Posts Tagged ‘Accidents’

Things to Remember Concerning Car Accident Claims

February 5th, 2010



Have you ever been involved in a car accident? It is important to keep in mind that 90% of car accident cases happen with a human factor. It means that in many cases, one or several of the parties involved in the accident have made a mistake that led to the occurrence of the accident.

Most type of accidents involving cars are collisions.

1. Rear end collisions – the driver who is in the car behind you is usually the one to blame

2. Side collision – typically, this kind of collision happens once another driver ignores traffic rules in crossroads and hits a car on the side.

3. Head on collision – the gravity and severity of damage is calculated by the overall speed of both cars involved. This kind of accidents occurs following bad take-over that is made riskily.

Embarking upon a car accident claim or any type of personal injury claim, for that matter is not all that easy or spontaneous. Before filing a claim, you have to make sure that all necessary and obvious factors are covered in your claim, as well as the hidden factors that could make or break your case.

Here are several of the most important things to have in mind if you are planning to file a car accident claim.

1. Requesting for a car accident claim can only be done if you have nothing, which could pinpoint the blame for the accident to you.

2. When you are sure that you are blameless in the course of the events that led to the accident, next thing to do is to find an expert car accident lawyer to assist you with the procedures of filing your claim.

Even as you have read instructions and several laws about it, do not even consider doing your claim by yourself. If the knowledge you have gained is still lacking, and you attempted to do your claim on your own, then it may be detrimental for your case.

It is even more advisable to find car accident specialists in a car accident law firm, wherein they would have various expertises in claiming for certain car accident scenarios.

3. It may be serious mistake to lay out all of your money and take it with the insurance company. If you fail to get assistance from a lawyer, chances are the other party’s insurance company would extend all its efforts to reduce the amount that you rightfully deserve, up to minimum.

Your lawyer would clear up issues like this, for you. He/she can tell you the specific amount of money that you could receive, what to do to achieve this, what are the things to and the proper way of saying it.

One major advice in dealing with car collision lawyers where you would be satisfied with the outcome is to retain a lawyer on a contingent fee basis. In this case, the no win no fee rule will be implemented and you would not be burdened with costs and expenses without being sure of the outcome.

This is important since if you were injured, your priority must be recuperating and not being bothered with more financial problems of supporting your case.

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

Accident Lawyers – I’ve Been Injured, Now What?

December 1st, 2009



Many victims of serious accidents and assaults don’t know what the first course of action is. You’ll need to seek accident lawyers, but how and where? What information will they need? Here are a few easy steps and tips to help make this process less painful then the accident itself!

1. Create Documentation For Yourself And Your Accident Lawyer.

Take notes and write down exactly what happened before, during and immediately after the injury occurred. Complex cases can take over a year to be resolved and the details of the incident will arise repeatedly. Granted, the last thing you want to do right after you are seriously injured is write about it, but it can often be difficult to remember the particulars of a traumatic experience. Writing the details down will help you remember and keep it fresh in your mind, it will also strengthen your position in a legal claim. Some of the most important things to make a note of are: time and place, weather conditions, any witnesses to the accident, and how the experience made you feel in the moment, emotionally and physically. It’s important to also go into detail about the injuries you sustained, such as physical and mental injuries, what treatments you received (past and future), and any effect these injuries have had on your work, social, and personal life.

2. Evidence Is Key!

It’s important to back up your claim with any physical evidence you can. This will strengthen your legal stance and help your accident lawyer represent you better. For example, if you were in a car accident, take pictures of the cars, property damage, and your injuries. Get copies of the police report and all of your medical records regarding treatment you received for your injuries. If you were injured by a faulty product of some kind, keep it in the condition it was left after the accident occurred. If possible, present any documentation that the product came with as well. These pieces of evidence can mean the difference between winning and losing your case.

3. I Have My Evidence, Now How Do I Find An Accident Lawyer?

Even if your case is crystal clear – that you are just an innocent victim and the other party is at fault, you will still need a strong accident lawyer to present your case in court. So finding the right one isn’t something you should take lightly. When you first meet with an attorney, they will want to gather a lot of information from you pertaining to the accident, your injuries and treatments, and your insurance coverage. Be prepared to answer a lot of questions and to go into detail about your situation. The more you can provide them with, the better the case they can build for you. Try finding a law firm that specializes in Personal Injury Law, so they have a very thorough knowledge of this area and can strongly represent you in court. Be sure to do your research!

By: Stacey C