Personal Injury Case Research

Posted by on Jan 16, 2019 in Uncategorized | 0 comments

I didn’t know a lot about personal injury cases until my cousin was hurt, so I decided to do some research.  I thought that personal injury just meant that harm had come to you, but it turns out that it’s any harm that has come to you that you can prove someone else is directly responsible for. For my cousin, this harm meant an automobile accident, but there are many different types. I also didn’t know before I researched that there is a statute of limitations even when it comes to injury.  So if you’ve ever been hurt like my cousin, you may need to start looking at your options.

As I said above, there are many different types of personal injury cases and not all of them are obvious.  For example, I never would have expected that dog bites could qualify as a personal injury case and that the owner may be responsible for compensation – even if the dog wasn’t violent in the past.  Libel and slander are also examples of personal injury cases, though they aren’t physical forms of injury. If you have been hurt, and you can prove that it wasn’t your fault, you likely can pursue a case for compensation.

If you do decide to pursue a personal injury case, there are multiple defenses that the opposite party might use against you to prevent the reimbursment that you deserve.  The most common ploy that will be used against you is that you are somehow possibly responsible for the event. The opposed will likely not be able to completely avoid compensation, but they may use comparative negligence to reduce some of the pay-out.  What some lawyers won’t tell you is that you need to avoid taking any of the blame in writing so that you are not taken advantage of. If you rob the attorney of this defense, it’s likely you may receive maximum reimbursement.

Furthermore, a lawyer might try to defend their client and say that you were aware of the danger before the injury occurred.  If this can be proven, the accused will be relieved from making any payments to you. They might also try to say that you were injured at the time of the occurance and therefore their client is not responsible.  These charges can be harder to combat, especially if you are dealing with the case on your own.

When my cousin was dealing with her personal injury case, she didn’t know how to even begin.  That’s how she found her Ocala personal injury attorney at Glover Law Firm. They were able to evaluate her case for free in the first meeting.  They focused on all of the legal work so that she could work towards getting better.

It can be really challenging to start a personal injury case if you were like me and had no prior knowledge.  Though I did my research, it was much easier to understand how to help with my cousin’s case after she talked to the lawyer at Glover Law Firm.  I wish I would have realized how easy it could be to get help sooner!

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A Practical Look at Breaking Bad

Posted by on Jun 26, 2018 in Criminal Defense | 0 comments

There was nothing quite like turning on the TV Sunday night to watch a new episode of Breaking Bad. For those who don’t know, Breaking Bad was a TV drama about how a high school chemistry teacher, Walter White, got caught up in the drug business. In the pilot episode, Walter White gets diagnosed with a serious form of cancer. To pay for the expensive medical bills, White resorts to producing crystal methamphetamine to make some quick cash.

Not only does he do this to pay the medical bills, but he does not think he will live much longer given the severity of his cancer, so he does not quite fully consider the criminal repercussions of his actions. Coincidentally, White’s brother-in-law, Hank Schrader, is the Assistant Special Agent in Charge of the local federal office of the Drug Enforcement Agency. One of the themes of the show is that Schrader is constantly on the lookout for an individual producing a particular strain of crystal methamphetamine. Little does he know that his individual, Walter White, was right under his nose the entire time.

Unfortunately, the show ended years ago. The series finale was excellent (I will not give any details – you will have to watch for yourselves.). You can watch the entire series on Netflix for those interested. I myself have gone back and watched the entire series multiple times. The last time I finished the series, I thought to myself, “what if Schrader caught Walter White? What would the criminal charges have looked like?” I came across an article that succinctly explained a range of different crimes that Walter White could have been charged with violating.

The most obvious charge White could have received would have been a charge for drug manufacturing and delivery. Certainly, this makes sense, as White was the “cook” for most methamphetamine operations in the Albuquerque, New Mexico region. In fact, at one point, White was clothed only in tighty whities producing methamphetamine in a used RV in the middle of the desert. According to the article I read, if White was charged with drug manufacturing, he could have received a life sentence in prison. That certainly would have made the show less interesting!

Of course, had White been caught, the show would have devolved into a Law and Order episode with attorney Saul Goodman leading the charge to acquit him. I’m not complaining, though, because Goodman is one of the most interesting characters on the entire show. In fact, he’s so interesting that he is now at the center of an ongoing television series called Better Call Saul that airs on AMC. Earlier seasons are up on Netflix, and I would highly recommend this show to anyone looking for a humorous show centered around the criminal justice system.

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Alcohol Impairment, a Major Cause of Fatal Road Crashes

Posted by on Jun 20, 2017 in Personal Injury | 0 comments

According to the Centers for Disease Control and Prevention (CDC), in 2012, more than 29 million people admitted that they were, at various times, alcohol-impaired while they drove their vehicle. In 2013, an estimated 1.2 million drivers were arrested and charged with driving under the influence or DUI, a serious traffic violation in all U.S. states.

