August 6, 2019
Personal Injury Attorney
If you’ve become sick or been injured because of something that happened on the job, the consequences may be more severe than just paying your medical bills and wages for lost time. Unfortunately, worker’s compensation is limited in what it pays for, and you may have to take additional steps to recover these expenses.
Why Doesn’t Worker’s Compensation Pay for Pain and Suffering?
Worker’s compensation laws are a trade-off. Employers have an obligation to pay for the costs of medical care and, in most cases, lost wages, regardless of liability. Even if an employee is responsible for their own sickness or injury, the employer still has to pay. In return, employer’s liability as to pain and suffering is waived.
Worker’s Compensation Does Pay for Permanent Disability
However, you may be entitled to compensation for permanent disabilities under worker’s compensation law. For example, if an injury caused you 20 percent loss of strength or dexterity in an arm, there is a formula to determine an award you would receive for future lost income potential. If you suspect that you might have any permanent disability due to an incident at work, you may want to consult an attorney to ensure that you are receiving just compensation.
What Are Your Options to Recover for Pain and Suffering?
Even though worker’s compensation doesn’t cover pain and suffering, this doesn’t mean your situation is hopeless. In many cases where there is a severe illness or injury, there are some additional circumstances that might allow you to recover that compensation.
- Your employer may have failed to secure adequate worker’s compensation. If the coverage is not adequate, you may be able to sue your employer for this reason.
- Your employer may have caused your illness or injury through gross negligence or intentionally. For example, if your employer knew that you were working with hazardous substances, but didn’t provide protective equipment, this situation might qualify as something you could bring an action for. If your employer struck you, this would also be a comparable situation.
- A third party may be responsible for your pain and suffering, even though the event happened on the job. If you were in a car accident while on company business and you were struck by a drunk driver, you could sue the driver for pain and suffering.
You should not assume that you are not entitled to other damages, nor should you take the word of insurance companies on this matter. Contact work injury lawyers in Milwaukee, WI if you feel you might be entitled to pain and suffering compensation.
Thanks to Hickey & Turim, SC for their insight into workers compensation and recovering from pain and suffering.
August 3, 2019
Personal Injury Lawyer
When a car collides with a pedestrian, the injured pedestrian is entitled to seek compensation from the driver. A successful insurance claim will require proof that the driver was negligent.
Drivers are negligent when they drive carelessly. Looking at a smartphone screen instead of watching for pedestrians in the road is an example of negligence. Disobedience of a traffic safely law (such as speeding or running a red light) is usually sufficient evidence that the driver was negligent.
Allocating Fault in a Georgia Pedestrian Accident
Georgia law allows an injured pedestrian to recover compensation from a negligent driver unless the pedestrian was more negligent than the driver. For example, a pedestrian who unexpectedly darted into a busy highway might be more negligent than a driver who failed to stop in time to avoid a collision.
Georgia’s comparative negligence law requires a jury to assess the fault of both the driver and the pedestrian. If the driver’s fault was greater than the pedestrian’s, the pedestrian recovers compensation in proportion to his or her share of fault. For example, if the jury finds an injured pedestrian to be 40% at fault, the court will award 40% of full compensation to the pedestrian.
Georgia pedestrian accident lawyers present evidence at trial to prove the driver’s fault. While the lawyer will conduct a thorough accident investigation, there are many things an injured pedestrian can do to gather or preserve the evidence that will be needed at trial.
Working with the Police to Determine Fault in a Georgia Pedestrian Accident
Injury victims who are not taken to an emergency room in an ambulance may be able to gather evidence at the scene of the accident. Hit-and-run victims should try to get the license plate number of the car that hit them. Calling the police immediately and describing the car while it is still fresh in the victim’s memory may enable officers to identify the negligent driver.
Even if the driver obeys the law and remains at the accident scene, it is important to call the police. Georgia law requires every accident that causes an injury to be reported.
The officer who responds will conduct an initial investigation and will prepare a report. The injury victim and his or her lawyer will be able to obtain a copy of that report. It is important to review the report to make sure it is accurate. Most officers are willing to correct mistakes if it is clear that they made an error.
The accident report will contain important information, including the driver’s name, address, and insurance company. The officer might also draw a diagram of the accident scene. If witnesses observed the accident, the officer should include their names and telephone numbers in the report.
