Auto Accident Attorney When and How to Use One

Auto Accident Attorney: When and How to Use One

Legal AssistantPersonal Injury Law, Personal Injury Lawyers Leave a Comment

If you’ve been involved in a car accident, you might be wondering whether or not you should contact an attorney. In most cases, the answer is yes. Car accidents can have a lot of consequences and it’s important to have an attorney or specialist car accident lawyer on your side to help you navigate them.

What Can a Car Accident Lawyer Do for Me?

After a motor vehicle accident, knowing when it’s necessary to hire a law firm or lawyer can be the determining factor as to whether or not you are found at fault or if you receive everything you’re owed from a legal case resolved in your favor.

If you’re involved in an auto accident with a fatality, serious injury, or a significant amount of damage, it’s even more important to have a lawyer on your side. In fact, you should refrain from signing anything or making any statements until you’ve consulted with an attorney.

It’s true that a lawyer can help reduce paperwork and process insurance claims but, in the right circumstances, they play a vital role in making sure your situation is resolved in the best way possible. Here are some things an auto accident attorney can do for you.

  • An attorney can help you get the monetary compensation you deserve. In addition to compensation for the damage to your vehicle, a lawyer can help you negotiate reimbursement for lost wages and medical expenses. Depending on where you’re located, a lawyer may even be able to help you recover if a family member is killed in an accident involving drunk driving, reckless driving, or speeding.
  • Lawyers who have experience with auto accidents know what kind of compensation you deserve. This can be a hard thing to figure out on your own and you could end up leaving a lot of money on the table.
  • An attorney can put pressure on the insurance company to keep the process moving forward. Insurance companies have a reputation for being slow to pay and can be very manipulative in trying to convince you that you’re not covered in the situation. Hiring a lawyer is one of the most effective ways to get them to pay up.
  • Well-trained auto accident attorneys have a vast wealth of knowledge that covers a lot of different areas. A good law firm will be able to handle cases involving wrongful death, property destruction, personal injury, and any liabilities. They should be knowledgeable about both state and federal transportation laws and be able to effectively reign in car insurance and health care companies.

When Do I Need an Auto Accident Attorney?

When Do I Need an Auto Accident Attorney

You should consider getting an attorney on board as soon as possible to avoid making any costly mistakes like signing an inaccurate statement, refusing medical care, or trusting an insurance company to do the right thing. If you don’t think you can afford a lawyer, remember that a lot of them will work on a “no upfront fee” basis and will only collect payment if you end up winning your case.

There are deadlines for filing for personal injuries vary from state to state and, if you miss them, you won’t be able to collect everything you deserve. If you need help covering medical bills and lost wages, a lawyer can help you move the process along as quickly as possible. It’s recommended that you wait no longer than a week to contact an attorney and you should speak to one before making any deals with the insurance company.

It’s also very important to hire an auto accident attorney if you are at fault, especially if there were other circumstances involved like poor lighting, unmarked hazards, or anything else that could have contributed to the accident. While there’s no guarantee that you will be found not at fault, there may be other parties that can also be held responsible.

What Should I Ask when Hiring an Attorney?

Before reaching out to an attorney, make sure you have your facts straight about the accident and collect as much evidence and information as possible. This includes any information exchanged at the scene the day of the accident, medical records relating to the accident, and a copy of your insurance policy. The more information you have, the better. Attorneys need to see that you have a case that they can win and the more proof you have, the better.

It’s important to make sure you hire the best law firm or insurance adjuster for your case and the resulting settlement. Here are some questions you can ask to make sure it’s a good fit.

  1. How are your fees structured if I win?
  2. Do you have experience with this type of auto accident case?
  3. Do you have experience with this type of injury that may cause pain and suffering?
  4. How much of my case will you personally be responsible for?
  5. Does your practice work strictly with motor vehicle accidents?
  6. Are there any up-front costs before the claim is made?

No-Win No-Fee Basis

A lot of auto accidents are carried out on a no-win no-fee basis which means that you don’t have to pay the attorney is they don’t win your case and can’t make a claim. If they do win, they get a percentage of the award or settlement.

This is a great way to get the money you deserve but this does usually mean that an attorney will only take on a case they’re relatively sure they can win. That’s why it’s so important to provide as much evidence and documentation as you can when meeting with an attorney for the first time.

Each lawyer sets their own rate and the average is between 30 and 40 percent and is usually limited by state law. Keep in mind that fees are different from costs which you’ll most likely also be responsible for covering, which is why you should ask about them up front.

Most attorneys offer a free consultation for your claim so you can get some idea of what, if any, remuneration you can expect. This gives you a better idea of how strong your case is and can help you make difficult decisions in the future.

You can get an idea of how much your case may be worth with this online case evaluation form offered by the Lawsuit Info Center.

If you need additional assistance finding a personal injury lawyer who specializes in your type of case, you can chat online with a Laws101.com attorney who can assist you and provide you with legal guidance.

 

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What You Need to Know about Texas Boating Laws

What You Need to Know about Texas Boating Laws

Legal AssistantMaritime Law, Personal Injury Law Leave a Comment

The beauty of the Atlantic Ocean can’t be compared to any other sea or ocean. The breeze in your face and the salt in the air is tempting whether you’re sailing or just following the magnificent waves. Before you take off in your boat, however, you should know the laws of the sea.

Texas, just like any state bordering an ocean, abides by maritime law but they also have their own state boating laws. To stay out of trouble and to keep yourself safe, you’re going to want to study the specific laws Texas has set for boating off their coast.

So, we’re going to learn all about the main Texas boating laws in this article so we can be ready before we hit the high seas.

Boating Laws in the State of Texas

Every state has its own laws for what happens when underway and on your boat or most other types of water vessels. Texas has laws of their own, outside of maritime federal law.

Boat Registration and Titles

You’re required to register almost all water vessels with the Texas Parks and Wildlife Department (TPWD). When you go to register your boat, you need to have the title in hand to show ownership.

Water vessels that are required to be registered include, but aren’t limited to:

  • All motorized boats
  • Any sailboat that’s 14 feet in length
  • Any sailboat with an auxiliary engine
  • Trailers need to be registered through your county tax office

Once your vessel is registered, you receive a registration sticker. This sticker needs to be placed three inches toward the rear of the boat.

