for gmb posts short law for Carabin shaw- Road Defects / Insurance Disputes / Back & Spinal Cord Injury / Wrongful Death / Medical Malpractice / Business Tort / Construction Accident / Motorcycle / Truck / Mesothelioma / After Accident / Cell Phones / Personal Injury / Motorcycle / Bicycle / Car / Slip & Fall Accidents – gtg

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Highway Defect Liability
San Antonio Highway Defect Liability Attorneys
The San Antonio law firm of Carabin Shaw represents individuals and families who have suffered losses in accidents caused by design flaws or negligent maintenance of a street, road, or highway.
One common type of road design flaw that can lead to serious accidents is road shoulder drop-off. If a driver should happen to leave the roadway and attempt to get back on, a large drop-off from the roadway to the shoulder can cause the driver to lose control of the vehicle. In the worst-case scenario, the driver crosses the center line and runs into oncoming traffic. Another type of roadway defect is water pooling on the roadway. Water pooling may be caused by defective highway design or by nearby construction activity that causes water to drain onto the road. Water pooling leads to hydroplaning of the vehicle’s tires, which causes the driver to lose control. Other examples of highway defect or neglect of maintenance cases may include potholes, uneven pavement, lack of signs, failure to install guardrails or objects left on the roadway. For examples of successful cases we have handled, see Victories.
If you or a loved one was injured in an accident that was caused by the condition of the road, the most important thing you can do is to hire a lawyer immediately. We know from experience that the Department of Traffic (DOT) crews are quickly dispatched to the scene of fatal accidents. If evidence of the defect or lack of maintenance is not preserved through photographs, the road will be fixed and you will lose the evidence you need to prove your case.
Take up the fight. Contact a veteran personal injury lawyer at Carabin Shaw.
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Insurance Disputes
Veteran San Antonio Insurance Disputes Attorney
The San Antonio law firm of Carabin Shaw represents individuals and businesses whose insurance claims have been wrongfully denied by their carriers. We limit our insurance disputes practice to helping those who have losses in excess of $100,000 in cases such as:
Long-Term Disability (LTD) claims
Life Insurance claims
Business losses
Homeowner claims
Property claims
Losses resulting when an insurance company refuses to settle an accident or other personal injury claims
There are several ways an insurance company can exercise bad faith in refusing to pay a claim. If your insurance disputes attorney is able to prove bad faith on the part of the insurance company, you may be eligible to receive additional damages beyond the amount of the denied claim.
In any insurance disputes case, the most important thing you can do is contact a lawyer immediately because time deadlines may be running out. In the case of a denied LTD claim, our insurance disputes lawyers have a great deal of experience in working with medical experts to prove your case in court.
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Spinal Cord Injuries
Veteran San Antonio Personal Injury Attorneys
The San Antonio law firm of Carabin Shaw represents individuals and family members in cases involving spinal cord injury and paralysis resulting from auto accidents, surgical errors, and other causes.
The true economic cost of a spinal cord injury can be millions of dollars in lost wages, medical services, and medical technology. Victims with spinal cord injuries will need home renovations, nursing care to provide repositioning, special vehicles, wheel chairs, and many medical care products such as catheters and shower chairs. It helps to have an experienced personal injury attorney by your side who understands the legal system and can put together all of the pieces of your case to maximize your opportunity for recovery.
If you have suffered a spinal cord injury, there will be a period of time in which you will be devastated. However, it’s important to remember that your life is not over. It is just beginning in a different way. San Antonio has tremendous resources for treatment of victims of spinal cord injury. The Shepherd Spinal Center is considered one of the best rehabilitation facilities in the country. Many of the clients we have represented in spinal cord injury cases have gone on to enjoy successful careers, successful marriages, and families. They are happy.
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Wrongful Death
Veteran San Antonio, Texas Wrongful Death Lawyers
The San Antonio law firm of Carabin Shaw represents families who suffer the emotional devastation of losing a family member due to auto accidents, medical malpractice, nursing home negligence and other causes.
Dealing with the death of a father or mother or child requires all of a family’s energy and efforts. In addition to the emotional loss, the families face tremendous financial problems. As wrongful death lawyers, we remove the legal aspects of the wrongful death claim from the sphere of the family’s attention so they can focus on what is really important in terms of healing and coping.
Wrongful death cases typically yield two different claims. The first is a claim that can be brought on the part of the family member for the full value of the life of the decedent. There is also a claim on behalf of the deceased person’s estate for medical expenses and pain and suffering occurring prior to death, for funeral expenses after death, and for punitive damages, if applicable. Proceeds of the wrongful death claim must be distributed according to law. Any proceeds from the claim on behalf of the deceased person’s estate would be distributed pursuant to a will of the decedent, or if there is no will, according to law of intestate succession.
Our wrongful death lawyers will assist your family in appointing a representative of your loved one’s estate and with all probate matters involved in distribution of any proceeds from the wrongful death claim. In appropriate circumstance, we work with structured settlement brokers and can refer you to financial advisors to make sure, if we are successful, that your family is well taken care of forever.
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Medical Malpractice
Veteran San Antonio Medical Malpractice Lawyers
Many states recently passed tort reform that severely restricts the rights of medical malpractice victims. The new law makes it more difficult to prove medical malpractice. It also caps the amount of noneconomic damages that can be recovered by plaintiffs for injuries caused by medical malpractice.
Because of tort reform, many victims of medical malpractice will be unable to find a lawyer to take their case. However, the San Antonio law firm of Carabin Shaw will continue to represent the individuals and families who suffer serious losses such as:
Birth injuries, such as cerebral palsy
Surgical errors, which may result in spinal cord or other types of serious injuries
Failure to diagnose life-threatening medical conditions, such as meningitis, encephalitis, cancer, and myocardial ischemia (heart attacks)
Use of tainted human tissue implants or bone grafts causing infection, disease or death
Wrongful death
Our firm has extensive experience in representing victims of medical malpractice and medical negligence. Our attorneys began their careers defending doctors and hospitals in complex malpractice cases. Today we limit our medical malpractice work to representing injured people.
Due to our experience with tort reform legislation, our medical malpractice and birth injury attorneys have a good understanding of how to avoid the pitfalls of tort reform.
If you or a family member are a victim of medical malpractice or other negligence, please contact us.
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Business Torts
Veteran San Antonio, Texas Business Tort Attorneys
The San Antonio business torts law firm of Carabin Shaw represents businesses that have been wronged and must seek redress through the legal system. We represent businesses in cases involving:
Breach of contract
Fraud claims
Partnership disputes
Loss of business opportunities
Breach of fiduciary duty
Royalty disputes
Licensing disputes
Insurance bad faith
Our business torts law firm is unique in that we are willing to share the risks of litigation through our contingent fee system. Many businesses that suffer substantial business losses can’t afford to spend hundreds of thousands of dollars in attorney fees on cases that may take several years to resolve. Due to our contingent fee agreement, our clients can seek recovery of substantial business losses without the fear of ongoing litigation expense. Instead, our law firm will advance the cost of litigation and be reimbursed only when the case settles or is tried to verdict. If your case is not won, we will bear the costs of litigation. We are also open to blended fee arrangements that include a reduced hourly rate and a contingent fee component.
Since we will advance the cost of litigation, we select our business torts cases carefully based upon merit and value. Typically, we only handle cases when the damages are likely to exceed one million dollars.
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Construction Litigation
Veteran San Antonio, Texas Construction Accident Attorneys
Many injuries occur on construction sites. The San Antonio law firm of Carabin Shaw represents individuals and family members in cases involving:
Use of heavy equipment
Falls
Heavy objects falling on workers
Trench cave-ins
Unsafe working conditions
We concentrate on helping individuals and families who face the most serious losses, such as burn injuries, spinal cord injuries, brain injuries, and wrongful death.
Many construction accident injuries happen because the general contractor fails to create an adequate safety plan to prevent injuries in a dangerous work environment. Injuries may also be caused by an employer’s willful violation of Occupational Safety and Health Administration (OSHA) rules.
In addition to injured workers and their families, our construction injury lawyers represent people who are not involved in the construction but are injured because of construction activity. In one of the cases we handled, we obtained a $2,050,000 settlement for a client who lost her leg in a motor vehicle accident that was caused by excessive storm water run off from a construction site.

