Thursday, December 10, 2015

Crosswalks can still pose a danger to those on foot

How many of us who cross busy streets daily have been buzzed at one time or another in the crosswalk by a car whose driver apparently just couldn’t wait for the walker to clear the road?

Too many, it turns out. And most of the time, all you can do is shake it off, clench your teeth and bite your lip.
                                                 Crosswalks can still pose a danger to those on foot
Unfortunately, pedestrians in our automobile-dominated culture are too often ignored in this manner. Sometimes the results are tragic. St. Louis is one of the U.S. cities whose rate of pedestrian injuries or deaths has grabbed the attention of the Federal Highway Administration. The agency has included it among its so-called “focus cities” that require extra attention to shore up safety.

“I think everyone is just starting to become aware of this pedestrian-safety issue,” said Meredith Klekotka, TravelGreen manager at Trailnet Inc. in St. Louis.

Americans are walking — and bicycling — more. So while motor vehicle crash fatalities are on the decline, the number of pedestrian and bicyclist injuries and deaths have been on the rise since 2009, according to the U.S. Department of Transportation.

Part of the problem can be traced to our culture and part of it can be linked to the construction of St. Louis roads, which were designed for a larger city, she said. Pedestrians who cross downtown streets, for instance, can spend 80 to 90 feet in a street. Meantime, pedestrians may have to go well out of their way to cross at a downtown corner. As a result, we see a lot of dangerous mid-block crossings.

Missouri’s pedestrian laws, meanwhile, are antiquated. They have been on the books since the mid-1960s, are not as tough as laws in other states and are “probably out of date,” Klekotka said.

Making our streets safer for pedestrians will take a multipronged approach, according to safety advocates such as Klekotka. Laws will have to give police more authority to enforce crosswalk safety. Streets can be re-engineered to reduce a pedestrian’s exposure. (We have seen curb extensions that reduce the actual driving surface that needs to be crossed on foot.) And there is plenty of room for public education.

On the national stage, U.S. Secretary of Transportation Anthony Foxx has declared pedestrian and bicyclist safety a top department priority.

Tougher laws don’t necessarily mean pedestrians would be safe. A survey released last week by the Active Transportation Alliance showed that drivers stopped less than 20 percent of the time when pedestrians tried to cross a street within a marked crosswalk. Compliance was lower on unmarked crossings, the group said.

Chicago and the state of Illinois have “must stop” laws, requiring drivers to stop when someone is in a legal crosswalk.

“In Chicago, we’ve got a long way to go before a lot of drivers even are aware of this law,” said Ted Villaire, a spokesman for the alliance. “It is not very good compliance.”

Saturday, December 5, 2015

Obtaining Compensations for Personal Injuries - Role of an Injury Lawyer

A victim of personal injuries can always claim for compensations from the faulty party. Injuries can be classified into many segments and compensations depend on the extent of injuries as well as on the expenses that have been incurred for its treatments. Compensations for the pain and trauma are also demanded. Getting personal injury claims settled is not as simple as it sounds. Therefore the best thing to do is to contact an experienced and trustworthy personal injury attorney in your area who can help with the entire process – from applying for the claim to making negotiations and so on.
                                               
Here are some cases where chances of getting personal injury compensations are high:

Cases of medical malpractice – What can be more pathetic than becoming a victim of medical malpractice? In case you do not get competent treatment at a hospital, laboratory or a clinic, or suffer some kind of injury due to unprofessionalism of doctors or nurses or develop some problems due to negligence of staff at the hospital, nursing center etc, you can claim compensations for all the losses. Both medical laws and legal rules will be under scanner in such cases. If the case is prepared in a proper manner and presented before the court, it is possible to obtain good amounts of compensations for the same.

Severe injuries – There are innumerable cases of severe injuries faced by victims of accidents. Most of the auto accident cases, bus accidents, truck accidents etc lead to severe injuries. Infact many patients have also succumbed to the injuries while undergoing treatments. Personal injury claims start rising when the injuries are serious and severe. It is also obvious that the time taken for the patient to recover from such injuries will be quite long and naturally medical bills will also be huge. In case there are problems in getting compensations for these losses, hiring a personal injury attorney is the best thing to do.

Exposure to toxic chemicals or elements – Pollution due to chemical toxins are increasing with each passing day. There are contaminants and pollutants in air, water, soil as well as in foods. It is actually very difficult to spot a particular source for such pollutions. Even if people fall ill or sick due to such pollutants, it is difficult to prove the same. Various kinds of scientific data and information are required to prove the toxicity and the harm that it does. It is understandable that gathering such data is pretty difficult. Chemical industries and other companies are well protected legally and so it is difficult to bring any case against them. In such situations, the best thing to do is to hire the services of an expert personal injury attorney.

Injuries that lead to disability or long term illness – Many injuries have long-lasting impact on people. While some injuries might lead to long term illness, some of the injuries can make a person handicapped and crippled for lifetime. Compensations for such injuries are quite high if proper claims are made for the same.

