Common Mistakes With Personal Injury Claims

Injuries can be life-changing, and if you suffer from a serious injury then you are within your rights to claim compensation for any loss of earnings, medical costs, and personal distress. If your loved one died a wrongful, you are entitled to file a lawsuit even with a comprehensive estate plan. Money won’t undo the injury or death, but it can make life that little bit easier to cope with.

There is no guarantee that when you make a personal injury claim it will have the outcome you would like, but if you are able to word your claim properly and follow the correct procedures then you will have a better chance of making a successful claim. Here are three common mistakes which could hinder your personal injury claims:

1 – Neglecting to Seek Medical Care

Often, claimants put too much emphasis on how the injury has affected their day to day life, but they do not consider medical care. They will see the doctor when they are first injured, but not get follow-up appointments.

While it can be tempting to “soldier on”, it is not going to help you make a claim. You will be asked to provide evidence of any treatment you have had, and you will be asked to show the stress, anxiety, and depression you are facing. Seeing a doctor about those things is important so that you can get the documentation you will be asked to show.

2 – Failing to Keep Good Records

When you first get injured, you may not be thinking clearly, but you should try to keep some records. Take a photo of the accident scene, and document your injuries. Keep a record of the symptoms you experience, and get a copy of any police records as well. It’s better to have more evidence than they want than to be found lacking when your claim is examined.

3 – Posting Too Much on Social Media

Social media is still relatively new to a lot of people, and there is a tendency to overshare. If you go to the courts and tell them that you are experiencing pain and anxiety that is impacting your day to day life, but your social media profile paints a different picture, that could impact on the claim.

Rather than run the risk of a social media post being misinterpreted, it is far better to simply avoid sharing any more than you need to. Ask friends to keep you out of their posts as well. A single photo doesn’t show what your life is like on an hour by hour basis, but the insurers will try to paint a full story with it. Don’t take that risk.

If you have been injured due to an accident that was no fault of your own, contact our personal injury lawyers for a consultation regarding your case. Remember, we don’t get paid unless we win your case!

How Wearable Technology Is Impacting Personal Injury Claims

Google and Fitbit announced that they would be teaming up to make wearable technology that will ultimately improve the quality of healthcare. According to the official press release distributed by the companies, Fitbit will have access to Google’s Cloud Healthcare API which will allow healthcare professionals access a patient’s electronic medical records in real time. Statistics from FitBit such as patient’s movement, heart rate,  and sleep patterns will be joined with Google’s EMR with the intention of helping healthcare professionals have as much information as possible to lead to more personalized treatments.

While ideal in theory, how much data can be stored, accessed and used are not fully available to the public. Nor is there a timeline on when this technology will be available to healthcare professionals but there are already many legal ramifications speculated.

One of the most likely scenarios is the impact on a personal injury plaintiff’s damages. A personal injury attorney will argue that the injury to his client has impacted them to the point of not being able to sleep, walk, or stand. Many insurance companies do not want to spend the resources to hire a third-party investigator to follow the client around. But with wearable technology now measuring distance walked and sleep duration, it will be easy to contest.

However, whether or not Google will provide this information outright without being subpoenaed is up for debate.

The Ethical Dilemma Behind Personal Injury Ads

When you think of personal injury ads, you think of cheesy late night commercials. Cellino and Barnes, probably two of the most famous lawyers in the country thanks to their late-night television ads and beyond catch jingle, would come on screen and talk about mesothelioma or vaginal mesh medical errors. But the world of television itself is diminishing as more and more people are watching their shows through their favorite online streaming service via their mobile device. And our beloved Cellino and Barnes broke up. However, the ingenuity of personal injury lawyers never ceases to amaze us. Leave it to personal injury lawyers to find a new way to reach their core audience.

Thanks to modern technology coupled Google’s search and display network, personal injury lawyers are now capable of targetting ads directly onto users mobile devices as specific locations such as Hospitals, Emergency Rooms, and Urgent Cares, all thanks to Google’s ability to target specific longitude and latitude coordinates also known as geofencing. Personal injury attorneys already have the bad reputation as ambulance chasers but no longer do they need to chase the ambulance. Here, their ads can appear directly to where the ambulances go – no chasing involved.

As unethical as this sounds, state bars have not banned this from happening and nor is this ad placement illegal. Due to location enabled on mobile devices, accessing this data doesn’t violate HIPAA. It’s not uncommon for platforms to use location data to serve ads. A prime example is SnapChat and location filters. But the jury is out on whether or not this strategy is effective in obtaining new clients. Hospitals have more than just people injured by negligence within their walls. Many of the ads will be served to nurses, doctors, and staff costing the lawyers tons of money with very little return. While an interesting idea, it’s just a theory that seems way too unethical for it be used.