The registration number needs to also be painted near the bow of the boat. The painted numbers have to be at least three inches in height and readable.

Operator Restrictions

In order to operate a boat in Texas waters, you must be 14 or older and, in some cases, you’re required to take the proper safety education classes for a boater identification card.

The vessels include:

  • Powerboat powered by a motor of 15HP or more
  • A personal watercraft (PWC) or any watercraft you sit on instead of in
  • Windblown vessels such as a sailboat that’s over 14 feet in length

For anyone who’s 13 years old or under, you can only operate one of these vessels if you’re accompanied by someone 18 or older on the boat.

  • The adult supervising a minor must have passed all safety education classes.
  • The minor must have also passed safety education classes before operating any of the above water vessels.

Boater Safety Education Courses

Boater Safety Education Courses

Boater Education courses are required for anyone aged 16 or younger who plans on operating a water vessel.  There are several informed websites that offer you studying assistance and are legally TPWD approved to take you through the 6-hour safety course.

This safety course will cover several subjects including:

  • Boats, boat uses, and the mechanics of boats
  • Boating safety to prevent accidents or misfortunes
  • Operating a boat
  • State laws for Texas which includes the Texas Water Safety Act and Boating While Intoxicated laws (BWI)
  • Department approved methods for cleaning a boat, boat motor, or boat trailers

Once you complete the TPWD safety course, you have to take an exam that goes over everything you learned.

You will then receive your boater identification card, which is a lot like your driver’s license. This ID won’t have an expiration date to renew it.

Personal Flotation Devices

Personal flotation devices (PFDs) are required on every water vessel. There must be one life jacket or life vest for every person that’s on board the boat or water vessel.

You never know when a PFD comes in handy. They can save your life if something unexpected happens.

These PFDs are required to be:

  • Approved by the coast guard
  • In perfect condition and not worn down or have any holes
  • Easy accessibility in case you need to use one
  • Fits perfectly

Any child who’s aged 12 and under that’s on a water vessel that’s under 26 feet in length is required to wear a PFD when the boat is underway or not parked.

Boating Under the Influence or Boating While Intoxicated

It’s illegal to operate any boat under the influence of alcohol or drugs by federal or state law.

To be considered intoxicated with alcohol, you need to have a blood alcohol content (BAC) of .08 or higher.

There are severe consequences if you’re found guilty of a BWI charge and it’s considered a Class B misdemeanor offense.

The usual consequences of boating under the influence can include:

  1. 1st Offense: You can receive a hefty fine of up to $2,000 as well as spend up to 72 hours in jail.
  2. 2nd Offense: You can receive a hefty fine of up to $4,000 plus up to a year in jail.
  3. 3rd Offense: You can receive a hefty fine of up to $10,000 and 2–10 years in prison.

If you refuse to take a BAC test for authority, you will have your driver’s license suspended for up to 180 days. That’s just for your 1st offense.

There are no fine or any legal consequences for an open container on your boat. However, an open container on a boat can lead to suspicion of the boat operator being under the influence of alcohol.

Boating Accidents

Boat accidents happen more than you’d think and the consequences can be serious. Any boating accident must be reported to the TPWD within 30 days if:

  • There was a death as the result of the accident within the 1st 48 hours
  • There was an injury that required professional medical treatment
  • There was damage due to the accident that costs $2,000 or more

Conclusion

These are only a few of Texas’ basic state laws that involve water vessels.  These are laws you should know and abide by before you head out to sea. You can find the entire Texas Water Safety Act here.

If you are involved in a boating accident, maritime laws are far more complicated than laws that govern accidents on land.  Liability limits are far higher which means that you should immediately seek the assistance of a skilled and experienced boat accident lawyer.

You can find a list of Texas lawyers who specialize in boat accidents in our Texas maritime lawyer directory.

What You Can Do if You’re Involved with an Oil Rig Accident

What You Can Do if You’re Involved with an Oil Rig Accident

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Oil rig accidents are scary and very dangerous. They involve deep water and heavy equipment which can lead to very serious injuries to workers and, in the worst-case scenario, they can even cause the death of your loved one.

Accidents on an offshore oil rig or drilling rig accident often cause injury, from small injuries to serious long-term, debilitating injuries or even fatal injuries in the worst cases for crew members and compensation is required to pay for any medical bills.

These accidents are usually due to a tired coworker or negligence of the company you’re working for. When the oil hits the fan, the company you work might turn its back on you instead of giving the support and compensation you deserve in these trying times.

But the right lawyer will help you fight for everything you’re owed and everything you and your loved ones deserve.

This article will go over the basics of oil rig accidents and how lawyers can help you during this frightening time in your life.

Oil Rig Accidents and Everything You Should Know When They Happen

Working on an oil rig or on an oil platform is one of the most dangerous jobs, alongside gas drilling jobs. It takes guts and courage to work on oil and gas rigs, which is why you deserve to be safe and protected should a mishap occur.

The Most Common Causes of Oil Rig Accidents

Oil rig accidents can vary greatly. There are several ways that working on an oil rig can go wrong but there are a few main major causes of oil rig accidents that are due to negligence from a coworker or the company you work for.

These causes include:

  • Slips and falls due to negligence by a coworker or the company
  • Heavy machinery crushing a person or body parts due to the negligence of a co-worker or the manufacturer
  • Equipment failure due to not being maintained by your employer or a manufacturer error
  • Fire from a gas leak due to negligence by a co-worker or your employer
  • Chemical spills due to a lack of maintenance by coworkers or your employer
  • Inhaling toxic fumes due to a lack of maintenance by your employer

These oil rig accidents can cause countless short-term injuries to long-term injuries and illnesses such as:

  • Fractured, sprained, and broken bones
  • Torn ligaments and torn tendons
  • Spinal cord and other serious back injuries
  • Amputated limbs including fingers and toes
  • Drowning
  • Chemical and fire burns
  • Head injuries and concussion
  • Cancer from constant chemical exposure
  • Wrongful death

Who Should be Liable for Your Oil Rig Injury?

