What to Do after a Car Accident

What to Do after a Car Accident

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Car accidents are no fun matter. Even the smallest collision can cause havoc in your life, whether it’s minor injuries or a hard hit to your insurance plan. Then there’s the expensive mechanics in your life to fix your car.

They’re just a headache. Unfortunately, car accidents can’t always be helped. With all this stress on your shoulders after an accident, you want what you can control to go smoothly.

That’s why it’s important to know the steps you should take after an accident before you find yourself in one. All these steps can help speed up the process later on down the road.

We’ll go over what to do after a car accident. Memorize these steps so you’ll be prepared in one of these events.

The Steps You Should Take after a Car Accident

Step # 1 Stay at the Scene of the Car Accident

Never, ever leave the scene of a car accident. It’s illegal and will cost you big time, even if you weren’t at fault for the car accident in the first place.

The smallest damage to your car is still damage due to a collision with another vehicle. It’s important to stop and find a solution to the problem.

Leaving the scene of an accident is referred to as a “hit and run.” These laws are different depending on the state you reside in.

But the general rule is that, if you leave the scene of an accident that caused damage to someone else’s property, you will be charged with a misdemeanor.

Also, if you leave the scene of an accident and someone was injured, you can be charged with a felony offense.

Plus, it’s just common courtesy.

Step # 2 Check Everyone Involved for any Injuries

First, you should check yourself for any injuries. Like they say on airplanes, you need to assist yourself first no matter what. If you’re hurt, you’re no help to anyone else.

Once you’ve checked and determined that you’re okay, you need to check on any passengers in your vehicle as well as the passengers in the other vehicle.

Anyone who’s not seriously hurt from the accident, including you, needs to be out of the respective vehicles and moved to the side of the road.

If your car is working properly, you’ll want to pull it to the side and out of the road too. If you can’t drive it out of the way but the hazards are working, just turn the hazards on. It can help prevent another collision with any other vehicles that might pass by.

If anyone is injured, you need to call 911. This will bring both an ambulance to help those hurt and the police to make a report of the incident.

Step # 3 Notify the Police

You need to call the police to make an official report about the accident. If the accident was minor, you and the others involved in the accident can meet up at the police station to make a report instead of waiting.

In some states, you’re required to notify the police otherwise you’ve broken the law.

The police report will document everything about the car accident in a report. You should always be honest with the police officers and answer any questions they might have about the accident. If you’re not sure or don’t remember, let them know.

The one thing you shouldn’t say to the others involved or to the police officer is that the car accident was your fault.

Everything’s happened so fast, that you can’t be sure of who is at fault. The police officers can determine that from witnesses and the facts of the accident—not to mention that, for any car insurance company you may go through, you’re under contractual obligation to not admit liability to any car accident.

To be on the safe side, you should ask the officer the best way to receive a copy of their report.

When making a claim through your insurance company or another, you may be required to produce a copy of the police report.

Step # 4 Gather the Driver of the Other Car’s Insurance Information

You and the other driver need to exchange your insurance information. You’ll need to exchange names, phone numbers, insurance company and their policy number, license plate numbers, the location of the accident, and make and model (and even color) of the other car.

Your insurance company will want all this information and so will their car insurance company.

Step # 5 Gather Other Information about the Car Accident

After you’ve obtained all the important information from the other driver, you’ll need to gather your own information on the car accident itself.

As stated earlier, you’re going to want to get a copy of the police report. Furthermore, you’ll want the officer’s name and badge number for your own peace of mind.

Next, you should talk to any witnesses of the car accident. Get their take on the incident and get all their contact information.

If it’s possible, take photos of the accident. This gives both insurance companies an idea of the damage done by the collision. If you’ve received any injuries from the accident, even if they seem minor, you should photograph those too for evidence.

Step # 6 File an Insurance Claim

After everything is said and done, it’s time to file your insurance claim. Most insurance policies require you to report the accident immediately.

If your insurance policy includes medical pay and you’ve been injured, get all the information you need to move forward with that.

Conclusion

Being involved in a car accident is stressful for everyone concerned. Gathering all the information you’ll need later on for your insurance claim at the scene of the accident will save you time and possibly save you from being blamed for an accident where you weren’t at fault.

How to Start a Class Action Lawsuit

How to Start a Class Action Lawsuit

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A class action lawsuit, also known as a class suit, or representative action, was developed in England back in the 13th century. Though class action cases faded out of existence in England, the tradition was kept alive in the United States.

When large corporations cause great harm to numerous people, such as consumer fraud, failure to pay a group of employees without good reason, plaintiffs can file for a claim. However, should a company cause a number of people to become sick, are injured, or even die, through a product or action,a civil action lawsuit is the next step. These claims are usually in unison (also known as a class of people). It makes court time easier instead of filing hundreds of individual lawsuits against the defendant. However, it may also involve the supreme court.

These types of lawsuits compensate the injured and protect others from being hurt by the same actions of the defendant in the future and ensure class action settlement.

Starting a class action lawsuit is a long and grueling process and may involve one law firm or several. But we’re going to go over the steps you need to take if you believe a class action is due.

Step # 1 Hire a Personal Injury Attorney

You can file a civil action lawsuit without a lawyer but they are requirements you must meet in order to do this. We advise against filing without an experienced lawyer to help you through the entire process.

You can find a great civil action lawyer through a database that each Bar association has.

You should call an attorney to assess your case. Most consultations are free. Once you give your attorney all the information required regarding the civil action, they will decide if you have a case that can make it.

Since you started the civil action lawsuit, you’ll be referred to as either the class representative, the lead plaintiff, or the named plaintifffor court purposes.

This is a big position to take on because you’re the one in the front fighting for the rest of the harmed.

Your duties include working with your attorney, notifying the others in the lawsuit of what’s happening, and you get to accept or reject any settlements offered.