The officer who investigates will probably provide a card with the accident number. Accident victims should give that card to their attorney as soon as possible.
Obtaining Other Evidence to Prove Fault in a Georgia Pedestrian Accident
Since witnesses might not wait for the officer to arrive, it is helpful for the accident victim to ask them for their names and numbers before they have a chance to leave. Most witnesses are happy to provide that information to an injured pedestrian.
Before leaving the accident scene, try to pinpoint exactly where the collision occurred. If you have a smartphone or access to a camera, take a picture of that spot. Also take pictures of the vehicle that was involved in the collision, including dents or scratches that might indicate the part of the vehicle that struck your body.
Your pedestrian accident lawyer in Atlanta, GA will want to investigate the accident as quickly as possible. You can help that investigation by explaining the accident to your lawyer while the details are still fresh in your mind. Delay in contacting a lawyer may allow important evidence to be lost.
Thanks to Butler Law Firm for their insight into personal injury claims and determining fault for a pedestrian accident.
August 1, 2019
There are some individuals who refuse chiropractic adjustments because they regularly workout. Their thought process includes thinking a good workout is equal to getting adjusted, but that’s not exactly the case. Chiropractic adjustments and working out do go hand in hand, and one can have great success when implementing the two correctly. The important thing to keep in mind is chiropractics and workouts don’t replace each other. Instead, they work together in harmony for the health of your body.
Which Comes First?
Before you sign up for a workout class or schedule your adjustments, there are some things you should know about the order of things.
- Your muscles become relaxed when you are adjusted. A workout typically puts stress on the muscles to begin with. If you start with the chiropractor first and move on to the workout second, your body may not get so stressed out and the workout could actually be relaxing.
- Pain relieving chiropractic adjustments remove pressure on the nerves of the spine. Having misalignments corrected before a workout will help you avoid too much pain during the workout.
- Chiropractic adjustments restore the proper motion of the joints by realigning them. By doing this before a workout, your muscles will be balanced and your workout may not cause as much discomfort as it might have otherwise. This could also increase flexibility.
As you can see, there are some huge benefits of having your chiropractic adjustments done prior to working out. Of course, your body may need a chance to recover before you jump into a workout routine, so be sure to keep some distance between your activities.
Exceptions to the Rule
There seems to always be one or two exceptions to the rule, so it’s important you speak with your chiropractor and fitness coach. Each of them may have insight that the other doesn’t have, and because they’ve both worked with your body before, they may know best what it is you’ll need.
When you’re ready to get started with chiropractic adjustments that will improve your workouts, contact a chiropractor for help. He or she can answer any questions you might have regarding treatment, as well as help you determine when the best time will be for you to receive an adjustment. Whether you’re looking to give your muscles a break, increase flexibility, limit stress on the body or decrease discomfort, give your sports injury doctor in Gaithersburg, MD a call today!
Thanks to the Pain Arthritis Relief Center for their insight into chiropractic care and working out.
July 24, 2019
Intellectual Property Attorneys
What is involved in creating an asset protection trust, and who should consider taking this step? An asset protection trust serves a number of purposes, but as the name implies, its primary purpose is to protect the assets of an individual or family.
What Is an Asset Protection Trust?
An asset protection trust holds the assets of an individual or family and keeps these assets out of the reach of creditors. There is also usually a motivation of keeping the assets of a family from estate taxes. Very few states recognize asset protection trusts, and there are important limitations on what can be done with assets once they are placed into this trust. First of all, an asset protection trust must be irrevocable, which means that once it’s created it’s very difficult to change. Another typical limitation is a “spendthrift clause,” which limits the ability of family members to use the assets of the trust as security for investments or debts.
You should consult an estate planning lawyer if you are considering taking such a step. It can have far-reaching implications for your financial management.
Who Should Create an Asset Protection Trust?
Obviously, creating an asset protection trust is a complex set of transactions, and should not be undertaken lightly or for the wrong reasons. Here are some qualifying reasons to consider setting one up.
Exposure to adverse creditor action is one factor that might motivate you to set up an asset protection trust. If creditors are threatening to take your family assets, holding them in such a trust may give you more leverage in reaching a settlement with them. But since setting up this trust also involves considerable expense, the extent of these creditor’s claims should be carefully considered against this cost.