Choosing the best personal injury attorney is recommended for dealing with personal injury cases.

Wednesday, December 2, 2015

Alternative Claim Procedures

Accidents occur due to one’s negligence or the fault of the other person involved in it. In either case, there may be injuries caused. Injuries that are visible and those that cannot be seen.  But these invisible ones actually cause severe pain and discomfort for the person injured. These include strains and stress of the muscles. It also may be a ligament tear or a blood clot. All the mentioned injuries cannot be seen and thus it becomes difficult for the injured to claim insurance.

Alternative Claim Procedures
On the other hand, the insurance company may try to underplay this so as to settle for less. In this case, the question arises about how a claim can be made.  You can file a suit against the offender in the court. This may take a long time to settle keeping in mind that the intensity of the injury cannot be perceived by the judge. Arbitration is the best alternative.

Arbitration is an Alternative Dispute Resolution (ADR). In this type of settlement, the settlement is done out of the court proceedings and traditional lawsuits. If both parties agree for quicker and less messy proceedings, they can go for arbitration system of settlement. 

How does it work?
When the claim is relatively less, (in some places it is less than $50,000) these matters can be subjected to mandatory court-annexed arbitration. The court appoints an arbitrator whose decision will be final. This procedure is inexpensive and relatively informal. A certain amount is fixed by the arbitrator and becomes final. But if one of the parties is dissatisfied, the trial court will hold a trial de novo.  Trial de novo means these appeals are not appeals at all, but mere “do overs” for someone who is unhappy with the result.

When can one adopt Arbitration?
Insurance companies have institutionalized policy of appealing these awards. This is because they need to pay less to the defender. Thus the amount that one may get from arbitration system may be accepted. Another major concern is regarding the jury. The jury has to take painful attempts to understand the injuries they cannot see. These include strained necks and backs. Many times these are the cases that go for smaller claims. So the jury’s work becomes tedious and time consuming and thus may discourage one from going into regular law suits. 

This choice of settlement can be adopted for speedier and less tedious settlement.

Compulsory Arbitration System in Personal Injury
Injuries sustained during an accident may be external or internal. External injury such as a broken leg or arm, or any bleeding involved is quite visible. But it is not that a person will sustain only a visible injury. Many a time a person may sustain a strain in the neck or back, a pull in the muscle or so which is quite invisible. This does not mean that this injury should not be counted as a personal injury. Though externally invisible these injuries are also eligible for claims.

The person injured often feel discouraged to impress the insurance company as this may be a petty claim. Or on the other hand may file a suit against the other offender for a claim. The insurance company may want to settle this for less. When a law suit is filed, again the jury fails to understand the extent of damage. This makes the jury’s work quite tedious and time consuming. 

Arbitration system can be the best alternative for such claims as this requires less time. When the two parties agree upon an arbitrator, the court appoints an arbitrator to settle the matter. The arbitrator looks into the matter and decides upon a particular settlement. It is not necessary that the parties have to agree to it. If any of the party is dissatisfied they can appeal in the court again. But it is rare that it needs a review. 

What is Arbitration system?
Arbitration system is a type of Alternative Dispute Resolution (ADR). It is a way to settle matters outside the traditional lawsuits and court room.

Advantages
  •  It is inexpensive and faster.
  • One time hearing and decision taken. Doesn’t require trials again and again.
  • The amount of settlement is within a pre-fixed range that the insurance company can pay.
  • The insurance company also is compelled to pay some amount to the injured which otherwise may be high or low according to the insurance company.
  • It will be beneficial as the arbitrator knows the law and the value of the case.
  •  It also allows the parties involved to settle for this high or low amount.
  •  Arbitrations are held outside courtrooms in private offices or conference rooms.
  •  It is relaxed and comfortable.

Tuesday, December 1, 2015

4 kids killed in Pennsylvania crash weren't restrained, authorities say

4 kids killed in Pennsylvania crash weren't restrained, authorities say
EFFORT, Pa. –  Four children killed in a multi-vehicle crash in northeastern Pennsylvania were not in booster seats or wearing seatbelts when the car in which they were traveling caused a high-speed, four-car crash, police said Sunday.

The Saturday afternoon crash killed five, including the 23-year-old woman driving the car in which the children were riding, the Pennsylvania State Police said. Three other people went to hospitals.

Police did not disclose the identities of the children or their relationship to the dead woman, Destini Watson, of Blakeslee. An adult passenger in Watson's car, Monisha Roberts, 21, survived after being ejected from the vehicle.

Watson, Roberts and the drivers of the three other vehicles were wearing seatbelts, but the children were not restrained, police said.

Police say the pileup happened after Watson tried to pass another vehicle at a high rate of speed on Route 115 in Monroe County, about 70 miles north of Philadelphia.

Watson passed the car and began moving back into the southbound lane when she lost control of her vehicle and swerved into the northbound lanes. Her vehicle struck a second vehicle, flipped onto its side and struck a third vehicle. A fourth vehicle crashed into the third, police said.

