dog bite 6/29/2020 – gtg

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Dog bites are an ever-increasing problem, and it is children who most often suffer from attacks. The Center for Disease Control estimates that, nationwide, more than 900,000 dog attacks each year require medical attention. Bites are often caused by negligence or recklessness, and serious injury or death may result. Injuries may include but are not limited to, permanent scarring, nerve damage, infections at the site of the wound, and psychological scars, especially in children. Law provides for money damages to cover a significant variety of losses including medical bills, pain and suffering, mental anguish, loss of consortium, humiliation, embarrassment, impaired enjoyment of life, and future medical bills.

Damages can be recovered through Dog Bite Laws or through Common Law.

A dog bite victim can recover compensation under a special statute. Protections afforded by the dog bite law expand upon those provided by common law. There can be a liability even if there was no vicious behavior prior to the attack, and even if the owner had no reason to believe the dog would behave in a violent way.

Common-Law Remedies
In addition to a dog bite statute, those injured by dogs can also recover under the common law. However, the plaintiff must prove that the dog owner’s negligence caused the injury. In the law, negligence is defined as a lack of ordinary care. Ordinary care is what a reasonably prudent person would have provided in similar circumstances. Lacking ordinary care, damages can be sought from a defendant for his/her negligence under common law.

Realize that an owner also can incur liability for non-bite injuries. Injuries suffered by an animal are also addressed.

Liability can also be imposed on one that is not the actual dog owner, such as a landlord. The dog bite law does not address non-owners, but common law does. Those that don’t own the dog, but are caring for it, harboring it or keeping it in any way can be held liable under the principle of ‘Scienter’. However, a non-owner must be proven to have had foreknowledge of a dog’s vicious propensities. Otherwise, a non-owner cannot be held liable.

After An Attack Seek Medical Help
If you, your child, family member, or an animal that you own is the victim of a dog bite, seek immediate medical attention, and gather and preserve evidence. Immediate efforts to sterilize the affected area with hydrogen peroxide or alcohol are important to limit the chance of infection. Wrapping the wounded area with gauze bandages can limit the degree to which bacteria can enter the wound. if there is bleeding, elevating the area to reduce bleeding can be helpful.

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The American Humane Association reports that over 4.7 million dog bites are sustained every year. A majority of these bites occur near a victim’s property with an about the equal number being caused by dogs that are chained and by dogs that are unleashed. Residents enjoy stricter laws regarding owners’ liability and can generally be compensated for injuries that they sustain after they are bitten by a dog.

Dog Bite Laws
Each state is allowed to set its own laws regarding personal injury claims, including statutes and case law pertaining to dog bites. Some states have a “One Bite” rule in which the first bite that a dog makes will not result in liability against the dog owner. In these states, the dog owner’s knowledge of his dog’s history of violence or propensity of violence is determinate of his liability. Texas laws do not act in the same manner. Texas has a strict liability law regarding owners’ liability. If a dog bites a person who is legally on the property, the dog owner will be held liable for the injuries that the victim sustains. If the victim was contributed to the dog bite due to his own negligence, the percentage of his negligence that contributed to the dog bite will reduce the jury award by the same percentage. If a person exercises control over the dog but is not the owner, he can also be held liable for the injuries that result.

Types of Injuries Related to Dog Bites

Dog bites can result in several serious injuries. 71% of injuries occur in the arms, hands, legs, and feet. Victims may have large, gaping wounds that are caused by dog bites. They may incur lacerations. They may develop permanent scars due to the dog bite. They may also be infected by bacterial or rabies infections. Many dog bite victims also sustain psychological trauma because of a dog bite and may have a fear of dogs for the rest of their lives.

Types of Damages Related to Dog Bites

The owner or person in control of the dog can be required to compensate the victim for his injuries. The victim can recover medical expenses, including the expense to visit the emergency room, surgeries, plastic surgery, and prescription medicine. Income that victims lost due to having to seek medical treatment and to recover from the wounds can also be compensated. Victims can also recover for pain and suffering and any mental distress that resulted due to the sustained dog bite.

Actions After Sustaining a Dog Bite

The Centers for Disease Control and Prevention states that over 800,000 people seek medical treatment after sustaining a dog bite each year. Nearly half of these victims required treatment in an emergency medical services center. Injured victims may receive preventative treatment for Rabies and Tetanus. Many victims retain the services of personal injury attorneys and dog bite injury claims represent over $1 billion in jury awards and settlements each year.

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Owner’s Liability For Dog Bite Injuries

Liability Varies from state to state.

State Laws, as well as numerous local laws and rules, determine if the owner or others are responsible for dog bite injuries. (” owner” is used to refer to the dog’s owner, as well as the dog’s custodian, caretaker, keeper, harborer or anyone else who may be liable)

Statutory strict liability: a legal principle applies in most states holding that a dog owner is strictly liable and will always be held responsible for the injuries their dog causes to others even if there was no reason for the owner to know that the dog was dangerous (with certain exceptions such as if the victim was trespassing). Under these governing laws, in order to prove liability, there is no requirement to prove any fault or negligence by the dog owner: one does not have to prove that the dog owner knew of the dog’s propensity for biting or reasonably should have known the dog to be dangerous order to achieve compensation.

