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Dog Days Of Summer: What You Should Know About Canine Attacks

Posted by on 7:13 am in Uncategorized | Comments Off on Dog Days Of Summer: What You Should Know About Canine Attacks

Since people spend more time outside during the summer months, it makes sense the risk of dog attacks would go up. The question is – do you know what to do if a dog attacks you or someone you care about? What rights do you have? How likely are you to get attacked in the first place? How Likely Is It That You’ll Be Attacked? Did you know that around 2% of the population is attacked by dogs in the United States? Only 17% will require medical attention. While you could be 2% of the population, children are the most at risk, especially younger children. This is possibly because they are most likely to go towards dogs without fear, not understanding the harm they could cause. If you are a parent, it is essential that you teach children to be wary of dogs. This is not the same as being scared. They will need to ask the owners if they can pet the dogs and not run straight over to them. It is also important they understand not to pull on tails and about petting gently. What Can You Do If You Are Attacked? If you or your child is attacked by a dog, in most cases the owner will be liable. The reason for the attack occurring doesn’t matter in a number of different states. That doesn’t excuse you from any liability at all. If you or your child were negligent in any way, the liability of the owner will be smaller than it would if you were not negligent. It is possible to claim for any injuries. You will need to show medical expenses or prove loss of wages to be able to claim financially. If the owner can prove that the dog was being teased, taunted, or in other ways attacked by you or your child, you may not be able to claim. What Can You Do to Lessen the Chance of Attack? Most dogs will not attack for no reason. They are usually provoked, even unintentionally. The best thing you can do is remain calm around dogs. They bark to get you away in many cases, so remain calm and back away from them. If the dog is aggressive, avoid eye contact and turn sideways. You can keep the dog in your peripheral vision, while getting away. Ideally, you want to do everything you can to avoid yourself, your children, and anyone you care about being attacked by a dog. However, if an attack does occur, it is good to speak to a personal injury lawyer, like Charlie Tucker P.A. for example, about local dog bite laws and what options you have....

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3 Reasons To File A Wrongful Death Claim

Posted by on 4:16 am in Uncategorized | Comments Off on 3 Reasons To File A Wrongful Death Claim

Losing a loved suddenly can be an emotional and traumatic time of life. You’re sure to be overwrought with grief and being able to work through this will take time. However, justice should be served, and if another party is to blame for this lost life, you will want to take legal action. By knowing some of the common reasons that will enable you to file a wrongful death claim, this may be helpful to you. Reason #1: Auto accident  Many claims of this type that are filed are due to a car collision. If the other driver was to blame for the accident and this resulted in the death of your loved one, you may be able to take legal action. However, keep in mind that you will need to have the necessary proof to be able to do this. Some of the documentation that will help you in this process includes a police report stating the cause of the wreck and the driver at fault. Additionally, having photographs of the damaged vehicle and other significant details can be helpful for your case. Reason #2: Medical malpractice Losing a person in your life due to being wrongfully treated by a professional medical provider can be overwhelming. This individual may have been in charge of helping this person, but caused the death to occur instead.  This type of wrongful death claim is due to medical malpractice and listed below are some reasons it could happen: 1. Negligence by the hospital, doctor or nurses to provide proper care for this person. 2. If the equipment at the hospital wasn’t working properly and this contributed to the death of this person. Reason #3: Criminal behavior If there was criminal activity that resulted in the death of your loved one, this could provide you with enough evidence to file a wrongful death case. This could include the intentional murder of this person or even an unintentional act that resulted in the loss of life. Being able to build a strong case of this type will require you to have the right amount of evidence to do so. This means knowing the facts and ensuring you are eligible to take legal action against another person. Be sure to rely on the expertise of a wrongful death attorney (like those at Fitzsimmons & Vervaecke Law Firm) if you’re faced with a dire situation of this magnitude in your life today for legal...

