Blog posts of '2021' 'October'

Ways to build your car accident personal injury claim

The damages suffered in a car accident can be quite severe. While the physical and emotional pain and suffering might be unbearable, the financial implications of your wreck might leave your future uncertain.

As scary as that may sound, you should take comfort knowing that you might have legal options available to you to help you find accountability and recover compensation. In order to best position yourself to successfully do so, though, you’ll need to take action to build a strong personal injury case. Here are just a few ways that you can go about doing that:

  • Gather witness information: If your case ends up going to trial, then you’re going to need witnesses to support your side of the story. So, on the front end of your case, be sure to gather witness information so that you can track them down if you need to later. Also, take notes about what they saw so that you can better gauge how they might testify.
  • Consider accident reconstruction: If your accident is complicated and involves several vehicles, then you might want to consider having an accident reconstruction This will help provide clarity as to who caused the wreck, which can not only help you prove liability but also avoid any arguments of comparative fault.
  • Have experts on your side: While you’ll certainly have to prove liability in your personal injury case, you also can’t overlook the importance of proving the true extent of your damages. This requires a forward-looking analysis of your medical condition and your employment prospects, which can be challenging to undertake. However, experts in the field might be able to help you here. So, seek them out and obtain their opinions to see how they can support your claim.

Be aggressive in building your case

car accident can turn your life upside-down. But you can still protect your interests and set yourself on a strong road to recovery by taking aggressive legal action. To properly do so, you’ll need to know how to argue the facts considering applicable law, which is why you may want to seek out assistance in handling your claim.

What types of benefits are available to injured Florida workers?

Workers’ compensation benefits can be critical for injured workers whether they were injured in a fall on a construction site or suffer from a repetitive stress injury acquired at the office. For that reason, injured workers and their families should be familiar with the types of workers’ compensation benefits that are available to injured workers.

Types of workers’ compensation benefits

Workers’ compensation benefits can be available for a workplace injury suffered in a workplace accident or for an occupational illness acquired at work. Specific types of benefits that may be able to help injured workers include:

  • Medical benefits – medical benefits include medically necessary treatment and care for the workplace injury including doctor’s visits, hospitalizations, physical therapy, medical tests, prescription drugs, prostheses, attendant care and mileage reimbursement for travel to doctor’s visits.
  • Lost wages benefits – The rate, amount and the duration of compensation for lost wages depends on the injured worker’s disability. Workers may suffer temporary total disability, temporary partial disability or permanent total disability which can impact their disability benefits. They may also be able to receive impairment income benefits based on their maximum medical improvement.
  • Benefits for surviving loved ones – surviving family members may be able to receive compensation for funeral expenses, as well as educational benefits for a surviving spouse and compensation for dependents.

Workers’ compensation benefits are intended to help injured workers and their families through the various aspects of a workplace injury including the medical care they need, the wages they have lost and to also help surviving family members following a fatal workplace accident. Regardless of the industry they work in, injured workers, and their families, should be familiar with the help workers’ compensation benefits can provide and how to obtain them.

Are you prepared for these truck accident defenses?

A truck accident can quickly send your life into what feels like a tailspin. The physical and emotional toll can leave you struggling to see how you’re going to get through the aftermath of your wreck, and the lost wages and medical expenses that are probably involved can leave you with an uncertain future. Fortunately, you might be able to recover compensation for your injuries by pursuing a personal injury lawsuit against both the trucker who harmed you and his or her employer. But if you’re going to go toe-to-toe with a truck company, then you need to be prepared to face their defenses.

Common vicarious liability defenses that truck companies raise

Truck companies have a lot of defense options in a personal injury case, but just about all of them focus on shifting the blame to another party. For example, a truck company will likely argue that you’re comparatively negligent in the case, meaning that you’re partially at fault, which can lead to a reduced recovery.

Another commonly utilized defense is frolic, which is where a trucker strays outside the course of his or her employment, thereby causing the wreck in question. In other words, the truck company argues that it shouldn’t be held accountable because it was not endorsing or benefiting from the activities the trucker was undertaking when the accident occurred.

Other defense options are out there. Third-party liability and weather conditions, for example, could come up in your case. You need to be prepared to address each of these defense tactics.

Be prepared for your personal injury claim

The best legal claims are those that are well-thought out and fully prepared. That’s why anticipating the defense’s arguments can be critical to your case. If you don’t know how to do that or feel like that assessment is best left in the hands of someone else, then you might want to think about seeking out support as you proceed with your claim.