Personal Injury Crash Accident ends up in a DUI / DWI Arrest

Thursday, November 12th, 2009

The Morrisville State Police ran investigation of a single vehicle personal injury accident on the corner of the Erieville Rd at Hardscrabble Rd the Town of Nelson.

The police Investigation has showed that an 1998 Toyota Camry vehicle was going northbound on corner of the Erieville Rd when the vehicle driver lost the control and attempted to exit the east shoulder while striking the main guiderail. The vehicle driver then exited the west shoulder and went striking the ditch. The driver and the passenger were offered assistance.

The vehicle operator was Jonathan V. who was of age 19 and was subsequently arrested for DUI / DWI. He was processed at the SP Morrisville, where they took a breathalyzer sample of .16 BAC%. Later he was charged with DUI / DWI, also driving with BAC greater than .08% and also unsafe speeding. Passenger in the vehicle who was with him at the time Eric J. age of 21 has suffered multiple facial lacerations in the mentioned accident. The passenger was being treated at the scene by the ambulance and then later on he was transported to Community Memorial Hospital where he was undergoing some further treatment.

Tags: dui, dui arrest, dwi, dwi arrest, personal injury, personal injury accident
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Injury Suits Distinction Discarded

Friday, June 5th, 2009

A lawsuit was filed by Valerie Koenig, a woman living in Des Moines who tripped in her son’s house over a carpet-cleaner. She sued due to suffering a leg injury. However, she lost in a Polk County court. Consequently, she appealed, saying that the judge relied on jury instructions already outdated in modern society.

In the past, property owners need to warn allowed visitors and invited visitors on potential dangers. Those who were invited to the property could sue if the owner failed to warn them of these dangers. However, those merely allowed to visit (or “licensees”) could not.

This centuries-old provision that differentiates between people invited onto private property or those merely allowed to visit has been dissolved by the Iowa Supreme Court. The lawyers said that the decision eliminated an outdated rule leading to confusion among jurors as well as conflicting results in courtrooms.

Justice Brent Appel described the ruling on Friday as a “higher valuation given to public safety as compared to property rights.” As a result, justices returned Koenig’s case to Polk County to undergo a new trial. If she can prove that her son showed “general negligence,” then she could have a good chance of winning the case.

Tags: Des Moines, Injury, Justice Brent Appel, lawsuit, leg injury, licensees, personal injury, Polk County court, Valerie Koenig
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Contingent Fees are Common in Personal Injury Cases

Wednesday, June 3rd, 2009

When the attorneys earn a fee or a percentage of the client’s claim, it’s called “contingent fees.” These are typical fees given in personal injury cases throughout the United States. There are various advantages in giving this incentive to the lawyers to encourage them to claim the best outcome for you.

In fact, a study (Behavioral Analysis of Contingent Fees) at University of Jerusalem done by professors reached a conclusion contrary to common economic wisdom:

• *Counter-intuitively, people judge contingent fees yielding low effective hourly rate for the lawyer as unfair compared to contingent fees yielding high effective hourly rate.
• *Lack of alternatives and information problems are not such big factors to be considered in the fee arrangement chosen by clients.
• *Loss aversion (instead of risk aversion or giving incentives to win the case) may play a major role in the preference of clients for contingent fees.
• *Facing a choice between one mixed gamble and one pure positive one, the plaintiffs would prefer contingent fees even if that yields an expected fee several times higher compared to a non-contingent one.
• *Defendants facing a choice between two negative gambles typically risk preferring and seeking fixed fees.
• .

Tags: attorneys, Behavioral Analysis of Contingent Fees, contingent fees, Injury, lawyer, lawyers, personal injury, University of Jerusalem
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Do you Understand Personal Injury Law?

Sunday, May 24th, 2009

Contrary to popular belief, many U.S. citizens do not understand the benefits that they could claim if they will contact an injury lawyer. Some people also prefer to keep silent when encountering a personal injury because they don’t want to expose it to public’s view.

Be forewarned however, that personal injuries do not necessarily equate to a money claim. Good personal injury lawyers don’t just take-on any personal injury case. The prospective clients need to have a credible story – this means that they must not attempt to manipulate the facts or express unreasonable expectations.

Personal injury lawyers can help you gain compensation for endurance of suffering and pain, doctor’s bills or other related medical expenses (such as home care), and lost time from work. In addition, these lawyers can help you decide whether the case consists of either tort (wrongful act done willfully) or negligence.

An example of tort is when an electrical apprentice was asked by the supervisor to scavenge a repair part in a locked-off power station, knowing that it’s a very dangerous place. An example of negligence is when a tractor was left without enforcing the proper brakes, and side-swiped a car passing by.

Typical injuries are sustained in car accidents or on-the-job accidents. But a personal injury case may also deal with construction defect, product liability, or price fixing.