These Are The Most Common Brain Injuries

Not only are brain injuries some of the most devastating and life-threatening that you can possibly endure, but they are also some of the scariest. No one wants to think that their mental faculties could be placed in jeopardy following an accident or because of some rare disease, and recovery can be painful or sometimes impossible. So what are some of the most common brain injuries? It probably won’t come as too big a surprise that getting hit in the head tops the list!

Concussions are perhaps the most common head injury, and they occur when an impact causes blood vessels to stretch or prevent nerves from carrying out their normal functions. Most often they’re caused by a blow to the head, but firearms can also result in similar cranial consequences. Concussions can be difficult to diagnose if symptoms aren’t obvious. It’s possible that someone who suffers a concussion might lose consciousness for a brief period of time. Even if you stay awake, you might feel dizzy or confused. Be sure to seek medical evaluation when you might have had a blow to the head.

Impacts can also result in contusions, which is simply bleeding in the brain. These don’t always require surgery, but larger ones need to be removed.

More serious, yet still common, brain injuries are caused by kinetic, mechanical impacts, such as when you are involved in a vehicular collision. A closed brain injury happens if your head undergoes a massive rush of moving forward or backward and then slows quickly. Think of whiplash. When you experience a closed brain injury, the brain tissue itself is smashed and stretched, which causes torn nerve tissue. These injuries can result in a wide array of symptoms depending on how bad the damage is and where it occurred in the brain.

Anoxic injuries occur when your brain doesn’t get enough oxygen. This may cause cell death to occur and symptoms vary. It can be caused by spending too much time underwater without access to air, drugs, chemicals, electric shock, or kidney failure.

Those are some of the most common, but “locked in syndrome” is one of the rarest conditions someone may have the misfortune to experience. It’s basically just what it sounds like: the person with the syndrome is conscious, but cannot move any part of the body outside of the eyes. Although this makes communication difficult, eye movements make it possible.

Because brain injuries can result in such grave injury, it’s important to be aware of the consequences to these injuries and know how best to avoid them depending on what you do day-to-day. Be careful to wear a seatbelt while in any vehicle, and wear a helmet during activities that should require one. Anything else is not worth the risk.

These Are The Most Common Spinal Cord Injuries

Spinal cord injuries can cause drastic damage to your ability to function day-to-day, but luckily it takes a huge impact to do that kind of damage to this body part. These injuries most frequently occur after a sudden, very strong impact. Many vehicular accidents resulting in spinal cord injuries due to the high speeds of either colliding vehicle or failing to wear a seatbelt.

Most spinal cord injuries are caused by situations that we can work to avoid, but some result from cancer, osteoporosis, arthritis and general inflammation from infection or unknown sources.

Sadly, alcohol use results in about twenty-five percent of all spinal cord injuries. When consuming alcohol, staying in control of your faculties is extremely important. When you lose the ability to function as you would normally, decision-making suffers as well and you may not be able to adequately respond as life-threatening situations arise.

About a tenth of all spinal cord injuries is caused by athletic activity such as contact sports. This subset of common injuries includes those who were injured after making a dive into water that was too shallow.

Another fifteen percent of these injuries occur after violent conflict. Although weapons are often at play, this isn’t always the case. Any violent confrontation can lead to unexpected injury. It’s important to keep your head clear when under social stress and learn to avoid these kinds of situations.

For the elderly, most spinal cord injuries are caused by falling–more than twenty-five percent.

An unfortunate side effect of spinal cord trauma often doesn’t occur until weeks after the initial accident. Internal bleeding can compromise functionality, as can inflammation, fluid accumulation, and swelling around the spinal cord. These conditions can be difficult to treat and often require surgery to repair if such a thing is possible at all.

After suffering a spinal cord injury, you might notice that your reaction time is slower in certain extremities or appendages. That because the nerve fibers that connect muscles and nerves may not work properly after the accident. Injuries at varying levels of the spinal cord can result in varying levels of function after an accident. You might lose the ability to sense or control your legs, bowel, bladder, torso, and sexual functionality. If the injury is higher along the vertebra, you might suffer from the immobility of your arms. In the worst case, you may have trouble breathing.

Spinal cord injuries are far from the most common, but they do occur and it’s best to learn about how to avoid them during your daily routine–especially if you have kids involved in contact sports or help care for the elderly or infirm, who need to be watched at all times.


Three Ridiculous Personal Injury Cases

Not everyone that files a personal injury lawsuit has a valid case. There are some personal injury cases that are downright ridiculous. These cases may seem too bizarre to believe, but they are completely real.

