tag:blogger.com,1999:blog-43128074934393962992024-02-21T10:20:55.395-08:00auto accident attorneymesothelioma law firmhttp://www.blogger.com/profile/02675310193924580994noreply@blogger.comBlogger10125tag:blogger.com,1999:blog-4312807493439396299.post-68331476502408774632016-02-29T08:44:00.002-08:002016-02-29T08:44:16.427-08:00How Long Will My Vehicle Damage Claim Take After a Car Accident?<div dir="ltr" style="text-align: left;" trbidi="on">
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<h1 class="evergreen-title" style="text-align: justify;">
</h1>
<h1 class="evergreen-title" style="text-align: justify;">
How Long Will My Vehicle Damage Claim Take After a Car Accident?</h1>
<div class="article-content" style="text-align: justify;">
After a car accident, if you are only making a
claim for damage to your vehicle -- meaning you are asking the at-fault
driver to pay to have your car fixed or to reimburse you for its "actual
cash value" -- the process will almost certainly take less time than it
would if a <a href="http://personal-injury.lawyers.com/how-long-will-my-personal-injury-claim-take.html">personal injury claim</a> were involved. But <em>when</em> might a vehicle accident claim get resolved? Let’s take a look at some possibilities.<br />
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<h2>
<strong>Settlement of a Vehicle Claim Before a Lawsuit Is Filed</strong></h2>
Many vehicle damage accident claims can be resolved through the
insurance process, without a lawsuit ever being filed. If all parties
(meaning the drivers and their respective car insurance companies)
fundamentally agree about<br />
<ul>
<li>who was at fault for the accident (or the apportionment of fault)</li>
<li>the extent of the vehicle damage, and</li>
<li>the cost to get the vehicle repaired, or</li>
<li>where applicable, the "actual cash value" of a vehicle that has been declared a "total loss"</li>
</ul>
Early resolution typically also requires the absence of potentially
contentious issues such as whether the vehicle had any pre-existing
damage that the accident may have worsened. Finally, if the at-fault
driver doesn't have adequate insurance coverage in place, that can
extend the resolution process.<br />
But if there really is nothing to argue about in terms of liability
and losses, and the at-fault driver's policy can cover all losses
stemming from the accident, a vehicle damage claim can be resolved via
settlement <i>within the first 30 to 90 days after an accident</i>. That
means the insurance company cuts the vehicle owner a check to cover
repairs or replacement of the vehicle, the vehicle owner signs a
release, and the matter is resolved.<br />
<aside class="c-ibcontent-pullquote c-ibcontent-pullquote--left" data-ibcontent-inline-component="pullquote">
<blockquote>
If a vehicle damage claim does end up in court, chances are it will
be in small claims court, which is a branch of the civil court system
where disputes involving a relatively low amount of money are heard and
resolved.<br />
</blockquote>
</aside>
<h2>
<strong>Discovery and Motions</strong></h2>
In the unlikely event that a <a href="http://personal-injury.lawyers.com/personal-injury-basics/how-and-where-do-i-file-a-personal-injury-lawsuit.html">lawsuit is filed</a>
-- this is a rare occurrence when no one was injured in the accident --
the parties must adhere to specific timelines for gathering information
that could lead to evidence at trial. This is called the "discovery"
phase, and it includes sworn testimony from parties and witnesses (<a href="http://personal-injury.lawyers.com/auto-accidents/what-happens-at-a-car-accident-deposition.html">depositions</a>) and the exchange of written questions and answers (<a href="http://personal-injury.lawyers.com/auto-accidents/interrogatories-in-a-car-accident-case.html">interrogatories</a>).
During this phase, disputed issues becomes clearer, in terms of how the
accident happened and the nature and extent of the damage actually
caused by the accident.<br />
For example, if it turns out that the damaged vehicle’s driver was
speeding, changed lanes quickly without signaling, stopped abruptly, or
ran a stop sign or stoplight, those facts would suggest that the
plaintiff may well share the fault -- or even bear complete
responsibility -- for any damages.<br />
The discovery phase usually lasts <i>from six to 12 months following the lawsuit’s filing</i>. After the discovery process.<br />
<h2>
<strong>Mediation</strong></h2>
Shortly after discovery is completed, most courts schedule the
parties for what is called “alternative dispute resolution” (ADR),
typically mediation, to encourage them to reach resolution with the help
of a neutral third party.<br />
In a vehicle damage case, a mediator can help the parties see how
successful their arguments and evidence might be to a judge or jury,
including on issues such as:<br />
<ul>
<li>whether the plaintiff was partially at fault</li>
<li>the likelihood that some or all of the alleged damage predated the accident, and</li>
<li>whether the amounts claimed for repair or replacement of the damaged vehicle are excessive.</li>
</ul>
The mediation process itself may last between a few hours and a
couple of days. If successful, the claim may be resolved and the lawsuit
dismissed within less than a year after the accident.<br />
<h2>
Small Claims Court and Civil Trials</h2>
If a vehicle damage claim does end up in court, chances are it will
be in small claims court, which is a branch of the civil court system
where disputes involving a relatively low amount of money are heard and
