Respecting Another Motorist’s right-of-way: Essential to Road Safety

Posted by on Jan 27, 2016 in Personal Injury Law | 0 comments

A motorcycle is defined as a two-wheel or three-wheel powered vehicle; to be allowed on public roadways, however, it should prove compliance with state and federal certification standards and should be licensed or registered (except in the case of a light scooter or a moped, which has an engine smaller than 50cc).

In 2012, based on records from the US Department of Transportation, the three states with the highest number of registered motorcycles were California, with 801,803, Florida, which had 574, 176, and Texas, with 438,551.

Though cars are now the most common means of transportation among Americans, it cannot be denied that the fame of motorcycles is continuously rising in all 50 states, instigating federal and state governments, as well as private organizations to keep on reminding drivers and motorcycle riders to always observe road courtesy to help ensure everyone’s safety on public roads.

One very clear observance of road courtesy is recognition of a motorcyclist’s right-of-way. Respecting another motorist’s, especially a motorcyclist’s right-of-way helps to promote traffic safety; failure to do so, however, usually leads to vehicular accidents.

When accidents involving motorcycles occur, the chances of riders sustaining severe injuries are very likely due to the very little protection that riders have. It is common knowledge among personal injury lawyers how bikers are much more prone to suffer traumatic injuries or even lose their lives in the event of a crash, compared to other motorists. This is because aside from a helmet and padded suit, motorcycle riders have nothing else to protect themselves against the force of impact during collision.

Determining the real and most direct cause of a motorcycle accident can be difficult without a careful and thorough investigation by a seasoned motorcycle accident or personal injury lawyer. While the cause of an accident may be road defect, motorcycle defect, reckless driving, intoxicated motorist, distracted driving or aggressive driving, there is one factor that is almost always present: negligence.

Because negligence is a totally preventable thing, this makes accidents totally preventable too. Careless motorists, therefore, can be ordered by courts to compensate anyone who may get injured due to their careless behavior.

Read More

Personal Injury Settlement Negotiation Process

Posted by on Dec 23, 2014 in Personal Injury Law | 0 comments

Negotiating a settlement following a personal injury claim can be pretty much a bargaining process. You and your lawyer will present a certain amount of compensation based on your presented evidence of damages, and the defendant’s insurance company or layer will try to argue over the amount and haggle their price. It may take some time to get to an agreement because neither side may not have a fixed idea on the amount to be paid or received and some law firms want to talk about the fee. It is therefore vital to be prepared on the several stages of the negotiation process. You have to have the necessary evidence (investigation, demand letters, supporting documents), know how the amount of which you are willing to settle for, and determine if you’re need for immediate settlement.

After you have sent your demand letter, you will soon hear from the insurance adjuster, and the settlement negotiation will begin. It usually takes within a week or two for the insurance adjuster to call you, but this can depend in the insurance adjuster’s schedule and how busy they are. The insurance adjuster may also need time to go over your injury settlement claims and talk with their client (the defendant) regarding the accident.

If the insurance adjuster responded with a “reservation of rights” letter, don’t be alarmed. This letter is aimed to inform you of their company’s right to investigate your claim and they reserve their right to withhold payment if they prove that the accident is not covered under their policy. It may be distressing to receive such notice, but you don’t have to be intimidated with it because it only notifies you of the insurance company’s right to protect themselves from fraudulent claims or acknowledging the coverage of their policy without performing an investigation. They also reserve their right to negotiate with you regarding your injury settlement claims, but it the letter would not determine how the insurance company will respond to your claims; this is be determined by the facts and evidence you present.