Dog bite strict liability statutes exist in the following states: Alabama, Arizona, California, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Utah, Washington, West Virginia, and Wisconsin.

One Bite Rule (also known as “One-Free-Bite Rule”: The balance of states have put in place a higher standard of proof in order to hold the dog owner liable for the dog bite injuries: under the “one bite” rule the owner is not liable for the first bite injury unless it was caused as a result of owner’s negligence. Any time a dog bite occurs after that “one free bite”, the owner is held to strict liability for harm caused by the known dangerous dog. The “one-bite states” are as follows: Alaska, Arkansas, Colorado, Georgia, Idaho, Kansas, Maryland, Mississippi, Missouri, Nevada, New Mexico, New York, North Carolina, North Dakota, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Vermont, Virginia, Wyoming.

Tests for A Dog’s Dangerous Propensities in One Bite States: The test for determining an owner’s negligence-of whether the owner “reasonably should have known about the attacking dog’s dangerous propensities-is not always straightforward, and the determination could vary by jury. Some of the indications used to demonstrate a prima facie case of owner’s knowledge, apart from the obvious indication of past records of attacks or bites are: if the dog was used as a guard dog, if signs are posted all over the property warning all to beware of a dangerous dog, if everyone in the neighborhood sees the dog barking violently, jumping up against the fence, growling, and just generally demonstrating an angry truculent personality; if the dog is kept fenced and muzzled.

“One Bite Rule” States do Not Literally Require That A Dog Have Bitten Previously to Hold The Owner Liable:
The “one-bite rule” language should not be taken literally. Therefore, dog owners definitely can and have been held liable for dog bite attacks even if their dog had never bitten anyone previously (ie. Take the case of a vicious guard dog that has been carefully muzzled and fenced and on a leash his entire life, and thus has never bitten anyone. If one day the owner recklessly decides to let the guard dog free and it violently mauls the first person it sees, that owner would almost certainly be held liable-despite it being the dog’s first bite ever.) Conversely, even if a dog had bitten someone 10 years ago when it was younger, if a dog had mellowed to the point where it had not shown any aggressive tendencies for the past ten years, a jury could very likely hold the owner not liable if the dog suddenly without warning ends its ten years of docile behavior and decides to bite the mailman. In this case, even though there was a prior bite, the jury may find no liability.

Injuries from Dog Bite Attack or Injuries Incurred While Running Away from a Dangerous Dog. It should be noted that most “strict liability” rules only apply to actual dog bite injuries. It is often necessary to allege additional recovery theories under common law or negligence theories in order to recover from non-bite injuries arising out of a dog bite attack. In the event the dangerous propensity test has been met to show owner’s negligence, a dog’s owner can also be held responsible for non-bite injuries such as bruises, broken bones, and other miscellaneous injuries incurred even if the dog never actually touched the victim, such as in the case where victim narrowly escaped from an attack dog by running in his car and breaks his hand against the car door in a rush to escape the attack. There can be owner liability for indirect injuries of this type.

Exceptions to Liability: There are certain circumstances where a dog bite victim may not be able to recover, regardless of what state or city the dog bite attack occurs. Generally, if a victim was bitten while trespassing, while provoking or attacking the dog, while committing a crime, while providing professional services to the dog (like a veterinarian) or if the dog was a police or military dog on duty.

Local and city rules and ordinances requirements for dogs often impose other mandatory requirements on dog owners such as licensing requirements, the limit of the number of dogs/pets per household, leash requirements, vaccine and other shot requirements such as distemper, cleanup of dog waste droppings anywhere except the dog owner’s private property

“Negligence Per Se” Violation of Leash Laws, etc.
There is a presumption that a dog bite attack that occurs during the time of a violation of a local ordinance or rule such as violating a leash law, automatically renders the owner responsible for any injuries caused by a dog during such violation. Although there are exceptions to this, generally this “per se” negligence principle is applied by the courts. The “per se” negligence principle is also applied to hold dogs liable for damages caused if the dog is committing trespassing on another’s property without permission (express or implied), or if the dog is off the owner’s property or is running free in violation of a law prohibiting such actions.

Defenses are available in dog bite attacks.
The actions of the victim just prior to the dog bite attack are an important factor in determining whether the victim can hold the dog’s owner liable. Often no viable claim exists if, just prior to the dog bite attack, the victim attacked, kicked or otherwise provoked the dog, or if the victim as trespassing, committing a crime, or the dog was a professional working with the dog.

