Slip and Fall Accidents

Posted by Adam R. Leighton on Feb 18, 2019 in Uncategorized | Comments Off on Slip and Fall Accidents Experienced Attorney How do you determine fault when you receive an injury as the result of a slip and fall accident? Thousands of people are injured each year—some in minor ways or some in serious ways—as a result of this type of accident. They can happen when you slip on a wet floor, take a tumble on an uneven part of the sidewalk, or trip down a set of stairs. In some cases, the owner of the property you had your accident on will be the one responsible for your injury, in other cases, they will not be. It is important to first know if you could have taken reasonable means to avoid the incident. For example, if you are at a local coffee shop, you see someone accidentally spill their water, and you consciously walk that direction and slip on the water, the owner of the shop would not have received the appropriate notice to clean up the spill, and you had the reasonable means for avoiding it. In this case, it is possible the owner would not be held liable. That said, property owners must be careful with the upkeep of their property. There are no clear-cut rules on who is responsible for slip and fall accidents, but a few determining factors include: The property owner. Whether the property owner took reasonable measures to make their property safe. For example, do they keep the facility clean, the floors level, and the roof leak-free during a storm? Your awareness. Are you aware of your surroundings? Did you slip on a puddle outside during a thunderstorm (something that might be reasonably out of the property owner’s control), or did you slip on a large wet spot in the building that did not have the proper warning signs placed around it? How to determine liability For someone to be held legally liable for your injuries sustained during a slip and fall accident, one of the following from the list below must be true: The property owner or an employee of the owner must have somehow initiated the event that caused the injury, such as a worn spot on the ground, a spill, or some other dangerous surface to slip on. The owner or employee should have known of the surface being dangerous because any reasonable person who oversaw the property would have known about it and repaired it before someone...
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What Do I Do If I Got Traumatic Brain Injury in an Accident?

Posted by Adam R. Leighton on Feb 16, 2019 in Uncategorized | Comments Off on What Do I Do If I Got Traumatic Brain Injury in an Accident? Brain Injury Lawyer If you suffered from a brain injury during a car accident, you may be eligible for compensation, but it is important that you seek medical attention and acquire legal counsel in order to be sure that you get the compensation that you deserve. A traumatic brain injury can lead to costly medical care, physical, emotional and behavioral challenges, decreased function that impacts your quality of life, inability to return to work and loss of wages, and lengthy rehabilitation. Brain injuries are usually sorted into two categories: mild or severe. A traumatic brain injury is considered mild if the person experiencing the injury lost consciousness for less than 30 minutes. Signs of mild traumatic brain injury include: Excessive sleep Depression Coordination problems Changes in mood or violent outbursts Memory loss Loss of smell, bad taste in mouth, sensitivity to lights or sound Nausea Seizures Difficulty forming thoughts or sentences. Thought mild traumatic brain injuries may not seem serious, up to 15% of those who experience them will end up experiencing symptoms for a year or more. They usually are able to regain their full quality of life, but depending on their symptoms and suffering are still eligible for compensation. Then there are moderate to severe traumatic brain injuries. The symptoms of these injuries are more severe and occur within days of the injury. They include: Dilated pupils in one or both eyes Depression Bouts of nausea or vomiting Clear fluid that drains from ears Clear fluid that drains from nose Difficulty speaking or walking Confusion, irritability, combative behavior Knowing what to look for is advantageous to you so that you can describe these symptoms to a medical professional as soon as they occur. It is important to note that, while some symptoms occur immediately, others take days, even weeks, to show up. That is why you should consult a medical professional to be on the safe side if you notice any behavioral or physical changes after a blow to the head. Keeping records of your medical visits and documenting the effects of your injuries on your daily life can prove extremely helpful. While getting medical attention is first and foremost the most important thing, it may also be advantageous to speak with a brain injury lawyer St. Paul, MN offers after an accident. Calculating the damages in a traumatic brain injury case can be tricky and you...
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Witness of Fatal Texas Motorcycle Accident is Challenging Reports

Posted by Adam R. Leighton on Feb 16, 2019 in Uncategorized | Comments Off on Witness of Fatal Texas Motorcycle Accident is Challenging Reports Experienced Attorney A Texas man is challenging the police’s account of his friend’s fatal motorcycle accident in December, reports KSAT 12 News. According to San Antonio police, 24-year-old John Guevara was speeding on his motorcycle when he hit a car that was trying to turn right at an intersection. His friend, Mike Gonzalez, saw the crash and says this was not the case. Gonzalez was visiting with his friend when this crash occurred. Guevara told Gonzalez he would be right back, and Gonzalez says he watched as his friend hit the car, which was in the left lane and trying to make an illegal right turn at the time. He immediately ran to Guervara, but the young man would not wake up. Many family and friends spoke highly of the young man, including his three older sisters and his co-workers. Guevara worked his way up at a local auto business, starting out as a service technician, and had already become a general manager at the time of his death. He was also known for his giving nature and had recently held a drive for toys at his job, which ended up resulting in a truck full of toys for area children. In addition to leaving behind many family and friends, Guevara is also leaving behind a daughter who is just five years old. According to one of his sisters, Jeanette Guevara, her brother worked hard and did everything he could for his daughter. Tragically, John and his sisters had lost their own father at a young age, so he did not want his daughter to experience the same thing. Now, the Guevara family is hoping to spread the word about motorcycle awareness on the road. They say that all too often, people drive as if the motorcycles are not even there and tragic accidents are often the result. They also noted that Guevara was very careful about being safe and always wore his helmet. Gonzalez also added that people should be more careful and that while he had witnessed his friend speeding before, he was not speeding at the time of the accident despite what the police allege. Gonzalez pointed out that his friend was only a few houses down from where he left when he was hit, which did not give him enough distance and time to go at a very fast speed. The family of the victim...
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How a Workers’ Compensation Attorney Can Help an Injured Employee

