestrians unless instructed otherwise by a traffic official or police officer. Failure to adhere to these directions can result in a ticket and put the pedestrian in danger. These laws include guidelines for a variety of different circumstances:

• Traffic signals: Pedestrians must adhere to traffic signals. This includes walk signals, traffic signs, and all other traffic control devices. If there is a police officer present, pedestrians must follow their instructions and commands.
• Sidewalks: Pedestrians are not allowed to walk in the roadway if there is a sidewalk available. There are certain exceptions that allow pedestrians to use the road such as emergency situations or when the sidewalk is obstructed with construction or a barrier. In situations where there is no sidewalk, pedestrians are required to walk on the left side of the road facing oncoming traffic.
• Crosswalks: Pedestrians must use crosswalks when provided. When using a crosswalk, pedestrians must stay to the right half of the markings. It is illegal to cross through intersections diagonally unless specifically instructed otherwise by traffic control devices. If a pedestrian is crossing a road not marked by a crosswalk, the pedestrian must yield to the right of way of vehicles on the roadway. This includes crossing roadways where there is an available pedestrian tunnel or overhead crossing. If the pedestrian has a walk signal, drivers of vehicles are required to stop for the pedestrians until the walk signal is off. If there is a crosswalk without traffic control signals or signs, drivers must yield to pedestrians when they are using the crosswalk. If the driver is already in the crosswalk, then the pedestrian must wait to use the crosswalk until the path is clear and the driver already in the crosswalk has the right of way. However, if there is a pedestrian tunnel or overhead crosswalk available, pedestrians must use these crosswalks and drivers have the right of way on the road.

There are also other laws for pedestrians including rules for bridges, railroads, and highways.

• Bridges: Jumping or diving off publicly owned bridges is illegal.
• Railroads: When the gate or barrier for a railroad track is closed or is being opened or closed, pedestrians are not allowed to pass through or around the gate. All pedestrians, just like drivers, must wait for the gate or barrier to be opened before passing over the railroad tracks.
• Highways: Pedestrians are not allowed to walk on interstates, freeways, or any other highways. This also includes ramps that connect roads to highways.
• Roadways: It is illegal for pedestrians to stand in roadways. This includes soliciting, guarding parked vehicles, and guiding vehicles that are about to park.

Florida law 316.130 also contains the general statement that vehicle drivers must use due care and caution at all times in order to protect pedestrians and avoid collisions.

If you are a pedestrian or a driver involved in a motor vehicle accident, an experienced lawyer can help ensure you receive the protection and compensation you deserve. Contact a lawyer, like a pedestrian accident lawyer from Jeff Murphy Law, for more information today. 

Personal Injury Lawyer

Lawyers genuinely care about those they serve and are often stressed and overwhelmed because they want to do everything possible to help their clients. Clients are often unaware of circumstances which cause problems in the law office work environment. The following several situations can create stressful events for lawyers and clients alike. 

Issue #1: Taking on too Much

Lawyers want to help and it’s too easy to say “yes” to clients as they tell themselves that it is no problem to put in a few extra hours on top of the extra they are already working. This is typically when time management troubles begin. Human beings are not built like machines and at some point, adrenaline can drop and the body and brain are unable to keep up. The return on the time invested then diminishes with each minute a lawyer takes on more than they can handle. It is not healthy and productive for the lawyer or for the client. 

Saying “no” to a client doesn’t mean for an eternity. It simply means a lawyer may not be able to take on a new client for several weeks or may mean delegating the task to another associate. Prioritizing and communicating with clients and co-workers and associates are key to a lawyer’s ability to manage their workload. 

Issue #2: Allowing Constant Interruptions

It is crucial in an attorney’s workday to block or set aside one or two hours daily of uninterrupted work time that is scheduled, written in the calendar, and known to the office staff. This uninterrupted work time also includes all phone calls and walk by knocks on the office door. Standing firm on this rule and having healthy boundaries with the work schedule allows lawyers time to think through strategic timing and planning of client’s projects which, in turn, provides the client with the best product. 

