What are the things YOU must prove in your personal injury claim?
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If you have a question you would like for me to answer, or if you would like to speak with me regarding a potential claim, please pick up the phone and give us a call right now. (770) 934-8000.
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Gary: My wife and I were hurt in a car accident about a month ago. We were not at fault. I am ok but my wife is not. The other driver slammed into the passenger side door where she was riding. She is still treating with the doctor. We are already getting a lot of medical bills in the mail. If we hire a lawyer, what do we have to prove to be able to recover from the driver’s insurance company? -Jeff in Decatur
Transcript:
Jeff – thanks for the question though I’m sorry to hear about your wife’s injuries and the wreck.
There are many things we have to prove in these personal injury claims:
* Someone was negligent in causing the wreck (besides our client);

* We have to prove the damages our client sustained in the wreck.

Negligence: this essentially means who is at fault.
We have to prove that someone (besides yourself) was at fault for causing the wreck.
The injured party has the burden of proof in showing that the Defendant driver was negligent in causing the wreck.
For example:
When the defendant rear-ends your car because they did not maintain a safe following distance or they failed to keep a proper lookout of the road ahead, they were negligent.
When the defendant rear-ends your car because he did not get his brakes repaired, even though he knew they were not working properly, he is negligent.
Other examples could include:

Driver distractions due to using a cell phone or adjusting the radio

Proximate Cause:
Once we prove the other driver was negligent, then we must show that this negligence was the proximate cause of your injuries.
Here is an example:

(3) Damages:
When we prove that the Defendant was negligent and his negligence was the proximate cause of the wreck, we must now prove what damages were inflicted upon you.
Damages could include compensation for:
Medical bills, including:

-chiropractors
-physical therapy
-prescriptions

This is easy to prove as all of these health care providers/suppliers will issue an itemized statement for the services they provide to our clients.

Lost wages:

Typically, if someone misses a week of work due to a car wreck, it can be proven with a couple of check stubs showing the time missed from work, a doctor’s disability slip, and a wage verification form signed by the employer.

Transportation costs
You would not have to be driving around from doctor’s appointments to physical therapy to the pharmacy to get your prescriptions filled if the Defendant had not caused the wreck.
This is clearly money that is coming out of your pocket that you would not have lost if the car wreck never happened.

Keep track of your round trip mileage to these appointments and save those parking receipts!
FUTURE medical expenses
Doctors can sometimes tell us to a reasonable degree of medical certainty what they anticipate you will incur should you eventually need a surgery or have to undergo some additional tests.
The key component to making a claim for these future medical expenses is to get a doctor’s narrative addressing the medical needs, why they are necessary, how they were caused by the wreck, and the costs of the procedure(s).

FUTURE lost wages:

The standard for proving future lost wages is simple, yet can sometimes be a difficult hurdle to overcome.
The way a jury measures future lost income is for them to determine what the plaintiff would otherwise have earned in his job or profession but for the injury.

Punitive damages:

For example, punitive damages can be sought in wrecks where:
– The Defendant causes a wreck and attempts to flee or does flee the scene of the collision.
– The Defendant was driving their vehicle while under the influence of drugs or alcohol.
There is a legal presumption under Georgia law that a person is driving under the influence if their blood alcohol level is above .08.

General damages are hard to quantify for everyone and are highly subjective, so the law instructs the judge or jury to assign these damages on an individual basis.
The amount of the damage for pain and suffering is based upon the enlightened conscience of fair and impartial jurors that apply the facts and law to that specific claim.
There is an old saying that “[T]he easiest pain to bear is someone else’s.”
There is a lot of truth to that statement.
It is a challenge to get a jury to understand the degree of pain and suffering someone experiences because of a wreck – especially when the injuries are not visible.

If not us, please call someone – but call an attorney that specializes in personal injury law.
You have absolutely nothing to lose by calling a lawyer, but think of all you can lose if you don’t!
If you would like to speak with my law firm about your claim, we make it easy for you.
Just pick up the phone right now and give us a call at (770) 934-8000.
Our intake specialists are standing by right now to speak with you.
The consultation is FREE and completely confidential.