Most lawyers with experience in personal injury and civil action lawsuits, do not require payment until the lawsuit is won. So, instead of hourly fees, your lawyer will be entitled to a percent of the money won in court.

If the lawsuit doesn’t win, you won’t have to pay a dime.

Step # 2 Finding Other Victims

To file a civil action lawsuit, you need more than one person with an injury caused by the company or business in question.

There are different ways that your lawyer will utilize to help find others who’ve been wronged or harmed in any way.

The Internet is a great resource. Many people go to the Internet to discuss these exact things. Your lawyer might even run television ads to reach a larger portion of people.

If this is something that affects your neighborhood or town, go door to door. Put up flyers in stores. Get yourself out there.

All these victims deserve compensation as well. However, when you do contact them, they do have the choice to opt out of the civil action.

If they do choose to opt out of your lawsuit, they have the chance to file their own lawsuit against the offending company. Some potential plaintiffs might choose to opt out because their injuries are more severe and they can receive a bigger settlement if they file alone.

Step # 3 File a Complaint

Once you have the right lawyer and other victims that are ready to fight, it’s time to file a complaint against the company or entity. This particular document is known as a “class action complaint.”

Your lawyer will write up a formal draft with all the information regarding your lawsuit. This draft needs to be strong and lay an allegation out against the company.

This will include the facts regarding the lawsuit and how you and others have suffered because of this company’s negligence.

This suffering can be physical or emotional. This can also include any financial losses you’ve had to deal with as well.

Step # 4 The Company Will be Notified

Now that you’ve filed your complaint and a judge has approved it, the company you’re suing will be notified.

The company has about 30 days to reply to this lawsuit. In most cases, they will reply with a motion to dismiss. In other words, they’re trying to stop the case.

With a motion to dismiss, your attorney will write up a response to this motion. This will lead to a hearing.

Step # 5 Classification

Now, the laws regarding classification vary from state to state. Some states have a judge review your complaint and set the classification that way. Other states require you to file a motion to have your lawsuit classified.

If the company has brought a motion to dismiss forward, you and your attorney will head to a hearing with a judge. This is when the judge will decide if your lawsuit is going to be classified.

Once your civil action lawsuit is classified by a judge, you can move forward with the lawsuit. However, you’ll have to prove to the judge that the attorney you hired is the right person for your counsel.

You’ll have to notify potential class members. They still have a chance to opt out of the lawsuit. Once classified, this will help you find more plaintiffs for your lawsuit.

From here, you’ll have several procedural hearings, which is known as the pre-trial. The company might offer you a settlement.

If you deny the settlement, you’ll go to court.

If a judge denies classifying your lawsuit, your case is dropped.

Conclusion

Filing a civil action lawsuit can be tough. It may take years to settle the case. With the right lawyer, however, you can take on any negligent company.

You deserve your compensation so don’t be scared off by the time it takes to win one of these lawsuits. There’s always hope for the company to fix their wrongdoings.

The Basics of Tort Law

The Basics of Tort Law

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Tort law is civil law regarding when one person violates another. This violation against another can be physical, pain and suffering, or property damage. These laws decide if an individual is legally the cause of your accusations. It also ensures that the plaintiff receives monetary compensation for punitive damages from an individual who’s made life difficult.

Like most common law, tort liability and Tort laws and aren’t criminal laws. However, a tort against another can be a criminal offense. While criminal cases are used to discipline someone who carries out a criminal offense or through negligence, tort cases are used to discipline someone that’s made an offense toward another.

It’s important that you know the basics of tort law if you want to bring a civil claim against someone else.

The Four Elements of Tort Law

There are several elements that you need to make up a tort case between two people.

Duty of Care

In order to win a tort case, you have to prove that the other person (also known as tortfeasor) owed you a duty of care.

This duty involves taking all precautions to protect you from any type of harm. That harm isn’t limited to physical injuries or illnesses.

That could mean a manufacturer owes you a safe product when you purchase their products. They owe you that duty of care.

Breach of Duty of Care

Next, you have to prove that this individual breached their owed duty of care toward you.

So, say the product you bought that was built by this manufacturer (the defendant) went haywire and caused a personal injury (the plaintiff). By selling the product, they should have ensured that the product had no issues.

Causation

Now the causation of the incident needs to be proved. This means what caused the violation or harm toward you is proved.

The product you purchased from this manufacturer caused you an injury because it was improperly made. You need to prove that this specific product created your injuries or violation.

In other words, you wouldn’t have had the injury without using this product.

Injuries or Damage

Lastly, in a tort case, you need to prove in court that you did, indeed, receive injuries.

This product caused you to cut off a chunk of your finger. Medical records from your ER visit and further visits you’ve had can help you prove that you received an injury from the faulty product.

This is basically evidence that proves the injury of the plaintiff. Without some type of injury or violation, you wouldn’t be filing a civil case against the manufacturer or receive punitive damages.

The Four Main Types of Tort Cases

Tort law is a broad term for the civil laws from torts (or offenses against someone). There are numerous types and subtypes of torts, but we’re going to learn about the four major torts.

Intentional Torts

An intentional tort is, simply put, when the tortfeasor was out to hurt you or damage your property. They had clear intentions to violate or harm you. Most intentional torts are criminal offenses.

Your lawyer must show evidence that proves that the individual had intentions to hurt you. Sometimes, all your lawyer will have to prove is that the person should have known that the actions of their consequences would end up harming you in some way.

Examples of intentional torts include:

  • Assault
  • Battery
  • Conversion and theft
  • Defamation
  • False arrest
  • False imprisonment
  • Fraud
  • Harassment leading to emotional distress or harm
  • Invasion of privacy
  • Property damage
  • Trespassing

Negligent Torts

Negligent torts are when someone violates or harms you without intention. However, their actions are negligent or reckless, which ended up with you to pay for their choices.

Negligent tort is the most common form of tort and slips and falls are the most common type of negligent torts.