To counter your no-interruption period, lawyers will also want to make sure schedules do not include back-to-back activity each day. Leaving wiggle room allows a lawyer to respond to the unexpected outside of no-interruption hours. Clients need to know that lawyers are often under several time constraints. There are times that lawyers cannot take a call or an appointment. It is, more likely than not, that most lawyers or their staff will get back to you just as soon as they can. 

Issue #3: Estimating and Capturing Time Inaccurately
Before deciding how much time a project will require, it is crucial to look at every aspect of your schedule and workload and then analyze how much time similar projects have taken. Being realistic is invaluable.

While we all can be eager to present the best value or impress clients or other lawyers in the firm, it is not impressive to submit work later than promised because you overextended yourself or estimated the cost of the work incorrectly. It can be far more expensive to write off time. FGor example, when a lawyer, who charges $250 an hour, decides not to charge for even one hour a week, the loss is $12,000 a year. By capturing that hour, there is a gain of $12,000.

Issue #4: Procrastinating

Optimizing time begins by not putting off work.  If you find yourself procrastinating, think deeply about why. There’s a reason behind it and it’s often:

• Not knowing what to do next. If that’s your situation, turn to colleagues or do some research – take even a small step to propel yourself forward.
• Not liking the client. Don’t be the client who is difficult to work with or doesn’t pay. This does not serve anyone. What it does is lend itself to more thorough vetting of clients or more selectivity about who is represented.

Issue #5: Doing Everything Yourself

Delegate when you have the opportunity. Many lawyers — especially new partners or associates — are unwilling to delegate or don’t delegate well because of billable hour requirements. Spend time on the core legal work and delegate the rest to staff who have the skill sets to do the work well. Be conscious of not abandoning them in the project and be sure to oversee work without micromanaging.

Issue #6: Being a Perfectionist

Not everything requires 100% of your attention. Learn what needs to be perfect and what doesn’t. Evaluate and prioritize the “to do” list. A brief for a corporate client, for instance, will require 100% of your effort. A simple court order, however, may not require you to tweak the language to perfection and can be delegated to paralegal staff with lawyer review.

Issue #7: Dismissing Technology

Time well-invested in taking advantage of technology always has a huge return. Use the newer technology resources to your advantage and do not dismiss them. It increases productivity in the law firm. Technology used wisely can free up hours needed to be more successful personally, professionally and financially.

If you or someone you know needs legal counsel, contact a lawyer, like a business lawyer in Montana from Silverman Law Office, PLLC, today. 

Personal Injury Lawyer

When you’re injured on the job, you are typically entitled to financial compensation in one form or another. You’ve got workers’ compensation, which is an insurance program purchased by your employer, and you have a personal injury lawsuit in which you can file. What specific options do you have? Do you have to choose between the two? The following are some things you should know when deciding between workers’ compensation and personal injury.

Workers’ Compensation Claims

If you’re considering a workers’ compensation claim, you’ll need to know whether your employer actually carries coverage. Each state holds employers to different standards, so there are some employers that don’t have workers’ compensation at all. While this opens the employers up to potential lawsuits, it could also save them money if the employee loses the lawsuit.

If your employer does carry workers’ compensation coverage, there’s still a chance you aren’t eligible to receive it. Some workers don’t qualify under their employers. This includes independent contractors, some domestic workers and some agricultural employees. This also varies by state, so it’s important you speak with someone who understands the regulations in your state.

Personal Injury Lawsuits

When you choose to pursue a personal injury lawsuit, there are some things to keep in mind. For example, if you have already received workers’ compensation for your injuries, you can’t file a lawsuit against your employer. You can, however, file a personal injury lawsuit against a coworker or other individual who caused your workplace injury. For example, if one of your coworkers punched you because of a disagreement in the warehouse, you could receive workers’ compensation from your employer and a personal injury settlement from the individual who punched you.

Deciding Between the Two

In some situations, you have no other choice but to file a personal injury lawsuit because there’s no option for workers’ compensation. This can often work to your advantage. In a workers’ compensation claim, you stand to receive compensation for medical bills, lost wages, disability and death. In a personal injury lawsuit, you could potentially receive compensation for those same things in addition to loss of enjoyment of life, loss of consortium, loss of the ability to perform work duties and possibly punitive damages. If you speak with a lawyer and he or she feels you wouldn’t receive much in a personal injury lawsuit, you might want to stick with your workers’ compensation claim.