Read More

Uninsured and Underinsured Driver Accident Claims

Posted by on Sep 29, 2014 in Lawsuit | 0 comments

When you believe that you have been involved in a car accident with another driver who does not have insurance, one of the important things you should do first is to notify your insurer are soon as possible in order for them to know that you the intention of filing for an insured claim. This is because there are insurance companies that have strict policies regarding deadlines for their insured when it comes to notifying possible uninsured claims, therefore delaying can prove fatal to your claim. When the other driver informs you that he or she does not have insurance or if they are withdrawing from providing you insurance information, you should immediately notify your insurer about your plans for filing an uninsured claim, since they often take longer to process and develop. Insurance claims require you to gather and present evidence to make a valid legal claim. Underinsured drivers coverage is applicable only if the negligent driver’s insurance policy limits is below your own underinsured driver coverage. Filing a claim against your insurer for underinsured driver coverage will help to cover for the amount of damages that exceed the negligent driver’s coverage. As stated earlier, an underinsured or uninsured insurance claim may take longer to develop because it may take a while for you and your lawyer to determine value of the accident. Just as with a regular car accident claim, underinsured or uninsured driver claims follow the same patterns and would require presentation of evidence and a trial. However, if settlement between you and your insurance provider is made, you have no legal right to sue the insurance provider after the agreement.

Read More

Check Out This Article For Great Advice About Lawyers

Posted by on Aug 26, 2014 in Lawsuit | 0 comments

There’s no such thing as a minor legal woe, and you do not want anything less than the best. Finding the right one is not easy all the time, but it is a good decision. Fortunately, this article is packed with tips and ideas to facilitate optimal decision-making.

A good tip if you’re looking to bring on a lawyer is to make sure you thoroughly investigate whether or not a certain lawyer will be a good fit. It’s generally a good idea to go over a few different lawyers at a time and compare them to eac

Make a budget when it comes to paying for legal fees. If you contact an attorney and they are above your price range, try to find someone else. While there is nothing wrong with going a little over your budget, you do not want to choose a lawyer that you will have trouble trying to pay.

Do not hire a lawyer until you know more about their experience and their results. A young lawyer might be more affordable but you will definitely benefit from hiring a more experienced and more successful lawyer. If possible, try finding a lawyer who has positive experience with very similar cases. Check their websites to see if they have posted any results, like this one does

When you think about hiring a specialized lawyer, do you worry about the associated increase in fees? Well, what are you willing to pay for a positive outcome? Consider the cost of losing! Also consider that the savings in time of a specialist over a generalist will save you money, lowering the total bill.

A legal entanglement is never good. They can grow for pretty bad to horrible very quickly, especially if your lawyer is not up to snuff. With these tips, you are on your way to finding strong representation so that you’ll have the best chance of a good ending.

Read More

Cool Ideas That Can Really Help You Understand Personal Injury

Posted by on Aug 25, 2014 in Personal Injury Law | 0 comments

There are many unexpected events in life, and getting an injury is one of them. You can get an injury, but how you deal with the settlement process will leave the biggest impression. The sole purpose of this briefing is to provide a basic understanding of various aspects of personal injury litigation. If you want to be as prepared as you possibly can be, you must read the article that is found below.

When hiring a personal injury lawyer, it is important to find a practitioner with vast experience working on behalf of plaintiffs, like the Abel Law Firm. By researching the lawyer’s background and experience, you will be sure that you are engaging the services of someone able to work diligently to secure the compensation you and your family deserve.

If you are contacted by an insurance company that claims it needs to take a statement for their investigations, refuse to say anything to them. The best thing to do in this situation is to give them the name of your attorney and tell them to call him if they have any questions or concerns.

When meeting with personal injury attorneys, schedule meetings with various attorneys before picking one. Many offer free consultations to see if they can handle your case. During these consultations, you can find out about any costs that you can expect, which can help you avoid someone with lots of extra fees or someone that overcharges.

Don’t be afraid to question your personal injury attorney. For instance, understanding their education background is important. If they have been out of school for a while, also ask about their efforts to continue their education. Have they attended any conferences or seminars? Have they completed online work? You want the person you work with to have fresh, current information about personal injury law.

It’s very important that you spend some time putting the advice in this article into practice. The lawyer you chose should only be interested in what is best for you, through what can be a long and arduous process. Personal injury cases generally are more than just black and white, so you must know what to do to succeed at them.