Tags: car accidents, injury lawyer, negligence, on-the-job accidents, personal injury, personal injury lawyers, tort
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Tort Law Explained

Monday, May 18th, 2009

Civil wrongs that result in harm or personal injury constituting grounds for a lawsuit are called torts. Therefore, tort law addresses conflicts between entities (e.g. pharmaceutical company) or private individuals. It’s the type of law governing personal injury claims and it serves these purposes:

• -To ensure that the aggrieved or injured party receives compensation for damages, and
• -To deter other entities and individuals from committing the same harm.

Tort law is determined by individual states through legislative and judicial action. Although rare, a tort claim may also be made under the federal law. One example of this is a civil rights violation.

Most personal injury cases may fall under tort law. It covers a wide range of cases involving product liability, medical negligence, boating accidents, motorcycle accidents, and car accidents. Under this law, injured parties may recover damages for suffering, pain, medical expenses, and existing loss of earning or future loss of earning capacity.

Some torts are considered as punishable crimes. However, tort law is entirely different from criminal law. Torts can be remedied with monetary means while crimes are concerned with punishment in jail. So if you are searching for someone to defend you and help your claim, search for an experienced personal injury lawyer through an online directory.

Tags: federal law, law, online directory, personal injury, personal injury attorney, tort claim, tort law
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Insurance Companies may Cheat you

Tuesday, May 5th, 2009

Victims of personal injury usually don’t know how much they could claim for a back injury or car accident insurance settlement. Every case is different.

In a regular claim, the company attorney or adjuster will determine the settlement amount. However, if you deal directly with them without the presence of an attorney, the insurance company may try to convince you that your claim is really not worth too much. The common strategy is to give you a small offer and would threaten you to “take it, or otherwise, leave it.”

On the other hand, if you consult personal injury attorneys, they would naturally know how much a case is worth based on their experience. If you allow them to negotiate for you, it’s in their best interest to claim for a higher amount (they’ll earn more if they can get more settlement for you). For example, a common initial offer is $500 for your pain and suffering. However, an experienced personal injury attorney would have gotten $5,000 for the same claim.

The amount you can claim for back injury settlements would depend on many factors:

· The severity of the injury

· The length of treatment

· The amount of permanent damage done

· How much work or pay was lost

· The effect on your lifestyle

· The kind of job you could have had if there was no injury that took place.

Tags: attorney, personal injury, personal injury attorney, personal injury attorneys
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Wrongful Death Cases Explored

Wednesday, April 29th, 2009

Medical malpractice and wrongful death are cases involving lawsuits or claims where another’s negligence, product, or conduct caused death. These cases may involve family members of decedents, administrators, estates, and executors.

Most of the time, the period after suffering the fatality could be overwhelming. Experts recommend that you communicate with the investigators. Of course, it also helps if you have a lawyer who will remain objective and understanding in dealing with the parties involved.

Aside from this, you could also be involved in the estate’s personal injury lawsuits and claims. Most likely, these cases were unresolved before the death of the decedent. For example, when somebody was injured from a car accident before death, it may not necessarily lead to a lawsuit against the person responsible for it.

First, an investigation should be conducted on whether the death of the decedent was due to the injuries sustained from the car accident or not. Sure, the case of the deceased will still proceed; however, it may involve unique challenges due to the absence of the decedent’s direct testimony.

Bear in mind that the estate attorney you need to hire should have experience in handling or litigating death claims. Also, he or she should not have conflict of interest between the litigants and the estate. If you wish to find a new attorney or change your existing one, it’s best to seek referral from an attorney directory online.

Tags: attorney directory, estate attorney, Injury, lawyer, medical malpractice, personal injury, Wrongful death
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Detailed Documentation is Essential in a Personal Injury

Tuesday, April 28th, 2009

A lot of people involved in an accident don’t seek prompt medical attention. As a result, they fail to document the result of the accident and how it occurred. So when it’s time for them to file the insurance claim, they don’t have proof of evidence to support it.

Lawyers recommend that you proceed to an emergency room or hospital and see a doctor right away after an accident. Don’t just go home even if there are no physical injuries in your body. If the test results turn out that you’re not seriously hurt, then that’s great. However, if there is an underlying serious injury, then you’ll be treated right away. Also, this fact will be documented by the attending emergency room doctor.

Also, don’t just rely on the police to get all the necessary information. You need to write down names, phone numbers, and addresses of the witnesses during your injury. These people can help testify and support your version of the story.

Then, write an incident report detailing what happened and how the injury affected you – how you feel, your time loss from work, and other costs associated with your sustained injuries. This kind of documentation will not just help you remember the facts clearly, but more importantly, it can be a major tool to recover due damages from the insurance company of the other party.

Tags: accident, documentation, incident report, Injury, lawyers, personal injury
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