Acquiring a Lawyer

Being injured is never any fun to deal with, but when it’s a workplace injury, it could be a bit more frustrating. If you were injured on the job and wonder whether to file a workers’ comp claim or a personal injury lawsuit, contact a personal injury lawyer, like from Davis & Brusca, to acquire the services that can assist you.

Personal Injury Lawyer

If you are injured in a motorcycle accident, you should get medical attention immediately. You can be more seriously injured than if you were in a car that offers protection against abrasions and impacts. While you’re healing, you’ll want to follow through with some things to help you file your insurance claim and get a settlement that matches your needs.

File an Insurance Claim

You should always work with your own insurance company first. The other driver’s insurance company may not want to offer a fair settlement at first, but you want to prevent the other driver from claiming you were at fault for the accident.

Gather Information 

You are going to be dealing with a lot following the accident. Start a file with all the medical bills and reports. Make sure to get pictures of the accident scene and your injuries. Save those pictures to the cloud or send them to yourself in an email. Your phone could crash, leaving you without the evidence. Get witness information. Make sure to get a copy of the police report. Make notes for yourself about who you talk to, when, and about what. If you do need to file a lawsuit, you’ll want this information. Track your mileage to and from medical appointments, especially if you’re driving a long distance.

Don’t Talk About Your Claim 

Keep your personal life off social media after an accident. The other driver’s insurance company could use pictures of you on social media as proof that you aren’t in pain and the accident didn’t limit your life. At the very least, be cautious about what you do post. Ask friends to not tag you in pictures. Don’t speak to the other driver’s insurance company without exploring your options.

Keep a Journal 

A daily journal can validate your pain and suffering by tracking your day to day activity level and pain level. You may never need your journal in court, but you can also use your journal to remember that you’re getting better every day. It doesn’t need to be very formal — maybe just a few lines each day about the difficulties you have faced, whether you could work or not, and your pain levels.

Speak to a Lawyer 

You may be entitled to more compensation than you realize or you may not have a claim at all. Speaking to a lawyer about your accident before you settle gives you peace of mind with your settlement. Make an appointment today to talk to a lawyer, like a motorcycle accident lawyer from Barry P. Goldberg, auto accident attorney. 

When you get injured in an accident, you can file a personal injury claim to help pay for your bills and losses. In some cases, you may not be the negligent party that caused the accident, and you’ll get to file your claim with the negligent person’s insurance instead. If things get complicated with insurance or you aren’t sure whether you have the right to file a claim, you might want to talk to a lawyer about your situation first.

Concerns About Hiring Lawyers

Many people worry that they can’t afford to hire a lawyer. Attorneys are known to come with steep legal fees in the form of hourly or flat rates that many people can’t afford. This prevents many people from seeking legal aid and counsel when they need it. However, this concern is unfounded with personal injury lawyers because they aren’t paid until you are.

Understanding Contingency Fees

In personal injury claims, you will discuss a contingency fee with your lawyer before hiring them. This fee is usually the percentage that they can take out of your final compensation amount when you receive it. A contingency fee is usually only applied if you win your case. If a lawyer represents you while you make a claim through the negligent party’s insurance but fails, you likely won’t have to pay the lawyer anything. In addition, since a lawyer knows the fee beforehand, they can file a claim worth the amount for your injuries and their fee to ensure everyone is taken care of.

What a Lawyer Can Do for You  

An experienced lawyer knows the ins-and-outs of the claims process and how state laws affect each situation. They can analyze your accident and injuries to see how much your claim is worth and if you have a fair chance at winning compensation. Hiring a lawyer can reduce the hassle of dealing with insurance companies and allow you to focus on recovery.