resolved (Check out Nolo's <a href="http://www.nolo.com/legal-encyclopedia/small-claims-suits-how-much-30031.html">50-State Chart on Small Claims Court Dollar Limits</a>
to see the rules in your state.) Small claims court cases proceed
quicker and less formally than regular civil lawsuits. Parties usually
represent themselves, and argue their side of the case to a judge (not a
jury), who will typically consider the evidence and issue a ruling on
the same day.<br />
<div class="article-final-elem">
Very few vehicle damage (non-injury) cases
ever reach the trial stage in regular civil court (outside of small
claims court). Trial is expensive and time-consuming, and the outcome is
uncertain. Parties sometimes can wait <i>as long as two years or more</i>
before their property damage case gets to trial. Especially where no
injuries and obvious vehicle damage occurred, your claim stands a very
good chance of being resolved well before trial.</div>
</div>
<h1 class="evergreen-title" style="text-align: justify;">
</h1>
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mesothelioma law firmhttp://www.blogger.com/profile/02675310193924580994noreply@blogger.com0tag:blogger.com,1999:blog-4312807493439396299.post-65264321917738973762016-02-29T08:42:00.000-08:002016-02-29T08:42:00.595-08:00How Does Insurance Affect a Car Accident Case?<div dir="ltr" style="text-align: left;" trbidi="on">
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<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgRX5feIlrOzJxooZx92YDkqpxVsnePNXPgd2JQ8Hdny3qfq_qjOC-lOz5KmTr1QrkHgmXzV3OJrotjULaHNQLjQPmCxrjHFS-EpAwqUwEVR6QA3l1qksMVcaMAf0j4o7IAp4Xu1Hac1moY/s1600/How+Does+Insurance+Affect+a+Car+Accident+Case.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img alt="How Does Insurance Affect a Car Accident Case?" border="0" height="425" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgRX5feIlrOzJxooZx92YDkqpxVsnePNXPgd2JQ8Hdny3qfq_qjOC-lOz5KmTr1QrkHgmXzV3OJrotjULaHNQLjQPmCxrjHFS-EpAwqUwEVR6QA3l1qksMVcaMAf0j4o7IAp4Xu1Hac1moY/s640/How+Does+Insurance+Affect+a+Car+Accident+Case.jpg" title="How Does Insurance Affect a Car Accident Case?" width="640" /></a></div>
<h2 style="text-align: justify;">
</h2>
<h2 style="text-align: justify;">
How Does Insurance Affect a Car Accident Case?</h2>
<div style="text-align: justify;">
The short answer to this question is that the amount of available car
insurance coverage is a critical component of any car accident case.
Read on to get an understanding of why this is true, and how things
might play out in the real world.</div>
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<div style="text-align: justify;">
<strong>If the person who hit you doesn’t have any car insurance or only has a minimal amount of coverage</strong>,
then it doesn’t matter how good your case is or how badly you are hurt,
you just aren’t going to get much compensation for your injuries unless
one of two possible situations exists.</div>
<ul style="text-align: justify;">
<li>First, if you carry uninsured or underinsured motorist coverage,
then you can make a claim against your own insurance company for the
full amount of your damages, less any money that you receive from the
defendant’s insurance company. That is usually the only real alternative
if the defendant doesn’t have enough insurance. But, unfortunately, not
everyone carries uninsured and/or underinsured motorist coverage, and
once you've exhausted the limits of any UIM coverage you do have, you're
likely out of options.</li>
<li>Second, it is possible that the person who hit you has enough assets to cover your car accident damages,
including medical bills and lost income. But from a realistic
standpoint, people who don’t have car insurance -- or who only have the
minimum amount of car insurance -- almost never have any extra money
sitting around to pay off a personal injury claim.</li>
</ul>
<div style="text-align: justify;">
<aside class="c-ibcontent-pullquote c-ibcontent-pullquote--left" data-ibcontent-inline-component="pullquote">
<blockquote>
Let's say the adjuster tells your lawyer that the defendant only
carried $100,000 in liability insurance. In that case, your million
dollar settlement with the defendant just turned into a $100,000
settlement.<br />
</blockquote>
</aside></div>
<div style="text-align: justify;">
<strong>Let’s look at an example of how the amount of available insurance can affect a car accident case.</strong>
Let’s say that you get hit, that it is definitely the other person’s
fault, and that you are seriously injured, to the extent that your
lawyer advises you that $1,000,000 would be a very fair settlement. As
long as the defendant has $1,000,000 or more of automobile insurance
coverage, your case will proceed normally. Your lawyer will prepare your
case, make a demand, and hopefully settle the case without having to go
to trial. (Learn more about The Role of Insurance in Settling a Personal Injury Claim.)</div>
<div style="text-align: justify;">
But let’s say your lawyer writes the defendant’s insurance adjuster
to ask about available insurance coverage, and the adjuster tells your
lawyer that the defendant only carried $100,000 in liability insurance.
In that case, your million dollar settlement with the defendant just
turned into a $100,000 settlement.</div>
<div style="text-align: justify;">
The only way that you are going to be able to get proper satisfaction
for your injuries is if you have a significant amount of underinsured
motorist coverage. If you have $1,000,000 or more of underinsured
motorist coverage, then, once again, your case will proceed normally.
