When Injured due to Someone Else’s Negligence, Seek help as soon as possible.

By on 10-13-2015 in Personal Injury

Due to the statute of limitations, a time constraint put on personal injury cases, a plaintiff, the person filing the lawsuit, needs to file their claim as soon as they are able because the opportunity to receive compensation for their pain and suffering may expire.

The attorneys at Williams Kherkher Law Firm recommend contacting an attorney even if it is only for simple legal advice that does not lead to a lawsuit. They recommend keeping track of:

      All medical expenses resulting from the accident

      All property damage

      Any lost wages due to time off work

      Photos and other evidence of the accident

      Emotional trauma

      Pain and suffering

This is information necessary to building a case against a negligent party in any personal injury case. The Williams Kherkher attorneys have 30 years of experience in fighting for people’s lawsuits and understand that the victim’s priority should be to their health and well-being as well as their family. They also understand that an insurance company’s priority is protecting itself and its related parties, so they fight to recover all lost income a family incurred and more to cover all further pain and suffering that their clients experienced.

 

In short, personal injury lawsuits are about holding parties responsible for their negligent actions. Accidents can result devastating outcomes, both emotionally and financially, so victims should call professionals to help fight for them to get the best outcome in their cases because the fight may be too much for one person alone.

What Damages Can You Get From A Personal Injury Claim?

By on 10-13-2015 in Personal Injury

Incurring a personal injury can have a wide range of consequences. Whether a car accident or a workplace injury, it can result to huge losses on your part. Not only will you be able to work but also not support your family. For this reason, you may seek compensation for the losses you have incurred. In legal parlance, this is called “damages.”

Basically, there are two types of damages that you can claim in a personal injury case. The first type is compensatory damages. From the name itself, this is a monetary claim designed to pay for loss compensation as a result of accident or injury. It is designed to make the plaintiff “whole” again at least from a financial standpoint. Compensatory damages refer to expenses that are easily quantifiable such as property damage or medical expenses. They fall into two categories namely special damages, which pays for monetary losses, and general damages, which pays for non-monetary losses.

Monetarty losses in compensatory damages may include medical expenses, costs of living with disability, lost wages, repair or replacement, or funeral expenses. Non-monetary losses are difficult to quantify. You cannot put a monetary value on pain or suffering or loss of consortium.

The second type of damage that you can claim in a personal injury case is punitive. They are not designed to compensate the plaintiff but to punish the defendant for causing the injury and as a deterrent for others to get involved in a similar accident. They are usually not awarded in a personal injury case but can be considered when compensatory damage has been awarded.

Punitive damages are only awarded to the plaintiff as a result of the despicable or reprehensible behavior of the defendant. Unlike compensatory damages, punitive damages will not usually top the million dollar bracket so most states put a limit on how much punitive damage they will award the plaintiff. In most cases, this is limited to less than ten times the amount of the compensatory damage.

How damages will be awarded to the plaintiff can also be affected by their role in the accident. Most states are governed by “comparative negligence” when awarding damages. According to the website of the Law Offices of Yvonne M. Fraser, if you are partially at fault for the accident, it could greatly have an impact on the amount of damage you will get. In addition, in some states the concept of “contributory negligence” is adopted. This means that if you were deemed partially at fault for the accident, you might not be entitled to receive damages for it.

Finally, most state laws require the plaintiff to take reasonable steps in mitigating the monetary impact of their injury. Sitting back and resting on their laurels will not help the plaintiff get the damage that they desire.

The After-Effects of Distracted Driving

By on 10-13-2015 in Personal Injury

Several motor vehicle collisions happen for the most innocent. There continues to be such blue focus paid to DUI that people are generally rested about texting, consuming, talking on their mobile phones, using makeup, or even altering radio stations stop. However, any kind of distracted driving can lead to a collision. It merely requires a couple of seconds of inattention to happen.

The thing is, there are laws against drinking and driving but maybe not for the preceding causes of distracted driving. This might be because it is not impossible to get real proof of driving while drunk or impaired driving. There are breathalyser field-sobriety tests, and blood tests to verify whether a motorist is unfit to operate a vehicle. What kind of evidence is it possible to get for shifting a certificate of deposit at time of an accident?

That makes it more difficult for an automobile accident lawyer to establish a case of neglect against a defendant who had been texting, as an example, at an episode in Iowa’s time. Unless the defendant acknowledges to it or allows the lawyer access to phone records, then that is just about it for the easy course. According to the website of Abel Law, at the most, the casualty of distracted driving are going to be able to get some compensation for medical expenses, yet this will nevertheless be based on the circumstances.

It seems unfair, but this is how the system operates.

Automobile and Truck Collisions

By on 10-13-2015 in Personal Injury

Every time a car hits the highway, an accident is a possibility that is very real. According to the website of Ravid Law, vehicle accidents happen every 8 seconds. Vehicles are not always safe, and that’s just why drivers need to have a license to control them. This is especially true as it pertains to semi-trailers; the thing is with an 18-wheeler accident, the harm to individuals and property are generally serious.

Driver error continues to be the most effective reason for vehicle injuries even though truckers are regulated professionals. This contains diverted driving, no- zoom injuries, mistakes in space estimate, boosting, and braking errors. Some accidents happen through actions of sheer neglect such as drunk driving, exceeding hours of support, and automobiles that are malfunctioning as a result of poor maintenance. While the fault might be the truck driver’s, those who pay the highest price regarding bodily harm the trucker’s, would be the occupants of hapless and the additional autos people.

There were about 270,000 truck accidents in America with over 3,000 fatalities and 60,000 injuries in 2011. It would be safe to mention that for failures including a vehicle and also an 18-wheeler, the occupants of the vehicle might be worse-off than the trucker, which explains exactly why it is important to give any big trucks in the vicinity a wide spot.

Liability for acts of negligence by way of a trucker which results in car- truck accidents result in death or serious injury is shared by the driver and owner of the truck in varying degrees. It is up to a wrongful death attorney or a capable injuries lawyer to correctly ascertain the proximal cause of the accident, which events may be liable, also to ready the situation for judicial proceedings. In some cases, the car manufacturer, could also be found responsible for an accident.