Regaining Your Life

4 Tips For Filing A Car Accident Claim

Posted by on Sep 30, 2015 in Uncategorized | Comments Off on 4 Tips For Filing A Car Accident Claim

If you have been involved in a car accident, there are many things that you can begin to become stressed about. However, it’s important to stay calm, even from the moment that the car accident has happened. This will ensure that you can gather your thoughts to ensure that you are able to remember all the important details and more. Here are four tips to help you get through a car accident claim and receive the proper amount of compensation that you deserve: Contact Your Insurance Company: Immediately after you have been in a car accident, you will want to contact your insurance company. This will start the process of filing a claim. You are going to have to remember who you talked to and what you said to them. It is important that you provide thorough and factual details that cannot be held against you in the future. If your insurance company asks you to provide a recorded statement, talk to your auto accident attorney first to determine whether or not that is a good idea.  ​Look at Your Other Insurance: Even though you have been involved in a car accident, there are other insurance coverages that you have that can probably help you receive proper coverage. For example, your homeowners insurance may have some protection to offer, as well as your credit card company. Credit card companies often provide their customers with rental car coverage, so be sure to ask about this. Track Your Costs: All costs from medical bills, repair bills, and rental car costs need to be tracked on your end. If you have a difficult time organizing this information, you can bring your receipts to an attorney, like those at Gelman Gelman Wiskow & McCarthy LLC, who will be able to record the information for you and keep track. This information is important for determining what kind of settlement offer is going to be fair. ​Accept a Reasonable Settlement: Eventually, an insurance adjuster will contact you to provide you with a settlement amount. Be sure that you bring this offer to your attorney. You and your attorney can then discuss whether or not it is a fair settlement. If not, you will want to negotiate with the adjuster. If you aren’t comfortable doing this, you attorney can do the negotiating for you.  By following these four tips, you are more likely to receive fair compensation and coverage for the auto accident that you have been involved...

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Medical Malpractice: Do You Have A Case?

Posted by on Sep 18, 2015 in Uncategorized | Comments Off on Medical Malpractice: Do You Have A Case?

If you have suffered an injury at the hands of a medical professional, you may be considering a medical malpractice case.  The Journal of the American Medical Association reports that the third leading cause of death in the United States is medical negligence. Before you file a lawsuit, you need to understand what constitutes medical negligence on the part of your healthcare provider.  What is Negligence? True medical negligence means that your doctor failed to provide a proper diagnosis or treatment. The doctor has to be “reasonably skillful and careful” and meet the “medical standard of care,” which is defined as “the level at which the average, prudent provider in a given community would practice.” Doctors do not have to be stars in their field, but they have to be competent. Did Negligence Cause the Injury? Even if negligence occurred, it might not have caused the injury to you. If you have an underlying illness, it could be hard to prove that what your doctor did or did not do contributed to your condition or injury. For instance, if you have diabetes and end up losing a foot to the disease, you would have to prove that the amputation is a direct result of your doctor’s negligence and not of the disease itself.  Were You Harmed? To win a medical malpractice case, you need to prove that your doctor’s negligence caused you harm. This aspect may be the most difficult to prove. You have to demonstrate that you suffered psychological, physical, or financial harm. Sometimes the damage you receive may not manifest for years, so, at the time of the lawsuit, you may not know what the long-term effects will be on your health. This uncertainty makes estimating lost earnings and potential medical bills difficult.  The Odds Although medical errors may kill up to 200,000 people in the U.S. each year, only a small percentage of these deaths lead to lawsuits and even fewer result in damages being awarded to the plaintiffs.  Successfully pursuing a medical malpractice lawsuit requires that you can prove negligence occurred and that you suffered specific harm from that negligence. Only a professional malpractice lawyer can determine if you have a good case although you can take some preliminary steps yourself by learning the standards used to judge medical malpractice. Although proving your case can be difficult, hiring an expert in the field will give you a much better chance at receiving a settlement.  For more information, go to sites for malpractice...