Finding a Good Lawyer

To find a personal injury lawyer in Canoga Park, CA, such as from Unidos Legales, that fits your needs and situation, start first by asking around for recommendations. You might have friends or family with a lawyer they have worked with in the past and highly suggest. You can also search online for lawyer near you and contact a lawyer’s previous clients to see if they might be a good fit. You should also look into a lawyer’s experience and history of winning cases, as it could predict the success rate of your own case.

Personal Injury Lawyer

Riding a bicycle can be an enjoyable hobby and provide you with a means for commuting if you live in a large city. However, it can also come with a few risks and when accidents happen, you are likely to be hurt much more than the driver of the vehicle who struck you. If you use your bicycle every day, there are a few safety tips you can keep in mind to protect yourself, your bike and those around you.

1. Buy Insurance 

Depending on your insurance carrier, you can add your bike to your renter or homeowner’s policy. This can protect it from damage caused in an accident or cover you if you happen to injure someone with it, such as if you get into an accident with another cyclist. Remember to discuss deductible costs and policy conditions with your insurance representative so you fully understand your coverage. Most renter or homeowner policies do not cover bike crashes as a part of routine insurance, so you may want to inquire about it as you create a new policy.

2. Use Reflective Clothing 

Many bicycling accidents take place at night when drivers cannot see you as easily. Riding around sunset can be especially dangerous, as the light quality can reduce visibility. Wearing reflective clothing and using reflective disks on your bike’s wheels can make it easier for drivers to see you, especially in fog or light rain. The better drivers can see you, the lower the risk of an accident.

3. Ride Defensively 

Sometimes bicycling accidents happen because the cyclist assumed the driver knew he or she was there or took the right of way as a matter of course. However, even if you have the right of way, a driver may not know that or might be distracted with the surrounding traffic and fail to notice you. Riding defensively, or never assuming drivers see you, can help you prevent accidents before they happen. For example, dismounting your bike and making eye contact with a driver before you enter a crosswalk is a defensive action that may reduce the risk of a painful wreck.

4. Obey the Rules of the Road 

As a cyclist, you are bound to obey traffic rules, signs and notices. Learn cycling signals for turning to let motorists know your direction and concede the right of way when directed to by traffic cops or signals.

While you can protect yourself as a cyclist, when an accident happens, there is legal help available. Call a bicycle injury lawyer in Canoga Park, CA, such as from Unidos Legales, today for further assistance and information.

Personal Injury Lawyer

A traumatic brain injury can be mild, where only some symptoms are experienced, or severe, where the brain suffers from bruising and bleeding. Both kinds should be taken seriously and acted on immediately to prevent further permanent damage. Not everyone knows that they have a brain injury, however, and not all brain injuries develop from the same causes. Here’s how to prepare yourself in the event that you or someone you know gets a brain injury.

1. Signs of a Brain Injury 

Signs of a brain injury vary greatly, and not all symptoms may arise in a single individual. Knowing all the symptoms can help you determine if you have an injury or not. If you notice that someone is having trouble speaking, seems confused or dazed, briefly loses consciousness, suffers from nausea or vomiting, or complains of persistent headaches, you may be dealing with an injury.

2. Differences Between Traumatic and Non-Traumatic

Traumatic injuries simply mean that a person received some form of blow to the head, which may have bruised the brain or shattered the skull. A non-traumatic injury indicates that a person suffered from an illness or condition that affected the brain. Strokes, tumors, cancer, infections, inflammation, and hypoxia are examples of non-traumatic causes.

3. Common Causes

There are five major causes of traumatic brain injuries, and some affect certain demographics more than others. Slips and falls impact a majority of older groups, while car accidents make up the majority of younger groups. Sports have caused a number of brain injuries as well. Physical trauma due to explosives and violent assaults make up the rest of the majority of injuries.

4. High Risk Groups

Several demographics are more at-risk for brain injuries than others. Children are more likely to suffer an injury because of violence (in infants, shaken baby syndrome is synonymous with a brain injury). Younger adults, the mid-teens to early twenties, and adults over 60 are also at risk. Males are more likely to get a brain injury than females.

