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Personal Injury - What to do

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Personal Injury Lawsuit
Personal injury can occur anywhere: at work, in your car, in the hospital, at a restaurant, on the sports field or simply walking down the street.

Personal injury lawsuits are designed to redeem compensation for past and future medical bills, lost wages, pain and suffering. The most common personal injury lawsuits involve car/truck accidents, sports injuries, work-related injuries, defective products, negligence and malpractice. These injuries can severely damage a person's future with disabling head and brain injury, spinal cord injury, knee injury, paralysis, neck and back pain. Even dog bites can cause serious injury.

Injuries at work can also be extremely disabling; employees can sue for damages incurred from exposure to toxic chemicals or harmful materials, safety hazards, accidents due to poor equipment or negligence, wrist injury and carpel tunnel.

A personal injury attorney can help resolve your injustice. Click on one of the links below to submit your case and related injury.

Personal Injury—Take Action
After the initial shock and any immediate medical treatment required, start to collect evidence about the accident. Were there any witnesses? If so, get their names and contact information. If applicable, take photos of the accident scene. Get copies of all your medical reports. If your accident happened at work, tell your employer immediately and fill out the necessary forms—you will need these for insurance purposes and/or worker's compensation.

Next, you will want to talk to your insurance company and figure out how much your claim is worth. There are a lot of variables to take into account, particularly if your injury is ongoing and medical attention will be needed down the road.

A person or organization that is liable (to blame) for your accident usually has liability insurance from their insurance company. A personal injury claim should cover the following:

  • medical care and related expenses
  • lost income lost because of time spent unable to work or undergoing treatment for injuries
  • permanent physical disability or disfigurement
  • loss of family, social, and educational experiences, including missed school or training, vacation, recreation, or special event
  • emotional damages, such as stress, embarrassment, depression, or strains on family relationships - from the inability to care for children to
  • psychological sexual disfunction
  • damaged property

Next, an insurance company will determine the amount of compensation. Generally, an insurance adjuster negotiates a claim by a "damages formula" that includes medical expenses as well as pain and suffering and other non-monetary losses, referred to as "general damages". If you think you are not being treated fairly or believe you are entitled to more compensation, you might want to seek legal help.


Compensation
You can claim monetary compensation if there is a person or an organization partially or totally to blame for your injuries.

A court will award you damages, i.e. money paid or awarded to you, (the plaintiff or claimant) in a successful lawsuit.

A personal injury can occur due to a multitude of reasons, from defective products (such as a vehicle) to medical malpractice to even slipping on a sidewalk.  The most common personal injury claims result from traffic accidents, accidents at work and in the home.  Illness is also classified as personal injury in work-related and industrial diseases, from stress and anxiety to asbestosis and pulmonary disease.

If you have been involved in an accident or need help for any reason, please call us at 713-926-0000 or e-mail us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Last Updated on Sunday, 04 April 2010 18:06
 

Motorcycles and Personal Injury Law

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Motorcycles are a very popular form of transportation these days, especially with the unpredictable price of gas. They are fun, fast, but can also be very dangerous if not operated properly. Just like an automobile, motorcycles can be involved in accidents. If you have been involved in a motorcycle accident in Chicago, you need an experienced Chicago personal injury attorney on your side. Motorcycle riders are much more exposed to the elements than drivers of automobiles, and that makes them very susceptible to injuries in the case of an accident. While wearing a helmet may help protect your head, you are not surrounded by steel, don't have airbags, and don't wear seatbelts on a motorcycle. Motorcycle accidents are caused by a number of factors, including:

Speeding Intoxicated riders Weaving in and out of traffic Automobile drivers failing to notice motorcycles in blind spots Failing to obey basic traffic laws Inexperienced riders

According to the National Highway Traffic Safety Administration (NHTSA), a staggering 4,000 motorcyclists were killed in 2006 alone. Motorcyclists can suffer from many different injuries resulting from motorcycle accidents, including:

Traumatic brain injuries Loss of limbs Spinal cord injuries Concussion Broken bones Abrasions Death

The NHTSA also reports that half of all motorcycle accidents involve the motorcycle colliding with a passenger vehicle. While motorcyclists enjoy more freedom, they are very exposed are often suffer the brunt of the injuries. There are certain things you should do if you are involved in a motorcycle accident, including:

Receive any necessary medical care. This is very important, even if you do not believe you have been injured. Injuries such as traumatic brain injuries can remain dormant for days after the accident. Call the police as soon as possible If possible, take pictures Get the information from any other drivers or riders involved, as well as any potential witnesses

If you have been in a motorcycle accident and need help - call our offices at 713-926-0000 or email us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Last Updated on Sunday, 04 April 2010 13:48
 

Car Accident Checklist - What to Remember after an accident

If you are in a car accident, chances are the last thing you'll be thinking about will be getting financial compensation. You'll probably be more interested in wiping your windpipe off the windshield, or making sure that all your fingers and toes have survived intact. The withering economy means that uninsured drivers are on the rise, according to recent statistics published by the Wall St Journal.

Jokes in bad taste aside, once you ascertain that both you and everyone else are all right, there is a lot you need to do to. While seeking medical attention and making sure everyone else is out of danger's way obviously is the most pressing item on your list, keep in mind that there are other steps you need to take as quickly as possible - regardless of whether the accident was your fault or not.

11 Important Steps to Take When an Accident Occurs

Here's a checklist of actions to take if the worst should happen...

1. Stick around at the scene. Even if it wasn't your fault, you could be charged with a hit-and-run if you leave. If everything looks okay and there seems to be no reason to stick around, resist the temptation to bolt until you receive reassurance from others that everything is all right.

2. Round up everyone is a safe place. Don't let people stay by the side of the road, especially if they are a bit dazed or confused by the accident. Make sure all children are out of the line of traffic.

3. Check for injuries and call for help. Call 911 and tell them the exact location of the accident, detailing who you think is involved and what the extent of the injuries are. If someone is seriously hurt, try to find out if someone has First Aid skills or medical qualifications before trying to move them or do anything that could endanger them even further. Only move them if absolutely necessary - if the car is about to explode, for example.

4. Move all vehicles to a safe area. This is doubly important: not only do you want to prevent further injury, but you could face additional financial claims if an oncoming vehicle suffers damage from not being warned. Use hazard lights if you cannot move the cars and call a tow truck.

5. Help the authorities. This means not only telling the truth, the whole truth and nothing but the truth, but also showing them your driver's license, insurance information and everything else they need or ask for. Be polite but...

6. Keep mum about who's at fault. Remember that a determination of liability can only be proven if one driver was careless, which in some cases is obvious, in others isn't. If it can be proved that someone failed to stop at a stop sign or ran a red light, for example, your life will be made easier. If you get rear-ended the liability usually falls on the other driver; they must be able to stop safely if someone stops in front of them - if they didn't, it's their fault.

7. Take notes and photos - and keep the evidence. As soon as you can, either directly following the accident or once you are in a fit state to do so, you should take notes about what transpired. While you may think you have a good memory, documenting everything in writing as quickly as possible will increase your chances of making a successful claim. Jot down what you were doing, where you were going, what you saw, what happened - even the weather. You should also take notes of any injuries or discomfort you, other passengers or the driver may be feeling, and take photos of all damage and injuries, if possible. And keep the evidence - if the car is totaled, don't let it be towed away to the dump immediately or you may lose out.

8. Talk to witnesses. Try to talk to as many people as possible who actually saw the incident with their own eyes, taking careful notes and getting all contact details. This might be especially important if the other party later makes claims about injuries that are non-existent, or greatly exaggerates them.

9. Exchange information with other parties involved. Make sure you get all the contact details of the other parties, not only their full name, address and contact numbers, but also their vehicle registration, their insurance details etc.

10. Report the accident. Many states mandate that accidents are reported to the Department of Motor Vehicles if there was an injury, and you should also call the police. However, lawyers suggest that you make the report as brief as possible, and admit no responsibility. Insurance companies could later use this information against you (see No 6).

11. Call your lawyer and file a claim. Even if the accident is relatively minor, this can nonetheless be a good idea if you think that money will be involved. An attorney who has lots of experience with personal injury cases might be the attorney for you - they sometimes work on a contingency basis. You will have to file a claim with the other party's insurance company as well if you are seeking compensation from them for your injuries or damage to your vehicle.