Read More

A List Of Helpful Hints To Make Personal Injury Cases More Successful

Posted by on Jul 23, 2014 in Mass Tort Law | 0 comments

If you have recently suffered a personal injury, you know how scary and overwhelming it can feel. The physical effects can be very unpleasant to deal with, especially if it is a pharmaceutical related injury, like the recent testosterone supplement lawsuits. To make matters worse, if you are like most of us, navigating the legal system and knowing what to expect from your personal injury case can be very confusing!

When in a car accident, write down what happened as soon as you are safe to do so. For example, what you were doing when it happened, how you are hurt, what damage there is to your car, what damage there is to the other car, and what you think caused the accident or how the other driver was at fault.

Get out of your vehicle and take photographs of the scene from several different angles. You should take pictures of your vehicle and that of the other party. This is important since it will prove the damages were not exaggerated by you or the person you got into the accident with.

Don’t pay any money up front to a personal injury lawyer. A reputable personal injury lawyer will not require any money up front; in most cases they will offer a free consultation prior to taking your case. During this consultation be sure to ask them about exactly what you will be charged (whether it’s a flat fee or an hourly rate), and if they offer some sort of payment plan.

Hire a lawyer located where the court your personal injury trial will be playing out is located. This ensures they can easily get to the court for your dates, plus they know the local laws and understand them to a “T”. They may also be familiar with the judges and their personalities, which can benefit your case.

Hire a lawyer as soon as possible. If you have been injured, try to start the process of locating a lawyer within a week or two at most. If you have been hospitalized, or are otherwise too injured to do the work yourself, enlist the help of a friend or family member. A lawyer is your best bet for a successful personal injury claim outcome.

Suffering a personal injury is never a pleasant experience. While you cannot change what has happened to you, you nevertheless can educate yourself on the important facts about personal injury law to make your legal experience as tolerable and seamless as possible. You have been through enough already, after all!

Read More

Penalties For Public Intoxication

Posted by on Mar 1, 2014 in Law | 2 comments

Alcohol-related charges in the state of Texas can have severe consequences for those who are ultimately convicted in their cases. However, some convictions do result in more serious consequences than others. Public intoxication convictions, particularly when it is a person’s first conviction, tend to have less harsh consequences than, say, a third-offense DUI or DWI case. However, Texas courts still take public intoxication very seriously and generally handle alcohol-related cases severely in comparison to many other states. Thus, it’s critical that a person both understand the potential consequences facing him or her if convicted and seek legal help in such a situation.

What Determines the Penalties?

The consequences of a public intoxication conviction can vary hugely. Because the circumstances of any public intoxication case can vary greatly, so too can the consequences for a public intoxication conviction. Some of the variables that might factor into a person’s penalties include:

  • Level of intoxication
  • Previous offenses
  • Any damage caused during the incident
  • Any injury caused during the incident

These variables can greatly change a person’s sentence if convicted of public intoxication. Public intoxication charges are not always pursued, as the criteria for making one can sometimes be subjective. An individual has to be acting in a way that the enforcing officer believes is obnoxious, disorderly, or dangerous, which is not something that is easy to prove objectively. The laws for public intoxication vary from state to state, so it’s important to be aware of how your state treats drunken behavior to avoid any potential mishaps or accidental offenses.

Potential Penalties

If convicted, a person might find themselves burdened with the following penalties:

  • Mandatory alcohol-awareness courses
  • Legal monitoring
  • Community service hours
  • Financial penalties
  • Jail time

These consequences can greatly impact a person’s day-to-day life and might even have an effect on his or her permanent record. This is especially true of second or third offenses. As such, it’s very important to do everything in one’s power to ensure that he or she receives fair and strong legal representation to give him or her the best chance at reducing or eliminating the charges or penalties against him or her.

If you or someone you know is facing charges of public intoxication, contact an experienced DWI attorney today to evaluate your case and discuss potential defense options.