And I encourage you – if you don’t call us, please call someone to help you with your claim.
You owe it to yourself – to your family – to get the help you need.
So give us a call right now. (770) 934-8000.

Nursing Home Injury Law

If you’ve been injured in a car accident then you need legal help Below is a national directory of lawyers that care about your case. Getting hurt is a serious matter and has serious legal implications as well as long term suffering. Finding a lawyer can be as simple as calling someone up in your area. Check list below to find lawyers near you.

Car accidents happen when you least expect them, you need vetted lawyers with experience. We help by selecting lawyers who have a history of helping people get justice after an accident. When you are injured you need a lawyer who knows how to deal with the kind of medical bills that come from a serious injury. When you are injured money is tight, you need a law firm that offers a free consulation who can tell you what needs to happen to win your case and get your life back on track.

If a driver hurt you and the at fault party has no insurance, you still may be able to get compensation after the auto accident. A lawyer can help prove who is at fault. An MIT study recently studied more than 108 drivers in Boston and surrounding areas showed that approximately half of the drivers admitted to often using their cellphones while they were driving. Sometimes there is evidence of this that comes up in court. Truck accidents may also have clues about their reckless driving in the data box of their truck. The insurance company may not tell you these things and so it’s important to contact a lawyer to find out if your case needs further investigation.

Directory of Lawfirms

Arizona

Legal Resources Phoenix AZ

Kyle A. Israel

Israel & Gerity, PLLC

3300 N Central Ave, Suite 2000

Phoenix, AZ, 85012

888-900-3667

Legal Resources KY

Robert Shelton

Shelton Law Group

9300 Shelbyville Road, Ste. 215C

Louisville, Ky, 40222

502-409-6460

Legal Resources Boston

Mark Salomone

Law Offices of Mark E. Salomone

60 State Street

Boston, MA, 02109

1-617-338-4321

Legal Resources Springfield

Mark Salomone

Law Offices of Mark E. Salomone

175 State Street, Suite 200

Springfield, MA, 01103

1-413-737-7783

Legal Resources Holyoke

Mark Salomone

Law Offices of Mark E. Salomone

295 High Street

Holyoke, MA, 01040

1-413-534-1400

Legal Resources Chicopee

Mark Salomone

Law Offices of Mark E. Salomone

10 Center St, Suite 312

Chicopee, MA, 01013

1-413-592-1013

Personal Injury Lawyers

Currently under Austin city ordinance, you may not text while driving (I hope!) or use your smart phone to make dinner reservations, movies times, or check football scores while caught in Austin traffic, as these activities are both illegal and dangerous. But, how many of you will admit to talking on your phone while behind the wheel? Just a quick glance at the drivers around you on any road will confirm that most of us do it. Maybe it’s just a way to pass the time during a boring commute or you try to squeeze a few more minutes of work conversations before meeting the family at home for dinner. In Austin, these conversations soon may be illegal.

Austin and the other major cities throughout Texas are notorious for their traffic problems. And, there is compelling evidence that phones and other such devices play a significant role in the frustrations. Throughout the state, one in five car crashes is caused by distracted driving. In 2013, that equated to 94,943 crashes. If pulling over to the side of the road or investing in hands-free technology likely would save lives, then there is merit to considering a change to our current laws.

At Bertolino LLP, we see people in our offices every day who have been injured as a result of poor decisions made by others. Another driver’s focus on a text message or phone call instead of the road can mean physical pain, time missed from work, and the trauma that lingers following a car wreck. If you have been hurt in a car accident and it was not your fault, please contact our office today. We will stand with you to get the compensation you deserve.

A police officer with the North East Independent School District and retired member of the San Antonio Police Department was injured last weekend while directing traffic for a funeral procession. The driver of an SUV allegedly looked away from the road just long enough to slam into another car, spin around, and then hit the motorcycle on which Sergeant Charles Langley was sitting (“North East ISD officer hit by SUV in San Antonio,” MySanAntonio.com, June 4, 2014). Fortunately, while both Sergeant Longley and the woman in the third car were hospitalized, the incident did not appear to cause any serious injuries (“Off duty NEISD officer hit while on motorcycle for funeral procession,” KENS5.com, June 4, 2014).

