3 Questions to Ask Your Bike Accident Lawyer

Suffering a bicycle accident can be a majority stressful experience. Not only do you suffer the initial trauma, there are often police reports, insurance companies and medical bills to deal with in the aftermath. An already bad situation can be made worse if insurance companies try to deny you a settlement and want to go to trial. Fortunately, you can get damages for your bicycle accident, if you know what to do. Consult with an attorney early on and make sure to ask them these three major questions.

Why Do I Need an Attorney?

Bicycle accidents are often viewed as minor, due to the somewhat recreational nature of bikes. But the truth is, hundred of bike riders are killed in accidents each year, and many more suffer serious injuries such as lacerations, head injuries, fractures and more. Although many insurance companies will want to settle, others may insist on going to court before they pay your damages. The potential seriousness of injuries, combined with the complexity of legal matters when it comes to a possible court case make it imperative that you not try to go it alone in a court.

Will I Need Witnesses?

TV has taught us that witnesses are integral to proving a case, but that’s simply not so. It’s true that witnesses can be helpful and you should obtain contact information for anyone who may have seen your accident. But there aren’t always people who saw the incident and are willing to talk. In those cases, there can be other ways to prove that a driver was negligent. Your best bet is to call the police at the scene and get a report made that includes details ranging from the weather to exactly where an accident occurred. Remember, witnesses are great, but a report featuring comments from an officer of the law can be just as helpful to winning your case.

Are These Cases Hard to Win?

Like any case, a biking accident case can have its challenges. But winning is far from impossible with the right attorney. Your attorney will employ investigators to evaluate things like the accident scene, road conditions and even road markings to help build your case. With the right evidence, you can be on the way to proper compensation.

Many factors can influence the strength of your bike accident case. If you have been in a bike accident consult with an personal injury lawyer in Washington, DC immediately to learn what it will take to get your injuries covered.

 

Thanks to Cohen & Cohen, P.C. for their insight into personal injury claims and questions for you bicycle accident attorney.

 

Bicycle accidents and helmet laws: What you need to know

According to the National Highway Traffic Safety Administration (NHTSA), approximately 700 cyclists die every year due to accidents involving vehicles.

Many others are left with traumatic brain injuries as a result of such accidents, often because they were not wearing a helmet at the time of the crash.

Traumatic brain injuries can lead to headaches, fatigue, changes in mood, memory problems, sleep disorders, and a host of other health problems, according to Chicago’s Rush University Medical Center. In some cases, injuries can be catastrophic in nature. (There’s a reason why such injuries are referred to as traumatic.)

Here’s what else the NHTSA has to say on the issue:

  •       Bike helmets prevent traumatic brain injuries in 88 percent of serious crashes.
  •       Less than half of bike riders wear helmets.
  •       Teens rarely wear helmets when riding their bikes.

While it would seem given the statistics that helmet laws would be as prevalent as seatbelt laws, that’s not the case.

According to Bicycling magazine, 22 states and the District of Columbia have mandatory helmet laws in place for minors and California is considering similar legislation for adults, but in general, states have essentially allowed adults to make their own decisions about wearing bike helmets.

Many cities, however, have legislated what states have not and do have mandatory helmet laws in place for both children and adults.

Helmet laws: Why do I need to know?

If you choose not to wear a helmet despite the strong evidence supporting the benefits, it’s important to understand helmet laws before setting out on a bike ride, because such laws can make a big difference if you’re in a collision with a car.

If you’re in a city that has a helmet law and you’re not wearing one, for example, it will likely be more difficult to be compensated if you sustain any injuries in a crash, because being in violation of the helmet law will make you negligent in association with the accident, even if the driver was 100 percent at fault.

That negligence will mean that you will be found at least half responsible for the accident, and any damages you may be entitled to will also be slashed in half. If you sustain a traumatic brain injury, which may mean that you’re unable to work and may have significant medical bills, the losses can also be significant.