Examples of negligent tort include:

  • Bicycle accidents
  • Car accidents
  • Construction accidents
  • Falling objects
  • Medical malpractice
  • Motorcycle accidents
  • Pedestrian accidents
  • Slip and fall accidents
  • Truck accidents

Strict Liability Torts

Strict liability torts are when violation or damage is caused but it wasn’t due to any negligence nor was harm intended. But even without intention or negligence, there were harmful consequences.

Our example on the manufacturer sending out a faulty product fits into the strict liability category. The manufacturer didn’t want their product to cut off your finger and it wasn’t due to careless behavior.

It has to be proved that the manufacturer knew about the product defect before it was sent out to stores and customers.

To be able to bring a strict liability tort case, it first has to be proved that this company manufactured the product you purchased. Then, it has to be proved that the product was defective when you bought it.

Examples of strict liability torts include:

  • Animal bites and attacks from dangerous pets
  • Animal bites and attacks from wild animals owned by someone
  • Abnormally dangerous activities/ultrahazardous activities
  • Defective products
  • Transportation and storage of hazardous chemicals

Federal Tort

Federal tort laws are laws that allow you to file a tort case against the U.S. government. Now, it hasn’t always been as easy to bring these types of cases to civil court.

The Federal Tort Claims Act (FTCA) grants you permission to sue the federal government. When someone that’s working for and acting for the federal government violates or harms you, you can take this to court to receive deserved compensation.

In order to start a civil lawsuit against a federal employee or agency, you must first file an administrative claim with that specific federal agency within two years of the incident. You receive a response to your claim within six months.

If you don’t like the response, you have six months to file a tort lawsuit against the government.

Conclusion

Unfortunately, there are some bad eggs out there. Whether someone intentionally set out to harm you or it was due to their reckless behavior, you deserve compensation for the damage done.

It’s these situations that brought tort laws in place. And it’s these situations that deserve to be brought to civil court.

Need to Know about Mass Tort Law

Everything You Need to Know about Mass Tort Law

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Mass tort law is tricky but well worth the fight. Some companies and businesses breach a basic duty of care against large amounts of people. These torts can either be intentional or they can be unintentional.

These situations need to be remedied through litigation and need to be prevented in the future, so other people aren’t harmed, injured, or suffer wrongful death. Mass tort law is an important aspect of law that keeps businesses in check and ensures that personal injury is compensated for with a fair settlement.

That’s why, even as a plaintiff,with the backing of a law firm support form experienced mass tort attorneys, it’s important to know the difference between a class action lawsuit and a mass tort lawsuit as well as the different types of mass tort cases that come up in court.

The Difference Between a Class Action Lawsuit and Mass Tort Lawsuit

Class action lawsuits and mass tort litigation are often used interchangeably but they are, in fact, two different types of lawsuits.

Tort Law

Torts are when someone causes you harm or violates you. Torts can mean you’ve been hurt physically, mentally, or even that your property has been damaged by someone else.

Not all torts are criminal offenses, but there’s still justice that’s deserved. This time it’s in the form of monetary compensation for medical expenses and even pain and suffering you’ve gone through during this ordeal.

Mass Tort Law

Mass tort litigation is when a tortfeasor (someone who commits a tort) has injured several people. Instead of having several individual lawsuits, the victims combine forces against the offender.

During mass tort litigation, each person is treated as an individual fighting against the business. Each person has been harmed by this defendant, but the injuries might not be the same between the group of plaintiffs.

The plaintiffs in a mass tort litigation just go to court together, despite having different disputes with the defendant.

For example, a company dumped toxic waste in the river that a town gets its drinking water from. The company was trying to save some money by cutting legal and ethical corners, which made most of the town sick with different illnesses.

Mass tort cases haven’t been around that long. Lawyers started taking mass tort lawsuits to civil court in the ’60s, to fight for those injured in airplane crashes. These tort cases have only been around for about 50 years.

Class Action Law

Class action lawsuits are very similar to mass tort but there’s usually a bigger group of people who’ve acquired the exact same injury because of the defendant.

So, there’s only one lawsuit against the defendant, instead of several. But one person acts as the representative of the group.

Using our example earlier, let’s say that the toxic waste in the river caused a group of people to have the same type of illness. They could come together for a class action lawsuit in civil court.

Both class action lawsuits and mass tort lawsuits were created to cut down on the time spent in court against one defendant that’s being sued.

Common Types of Mass Tort Lawsuit

There are different types of mass tort lawsuits and each case is different. The main three types of mass tort include:

  • Consumer Product Claims: Consumer product claims are when a product is defective in some way. This defectiveness has caused harm to almost everyone who’s bought the product.
  • Environmental Claim: An environmental tort claim is when a company has contaminated the environment somehow. This can include oil spills or dumping hazardous chemicals into drinking water. These unsavory acts can cause illness or death, sometimes even decades to come.
  • Pharmaceutical Claim: A pharmaceutical claim is when a drug company has put medicine out to the public that causes serious life-altering side effects, including death.

Key Elements for a Mass Tort Lawsuit

Just like any other lawsuit, there are important factors that make up a lawsuit against a company or business that’s hurt numerous people.

These elements are imperative if you want to win your lawsuit.

These elements include:

  • Duty of Care: It must be proven that the defendant in your civil case owes you a duty of care. For example, say a pharmaceutical company releases an anti-depressant that causes those taking this medication to fall seriously ill or even die. The pharmaceutical company, by putting this medication out to the world, is supposed to give you a medication that helps you, not hurts you. That’s the company’s duty of care.
  • Breach of Duty of Care: Next, you have to prove that the duty of care was breached. The pharmaceutical company breached its duty of care by putting this medication out into the world.
  • Causation: For a successful lawsuit, there has to be a clear line of causation. This means you have to prove that the anti-depressant is what caused your sickness and that there couldn’t possibly be any other causes of this stated sickness.
  • Injuries: Now, you have to prove that your injuries or your sickness are real. This means you’ll have to have medical records. To add to causation, these medical records work best when your doctor has noted in your records that this specific anti-depressant is what’s making you sick.
  • Marketing: We’re going to throw marketing into this mix. Now, this may not be a key element in court but it’s just as important. If a lawyer has two clients come forward saying the anti-depressant made them ill, your lawyer is going to have to market this lawsuit. This can include television ads or billboard ads. These ads drive more victims of this company to your lawyer, making a stronger case.

