Personal Injury

According to the National Highway Transportation Safety Administration, only 70 percent of recalled vehicles ever get the necessary repairs.
Sometimes, owners ignore recalls. Sometimes, owners never get recall letters. Often, people buy cars used and don’t know that the cars were recalled. The law does not require owners to notify subsequent buyers of recalls on their cars. Ultimately, the responsibility to check for recall rests with the current owner of the car.
So if you’ve missed a recall, and got in a car accident that might have been caused by a defect in your car, can you still sue?

Get Your Car Fixed
The best thing to do is be proactive. Regularly check your car for recalls, especially when you buy a used car. NHTSA has a tool on its website that you can use to check your car for relevant recalls.
If you do discover that your car has been recalled for any reason, get it fixed. NHTSA states that there is no time limit on getting your recalled car fixed. So even if you discovered a recall five years after it was issued, dealers will usually still honor the recall and fix your car.
There are some exceptions that may prevent your car from getting fixed. For example, cars that are older than 10 years at the time a recall was issued may not be fixed at no cost to the owner. However, if a defect makes your car unsafe to drive, do not neglect to get it fixed.
Statute of Limitation
If you’ve already been involved in a car accident caused by a recalled defect, you’ll want to consult an attorney as soon as possible. Most states have statutes of limitation for bringing lawsuits.
A statute of limitation is a time limit, created by law, on how long after an injury or accident you can bring a claim for damages. For example, Alabama has a one year statute of limitation for product defect claims. This means that you have one year after an injury caused by a product defect is or should have been discovered to file a claim.
Contributory and Comparative Negligence
If you’ve ignored a recall, the car manufacturer may try to argue that you should not be compensated because you are either contributorily negligent or comparatively negligent.
Contributory and comparative negligence asserts that you also acted negligently and caused part of your injury. Under contributory negligence, if your refusal to get a recalled defect fixed was a major cause of your accident, you won’t be able to recover any damages. Under comparative negligence, your damages recovery may be reduced in proportion to your fault for causing the damage. So if you were 25 percent at fault, your damages award will be reduced by 25 percent.
If you’ve been injured in a car accident due to a defect, an experienced personal injury attorney can help you assess your injury and your options.
Related Resources:

Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
Car and Motor Vehicle Recalls: Resources (FindLaw’s Learn About The Law)
GM Recall: Do You Need a Lawyer? (FindLaw’s Injured)
Can I Sue After a Recall? (FindLaw’s Injured)

Source: Legal Law Firm

According to the National Highway Transportation Safety Administration, only 70 percent of recalled vehicles ever get the necessary repairs.
Sometimes, owners ignore recalls. Sometimes, owners never get recall letters. Often, people buy cars used and don’t know that the cars were recalled. The law does not require owners to notify subsequent buyers of recalls on their cars. Ultimately, the responsibility to check for recall rests with the current owner of the car.
So if you’ve missed a recall, and got in a car accident that might have been caused by a defect in your car, can you still sue?

Get Your Car Fixed
The best thing to do is be proactive. Regularly check your car for recalls, especially when you buy a used car. NHTSA has a tool on its website that you can use to check your car for relevant recalls.
If you do discover that your car has been recalled for any reason, get it fixed. NHTSA states that there is no time limit on getting your recalled car fixed. So even if you discovered a recall five years after it was issued, dealers will usually still honor the recall and fix your car.
There are some exceptions that may prevent your car from getting fixed. For example, cars that are older than 10 years at the time a recall was issued may not be fixed at no cost to the owner. However, if a defect makes your car unsafe to drive, do not neglect to get it fixed.
Statute of Limitation
If you’ve already been involved in a car accident caused by a recalled defect, you’ll want to consult an attorney as soon as possible. Most states have statutes of limitation for bringing lawsuits.
A statute of limitation is a time limit, created by law, on how long after an injury or accident you can bring a claim for damages. For example, Alabama has a one year statute of limitation for product defect claims. This means that you have one year after an injury caused by a product defect is or should have been discovered to file a claim.
Contributory and Comparative Negligence
If you’ve ignored a recall, the car manufacturer may try to argue that you should not be compensated because you are either contributorily negligent or comparatively negligent.
Contributory and comparative negligence asserts that you also acted negligently and caused part of your injury. Under contributory negligence, if your refusal to get a recalled defect fixed was a major cause of your accident, you won’t be able to recover any damages. Under comparative negligence, your damages recovery may be reduced in proportion to your fault for causing the damage. So if you were 25 percent at fault, your damages award will be reduced by 25 percent.
If you’ve been injured in a car accident due to a defect, an experienced personal injury attorney can help you assess your injury and your options.
Related Resources:

Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
Car and Motor Vehicle Recalls: Resources (FindLaw’s Learn About The Law)
GM Recall: Do You Need a Lawyer? (FindLaw’s Injured)
Can I Sue After a Recall? (FindLaw’s Injured)

Source: Legal Law Firm

Car accidents are never pleasant, but they can really spoil a perfect vacation when they occur while you are traveling. And an injury can make it even worse.
In many ways, international car accidents are handled in similar ways to those at home. But there might be some big differences, depending on where you’re visiting. Here are some things to consider if you are injured in a car accident in another country.