Your lawyer will settle with the defendant for the policy limits and
then file a claim against your own insurer. You will then litigate the
underinsured claim against your own insurer.</div>
<div style="text-align: justify;">
But let’s say that you only have $250,000 or $500,000 of underinsured
motorist coverage. In that case, once the adjuster is convinced that
this is a million dollar case, your insurer might just pay you the
policy limits. If that happens, then your case is over, and,
unfortunately, you only recovered 25 or 50 cents on the dollar for your
injuries.</div>
<div style="text-align: justify;">
So it's easy to see how the amount of available insurance coverage
can play a crucial role in any car accident case. The possibility of
getting hit by someone with no car insurance -- or with only a minimal
amount of car insurance -- is a real risk. In order to avoid this
circumstance, anyone who can afford it should consider carrying a
significant amount of uninsured and underinsured motorist coverage.</div>
</div>
mesothelioma law firmhttp://www.blogger.com/profile/02675310193924580994noreply@blogger.com0tag:blogger.com,1999:blog-4312807493439396299.post-36434286339789367502016-02-29T08:39:00.003-08:002016-02-29T08:39:27.494-08:00How Long Will My Rear-End Car Accident Claim Take? <div dir="ltr" style="text-align: left;" trbidi="on">
<div style="text-align: justify;">
How Long Will My Rear-End Car Accident Claim Take? </div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
Recovering compensation for injuries and property damage resulting
from rear-end vehicle collisions means the injured person has to prove
1) that the other driver was at fault, and 2) the extent of the
resulting “damages,” meaning injuries, lost income, and other losses.
But how long will this process take?</div>
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<div style="text-align: justify;">
While personal injury claims
resulting from a rear-end collision can be resolved at almost any point
between the time of the accident and the moment a judge or jury renders
a verdict at the conclusion of a trial, resolution is most likely to
occur during specific phases in the life of a claim. Let’s take a look
at some possibilities.</div>
<h2 style="text-align: justify;">
Resolution Before a Lawsuit Is Filed</h2>
<div style="text-align: justify;">
The rear-end car accident claims most likely to be resolved without
ever filing a lawsuit -- that is, during “early settlement” -- include
those in which all parties fundamentally can agree about what happened
and the resulting damages.</div>
<div style="text-align: justify;">
This usually means that:</div>
<ul style="text-align: justify;">
<li>injuries are minor or at least not susceptible of worsening over time</li>
<li>the claimaint did not have any pre-existing injuries that the accident is alleged to have aggravated</li>
<li>the driver who rear-ended the stopped vehicle was undisputedly the only person at fault, and</li>
<li>the at-fault driver was covered by insurance at the time of the accident.</li>
</ul>
<div style="text-align: justify;">
This kind of “clear liability” case still must be supported by evidence of liability and damages<i>,</i> such as:</div>
<ul style="text-align: justify;">
<li>written statements of eyewitnesses</li>
<li>photos of the accident scene, damage to vehicles, and injuries</li>
<li>medical reports from doctors</li>
<li>medical bills</li>
<li>estimates and/or receipts for repairs of vehicle damage, and</li>
<li>proof of lost earnings for any work absences caused by the accident.</li>
</ul>
<div style="text-align: justify;">
In such instances, there really is nothing to argue about in court. That usually becomes clear <strong>within the first 30 to 90 days after an accident, during which time settlement would be likely.</strong>
That means the insurance company representing the at-fault driver
writes a settlement check to the injured person, who in turn signs a
release giving up any future right to sue over the accident. Learn more
about The Role of Insurance in Settling an Injury Claim.</div>
<h2 style="text-align: justify;">
Resolution During Discovery and Motions</h2>
<div style="text-align: justify;">
After a lawsuit is filed, during the “discovery” phase of the case,
the parties must adhere to specific timelines for gathering information
that could be useful at trial -- that includes documents; sworn
testimony of parties and witnesses (depositions), and written questions and answers between the parties (interrogatories).
During this phase, disputed facts become clearer, both in terms of how
the accident happened and the nature and extent of injuries and property
damage actually resulting from the accident.</div>
<div style="text-align: justify;">
<aside class="c-ibcontent-pullquote c-ibcontent-pullquote--left" data-ibcontent-inline-component="pullquote">
<blockquote>
The defendant may seek to have the case dismissed by various formal
motions to the court. If these motions are denied (meaning the lawsuit
is not dismissed), the defendant could become very motivated to settle
rather than press on.<br />
</blockquote>
</aside></div>
<div style="text-align: justify;">
For example, if it turns out that the person who was rear-ended (the
“plaintiff”) appears to have changed lanes abruptly and slammed on the
brakes just before being rear-ended, giving the defendant’s vehicle
insufficient time and distance to stop, that fact would suggest that the
plaintiff may well share the fault -- or even bear complete
responsibility -- for any resulting injuries or damages.</div>
<div style="text-align: justify;">
The discovery phase usually lasts <strong>from six to 12 months following the lawsuit’s filing</strong>.