Roberts and the drivers of the second and third vehicles -- Harold Roberts, 77, and Wade Hunter, 53 -- were taken to hospitals. The driver of the fourth vehicle, Patrick Mikolaitis, 41, suffered minor injuries, police said.

Tuesday, November 10, 2015

No Personal Injury Protection for Motorcycles in Maryland

If you drive a car in Maryland, your insurance must provide you with $2,500 coverage for personal injury protection. This is a small amount of mandatory no fault insurance coverage for drivers in Maryland. If you are in a car accident, your personal injury protection benefits (known as PIP) will pay your medical bills, and up to 80% of your lost wages. You can still file a personal injury lawsuit against the at fault driver, and recover your full damages in that case, but PIP will pay some immediate benefits in the meantime.
                                No Personal Injury Protection for Motorcycles in Maryland
However, Maryland law allows car insurance companies to deny this personal injury protection to motorcyclists. Consequently, almost no motorcycle policy in Maryland has personal injury protection benefits. If you are injured in a motorcycle accident, you will not receive the same level of benefits from your own insurance company as a driver of a car would receive.

Many lawyers think this is unfair, and I bet most motorcyclists would also think this is an unfair law. If they passed a law extending personal injury protection benefits to motorcyclists, it would not cost the insurers much money, and they would just raise their motorcycle insurance rates to cover it.

This has been the law for a very long time, and there are no signs that it will change anytime soon. Only the politicians in Annapolis can make such a change to the personal injury protection law. If you are a motorcyclist, you should write your delegate and state senator today and ask them where they stand on this issue. Chances are, they haven’t given it a moments thought. Maybe you could change their mind and change this rather unfair law.

Thursday, November 5, 2015

Get the Settlement You Deserve with the Help of Accident Attorneys

If you have been involved in an accident, it will be of great benefit to seek the guidance of accident attorneys. After an accident, a number of unfortunate circumstances may result that place a hefty financial burden on you and your family. Lost wages, property damage, and medical bills may far exceed what you are capable of covering. To get fair compensation for your financial losses, it is important that you take advantage of the professional guidance provided by accident attorneys.

Accident attorneys have the knowledge and experience that is necessary to effectively deal with all of the nuances of lawsuits and insurance law. Getting compensation for lost wages, property damage, and medical bills requires the ability to deal with the different parts of law that these damages fit under. For this, you will need experienced accident attorneys.

When seeking fair compensation, one of your biggest battles will be with insurance companies. Insurance law is complicated and does not often work in favor of individuals involved in accidents. Accident attorneys will work past any barriers that insurance companies put up. The goal of insurance companies is to increase their bottom line, which means settling a case as early as possible and with the lowest compensation they can get away with. With the help of accident attorneys, you can be sure that you will receive the compensation you deserve.

Hiring accident attorneys to represent your case is a savvy financial decision. A case that is represented by accident attorneys will not be neglected by the courts. With accident attorneys at your side, you can be sure that the value of your case will be maximized giving you the greatest potential to receive fair compensation. Set up a consultation right away if you have been involved in an accident so that you can get your life back on track as soon as possible.

Monday, November 2, 2015

Are the School Zones in Sacramento Safe?

School zones were established to slow drivers down in areas around schools where children would be likely to walk. Despite these safety precautions, it is estimated that around 100 children are killed every year walking to or from school, and that another 25,000 children sustain injuries as a result of accidents in school zones.

Children are not as well-versed in traffic laws nor should they be held responsible for safe practices like adults. This places them at a higher risk of being the victim of a car accident. A study investigating the effectiveness of school zones reviewed a total of 2,717 motor vehicle versus child pedestrian collisions. The researchers found that the density of collisions, particularly fatal collisions, was highest in school zones and decreased the farther from the school you moved. The highest proportion of collisions, at 37.3 percent, occurred among 10- to 14-year-olds. The researchers found most of the collisions within the school zones occurred at midblock locations as opposed to intersections.

Driver Responsibility

Drivers are required by law to yield the right-of-way to pedestrians who are legally crossing the street. This includes children who are crossing the street at a properly designated place within a school zone. Even if there is no crosswalk, drivers should still be mindful when driving through a school zone. Though a child may attempt to cross the street “illegally,” you want to ensure you are obeying the speed limit and are aware of your surroundings should you need to stop quickly. It is important to simply assume children are present, thus keeping you alert to the possibility of a child entering the road.

If a driver hits a child in a school zone, especially if the driver was distracted, he or she could face a serious personal injury lawsuit. Personal injury lawsuits are based on proving the negligence of the driver who caused the accident. If a driver is speeding through a school zone, driving with distractions, or simply fails to yield the right-of-way and strikes a child, that driver may be acting negligently and could be responsible for any resulting damages or wrongful death.