Tony R. Bertolino is managing attorney with our firm, a Texas law firm with attorneys who represent clients in personal injuries and property damages stemming from motor vehicle accidents, and he shares that the number of collisions that could be avoided by more attentive drivers is quite substantial.

Car Accident Lawyer

April is Distracted Driving Awareness Month, and as part of a collaborative effort, the Georgia Trial Lawyers Association, the Georgia Department of Highway Safety and retired NBA player Shaquille O’Neal have teamed up to educate young drivers of the potential dangers.

Study finds 1 in every 4 accidents involves cell phone use

Distractions can also be blamed on approximately 450,000 injuries each year.

A recent report from the National Safety Council indicates that 1 of every 4 wrecks can be attributed to cell phone use. Interestingly, only a small portion of those are blamed on text messaging, though teens are more prone to texting than other drivers.

This kind of faulty thinking is perpetuated by the fact that while all states have some form of text messaging ban, none ban talking on a phone for all drivers. What’s more, none forbid hands-free cell phone devices, despite the fact that research has proven they are equally as dangerous as handheld devices.

Measuring the Scale of Loss

There are three specific types of collisions that are responsible for the majority of these costs and losses: drunk driving accidents, speeding accidents and collisions caused by distracted drivers.

Crashes caused by drunk drivers accounted for a total of 18 percent of all of the economic losses and 23 percent of the overall societal harm that resulted from motor vehicle collisions in 2010. In total, there were $49 billion in economic losses and another $199 billion in losses to society that occurred because of drivers who were impaired by alcohol. The economic losses alone averaged out to $158 for every single person in the country.

Crashes caused by speeding drivers accounted for 21 percent of all of the economic losses and 24 percent of the overall societal harm that occurred due to motor vehicle accidents in 2010. In total, the economic losses from speeding drivers equaled $59 billion or an average of $191 per person in the United States.

Finally, crashes caused by distracted drivers accounted for 17 percent of total economic loss and 15 percent of overall societal harm. The economic losses totaled $46 billion and the societal losses totaled $129 billion.

Law Offices of Gary Martin Hays & Associates, P.C
www.garymartinhays.com

If you have been injured you can contact an Atlanta law firm today!

Atlanta Car Accident Lawyer

Thanks for joining us!

If you have a question you would like for me to answer, or if you would like to speak with me regarding a potential claim, please pick up the phone and give us a call right now. (770) 934-8000.

Our Firm on Youtube
I was riding on my motorcycle on Pleasant Hill Road. It was about 2:00 p.m. – early afternoon. The roads were dry. This elderly woman pulls out of a fast food restaurant’s parking lot. She was trying to turn left and pulled out in front of me. She didn’t even look – or wasn’t paying attention when she pulled out. I couldn’t swerve to avoid hitting her.

Glenn – thanks for the question.

And I’ll answer this in a little more detail in a moment.

* Over 80 percent of all reported motorcycle accidents resulted in injury or death to the motorcyclist.

* Most of the motorcycle accidents in Georgia occur within the metro-Atlanta area.
* But the majority of the motorcycle related deaths in Georgia occur on rural roads versus city streets.
* Motorcyclists are 35 times more likely to experience a deadly accident on the road than those in passenger cars.
* A 2009 report from the Insurance Institute for Highway Safety showed that 42% of fatal motorcycle crashes involved a vehicle turning left while the motorcycle was going straight, passing, or overtaking the vehicle.
The at fault driver was attempting to turn left out of the fast food restaurant driveway when she pulled out in front of you.

(1) Perform a Bike Safety Check BEFORE you ride!
Start with the tires. Make sure they are property inflated by using a good tire pressure gauge.
Look at your tires to see if they have any surface cuts or foreign objects in them.
Check your lights, turn signals and brakes. Please make sure they are in working order.
(2) Follow the speed limit!

Obeying the speed limit will not only help you keep better control of your motorcycle, it may also give you a little more time to react if a car or truck comes into your lane or pulls out in front of you.

Head injury is the #1 cause of deaths in motorcycle crashes.
In fact, a motorcyclist not wearing a helmet is 40% more likely to die of a head injury than one who wears a helmet.

