Articles Posted in Personal Injury

Motorcycles represent just 3% of registered vehicles in the U.S., but account for 13% of traffic fatalities in 2007, according to Examiner. For example, in California, 80% of all motorcyclists involved in an auto accident resulted in death or serious injury. The statistics here in Florida are almost identical. Personal injury lawyers are able to represent people injured in motorcycle accidents by proving liability through negligence.

But motorcyclists often have a bad reputation. In a courtroom populated by non-motorcyclists, there may be little mercy to be had. Whether motorcyclists’ bad reputation is justified or not, juries often have an overwhelmingly negative opinion of the cycling community. This woman did little to alleviate this negative sentiment.

Liability

Factors like injuries and liability issues involved in a motorcycle accident are very different from an auto accident. The law of the land for motorcycles is “negligence.” This means that the person in the accident who behaved in a thoughtless or careless way is held liable. No matter the driver or vehicle, one must still be cautious of all motorists, passengers, pedestrians, and bicyclists.

Contrary to popular negative viewpoints of motorcyclists, the driver of the other vehicle is often held negligent. They are usually negligent because they did not look twice for motorcycles, or check their left-hand turn mirror before turning, etc. If they were doing something illegal, like running a red light or speeding, they will be held liable for the auto accident and any injuries sustained by the other party.

Motorcyclists are still held liable often enough. For example, an inebriated motorcyclist will find no succor in court if they swerve in front of or into a car, causing it to crash. On top of a probable DUI charge, they will also be responsible for any injuries suffered from the crash even if they are injured themselves.

The most common causes of these accidents are motorcyclist head-on collisions, cars executing left-hand turns, cars not looking twice for harder-to-see motorcycles, motorcyclists lane splitting, speeding and alcohol use, collisions with fixed objects, road hazards, and super-sporty cycles being operated recklessly.

The Basics of a Negligence Claim

In order to prevail in a motorcycle accident case the plaintiff must prove:

– That the law required the negligent driver or the defendant to be careful when operating a vehicle. Truly, it is a common law that motorists exercise caution when riding or driving.

– That the defendant was driving without caution versus in a safe, prudent manner. If there is any ambiguity, the two drivers’ conducts are compared to that of a “reasonable person.”

– That the defendant’s actions while driving or riding were directly responsible for the injuries sustained by the plaintiff.

– That they were injured, suffered losses, and deserve to recover those losses. If the plaintiff cannot prove any damages, suffered losses aren’t recoverable. This is true even if the defendant is proven guilty of acting carelessly.

If the plaintiff is equally at fault with the defendant, the recovery for suffered losses may be reduced (“comparitive negligence”). Often the plaintiff’s behavior while operating his/her vehicle is used as evidence for defense against the negligence claim in order to reduce the recovery amount.
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Noah Kovacs has over ten years of experience in the legal field. He has since retired early and enjoys blogging about small business law, legal marketing, and everything in between. He recently purchased his first cabin and spends his free time remodeling its kitchen for his family. Twitter: @NoahKovacs

A guest blogger who gives useful tips in what to expect if you need to file a personal injury claim…

Going to court or being involved in a lawsuit is not the place most people want to find themselves, especially after they’ve been injured. However, if you’ve been injured on the job, involved in a car accident, or otherwise experienced bodily or emotional harm due to another person’s actions, you may be entitled to monetary damages through a personal injury claim, but before you file a claim there are a few things you’ll want to consider.

Time Limits

Often called the statute of limitations or periods of prescription every personal injury case has a time limit. If you don’t file by the deadline then you’ll miss your opportunity to seek compensation for damages. To ensure this doesn’t happen to you make sure you seek legal consul from a qualified litigation law firm immediately following any personal injury event. Florida has a four year statute of limitations claims on most injuries so make sure you consult with an experienced Florida personal injury lawyer soon after your injury.

Experience Matters

Like everything in life experience matters. To give your case the best chance of winning you’ll want to hire the most experienced attorney you can. Chances are good that if you’re going up against a corporation or a wealthy individual you’ll be facing an entire team of experienced lawyers. Take special consideration to hire an attorney with experience in the specific field of your case (traffic accident injuries, slip and fall claims, etc.).

No Up-Front Payments

It is common practice for personal injury lawyers to require payment only after a case has been successfully won. Typically this comes in the form of a standard fee plus a percentage of the financial compensation (33-40%).

Commitment

The majority of personal injury lawsuits can take anywhere between 2 – 3 years or longer to complete so you need to be ready to commit a large portion of your time and life to winning your case. If you’re not ready to commit to the case, don’t file it until you are.

Hidden Secrets

The opposing side’s legal team will spy on you, it’s their job. They’ll be looking for any incriminating evidence that they can use against you to prove your claim is without merit, or wrong. Any hidden secrets you have whether personal or professional may be discovered and disclosed in the court of law. If you’re not willing to endure this, it may be in your best interest not file a claim.
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The Aaron Hernandez murder investigation has taken a turn for the more bizarre. Per the ABA journal, he is now getting sued for an earlier shooting of a man near a south Florida nightclub.

As the country now knows, Aaron Hernandez was charged with first-degree murder in Massachusetts. His friend and semi-pro football player Odin Lloyd’s body was found shot in a park less then a mile from Hernandez’s home. The evidence seems strong. Hernandez refused to cooperate with the police and destroyed his cell phone as well as several minutes of security footage in his home. However, surveillance cameras outside the park shows a his SUV enter the area shortly before gunfire was heard. The SUV was a rental, rented by a friend of Aarons and when it was returned a ’45 caliber gun casing was found, the same caliber as what killed Odin Lloyd. Hernandez was seen at home with a handgun. The deceased had previously texted his girlfriend letting her know that he was with the now ex-NFL tight end and that he felt worried. Most damning of all? A piece of bubble gum and another ’45 casing was found near the body. This same brand and flavor of bubblegum (a very unusual one) was purchased by the defendant earlier that day!

