How to Hold Negligent Individuals Responsible

Does A Child Sport’s Waiver Form Relinquish You Of Your Right To Sue?

Posted by on September 29, 2015 in Uncategorized | Comments Off on Does A Child Sport’s Waiver Form Relinquish You Of Your Right To Sue?

When your child asked to join a sport, he or she probably provided you with a waiver form you had to sign. The organization offering the sport created the form and required you to sign it in order for your child to play the game. If your child ended up injured while participating in the sport, does this waiver relinquish your rights to sue? This question can best be answered by a personal injury attorney, and it will depend on several different factors. Was It A Normal Injury? The first factor that affects your ability to sue in this situation is the nature of the injury. When you sign a waiver form, you are basically saying that you understand the risks of playing this particular sport. While every sport has different risks, there are always chances that injuries can occur. If the injury is something that can easily happen during the sport your child was playing, you most likely will not be able to sue. Injuries like this can occur in many ways, and here are some examples: A child trips while playing soccer, and the trip results in a broken arm. A child falls during a basketball game and sprains his or her ankle. A child playing football is tackled hard and ends up with an injured leg. These are all normal injuries you can expect if your child participates in sports, and these are the types of injuries those waivers are for. Was It A Result Of Negligence Or Fault Of Another Person? The other main factor that affects your rights involves negligence on the part of someone else or the organization. If your child’s coach causes harm to the child, or if the organization fails to maintain the playing field or court, you might have a case. Signing a waiver to allow your child to play does not give the organization, coaches, or management the right to harm children or fail to maintain the equipment or property the kids use for the sport. Here are some examples of accidents that you may have a right to sue for: Your child’s coach pushes your child and causes an injury. Your child trips on a soccer field because of a large hole the organization failed to fix. The child falls off the bench because the bench was rotten or faulty. Another example of this involves injuries that occur while kids are traveling to a game. If the organization drives a bus with all the players and the bus is involved in an accident, you might be able to sue for the damages involved in the accident. It would really depend on who was at fault for the accident. How Can You Tell If You Have A Case? If you are trying to determine what to do after an injury has occurred with your child, you would be better off making an appointment with a personal injury lawyer, like those at Bulluck Law Group. When you go to the appointment, bring the waiver form with you. The attorney will need to carefully read over the wording on the form to determine its validity, and you will also need to explain the nature and extent of the injuries. With this information, the attorney will be able to determine how to...

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A Truck Accident Lawyer Has The A-Team You Need To Prove Your Claim

Posted by on August 31, 2015 in Uncategorized | Comments Off on A Truck Accident Lawyer Has The A-Team You Need To Prove Your Claim

Do you feel like it’s going to be impossible to prove that the truck driver who hit you–changing your life forever–was distracted at the time of the accident? Maybe you smelled alcohol on his/her breath at the scene, but no one seems to have followed up on your statement about that to the police. Was it possible the driver was fatigued or just not paying attention? If you’ve had any interactions with the trucking company’s insurance lawyers, you know they are never going to admit the driver’s responsibility. In fact, they may even point the finger at you and say that the accident was your fault. How do you get the evidence you’re sure is there to prove the truck driver’s liability? You hire an experienced truck accident attorney with a solid repertoire of investigative techniques. You can’t do it alone Maybe you initially thought it was a good idea to bypass an attorney for your claim against the trucking company. After all, the case seemed cut and dry: The truck driver was undeniably to blame, and you deserve compensation for your injuries. However, insurance companies have an agenda: to keep as much of their policyholders’ premiums as possible. They have no compassionate interest in making things right with you and have a team of attorneys on retainer that finds loopholes in their liability. You need to hire a truck accident attorney who is not only familiar with trucking company tactics but has a few up their sleeve as well. Common investigative methods Once you hire a lawyer, you gain tremendous advantage for your case. Most importantly, your attorney will communicate with the insurance company’s lawyers so that you don’t have to face them anymore. The lawyer you hire will also have a team of investigators that will gather the evidence needed to win your case. Some of the most common investigative methods used include: Requesting a copy of the accident report from the police. This allows your attorney to know what the official account of the collision is based on the accounts you, the truck driver, and eyewitnesses gave to police at the scene. Sending preservation of evidence letters. These official requests prevent the trucking company from destroying information that might be used to implicate the driver such as the driver log book, driver qualification files, inspection reports, and driving tickets. Obtaining evidence from the truck’s black box. This internal recording device is full of information the trucking company may not want your attorney to have, such as the truck’s speed on impact, deceleration rate, wheel performance data, time before impact, and airbag deployment. Hiring accident reconstruction engineers. As the name implies, these engineers look at all the available evidence (including skid marks, roadway conditions, vehicle debris, and black box data) and then analyze which factors contributed most significantly to the accident. Interviewing witnesses. Although witnesses may have given initial statements to police at the scene of the crash, your attorney’s investigators will go back and re-interview them. Sometimes details that end up proving a truck driver’s liability for an accident get lost in the hectic side-of-the-road drama, never to be known unless there is a thorough follow-up. Witnesses are valuable because they are impartial and can testify in court. Judges and juries who hear testimony corroborating the...

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How Will Ohio’s New Subrogation Law Affect Personal Injury Claims?