Top Tips

* Carry a list of emergency items in your glove compartment just in case, including a pen and paper, disposable camera, basic first aid kit and medical history card.
* Every state has different laws, so it's important you discover which ones are pertinent to your situation. Don't just get information across the board, make sure it applies to you.
* Know your insurance policy from top to bottom. If you know what is covered and what isn't, your life will be a lot easier should the unforeseen occur.
* The withering economy means that uninsured drivers are on the rise, according to recent statistics published by the Wall St Journal. Attorneys today are recommending that drivers have under-insured and uninsured motorist coverage, to protect them when they have an accident that is not their fault and the driver has no insurance or only the bare minimum as required by their state.

Getting in a car accident can be frightening and unpleasant experience, but it happens to the best of us. Fortunately, most accidents are relatively minor, and the aftermath can be dealt with fairly easily. Still, you don't want the headache of dealing with all the paperwork for months on end, and find yourself still trying to get compensation the following year.

If you prepare ahead for the possible eventuality of an accident occurring, you'll be well ahead of the game. If the worse does happen, maintaining a clear head and following the above checklist should help you get the best deal you can.

 

 

Catastrophic Personal Injury

The purpose of this article is not to suggest that injuries that are not "catastrophic" do not justify substantial compensation. Instead, the purpose of this article is to highlight the long-term effects that can be associated with particularly severe injuries, and the importance of obtaining quality legal representation for those injuries.

By "catastrophic," we mean to refer to injuries which require significant medical treatment, and which usually have a long-term or permanent effect on an injured person's life. Some injuries are catastrophic, but with good medical attention the injured person can make a good or excellent recovery. Others cause permanent disability, significant suffering, and may substantially shorten an injured person's lifespan.

It is often a good idea to seek specialized legal assistance with catastrophic injury cases. For example, some personal injury attorneys have a much better understanding of closed head injuries or burn injuries than others. A catastrophic injury can necessitate a lifetime of medical care, or repeated reconstructive surgeries. It is helpful to have an attorney who understands the treatment and recovery process. A severely burned child may require repeated surgeries to accommodate growth, in addition to various cosmetic surgeries. A child with a bone fracture that affects a growth plate may face difficult bone-stretching procedures, and may never have normal use of an affected limb. If an attorney understands the long-term effects of an injury, the attorney will be better able to argue for just compensation. If you wish to hire a personal injury lawyer, call 713-926-0000 or e-mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  We will sit down with you, explain your options, and get you the help you deserve.

When a person suffers a spinal cord injury, the person may face a life of disability and dependency. An active person can suddenly become an invalid, with injuries that cannot be treated by even the most advanced medical treatments. While there is always hope of a future medical advance which will ameliorate or even cure spinal cord injuries, at present medical science is limited. A parent whose child suffers a brain or spinal cord injury may suddenly find that the child requires full-time care. A brain injury may cause a personality change, causing a spouse, parent or child to suddenly seem like a different person.

One of the true tragedies of life is that many people are catastrophically injured, but cannot recover adequately for their injuries. Legislatures throughout the country have imposed caps on "non-economic" damages, which can be ridiculously low. Ironically, studies indicate that huge jury verdicts are rare, and that most injury victims are undercompensated. By misrepresenting the exceptional case as the norm, insurance companies have successfully protected their wealth at the expense of society's most vulnerable injury victims.

The worst and most dangerous drivers often carry the lowest possible amount of insurance that the law allows, or carry no insurance at all. Few people would voluntarily allow themselves to suffer even a simple fracture of a bone, even for tens of thousands of dollars. The amount of suffering that results from living a lifetime with disfiguring scars, or with a spinal cord or brain injury, is inconceivable. Our society really should do more to take care of its own -- to make sure that people who suffer catastrophic injuries do not effectively lose their right to a reasonably normal life, just because an insurance company successfully lobbied for damages caps on personal injury or malpractice actions.

If you or a loved one face recovery from a catastrophic injury, seek assistance from an attorney who has experience with your type of injury, and who knows how to find every possible source of recovery. Even if you don't have a legal cause of action, an attorney may be able to assist you in obtaining benefits.

 



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