Suing for Faulty Brakes in Your Car

When you’ve been in an auto wreck you probably automatically think that the other involved driver was to blame for the crash. If it wasn’t you then it must have been them, right? In some cases, an auto wreck would be the fault of the other driver, but not in all cases. In other cases, factors outside of the two involved drivers’ control is to blame.

For example, when a vehicle’s parts malfunction in some way this can cause a collision. If, say, a tire blows out because of poor manufacturing, then you can sue the manufacturer. If the brakes give out because of poor design or a defect, then you can sue the manufacturer. Learn more about suing for faulty brakes by reading on.

Who Could be Liable for an Accident Caused by Faulty Brakes?

When someone causes your vehicle accident then they are responsible for your losses. This is true of manufacturing companies that have created brakes that aren’t up to par. If your accident can be traced back to faulty brakes, then you can be compensated by filing and winning a claim against the manufacturer.

Additionally, in some cases your faulty brakes could be the fault of a mechanic or auto body shop. If you just took your vehicle in to the shop to have the brakes serviced and it’s found that they didn’t fix the brakes properly, then you could hold the mechanic or body shop liable.

You have a right to receive compensation from any person or organization that caused your accident and injuries.

What are the Damages You Can be Awarded When You Win an Injury Case?

An auto accident can lead to extensive damages for the accident victim. The more serious your injuries are the more losses you’ll be looking at. When you are seriously injured you will likely suffer medical expenses, lost wages, physical pain, and mental trauma.

You can be compensated for all the negative effects of your accident. Listed below are common damages awarded in auto wreck cases:

  • Pain and suffering
  • Medical expenses including copays, medications, hospital bills, physical therapy
  • Mental trauma and mental health services
  • Lost work wages
  • Loss of life enjoyment
  • Permanent disability
  • Scarring/disfigurement

Do You Need Help with a Vehicle Crash Claim in California?

By filing and winning an auto wreck claim you can be awarded a settlement meant to pay you for your losses. These cases can be difficult to win, especially when you’re going up against a major manufacturer. You might want to consider partnering with an Orange County auto accident lawyer, to increase your case’s chances of success.

Attorneys will investigate your auto wreck, determine whether faulty brakes caused your crash, calculate your damages, put together your case, and fight for you. Dealing with insurance companies is a hassle, and if the insurer refuses to pay you a fair settlement, your attorney can even take your case to court, if needed.

Washington State Motorcycle Helmet Laws

If you’re a motorcyclist then you’re probably already aware that there are specific laws that pertain to motorcycle riders; laws that address motorcycle insurance, where motorcyclists can park, and certain rules of the road.

You also probably have an idea that you should wear safety gear so that you can protect against injury. In some states wearing a helmet is required by law, but is that the case in Washington State? Continue reading to learn more about Washington’s helmet law, and other safety tips and tricks for motorcyclists.

What are the Laws Regarding Motorcycle Helmets in Washington?

State law in Washington requires that all motorcyclists wear a helmet when they’re on the road. The helmet must also be outfitted with either a chin or neck strap. It has been shown in many studies that wearing a helmet can help save lives.

What are Some Other Ways to Protect Yourself from Being Hurt in a Crash?

Aside from wearing your helmet, what other ways can you protect yourself from being injured in an accident?

Never drink and drive – This may seem obvious, but it’s worth mentioning as almost 1/3 of motorcycle collisions involve the use of alcohol. Just don’t do it.

Don’t speed – Speeding is a leading factor in motorcycle crashes, and crashes of all types. You shouldn’t speed or engage in other reckless driving that can lead to injury.

Wear other protective gear – Other protective gear, such as thick clothing and goggles, can help to keep you safe in an accident.

Pay attention to other drivers – You can be the best driver in the world but can still be injured by a dangerous driver. Always pay attention to the other drivers on the road.

Follow the rules of the road – Obey traffic signals and follow all traffic laws, because it’s just not worth your life.

Maintain your motorcycle – Believe it or not but a properly maintained bike can also keep you safe. Make sure that you get your bike into the shop to keep from being hurt in an accident caused by faulty parts.

Have You Been Hurt While Riding a Motorcycle in Washington State?

We all know that even when you wear your helmet you can still be severely injured if involved in a motorcycle crash. Motorcycle wrecks cause some of the most extensive injuries imaginable, and those injuries can lead to huge financial and non-financial damages for you.