Conclusion

Just like with any other tort lawsuit, mass lawsuits are important. These lawsuits not only gain compensation from those hurt by these companies, but it also ensures that these mistakes are fixed so no one else has to suffer due to negligence or loose morals.

What Is Mesothelioma

What Is Mesothelioma?

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Mesothelioma is cancer of the mesothelium, the thin layer of tissue that covers most of your internal organs. It’s caused by exposure to asbestos and usually doesn’t develop in mesothelioma patients until 20 to 50 years after exposure. Treatment, such as radiation therapy or chemotherapy, is available for asbestos-related diseases but because this is such aggressive cancer (especially lung cancer), it’s difficult to treat and very deadly.

Are There Different Types of Mesothelioma?

Yes, there are several different forms of mesothelioma, though some are fairly rare.

Malignant Pleural Mesothelioma

Malignant pleural mesothelioma is the most common form and affects the tissue surrounding the lungs of mesothelioma patients. Symptoms of mesothelioma can include chest pain or fluid in the chest cavity, coughing, shortness of breath, unexplained weight loss, and unusual lumps of tissue (a tumor) beneath the skin across your chest.

Peritoneal Mesothelioma

The peritoneum is the thin layer of tissue that surrounds the abdomen. Signs and symptoms of this form of mesothelioma include abdominal pain or swelling, unexpected weight loss, and nausea.

Rare Forms of Mesothelioma

Though rare, there are other forms of mesothelioma that affect the heart and testicles.

Pericardial mesothelioma affects the tissue around the heart and can cause chest pain and difficulty breathing. The tunica vaginalis is the thin tissue surrounding the testicles. This rare form of mesothelioma may present as swelling or a mass on one or both testicles.

What Does Mesothelioma Do to the Body?

Because this cancer grows primarily along the surface of the lungs, this disease can cause more pain for the patient than other types of cancer due to significant nerve innervation. Cancer also restricts the ability of the lungs to expand which can cause breathing difficulties. Nodules and tumors can also fill the pleural space between the lungs and the chest wall. While it can spread to lymph nodes surrounding the chest and into the lung tissue, it does not usually metastasize to other areas of the body.

Once diagnosed with mesothelioma, there aren’t any effective treatments for curing it. Treatment focuses on maintaining the quality of life for as long as possible by relieving pain and associated symptoms.

Is Mesothelioma Common?

Only around 3,000 new cases of mesothelioma are diagnosed every year. By comparison, there are 200,000 cases of lung cancer diagnosed every year.

Mesothelioma is now fairly rare; however, the rate of mesothelioma diagnoses increased significantly between the 1970s and early 1990s. This is likely due to significant changes in workplace safety to limit asbestos exposure. Sadly, long-term survival once diagnosed with this malignant disease is rare, even if the symptoms are spotted at the early stages.

Who Is at Risk for Mesothelioma?

Anyone who has ever been exposed to asbestos is at risk for mesothelioma. There are certain demographics that have a much higher risk of exposure.

A typical mesothelioma sufferer is male over 65 with a history of military or blue-collar work simply because these professions have an increased risk for asbestos exposure. Specific at-risk occupations include anyone who worked in construction, manufacturing, chemical refining, or shipbuilding.

Do You Have Any Legal Recourse if You’ve Been Diagnosed with Mesothelioma?

If you’ve been diagnosed with mesothelioma and you believe your asbestos exposure occurred in the workplace, you may be able to take legal action. Because this is such an aggressive form of cancer, it’s important to start looking into this option as soon after diagnosis as possible.

In order to prove that a former employer was negligent, a worker has to show that the employer was required to protect the worker from asbestos exposure but did not do so. They also have to show that this breach of duty caused harm to the worker.

OSHA requires that all employers monitor quality and provide proper protective equipment if asbestos is detected and limit the time workers are in areas where possible exposure can occur. A breach can occur in many ways, including:

  • Failing to properly monitor the air for asbestos
  • Not using proper ventilation systems in at-risk areas
  • Not providing personal monitoring devices to employees
  • Failing to limit the number of time workers spent in infected areas

If a lawyer is able to prove negligence, the financial settlement can be quite substantial. Some settlements cover lost wages from time away from work, pain and suffering, and a decreased in quality of life due to the injury. Proving negligence can be difficult, though. It’s not always easy to prove asbestos exposure.

Choosing the Right Attorney

If you decide to seek damages, it’s best to choose an attorney that specializes in mesothelioma to help you through the process.

Your lawyer will help determine who is responsible for your asbestos exposure and decide where to file your lawsuit. Then, they’ll file a written complaint with the court on your behalf to get the process started. There are specific rules for these cases which is why it’s so important to use an attorney experienced in mesothelioma claims.

Each party named as a defendant will be given a defined period of time to respond, usually about 30 days. Because 20 to 50 years can pass between exposure and diagnosis, it’s often hard to locate the company responsible for the exposure so this step might take some time. It’s also for this reason that a lot of defendants won’t admit fault.

If no settlement is reached between you and the defendants, the case proceeds to discovery where lawyers on both sides gather as much useful information as possible. This can include your medical history, work history, and personal life. The case then proceeds to trial.

Sometimes, defendants will offer a settlement before or even during the court proceedings. Your attorney will negotiate for you but, ultimately, you’ll need to decide whether to take the settlement or go ahead with the trial. If you do go to trial and you win, the defendant has a limited amount of time to appeal. If they win in the appeals court, they may not have to pay anything at all or they may end up paying less than the initial amount awarded by the court.

