What Happens If The Driver Who Hit You Has No Insurance?

If you are driving, and another driver hit you, this could be either an easy or a problematic situation. If they have insurance, you can trade information, and your insurance company will start working with their insurance company to get your car fixed. However, there will always be times when you are struck by another driver that does not have any insurance at all. When you are faced with this situation, you may wonder what you can do in order to not only get money from this other driver but also get your car repaired as quickly as possible. Here are the steps that you need to take if you are actually hit by another driver that does not have any type of car insurance.

Have A Police Report Filed

The first step is to make sure that the police are able to file a report. In that report, if they state that it is the fault of the other driver, this is information that you can use to your advantage. Official police reports will stand up in court, and it’s exactly what your insurance company is looking for. When you have a legal document which can provide them with evidence that the driver that hit you should pay for the damages because of their negligence, this is the first step of the process. If they do not have insurance, you will then need to file what is called a claim under uninsured motorist coverage.

What Is Uninsured Motorist Coverage?

This is something that you ought to be paying for with your own car insurance just in case this ever happens. It is a way of getting your vehicle repaired when the other person does not have insurance. If you do not have this particular policy, you can still file the claim, but this means your insurance rates are going to go up. You will have to pay the deductible, and then they can start the process of sending you the money so that you can have your car repaired.

File A Lawsuit Against The Other Driver

This is a very tricky situation, depending upon the amount of damage that was done. Sometimes it’s not even worth it. For example, if there is $1000 in damage that has been done, and you have to pay an attorney $300 an hour to prepare documents, and even more to represent you in court, you could end up paying more for the legal help then you would actually get back once the lawsuit is completed. Of course, you can ask for your attorney fees to be paid, but if you are suing somebody that virtually has no assets, the odds of getting any money at all is very slim. This is something you will have to discuss with your lawyer and based upon their assessment you can file or choose to simply deal with the fact that the other party was not insured.

What Are Your Rights Once You Have Been Injured By A Drunk Driver?

Drunk driving is a criminal offense in the United States. In fact, if the drunk driver is apprehended, they will be charged with driving while intoxicated (DWI) or driving under the influence (DUI). These criminal charges would be taken up separately from any civil charges filed against the driver. That means even if the driver is not convicted of any criminal charges, your personal injury lawyer can hold them liable for your injuries.

If you have been injured due to the actions of a drunk driver, their insurance company might contact you and offer a settlement. This settlement will compensate for your losses that include medical expenses, property damages, and lost wages, etc. In fact, you are not obligated to accept such an offer. The best thing is to consult an auto accident lawyer immediately. A professional auto accident lawyer will advise you whether or not to accept such an offer. They will inform you if the offered settlement is unjustly low. That is why it is important that you shouldn’t sign any insurance papers until you discuss the matter with a qualified and experienced auto accident lawyer.

If the settlement offered by the insurance company is too low, you have the right to file a civil lawsuit against the drunk driver. Your accident attorney has the right to name other defendants depending on the situation. Even if you have been hit by a drunk driver who doesn’t have adequate insurance or no insurance at all, you have the right to file a case against such a driver. Your injury lawyer will file a claim against a third party defendant or your insurance provider for compensation.

That’s why it is important that you consult a reliable auto accident attorney on the market. With a host of such lawyers out there, finding the right one is not easy. That’s where your extensive research becomes important. Check the reputation, experience, specialization, customer reviews, and fees of the candidate when choosing the best auto accident lawyer for your case.

In conclusion, drunk driving is a criminal offense in the United States. According to the Center for Disease Control and Prevention, every day, more than 28 people die in the US due to a drunk driving related accident.

Most Common Construction Zone Workplace Accidents

One of the most dangerous occupations that you can be in is the construction industry. It is a profession that can lead to many potential accidents. Although OSHA does its best to enforce safety and health regulations, there is no way that they can control what will occur. Many accidents are the result of negligence on the part of the owner of the company in charge of the construction project, whereas other incidents are simply part of the job. Things can happen that can lead to both small and large injuries, and even death, because of how dangerous the construction industry is.