According to the National Highway Safety Traffic Administration (NHTSA), about five million motor vehicle accidents occur every year. More than two million of these accidents result to injuries, while about 10,000 are fatal. In 2013 and 2014 particularly, the numbers of deaths were 10,076 and 9,967, respectively.

The CDC also states that 31% (almost one-third) of all fatal motor vehicle accidents in the U.S. involve an alcohol-impaired driver. To some drivers, alcohol-impairment occurs even after consuming two regular bottles of beer – this will result to a 0.02% blood alcohol concentration (BAC) level. The probable effects of a 0.02% BAC on a driver can include reduced visual functions and decline in ability to perform two tasks simultaneously. At 0.05% BAC level, probable effects can include reduced coordination, reduced ability to respond to emergency driving situations, and impaired judgment and lowered alertness. A 0.08% BAC level, which is the limit determined for drivers of passenger vehicles (cars, SUVs, pick-ups), can result to poor muscle coordination, and impaired judgment, self-control, reasoning, and memory; detecting danger also becomes harder.

Time and again, it has been proven that alcohol weakens an individual’s motor skills and mental capacity, rendering him/her less able to control his/her vehicle. This lesser ability means higher risk of accident which may injure or kill someone else – the basic reason why drunk driving is considered a major traffic offense. But what is really maddening about drunk driving, especially those that lead to accidents, is that these are totally preventable occurrences.

It is hard to find a greater indication of negligence than driving under the influence of drugs and alcohol. Countless fatalities have been caused by drunken drivers, warranting a state-wide implied consent law. Luckily, this hard chemical evidence in drunk driving cases has been instrumental in helping juries and prosecutors prove beyond a reasonable doubt whether or not a person was driving while intoxicated.

Drunk driving attorneys understand how painful and infuriating it is to be a victim of a drunk driver’s negligence. These accidents are often life-altering and take a large physical and emotional toll on injured parties. With legal assistance from seasoned car accident or personal injury lawyers, victims may be able to mount a case that will hold the appropriate party responsible for the injuries they have caused. Medical bills, property damage, and unearned wages can unjustly send victims into financial ruin during their recovery time. Fighting for restitution for your losses, therefor, so you can properly heal from this accident free of financial burden, may be necessary.


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Why Defective Seatbelts are Dangerous

Posted by on Jun 7, 2017 in Personal Injury | 0 comments

Your seatbelt can be the difference between life and death, and that is why it is one of the most important vehicle parts that need to function well. But sadly, not all seatbelts do well in the only job they are required to do. In fact, some are just outright defective and unusable.
It is a good thing that the website of these Chicago personal injury lawyers acknowledges this as a legitimate legal matter. According to it, those who have been hurt because of a dangerous product, may it be a seatbelt or not, may pursue legal action to make the product’s maker accountable.
In the case of seatbelts, that product maker is most likely the car manufacturer itself. The fact that these manufacturers can be legally liable for their error or negligence is a good way to avoid seatbelt defects that may come from manufacturing, such as the use of poor materials or incompetent manufacturing techniques.


But what exactly are these defects, and how dangerous can they be? Most of these defects are regarding the seatbelt’s restraining power, such as the following:

  • Inadequate Latching – Seatbelts should properly latch to ensure that they can actually restrain drivers when an accident occurs. Many seatbelts that latch inadequately result into drivers getting ejected or hitting hard objects inside the vehicle.
  • Loose Restraining – Even if the seatbelts can restrain you through adequate latching, you may still be vulnerable to injuries if the restrain is too loose. You still have a chance to be ejected or crash into a hard surface inside your car.
  • Strict Restraining – The way you are restrained should not be too loose or too tight. If you are too strictly restrained, you may damage your chest area, especially your ribs, if an accident occurs, not to mention that an accident may be more likely to occur because the tight seatbelt can prevent you from moving properly.
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Defective Machinery and Equipment

Posted by on Feb 22, 2017 in Defective Machinery | 0 comments

Construction sites are dangerous workplaces because of hazardous conditions and the presence of high-powered tools, equipment, and machinery that may cause injury and death. Many construction site accidents occur because of defects on these construction materials. According to the website of Habush Habush & Rottier S.C. ®, you have legal options to pursue if you have been injured by a negligent construction equipment.

Defective handheld tools
Handheld tools can either be simple or relatively complex. Both simple and complex handheld tools are vulnerable to defects, putting construction workers or anybody else that operate them at risk of amputations, cuts, bruises, and perforations. Simple tools include hammers, saws, screwdrivers, and wrenches, while complex tools include nail guns and power drills.

Defective industrial equipment
Construction equipment can be a little more sophisticated than handheld tools, like those that require power such as table saws. The most common defects concerning industrial equipment involve the lack or improper use of shielding and other safety equipment, shut-off switches, electrical wiring, and the lack of warnings and safety instructions.

