The short answer is that it depends.  Some cases can take as short as a few weeks.  However, most cases take much longer than that.  If you’re communicating with the insurance companies on your own, they will drag their feet about paying.

A lawyer expedites the process.  When the insurance company knows that the victim has an attorney, things happen much faster.  Insurance company adjusters and lawyers know that they cannot bully a good attorney, so they usually do not even try.  Instead, they get down to business.

Most cases settle out of court, and that could happen at any time.  Most cases follow this rough outline though.

Demand Letter

Once an attorney has an idea as to damages, s/he send a demand letter to the insurance company.  This can happen at any point during the case, so it could be before or even after the case is filed.  The victim/plaintiff agrees to drop all claims in exchange for a sum of money. This sum should accurately reflect the victim/plaintiff’s economic damages, such as medical bills, and noneconomic damages, such as pain and suffering.  The insurance companies then decide whether to accept the offer, counter-offer, or reject the offer. Most cases proceed to the next step.

Filing a Claim

Most states are notice pleading jurisdictions.  Complaints (the document that starts a lawsuit) only need a rough outline of the victim/plaintiff’s claims.  But this document must be filed before the statute of limitations runs in order to recover damages. If it’s even one day late, the victim/plaintiff loses the right to recover any money.

Discovery

Next, the parties exchange information and documents about their claims and defenses.  In the United States, a trial’s primary purpose is not to select a “winner” and a “loser.”  A trial is designed to discover the truth of the matter. Generally, there is both written discovery, such as document requests and written questions, as well as oral discovery, like medical examinations and depositions.

Mediation

In most states, mediation is mandatory.  A neutral third party works to facilitate a settlement between the victim/plaintiff and the insurance company/defendant.  By this time, each side’s claims and defenses are fairly well established, so most cases settle at mediation.

Although only a few cases go to trial, a diligent attorney should always be ready to go all the way to the jury.

Trial

This is the part where you get ready for court.  Every case can go to court and you should have a personal injury lawyer who knows how to try a case to a jury and who is ready.

Watching as a loved one suffers from mesothelioma is hard to experience. While the disease can take a number of years to manifest, once it is detected and officially diagnosed, the life expectancy of a victim is usually about one to two years. Only a very small percentage of people diagnosed live beyond 5 years. As a result, family members may seek financial retribution in the form of a wrongful death lawsuit. This process can be complicated, especially while enduring the grieving process. An attorney will be helpful in representing your family throughout, so that you can have the time and space to heal from the loss of your loved one.

Contracting Mesothelioma

Mesothelioma is a form of cancer that is contracted from exposure to asbestos. Asbestos is comprised of six minerals that are highly durable and resistant to heat. Asbestos is a popular material that was used in a number of industrial settings over the years. Although asbestos is not as commonly utilized, it is still a component in a number of settings. Asbestos particles are dangerous when inhaled because they will cling to a person’s lungs and cause serious problems over time. There are a number of industries that could increase a person’s risk to asbestos exposure including:

• Construction Workers
• Plumbers
• Factory Workers
• Asbestos Mining
• Shipyard Workers
• Mechanics
• Steelworkers

As a result, victims of asbestos exposure and their families should acquire the help of an attorney for support in filing a lawsuit.

Mesothelioma Wrongful Death Lawsuit

Once a person is diagnosed with mesothelioma, they are often facing a fairly short life expectancy. The road ahead will be challenging for the person who is suffering, and their loved ones. Once a person passes away, family may choose to take action by filing a wrongful death suit. Often the lawsuit is filed against the company who was responsible for the asbestos exposure. Family who may qualify to file for wrongful death include:

• Spouse
• Children
• Parents

Family may recover financial compensation to help pay for:

• Funeral Costs
• Medical Expenses
• Loss of Income (if the person who passed supported a family)

It will be important that family of the person who has passed, speak with an attorney, especially if they were financially dependent.  They can help with the process of a wrongful death suit. In most cases, companies using asbestos were well aware of the danger to their employees when working with the mineral. As a result, an attorney may be able to help you build a strong case for negligence.

