Liability in a Trucking Accident

Posted by Adam R. Leighton on Jun 27, 2019 in Uncategorized | Comments Off on Liability in a Trucking Accident Experienced Attorney Any vehicle accident can be both costly and dangerous. Drivers and passengers and alike suffer severe injuries or even die from collisions on the road. Some of the worst accidents involve large trucks, including tractor-trailers, dump trucks and cement trucks. If you’ve suffered significant injuries due to an incident with a large truck that wasn’t your fault, it’s important to determine who holds liability. An experienced accident attorney can help you hold the right party accountable so you can get the compensation for medical bills that you need. Truck Driver If the accident occurred because the driver of the truck was breaking the law by speeding, running a red light or stop sign, or in some other way, it should be simple for you and your lawyer to prove he or she was liable. Distracted drivers will also be held accountable, as will truck drivers who caused an accident because of driving under the influence. Trucking Company If a truck driver collides with you on the road and causes damage to your vehicle and injuries to you, there could be other factors at play. The driver won’t necessarily be responsible for paying for your medical bills and car repairs or replacement. For example, if the trucking company that hired the driver failed to properly inspect the vehicle prior to the trip, the fault could lie with the organization. There are instances where, in order to stay on schedule or meet a deadline, a company could ignore safety regulations and do a poor job of preparing the truck for the road. The Manufacturer It’s also possible that there were defects with the truck’s engine, transmission, brakes, or with other parts, systems or components. If your lawyer can prove that faulty manufacturing led to the accident, liability could fall upon the company that made the vehicle. Proving the Case The process of deciding which party is responsible for the accident can be both complicated and time-consuming. You shouldn’t have to battle with insurance companies, trucking companies and drivers to get the financial help you need following an incident. A skilled attorney will investigate the situation thoroughly and, if necessary, will take the case to the courtroom. With the right legal help in your corner, you can feel confident that the offending party will be held liable for your injuries and recovery. The case may not always be clear-cut, but...
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The Most Important Things to Do After Your Injury

Posted by Adam R. Leighton on Jun 22, 2019 in Uncategorized | Comments Off on The Most Important Things to Do After Your Injury Car Accident Lawyer Injuries occur every day. A child is injured in a car accident after school. A woman slips on water in the grocery store and breaks her hip. A man walking his own dog gets bitten by an off-leash dog in the neighborhood. A patient dies in surgery when the doctor misses something. Victims face difficult questions after an accident due to someone else’s negligence. If you’re injured, take these five steps to recuperate and to recover compensation. Get Medical Treatment If you’re involved in an accident, you should get medical treatment right away. Not every injury is immediately noticeable. If you’re in shock, adrenaline could mask pain. Getting medical help right away provides a paper trail in case you have more serious injuries that develop later. Make sure to obey doctor’s orders. Report the Injury If you were in a car accident, contact the police and report the accident to your own insurance company. If you were injured at a store, contact the manager. Make sure to report the accident to an “official” authority. Go the manager, not just a store employee. Try to get something in writing that shows you did contact an authority. Don’t make judgments, just give the facts. Keep Documents From the police report to repair bills, you should make sure to keep all the records that you receive after the accident. If you take photographs of the scene of the accident and/or your injuries, create a separate folder on your phone to find them quickly. Don’t throw anything away or just put it on your desk, thinking you’ll find it later. Make a point to track everything. Stay Off Social Media Don’t make public statements about your case, your injuries or your prognosis. If you are injured, don’t post pictures on social media that might contradict your claim. If you say you have a back injury, you don’t to post pictures that show you riding a horse. Even though you might be in pain, the other party’s insurance company could use that evidence to show that your injury isn’t as bad as you claim. Talk to a Personal Injury Lawyer Don’t talk to the other party’s insurance company without discussing your case with your own personal injury lawyer. It will give you peace of mind about whether you should accept the initial settlement or not. Your attorney can help you maximize...
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Can I Sue a Nursing Home for Injuries to My Loved One?

Posted by Adam R. Leighton on Jun 17, 2019 in Uncategorized | Comments Off on Can I Sue a Nursing Home for Injuries to My Loved One? Nursing Home Neglect Lawyer If your loved one was injured while residing in a residential facility, contact a nursing home lawyer. Your family may be eligible to receive compensation from the facility for your loved one’s damages. Obtaining a large settlement will offer your family the opportunity to provide the medical care your elder needs to treat their injury. Some cases involve much more than physical injuries; residents may experience emotional or psychological harm instead of or in addition to visible injuries. A nursing home lawyer can help make this possible. Lawyers have negotiated substantial settlements for clients and their families who have suffered so much at the hands of negligent or unscrupulous persons or companies. Nursing home abuse can take many forms and those who run and/or own these facilities should be held accountable when they allow the residents to suffer harm in any way. Call a law firm to schedule a consultation with a nursing home lawyer to discuss your case and learn how we might be able to assist your family to get the justice you deserve. What kind of nursing home injuries are eligible for compensation? If a nursing homeowner or staff member was negligent, careless, or failed to take reasonable action to prevent an injury to a resident, they might be held liable for the damages that resulted. “Damages” is a legal term in this context used to describe injuries. What are examples of common injuries that a resident may suffer while in the care of a nursing home? An injury may be physical, emotional, or mental. Also, a resident may initially sustain a physical injury but then subsequently suffer emotionally and/or mentally from that physical injury. For example, if a resident suffered a broken hip because the nursing home staff failed to keep a corridor free from debris, they might experience pain and suffering from their injury, during the treatment, and after treatment. Pain and suffering are considered compensable damages. This means that if your loved one experienced these feelings, or continues to experience them, your family’s nursing home lawyer can include them as damages in the claim. Pain and suffering are common non-physical injuries. Additional physical and non-physical injuries that are common include the following: Anxiety Depression Confusion (in extreme cases, the confusion can lead to making poor choices about self-care and other issues) Bedsores Side effects from not receiving proper dosages...
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How Much Should You Expect From a Personal Injury Settlement?