Don’t Wait

If you’re suffering from mesothelioma and believe a former employer is to blame, time is of the essence. This is an aggressive disease and the sooner you get the process started, the better.

Pleural Mesothelioma Causes

Pleural Mesothelioma Causes

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Exposure to asbestos and asbestos dust is the main cause of mesothelioma. In fact, the risk factors are extremely high with roughly eight out of 10 people diagnosed with pleural mesothelioma after being exposed to asbestos although it can take anywhere from 10 to 50 years for asbestos-related diseases to surface. Worse still, once diagnosed, many patients only have a five-year survival rate.

How does it happen? When asbestos fibers are inhaled through exposure to asbestos, they enter the lungs and make their way through the small passages until they reach the pleura, the thin lining on the outside of the lungs. Here, they cause scarring and inflammation which can eventually spread causing malignant pleural mesothelioma and, even with diagnosis and treatment, can result in lung cancer and even death. 

Most people who are exposed to asbestos never develop mesothelioma but there are certain professions that are prone to lengthy and extended exposure that have a much greater chance of developing the disease.

What Is Asbestos?

Asbestos is a blanket term for a group of thin silicate fibers which are resistant to fire, heat, and electricity and is very effective at absorbing sound. These properties made asbestos a popular material for a lot of products and it was one of the most commonly used materials from the early 1900s through the 1970s.

Because asbestos is so durable and cost-effective, it was found in a wide range of products across many different industries. At one time, it was so prevalent it was found in an exceptional number of goods and products, including:

  • Cigarette filters
  • Cosmetics
  • Talcum powder
  • Textiles
  • Plastics
  • Adhesives
  • Roofing felt
  • Insulation
  • Brake pads
  • Clutches
  • Tiles
  • Cement

There are six different types of asbestos and these are broken down into two main families based on the shape of their fibers. Serpentine asbestos is the most common and got its name from its curly snake-like fibers. The other kind is amphibole asbestos which consists of thin needle-like fibers. Amphibole asbestos is the more dangerous of the two because the small fibers can really get into the tissue and can cause significant damage in a shorter amount of time.

Hazards of Asbestos

The main reason that asbestos is so hazardous is that it’s made of thin, microscopic fibers that can easily be inhaled. These fibers are so durable that your body can’t break them down or eliminate them so they get stuck to the lung tissue. Over time, these fibers eventually lead to scarring and inflammation which can eventually lead to tumor growth. This process can take anywhere from 10 to 50 years to develop making problems difficult to catch in the early stages.

Who Is Most at Risk from Asbestos Exposure?

Because asbestos was once so prominently used, it’s possible that anyone can face an exposure risk. These passing exposures generally aren’t a cause for concern.

There are several occupations, however, with an exponentially higher risk due to the long-term, regular exposure. They include construction workers, farmers, industrial workers, HVAC technicians, oil refinery workers, and hairdressers who are exposed to various chemicals and materials that contain asbestos. Military veterans are also at high risk as asbestos was commonly used in ships, aircraft, and other vehicles as well as training facilities and barracks.

Is Asbestos Exposure Still a Risk Today?

Although asbestos is no longer actively used in most products, it’s still used in one way or another is certain industries. Most people mistakenly believe that the substance has been banned in the United States but that’s not the case.

Though the Environmental Protection Agency (EPA) attempted to ban asbestos completely in 1989, the ban was overturned by the courts. The ruling said that the ban could only apply to new uses of the material. Those products that already had an established historical use of asbestos could continue to use it; however, all products could only contain 1% asbestos.

While the use of asbestos has sharply declined, there are some industries in which it’s still quite prevalent. One common use is in vehicle parts for cars, airplanes, helicopters, and ships including brake pads and clutches. This leaves mechanics susceptible to asbestos exposure even today.

Some constriction materials are also likely to have some amount of asbestos in them, too, though it’s unlikely to affect the people living and working in the structure as long as its properly contained. On the other hand, construction workers who work with these raw materials on a regular basis are at risk for exposure.

How to Cope with Exposure

If you suspect that you or a loved one has been exposed to asbestos, there are a few things you can do. One-time exposure might be nothing to worry about but if you feel that the exposure was long term and respiratory symptoms are developing, be sure to make an appointment with your doctor right away.

Because the effects of exposure can take so long to develop, it could be decades before any symptoms surface. Give your doctor as much information as possible. After some testing, possibly including a chest X-ray or a CT scan, your doctor will be able to determine if mesothelioma is the cause of any health changes.

When to Contact an Attorney

People diagnosed with mesothelioma usually have a pretty good chance of a substantial settlement. Usually, this is paid by the company that manufactured the product causing the exposure or a victim’s trust fund.

It’s very important to get a lawyer that specializes in mesothelioma cases because they’re not always straightforward. Because so much time passes between exposure and diagnosis, some companies fight back pretty hard and try to prove that the damage was caused by exposure from other employers or lifestyle choices.

Finding the Right Lawyer

It’s important to find an experienced, knowledgeable lawyer who you can work with. By the time the symptoms of mesothelioma develop, such as unexplained weight loss, abdominal pain, or lung disease, you may not be feeling very well and will have to rely on your attorney to do a lot of the work for you. For example, if the case goes to trial, you may not feel up to going to court or testifying as you may be going through chemotherapy so you need to know that you can trust your lawyer to do everything within their power to represent you.

Workplace-Injury-Lawyer

How a Workplace Injury Lawyer Fights for You

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Nobody wants to be injured at work. Likewise, nobody wishes for broken bones, bruises, or burns. But workplace accidents happen and these workplace accidents can lead to injuries. In fact, every seven seconds someone is injured on the workplace or on a job site in the U.S.