Who Should be Liable for Your Oil Rig Injury

Unfortunately, most oil rig accidents are caused by a lack of maintenance from the employer or the platform owner.

They’re also often caused by a co-worker’s negligence from being distracted, working long hours, or not following safety protocols that are in place to protect them and you.

Sometimes, the manufacturer of a piece of equipment may be at fault too for faulty designs or mistakes in the machinery.

Rarely is an oil rig accident the fault of the person who was injured or the worker who has died.

It will be up to you and your lawyer to investigate your injury and the cause of it. Just like with any other injury case, evidence will be gathered and you should be taking statements from any witnesses that can verify your story.

The employer you work for will also be doing their own investigation into the accident so they can protect themselves.

Every injury or accident is different and should be treated as such by the right attorney or lawyer. The lawyer you hire should have experience and knowledge in all maritime laws, workers’ comp laws, and injury claims and laws.

Acts and Protections for Oil Rig Employees That Are Injured

There are a few legal maritime laws and other legal protections that can assist an oil rig worker in an injury claim against their employer. They were created for workers just like you.

Normal workers’ comp will compensate workers for injuries that aren’t due to negligence. It also prevents the employer from being sued by you, the employee, and it doesn’t always cover all your medical bills and lost wages. Not to mention, the suffering you’re going through.

Your employer’s workers’ comp insurance company gets to decide how much you deserve which isn’t always what you really deserve from your employer after an accident or wrongful death.

In most cases, they try to pay you as less as they can get away with.

The right lawyer will have extensive knowledge of these protections and acts:

  • The Jones Act: The Jones Act is federal legislation that helps US workers who work on a water vessel out at sea. It protects a wide range of workers, from trade ship crews and sometimes even oil rig workers. This act gives sea workers a way to make a negligence claim against their employer since basic workers’ comp isn’t always available to them.
  • The Longshore and Harbor Workers of the High Sea Act: This specific act is federal legislation that also helps U.S. workers that work at sea. It’s a type of workers’ comp for sea workers. It includes help for workers who work on docks or loading and unloading ships and other water vessels.
  • Outer Continental Shelf Lands Act: The OCSL Act is another type of workers’ comp for U.S. workers that work in the ocean. This act helps U.S. workers who are outside of U.S. states working but working in the outer continental shelf designated lands.

Conclusion

This may be a hard time in your life but getting the money and support you deserve shouldn’t be difficult. You shouldn’t have to fight your employer and anyone else at fault. You’ve worked hard so let a tough lawyer work just as hard for you.

Fatal Car Accidents Wrongful Death & Moving Forward

Fatal Car Accidents: Wrongful Death & Moving Forward

Legal AssistantPersonal Injury Law Leave a Comment

We all understand the importance of safety while driving a motor vehicle. However, it is inevitable that there will be traffic collisions from time to time, especially at night of heavy road traffic. If someone you love has been the victim of a fatal car crash, it can be hard to figure out what to do next. Not only do you have to suffer the loss of an important person in your life, but there are also a lot of legal questions that will come up. Knowing what to do after a crash like this is important. It’s the best way to make sure that everyone is given what they need to move on after the accident.

What Is a Wrongful Death Lawsuit?

One way to pursue damages after the death of a loved one in a traffic accident is to file a wrongful death suit. The suit is usually filed on behalf of the estate which must prove that the accused party was at fault for the accident that leads to the death.

Who has a right to file a wrongful death suit varies from state to state. Most states allow spouses and parents who have lost a young child to see damages and they can also be sought on behalf of the young children who have lost a parent.

Some states don’t allow adult children or their parents can sue. The rights of extended relatives are often limited, too, including cousins and grandparents.

There are a few different types of damage you can claim against in a wrongful death suit and it all hinges on the deceased’s role and what their absence means. It’s always difficult to lose a family member but when it’s the head of the household who supports a family with young children, the financial impact will be huge for the surviving family members and, in some cases, insurmountable.

Some of the things you can seek damages for in a wrongful death suit are pre-death pain and suffering, medical costs that resulted from the sustained injury, funeral and burial costs, loss of the deceased’s future income, value of services that the deceased would have provided, loss of care and nurturing the deceased would have provided, and loss of love and companionship.

What’s the First Step?

What’s the First Step

Immediately following the accident, it’s likely the victim will be receiving emergency medical care. Obviously, family members will be concerned and should be there for the victim but this is also a vital time to check the scene of the accident to gather as much evidence as possible. It’s also a good time to consider calling a lawyer.

[Related article: What to do after a Car Accident]

The truth is that no matter what caused the accident in the first place or what additional damage was done when a person dies after a car crash or sustains serious injuries, the crash itself is usually the direct cause. That means there’s a pretty good chance that someone is directly responsible for the death.

That said, there are a lot of factors at play in an accident involving a vehicle. For example, investigations into whether or not the death could have been prevented are likely to occur including whether or not any of the blame lies on the victim. Investigations will analyze the accident from all sides, determining whether everyone involved was obeying traffic laws and exercising good driving habits.

Every case is different and the process can be long and tedious. If any criminal activity is found, it is a separate matter to a wrongful death case. For example, the defendant may be charged with vehicular manslaughter or involuntary manslaughter but these charges or the person’s guilt (or innocence) have nothing to do with a wrongful death suit and a civil trial. In fact, someone can be found innocent in a criminal trial and still be found guilty of wrongful death.

What Are the Main Causes of Car Accidents?

Sadly, motor vehicle fatalities and other car accidents are more common than you might think and there are a few frequent causes that often lead to a fatality.  Texting while driving, driving under the influence of drugs or alcohol, reckless driving, bad weather, driver fatigue, road defects, car manufacturing defects, new drivers, and elderly drivers are the most common causes.

As you can see, these causes vary quite a bit. At times, there person at fault for the accident may have been careless in drinking or speeding but other times it comes down to weather and bad road conditions. That’s important because a key factor to a wrongful death suit is negligence.

When it comes to negligence, sometimes it’s easy to prove. For example, a drunk driver stopped on the highway will likely take a breathalyzer test at the scene which provides proof to substantiate the claim while driving a vehicle. The same can be said about smoking marijuana or taking other drugs. However, other things are not so easy to prove—whether the driver was playing with the radio, texting, talking on their cell phone, or rooting around in the glove box.