Statute of Limitations: Note these very strict procedural restrictions on bringing a claim-they are designed to prevent a person from waiting too long to take action on their claim.
There is a time limit for bringing a dog bite claim for your injuries and this is called a “statute of limitations”. It is the time deadline by which the victim of a dog bite attack must bring a claim against the dog’s owner or other responsible party. The specific “statute of limitations” time deadline varies from state to state, and one must be very careful to read the correct statute of limitations that applies to the circumstances of one’s case. The general time to bring a case is from one to six years (it can vary if it is a government entity being sued or a child victim in the dog bite attack) and it generally runs from the time of the dog bite incident. Courts are very strict in requiring compliance with these time limits you are advised to act promptly in order to ensure that your rights to recovery are not lost forever for missing the deadline. In addition, there are several states with a confusing tricky statute of limitations under which an apparent two-year statute of limitations for dog bites may apply only to certain dog bite liability theories while other theories may be governed by other shorter statutes. So beware that all the possibly governing statute of limitations are researched and noted that no avenue of compensation is lost inadvertently.

Court Cases Involving Dog Bite Attacks:
At times, owners of dogs can be held criminally liable for the acts of their dangerous dogs.

Owner of Vicious Attack Dogs Sentenced to 15 Years in Prison for Murder
A Supreme Court reinstated a second-degree murder charge against a woman who was convicted as the owner of two guard dogs that viciously attacked and killed a 33-year-old woman lacrosse coach in the hall of her apartment building. She died from 77 wounds to her body from the vicious attack while, according to the court records, the dogs’ owner was present and did nothing to try to stop the attack, “showing a conscious disregard for human life. A lower court had reduced the charge to involuntary manslaughter in 2002, but this reduced sentence was overturned. The now imprisoned owner had adopted the two deadly guard dogs from her adopted son, a prison inmate white supremacist who had been planning to start a guard dog company.

Criminal Charges Brought Against Owner Of Two Attack Boxers
Criminal felony charges were brought against the owner of two boxers who attacked a veterinarian and mother walking her sons. The woman had been walking with her two sons when she saw one of the boxers heading to attack her 8-year-old son. She said maternal instinct caused her to immediately jump on the first attacking boxer to protect her son and moments later, a second boxer appeared and the two boxers together mauled her as her two boys climbed a fence to safety. She said the two boxers treated her like a “chew toy”, and as the two attacked her, it was a complete blur of screams, growls, pain, and lapse of consciousness. One boxer dragged her across the gravel while the other one lunched on her side. The vicious attack stopped when the wife of the dog’s owner came out of the house with a rake and started banging it and yelling at the dogs to stop. The victim was hospitalized for six days after the attack by the two dogs receiving treatment for bites over most of her body. She was sutured in twenty different areas for bites on her head, right ear, legs, and arms. She suffered a severed bicep, a hole the size of a fist in her leg, and all together incurred over $150,000 in medical bills. Her insurance only paid $100,000 of the bills, leaving her obligated to pay the additional $50,000. The felony charges are being brought because animal control had warned the owner previously of the dangerous nature of the two boxers after they bit someone else in 2004.

Civil Liability Cases: Dangerous Dogs: 63-Year-Old Woman Attacked by A Pit Bull Terrier
A 63-year-old woman weighing 127 pounds was viciously attacked by a 3-year-old male Pit Bull Terrier named Dozer who weighed 80 pounds. The attack was over in seconds as the dog’s owner heard the attack and came running to stop it…saving the woman’s life according to bystanders. The woman says she was saved because she had the presence of mind to turn her back toward the pit bull terrier because she wanted to protect her face from the attack. It was a smart move. The dog gashed her thigh then bit into her arm causing 12 stitches and future surgery. “He was trying to kill me, I am just glad he didn’t get my face”, she said. Animal control officers have placed Dozer in quarantine and have issued citations to the owner for failing to license the dog, and for having a dangerous dog that caused serious injury to another. Under local ordinances the boxer could be kept even if found to be a dangerous dog but only if strict rules were followed such as the construction of two fences, a warning notice regarding the dangerous dog, and that Dozer could only go outside with an adult, a leash and a muzzle at all times.

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Important Facts You Should Know About Dog Bites

A virtual epidemic of dog bite incidents is occurring: The number of dog bite attacks increases every year. There are more than four and a half million dog bite incidents yearly, one occurring every 30-40 seconds, with over 1000 dog bite injury victims going to emergency rooms and another 2000 receiving some kind of non-medical treatment for dog bite injuries each day. Financial losses exceed one billion dollars a year. Due to increasing dog population, increase in urban high-density living and the corresponding increase in the interaction between dogs and people in sidewalks and narrow environments, and the popularity of highly dangerous attack breed dogs, the number of dog bite attacks just keeps rising. Each person has a one in fifty chance of being bitten each year and that chance is increasing as all the factors leading to higher dog bite attacks coincide.

Over half dog bite injuries occur in the home with the attack caused by either the family dog or friend’s dog.

Half of those injured are children usually under ten years old; the majority of these injuries to children occur in the face and neck area of the body.

According to the US government, the most dangerous breeds with the highest risk of biting are the following: Doberman Pinschers, Alaskan Malamutes, Chows, St. Bernards, Akitas, Pit Bull Terriers, Rottweilers, German Shepherds and Huskies. Other reports include wolf-dog mix, and American Bull breeds as particularly dangerous.

