Be careful how you use social media following an accident

Social media has become part of the fabric of our daily lives. Especially at a time when we’re feeling distant from even our next-door neighbors, the desire to reach out to others is particularly strong. Oversharing during these challenging times is easier than ever. However, if you were injured in an accident and are thinking about a personal injury claim, you should be extremely cautious with what you choose to post.

Many things can be open to interpretation

If your arm is in a cast, or if you have suffered burns or lacerations, it is visibly evident. But what about injuries that may not be so visible? Injuries to the back and neck or soft tissue injuries will not show up in your photos. You might be suffering from a back injury that makes movement painful. However, if you decide to take a skiing trip, an insurance representative or a jury will be likely to treat your claim with a healthy amount of skepticism.

Similar rules apply if you’re seeking damages for pain and suffering. You don’t have to shut yourself off from the world. However, if you’re claiming that an accident has had a major impact on your life, you should think twice about posting evidence of you and your friends having a night on the town. People’s perceptions can have a significant impact on your claim. It doesn’t matter if those perceptions don’t reflect the reality of your situation.

Think hard about what you’re posting

You should always consider what you’re putting out there for the world to see. That’s good advice for the estimated 70 percent of Americans who engage in some form of social media. However, this advice is especially important if you’re stating a claim for a personal injury. Do not post:

• Photos of your injuries
• Photos of the accident scene
• Any information concerning your medical condition or treatment
• Information involving your legal claims

One of the potential problems with social media is that it involves other people. You should ask your friends and family members to keep you out of posted photos until your case has been resolved. It can be difficult to make these demands on yourself, much less others. However, the last thing you want to do is to damage your case inadvertently.

Be careful how you use social media following an accident

Does bad weather lessen the blame for car accidents?

Winter weather presents its share of driving challenges. Often, driving can feel more like skating, albeit behind the wheel of a vehicle that weighs thousands of pounds. Given these challenges, does winter weather reduce liability for accidents?

Drivers owe one another a duty of care

When you get behind the wheel, you owe other vehicles and pedestrians a duty of care. This is legalese for paying attention. It’s expected that you will obey traffic signals and yield to those who have the right of way. When another driver travels well above the speed limit or views stop signs as optional, they violate this duty. If an accident happens, they may be negligent and held liable for their reckless actions.

But what if a driver is obeying the speed limit in the middle of a snow or ice storm, is unable to stop in time, and crashes into another vehicle or pedestrian? As long as they were obeying the speed limit, it’s not their fault, right?

The duty of care is not static. It may change depending on weather conditions. You should always be adjusting your driving habits in light of the weather. For the most part, speed limits are set for dry, clear conditions. Traveling at 65 mph when the roads are icy and you can’t see more than 100 feet ahead of you isn’t wise. In fact, it would probably be considered negligent if you caused an accident. Other precautions drivers should take in less than ideal driving conditions include:

• Using windshield wipers
• Turning on their headlights
• Using the proper tires for the season and road conditions
• Leaving plenty of distance between vehicles

It’s possible for a storm to come out of nowhere, providing you with no time to adjust, resulting in an accident. However, in general, a failure to take adequate precautions could be a significant factor in determining liability in a car accident case.

Does bad weather lessen the blame for car accidents?

Distracted driving has consequences

If you’ve been injured in a car accident, it’s important that you educate yourself on what determines whether or not a driver was distracted. In the state of New York, the law prohibits the driver of a vehicle from using any portable electronic devices. This includes holding an electronic device and sending, reading, composing, accessing, transmitting, browsing, saving, or accessing electronic data such as text messages, email, webpages or images.

Why distracted driving is dangerous

When operating a motor vehicle, there is a lot that you need to focus on. Other drivers, the road, weather conditions, the operation of your vehicle, and any kind of warning lights or signs.

Other factors that cause distracted driving

Over and above the legal definition, these activities can also cause a driver to become distracted:

• Eating while driving
• Talking to other passengers
• Fiddling with knobs/controls in the car
• Playing loud music
• Smoking
• Personal grooming (putting on makeup/shaving)
• Sleep deprivation

Distracted driving is on the rise. The proliferation of personal electronic devices has added a new dimension to the driver’s experience, and the ability to “stay connected” while on the go is actually turning out to be a detriment to safety. According to the National Highway Transportation Safety Administration 2,841 people died in 2018 due to distracted driving.