First Steps
What you do right after a car accident abroad should be the same as what you do after an accident at home. First, assess the damage. Make sure everyone is OK, that anyone injured receives medical attention, and that the cars involved in the accident are not a danger to other traffic or pedestrians.
Second, alert the authorities. Whether you’re in Rome, Italy or Rome, Georgia, you should call the police to any serious auto accident. Having an official report of the accident will help later.
Third, document the accident. To the extent you can, make your own notes and take your own photos of the crash and any injuries in case any conflict arises later.
International Insurance
Much of the above advice is designed to help in future insurance filings. Whether your car insurance covers an accident in another country will probably depend on what kind of insurance you have and what country you are in. You should check with your policy to see if you are covered if you’re driving your own car in another country like Mexico or Canada.
If you rented a car in another country and purchased insurance for the rental, you should contact the rental company and/or the insurance carrier immediately after any accident. It would also be a good idea to get as much insurance information from the other driver, if possible.
If you or the other driver was uninsured, or if you are having difficulty dealing with an insurance agency, you might want to contact an injury attorney to assist in handling your claim.
Related Resources:

Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
Do You Need a Lawyer for Your Car Accident Case? (FindLaw’s Injured)
Car Accident Checklist: 5 Things to Do at the Scene (FindLaw’s Injured)
Is It Too Late to File My Car Accident Claim? (FindLaw’s Injured)

Source: Legal Law Firm

Car accidents are never pleasant, but they can really spoil a perfect vacation when they occur while you are traveling. And an injury can make it even worse.
In many ways, international car accidents are handled in similar ways to those at home. But there might be some big differences, depending on where you’re visiting. Here are some things to consider if you are injured in a car accident in another country.

First Steps
What you do right after a car accident abroad should be the same as what you do after an accident at home. First, assess the damage. Make sure everyone is OK, that anyone injured receives medical attention, and that the cars involved in the accident are not a danger to other traffic or pedestrians.
Second, alert the authorities. Whether you’re in Rome, Italy or Rome, Georgia, you should call the police to any serious auto accident. Having an official report of the accident will help later.
Third, document the accident. To the extent you can, make your own notes and take your own photos of the crash and any injuries in case any conflict arises later.
International Insurance
Much of the above advice is designed to help in future insurance filings. Whether your car insurance covers an accident in another country will probably depend on what kind of insurance you have and what country you are in. You should check with your policy to see if you are covered if you’re driving your own car in another country like Mexico or Canada.
If you rented a car in another country and purchased insurance for the rental, you should contact the rental company and/or the insurance carrier immediately after any accident. It would also be a good idea to get as much insurance information from the other driver, if possible.
If you or the other driver was uninsured, or if you are having difficulty dealing with an insurance agency, you might want to contact an injury attorney to assist in handling your claim.
Related Resources:

Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
Do You Need a Lawyer for Your Car Accident Case? (FindLaw’s Injured)
Car Accident Checklist: 5 Things to Do at the Scene (FindLaw’s Injured)
Is It Too Late to File My Car Accident Claim? (FindLaw’s Injured)

Source: Legal Law Firm

Construction is a hazardous job filled with perils that could cause illness, injuries, and even death.
According to OSHA, 20 percent of all workplace fatalities in 2013 occurred in construction. This equals 828 deaths. While there are many sources of construction site injuries, construction’s Fatal Four accounts for over 57 percent of construction workers’ deaths in 2013.

Construction’s Fatal Four
OSHA identifies the four leading causes of worker death on construction sites as:

Falls — Falls caused 302 deaths in 2013. Construction workers are often required to work from high scaffolding, ladders, windows, or roofs. OSHA regulation 1926.501 requires employers to have fall protection systems such as guardrail systems, safety nets, or personal fall arrest systems.
Being struck by objects — Falling objects caused over 80 deaths when they struck unsuspecting workers below. OSHA regulation 1926.501(c) specifically addresses protection from falling objects. The regulations require employers to erect canopies, toe boards, screens or guardrails systems and to keep objects away from edges from which they could fall. Employees must also wear hardhats.
Electrocutions — Electrocutions follows closely behind being struck by objects, causing 71 fatalities in 2013. According to OSHA, employers have a duty to ensure that electric equipment are free from recognized hazard likely to cause death or physical harm to employees.
Being caught in or between equipment — This fourth cause of construction deaths trails far behind the other 3, only causing 21 deaths in 2013. In these situations, construction workers are often caught in large machinery or between large fallen supplies.
In happier news, the number of work place deaths has actually declined 66 percent since 1970.
Workers’ Compensation
If you’ve been injured in a workplace accident, you may be eligible for workers’ compensation. Workers’ compensation will pay for your medical bills and compensate you for lost wages. How much money you’ll get and whether you qualify depends on the workers’ compensation laws of your state.
However, you’ll generally be eligible for workers’ compensation if you can show that the injury was work related. Work related means the injuries were caused by the conditions of your work place or your work duties.
If you’ve been injured, go to a doctor and get treatment immediately. Then, notify your employer of the injury, and file a claim as soon as possible. Most workers’ compensation laws have time limits on when you can file a workers’ compensation claim.
An experienced local workers’ compensation attorney will be able to help you assess your injury and file a timely claim.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Can You Get Workers’ Comp for a Back Injury? (FindLaw’s Injured)
Can I Get Workers’ Comp For Stress? (FindLaw’s Injured)
Can I Use Workers Comp’ Insurance on Medical Marijuana? (FindLaw’s Injured)

Source: Legal Law Firm

Construction is a hazardous job filled with perils that could cause illness, injuries, and even death.
According to OSHA, 20 percent of all workplace fatalities in 2013 occurred in construction. This equals 828 deaths. While there are many sources of construction site injuries, construction’s Fatal Four accounts for over 57 percent of construction workers’ deaths in 2013.