Though it is the driver’s responsibility to control his or her vehicle in a school zone, it is also extremely important to educate children on safe road practices. Though children may not fully understand the risks and consequences of their actions, it is still important to teach them safety. Teach your child to always cross in a cross walk, and to look both ways and ensure no vehicles are coming before doing so. As statistics have shown, the majority of school zone accidents do not occur at crosswalks, where it is usually safe to cross the street, but rather happen in mid-road, where children may cross “illegally” and are at a greater risk of getting hit.

Minors and Personal Injury

A personal injury case becomes even more complex when a minor is involved. Although the procedures for collecting compen­sation for a minor can vary from state to state, a child does have a right to compen­sation for damages including pain and suffering just as an adult does. In addition, the parent or guardian has a separate right to be compensated for medical bills paid on behalf of a child.
Generally the child’s parent or guardian will act on his or her behalf when negotiating a settlement. Some states require a judge to approve the child’s representative, but is usually a quick and simple process. A personal injury case involving a minor generally follows the same format as that of an adult, though the child’s representative negotiates and agrees to settlements on the child’s behalf. States have laws governing how the settlement will be given to the child, usually involving a trust. The money may be used later for educational purposes or is made available to cover specific things like medical costs.

Seeking the Help of An Attorney

No matter how minor or serious the school zone accident may be, it is usually to your benefit to speak with a personal injury attorney. Personal injury attorneys have the knowledge and skills to help you determine if your case has merit or if there are other options for you. Even if you only have questions about your legal rights, including compensation for medical expenses as a result of the injury, speak with a personal injury attorney before making any type of settlement.

Sunday, November 1, 2015

When is the Right Time to Call a Personal Injury Lawyer?

Personal injuries are caused due to negligence or wrong doing of another person, company, government agency, or any other entity. A personal injury lawyer is the person who provides legal representation to people who have been injured physically or psychologically.

When is the Right Time to Call a Personal Injury Lawyer?
Personal injuries generally fall under several categories: auto accidents, slip and fall, medical malpractice, nursing home failure of care, cruise accidents, and wrongful death. In most of these occasions, one doesn’t get their compensation directly from insurance companies. In such cases, you should hire a personal injury lawyer.

Hiring a Personal Injury Lawyer
If you are facing one of the following situations, you should consider hiring a personal injury lawyer to protect your rights.

  • -          If you have sustained injuries that require surgery or long-term treatment.
  • -          If your injuries have resulted in permanent impairment.
  • -          If your injuries have caused you to miss work for more than few days.
  • -          If you have sustained head or brain injuries.
  • -          If due to your injuries, you are unable to carry out your daily activities like, dressing, feeding, walk, or other similar personal activities.
  • -          If your previous injury or medical condition has been aggravated due to this new injury.

If you face any of the above mentioned situations, before the opposite party’s lawyer approaches you for a settlement, you should arrange for your own lawyer who can negotiate on your behalf. While you are on a lookout for the personal injury attorney, you should consider the following pointers.

  • -          Consultancy fees are usually waived off for the first meeting.
  • -          Experience in personal injury cases.
  • -          Do a thorough check on the lawyer.
  • -          Seek assistance for getting settlement with insurance companies.
  • -          Get an opinion about the case.

The personal injury lawyer will evaluate the case and act on your behalf with the insurance company. The law firms work in accordance with the insurance firms, to get your settlement. The personal injury attorneys are well-trained to make sure insurance companies pay the appropriate settlement amount that you are entitled for.

Saturday, October 10, 2015

Sexual Assault and Battery Claims in California

Sexual assault and battery claims in California which may give rise to civil liability for money damages are clearly provided for by statute.  In fact, CA law provides an exact definition of a “sexual battery” and specific legal remedies for victims.  It should be noted that while criminal definitions are similar, these statutes specifically apply to tortious conduct (i.e. wrongful acts for which the law permits a civil cause of action to be brought for monetary damages).
Sexual Assault and Battery Claims in California
How does CA law define a sexual assault and battery claim for purposes of a civil action for monetary compensation?

In order to be liable, a plaintiff (person bringing the personal injury lawsuit), must show three elements as follows:

ONE:
That the defendant(s) (persons against whom the action is brought, intended to cause a harmful or offensive contact with plaintiff’s “sexual organ, anus, groin, buttocks or breast”, and a sexually offensive contact with plaintiff resulted, either directly or indirectly;

[OR]

    That defendant(s) intended to cause a harmful or offensive contact with plaintiff by use of defendant(s)’s sexual organ, anus, groin, buttocks, or breast, and a sexually offensive contact with plaintiff resulted, either directly or indirectly;

[OR]

    That defendant(s) “caused an imminent fear of a harmful or offensive contact” with plaintiff’s sexual organ, anus, groin, buttocks or breast …


TWO:

Plaintiff did not consent to the touching; and

THREE:

Plaintiff was harmed or offended by defendant’s conduct.