Even the seemingly small work injury can lead to chronic conditions down the road and a compensation claim may be in order. Injuries in the workplace can also lead to astronomical medical bills and lost wages since you can’t work until you’re healed.

You can file for workers’ comp but there are circumstances when you’ll be denied deserved compensation for a workplace injury.

So, when is a good time to hire a workplace injury lawyer or one of the many personal injury lawyers to help you with your workers’ compensation claim? We’re going to go over the importance of a lawyer when you’re suffering from a work injury.

When Should You Hire a Workplace Injury Lawyer?

Hiring a workplace injury lawyer or law firm to help you file receive compensation benefits isn’t necessary. However, it’s advised if you don’t understand all the rules and guidelines involved with the filing process.

There are several situations you may find yourself in when fighting your job’s workers’ compensation insurance that will require a workplace injury lawyer.

When Your Employer’s Insurance Company Is Fighting Against You

Most insurance companies are going to do anything they can to either award you a small amount for workers’ comp or denying you from receiving any compensation at all.

  • They might deny your claim. You usually get a response to your workers’ compensation claim within 21 days of filing it.

The insurance company can deny you for a variety of reasons, including if no one witnessed your workplace accident.

A lawyer can help you file your appeal. When you file for an appeal, you’ll end up disputing your denied claim at a hearing. Your lawyer will help you do the paperwork and gather evidence for your case.

  • They might dispute your permanent disability rating or partially permanent disability rating. Unfortunately, some workplace accidents can lead to permanent disability, meaning you’ll be facing hardship over your injury for the rest of your life.

Workplace Injury

The compensation you acquire is calculated into a permanent disability rating. Your employer’s insurance company may deny the rating your doctor gives you and require you to see one of their doctors.

Being paid by the company, this doctor isn’t on your side. This doctor may also try to get you back to work before you’re fully healed. If you don’t fight this rating with a lawyer, you’ll be stuck unable to pay all your medical bills nor will it cover much of your missed work.

A workplace injury lawyer can make sure you get the amount of compensation you deserve for your accident. Your capability to work has either made it difficult to continue working or stops you from working completely.

When You Have a Pre-Existing Condition

If you have a documented pre-existing condition or injury to your back and then your hurt your back at work, your employer’s insurance company will fight you before giving up any workers’ compensation benefits.

They will try to claim that your injury was there before and isn’t due to an accident that happened in the workplace. They’ll try to say that your pre-existing condition has been gradually getting worse.

When You’re Receiving Social Security Benefits

Since your workplace accident, you may have filed for Social Security Disability (SSDI)and you were approved.

Once your employer’s insurance company finds out about your additional benefits, they’re going to try to lower the amount of compensation you receive from them.

A workplace injury lawyer can ensure you receive your max benefits from both SSDI and workers’ compensation.

When Your Employer Doesn’t Carry Workers’ Compensation

Not all states require employers to purchase a workers’ compensation policy. So, when you’re injured at work and there’s no workers’ compensation, you can end up high and dry for your injuries and pain and suffering.

Without a workers’ compensation policy, your employer is open to being sued by you for compensation. A lawyer can fight your employer for you, so you can get what you deserve.

You can either sue your employer for not carrying a workers’ compensation policy or if your injury was due to negligence, you can file a personal injury claim against them as well.

You might settle out of court or you may have to go to court. In this case, you and your workplace injury lawyer will have to gather evidence to prove your claim.

When You are Fired After Being Injured at Work

It’s illegal and unfair to fire an employee after they’ve received an injury in the workplace. But that doesn’t stop some employers for taking this step.

Maybe you were fired after you started receiving benefits for your injury or you were fired for another reason. Your employer can’t stop you from receiving your compensation—but some employers will try.

A workplace injury lawyer will make sure you keep your compensation, even after you’ve been terminated.

When a Third Party Is Involved

If there was a third party involved in your workplace accident, you can sue the third party outside of the benefits you receive from workers’ compensation.

A workplace injury lawyer can help you receive that additional money from the third party.

These instances include:

  • If a co-worker was partially responsible for your workplace injury
  • If your workplace injury was due to your employer’s negligence, such as not keeping up with proper repairs around the job site
  • If a defective product is responsible for your workplace injury
  • If you develop illness from toxic substances in the workplace

Final Thoughts

After a workplace injury, you should never feel like you’re being failed by your employer or by your employer’s insurance company. That’s why hiring a workplace injury lawyer could be the best decision you ever made.

Recreational Boat Accidents and the Law

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In 2017, there was a fatality rate of 5.5 deaths for every 100,000 registered recreational boats (also known as pleasure boats) and sea vessels. Boating accidents can leave you with a serious injury or even prove fatal. More concerning is that fact that it would seem that the death rate from fatal boating accidents that includes recreational boaters is on the increase.

When you’re out sailing or in your boat fishing, you want to be able to feel free and safe. The last thing on your mind when boating is to end up in an accident. But they do happen and if you are not at fault, then you should be owed a fair share of compensation for any injuries, deaths, or even repairs needed for your vessel.

Therefore, we’re going to learn everything you need to know if you’re involved in a boating accident in your personal watercraft.

What to Do if You’re in a Recreational Boat Accident

Every boating accident is different because there are numerous ways to be involved. But the steps you take to receive the fair and correct compensation for your injuries or even the death of a loved one.

Seek Medical Care

Even if an injury seems minor, the first thing you should do is seek medical care. That way you can heal and receive all the medical attention you need for your situation. Sometimes, a small injury in the wrong area can lead to bigger problems down the line.

You’ll want to copies of all the medical records from your boat accident injury. These medical records can help your case.

Gather Information and Evidence

If the boat operator at fault carries insurance, you need to gather all the relevant information. However, not all states require a recreational boat owner to carry insurance, like you would with a car.

You’ll also want to gather the names and phone numbers of the boat operator as well as other passengers or any witnesses.

If possible, take photographs of the accident and of your injuries. These photographs may be useful evidence if you sue the boat operator.