After the discovery process, evidence may show that the plaintiff has
fallen short of proving facts that support the required elements of the
case. The defendant then may seek to have the case dismissed by various
formal motions to the court, such as a motion to dismiss or a motion for
summary judgment. If these motions are denied (meaning the lawsuit is
not dismissed), the defendant could become very motivated to settle
rather than press on.</div>
<h2 style="text-align: justify;">
Mediation</h2>
<div style="text-align: justify;">
Shortly after discovery is completed, most courts schedule the
parties for what is called “alternative dispute resolution” (ADR) --
typically in the form of mediation -- to encourage them to reach a
resolution with the help of a neutral third party. The mediator can help
the parties understand the most likely outcome if the case goes to
trial -- how a judge or jury probably will decide -- and manage
expectations accordingly.</div>
<div style="text-align: justify;">
In a rear-end car accident case, a mediator can help the parties see
how successful their arguments and evidence might be on such issues as:</div>
<ul style="text-align: justify;">
<li>whether the plaintiff was partially at fault</li>
<li>if the plaintiff’s injuries were indeed caused by the accident</li>
<li>whether the defendant was distracted by texting and did not see the plaintiff stop</li>
<li>the fact that the road was slick from a hard rain, requiring a longer following distance to stop safely, or</li>
<li>whether the tread on the defendant’s tires was below the legally required minimum depth.</li>
</ul>
</div>
mesothelioma law firmhttp://www.blogger.com/profile/02675310193924580994noreply@blogger.com0tag:blogger.com,1999:blog-4312807493439396299.post-32997170808645439232016-02-29T08:36:00.004-08:002016-02-29T08:36:35.458-08:00What Are Interrogatories?<div dir="ltr" style="text-align: left;" trbidi="on">
<h2 style="text-align: justify;">
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<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgC80VU5QnimrikBm0kuyWmxyBXg_FO8Cci41Hp3phIjUP_v7z2XGQonFmUeoOEDReq5oNB-Mw5EOtmpGzE_fGlzlzgivQDp1ziLA75kQKRNgsYrSuHVmSf78WOMtwdy6QAVf6vht0isHkf/s1600/What+Are+Interrogatories.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img alt="What Are Interrogatories" border="0" height="360" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgC80VU5QnimrikBm0kuyWmxyBXg_FO8Cci41Hp3phIjUP_v7z2XGQonFmUeoOEDReq5oNB-Mw5EOtmpGzE_fGlzlzgivQDp1ziLA75kQKRNgsYrSuHVmSf78WOMtwdy6QAVf6vht0isHkf/s640/What+Are+Interrogatories.jpg" title="What Are Interrogatories" width="640" /></a></div>
</h2>
<h2 style="text-align: justify;">
What Are Interrogatories?</h2>
<div style="text-align: justify;">
In the course of a personal injury lawsuit
-- such as a one stemming from a car accident -- after a complaint and
answer are filed with the court, the discovery stage begins. During
discovery, the plaintiff (the person filing the lawsuit) and the
defendant (the person being sued) exchange information regarding the
facts of the accident, the plaintiff's injuries, and other aspects of
the case. Along with depositions, one of the main ways that this is done
is by the use of interrogatories.</div>
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<div style="text-align: justify;">
Interrogatories are a written set of questions (although they’re not
always phrased as questions) that one party in a lawsuit sends to the
other. The other party must respond to the questions in writing and
under oath, within a certain time frame.</div>
<div style="text-align: justify;">
<aside class="c-ibcontent-pullquote c-ibcontent-pullquote--left" data-ibcontent-inline-component="pullquote">
<blockquote>
Car accident interrogatories will usually center around specific
factors -- distracted driving, speed, drug/alcohol use -- that might
have contributed to the crash.<br />
</blockquote>
</aside></div>
<h2 style="text-align: justify;">
What Kind of Information is Exchanged?</h2>
<div style="text-align: justify;">
<span>In a car accident case, it’s likely that the parties have
differing accounts of how the crash occurred. So car accident
interrogatories will usually center around specific factors --
distracted driving, speed, drug/alcohol use -- that might have
contributed to the crash. In that way, interrogatories will allow each
party to hear the other side’s story in order to best prepare their own
case. </span></div>
<div style="text-align: justify;">
<span>Let's look at some examples to get a better idea of what to expect. </span></div>
<div style="text-align: justify;">
<span>Interrogatories sent from the plaintiff to the defendant, or vice versa, in a car accident lawsuit might include:</span></div>
<ul style="text-align: justify;">
<li>
<span>State, in your own words, how the accident occurred. </span><br />
</li>
<li>
<span>Provide the year, make, and model, and current registrant of the vehicle you were driving at the time of the accident. </span><br />
</li>
<li>
<span>Provide the company, address, and policy number for any automobile insurance policy of the vehicle involved in the accident. </span><br />
</li>
<li>
<span>How fast were you going at the time of the accident? </span><br />
</li>
<li>
<span>Within the past 10 years, have you been involved in any other
automobile accidents (as the driver)? If so, please provide the date,
nature of the accident, and any related legal outcome. </span><br />
</li>
<li>
<span>Provide the names and addresses of any known witnesses to the accident.</span><br />
</li>
<li>
<span>At the time of the accident, were you taking any medications?
If so provide the name of the medication, dosage, and last dose taken
prior to the accident. </span><br />
</li>
<li>
<span>List every traffic violation you’ve had in the past 10 years. </span><br />
</li>
<li>
<span>In the 24 hours prior to the accident, had you consumed any alcohol? If so, please list the type, amount, and time consumed. </span><br />
</li>
<li>
<span>State the exact location where the accident occurred. </span><br />
</li>
<li>
<span>Where were you coming from, and traveling to, when the accident occurred?</span><br />
</li>
<li>
<span>Please list any photographs, sketches, reports, or diagrams
regarding the accident that you have knowledge of, including their
current location.</span><br />
</li>
</ul>
<div style="text-align: justify;">
<span>The defendant will likely also include interrogatories about
the plaintiff’s injuries and relevant medical treatment, as well as any
potential pre-existing injuries to the same areas of the body. </span></div>
<h2 style="text-align: justify;">
Interrogatory Limits, Response Times, and Objections</h2>
<div style="text-align: justify;">
You can't send an unlimited number of interrogatories to the other
side. Usually, each side is limited to around 25 interrogatory questions
-- that's the rule in most civil cases in Texas, for example, unless
the court approves more.</div>
<div style="text-align: justify;">
The time for sending your response to interrogatories also varies
from state to state. In New York, you have 20 days to respond if you
were served by mail, while in California you usually have 35 days.</div>
<div style="text-align: justify;">
If a party believes that an interrogatory isn’t relevant to the case,
or is too vague, there are legal grounds under which they can object.
