What You Need To Know About Bus Accident Lawsuits
Unlike other form of auto accidents, the procedure for a bus accident lawsuit is quite unique. Bus transportation is still safer than cars and motorcycles but that does not mean bus accidents is at zero, dozens still get injured from bus related accidents every year. Buses are not an exception to the accidents that can occur involving automobiles regardless of the magnitude. Ironically, there are added risks that relate to bus accidents despite the relative safety it is known for. This is due to the nature of bus travel and the build of most buses. Buses have a higher risk of tip over much more than cars. The absence of state of the art safety restraint features (airbags and seatbelts) makes the buses less safe in comparison with cars. In reality, the chances of a bus related accidents are comparatively lower than other road transportation mediums, but when the accident eventually occurs it can be more fatal. Crucial Issues in Bus Accidents Injury Claims In other accident or injury claim cases, the negotiation process is quite easy and straightforward. When it boils down to bus accident claims, the situation is always not so simple. Usually, such accidents often involve another driver. When you find yourself in such situation, you will have to file for compensation with the driver’s insurer. You will be asking for medical expenses, lost wages and this will end up in an injury settlement. The issue becomes tricky when the bus driver is on the other side of the law with the accident. The complication is as due to the ownership of most buses by the government entities like districts, schools, and public transportation outfits. Relying on statistics, school buses have a 37% chances of being involved in a bus accident. As you may already know, filing an injury claim against the government is often complex than personal injury claims. In any case, you are denied settlement by the bus insurer, you are left with a choice of filing an injury claim against the government entity that owns the bus. This has to be done within a relatively short period of time. How to File a Notice of Claim with the Government Entity The procedural rules to be followed in determined by the state you reside, or the municipality. However, the claim must be made against the government body or a person or an entity related to it. The description, time and address of the accident must also be explicitly stated with the name and address of who is filing the claims. Most importantly, there are time limits for the filing of claims in every state. Ensure you are aware of this by contacting a bus accident lawyer. Determining Faults in Bus Accident Cases The determination of the role of the party can only be arrived at with a proper investigation of the circumstances surrounding the accident. The potential factors that can lead to bus accident such as the level of stress of the bus; the level of training of the driver; cases of DUI; overloaded buses; and or the mechanical health of the bus. Having said […]
Read moreYour Legal Options When Hit By Drunk Driver
In a moment you are walking, and another you find yourself on a stretcher inside an ambulance clutching to life. You must have lost consciousness for a while depending on the level of the hit. Knowing where you are right now, you’ll come to the realization of the damage done to your boy. You cannot feel other part of your body, you cannot feel your leg. One thing will sharply come to mind, if you’ll be able to ever walk again or confined to the wheel chair forever. On reaching the hospital, you are announced to of how lucky you are to have survived being by a drunk driver. Knowing that the road to recovery will be a long one, one dilemma sets in, the cost of hospitalization and therapy. You cannot work, so how will you offset the bills. Be calm, insurance should cover a substantial part of the bills, even for the lost wages. Without any doubt of being hit by a drunk driver, an injury settlement will be tendered and not trial. Hence, to be commensurately compensated, you must be aware of the insurance laws, limits and no fault insurance limit. Avoid Immediate Settlement Don’t be coerced into an urgent settlement, ensure that your condition after the accident is fully ascertained before going into settlement. Expect the at fault driver’s insurance company to be gunning for an immediate and early settlement to quickly close the case and keep a low payout. What you think of a minor injuries may turn out to be serious in the aftermath or cause another serious damage to your health. In return for the early settlement, a release of liability form will be provided for you to sign. This is to prevent you from seeking any further settlement in the evident of a severe health issue arising later. You are advised to keep your record of financial loses which should include the medical expenses and the lost wages till after you are up and doing before considering any settlement offer. You also have leverage after the driver has been convicted of DUI to seek settlement. The insurance company would prefer out of court settlement as this will make the jury and judge sympathetic to your cause and injury. Be aware that there are limit of settlement an insurance company can provide, usually in the $50,000 range. Incase the damage exceed the state limit, there is a need to file a civil suit which will usually end in pre-trial settlement. In any event that there are many parties filing a suit against the same offender, the settlement will be lower for each party. Fault Vs. No Fault Insurance Laws. There are about a dozen state including New York, Florida and Pennsylvania which have the “no fault”auto insurance law in place. If you are in any of this state, your auto insurer is expected to cover your injury claims. State also has varying monetary limits claims for injuries, this is known as the personal injury protection (PIP) claims. From the above, you now understand the complex legal process involved in a settling a car […]