What Are Common Causes Of Construction Accidents

Some of the most common accidents include falling from heights as a result of being on a scaffolding, a roof, or even a ladder. You can also be struck by objects that are being propelled, or that are falling from a greater height than the worker is currently at. It is possible to get stuck between materials or objects, and electrocution is also a possibility. Slip and fall accidents are also common, especially when working in conditions where precipitation is occurring. Collapsing excavation walls, and being injured with power tools are all potential reasons that construction workers can be injured.

How Can A Construction Worker Get Compensation For These Accidents?

Compensation can come in many forms. For example, if a worker has been injured, they typically file a Workmen’s Comp claim, allowing them to recover from their injuries and have all of their medical expenses paid. They will also be provided with money while they are unable to work, and this can be very expensive for a business. Sometimes employers will find a way to remove employees that are consistently getting injured. It is also possible that the injuries could be significant, causing permanent damage, forcing the employee to file a lawsuit for what has happened.

It is possible for construction workers to receive very large settlements for injuries they have sustained while working at a construction site. These cases are actually very easy to win if it can be shown that the employer was using unsafe strategies that led to the incident that caused the injury. Negligence of safety rules, or forgetting to do safety inspections, can also be in the favor of the injured construction worker. By contacting an attorney that works specifically with construction workers, it is possible that they may be able to get some type of compensation for the injuries they have sustained.

Is Spanking Considered To Be Child Abuse?

Spanking has been hotly debated by both parents and experts over the years. Some say that spanking is child abuse; others say that spanking is an effective form of discipline. Here’s what you need to know about the legality of spanking.

Is Spanking Illegal?

In the United States, it is legal to use mild physical force when disciplining a child. None of the 50 states have laws that expressly forbid spanking. However, many states have laws that restrict what a parent can and can’t do.

In Delaware, for example, Senate Bill 234 restricts parents from using discipline that causes physical pain to children. A light smack on the bottom should be fine, but hitting a child with more force may not be. Many other states restrict who is allowed to spank a child. In states like Mississippi, Arizona, and Pennsylvania, only parents or guardians are permitted to spank a child.

When Does Spanking Become Abusive?

In the majority of states, spanking is considered to be child abuse when excessive force is used. If a child is being bruised because of spankings, or if the child is being hit with an object, the spanking could be classified as abusive.

Most states frown on any type of spanking that causes injury to the child. Some states, like Arkansas, only permit spanking when it is done with an open palm. If you intend to spank your child, you need to be familiar with the laws in your state.

What Do The Experts Say?

Experts have conflicting opinions on spanking. While most child care experts do not classify mild spanking as abuse, few have found that spanking has a positive effect on children. Studies have shown that children that are spanked are more likely to defy their parents and develop anti-social behavior.

With that said, it is ultimately up to parents to decide the best way to discipline their children. It’s a good idea for parents to read up on the effects of spanking. Parents can decide how they would like to handle the discipline of their child.

Unless an excessive amount of force is used, spanking a child is not considered to be abusive. Parents are permitted to use a reasonable amount of force when they are disciplining their children.

However, spanking isn’t something that parents should take lightly. Every adult that intends to spank their child should be familiar with the laws in their state by consulting with a personal injury lawyer. Parents should make sure that their discipline techniques never cross the line.

More information about this was addressed in a TED talk:

What Really Is Product Liability?

Defective products cause thousands of injuries in the United States every year. That is where product liability laws come in handy. In fact, this field of law determines who should be responsible for defective products on the market. Such rules are quite different to ordinary injury laws. This makes it easier for the injured consumer to seek redress for the injuries caused due to defective products.