If the two sides can’t come to an agreement on a certain interrogatory
(or a proper response to it), or if a party doesn’t respond within the
given time (without a valid reason,) the court will intervene.</div>
</div>
mesothelioma law firmhttp://www.blogger.com/profile/02675310193924580994noreply@blogger.com0tag:blogger.com,1999:blog-4312807493439396299.post-58744411255380194162016-02-29T08:33:00.002-08:002016-02-29T08:33:55.467-08:00Auto Accidents<div dir="ltr" style="text-align: left;" trbidi="on">
<div class="separator" style="clear: both; text-align: center;">
</div>
<br />
<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh3UqTCdk-3Vsg0dHCcMbDgDyRXtMDBb_TvYbv6dnG4nnu7Mw19AfI7I-HSDSa2epHDMB_cAsD47TA4JJjovsmPjneRBtu5OPEkRwBlF1oIgPCI1L8LulhQ7fQ686iyokGF-QJpu_zdLV_l/s1600/Auto+Accidents.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img alt="Auto Accidents" border="0" height="425" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh3UqTCdk-3Vsg0dHCcMbDgDyRXtMDBb_TvYbv6dnG4nnu7Mw19AfI7I-HSDSa2epHDMB_cAsD47TA4JJjovsmPjneRBtu5OPEkRwBlF1oIgPCI1L8LulhQ7fQ686iyokGF-QJpu_zdLV_l/s640/Auto+Accidents.jpg" title="Auto Accidents" width="640" /></a></div>
<h2 style="text-align: justify;">
</h2>
<h2 style="text-align: justify;">
Auto Accidents </h2>
<div style="text-align: justify;">
If you've recently been in an auto accident, you may be concerned
about working with insurance companies, recovering from any injuries you
suffered, and repairing your car. But if you were the victim in an
automobile accident, you should also be thinking about whether an <strong>auto accident lawyer</strong> can help you recover money to pay your accident-related bills and compensate you for pain and suffering.</div>
<div style="text-align: justify;">
When an accident is serious enough to cause fatal or severe injuries,
or if alcohol was involved, the state will probably prosecute the
driver who was at fault. But for all other car accidents, you, the other
driver, and your insurance companies may be left to deal with medical
bills and car repair expenses. Often these issues are ultimately
resolved in court.</div>
<h2 style="text-align: justify;">
Causes of Automobile Accidents</h2>
<div style="text-align: justify;">
There are many causes of automobile accidents. Among the more common:</div>
<ul style="text-align: justify;">
<li>Distracted drivers,
including drivers who are talking on the phone or texting,
rubbernecking other accidents, fiddling with music, looking at the
scenery, and paying attention to other passengers</li>
<li>Drowsy drivers, including those who have been behind the wheel for
more than two hours, those who are driving late at night or after a
heavy meal, and those who have taken medicines that may cause drowsiness</li>
<li>Impaired drivers, even if the driver isn't over the legal blood-alcohol limit</li>
<li>Speeding</li>
<li>Driving aggressively,
including tailgating, failing to yield the right of way, yelling or
making rude gestures at other drivers, ignoring traffic signals, and
changing lanes frequently</li>
<li>Weather, including rain, snow, fog, ice, sleet, and wind</li>
</ul>
<h2 style="text-align: justify;">
If You Are an Automobile Accident Victim</h2>
<div style="text-align: justify;">
Victims in an automobile accident may include the car's driver,
passengers, by-standers, and even the spouse of an injured person.</div>
<div style="text-align: justify;">
All auto-accident victims may be able to recover money from the other
driver, the owner of the car, and even the driver's employer to pay for
the damage to your car, your current and future medical bills, and any
permanent injuries you may have suffered. You may even be able to get punitive damages, which are designed to punish the other driver for his or her action.</div>
<div style="text-align: justify;">
If you are contacted by the other driver's insurance company, you do
not need to provide them with any information other than your basic
contact information. Nor should you feel pressured to provide them with
an immediate description of your injuries. A personal injury lawyer
who handles auto accident injuries can help you negotiate with the
other driver's insurance company or decide whether your case should be
heard in court.</div>
</div>
mesothelioma law firmhttp://www.blogger.com/profile/02675310193924580994noreply@blogger.com0tag:blogger.com,1999:blog-4312807493439396299.post-38953493662628726262016-02-29T08:29:00.001-08:002016-02-29T08:29:26.422-08:00When To Hire A Personal Injury Attorney<div dir="ltr" style="text-align: left;" trbidi="on">
<div class="wyg" id="content1" style="text-align: justify;">
<h2 style="text-align: justify;">
<br /></h2>
<h2 style="text-align: justify;">
When To Hire A Personal Injury Attorney </h2>
<div style="text-align: justify;">
When you've been in a car accident, you have a lot on
your mind. Aside from any emotional turmoil and stress, you have to
deal with your injuries, damage to your vehicle, handling your claim,
and any other issues. </div>
<div style="text-align: justify;">
Lawyers can help you deal with the process
of your claim and reduce your stress in the process. The following
information will help you determine whether hiring an attorney is the
right choice for you.</div>
</div>
<div class="wyg" id="content2" style="text-align: justify;">
<h2 style="text-align: justify;">
Property Damage
</h2>
<div style="text-align: justify;">
One of the biggest losses after an accident is the loss of property.
