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Why Do Personal Injury Lawyers Have a Bad Reputation?

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Pergavelsonal injury attorneys are often referred to as “ambulance chasers” and can be perceived as people who swoop in on injured parties after a traumatic incident before the injured parties have even gotten over the shock of the accident or his or her injuries.

Something that may not be so obvious to outsiders is how complex life can be after an injury is suffered. There will be medical diagnoses, doctor’s visits, the filing of many insurance claims, and the need of the patient to understand his or her rights in the situation.

A personal injury attorney can be there to help guide an injured party through the mazes of information and paperwork, all while helping an injured party make sure he or she is receiving all the help that he or she is entitled to.

What Makes Personal Injury Attorneys Different?

A typical attorney-client relationship requires the client to either pay a retainer up front, or be billed and make regular payments to the attorney, regardless of the outcome of his or her case. With personal injury attorneys, most do not receive any compensation unless the injured party is successful in settlement negotiations or receives a favorable ruling from the court.  

While we hope that you are never in a situation that you need a personal injury attorney, know that our attorneys at Young and Young are here to help you protect your rights. Contact our office for a free consultation to discuss your case. 

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How to Write an Injury Report

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If you or an employee is involved in a workplace injury, you may be required to write up an incident report. Though creating an incident report is not difficult, there are several steps that must be followed for the report to be complete.

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1. Find the Facts

First, you must determine the facts surrounding the injury. You will need to provide the date, time, and specific location of the injury. You will need to include the names, titles, and contact information for all employees who were involved in or witnessed the incident that led to the injury.

You must document the events leading up to the incident, as well as what the employee was doing right at the time of the incident. You must document the specific injuries sustained by the employee and any damage that was done to company property.

2. Determine the Sequence or Timeline

It is important to document in the report the sequence of events or timeline surrounding the incident that resulted in the injury. Your report must include the events immediately prior to the incident, what happened during the incident, as well as what occurred immediately after the incident.

3. Analyze and Provide Feedback

If you are required to prepare an injury report, you will often be responsible for advising as to the cause of the accident, as well as how future accidents can be prevented. Is there preventative maintenance that needs to happen? Is further employee training required? Your recommendations are required to help minimize the chances of future injuries.

No matter what your connection to the incident, whether you suffered the injury or are simply required to document the injury of an employee, contact the attorneys at Young and Young for a free consultation regarding your rights and responsibilities.

 

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Bicycle Accidents – Who is At Fault?

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While many bicycle riders fear being involved in an accident with a vehicle, thankfully, accidents between a car and a bicycle are rare occurrences. More often than not, cyclists are involved in solo accidents where the cyclists encounters hazardous road conditions or some other defect in the road or trail.

Should you be in an accident with a car, though, it is important to remember an important thing. Accidents between vehicles and cyclists are the result of someone’s negligence and how much a cyclist is able to recover for his or her injuries is based on how much negligence can be proven.

What Should You Do When You Are in an Accident?

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Do not discuss fault. Even if a driver gets out of his car and immediately apologizes and claims responsibility, he or she may not repeat that information to law enforcement or to the insurance company. It is important to immediately call 911 to report the accident and let the authorities handle making an accident report.

Do review the accident report that is prepared by law enforcement. The report should contain the driver’s statement, your statement, and the statement of any witnesses who were present. If the responding officer decides to ticket the driver, that information should also be included in the accident report. The accident report is an important piece of evidence that you need to have available to you when you attempt to negotiate with the insurance company or present your case to a court.

Do seek immediate medical attention. Even if you don’t feel like you have suffered any major injuries, make sure you are checked out by a physician and have your injuries documented.

Do not attempt to repair your bike or any other items you had with you at the time of the accident. Make sure to take photographs of any damage you or your property received.

Do not attempt to negotiate with an insurance company until after you have discussed your case with an attorney. You need to fully understand your legal rights before you enter into any agreements and sign away any of your rights.

Our attorneys at Young and Young are here to help you. Contact our office for a free consultation.

 

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A Bicycle Accident Claim in 3 Simple Steps

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1. Take Action When the Accident Occurs

Always begin by calling 911. Even if you do not think you’ve suffered any injury, you need to report the accident to the authorities. Make sure you ask the responding officer for a police report number for your files.

Get the driver’s insurance information, including the company name, address, phone number, and the driver’s insurance policy number. Also make sure you get the driver’s contact information including his or her address and telephone number.

Do not discuss fault with the driver or any potential witnesses. Remember, anything you say can be used against you during settlement.

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2. Gather Evidence to Support Your Case

Take as many photographs as possible. You want to have photographic evidence of the area where your accident occurred, as well as photographs of any damage to your bicycle, and any injuries you suffered.

See if there are any witnesses to the accident, and point them to the responding officer to give a statement. If there are witnesses, get the witnesses’ names and contact information, including their address and phone number if they will provide that to you. Ask them what they saw at the time of the accident.