Source: California Civil Code section 1708.5

Therefore, under the laws of the State of California, a “sexual battery” for purposes of a personal injury claim, occurs when either harmful sexual touching or offensive contact occurs or when the victim is placed in imminent fear of such contact.  Lack of consent and actual harm suffered or offense taken are also elements, however,  “As a general rule, one who consents to a touching cannot recover in an action for battery. … However, it is well-recognized a person may place conditions on the consent. If the actor exceeds the terms or conditions of the consent, the consent does not protect the actor from liability for the excessive act.”  Ashcraft v. King (1991) 228 Cal.App.3d 604, 609-610   In other words, if consent was initially provided for some intimate contact but, the perpetrator goes beyond that consent to more aggressive sexual behavior, the defense of consensual sex will not lie.

What legal remedies does Calif. law allow to victims of sex abuse?

Victims of sexual assault and battery are entitled to numerous, specified statutory remedies.  The statute states, in pertinent part as follows:

“A person who commits a sexual battery upon another is liable to that person for damages, including, but not limited to, general damages, special damages, and punitive damages. The court in an action pursuant to this section may award equitable relief, including, but not limited to, an injunction, costs, and any other relief the court deems proper.” Source: California Civil Code section 1708.5 @ subsections, (b)and(c).

General damages are damages for physical pain and emotional suffering that occur as a result of a bodily or mental injury.  Special damages include all out of pocket expenses including cost of rape trauma care and the present and future cost of psychiatric counseling and treatment.  Punitive damages are imposed to punish the defendant for conduct that is deemed malicious or intended to cause harm and to deter similar future conduct.  “Equitable damages” can include injunctions such as stay away orders.

Why is it important to consult and retain quality legal counsel following a sexual battery?

While the above statute sets out pretty straightforward rules and legal remedies for sex assault victims, properly investigating and obtaining evidence to prove these elements is much more difficult.  As I discuss in more detail in other posts, holding both the perpetrator and their employer (if possible) on the hook for payment of compensation may also requires additional proof of negligent hiring, supervision or retention or other legal theories of recovery.  Significant time and resources are necessary to conduct a proper prosecution of a sexual assault and abuse claim. An experienced attorney at law who has a track record of success in proper legal processes for sex claims is essential to obtaining fair and adequate compensation for the victim.

Monday, October 5, 2015

The Benefits of Hiring a Vehicle Accident Lawyer Immediately After an Accident

Depending on the state where your accident took place, there are various lengths of time allowed to file an auto accident claim. In addition, the longer that you wait to hire a vehicle accident lawyer, the more difficult it will become to provide proof for your claim. Hiring a vehicle accident lawyer immediately after an accident is an effective way to improve your chances of receiving the compensation you deserve.

Seeking the help of a vehicle accident lawyer right away will also ease the emotional burden of dealing with an auto accident claim. Instead of trying to work through the process on your own, a vehicle accident lawyer will provide the legal representation that you need so that all facets of your case are considered.

Keep in mind that the job of any insurance company adjuster is to award the smallest amount possible for each and every claim. By hiring a vehicle accident lawyer right away, you will have a professional on your side who will negotiate on your behalf. An insurance claims adjuster who is faced with a knowledgeable vehicle accident lawyer will be much more likely to settle a fair compensation out of court.

If your claim is taken to court, your vehicle accident lawyer will do all of the legwork for you in order to attain the highest payment possible so that all of your expenses are covered, including medical costs, wage loss, long-term medical care, property damage, and emotional damage.

A vehicle accident lawyer gets paid only when you get paid, which means they will fight diligently to get you the highest compensation possible. A vehicle accident lawyer understands the ins and outs of auto accident law as it applies to a wide variety of unique cases. All aspects of your case will be considered in order to provide fair compensation for any and all associated expenses.

Friday, October 2, 2015

Personal Injury Claims Besides Accidents


An injury caused to a person due to the negligence of another person is a personal injury. The general idea about personal injury is when a person gets injured in an accident. The accident has occurred as a result of negligence of the other driver who is involved. 

Personal Injury Claims Besides Accidents
Besides this general notion, there are other areas which enable you to claim personal injury damages. As the meaning per se, personal injury is the one that happens as a result of offender’s negligence. So, injury caused due to the defective products manufactured by a company, also falls under this parameter.

Defective Products
The products that proved to be dangerous for your personal use are defective products. If for some reason one has received physical damage due to a faulty product, he/she can claim a personal injury claim. Designers and manufacturers are liable to sell safe and comfortable to all products. In case they fail to keep this up, they are liable for paying the damages caused.

This case is different from other visible and non-visible injuries. As in the previously mentioned cases a person has to prove his damages. But in this case where damages are as a result of malfunctioning and faulty products, the claimer need not prove his injury. Rather he needs only to prove that the product is dangerous to use. The product design and manufacturing is unreasonably dangerous to use as intended.

It also can include the defective make of the product. This defective make might have triggered some problem that backfired and injured you. Another reason though is the instructions given to use the product. It is necessary for the manufacturer or the assembler to state instructions for the use of this product. At the same time, making mandatory dos and don’ts, and also provide adequate directions to use the product. When such obligations are not met with and an injury is caused, the defender or the consumer in this case can claim a personal injury claim.