Your vehicle may be heavily damaged and, in some cases, be considered a
total loss.
</div>
<div style="text-align: justify;">
It's typically the car insurance company's prerogative to either:
</div>
<ul style="text-align: justify;">
<li>Deem your car a total loss.<br />
<strong><u>OR</u></strong></li>
<li>Pay for repairs.</li>
</ul>
<div style="text-align: justify;">
First, you'll need to determine whether your coverage will pay or whether the other company will pay. For instance:
</div>
<ul style="text-align: justify;">
<li>If you are <strong>at fault</strong>, you'll seek reimbursement through your own policy.</li>
<li>If you are <strong>not at fault</strong>, you'll generally seek payment through the other insurer.</li>
<li>In some cases (e.g., if you live in a <a class="nsLink" href="https://www.blogger.com/null" title="No-Fault Insurance and Fault Insurance">no-fault state</a>, or you were in a <a class="nsLink" href="https://www.blogger.com/null" title="Tips For Handling A Hit And Run Driver Claim">hit and run</a>), you may seek compensation from your own car insurance company.</li>
</ul>
<div style="text-align: justify;">
Regardless of the company from which you're seeking payment, you might find their initial claim offer is
<strong> insufficient</strong> to fully cover your repair or replacement costs.
</div>
<div style="text-align: justify;">
<strong>If you don't have the energy or knowledge to pursue a more
substantial claim, you need the services of an attorney to ensure you
get what you deserve.</strong>
</div>
<h2 style="text-align: justify;">
Personal Injury</h2>
<div style="text-align: justify;">
If you are injured as a result of an accident, you need to get the
proper medical care right away. If you delay, it can be harder to prove
your injuries resulted from the car accident.
</div>
<div style="text-align: justify;">
Your payment for care will depend on the coverages in your policy. If
you are not at fault, your bills will be paid for by the other driver's <a class="nsLink" href="https://www.blogger.com/null" title="Bodily Injury and Property Damage Liability Coverage">liability coverage</a>. If you live in a no-fault state, however, you can seek payment from your <strong>personal injury protection (PIP) coverage</strong> to get your bills without the delay of negotiation between companies.
</div>
<div style="text-align: justify;">
You can also seek payment from:
</div>
<ul style="text-align: justify;">
<li>Medical payments coverage, if it's included in your policy. </li>
<li>Uninsured motorist coverage, if you have it and you were hit by an uninsured or underinsured driver (or were in a hit and run accident). </li>
<li>Your <strong>health insurance </strong>policy.</li>
</ul>
<h2 style="text-align: justify;">
When You Need a Personal Injury Attorney</h2>
<div style="text-align: justify;">
As you seek reimbursement, remember that it's extremely common to get
pushback on these expenses. Insruance companies try to avoid paying more
than they need to and will check to make sure all the expenses are
valid. Keep all of your documentation and receipts.
<strong>If you continue to have trouble getting your medical bills paid, seek the counsel of a </strong><a class="ssLink" href="https://www.blogger.com/null" title="Personal Injury Attorneys">personal injury attorney</a><strong>.</strong>
</div>
<div style="text-align: justify;">
Attorneys have experience working with insurance providers to get the highest possible settlement amounts for clients.
</div>
<div style="text-align: justify;">
They also have experience getting compensation for
<strong>general damages</strong> that are difficult to determine, such as:
</div>
<ul style="text-align: justify;">
<li>Pain and suffering.</li>
<li>Mental anguish.</li>
</ul>
<div style="text-align: justify;">
For example, if you've lost your vision due to an accident resulting
from another driver's negligence, a personal injury lawyer can help you
get <a class="nsLink" href="https://www.blogger.com/null" title="Compensation For Auto Accident Personal Injury Claims">general damages</a> in addition to the actual costs of your medical bills.
</div>
<h2 style="text-align: justify;">
Statute of Limitations</h2>
<div style="text-align: justify;">
If you have been injured or you have lost any type of personal or
business property due to an accident, don't wait to get the help you
need and deserve.
</div>
<div style="text-align: justify;">
You have only a short amount of time under local, state, and federal law to file your claim and protect your rights.
<strong>This time limit is called the </strong><a class="nsLink" href="https://www.blogger.com/null" title="Statute of Limitations ">statute of limitations</a><strong>, and varies by state. </strong>
</div>
<div style="text-align: justify;">
If you feel you need an attorney to navigate your claim, <a class="ssLink" href="https://www.blogger.com/null" title="Personal Injury Attorneys">contact one</a><strong> without delay</strong>.
</div>
<div style="text-align: justify;">
Having the help of an experienced attorney can leave you free to concentrate on healing and moving on with your life.
