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

Financial Cost of a Broken Bone

The financial cost of a broken bone can vary depending on several conditions. One thing is for certain, no broken bone is cheap. It makes it easy to see why it is common for people to seek a personal injury attorney when suffering a bone break at the hands of someone else’s negligence.

There are several factors that determine the true financial cost of a broken bone. While it might seem like location of the bone is the biggest determining factor it proves to be just one consideration, and not always the costliest factor. Another misconception that arises when determining the financial cost of a broken bone is that the cost end once the limb has been set and or placed in a cast. The reality, healing is often more expensive that the initial treatment of the break.

Initial Costs of Treating a Break

When it comes to the initial costs of treating a break whether or not you have insurance has the biggest influence on the price tag. Prices can escalate between 25 and 100% more without insurance than the price of your hospital visit with insurance. This is a hefty increase, but what will cause the initial cost of treating a bone break to escalate is the need for surgery. A bone break that requires surgery can cost up to eight times more than that same bone break that does not require surgery. These are costs increases that are painful with or without insurance.

Financial Costs of Healing and Recovery from a Bone Break

This is where prices begin to soar. Again, it is quite difficult to say just how much it will cost to heal a specific break. These costs vary from person to person even when comparing the exact same break between people. These costs vary because of the difference in each person’s ability to heal and the level of activity of each person. Someone who has a sedentary occupation might have more time to heal than a person whose job entails manual labor.

It is also important to mention that the type of job a person holds determines if a break will cause them to miss work. It stands to reason that the costs involved for a person who misses work because of the injury will be more than the costs of someone who does not miss work. This is also perhaps when the location of a break has a bigger determining factor in costs. A larger bone will take longer to heal than a smaller bone. Likewise, a bone that does not bear weight will be easier to rehabilitate than one that does.

No matter what, bone breaks can cost the inured a great deal, both to your finances and otherwise.

https://amino.com/cost/research/?geo=sf-bay-area%2C37.7036399841%2C-122.231765747&topic=broken-hip-repair-non-surgical

https://www.howmuchisit.org/broken-wrist-surgery-cost/

What Does the Securities & Exchange Commission Do?

The United States Securities and Exchange Commission (SEC) is a federal government agency that is responsible for the regulation of securities markets. Their goals include maintaining fair markets, facilitating capital formation, and protecting investors from investment fraud.

The SEC is also home to the Whistleblower program which allows them to obtain information about potential securities violations across the world. Continue reading to learn more about the purpose of the SEC.

Protecting Investors From Fraud

The most important goal of the SEC is to protect investors from fraud. There are numerous ways that investors can be taken advantage of. Some of the most often seen types of investment fraud include:

  • Insider trading – This occurs when a broker or someone else working in the financial industry makes a trade based on confidential information they obtained. Insider trading is tricky because it can be legal if the trader made the decision to trade without considering the information that hadn’t been made available to the public. Reporting suspected insider trading can only help protect investor funds.
  • Embezzlement – Embezzlement happens with alarming frequency. When you entrust your funds to another who then takes ownership of your money without your permission, you’ve been a victim of embezzlement. A good example could be an investor who hires a financial advisor who in turn makes small deposits from the investor’s account and into their own over time, effectively stealing from their client.
  • Pyramid schemes – In a pyramid scheme, investors are presented an investment opportunity that doesn’t exist. The program runner requires investors to recruit new investors and then pays higher-tiered investors with the funds from lower-tiered investors. This is a scheme because not only does the investment opportunity not exist, but these pyramids always fail when the fraudster either can’t keep up in repaying investors, or fails to get investors to recruit new investors.
  • Short selling – Short selling occurs when a trader secures the right to borrow stock and sells the stock when the price is expected to drop. This allows the trader to pocket the price difference. It becomes illegal if the trader made the decision to trade through confidential information or did not have permission to borrow the stock they traded.

These are just a few of the different kinds of investment scams that investors need to be wary of. Since there are so many ways that investors can be scammed, the SEC relies on whistleblowers who expose these securities violations so that they can begin investigating corporations and individuals who engage in fraudulent activity.

Home Of The Whistleblower Program

The SEC’s whistleblower program was designed to allow would-be whistleblowers to provide tips and information to the SEC. If the whistleblower meets specific requirements as laid out in the Dodd-Frank Act, they’ll be able to collect an award for taking the risk of blowing the whistle on securities violations.

These criteria include coming forward on a voluntary basis, and the tip given being original. In addition, the SEC will need to be able to take enforceable action against the individual or company being investigated whether that be by imposing sanctions or shutting down the business altogether.

For the whistleblower to earn an award, the SEC will also need to be able to recover sanctions of more than $1,000,000, of which the whistleblower will be entitled to between 10% and 30% depending on how valuable their information was to the success of the SEC’s investigation.

Despite the potential for substantial awards, many whistleblowers are afraid to come forward when they come into information about fraud due to the fear of retaliation. The Dodd-Frank and Sarbanes-Oxley Act contain provisions that protect whistleblowers from being harassed, demoted, made to endure a hostile work environment, or terminated for becoming a whistleblower.

If the company you work for retaliates against you, your attorney will bring a wrongful termination claim against them, and the SEC will also impose sanctions to punish them for violating the Dodd-Frank and SOX Acts.

Submit Your Tips By Working With An SEC Whistleblower Lawyer

Now that you have an idea about what the SEC’s purpose is, if you become aware of possible securities violations or other fraudulent activity that could put investors at risk, you can report your tips to the SEC and potential become an award winning whistleblower.

Consult with an SEC whistleblower law firm before you do so that you have the option of remaining anonymous when you report, and have a skilled attorney by your side who can help you prepare for the whistleblowing process.