There are more and more auto accidents occurring on highways all over the world everyday, and the numbers keep rising. Many lives have been stolen thanks to auto accidents, and even more people seriously injured, oftentimes, due to something that could have easily been avoided.
Insurance companies are paying out money faster than ever before, and all of our premiums are rising due to that fact. Of course, where our wallets are the only thing affected, victims of auto accidents often have to deal with long-term pain, debilitating injuries, loss of work, or job loss altogether, and extreme mental anguish due to their physical and financial situations, often caused by meeting a reckless driver on the road.
If you or someone you love is injured by the fault of another driver, then you have the legal right to sue both the person who owns the automobile, and that person’s insurance company as well. To get the best chances of winning and getting the most from your claim, you should seek the advice of a professional accident lawyer, who can tell you exactly how winnable your case is, and how you need to proceed. If nothing else, you will likely have your medical costs paid for, so that you aren’t faced with overwhelming medical debt through no fault of your own. Your accident lawyer may even be able to force the insurance company to reimburse you for your loss of income.
Some auto accidents are caused by malfunctioning vehicles, such as faulty brakes, bad tires, etc, while far too many are caused by other drivers, due to either being under the influence of drugs and alcohol, fatigue, error, or reckless driving. If the auto accident is proven to be caused by a faulty vehicle part, then the car owner can sue the producer of that particular vehicle for poor workmanship. The auto accident lawyer is dedicated to getting you the financial compensation you deserve for being injured by someone else’s hand, whether due to vehicle issues, or just poor judgment.
Many insurance companies try to offer victims settlement payments to try and avoid going to court, especially if they feel they have little chance of winning. Many victims unfortunately fall for this, and end up with very little money, when it is all said and done. Some even go so far as to talk victims out of seeking compensation, making them feel as though they are wrong for doing so. Professional, caring lawyers know how to deal with these companies, and will handle everything on your behalf, so that you don’t have to deal with these scheming, often rude insurance agents and adjustors.
By: Miodrag Trajkovic
Archive for January, 2010
If You Are Injured in an Auto Accident, Call an Auto Accident Lawyer
January 30th, 2010An Accident at Work & A Failed Urine Test (A Virginia Lawyer’s Perspective)
January 29th, 2010
You have had an accident at work. The Employer immediately sends you for a urine test. The urine test registers positive for a drug such as cocaine or marijuana. Does flunking this test mean you “lose” your claim for any compensation?
First, the Employer may well try to deny your claim based on the failed urine test. The Employer will probably back this denial by hiring a physician who will claim the drug found in your urine caused or contributed to your accident.
Second, if the accident occurred as a result of a fall from a height, it may be easy for the Employer to suggest the illegal drug caused a loss of balance or dizziness (that contributed to the fall from the ladder, scaffold, or roof). Even if it is not the sole factor causing the fall, the worker still may lose his/her claim if the illegal drug is merely contributes to the fall.
Third, an illegal drug can remain in one’s system for a long time. This is true even if has been days or even weeks since the drug was used. The unfortunate fact is that the residual drug in one’s system could result in a failed urine test.
Fourth, many Employers also have a policy stating a failed urine test will mean a termination for misconduct. Thus, even if the accident does not result in disability, it could result in termination of employment for misconduct. It does not matter the illegal drug was never used in the work place.
Fifth, the best course of conduct for Workers is never to use illegal drugs; therefore, one would never fail a urine test.
Sixth, but if a failed urine test does occur after an accident, the Injured Worker, must realize he/she is in big trouble. He/she must immediately talk to an experienced Workers’ Compensation Attorney. He/she must not give a recorded statement to the Insurance Company. The Attorney may be able to have your urine test examined by another doctor. Hopefully, the doctor can dispute the Employer’s or Insurer’s doctor giving the Injured Worker a chance at winning his/her claim.
In summary, a failed urine test is no laughing matter and can result in a denied accident claim. The best policy is to refrain from the use of illegal drugs. However, if a failed urine test does occur, then all is not lost if the Injured Worker seeks help right away.
Copyright© 2006, Gerald G. Lutkenhaus. ALL RIGHTS RESERVED
This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
By: Jerry Lutkenhaus
Acts of God – Accident Lawyers Can Still Help
January 28th, 2010
“An Act of God”, in legal terms, usually refers to a force of nature, such as a storm, tornado or hurricane, or floods or winds. There seems to be a misconception about acts of God when it comes to personal injury and property damage. Many people assume that an injury or damage that occurs due to an act of God automatically carries no liability. This is just not the case.
In some incidences, while the damages are directly created by an act of God, the underlying cause is negligence. For example, let’s say a house is built with such substandard workmanship that a typical storm causes it to fall apart. Even though the storm is an act of God, the builder may still be held liable if it can be proven that his inferior building practices were also responsible for the damages.
Another tragic example involves an incident at a summer camp on Long Island, New York in 2004. While waiting for a bus to take him home, a 4 year old boy was killed when a branch from a nearby tree fell and struck him on the head. Questions were raised about whether the property owners had properly maintained the grounds, as the branch had fallen from a tree that was decimated and rotted by carpenter ants. Similarly, the recent tragedy where 4 boy scouts were killed in an Iowa tornado raised questions of liability of the adult leaders in charge of the campout, as severe weather alerts had been issued for the area but the adults in charge did not evacuate or leave the camp grounds.
In cases of injury or damage involving acts of God where negligence may be underlying, it’s always a good idea to consult with an accident lawyer who will help you sort through the questions and will explain your rights.
By: Terri Polk