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Professional Legal Assistance For Your Tractor Trailer Accident Claim

Posted by on Aug 7, 2015 in Uncategorized | Comments Off on Professional Legal Assistance For Your Tractor Trailer Accident Claim

If you’re struggling to recover from physical injuries and vehicle damage due to a collision with a tractor trailer, it is in your best interest to retain the services of a personal injury lawyer who can fight for your rights and help you obtain the compensation you rightfully deserve. Approximately 4 percent of all physical injuries that occur during automotive accidents are the result of collisions with large trucks, with 77 percent of the victims being drivers or passengers of smaller cars or trucks. While accidents can occur for a variety of reasons, the reality is that many tractor trailer collisions are due to negligent truck drivers who are struggling with time constraints or sleep deprivation. A professional tractor trailer accident lawyer is keenly aware of the dangers that average drivers face when sharing the road with big rig drivers, and will work hard to conduct a thorough investigation and file a detailed claim on your behalf.  Attorney Consultation The first step in retaining an accident attorney is to schedule a one-on-one consultation. Depending on the extent of your injuries, you can either meet with the attorney at their office or schedule a telephone or video conference. During the consultation, the attorney will ask you questions regarding the accident and examine any evidence you may have such as medical documents and photos of your injuries. If the attorney believes you have sufficient evidence to proceed with a lawsuit, they will provide you with a legal agreement and advise you on the next steps in the process.  Additional Evidence/Investigation Before your attorney can file a claim or send a monetary demand letter on your behalf, an investigation must usually be conducted to strengthen your case. You can help the attorney by providing them with additional evidence such as photos of the damage to your vehicle, copies of car repair estimates and contact information of individuals who witnessed the accident and are willing to make a statement or speak in court on your behalf. In addition to the information you provide, the attorney may also travel to the scene of the accident in order to assess road or median damage and photograph any visible yaw marks or skid marks left on the road. Yaw and skid marks are essential to collision cases, as they can depict vehicle impact. Your attorney may also interview your witnesses and request additional medical information from the emergency room that treated you or your current physician in order to accurately depict the significance of your injuries.  Filing Your Claim/Demand Letter After the attorney has gathered all of the necessary evidence, they will calculate your expenses and draw up your claim. The attorney will also create a demand letter that states the reason you intend to file a claim and requests a specific monetary amount for your pain and suffering. The claim package will then be served upon the other driver’s insurance company or attorney.  Out of Court Negotiations/Settlement If the other driver’s attorney or insurance company believes you are in the right and their client was liable for the accident, there is a good chance that they will be willing to settle the matter out of court. However, if they feel they have sufficient evidence to contest your claim, you may need to move forward with a...

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How Workers’ Compensation Works

Posted by on Jun 24, 2015 in Uncategorized | Comments Off on How Workers’ Compensation Works

Workers’ compensation is a somewhat complicated legal field, so it can be pretty difficult to figure out how it works. However, it is very important that you have a general understanding of what to do when you get injured at your work. If you don’t pursue a workers’ compensation settlement, then you might not get any reparations at all for your injuries! What is workers’ compensation? Commonly referred to as workers’ comp, this is the legal realm related to individuals seeking financial damages for any harm that they were caused while on the job. It’s an extremely broad field, and can cover anything from being negligently exposed to hazardous chemicals at your work to being injured in a car accident. There are generally a few main criteria that determine whether an injury is eligible for workers’ comp. Were you performing a work-related function? If you get injured while tinkering on a personal project in your garage and claim that the injuries were work-related, then you probably shouldn’t expect to qualify for workers’ comp. However, if you get injured while working at your job in a factory, then you certainly might qualify. Was the injury the fault of the company? In some cases, the injury is the fault of the company, whether it’s due to negligence, incompetence, or any number of other reasons. However, some injuries are due to the fault of the worker and thus are not eligible for workers’ comp. For instance, if a worker has been educated on how to operate a machine and is injured while operating that machine incorrectly, then they probably won’t get compensated. On the other hand, if an employee has NOT been educated on how to operate a machine, yet is asked to operate that machine and is injured as a result, then they may have a solid case. Workers’ compensation vs lawsuits If you’ve seen some of the lawsuit sizes that are thrown around in the media, then you might be wondering why someone would pursue a workers’ comp claim rather than a lawsuit. First of all, you have a much better chance of winning a workers’ compensation claim. Second, a lawsuit can drag on for many months, which can be far too long for you to get the money you need to pay your medical bills. Finally, if you lose a lawsuit, you will have wasted a huge amount of time and money on absolutely nothing. Losing a workers’ comp claim is a lot less...

