Personal Injury Lawyers Blog

Personal Injury, Auto Accident, Truck Accident and What You Can Do About It.

2010-05-11T13:18:00.000-07:00

Road accidents are so common today that an average of a million people are killed or injured annually. It is difficult to find a person who has not been a victim to road accident, one way or another. Road accidents result to personal injury, whether they are auto accident or truck accident.

Auto accident is often due to an overload of alcohol in the driver’s system. There are more male driver in an auto/ truck accident. Road accidents can cause personal injury on different body parts, roll-over, rear enders, side impacts and physical wrecking results. Most car accidents are so close that it can happen when you are just five kilometers away from home. You have an increase chance of a car crush using your mobile while driving. Approximately, 300,000 teens are subject to personal injury on the road.

Here are guidelines to follow, after a road accident whether an auto accident or truck accident:

1. At the scene of the accident, have someone call 911 especially if you have a personal injury or your companion’s. If none, insist on being given medical attention for you will need a written report of this for the police and your file.

2. Write down the license plate number, contact information and auto insurance information of the other party. Majority of the State auto and truck drivers have insurance ID card in their vehicles where you get all your desired information. Be sure to include the telephone numbers.

3. Look for witnesses who are willing to report what they saw of the auto accident and get their contact numbers too. Insist that a report be made about the accident. Have it written and properly signed.

4. Contact your insurance provider about your auto accident as soon as possible. Use your mobile right at the scene of the incident.

5. If the other party is at fault, advice the party’s insurance provider that you are making a claim and seeking for reimbursement. It will include the collision reimbursement deductible, time off work, auto rental and amount of diminished resale value. Make a meticulous itemization of ever expense source that must be paid.

6. Prepare a clear written version of the event in case it will be required by the other party. Write down everything. Do not trust your memory. Make a document for any personal injury on the auto accident which took place.

7. The adjuster will see the damage done to your vehicle and come up with an estimate amount. The insurance company will issue a check to be paid for repair excluding any collision deducted from the amount.

8. If the damage settlement is too low, you can make a counter claim and if it is unacceptable, your carrier can call for an arbiter to settle the dispute which will take around two to six weeks.

Just follow these guidelines to help settle your personal injury claim and vehicle accident claim, whether it involves an auto accident or truck accident.

NJ Personal Injury Lawyers

The Truth About Personal Injury Lawsuits

2010-04-23T13:10:00.000-07:00

If you've recently suffered from an injury, and it was not your fault, you have the option of filing a personal injury lawsuit to seek recovery. While many individuals hurt their chances for a successful outcome by failing to take proper action quickly, they also fall into believing things that are simply untrue when it comes to personal injury litigation.

Keep in mind the following, when working on your accident claim:

If you've heard that you will not be able to recieve medical treatment until after a settlement, you are mistaken. After an injury, you should seek medical attention in order to preserve the proof necessary for your claim.

Far too many individuals believe that they will receive just compensation without any effort - this is not true: be prepared to put up a fight. Yet, although your settlement may not come necessarily easily, it also does not mean that it it will result in a long, drawn out, court battle.

Evidence is essential! You will need to gather witness testimony, contact informtion, any pictures of the accident scene and so on. Also, while the accident is still fresh in your mind, it is important to document the circumstances/hazards that led up the the accident.

Although it is entirely possible to file an injury claim on your own, it is recommended that you seek an experienced personal injury litigation attorney to guide you through the process. Navigating through injury law can be complex; let someone who is well-versed in the legal matters fight for a fair settlement on your behalf.

8 Common Mistakes to Avoid After a Car Accident

2010-04-02T10:26:00.000-07:00

Car accidents are one of the most traumatic events that can occur in a person’s life. If you have been involved in an accident, you know that panic and disorientation can occur moments after. Your ability to make clear decisions is greatly diminished because your senses are overwhelmed. You may find yourself confused, upset, or nervous about what’s going to happen next. Things can go from bad to worse if you fail to avoid making common mistakes made by accident victims. Here are a few:

Mistake # 1: You fail to stop after the collision. Hit and run offenses are serious crimes, and penalties vary by state to state. For example in Nevada, a hit and run offense can result in 2-15 years state prison if anyone suffers a serious car accident injury.

