Regaining Your Life

3 Things You Must Have Before You Can File A Personal Injury Lawsuit

Posted by on Feb 2, 2016 in Uncategorized | Comments Off on 3 Things You Must Have Before You Can File A Personal Injury Lawsuit

Personal lawsuits are quite common. You might have seen people that you know file a personal injury lawsuit and have a favorable outcome. This might lead you to think if an accident, or dispute you have been involved in should merit a lawsuit. Unfortunately, just because you have been harmed or wronged it doesn’t mean that you have a legitimate lawsuit against the person. Here are a couple things you need to have to make a legitimate lawsuit. 1. The Other Party Had To Have A Duty Toward You One important aspect of a lawsuit is that you have to prove that the guilty party had some sort of duty to protect you. For example, if you were walking on the road and there was large construction hole that wasn’t labeled and you fell in, you might have a lawsuit. This is because the construction crew is supposed to label dangerous areas to protect the public. That is their duty. Conversely, if you were jumping on a neighbor’s trampoline uninvited and broke your arm, then you probably wouldn’t have reason to sue. Your neighbor didn’t invite you on their property and isn’t responsible for your safety, should you assume the risk of jumping on their tramp. 2. There Had To Be Fault From The Guilty Party Second, there had to be some sort of fault from the guilty party. Using the earlier example of the construction hole, there had to be a fault from the construction crew. For instance, if you were texting on your cell phone and fell right in, you weren’t even looking, and there might be a case that you were the one at fault. In addition, the guilty party had to be negligent. If they failed to do anything to protect you, then you might be able to sue. Just because you got hurt doesn’t mean that the other party is at fault. 3. There Had To Be Sustainable Injuries Lastly, there has to be sustainable injuries that you can prove came from the accident. If you fell into a construction hole and didn’t have any injuries, but instead was just embarrassed, you wouldn’t be able to sue. You would need to prove that you were harmed in some way and that the guilty party cost you money in medical bills, lost wages, damages and so forth. These are just a couple things that you need to have to be able to file a legitimate personal injury lawsuit.  For more information, contact a practice like Kiernan Personal Injury Attorneys...

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A Guide To Personal Injury Lawsuits In Illinois

Posted by on Jan 18, 2016 in Uncategorized | Comments Off on A Guide To Personal Injury Lawsuits In Illinois

Personal injury lawsuits are a great way to secure compensation when you have been wrongfully harmed. However, there is a lot of information that you will need to know before you get to court. In fact, many states have exceedingly different (and sometimes even contradictory) laws regarding personal injury lawsuits. To give you a better idea of what to expect if you are filing such a lawsuit in Illinois, here are some guidelines to follow: How Many Years You Have To Sue When filing a personal injury lawsuit against a private party, you have two years to file. However, there are some key exceptions, including when a minor wants to file. If that is the case, then the clock will start counting from the day that the potential plaintiff legally becomes an adult. Comparative Fault Like many states, Illinois believes that compensation should be directly related to responsibility. If you were entirely faultless in the incident resulting in your injury, then you will be awarded the compensation that you ask. However, if you were found to be 30% responsible for your injury, then you will only get 70% of your compensation. If you are found to be more than 50% responsible, you will get no compensation whatsoever. Damage Caps Fortunately for you, there are no damage caps in Illinois as the situation currently stands. You may pursue any amount of damages, economic, non-economic, punitive, or otherwise. That being said, you don’t want to ask for an exorbitant amount of money, because that could paint you in an unfavorable light. Car Accidents There is an at-fault system when it comes to car accidents, which means that you have several options for getting compensation. You can sue the offending party, pursue a claim with your own insurance company, or even pursue a claim with the insurance company of the other driver in the accident. If one option does fail, you can go with another. However, you might want to start with the harder option (a lawsuit), since that won’t reflect too poorly on an insurance claim that you file later. However, a failed insurance claim could hurt your chances with a later lawsuit. Legal Services To help you create a solid lawsuit, you should consider consulting a lawyer, like those at Richard Glazer Law Office. You don’t necessarily need to hire, but their insight into your case could give you a good idea of the damages you should pursue and the evidence that you should...

