Sunday, January 6, 2019

What's the cost of hiring a car accident attorney?

While every vehicle accident attorney determines individual billing practices, most personal injury lawyers charge clients on a contingency fee basis.

Under a contingency fee arrangement, attorneys agree to represent clients with the understanding that they'll only be compensated if cases are resolved in the clients' favor.

How Contingency Fee Arrangements Work

Contingency fees are so named because they're contingent upon the outcome of a legal case. An attorney who charges contingency fees will only be compensated if and when the client receives either a vehicle accident settlement, or a court judgement stemming from a personal injury lawsuit.

Unfortunately, the damage created by a vehicle accident always extends far beyond the injuries it causes. Car accident victims are often faced with rapidly rising medical bills, coupled with loss of income when their ailments prevent them from returning to work. Under these circumstances, most people are in no position to pay attorney fees out of pocket.

Contingency fee arrangements allow victims of car accidents to protect their rights by securing the representation they need at no upfront cost. These arrangements also give attorneys a powerful incentive to work hard to secure maximum compensation for their clients.

Once the lawyer successfully resolves the case, attorney fees are deducted from the settlement or court award. Costs associated with the case, such as filing fees and the expense of hiring expert witnesses, will also typically be charged against the accident victim’s compensation.

Receiving Compensation

If you were injured in a vehicle accident, you deserve compensation for property damage, medical bills, loss of income, and pain and suffering. A contingency fee attorney will fight to protect your rights and secure maximum compensation for the harm you’ve suffered.

The consultation is free, so you risk nothing by pursuing the compensation you need and deserve. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

 



What's the cost of hiring a car accident attorney?

Saturday, January 5, 2019

Trucking Accidents: What Is a Downtime Claim? 

Truck drivers may do work for large transportation companies and haul products or supplies for even larger manufacturing companies — but many of them own their own trucks. And if they’re in an accident that damages their truck, that can mean repair time that the driver isn’t out making money.
Drivers can, however, file what is known as a “downtime claim,” and get reimbursed for those losses from the insurance company for whoever was at fault in the accident. Here are more details on downtime claims, whether you might qualify, and how to file them.
Proving Your Damages
As noted above, certain states require insurers to compensate truck drivers for lost profits while their truck is being repaired, so long as the driver wasn’t at fault in the accident. But how do you calculate those profits, and how do you substantiate those calculations? You can look at your gross income over a period before the accident (as short as 90 days or as long as one year), and subtract expenses, like gas, tolls, maintenance, etc. Then, you can determine your daily net income by dividing that figure by the number of days you drove over the past period, then use that to determine your losses for each day your truck is out of commission.
Downtime claims will require some documentation, so be sure to keep track of:

Tax returns, invoices or billing statements, and profit and loss reports to prove prior income;
Accident reports, insurance settlements, and repair estimates and bills to prove loss following an accident; and
Any attempts to mitigate your damages.
Mitigating Your Damages
That last part is very important to any downtime claim. Along with the requirement that the person filing the downtime claim was not at fault for the accident, you are also required to mitigate your damages, which is legalese for minimizing your lost wages and profits while the truck is off the road. You may need to prove that you tried to rent a replacement truck, even if renting was too expensive or the type of truck you needed was unavailable. Essentially, you will need to demonstrate that nothing you did delayed the repair or replacement of your truck and that another replacement truck or rental was not possible or financially feasible during the time your truck was down.
From demonstrating your losses to mitigating your damages, downtime claims can be complicated. To make sure you’re fully compensated for the time you can’t drive, talk to an experienced truck accident lawyer about your downtime claim.

The post Trucking Accidents: What Is a Downtime Claim?  appeared first on Rutberg Breslow Personal Injury Law.



Trucking Accidents: What Is a Downtime Claim? 

Thursday, January 3, 2019

Car Accident Skull Fracture Injuries

Skull fractures after car accidentsThe skull, also known as the cranial bone, provides essential protection for the brain. While the skull is extremely strong, the compression force caused by a motor vehicle collision can be even stronger.

When this happens a break in the skull, or skull fracture, may be the result.

Types of Skull Fractures

There are a few common types of skull fractures, including:

  • Simple fracture. This occurs when the skull bone breaks but the skin remains intact.
  • Compound fracture. This involves loss of skin and splintering of the skull bone.
  • Penetrating fracture. This happens when a sharp object pierces the skull, damaging brain tissue.
  • Linear fracture. This is a break in the cranial bone, resembling a thin line.
  • Stellate fracture. This is comprised of multiple linear fractures radiating from the site of impact.
  • Basilar fracture. This is located at the base of the skull, with the potential to lead to a traumatic brain injury.
  • Depressed fracture. This is a break in the cranial bone, with a depression of the bone in the direction of the brain.