Wrongful Death Attorney

An attorney will start by gathering as much information as possible to help prove wrongful death by:

• Interviewing people
• Researching the company the person worked for to determine if there are any other asbestos related claims.
• Figuring out an approximation of when the victim was exposed to asbestos.
• Determine the best way to file the lawsuit
• Help you determine whether it is appropriate to take a settlement offered by the company or take the case to trial.

Retaining the assistance of a wrongful death lawyer residents trusts will be beneficial when it comes to pursuing a wrongful death claim involving mesothelioma. Their services will be able to help you put together a case for a wrongful death lawsuit.

Broken bones are one of the most common injuries seen in personal injury accidents. Bones can break when they are put under a lot of pressure or twisted suddenly. While these injuries aren’t fatal, they can cause a lot of pain and put you out of commission for a while. If you break a bone in more than once place, surgery may be required. Let’s take a closer look at some of the common accidents that result in broken bone injuries:

Bicycle Accidents

Riding a bicycle can be a lot of fun and provide great exercise. However, bicyclists are in danger of suffering injuries, like broken bones, even if they wear helmets and other protective gear. These bicyclists can suffer broken legs, rib fractures, skull fractures and other musculoskeletal fractures. It is important for bicyclists to be extra aware of their surroundings and move away from dangerous drivers.

Slips and Falls

Slip and falls can happen in a variety of setting, including grocery stores, offices and people’s homes. Those who fall are at risk of suffering skull, finger, hand and wrist fractures. In severe cases, slip and fall victims fracture their hips, which is extremely painful and can lead to permanent disability. These types of accidents commonly occur because of wet or uneven surfaces.

Car Accident

Individuals involved in car accidents frequently suffer broken bones. During a crash, drivers and passengers can slam their legs and arms very hard against the car doors or dashboard, resulting in broken bones. If they are ejected from the vehicle, they risk other cars running them over, which can also break bones.

Assault

Victims of assault also often suffer broken bones. They can suffer a skull fracture if they are hit over the head or a broken arm if they fall during the incident. A person can even break bones if he or she fights back against the assailant. For example, if the person hits the attacker really hard, he or she may suffer fractures among the bones that form the knuckles.

Filing a Personal Injury Claim

If you suffered broken bones or injuries because of someone else’s negligence, you deserve justice. A skilled personal injury lawyer Salt Lake City, UT trusts can help you file a lawsuit against the person responsible for your injuries and receive fair compensation. Your lawyer will communicate with insurance companies on your behalf and ensure your rights are protected.

Your lawyer may want to know things like when the accident occurred and what sort of treatments you received for your injuries. Be as detailed as possible in your answers. If you have any documents pertaining to your accident, such as a police report or medical records, remember to bring them with you to the consultation. If you have any questions for your lawyer at the end of the meeting, do not be afraid to ask them. Thank you to Rasmussen & Miner for providing their insight and expertise on common accidents that result in broken bone injuries.

More and more people are beginning to realize the importance of having an estate plan in place, regardless of their age or financial status. The days of thinking only the rich or the elderly need an estate plan are slowing going away as more people address the issue head-on.

 

Along with this new attitude towards estate planning is the saturation of online websites that claim to offer solid legal advice in many areas of law, including estate planning. One of the factors used to entice people to utilize these websites is that they are much cheaper than retaining the services of a qualified estate planning attorney. However, the old adage “You get what you pay for,” definitely applies to these online DIY legal websites and many customers have found out the hard way that their finances are far from being protected the way the website promised.

 

Legal Document Service Websites

 

Although these legal document services websites seem very similar to law firm websites, offering similar services, they are far from being as professional as utilizing the services of an attorney.

 

The first thing a potential customer should know is that the majority of these services do not have attorneys like a law firm does. The people who are providing advice to customers are referred to as “document assistants.” Before someone can become an attorney, they are required to go through years of education and training and they are not allowed to practice law or offer legal advice until they have passed their state bar exam. Document assistants are not required to go through any of these requirements.

 

An estate planning attorney can examine the circumstances of each client’s situation and financial circumstances and determine what estate planning tools will work best for them, including different types of trusts, living wills, and more.