Sometimes, the other driver may not be at fault but may still be subject to a wrongful death claim. It can be that case that the mechanic that recently repaired their car didn’t do the job right or the manufacturer is to blame for bad brakes, tires, steering, or acceleration.

As you can see, negligence is not always easy to determine.

Be Patient, Be Persistent

Each case is different. Some are much more straightforward while others will take a long time to resolve. Remember, there are a lot of questions that need to be answered and the investigation may take awhile.

It’s also important to consider how important the role of an attorney is in a situation like this. Yes, attorneys are an important part of getting what’s owed to you after any car accident but when you’re dealing with the death of a loved one, the stakes are really high. If the deceased person was the breadwinner of the family or played an irreplaceable role caring for young children, coping with day to day living is stressful enough. A wrongful death attorney will handle the details for you so you can focus on recovering and holding everything together.

Fatal car accidents are life-altering and can be difficult to cope with.  A wrongful death suit can help you and your family get the compensation you deserve to help you move on with your life after the loss.

What Every Cruise Ship Traveler Should Know if You’re Involved in an Accident on Board

What Every Cruise Ship Traveler Should Know if You’re Involved in an Accident on Board

Legal AssistantMaritime Law, Personal Injury Law Leave a Comment

If you ever go on a cruise, you want a relaxing and fun experience before you get to your island destination. You don’t want to worry about accidents or injuries. Misfortune should be the last thing on your mind.

Cruise trips are meant to be fun and adventurous for every passenger. The food is fabulous and the events are exciting. The shows are even better. Unfortunately, accidents and injuries do happen.

To head out on your cruise with a relaxed head and ready to get your tan on, you should have cruise insurance and a cruise ship accident lawyer on speed dial.

This article will go over the basics of cruise insurance as well as what you should do if an accident occurs.

Cruise Line Travel Insurance

Cruise line insurance can be your best friend and this type of insurance isn’t just for injuries. It’s recommended to purchase your cruise line insurance through an insurance company rather than through the cruise company.

Most cruise ship operators offer very limited travel insurance that doesn’t cover all the possibilities and mishaps that may affect each and every passenger on the cruise liner as well as any shore excursions away from the sea. They only offer secondary insurance that may only cover the medical bills. Insurance companies can offer you primary insurance with compensation that covers most mishaps and misfortune while aboard a cruise ship, from food poisoning to pain and suffering from fall accidents.

Purchasing an insurance plan before taking off on your cruise can help prevent a dispute between you and the cruise company. It can, in minor cases, help prevent you from having to fork up legal fees if something does happen.

A medical emergency can happen at any time and they usually happen at the worst time. You want to be prepared in case you receive an injury or fall sick. Being treated by the ship’s doctor can get expensive and, unfortunately, most health insurance plans won’t cover the costs.

Plus, a decent cruise insurance plan can also help you in case you need to reschedule your cruise, cancel it, or even if you have stolen luggage. Of course, each policy is different.

Cruise Ship Accidents and Everything You Need to Know

Even if you purchase cruise line travel insurance, major accidents can happen due to negligence by the cruise company. This is when a lawyer with experience in injury and maritime law will be helpful.

Cruise companies have their own lawyers that will fight your injury claim in any way possible. It’s their job to prove that an accident claim was the fault of the victim, instead of the fault of the cruise company.

Falls, Slips, and Trips

Falls, Slips, and Trips

The most common type of accident for a vacationer on a cruise ship is usually a fall, slip, or trip. They can happen on any part of the cruise ship and in most cases, are due to negligence by the cruise company or crew.

The most common falls, slips, and trips are due to:

  • Wet decks and floors due to cleaning that don’t include a warning sign
  • Over-polished floors or recently polished floors without a warning sign
  • No non-skid adhesive strips to prevent slips and falls
  • Uneven decks that aren’t being maintained by the company or crew
  • Poor lighting that makes it hard to see your surroundings clearly
  • Slippery pool decks that aren’t maintained by the company or crew
  • Lack of handrails where they’re needed or improperly placed handrails
  • Shallow steps on a staircase due to not being maintained by the company
  • Wet steps due to a spill that hasn’t been cleaned up by the crew
  • Stairs that aren’t being maintained by the company or crew
  • Tender boats that aren’t being properly maintained by the company or crew
  • Wet gangways that haven’t been dried by the crew
  • Steep gangways that aren’t designed safely

These accidents can cause a mass of physical and health issues including:

  • Fractures, sprains, or broken bones
  • Herniated discs in the back or neck
  • Crushed limbs including your fingers and toes
  • Ligament and tendon tears
  • Brain injuries and concussions
  • Death

Injuries due to cruise ship negligence can change your life. It can lead to endless surgery and chronic pain which is why it’s important to contact a cruise ship accident lawyer should un unfortunate an accident occur.

The Steps You Should Take if You’ve Been Injured on a Cruise Ship

When a serious accident occurs, it can be hard to handle the stress and chaos going on around you. However, it’s important to take the proper steps so you can file an injury claim with your cruise accident lawyer.

You only have six months to take action against the cruise company so the faster, the better.

  1. First and foremost, you should get medical attention, even if your fall seems minor. This will be done by the cruise company’s onboard Once you’re off the ship, you should get a second opinion as well from another doctor to help your case.
  2. Report the accident immediately to the employees and other authorities depending on the type of accident.
  3. Contact a cruise accident lawyer as soon as possible so they know what’s happening and how they can help you.
  4. To protect their behinds, the cruise ship company will do their own investigation of the accident. This is required by maritime laws. This means they’ll take statements from you and any witnesses. Be wary of what you say so you don’t hurt yourself later in court. This includes in any accident forms they have you fill out.
  5. If at all possible, gather evidence for your case because that’s what the cruise company is doing.  Talk to witnesses and get their information. Witnesses can be other travelers or even ship employees. Ask for a copy of the video or CCTV if plausible.