The Killer Whale Case

Most people would never try to get close to a creature like a killer whale. The word “killer” is more than enough to scare the average person off. However, in 1999, one man decided to sneak past security guards and dive into the killer whale tank at SeaWorld. This turned out to be a fatal mistake.

Unfortunately, the tale of this tragedy doesn’t end here. After the 27-year-old man passed away, his family filed a lawsuit against SeaWorld. In the suit, the family claimed that the park did not warn that the whales were capable of killing people. They claimed that the plush animals sold by the park were misleading. The lawsuit was eventually dropped without a settlement.

Injured By The Weatherman

Most people know that the weather forecast isn’t completely reliable. However, at least one person has gone so far as to file a personal injury lawsuit against a weatherman and his predictions.

While the weatherman predicted warm, sunny weather, it wound up raining heavily that day. A woman filed suit against the weatherman, claiming that his forecast caused her to dress inappropriately for the rainy weather. After she was caught in the rain, she wound up catching the flu and missing work.

Shockingly, this case wasn’t dismissed. Israeli courts awarded this woman $1,000 in damages. Now, weathermen in Isreal are a lot more cautious about the predictions that they make.

The Haunted House That Was Too Scary

When people go to a haunted house, they generally expect to be scared. However, one woman that visited the House of Horrors in Universal Studios thought that the scares were too much to handle. After she exited the attraction, she filed a lawsuit, claiming that she had sustained psychological trauma.

Unsurprisingly, the case was dismissed early on. The courts stated that anyone that visited an attraction called “The House of Horrors” should be prepared to be frightened. Since the woman chose to enter the haunted house, she did not have a valid personal injury claim.

While most personal injury cases are perfectly reasonable, there have been a few cases that are downright bizarre. There are people that will file a lawsuit over absolutely anything. Luckily, the majority of these cases get dismissed.

Who Is Responsible For Injuries Incurred From Mass Transit Accidents

Mass transit is one of the most important resources that we have. The mobility of people plays a huge role in the growth of our country and the sustenance of our development. Close to home, mobility is a key ingredient in our personal success. To have access to mass transport systems means that you are in a position to move to your place of work, schools, or any other place efficiently and cheaply.

However, even with all the benefits that these systems accord us, in certain instances, they endanger us. Case in point, instances of mass transit accidents. Incidents of accidents on transit systems are, unfortunately, quite common. Accidents such as collisions or slipping and falling are common among users of transit systems. Such accidents may lead to sprains, torn ligaments, lacerations, abrasions, back injuries, broken bones, scarring, brain concussions, and in worst cases they result to death.

When faced with such cases, you are entitled to compensation under the law. So, who is responsible for injuries that you get from a mass transit accident and by extension, is responsible for the compensation that you are entitled to.

To understand this matter, you need understand that the mass transit operators are charged with the duty to ensure the safety of the users. Under the federal and state laws, operators of all the mass transit system should take steps to negate the possibility of their clients suffering from any injury. Such operators include subway, ferries, trains, trolleys, water taxis, buses, and many others. These carriers, they should:

#1. Hire qualified personnel,
#2. Provide security, and
#3. Monitor, maintain and correct the vehicles they have and operate.
#4. Ensure the entry points and the exits are safe for passengers.

As such, the carrier of the particular transit system in which you get injured is therefore charged with the responsibility of the injuries incurred. This is especially when the result of the accident is due to the operator negligence or operator error. Therefore, when the operator fails to meet their responsibility in as far as operating the transit properly, they are held liable.

However, you should note that there is a statute of limitation on making claims for injuries resulting from a transit system. In many cases, the limitation is usually between one and five years. Additionally, if you have such claims, you should ensure you have good personal injury law firm as many of these operators have very good lawyers.

Plan Ahead In Case Of Injury On Vacation

Vacations are great. You can pack a bag, head off to some exotic location, and simply enjoy the rest and relaxation. Unfortunately, sometimes accidents happen. No one enjoys preparing for an accident, but it’s important that you plan ahead. Otherwise, you may find yourself in a situation where you’re severely injured and no help is coming.

Plan Ahead

The first thing to do is plan before you head on vacation. Make sure all of your insurance information is on hand and updated. Ensure that you have some way for people to find out who to contact if you get hurt. Don’t rely on being able to call for help yourself. You may not have that luxury.

It may also help to get a health exam. That way, you can know ahead of time if you have any issues that require extra care. Make sure to pack any first aid or medical equipment you may need, as well.