Report the Accident

You should always report an accident to the U.S. Coast Guard. This creates a record of the incident that you can use in court.

Federal law requires you to report the accident if someone is killed, has been seriously injured, someone has disappeared at sea, or there’s major damage to one of the sea vessels.

Proving Negligence

In any accident, if you deserve compensation, you need to prove negligence. Negligence is who or what is at fault for the accident. This can be a boat operator or even equipment manufacturing companies.

The most common types of accidents due to negligence are:

  • Collision with another boat: When two recreational boats collide, the fault is usually that of both boat operators. However, one operator is usually more at fault than the other. An injured operator can bring a lawsuit forth against the other operator, or an injured passenger can bring a personal injury lawsuit against an operator.
  • Collision with a wave: In the case of a boat colliding with a wave, it can be hard to tell if the operator was negligent or the wave couldn’t be avoided. If you’ve received an injury due to the negligence of the operator, you can sue the operator for their negligent behavior.
  • Collision with rocks and land: Your injury could be due to a collision between the recreational boat you’re on and land or rocks in the water. It can be tough to prove an operator is liable for such an accident. It has to be proved that the operator could see it and could have made the decision to avoid these collisions. On the flip side, some of these boat accidents can’t be avoided due to lack of light or weather changes.
  • Collision with another boat’s wake: A wake is when s a big change in waves due to another boat speeding, regardless of knowing another vessel is near. This is considered negligence on the boat operator. Hitting a wake can cause injuries or worse, passengers can be thrown overboard and drown.
  • No or little required safety equipment: Federal laws dictate what safety equipment you should have on your recreational boat. For example, there needs to be a life jacket for every passenger on your vessel. If you end up in a boat accident, failure to have some of the required equipment can make rescue harder or even impossible. If you were a passenger on someone’s boat during your collision and the operator lacked safety equipment, you can sue if this leads to an injury.

Some states have either comparative negligence/fault (also known as contributory negligence laws).

These state laws state that, if you’re found at fault for the accident, you won’t be able to receive any compensation. Some state laws state that if you’re found to be somewhat at fault for the accident, you can only receive so much in compensation.

These laws apply to you when your boat accident happens in local ports or local channels. However, none of these state laws can override any applicable federal laws.

What You Need to Prove in Your Personal Injury Lawsuit

If the negligent person or company for your injuries doesn’t have proper boat insurance, you’ll need a personal injury lawyer.

After you and your lawyer has found whose negligence caused your injuries, you will also have to prove:

  • The boat operator owed you the duty of care
  • The boat operator’s negligent behavior was the cause of the boat accident
  • Your injury was caused by the accident and the operator’s negligence

Conclusion

If you’ve been injured in a boat accident or you’ve lost someone you love because of someone else’s negligence, you should absolutely seek legal help. Maritime injury cases are difficult and complex and you will need the help of a personal injury lawyer who specializes in maritime cases to help you.

You can get additional, specific legal guidance on your situation by filling out the boating / maritime accident questionnaire below, or chat online with a Laws 101 maritime law expert.

Proving Liability in an Auto Accident

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Thankfully, almost every car accident in the U.S. is just a minor accident, like fender benders. But even the most minor of accidents can lead to big bucks in damages to your vehicle. Whether you’re involved in small accidents or head-on collisions, if the fault is on the other driver, you’re owed compensation. If so, you may need the services of an auto accident attorney.

This money can help you cover the costs to repair your motor vehicle after a car crash or even cover any medical bills that have piled up from your injuries. Then there’s the pain and suffering this auto accident has caused you and your loved ones.

Negligent drivers need to pay for their lack of attention or crazy driving behavior. They need to take responsibility for the harm they’ve caused. But, to get the compensation you deserve, you need to prove liability or who caused the car accident because of their negligent driving.

We’ll go over these important ideas regarding the liability of the automobile accident and what you need to prove that the other driver was negligent or liable for your pain and money loss.

What You Need to Know about Liability in an Automobile Accident

Automobile Accident

Being in an auto accident is messy, chaotic, and even terrifying. But amidst this tragedy, if you’re not seriously harmed, you’re going to have to pull yourself together so you can fight for your deserved compensation.

Most motor vehicle accidents are easily avoidable and due to one of the driver’s negligence. If so, you have a motor vehicle accident that is caused partially by the other driver and by you.

There are many situations in which a driver or drivers are careless and the result is a frightening auto accident. So, how does liability work in this case?

No Doubt Liability

No Doubt Liability is when there’s no doubt or very little doubt of who the negligent driver is. These types of auto accidents include:

  • Rear End Collisions: Rear end collisions are when one driver runs into the back of another car. This is always the fault of the driver that rear-ends the other driver. While driving, you’re expected to leave a decent amount of space between you and the car in front of you. It’s suggested to leave room for another car in between you and the car in front of you. So, if they have to stop suddenly, there isn’t one of these accidents. They hit you so they’re liable for the damage done to your vehicle, even if you stopped quickly and without much warning.
  • Left Turn Accidents: Left turn accidents refer to when a car is making a left turn and collides with a car that was driving forward. The car making the turn is responsible for checking for oncoming traffic so they can avoid these types of auto accidents. There are a few exceptions such as when the car driving forward runs a red light or is speeding.
  • Traffic Violations: There are car accidents that result from one driver that’s obviously breaking traffic laws. The driver that is breaking a traffic law will always be at fault for the accident. Police reports help in situations such as these. If they gave any citations to the other driver for breaking a driving law, you can get a copy of the police report

Comparative and Contributory Fault

Comparative and contributory fault is when both drivers or multiple drivers are at fault for car accident cases. Each state follows one of these liability systems when there’s an auto accident.