Conclusion

Most cruises go smoothly and make it to their destinations just fine. Unfortunately, every now and then, an accident happens due to negligence by cruise employees or the cruise line itself. It’s important that you fight back and get what you’re owed when you’re hurt or injured.

Everything You Need to Know about Boat Accident Attorneys

Everything You Need to Know about Boat Accident Attorneys

Legal AssistantMaritime Law, Personal Injury Law Leave a Comment

Boating accidents are always super scary and super common in the deep blue. Boating and water-based accidents are actually quite common so there are laws dedicated to boats, the sea, and other forms of waterways.

Some boating accidents can’t be avoided while others are caused by simple incompetence or because someone was unfortunately under the influence of alcohol or drugs.

When an accident at sea occurs, you need more than a personal injury attorney, as you’re going to want the best boat accident attorneys helping you with your maritime case. You’re going to need someone who has specifically studied maritime law (admiralty law) and knows their way around these confusing laws. Your attorney should also have knowledge in your state’s waterway laws.

So, it’s time to go over everything you need to know about boating accident attorneys if you find yourself in an unfortunate situation.

What Is Maritime Law?

Maritime law is merely a specialty law that involves accidents and disputes involving a navigable body of water. Maritime law is considered federal law, meaning the laws cover every state in the US and accident disputes are mostly worked out in federal court.

The beginning of maritime law goes far, far, far back to the Egyptians, the Greeks, and other ancient civilizations.

Boats crossing oceans have been the primary use of transportation for exchanging goods between other countries so they had to come to terms and rules for boats, ships, and their owners.Of course, over the decades, international water laws have been adapted and changed.

Maritime laws aren’t the only laws that govern the oceans. Each state that borders a major ocean has laws of their own you must abide by when it comes to taking your boat out to sea.

When It’s Time for a Boat Accident Lawyer

Now that you know about maritime law, it’s time to learn about boat accidents and the steps you should take if you find yourself in trouble.

The Most Common Boat Accidents Covered by Maritime Law

There are several different types of boat accidents that are covered by maritime or admiralty law, with each demanding you obtain a boat accident lawyer with experience.

The most common types of boat accidents include:

  • Collision between two vessels
  • Collision between a vessel and a fixed object
  • Vessel employee’s injury or death while working in navigable waters
  • Commercial shipping accident that involves cargo damage
  • Flooding of a vessel
  • Maritime labor regulations
  • Criminal activity

Since some states have no age limit to those that can operate a boat nor do some ship operators need a license. It varies from state to state.

This results in complicated boat accident battles between navigators since they’re not required to learn boat safety. Boat safety that could easily prevent collisions between two vessels or other types of boat accidents.

The Most Common Causes of Boat Accidents

The Most Common Causes of Boat Accidents

The most common of the boat accidents we discussed above are caused by a few simple problems that could be avoided.

The most common cause of these annoying and sometimes terrible boat accidents include the following:

  • Negligence or inexperience while operating a vessel
  • Boating under the influence of alcohol or drugs
  • Speeding while operating a vessel
  • Lack of boat maintenance or machinery failure

Statutes of Limitations Involving Maritime Laws

If you want to file a case that involves maritime law, there is are Statutes of Limitations for different types of boat accidents. Statutes of Limitations are the amount of allotted time you have between the incident and filing a legal action for the incident.

The Statutes of Limitations do not include any state laws on reporting an accident or incident.

The most common maritime Statutes of Limitations involving boat accidents:

  • Death on the High Sea Act: This act gives the family of a person involved in a wrongful death three years to file a legal action.
  • The Jones Act: The Jones Act enables an employee involved with the transportation of goods for trade to file a personal injury claim within three years of an incident.
  • Longshore Harbor and Workers’ Compensation Act: When an employee is injured on a vessel working, they have a year to file a legal action to receive workers’ compensation.

What You Should Do When a Boating Accident Occurs

If you’ve been involved in a boat accident and believe you need legal recourse involving the accident, there are steps you should take.

These important steps should include:

  1. First, you need to see a doctor so you can be examined. Even if you think you’re okay, see a medical professional. You’ll want a copy of your medical records (and medical bills) involving the accident and any injuries you may have sustained.
  2. Collect the insurance information from your employer and/or the other vessel owner involved.
  3. Make an official report for your employer or the vessel owner. You should also make an official report to the Coast Guard and your state’s waterway department.
  4. Gather evidence for your case.

Evidence that Helps Make a Boat Accident Case

For a successful boat accident case, you and your law firm or lawyer will need evidence that points to the damage done, whether it’s damage to a water vessel or injuries sustained by a person.

The evidence that you should have to support your case can include:

  • Photos of the damage done
  • Witness statements and the police records from the incident and negligence
  • Medical records of someone’s been injured or has passed away

Boating Under the Influence of Alcohol or Drugs

Boating Under the Influence (BUI) is a maritime law that covers all states in the US. It is illegal to operate a boat under the influence of alcohol or drugs, just like it’s illegal to operate a vehicle on land while intoxicated.

Most states consider a BUI (sometimes referred to as Boating While Intoxicated) when the operator has a blood alcohol concentration (BAC) of .08 or higher.

A boat can be pulled over if it’s believed that the operator is under the influence of alcohol or drugs. If you receive a BUI, you will be in just as much trouble as if you had received a DUI while driving a car.

You can have your boating license suspended or even revoked if you’ve had several BUI offenses. There are also expensive fines you’ll have to pay. In serious cases, you can also receive drug counseling or even jail time.

Conclusion

If you’ve been in a boating accident, you want to take the right steps to protect yourself or receive compensation for damages. This includes hiring an attorney that has knowledge and experience in maritime law so you have the best representation possible.

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.

Auto Accident Settlement

Auto Accident Settlements: 8 Things to Know

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If you’ve been the victim of a car accident and sustained serious injuries that are impacting your quality of life and preventing you from working and paying your bills, medical bills, as well as other out-of-pocket expenses, getting a settlement from the insurance company or insurance adjuster can be your saving grace. That said, the process isn’t as straightforward as it seems.

Here are eight key things to know about auto accident settlements that can help you navigate the road ahead.