Vehicle Accident Skull Fracture Complications

When a driver’s head collides with the steering wheel, dashboard, door, windshield, or vehicle roof  during an accident, skull fractures may occur. These injuries can also happen when the crash victim is ejected from the vehicle and strikes the ground.

The primary danger caused by a broken skull isn’t the fracture itself, but the proximity of the skull to the brain. While minor fractures may heal without intervention or complications, serious fractures can be devastating. Skull fractures may cause brain damage and other complications, such as bruising, bleeding, and infection of the brain. These injuries can lead to loss of consciousness, confusion, memory lapses, and limb paralysis. These conditions can be either temporary or permanent, and surgery may be required.

You Deserve Compensation

If you’ve suffered a skull fracture due to a vehicle accident, you deserve compensation for medical bills, loss of income, and pain and suffering. You need an experienced vehicle accident attorney to protect your recovery and help you receive the compensation you deserve. To learn more, contact the law offices of Steve M. Lee, P.C., by using the form on this page.

 



Car Accident Skull Fracture Injuries

Georgia Karate Schools Sued for Sexual Abuse 

Following on the heels of a 2015 conviction for sexual child abuse, the survivor and her family are now suing the owners and staff of Pak’s Karate school where the sexual abuse took place.Thomas Ary, the Pak’s instructor found guilty of sexually assaulting a female student while at a Pak’s summer camp, is serving 19 years in jail for the offense. Ary is named in the suit as well as Song Ki Pak, “grandmaster” of Pak’s Karate, and Craig Peeples, former Pak’s Karate CEO, master black belt, and instructor. The negligence suit says claims the karate facilities “failed to implement even the most basic institutional safeguards” to protect students, which created an opportunity for sexual abuse to occur.

Pak’s Karate Allegedly Didn’t Even Background Check Instructors
A place such as Pak’s, offering lessons to children, is considered an invitee under the law. As such, owners and operators of the store are required to provide a certain duty of care to its students, including a safe sport environment. According to plaintiffs, the defendants didn’t provide this. They did not conduct background checks, nor have any employee training or formal policies in place regarding appropriate instructor-student interaction and behavior.The suit also claims that not only were there no policies in place to safeguard against sexual abuse, but that the environment actually created an opportunity for it, with only one instructor in charge of over 45 students.
Former CEO Accused of Multiple Acts of Sexual Child Abuse
Around the same time of Ary’s conviction, Peeples was being accused of sexually abusing seven former male students that were teens at the time of the abuse, almost 20 years prior. That suit accused Peeples of committing hundreds of acts of “ongoing and pervasive sexual abuse” against the students when they traveled and trained under Peeples. Though Peeples claimed his innocence, just one year prior, the local district attorney had felt there was enough evidence to investigate the accusations, including witnesses attesting to “multiple acts of sodomy, aggravated sodomy, aggravated child molestation, and sexual battery against multiple victims.” Ultimately, no charges were brought because the statute of limitations had expired. It’s possible such evidence could be used to establish negligence by Peeples.
If you or someone you love has been sexually abused and you are interested in filing a civil lawsuit to compensate for pain and suffering, contact a local sexual abuse attorney to discuss your case.

The post Georgia Karate Schools Sued for Sexual Abuse  appeared first on Rutberg Breslow Personal Injury Law.



Georgia Karate Schools Sued for Sexual Abuse 

Wednesday, January 2, 2019

Flashing Yellow Lights

Left-hand turns are dangerous. According to the National Highway Traffic Safety Administration, 36 percent of collisions occur at intersections. Left turns are the most common cause of these accidents.

Traditionally, circular green signals are utilized at intersections to inform drivers they must yield to oncoming traffic when turning left. However, flashing yellow arrow signals are gradually being phased in to replace them across the United States. These new signals are supposed to be safer and more efficient, but may confuse motorists unfamiliar with them.

How Flashing Yellow Arrows Work

Traditional green turn signals are being replaced with yellow ones in an effort to make turning safer. Many drivers automatically equate the color green with permission to go, regardless of whether there's oncoming traffic. A flashing yellow light, on the other hand, sends a clear warning to be careful.

Flashing yellow turn signals have a separate left-turn arrow, which flashes when drivers are permitted to turn. However, motorists are required to yield to oncoming traffic and pedestrians, only proceeding when there's sufficient space to turn safely. Once the flashing yellow arrow turns solid, a vehicle already in the intersection should complete the turn, but any cars not yet in the intersection should stop.