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Motorcycle Accident Attorneys
San Antonio, South Texas

What a thrill it is to ride down the road on your motorcycle. You have the wind in your hair and the freedom of the open road. Many motorcyclists consider it their hobby and spend quite a bit of money fixing up their “rides”.

Sadly, other motorists don’t always see the motorcycle and cut them off during a lane change or turn causing an accident. Injuries sustained by the motorcyclist during an accident can be severe, even if they are wearing protective gear. Motorcycle accident injuries can include:

Severe cuts (road rash) and bruising
Broken bones
Concussion
Brain injury
Death
In addition to physical injuries, there is the damage done to the motorcycle. Repair costs can be very expensive depending on the type of motorcycle and how it was equipped.

The experienced Texas motorcycle accident attorneys at Carabin Shaw will investigate your motorcycle accident claim and help you get the compensation you deserve.

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Medical Malpractice Attorneys

Medical malpractice is any form of negligence on the part of a medical practitioner that causes injury or death to another. It is not just for major errors such as a surgeon leaving a medical instrument in a patient during surgery. It can include errors in medication, as well. General categories of medical malpractice include:

• Failure to Follow Accepted Procedures (Substandard Care)

• Failure to Diagnose Cancer

• Surgical Errors

• Birth Injuries

With a medical malpractice claim, a lawsuit can be brought against any of the medical practitioners involved and, in some cases, against the medical facility.

If the medical malpractice occurs in the emergency room, the standard of care may be defined as “reckless disregard” instead of negligence. However, the same guidelines apply.

The experienced medical malpractice attorneys in our officer will review your claim and help you get the compensation you deserve.