</div>
</div>
</div>
mesothelioma law firmhttp://www.blogger.com/profile/02675310193924580994noreply@blogger.com0tag:blogger.com,1999:blog-4312807493439396299.post-30397541315984099532016-02-29T08:23:00.001-08:002016-02-29T08:23:54.871-08:00Accidents Caused by Defective Roads<div dir="ltr" style="text-align: left;" trbidi="on">
<div class="small-12 large-6 columns">
<h2 style="text-align: justify;">
Defective Roads</h2>
<div style="text-align: justify;">
<img alt="Accidents Caused by Defective Roads" class="alignleft size-full wp-image-2525" src="http://www.cochranfirm.com/wp-content/uploads/2015/06/auto-7.jpg" title="Accidents Caused by Defective Roads" />
</div>
<div style="text-align: justify;">
There are situations where driver error is not the only cause of
an accident. A defective highway or street may cause or contribute to
motor vehicle accidents. Sometimes the governmental entity is held
liable for a single car accident that occurs on defectively designed streets and roadways. This is the case both in urban areas and on more rural roads.</div>
<div style="text-align: justify;">
Poor maintenance and inadequate signage may also be a contributing
factor to an accident. For example, the shoulders of roadways must not
present an unreasonable risk of harm to traveling motorists. Liability
may arise where the shoulders of the roadway have not been properly
maintained. When there is ongoing construction there is a duty to warn
motorists of any danger presented by such construction projects.
Inoperable traffic lights, improper signals and traffic control devices
that are not visible may serve as a basis for liability for the
responsible entity.<br />
</div>
</div>
<h2 style="text-align: justify;">
State Roadways</h2>
<div style="text-align: justify;">
The roadway itself has to be designed to certain specifications and
standards. The standards are updated and changed from year to year.
Without an expert experienced in highway defect cases, it is almost
impossible to know what standard applies. In Texas, the state is not
required to update highways to modern construction standards. To
successfully recover against a public entity for a street or highway
defect you must be able to prove that: (1) the thing that caused your
damages was in the custody of the entity at issue; (2) the roadway was
defective or created an unreasonable risk of harm or injury; (3) the
entity had actual or constructive notice and did not fix the problem
within a reasonable length of time; and (4) the defective or unsafe
condition was the legal cause of the victim’s injuries.</div>
<div style="text-align: justify;">
There is no legal requirement that the roadways be in perfect
condition and not every imperfection or irregularity will give rise to a
highway defect claim. Each case must be evaluated on its own merit.
That is why retaining an experienced lawyer is extremely important.</div>
<div style="text-align: justify;">
Some states have enacted legislation to place a limit on the amount
an injured party can recover against a political subdivision or
governmental entity. In Texas, there is a cap on damages of $250,000 for
a State or city entity and a $100,000 cap for a county entity.</div>
</div>
mesothelioma law firmhttp://www.blogger.com/profile/02675310193924580994noreply@blogger.com0tag:blogger.com,1999:blog-4312807493439396299.post-59591445233905488672016-02-29T08:20:00.003-08:002016-02-29T08:20:50.834-08:00Bucket Truck Accident Study<div dir="ltr" style="text-align: left;" trbidi="on">
<h1 class="entry-title" style="text-align: justify;">
Bucket Truck Accident Study</h1>
<div class="small-12 large-6 columns" style="text-align: justify;">
<h2>
Bucket Truck Accident Attorneys</h2>
<figure><img alt="bucket truck accident lawyers" class="alignleft size-full wp-image-1815" src="http://www.cochranfirm.com/wp-content/uploads/2015/06/auto-9.jpg" title="bucket truck accident lawyers" /></figure>
One of the manufacturers of aerial lift devices conducted a 15 year
study of National Safety Council public records related to electrocution
accidents in the electric industry. The study revealed that nearly all
line to grounded wire or grounded structure accidents involving aerial
bucket trucks have occurred on systems of 15.000 volts (15 kv) and
under.<br />
This is understandable because of the relatively close spacing of
conductors at these voltages. These voltages of 15kv and under are
generally referred to as distribution line voltages. The spacing of
distribution lines is proper for the system itself, but does present an
eminent and dangerous hazard to the lineman who may make accidental or
inadvertent contact between energized or grounded conductors and his
aerial lift device. The report concluded that for almost every
electrical accident there is an explanation as to the cause. The worker
“forgot” his safe work rules and failed to use his rubber gloves or
other rubber cover-ups. The report went on to state “unfortunately, even
the best training can be forgotten in a moment of stress.”<br />
<br />
<br />
</div>
<h1 class="entry-title" style="text-align: justify;">
</h1>
</div>
mesothelioma law firmhttp://www.blogger.com/profile/02675310193924580994noreply@blogger.com0tag:blogger.com,1999:blog-4312807493439396299.post-90948940024554050692016-02-29T08:19:00.001-08:002016-02-29T08:19:37.038-08:00Urban Auto Accident Attorneys<div dir="ltr" style="text-align: left;" trbidi="on">
<div class="small-12 large-6 columns" style="text-align: justify;">
<h2 style="text-align: justify;">
Urban Auto Accident Attorneys</h2>
<div style="text-align: justify;">
The Cochran Firm has offices located in major cities across the
country, including New York City, Atlanta and Los Angeles. As such, our
accident lawyers have grown quite familiar with the dangers of driving
in heavily populated urban areas.</div>
<div style="text-align: justify;">
While speeds are often reduced on city streets, urban driving
scenarios still present several unique challenges to even the most
dedicated driver. You can do everything right and still find yourself
the victim of an accident.</div>
<div style="text-align: justify;">
Our accident lawyers are committed to helping you if you’ve suffered
an accident in an urban area that wasn’t your fault. We believe in
pursuing compensation from the driver who hurt you.</div>
<div style="text-align: justify;">
If you’ve suffered an injury as a result of an accident in an urban
area, call The Cochran Firm’s accident lawyers at 1-800-843-3476 for a
free consultation.</div>
<div style="text-align: justify;">
<strong>The Dangers of City Driving</strong><br />
All of the things that make cities so attractive to so many people- the
density of the population, the concentration of interesting sights, the
prevalence of mass transit- also make cities difficult to navigate for
drivers. And despite the reduced speeds on city streets, accidents still
tend to result in significant personal injuries. </div>
<div style="text-align: justify;">
<br /></div>
<div class="small-12 large-6 columns">
<h2>
Avoiding Accidents</h2>
When driving in urban areas, always be on the lookout for:<br />
<ul>
<li>Pedestrians:Cities are great places to walk and bike, and many
pedestrians are a little more aggressive about crossing streets. This
aggressiveness, combined with even the slightest lack of attentiveness
on the part of the driver, can result in tragic pedestrian injuries.</li>
<li>Circling drivers:That city streets are often clogged with traffic is
not exactly a surprising claim. However, many drivers in downtown areas
are trying to find one of the scarce parking spots available. They’ve
often circled the block several times, and many of them are paying more
attention to their search than to the roads.</li>
<li>Distractions:Many of the sights and sounds of a major city, while
delightful to pedestrians, serve as distractions for drivers. A driver
admiring the skyscrapers of New York City is, by definition, not paying
as much attention to the road as he can. Our accident lawyers have long
recognized the dangers of distracted driving.</li>
<li>Mass transit:Cities often do an excellent job of providing
affordable mass transit options to residents. Buses are especially
popular. However, you need to be aware that buses behave differently
than personal vehicles. They move slower, turn slower and stop often at
unconventional locations. Bus accidents are serious wrecks, and you
should do your best to avoid them.</li>
</ul>
This shouldn’t discourage you from enjoying America’s large cities.