Just for the trauma of your experience you deserve to be greatly compensated. You can also be compensated for medical bills, lost wages, and other financial losses.

Filing and winning a motorcycle claim isn’t easy though, so it’s probably a good idea to speak with a Seattle motorcycle crash lawyer about your case. You deserve to receive a fair settlement when someone’s caused your motorcycle crash injuries.

Things to Watch for in Your Massachusetts Personal Injury Suit

Anyone who has been injured knows just how massive the impact can be. Life can turn upside down due to the financial losses from medical expenses and lost wages. Mobility can be drastically reduced. Anxiety can rise during the long road to recovery. If another person or entity was responsible for this, then the victim has the right to pursue damages. Here are things to watch for in your Massachusetts personal injury suit:

Deadline

Every type of lawsuit has a deadline. Victims can’t wait forever before filing a case in court. If they fail to do so after the deadline, then they will no longer be entertained. An exception could be made if the injury or the reason for it was not immediately traceable. This is the so-called statute of limitations. For personal injury suits in the state of Massachusetts, people can file within 3 years starting from the date of the incident. This is a relatively long time as many other states set the limit at 2 years.  

Comparative Fault

In other states, the plaintiff will have to be faultless in order to collect damages. If the defense uncovers even the slightest fault, then the case may be dismissed. Massachusetts holds a different view of the matter with the comparative fault rule. Contributing to an accident will not automatically disqualify a plaintiff from receiving damages. However, it will reduce the total amount of the award. The court will consider the percentage of contributions of both parties based on evidence.

Liability Requirements

When it comes to car accidents, the state encourages motorists to be self-sufficient. It is a no-fault state. No matter who was at fault, the driver’s own insurance company pays the medical bills. The minimum coverage is $8,000 but this can always be increased by motorists if they are willing to pay a higher premium. It is still possible to pursue claims against other drivers but only under certain conditions. The medical expenses should be more than $2,000 or the injury involved permanent disfigurement, broken bone, loss of eyesight, and the like.   

Strict Liability

There are two main approaches to dealing with dog bites. The first is called the one-bite rule. Owners will not be held responsible for their pet’s attack if there was no prior reason to believe that it could be violent. The initial bite should serve as a warning. Succeeding bites can result in penalties if the owner failed to secure the dog. The second rule is called strict liability. This is what Massachusetts follows. Dog owners are always responsible for attacks regardless of past behavior. The case may still be dismissed if the plaintiff was trespassing on the property or taunting the dog.

Limit on Damages

Be mindful of the amount you are expecting to collect from your lawsuit. There is often a limit on certain types of damages such as pain and suffering. Learn more about the possible outcomes of your case by talking to a Boston injury lawyer. Find someone with an excellent reputation in the field and prior experience with similar cases. Set up an initial consultation to tell them the facts and ask them your questions. Check how much you can collect for damages. Get their honest opinion about your chances of winning the suit.

 

LINKS:

https://en.wikipedia.org/wiki/Personal_injury

https://en.wikipedia.org/wiki/Personal_injury_lawyer

Contributory Fault: Why Alabama Injury Claims are Hard to Win

When an individual or company fails to act responsibly, and it results in damage to someone else, the guilty party could be accused of general negligence. If the injured person wants to lodge a claim for compensation for the damages they are welcome to do so by filing a lawsuit against the reckless party. General negligence claims include a number of incidences, such as dog bites, slip and fall injuries, car accidents and more.

However, negligence cases in Alabama can be tricky due to the states contributory negligence laws. This law occurs when the injured party was somewhat at fault, or played a part in the accident. If the injured party is proved to be even 1% at fault for the accident, under this contributory negligence law, the offending party pays nothing in damages.

Many juries in Alabama use a variation of this law in their verdicts, which is called comparative negligence. What this does is assign fault to both parties and have them each take responsibility for the amount of blame they carry. This also pertains to financial responsibility.

Therefore, the contributory negligence law makes it very hard for an injured victim to recover damages if the defense proves they were involved in, or part of, the accident in any way. This is why it is imperative that if you are involved in an accident in the state of Alabama that you hire an Alabama personal injury attorney.

These attorneys are equipped, experienced and skilled to advise you of all possible strategies that the other party may implement in their defense. They also ensure that your case is rightfully presented and that its integrity is protected from the other side.

Whenever you file a lawsuit against another individual or company, you must be able to prove that they had a duty to act in a reasonable manner but failed to do so. You must also be able to prove that they neglected this responsibility, or in some way did not fulfill the duty, and that the action, or lack thereof, caused your injuries. For example, this could mean that the owner of the property on which you were injured knew about the danger but chose to do nothing about it.