If you were injured on a bike, call an attorney

While seeking medical help should be your first priority, if you are in an accident while riding your bike, no matter if you were wearing a helmet, you should also seek the advice of an bike accident lawyer in Delray Beach, FL with experience in bike injury cases.

Medical bills, lost wages and other expenses can add up fast, and even if you are found negligent for not wearing a helmet, you can still seek damages from the driver who was at fault.

A legal expert in your city or state will have a better idea what your chances of recovering damages would be after reviewing your case.

 

Thanks to The Law Office of Eric H. Luckman, P.A. for their insight into personal injury claims and bicycle accidents.

 

Chiropractic Care Can Help Accident-Related Injuries

Chiropractor

If you’ve been in a motor vehicle accident, you should consider going to a qualified chiropractor for treatment. Chiropractors can treat a variety of issues that arise from car or truck collisions, such as muscle strains, whiplash of the neck, and other soft tissue injuries. And while injuries such as these might seem less severe when compared with what could’ve happened, a soft tissue injury can still take weeks, or even months, of recovery time. Weeks of recovery time also translates into weeks of medical bills.

In the aftermath of a traumatic accident, the last thing you should have to worry about is financial expenses, including the cost of your chiropractic care. So, if you are considering or are in the process of filing a personal injury claim, you may have questions about whether or not your settlement for damages will cover the cost of your chiropractic treatment.

In that regard, there are a few things you may like to know about personal injury claims and your chiropractic care.

Why visit a chiropractor after a motor vehicle accident?

Many chiropractors can confirm that there may be damaging, long-term effects of ignoring your symptoms. Whiplash is one of the most common injuries you can sustain from a car accident, and will usually resolve after only a few weeks of chiropractic care. However, in severe cases of whiplash where an accident victim doesn’t seek medical treatment, the result could be chronic neck pain, lost range of motion, and stiffness. 

Accident victims often make the mistake of thinking they’re absolutely fine. Symptoms related to injuries suffered in a car crash may not show up for hours, or even days. The longer victims wait to get treatment for the injuries they sustained during the incident, the more difficult it may be to get awarded a settlement for damages, pain, and suffering.

A licensed doctor of chiropractic can develop a treatment plan to help you heal from whiplash or other injuries of the musculoskeletal system. While it might be initially costly to get chiropractic treatment for your injuries, chiropractic care is often a lot less costly and less invasive than expensive surgeries, which may require lengthy recovery and rehabilitation periods. 

The majority of injuries for which you might visit a chiropractor will not be resolved in only one or two appointments. Although experienced chiropractors will likely do their best to heal you quickly, certain injuries might take weeks, possibly months, of chiropractic treatment before the issue can be resolved. So, it is understandable that you could be facing mounting chiropractic bills that might amount to hundreds or thousands of dollars.

Who pays for chiropractic care after an auto accident?

If your accident was caused by another party who was negligent or at-fault, you might need to file a personal injury suit to recover the cost of your treatments. Your attorney can work to prove that your visits to a chiropractor were required for your recovery, so you get a financial settlement to cover your bills. Contact a chiropractor in Gaithersburg, MD today for more information or to schedule a visit.

Thanks to AmeriWell Clinics for their insight into chiropractic care and treatment for accident injuries.

What to Do After You’ve Been Hit by a Drunk Driver

Car Accident Lawyer

It’s something no one should do, and yet all too often car accidents occur because someone is driving drunk. Even worse, as the victim, you may incur serious injuries, property damage and a load of extra costs and bills that you were never prepared to pay. This might leave you wondering what to do next, how to pay off those expenses and how to move forward after your life has been so drastically altered by the carelessness of another. If you’ve been injured, you have several options, but they vary depending on what state you live in.