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18 Wheeler Accident Lawyers

If you’ve ever seen an accident involving an 18-wheeler, you know how extensive the damage can be. Many times, lives are lost and severe injuries result from these truck accidents. Also referred to as semi-trucks, tractor-trailers and semis, 18-wheelers weigh thousands of pounds – whether empty or full. In many cases, the trucks are being driven cross-country. Whether the driver is distracted, falls asleep at the wheel or just isn’t paying attention, these massive 18-wheelers have enough power to damage the strongest of structures not to mention other vehicles on the road.
18-wheelers are also known for losing tread from their tires. When the tread is thrown from the tire, it can cause accidents as other vehicles swerve to avoid the tread or get hit with the tread.

That is where our experienced 18-wheeler truck accident lawyers can help. We know how to deal with trucking companies and will get you the compensation you deserve.

WHAT TO DO IN CASE YOU ARE IN AN ACCIDENT

THINGS THE INSURANCE COMPANY DOES NOT WANT YOU TO KNOW

If you or a loved one been involved in an 18-wheeler truck accident, please call our attorneys to schedule your free consultation.

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Mesothelioma is a rare form of cancer in which cancer cells are found in the sac lining the chest, the lining of the abdominal cavity or the lining around the heart. According to the National Cancer Institute, “most people who develop mesothelioma have worked on jobs where they inhaled asbestos particles.”

Although millions of Americans have been exposed to some amount of asbestos since the 1940’s, there are particular fields where there is an increased risk of exposure. Particular fields where workers have increased exposure to mesothelioma causing asbestos include: asbestos miners, shipyard workers, workers in the heating and constructions fields and the producers of other asbestos related products.

If you have been diagnosed with Mesothelioma as a result of Asbestos exposure, you may be entitled to monetary compensation.

If you or someone you know has been diagnosed with Mesothelioma as a result of asbestos exposure, please contact our office.

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Accidents generally happen very quickly; they can be confusing and traumatic events. The combination of confusion, adrenaline, and fear produced by an accident can make it difficult to accurately recall the collision immediately after it happens, as time passes it only becomes more difficult to precisely remember it. As soon as is possible after the accident, you should begin to take notes; fill out a notebook or journal dedicated solely to information regarding your accident and the aftermath.

The most important things to record shortly after an accident are details regarding the accident itself. You should write down things like where you were headed to, direction of travel, speed, and locations and movements of other vehicles; it doesn’t hurt to draw diagrams or add pictures you may have taken. Notes should also be taken regarding weather conditions, road conditions, time of day, and anything you noticed about the traffic around you, particularly the other vehicle(s) involved in your accident.

It is also a good idea to record things that you remember from right after the accident. Write down the names of anyone in the other vehicle(s) involved in the accident along with their contact information and insurance information, vehicle description, license plate numbers, descriptions of damage to all involved vehicles, any injuries mentioned, the names and contact information of any witnesses or passersby who stop to help, and anything that you remember anyone saying about the collision. Don’t be afraid to take pictures of the scene of the accident, including the road itself, damage to vehicles, injuries, or anything else that you think may have been a factor in the accident or was affected by the accident.

If were injured, be sure to write down everything you can about your injury. Describe the injury, keep track of activities that aggravate the injury, record pain levels, and write down any work or social events which are missed as a result of your injury and/or follow up care associated with it. Record information pertaining to any contact you have with doctors and insurance companies. If you suffer any financial losses due to medical expense, vehicle repair, lost work, or anything else resulting from the accident, write down your loses and keep receipts when possible.

Proper documentation can make a dramatic difference in the result of your personal injury lawsuit. By taking the simple steps of recording recollections of the accident, ongoing injuries and losses, and contact with anyone regarding the accident, you can help build a strong case for yourself. If you’ve been injured, contact an attorney today to discuss your legal rights; an attorney may be able to help you receive the compensation you deserve for your injuries.

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Almost everyone has a cell phone. Anywhere you go you are apt to see someone using one, whether they are sitting, walking, or even driving. It doesn’t matter if they are used for business purposes or for personal use, cell phones have added levels of convenience and accessibility which are hard to fully appreciate. But for all the positive aspects of having a cell phone, there are definitely drawbacks as well, being a distraction while driving is one of them.

Cell phone distraction has been a factor in untold numbers of automobile accidents. In fact, cell phone distraction has become such a problem that most states now have some form of restriction on the use of cell phones while driving. For instance, some states require that a hands free device be used if talking while driving, others ban texting while driving, some ban usage by bus drivers and beginning drivers. In some jurisdictions, violating cell phone restrictions is an actionable offense; police officers may pull drivers over if they see a violation.

Recently, the effect of cell phone usage on automobile accidents has been litigated in the court room. In some instances, drivers have been found to be negligent by being distracted by their phones. Taking hands off the wheel and eyes off the road to find the phone, answer the phone, type, or otherwise use a cell phone are all forms of distraction. Even using a hands free device to carry on a conversation and becoming distracted by talking may be enough to show negligence. If cell phone use was a factor in an automobile accident, the owner(s) of the phone and the purpose of the phone usage come into play. For instance, parents may open themselves to liability if they provide a cell phone to their children; businesses may open themselves to liability if they provide cell phones to their employees or if their employees were using a cell phone for business purposes.