 

Not only can the document specialists not offer any legal advice, these companies cannot even guarantee that the documents they are providing you will be valid in the state the customer lives in. Consequently, anyone using these services is taking an unnecessary risk that the estate plans they put in place using the online company’s documents will even be legal.

 

For example, a person makes a will using an online legal document form. In the will, the person leaves a certain an expensive strand of pearls to a niece they have a special relationship with. However, when the person dies and the will is submitted to the courts for the probate process, the online will is found to be invalid. Instead of the pearls going to the niece as the decedent wanted, the court will now decide what will happen to the pearls – as well as the rest of the decedent’s assets and property – because the will is no good.

Whenever a trust or will is proven to be invalid, it can be very expensive for families to now have to deal with a contested trust or will. Instead of saving money by using the cheaper, online service, the legal costs can run into the thousands to straighten out the legal mess created by document assistants’ creations. This can all be avoided by having a professional estate planning attorney take care of all your trust, will, and other legal needs. In the event that you need an attorney, like a wills and trusts lawyer Scottsdale, AZ turns to, do not hesitate to contact one to make sure you are in the best position to tackle your case.

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Thank you to Arizona Estate Planning Attorneys for providing their insight and authoring this piece on estate planning.

 

Motorcycles have become popularized as a mode of transportation which has heightened the risk of injuries from accidents. Usually this is because of the lack of protection a motorcycle provides as compared to traditional modes of transportation like cars. One of the more controversial causes of motorcycle injuries is lane splitting.

Lane splitting is a common practice that involves riding a motorcycle between traffic lanes (and between cars). They have this ability because they are smaller and easier to maneuver between cars in slowed or halted traffic. Sometimes it can be called filtering if it traffic is entirely stopped. California is the only state where motorcycles can split lanes legally. It is illegal in all others. You can receive an expensive fine if they are caught doing so.

 

Why Is It Illegal?

The most important reason lane splitting is illegal is because is safety concerns. It is controversial whether lane splitting or following traffic as another vehicle would is more dangerous. Vehicle doors opening in slowed or halted traffic is a major concern because for motorcyclists weaving through cars, it may be fatal.

Blind spots are also a major concern for motorcyclists. A truck and trailer has a large blind spot which might allow a driver to miss an oncoming motorcycle.  This threatens everyone involved in the accident as well as possibly endangering bystanders and other vehicles.

 

Who Is Liable?

The motorcyclist is usually deemed liable because lane splitting is illegal. It is extremely difficult to argue that the motorcyclist isn’t at fault in any of the 49 states that the act is illegal in. However, in California, there’s a chance that a rider may not be responsible. A rider must prove a few things to avoid liability:

 

• The automobile was changing lanes.

 

• The automobile driver was weaving through lanes.

 

• Distractions were preventing the automobile driver from paying attention to the road.

 

• The turn signal was not employed or they were unaware that they were drifting between lanes.

 

• The automobile driver is in a state of mind that has prevented him from driving safely.

 

States have varying legal regulations revolving around motorcycle operation.. If you live in California, there are a few ways to determine liability but if you do not, then you must remember that lane splitting is illegal. If you have endured an accident and believe you are not liable, employ a personal injury lawyer to help you settle or gain an award.

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A Chiari malformation is a congenital (present at birth) defect in the area of the back of the head where the brain and spinal cord connect. The condition is also called Arnold Chiari malformation. There are four types of Chiari malformations:

 

Type I – this is the most common type of Chiari malformation. Commonly goes unnoticed until problems arise in the adolescent or adult years of life. In this condition, the base of the skull and the upper spinal area are not formed properly.

Type II – In this condition, part of the back of the brain shifts downward through the bottom of the skull area.

• Type II Chiari malformations are typically seen in infants who are born with spina bifida, a neurological condition that causes a portion of the spinal cord and the surrounding structures to develop outside, instead of inside, the body.
• Type II Chiari malformations can also be associated with a condition known as hydrocephalus. Hydrocephalus is a condition in which there is an overproduction or lack of absorption of the cerebral spinal fluid (CSF) that is found inside of the brain. The increased fluid causes the pressure inside of the head to increase and the skull bones to expand to a larger-than-normal appearance.

Type III – The back of the brain protrudes out of an opening in the back of the skull area.

