Posts Tagged ‘Accident Lawyers’

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

Prepare for the Worst – Being Ready for Collisions or Other Accidents

January 10th, 2010



Almost no one would ever think of being involved in a car accident. When you are enjoying life and manifesting it by loving your car and taking it out frequently for every errand outside your home, being in an accident is simply unthinkable.

Actually, only a fraction of the hundreds of thousand people who becomes involved in an accident is intentionally aggressive and careless, irresponsible drivers. Many are actually safe drivers but still, they find themselves looking for lawyers to handle their claims and litigations after being victims of different types of car accidents.

In psychological terms, it is quite hard for people to be “prepared for the worst.” Many optimistic types of persons always say that they “hope for the best” but nothing about being prepared or ready for the worst.

Accident lawyers, through their years of experience, have spent some time in identifying and studying the issues related to managing risks and the lack of it, for quite many in the country’s population.

Of all people, accident lawyers are best qualified in knowing that it would be best for all us to learn to continuously “hope for the best” but still leave enough thought to “plan for the worst.” They have experience encountering many safe drivers who become innocent victims of careless ones. In addition, they have the wealth of experience in investigating how and why these incidents have happened and what should have been done to prevent it from happening.

From this, they are the best ones to know that there could have been means and steps that can be taken in order to have the accident not happen. First, we should all learn to think at least a little about unpleasant things and take time to plan in preparation of it.

Here are several things to prepare in case a crash or collision accident or other types of automobile accident would happen to you. Remember, it never hurts to be always ready for the unexpected.

- As much as possible, do not let your insurance lapse. It is a measure of being prepared by keeping your insurance updated.

- Always remember to carry the insurance information and other pertinent documents of your car. You can keep your updated insurance card in the glove box of your car. In addition, keep your automobile registration along with it. Foremost, do not forget your driver’s license.

- Consider having an accident kit to keep in your vehicle. The accident kit usually contains pre-loaded 35mm film camera, pencil and notepad, yellow chalk or pencil for marking things and measuring tape.

- Keeping pertinent information or wearing medical tag can be a great help. In case you become unconscious in an accident, you can easily be identified. Your family members, other relatives or church can be identified and be notified about your accident. You can also list down medication allergies.

- Aside from an accident kit, consider having food, water, first aid kit, and emergency cash to keep in your car.

- Have reflective triangles or flares in your car, too.

- Items in preparation for certain types of weather would also be useful, just in case. Keep some blankets and shades in your car’s trunk.

These are but simple and practical reminders that will make you be ready for whatever accident and help keep it from turning into such a nightmare.

By: Carla C. Ballatan

Accident Lawyers – Who’s to Blame in a Construction Site Injury?

January 9th, 2010



Construction workers are exposed to a variety of hazardous situations and circumstances on a daily basis- giving construction workers a greater risk of injury on the job than any other employee in any other industry in the United States! Because of this, New York State developed a separate set of laws for construction sites and related injuries.

What Are Some Types Of Construction Site Injuries?

There is a seemingly endless list of things that can go wrong on a construction site because by nature, they are a dangerous place to be. Here are a few common injuries:

• Falls
• Scaffolding accidents
• Injuries because of defective machines/equipment
• Electrocution
• Fires and explosions
• Severe cuts
• Welding accidents

This is just a small sampling of the many things that can go wrong on a job site.

So What Happens If I Do Get Injured?

The first thing you need to do is document what happened and the conditions that caused it. In this sense, a construction site injury is much like any other. The better you keep track of the events and how they occurred, the better chance you have of being compensated for your injury. A few things you should take note of are:

• Where the accident occurred
• What was the weather like?
• Were you using any kind of equipment that caused the injury?
• Who was nearby?
• What did they do? What did you do?
• Was there an equipment malfunction?

Write down every aspect of the event. Your Accident Lawyer will need all that information. It will help them build you a stronger case!

The next thing to do is to get a good lawyer. In these cases, you want someone who has experience with accident law, seek a firm who specializes in it and you’ll get better results. Not seeking an experienced lawyer is a serious mistake. You’ve been injured, it’s not your fault, and you need to be compensated. It’s that simple.

Construction site injury lawsuits are not cut and dry- there are a number of people who can be held accountable for your injury. Most people feel that because of worker’s compensation laws you are unable to file a lawsuit. This is partially true. Typically these laws prohibit you from suing your employer, but don’t forget they are not the only ones at fault. Third-party contractors, property owners, and equipment manufacturers can all be held accountable for the injuries you have endured. Workers compensation laws do not prohibit you from recovering losses from these parties.

So How Do I Know Who Is At Fault?

New York State is very protective of construction workers, so in this case, the law is definitely on your side. It is the responsibility of the property owner and general contractor to keep the site safe and to ensure safety for all its workers. In some cases, even the subcontractors are held responsible. If an unsafe environment caused your injury, those are the first people to look at. They can also be held accountable if they provided you with defective or unsafe equipment to work with. In the event you were injured by a malfunctioning tool or piece of equipment, the product manufacturer can also be held responsible.

What to Seek In a Lawyer Specifically

Again, the very best thing is to find a law firm who specializes in personal injuries and who has experience with construction site lawsuits. You will need someone who is familiar with the separate set of laws in place strictly for construction site injuries.

Other Things You Should Know:

• The only way to know if you have a case is to seek advice from a knowledgeable attorney with experience. Don’t just assume you don’t have a case, talk to a lawyer first.
• You can’t know exactly what your case is worth until you talk to a lawyer, however the law allows you to recover your full loses, including lost wages, medical expenses, and pain and suffering.
• Every case is different when it comes to how much time you have to file your claim. This time frame is called the Statute Of Limitations. The sooner you file your claim the better. Don’t delay.

By: Stacey E. Crevoiserat