The manufacturer or seller is usually liable for selling a defective product to the final consumer. The responsibility lies with the sellers and manufacturers of the product. In fact, the law requires that a certain product meets the ordinary expectations of the consumer. A defective or dangerous product doesn’t fall into the category of meeting the ordinary expectations of the consumer.

Product liability claims are usually based on state laws, and there aren’t any federal liability laws. For a product liability claim to arise, the product needs to be sold in the marketplace at some point in time. In the past, a contractual relationship had to be established between the consumer and the supplier in order to file a claim for the defective product. That requirement no longer exists. In fact, the injured person doesn’t have to be the purchaser of the product. Any person who could have been injured by the defective product can file a claim. But the particular product should have been sold to someone in the first place. Liability of a defective product can rest with any party of the supply chain such as the manufacturer, the manufacturer of certain components required for the product, a third-party that installs or assembles the product, the wholesaler, or the retailer that sells the product to the final consumer.

For product liability to apply, the sale should take effect in the regular course of the retailer’s business. Hence, if you buy a defective product from a garage sale, you may not be able to claim for liability. There are three types of defects that an individual could file a claim for – such as design defects, manufacturing defects, and marketing defects.

If you are faced with defective product injury, you need to consult the right attorney to present your case. It will help you claim for such injuries.

The Most Common Surgical Errors

Mistakes made in the operating room don’t always involve taking off the wrong limb or slicing into an unintended organ. Many of the errors made can be the smallest acts of confusion, carelessness or even inexperience on the part of the surgeon or his operating crew.

Other times the fault may lie in insufficient resources or defective operating equipment. No matter the fault, however, all of these mishaps are preventable and if procedure and attention had been the priority they would have been.

Following are some of the most common surgical errors in modern hospitals according to many different law firms.

No. 1. — Foreign Objects in the Body.

There are countless instances where foreign objects are inadvertently left in the body of a patient. From gauze and pads to scalpels and clamps, surgeons have left all manner of materials in patients out of sheer negligence. This can result in extreme pain and serious infections. A simple medical checklist can prevent this from happening.

No. 2 — Wrong Patient

This can result from a variety of factors from no preoperative verification protocol to a serious miscommunication between surgeons and other doctors. The miscommunications can result in the removal of perfectly healthy organs and a whole slew of other situations where patients don’t get the treatment they were prescribed.

No. 3 — Wrong Side

While this seems the worst mistake in the book, it actually happens fairly regularly. This often involves surgery being performed on the incorrect lung, kidney or many worse instances. Then there is the poignant case of the man who had the wrong leg removed.

No. 4 — Anesthesia Errors

By far the most detrimental errors involve improper administration of anesthesia. Too much of this powerful drug can deprive the brain of oxygen this can result in rapid brain damage and death. If too little anesthesia is given it can cause the patient to awaken during the procedure and experience tremendous pain.

No. 5 — Nerve Damage

While your doctor is at work addressing a single health condition, it is quite possible to inadvertently cause another through carelessness. A small slip of the wrist and the scalpel’s edge can nick an artery, lung or nerve and lead to serious mishaps in the future.

According to ABC News, surgical errors happen more offten than we think:

While mistakes on the job can happen all the time, those with the lives of others in their hands should be held to much higher standards than most professions. Simple organization and attention to the procedure can avoid any of these common surgery errors.

Who Is Responsible For My Injury At An Amusement Park?

Sometimes the worst happens when we least expect it. One example of such a situation is when we’re injured on a visit to an amusement park or another facility that caters toward the entertainment of guests. If you pay to visit one of these facilities, who is responsible for your safety? Are your rights waived when money passes hands, or does the amusement park remain liable for any injury that results from the rides on its grounds? There are a few things that might determine the outcome of a lawsuit against an amusement park or similar facility.

First, you should know that although the amusement park has a basic responsibility to provide safe conditions for you and other guests, there is an assumption that you are either a responsible adult or a child accompanied by a responsible adult. That’s one reason why many amusement park rides require you to have an adult if you’re too young. The amusement park itself must provide the safest conditions possible to optimize this scenario. If you’re hurt at an amusement park, and that injury is the result of your own irresponsible actions, then it will be difficult or impossible to prove negligence on the part of the amusement park operators.