Filing an Insurance Claim

Simply filing a claim with the drunk driver’s insurance can usually get you the greatest settlement without much fuss, but don’t settle with them prematurely. In an attempt to pay the least amount of money possible, an insurance company may try to settle quickly for a small amount or have you sign a release of liability that says they won’t have to pay any more damages, even if more severe injuries appear later. It’s best to hold out until you are fully aware of the repercussions of the accident and have a final tally of what it has cost you. This can also provide ample time for the other driver to be convicted of a DUI, which will help your case immensely should you decide to sue them for your injuries.

Filing a Lawsuit

Your ability to file a lawsuit against a drunk driver depends on the state you live in. If you live in a pure negligence state, you can file a personal injury suit against the faulty driver; you simply have to prove that they were at fault due to negligence, which becomes much easier if they have already been convicted of a DUI.

In twelve states, this process becomes more difficult, as they are “no-fault” states, meaning you cannot sue the guilty driver over your injuries and suffering, and must make the claims with your own insurance. Only if your injuries are incredibly severe or you’ve lost a certain amount of money (determined by each state) because of the accident can you sue the driver or make a claim with his or her insurance.

Dealing with injuries, lost work hours and unexpected expenses can be a distressing experience, especially if you’re not sure where your case falls, or if you can even file a lawsuit at all. Consulting with a car accident lawyer in Longwood, FL can lift the burden of navigating these muddled waters alone and get you compensation for all your suffering.

Thanks to David & Philpot, P.L. for their insight into personal injury claims and what to do after being hit by a drunk driver.

Virtual Visitation

Personal Injury Lawyer

Parents can now use virtual visitation as a part of the custody agreement to keep in touch with their child. Virtual visitation includes using phones, laptops, tablets, or desktop computers for communication between parent and child through emails, video mail, texting, video conferencing or any other type of video chat applications. The terms need to be detailed in the child custody order so that both parents and child understand and agree to the terms.

The noncustodial parent is usually the one who requests the ability to use virtual visitation either because they are traveling out of town or perhaps they want to relocate to another state. Fathers that are not married to the child’s mother may also request to use virtual visitation as a way to maintain a relationship with their child.

Laws Concerning Virtual Visitation

Many states already have laws in place letting the court order electronic or online visitation regarding custody matters. Other states are in the process of following suit.

Virtual visitation is not meant to replace one-on-one time spent together with parent/child. It is an additional way to spend more time with each other when the face-to-face time is not possible. The laws specify the parent:

  • Encourage and allow virtual visitation
  • Accommodate the virtual visits
  • Allow the parent/child virtual visits to be uncensored and private if requested

If the court deems that these visits are in the best interests of the child, they will likely agree to allow virtual visitation as a part of the child custody agreement. However, if regular visitation was not a part of the custody agreement, virtual visitation will not be granted either.

Benefits of Virtual Visitation

Because of the advancements in technology that allow virtual visitation to be so easily and efficiently accomplished, children of divorced parents are able to spend more time with the noncustodial parent and can, therefore, become more involved in the day to day activities of their child. Virtual visitation can be used to:

  • Work with the child on homework or projects
  • Read their child a bedtime story
  • Because the parent and child can see each other, they can better understand their emotions
  • The child can show their parent school papers or awards, lost teeth, etc.
  • The child and parent can share events and/or pictures on social media
  • The parent can be virtually present during music recitals, sporting events, plays, etc.
  • Texting can keep parent/child current with daily events and activities

Negatives to Virtual Visitation

There are some who believe because virtual visitation is so easy and convenient, it may serve to replace in-person visitation or even encourage the noncustodial spouse to move out of the area when normally, without the virtual visitation, they would choose to stay where they could have personal visits with their child.

Contact an Attorney

A family lawyer in Midtown, New York with experience in child custody law can explain the laws concerning virtual visitation in your state. In addition to the noncustodial parent benefitting from being able to keep in touch virtually with their child, grandparents and extended family may be able to participate in virtual visitation as well.

 


 

Thanks to Okun, Oddo & Babat, P.C. for their insight into family law and virtual visitation.