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5 Case Types That Should Be Handled By A Personal Injury Lawyer

Posted by on Jun 17, 2015 in Uncategorized | Comments Off on 5 Case Types That Should Be Handled By A Personal Injury Lawyer

A personal injury attorney provides representation to a person who claims to have an injury as a result of wrongdoing or negligence by a business or other person. Under any of the circumstances listed below, it’s recommended that you seek help from personal injury lawyers. Cases of Severe Injury As stated in their title, the job of a personal injury lawyer is to handle cases where clients have been injured under certain conditions. The severity of your injury can be concluded from the total cost of your medical bills. This will determine the amount of compensation you may or may not receive towards the end of your case. Incidents of Medical Malpractice Medical malpractice injuries come from problems that have occurred as a result of something done or performed by a licensed doctor, nurse or medical provider. Experienced lawyers should be used in situations like this because laws and legal rules regarding cases like these can be very difficult to pursue. These cases should be taken very seriously, and compensation is dependent on the results of your case and the people who you have the issue with. Accidents that May Occur Whether you have been involved in a car accident or a pedestrian accident, both cases are suitable for a personal injury lawyer. These lawyers specialize in cases where your injury could have been caused by someone else’s inattention. Slip and Fall Cases A slip and fall may seem like something minor; however, it can result in major injuries. Especially depending on the victim’s age, health issues may be a cause for concern. Property owners have a responsibility and legal obligation to keep places safe, so when they neglect that responsibility, they are to be held liable. Of course, every small minor mishap that occurs is surely not a situation where lawyers need to be involved; however, the nature of the case determines its outcome. Libel and Slander Although libel and slander are not physical injuries, personal injury lawyers can be useful in these cases because of the negative impact libel and slander can have on your reputation or career. Think of the impact that negative rumors and gossip can have on your professional career. In order to carry out these cases, most people just need to prove that whatever was being said was false and that there was a financial loss in reciprocation. These are all cases in which personal injury lawyers would be suitable and even beneficial to the victims who are involved. It’s important to know what kind of case you are dealing with, because different lawyers are used for different circumstances based on their specialization. Although personal injury cases are sometimes small and easy to solve, seeking help as soon as possible is the best and safest thing to do if you are involved in a scenario where you may need legal...

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Disability Lawyer: 4 Stages In The Appeals Process & How They Can Help

Posted by on Apr 29, 2015 in Uncategorized | 0 comments

If you need social security disability benefits, and your claim has been denied, it’s always best to consult with a qualified disability law office like the Law Offices Of Russell J. Goldsmith to learn more about your options. An experienced attorney can help guide you through the appeals process to ensure your application is submitted with the best chance for success. Below is an overview of the four different levels of the appeals process and how a social security disability lawyer can provide invaluable assistance along the way. The Reconsideration The first step in the appeals process is what is known as a reconsideration request. Upon denial, applicants have the opportunity to formally request the reconsideration of their claim for disability benefits. Petitions for reconsideration must be filed within 60 calendar days of the applicant’s denial, or claimants will need to file an entirely new application. There are a few states that have eliminated this aspect of the appeal process, although most still require it. ALS Hearing If for some reason your petition for reconsideration was denied, you can follow through on the appeals process and request a hearing with an administrative law judge. This can be a complex process, replete with strict filing deadlines and comprehensive documentation requirements, without which you stand little chance of success. A disability attorney can ensure that you are prepared for this hearing and equip you with the necessary tools to demonstrate your need for disability benefits. Appeals Council Review Following a denial of benefits in an ALS hearing, you may be able to continue your appeal in requesting a hearing with the appeals council review. However, the appeals council is not obligated to review the cases of all those who apply for review. The main difference here is that the appeals council does not evaluate the merits of your claim, although it can award you benefits nonetheless. Instead, its function is to determine whether or not the administrative law judge who presided over your case made an error in his or her determination of your eligibility. If it is determined that your denial was based in error, the appeals council can send your case back to an administrative law judge, or overturn your denial altogether and award you benefits. Federal Court Review If your case was denied for review or altogether rejected by the appeals council, the only further recourse available to you is review by a federal district court. This is without question the most complex component of appeals. A disability lawyer will know exactly what is required if you ultimately decide to pursue the appeals process further, including where to send copies of complaints and summons, as well as important deadlines that affect the outcome. In the end, there simply is no replacement for experienced legal counsel in the appeals process for social security disability...