Accidents may happen for a number of other reasons, including a mechanical failure in the equipment or the improper operation by the person in control of the ride. Thousands of people are injured at amusement parks annually. Dozens have been killed over the past few decades. Because these injuries occur with some frequency, the safety of many rides is regulated by the U.S. government.

If the amusement park operators or third-party manufacturers are responsible for causing your injury, then you may file a personal injury claim and you should certainly retain the services of an attorney in order to discuss your legal options. Be sure you create records of any costs incurred, and take pictures of the injuries throughout your recovery.

What type of accident occurred? Sometimes, you might be involved in an accident that was caused when the park failed to notify you of a particular danger. In other circumstances, an employee may not have been properly trained to operate the equipment used during your accident. The staff may not have properly maintained a piece of equipment, allowing it to become defective and malfunction. In any case, you must prove negligence to recoup any damages.

In order to do this, you must find an experienced personal injury lawyer to investigate the claim. There are a number of laws involved, and this is not something you can hope to do alone.

Can I Sue For Wrongful Death If My Child Drowns In A Neighbor’s Pool?

The death of a child is a nightmare for anyone, especially if that child is your own. The stress inherent in that nightmare is understandably magnified if the death of the child is both someone else’s kid–and your fault. If your child drowns in someone else’s pool under any circumstances, then that means someone was likely negligent and liable for anything that happens on that property. A homeowner is responsible for ensuring the safety and security of their own pool, and so yes: you can sue for wrongful death if your child drowns in a neighbor’s pool. But is it as simple as that?

First of all, if you own a pool then be sure to keep it safe. Drowning ranks high on the list of causes for unintentional death, and you don’t want to contribute to such a sad and unreasonable statistic.

One of the factors that can either mitigate or complicate such a legal issue is the obvious circumstance of probable trespassing. Because the person in question is a child, however, this is less likely to complicate a lawsuit. Even so, if you intend to sue for wrongful death, then be prepared for counter-litigation depending on the circumstances. Your legal representation can help get you up to speed on any local or state laws that might apply in your situation, and prepare you for different outcomes, however likely they are to arise.

If someone did drown while trespassing, liability generally falls on the trespassing party unless the property owner knows that people frequently come onto the property. If this happens routinely, and a neighbor is aware that his or her pool is being used during these unauthorized visits, and they still don’t keep the grounds safe, then they may still be held liable.

If your child is a guest at a neighbor’s pool, it’s a very different story.

If there is an obvious danger, the neighbor is responsible for making any guest aware of it. Failure to do so can result in a claim of negligence. The neighbor is also responsible for repairing or fixing the conditions which make it unsafe. If your neighbor owns an above ground pool, and doesn’t put the ladder up, then your child may have climbed the ladder and stumbled in the pool. This is an example of negligence that you can use in court. In many cases, there is no requirement to prove negligence because the state laws override it.

No matter what, it’s important to know what your child is up to and where. If your child drowns in a neighbor’s pool, then you should retain the services of an experienced personal injury attorney to decide whether or not you have a wrongful death claim that can be filed.

Top Reasons For Boating Accidents

Boating accidents are hazardous because they occur on water. When cruising on water, it ‘s hard to save yourself or the other people on board especially when the accident is severe. Ensure you stay safe in water at all times. Understanding how these accidents occur and what causes them is a great way of learning how to avoid them and the fatalities that come along with them. Below are some of the reasons behind boating accidents.

Operator Inattention.

People operating boats are required to be alert at all times. This is important as it makes them aware of any impending conditions that might affect the proper cruising of the boat. It also puts them in a great position to react to changing conditions during the boat ride. The water sources are very unpredictable at times, and the information from the weather predictions are not entirely reliable.