Type IV – The back of the brain fails to develop normally.

Symptoms

According to The Spine Hospital at the Neurological Institute in New York City, the following are the most common symptoms of a Chiari malformation:

• Headaches
• Stiffness or pain in the neck or back of the head area
• Poor feeding and swallowing
• Decreased strength in the arms
• Decreased sensation in the arms and legs
• Rapid, back and forth, eye movement
• Developmental delays
• Weak cry
• Breathing problems

 

Causes and Risk Factors

The exact cause of a Chiari malformation is unknown.  It is believed that a problem during fetal development may cause the abnormal brain formation. Chiari malformation may be caused by exposure to harmful substances during fetal development or associated with genetic problems or syndromes that may have a tendency to run in families.

 

Theories suggest that the following may predispose the fetus to problems that affect the normal development of the head during pregnancy:

• Exposure to hazardous chemicals/substances
• Lack of proper vitamins and nutrients in the diet
• Infection
• Prescription or illegal drug and alcohol consumption

Treatments

There are many ways to treat Chiari malformations, but all require surgery. The basic operation is one of creating space in the area at the base of the cerebellum where it is pushing against the brainstem and spinal cord. This is done by removing a small portion of bone at the base of the skull deep to the neck muscles as well as often removing a part of the back of the first and occasionally additional spinal column segments.

 

If you think you or your loved one has suffered from Chiari malformations due to someone else’s negligence, you may have a case. Contact an attorney, like a medical malpractice lawyer New York, NY trusts, today.

Thanks to our friends and contributors from Okun Oddo & Babat, P.C. for their insight into medical malpractice.

 

Brain injuries can result from any accident that causes severe trauma to the head. These types of head injuries, often referred to as a traumatic brain injury (TBI) depending on the severity, typically result in physiological changes to the brain. The impacts can be devastating, so it is important to seek medical attention and receive proper medical care following an accident involving trauma to the head. Below are some common questions regarding brain injuries.

How do I know if I have a brain injury?

Brain injuries can occur absent of any visual indicators, so it is important to be aware of any potential symptoms. Common symptoms that indicate a brain injury include:

•         Loss of consciousness
•         Severe head pain, numbness or headaches
•         Dizziness and nausea
•         Confusion and loss of memory
•         Unusual weakness and fatigue
•         Change in sleep patterns and eating habits

Some brain injuries don’t show symptoms immediately following an accident, so it is still wise to seek medical attention in case injuries are present. A medical professional will be able to properly diagnose a brain injury.

How much will a brain injury cost me?

Brain injuries are among the most excruciating injuries to the victim’s health, well-being and finances. The costs associated with a brain injury often depend on the severity of the injury. Mild to moderate brain injuries can cost anywhere several thousand dollars to $1 million. In severe brain injury cases that require long-term treatment, costs average $3 million through the course of the victim’s remaining life. Some of the costs associated with brain injuries include:

•         Emergency transportation and care
•         Surgery and procedures
•         Therapy and rehabilitation
•         Medication
•         At-home or in-patient care
•         Long-term treatment
•         Follow-up appointments

How can I pay for a brain injury?

The average person does not have thousands or millions of dollars, but regardless, treatment for brain injuries is still necessary. Health insurance may cover some of the costs associated with a brain injury depending on the terms of the policy. Insurance, however, is often not enough. Some common options for covering brain injury costs, depending on the nature of the accident, include:

•         Health insurance
•         Auto insurance
•         Workers Compensation
•         Personal injury claim or lawsuit
•         Social Security and Supplemental Security Income disability programs
•         Loans or credit
•         Negotiating a payment plan and/or reduction with the healthcare provider

What if someone else is at fault for the brain injury?

If someone else is at fault for the accident that caused the brain injury, you may be entitled to compensation for the damages. These damages may include:

•         Medical bills and costs
•         Therapy and rehabilitation costs
•         Pain and suffering
•         Emotional distress
•         Loss of income
•         Future treatment

If you are considering taking legal action, you will usually make a claim with the insurance company of the at-fault party. First, however, it is vital to your case that you hire a brain injury lawyer such as the personal injury lawyer miami fl locals trust. They will review the case and determine your best options. An experienced lawyer can help you build a strong case and improve your chances of winning a fair settlement.