Lastly, make absolutely certain that you have a way to contact people for yourself. Don’t go off without a cell phone if you can help it. If you can’t, then make certain people know where you’re going, how long you’ll be gone, and what to do if you don’t show up when you’re supposed to.

When You Get Hurt

If the worst happens and you get hurt, don’t panic. It’s understandable to be worried, but keeping a clear head will help you plan much more easily.

First, assess the situation. How hurt are you? Where are you? Are you near civilization, or are you out in the wilderness? If you’re in a city, then the situation becomes easily solved. Simply call the emergency line available to you. Someone will send help and hopefully, you won’t have to worry about further injury.

However, if you’re out in the wilderness, it’s not as clean cut. This is why you need proper first aid for yourself. If you have the equipment you need to tend your wounds, you’ll have a much better chance of making it back to civilization.

And of course, make sure you’re able to explain to the doctor what happened and how to help. If you’re in an area where you don’t speak the native language, try to have someone who can speak the language with you. At the very least, have them on the phone. That way, you can make sure the doctors know what you need and how to help.

Getting Hurt At Work: Who’s At Fault?

Getting hurt is never a good thing and if you get hurt at work, you might be wondering what your next steps should be. You are probably wondering who is at fault. Is it you? Or your employer? In most cases, your employer is at fault and you can get your medical bills paid and any expenses paid that are the result of the injury.

Sometimes you don’t have any protection for your injuries sustained on the job. If you are an independent contractor or railroad worker, you are going to have to take care of your injuries yourself. You could also on the hook for your own expenses if you were very negligent on the job or blatantly ignored safety rules. Your employer could actually sue you in this case.

In the vast majority of cases, your employer is going to be at fault and your expenses are going to be paid for through workers’ compensation insurance. Work related injuries happen on the job and they are the result of carrying out your job duties. If you cut yourself with a knife on your lunch break in the cafeteria, that injury would not be considered to be job related.

Your employer is required to carry workers’ compensation insurance to cover claims and you can file a claim for benefits if you are injured. Sometimes employers don’t have this coverage and if you are injured and your employer doesn’t have insurance, you can sue your employer. If you do end up suing your employer, you are going to be eligible for compensation for your injuries, loss of income, pain and suffering and any other financial concern that is related to your injuries.

Sometimes you get injured and you think you are fine, but you start to experience problems months or years down the road. If these injuries are work related, you will want to see a lawyer and see what your case is worth. You might find that you have a case that is worth quite a bit of money and that your employer is liable for your injuries.

Getting hurt at work is stressful, but in most cases your injuries are going to be covered by your employer. If they aren’t, you should see a lawyer to see if you have a legal claim against your employer so you can get your medical bills paid.

Can I Seek And Get Compensation For Dog Bite Injuries?

The harrowing experience of being bitten by a dog is extremely distressing. The physical injuries of a dog bite, resulting in skin tears, punctures, and or laceration are bad enough. However, such injuries can lead to infections with a particular risk of suffering from rabies when bitten by a rabid dog. So, can you make claims when you are bitten by a dog that is not yours?

There is no straightforward answer to this question. Seeking and actually receiving claims is highly dependent on the particulars of each case. The extent of the injuries notwithstanding, some people receive compensation while others do not. And when the injuries are considered, the value of compensation varies greatly (even when the extent of the injuries are the same). We will explore the issue of receiving compensation the determination of the amount of compensation to be received from dog bite injuries.

Making a successful claim depends on obtaining and providing ample evidence that the dog’s owner knew that the dog was dangerous and prone to attacking people. Alternatively, you should provide evidence that the dog owner should have known that the dog was dangerous and a danger to other people. To make a solid case or compensation, you should find out whether the dog had previously attacked someone. If so, this will build your case. There are some states that do not ascribe to the one-free-bite rule and all and any dog bite cases are treated the same. However, if you are bitten while trespassing, you will not be allowed to receive your compensation even when you are bitten in the owner’s property.

Type Of Compensation Emanating From Dog Bite Injuries

There are several claims that you can make as a result of dog bite injuries. They include:

#1. Medical Bills: The most obvious claim to make is compensation for medical bills. Such compensation covers the cost of any medication, doctor consultation services, physical therapy, counselors, and compensation for any other complication.

#2. Income Lost: This compensation is due to any lost income owing to the inability to engage in economic activities to derive an income as a result of the bite while recuperating or even after (especially when there a loss of earning capacity).

#3. Loss Of Service: This is compensation that spouses of close family members receive owning to their life being affected due to the injuries suffered by the bitten individuals. Only some states allow for such claims to be made.

#4. Pain And Suffering: This is compensation received due to eh pain and suffering. The amount received varies from state to state and from case to case.