Read moreMost Common Swimming Pool Injuries
If any incident occurs around a swimming pool what comes to mind first is drowning, there’s a 70% probability that it is drowning. However, there are other several swimming pool related accidents and injuries aside drowning. For knowledge sake, other forms of this accidents will be discussed. Brain Damage Suffering a trauma to the head is one problem that is related to the swimming pool. An individual could suffer a brain injury due to a number of reasons; in and around the pool area is slippery. This could lead to a fall with the individual hitting the head on concrete. Aside this, near drowning can make an individual suffer oxygen deprivation to the brain. So also, a defective diving board or defective slides of a swimming pool could lead to a miscalculated fall. As a result of such damage to the brain, physical or mental disabilities may render an individual requiring support. Spinal Cord Damage This might result in permanent disability to any individual just like a brain damaged person. You should be aware that a damage to the spinal cord can be of different levels of gravity, may be minor or major damage. Most times, many forms of spinal cord damage are undiagnosed. An individual with a spinal cord injury may feel nothing on the tongue, tingling sensation on the limbs and total weakness of muscles. Drowning and Near Drowning This has been the second-leading of unintentional injury among children between the ages of 5 to 14 years in the United States. This is not just in the United States alone but in most countries of the world. There is an estimated 372,000 death resulting from drowning worldwide annually. Aside from these injuries, there are other swimming pool related injuries. Electrocutions due to defectives wiring, severe cuts to the face that can permanently disfigure an individual, and fracturing of bones are other common forms of injuries. Nonetheless, if the injury is as a result of negligent or intentional acts, victims have the right to seek compensation.
Read moreFive Questions to Answer Before Filing for Wrongful Death Claim
As a point of entry, a knowledge of what the subject denotes is important. Any form of negligence or misconduct by an individual that leads to the death of another is termed wrongful death. This means that any form of tragedy that could have been averted but due to the negligence of another lead to a death. Any intent to cause harm by the defendant may be met with both criminal and civil proceedings. While civil suits are meant to charge for damages and monetary loss that may have been suffered by the plaintiff, the criminal suit takes a different route. When an individual dies, there’s a family left behind to grieving over lost dreams. A wrongful death can be the loss of a spouse, son, sibling, parent, and other loved ones. As an individual who lost a loved one to wrongful death, you are permitted to make a claim. However, wrongful death is guided by prerequisites that border on timing, evidence, and qualifications of the plaintiffs. Before you sue for wrongful death, ensure you provide answers to the following questions; Who Are You to The Deceased? The statutes guiding wrongful death claim clearly specify who can be the plaintiff in a wrongful death suit. Only close family members can file a wrongful death claim, family members such as the spouse, children, parent and will executor. The aim of a wrongful death suit is the compensation of those who suffer a loss, which are the loved ones. In a case where the deceased have a will in place, the law court will appoint an executor who will file the claim. For example, if an unborn child is lost due to the negligence of the medical personnel, the parent of such unborn fetus are the plaintiff. What Is the Evidence? A solid prove must be available to back the claim of the plaintiff in the case of wrongful death. The element of negligence and the pain in every form that the death has caused must be clearly established by the wrongful death lawyer. A breach of duty or trust be clearly proven by the plaintiff representatives. Was There Any Breach of The Duty of Care? Under normal circumstances, an individual must ensure that their actions and inaction does not cause injury to another. If it can be proven that such are was not taken, then the plaintiff can file for wrongful death. For example, if a medical personnel does not administer treatment on a patient as when due, and this leads to the death of the patient, there will be a case of breach of duty. So also, any form of intentional action by an individual will also be proven with intent to cause harm. What Caused the Death? There will be a need to prove that the breach of care by the defendant was the direct cause of death. The cause of the death is one of the important questions that must be proven by the plaintiffs. For example, if a drunk driver hit a student suffering from Asthma, and in the cause died from the complications of Asthma, then […]