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3 Things You Should Have Ready When Meeting With A Personal Injury Attorney

Posted by on 10:58 am in Uncategorized | Comments Off on 3 Things You Should Have Ready When Meeting With A Personal Injury Attorney

Filing a personal injury lawsuit can be the best way to get restitution for a wrong committed against you. This is especially the case if you were in a car accident and are suing either the insurance company, or the other party for damages. If you are new to filing lawsuits you might be wondering that you should expect from your first meeting with the attorney. Here are some things you need to know. 1. Bring In All Documents Relating To The Accident It is so important that you have proof of the wrong committed against you. This can only be done through documentation. Although someone may have hurt you, if you can’t prove it, you don’t have a case. This is why you need to bring in all documentation you have on the case so that the attorney can decide how strong your case is. These documents are police reports from the accident, medical bills, doctors assessments on the damage done from the accident, pictures of the damage, and anything else that might prove that you were wronged. This will help the attorney determine if your case is legitimate. 2. Have Insurance Correspondence Printed Out All the correspondence that you have with insurance companies should be kept. Any letters or emails should be readily accessible so that you can show if the insurance company was not helpful. In some cases people don’t hire the party that caused the accident, but the insurance company that failed to pay out on claims. For example, if you were in an accident and the insurance failed to pay your medical bills, expenses from the car accident and anything else, you could file a suit against the insurance company. But in order to do this, you need to be able to prove that the insurance company denied claims that should have been honored. 3. Bring An Estimate In How Much You Experienced In Damages Lastly, you need to bring in documentation to show how much your damages are worth. Although you might have a strong case against the other party or your insurance company, the attorney needs to determine how much the case is worth and what you will be asking for in damages. This comes from medical bills, appraisals on damaged property, lost wages, and so forth. Bring in all documentation with an estimate of how much you think you should sue for. These are three things that you should have ready when meeting with a law firm, such as Gelman Gelman Wiskow & McCarthy...

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Answers To Three Questions About Workers’ Compensation Claims

Posted by on 7:35 am in Uncategorized | Comments Off on Answers To Three Questions About Workers’ Compensation Claims

Having the misfortune of suffering an injury while you are at work can be a stressful situation as you may not know what to expect. Fortunately, most employers are required to carry workers’ compensation insurance, which can protect employees in the event that they suffer serious injuries. However, those that have never had to file a workers’ compensation claim might need to have the following few questions answered. What Type Of Benefits Can You Collect From Workers’ Compensation? The costs of receiving treatment for a serious injury can quickly become staggering. However, if your workers’ compensation claim is approved, you will not be required to pay for this care. Additionally, it may be possible for you to be granted a portion of your average wages while you are recovering. The exact amount will vary based on the requirements of your state, but this supplemental insurance can prove invaluable to those that are wanting to maintain a relatively comfortable quality of life while they recover from their injuries. Will You Be Able To Choose The Doctor That Treats You? After suffering an injury, you may want to be treated by your normal physician. However, the employer will likely be able to choose the attending physician during the early stages of your recovery. In instances where you will require prolonged care, it may be possible to file a petition to change your doctor, but you will likely need to show a legitimate reason for requesting this change. Can Your Workers’ Compensation Claim Be Denied? Unfortunately, there is a chance that the employer or the insurance company could contest the validity of your claim. For example, it can be argued that you were directly violating instructions and safety protocols at the time of the injury. Additionally, these claims may be denied if you test positive for certain illicit substances. When your workers’ compensation claim is denied, you may need the services of an attorney with experience handling workers’ compensation claims. Your attorney will be able to help guide you through the process of filing an appeal for your claim. By gathering evidence that supports the argument that you were acting in good faith to complete your job duties, it may be possible for your appeal to be approved. Needing to file a workers’ compensation claim can be a stressful experience if you have never been through this process. By understanding the types of compensation these claims can receive, the fact that you may not be able to choose your doctor and the need to hire an attorney if your claim is denied, you will be better prepared to ensure your rights as an injured worker are...