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What Happens When Medical Malpractice Leads To Wrongful Death?

Posted by on Apr 26, 2015 in Uncategorized | 0 comments

If someone dies due to another’s preventable negligence, it’s possible to press a wrongful death claim on that person’s behalf. If a medical professional performs on someone and it turns into malpractice, that patient can file a malpractice lawsuit. But what happens when medical malpractice leads to wrongful death? Nothing Set In Stone The main problem with answering that question has to do with differing state laws. Each state has its own way of handling wrongful death and medical malpractice claims. This becomes even harder to put together when you realize that many states place a cap on how much someone can receive in damages from a medical malpractice case. At the same time, there are different caps for general wrongful death cases. So what can you do? It’s Medical Malpractice In many places, if wrongful death occurs because of medical malpractice, then it’s usually just considered a medical malpractice case. So if you want to pursue a case on behalf of loved one, it’s best to consider your state’s laws regarding wrongful death due to medical malpractice. This is an important distinction as death from medical malpractice can often turn into two separate types of claims. Wrongful Death and Survivor Actions Now that you know this issue falls mainly under medical malpractice, you can use that to your advantage. If medical malpractice leads to a wrongful death, families receive two avenues of compensation they can pursue simultaneously. Wrongful death statutes – Not to be confused with wrongful death cases in general. These statutes are the ones that are unique to medical malpractice. Through the wrongful death actions, family of the deceased patient can sue the doctor, hospital or other medical facility for much of what comes from losing a loved one. This can include concrete items such as: The cost of the patient’s medical care Funeral and other preparatory costs Loss of future financial support These damages can also include non-physical, emotional, or mental loss such as loss of love and companionship. The list of possible damages vary from state to state, but in general, the wrongful death statutes are for loved ones to receive compensation for all that they lost by losing their family member. Survivor statutes – Survivor statutes are a separate lawsuit for the patient. These claims are meant to act as a proxy for the claim the deceased would have made were he or she alive. This is the more traditional lawsuit as it implicitly includes the patient’s pre-death pain and suffering. You Have to Speak to a Lawyer With so many variances from state to state, it’s important to make sure you get your facts straight. Some states operate in a completely different manner from what’s here. Because of that, it’s imperative that you speak to a wrongful death attorney about your options. Do it as soon as possible, as each state also has varying statutes of...

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3 Common Misconceptions About Car Accident Lawyers Wrecked With Real Facts

Posted by on Apr 7, 2015 in Uncategorized | 0 comments

Just when you feel safe and sound, another driver comes out of nowhere and causes you to be in the middle of an accident that leaves you shaken, injured, and with a damaged vehicle. Even though the insurance company tries to fight against you all the way when you submit a claim, you choose to skip out on contacting an attorney. This is likely due to some common misconceptions associated with car accident attorneys that are not true at all. Here are a few of the most common misconceptions and the truths that will shatter them. Misconception: Car accident attorneys are always looking to make money from your injuries. Fact: It is true that just about any attorney is on the lookout for new cases, but this is not necessarily because of the money. The best attorneys get into law because they enjoy the task of helping others and finding justice. It is not about making money off of your injuries after an accident, but helping you get the money you deserve and getting rewarded when they do with a portion of your settlement. Keep in mind that in the event you do not win a case, your attorney will see no payment in most cases. Misconception: When you do file a claim, you will likely not even speak to the lawyer. Fact: In the beginning phases of filing a claim after any personal injury, you will likely meet with the attorney. This is the only way to know for certain that a lawyer can take on your case. However, after the initial meetings, you may communicate with a legal representative from the law firm. This is mainly due to the fact that attorneys spend a great deal of their time in mediation, trials, and hearings with their clients. Just know that when important dates do roll around, you will be in direct communication with your chosen attorney. Misconception: Car accident attorneys will take up a lot of your time by sending you to doctor’s visits. Fact: When attorneys represent so many cases, it is only natural that they would become familiar with some of the most prestigious and thorough medical professionals. Because of this fact, you may very well be sent to a doctor or two after your claim. However, this is only to ensure you get the best medical evaluations, which will help you in your claim to get what you deserve for your injuries. They may be commonly referred to as ambulance chasers, but the real truth is car accident attorneys are highly trained, professional individuals who are always on the lookout for people who need their help. If you have been injured in an automobile accident, do not hesitate to contact Marquard & Associates or another local attorney who will be on your side until you get what you...