Reporting the injury


  • The defender should keep the evidence, in the first case.
  • Secondly, keep the product in the same state as it was when injury occurred.
  •  Make note of the name of the manufacturer, model, serial number, and user manual.
  •  Keep the receipt which show when and where from the product was brought.
  • If possible, take pictures of the site of accident.
  •  Have accurate addresses and phone numbers of the doctors treating the injured.

This information should be passed on when the claim is made.

Top FIVE Things To Do After Any Type of Accident Causing Injury

FIVE THINGS you MUST do Following A Personal Injury Glotzer & Sweat, LLP – Personal Injury Lawyers in Los Angeles, CA

STOP!! You’ve just been in an accident through no fault of your own, you were injured and you are wondering what you need to do? • What information do I need? • Should I take pictures of the area where it happened or my injuries? • Should I report this to my insurance? • Should I talk to the insurance representative for the person who injured me? • Should I go to the doctor right away if I’m hurt? • Which doctor should I see and what kinds of questions should I ask about treatment of my injuries? • Should I call a lawyer and, if so, how soon after the incident should I do so? TOP FIVE THINGS TO DO INCLUDE:
                                     
Get Information and Evidence At the Scene Where the Injury Occurred It is important to obtain enough information at the scene of any accident whether it be a car accident, fall, or any other injury causing event. With the common use of smartphones, this is now easier than ever. Take photos of the following: 1. The driver’s license and proof of insurance for the driver of any vehicle involved in an auto accident. Make sure to focus the camera so that all information is legible. 2. The physical damage to property including automobile property damage to all vehicles involved. 3. The overall view of the accident scene and close up shots of any dangerous condition that may have caused the incident (e.g. slick substances on the floor, protruding objects, holes in the ground, potholes, etc.) or of the positions of the vehicles when they came to rest in an auto accident claim. Write down: The names, addresses and phone numbers of any driver, passenger or witnesses to the accident and the badge number and name of any investigating officer or any Emergency Medical responders at the scene. Request: A copy of a police report from the investigating officer. Usually they will give you a small post card size information card with the “NCIC” or other identification number and instructions on how to request a full report. If not, at least get a business card from the officer(s). In the case of a fall in a retail store, request a copy of any incident report filled out by any employee or manager of the store and ask for a business card or at least the name and employee number for anyone who saw the incident or spoke to the victim afterwards.

Seek PROMPT Medical Attention and Document Your Examination(s) and Treatment(s) You must seek out prompt and thorough medical diagnosis and treatment if you have sustained ANY injury as a result of the incident. This includes the following: • Accepting offers of emergency transport from the scene if necessary • Requesting full and complete diagnosis including x-rays, MRIs, CT Scans or other diagnostic tests that may show the severity of the injuries • Seeking out follow up medical care and treatment AFTER any initial emergency trauma care. This can include a visit to your regular medical doctor and seeking a referral to a specialist such as an Orthopedist, Neurologist or Physical Therapist.

Promptly Report the Incident to Your Own Insurance Carrier Under most policies of insurance including auto insurance, homeowners or renters policies, or business or commercial insurance, there is a duty to promptly report all actual or potential claims. Failure to do so can possibly result in a denial of coverage. When you report the incident, though, just STICK TO THE FACTS: • When did the accident occur? • Where did it happen? • Who was involved? • How did it happen? Be cautious here in describing the incident. Less is more. • “WAS ANYONE INJURED?” Always err on the side of caution when answering this question. Many times injuries do not manifest until days or even weeks following an incident. If you have an attorney, let the lawyer do the reporting of the claim to your insurance company.

 Do NOT Provide Information To ANY Insurance Representative from Any Other Party Involved in the Incident It is important to know that, while you have a contractual duty to report the claim to your own insurance and to cooperate with them in investigating the claim, you have NO such duty with regard to the insurance company for the other side! Insurance carriers are in the business of minimizing payments of claims. One of the major tactics they use is to train their claims adjusters to obtain information from people filing claims against their insureds that can later be used to minimize or deny the claim. DON’T fall into this trap!! For Example, Do NOT: • Consent to a recorded statement either in person or over the phone with the at fault party’s insurance claim’s representative • Sign ANYTHING that is given to you by the insurance company for the other side including: Settlement agreements, releases, waivers, consents to obtain medical information or other protected information such as your social security number or tax information.

Promptly Consult With And Retain A Personal Injury Lawyer According to statistics from the Insurance Research Council (a group who conducts studies for the insurance industry), persons represented by attorneys receive approximately 40 percent higher settlements than those who choose to “represent themselves”. In addition, their stats indicate that 85 percent of ALL dollars paid in auto accident claims go to persons represented by lawyers. Why is this? SIMPLE: Insurance companies are set up to take in premiums and make money through investments of the funds that are “floating” through their accounts. What cuts into these profits? Payments on claims at full value! If they convince you to say and do things before seeking proper legal advice that either completely invalidates your claim or drastically reduces the value ….. THEY MAKE MORE MONEY. The adjuster gets a bonus, the CEO is happy and ALL AT YOUR EXPENSE!