Read More

Dividing Assets and Properties in Divorce: Factors the Court Considers

Posted by on Nov 2, 2013 in Divorce | 1 comment

Division of assets, properties, and debts that accompany a divorce case can be an additional worry-filled and taxing experience for divorcing couples, especially if no pre-nuptial agreement was entered into and, more so, if the spouses can not come to agreeable terms. This scenario would particularly be a concern to one of the spouses who chose to take care of the household over pursuing his or her professional career.

Dividing a divorcing couple’s wealth and debts is one related concern that will directly affect each of the spouse’s style of living right after the divorce is complete. Thus, this is one really sensitive issue as it will mean laying down of all finances to enable the judge (handling the divorce case) to make a fair decision on who gets which property and asset and how much debt each of the spouses will have to pay.

Before making any decisions, however, the court will first need to establish which properties and assets are subject to division, meaning, which are non-marital and marital (acquired during marriage). Properties and assets include employer-sponsored 401K or retirement savings plan, retirement and pension plans, life insurance, deferred compensation, commissions and bonuses, mutual funds, stocks and bonds, saving accounts, vehicles, antiques and art, among others. The marital home may be temporarily exempt from the division as it is usually awarded to the custodial parent (if the couple has a child/children) but only until the child finishes high school or turns 18.

Some of the other factors considered by the court in dividing property and assets are length of marriage, the income and/or property contributed (by each of the spouses) into the marriage, each of the spouse’s earning capability and income, their health, ages, and their standard of living during marriage.

Not all states are the same with regard to how their local courts divide property and assets. Unless changes have been made, the 50-50 rule division still holds true in nine states (California, Louisiana, Washington, Arizona, Wisconsin, Idaho, Texas, Nevada and New Mexico). All other 41 states make an equitable distribution, the basis of which is reasonableness and fairness.

Read More

Defining Driver Error

Posted by on Oct 19, 2013 in News, Personal Injury Law | 0 comments

A large number of car accidents in the United States are associated with driver error. Driver error refers to a broad variety of mistakes that a motorist may make behind the wheel which, though it may have been unintentional, creates a danger for others on the roadway. Anyone who is injured as a consequence of an accident caused by driver error may be able to seek financial compensation through a civil lawsuit against the responsible party.

Driver error can take many different forms, but most of these errors result in an increased chance of a car accident and subsequent injury to another person. This injured person could be facing more inconveniences than physical injury. Depending on the severity of an accident and the injuries sustained, emotional trauma is likely and costly medical treatment may be necessary. Coupled with ones missing of work, this can create a significant financial strain as well. Though legal action cannot undo the damage or eliminate the pain, it can help to relieve associated financial burdens.

Forms of Driver Error

Because driver error is such a broad term, it encompasses many different types of mistakes. The following are representative forms of driver error which may have contributed to or caused your accident:

  • Misjudging necessary braking distance
  • Not using turn signals when turning or switching lanes
  • Taking a turn too quickly
  • Depressing the wrong pedal or operating in the wrong gear (for trucks)

These and many other forms of driver error threaten the safety of motorists. If you suspect that you have been the victim of driver error, it is advisable to speak with an experienced car accident lawyer about your possible case.

Read More

What Causes Yaz Side Effects?

Posted by on Sep 22, 2013 in Personal Injury Law, Pharma Law, Yasmin Lawsuits | 0 comments

The fact that Yaz has side effects is not news. In fact, 12,000 people are very much convinced that it is the cause of serious conditions such as liver failure, kidney disease, deep vein thrombosis, stroke, heart attacks, depression, and migraine headaches in women who take the contraceptive and have filed defective pharmaceutical lawsuits. What most people do not know is the mechanisms that cause Yaz side effects.

The active ingredients in Yaz which prevent pregnancies, alleviate premenstrual dysphoric disorder (PMDD) symptoms and act on moderate acne are drospirenone and ethinyl estradiol. In combination, these two hormones comprise what is referred to as a 4th generation oral contraceptive

Drospirenone is a form of progestin, a synthetic progestogen which suppresses ovulation. It is a steroid hormone which also suppresses the water and electrolyte regulating hormones of the body, which can increase potassium levels. This mechanism makes Yaz contraindicated for women with adrenal, kidney or liver disorders because the body is unable to process high potassium levels. This can lead to serious health problems.