Thanks to authors at Needle & Ellenberg, P.A. for insight into

Family business disputes can lead to long term effects, some of which you might not appreciate. Consider a hypothetical example of a complex family business conflict at Smith Family Corp., a small corporation where all the shareholders are extended family members and their spouses.

Jim Smith wants to divorce his wife Jane and they have equal shares as 25 percent owners. Jim’s three siblings and their spouses collectively own the other 75 percent. The four siblings are already divided on many issues over a falling out over the distribution of shares to all siblings and their spouses when Jim’s father passed away.

Who wants their ex as their business partner?

It’s divorce time and you are ready to turn the page and start a new chapter in your life. If you work for a family business you may turn the page but have some recurring characters with you, namely your former spouse.

In the case of the Smith family, Jim may go ahead start his new life after divorce as he pleases, but his ex-wife will still own half of their former collective 25 percent. The tension and conflicts Jim may anticipate could come from his former wife and the rest of his siblings and their spouses.

Consider an example where the company bylaws require a two thirds vote on paying quarterly dividends instead of annually. If Jim’s ex-wife wants to make his life uncomfortable she could vote against paying dividends and stop the motion from passing, where previously, other family members routinely relied on Jim and his wife for always voting in favor, making the two thirds vote for quarterly dividends pass.

Creative persuasion and the unattractive offer

The unattractive offer in a family business dispute could become more attractive when people consider the long-term consequences of short term choices. What might seem like a good idea now can turn into a disaster over time.

Considering Jim may be well on his way to everyone being upset with him if his soon to be ex-wife exercises her shareholder rights to make Jim pay for divorcing her, every single day. Jim might consider buying out his wife’s shares of the business in the divorce.

Jim’s wife knows how important it may be for Jim to get her out of the family business and he may be wise to over pay her for the value of her shares. Jim’s other option may be to give his wife all his shares in the business and have her buy him out.

Using an experienced lawyer, like a family attorney, who works well with equally experienced corporate and business counsel is important to everyone in the family and the future of their business.

 

 

Knee injuries sustained in car collisions can result from pretty much any kind of impact. They are typically caused by a sudden twist or blunt force trauma (or BFT). Injuries consist of sprains, strains, ligament and cartilage tears, dislocations and fractures. Here are some of the most common examples of auto accident knee injuries. A common dashboard injury is a partial or complete tear of a knee’s posterior cruciate ligament (PCL). A partial PCL tear might be treated by strengthening the quadriceps group of muscles to make up for the loss of the stability that the PCL provides. A complete tear requires surgical rebuilding of the PCL with transplanted tissue. A few weeks at home might be required if you have a desk job. Expect the knee to become arthritic. There also several other injuries sustained in car accidents that are common in knees:

Strains, Sprains and Tears

Strains and sprains occur when muscles and ligaments are suddenly stretched beyond their normal limits. Knee strains and sprains are usually treated conservatively with rest, icing, compression and elevation of the affected leg. Ligament tears can be extremely painful. In motor vehicle crashes, the two knee ligaments that are most commonly torn are the anterior cruciate ligament (ACL) and the medial collateral ligament. Both types of tears are likely to require surgery and extensive rehab.

Cartilage Tears

Each knee has two cartilaginous pads that operate as cushions between the thigh bone and shinbone. Each of those pads is known as a meniscus. Different types of tears can be located in different parts of a meniscus. The tears might require a brace due to weakness of the affected knee. They sometimes require surgery to remove the damaged cartilage. Recovery time is usually short, and any permanent damage from the tear is minimal.

Dislocations

Knee dislocations are more likely to occur in high speed crashes when trauma forces the bones of the knee joint out of their normal positions. They’re very complex injuries, and they’re likely to involve torn ligaments and cartilage too. Secondary issues like arterial blockage from the dislocation could result in the need for amputation.