Concern about estate taxes is another reason to create an asset protection trust. But there is a degree of wealth that is subject to estate taxes even if an asset protection trust is created, so you need to consult an estate planning lawyer to understand what your options are.
Finally, it’s important to understand that such a trust is irrevocable. This may greatly limit your options should your situation change. It is incredibly difficult to change an irrevocable trust.
An asset protection trust is an appropriate vehicle for high wealth individuals who need to shield assets from creditors and/or estate taxes. They have important limitations and they don’t work for every situation. Talk to a Sacramento estate planning lawyer before counting on this as an option.
Thanks to the Yee Law Group for their insight into estate planning and asset protection trusts.
July 17, 2019
Personal Injury Lawyer
A personal injury lawsuit is often brought by someone who is negligently injured. If the injured person dies before a lawsuit is brought, what happens? The answer is, it depends.
When the Plaintiff Dies Before Filing a Lawsuit
If no legal action has been initiated, then you’ll have to look at the statute of limitations. Generally, a plaintiff has a certain amount of time to bring a personal action claim against a defendant. If the plaintiff dies before the statute of limitations has expired, the estate can bring the lawsuit against the defendant. At this point, the action may be a wrongful death claim, rather than personal injury case.
If the statute of limitations has expired, you are probably out of luck. The statute of limitations doesn’t start when the person dies, but rather when the injury occurred. However, there may be legal implications that changes the start date. If the case was being investigated for murder, the timeline begins when it was discovered that the death was due to murder. For product liability, the statute of limitations usually starts on the date of the injury, rather than discovering that the death was due to a product malfunction.
The legal implications are further complicated by varying laws around the country. For some types of cases, the statute of limitations might be one year, while for others, it could be three years. For children, the statute of limitations may be much different, too. It’s important to talk to a lawyer as soon as you can to preserve your right to sue.
What if the Plaintiff Dies While the Lawsuit Is Pending?
In a personal injury case, the lawsuit doesn’t just go away if the injured person dies. The executor of the estate or another personal representative of the estate can continue to pursue the claim. Once the claim is settled, any recovery is distributed to the heirs according to the will or laws of succession in the state.
What If the Defendant Passes Away During the Lawsuit?
If you filed a lawsuit against a person who dies before it’s settled, again, your case doesn’t go away. Your case simply proceeds against the person’s estate. It can complicate matters, because the estate has to go through probate. Because the defendant isn’t available, it does make the legal proceeding more difficult but not impossible.
Your Personal Injury Lawyer Can Address These Situations
A death of a plaintiff or defendant doesn’t make the case go away, but it certainly can make it more complex. Talk to a wrongful death attorney in Phoenix, AZ about your claim.
Thanks to Rispoli Law, PLLC for their insight into personal injury claims and wrongful death.
July 17, 2019
Car Accident Lawyer
During a car accident, victims are at risk of suffering significant harm, including brain injuries. When the brain is injured during a vehicle collision or another traumatic event, it may result in permanent physical, mental, and emotional damage. Brain injury can affect an accident victim’s ability to live a healthy and functionally independent life.
Car accident victims who suffer brain injuries may incur significant bills from medical providers for treatment, rehabilitation, or the cost of long-term care or a caregiver. When combined with the issue of lost wages and earning potential while recovering, there may be a substantial financial strain on car accident victims and their loved ones. If you’ve suffered a brain injury or other types of injuries in a car accident, a car accident attorney can work to help you receive monetary compensation for lost wages, medical bills, pain, suffering, and more.
Types of Car Accidents That May Cause Brain Injuries
Both motorists and passengers are often at risk of suffering a brain injury in traffic accidents that involve multiple impacts. This can happen in various types of collisions, such as:
- Head-on collisions
When the front ends of two vehicles hit each other while headed in opposite directions, the impact may thrust a motorist’s head to forward into the dashboard or steering wheel. In some instances, the speed involved when the head and neck suddenly jerk forward is sufficient to cause brain injury if the brain strikes the inside of the skull.
- Side-impact collisions
When a car strikes the side of another one, the side impact (or “t-bone”) collision can cause a driver to lose control of the vehicle. Or, the t-bone impact may push the struck vehicle into other objects, such as a traffic sign, a tree, or a light pole. The vehicle may also be forced into another lane, causing it to be struck again by other cars.