Filing a Wrongful Death Lawsuit

Wrongful Death Attorney

The death of a family member is never easy, but when their death is due to the negligence or recklessness of another party, their family’s grief can be overwhelming. According to national statistics, the fourth leading cause of death in the United States is from unintentional injuries. In these cases, State law allows the family to file a wrongful death lawsuit against that at-fault party in order to seek damages for the financial and emotional losses the victim’s death has had on the family.

Wrongful Death Lawsuit

Under tort laws, survivors of victims who are killed as a result of another party or party’s behavior or actions can pursue a wrongful death lawsuit against that party if those behaviors or actions were negligent, reckless, due to misconduct, or intentional. Some of the more common wrongful death actions that our firm has successfully represented families include:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Pedestrian accidents
  • Bicycle accidents
  • Medical malpractice
  • Premises liability
  • Product liability
  • Work-related deaths

A wrongful death lawsuit can be filed even if there have been no criminal charges filed against the at-fault party. A lawsuit is handled in civil court, not criminal court, so the two actions are entirely separate. If there are criminal charges pending, it is important to not wait until that case has been resolved because there is a statute of limitations for how long survivors have to file their lawsuit. A wrongful death attorney can determine what the time limit is in your situation.

Many state laws only allow certain family members or representatives from victims’ estates to file wrongful death lawsuits. An attorney can also determine who in your family is entitled to pursue a wrongful death claim for your loved one’s death.

Elements of a Wrongful Death Lawsuit

In order to be successful in a lawsuit, a wrongful death attorney will need to prove three elements to the jury:

  • The at-fault party owed a duty of care to the victim. For example, if the cause of death was an alcohol-related car crash, the at-fault driver had a legal duty to all other drivers on the road to obey your state’s traffic laws.
  • The at-fault party breached that duty. When the driver got behind the wheel of their car drunk, the were breaking drunk driving laws, breaching their duty of care to other drivers.
  • The at-fault party’s breach of duty caused the victim’s death.

Contact a Wrongful Death Attorney for Assistance

At a law firm, they understand that no amount of money will ever make up for the loss of a loved one. They also understand that not only do these tragic deaths have a terrible financial impact on a victim’s family, but often, wrongful death lawsuits are the only way families ever get any kind of justice. Contact a personal injury lawyer in Harrisonburg, VA to set up a consultation to find out how they can help.

 


 

Thanks to MartinWren, P.C. for their insight into personal injury claims and wrongful death dui to DUI accidents.

What to Do After a Potential Brain Injury

Personal Injury Attorneys

Let’s say you are out having a fun time, participating in recreational sports, or simply going about your day running errands — perhaps the last thing on your mind is whether you may suffer from a brain injury. However, accidents can happen and the unexpected may unfold before you have a chance to react. If you hit your head or suffered blunt force trauma, it is important that you get medical attention immediately. After you have received care from a medical professional, we suggest consulting with an attorney, especially if you believe another person was responsible for your accident.

Victims of brain injury accidents may endure new financial hardships, physical challenges, and mental disabilities due to the brain injury. We encourage victims to reach out to us for legal representation. What you may not know, is that you could be entitled to substantial financial restitution from the party who caused your brain injury accident.

The Moments After a Brain Injury Accident

If you think you may have suffered from a brain injury, it is vital that you seek medical care promptly. Under no circumstances should you wait to see if is gets better on its own. Only the most mild cases of brain injuries may only require rest and not much else. To ensure you haven’t sustained something more serious, we highly recommend seeing a doctor as quickly as possible. How fast you respond may make the difference between a full recovery or living a life of impairments.