How do I choose a quality personal injury lawyer that cares and will maximize the value of my claim? Reputation, experience, results and compassion. This is what has set Glotzer & Sweat, LLP apart for the past 18 years of representing personal injury victims and their families throughout California including Los Angeles, San Diego, Orange County, and the Inland Empire. For More Information Call Toll Free Statewide @ 1-866-229-0101 or visit our website: http://www.victimslawyer.com

Thursday, October 1, 2015

Anthony Castelli - Accident and Injury Attorney

Have you suffered a personal injury, been hurt or disabled? Are you concerned about protecting your future, and worried where money will come from to get things back to normal? For over 30 years I've helped hundreds of injury victims. Call on my help today to seek full compensation. You don't pay a fee unless and until you get your money damages paid.

Anthony Castelli - Accident and Injury Attorney
"I can tell  those who read this and watch your video that the message you shared is exactly how you treat your clients. The care and support you gave us was beyond anything we could have imagined. " - Karen Strong

If you have been injured by the fault of another such as in a car, truck, or motorcycle accident, if have lost a loved one, or if you have been hurt and are  seeking Social Security benefits, then you have come to the right place. For over 30 years I have focused on protecting the rights of injury and accident victims and disabled people just like you. My focus will be on you. When times are tough, we all need someone to lean on. You can lean on me. I'll come running to your side.
  
We will stand up for you. My mission is to:
  1. Answer your questions
  2. Solve your problems
  3. Get you the best results possible

The biggest misconception that many people have is that the insurance company, whether it is yours or the other party’s, is on your side. They are not. In fact, they are out to pay you as little as possible. They are just waiting for you to make a costly mistake.
Sure, there are some cases that may not need a personal injury lawyer such as a minor injury case. But many of you have come here because you have a serious injury or illness and you need your questions answered and help to get the compensation you deserve. Try our helpful tips or our video library for some helpful answers. Also click on the personal injury topic areas to the left to get more information about your particular case.

Please know that you can call 1-513-621-2345 (toll free 1-800-447-6549) or email me and I will gladly answer your questions at no cost to you.

You probably want to know if I can help you get all the compensation, damages and benefits that you deserve. I invite you to review my biography, My promises to you, my 100% Client Satisfaction Guarantee, and the video on why clients hire Anthony Castelli. This will help you understand who I am, my experience and what has motivated me for over 30 years to fight with all my heart for injury and accident victims.

What you can do right now in time to protect yourself.
1. Contact me for a free, no obligation initial consultation. You can make an appointment to do this in my office or initially over the telephone or you can email me your problem for a free case evaluation. 
I really do welcome you to call me now at 1-800-447-6549 or locally at 513-621-2345.
My practice extends throughout the Greater Cincinnati, and Ohio region including Mason, West Chester, Lebanon, Batavia, Fairfield and Hamilton Dayton and Columbus. The time is now to get help for your personal injuries from a experienced greater Cincinnati personal injuries lawyer.

Thursday, September 10, 2015

Top FIVE (5) Things To Do After An Accident

What are the top FIVE things to do after an accident to make sure that you have all the information and evidence you need to assert insurance claims and get maximum value at a later date?  Award winning Southern California personal injury law firm, Glotzer & Sweat, LLP explain your rights and what you can do to make sure you are not taken advantage of by an insurance company hell bent on eliminating your claim or reducing its value.

                                           Top FIVE (5) Things To Do After An Accident
FIVE THINGS you MUST do Following A Personal Injury Glotzer & Sweat, LLP – Personal Injury Lawyers in Los Angeles, CA