If you were involved in an automobile accident and you suspect that cell phone use may have been a factor, contact an attorney today. An attorney may be able to help establish the negligence of the other parties by conducting research, conducting interviews, and accessing cell phone records. Depending on the circumstances, an attorney’s research may even turn up additional liable parties such as employers, allowing you to receive the compensation you deserve.

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Think of all the semis on America’s roadways at any given time. Each year, semi drivers log countless hours, hauling all manner of cargo from coast to coast. Given the sheer volume of semi road-time, semi driver error is unavoidable; unfortunately, this driver error often results in injury. Driver error is a broad term which covers many things: a semi driver who speeds, drives for too long, is under the influence of alcohol or legal or illicit drugs, or otherwise drives unsafely would be considered to have committed driver error. If this driver injures someone, the semi driver, the owner of the semi, and/or the employer of the driver may be liable for the injuries which the driver caused.

Driver fatigue is one of the most common causes of accidents involving semi drivers. Drivers who are fatigued can suffer from delayed reaction times, poor judgment, and general inattentiveness; fatigued drivers often zone out, sometimes actually falling asleep. In fact, driver fatigue is such a problem that there are Federal hours of service rules which mandate that drivers must have a certain number of hours of downtime and may only work for a certain number of hours a day and drive for a certain number of hours a day. Drivers are required to keep logbooks which record their hours of service and can be examined to ensure that drivers are complying with hours of service laws. Regrettably, many drivers give into temptation and purposefully fill out their log books incorrectly or keep two sets of log books- one reflecting their actual hours of service and a false one which makes it look like they are operating legally.

Semi drivers’ use of drugs and alcohol are strictly regulated; trucking companies must give new drivers initial drug tests and administer random drug tests from periodically thereafter. Semi drivers are generally not allowed to have any controlled substance in their system, unless that substance was prescribed by a doctor and can be shown not to affect the driver’s ability to safely perform his or her job. Drivers may, of course, consume alcohol, but they may not have any alcohol in their system while on the job and may not imbibe any alcohol within a certain number of hours before starting work. Even if a driver had a celebratory drink a few hours before he or she is scheduled to drive and did not consume enough alcohol to affect his or her performance, that driver must still wait the requisite number of hours before performing his or her duties.

Driver error happens for many reasons, and often results in accidents which cause injuries. If a person is injured in an accident involving a semi, there is a good chance that the semi driver committed some form of driver error, intentionally or not. However, that injured person may face a difficult task in proving that the semi driver acted in error. Even a well intentioned semi driver may not readily admit that he or she acted in error for fear of keeping his or her job and/or facing legal action. A knowledgeable attorney can help injured individuals prove driver error by scouring medical and test records for anomalies and/or the presence of banned substances and examining documents such as receipts, bills of lading, and trip tickets for evidence of hours of service violation.

Contact Us
The sooner you talk to an experienced personal injury attorney, the sooner you can take steps to protect your rights and get the fair compensation you deserve. Our call answering service is available 24 hours a day, seven days a week, and you can contact us to schedule a free case evaluation.

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Suffering an injury can be a frightening thing. Not only does a person who has been injured have to worry about the injury itself and any possible side effects and lifestyle changes, he or she must also worry about things like lost wages, medical bills, and receiving fair compensation for his or her injury. For those without knowledge of insurance companies and the legal system, trying to figure out how much their injuries are worth on their own can be nearly impossible; occasionally, even experienced professionals sometimes have difficulty arriving at anything more accurate than a “ball park” figure. Determining just how much an injury may be worth may seem like a daunting task, but the more information a person has, the easier it becomes.

In many cases, someone who is injured receives his or her injuries from someone else who was at fault. If the person who was at fault has insurance, than the injured person will have a “claim” with that insurance company. There are certain parts of a claim which insurance companies must generally pay, such as demonstrable: disability, damaged property, income lost due to injury or treatment of injury, medical care and expenses related to medical care. There are also less monetarily quantifiable things which insurance companies pay out for, such as missed family events, social gatherings, and other missed experiences, as well as emotional issues like anxiety, depression, or stress related to or stemming from the injury.

To determine a general dollar amount to begin negotiations, insurance companies use what are known as “damage formulas”. Each insurance company has their own damage formula, but certain aspects of these formulas are the same, no matter the insurer. Generally, a damage formula will start with medical expenses to arrive at a base number. The insurance company will take this base medical number and will multiply it. For minor injuries the base number will be multiplied by a low number, while higher numbers are used for more severe injuries. For instance, if a person incurs $20,000 in medical expenses and suffers no long term lingering injury, the insurance company may use a multiplier of 1.5, arriving at $30,000. Any additional loses, such as income lost due to the injury are added to this number to determine a damages total.