  1. Sit down in a place that you feel stable and safe
  2. Call 911 or have someone you are with call for assistance
  3. Apply gentle touch to your scalp, to feel for blood or wounds
  4. Apply a cloth and pressure to any wounds, to help stop bleeding
  5. Identify your symptoms (dizziness, nausea, headaches, etc.) and share this with the medical team when the ambulance arrives
  6. Once you are of stable health and receive treatment, write down what happened to the best of your recollection
  7. Meet with a legal professional if you believe someone had contributed to your accident happening, whether due to negligence or intent

Prepare for a Brain Injury Lawsuit

After the brain injury accident, you can meet with an attorney to find out if you have a strong foundation for a lawsuit against the responsible person or party. By taking legal action it can help prevent you from draining your bank account in order to pay for brain injury treatments, which can be particularly expensive. Victims of brain injury accidents can receive compensation for:

  • Property damage
  • Decreased earning capacity
  • Pain and suffering
  • Rehabilitation
  • Medical treatments
  • Hospital bills

An attorney can talk with you further about the injury accident, and help investigate who may have been at-fault. A brain injury lawyer in Fort Lauderdale, FL will be on your side the entire way through, and can imagine the anguish you may have endured thus far. Please call for a free consultation, before even more money comes straight out of your pocket for someone else’s wrongdoing or carelessness.

 


 

Thanks to Needle & Ellenberg, P.A. for their insight into personal injury claims and what to do after a brain injury.

How to Narrow Down the Wedding Venue For You

Personal Injury Lawyer

Every couple is different. Some couples may be quirky and outgoing, while others are more traditional and reserved. When choosing your wedding reception venues in Glendale, CA, it is important to pick a spot that really showcases who you are as a dynamic duo. Those who need help finding the right property for them, can benefit from meeting with a consultant. We have a location that can offer a setting for various types of couples. Whether you want something small and intimate or a big party, they will do their best to meet your needs!

One of the toughest parts about wedding venue searching, is narrowing down the perfect wedding venue location for you and your significant other. There are so many options out there, that you may be flooded with choices. Here in the article to follow, we have aimed to help make this decision easier for you, by offering tips on how to figure out which location is the one.

#1 Excellent Customer Service

A team of venue consultants should take pride in helping their soon-to-wed clients with their wedding day needs. It is critical that you hire venue staff that truly enjoys what they do. If you take a tour with a venue representative and are made to feel as though you are asking for too much, this may only reflect inflexibility on their side. Venue staff that are grumpy, rude or outright mean may only put a sour mood on your celebration.

#2 Meets Budgetary Needs

If you overindulge on a wedding venue, you may end up with less money for other things like photography, decorations, food, the dress and even honeymoon! Most venues offer multiple pricing packages that can hopefully meet your budgetary needs.  

#3 Can Hold Your Number of Guests

Before putting down a payment to book a venue, make sure it can hold all of the guests you plan to invite to your wedding. It can be devastating to find out later on that you have surpassed the venue guest limit. This may mean you lose out on your deposit by having to cancel, and then have to find another wedding venue altogether.

#4 Remember What This is All About

In the moments you feel overwhelmed with the stress of decision-making for your wedding day, remember why you wanted to plan this party in the first place. Weddings can be a great way to celebrate the love you two share with friends and family. Try not to get caught up in the details. Not every single thing about your wedding day may go as planned, but that can be the beauty of it! Your guests are way more likely to remember if they had a good time or not, not whether all of your decorations were perfectly placed.

 


 

Thanks to Metropol for their insight into wedding venues and how to narrow down your list.

Tips for Talking with Witnesses After a Personal Injury Accident

Personal Injury Lawyer

A witness is an incredibly valuable element of your personal injury case, and can help you get the best results possible. Witness statements can help support your claims about injuries, especially if they saw the accident unfold. These statements can offer information that perhaps you weren’t aware of, such as exactly how the other party is responsible for the incident occurring.

There are many ways that witnesses can help your personal injury case. For example, a bystander can talk about how they saw the other party acting recklessly moments before the accident happened. Or, your coworkers could talk about how your injuries changed your work life temporarily until you could recover. And lastly, expert witnesses like your treating doctor could come forward with a statement about your condition and facts about your injuries.

It can be uncomfortable to approach a stranger, bystander or other witnesses about helping you in your personal injury case. Here are examples of questions a person may ask their attorney when it comes to talking with potential witnesses:

Q: How can I approach a stranger about getting their name and number?