1. Always get checked out by a doctor.

Sure, you might feel okay after a car accident but you should always get checked out by a doctor, just in case. Don’t even think about taking a settlement until you know the full extent of your injuries because some problems might develop months later and you end up with ever-increasing medical bills. With the right testing and scans, doctors can detect these problems early and treat them before they start getting worse and you end up with ongoing pain and suffering. Make sure everything is documented carefully and use this information when negotiating a settlement offer.

If you refuse medical attention and develop problems weeks or months after a car accident, it can be hard to make the case that your new medical problems are related to the accident. Getting thoroughly checked out right after the accident is essential, and would be the advice of any worthy personal injury attorney.

2. Every settlement is different.

Every insurance company or injury attorney considers a lot of factors during the settlement process before deciding on the amount they’re going to offer for a settlement. If two people are injured in the same accident, the person with minor injuries will receive a much smaller one than the one who was majorly injured.

To give you a better idea, here are some of the things that insurance companies consider when deciding on an amount for a settlement or if they should settle at all: where the accident occurred, whether medical treatments were reasonable and necessary, if you will recover from your injuries, whether or not you will continue to need medical treatment, how much work you have missed or will miss in the future, the limits of your insurance policy, and your level of comparative fault.

3. Insurance companies don’t like to pay out.

Even if you’re not at fault and have sustained a serious injury, most insurance companies will offer you the lowest amount possible, even though you may be experiencing lots of pain and suffering. This is one reason why you should consider hiring a personal injury lawyer. They know the law and have experience with insurance companies so they may be able to get you more of what you deserve.

4. You don’t have to accept their first offer.

You already know that the insurance company is going to offer you a low amount initially so be prepared to counter with something closer to what you think you deserve. Chances are the insurance company is expecting a counter offer and will be open to some negotiation, although this is much easier to accomplish if you hire an attorney.

5. Get a copy of the accident report.

Get a copy of the accident report

The insurance company should provide you with a copy or you can contact the police to request one. Look over everything very carefully and make sure there aren’t any errors or glaring mistakes. Any inaccuracies can affect the outcome of your settlement. File a new accident report if you need to but be aware that the insurance company will have to verify it before a settlement is offered.

6. Be realistic about how much of your settlement money you’ll actually receive.

If you receive a large settlement, it’s certainly worth celebrating but it’s also important to keep in mind that all of that money isn’t going to go right into your bank account.

While you may not have any lawyer’s fees upfront, you might be in for a shock once your case is settled. Most personal injury lawyers will work on contingency, meaning that they don’t take any payment or charge fees until after you win your case or get a settlement. Usually, about 30 or 40% of your settlement funds will go to your lawyer and there are typically additional fees and other charges added.

Also, don’t assume money from a settlement is completely tax-free. While money awarded for medical expenses and physical injury is usually not taxed, anything awarded for lost wages and emotional distress is.

Finally, for very large settlements, the insurance company may not pay the whole amount at one time. Sometimes, they may make payments yearly or even every few years until the settlement is paid in full. If you’re unable to work as a result of the accident, plan accordingly. Budget well and make sure you can get through from one settlement payment to another.

7. Expect it to take a little time.

Don’t expect a fast resolution. It can take a long time to settle your claim. Remember, the insurance company is dealing with your claim on top of all of the other claims they have so it can be a long process. Smaller claims are usually paid out more quickly because they’re typically less complicated. If you have a serious injury and are asking for a significant amount of money, it’s possible that you could be waiting more than a few months for a settlement.

8. When you agree to a settlement, it’s final.

You will have plenty of opportunities to negotiate throughout the process but once you reach an agreement, you’ll be asked to sign a release form stating you agree to the amount of the settlement. After you sign this form, it’s legally binding and you can’t come back later and ask for more money. This is another reason why it’s good to have an attorney involved. Because of their years of experience, they will have a good idea of whether or not you’re getting as much as you deserve for your injuries.

Be Smart

The main thing to keep in mind is that the insurance company that’s deciding on your claim isn’t really on your side. If you aren’t at fault and have sustained an injury, get checked out by a doctor and contact a personal injury lawyer for help navigating the system.

personal injury law

Personal Injury Law

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If you or a loved one has suffered an injury from an accident where someone else is responsible, you’re likely scared, angry, and maybe even a little confused. It’s important to remember that you have legal rights following an accident or injury. For help navigating the legal system and to help you decide what to do next, consider contacting a personal injury lawyer.

What Is Personal Injury Law?

Injury cases occur when someone suffers harm from an accident that someone else is legally responsible for. Depending on how the person at fault responds, these cases can progress through civil court though they’re often resolved informally before going through any court proceedings.

If an informal settlement is reached, the process generally moves along pretty quickly since the other party is seemingly willing to accept responsibility. A settlement like this usually involves the people actually involved in the accident, their attorneys, and representatives from any insurance agencies involved. There’s a negotiation of terms that results in a written agreement where both parties agree not to pursue any legal action in the future. The injured party usually receives a lump sum of money that both sides agree to.

In a case where a settlement cannot be reached, the next step is filing a formal lawsuit with a personal injury attorney or law firm. This is done in civil court when the plaintiff makes an allegation against a defendant which could be another individual, business, or even government agency. It’s important to note that almost every personal injury lawsuit is settled out of court. They typically only go to trial if the other party doesn’t feel they’re responsible for the accident or if the two parties can’t agree on a settlement amount.

Who Establishes Personal Injury Laws?

who establishes personal injury laws

Most laws are put into place through a heavily legislative process whether it’s on a federal, state, or local level. What’s different about personal injury law, though, is that it’s not made by legislatures. Most personal injury laws are determined by precedent to determine a body of common laws.

Here’s how it works. When a judge makes a ruling on a personal injury case, that decision becomes precedent for all of the lower courts. Once the lower courts start to put this decision into practice, a body of common law is formed. These laws usually vary from state to state though most courts draw from the same supporting literature to establish case law so there may be some overlap.

That said, there are some situations when personal injury law has been legislated. The best example of this is workers’ compensation law which was once lumped into personal injury but has since been legislated and established as a way for workers injured on the job to get what they deserve from their employers.