Georgia requires all riders and passengers to wear a helmet.
It is also a good idea to wear protective eye wear.

This is just one other factor that may help you be seen by other drivers.

And it is always a good idea to wear thick pants, boots, shirts with long sleeves or a heavy protective jacket.

ALWAYS check your blind spot before changing lanes or merging into traffic. Motorcycles can be harder to see than other types of vehicles.

Let’s be attentive to the road when we operate our vehicles.

No Texting and no trying to dial the phone.

She received the ticket for failure to yield.
However, just because she was cited for causing the wreck does not mean her insurance company is going to compensate you fairly for your injuries.
Through no fault of your own, you have no idea what YOUR rights are, nor do you know the insurance company’s responsibilities.
And the insurance company is not in the business of telling you everything that they should be doing for you.

And as soon as they hang up the phone with you, they pick up the phone to speak with THEIR lawyer.

A consumer panel survey of auto accident victims by the Insurance Research Council showed the following:

But this next stat tells the real story . . .

3 and ? times more money.

Suppose an injured victim that DID NOT have an attorney settled their claim for only $3,000.00. If they had hired an attorney, they could have settled the case for $10,500.00.

If you or a loved one has been injured in a wreck, I encourage you to talk with a lawyer.

You owe it to yourself – to your family – to get the help you need.
So give us a call right now. (770) 934-8000.
And stay tuned for more of “Do I Need A Lawyer”

Personal Injury Law

Drivers Know Speeding is Dangerous, but Still Drive Too Fast

There is no question that motorists in the United States know that they shouldn’t speed because doing so endangers them. Four drivers out of five responding to the NTHSA said that going within or close to the speed limit while in the car would make it easier to avoid a car crash or other dangerous situations. A total of 91 percent of respondents said that drivers should obey the speed limit, since doing so is legally required by law.

Not only do drivers believe people should obey the law, but they also believe that something needs to be done to make sure they do. A total of 48 percent said that they thought it was “very important” for “something to be done to reduce speeding on U.S. roads.”

Nearly One in Ten Motorists Are Killed Due to Distracted Driving
Study compares driving habits of U.S., European drivers

A recent CDC news release compared distracted driving rates in the United States to the habits of drivers across several European countries including Belgium, France, Spain and the United Kingdom.

The survey revealed that 69 percent of U.S. drivers aged 18-64 admitted to talking on their cell phone within the past month across the United States. On the other hand, European countries reported rates that varied from 21 percent (United Kingdom) to 59 percent (Portugal).

Distracted Driving Lawyer

What are the 3 things YOU must prove in your personal injury claim?

Welcome to “Do I Need A Lawyer?”

If you have a question you would like for me to answer, or if you would like to speak with me regarding a potential claim, please pick up the phone and give us a call right now. (770) 934-8000.

Gary: My wife and I were hurt in a car accident about a month ago. We were not at fault. I am ok but my wife is not. The other driver slammed into the passenger side door where she was riding. She is still treating with the doctor. We are already getting a lot of medical bills in the mail. If we hire a lawyer, what do we have to prove to be able to recover from the driver’s insurance company?
Our staff of legal professionals are standing by right now to take your information.
The call is completely confidential, there is no obligation, and the consultation is free.
Or you can email me your question.

Jeff in Decatur
Gary: My wife and I were hurt in a car accident about a month ago. We were not at fault. I am ok but my wife is not. The other driver slammed into the passenger side door where she was riding. She is still treating with the doctor. If we hire a lawyer, what do we have to prove to be able to recover from the driver’s insurance company?
Jeff – thanks for the question though I’m sorry to hear about your wife’s injuries and the wreck.

* Someone was negligent in causing the wreck (besides our client);
* This person’s negligence was the proximate cause of our client’s injuries;

This may sound somewhat complicated so let me break down each of these 3 elements for you:

When the defendant rear-ends your car because he did not get his brakes repaired, even though he knew they were not working properly, he is negligent.

Following too closely
Driver distractions due to using a cell phone or adjusting the radio

Failure to yield while turning left

Proximate Cause:
Once we prove the other driver was negligent, then we must show that this negligence was the proximate cause of your injuries.