A: If after the personal injury accident your health was stable enough to enable you to talk with witnesses, don’t be afraid of denial. Even if a bystander knows you were in the right and the victim in the situation, they may not want to be involved in legal issues. To help lessen the uncomfortability of asking, just request the witness’ name and a form of contact. You do not have to get a full statement in that moment, as it may be too tense of a scene for that just yet. Your attorney can contact the witness the following day to talk further.

Q: What can I do to collect statements from those I know?

A: Your friends, doctor, partner, and coworkers can all be helpful witnesses. If any of them saw the accident or what you suffered afterwards, it is important that you go over what they witnessed in their perspective as quickly as possible. The human memory is flawed, and split-second details may be forgotten if you wait too long to speak with them about the incident.

Q: What if an insurance adjuster tries to contact witnesses?

A: An insurance adjuster may make an effort independently to track down and talk with witnesses of the accident. They may reach out to your local law enforcement office for the police accident report and speak to officers who responded at the scene. It is vital that you or your personal injury lawyer in Fort Lauderdale, FL contact witnesses first, to hear about what they saw to prevent an insurance adjuster from adding distorted or completely untrue recollections into their minds.

Contact your witnesses and inform them that an insurance adjuster may reach out, but that they are under no obligation to discuss the personal injury incident. Keep in mind that telling your witnesses to not speak with them at all could interfere with the opposing side’s right to get information, which could then jeopardize your claim. How you word this warning is crucial.

Thanks to Needle & Ellenberg, P.A. for their insight into personal injury claims and talking with witnesses.

What You Need in Your Patent to Defend Against Infringement

Patent Lawyer

One of the most important roles of a patent is to help protect against potential infringement by competitors. When you have a patent for a product and another party attempts to produce, sell, or otherwise profit on the same product without your permission, federal law allows you to pursue an infringement lawsuit to 1.) get that party to stop and 2.) collect any monetary damages you may be owed.

There are three elements needed to prove infringement, so it is critical that your patent contains claims which will demonstrate obvious infringement.

Prior Art

One of the most common defenses to patent infringement is for the infringing party to show that there was prior art before the patent was even issued. Prior art means that there is a product or service that already exists that is like the product or service you have the patent on.

Prior art is actually one of the main reasons why patents are denied, to begin with. This is why it is important to conduct a thorough prior art search before submitting your application. It is highly recommended that this search be conducted by a qualified patent attorney given how complex and detailed these searches can be. Having a professional intellectual attorney conduct the search not only avoids denial of your patent application, but it will also avoid the issue as a defense for any entity accused on patent infringement of your product in the future.

If a patent attorney does find prior art in the search, this can be disclosed to the patent office in the application so that they can evaluate whether or not it is too similar. When the prior art is submitted with the application and the patent is still approved, it makes it much more difficult for a future infringing party to use that prior art to invalidate the patent in order to defend against an infringement lawsuit.

It is also important to have well-constructed claims in your patent which concisely describes what the patent covers. A seasoned patent attorney can assist you in making sure your patent is written in a way that fully protects you. Your attorney will make sure your claim contains broad independent claims and more specific dependent claims. The broad claims will protect you against the threat of competitors who try to infringe on your product. The narrow claims will help protect you from the risk that prior art will affect any of your patent claims.

Infringement Claims

In order to pursue an infringement claim, you need to know that it is happening. The way most patent holders discover infringement is because the infringing party does something that is in the public arena.

When drafting the infringement lawsuit, the claims in your patent will play a significant role in whether or not you are successful in proving your case. This is why it was so important to have a patent lawyer in Chicago, IL draft your original patent application. There is no way to anticipate what type of claims will work in proving infringement, but a high-quality written patent should have a variety of both independent and dependent claims to help protect against whatever an infringer tries to use as a defense.

Thanks to The Law Offices of Konrad Sherinian, LLC for their insight into intellectual property and defending against patent infringements.