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Month: January 2019

3 Common Auto Accident Injuries That Require Legal Assistance

Posted on January 12, 2019 in Uncategorized

Auto accident injuries are often caused by negligence of other road users and they usually involve head, neck and back injuries that require immediate and costly medical attention. In cases of severe injuries, ongoing medical treatments and other required surgeries can affect the family of an auto accident victim due to the medical bills and loss of income. Car accidents are becoming a popular cause of death for people and they are also one of the most common reasons why many people sustain personal injuries. Though some accidents can only cause scrapes, minor abrasions, broken bones and bruises, others can lead to brain, internal organ and spinal cord injuries. Legal assistance is deemed necessary in these cases, so that the negligent driver is made liable for the injuries sustained.

Brain Injury

Traumatic brain injury is often caused by auto accidents when whiplash occurs, or when a person’s head hits the inside of the vehicle when the accident happens. When loss of consciousness, memory loss, dizziness, vomiting, headaches, speech problems, loss of smell, anxiety and depression is experienced, then the chances of traumatic brain injury is great. The required treatment for this is life-long and the financial burden can be large for victims and their families.

Spinal Cord Injury

These accidents can cause spinal cord injuries as well and this occurs when lacerations, excessive pressure and bruising is involved. This type of injury can change the life of a person completely with possible paralysis and loss of muscle function in different parts of the body. As such, the quality of life is seriously affected as the expenses for hospital, medication, therapy and rehabilitation are excessive.

Internal Injuries

The liver, spleen, heart, kidneys, lungs or the intestine can be seriously injured during an auto accident. This is something that should not be taken lightly as it requires extensive surgery, or otherwise result in to life long disability. In many cases, victims of internal injuries die as little as within a few minutes upon sustaining such injuries. They are difficult to detect at times and difficult to cure as well.

It is not easy to forget the pain and suffering a victim can experience during a car accident. The victim may also carry the pain and suffering deep inside his heart for years until he heals. Nevertheless, consulting and hiring a well experienced auto accident attorney is the best way to file a claim against the negligent person who caused the accident.

“Negligence” – Car Accident Legal Theory

Posted on January 9, 2019 in Uncategorized

Driver negligence is the cause for many car accidents. A driver is considered negligent if he or she drives carelessly, resulting in harm to another person or damage to property. There are many ways in which a person could drive negligently. Most states have laws that define the “rules of the road.” Should a driver violate any of these rules, he or she would have been negligent and responsible for any damage that results from this negligence. For example, most drivers have a duty to drive at a reasonable, prudent speed. This means that not only must drivers drive according to posted speed limits; drivers must also drive in a reasonable manner given the existing road and weather conditions. Drivers must also avoid distracted driving. This means that engaging in activities such as texting while driving would be failing to exercise reasonable care while driving. Similarly, driving while under the influence of drugs or alcohol are both against the law, and would result in liability for the offending driver.

If you are injured in a car accident caused by another driver and you believe that that driver was negligent, the negligent driver may be liable to you for damages in a personal injury lawsuit. To prevail, you must first show that the driver had a duty to you to drive with care. Because most state laws requires drivers to operate their vehicles in a “careful and prudent manner” so as to not cause harm to others, then all drivers have a duty to other drivers.

Furthermore, you must show that the driver’s negligence caused your injuries and that you suffered damages. For example, if you sue to recover damages based on a back injury, you must show that you sustained the back injury in the car accident and that you did not hurt your back in a fall two days prior to the accident. Your medical records will provide key evidence as to the injuries that you sustained in the car accident. The negligent driver may have to pay for your emergency room visit, surgery, rehabilitation, visits to the doctor, medication, assistive equipment and future related medical expenses. In addition, the negligent driver may be liable for other economic losses you sustained such as lost wages or loss of earning capacity. The negligent driver may also have to compensate you for damage to your property, such as the damage to your vehicle. A court may also award you non-economic damages such as pain and suffering or punitive damages.

Proving negligence in a car accident case can present a number of complicated legal challenges. Even if you are unsure as to who was at fault in your car accident, it is important to not delay in contacting an attorney. A personal injury attorney who is experienced with car accident cases will be able to educate you on how negligence laws work and help you achieve the best possible monetary result in your case.

Is it Time You Considered Legal Settlement Advances?

Posted on January 7, 2019 in Uncategorized

How do you know if it’s right for you?

Legal settlement advances are non-recourse (i.e., if you don’t win, you pay nothing back for the loan) cash advances. They are available to individuals who sustain losses (e.g., personal injury, wrongful termination, etc.), and who agree to repay the advance once the claim has been resolved in their favor.

There are inherent risks for lenders with such loans. Therefore, most lenders analyze such requests diligently. Numerous authorized, principled, and realistic issues must be taken into consideration prior to obtaining a legal settlement.

How Do They Work?

Individuals who sustain losses contact either a lender or broker who offers legal settlement advances. The lender stays in close touch with the lawyer, and obtains requisite information about the case.

Relying on the information gathered, the lender predicts the cost of settlement and offers advances to the plaintiff (i.e., the one who files the claim). Once the case is settled, and if it goes to court, the defendant (i.e., the party against whom the claim is filed) frequently has to pay fees related thereto. (Any fees associated with obtaining the advance may be assessed against the defendant.)

Once again, with non recourse loans, you do not have the obligation to repay if you lose the case.
Costs related to the advance are contingent on numerous factors, not the least of which is the nature of the case and the lender involved. Many lenders offer such loans, ranging from $500 – $200,000.

When is a Legal Settlement Advance Appropriate?

Litigation processes can take years to settle. An injured person customarily must pay all of the officially authorized expenses connected with the litigation while the case is pending. If you are unable to work, will you be able to wait till the case is settled?

In many such cases, these loans mean the difference between paying your bills or destroying your credit.

Acquiring any new debt should be considered carefully. If other funding-alternatives are available, they may prove to be your solution. Costs are obviously involved with this funding. Therefore, when you are opting for legal settlement advances, choose wisely!