It is important to remember that any percentage of fault attributed to the injured person may reduce the damages total by a corresponding percentage. For instance if a person is determined to have a damages total of $40,000, but is 50% at fault, his or her damages total may be reduced by 50% to $20,000. Keep in mind, that the damages total is only a starting point at which negotiations begin; each injury, medical scenario, and negotiating process is unique and when all is said and done an injured person may receive an amount which is very close to the damages total or which may differ from the damages total by thousands of dollars. If you’ve been injured, contact an attorney today to learn more about claims practices and your legal rights.

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The sooner you talk to an experienced personal injury attorney, the sooner you can take steps to protect your rights and get the fair compensation you deserve. Our call answering service is available 24 hours a day, seven days a week, and you can contact us online today to schedule a free case evaluation.

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Motorcycle riders should always wear helmets, no matter what. Countless studies have conclusively shown that motorcycle helmets increase the safety of the riders who wear them. In some cases, serious injury and/or death could have been avoided by the rider wearing a helmet. Aside from the safety aspects to consider, there are legal and financial aspects to consider as well. Depending on the laws of the jurisdiction in which you ride and the injuries you sustain, your compensation for your injuries may be reduced because of your failure to wear a helmet.

Motorcycle helmet laws vary by state. Some states require all motorcycle operators and/or passengers under the age of 18 are required to wear a helmet while on a motorcycle. Motorcycle operators with an instruction permit are also required to wear a helmet, along with any passengers. Unless you fall into certain categories such as the ones listed above, it is a possibility that an adult operating a motorcycle in may not be required by state law to wear a helmet.

If a motorcycle rider is involved in an accident and receives head or neck injuries, the question of whether the rider took the precaution of wearing a suitable helmet will be examined. If the accident takes place in a jurisdiction which requires riders to wear helmets, the injured rider may have an extremely difficult time receiving compensation for any head and/or neck injuries and may have to show that the injuries would have occurred regardless of the helmet. Even if helmets are not required for the rider, he or she may still have a difficult time trying to receive compensation for head and/or neck injuries, because the safety benefits of wearing a helmet are so well known.

No matter where you live or ride, regardless of helmet laws, you should always ride safely and wear a helmet. Motorcyclists should always abide by state and local traffic laws and keep a lookout for other vehicles and pedestrians. If you suffer an injury, contact a knowledgeable attorney as soon as possible to explore your legal rights and options.

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The sooner you talk to an experienced personal injury attorney, the sooner you can take steps to protect your rights and get the fair compensation you deserve. Our call answering service is available 24 hours a day, seven days a week, and you can contact us to schedule a free case evaluation.
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Chances are you’re a safe cyclist; you know and follow traffic laws, you keep your bike well maintained, wear a helmet, and utilize a combination of reflective materials, bright colors, and lights to maximize your visibility. Even with all of your precautions and safety measures, it is still possible to be involved in an accident with a motor vehicle.

In a bicycle/car accident, liability must be determined just as in regular car on car accidents. In most cases, bicycles are classified as vehicles; as such, they must follow all applicable traffic laws, including driving on the right side of the road, yielding right of ways and making complete stops at stop signs. Intersections can be especially hazardous to cyclists. Right of ways must of course be properly yielded, but unfortunately cyclists are not always seen by motorists. An inattentive or distracted driver can easily turn in front of a cyclist, cutting them off or turn into the cyclist, directly striking them.

In the event of a collision, cyclists should be sure to get a good look at the other vehicle, including license plate numbers; some motorists fail to stop for cyclist or pedestrian accidents If the motorist does stop, get his or her name, contact information, and insurance information. Contact law enforcement as soon as possible and ask any potential witnesses for statements and contact information.

If you were involved in a bicycle accident, don’t let the insurance companies, motorists, or law enforcement make you feel like you were in the wrong. An attorney can help you analyze the situation surrounding your accident and the traffic laws which would apply. If you have been injured a bicycle accident, contact an attorney today.

Contact Us
The sooner you talk to an experienced personal injury attorney, the sooner you can take steps to protect your rights and get the fair compensation you deserve. Our call answering service is available 24 hours a day, seven days a week, and you can contact us to schedule a free case evaluation.

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Car accidents can be devastating, when a semi is involved, it gets even worse. Because fully loaded semis have so much mass, they are difficult to bring to a stop; if they hit something they also transfer much more energy than regular cars do in an accident, delivering massive amounts of damage. Most semi drivers are well trained and safe individuals, but even the safest driver can do little if he or she suffers equipment failure such as malfunctioning brakes or bad tires. Every motorist has a duty to maintain his or her vehicle and keep it safe to use, protecting the driver and other motorists. Semi and trucking companies carry an even higher burden to ensure the safety of their vehicles; when they fail to do so there are consequences.

Witnessing a semi’s tire fail is a frightening thing. Sometimes tires fail in an explosive manner, violently blowing out; other times the entire tire may become detached from the semi and be sent careening along the roadway. Regardless of nature, a tire failure endangers the semi driver and anyone nearby. Some failures result from a combination of normal wear and tear and a lack of inspection/maintenance. Tires’ lug nuts should be checked and tightened on a regular basis; some trucking companies now use brightly colored indicators which semi drivers and mechanics can look at to easily determine whether a lug nut has started to come lose. Under proper observation, tires which show signs of advanced wear should be removed from service. In some cases tires are defective from the beginning; for a number of reasons, some tires are deemed to be defective by the manufacturer and are recalled. Trucking companies should regularly check with the Department of Transportation to ensure that none of their semis’ tires have been recalled.