Last, you must be able to prove that you sustained quantifiable damage as a result of the accident. This could be in the form of medical expenses, loss of earnings as well as emotional trauma. Proving all of these elements could prove to be challenging on your own, however with the help of a qualified Alabama injury lawyer, you could easily win your case.

 

https://en.wikipedia.org/wiki/Pain_and_suffering

https://en.wikipedia.org/wiki/Traffic_collision

Do Car Accidents Have to be Reported in Louisiana?

Many people who drive in Louisiana don’t know all the crash-related laws in the state. For example, when you’ve been in a vehicle collision you may wonder if you must contact the police for every accident.

What if it was pretty minor, and you and the other driver feel it’s not necessary to file a claim with your insurance companies because there was no damage to either vehicle? Must you call the police and file a report about the accident? What does the law say? That’s what we wish to answer in this article.

The Law on Auto Accident Reports in Louisiana

The law says that you must contact, and file a report with, local police if an accident results in injury, death, or property damage worth $500 or more. In addition, you must forward a written report to the Department of Public Safety in Louisiana if the accident resulted in injury, death, or over $100 in property damage.

So, must you call the police or file a report for a minor collision? If the property damage was less than $500 and no one was hurt, then no. For all other vehicle wrecks you must, by law, file a crash report.

Must You Call the Cops to the Scene?

No. If the accident is minor, and there were no serious injuries, you can just file the report at your local police station, and possibly online. You would provide some basic information about the crash, the involved vehicles, the people involved, and insurance and registration information.

What to Do if You’ve Been Seriously Hurt

If you have received injuries in your auto wreck, you have a few options. First, you must seek medical attention—your health should always come first. Next, you could file an insurance claim with your own insurance company, especially if you were responsible for the collision and your injuries.

If you were not the one responsible for the crash, you could file an injury claim with the other driver’s insurance company, or you could file a lawsuit in civil court.

If you decide to file a claim or lawsuit, you may want to try contacting a Baton Rouge auto accident attorney about filing an injury case. A lawyer will know a lot more about how to file a claim, how much compensation you could receive, and what steps you need to take to get started.

Common Causes of Burn Injuries

Perhaps one of the most difficult injuries you can deal with after being involved in an accident caused by the negligent actions of another is severe burns.

Burn injuries are some of the most excruciatingly painful types of injuries, as the first layer of skin is destroyed and the nerves of your body are exposed to the elements. Maybe at first your injuries have prevented you from feeling serious pain, but the debridement and cleaning of your wounds is likely some of the worst pain you’ve ever experienced.

The person or persons who are responsible for causing your accident and subsequent injuries should be compelled to repay you for your suffering. Continue reading to learn more about what the most common causes of burns are and how you can obtain the compensation to which you’re entitled.

Motor Vehicle Accidents and Burns

The most common type of accident that causes burn injuries is motor vehicle collisions. It is not at all uncommon for victims of auto wrecks to endure severe burns after the vehicles involved in the collision catch on fire. This is why you are expected to move away from the vehicles, if possible, to avoid being further injured if the motor vehicle becomes inflamed.

There are other types of accidents that can cause severe burns as well including defective products accidents, premises liability incidents and medical malpractice cases, to name a few. If you’ve suffered a critical burn and aren’t sure whether or not your accident qualifies for the pursuit of a personal injury claim, review the details of your case with your attorney.

Securing the Compensation to Which You’re Entitled

Burns of this nature will often incur substantial medical costs including hospital bills, prescription medications, copays and rehabilitative services, among other expenses.

In addition to your medical bills, you’ll likely be facing disfigurement or scarring, lost wages, pain and suffering, loss of enjoyment of life, mental anguish and the loss of companionship and love due to the extent of your injuries.

These losses will all be considered when your attorney is calculating the value of your claim to ensure that you are able to get every single loss you’ve endured covered by the liable party.

Get in Touch with an Experienced Burn Injury Lawyer

You shouldn’t be made to suffer any more than you already have. When you’re ready to win a burn injury lawsuit, you need a qualified attorney by your side who can help support your case. Work with a lawyer who will offer you a free case review so that you can better prepare for what’s to come and who will give you the peace of mind that you need to move forward with your life.