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2 Ways To Ensure That Your Family Is Financially Taken Care Of When You Die

Posted by on Mar 26, 2015 in Uncategorized | 0 comments

Many people wonder what they should to ensure that they are taking care of their family and loved ones when they pass away. This is especially the case for parents who have young children. Luckily, there are many things that you can do to ensure that your children and family are financially secure. Here are a couple things every person should have. 1. An Estate Plan An estate plan is much more than just a simple will. In most states, you can write a will in your own handwriting and leave it in your bedroom drawer and it will be honored in court. However, in order to really take care of your family, you need to put together an estate plan. An estate plan usually consists of a will, trust and powers of attorney. What this means is that in the will you will name a guardian for your minor children. Then the trust will hold all the money. This is for a very important reason. A will must go through a process called probate. This can be long and hard on the family. A trust, however, bypasses probate so that your family and loved ones don’t have to wait to get their money. This can be essential if you are the primary breadwinner for your family. You don’t want your spouse or children without money while they wait for a will to be probated. A power of attorney will name someone to take care of your legal, medical and financial affairs if you become impaired. All of these documents will be written and executed by an estate planning attorney to ensure that when you pass away or become impaired, your family is secure. 2. Get Life Insurance Life insurance is so affordable. There is really no reason that anyone should be without a life insurance policy. The great thing about life insurance is it has a pay on death notice. This means that when you pass away your family can get the money right away. This will help to pay for funeral expenses, pay off any debts, and give them living expenses until they can get on their feet again. Many people do not have the retirement or savings set aside to care for their family long-term. A life insurance policy can be the best way to ensure that your family has enough money to survive. By getting a good estate plan and life insurance, you can be sure that your family is taken care...

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Questions To Consider When Settling A Workers’ Compensation Claim

Posted by on Mar 18, 2015 in Uncategorized | 0 comments

Prior to signing an agreement to receive workers’ compensation benefits, it is important that you have thoroughly reviewed all your options. Issues, such as whether or not settling now is the right decision and if the amount you are getting is fair, need to be settled now. Once you sign the agreement, you cannot change the terms of it. Should You Settle Now? One of the best advantages of signing the agreement now is that you do not have to go to court against your employer’s insurance company. Hearings can be anxiety-filling and time-consuming. You also have the certainty of receiving some form of compensation for your benefits. If you go to court, there is no guarantee that you will win. If you lose, you could be left with no benefits at all. Although these are good reasons to settle now, it might pay to wait. Depending on your state’s laws, when you sign the agreement, you could possibly be giving up your chances of getting compensation in the future if your condition worsens. You would have to pay out-of-pocket of your medical care. If you settle, you could also end up blowing all of your lump sum settlement. This will leave you without a safety net in the event you are away from work longer than you anticipated. How Much Is Fair? How much you ultimately settle your case for depends on the details of the case. Before settling, it is important that you ensure that you have covered all of the possible benefits you can receive. For instance, if you have a permanent disability as a result of the injury you suffered at work, you should receive permanent partial or total disability. Which one you receive depends on whether or not you can return to work. You also need to factor in your medical treatment. If you will need continuing medical treatment for your injuries, your estimated costs of future medical treatment should be added into your settlement. How you handle this particular part of the settlement depends on your state’s laws. Your state might allow you to leave the future expenses out of your settlement and still ask for payment when you receive care. However, some states will not even allow future expenses to be factored in because you can go back and file a new claim with the insurance company. There are many more issues that need to be considered before you receive your settlement check. Never sign an agreement without first discussing it with your attorney. Doing so could cost you a fair settlement. Talk to experts like Franco Law Firm for more...

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