The Duty of Care

Drivers have a duty of care toward other motorists and pedestrians, and this includes a duty to yield to oncoming traffic. They also have a responsibility to understand and obey all traffic signals. When they fail to do so, they're guilty of negligence, and may be held liable for the property damage and injuries they cause.

If you were injured in a vehicle accident when another driver made an inappropriate turn, you deserve compensation for your property damage, medical bills, loss of income, and pain and suffering. To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.

 



Flashing Yellow Lights

Tuesday, January 1, 2019

If a holistic medical provider treats my car accident injuries, will this hurt my case?

While many vehicle accident victims seek treatment for their injuries from a traditional doctor, some people prefer to see a holistic medical provider. While you certainly need to pursue a treatment plan that you're comfortable with, only seeing a holistic practitioner could damage your case.

Holistic Medicine

Holistic medicine is a type of medical care that strives to address not only a patient's body, but also his mind, spirit, and emotions. Many forms of treatment, from conventional medicine to alternative therapies, may be used.

Some typical holistic medicine approaches, such as diet, exercise, and lifestyle changes, are also embraced by traditional doctors. Other common holistic treatments, such as homeopathy and intravenous vitamin supplementation, are definitely not. This is an important distinction, due to the potential impact of insurance company bias.

Nontraditional Medicine and Insurance Companies

Insurance companies generally have a strong prejudice in favor of traditional medical treatments performed by general practitioners, clinics, and hospitals. Conversely, they're typically biased against nontraditional options such as acupuncture, chiropractic, and physical therapy treatments.

The result is that medical bills issued by physicians, medical clinics, and hospitals are almost always accepted by insurance adjusters as a legitimate expense, while bills from non-physicians are often frowned upon.

Choosing a Medical Care Provider

If you've been hurt in a vehicle accident, nothing is more important than recovering from your injuries as quickly and completely as possible. To that end, you should of course choose health care practitioners you can trust to guide you on the road to recovery.

However, you should be aware that obtaining services from a non-physician may negatively impact your compensation due to insurance company bias. To combat this, you may wish to consider also visiting a traditional doctor.

An experienced vehicle accident attorney can help you review all of your treatment options. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

 



If a holistic medical provider treats my car accident injuries, will this hurt my case?

Monday, December 31, 2018

Asylum-Seeking Kids Win Class Action in Health Care Lawsuit 

The mental health of migrant children trumps the federal government shutdown, hands-down, according to a Los Angeles federal court judge. U.S. District Judge Dolly Gee certified the class of detained asylum-seeking migrant children requesting mental health aid, and firmly dismissed the government’s request to delay the suit until after the federal shutdown has ended.Noting that the judge can issue a court order forcing federal attorneys to work on this case, despite the shutdown, Gee proclaimed, “the prosecution of this action should not be further delayed because it concerns the health and welfare of minors in the custody of the Office of Refugee Resettlement.” The judge then required the administration to respond to the children’s claims by Jan. 9 and to discovery requests by Feb. 22.
Judge Issued Four Part Ruling
In Gee’s ruling, four orders were given. First, the federal government’s request for a continuance was denied. Second, the judge certified a class that currently contains five children with either mental disabilities, given psychotropic drugs without consent, detained for more than 30 days without notice, or blocked from being released to guardians. However, the class size is expected to reach into the hundreds. Third, the judge modified the class definition from the Americans with Disabilities Act to the Rehabilitation Act; the Rehabilitation Act requires class members to actually be denied service, whereas the ADA only requires that they could be denied service.Lastly, the judge denied the plaintiff’s request for immediate discovery, claiming that they hadn’t proven why it needs to start immediately, as opposed to the current schedule set. Judge Gee also stated that plaintiffs hadn’t clearly defined the scope of discovery.
Underlying Case Highlights Due Process Violations of Migrant Children and Their Mental Health
At issue in this case is the alleged constitutional due process violation of hundreds of migrant children that have been separated from their families while crossing the southern U.S. border, seeking asylum. Many of these children’s mental health have suffered while in detention with the U.S. Office of Refugee Resettlement, but instead of providing mental health care, many are just handed psychotropic drugs or left to linger.According to recent court rulings, all children must be reunited with their families within 30 days, however facilities are now claiming that these children can’t be released until they are mentally sound, or the family homes to which they are being released are capable of handling a child with mental health issues. Instead of 30 days to reunify, some of these plaintiffs have been separated over a year, with no end in sight because they are not being given mental health care.
If you know of a child that is suffering mental health issues due to refugee detainment, contact an immigration attorney. The child may be able to join this class action, potentially at no cost.

The post Asylum-Seeking Kids Win Class Action in Health Care Lawsuit  appeared first on Rutberg Breslow Personal Injury Law.



Asylum-Seeking Kids Win Class Action in Health Care Lawsuit