However, you should always be aware of the dangers you’ll face. And you
should also be aware that The Cochran Firm’s accident lawyers stand
ready to help if you’ve been victimized.<br />
If you need an experienced accident lawyer, contact The Cochran Firm today. Call 1-800-THE FIRM.<br />
</div>
<div style="text-align: justify;">
<br /></div>
</div>
</div>
mesothelioma law firmhttp://www.blogger.com/profile/02675310193924580994noreply@blogger.com0tag:blogger.com,1999:blog-4312807493439396299.post-942106680441571812016-02-29T08:16:00.002-08:002016-02-29T08:17:02.565-08:00auto accident attorney<div dir="ltr" style="text-align: left;" trbidi="on">
<div class="small-12 large-12 columns">
<h1 style="text-align: justify;">
<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg0Kva_3biY5ndTNXhBoruTVbvxuYH73Fz_DP1nXdOOiTKjP6dtUdkpsfr98nJG3pQiqf_w1BGjW1bpYLFKC7rNa9ZO0Q_9RCif62_pRMH1J-cw2Q1zzKISX0L0n293ePUCBkBcsCKrK_Ou/s1600/auto+accident+attorney.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img alt="auto accident attorney" border="0" height="212" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg0Kva_3biY5ndTNXhBoruTVbvxuYH73Fz_DP1nXdOOiTKjP6dtUdkpsfr98nJG3pQiqf_w1BGjW1bpYLFKC7rNa9ZO0Q_9RCif62_pRMH1J-cw2Q1zzKISX0L0n293ePUCBkBcsCKrK_Ou/s640/auto+accident+attorney.jpg" title="auto accident attorney" width="640" /></a></div>
</h1>
<h1 style="text-align: justify;">
The Cochran Firm – Auto Accident Attorneys</h1>
</div>
<div style="text-align: justify;">
<br /></div>
<div class="small-12 large-6 columns" style="text-align: justify;">
<h2>
Getting Started</h2>
If you have been injured or a loved one has been killed in an auto
accident, you need a dedicated attorney on your side. The experienced auto accident lawyers
at The Cochran Firm have a proven record of helping victims of injury
get maximum compensation. We are here to take your case, fight for your
rights, and help you get the justice you are due. If you are in need of
an auto accident attorney, please contact The Cochran Firm online or by calling <b>(800) 843-3476</b> today to be put in touch with a lawyer in your area.<br />
<b>Auto Accident Cases We Handle</b><br />
Our auto accident attorneys handle all types of accidents involving motor vehicles. This includes:<br />
<ul>
<li>Car accidents</li>
<li>Truck accidents</li>
<li>Motorcycle accidents</li>
<li>Pedestrian and bicycle accidents</li>
<li>Bus accidents</li>
</ul>
</div>
<div class="small-12 large-6 columns" style="text-align: justify;">
<h2>
How we can Help</h2>
We also accept cases involving boating injuries and airplane
accidents. No matter what type of vehicle you were in when your accident
occurred, the auto accident lawyers at The Cochran Firm can help you
get the compensation you need to make the best recovery possible. Our
lawyers work with a network of experts to thoroughly investigate auto accidents
and identify all contributing factors. We use this information to build
solid, evidence-based cases that greatly improve the likelihood of a
successful outcome. It is important to remember that without an auto
accident attorney on your side, you are at the mercy of insurance
companies who are often more concerned with profits than helping victims
of injury. With our legal team on your side, you will be protected
against the predatory tactics of these companies and are much more
likely to receive the full compensation you deserve.<br />
To schedule a free consultation with one of our auto accident attorneys,
please contact us today. We maintain offices throughout the United
States, better enabling us to fight tirelessly for the rights of injury
victims in all areas of the country.</div>
</div>
mesothelioma law firmhttp://www.blogger.com/profile/02675310193924580994noreply@blogger.com0