- Rear-end collisions
When the vehicle traveling behind a vehicle collides with the back of it, this can also cause the head and neck to suddenly jerk forward, increasing the risk of brain injury. However, the impact of a collision can also cause loose objects in the vehicle to strike motorists in the head, which could cause a brain injury.
Any penetration of the skull by a foreign object or blow to the head has the potential to cause a significant brain injury. If you’ve been injured in a car accident, you should seek medical attention as soon as possible after the event. Unfortunately, a brain injury victim’s symptoms are misdiagnosed often, due to their inability to be distinguished from other injuries. It is essential that you seek competent help from a medical provider to help to diagnose and treat your brain injury, as brain issues can easily lead to long-term problems.
Proving the Negligent or At-Fault Driver’s Liability for the Crash
If you’ve suffered a brain injury or other injuries in a car crash, your attorney must establish that the other driver is liable for your harm. The other driver’s insurance company will have attorneys who are prepared to prove that the accident wasn’t their client’s fault, so you will need a competent, experienced, qualified, and highly knowledgeable car accident lawyer in Minneapolis, MN on your side. Schedule a consultation with a car accident lawyer today.
Thanks to Johnston | Martineau, LLP for their insight into personal injury claims and car accidents involving brain injuries.
July 7, 2019
Trucking Accident Lawyer
The truck driver involved in a gruesome crash in New Hampshire that took the lives of seven motorcyclists and injured others has just been charged with seven counts of negligent homicide, reports USA Today (https://www.usatoday.com/story/news/nation/2019/06/24/motorcycle-crash-truck-driver-charged-crash-killed-7-bikers/1547249001/).
Twenty-three-year-old truck driver Volodymyr Zhukovskyy was arrested in his Massachusetts home by that state’s fugitive apprehension unit for his role in the crash. Zhukovskyy was towing a trailer for hauling cars when he drove into a group of 10 motorcyclists who belonged to the Marine Jarheads MC, a New England motorcycle club composed of Marines and their spouses. According to police, the truck driver crossed a double-yellow line just before striking the motorcyclists.
Initially, new outlets discovered that the 23-year-old had a drunk driving charge just this past May in Connecticut and was also arrested for drunk driving back in 2013 in Massachusetts. However, more research has uncovered that Zhukovskyy’s driving history and criminal record are worse than first reported, leaving many people outraged that he still had a valid commercial drivers’ license at the time of the deadly crash. His license should have been revoked by Massachusetts last month in light of his drunk driving arrest, and since then, a top official with the state’s motor vehicle has resigned over the failure to revoke his license.
In addition to the two drunk driving incidents, Zhukovskyy was in a rollover crash with a truck in Texas. In the same state a few months earlier, he was arrested for having drug paraphernalia on him when police found he had a drug pipe.
His most recent arrest for drunk driving in Connecticut was troubling on multiple levels, with the responding officers reporting that he was jumping outside his vehicle and revving his engine at the time. He also displayed what police deemed as “extreme behavior” and made suicidal comments, which resulted in him being sent to a local hospital for treatment.
According to state officials in Massachusetts, Connecticut did not give them the information about Zhukovskyy’s May drunk driving charge via the correct channels as set out by the driver’s license system for federal commercial licenses. If Connecticut had done so, Massachusetts officials say the charges would have been automatically applied to Zhukovskyy’s license and would have resulted in the suspension of his commercial driver’s license.
Connecticut used the American Association of Motor Vehicle Administrators messaging system to notify Massachusetts of the charge at the end of May, which generated a notice for Massachusetts officials to carry out a manual review of the truck driver’s record. Since they had not done that review by the time of the crash, he was still legally licensed to drive.
The 23-year-old’s history of traffic violations goes back to 2012, when he was just 16 and was charged with driving without a license, speeding, and negligent motor vehicle operation in Massachusetts.
Unfortunately, the system for commercial driving is not without its flaws, and it does allow drivers behind the wheel of a big truck who should never be there. If you’ve been in a truck accident, contact a trucking accident lawyer in Denver, CO for assistance.
Thanks to Richard J. Banta, P.C. for their insight into personal injuries and truck accidents involving smaller cars or motorcycles.