Rottweilers, Wolf-Dog mix and pit bulls are responsible for a large percentage of the dog bite attacks each year: over 75% of the dog bite attacks that cause bodily injury to the victim; over 70% of the attacks on children; over 80% of attacks on adults; over 75% of attacks that cause maiming of the dog bite victim.

Most dog bite victims each year statistically are children, the elderly and postal service workers.

How and where do dog attacks occur?

One-quarter of attacks occur while the dog is chained
one-quarter while the dog is loose in the yard
20 percent while the dog is inside the home
17 percent while the dog is roaming off property
Puppies, more than adult dogs are likely to commit attacks.

Guidelines:

You should never allow a child to be alone with a dog, even one that seems friendly. Dogs can become territorial, frightened, threatened, or attack for any unexplained reason at all, unrelated to the child, and such attacks are often of the child’s face and neck and extremely severe.

You should never approach a strange dog in the dog’s territory, near a dog’s puppy, family, or food.

You should refrain from holding your face close to a dog’s face, startling a dog, or teasing or provoking a dog, especially if the dog is eating, sleeping, or with its puppies.

You should refrain from running from a dog that is attacking you, try to stand still, or if the dog has knocked you over, cover your head and face and roll into a ball; try not to act threatening to a dog by staring it in the face.

Note: These statistics are based upon reports issued by the US government and other research agency reports.

Information on Common Treatment of Dog Bite Injuries

Plastic surgeon guidelines on dog bite injury treatments state that the first priority is to ensure the bleeding has been stopped. In certain severe cases, especially among children who are often bitten in the face and neck, check must be made regarding hemorrhage from blood vessels around the head and neck must be checked.

Next, treatment must be carefully administered to prevent infection from occurring. The bites can present in the form of skin punctures, lacerations, cuts, crushing wounds, and fractures caused by the powerful jaw muscles of certain dogs. Plastic surgeons are often called in due to the fact that the dog bite attacks more often than not involve punctures, scarring, and disfigurement to the face, throat, nose, cheeks, and thus require the highest of specialized care. After cleaning, the wound is washed with a saline solution and a catheter is attached to allow irrigation to puncture wounds in order to limit infection.

Subsequent to irrigation, depending on the nature of the injury, the wound could be sutured or closed with tape. The wounds with higher liklihood of infection should receive antibiotic treatment while the lower risk wounds may be sutured unless infected. The following are considered high-risk dog bite wounds: any dog bite wounds in which the treatment has not occurred for over twelve hours, wounds involving the foot, ligaments, hands, tendons, bones, or punctures. Sometimes skin that is severely damaged from the bite must be cut, require grafting, reattaching, multiple surgeries involving removing skin from other parts of the body to attach to the wounded area.

Infections associated with dog bite wounds include sepsis, septic arthritis, osteomyelitis, tenosynovitis, and others. Tetanus records of the victim must be checked to ensure recent timely tetanus shots which must be administered, along with a check on rabies vaccination for the attacking dog, so that appropriate required vaccinations if any, can be administered to the victim.

Emotional and Psychological Trauma From the Dog Bite Attack

Even after the physical injuries from the dog bite wound have healed you will still very likely be experiencing psychological trauma from having gone through the frightening experience. Are you still reliving the frightening dog bite attack in your thoughts? Due to the vicious, sudden and surprising nature of many dog bite incidents, victims usually suffer from emotional trauma and this trauma often requires treatment by professional doctors and therapists who can assist you in best dealing with the emotional scarring and the post-traumatic stress disorder (“PTSD”) that often occurs. Especially among children who are often victims and who also may be traumatized by being witness to close personal attack of a loved one, the child will demonstrate anger, withdrawal, depression, all immediately or shortly after the incident. These are all normal emotional reactions to an extremely frightening and traumatic event that create long-lasting memories in a child’s brain. Scientific studies have led many doctors to conclude that a single severely violent frightening incident like a dog attack can lead a child to develop PTSD because a child is always looking at the environment and acting to maximize its comfort and survival. A severe event like a dog bite attack will often be construed as a general data input that all of life in general can and will be painful, frightening, and uncertain, especially if the child viewed a loved one being subject to severe and sudden attack by dogs. The child assumes such violent attacks will happen again, without warning like the first one. The child will replay the event continuously in its mind re-experiencing it and suffer from nightmares, flashbacks and general distress, often triggered by encounters or viewing of dogs similar to the injuring dog. In certain cases, the child may internalize the incident such that it is interpreted to mean the child is itself bad and brought it on through its own actions. These PTSD traumas can in some cases last through adulthood becoming an integral part of the adult personality. These PTSD symptoms may appear in a child or young adult immediately or not for several weeks or months after the dog bite attack. Alternatively, PTSD may diminish and resolve itself after time passes, but mental health treatment by a professional trained in helping children to cope with such occurrences is often recommended for at least a 12 week period generally required to alleviate the PTSD symptoms, through play therapy, and other psychotherapy treatments, sometimes assisted with medication. Children rely on support from family and friends to assist in recovery, to reduce depression, anxiety, and trauma of the PTSD disorder.