Defective construction machines
There are also machines and vehicles used in construction, such as forklifts, cranes, bulldozers, and trenchers. The most common defects concerning these machines involve design flaws that make them dangerous for their intended purpose, malfunctioning parts, and poor maintenance.

Finding liability
Defective construction equipment claims can be complicated, and they should be studied on a case to case basis to determine liability. The following are some of the parties that can be held liable for your injury:

  • Owner of the property who has failed to ensure the safety of the premises
  • Employer who has violated a safety regulation
  • Owner of the defective construction tool, equipment, or machine
  • Service company responsible for the maintenance of the defective construction tool, equipment, or machine
  • Manufacturer of the defective construction tool, equipment, or machine, or of their defective component
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Protecting Children from Dangerous and Defective Products

Posted by on Oct 4, 2016 in Dangerous Products | 0 comments

The U.S. Consumer Product Safety Commission regularly issues recalls for dozens of defective and dangerous products. Among the thousands recalled for the past year include different products for children. Several toys, clothes, car seats, play sets, and other items meant for childcare have been found by the commission as failing to meet safety standards imposed by government-issued safety nets.

It’s easy to imagine why screening products, especially those made for children, is important in helping avoid needless accidents and injuries. The need for regulating these products became most notably apparent in 1998, when 16-month old Danny Kaysar died after being suffocated underneath a defective crib that had collapsed over him. Thanks to the effort of his parents, the U.S. Congress recognized the need for stricter policies regarding the regulation of childcare products and toys, leading to the Consumer Product Safety Improvement Act of 2008.

Still, despite the government’s clear efforts to ensure the safety of children, there’s no way to guarantee that certain defective products won’t continue to slip through the cracks. When this happens, these dangerous products can cause a wide-range of injuries, some of which could be seriously debilitating and turn into a life-long battle. According to Clawson and Staubes, LLC: Injury Group, these injuries are caused by manufacturing defects that lead to a defective batch of an otherwise safe product, as well as improper design of a product that is fundamentally flawed from the outset.

It’s clear that product liability cases can be extremely concerning, especially if it involves toys and other products meant for childcare and child-rearing. Remember that you have the right to take action against the manufacturers of a harmful product that could potentially hurt your child. If you believe that your family has been affected dangerous and defective products, do not hesitate to contact a qualified legal professional for assistance in pursuing rightful compensation.

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Common Causes of Boating Accidents

Posted by on Jun 28, 2016 in Boating Accidents | 0 comments

A boating trip is a great way to have fun and bonding experience with family and friends. However, the fun and excitement of the trip can be taken away when someone gets injured or dies. Figures from the US Coast Guard revealed that there were 4,158 accidents which caused 626 deaths, 2,613 injuries and costing $42 million property damage. According to the website of Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., most boating accidents is preventable with greater caution. In this article, we will take a look at the most common causes of boat accidents:

1. Collision

Collision between two boats accounted for 1,237 accidents resulting to 60 deaths and 856 injuries in 2008.

2. Catching Fire

Although boats come with spark-protected mechanical systems and double-clamped fuel lines, they can still catch fire. Smoking in the boat, gas leaking, or drunk passengers can cause the boat to catch fire. So make sure that the boat has fire extinguishers on board.

3. Careless or reckless operation

Putting the boat in the hands of someone who is irresponsible can be a recipe for disaster. Irresponsible handling accounted for 492 accidents, 32 deaths and 390 injuries.

4. Sinking

One of the probable causes of sinking is a hole in the boat. When it does, water may enter in or out through the hull and could hit electrical current. This could result to leaks and the boat slowly sinking. So make sure that the bilge is working perfectly and properly.

5. Passenger recklessness

Sometimes fun and excitement can get the better part of a passenger which can lead to injuries or even death. They have the tendency to jump while the boat is running at top speed or they tend to overload. If you are a passenger, you should remain seated. If you are the driver of the boat, keep everything in order.

Riding boats is fun but you should also be responsible. This is the best way you can prevent accidents from happening while you are in the middle of the sea.

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How Dangerous Can Truck Driver Errors Be?

Posted by on Jan 22, 2016 in Personal Injury | 0 comments

When you think about it, trucks are just the same as any other vehicle. There’s a vehicle, there’s a driver, and there’s significant weight transferred from one place to another. So it can be difficult to see the magnitude of why a truck accident is significantly more damaging than a simple car accident.

For example, this simple example can also be used to describe airplanes—and an airplane accident immediately brings to mind horrific scenes, right? The same basic principles apply to a truck due to their massive scale. Your average car can weigh around 3,000 pounds to 10,000 pounds if it’s a somewhat larger car. Your average eighteen wheeler truck, however, can weigh up to 80,000 pounds without need of a permit. This implies that the load of a truck of this size can be even larger.