June 24, 2019
Personal Injury Lawyer
Getting into an accident of any kind will not only throw your schedule off for the rest of the day, but it can also cause long-term damage that may result in multiple hospital visits and even physical therapy. When you have been in a personal injury accident, it can be tempting to brush it off, not make a big deal about it, and try to go on with your day, even if you are experiencing some pain. However, the best thing you can do after your accident is to write down notes about what happened. If you choose to pursue a personal injury claim, you want to make sure you have as much detail as possible regarding the accident because it can be easy to forget important things once the shock wears off. Attorneys are here to help you if you have been in a personal injury accident. Below, we give you advice on what you should take note of after your accident to give you a leg up for your claim.
What kind of information should I write down?
Always remember: no detail is too small. Anything can remind you of more details after the accident, so writing down everything you remember is very important.
- What happened? This is an important question to answer when you are writing about the accident. You want to answer questions like “What time was it?” or “Where was I going?” Were you rushing to get somewhere, or were you taking your time? What were the weather conditions like? It is important to note whether you had friends or family with you or if there was anyone around to witness the accident when it occurred. If there were certain noises you heard or things you observed at the scene of the accident (like a blown-out light or a puddle of liquid on the floor), these should be written down as well.
- What are your injuries? This is two-fold. You want to ensure you have personal notes regarding your injuries as well as notes from your doctor. Write down where you were injured, the level of pain, and whether your pain increases or decreases as the days and weeks go on. Do you suffer from anxiety after the accident? Is it affecting your sleep?
- What are your losses? When you work with a lawyer to file your personal injury claim, they will be working hard to get you compensation. To do this, they need to know what your losses are as a direct result of the accident. Do you have medical bills? Six months of physical therapy? Can you return to work? These are all important things to write down.
If you were recently in an accident that caused you to be injured due to someone else’s negligence, speak with a personal injury lawyer in St, Paul, Minnesota. They can help you take notes on the topics above as they begin compiling evidence for your case. Call now.
Thanks to Johnston | Martineau, PLLP for their insight into personal injury claims and writing down information from the accident.
June 22, 2019
Personal Injury Lawyer
A bicycle accident is more likely to cause serious injuries than a collision between two cars. Bicycle riders do not have the protection of airbags and safety harnesses. Most bicycle helmets do not meet the safety standards that apply to motorcycle helmets.
A bicycle rider’s impact with pavement or another vehicle can cause catastrophic head and spinal injuries. Broken bones, joint damage, and facial scarring are common outcomes when cars and trucks crash into bicycle riders.
Road rash, caused by a rider’s flesh scraping against the road, is a painful injury that can be life-threatening if the rash becomes infected. Torn muscles and nerve damage heal in unpredictable ways. Injuries that seem to be minor can cause nagging long-term pain when they are slow to heal.
When Should I See a Doctor after a Bicycle Accident?
Some bicyclists will be transported from the accident scene to a hospital in an ambulance. When a paramedic recommends a visit to the emergency room, an injury victim should always follow that advice.
When an ambulance is not called to the accident scene, bicycle accident victims will need to decide whether and when to see a doctor. Head injuries always deserve medical attention. If a concussion caused a loss of consciousness, a doctor should evaluate the injury immediately. Even when a bicycle rider does not lose consciousness after a blow to the head, the risk of a serious brain injury is too important to overlook.
Concussions can cause bleeding inside the skull, as well as swelling of the brain. Either of those conditions might not produce symptoms until hours after the accident. By the time the accident victim begins to notice a headache, it may be too late to save the victim’s life.
The safest course of action if the crash caused a blow to the head is to visit an emergency room or urgent care physician immediately. If that doctor recommends an examination by a neurologist or follow-up care, make sure to follow that advice.
Any other injury that is causing more than trivial pain should be evaluated by a physician soon after the accident. The fact that you can walk away from a bicycle accident doesn’t mean you don’t need medical care. People can walk with mildly fractured ribs and rotator cuff injuries, but prompt medical attention will help an injury victim avoid activities that will make those conditions worse.
Should I Wait to See If My Injuries from the Bicycle Accident Get Better?
Getting an immediate evaluation and treatment for your injuries is the best way to hasten your recovery. Your doctor is in the best position to advise you whether rest is the best medicine. Muscle and tissue injuries often require physical therapy after a period of rest to encourage a quick recovery.