Construction’s Fatal Four
OSHA identifies the four leading causes of worker death on construction sites as:

Falls — Falls caused 302 deaths in 2013. Construction workers are often required to work from high scaffolding, ladders, windows, or roofs. OSHA regulation 1926.501 requires employers to have fall protection systems such as guardrail systems, safety nets, or personal fall arrest systems.
Being struck by objects — Falling objects caused over 80 deaths when they struck unsuspecting workers below. OSHA regulation 1926.501(c) specifically addresses protection from falling objects. The regulations require employers to erect canopies, toe boards, screens or guardrails systems and to keep objects away from edges from which they could fall. Employees must also wear hardhats.
Electrocutions — Electrocutions follows closely behind being struck by objects, causing 71 fatalities in 2013. According to OSHA, employers have a duty to ensure that electric equipment are free from recognized hazard likely to cause death or physical harm to employees.
Being caught in or between equipment — This fourth cause of construction deaths trails far behind the other 3, only causing 21 deaths in 2013. In these situations, construction workers are often caught in large machinery or between large fallen supplies.
In happier news, the number of work place deaths has actually declined 66 percent since 1970.
Workers’ Compensation
If you’ve been injured in a workplace accident, you may be eligible for workers’ compensation. Workers’ compensation will pay for your medical bills and compensate you for lost wages. How much money you’ll get and whether you qualify depends on the workers’ compensation laws of your state.
However, you’ll generally be eligible for workers’ compensation if you can show that the injury was work related. Work related means the injuries were caused by the conditions of your work place or your work duties.
If you’ve been injured, go to a doctor and get treatment immediately. Then, notify your employer of the injury, and file a claim as soon as possible. Most workers’ compensation laws have time limits on when you can file a workers’ compensation claim.
An experienced local workers’ compensation attorney will be able to help you assess your injury and file a timely claim.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Can You Get Workers’ Comp for a Back Injury? (FindLaw’s Injured)
Can I Get Workers’ Comp For Stress? (FindLaw’s Injured)
Can I Use Workers Comp’ Insurance on Medical Marijuana? (FindLaw’s Injured)

Source: Legal Law Firm

If a patient dies because of misconduct by doctors or medical personnel, surviving family members may be able to recover damages by bringing a wrongful death lawsuit. And if medical malpractice causes a mother to die during her pregnancy or childbirth, her survivors, including the baby could file a wrongful death of the mother claim.
While these claims may look like standard wrongful death or medical malpractice lawsuits, there are some considerations to keep in mind in the situation that occurs when a mother has died before or during childbirth.
Who Can Be Sued
Like most medical malpractice claims, doctors and other medical professionals involved in a mother’s care may be liable. For example, a doctor could prescribe the wrong medication during pregnancy, or a surgeon could act negligently while conducting a cesarean section procedure. If a mother requests pain medication, the anesthesiologist may also be responsible for her care and well-being.
An overlooked area in many wrongful death lawsuits are medical devices. If a medical device is defective or malfunctions during childbirth, the designer, manufacturer, or distributor may be liable for damages.
What Must Be Proved
Wrongful death of the mother claims also have similar elements to standard medical malpractice claims. In order to demonstrate fault on the part of doctors or other medical professionals, the plaintiff must prove:

The mother died;
The death was due to negligence, recklessness, or intentional misconduct by medical personnel; and
The plaintiff suffered some harm due to the death.
The harm could be medical or funeral expenses, loss of wages or companionship, or general pain and suffering.
When a Claim Must Be Filed
Any claim has a statute of limitations that limits the time you have to bring a case. Medical malpractice and wrongful death claims may have shorter limits, depending on what state you live in. If an expecting mother has died to due negligent medical treatment, you should consult an experienced medical malpractice attorney as soon as possible about your case.
Related Resources:

Have an injury claim? Get your
claim reviewed for free. (Consumer Injury)Wrongful Death: Who Can File? (FindLaw’s Injured)Medical Malpractice: First Steps of a Case (FindLaw’s Injured)
Birth Injury Resources (FindLaw)

Source: Legal Law Firm

If a patient dies because of misconduct by doctors or medical personnel, surviving family members may be able to recover damages by bringing a wrongful death lawsuit. And if medical malpractice causes a mother to die during her pregnancy or childbirth, her survivors, including the baby could file a wrongful death of the mother claim.
While these claims may look like standard wrongful death or medical malpractice lawsuits, there are some considerations to keep in mind in the situation that occurs when a mother has died before or during childbirth.
Who Can Be Sued
Like most medical malpractice claims, doctors and other medical professionals involved in a mother’s care may be liable. For example, a doctor could prescribe the wrong medication during pregnancy, or a surgeon could act negligently while conducting a cesarean section procedure. If a mother requests pain medication, the anesthesiologist may also be responsible for her care and well-being.
An overlooked area in many wrongful death lawsuits are medical devices. If a medical device is defective or malfunctions during childbirth, the designer, manufacturer, or distributor may be liable for damages.
What Must Be Proved
Wrongful death of the mother claims also have similar elements to standard medical malpractice claims. In order to demonstrate fault on the part of doctors or other medical professionals, the plaintiff must prove:

The mother died;
The death was due to negligence, recklessness, or intentional misconduct by medical personnel; and
The plaintiff suffered some harm due to the death.
The harm could be medical or funeral expenses, loss of wages or companionship, or general pain and suffering.
When a Claim Must Be Filed
Any claim has a statute of limitations that limits the time you have to bring a case. Medical malpractice and wrongful death claims may have shorter limits, depending on what state you live in. If an expecting mother has died to due negligent medical treatment, you should consult an experienced medical malpractice attorney as soon as possible about your case.
Related Resources:

Have an injury claim? Get your
claim reviewed for free. (Consumer Injury)Wrongful Death: Who Can File? (FindLaw’s Injured)Medical Malpractice: First Steps of a Case (FindLaw’s Injured)
Birth Injury Resources (FindLaw)

Source: Legal Law Firm

Not everybody gets to work in a nice quiet office. Many people work in loud factories or on construction sites with constant booming and heavy machinery noise.
According to the Occupational Safety and Health Administration, nearly 30 million people are exposed to hazardous noise levels at work every year. Long term exposure to high levels of noise can cause permanent tinnitus or hearing loss. OSHA sets employee noise exposure limits at 90dBA for 8 hours a day, and only 2 hours of exposure to 100 dBA sound levels.
So if you experience hearing loss while working in a noisy environment, you may be eligible for workers’ compensation.

Hearing Loss Workers Comp
Workers’ compensation statutes are different in each state. Some states recognize hearing loss as a compensable work injury covered by workers’ compensation.
For instance, Pennsylvania’s Workers’ Compensation Act states that a hearing loss of 10 percent or more in both ears is covered by workers’ compensation. If you have permanent hearing loss, you can get 66.66 percent of your wages for 260 weeks for each 10 percent of hearing loss. So if you have 20 percent hearing loss you can get compensation for up to 520 weeks.
If you have prior hearing loss, then the new work related hearing loss must equal at least an extra 10 percent loss. So if you had a 20 percent hearing loss before you started work, your work must have caused you 10 more percent of hearing loss, 30 percent total, before you are eligible for workers’ compensation.
Most other states that recognize hearing loss worker’s compensation claims have similar provisions, but it is still wise to check your state’s specific laws.
Work Related
As with all workers’ compensation claims, you must be able to show that your hearing loss was work related.
Employers and insurance companies may try to point to advanced age, or the fact that you like to listen to loud music as the cause of your hearing loss. It may be easier for you to prove work related hearing loss if you work in a noisy environment where you have to wear protective gear to cover your ears.
If noise is a constant feature of the work environment, employers often require employees to take a hearing test before starting their employment. These tests may help the employer show that only part of your hearing loss was work related and that you had hearing loss before you started working for them. However, you can still get workers’ compensation when conditions at work aggravate a prior injury.
If you believe that your hearing loss may be work related, consult with an experienced workers’ compensation attorney right away to evaluate your claim. Depending on where you live, you may have a limited amount of time to make a claim.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Can I Get Workers’ Comp For a Heart Attack? (FindLaw’s Injured)
Can I Get Workers’ Comp For Stress? (FindLaw’s Injured)
Can I Get Workers’ Comp For Food Poisoning At Work? (FindLaw’s Injured)

Source: Legal Law Firm

Not everybody gets to work in a nice quiet office. Many people work in loud factories or on construction sites with constant booming and heavy machinery noise.
According to the Occupational Safety and Health Administration, nearly 30 million people are exposed to hazardous noise levels at work every year. Long term exposure to high levels of noise can cause permanent tinnitus or hearing loss. OSHA sets employee noise exposure limits at 90dBA for 8 hours a day, and only 2 hours of exposure to 100 dBA sound levels.
So if you experience hearing loss while working in a noisy environment, you may be eligible for workers’ compensation.