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Highlights Of Installing Engineered Wood Floors In A Kitchen

Posted by on 2:39 am in Uncategorized | Comments Off on Highlights Of Installing Engineered Wood Floors In A Kitchen

If you’re looking for a cost-effective and simple DIY kitchen renovation, you should consider investing in engineered hardwood floors. There are many perks to investing in engineered floors, and this article explains some of the highlights of installing engineered hardwood floors in a kitchen. What Are Engineered Hardwood Floors? You will often hear engineered hardwood floors also referred to as prefabricated, layered or laminated. No matter what you call them, they are all essentially the same. They are made out of thin layers of composite wood that are glued together. The top layer is a real hardwood, but the lower layers are made out of cheaper wood layers that are glued together. This ultimately reduces the weight and cost of the floor. Engineered floors are also built with a special tongue and groove system. Basically, the pieces interlock with each other without any special tools. This means that they can be laid onto the floor very easily. All you need to attach them to the subfloor is a small hammer. Of course, you also need a miter saw to cut them to the right length. They are Perfect for Uneven Floors Engineered floors are definitely the way to go if your subfloor is not perfectly flat. If you are removing an old floor, there will often be residue left behind. For instance, mortar that is still stuck to the subfloor can be problematic. However, if you are installing a flexible engineered flooring product, you don’t need to worry about making the subfloor perfectly flat. This significantly reduces the cost of installation. In most cases, preparing the subfloor is more difficult and time consuming than actually installing the hardwood. They are Easy to Maintain You will also love the fact that engineered floors are so easy to maintain. Most floors have a durable, permanent finish over the top layer of hardwood. This means that you don’t need to worry about water damage. This finish also reduces dents and dings in your floor. Basically, the maintenance required for an engineered hardwood floor is more or less the same as that which is required for a linoleum floor. In the end, you will probably choose engineered floors because they are so durable, affordable and easy to maintain. However, you will also be pleased with all the great styles that are available. You should have no problem finding a product that fits into your home style. Consider this type of flooring the next time you undergo kitchen...

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3 Common Types Of Personal Injury Cases

Posted by on 4:56 am in Uncategorized | Comments Off on 3 Common Types Of Personal Injury Cases

If you’ve been in a situation where you have experienced personal harm or injury, the party that caused such harm to you could be held liable for damages. A suit filed against such a party is known as a personal injury case. Throughout the course of this brief guide, you will learn about three specific types of personal injury cases.   Medical Malpractice You can sue someone for medical malpractice if they meet one of two criteria. The first criterion involves a party falsifying their credentials as a physician or licensed health professional or otherwise posing as a physician or licensed health professional. This means, essentially, that someone is pretending to be a medical professional when they, in fact, are not. The second criterion occurs when a physician or licensed health professional does not mean the standards of their job or perform their job within reason. This usually means that a doctor has committed him- or herself to a lazy job. For example, if a doctor performed a surgery and absentmindedly left a piece of equipment inside of the patient’s body, he or she could be held liable for damages under the category of medical malpractice. Slip and Fall Cases These cases occur when you have slipped and fallen at a place of business or on someone’s property, and it was that business or property owner’s fault. This is usually a matter of negligence on behalf of the business or property owner. A prime example of a slip-and-fall case is that of an employee mopping up an aisle at a grocery store. After mopping, the employee fails to place a sign warning customers and fellow employees that the floor is wet. If someone were to slip and fall on the wet floor, then the grocery store could very well be held liable for damages caused to the person who fell. Defamation of Character There are, generally speaking, two types of defamation of character. Slander means that someone has, in a public, media based forum (usually television or radio) verbalized a lie about you in order to defame or harm your character. Libel meets the same criterion, but the method of disseminating that information has changed. Libel means that you have disseminated this lie in print, whether through a print or digital medium. In either case, the person in question could be held liable for damages due to the harm caused to your character.   If you believe you have been the victim of any of these forms of personal injury, it is highly recommended that you contact a local and trusted personal injury attorney (such as one from...

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Three Common Types Of Personal Injury Lawsuits

Posted by on 8:29 am in Uncategorized | Comments Off on Three Common Types Of Personal Injury Lawsuits