In addition to maximizing your opportunity to make a full recovery, seeking immediate medical attention is important to your claim for compensation. Drivers who cause bicycle accidents should be held accountable for their negligence. Insurance adjusters, however, look for excuses to avoid paying full compensation. When an injury victim delays treatment, insurance adjusters argue that the bicyclist decided to fake an injury or that the injury was caused by something that happened after the bicycle accident.
Bicycle accident victims also have difficulty obtaining full compensation for injuries if they fail to follow a doctor’s instructions. When a doctor tells an injury victim to see a specialist or attend physical therapy, an insurance adjuster will interpret the bicyclist’s failure to heed that advice as evidence that the injuries were fully healed.
Busy people sometimes neglect to keep appointments with their doctors. Injury victims often stop going to physical therapy because the sessions are painful and time consuming. When they later seek compensation for prolonged pain and suffering, the insurance adjuster might legitimately argue that they made their problem worse by failing to follow treatment recommendations.
Do I Need to Worry About the Statute of Limitations for Personal Injury?
Victims of bicycle accidents in Georgia must usually settle their claims or file a lawsuit within two years of the accident date. Accident victims generally lose their right to collect compensation for injuries if they do not start a lawsuit within two years. That time period may be extended, however, if the bicycle rider was a minor when the accident occurred.
A bicycle injury victim should nevertheless see a doctor well before the time comes to file a lawsuit. Many claims settle without filing suit, but a lawyer cannot settle an injury claim without understanding the full extent of the victim’s injuries, including the likelihood that an injury will cause a permanent impairment or lasting pain.
Seeing a doctor at the earliest opportunity and following up with care the doctor recommends is the best way to assure that an injury claim will settle for its full value. If it does become necessary to file a lawsuit, the victim’s bicycle accident lawyer in Georgia will want to have all the medical records in hand so that the lawsuit can be filed with full knowledge of the victim’s injuries.
Thanks to the Butler Law Firm for their insight into personal injury claims and bicycle accidents.
June 21, 2019
Trademark Attorney in Chicago, IL
When individuals have or create a product, they can get confused about how a trademark actually works. A trademark, in its simplest definition, is an identification of the source of goods or services. It is not the product itself. Take Tide laundry detergent as an example of this. Tide is the maker of the laundry detergent, it is not the actual detergent itself. Often times, however, people come to identify trademarks so closely with the product that they may substitute the name of the trademark for the product. You can obtain trademark rights from actual use in commerce or by registering your trademark with the United States Patent Trademark Office. You can register your trademark through an “Intent to Use” (or ITU) trademark application. Do this before you have any sales; do it when you just thought of the name of your product or idea for example. Many times, individuals will register their trademarks far in advance, before they have even fully developed their product or before they are ready to do sales because it prevents other companies from stealing the idea.
How to Register a Trademark
In fact, many individuals who are looking to trademark their idea will look online and do a search through intent to use trademark search engines so that they are not stealing another individual’s trademark themselves. Searches through intent to use trademark engines are free and publicly available. In fact, Apple products are well known before they release or announce them because they have several trademarks on file for their intent to use trademarks on new gadgets. The best trademarks that you can make are arbitrary and trademarks that do not have a name that has something to do with the product itself. Apple, for example, is associated with computers now but an apple itself has nothing to do with the computers. Remember, a great name is only great if it is available as a trademark. Here are the steps to obtaining a trademark:
- Determine if a trademark is the appropriate intellectual property protection to secure.
- Design the name or logo that you want to be trademarked.
- Identify your goods or services. Think of the broadest category of goods and services that you might use to mark on. Then, narrow it down to avoid conflicting with a previously registered trademark.
- Search the United States Patent and Trademark Office (USPTO) for previous or similar trademarks.
- File an application for trademark and pay the corresponding filing fee.
- Wait approximately 3 months. Be diligent if you have not heard anything within this time frame. Contact the USPTO for more information or an update on your application.
- You will receive a notice of publication from an examiner
- Then you must wait a 30 day period
- If no opposition has been filed after 30 days, you will receive a registration certificate and have your trademark registered.
Contact an Intellectual Property Lawyer
If you have any confusion surrounding registering your trademark, you should reach out to a trademark attorney in Chicago, IL. They can provide insight and aid in the long but rewarding process.
Contact The Law Offices of Konrad Sherinian, LLC for their insight into patent law and trademarks.