What Types of Personal Injury Cases Are There?

what types of personal injury cases are there

Any case that results in harm or injury falls under personal injury. This applies to both physical injuries as well as psychological trauma. Some of the most common personal injury cases include:

  • Animal bites, usually involving someone’s pet
  • Accidents involving a car, boat, airplane, motorcycle, or bicycle
  • Injuries sustained from using defective products
  • Slip and fall accidents
  • Medical malpractice including nursing home abuse
  • Intentional acts, such as assault and battery
  • Defamation

What about the Statute of Limitations?

what about the statute of limitations

The statute of limitations is the time limit for how long someone has to file a lawsuit. It’s different in every state but typically falls anywhere from 1 to 6 years. This is a very strict deadline and if you do attempt to file a lawsuit after it passes, it will most likely be dismissed. The clock starts ticking the day that the injury occurs so it’s helpful to get the process started as soon as you can.

One exception to this is the Discovery Rule. This applies when the person who is injured doesn’t initially know about the injury or that someone else was to blame for it. Some examples of when this would apply are asbestos exposure that results in lung problems decades later or injuries from an incorrectly performed surgical procedure showing up years later.

How Can a Personal Injury Lawyer Help?

how can a personal injury lawyer help

One really important thing to keep in mind about personal injury lawyers is that they typically specialize in a certain niche. For example, they might only represent people in automobile accidents or medical malpractice. This is extremely beneficial for their clients because it means they’ve seen a lot of things and have a lot of experience to draw from.

When you contact a personal injury lawyer, the first thing they will do is investigate your claim and determine whether or not your case has merit. They’ll gather evidence, research applicable case law, file discovery requests, and interview witnesses to prepare for a trail, even though most cases don’t actually proceed that far.

Before a trial or settlement, a personal injury lawyer will advocate for their client by helping them through the process and making sure they get through any obstacles preventing them from getting what they’re entitled to.

Often, personal injury lawyers will represent clients on a contingency basis. That means that they get a portion of the compensation that the client receives once the case is resolved. This is good for the client because it means the attorney doesn’t get paid unless they win the case. The downside, though, is that personal injury lawyers are very particular about the cases they take on.

[Related: Top 7 Reasons Why Lawyers Won’t Take Your Case]

Don’t Go It Alone

If you’ve suffered an injury or had an accident that isn’t your fault, you might be entitled to a settlement that could help with medical bills or cover any time lost from work. The best way to proceed is by contacting a personal injury lawyer who specializes in cases related to the kind of injury you’ve sustained.

As we said, most of these cases are settled out of court but you’ll still need a good attorney to help you through the process to make sure you get exactly what you deserve for your pain and suffering.

Also read: How to Choose a Personal Injury Attorney

medical malpractice lawyers

Medical Malpractice Lawyers

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Even the best hospital with the best doctor or medical professional practicing there can make mistakes, causing injury or, worse still, wrongful death caused by negligence or without due care. Nobody is perfect, and when it comes down to your health and wellbeing, no amount of money or insurance companies can give a person their health or life back.

Though this rather grim reality is not something that happens very often, if you do happen to find yourself, or a loved one facing a case where medical malpractice caused injury or death by a medical professional, you’ll definitely need to know where to find good medical malpractice attorneys.

How to Find a Good Medical Malpractice Lawyer

It’s important to first understand that you don’t want to settle on a cheap or under experienced lawyer for your case if you have suffered from a personal injury through medical mistakes.

The reason for this is that most, if not all, doctor’s offices and hospitals have groups of some of the most experienced and successful medical malpractice lawyers on retainer. This makes winning a malpractice suit rather difficult in certain instances. So, in order to put yourself in the best position to win your case you must find a lawyer with the same experience and tenacity to represent your case.

Since every medical malpractice lawsuit is relatively rare, finding a lawyer who specializes in a malpractice claim can be somewhat difficult if you don’t know where or what to look for.

Get a Referral

To begin, one of the first things you should do is ask a lawyer you know who they would recommend, and if you don’t know a lawyer, ask friends and family members if they know of anyone you can contact. This is very helpful because even if the lawyer you reach out to can’t help, they will almost always know someone who can. I say this because the law profession almost always requires an attorney to network with others in the profession.

If you, or your close friends and relatives, don’t know any medical malpractice lawyers then a bit more work is going to be required in order to get the bet result from your case. After all, a good attorney-client relationship is key to a successful outcome of a negligence case due to lack of care or similar.

Research Trusted Legal Resources

The next best thing to do would be to contact your local or state bar association. To do this, you can usually just do a quick internet search then simply give them a call and ask if they have a referral service you can use to find a lawyer specializing in medical malpractice lawsuits.

Pretty much all state or local bar associations require lawyers who specialize in certain types of cases to register under the legal category in which they are most knowledgeable. This may be a bit more difficult depending on the area in which you live, especially if it is scarcely populated, but even if that is the case some big city lawyers will happily travel to your location in order to help out.

Other Resources

Now, if both friends and family, as well as your local/state bar association, are not helpful in finding a qualified medical malpractice lawyer, you can put your faith in the internet and perform your own search.

Simply search for a trusted website that can connect you to a nearby law firm that specializes in medical malpractice. This method does work, but it also requires a bit more research on your part. Any lawyer can claim to be a good malpractice lawyer, but it’s up to you to do your due diligence and research their success rate and law firm in order to ensure they are legitimate.

How to Choose a Medical Malpractice Lawyer

Once you have a list of at least two or three lawyers you believe are qualified enough to take on your case, you’ll next want to set up an in person or over the phone meeting in order to get to know them and ask the necessary and important questions.

This can be kind of tricky if you aren’t prepared or don’t know what to ask, so here are a few things you’ll want to make sure to ask about.

Medical Malpractice Case or Trial Experience

You’ll absolutely want to ask exactly how experienced they are in medical malpractice cases and what their success rate typically is. You’ll also want to ask how many cases they have worked on and the amount of time they devote to each case. This will give you a rather concrete idea on how good and how much effort they tend to put into their clients.

Access to Quality Medical Experts

Another important question to ask is how and where they will find the medical experts necessary to explain why and how the doctors in question committed medical malpractice.