Take note of any hazardous road conditions. Take photographs of any broken pavement or other such impediments at the area of your accident.

3. Keep Good Notes and Follow-Up as Needed

Make sure to follow any instructions that you get from the police, as well as completing any medical treatment suggested by your doctor or other medical professionals. Make sure to keep documentation of your injuries and your treatment. You will need this information when discussing settlement terms with the driver’s insurance company.

If you are in an accident, contact our attorneys at Young and Young. We offer free consultations.

 

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How to Deal with Insurance Companies

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Once you file a personal injury claim with an insurance company, the insurance company will begin the investigation process in an attempt to move the case toward settlement.  Keep in mind that the insurance company will do a complete review of your case, but it is in the insurance company’s best interest to settle your case as cheaply as possible.

Investigation

The insurance company will do a comprehensive investigation of your case. The insurance adjuster will want to hear the account of the injury from you and any witnesses that may have been present. The adjuster will review all written accounts of the accident, including police reports and medical records. The adjuster will also review your earnings history, if you are making a claim for lost wages compensation.

Analysis and Determination of Settlement

pexels-photo-70292-largeAgain, keep in mind that it is in the insurance company’s best interest to settle a case as cheaply as possible. The insurance adjuster will review all of the information gathered in his or her investigation. The adjuster will try to come up with a value for your case based on the extent of your injuries and how your injuries will affect your future.

The other main portion of the case that the adjuster must consider is whether you, the injured, will be able to prove liability or negligence on the part of the insurance company’s client. If it is obvious that the insurance company’s client was negligent in some way and the adjuster feels like you have a fair shot at winning at trial, the adjuster will strive to settle the case as quickly as possible, even if the insurance company has to pay more than they had hoped.

Inconsistencies in the Story

Any inconsistencies in your story will be caught by the insurance adjuster. Remember that it is the goal of the insurance company to settle for as little as possible. If you lie about your injuries or the cause of your injuries, you will generally lose your personal injury case. If your witnesses lie, it hurts your chances of winning your case.

Similarly, if the defendant lies, especially to the police or to the court, your chances of winning your case increase.

If you have suffered a personal injury, you need to consult an attorney as quickly as possible. All of our experienced attorneys at Young & Young know exactly how to help you and handle you personal injury case. Contact our office for a free consultation.

Articles with this disclaimer may not represent the beliefs or core values of Young & Young. The above is simply a summary taken from the industry’s general community to help readers stay up-to-date on what people are talking about.

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When to Get a Lawyer Involved

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You may be asking yourself, “Do I even need a lawyer for my personal injury case?” Though many legal matters can be handled without the help of a lawyer, you may want to consider hiring a lawyer if you have major injuries or if you feel like you are not getting fair treatment from the insurance company.

What Cases Can You Handle Without a Lawyer?

pexels-photo-largeIf the settlement you are being offered by the insurance company is the maximum the defendant’s insurance policy will cover (for example, you’re being offered $500,000 and the defendant’s policy limit is $500,000) there is no reason to go to court. Even if you get a larger judgement or ruling in your favor, the insurance company will not have to pay above the policy limit and it is highly unlikely that you will be able to collect from the defendant.

If you live in a “no-fault” state which doesn’t allow you to sue unless your injuries are significant enough, there may not be a reason to hire an attorney. If you are not going to be able to collect damages, you do not necessarily need an attorney. Do your research and find out what your state allows.

What If My Injuries Are Minor?

You may not need an attorney if you just have minor injuries. Keep in mind, however, that minor injuries can become major ones.

Also, there are several different kinds of damages you can request and may be awarded. Even if you feel your injuries are minor, it may be in your best interest to hire an attorney who will be able to explain to you the different types of damages you are being offered or awarded.

What About My Insurance Company?

You may feel like you do not need to hire an attorney because you have an insurance company on your side or you are simply dealing with the defendant’s pexels-photo-65099-largeinsurance company. It is important to remember, though, that even your own insurance company is not looking out for your best interest. Instead, they are simply trying to settle the case as quickly as possible and get their job done.

Personal injury cases can be complicated. Even if you think that you do not need an attorney, you should speak to one to discuss your case as quickly as possible. Our attorneys at Young & Young have years and years of personal injury experience. Contact our office for a free consultation.

 

Articles with this disclaimer may not represent the beliefs or core values of Young & Young. The above is simply a summary taken from the industry’s general community to help readers stay up-to-date on what people are talking about.

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When to File a Government Negligence Suit

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When a government employee causes damage to you, whether that person be a police officer, a postal worker, a member of the forestry department, or any other government employee, it may be appropriate to file a government negligence suit. Filing suit against the United States’ Government can be a difficult and tricky procedure, especially since the Federal Tort Claims Act (FTCA) has very specific lists of limitations that must be adhered to.

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The FTCA is intended to provide monetary compensation for injuries “caused by the negligent or wrongful act or omission of any employee of the Government.” This can be deceiving though, as the list of limitations (for instance, only federal employees can be sued, not independent contractors hired by the United States’ Government) is long.