It gets weirder. Now, police have found more evidence linking Hernandez to the previous killings of two men in a Boston drive-by shooting in Boston over a year ago. There is suspicion that Odin Lloyd was killed because he was seen by Hernandez talking with guys at a nightclub who knew the Boston shooting victims.

Not Smiling Now

Within hours of his arrest, Hernandez was cut by the Patriots. He is still being held in jail without bond, something his criminal defense lawyer disagrees with.

“There is no eyewitness testimony,” said his lawyer, at a Massachusetts court hearing last week as he unsuccessfully argued for $250,000 bond. “There has been no indications of any direct evidence as to who shot the decedent, who was present when the decedent was shot, whether there was a plan to kill the decedent, and any other indication that if there was such a plan, Mr. Hernandez was part of it.”

As if he does not have enough headaches to worry about, Hernandez has been sued by a personal injury attorney in federal court June 13. The New York lawyer claims that his client, Alexander Bradley, was shot by the murder defendant. On February 13, Bradley was shot in the face while in a vehicle with the suspect and two other men after a night at a South Florida strip club. The Plaintiff, who is seeking $100,000 for injuries, was found in an industrial park by the club, severely injured.

The personal injury attorney admitted to USA Today of his surprise with the defendant’s arrest.

“You can’t make this stuff up. When I filed this simple lawsuit for Mr. Bradley’s injuries, the last thing I expected was they would find a dead body near his house and he’d be under investigation to two other dead bodies”. “That’s not what I expected when we filed our simple lawsuit.”
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A car accident can be a traumatizing time for anyone, especially if it happened to be a particularly bad accident. Some people come out with very few injuries, while others end up suffering from a lot of damage. Regardless of what happens during a car accident, it can be a life changing experience and therefore you are going to want to make sure that it does not happen again. Due to the trauma and injury that you can receive from it, it may be possible to hire a Florida personal injury lawyer to file a lawsuit against the person who caused the accident. On the flipside, you may find that someone has sued you for the car accident. In cases like this, you are going to want to make sure that you get a good lawyer. You need to find an attorney who is going to help you through this time and provide you with the appropriate legal advice that will help you in your case. Finding someone like Blake & Dorsten, P.A. in Florida or Crenney & Associates in Pennslyvania for car accidents will ensure that you have a good amount of expert legal advice on your side.

Recommendations

The first thing that you can do when it comes to finding a lawyer is to get a recommendation off a friend or a family member. All you need to do is look around and ask. Often this is one of the best ways of doing things simply because you know that you can trust the judgment of someone who is close to you.

The Internet

There are many Personal Injury lawy firms now who will advertise themselves on the Internet. All you need to do is take a look at their website and see what their lawyers are like. It is important to phone up the firm as well and make an inquiry. This way you will be able to find out more information about them and what services they can provide for you when it comes to your case.

Advertisements

You are more than likely to see a few lawyer advertisements both online and on television. If you do find these, then make sure to write down the number and keep it in mind.

Reviews

If you want, you can take a look at reviews online (such as on yelp.com or avvo.com) and see whether or not a particular lawyer is going to be your best option when it comes to your car accident case. Everyone wants to make sure that the people they are working with can provide them with a competent service, therefore it is a good idea for you to make sure that you hear what others have to say about a particular firm.

Ask Your Lawyer

The legal field is a small world. If you have another lawyer (such as a criminal defense attorney), then you can speak to them about getting someone who specializes in this particular area of law. Many people may prefer to go through their current lawyer for advice when it comes to important things like this.
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5 Steps that help deal with debt torment and personal injury:

Dealing with the problems of debt is not easy. Life becomes more difficult as you may receive frequent calls from creditors and their collection agencies. In addition to this, if the debt is a result of a car accident, you may start having more problems with regards to that if you do not have appropriate car insurance. The other party involved in the accident can claim dollars with regards to personal injury. Other than trying to get debt relief, you or your trial attorney may also be required to handle the personal injury case, if the other party sues you. There are various things which are to be considered with regards to the accidents.

5 Steps dealing with debt and personal injury

Some tips that may help you to deal with the debt in the case of a personal injury or car accident include:

• Knowing the details of debt relief options – It is important for you to know all of the details of the different debt relief options that are available. Some of the most common options available are the likes of debt settlement, consolidation, management and so on. In case of the secured debts, some of the options are the likes of loan modification and refinancing, etc.

• Negotiate with the creditors – You or your lawyer can negotiate with the creditors in order to get a settlement agreement, or re-payment agreements, or even a loan modification. That may help you to pay off your debts with ease.

• Lower your usage of credit cards – It is important for you to lower the usage of the credit cards, so that you can keep a proper control over your debt amount from increasing. Only if you keep a control over the debts, it may be possible for you to pay down the debts.

• Paying off the tickets you have got – Rather than dragging alongwith unpaid traffic tickets, it is best to consult with a Florida traffic ticket attorney. A good traffic ticket attorney may be able to get your ticket dismissed, get a reduced fine and keep harmful points off your driving record!

• Hiring a personal injury attorney – If you or a loved one are victims of a car accident due to drunken driving, or if a wrongful death has occurred do to this accident, the emotional and financial impacy may be devastating. Hire a trusted Florida personal injury attorney who can guide you through these troubles.
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