Another common factor in semi accidents is the brake system. Brake systems in semis can fail for a variety of reasons. Like tires, brakes are sometimes determined to be defective and are recalled by their manufacturers. Other times, brakes are improperly installed, adjusted, maintained, and/or inspected. Brakes are subjected to tremendous wear and stresses and parts of the brake system can easily become worn, come loose or otherwise start to develop problems. Brakes going failing on their own is bad enough, but some trucking companies have even been known to adjust their truck’s brakes to have less stopping power or unhook the truck’s brakes completely, relying on the trailer’s brakes in an effort to save money on maintenance.

Accidents involving semis can become complicated very quickly, just determining liability between drivers, owners, and equipment manufacturers can be quite a task. Further, trucking companies must meet special Federal standards and should inspect and maintain their equipment, including tires and brakes, regularly. If trucking companies fail to conduct regular inspections and maintenance or if they know of dangerous equipment and fail to act they may be subject to fines and/or punitive damages. Contact an attorney today to help you protect your rights and receive the compensation you deserve.

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Whether it is something as mundane as picking up groceries, or something exciting like meeting friends for dinner, people go in and out of buildings all day, every day. Unfortunately, and sometimes through no fault of their own, some of these people are injured by slipping and falling. Sometimes the owner of a property or an employee of a business is responsible for the conditions of the premises that caused the fall, in these cases that owner or business may be found to be responsible, and therefore liable for the person’s injuries.

It is important to keep in mind that the injured person’s own fault in his or her slip and fall will also be evaluated throughout any lawsuit stemming from a slip and fall injury. Defendants and insurance companies will review the circumstances and look for carelessness on the part of the injured person. They will also examine whether that person had a valid reason to be where the injury occurred, when the injury occurred. Questions will also be asked regarding whether there were any warnings to the hazard or whether the person should have noticed any dangerous conditions and thus avoided injury.

In order for a building owner or business employee to be found liable for another persons’ slip and fall injury, certain circumstances must exist. If the property owner or business employee caused the dangerous condition or if they knew of the dangerous condition, but failed to correct it, establishing liability is usually fairly straightforward. The liability of the property owner or business may also be established using a “should have known” standard. Things become somewhat murkier when trying to prove that the property owner or business did not actually know, but should have reasonably known of the dangerous condition.

If you and your attorney attempt to prove that the property owner or business should have known of the dangerous condition, several factors dealing with the injury, the dangerous condition, the building, the area in which the injury occurred, and the routine of those in charge of maintaining the building will be examined. Questions will be asked regarding the nature of the dangerous condition: was it a wet/slippery spot, was it a bulged or torn carpet, how long had that dangerous condition existed? Questions will also be asked regarding the operations of the building: is there adequate and functional lighting, could there or should there have been barriers or other warnings, is there a regular cleaning/maintenance schedule, and if so, was it followed?

If you were injured in a slip and fall accident, you may be able to receive compensation for your injuries. If a business or a building owner knew or should have known of a dangerous condition, but did not make a reasonable attempt to fix the situation and you were injured, don’t let their insurance companies make you believe that your injury was your fault. Contact an attorney today to ensure that your questions are answered and your rights are protected.

Contact Us
The sooner you talk to an experienced personal injury attorney, the sooner you can take steps to protect your rights and get the fair compensation you deserve. Our call answering service is available 24 hours a day, seven days a week, and you can contact us to schedule a free case evaluation.

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Unless you or someone you know has worked in the trucking industry, there are many things about semi regulation and liability that you may not be aware of. Semi drivers and the companies that employ them are subject to more regulation and oversight than drivers of most other automobiles. The rules which govern the trucking industry can sometimes shed light on and clarify issues which may arise after an accident, such as causes which contributed to the accident and possible liability.

The United States Department of Transportation contains a division known as the Federal Motor Carrier Safety Administration (FMCSA); the FMCSA is tasked with promoting safety in the trucking industry, it does so in part by compiling and analyzing data and conducting research and technology. The FMCSA also helps set and enforce various rules and regulations which govern the trucking industry. If an accident involves a violation of FMCSA regulations, the violation may help determine liability and in some cases may allow for increased recovery.

Determining who is liable for injuries incurred in a semi accident can be complicated; depending on the circumstances, the semi driver, the semi owner, the person who loaded the semi trailer, manufacturers of the semi and the semi’s parts and equipment, and/or individuals who leased the semi may all be liable. In the past, determining liability was even more confusing; trucking companies would often lease their semis from others, while at the same time paying independent contractors to drive the leased vehicle. The trucking company would label the truck as if it were their own, but in the event of an accident they would attempt to avoid liability by declaring that the drivers were not employees and that the trucks were not owned by the trucking company. Federal regulations have done away with this type of practice; trucking companies are now generally responsible for any semi bearing their signage or information.