Read moreCommon Child Injury Locations
Every building be it residential or commercial place must be safe. If a building is unsafe or at a risk for anyone who steps on it, then it is legally acceptable that the occupant of the building be culpable for any accidents that would be suffered therein. Although, adults mostly recognizes danger when they see it and would try to make it safe out of tricky places such cannot be said of children as they are highly susceptible to dangers, they would not be able to manipulate themselves out of risky situation. Several laws regulate safety in residential and commercial places however; the major law or act that is of great concern is the Occupiers Liability Act of 1957 amended in 1984. The Act requires the occupant of a building to be responsible for its safety. Shops Accidents or injuries could occur in shop when the shop is disorganized- improper arrangement of stuffs in the premises. As noted above, adults have no problem navigating these unfriendly terrains, but for children, it is a great difficulty as they might not be able to find their way around these obstacles. When an injury or accidents occur in a shop, it is usually considered whether the shop has adequate provision in forms of systems that would ensure that the barriers are dislodged or a cleaning system to clear any mess for example someone cleaning spillage or removing fruit peels from the ground. If not the shop would be penalized and the child compensated. Schools Several examples abound, some are captured here: Chemistry Mishap – In a chemistry class, the teacher was illustrating how to use a fire extinguisher when the fire extinguisher released and hit a student on the eye. The injury was not a serious one. A successful claim was made and compensation was given which covered expenses. Football Jump – a child who was playing football with mates was injured while trying to collect the ball from the rooftop but fell and sustained multiple injuries. The accident caused the child’s parents to demand for a compensation, which was granted. Arranging Chairs – A child was injured asked by a teacher to arrange chairs. The case against the city council was that the child was not told the hazards of stacking chairs. The claim was successful as the child’s parents were compensated. Protruding Objects – a child face was injured by a sticking point in a school fence. It was said that the child was playing around the school playground and was running about a board when the objected pointed into the child’s face. The child was compensated for the injury and all expenses were covered. The Bike Shed Accident – A child on climbing a container left in the school premises and jumping unto a bike shed was injured. The bike shed could not contained the child’s weight and have to give way causing the child to fall to its injury. Gravel Path Accident – A gravel path caused a child to fall thereby sustaining injuries. The path was deemed unsafe and was suggested that it be dropped down. The claim […]
Read more5 Things That Ensure You Get The Compensation You Deserve From Your Motorcycle Accident
If you’ve been the unfortunate victim of a motorcycle accident through no fault of your won, California state laws entitle you to seek damages from the responsible party. Those damage awards can include personal and emotional injuries as well as payments for damages to your property. Defining fault in a motorcycle accident isn’t easy, but it is possible and necessary. Fault helps establish your case and has a bearing on the amount of compensation you can receive. We’ll define some fault guidelines that may help bolster your case. Comparative Negligence Comparative negligence proportionately assigns fault to the parties involved and helps determine award amounts. It is crucial to have an experienced motorcycle attorney on your side to make sure the fault assessment is fair and unbiased. Evidence Gathering Physical and forensic evidence make up the crux of your case. It is therefore vital to your case that evidence be gathered, tracked, assessed, interpreted, and presented in court by experienced experts who know what they’re doing. Accident Scene RecreationInjuries and emotional trauma may make it difficult, if not impossible, for accident victims to accurately recall important details. Professional recreation of the accident scene can bolster your case and give judges and juries a clear picture of what actually took place. Accident Investigation Trained investigators can analyze tire track skids and angles, glass shatter patterns and other forensic clues that point to fault in a motorcycle accident. Expert Legal Representation The key to the compensation you need and deserve is an expert legal team handling your case. We are practiced in these cases and can ensure you receive everything that’s owed to you from the negligent party. You need an attorney who can help protect your rights and make sure you receive the maximum compensation possible so you can concentrate on recovery.Call us at (323) 999-3500 today.
