There are all those advertisements by lawyers on television that say you must have a lawyer to protect your rights. Then there is the insurance company that is handling your claim that insists that they are doing everything necessary for you. Who do you believe?
It should never hurt you to consult an attorney. Many law firms, such as ours, will meet with you and even make initial consultations at no cost to you. It is a good idea to at least consult with a reputable attorney to make sure that you are informed about your legal rights and duties. The law changes every day and a lawyer should be able to inform you. Insurance companies will certainly tell you about changes in the law that benefit them, but they do not have a duty to inform you of your rights.
Monday, May 30, 2011
What If I Think My Child Was Injured by a Vaccine?
Some vaccine manufacturers have put profit ahead of safety. As a result, children have suffered anaphylaxis or anaphylactic shock, encephalitis, chronic arthritis, measles, polio, and so forth. Some children have even died. In response, the National Childhood Vaccine Injury Act was passed around 1986.
A vaccine injury claim under the Act must be filed with the U.S. Court of Federal Claims in Washington, DC. A claim under the Act precludes a claim in a local court. There are fairly short deadlines for filing the claim so it should be filed as quickly as you suspect an injury is caused by a vaccine. Once filed, the claim is broken down into two phases: "entitlement" and "damages". The U.S. Department of Justice files an objection to the claim.
Overall a vaccine claim takes longer than a typical tort claim. First, a special master (rather than a judge) decides if the vaccine was more likely than not the cause of the injury. If not, the special master’s decision can be appealed. If so, the claim moves forward for a damages determination. As with causation, damage claims may need to be supported with expert witnesses. A monetary award may be given for past medical bills, future medical bills, lost wages, lost future wages, non-wage economic loss.
The average injury damage award hovers around $1 million. Monetary awards for death cases are limited to $250,000. Attorney fees may not be based on a contingency percentage. Rather, the attorney must submit a separate petition for hourly fees and expenses to the special master.
If your child or someone you know has been injured by a vaccine, contact a reputable attorney as soon as possible. Your time to file a claim is limited.
A vaccine injury claim under the Act must be filed with the U.S. Court of Federal Claims in Washington, DC. A claim under the Act precludes a claim in a local court. There are fairly short deadlines for filing the claim so it should be filed as quickly as you suspect an injury is caused by a vaccine. Once filed, the claim is broken down into two phases: "entitlement" and "damages". The U.S. Department of Justice files an objection to the claim.
Overall a vaccine claim takes longer than a typical tort claim. First, a special master (rather than a judge) decides if the vaccine was more likely than not the cause of the injury. If not, the special master’s decision can be appealed. If so, the claim moves forward for a damages determination. As with causation, damage claims may need to be supported with expert witnesses. A monetary award may be given for past medical bills, future medical bills, lost wages, lost future wages, non-wage economic loss.
The average injury damage award hovers around $1 million. Monetary awards for death cases are limited to $250,000. Attorney fees may not be based on a contingency percentage. Rather, the attorney must submit a separate petition for hourly fees and expenses to the special master.
If your child or someone you know has been injured by a vaccine, contact a reputable attorney as soon as possible. Your time to file a claim is limited.
Saturday, May 28, 2011
Never Sign A Release Without Consulting An Attorney
If you have been injured by someone else, never sign a release without first consulting an attorney. Never. A release is a piece of paper that in any way says you forgive someone. Even if you are offered a check, don't sign a release, no matter what your financial situation is.
Even if you are offered a check, a reputable attorney will agree to represent you based on a percentage of what he or she recovers for you in addition to the check you've been offered. Then, the attorney will review the release as part of his or her service to you and give you sound legal advice on how to protect yourself and your future concerning medical costs, etc.
Moral of the story: Never sign a release until you talk to an attorney first.
Even if you are offered a check, a reputable attorney will agree to represent you based on a percentage of what he or she recovers for you in addition to the check you've been offered. Then, the attorney will review the release as part of his or her service to you and give you sound legal advice on how to protect yourself and your future concerning medical costs, etc.
Moral of the story: Never sign a release until you talk to an attorney first.
Thursday, May 26, 2011
What to do in an 18 wheeler crash:
Crashes involving big trucks or commercial vehicles are complex and an attorney should be retained immediately. The responsibilities of the vehicle owner and driver must be analyzed under both federal and state laws, regulations, rules and ordinances. The applicable laws, regulations, rules and ordinances will depend on where the crash happened, where the company has a principle place of business and where the driver lives.
In addition to this analysis, some of the things your attorney may help you with are:
Document the scene of the accident
The best way to do this is by video as quickly as possible. The video should show the scene of the crash from every angle paying particular attention to road conditions, tire marks, gouges in the road surface, strike impressions (these often wear off over time), traffic signals (and controls) drop off, the vehicles, etc. A video from the dash of a comparable vehicle approximating the speed at the point of impact is sometimes pivotal. Photographs will ultimately be needed for presentation.
Interview witnesses
Again, if the witness will agree, the best way to do this is by video.
Secure the vehicles
Many claims require that the vehicle be kept in the crashed condition. If the vehicle is repaired or destroyed before the claim is resolved, the claim may be lost.
Get the records
Determine the driver’s history, the company’s Department of Transportation compliance history, insurance information, incident reports, "black box" data, 911 tapes, etc.
Retain experts
Make an early determination concerning the experts that will be needed to make your claim. For example, biotechnical engineers, accident reconstruction engineers and safety experts are common in these cases.
The work up of cases involving big trucks and commercial vehicles is more urgent than most cases. Many companies have teams on call to respond when their trucks or vehicles are involved in a crash. Often, these teams are working up the scene before the vehicles are towed from the scene or while the injured people are treated. A delay of even a day before you retain an attorney gives them a distinct advantage.
If you have been injured in a trucking crash, we welcome the opportunity to work with you. (205)912-8248
In addition to this analysis, some of the things your attorney may help you with are:
Document the scene of the accident
The best way to do this is by video as quickly as possible. The video should show the scene of the crash from every angle paying particular attention to road conditions, tire marks, gouges in the road surface, strike impressions (these often wear off over time), traffic signals (and controls) drop off, the vehicles, etc. A video from the dash of a comparable vehicle approximating the speed at the point of impact is sometimes pivotal. Photographs will ultimately be needed for presentation.
Interview witnesses
Again, if the witness will agree, the best way to do this is by video.
Secure the vehicles
Many claims require that the vehicle be kept in the crashed condition. If the vehicle is repaired or destroyed before the claim is resolved, the claim may be lost.
Get the records
Determine the driver’s history, the company’s Department of Transportation compliance history, insurance information, incident reports, "black box" data, 911 tapes, etc.
Retain experts
Make an early determination concerning the experts that will be needed to make your claim. For example, biotechnical engineers, accident reconstruction engineers and safety experts are common in these cases.
The work up of cases involving big trucks and commercial vehicles is more urgent than most cases. Many companies have teams on call to respond when their trucks or vehicles are involved in a crash. Often, these teams are working up the scene before the vehicles are towed from the scene or while the injured people are treated. A delay of even a day before you retain an attorney gives them a distinct advantage.
If you have been injured in a trucking crash, we welcome the opportunity to work with you. (205)912-8248
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