Law Pointers

Imagine waking up and being roused from bed on the idea that you have the day off and you will be spending your hard-earned money on a shopping spree you have been planning for ages. You have your clothing all set, mind frame focused on that suit you have been dreaming since you had your first pay check, and all financial resources as good as cash.

You enter your favorite shopping store only to wake up the next day on a hospital bed because of a dreaded accident that you have experienced. Yes, reality indeed bites, and when reality includes being a victim of a slip and fall injury, then not merely would it bite it is coupled with striking pain as well. Slip and fall injuries are part of a class of injuries resulting from premise liability cases. It may be brought about either by spilled beverages, slippery surfaces because of the nature of the flooring surface itself, or the presence of foreign substance that might have led to such a situation.

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“The spinal cord connects the brain to most of our body organs… a minor injury inflicted in this vital part of our body may result to severe and fatal damages.

Most of us have learned the importance of the spinal cord in our body during our schooling. The spinal cord connects the brain to most of our body organs enabling them to perform their respective bodily functions. As an example, if a person needs to carry a pail of water, his brain will send impulses to the corresponding muscle through the nerves found in the spinal cord, then the responsible muscle will perform the job accordingly. Our spinal cord is also a delicate part of our body. Hence, a minor spinal cord injury (SCI) inflicted in this vital part of our body may result to severe and fatal damages.

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Pursuing a personal injury claim puts you in an unfamiliar situation. You’ll have to think carefully before you speak to anyone. From the adjuster, to the defendant, to the police officer at the scene - what you say makes a difference.

Never forget that the insurance company wants to save money. When processing your claim they’ll use anything you say against you in order to lower your settlement payment.

Litigation and claim processing really starts the moment an accident happens. You can make or break your case depending on how you handle yourself immediately after the accident. You must collect and pay attention to evidence, and you need to keep a clear record of what you see.

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Life is very much unpredictable. No one knows what is in store for him or her. We all take life as it comes. We do make plans but as the famous saying goes “man proposes God disposes”, it seems like we never get to materialize what we plan. In fact we tend to move along the path that has been already set for us by some unforeseen force. As we enter a new day we face some or the other surprise, and these surprises, like the very path of life, is at times good and at times dreadful. At times these dreadful incidents come in the form of serious accidents. Accidents can be a result of various things like our carelessness or because of the carelessness of somebody else. When we face an accident that is caused by somebody else, like an individual or an organization, the best person whom we can approach for help is a New York personal injury lawyer. A New York personal injury lawyer is one person who can be of tremendous help to any person who has become a victim of such an accident case which involves some other person or an organization.

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The dangerous effects of asbestos have been known for over sixty years, but many companies continue to manufacture and use the product. While laws vary between states, companies that knowingly exposed people to asbestos can usually be held liable and the victims of asbestos related diseases are entitled to file a lawsuit seeking reparation for medical bills, lost time, and pain and suffering. As the senate prepares a bill to protect large companies that are going bankrupt from asbestos lawsuits, this process is becoming more difficult.

What will you need to prove?

Laws governing liability and compensation for asbestos related diseases vary between states, but asbestos related victims will generally need to prove that a party that used the product knowingly exposed them to dangerous levels of asbestos.

The first thing a victim of mesothelioma or other asbestos related diseases will need is health records and specialist testimonies correlating the side effects of the disease directly to asbestos exposure. Mesothelioma can result from other factors in rare cases, so this becomes vitally important to an effective lawsuit.

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Have you got a case? Do you know when you need a personal injury attorney?

Most people assume you only need a personal injury attorney for a auto accident. Clearly, when you have an auto accident that results in an injury to yourself caused by others then hiring a personal injury attorney would be prudent, but there are many instances when a personal injury attorney may be of use to you for all sorts of accidents caused by others.

The key question when assessing whether you need to hire an attorney regarding a claim is “has there been negligence caused by another?” If there has been no negligence, intentional or otherwise, then there can be no claim. For instance, as you walk down the sidewalk your toe catches on a loose paving slab. You fall and break your wrist. In this instance the persons or authority charged with maintaining the sidewalk is negligent for letting the sidewalk fall into dangerous disrepair. If, however on your walk about town, you trip on a sidewalk for no reason other than your own clumsiness and break your wrist only you are responsible. The side walk is in good working order only you are negligent for not taking more care.

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Most whiplash injuries occur when you are in your car and another car smacks into the backend of your car. The impact of the collision pushes your car forward and your whole body is thrown forward and then backwards. People who experience whiplash may develop one or more of the following symptoms, usually within the first two days after the accident, neck pain and stiffness, headaches, pain in the shoulder or between the shoulder blades, low back pain, pain or numbness in the arm and/or hand dizziness ringing in the ears or blurred vision, difficulty concentrating or remembering, irritability, sleep disturbances, fatigue.

The extent and type of injuries varies from person to person. Most injuries are to soft tissues such as the disks, muscles and ligaments, and cannot be seen on standard X-rays. Your doctor may need to request specialized tests. Most people recover quickly although a small number develop chronic conditions that result in severe pain and sometimes disability.

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The most complex case a plaintiff’s lawyer can face is one where his client suffers a brain injury as a result of an accident. It is difficult because 9 out of 10 traumatic brain injury cases involve injuries that are not visible to ordinary people. So how will a jury believe that your client suffered a brain injury?

Obviously there are the straightforward brain injury cases where the plaintiff suffered a fracture to his or her skull and all experts agree that there was organic damage which is causing the plaintiff’s symptoms.

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