Mistake # 2: You forget about your own safety. Be sure to move the vehicle off to the side of the road. If you’re able to get out of the car, be cautious. You do not want to get struck by moving vehicles.

Mistake # 3: You attempt to move someone who is seriously injured. Unless it is absolutely necessary to get that person out of the car, do not attempt to move him.

Mistake # 4: You fail to collect contact information from other drivers. Always get name, addresses, phone numbers, license number, insurance carrier, policy number, make & model of the car, license plate, and anything relevant. If you have a cell phone with a camera function, take pictures of the cars, people, and surroundings. Quickly jot down the a few important things that happened before and after an accident.

Mistake # 5: You fail to collect contact information from eye witnesses (if any). Get their names, phone numbers, addresses, and record their statements.

Mistake # 6: You fail to file an accident report. Unless you are involved in a minor fender bender, you should have the police write up a police report.

Mistake # 7: You refuse medical treatment. Often times, collisions often cause whiplash injuries, which you will not know until several hours later. If asked if you are injured, your answer should be that “you don’t know but need to see a doctor just in case”.

Mistake # 8: You wait too long to see a doctor. If you’re injured, or you have a reason to believe you are injured, seek medical help right away. If you wait too long and you case goes to court, the jury may believe your injury was caused by something else.

Making the right choices after a car accident can limit the chances of a major mistake.

Georgia Extends Statute of Limitations to File Personal Injury Suits in Auto Accidents

2010-03-30T12:59:00.000-07:00

Georgia Law Office of Roberts Windholz

In December of 2009, the Georgia Supreme Court allowed for the two-year statute of limitations to be extended for injured persons to file claims in automobile accidents when the at fault driver is cited/ticketed for the accident.

O.C.G.A. Sec. 9-3-99 tolls the limitations statute in cases involving criminal negligence. Beneke v. Parker applied the statute in a rear-end collision case, but held that the issue of tolling was for the jury to decide. The decision may suggest that some degree of aggravating circumstances is required to get to the jury.

Charged with following too closely, Alan Beneke rear-ended Patricia Parker’s vehicle and caused it to turn over on April 27, 2005. Parker filed a personal injury lawsuit against Beneke on May 11, 2007 seeking a jury verdict for the injuries caused in the collision.

During the litigation, Beneke’s attorney contended that the statute of limitations for Parker to file suit had expired, and the trial court sided with the defendant. On May 19, 2005, Beneke had paid a bond resulting from the traffic citation he received for causing the accident. As a result, the higher court decided that May 19th, not April 27th, was the correct date for the statute of limitations to commence running.

The Georgia Supreme Court further ruled that any actions that arise from facts and circumstances relative to an alleged crime will toll (or suspend) the statute of limitations until the prosecution of the criminal act has been finalized, provided that the timeframe does not exceed six years. This acts sort of like a statute of repose.

The Statute of Limitations in personal injury is a weapon the car insurance companies like to use on unsuspecting persons, injured in neck and back or other serious injury cases. Individuals are urged to seek experienced legal counsel regarding the particular circumstances of their case as soon as possible.

The firm of Robert S. Windholz, located in Alpharetta and serving the locations set out below is available to assist you with your injury case. Call 678 990-1584.