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dog bite law 6/23/2020 – TIER 4 – gtg

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What constitutes a dog bite in Texas?

The term “dog bite” is generally used in any dog attack. Generally, any dog who grabs a person with their mouth in some manner has committed a bite. In cases where the skin is unbroken or some external object (like thick clothing) prevents a skin rupture, the dog can still be liable for biting. In Texas, the dog bite victim must be able to prove that the dog bit them for a case to move forward.

What sort of evidence can I use to prove the dog bit me?

The most compelling and widely used bits of evidence are photographs and witness testimony. Pictures of the extent of the wounds as soon after they occur can provide the victim with a clear case of a dog bite. Pictures of any affected clothing and of the area where the attack took place (even after the attack) can also be extremely useful.

Medical records, such as paramedic and hospital reports regarding the dog bite can also help in proving that a person was injured.

Why should I hire a dog bite lawyer to help me?

Even if you have been approached by the dog owner’s insurance provider to settle your case without a lawyer you should contact our Law Firm.

You should never sign any paperwork related to the attack, agree to any settlement, or admit to any role in the attack without consulting a Texas animal attack lawyer for advice.

In many cases insurance providers will try and settle the case for far less than you are owed, deny responsibility, threaten the victim or their family with further legal action and more. Please contact us with any of your questions and learn how you can protect yourself from any legal problems. Our personal injury Law Firm provides free legal advice to anyone suffering from a dog bite.

What kinds of dogs are most involved in dog attacks?

The recent trend in dog bite cases has seen a rise in the number of attacks by pit bulls and Rottweilers. While these dogs by themselves can be very docile and kind, if they are provoked in certain ways they can be extremely deadly due to their muscular strength.

In many cases of dog bites in Texas, the dog owner played a significant role in creating a dangerous dog. Dog abuse and neglect, forcing the dog to fight other dogs and training the dog to be aggressive can all result in a dog becoming dangerous.

How serious are dog bites?

Throughout the United States, the number of dog bite and attack victims each year is estimated to be as high as 5 million people. Some 800,000 people need medical attention for their injuries and 1,000 people each day are sent to the emergency room for their dog bite-related problems. Many people die from their dog bite injuries.

More than half of the victims of dog bites are children, most of who suffer from some sort of facial disfigurement.

What if the dog owner was a relative or friend?

Even if you know the dog owner, they are still liable for the actions of their dog, especially when the dog attacks someone else. Having the legal assistance of a Texas animal attack attorney will protect you, not from the dog owner, but from their insurance provider.

Every dog-owning homeowner is required to be covered under their insurance provider. It is not the dog owner who is required to pay for your damages but their insurance company. Insurance companies can be notoriously unreliable in providing legally owed money, especially in dog bite cases.

How do I hire a dog bite injury lawyer?

Contact our Law Firm for a free consultation. Our lawyers have been handling personal injury and dog bite-related cases throughout Texas for years. We give free, no-obligation legal advice to anyone who contacts us.

If we are going to be your legal representation, we do not ask for any payment upfront. Most every dog bite case we handle is paid to us via a contingent fee. The contingent fee is a preset amount of your settlement only and is only paid to us if we win your case. There is no obligation on your part other than to let us protect you.

We never charge hidden legal fees and always factor your part of the contingent fee into any amount we agree to settle on. Please contact us today for any dog bite-related matter. We look forward to helping you.

Contact our team for a free consultation and let our smart, aggressive legal representation go to work for you today.

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legal 6/15/2020 – TIER 4 – gtg car accident

Five o’clock finally came around and I was relieved, I locked my office up and was in my truck on my way to pick up Jason from logistics within a minute of the bell going off. It reminded me of the Flintstones, we literally had a bell that went off for lunch and at the end of the day but now that I think of it, we kind of did the same thing that Fred Flintstone did. I guess things have changed much since cavemen walked the earth. I wish that we had massive dinosaurs to help us instead of heavy machinery, that would be a lot cooler at least, then we could film a reality show based on our daily lives in the mining business. I was going to have to discuss the concept with Jason over the several pitchers of beer we were about to share. As I pulled up to the loading dock office, I saw that Jason was already outside waiting for me, I decided to roll by really slowly but not stop, I wanted to make him run a little bit in order to get in. I slowed down almost to a stop and when he grabbed the door handle, I continued forward very slowly, I rolled down the window and yelled at him to hurry up. He picked up his pace and grabbed a solid hold of the handle and swung the door open, he took a few more strides and then jumped in, swung the door shut and promptly punched me in my shoulder. I laughed as we left the shipping yard and were on our way to the Flimsy McGee’s, one of only two local watering holes. There wasn’t really anything to do out here, we had a few more months of this and we were only able to fly home once a month so we drank more often than we probably should while we were here.