Read moreBurn Injuries: What Are Most Common Causes
Burn injuries are a very serious problem and are more commonplace across the country than you may think The American Burn Association estimates that as many as 500,000 injuries take place annually across the United States alone. The survival rate is somewhat encouraging at about 94% but a burn injury is no light matter. Any burn victim will tell you it’s one of the most painful experiences to live through. Medical professionals who have spent time with patients suffering catastrophic burn injuries that they are one of the most devastating types of injuries that can occur. An external injury of this nature takes place when the skin is exposed to intense heat coming from fire, electricity, chemicals or even radiation. Internal burn injuries can be caused by inhaling harmful fumes like heated gas or by swallowing hot liquids or even through electric shock. The intensity of a burn usually depends on how deep it is and how much tissue has been damaged. Burn injuries if serious enough can damage not only the three main layers of our skin but also muscles, blood vessels, and even our bones. According to the American Burn Association the most common causes of burn injuries are as follows: Contact with an open fire or flame: 46% Scalding and resulting injuries including from steam, hot water, spilled coffee, and other hot liquids: 32% Thermal burns through contact with hot objects like ovens and clothing irons: 8% Electrical burns: 4% Chemic burns: 3% The remainder is divided between minor causes including sunburn, fireworks, inhalation. According to research by the association men are a more likely victim comprising 70% of all cases. A whopping 70% of all accidents associated with these injuries take place at home with 17% on the road, 8% at work, and 32% everywhere else Source: American Burn Association 2007 http://www.ameriburn.org/resources_factsheet.php Burn Incidence and Treatment Fact Sheet.
Read moreCauses of Traumatic Brain Injury
It’s often difficult to truly and accurately determine just how many people suffering from Traumatic Brain Injury also known as TBI. It is alarmingly larger than most of us would expect, however. According to the U.S Center for Disease Control and Prevention (CDC), there are roughly 1.5 million patients suffering from TBI-related injuries each year in the United States alone. Furthermore at least 85,000 suffering from long-term abilities annually as a result of it. In the U.S over 5.3 million live with these disabilities. Although those admitted into the hospital are included in these figures, ER visits and clinical visits are not. So what causes TBI? The reasons can actually vary from case to case but the top three are due to auto accidents, gunshots, and falls. In the case of firearms, 9/10 of all patients will die as a result of the fatal injury. Senior citizens and young adults have so far proven to be the highest risk age, group. Spinal cord injuries are also included in these risk factors along with injuries to the brain and can also result from outside car accidents, gunshots falls. There is no known cure for TBI so it goes without saying that prevention is the best bet. Primary Causes The following are the main contributing causes to those who have suffered from TBI, and in many cases as you’ll see many could have been prevented. They are follows Open Head Injuries – These head injuries can result from bullet wounds, punctures, a number of other causes. Most of the damage is focal damage and usually involves penetration of the skull. It has often by documented the resulting effects are often equally grievous to those seen in closed brain injuries. Closed Head Injuries – Closed ahead injuries are usually connected to slip and fall accidents, car crashes, and so on. Focal damage is seen here as well a great deal of diffuse damage to the axons. The effects, therefore, tend to be very broad because of this. Deceleration Injuries (Diffuse Axonal Injury) – To understand these types of injuries you must understand the environment of your brain. While your brain is very soft and not much more solid than gelatin the skull that contains is hard as a rock and unyielding. So first you have acceleration, which is skull moving through the air to a certain point then deceleration, which takes place when your skull makes impact usually with a hard object. Unfortunately, the brain and skull don’t move evenly because of their difference in density, so the brain is basically moving inside the skull. This kind of differing movement, therefore, can cause serious injuries resulting from contusions, brain swelling, and axonal shearing. Diffuse axonal shearing: Diffuse Axonal shearing takes placed when the brain slams too and fro within the skull, back and forth. The brain, due to its soft gelatin-like texture is furthermore stretched and compressed. With a strong enough impact, the axons will be torn as a result of being forced to stretch too far. A severe brain injury will cause axonal shearing as well killing the neurons. Chemical / Toxic […]
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