Posted by Adam R. Leighton on Feb 14, 2019 in Uncategorized | Comments Off on How a Workers’ Compensation Attorney Can Help an Injured Employee Workers Compensation Lawyer While on the job, workplace accidents can happen to employees. A worker may fall, trip, slip, or hurt themselves in some other way. These injuries can arise due to an environmental hazard or poor safety protocols. Injuries can also happen due to one incident, or from the accumulation of repetitive motions overtime. In such situations, a workers’ compensation attorney can assist employees who have been hurt on the job to obtain financial compensation for the incident. Q: What types of workers’ compensation benefits are available? A: Workers’ compensation laws enable employees to receive various benefits, depending on injury severity. Examples of available benefits could include permanent total disability, permanent partial disability, temporary partial disability, wage reimbursement, vocational rehabilitation, and medical coverage. Q: Are there laws for workers’ compensation benefits? A: Employees who suffer from workplace accidents may be able to receive benefits depending on the laws for their state. The overall idea is the same, but each state may have differences when it comes to who is covered, how much, and how long the benefits can be used. Workers’ compensation programs were created as a way to provide the employee with the support they need in order to recover from the workplace injury. Q: Can an employee receive these benefits regardless of who was at-fault? A: Workers’ compensation programs were established to help prevent disputes between employer and employee when work-related accidents occur. The factor of who was at-fault isn’t of so much importance. However, there are specific circumstances where an employee may be denied workers’ compensation benefits. Employees who had drugs or alcohol in their system, were committing a crime, or intentionally self-inflicted the workplace accident, are unlikely to be approved for these benefits. Q: How can a workers’ compensation attorney help me? A: The goal of any attorney representing an injured worker, is to ensure their rights are being protected and are receiving a fair amount of benefits. An employee who feels they are being treated unfairly, may meet with an attorney for assistance. A workers’ compensation attorney may also perform duties such as: Conducting discovery Organizing medical evidence and accident records Litigating cases in front of a judge or referee Drafting legal documents Taking depositions and statements from parties related to the case Q: What kind of skills should I look for in my workers’ compensation attorney? A: There are many skills to...
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What is considered defamatory on social media?

Posted by Adam R. Leighton on Feb 14, 2019 in Uncategorized | Comments Off on What is considered defamatory on social media? Experienced Attorney Social media is now woven into the fabric of many people’s daily lives, and not surprisingly, the issue of defamation can arise and hiring a personal injury lawyer may be necessary. In some instances, the defamatory content is at risk for exposure to a large number of people, possibly into the hundreds of thousands, or more. There are many scenarios in which this is a huge problem, as our personal injury lawyer has seen firsthand. If you have been defamed on social media and suffered financially or emotionally as a result, contact an attorney. They may be able to negotiate a settlement on your behalf from the responsible party. What is defamation? Defamation is the disparaging of an individual by someone in written and/or spoken form. Defamation in published writings is called libel. Defamation that is spoken aloud and overheard by others is called slander. Defamation is a civil wrong, not a criminal wrong, and so the victim can sue the defamer with the help of a personal injury lawyer to obtain a financial settlement that recovers their damages. What are damages? In the context of defamation, it is a civil wrong and considered damage to the victim. To receive compensation for that damage, the victim must show how the defamation resulted in a financial loss or an emotional loss such as embarrassment. The victim’s personal injury lawyer can assign a dollar value to the damages and then submit a claim for that amount. The claim will be directed at the defamer. If they do not agree to pay the victim a settlement, the personal injury lawyer may advise their client to pursue a civil lawsuit against the defamer. What are some examples of defamation on social media? Social media sites are social by their very nature, and so the interaction of members with resulting feedback is strongly encouraged. As our personal injury lawyer might tell you, social media platforms are often Gossip Central and facts are not always differentiated from fiction. Lies or defamation about someone’s character or a business can be devastating to the victim. Here are some common examples of this, thanks to social media: A photo editing application might be used to create an image that is extremely derogatory or embarrassing to the subject of the photo, and in this way defaming them. The doctored image may try to portray the person involved...
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