I asked Jason if he saw the DUI lawyer business cards on the company bulletin board in the office earlier. He laughed and I told him that I was serious, I pulled my wallet out and found it so I could show it to him. He looked at it and then turned it around and saw that the specific DUI attorney was his uncle. He looked confused and asked me if I was serious about finding it on the company bulletin board and I told him that I was totally serious and that there were more of them too. How did they get here? He asked and I told him that I had no idea, his uncle worked about an hour away. He had no way of knowing where I was working and even if he did, he wouldn’t have brought a stack of cards out, it didn’t make any sense, he said. Then, at that moment, he realized that he’d just gotten his nephew hired at the site, he must have been who posted the business cards on his uncle’s behalf.

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If you find yourself in legal trouble, it is likely a big deal to you. The consequences could be very big in terms of the way that the case goes. Even being involved in a legal case can be detrimental unless you find the right lawyer. A good DUI attorney is worth his or her weight in gold. They are able to get you the right legal representation and make sure that you are on the correct side of justice. They are able to make the case easiest for you, in that many cases do not necessarily go to court because they are able to find a settlement that both parties are happy with. They tap into their skills and abilities.

Some forget that any person in the United States is legally free to represent themselves. They do not have to hire a lawyer, but this is not a very common thing to do. The reason is often that, unsurprisingly, they do not have the experience and knowledge to be able to represent themselves. Like any industry or trade, this is why you hire someone who knows what they are doing. The law is a little different than plumbing. You hire a plumber because he is an expert, just as you would with a DUI lawyer. The stakes are a bit higher with your lawyer. For many clients, they want to be involved in the process. Involvement in the process gives clients a greater sense of control and confidence. Because there is so much at stake for the client, they likely do not want to just sit in the passenger seat and let the lawyer do their thing. Some people may want this. But for those that want the confidence gained by getting updates on their case and to be asked for advice, they want to find a law firm that allows for this.

Law firms like ours are grassroots, smaller firms that make us nimble and speedy. We are able to do things as a more centrally focused law firm that the big, sprawling law firms are not able to do. One of those things is to involve clients in the process as it is happening. I know that I would want this. I am a worrier. If I felt like I had no involvement, it would tear me up. This is not just symbolic. It an actually make the case stronger too. The court is likely to have heard a case at least somewhat similar to your case, but they have not heard your specific case. Working with the DUI lawyer allows greater communication and transparency. Through this, the nuances and conditions of your specific case are able to shine through to the court, revealing the circumstances of your situation. This will reveal the uniqueness of your case. Work closely with your lawyer. It will make the process of going through these legal proceedings much easier and more manageable.

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Peek backward over the last 7 days of your working life. Without spending too much time, take into consideration each moment in each day that you could have slipped, fallen, had something fall on you, slice yourself, or else otherwise harmed yourself. We in all probability narrowly evade injuries every day because of luck or divine intervention. This is simply a fact of life, there is not much we can do by worrying about it. Nevertheless, what would you have done if the worst had happened? If you had slipped with that pair of clippers and then cut your hand from knuckle to knuckle? Of course, you would have gone to the emergency room, but then what? Would you suppose your employer is going to instantly stand up and then promise to pay all of your bills? If so, best of luck and I envy you! If not, read on.

The foremost thing to know in the event you are injured on the job is that there are laws in place to make certain you are not taken advantage of. Your boss can’t shrug his or her shoulders and say that you ought to have been more watchful. In contrast, except for in extremely precise circumstances, he or she is accountable for most of your expenses including workman’s compensation. There is a wide range of information on the world-wide-web about the different responsibilities of your boss in the unfortunate event you are injured.

There are many statutes and regulations concerning personal injury law. As the majority of us do not read legal books as a hobby, in the unfortunate event that you are hurt you may have to contact a personal injury lawyer. This educated expert can seek damages for you, which means you can focus on your healing. Even if you are well versed in the legal particulars, you will probably have no desire to sit in every discussion required to pursue compensation. Many personal injury attorneys work on a percentage basis, so if they can not recover your damages they do not get paid.

Now, this is all well and good, but more than likely the person reading this is in excellent health and has not been injured at their job. That is good, needless to say, but how prepared are you if it does happen? Just like we do our best to put aside money for a rainy day, we should be ready for other circumstances too. You and your family should look for a good personal injury lawyer before you are injured. That way, all you need to do is rest and get better, and let your attorney do the work for you.

Good luck, and stay safe!

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The very first thing you must do if you happen to be in a car accident is to keep a record of the accident. You have to make sure that you swap driver details with the other parties that are involved in the accident. This includes insurance, license plate numbers, and driver’s information. Ensure that you know the other party’s insurance company details. Try and obtain a police report of the car accident from the police if they are called on to the scene.

Having documented the accident and exchanged particulars with the other side, it’s best to subsequently speak to your insurance company. They need to be informed in order to go through the process of having an insurance claim processed. Familiarize yourself with the exact stipulations of your insurance policy. After contacting your insurance company you should visit a medical professional. You’ll want to have a health check-up to find out if you have any problems. It is vital that you obtain a doctor’s report if you have received any personal injuries due to the accident.