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Avoid These 3 Mistakes In Your Personal Injury Claim

Posted by on Jan 6, 2016 in Uncategorized | Comments Off on Avoid These 3 Mistakes In Your Personal Injury Claim

Being injured in a car accident can be frustrating and overwhelming. There are a lot of different things you have to worry about. From getting your injuries taken care of, to dealing with the auto insurance company, to get your vehicle repaired, it seems like the process never ends. However, that doesn’t mean you should settle for less than you deserve in an attempt to get your case done and over with. Here are a few mistakes to avoid when dealing with your personal injury claim. Not contacting the police department. After being in an accident, you need to contact the local police department to file an accident report. This is a crucial step in being able to claim your injuries from the accident. The police officer will write down details about the accident and gather information to substantiate what you claim happened. If the other party tries to deny their responsibility in the accident, you can use these reports to protect you and make sure your story doesn’t go untold. Providing a statement. One of the worst things you can do is to give the insurance company a statement without having your attorney present. Giving a statement to the insurance company too early could end up damaging your claim for compensation. Many individuals will claim they weren’t injured in the accident, only to end up finding out down the road that their injuries are more involved than they think. Injuries can take some time to show up. Insurance adjusters know this and will often use this to their advantage when trying to get information from you. Your lawyer will let you know when to talk to the insurance company. They will also advise you of what questions to answer and what ones to avoid. Not going to the doctor when you should. You need to seek medical advice about your injuries and the recovery process as quickly as possible. Missing out on crucial doctor appointments could end up coming back on you down the road. A doctor will make sure you get the treatment you need, while providing you with documentation that you can turn in to your insurance company. By not making one of the mistakes above, you can make sure you get the compensation you deserve in the shortest amount of time possible. If you are ever in doubt about what you should or shouldn’t be doing, talk to a licensed professional today, such as those at Stapleton Law...

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3 Things You Need To Do After Your Bankruptcy

Posted by on Dec 22, 2015 in Uncategorized | Comments Off on 3 Things You Need To Do After Your Bankruptcy

When the bankruptcy process is over and you have a clean financial slate, it can be very easy to slip into old habits that led you to the bankruptcy in the first place. Therefore, when your debts are finally discharged, it is important to take stock of your finances and make changes that can give you a good financial future. Here are some things to do after your bankruptcy. Honestly Assess Your Current Financial Situation If you’re like many people, you did not expect to go bankrupt. You might have thought you had everything under control. However, it is possible that you were just unable to control your expenses in relation to your income. You might be able to prevent another bankruptcy in the future if you take time to sit down and be honest with yourself about your financial situation. If you were able to keep your house after the bankruptcy, for instance, you might want to remain there–but can you comfortably afford to keep making mortgage payments? Do you know exactly how much money you spend on coffee and take-out food during the week? Would a second job help you to pay your bills? The answers to these kinds of questions can help you take the right actions so you can avoid another bankruptcy. Regularly Deposit into a Savings Account One of the reasons you might have gone into bankruptcy is that you had a financial crisis of some kind and did not have enough in savings to bail yourself out. That’s why it is vital that you start building a financial cushion for yourself by putting money into a savings account. Even more important than the savings account itself is your commitment to regularly depositing money into that account. Take a certain amount of money from your paycheck every pay period and put it into savings. Some saving accounts can automatically debit your checking account, so that is something to consider. Be Honest with Others You may be like many people and tend to resist talking about your financial life with your family and friends. If they want to go out for the night, you might go along without telling them that you really can’t afford it. During the holidays, you might want to save face by getting everyone gifts, even though you have to dip into your savings account to do so. However, after your bankruptcy, you need to be very careful about your finances. You may discover that sharing your financial hardships with others can take off the pressure and make you feel better about not spending as much money as you used to. Not only that, but you can get support from friends and family while you rebuild your financial life. They may offer to help you out or spend less on holiday gifts, for example. Use the suggestions laid out above to help you get your financial life in order. Talk with your bankruptcy lawyer for more ideas you can use to move forward in life after your bankruptcy, or visit websites like http://www.glaserebbs.net for more...

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Who Can File A Wrongful Death Suit?

Posted by on Dec 13, 2015 in Uncategorized | Comments Off on Who Can File A Wrongful Death Suit?