Something of such a significantly large mass such as that can only spell disaster is mishandled or negligently driven. The risk of damage that surrounds these trucks is far more significant than an accident involving two cars; not that car accidents are any less important to handle, no, it’s just that truck accidents are at a different level altogether. There are some laws that are exclusive to truck accidents alone.

For example, since trucks require more diligence to maneuver, they are only legally allowed to drive for a maximum of fourteen hours a day. A truck driver must be constantly vigilant and alert, as well as professionally licensed to operate a truck of this magnitude, in order to drive an eighteen wheeler. There are many other special, professional precautions that need to be put into practice in order to ensure that truck driver errors don’t occur at all—however, they do happen sometimes and when they do, you’ll want a someone who knows what they’re doing and how the law surrounding situations like this actually works.

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Lawsuits Against Car Accidents

Posted by on Nov 24, 2015 in Personal Injury | 0 comments

Automobile accidents are regrettably a standard occurrence in highways and our roads. Although we do our best to prevent injuries and keep ourselves and family members safe while on the way, there are a number of another driver with rash and aggressive driving behaviors that could endanger equally people and additional drivers. Negligent or deliberately reckless driving behaviors that led to injuries and accidents can be taken to court. Personal injury litigations along with additional legal fees might be considered against the driver at fault, and they’re going to be asked to provide settlement for the harms resulting from the accident, whether they’re from lost wages medical bills and other damages.

Being wrapped up in an automobile accident can be equally confusing and scary because there are many concerns that have to be answered things that are and to care for. Car accidents along with insurance protection can differ from state to state, so selecting an attorney who understands and knows the regulations regarding these can make personal injury lawsuits run more easily.

According to the website of attorneys Hach Rose, a notice should be given by you for your own personal insurance company regarding the vehicle incident you have been a part of, and this correspondence of notice should advise your insurance company of your intention to apply for a claim that is uninsured. It is necessary that you simply send this notice promptly since several insurance companies have strict deadlines regarding filing for uninsured claims. Whether the man at fault doesn’t have insurance, or will not supply any advice on their insurance, or you might have difficulties acquiring insurance advice in just about any way possible, then it might be advisable to submit a notice to your own insurance company about the submitting of an uninsured state.

When there is an individual injury lawsuit filed against an individual responsible for the accident, the insurance company normally gives the compensation that the responsible motorist is in contract with. The insurance carrier will likely be the one who will spend for all the harms particularly if the man at fault has a comprehensive coverage recorded in the complaint. Nonetheless, there are occasions where the one who caused the injury is either uninsured or under-insured, when acquiring settlement, and issues are frequently posed by this.

However, filing a state against an under-insured motorist may call for more effort, and would take a time that is longer to advancement. This really is real because some injuries can take a moment to ascertain the degree of therapy and drug; once your lawyer and you have established the extent of harms and damages is more compared to other motorist’s liability protection, then it’d be secure to notify your insurer about filing for an under-insured state.

Submitting for an uninsured or underinsured automobile wreck claim’s process is more or less exactly like submitting for almost any injury claim; nevertheless rather than filing against one other driver’s insurer, you will file them against your personal insurance company. Trials, a disclosure of health records and evidence, probe, and experience reports and testimonies will be achieved, However, what every motorist should remember is the fact that when settlement is not reached or decided, you have no power to prosecute the insurance provider.

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Conspiracy Charges: Are You At Fault?

Posted by on Nov 24, 2015 in Criminal Defense | 0 comments

To be convicted of a crime, the offense itself first needs to be done, right? Perhaps this is the first venture into the notion. And, sad to state, conspiracy is a crime in and of itself. Conspiracy is a plan perpetrate a crime with one or more individuals. It may be as simple as a heist of breaking into a residence, together with the intent or as severe as a terrorist attack against a civilian population or an effort in the life span of the President of the United States of America.

The crime being conspired could land you in jail for 25 years with no chance of parole if itself is of a certain degree. Based on the website of criminal defense lawyers Kohler Hart Powell, SC, there’s every chance that before you even believe you are being watched for the conspiracy that government agents have now been tracking your movements to get a long time. The most innocent issues in the wrong circumstance could possibly be potentially incriminating should you see that a legal accusation can be handled by you in a level that is national. It could be tempting to only speak your way from it and suppose that everything will be good. But by presuming that many people discover how exactly to work a program, so themselves put themselves at risk they know little to nothing about.

Being a real defendant in a federal court case for conspiracy can be one of the very most stressful experiences that someone could ever bear. Plaintiffs generally have the upper hand by having had more hours within their preparation although government brokers not only have virtually limitless assets together with years and years of extensive instruction in scenarios like this. Highly qualified lawyer in this cases can provide great help to defendants.

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