There may be a spinal cord injury as well. This may cause partial paralysis or nerve damage and persistent pain. This can be very frightening in the event you suffer paralysis! How terrifying it would be to suffer from a spinal cord injury that causes paralysis. When you’ve suffered something severe like this, you should be able to obtain sizable compensation.

Drivers should get a copy of the police report of the car accident. Law enforcement agencies typically allow people concerned to obtain copies of their reports for insurance purposes. Then, policyholders should be aware of the limit of their car insurer’s protection. The company’s fine print and conditions come into play at this point and being very aware of what they are saying is essential for any car accident insurance claim to be successful.

The insurance firm will most definitely offer you a settlement which can often be very low in comparison with the amount you really deserve. Take your time to think about just how much the settlement should be valued at. You can solicit the services of an independent insurance advisor as they will be able to offer you a figure once they have gone through your documents and therefore they will provide you with the right estimate of what you should be compensated.

Car insurance relies on the principle that it’s bought by a policyholder who hopes to never even use it. Insurance offers significant protection to a car owner who understands the risks which are present when on the road as a driver. In a way, it gives policyholders a feeling of security. Should an accident occur, a car accident insurance claim performs a crucial function in the recovery process of the victims. An insurance plan would insure a large amount, if not the total amount, of medical bills as well as repair costs. Some insurance policies even insure loss of revenue or even the destruction of personal objects. Insurance gives injured individuals one less thing to fret about after a car crash.

You can start your pursuit right now for accident insurance claim plus car injury claim advice. Call our Law Firm today for a free no-obligation consultation.

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Have you been injured, but are hesitant to discuss it with a personal injury lawyer because you do not have any money? Choosing a personal injury attorney mostly isn’t as expensive as working with other sorts of lawyers. Here are many tips to remember as you interview as well as talk with accidental injuries law firms:

Initial Consultations Are 100 % Free

Personal injuries lawyers do not bill you for the chance to discuss your case. You may enter, explain what occurred, as well as converse the pros and cons of your situation, as well as how much the lawyer thinks your case may be worth and just how much time it might take to get compensation.

Law Suits Are Undertaken “On Contingency”

Car accident law firms will generally take your case on what is known as a “contingency fee basis.” You aren’t required to pay for any attorney’s charges until you recover against the party at fault or their insurance firm. When there is no recovery in your case, you do not pay any lawyer’s charges. In the event you do arrive at a settlement, the attorney then charges a share of your overall compensation for attorney’s fees.

The exact contingency portion you will be billed differs from one location to another and from one sort of suit to another. Percentages sometimes vary according to how much of a recovery danger the law firm thinks the claim is.

If you cannot choose a law firm to take your personal damage suit on a contingency fee basis, some attorneys will pursue a lawsuit charging an hourly fee, invoiced monthly. The lawyer would be paid this amount no matter whether you are successful in collecting on your damage. However, be careful that failing to find a law firm to take your damage lawsuit on a contingency charge basis is generally a sign that you do not have a very good claim.

Whatever payment structure both you and your lawyer agree with, there are costs that are incurred in following a lawsuit that should be paid for.

Getting Your Expenses Paid As You Go

Personal injury attorneys generally pay the expense of putting together your lawful claim, such as:

Copies of police records
Medical records
Office expenses such as copying
Deposition fees
Court submitting fees
Investigator fees
Expert witness fees

The lawyer pays these expenses as they crop up, after this you reimburse the attorney for these charges from your payout. It is obviously a risk on the attorney’s part, so it is a good sign that the lawyer considers you have a strong lawsuit. In some lawsuits in some states in America, a law firm might agree not to request reimbursement in case your claim does not produce a settlement.

It is important in case you make an agreement with a law firm to advance expenditures which you know how and when the expenses will be paid back. Commonly, a lawyer’s contingency fee is dependant on the gross settlement sum, prior to charges are subtracted.

It is regarded as illegal in some states in America for a lawyer to advance the charges of your medical care. Nevertheless, a great personal injury attorney may be able to assist you in finding resources of short-term financial loans if you cannot borrow from friends or relatives to pay your medical expenditures.

When You are Not Satisfied With Your Attorney

Individual injury litigation is often slow, and if you’ve been injured you’re likely to have financial demands to decide the case as soon as you can. For many individuals, this means discontentment and frustration with their attorney. If you’re worried about the improvement of your case, get an appointment to talk with your lawyer, and be honest regarding the level of your annoyance. Inquire specific queries about when you might anticipate seeing results, and what the lawyer sees as the holdups in a settlement.

If you are not happy with the replies you get from your law firm, there is nothing wrong with talking with another law firm for a “second opinion.” When you interview one more lawyer, listen very carefully to how the attorney responses your questions regarding how he or she might deal with the case in a different way.

If you choose to switch law firms, you will want the new law firm to contact your current attorney to make the arrangements. Your current attorney is not permitted to do anything whatsoever for transferring the case which can harm your case. The lawyers will work out the details of the record transfer, as well as manage any financial agreements that must be made. If as well as how much you’ll owe your present law firm would depend on:

How far you’ve advanced in your case
How much work your current attorney has put in
State laws
In a few states, law firms are permitted by law to put a lien on your court file for the money you owe them when switching lawyers, with the lien to be paid for when the claim settles.