In the event of a collision with a semi, an injured party may have a stronger case if he or she can conclusively point out what caused the accident. Semi accidents require a different type of investigation than standard automobile accident scenes; in addition to standard reports and investigations by local police agencies, if a semi is involved in a crash, a certified motor carrier safety inspector must investigate the accident and complete a report which is separate from that of the responding law enforcement agency. These reports can be invaluable in establishing a quality claim. In addition to these investigative reports, many semis now carry black boxes similar to those found in aircraft. These black boxes record data and can include information such as, speed, direction, brake application, and time of travel.

A majority of accidents involving semis are caused by driver errors, such as inattentive driving or speeding, or equipment failure, such as tire blowout or defective brakes; but determining which factors apply to a specific accident can be challenging. An attorney can help you make sense of all the data collected after an accident, help gather reports from different government agencies, and help get access to black box information before it is erased and lost forever. After a collision, having some basic information can help answer some of your questions and get you started in the right direction, but if you are involved in an accident with a semi you would be best served by contacting an experience attorney as soon as possible.

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Losing a loved one is never easy. Even when a loved one’s passing is “expected” from old age or a long illness, it is hard to say goodbye. The sudden death of a loved one is even more tragic and difficult to contemplate, especially when someone else is responsible for the death. “Wrongful Death” characterizes a type of lawsuit which is filed when a person is killed by the wrongdoing of another person. A wrongful death suit may be based on another person’s intentional wrongdoing or on another person’s negligence. Certain people can sue for wrongful death in an attempt to be compensated for things like medical and funeral expenses, income and benefits that the deceased would have otherwise continued to earn, and lost time with their loved one.

Only certain people are able to file a wrongful death suit. Some rules vary by state, but pretty much no matter where you live, parents of unmarried children, natural and adopted children, and spouses are able to file suit. In some cases, parents are able to sue for the wrongful death of unborn children. Some jurisdictions also allow other relatives such as siblings and grandchildren to sue for wrongful death. Some states allow fiancées and domestic partners to sue, while others allow anyone who was financially supported or cared for by the deceased to file suit.

If you are an individual who is able to file a wrongful death suit, you must determine who to sue. Sometimes, the identity of the person at fault is clear and obvious, such as when another driver is responsible for a motor vehicle accident or when someone creates a dangerous condition at a workplace. Other times, fault may be less obvious and may be found in the events leading up to the death. If a drunk driver was responsible for a fatal car accident, he or she would be liable; depending on the jurisdiction, anyone who provided alcohol to the drunk driver and/or the owner(s) of any tavern at which the driver became impaired may also be liable. Under certain circumstances, other people such as builders and engineers of dangerous structures and/or roadways and automakers who distribute unsafe vehicles may be found to be liable for a wrongful death. It must be noted that certain parties who would otherwise be liable are sometimes immune from liability. In some cases, it is impossible to successfully sue protected drug manufacturers, government employees, government agencies, medical device companies, and others.

People filing a wrongful death suit will try to recover a sum of money to help compensate them for the loss of their loved one. This sum of money is arrived at by considering purely monetary aspects such as lost earnings, lost value of goods and services, loss of child care, lost benefits, loss of transportation, medical and funeral expenses, loss of inheritance, and attorney’s fees. Non-monetary aspects such as loss of things including: household help, consortium, companionship, society, care, protection, nurturing, love, and advice are also considered, along with the general mental anguish experienced by the loved ones left behind. If the actions of the person at fault for the death are especially outrageous, extra punitive damages are sought to punish the person for his or her unreasonable behavior.

Because complicated governing laws and factual circumstances must always be evaluated to determine who may file suit, and will continue to be evaluated throughout the legal proceedings, it is advisable to contact an attorney to assist with your lawsuit.

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The sooner you talk to an experienced personal injury attorney, the sooner you can take steps to protect your rights and get the fair compensation you deserve. Our call answering service is available 24 hours a day, seven days a week, and you can contact us to schedule a free case evaluation.

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You’ve been injured; now comes the challenge of figuring out what happens next. There are many things to consider in the aftermath of an injury, some of which may determine whether or not you will be compensated for your injury, and if so, how much your recovery will be. Whether or not to hire an attorney, whether or not you have a valid claim, relevant time limits, insurance coverage, the cause of the injury, and the identity of the person responsible for it are all factors that must be considered.

One of the first, and most important things to consider is whether or not to hire an attorney. Even if you believe that you would like to proceed without an attorney, it would be a good idea to at least meet with one for a consultation to get general information and the attorney’s initial thoughts on your case. If you do choose to hire an attorney, he or she will help you navigate through the legal process while working on your behalf. Most personal injury claims are handled on a contingency basis; this means that you do not pay any money up front, instead your attorney will keep a percentage of whatever amount of money he or she is able to obtain for you. Attorneys who are familiar with personal injury law can help you avoid costly mistakes such as missing out on a case because of a statute of limitations.