5. Steps to Take If You Have an Injury 

If you suspect you may have a brain injury, don’t wait to see a doctor. Symptoms and conditions may worsen over time, so getting care immediately increases your chance of a faster recovery. If you recognize the symptoms in someone else, call 911. Don’t hesitate to talk to a lawyer, like a personal injury lawyer from the Law Offices of Arcadier, Biggie, & Wood, if you are having a difficult time getting coverage for your medical bills from the insurance agency.

Personal Injury Lawyer

The construction industry can be dangerous for those who work on site, especially when the risk of falls, electrocution, and crushing accidents is higher for larger projects. If you were involved in one of these accidents and you believe the construction company is at fault, there are a few steps you can take to build and file a lawsuit that could help you recover monetary damages.

1. Notify Your Manager  

If you get injured on the construction site, it is wise to let your foreman or manager know right away, even if you do not feel a great deal of pain at first. Some injuries take time to manifest, such as spinal or nerve damage. Alerting your employer of the accident right after it happens can help you prove when and where it happened later on if your case goes to court.

2. See the Company Doctor 

If your employer has workers compensation insurance and requests that you see a doctor of his or her choosing, you may want to make an appointment as soon as possible. Not only does this show you complied with your employer’s compensation guidelines, but it also proves that you acted in good faith when seeking treatment for your injury. If you do not feel comfortable with the company doctor’s diagnosis, you can also see your own general practitioner for a second opinion. It is a good idea to retain all reports and medical bills stemming from these visits.

3. Gather Your Medical Bills 

If you are denied a workers’ compensation claim, you may want to gather and organize your medical bills so you can present them to an attorney. You can include a variety of reports and x-rays, as well as costs for any outpatient prescriptions you had to cover. You may want to make copies of your bills as well, as your attorney may need these duplicates when he or she prepares your case.

4. Choose a Lawyer 

The type of personal injury lawyer you choose may depend on your financial position and which services the attorney offers. For example, some law groups do not require you to pay unless your lawyer wins your case for you. The fee can range anywhere from 25 to 35 percent, depending on the firm. You will want to review costs carefully before agreeing to any kind of legal representation.

Being injured at a construction site job can change your life forever, but there is help available. Reach out to a lawyer, like a personal injury lawyer from the Law Firm of Frederick J. Brynn, P.C., today for further information and advice.

Personal Injury Lawyer

Back pain doesn’t always start immediately following a car accident. There’s a chance you may not feel anything until days or weeks later. Whether you’re in pain right away or five days later, it’s essential you get it taken care of so you don’t experience increased physical consequences. The following are some things you should do when the pain hits.

Contact Your Doctor

If you’re in pain immediately following your accident, chances are you will make a trip to the emergency room to be seen by a physician right away. The doctor may or may not find the problem that’s ailing you. If it’s at a later time, you should contact your primary care physician. He or she might recommend you to a specialist, or you might be able to see your PCP sooner. Prompt treatment is not only good for your health, but can be helpful when filing a claim as well, which is why you should keep good records.

Contact a Chiropractor

Depending on your injury, you may be able to get treatment from a chiropractor. It’s not safe to get chiropractic treatment with every type of injury, but there are many in which chiropractic care could help tremendously. Be sure to let your chiropractor know all the details of your injury so he or she knows what’s going on in your body before treatment begins. Hang on to all documents regarding your chiropractic care.

Contact Your Lawyer

A lawyer, like a car accident lawyer from Patterson Bray, can help you seek the compensation you deserve. Whether the accident was your fault or someone else’s fault, there is probably some money out there that you are entitled to. Give your lawyer all your medical bills, evidence from the accident, medical and chiropractic reports, a police report, and witness contact information so he or she can start investigating what happened and what you can seek as compensation.

Your lawyer can also explain to you the importance of not signing anything. The insurance company may try to get you to accept a low-ball offer, but you should consult your attorney first. They might also try to get you to sign a release of liability, and you should avoid doing that as well.

Getting Started Today

You don’t realize how much you rely on your back until it stops working properly. If you have been in a car accident recently and just started feeling back pain, contact your doctor and a chiropractor to get on the fast track to recovery. Call a car accident lawyer today for help obtaining proper compensation.