  • Comparative Fault: Comparative fault determines how much each driver is at fault for the accident. If two drivers are at fault, one driver is usually more careless than the other. An investigation will determine the percentage of each driver’s fault. Both drivers can then receive some monetary compensation. The amount will be based on the cost of damages and how much they’re at fault. They can receive the percentage of the full damages.
  • Contributory Fault: Contributory fault is when you’re refused any compensation for your auto accident if you contributed at all to the collision—even if the other driver was much more at fault. Unfortunately, a few states still follow this idea of fault.

No-Fault Insurance

18 states require drivers to carry a “no fault” (also known as Personal Injury Protection) car insurance plan. This cuts down on court time over auto accidents and determines who’s liable for an accident.

Despite negligence and who’s at fault for an accident, each driver can be compensated.

However, these insurance plans limit you from the amount of medical expense money you receive as well as the amount you can receive from losing income or even funeral costs should there be a death.

When you receive compensation from your insurance company, this means you’re not allowed to ask for more money later for the pain and suffering that an accident has caused you.

This doesn’t mean you can’t bring a claim against the other driver if they were liable for the accident and your injuries are more severe than earlier suggested.

In order to step outside the no-fault system, however, there has to be a good reason.

Some of these reasons include:

  • You’re left with a full disability for at least 90 days caused by your injuries from the auto accident.
  • You have a permanent limitation of some part of your body or great limitation of some part of your body from the accident.
  • You’ve received serious disfigurement from the auto accident.

Conclusion

When you’re involved in an auto accident, liability is an important aspect. The more your lawyer knows about the details, the better they can defend you whether it’s against an insurance company or against the other driver in court.

The Truth about Auto Accident Attorneys

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In the U.S., there are over  37,000 deaths a year and 2.35 million Americans are injured or left disabled due to car accidents. Worse still, it seems as though accident cases are rising instead of falling. A car crash can cause grief, permanent injuries to accident victims, and serious damage to your vehicle.

When you’re in an auto accident that causes severe injuries or severe damage, trying to get compensation from the negligent driver’s insurance company might not be enough. They will fight against you at every turn and try to place the blame of the accident on you.

That’s why it’s extremely important to have an auto accident attorney, also known as an accident lawyer, to help you fight for your greatly deserved compensation, whether it’s through a tough insurance company or through a lawsuit against another driver.

We’re going to learn why hiring an experienced auto accident attorney will benefit you after a devastating car accident.

How a Car Accident Lawyer Can Help You

 

If you’re involved in any serious car accident that causes injuries, death, or serious car damage, you should hire an attorney as soon as possible.

Some states have a statute of limitations of when you can file an insurance claim or even a lawsuit against a neglectful or horrendous driver. For most states, you have two years to file a claim.

An experienced and dedicated auto accident lawyer will have knowledge of important laws pertaining to auto accident cases, including property damage, personal injury, and even wrongful death.

These types of attorneys can help you with every step towards receiving compensation for medical bills, lost wages, and your vehicle’s damages.

Auto Car Insurance

After an auto accident that was the fault of the other driver, the driver’s insurance adjuster will come to you within a week to discuss the accident and possibly make a car accident claim

These insurance companies don’t want to have to pay you fair compensation for an accident claim. They want to save the company money so, when they can, they’ll deny your ability to make a claim through their company or try to get you to settle for a much smaller amount than you truly deserve.

An insurance adjuster will attempt to get you to sign a release so you can receive a small amount of money but you can’t sue them later on if you feel you deserve more than you already received.

An attorney can be the mediator between you and the auto insurance company. They can use their knowledge to give you a supporting hand.

Investigation and Evidence

A dedicated auto accident attorney will take the time to gather evidence of the accident and evidence of any injuries you’ve sustained.

They might hire an accident reconstruction expert to reconstruct your auto accident. These experts can determine the details and the fault of the accident.

They will also gather photographs you took at the scene of the accident, the witness’ names and numbers, the police report, and even your medical records about your injuries. Anything that can prove you were hurt due to this accident.

Your attorney will have to request your medical records directly from the doctors that have treated you. In most cases, a doctor doesn’t record the cause of your injuries so then your lawyer will ask for a letter from your doctors that include these details.

All this evidence is gathered so they can prove who’s at fault for the accident. This, in turn, shows that the other driver was also at fault for your injuries and car damages.

This evidence will also help your accident lawyer find a base amount for the compensation you’re owed, from the cost of your medical bills and the cost of your car’s damage—not to mention the fact that it helps to put a price to the pain and suffering you’ve had to deal with because of this awful auto accident.

Negotiations

Next, your car accident lawyer will help with all monetary negotiations.

In most car insurance claims, the case is settled before actually going to court. Regardless of which, your lawyer will have a full case against them.

Either way, an experienced lawyer is going to negotiate an appropriate amount of money from the insurance company or the individual. A great attorney will get you the highest payout possible.

If all else fails, your car accident lawyer already has a case built against them so they will either file a lawsuit against the insurance company.

Filing a Lawsuit

Once a lawsuit is filed, the insurance company has only 30 days to come up with a response to the lawsuit, whether that’s to finally settle or to head before a judge.

Before the actual trial, there will be deposition of witnesses or experts so both sides can interview them. You’ll also be interviewed by the defendant.

These interrogations can get serious and detailed. Be ready for an abrasive interview from the other side. They’ll also demand you have medical documentation or even medical records from years before the accident.

Don’t be surprised if you find an investigator from the insurance company watching your every move outside of your home. They’ll be looking for anything that can discredit you in court.

Then, discovery will start. Discovery is when you’re able to retrieve important evidence that backs your claim from the defendant or even a third party.

Once that’s all said and done, you’ll go to court against the insurance company. Be aware that this entire legal process can take time until everything is settled.

Your car accident attorney will notify you of important dates and keep you informed of everything involving your case, including discussions between them and the insurance company.

Conclusion

An experienced and knowledgeable car accident attorney or law firm can make your claim. Without one and without the knowledge of the law, you can end up with either zero compensation or much less than you truly deserve for your terrifying accident.