A wrongful death suit is filed when a person believes that someone close to them lost his life due to the negligence of another. These suits are often filed when a person is murdered by another, killed by another in an auto accident or dies due to the negligence of a medical professional. These are some examples of those who may file a wrongful death case when someone dies due to the fault of another person.  Immediate Family Members  If the deceased person is married or is a parent, his spouse or children can file a wrongful death suit against the person who caused the death of their loved one. The immediate family members may ask for restitution for the loss of present and future income the deceased person provided for them. They may also ask to be compensated for the emotional pain they now suffer due to the loss of their spouse or parent. The parents of the deceased can also file a wrongful death suit for the loss of their child, even if the deceased person was a legal adult who did not reside with them. Distant Family Members  In some states, distant family members, such as siblings or grandparents, may also file wrongful death suits against a party who caused the death of their loved one. For example, if a child who was being raised by her grandparents is killed in an auto accident that is the fault of another, the grandparents have the right to file a wrongful death suit against the at-fault party. Life Partners And Other Dependents  Some states also allow life partners to file a wrongful death suit against a party that caused the death of their loved one. Even if the deceased person was not married, the life partner may suffer a great financial and emotional loss when their loved one passes away. Other dependents that may also file include step children and former spouses that relied on the deceased person financially. If the deceased person was divorced but paid regular alimony to a former spouse, the former spouse may be able to request restitution for current and future alimony that would have been paid had the deceased person not died. Business Partners  If the deceased person was a co-owner of a business that will now suffer financially, his business partner may be able to file a wrongful death suit against the person who was proven to have caused his death. Depending on the state the suit is filed in, any person who depended on the deceased person financially may be able to seek restitution for the loss. In some states, the parents of a deceased fetus may also file a wrongful death suit against the medical professional or other person they believe caused the death of the unborn child. However, certain states only allow this if the baby was born alive and then passed away after birth. Contact a wrongful death attorney like one from Fitzsimmons & Vervaecke Law Firm for more information or...

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Can You Qualify For Worker’s Compensation For Depression?

Posted by on Nov 26, 2015 in Uncategorized | Comments Off on Can You Qualify For Worker’s Compensation For Depression?

Many people believe that you can only get worker’s compensation if you’ve been physically injured. While the specific case law varies from state to state, you might be surprised to learn that you may qualify for workers compensation for emotional and mental health issues, including depression, provided that the problem was caused by your job. Here’s a look at what you should know about depression and worker’s compensation eligibility. You Can Get Benefits for Depression Although there may have been a period when depression and similar mental health issues were dismissed as something you had to work through, mental health concerns are taken more seriously now by health care providers and others. The law has adapted accordingly in most cases, considering depression to be a qualifying condition for worker’s compensation provided that you can show that it was caused by or significantly worsened by a work-related task. You Can Develop Depression After Physical Injury If you were hurt on the job and found yourself facing a long-term recovery, you might experience some depression problems. This is particularly true if you find yourself isolated during recovery or struggling significantly to get back into the swing of things after your injury has healed. If your depression began after a physical injury on the job, that’s usually a clear connection in the eyes of the courts. You Can Develop Depression Without a Physical Injury While depression following an obvious injury is easier to document and support, depression can also occur without a physical injury to encourage it. In those cases, it’s harder to prove it’s connection to your work. In order to qualify for worker’s compensation in that case, you’ll need to show a doctor’s evaluation that your depression is being worsened by events at work and that your job was the legal cause of your depression. Depending on the state you live in, you may have to show that your work is the sole or major contributing cause of your depression, while in other states it only needs to have a clear effect on your symptoms. Documented patterns of hostile behavior, a negative work environment or other issues may be enough to prove this for your case. Also, working in a high-stress industry or working exceedingly long hours can also play a role. The more you understand about the cause of your depression and how your work affects it, the better chance you’ll have of getting the funds owed to you if your job is the cause. Talk with an attorney like Shoap Law Offices for more advice about your specific...