What you can do to stay safe

Make sure that you have minimized your distractions every time you get in your car. Turn down the radio, turn off your cell phone, and stay alert to changing road conditions and the actions of other drivers. If you have been injured in a car accident, it is in your best interests to contact an attorney.

Distracted driving has consequences

The 100 deadliest days and what parents of teen drivers can do

The roads around New York can be dangerous for drivers, especially inexperienced teen drivers. Drivers from the age 16 to 17 are three times likelier to be in a fatal crash than are adults.

Perhaps you or your teenage son or daughter was in an accident. Fortunately, there were no fatalities, but there are mounting medical bills to deal with as well as lost wages and pain and suffering. You may be able to file a personal injury claim if the losses cannot be covered by your own insurer.

Teen drivers and negligence

The other side may put up a strong defense, though, especially if it was your teen who was driving. Teens are notorious for being negligent or reckless drivers, and a recent Traffic Safety Culture Index from the AAA Foundation for Traffic Safety shows what unsafe actions are most common among them.

In the survey, 72% of respondents aged 16 to18 said they were unsafe drivers in the past 30 days. Of these, 87% mentioned speeding: 47% in a residential area and 40% on the freeway. This was followed by texting at 35% of respondents, running a red light at 32%, aggressive driving at 31% and drowsy driving at 25%. Seventeen percent admitted to not wearing their seat belt.

Preparing for the 100 deadliest days

Teen driving crash fatalities rise each year between Memorial Day and Labor Day: what safety experts call the “100 deadliest days.” Between 2008 and 2018, there were over 8,300 such fatalities during this period.

Parents are expected to encourage and instruct their teens so that they become safer drivers. AAA recommends having at least 50 hours of coaching sessions before the 100 deadliest days and setting up a parent-teen driving agreement.

A lawyer focusing on personal injury cases

Under this state’s personal injury law, you may be eligible for compensation even when you are partially at fault. Of course, the damages you recover will be proportioned to that degree of fault. By hiring a lawyer who focuses solely on personal injury cases, you may be able to seek out the maximum possible settlement.

The 100 deadliest days and what parents of teen drivers can do

How Much Can I Sue for a Dog Bite?

When it comes to a dog bite case, the dog owners will usually be held liable. This means they need to pay for your medical bills. In some extraordinary circumstances, the dog’s owner won’t have to cover these bills and might not be found responsible.
A dog owner is held responsible (sometimes called strictly liable) for injuries caused by their dog, but it is their homeowner’s insurance policy that will actually pay for your medical costs or emergency room visit.
How Much Can I Sue for a Dog Bite?
Not all dog attack cases will have severe injuries or equate to large monetary damages. Typically, larger monetary awards occur if an animal attack:

Leaves visible scarring or disfigurement (these cases can involve settlements over $100,000)

Results in permanent disability (these cases can involve settlements over $200,000)
Requires emergency medical attention
Requires surgery or extended medical care
Results in the need for mental health therapy focused on victims of dog bites (such as PTSD counseling)

On average, people can expect around $40,000 for a severe but typical dog bite injury, though it all depends on the actual injuries and financial damages suffered. An injury settlement or award will generally reimburse an injury victim for their medical bills, out-of-pocket expenses, lost wages, and other consequential damages.
If a person receives a settlement that includes reimbursement for medical bills, they may be required to pay back a health insurance company or pay outstanding medical bills (if any). Most of the money recovered will go to covering these medical bills.
Dog Bites in Small Claims Court
You can take your claim to small claims court without a lawyer ? but most counties/states cap small claims court settlements at $10,000 or less. If your injury is severe, or you think your medical bills will cost more, you may want to seek legal advice on filing a lawsuit.
Keep in mind: Small claims court requires you to prepare your case, present it, and take time off work to handle the research and court dates. For some people, paying an attorney to handle a dog bite liability case is cheaper in the long run, and an attorney tends to recover more money for you.
"Pain and Suffering" Compensation
Some people can also receive money for pain and suffering after a severe dog bite. Usually, this money (called "damages") for pain and suffering will depend on:

The severity of the injury
The extent to which the recovery and injury disrupted a person’s regular life