You are at a complete stop at a red light.

Here is another example:
You have a green light allowing you to proceed straight through the intersection.
The Defendant is traveling in the opposite direction.
He does not see you and he attempts to turn left in front of your car and crashes into your vehicle. You sustain a broken arm and leg in the crash.
His failure to yield while turning left is the proximate cause of the collision and your injuries.
(3) Damages:

Medical bills, including:
-ambulance

-radiology
-medical doctors and specialists

-physical therapy
-prescriptions

Lost wages:

It can be very problematic, however, if someone misses time from work but is paid “under the table” and there is no record on the books. It gets even messier when there is no mention of this work on the tax returns.
Transportation costs

This is clearly money that is coming out of your pocket that you would not have lost if the car wreck never happened.

FUTURE medical expenses

The key component to making a claim for these future medical expenses is to get a doctor’s narrative addressing the medical needs, why they are necessary, how they were caused by the wreck, and the costs of the procedure(s).

The standard for proving future lost wages is simple, yet can sometimes be a difficult hurdle to overcome.
The way a jury measures future lost income is for them to determine what the plaintiff would otherwise have earned in his job or profession but for the injury.
The future lost earnings cannot be speculative and you must have documentation to substantiate your claims.

Sometimes the defendant’s conduct in causing the wreck or his actions immediately after the wreck are so egregious that the law allows us to seek additional damages known as punitive damages.
The purpose of punitive damages is to punish, penalize, or deter the Defendant from repeating the conduct.
For example, punitive damages can be sought in wrecks where:
– The Defendant causes a wreck and attempts to flee or does flee the scene of the collision.

There is a legal presumption under Georgia law that a person is driving under the influence if their blood alcohol level is above .08.
General damages are designed to compensate an injured victim for losses such as pain and suffering, emotional suffering, hardship, or inconvenience.
These damages are hard to quantify for everyone and are highly subjective, so the law instructs the judge or jury to assign these damages on an individual basis.

There is an old saying that “[T]he easiest pain to bear is someone else’s.”
There is a lot of truth to that statement.
It is a challenge to get a jury to understand the degree of pain and suffering someone experiences because of a wreck – especially when the injuries are not visible.
This is clearly one of those areas where an experienced personal injury attorney can help argue the specifics of your case to the insurance adjuster.

You have absolutely nothing to lose by calling a lawyer, but think of all you can lose if you don’t!

The consultation is FREE and completely confidential.

And I encourage you – if you don’t call us, please call someone to help you with your claim.

Personal Injury Law

SEGMENT: Tractor Trailer Wrecks
You are watching “Do I Need A Lawyer?” and I thank you for joining us.

My dad was driving on the interstate and a guy driving a tractor trailer

He spent the night in the hospital due to his injuries.

I told him “yes.” What do you think?”

But let me start off by saying the men and women that are out there driving tractor trailers are extremely important to our economy.
Most are very conscientious professionals.
They are careful about how they drive their rigs.
And they make sure that the tractors they are operating and the trailers they are pulling are in the safest condition.
Unfortunately, not ALL of them perform that way ALL of the time.
Some people refer to Tractor Trailers as

And for good reason . . .

Let me give you an example:
Federal law requires Truck drivers to keep a log of their hours.
This log reflects when they start their day, all stops along the way, and certifies that they have inspected their vehicles.
These logs can also be used as evidence that the driver was speeding between his last stop and where the wreck occurred,
or that he suffered from driver fatigue because of the number of hours he spent on the road.

We look to see how well the tractor and the trailer are maintained.

Plus these trucking companies must use strict standards when they hire these truck drivers.

(3) Pay attention to the trucks turn signals and don’t travel for long periods of time next to a tractor trailer.

Call a lawyer. If not us, please call a lawyer that has experience handling tractor trailer claims. It is a BAD idea to try and take on the trucking company, their insurance company, and their lawyers by yourself.

The consultation is FREE and completely confidential.

So give us a call right now. (770) 934-8000.
And stay tuned for more of “Do I Need A Lawyer”. We’ll be right back.