· Atlanta

· Alpharetta

· Athens

· Augusta

· Brookhaven

· Buckhead

· Buford

· Canton

· Cartersville

· Chamblee

· Cumming

· Dalton

· Decatur

· Doraville

· Druid Hills

· Duluth

· Dunwoody

· Emory

· Grayson

· Lawrenceville

· Lilburn

· Macon

· Marietta

· Norcross

· Northlake

· Rome

· Roswell

· Sandy Springs

· Savannah

· Snellville

· Sugar Hill

· Sugarloaf

· Stone Mountain

· Tucker

· Vinings

· Woodstock

· Carroll County

· Cherokee County

· Clayton County

· Cobb County

· Coweta County

· Dekalb County

· Douglas County

· Forsyth County

· Fulton County

· Gwinnett County

· Henry County

· North Fulton County

Recent Bans on Distracted Driving

2010-03-25T13:33:00.000-07:00

As a result of nation-wide car and trucking accidents, U.S Transportation Secretary Ray LaHood announced a federal ban on texting while driving for commercial truck drivers. Last year in Tennessee, Gov. Bredesen signed a new state law making text messaging while driving a non-moving traffic violation in an effort to prevent car and truck accidents in Tennessee.

Tennessee is not alone in cracking down on distracted driving. Many states are passing laws banning texting, emailing and other forms of "distracted driving" - including talking on a cell phone.

Even Oprah has taken up the cause, dedicating an entire show to warning the public of the dangers and sometimes devastating effects of distracted driving.

"Nearly 500,000 people are injured and 6,000 are killed each year because drivers are talking, texting and e-mailing behind the wheel," Oprah says. "Let it be the end, the end of you using a cell phone or sending a text message when you are behind the wheel of a moving vehicle. And until we as a nation decide we're going to change that, those numbers are only going to go up."

The Federal Motor Carrier Safety Administration (FMCSA) explains why car and truck accidents are 20 times more likely to occur while the drivers are texting instead of focusing on driving alone: "Research shows that drivers who send and receive text messages take their eyes off the road for an average of 4.6 seconds out of every 6 seconds while texting. At 55 miles per hour, this means that the driver is traveling the length of a football field, including the end zones, without looking at the road."

The U.S. Department of Transportation has created a website around the issue of distracted driving at www.distraction.gov. Its goal is to provide people with a source of information on recent legislation and news on the topic.

Find a good personal injury attorney

2010-03-16T10:21:00.000-07:00

Personal Injury - Ankle x-ray

If you’ve suffered a serious personal injury or wrongful death of a loved one, feelings of frustration, fear and confusion are expected. When it comes to your legal needs, it is important to select someone who is both competent and right for you. Good personal injury attorneys will use their extensive knowledge of the legal system to maximize your damage award as much as possible.

Despite the amount of precautionary measures we take to avoid getting hurt, injuries are inevitable. Sometimes, injuries occur as a result of another person’s wrongdoing or negligence. In that case, you have the option of filing for a compensation claim. The personal injury compensation claims calculator tool will determine how much you will be entitled to.

In the situation that you do get injured because of another person, one of the first things you need to do is to contact an accident claims solicitor. As filing for a claim can be a difficult process, it is recommended that you seek professional help to guide and assist you. Solicitors have the experience, skill and technical knowledge to ensure a solid representation and compensation award.

The following lists accidents that you may file compensation for (as long as you are able to establish that an injury occurred because of someone else):

Automobile accidents (including motorcycle)
Work-related accidents
Product liability accidents
Medical negligence
Asbestos-related diseases
Whiplash injuries
Slip, trip or fall injuries
Accidents that have occurred in a foreign country

There are many types of claims that exist. For example, knee or foot injury claims can apply to an accident involving your leg. Other injuries include torn cartilage, sprains and bursitis.

It brings some relief to know that a compensation award can help pay for the expensive medical fees resulting from an injury. If you would like to learn more about how to make a compensation claim, there are several resources available. For example, browsing the internet can lead you to the websites of many accidents claims solicitors; communicating online can be both convenient and less stressful.

There are some solicitors that offer free services. What this means is that they operate on a no-win, no-fee basis. If your case is successful, you will receive full compensation where the losing party pays for your solicitor’s services. That being said, no-win, no-fee solicitors usually take on cases that have a strong chance of succeeding. Therefore, it is important to both disclose all pertinent information as well as produce all required documents as required by your solicitor. Your honesty and cooperation are essential for your solicitor to prove a strong case.

Auto Accident - Car in flames