There is no standard payment amount for pain and suffering. Your settlement offer will list an amount of money, and your personal injury attorney will accept or negotiate the offer. You can always ask for more or say you will not accept the offer.
Should I Sue After a Dog Bites Me?
After being bitten by a dog, you may be very upset to the point where you may consider suing just to get back at the owner or because it feels like you should take action.
But you should consider the pros and cons of going to court. If you decide suing is the right choice, you should consider when to bring legal action and if it is worth your time.
A pet owner’s homeowners or renters insurance provides coverage for dog bites, but not everyone has this insurance. If the pet owner responsible for your injuries is uninsured and has no assets, there may be no way to actually collect a judgment or receive money. The decision not to sue for this reason, however, should be carefully evaluated with the help of a dog bite attorney.
Also, if you decide not to sue, you may wish to re-evaluate that decision down the road. Small injuries can become worse over time, or injuries might not show up until weeks later. In any case, it is a good idea to get a medical evaluation of your injury. Then, consider speaking with a lawyer.
A dog bite lawyer is the right person to evaluate the value of your dog bite lawsuit. In general, bigger injuries (or more traumatizing situations) mean larger monetary settlements.
But be warned, most injury claims must be brought within one or two years, depending on your state’s statute of limitations.

The post How Much Can I Sue for a Dog Bite?  appeared first on Rutberg Breslow Personal Injury Law.

How Much Can I Sue for a Dog Bite? 

Do You Need a Lawyer for a Workers’ Comp Case?

Many people wonder if they need a lawyer to get workers’ compensation after a work-related injury or illness. The best answer is: "It depends."
If you suffered a minor injury, have a good relationship with your employer, and you understand the workers’ comp process, then you may not need an attorney.
But if you suffered a serious injury or illness, or your employer is arguing that you are not entitled to benefits, you will likely want to contact an experienced workers’ comp lawyer who can help you stand up for your rights.
Can You Represent Yourself?
In some cases, workers can represent themselves in a workers’ comp case and reach a fair outcome. In order for that to be true, the following should apply:

Your injury is relatively minor, like a sprain, strain, or cut
You did not miss very much work (if any)
Your employer admits that your injury or illness is work-related
You do not have a related pre-existing injury or illness

If all of the above are true in your situation, you may be able to go through the workers’ comp process without a lawyer’s help. However, it’s still a good idea to meet with a workers’ comp lawyer who offers free consultations for guidance. The lawyer can give you an overview of the process and answer questions you may have.
In What Scenarios or Situations Should You Consult a Lawyer?
As stated above, it’s probably a good idea to meet with a workers’ comp lawyer who offers a free consultation no matter how straightforward your workers’ comp case may seem.
And you should hire a lawyer to help you with your workers’ comp case if there is anything that makes your situation more complex. Examples of issues that can complicate workers’ comp claims include:

Your employer doesn’t agree that your injury or illness is work-related, or your claim has already been denied
You get a settlement offer that does not include all of your lost wages or medical bills
You cannot return to work because of your condition, or your condition prevents you from doing the same job
You receive (or plan to receive) Social Security Disability benefits
There was a third-party or a co-worker who caused your accident, such as a negligent driver who hit you while you were driving a work vehicle
You believe you were treated unfairly or penalized at work because you filed a workers’ comp claim

Why Do People Hire Attorneys for Workers’ Comp?
Unfortunately, employers or their insurance providers often deny workers’ comp claims, even when they shouldn’t. Many people hire attorneys for workers’ comp claims to help them get fair compensation.
The Workers Compensation Research Institute (WCRI) wanted to find out more details about why injured workers hired attorneys, so they took a survey of 6,823 injured workers.
Interestingly, they found that most people with a workers’ comp case (71%) did not hire an attorney. Of the people who did hire an attorney for their workers’ comp case, most said they did so after feeling threatened ? either by their employer or by the workers’ comp process in general.
Surprisingly, almost half (46%) of those surveyed said they hired an attorney because they mistakenly believed their claims were denied, when in fact, their claims had not yet even entered the system.
Other factors that led injured workers to hire lawyers included the severe nature of their injuries, the size of the employer, the employee’s tenure with the company, and the employee’s age, according to the survey.
What Does a Worker’s Comp Lawyer Do?
You may be wondering what you can expect from a workers’ compensation attorney, if you decide to hire one. Here are tasks that workers’ comp attorneys handle for their clients:

Make sure all the correct forms are filed before deadlines
Communicate with the insurance provider on your behalf
Gather medical evidence that supports your claim
Negotiate a fair settlement with the insurance provider
Write a settlement agreement, protecting your rights
Attend a hearing on your behalf, if necessary

Many people find that it can be very difficult to go through the workers’ comp process alone in more complex cases, or cases involving serious injuries or illness. Workers’ comp attorneys offer guidance and fight for fair compensation for their clients.
How Much Does a Worker’s Comp Lawyer Cost?
Most workers’ comp attorneys work on a contingency fee basis. That means they are not paid until you receive a settlement. The fee charged depends on many factors, such as your geographic location and how experienced the attorney is. Many states have laws that cap the percentage workers’ comp attorneys can take at between 10% and 20%.
This is a good question to ask at your initial consultation with a workers’ comp attorney.

The post Do You Need a Lawyer for a Workers’ Comp Case?  appeared first on Rutberg Breslow Personal Injury Law.

Do You Need a Lawyer for a Workers’ Comp Case? 

Plaintiffs Look to D.C.’s ‘Lookback Window’ to Broaden Boy Scout Sex Abuse Suits

Many adults who try to achieve justice for being sexually abused as children discover too late that they’ve run out of time to file a claim.
In the legal system it’s known as a "statue of limitations," and it’s at the heart of a novel civil lawsuit that’s been filed in Washington, D.C. against the Boy Scouts of America. The suit’s eight plaintiffs, who contend that they were sexually abused when they were young Scouts, are seeking to get around the statutes of limitation in their own states by arguing that their case should be heard in the nation’s capital.
Why?
Because Washington, D.C. is where BSA was founded and incorporated, and because Washington has opened a two-year "lookback window" that gives victims a chance to bring claims that were previously barred by statutes of limitation.
In opening that window in 2019, Washington, D.C. joined 24 states in taking steps to give sexual-abuse victims greater opportunity to file claims. California, for instance, has opened a three-year window for potential claims regardless of age.
The eight plaintiffs are not from one of those states, so there’s not much they can do about the wrongs that may have been done to them long ago ? unless they can convince the U.S. District Court for the District of Columbia that all former Scouts have a right to sue due to BSA’s alleged physical location.
A group of lawyers called Abused in Scouting filed the case in federal district court in Washington, D.C. Jan. 6, saying they sought to hold BSA accountable for "covering up decades of organization-wide sex abuse."
?Plaintiffs should not be denied a remedy by the happenstance that they were abused as a child by a BSA scoutmaster or scout leader in a state without a window statute," their complaint reads.
In a press release issue Jan. 6, the lawyers group said that it now represents 1,551 men who claim to have been molested while they were in the Scouts.
Legal Challenges Facing the Plaintiffs
The plaintiffs, however, appear to have an uphill fight on their hands.
First, BSA’s national headquarters is in Irving, Texas; not Washington, D.C. Second, none of the plaintiffs live in D.C. Sexual-abuse cases are typically brought in areas where the incidents occurred.
Attorney Phil Cammarata, who represented Bill Clinton accuser Paula Jones and several Bill Cosby accusers, told the Washington Post that the plaintiffs in the Boy Scout case "might have a tough row to hoe."
"They would have to convince a court that somehow, although the act occurred outside of D.C., that the corporation is responsible for the act in D.C.," he told the Post.
The plaintiffs’ lawyers, however, argue that BSA should be held responsible in the D.C. court for abuse throughout the country because the federal charter from Congress makes Washington, D.C. it’s official home.
The charter requires BSA to deliver an annual report to Congress, and the lawyers argue that the organization has been negligent in not informing Congress that it had been "infiltrated by tens of thousands of pedophiles and that hundreds of thousands of Scouts have suffered sexual abuse. BSA withheld this horrific truth, all while marketing scouting as a safe and moral activity for kids."

The post Plaintiffs Look to D.C.’s ‘Lookback Window’ to Broaden Boy Scout Sex Abuse Suits  appeared first on Rutberg Breslow Personal Injury Law.

Plaintiffs Look to D.C.’s ‘Lookback Window’ to Broaden Boy Scout Sex Abuse Suits