Penalties for Missing a Traffic Court Date

Even the best of drivers can make mistakes that result in traffic citations. Maybe you were caught speeding in a school zone or failed to yield the right of way. Traffic citations should be taken seriously, regardless of the cause. If you’re issued a date to appear in court, it’s your responsibility to fulfill this obligation.

In most states, there are penalties for missing a traffic court date. Depending on the seriousness of your infraction, you could be charged a fine or have your license suspended. Ignoring traffic violations or failing to appear in traffic court can be costly, to say the least.

Missing a traffic court date generally comes with repercussions. If there are extenuating circumstances that prevented you from appearing in court, the judge will take these into consideration when evaluating your case. If you simply forgot to mark the date on your calendar, however, you may have to pay the price. Missing a traffic court date could have the following consequences:

  • A guilty verdict on your traffic violation
  • Payment of traffic fine + additional court fees
  • Suspension of your license
  • Points being added to driver’s license
  • Traffic violation being placed on your driving record
  • Warrant for your arrest

Penalties for missing a traffic court date may vary, depending on the seriousness of your violation. In many jurisdictions, arrest warrants or loss of driving privileges will only be issued in extreme cases. Knowing that these consequences exist, however, should deter you from making the mistake of ignoring your violation or purposely letting your traffic court date slide.

How to Avoid Missing a Traffic Court Date

If you have to make a traffic court appearance, mark your date on the calendar and make plans accordingly. In the event of an unforeseen emergency that makes it impossible for you to attend, call the court to let them know. Chances are you will be allowed to reschedule. Most states will give you leeway when there’s a genuine need by arranging another date to resolve your violation. You may, however, have to pay court fees for rescheduling.

Another option would be to have an attorney represent you in court and handle all aspects of your violation. If a warrant has been issued for your arrest, you would do well to obtain legal representation for professional traffic court help in NYC. Working with a qualified attorney can help you resolve traffic violation issues quickly and effectively.

 

https://www.hg.org/legal-articles/consequences-of-missing-court-dates-40877

Child Guardianship Laws in California

The well-being of children is an important concern.  There are some situations in which a child may need a legal guardian.  When you are familiar with child guardianship laws in California, it can help you make a decision.  

Why Would a Child Need a Guardian?

There are two main reasons a child may benefit from a legal guardian.  One reason is the person is a minor when his or her parents die. A second reason is an individual who is not the child’s parent knows the child is either not provided with proper care or is in a dangerous home environment.

Who Can Become a Guardian?  

Guardians are often related to the child, but this is not a requirement.  However, the courts generally do prefer to grant guardianship to a child’s relative.  

What Does a Guardian Do?

If you become a child’s guardian, your rights and responsibilities are similar to those of a parent.  You can make the same decisions for the child as if you were his natural parent.

Why You Need a Lawyer to Help You Get Guardianship Rights

Obtaining and securing guardianship rights is not a simple process.  Even if you have the child’s best interests in mind, mistakes can be made that could affect your chance of the court granting you guardianship.

It is more than filling out paperwork.  You are required by law to notify a number of people that you are seeking guardianship.  Timelines must be followed, and deadlines must be met. Some individuals will have the right to contest your request for guardianship.  If the child is at least 12 years old, he also has the right to voice his opinion.

The law requires a home visit from an authorized child welfare agency.  You will also need to speak with the judge. These child guardianship laws in California are in place to ensure the best interests of the child.

You can avoid mistakes, and make the entire process easier, by not trying to deal with the case on your own.  If you want what is best for the child, and believe obtaining legal guardianship is the solution, you should have an experienced attorney with you from the start.

The decision to raise a child that is not your own is not one to take lightly.  Hopefully you have thought about this issue, and given it careful consideration.  You want to take this child into your life and into your home. You want to give him the healthy, happy life that he deserves.

If you are the right person for this role, a lawyer can help you.  You will have the best chance at the court deciding in your favor when you have appropriate legal representation.  So, get a lawyer to help with guardianship rights. The child you truly care about can be yours.

 

https://children-laws.laws.com/legal-guardianship/california-guardianship-law

https://info.legalzoom.com/obtain-legal-guardianship-children-california-after-parents-die-21597.html

Truck Accident Claims in New York

Semi-trucks can cause some of the most devastating injuries of all, and your losses are likely to be great. Your injuries could have you in the hospital for a long while, followed by months of treatments and physical therapy. Your medical costs could shatter your financial world all on their own, and those aren’t even the only losses you’ll face.