This is an absolutely necessary part of any medical malpractice suit and will likely determine whether or not you’ll win your case or not. If your prospective lawyer doesn’t give you a specific person or place then you should be weary of hiring them. Most good malpractice lawyers will already have connections to medical experts that they have used in the past successfully.

Transparency in Costs

If you’ve determined that your prospective lawyer is prepared and qualified for you case, you’ll then want to bring up how much they are expecting to be paid to represent you.

These types of cases aren’t cheap so you’ll want to get a solid understanding of how much your lawyer expects the settlement to be if you win and how much of that will be paid to them. These amounts can be negotiated, but typically a lawyer will want at least 30–40% of your settlement.

Though this may seem like a lot, just remember that the lawyer is the one paying for expert witnesses, various court fees and any other litigation costs. Again, these percentages and amounts can be negotiated so don’t let the lawyer determine his or her cost if you feel that it’s not fair.

Good Bedside Manners

Another final piece of advice is to make sure you and your medical malpractice lawyer get along in a cooperative and positive manner. A good relationship really goes a long way in these types of cases as they tend to drag on and on and can be rather emotional.

An optimistic lawyer, who understands how you feel and what you think you should get out of the case, is very important because it can make the long difficult process go much smoother.

You can also chat online with a Laws101.com attorney, where you’ll be instantly connected to a lawyer who can help you identify a good lawyer for your medical malpractice case.

what medical negligence lawyers can do for you

What Medical Negligence Lawyers Can Do for You

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We rely on medical professionals, whether they’re our doctors, our nurses, or our dentists. We give all our trust to them and put our health and wellbeing in their hands. So, what happens when even the best medical professional around betrays our trust or makes an undeniable mistake that makes our health worse? medical malpractice cases are more common than you think.

This is where a medical negligence lawyer comes in. They’re educated and trained to help you in your time of need with medical malpractice claims. Medical malpractice combined with negligence is no joke. You’re going to want the best lawyer on your side for justice.

It’s time to learn all about how a medical malpractice lawyer can help you in your suffering and what their duties are to you, the client.

Education Needed for a Medical Negligence Lawyer

education needed for a medical negligence lawyer

When you’re looking around for the perfect medical negligence lawyer, you want to know what it takes to be one of these specialized personal injury lawyers for malpractice claims. You want someone with the education, training, and experience needed to properly represent you when there have clearly been medical errors.

Just like every other certified lawyer, he or she must obtain a four-year undergraduate degree. To be accepted into law school after receiving a bachelor’s degree, a malpractice lawyer has to pass the LSAT (Law School Admissions Test) exam.

Then the lawyer spends three to four years in law school for a JD (Juris degree). Their last year in law school, they choose what field they want to specialize in by the courses they take. A medical negligence lawyer uses this year to focus in “torts.” They usually also take on an internship to gain some experience under their belt.

When the lawyer has graduated from law school and they pass their bar exams, they get to work. They spend years practicing medical malpractice law in other law firms.

After five years of working experience in medical malpractice, a lawyer will receive their board certification from the American Board of Professional Liability Attorneys. Each lawyer has to document their last three years of major malpractice cases.

The Four Ds of a Medical Negligence Case

In order to understand what negligence is, you need to first understand that negligence is only one type of medical malpractice. Most medical negligence lawyers are actually medical malpractice lawyers and specialize in any medical malpractice lawsuit.

Medical negligence doesn’t always mean the patient was injured or died nor is it always considered medical malpractice. However, when this line is crossed and a patient has suffered, it is considered serious malpractice.

There are several law theories regarding medical malpractice that medical negligence lawyers will use in a malpractice case. The main law theory is based on the Four Ds.

These Ds need to be proved by the patient, the medical malpractice lawyer, and another health care professional in the same field for a successful lawsuit.

The Four Ds include:

Duty:

The very first thing your lawyer must prove is that you and your doctor had a professional relationship. There must be evidence that he or she was, in fact, your doctor. Therefore, your doctor had the duty to care for you and respect your personal wishes as well.

Derelict:

The next thing that needs to be proved in a medical malpractice case is that of derelict. This means you have to prove that the doctor didn’t comply with the professional standards all doctors need to adhere to for your best healthcare. This can be evidence of misdiagnosis or even being prescribed the wrong medication.

Direct Cause:

It has to be proved that your doctor’s negligence lead to an injury, worsen health conditions, or even death of a loved one. You’re proving the causation of your injury or suffering.

Damage:

Lastly, you and your lawyer must prove you have a real injury or have suffered due to your doctor’s negligence. Evidence can include your medical records or prescriptions. Damage can also include intense emotional damage as well.

Your Medical Negligence Lawyer’s Duties to You

You might be wondering what steps your medical negligence lawyer has to do to prove The Four Ds in a case. They have mountains of work to do to provide you with the best care and to represent you in the best possible way.

In order to get your malpractice case perfect, a medical negligence lawyer must:

  • Your lawyer has to gather evidence to prove your case. They have to analyze your medical records to understand what went wrong. They may use experts to understand your doctor’s notes or any medical records needed for the case. They’ll also do thorough research on your injury or ailment to understand what’s going on with your body.
  • They will work with medical experts in the same field as the health care provider you’re suing, so that they can back up that your doctor was negligent. This medical expert will also help your lawyer with case theories and even testify on your behalf.
  • Your lawyer will help you set up independent medical examinations (or IMEs) from an objective doctor to determine your injury is legit. They will come with you to these appointments for both objective information and support.
  • They’ll also take depositions from any and all medical experts, medical professionals, and witnesses involved with the complaint. This, of course, also includes depositions from you and the negligent doctor your complaint is against.
  • Let’s not forget the huge amount of paperwork your lawyer has to do to get through your case.

The Bottom Line

No one ever wants to feel betrayed or neglected by a health care professional in any field. Unfortunately, these health malpractice tragedies happen more often than you realize.

You need malpractice and medical negligence lawyer with the right knowledge, experience, and tools to represent and support you in these troubling and difficult times.

If you have more legal questions, you can also chat now with a Laws101.com attorney, where you’ll be instantly connected to a lawyer who can give you legal guidance on your specific case or question.