If you decide to bring a personal injury claim to court, you need to know all of the steps necessary to accomplish this, and be sure that you cover all your bases. First, you’ll get a lot of advice from well-meaning family and friends. Unless one of them is an attorney who is well-versed in the intricacies of personal injury law, you should probably thank them politely and seek guidance from a more qualified source. Here are a few guidelines to help you get started on the path to figuring out how to proceed with your personal injury claim.
If you’ve been injured, you may be reluctant to engage a personal injury attorney. Many people feel they can navigate the process without professional help. Personal injury law encompasses a broad array of circumstances, and there may be occasions when you could handle a claim on your own, either through an insurance company or small claims court. In most situations, however, you would be well advised to seek the counsel of a qualified legal professional.
If you’re involved in any kind of an auto accident, there are certain rules you should always follow. Some of these rules are required by law, others are there to protect your legal rights. It doesn’t matter whether you’re in an auto accident, a bicycle accident, a motorcycle accident, or are hit by any one of them while walking down the sidewalk as a pedestrian. These rules apply in all situations.
Of the more than 40,000 people who died in 2016 on the nation’s roads, almost 5000 were involved in motorcycle crashes, according to the Insurance Institute for Highway Safety. Motorcycle deaths accounted for 13 percent of all motor vehicle crash deaths and were more than double the number of motorcyclist deaths in 1997. For motorists, the failure of a driver to see a motorcyclist in traffic is often the primary cause for an accident, and when motorcycles crash, their riders lack the protection of an enclosed vehicle, so they’re more likely to be injured or killed.
For most teenagers, getting a driver’s license is a major right of passage. It’s exciting, exhilarating, and offers most a lot more freedom. But with this privilege, and this new freedom of movement, comes a huge new set of responsibilities. Sometimes, teen drivers abuse this privilege, resulting in disaster for themselves and sometimes even others.
Wrongful death claims are brought when an individual is believed to have died as a result of negligence on the part of others. The actions that brought about the negligence can be the responsibility of an entity or a person, but with so many guidelines determining exactly what constitutes a legitimate claim, how can you be sure that you have a case?
New Years resolutions … many of us make them, but not many of us manage to keep them. We have a couple we’d like to suggest that you add to your list for 2018. They’re not traditional New Year’s resolutions, but we think they would be worth your time and effort and might save you or a loved one, or even a total stranger, from harm and/or liability in the coming months and years.
Many commuters prefer to navigate California’s busy highways on motorcycles due to their maneuverability and fuel savings. Often motorcyclists will take advantage of the ability to “split lanes” and drive between two lanes of stopped or slowly moving cars, commonly a feature of rush hour traffic. To the surprise of many, lane splitting was formally made legal in California in January 2017.
Larry, Rob, Mara and Aslin, and the entire staff at The Mandell Law Firm, would like to wish a Joyous New Year to all of our readers, friends and clients. We hope you have a safe and prosperous 2018, and that you do not require our services in the coming year. But, we’re here for you if you do.
Larry, Rob, Mara and Aslin, and the entire Mandell Law family would like to wish all of our readers, friends and clients a very Merry Christmas and the happiest of holiday seasons. Be safe. Be warm. And be kind to one another.
Being in an automobile accident is never fun. But being in an automobile accident with someone who is not insured can be a nightmare. Now, you’re in the position of trying to recover at least a portion of what is rightfully owed to you from someone who is not likely to pay, even if you win a judgement in court. What do you do?
While modern technology has made childbirth safer, birth injuries and deaths remain risks for both mother and child. Birth injuries can be caused by a variety of factors, some of which are simply the unavoidable consequences of childbirth. However, some injuries are caused by an error or negligence by a doctor, nurse or hospital. In 2006, nearly 157,700 potentially avoidable injuries to mothers and newborns occurred during childbirth. Such injuries can lead to a lifetime of care and expenses for which a family may be ill-prepared and unable to afford.
Texting while driving is a form of distracted driving that results in far too many catastrophic injuries and deaths. While the connection between liability and driving while texting is clear, it may seem far-fetched to impose liability on the person sending a text to a driver from miles away. Yet that is just what a New Jersey appeals court ruled in 2013 and other states are following their lead.
Acetaminophen is one of most commonly used medications in the United States, found in many over-the-counter (OTC) pain and fever remedies. However, approximately 56,000 people are sent to the hospital for acetaminophen overdoses each year, resulting in 500 deaths. In fact, acetaminophen overdose is one of the most common poisonings worldwide and can lead to liver failure or death, according to the National Institutes of Health.
A bicycle accident may be anything from a minor tumble to a serious life-altering, even life-threatening event. Do you know what to do if you’re involved in one. Every day, bicycle riders put their lives on the line while riding. As a result, they often become injured by automobile drivers who aren’t paying attention.
Sleep is an important component to a child’s development, but one that can present unique dangers if certain precautions are not taken. Small children are susceptible to a variety of risks due to their smaller size, including suffocation, choking and the unexplainable Sudden Infant Death Syndrome (SIDS), the leading cause of death for infants in the first year of life. Similarly, smaller children may be subject to choking and suffocation hazards in their sleep. A safe sleep environment is the best protection against these tragedies.
When a physician deviates from the applicable standards of care that other physicians would exercise under the same circumstances, this is potentially a case of medical malpractice. Annually, thousands of patients are injured, and even die, due to complications and negligence that result from errors in treatment.
Personal injury attorneys generally accept cases on a contingency fee basis, which can be helpful for those short of cash who need to file a lawsuit. In these types of cases, a lawyer’s fee is “contingent” – or dependent – upon a successful outcome for the client. The lawyer will only be paid if he or she is able to negotiate a monetary settlement or win a judgment on the client’s behalf. This means that clients typically do not have to pay attorneys up front in order to hire them, and there should be no attorney fees in personal injury cases where the plaintiff does not receive compensation.
According to a recent study by the Journal of Patient Safety, as many as 440,000 people die from preventable medical errors each year, a figure more than 4.5 times higher than 1999 estimates published by the Institute of Medicine (IOM). These findings now make preventable medical errors the third leading cause of death in the United States, with only cancer and heart disease killing more Americans.
Thousands of children are injured as pedestrians in traffic accidents each year. According to Safe Kids Worldwide, in 2015, 456 child pedestrians died as a result of motor vehicle collisions. This represents a rate of less than 1 child per 100,000 children, and despite the downward trend in the fatality rate over the past 20 years, there has been a 13 percent increase among teenagers since 2013. In 2014, over 40,000 children suffered a non-fatal pedestrian injury. Not surprisingly, pedestrian safety for children has become a topic of renewed study.