Statutes of limitations are basically time limits; depending on the specific limitation, you will have a certain amount of time from the date on which you were injured to file a claim against the party who injured you. The statute of limitations relevant to you can depend on how you were injured, where you were injured, and who was responsible for your injury. For instance, if a person slips and falls, suffering an injury at a public retail store, he or she may have up to three years to file his or her claim; however if that person suffered a similar slip and fall at a government building, he or she may have as little as one hundred twenty days in which to file suit. If too much time lapses between your injury and your filing of a lawsuit, you may be unable to successfully collect against the people responsible for your injuries and their insurance companies.

Insurance coverage is something that most people do not spend much time considering until the moment that they need it. If you’ve been injured, the types of insurance coverage that you and the person who injured you are covered under become very important. The homeowners, automobile, or commercial business insurance policy of the person who injured you may have to compensate you for your injuries. Obviously, you are more likely to recover if another person was responsible for your injuries, but some types of insurance, including your own healthcare insurance may be required to compensate you for medical expenses and injury even if you were at fault for your injuries.

How and where you were injured are significant aspects in determining your legal rights. For instance, if you have been injured at work, worker’s compensation insurance may be involved in your claim, no matter who is at fault for your injury. If you were injured at a store or other commercial site because of an unsafe condition, the owners of the building and their commercial insurance may be involved in your claim, but you may have to prove that the owners knew of the unsafe condition. If you were involved in an automobile accident, traffic laws and the circumstances surrounding the accident will be very important in determining fault and liability, which will in turn, determine which driver’s automobile insurance will pay. If someone injured you on purpose, his or her insurance may not cover his or her intentional act, meaning you would only be able to sue the responsible person directly. The rules and insurance coverage regarding dog bites, firearm injuries, injuries caused by government employees, injuries taking place on government property, dangerous and unsafe products, recreational injuries, and many other types of injuries are all different, and each must be handled in the proper manner or you may lose out on an otherwise valid claim.

Even if you have a valid claim, it may be difficult to determine how much your claim is worth by yourself. An attorney who is experienced with personal injuries and the associated negotiating processes can help you determine how your medical expenses, income loss, and damages (things like pain and suffering) will be computed and analyzed by insurance representatives. After you and your attorney have reached an estimate of what your claim may be worth, your attorney will attempt to settle your claim with the other parties and their insurance companies. If a satisfactory settlement offer is not made or accepted by the other parties, your attorney may recommend that you file a lawsuit.

Once a lawsuit has been filed, your attorney will be able to gather additional information through a legal process known as discovery. Discovery is a powerful tool, with which your attorney will be able to strengthen your case; but, discovery is a double edged sword, the other parties will use discovery to shed light on your claim and help evaluate whether or not they should settle. Most cases do settle before going to trial, some on the very eve of trial, but a settlement is not always guaranteed. If settlement is not reached, your attorney will plead your case in a court of law, working to get you the compensation you deserve.

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The sooner you talk to an experienced personal injury attorney, the sooner you can take steps to protect your rights and get the fair compensation you deserve. Our call answering service is available 24 hours a day, seven days a week, and you can contact us to schedule a free case evaluation.

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Even a minor automobile accident can be a very frightening and disorienting thing to experience; having loved ones in the vehicle with you can make the situation even worse. It is often very difficult to be level headed after a collision, but there are certain basic things which should be done immediately after an accident and additional things which should be done once your adrenaline drops and you are able to think clearly.

The first thing to do after you’ve been in an accident is to stop. Stopping is important for many reasons; most jurisdictions require that you provide your certain information to other drivers, provide what help you can to injured parties, and call for additional help if needed. You are also required to contact police if there is damage worth over a certain dollar amount; because vehicles and repairs are so expensive, the police should be contacted in almost every instance.

While you wait for the police to respond to the accident scene, it is a good idea to warn other motorists, especially at night. Hazard lights, traffic cones, flashlights, reflective materials, and road-flares can help you to draw attention to your accident and safeguard yourself and passersby. After the proper safeguards and precautions have been taken, it is important to get the other driver’s name, contact information, insurance information and provide yours. Chances are that most of the relevant information will appear in the police report, but it is a good idea to record the information yourself; if there is in an error in the report, your insurance company and/or attorney may face delays while trying to get correct information. Don’t forget that sometimes witnesses can make or break your case; look around for possible witnesses and try to gather contact information from anyone who may have seen the accident.

After an accident, an attorney should be contacted as soon as possible. An attorney will most likely be able to offer you a free consultation, at which the attorney will touch upon the basics of relevant laws and ask you questions about your accident, including whether or not you were injured in your accident. At your consultation, you will also have a chance to ask the attorney questions about how to proceed, it can be helpful to write down any questions you might have beforehand, so that you don’t forget any. A knowledgeable attorney can be a great asset if you’ve been injured; if you hire an attorney, he or she will work hard to protect your rights and get you the compensation which you deserve.

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The sooner you talk to an experienced personal injury attorney, the sooner you can take steps to protect your rights and get the fair compensation you deserve. Our call answering service is available 24 hours a day, seven days a week, and you can contact us to schedule a free case evaluation.

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