Posted by Adam R. Leighton on Jun 10, 2019 in Uncategorized | Comments Off on How Much Should You Expect From a Personal Injury Settlement? If you have been injured as a result of someone else’s actions, you probably have a case to file a suit for compensation. You probably have a lot of questions about what goes into a personal injury case and how you can get the money you are owed. Remember, the best thing you can do is to speak with a personal injury lawyer to have your questions answered. This guide goes over some of the basics, like what the average settlement is. Getting What You Are Owed While it may seem like asking what the average settlement is for personal cases may be a good question, this is actually flawed thinking. The purpose of a personal injury lawsuit is not to get any particular amount, and the specifics of the case vary the settlement greatly. If you have a case for a lawsuit, you should not be thinking about how much you can get, but prioritizing getting compensated for what you lost as a result of the injury. This is also the approach the judge is going to take if you are successful. If you paid $5,000 in medical bills, you should expect to receive something close to $5,000. To answer your question, however, most settlements range from $3,000 to $75,000. Types of Damages There are three types of damages. These are the categories of payment that the defendant must make if the court rules in favor of the plaintiff. Your case may include all of these, or just one, and how many are included in the ruling determines how much you will receive. Special compensatory damages are the most basic type of damages. They include everything that has a set monetary value, such as medical expenses or lost wages.General compensatory damages are usually thought of as “pain and suffering.” For these damages, the judge will put a monetary value on anything that is otherwise subjective. For instance, the judge may rule that the emotional trauma is worth $500.Punitive damages are extremely rare. They are awarded for no other reason than to punish the defendant. Punitive damages usually only occur in cases where someone was acting maliciously or exceptionally irresponsibly. Settling If you decide to settle, instead of letting the court case run its course, you should expect to receive a little less in exchange for saving court costs and getting paid faster. Your personal injury lawyer in Deer...
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How Long Do I Have to File a Wrongful Death Case in Georgia?

Posted by Adam R. Leighton on Jun 9, 2019 in Uncategorized | Comments Off on How Long Do I Have to File a Wrongful Death Case in Georgia? Wrongful Death Lawyer Wrongful death is any death caused by the wrongful act of another person. Wrongful acts include negligence and recklessness. Causing a death intentionally is also wrongful in the absence of self-defense or some other privilege that is recognized by Georgia law. Most wrongful death lawsuits arise from traffic accidents. The families of pedestrians, bicyclists, motorcycle riders, drivers, and passengers who are killed in car accidents can pursue wrongful death claims in Georgia courts. Other wrongful death lawsuits arise out of construction accidents, dangerous products, nursing home neglect, and physical assaults, among other causes of death. Again, family members can seek compensation for those deaths. If the lawsuit is not filed within the time specified by Georgia law, however, the family will lose its right to seek wrongful death compensation in court. The time limit depends on the circumstances. Time for Filing a Georgia Wrongful Death Case Section 9-3-33 of the Georgia Code states that the time limit for bringing a lawsuit based on injuries to the person is two years from the date on which the right to bring the lawsuit “accrues.” Georgia court decisions make clear that the right to sue for wrongful death usually “accrues” on the date of the death rather than the date of the accident. There are some important exceptions to that rule. If the death was caused by a government employee, the time for filing a lawsuit may be shorter. Even if the filing deadline is two years, the right to recover compensation might be lost if a notice of claim is not filed with the government. Depending on whether the claim is filed against the city, county, or state government, it may be necessary to file a notice of claim within six months after the accident causing the death. In some cases, family members will have additional time to file a wrongful death lawsuit. The two-year period in which a wrongful death lawsuit must be filed is “tolled” under certain circumstances. The time that passes while the two-year period is “tolled” does not count toward the filing deadline. Tolling the Time to File a Wrongful Death Lawsuit by the Families of Georgia Crime Victims Section 9-3-99 of the Georgia Code gives crime victims additional time to bring lawsuits when injuries (including injuries causing death) result from criminal conduct. If the person responsible for the death could be charged with...
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