Transparent correspondence is the key to working with your attorney. If you are interacting, your law firm will know what your anticipations are and can keep you updated in the process. Cooperating with your law firm is the simplest way to ensure that your personal injury suit will be successful.

For help with all kinds of personal accident injury, call our Law Firm. A car accident attorney could get you the compensation you deserve. Contact us today for a free preliminary consultation.

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Most people don’t get a car accident attorney when they had a car accidents. If someone is injured in an accident and someone else is at fault, getting an attorney may be required in order to get a just settlement.

To do so, lots of things should be done such as submitting proof that will establish facts in regard to the negligence of the other party that resulted in such a mishap.

Arguing accident cases to obtain exactly what is desired is difficult. It doesn’t help that insurance companies attempt to avoid paying claims.

Many accident victims don’t have any idea on the precise amount of money that they may be in a position to acquire from the injuries suffered. Sometimes, with the use of relevant tools like an injury settlement calculator, they can perhaps obtain a rough amount on the financial value of a claim. The only downside is that the tool only determines the original calculation and cannot normally provide the final negotiation value. It seems too inappropriate to believe that by just merely using this tool, anyone can determine the real settlement value of a case. Actually, to be able to reap the greatest worth in settlement phrases, it takes more than a sheer calculating tool. It needs a more in-depth understanding when it comes to the subtleties of a specific accident case and an accident attorney will know several aspects such as injury evaluation, deciding the severity of the suffering and pain, focusing on how insurance companies work to their advantage and settlement discussion.

The lawyer and victim need to understand the complete process. Though the injured party may know the possible worth of the claim, they may be unfamiliar with the proceedings and the risks of obtaining the desired settlement value. Some people aren’t awarded compensation at all. Going through the process without an attorney can sometimes give insurance firms high hopes of winning the case. On the other hand, with the right knowledge and expertise, an attorney can provide a greater threat to the defending party and give a much better chance for a fair settlement from the claim.

Furthermore, attorneys can help take some cases to the court. Most claim cases don’t lead to trials. Bringing cases to the courtroom is costly and very time consuming and sometimes it requires years to finish. When negotiations don’t work, cases are brought into court. Typically, insurance companies don’t want to go to trial. Aside from the fact that a settlement would cost less, it can settle claims in less time. Car accident attorneys can be used as a bargaining piece to raise injury claims and perhaps bring a quicker finish to a trial.

In the end, the attorney knows the best approach for a case. While the consumer should know about the potential worth and methods about filing a claim, they also need to be sure they have the right attorney in order for the case to go in the client’s favor and to receive the right amount of compensation.

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There will always be car accidents as long as there are unperceptive, reckless and intoxicated drivers on the road. These mishaps result in serious injuries or in grave cases, death. Victims who do not know their rights and the legal procedure that follows are helpless in such a situation.

You can actually avoid many legal and financial problems if they hire a car accident attorney.

People should not panic immediately when they are in a car accident. They should always keep their cool to enable them to deal with the situation properly. Here are some tips you can share with friends and family should they get into an auto accident. Print it out and keep it in the glove compartment. It might come in useful when such an occasion comes up.

Make sure you get medical help

Make sure you and your passengers are okay. You should also see if there any passengers injured in the other car. Call 911 immediately if someone is injured in the accident. You should still seek medical help even if no one looks hurt. You might not know it but someone might actually be suffering from shock or undetected internal injury.

Exchange information with involved parties

Approach other individuals involved and exchange information. Take note, however, that you should not discuss the accident with them. Get their personal information such as their name, phone number, address, insurance coverage company as well as his or her policy number and insurance agent. Check to see if there are bystanders who saw the accident. Their testimony can be valuable if you and the other person disagree about what happened.

Be observant and look around for important details about the accident

You can actually help your car accident attorney by providing details about the scene. Take note of the license plate of the other driver in case he or she flees. Look around for witnesses and point them to the police. Demonstrate to them skid marks, car parts, broken glass, and more. These details are very important evidence for investigating car accident attorneys and police.

Take pictures of the landscape

A disposable camera in your glove department is advantageous for occasions such as these. You can even use your camera on your cell phone. Take photographs of the scene and destruction to all vehicles involved in the accident. Keep in mind that images can give a good account of what really happened.

Talk with police officers!

This really is one important rule for those involved in vehicle accidents. Tell the police officer exactly what happened. Wait for the results of the official investigation. You may be surprised to determine that you were not the cause of the accident after all.

Get a copy of the accident record

A report of the crash will be made following a thorough investigation. Check these documents for errors or omissions. Your lawyer can get this for you or you can request it yourself from the police.

Additionally, there are legal representatives who can help people involved in a motorcycle accident. Like car accident attorneys, a motorcycle accident attorney directs sufferers to the best intervention for their situation. A motorcycle accident lawyer can help victims retrieve compensation from the responsible party as well as provide aggressive representation in the courtroom hearings.

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