Hearing Loss Workers Comp
Workers’ compensation statutes are different in each state. Some states recognize hearing loss as a compensable work injury covered by workers’ compensation.
For instance, Pennsylvania’s Workers’ Compensation Act states that a hearing loss of 10 percent or more in both ears is covered by workers’ compensation. If you have permanent hearing loss, you can get 66.66 percent of your wages for 260 weeks for each 10 percent of hearing loss. So if you have 20 percent hearing loss you can get compensation for up to 520 weeks.
If you have prior hearing loss, then the new work related hearing loss must equal at least an extra 10 percent loss. So if you had a 20 percent hearing loss before you started work, your work must have caused you 10 more percent of hearing loss, 30 percent total, before you are eligible for workers’ compensation.
Most other states that recognize hearing loss worker’s compensation claims have similar provisions, but it is still wise to check your state’s specific laws.
Work Related
As with all workers’ compensation claims, you must be able to show that your hearing loss was work related.
Employers and insurance companies may try to point to advanced age, or the fact that you like to listen to loud music as the cause of your hearing loss. It may be easier for you to prove work related hearing loss if you work in a noisy environment where you have to wear protective gear to cover your ears.
If noise is a constant feature of the work environment, employers often require employees to take a hearing test before starting their employment. These tests may help the employer show that only part of your hearing loss was work related and that you had hearing loss before you started working for them. However, you can still get workers’ compensation when conditions at work aggravate a prior injury.
If you believe that your hearing loss may be work related, consult with an experienced workers’ compensation attorney right away to evaluate your claim. Depending on where you live, you may have a limited amount of time to make a claim.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Can I Get Workers’ Comp For a Heart Attack? (FindLaw’s Injured)
Can I Get Workers’ Comp For Stress? (FindLaw’s Injured)
Can I Get Workers’ Comp For Food Poisoning At Work? (FindLaw’s Injured)

Source: Legal Law Firm

Many of us don’t think twice when friends ask to borrow our car. We trust them.
But, what happens when they get into an accident? Are you liable for the damage, even if you weren’t driving?

Vicarious Liability
I have good news and bad news. Let’s start with the bad news.
When you loan someone your car, you become liable for their actions through vicarious liability. For example, California Vehicle Code section 17150 states, “Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle … by any person using … the same with the permission of the owner.” So, even if you weren’t driving the car, victims may sue you for damages caused by another person driving your car.
Most states that hold owners liable for another driver’s actions limit the owners’ liability. California Vehicle Code section 17151(a) limits an owner’s liability to $15,000 if the accident causes injury to one person and $30,000 if two or more people are injured. Owners are also liable for up to $5,000 in property damage.
These limits don’t apply when you were negligent yourself in lending your car to the other driver. This usually means you loaned your car to an unlicensed driver or someone with a known habit of unsafe driving. You are also negligent if you knew there was a defect in the car, but let someone else drive it anyway.
Car Insurance
The good news is that you probably won’t have to pay for all the damages out of pocket. Your car insurance follows the car, not the driver. So even if you weren’t driving the car, your car insurance will cover the damage caused by and to your car.
Your car insurance will be considered the primary insurance. It will be used first to cover damages. If your friend also has car insurance, his insurance will be secondary, meaning it will cover damages after the limits of your policy have been reached. If the damage exceeds your policy limit, and your friend doesn’t have his own car insurance, you will have to pay the rest of the damages out of pocket.
However, all of this is assuming your friend was at fault in the accident. If the other driver was at fault, you’ll make a claim with her insurance to cover the damages. Hopefully, she’s not uninsured.
If you or a friend has been involved in a car accident in your car, an experienced personal injury attorney will help you assess your options and make an insurance claim.
Related Resources:

Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
‘Family Car’ Doctrine: Liability for a Kid’s Wreck (FindLaw’s Injured)
Is It Too Late to File My Car Accident Claim? (FindLaw’s Injured)
5 Things a Car Accident Lawyer Needs to Know About Your Case (FindLaw’s Injured)

Source: Legal Law Firm

Many of us don’t think twice when friends ask to borrow our car. We trust them.
But, what happens when they get into an accident? Are you liable for the damage, even if you weren’t driving?

Vicarious Liability
I have good news and bad news. Let’s start with the bad news.
When you loan someone your car, you become liable for their actions through vicarious liability. For example, California Vehicle Code section 17150 states, “Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle … by any person using … the same with the permission of the owner.” So, even if you weren’t driving the car, victims may sue you for damages caused by another person driving your car.
Most states that hold owners liable for another driver’s actions limit the owners’ liability. California Vehicle Code section 17151(a) limits an owner’s liability to $15,000 if the accident causes injury to one person and $30,000 if two or more people are injured. Owners are also liable for up to $5,000 in property damage.
These limits don’t apply when you were negligent yourself in lending your car to the other driver. This usually means you loaned your car to an unlicensed driver or someone with a known habit of unsafe driving. You are also negligent if you knew there was a defect in the car, but let someone else drive it anyway.
Car Insurance
The good news is that you probably won’t have to pay for all the damages out of pocket. Your car insurance follows the car, not the driver. So even if you weren’t driving the car, your car insurance will cover the damage caused by and to your car.
Your car insurance will be considered the primary insurance. It will be used first to cover damages. If your friend also has car insurance, his insurance will be secondary, meaning it will cover damages after the limits of your policy have been reached. If the damage exceeds your policy limit, and your friend doesn’t have his own car insurance, you will have to pay the rest of the damages out of pocket.
However, all of this is assuming your friend was at fault in the accident. If the other driver was at fault, you’ll make a claim with her insurance to cover the damages. Hopefully, she’s not uninsured.
If you or a friend has been involved in a car accident in your car, an experienced personal injury attorney will help you assess your options and make an insurance claim.
Related Resources:

Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
‘Family Car’ Doctrine: Liability for a Kid’s Wreck (FindLaw’s Injured)
Is It Too Late to File My Car Accident Claim? (FindLaw’s Injured)
5 Things a Car Accident Lawyer Needs to Know About Your Case (FindLaw’s Injured)

Source: Legal Law Firm

If you’ve read the news lately, it seems there are class action suits everywhere, from GM to Comcast to Vitaminwater. Usually, they have nothing to do with you or me.
But, if you think you may have an injury or claim similar to the class action, how do you join? How can you find out if there is a class action lawsuit for your injury?