In addition to medical costs, you will surely be missing time from work, you may require mental health treatment to deal with the trauma from your accident and injuries, and your accident may cause many other financial costs, such as modifications to your home if you’re in a wheelchair, or transportation expenses.

Can You File a Claim for a Truck Crash in New York?

When your truck crash was caused by the trucker or another negligent party, and not by you, you have a right to file a claim seeking damages. Damages are monetary compensation for your financial and non-financial losses.

Filing a claim can be tough, and many people will hire a New York semi-truck accident lawyer to assist them with the process. The basic steps for filing a claim are outlined for you below.

Investigation – The first step in a truck crash case is to investigate your accident and find out what or who caused the crash and who’s liable. This step involves gathering evidence, such as police reports, crash scene expert statements, witness statements, physical evidence, and medical evidence. Once you’ve put together a good case you can file the paperwork.

Filing Claim Paperwork – When you “file a claim” seeking damages, you will often file the claim with an insurance company. This step is an alternative to filing a lawsuit in court, which is an option open to you if the insurance company doesn’t agree to pay you fairly. Once you present your case to the insurer, you will be in negotiations with them in an effort to reach a fair settlement for all your losses.

Obtaining Compensation – With any luck, the insurance company will offer you a reasonable amount of compensation for the accident, your injuries, and your financial and non-financial losses. If they don’t though, you can always take your case to trial and pursue compensation that way. The good news is that most personal injury claims will settle outside of court.

Trial – If you do have to take your case to trial to get the money that’s owed to you for a big rig crash that you didn’t cause, the process is fairly straightforward. You (or your lawyer) will present your case and your evidence, and demonstrate why you deserve compensation from the party that harmed you.

Understanding Virginia Negligence Laws

‘Negligence’ is an area of tort law that refers to harm caused to one individual due to the failure to act or carelessness of another. An individual that suffers loss, physical or financial, due to the negligence of another can sue for compensation from the person whose negligence caused them harm. Hence ‘negligence’ is a wide umbrella term that can cover a number of situations. From someone not doing their job to simply standing by when a person is in need of help, personal injury lawyers in Richmond and Virginia can help you with filing a negligence claim to get you the maximum amount of compensation.

Proving Negligence

Proving negligence can be a tricky thing without the help of an experienced personal injury lawyer. This is because proving negligence involves defining how a reasonable person should be in the situation. A lawyer is experienced in the process of proving negligence, and can thereby argue your case to get you the compensation you are entitled to.

Virginia Negligence Laws

Law is not universal and varies from state to state and jurisdiction to jurisdiction. When it comes to Virginia negligence laws, a term called ‘contributory negligence’ comes into play.

Contributory vs.Comparative Negligence

The Virginia negligence law of contributory negligence means that if the person claiming injury has in some way contributed to the situation that caused the injury, regardless of how small, they will not have a case. Contributory negligence is a strict rule that still exists within the Commonwealth.

Many states have adopted the more flexible fault law of ‘comparative negligence’. This refers to a partial legal defence under which the amount of compensation awarded to the plaintiff is adjusted based on the amount of involvement in the injury the plaintiff is found to have.

Virginia adheres to the pure contributory negligence law which states that the person guilty of negligence has to be 100-percent responsible or no compensation for damages will be awarded.

Common Carrier

Under Virginia negligence laws, there is an exception to the comparative negligence law. known as the ‘common carrier exception’. Under the common carrier exception, people who have been injured while a passenger on a bus, plane, or any common carrier are eligible for compensation under a negligence claim against the carrier company as well as the individual carrier operator. If it is found that a safety code has been violated or not adhered to, the plaintiff’s comparative negligence will not interfere with the compensation owed by the common carriers. Compensation for a negligence claim against a common carrier company and operator would include any medical expenses, lost wages due to missed time from work, and any damages caused by physical or mental pain and suffering.

Not only do laws differ from state to state, state laws are constantly changing. Hiring an experienced and knowledgeable lawyer can help ensure you will get the maximum amount of compensation for your personal injury claim. As Virginia negligence laws are stricter than in many states due to the comparative negligence rule, proving negligence can be a more challenging process. Enlisting the help of a Virginia lawyer who is not only familiar with the challenges of proving negligence under the contributory negligence rule, but who is always up to date on any changing laws will help make your personal injury claim run as smoothly and painlessly as possible.

https://en.wikipedia.org/wiki/Comparative_negligence

https://en.wikipedia.org/wiki/Contributory_negligence