Drugs being taken in the long-term that also results in elevated potassium levels should not be used in combination with Yaz. These include:

  • Nonsteroidal anti-inflammatory drugs such as ibuprofen for chronic pain conditions such as arthritis
  • Diuretics for low potassium such as spironolactone
  • Potassium replacing Angiotensin-converting-enzyme (ACE) inhibitors such as Capoten
  • Aldosterone antagonists

Ethinyl estradiol is also a synthetic compound which serves the function of estrogen in the combination. Estrogen has a significant impact on a woman’s menstrual cycle, including the coagulating function. This could be one of the reasons why some Yaz users are at higher risk for forming dangerous blood clots.

Under ideal circumstances, this combination of drospirenone and ethinyl estradiol is the best possible for effective contraception, as well as the aforementioned treatment of PMDD and acne. However, there are significant risks associated with this formulation, which is why women who want to take it should consult with their doctor and provide a complete medical history to get an accurate assessment of the desirability of using Yaz.

Read More

Mom’s Assault on Skateboarder Caught on Camera

Posted by on Sep 3, 2013 in Battery Crimes | 0 comments

A video of a professional skateboarder accidentally running into a small child in the park and then being punched in the face by the child’s mother has gone viral. It has accumulated more than a million views, with most commenters split down the middle about whether the mother was justified in her actions or not.

Leland Goldberg is not a stranger to hard knocks; being a professional skateboarder, hard knocks are just about all he knows. But when a mother physically assaults him for running into her child while filming the pro skateboarding mixtape “Warm Gravy” in Cannery Park, California, the veteran railslider was clearly at a loss.

The whole incident was captured on video and was posted on YouTube, where it scored a million hits over a few days. Reactions from viewers were mixed, but most were either siding with the mother in her role as mother avenger or against her for being a negligent parent. Some viewers asked if Goldberg can sue her for battery.

Actually, he can.

Under California law as described in Penal Code 242 PC, battery is defined as any willful and unlawful physical contact which is offensive or harmful. What the mother did in this instance was battery, and renders her criminally as well as civilly liable. The only justification that may be used for battery is self-defense, or in protection of another person from imminent harm. As neither condition is applicable to the case, this is clearly a case of battery. Whether the mother was negligent or not is a different point altogether, and does not concern Goldberg, who has a good case for sending the mother to jail to cool off for a while and for financial compensation for personal injury.

Read More

Woman Files Lawsuit After Cemetery Incorrectly Buries Family

Posted by on Jun 10, 2013 in Lawsuit | 2 comments

Mount Ever-Rest, a Kalamazoo, Michigan cemetery, is facing a lawsuit accusing it of not buying a woman’s parents according to their wishes and refusing to correct its mistake.

The woman’s father purchased several plots for himself and his immediate family prior to his death in 1989. He and his wife intended to be buried in the same plot, under a tombstone that read “Together Forever.” Sadly, the cemetery ended up burying the man in the wrong plot, and when his wife died in 2002, she was buried beneath the headstone, all alone.

The couple’s daughter visited the cemetery on a regular basis, even after moving to Tennessee. Her suit claims that she did not learn of the cemetery’s mistake until 2011, when her husband died and the plot that was meant for his burial was found to be occupied. The woman wanted her husband to be buried next to her parents’ combined grave, but he could not be since the spot he was meant to be buried in was occupied incorrectly by her father. She made several attempts to have the cemetery correct its mistake, but it refused.

The lawsuit seeks $10 million in damages and accuses Mount Ever-Rest of misrepresentations and negligence. The woman says that her parents cannot rest peacefully until the cemetery’s unreasonable mistake is corrected.