Improper Lookouts.

The boat operators should always be on the lookout for impending hazards. Some of these hazards include icebergs or even sea creatures that come out of the water surface. Drivers should look out for these dangers and do the right things needed to avoid them and boating accidents.

Inexperience.

Operators need to be very experienced when boating. This experience does not entirely focus on the ability to ride the boat but also capacity to react to emergency conditions. Most accidents do not happen during the regular boating trips but when the unexpected happens and here is where experience is vital.

Overspeeding.

Speed is essential when boating. Riding at moderate speeds allows operators to have ample time to react to any unexpected event. Excessive speed can also lead to collisions with other boat and water vessels.

Impaired Operation.

Operators should be in their best health and mental condition so that they can make the right judgments. Impaired judgment due to health issues or abuse of alcohol and other drugs is a leading cause of boating accidents.

Equipment Failure.

It is essential to ensure the boats you ride in are properly maintained. The boat owner should conduct the necessary checks before letting out their boat into the sea.

Violation of Navigation Rules.

While on water, some set navigational rules govern how boats move around. It is essential to follow these rules as violating them often leads to crashes with other water vessels.

Weather.

People operating boats should always be wary of the weather conditions before setting out to sail. Ignoring the weather alerts is risky as storms, and other turbulent weather conditions can lead to accidents.

The above things are the leading causes of boating accidents. Always look out for them when boating as these accidents are always severe and often lead to loss of lives.

Different Types Of Traumatic Brain Injuries

The human brain is a pivotal organ in the body and is the engine that keeps everything running. A subtle change in balance can lead to severe concerns with one’s health and wellbeing.

The human brain is at its most fragile state after a traumatic incident has taken place. This can occur from physical impact, stroke, or a plethora of other health concerns. It’s important to understand how these brain injuries occur and what the treatment plan is after a physician completes their comprehensive diagnosis.

Types of Brain Injuries

A “brain injury” is an umbrella term used for various types of health concerns associated with the central organ. A physician will diagnose the patient based on the symptoms their showing and what the MRI/X-Ray displays. In general, there are countless paths a diagnosis can go and here is a list of traumatic brain injuries a patient can have.

1) Contusion
2) Concussion
3) Diffuse Axonal Injury
4) Coup-Contrecoup Injury
5) Anoxic Event
6) General Traumatic Brain Injury
7) Second Impact Syndrome
8) Shaken Baby Syndrome

How Do People Get Them?

A contusion or concussion can take place after physical trauma (i.e. hit to the head) takes place. It doesn’t have to be a major blow as it can also come from repetitive strikes (i.e. boxing, wrestling, MMA) to the head. The same applies to a Coup-Contrecoup Injury where the trauma takes place on opposite side of the impact.

Some cases will show patients have had a stroke and this can cause blood to accumulate in the brain. It is important for immediate action to be taken place when a stroke is involved.

Treatment

What is the treatment for patients showing signs of discomfort or severe brain-related symptoms?

A physician will run a set of tests to make sure they’re diagnosis is accurate especially when it involves the brain. They will go through these tests repeatedly to ensure everything is as expected. Once this is completed, they will set up a treatment plan.

General pain medications are provided in the short-term. However, in many cases, surgery is the most important step in the procedure to alleviate stress on the brain and remove excess blood that might have accumulated inside. This is completed by a trained brain surgeon.

With injuries of this nature, it is important to seek medical attention as soon as possible. Even if the symptoms are minimal at first, it is essential to get out in front of this before it starts to have a negative impact on the body and causes it to shut down.

Faster action can save lives especially with patients who have had a stroke. You should call 911 immediately and keep them awake. Do not let them go to sleep. Do not give them any medications, food or drinks. Also, do not drive them to the emergency room – let an EMT handle it.

If you have been in an auto related accident and suffered a concussion, you can speak with a car accident attorney to see if you are entitled to help to pay your medical bills and other expenses you have related to your injury.