STOP!! You’ve just been in an accident through no fault of your own, you were injured and you are wondering what you need to do? • What information do I need? • Should I take pictures of the area where it happened or my injuries? • Should I report this to my insurance? • Should I talk to the insurance representative for the person who injured me? • Should I go to the doctor right away if I’m hurt? • Which doctor should I see and what kinds of questions should I ask about treatment of my injuries? • Should I call a lawyer and, if so, how soon after the incident should I do so? TOP FIVE THINGS TO DO INCLUDE:
  • Get Information and Evidence At the Scene Where the Injury Occurred It is important to obtain enough information at the scene of any accident whether it be a car accident, fall, or any other injury causing event. With the common use of smartphones, this is now easier than ever. Take photos of the following: 1. The driver’s license and proof of insurance for the driver of any vehicle involved in an auto accident. Make sure to focus the camera so that all information is legible. 2. The physical damage to property including automobile property damage to all vehicles involved. 3. The overall view of the accident scene and close up shots of any dangerous condition that may have caused the incident (e.g. slick substances on the floor, protruding objects, holes in the ground, potholes, etc.) or of the positions of the vehicles when they came to rest in an auto accident claim. Write down: The names, addresses and phone numbers of any driver, passenger or witnesses to the accident and the badge number and name of any investigating officer or any Emergency Medical responders at the scene. Request: A copy of a police report from the investigating officer. Usually they will give you a small post card size information card with the “NCIC” or other identification number and instructions on how to request a full report. If not, at least get a business card from the officer(s). In the case of a fall in a retail store, request a copy of any incident report filled out by any employee or manager of the store and ask for a business card or at least the name and employee number for anyone who saw the incident or spoke to the victim afterwards.
  • Seek PROMPT Medical Attention and Document Your Examination(s) and Treatment(s) You must seek out prompt and thorough medical diagnosis and treatment if you have sustained ANY injury as a result of the incident. This includes the following: • Accepting offers of emergency transport from the scene if necessary • Requesting full and complete diagnosis including x-rays, MRIs, CT Scans or other diagnostic tests that may show the severity of the injuries • Seeking out follow up medical care and treatment AFTER any initial emergency trauma care. This can include a visit to your regular medical doctor and seeking a referral to a specialist such as an Orthopedist, Neurologist or Physical Therapist.
  • Promptly Report the Incident to Your Own Insurance Carrier Under most policies of insurance including auto insurance, homeowners or renters policies, or business or commercial insurance, there is a duty to promptly report all actual or potential claims. Failure to do so can possibly result in a denial of coverage. When you report the incident, though, just STICK TO THE FACTS: • When did the accident occur? • Where did it happen? • Who was involved? • How did it happen? Be cautious here in describing the incident. Less is more. • “WAS ANYONE INJURED?” Always err on the side of caution when answering this question. Many times injuries do not manifest until days or even weeks following an incident. If you have an attorney, let the lawyer do the reporting of the claim to your insurance company.
  • Do NOT Provide Information To ANY Insurance Representative from Any Other Party Involved in the Incident It is important to know that, while you have a contractual duty to report the claim to your own insurance and to cooperate with them in investigating the claim, you have NO such duty with regard to the insurance company for the other side! Insurance carriers are in the business of minimizing payments of claims. One of the major tactics they use is to train their claims adjusters to obtain information from people filing claims against their insureds that can later be used to minimize or deny the claim. DON’T fall into this trap!! For Example, Do NOT: • Consent to a recorded statement either in person or over the phone with the at fault party’s insurance claim’s representative • Sign ANYTHING that is given to you by the insurance company for the other side including: Settlement agreements, releases, waivers, consents to obtain medical information or other protected information such as your social security number or tax information.
  • Promptly Consult With And Retain A Personal Injury Lawyer According to statistics from the Insurance Research Council (a group who conducts studies for the insurance industry), persons represented by attorneys receive approximately 40 percent higher settlements than those who choose to “represent themselves”. In addition, their stats indicate that 85 percent of ALL dollars paid in auto accident claims go to persons represented by lawyers. Why is this? SIMPLE: Insurance companies are set up to take in premiums and make money through investments of the funds that are “floating” through their accounts. What cuts into these profits? Payments on claims at full value! If they convince you to say and do things before seeking proper legal advice that either completely invalidates your claim or drastically reduces the value ….. THEY MAKE MORE MONEY. The adjuster gets a bonus, the CEO is happy and ALL AT YOUR EXPENSE!
How do I choose a quality personal injury lawyer that cares and will maximize the value of my claim? Reputation, experience, results and compassion. This is what has set Glotzer & Sweat, LLP apart for the past 18 years of representing personal injury victims and their families throughout California including Los Angeles, San Diego, Orange County, and the Inland Empire. For More Information Call Toll Free Statewide @ 1-866-229-0101 or visit our website: http://www.victimslawyer.com

Saturday, September 5, 2015

Determine What Benefits You Are Entitled to with a Construction Accident Attorney

Thousands of construction workers are injured each year while on the job. If you or a loved one has been involved in an accident on a construction site, it is important to hire a construction accident attorney to determine what type of compensation you are eligible to receive. A constructionaccident attorney understands construction accident law backwards and forwards, and will uncover all aspects of your accident so that you are awarded full compensation.

After a construction accident, it is common for victims and their family members to feel overwhelmed about their immediate emotional concerns and future prospects. A construction accident attorney will lift a great deal of this burden from you by gathering data that proves all associated medical expenses, wages lost, lifelong rehabilitative care, and/or any other expenses that have or will accrue. With the guidance of a construction accident attorney, you will not have to worry about months, years or even a lifetime of expenses.

Construction law is complex. Without a comprehensive understanding of this area of law, workers often make the mistake of settling for minimal compensation. A construction accident attorney will make it their priority to hold all responsible parties accountable for your losses. For example, you may be able to receive compensation from a contractor, building owner, manufacturer, and other parties depending on your case. 

In addition, your construction accident attorney will make certain that your insurance company also covers all expenses that fit under your policy. Since insurance companies work to avoid paying out full compensation whenever possible, it will pay off to have a construction accident attorney at your service. 

Your construction accident attorney will have access to credible and qualified experts that will help back up your case. By strengthening your case with the right professionals at your side, you will ease your financial burden and win the fight in receiving fair justice for you and your family.