Showing posts with label Accident. Show all posts
Showing posts with label Accident. Show all posts

Monday, April 12, 2010

Car Crash Checklist - How to React Once Car Accident Occurs


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The thought of being trapped in a car crash make people scared. However, the fact is almost everybody experiences car accident at least once in lifetime. Even when you take all the precautionary measures and drive responsible, an irresponsible driver with handheld cell phone might come and hit your car.

It is often said that talking over cell phone while driving is more dangerous than drunk driving. Whatever is the reason behind the accident, the knit result is that you are in a mess. Once the accident happens you are supposed to carry out a list of tasks.

Since you cannot avoid accidents always, it is smart to learn what to do once car accident occurs. This would help you get out of the incident sooner. Let's check the points.

Inspect yourself and co-passengers

Even when you cannot feel pain, look at your hands, body, legs for any sort of injury. Call your co-passengers, if any, by their names and ask how they are feeling.

Try to get out of the car. Be careful with your steps. You should not injure others while moving out of the car. If anybody inside the car has fallen unconscious or is shouting in pain, chances are high that you would rush to get out of the car to extend him or her helping hand. While doing so, you might end up injuring others. Be slow but steady with your moves.

Moving the vehicle

If the spot of accident is a remote one and you cannot see anybody around, it's your call You know 911th to contact local police if you move the vehicle from the side. If you have a safe place, do not try to move your vehicle and wait to reach the police. However, if you need to move to create the vehicle for safety reasons or for road vehicles to block, then go ahead and move with the permission of local police.

When you call 911, responders may ask questions as if someoneinjured in the accident, the position of the vehicles and other similar stuffs. Do not forget to give them detailed information about where the accident spot is located as they may not track the location of the caller.

Collect relevant info

Talk to the other drivers involved in the accident. Note down their name, address, insurance information, car model and make, vehicle number, number of people inside the cars - simply collect as much information as you can. If The case comes to court, lawyers accident may request such information.

Talk to witnesses and gather their contact information if you notice that they were harassed.

However, while accepting in a conversation with others, is not your fault, even if it was your fault.

Once the police arrive, he would ask the licensing and registration. Keep these things ready. The police can also apply to insurance cards for passengers and injured to ask. Make sure you have allthe documents in place so that the entire episode is summed up quickly.

Doctor and Lawyer

Even when the injuries look not-much-serious, visit a doctor and get yourself and others checked. Finally, consult a personal injury lawyer to know how to get your damages compensated justly.

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Friday, March 12, 2010

Auto Accident Attorneys, Serious Injury, and Personal Injury Law in New York State


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Auto accident attorneys in New York State know there's something special about car accidents. Article 51 of the insurance Law says car crash victims have to show they have a serious injury before they can get any money for pain and suffering. What does this all mean?

It means very little when it comes to medical bills, lost wages, and some other relatively minor items. New York No-Fault law guarantees that the injured person will be compensated in these areas. The insurance company for the car you were in should pay for your medical expenses and lost wages. In nearly all cases you will not need a lawyer. While we are starting to see insurance companies unreasonably refuse to pay in some instances, this is still rare. Also, for most of these denials, the amount of money involved is not enough to justify the legal expense. We advise our clients when it comes to any No-Fault denials, and in cases where the problem is substantial, we do represent them. Usually we fight the denial in an arbitration.

The auto accident serious injury threshold is a compromise, in theory at least. Since routine expenses were covered by the personal injury protection line of insurance under No-Fault, liability expenses were supposed to be reduced on the bodily injury liability line. There could be a vigorous debate about whether this compromise was wise or fair, but someone else can write that article.

The standard for what is a serious injury is fairly complicated. There are several categories of serious injury. The most common that we see involve fractures, other injuries that cause a significant limitation, or a substantial amount of time out of work.

You would think the fracture category would be pretty straightforward. In most auto accident cases it is. But there are a few kinds of fractures where it's not so clear. Court decisions suggest that a fracture of a bone meets the criteria. Fractured cartilage normally will not qualify, and the same is true of a fractured organ. We had one case with a "liver fracture." Sounds odd, but that's what the doctors called it. The case settled so we never tested that in Court. The other issue is when is a fracture a fracture? A hairline fracture counts, but a "greenstick" fracture does not.

The significant limitation category has led to hundreds of cases discussing when a limitation is significant, and what the injured person has to prove to show it. The defendant's attorney will often move for summary judgment to dismiss the case. After having the injured person looked at by their own doctor in an independent medical examination (also known as an IME, and many of us dispute the use of the word "independent"), the defense attorney submits the expert's report which generally indicates the injured person is fully recovered. Then the plaintiff's auto accident attorney responds, usually with a report from the treating physician, describing the details of the injury and why it is, or was, significant. If the plaintiff's response is insufficient, the case often gets dismissed. To avoid this, the evidence must show that the injury was more than mild, minor or slight, and that this is connected to objective findings (like an abnormality on an X-ray or MRI, or in many cases a finding of spasm.

The category about being out of work is known among attorneys as the 90/180 category. This refers to the law which requires that the person be impaired from substantially all of their daily activities for 90 or more days out of the 180 days following the accident. Most of the time this means three months out of work in the six months after the accident happened. Responding to a motion, the plaintiff attorney must show, through medical evidence, that the person had to stay out of work for the three months, and that this was connected to objective medical findings.

For both of the latter two categories, we often win the motion by pointing out a key flaw in the IME. In most cases the IME doctor does not discuss much about the past problems and treatment. We argue that this means the defense did not meet their burden on their motion. They didn't show the Court that the limitation was not significant, or that the time out-of-work was inappropriate, because the IME doctor doesn't discuss those issues. In our experience, most judges understand this and keep the case alive.

There are other categories and a number of other complex issues that can come up in car accident cases involving the serious injury threshold, but that's a good start.

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Thursday, March 11, 2010

Chicago Car Accident Attorneys


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Those of us who have been involved in a car accident know how frustrating it is to deal with an insurance company. Some victims of car accidents are unable to obtain the compensation or fair settlement due him. In this situation, it is good to bank on Chicago car accident attorneys.

Why Hire Them?

In the U.S., car accidents happen every five seconds. In Chicago, car accidents happen day in and day out. Basically, car accidents are rampant. In fact, they happen so often that you can hardly find a person who has not been involved in a car accident.

But transportation is still a necessity. People spend most of their time on the road. You use cars to transport you from home to your place of work and vice-versa. You use them to visit your friends and relatives. You use them to visit a client or customer, run an errand, etc.

During the times that you are on the road, you are exposing yourself to the risks and dangers of transportation. Traveling may lead you to a situation where you can be hurt or injured. In the worst cases, you can even lose your life.

Experienced and skillful Chicago car accident attorneys can help you with your claim so that you can receive full and fair compensation for the losses, suffering and injuries you have endured.

Competent Chicago car accident attorneys advise their clients to document the names and addresses of the drivers, passengers and witnesses involved in the accident. When possible, the party involved in the accident must also get the names of the insurance companies and policy numbers of the persons accountable. Aside from these, victims are also advised to note the damages of the cars as well as the injuries and fatalities involved. A narration of how the accident happened is also material.

Negligence on the part of the other driver can be established by his recklessness, driving under the influence of alcohol or drugs and other factors. Be sure to get all the necessary details for your claim to be prosecuted easily and with favorable results.

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