Did you know that there are around 700,000 personal injury claims filed in the United States each year? While the majority of personal injury claims stem from lawsuits filed after car accidents, there are several different reasons why someone might file a personal injury claim. Learn more about the other types of personal injury claims that can be filed. Medical Malpractice In 2012, more than $3 billion was spent on payouts for medical malpractice lawsuits, but medical malpractice lawsuits only make up approximately 15 percent annual personal injury claims. You can file a medical malpractice claim if you’ve received negligent care. However, it’s important to remember that a medical problem resulting in a bad outcome isn’t always a sign of malpractice. In order to file a claim, the medical provider’s negligence must have resulted in further harm to the patient. Slip and Fall Accidents If you are injured in a slip-and-fall accident, you can file a personal injury claim if your fall was caused by negligence of the property’s owner. For example, if you slip on a wet floor in a store and were injured, you could file a personal injury lawsuit if the store failed to place a sign in the area warning patrons that the floor was wet. While most people think about slip-and-fall accidents happening in a public place, accidents can occur on residential property as well. For example, if you didn’t remove snow and ice from your walkway, and it caused someone visiting your home to fall and become injured, that person could sue you for the cost of medical bills. Dog Bites It’s the dog owner’s responsibility to ensure a dog doesn’t attack someone. If the owners don’t ensure the safety of those around their dog, and their dog bites someone, it’s possible for the owner to be sued for negligence. This is why dog owners should always keep their pets in secure yards, post “Beware of Dog” signs if their dog isn’t good with strangers or children, and always keep their dogs on leashes when outside of a secured area. By taking these precautions, the chances your dog will bite someone is minimal. Personal injury claims cover a variety of different types of accidents. However, they all have something in common — the injury or harm was caused by someone’s negligence. So, if you’re planning to file a personal injury claim, ask yourself whether your injury could have been prevented if someone had been more responsible. If so, there’s a good chance you’ll be able to file a personal injury claim. Contact a lawyer, such as James Lee Katz, for more information....

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Oh, No- You’ve Been Injured. Now What?

Posted by on 8:12 am in Uncategorized | Comments Off on Oh, No- You’ve Been Injured. Now What?

If you suffer an injury either on someone else’s property or due to somebody’s negligence, it can be tricky to know what to do. This problem is exacerbated when the person at fault is a friend or family member. There are some prudent measures that you should take if and when you are injured at the hands of another person, and that may impact your compensation for the injury.    When you are injured: Seek medical attention. The first thing you should do when you are injured is to seek medical attention. Be sure to document any visits to the emergency room, as well as out-of-pocket costs for medications or doctor visits. Don’t delay because you lack insurance, as this may prevent some carriers from covering the costs of your treatment. Provide some proof.  If you are injured on someone’s property due to their negligence, such as a fall on unsafe stairs or you are bitten by their dog, try to capture proof of the incident with your camera. Take pictures of your injuries, the environment or situation that caused the injury, or damages to your car if you were injured in an auto accident. These may help later to show whether negligence was a factor in you becoming hurt. Read anything you are asked to sign. If you are filing a claim with an insurance carrier, be wary about signing anything until you have recovered from your injury or until your lawyer has a chance to examine it. Insurance carriers will push to get you to sign-off on any future payments, compensation, and coverage as soon as possible, but be aware that some injuries may require medical treatment or follow-up later, which won’t be covered when you sign-off with the insurer. Try to talk it out. Don’t try to go behind your friend or acquaintance’s back to get the information that you need to file a claim, if you feel that their insurance should cover it. Talk to them about the incident; if they are truly a friend, they will offer to file a claim on your behalf. If they resist, it might be time to move on to the next suggestion. Consult with a legal professional. The best advice for a legitimate injury is to speak with a lawyer that has personal injury expertise. These professionals are in the best position to advise you whether you should pursue an insurance claim or if you should take legal action. Many may postpone a retainer in lieu of a portion of any money recovered for your injuries and damages.    Be sure to speak to a personal injury attorney (such as one from Clearfield & Kofsky) before signing away any rights or compensation that an insurance carrier may be offering you. It is in the insurance company’s best interest to get you to sign-off on your injuries and claim, but that might devoid you of any further medical treatment or future costs. Be informed about what your rights are, and make sure you are protected by consulting with a personal injury...