Read More

The Degrees of Burns

Posted by on May 30, 2013 in Health, Personal Injury Law | 2 comments

Burn injuries can be devastating and sometimes have horrifying and potentially deadly consequences. The severity of a burn injury is determined by how many layers of skin the burn penetrates. There are commonly three recognized levels, or degrees, of burn injuries.

First degree burns are the least severe. These burns only penetrate the top layer of the skin, the epidermis. Even though they are not severe, they can still be uncomfortable and may require some form of treatment and a few days of recovery. A sunburn is an example of a common first degree burn.

Second degree burns are those that reach a person’s dermis, the layer of skin directly below the epidermis. These burns are more painful than first degree burns, take longer to heal, and often result in blisters and create a risk of infection.

Third degree burns reach through the epidermis and can result in serious infections and sometimes necessitate amputation. They cause serious damage to the skin and underlying nerves. It is said that once a burn reaches third degree status, it becomes painless because it has destroyed nerve endings that respond to pain at that point. Fourth degree burns are rare, but even more severe. These extend all the way through the lower layers of skin, melting away flesh and leaving behind damaged muscles or bones. They can often result in infection or death.

Burn injuries are a scary experience that can lead to psychological trauma. Suffering through a severe burn because of someone else’s irresponsible actions can be cause for a lawsuit. Filing suit against the party responsible for your burn injury can help you recover compensation for the medical costs and other losses you’ve sustained as a result of another person’s negligent behavior.

Read More

Secured and Unsecured Debts

Posted by on May 14, 2013 in Self Help | 1 comment

Being in debt is not something people want for themselves, but almost everyone has some form of debt they’re trying to catch up on. While in your eyes, all debts may be the same unhappy obligation, to the law, there are two different general types of debt: secured and unsecured.

Car bills, credit card payments, student loans, and mortgages are the most common debts held by Americans. These debts have various levels of security attached to them. Debts that are secure have some form of collateral that can be repossessed should you fail to make payments. Secure debts include debts such as car payments, mortgages, and any other debt that a creditor can put a lien on.

Unsecured debts are those that have no specific asset tied to them. These include credit card debt, and hospital bills.

The types of debt you have play a major role in how a bankruptcy proceeding will come along. Since unsecured debts do not have assets tied to them, you will not lose the item or benefit you gained from them in bankruptcy. Items tied to secured debts can be taken from you and sold off in bankruptcy, however. It’s best to always pay debts on time to avoid the stress and financial difficulties tied to having to file for bankruptcy.

Read More

DUI Penalties In Washington

Posted by on Apr 23, 2013 in Business, Law | 1 comment

Having a couple of drinks with friends is something many people over the age of 21 do for fun in Washington. While a fun activity that usually ends with a couple of good memories, sometimes drinking can result in a person being pulled over by a police officer under the suspicion of driving under the influence. Unfortunately, this can lead to a very serious situation for anyone, as a DUI conviction can drastically affect a persons personal, professional, and financial well-being.

However, a person facing such a charge is not without options and should have an aggressive, experienced, and passionate attorney protecting their rights and interests. Should you find yourself in this situation, speak with a local Bellevue DUI lawyer today about what legal options are available to you.

1st Offense Penalties

When charged with a DUI in Washington, a person will find themselves facing different penalties depending on their BAC level. According to Habush Habush & Rottier S.C. ®, if a persons BAC is below .15, they could face the following penalties:
* 24 hours to 1 year in jail, or 15 days of enforced electronic home monitoring
* No more than 5,000 in fines, but no less than 865.50
* 90 days of drivers license suspension

If, on the other hand, a persons BAC level is .15 or greater, they could find themselves facing the following increased penalties:
* Between two days and one year of incarceration, or 30 days of electronic home monitoring
* Between 1,120.50 and 5,000 in fines
* Drivers license suspended for one year

Additionally, regardless of a persons BAC level, they could be saddled with the following consequences:
* Installation of an ignition interlock device
* Required SR-22 insurance
* Potential alcohol/drug education classes

These penalties may increase and become more serious depending on a number of factors, such as where the DUI occurs, whether there is a minor in the car, and any prior convictions or charges.

Read More