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How Walkers, Joggers, And Runners Can Prevent Dog Bites

Posted by on Nov 13, 2015 in Uncategorized | Comments Off on How Walkers, Joggers, And Runners Can Prevent Dog Bites

One problem that many walkers, runners, and joggers face is the threat of dogs. Even a well-trained dog can become aggressive in many circumstances. If you exercise daily, it helps to know what you can do to prevent a dog bite. Understanding Why a Dog Might Bite Several factors can cause dogs to attempt to bite you. The dog fears for her pups The dog fears you for some reason You are encroaching on the dog’s territory or space The dog is in pain One of the larger reasons a dog may attempt to bite you is because of a concept called “prey drive.” This term describes how likely the dog is to give into its basic instincts to aggressively chase something down. Even with mild or trained dogs, the build up of that prey drive can cause them to eventually attack. The motion of your exercise can eventually lead to an attack because it works as a trigger for many dogs. For example, if you jog by the same dog every day, a process is occurring you may not be aware of. As you pass, the dog may bark. The dog barks because you’re in its territory, but since you leave the territory during your run or walk, the dog assumes its bark did the job. Over time, this can embolden the dog because it assumes you’re scared of it. The next time you happen by, the dog may want to chase you away rather than bark you away. After that, the dog may want to actively chase you down and attack. This is an example of the prey drive in action. Of course, you can happen across a stray dog with an already high prey drive. In such cases, the chase and attack may happen immediately. Preventing a Dog Bite A dog bite can come with serious consequences that go beyond the bite itself. Preventing a dog bite isn’t always easy, but it’s sometimes possible. Stay calm, don’t run Stay still, no sudden movements Avoid eye contact with the dog Narrow your profile (stand sideways) The key is to let the dog know you’re not threatened by it, but you have to do it in a non-threatening manner. A dog feels you don’t want to fight, and that you’re not a threat, it will usually move on. However, sometimes they do attack. In such cases, there are a few other tips you can use. Give the dog a target – For example, if you have a pouch, backpack, or can get an arm out of a sleeve, let the dog bite that. The dog may be satisfied with what it feels is a piece of you. Meantime you can back away and make it to safety. Curl into a ball – If the dog manages to knock you down, or you fall, then you should curl into a ball. Tuck your head in and place your hands over your ears and neck. Do not roll around. When Prevention Fails It’s not always possible to prevent a dog bite. If a dog bites you, seek medical attention immediately, even if the bite seems mild. Then you need to contact a dog bite attorney to help you figure out where to go from there. Dog bite laws vary from...

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What Can You Do If The Insurance Adjuster Is Not Offering A Fair Settlement?

Posted by on Oct 30, 2015 in Uncategorized | Comments Off on What Can You Do If The Insurance Adjuster Is Not Offering A Fair Settlement?

Negotiations with an insurance company after an accident can go on for months. Unfortunately, the insurance company will try a range of tactics to prevent you from getting the settlement you are entitled to. If you are currently negotiating with the insurance company and there is no resolution in sight, here are some options you have to push for a conclusion to your case. Be Persistent One tactic that an insurance adjuster might use is to attempt to out-wait you. The adjuster might believe that if he or she waits long enough, you will be more receptive to accepting a lower settlement amount. If you believe that is the case, you need to be persistent with your case and let the adjuster know that you are willing to go the distance. You can show persistence by calling and writing the adjuster on a regular basis. With each contact, it is important that you restate what you feel is a fair and reasonable settlement amount. Over time, it is possible that you can push the adjuster to move towards a fairer settlement. Contact the Supervisor If you are unable to get the adjuster to move on his or her offer and you feel that the amount is unreasonably low, you can talk to the adjuster’s supervisor. Ask the supervisor to review the claim and the supporting documentation. You also need to inform the supervisor of your asking amount and explain why you feel that it is warranted. Once the supervisor reviews the file, he or she can make a determination as to whether or not the offered amount should be higher. If so, you can negotiate with him or her. If not, you should consider filing a lawsuit. File a Lawsuit A lawsuit can sometimes push an adjuster and the insurance company to reconsider a settlement offer. Insurance companies know that lawsuits can be costly to fight and there is the possibility that a sympathetic jury could award far more to the plaintiff. When you file a lawsuit, you still have the option to negotiate with the insurance company. In fact, it is not uncommon for settlements to occur on the day of trial. It is because you are the injured person, you have the right to decide which option is right for you. Consult with an experienced attorney like Irene M Rodriguez PA to assess whether going to court or continuing negotiations is the best plan of action for you....