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Three Things That May Limit Your Workers’ Compensation Benefits

Posted by on 1:20 am in Uncategorized | Comments Off on Three Things That May Limit Your Workers’ Compensation Benefits

Workers’ compensation insurance is meant to benefit employees who get injured on the job. The benefits include wage replacement, medical bills, disability, and rehabilitation, among others. However, you may not receive all the benefits since there are issues that may reduce your final settlement. Here are some of the examples of these issues: State Caps for Specific Benefits Workers’ compensation benefits are governed by state laws, and states usually put limits on specific benefits. For example, the weekly (wage replacement) benefits are usually calculated as 60% or 66% of the injured employee’s pre-injury earnings. Therefore, an employee who was earning $1,000 will receive $600 if the 60% calculation is used. With this reasoning, you expect to receive $1,200 if your average weekly earnings before your accident. However, this may not be the case because most states limit the maximum weekly benefit to $1,000 regardless of how much you were earning before your accident. Offset from SSDI Benefits If you are injured and applying for workers’ compensation benefits, then it’s likely you will also be applying for Social Security Disability Insurance (SSDI) benefits. However, you may not be given everything if you qualify for both benefits, and their combined total exceeds 80% of your pre-injury earnings. In most states, it’s your SSDI benefits that will be reduced. A few states, however, will reduce your workers’ compensation benefits.  In most states, however, the offsets only apply to some, but not all, forms of workers’ compensation benefits. Limit on Period of Collection Even if you have qualified for workers’ compensation benefits, you won’t receive the periodic payments forever. States have limits on how long you can receive partial wage payments. For example, if you in New Mexico, you can receive the benefits for up to 700 weeks while the state of California’s limit is a mere 204 weeks. Therefore, if two workers (one in New Mexico and another in California) sustain similar injuries, the one in New Mexico will still be receiving the partial wage payments long after their counterpart in California has stopped receiving them. Considering all these things, it’s clear that you should be extremely keen when dealing with workers’ compensation issues. If you aren’t careful, the limitations can seriously reduce your workers’ compensation benefits. The good news is that there are ways of minimizing these effects, so they don’t reduce your benefits too much. Talk to a workers compensation attorney to see what can be done in your...

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Is Somebody Watching You? Video Surveillance And Personal Injury Claims

Posted by on 3:14 pm in Uncategorized | Comments Off on Is Somebody Watching You? Video Surveillance And Personal Injury Claims

Could you be under surveillance right now? If you’re involved in a personal injury claim with a potentially large settlement, you very well could be. Learn more about how insurance companies try to use video surveillance to dismantle personal injury claims (and what you can do to prevent that). How is surveillance video used? A private investigator may follow you for weeks or months, filming you from the moment that you step out of your door and trailing around behind you anywhere that you go in public. As long as you’re in public (including your own yard), such surveillance is usually legal.  One purpose of the video is to try to catch you doing something that makes it seem like you aren’t as disabled or injured as you say you are. For example, if you say that you can’t lift anything over 10lbs, the investigator might hope to catch you carrying groceries into the house or shoveling snow. Another purpose of video surveillance is to try to impeach your testimony. In many states, surveillance doesn’t have to be turned over until after depositions are given. A deposition requires you to answer questions about your condition under oath. The insurance company’s attorneys may purposefully ask you questions about certain activities hoping that you’ll exaggerate your condition. Finally, some insurance companies use videotape surveillance to show to medical experts that are hired to provide an opinion about your case. The expert can only base his or her opinion on what is shown — and there’s no rule saying the insurance company has to show the expert the entire video taken. A carefully edited selection of moments culled from months of surveillance could easily mislead an expert into believing that your injuries aren’t that severe. For example, a video that shows you walking easily down your steps and out to get the mail could be shown to the expert, complete with video of you bending over to pick up a dropped letter. There’s nothing requiring the insurance company to show the expert witness the remainder of the video, which might show you stopping to rest at the bottom of your porch steps, your hand on your back, your expression showing your pain.  How can you combat the problem? First, be conscious of the fact that you could be on camera at any point if you are at work or in public, from the moment that you step out of your door until you’re back home again. By remaining conscious of how something might look on camera, you’re less likely to give the insurance company anything to use. Keep in mind that you can also be videotaped even in the waiting room of your doctor’s office. Insurance company investigators are not above such actions. You could also be confronted directly by an investigator, who may be trying to goad you into some action or admission that would put you in a bad light. Always refuse to talk to an investigator who attempts any type of “field interview” with you and contact your attorney immediately. Never allow someone who is investigating you into your home and try to avoid allowing him or her to even see inside your home. The reason that this is important is that the investigator will be looking for anything...

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