Truck Accident Lawyers

Don’t Jeopardize Your Career. Contact a TX Professional License Defense Lawyer

You earned a professional license in Texas. You may have undergone years of training, but now your future is in jeopardy. When someone files a formal complaint that could threaten your license and your career, you need to need to take strong, immediate legal action. Don’t simply assume the complaint will go away because you believe it does not have any merit. You need to take such complaints seriously right from the start. You need an experienced, knowledgeable professional license defense lawyer on your side, fighting for your rights. You need the Bertolino Law Firm.

Serving licensed professionals throughout Texas, the top-rated Bertolino Law Firm has a well-deserved reputation for helping people get their lives back on track. If someone has filed a complaint against you or your business, we can work with you to build a strong case and do everything we can to get such complaints dismissed.

Serving medical professionals in Austin, Houston and San Antonio, Texas

Medical professionals dedicate years of their lives training to be doctors, surgeons, nurses and other highly skilled workers. They then often spend many more years building a solid reputation for being exceptional at their job. But sometimes a complaint is filed, which can tarnish a medical professional’s reputation. The complaint may be baseless, or there may be extenuating circumstances. Whatever the reason is behind a complaint, it’s a critical moment in your professional life and you will need to take immediate action.

If someone has lodged a formal complaint against you and your license, your professional reputation and good name are on the line. Don’t underestimate the seriousness of such complaints, no matter how unfounded they might seem. You need to take any formal complaint seriously right from the start. Your professional medical license could be at risk of being suspended or revoked. Don’t take chances. Contact us. The Bertolino Law Firm – Medical Board Defense Lawyer TX.

License Defense Lawyer

Do you need to find a competent personal injury attorney? Are you wondering what can be done to locate a personal injury lawyer that meets the needs you have? Keep reading to learn more about how to find the right personal injury lawyer so that you are in good hands.

The Law Offices of Peter W. Summerill
515 S 700 E Suite 3R
Salt Lake City, UT 84102
(801) 326-8400
www.attorneysummerill.com

If accused of committing a grave crime, the number one thing for you to do is hire an personal injury attorney. Let your personal injury lawyer guide you, because after all they are the real experts. An experienced personal injury lawyer will be able to handle your situation appropriately.

You’ll have to agree with your personal injury lawyer on a good meeting time. There are personal injury attorneys who do not regularly contact their clients. Setting a schedule from the start is a good way to sidestep such issues.

Never pick the first personal injury lawyer you find in the phone book. You must put in the research in order to get the best choice. When I used a personal injury lawyer without doing my research, the situation turned out badly. Be careful.

Record every time you interact with your personal injury lawyer. Note the time, date, what you talked about, any money you paid, and what they said your bill was. This will help you if there are any billing or other issues later.

When searching for a personal injury lawyer who specializes in business, try getting recommendations from businesses. Business people who regularly deal with personal injury lawyers probably have better information about them than others would. Small businesses should refer to bankers for advice. This group of people may be able to provide better information than an impersonal bar association.

Understand your spending limits. Make sure you have plenty to cover the costs. Research the costs of similar cases charged by personal injury attorneys you are considering. Talk about your expenses and if you can work out a payment plan. Know that cost overruns may happen.

Before you hire your personal injury lawyer, check their record for complaints. When they have a ton of complaints, skip them.

Your case might suffer if the workload of your personal injury lawyer is too heavy. Discuss time availability with a prospective personal injury lawyer in advance. Their honesty is key in being able to choose the right candidate.

Having a personal injury lawyer who is wrapped up in tons of other cases can cause your case to not get the attention it deserves. To make sure your personal injury attorney has time to properly handle your case ask them up front. They should be honest about their schedule so you can find a personal injury lawyer who has the time you need to get the job done.

You should use the Internet to find out more about different personal injury lawyers. Nearly all businesses have an online presence these days, and that includes personal injury lawyers. First, examine their website to guarantee that they are professional. If the site is clumsy or incomplete, that personal injury lawyer may not know what they’re doing.

Dealing with personal injury lawyers is ideally a useful, productive experience. You should now feel that you can have a personal injury lawyer you can trust to resolve your case. Utilize the tips in this piece to identify the very best personal injury lawyer for you.