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Workers’ Compensation Insurance: An Assigned Risk Plan

Posted by on Oct 21, 2015 in Uncategorized | Comments Off on Workers’ Compensation Insurance: An Assigned Risk Plan

As an employer, being eligible for workers’ compensation insurance can be problematic. Since most employers are obligated by law to cover their workers for workplace-related injuries or illnesses, it is important to know alternative ways to insure your workers if you cannot afford or obtain coverage from insurance companies. If you are in such a situation, a great option you can pursue is to enter an “assigned risk plan.” This article will seek to explain what an assigned risk plan is and which employers could be suited for it. What is an assigned risk plan? Employers are sometimes unable to meet eligibility requirements for workers’ compensation coverage offered by standard market insurance companies for a number of reasons that increase their risk, in which case they can join a “pool” insurance plan provided by their individual state to ensure they meet statutory requirements for workplace coverage. There are a number of reasons why an employer may find themselves in an assigned risk plan. Here is a look at two common ones. New businesses and small employers Many standard market insurers often refuse to offer a workplace insurance coverage to new businesses that lack a satisfactory loss experience history. Owners of such businesses are often left with no option but to join an assigned risk plan to ensure they cover their employers against workplace related risks. This will allow their business to stay in operation for long enough to generate enough records for a standard insurance carrier to rate their risk history and thus accept them into a standard worker’s compensation plan. Small businesses that employ a small number of employees may also find that their workers’ compensation insurance premiums are lower than what standard insurers will accept, forcing them to rely on an assigned risk plan to cover their workers. Employers whose loss records are no longer acceptable to standard insurers due to high workplace-related injury claims may also have to enter an assigned risk plan. High-risk businesses For businesses whose operations fall within a high-risk industry such as roofing, farming, heavy manufacturing and construction, obtaining workers’ compensation insurance from standard insurance may be daunting, as these carriers are often reluctant to insure against such high risk. Such employers may be placed in an assigned risk plan by their state before they can lower their business risk to an acceptable level, implementing a satisfactory risk management program. An assigned risk plan is typically designed to help businesses with poor payment or loss records, or start-ups whose risk cannot yet be assessed, obtain workers’ compensation coverage temporarily until they can either improve their loss record or reduce their business risk so as to be accepted by standard insurers. An professional attorney, like those at the Law Office of Leslie S. Shaw, can also help you as you search and petition for adequate coverage for your...

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4 Reasons You May Be Denied Workers’ Compensation

Posted by on Oct 12, 2015 in Uncategorized | Comments Off on 4 Reasons You May Be Denied Workers’ Compensation

If you’ve been hurt at work, this can cause a great deal of financial stress in your life. The challenges of getting your medical bills paid and making up missed workdays may simply be overwhelming. You may be able to receive workers’ compensation for your financial losses, but you will need to ensure you meet the requirements for doing so. Knowing specific reasons why your claim may be denied will help you avoid this situation. Reason #1: You waited too long to report the injury It’s in your best interest to notify your employer of the accident immediately after it happens. This will prevent you from being denied compensation for your claim. Additionally, not letting your boss know you were hurt right away could cause the company to question the accident ever occurred. Make sure you get any witness statements if you can. Reason #2: You failed to see the right medical provider Most employers have specific physicians that you must see if you’ve been injured at work. If you fail to go to one of these providers, you may revoke your right to receive compensation. Be sure to talk to your employer prior to visiting the doctor for treatment. Reason #3:  You don’t have documentation of your injury It’s necessary to get medical treatment if you’ve been hurt at work. You must visit a medical provider who will have the records on file to present on your behalf. These will allow the physician to show that your accident at work was the cause of your being hurt and you should receive workers’ compensation for it. Reason #4: You filled out the medical reports inaccurately Your employer will ask you to fill out certain forms for you to receive workers’ compensation. These will ask the details of your accident, and you should only provide accurate answers. Providing false information could cause you to be denied compensation and may even result in penalties that could be filed against you in court. Engaging in fraudulent behavior is one sure way to avoid getting any financial assistance from your employer for your accident. It’s important to do the right things rather than the wrong ones when it comes to being hurt at work and attempting to obtain workers’ compensation. The benefits of doing so will help ensure you’re paid for your losses by your employer. Talk with an attorney, like Law Offices of Terry Katz & Associates, if you experience difficulty in receiving your rightful...

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