Posted by on July 22, 2015 in Uncategorized | Comments Off on How Will Ohio’s New Subrogation Law Affect Personal Injury Claims?

If you live or work in Ohio, you may not give much thought to what your auto insurance covers, or how your insurance policy interacts with other drivers’ policies — until you’re involved in an accident. Suffering physical injuries due to another driver’s negligent or reckless driving can leave you with bills to pay and decisions to make regarding your best course of action, particularly if the driver who hit you was under insured. However, a recent change to the way insurance subrogation works in Ohio could affect the amount of money you’ll be able to recover from the other driver through a personal injury lawsuit. Read on to learn more about your financial options following an accident that was not your fault.  How are costs associated with an auto accident paid? When you’re hit by another driver, this driver’s auto insurance policy should pay for damage to your vehicle and medical bills up to the policy limits. The minimum amount of bodily injury insurance you’re required to carry in Ohio includes a maximum of $25,000 in medical payments per person or $50,000 per accident — this means that if someone has only state minimum coverage and causes you to incur more than $25,000 in medical bills, you may be on the hook for costs over this amount. If the person who caused your accident doesn’t have auto insurance, your uninsured motorist coverage should kick in but will again be subject to your maximum claim amounts and may not be enough to cover all your medical costs if your injuries were severe or require ongoing treatment. Regardless of whether the other driver had good coverage, minimal coverage, or no coverage at all, the insurance company paying for these damages may try to negotiate this amount down to the lowest possible amount. If you’ve incurred costs not covered by an insurance payout or settlement, you may choose to file a personal injury lawsuit against the other driver. This can allow you to finally be fully compensated for the harm to your vehicle, your body, and your lifestyle. What does the change in Ohio’s subrogation laws mean for insurance claims? A recent change in the way insurance policies pay out damages to those whose full injuries aren’t covered by the defendant’s insurance policy could result in more money in your pocket. Under the old law, insurance companies were permitted to take out a percentage of the recovery amount for injured plaintiffs, even if the plaintiff’s bills weren’t covered by the original amount provided by the defendant’s insurance company. This change will put a cap on the amount of fees and costs that can be charged by an insurance company during the processing of a claim that won’t cover all the plaintiff’s bills, and could boost the amount of your insurance recovery by a substantial margin. When should you file a personal injury lawsuit? If you’re still facing medical bills after the insurance payout, you may opt to file a personal injury lawsuit to recover the rest of the costs owed you. Unlike an insurance settlement, a personal injury lawsuit can allow you to recover punitive damages — funds intended not to compensate you for your injuries, but to punish the defendant for aggressive, reckless, or negligent behavior behind the wheel. If you...

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Injured By An Aggressive Driver? What Are Your Options?

Posted by on July 15, 2015 in Uncategorized | Comments Off on Injured By An Aggressive Driver? What Are Your Options?

Aggressive driving is not only aggravating for those being tailgated, cut off, or otherwise harassed, but can also be dangerous and cause accidents. In fact, 15 states have enacted laws or regulations prohibiting aggressive driving and prescribing civil and other statutory penalties for those whose actions lead to a traffic stop or accident. If you’re injured by an aggressive driver, you may be wondering about your next steps to help punish the offender and make yourself whole. Read on to learn more about the treatment of aggressive driving under civil and personal injury laws, as well as what you should do to help yourself recover. Will an aggressive driver who hits you be arrested? In the states that have enacted laws penalizing aggressive driving, a driver whose aggressiveness has caused an accident will likely be cited at the scene and subjected to court fines and penalties at a later date. Failure to pay these fines could result in a driver’s license suspension or even an arrest warrant on contempt charges. However, if this aggressive driving rises to the level of recklessness, or if the driver tests positive for alcohol or illicit drugs at the scene of the accident, he or she will be arrested and may be subject to misdemeanor or felony charges. You may be asked to testify against the defendant if he or she is arrested for reckless driving — you’ll be asked questions about the accident and what you remember. If the other driver pleads guilty to reckless driving, or pays the citation or other aggressive driving penalty, you should be able to use this admission of guilt as evidence in a personal injury lawsuit you bring against the driver. If this driver contests either charge or fails to appear or pay his or her fine, you may be able to use this as negative character evidence. How will you be compensated for the medical bills and other expenses resulting from your accident? Regardless of how the civil or criminal case against this driver is adjudicated, you should be able to recover medical expenses, lost wages, and other costs from the aggressive driver through a personal injury lawsuit. You’ll want to consult a personal injury lawyer or law firm before filing, as these cases can be complex and shouldn’t be handled without professional counsel. Although you’ll be able to gather some evidence on your own, and can assist your attorney by providing information, the bulk of investigation and negotiation will be handled by your attorney. There is a certain period of time during which you’re able to file this lawsuit — called the statute of limitations. This time clock begins ticking as soon as the accident takes place, and may expire a few years (often two to three years) later. If you fail to file a lawsuit against the aggressive driver before the statute of limitations for your state expires, you’ll be forever prevented from taking any legal action against this driver, even if your injuries are severe. This is one reason it is important to seek legal counsel as soon as possible after your accident. As the case progresses and your attorney gathers evidence, the defendant may offer to settle this case outside of court to avoid a lengthy, expensive battle. In some cases (especially...

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