The timeline for an FTCA case is also different and, in some cases, longer. Some deadlines for responding to different portions of the case are six months!

Due to the processes and procedures for filing these types of suits being so complicated it can be overwhelming and cause you to not file a lawsuit. If you feel you have a case against the Government, it is in your best interest to hire an attorney to represent you. Whether you have slipped and fallen at the United States Post Office, or you feel you have suffered medical malpractice through the Veteran’s Affairs doctors, government negligence cases can provide you with the compensation you deserve.

Our attorneys at Young & Young are available to guide you through this sometimes long and complicated process of your government negligence suit. Contact our office for a free consultation.

 

Articles with this disclaimer may not represent the beliefs or core values of Young & Young. The above is simply a summary taken from the industry’s general community to help readers stay up-to-date on what people are talking about.

 

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Cars vs Bikes: Who’s Responsible?

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This article highlights the need for drivers to respect and be aware of cyclists. Often cyclists are the subject of unfair criticism. Yet, we as cyclists have just as much of a right to use roadways as vehicles. In fact, one could argue that we’re more responsible roadway users because we’re cutting carbon emissions. Regardless of which way you lean on the argument, when cyclists suffer personal injuries in an auto wreck, they’re usually also fighting with the insurance companies for fair compensation. Cyclists should chose an injury attorney who understands cycling rules, someone who can relate to their understanding of the rules of the road, and someone with experience beating insurance companies.

 

Learn how Young & Young can help cyclists who have been in an accident here

 

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What Is a Personal Injury Case?

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You may have a personal injury case if you or your property is injured or damaged by someone else. The damage may be caused by another person’s actions or another person’s failure to act. Either way, if the other party causes harm or injury, you may be able to collect compensation from him or her. Examples of personal injury cases include automobile accidents, medical malpractice, and others.

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What Happens If I File a Lawsuit After I Am Injured?

You become the plaintiff in the case, and the person who caused the harm becomes the defendant. Lawyers will become involved (both for each of you and for the insurance company that is involved) and then the case will either settle or go to trial.

What Happens If I Win My Case?

If you win your personal injury case, a judge or jury will award you “damages” (or monetary compensation for your injuries). Your damages may be collected from an insurance company or directly from the injuring party. You may be awarded damages based on lost income (if you were kept out of work due to your injury) or you may receive an award for your pain and suffering.

What Does It Mean to Settle My Case?

If you settle your case, you are choosing to accept an amount of money in exchange for dropping your lawsuit. When you settle your case, you will be required to sign documents absolving the other side from any future liability regarding the incident.

Do I Have to File My Lawsuit Within a Certain Amount of Time?

Yes, each state has specific time limits (called “statutes of limitations”) and your case must be filed within that time frame. Consult an attorney to determine what the statute of limitations is in your state.

Our attorneys at Young & Young have decades of experience handling personal injury cases. If you are looking for an attorney to help you with your personal injury case, then contact our office for a free consultation.

 

Articles with this disclaimer may not represent the beliefs or core values of Young & Young. The above is simply a summary taken from the industry’s general community to help readers stay up-to-date on what people are talking about.

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Tips for Appearing in Court

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Whether you are a party to a lawsuit or a witness for one of the parties, appearing in court can be a stressful situation. So, what do you need to know if you have to appear in court?

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Review the Details

Before you appear in court, take some time to remember the details around the incident. If times or distances you are testifying about are only estimates, make sure you say that they are only estimates. You don’t need to corroborate any other person’s testimony unless you came to the same conclusion on your own. Do not let other people put words into your mouth.

 

Speak Normally

 

Do not try to memorize your testimony. Review your notes, as discussed above, but do not try to make your testimony sound different than when you normally speak.

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Look Your Best

 

Dress well, but do not dress up too much or dress too casually. You want the judge and jury to see that you take the matter seriously and you do not want to let your appearance be a distraction.

 

Speak Clearly and Ask for Clarification as Needed

 

If you do not hear or understand a question, ask for the attorney to repeat the question. When you are presenting your response, make sure you speak clearly so the judge and jury can hear you.

 

Do Not Discuss the Case or Your Testimony Outside of the Courtroom

 

Reviewing your case with the attorney is important, but do not discuss your case outside of the courtroom or with anyone other than the attorney. You want to make sure the information you remember is accurate and you do not want anyone to cloud your memory.  

 

Tell the Truth and Do Not Exaggerate

 

If you do not remember something, simply say that you do not remember. If you do not know the answer to a question, just tell the attorney and the court that you do not know. You are not in court to speculate or provide commentary. Just recount what you saw and heard.

Our attorneys at Young and Young have decades of experience handling lawsuits and can help you prepare for your testimony at trial. Contact us for a free consultation

Articles with this disclaimer may not represent the beliefs or core values of Young & Young. The above is simply a summary taken from the industry’s general community to help readers stay up-to-date on what people are talking about.

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