Fractures

A knee can be fractured in any number of ways in a car crash, but we usually see them in the context of head-on and side impacts. The most common type of fractures in these crashes is a fractured knee cap (patella) from blunt force trauma with a dashboard. Treatment of a kneecap fracture mostly depends on whether the fracture was simple or displaced. A simple patella fracture is treated with a full cast for six to eight weeks. Crutches will be in order during this period. A displaced fracture is more complicated. Muscles pull the pieces of the knee cap apart. Surgery is usually required in order to bring the pieces back together. Arthritis can develop in the future.

Contact an Attorney

A serious knee injury from a car crash can impact a victim physically, financially and emotionally. Reach out to an attorney who represents victims of motor vehicle crashes who suffered serious knee injuries as a result of the carelessness and negligence of somebody else. You can request a free consultation and case review on your knee injury case. There’s no obligation, and if they enter into a retainer agreement with you, usually no legal fees are due unless they obtain a settlement or verdict for you. If you are the victim of an injury, reach out to an experienced car accident attorney Des Moines IA trusts for legal advice.

Thank you to Des Moines Injury Law, for providing their insight and expertise on car accidents.

 

Truck Accident Lawyer

Representing the spouse or parents of a deceased tractor-trailer underride victim is the most heart-breaking aspect of my work as a truck accident lawyer. Wrongful death claims are always difficult on grieving families but when the deceased has been crushed beneath a heavy truck, or killed−a result of a sheared occupant compartment, well… the breadth of sorrow and sting felt by surviving family members is especially acute. While harms sustained in collisions with heavy trucks and fully loaded semis will always produce serious injuries and death, the number of fatalities could be reduced and would be reduced, according to Russ Rader, a spokesman for the Insurance Institute for Highway Safety (IIHS), if side underride guards were mandatory safety equipment on commercial heavy vehicles.

After Hollywood actress Jayne Mansfield’s tragic rear underride death and the near-death of her three children in 1967, the public cried out for regulations requiring rear and side bumper guards on semi tractor-trailers. It wasn’t until 1998, thirty-one years after Mansfield, her lawyer and driver were killed, when the National Highway Traffic Safety Administration (NHTSA) exerted their authority mandating only the installation of rear underride bumpers on heavy trucks and semi tractor-trailers. Today, the rear bumper, skirt or underride guard is more commonly known to truck accident lawyers as the “Mansfield bar.”

We are a consumer society and the trucking of merchandise and materials fulfills the growing commerce needs of consumers and businesses. While railroads are used primarily to haul goods long distances, heavy trucks and commercial semi tractor-trailers take up the slack, dominating commercial transportation in America today.

Regrettably, heavy truck rear underride guards are lagging in structural integrity and cave when struck with enough force, like that of an automobile traveling only 35 miles per hour. Certain truck manufacturers are satisfied with meeting the minimal legal standards of underride guards. But responsible truck manufacturers have taken the concept of road safety the extra mile by manufacturing bumpers engineered to reduce road fatalities. In 2017, Five North American semi-trailer manufacturers were presented with the Toughguard Award by the IIHS. The five recipients of this award include Vanguard National Trailer Corp., Great Dane LLC, Stoughton Trailers LLC, Manac Inc., and Wabash National Corporation.

To date, side underride guards have yet to be required as standard safety equipment. In their video, Understanding Underride, the Insurance Institute for Highway Safety is actively testing well-engineered rear and side underride bumpers, with the objective that the NHTSA will announce enhanced rear guard safety regulations and craft a new national mandate regulating side underride guards as standard safety equipment on heavy trucks and semi tractor-trailers.

Experienced Truck Accident Lawyer

In January of 2018, a bipartisan bill began moving through congress that would require side guards be fitted on trailers and front guards on trucks. As an experienced truck accident lawyer who has represented the surviving family members of rear and side underride collisions, I have hope that the Insurance Institute for Highway Safety will prevail in their effort to update national safety standards.

If you, or someone you know, has been hurt or fatally injured in a side or rear slide under collision with a heavy truck or tractor trailer, protect your rights by contacting an experienced truck accident lawyer or plaintiff’s law firm such as the Personal Injury Lawyer Indianapolis, IN locals turn to before the defendant insurance company contacts you.

Thanks to authors at Ward & Ward Personal Injury Lawyers for their insight into Personal Injury Law.