Notices
Class actions cases usually start out as a lawsuit filed by one plaintiff for a common injury that many other people may also have a claim for.
The people filing the class action will try to find and notify all eligible members of the “class” who may have the same claim. If you are eligible, you’ll often get a notice in the mail explaining the litigation and your options.
Opt-in or Opt-out
Read the notice carefully. Usually, members of the class are automatically part of the lawsuit and do not have to do anything. However, some class actions may require you to take action to opt-in by filing a claim form.
More commonly, you won’t have to take any action unless you want to opt-out, meaning you do not want to be included in the lawsuit. If you opt-out, you won’t get any benefits from the class action lawsuit, but you can file your own lawsuit later on.
No Notice?
If you haven’t received a notice for a class action, it does not necessarily mean that you are not eligible. If you think you may be eligible to participate in a class action, you will need to contact the attorneys representing the class. Notify them of your claim, and ask to be put on the class registry.
Is There a Class Action Lawsuit Out There?
If you are wondering if there is a current class action suit relating to your injury, there are online databases that maintain a list of pending class action suits, such as Consumer-Action.org and ClassAction.org.
If you have an injury and would like to pursue an individual lawsuit or class action lawsuit, an experienced personal injury attorney will be able to help you assess your options.
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
Legal How-To: Opting In to a Class Action Suit (FindLaw’s Law and Daily Life)
How Does a Lawsuit Become a Class Action? (FindLaw’s Law and Daily Life)
Class Action Suit Filed Against Ga. Private Probation Company (FindLaw’s U.S. Eleventh Circuit)

Source: Legal Law Firm

If you’ve read the news lately, it seems there are class action suits everywhere, from GM to Comcast to Vitaminwater. Usually, they have nothing to do with you or me.
But, if you think you may have an injury or claim similar to the class action, how do you join? How can you find out if there is a class action lawsuit for your injury?

Notices
Class actions cases usually start out as a lawsuit filed by one plaintiff for a common injury that many other people may also have a claim for.
The people filing the class action will try to find and notify all eligible members of the “class” who may have the same claim. If you are eligible, you’ll often get a notice in the mail explaining the litigation and your options.
Opt-in or Opt-out
Read the notice carefully. Usually, members of the class are automatically part of the lawsuit and do not have to do anything. However, some class actions may require you to take action to opt-in by filing a claim form.
More commonly, you won’t have to take any action unless you want to opt-out, meaning you do not want to be included in the lawsuit. If you opt-out, you won’t get any benefits from the class action lawsuit, but you can file your own lawsuit later on.
No Notice?
If you haven’t received a notice for a class action, it does not necessarily mean that you are not eligible. If you think you may be eligible to participate in a class action, you will need to contact the attorneys representing the class. Notify them of your claim, and ask to be put on the class registry.
Is There a Class Action Lawsuit Out There?
If you are wondering if there is a current class action suit relating to your injury, there are online databases that maintain a list of pending class action suits, such as Consumer-Action.org and ClassAction.org.
If you have an injury and would like to pursue an individual lawsuit or class action lawsuit, an experienced personal injury attorney will be able to help you assess your options.
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
Legal How-To: Opting In to a Class Action Suit (FindLaw’s Law and Daily Life)
How Does a Lawsuit Become a Class Action? (FindLaw’s Law and Daily Life)
Class Action Suit Filed Against Ga. Private Probation Company (FindLaw’s U.S. Eleventh Circuit)

Source: Legal Law Firm

A broken down car can be heartbreaking. You just want your car back and running like new again. And most of the time, car repair shops take good care of us and our automobiles.
But about the times they don’t? What happens if you get your car back from the shop with the same problems it had when you sent it in? While you may not know a radiator from a rocking arm, you do have rights when it comes to getting your car repaired the right way.

Work Under Warranty
The first place you want to go for repairs is straight to the source. If you purchased a new car, it should come with an automobile warranty. Your warranty will list the time or mileage within which repairs are covered, the kind of repairs covered, and where you need to bring your car to make sure the repairs are covered. Often, a warranty will require you to bring a new car back to the dealership to be inspected and repaired. Even used cars may have some warranties.
If your car is covered by a warranty, it will usually list the protocol for repairs, including what to do if the car isn’t repaired properly. Make sure you abide by the warranty — as taking the car to a different repair shop or trying to fix it yourself may void the warranty and therefore any coverage of future repairs.
On Your Own
Unfortunately, warranties run out, and if you bought a used car from a private individual, it probably isn’t covered under any implied warranty. In either case, you may be dealing with bad repairs on your own.
Many states require auto repair shops to disclose details about repairs before they are done. Referred to as unfair and deceptive acts and practices statutes, these laws dictate that shops must provide detailed estimates of all work to be done and disclose whether used or rebuilt parts are being installed. Always make sure you get any proposed repairs in writing, just in case something goes wrong.
If your car is repaired poorly or ineffectively, your first instinct might be to refuse payment. But be warned: if you refuse to pay for services provided by an auto shop, the shop might be entitled to legal possession of your car. Under what’s known as a mechanic’s lien, a shop or repair person could have a legal claim for property that has been serviced if the property owner refused to pay for services. So even if the shop does a bad job on your car, your best bet may be paying for the repairs anyway, getting your car back, and trying to recover the money later by proving the repairs were either ineffective or unauthorized.
Not All Lemons Make Lemonade
It’s the worst case scenario: even the shop’s best efforts can fix your car. If this is the case, you might have a lemon on your hands and might need to address the problem through applicable lemon laws.
Related Resources:

Browse Lemon Law Lawyers by Location (FindLaw Directory)
Car Repairs and the Law (FindLaw)
How To: Use State Lemon Laws (FindLaw’s Law and Daily Life)
Consumer Warranty Basics (FindLaw)

Source: Legal Law Firm

A broken down car can be heartbreaking. You just want your car back and running like new again. And most of the time, car repair shops take good care of us and our automobiles.
But about the times they don’t? What happens if you get your car back from the shop with the same problems it had when you sent it in? While you may not know a radiator from a rocking arm, you do have rights when it comes to getting your car repaired the right way.

Work Under Warranty
The first place you want to go for repairs is straight to the source. If you purchased a new car, it should come with an automobile warranty. Your warranty will list the time or mileage within which repairs are covered, the kind of repairs covered, and where you need to bring your car to make sure the repairs are covered. Often, a warranty will require you to bring a new car back to the dealership to be inspected and repaired. Even used cars may have some warranties.
If your car is covered by a warranty, it will usually list the protocol for repairs, including what to do if the car isn’t repaired properly. Make sure you abide by the warranty — as taking the car to a different repair shop or trying to fix it yourself may void the warranty and therefore any coverage of future repairs.
On Your Own
Unfortunately, warranties run out, and if you bought a used car from a private individual, it probably isn’t covered under any implied warranty. In either case, you may be dealing with bad repairs on your own.
Many states require auto repair shops to disclose details about repairs before they are done. Referred to as unfair and deceptive acts and practices statutes, these laws dictate that shops must provide detailed estimates of all work to be done and disclose whether used or rebuilt parts are being installed. Always make sure you get any proposed repairs in writing, just in case something goes wrong.
If your car is repaired poorly or ineffectively, your first instinct might be to refuse payment. But be warned: if you refuse to pay for services provided by an auto shop, the shop might be entitled to legal possession of your car. Under what’s known as a mechanic’s lien, a shop or repair person could have a legal claim for property that has been serviced if the property owner refused to pay for services. So even if the shop does a bad job on your car, your best bet may be paying for the repairs anyway, getting your car back, and trying to recover the money later by proving the repairs were either ineffective or unauthorized.
Not All Lemons Make Lemonade
It’s the worst case scenario: even the shop’s best efforts can fix your car. If this is the case, you might have a lemon on your hands and might need to address the problem through applicable lemon laws.
Related Resources:

Browse Lemon Law Lawyers by Location (FindLaw Directory)
Car Repairs and the Law (FindLaw)
How To: Use State Lemon Laws (FindLaw’s Law and Daily Life)
Consumer Warranty Basics (FindLaw)

Source: Legal Law Firm

We suffered all winter, made it through spring, and now we can finally get back out to the ballpark. Attending baseball games is one of the purest joys of the summer, and there’s nothing quite like America’s pastime.
Unfortunately, going to a game isn’t without its dangers, so here are three (plus one) common injuries to be on the lookout for while at the old ball game.

1. Hit By a Fly or Foul Ball.
This is the most common risk a baseball fan runs while sitting in the stands. While some seats are more dangerous than others, you really never know when a ball (or even a bat) might be coming your way. So the key is to stay awake and alert at all times.
If you’re injured by a foul ball and thinking about filing a lawsuit, you should be aware of the baseball rule, which bars fan injury suits in some states. The idea behind the rule is that fans have assumed some risk of injury by attending a sporting event, especially a baseball game where batted balls enter the crowd so frequently. Not all courts apply the baseball rule, however, so whether you can sue may depend on where you are injured.
2. Food Poisoning.
Look at these hot dogs the Royals are serving fans in Kansas City. Seriously. (Actually, don’t look at those hot dogs if you’re eating, planning to eat, or have even eaten recently.) While some baseball teams are known for assembling some gourmet and gut-busting treats, not all the food fare at the field can be trusted.
Ball parks, and the vendors that work at them, have a responsibility to provide safe food for patrons, and could be liable if a fan suffers food poisoning due to snacks purchased at the game.
(Also, you may want to keep an eye out for hot dogs that come flying off the field as well – they can be equally dangerous as projectiles. Actually, maybe the Royals should just stay out of the hot dog game entirely.)
3. Fan Fights.
We all know the Brian Stow incident, and let’s hope that tragedy remains an isolated incident. Unfortunately, however, fights between fans at baseball games are fairly common. And while some can take a beating with a sense of humor, not all fights end in a good-natured and injury-free way.
Your best bet for avoiding a fan fight is to drink responsibly, if at all, and do your best to avoid those who failed to do so. Most ballpark altercations involve alcohol, so you might want to steer clear.
(4. The Philly Phanatic.)
Sure, he may look fuzzy and friendly, but the Philadelphia Phillies mascot has left a trail of injured souls in his wake. Stay on your toes if the Philly Phanatic is nearby. (And generally avoiding Phillies fans entirely might be a good idea.)
So stay safe this summer and enjoy the games. If something unfortunate does happen, you might want to ask an attorney if you have a valid injury claim.
Related Resources:

Injured at a baseball game? Get your claim reviewed for free. (Consumer Injury)
Injured at a Sporting Event: Can You Sue? (FindLaw’s Injured)
Injured Coach Sues Little Leaguer, 14, for $600K (FindLaw’s Injured)
Woman Sues Kid in $500K Little League Lawsuit (FindLaw’s Injured)

Source: Legal Law Firm

We suffered all winter, made it through spring, and now we can finally get back out to the ballpark. Attending baseball games is one of the purest joys of the summer, and there’s nothing quite like America’s pastime.
Unfortunately, going to a game isn’t without its dangers, so here are three (plus one) common injuries to be on the lookout for while at the old ball game.

1. Hit By a Fly or Foul Ball.
This is the most common risk a baseball fan runs while sitting in the stands. While some seats are more dangerous than others, you really never know when a ball (or even a bat) might be coming your way. So the key is to stay awake and alert at all times.
If you’re injured by a foul ball and thinking about filing a lawsuit, you should be aware of the baseball rule, which bars fan injury suits in some states. The idea behind the rule is that fans have assumed some risk of injury by attending a sporting event, especially a baseball game where batted balls enter the crowd so frequently. Not all courts apply the baseball rule, however, so whether you can sue may depend on where you are injured.
2. Food Poisoning.
Look at these hot dogs the Royals are serving fans in Kansas City. Seriously. (Actually, don’t look at those hot dogs if you’re eating, planning to eat, or have even eaten recently.) While some baseball teams are known for assembling some gourmet and gut-busting treats, not all the food fare at the field can be trusted.
Ball parks, and the vendors that work at them, have a responsibility to provide safe food for patrons, and could be liable if a fan suffers food poisoning due to snacks purchased at the game.
(Also, you may want to keep an eye out for hot dogs that come flying off the field as well – they can be equally dangerous as projectiles. Actually, maybe the Royals should just stay out of the hot dog game entirely.)
3. Fan Fights.
We all know the Brian Stow incident, and let’s hope that tragedy remains an isolated incident. Unfortunately, however, fights between fans at baseball games are fairly common. And while some can take a beating with a sense of humor, not all fights end in a good-natured and injury-free way.
Your best bet for avoiding a fan fight is to drink responsibly, if at all, and do your best to avoid those who failed to do so. Most ballpark altercations involve alcohol, so you might want to steer clear.
(4. The Philly Phanatic.)
Sure, he may look fuzzy and friendly, but the Philadelphia Phillies mascot has left a trail of injured souls in his wake. Stay on your toes if the Philly Phanatic is nearby. (And generally avoiding Phillies fans entirely might be a good idea.)
So stay safe this summer and enjoy the games. If something unfortunate does happen, you might want to ask an attorney if you have a valid injury claim.
Related Resources:

Injured at a baseball game? Get your claim reviewed for free. (Consumer Injury)
Injured at a Sporting Event: Can You Sue? (FindLaw’s Injured)
Injured Coach Sues Little Leaguer, 14, for $600K (FindLaw’s Injured)
Woman Sues Kid in $500K Little League Lawsuit (FindLaw’s Injured)

Source: Legal Law Firm

Insurance is more complicated than it should be. Yet, it pervades all areas of our lives, from health insurance, to car insurance, to home insurance.
To deal with this major part of your life, here are five insurance terms you should know:

1. Gap Insurance
The minute you drive your car off the dealer’s lot, your car loses value. It’s unfair, but inevitable. So, if another car hits you, and totals your car only days later, your insurance company will only compensate you for the “blue book” value of your car. Since this is usually lower than the amount you paid for the car, you may be left with a loan balance but no car. Gap insurance will compensate you for the difference between the blue book value of your car and the amount left on your loan.
2. Uninsured and Underinsured Motorist Coverage
Uninsured motorist coverage compensates you for damages to your car and your medical bills when the other driver does not have any car insurance.
Underinsured motorist coverage is used when the other driver’s insurance is not enough to cover all your damages. For example, your damages equal $60,000, and the other driver’s insurance only covers $50,000. Your underinsured motorist coverage will pay you the remaining $10,000.
3. Subrogation
You get in a car accident, and it’s the other driver’s fault. You make a claim with your insurance company, and your insurance company pays your medical bills. The insurance company then asserts a subrogation claim against the other driver to get reimbursed for the money it paid to you. If the subrogation claim is successful, you may even get reimbursed for the deductible you paid.
4. COBRA
The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) allows you to continue your employer sponsored health insurance coverage for up to 18 months after you leave your job. You will have to pay the full premiums yourself, but it may still be cheaper than buying health insurance elsewhere.
5. Health Savings Account
A health savings account (HSA) is a tax-free savings account that allows you to set aside money from your paycheck, before taxes, to be used on qualified medical expenses. HSAs are usually paired with high deductible health insurance plans. The money you put in to an HSA is usually 100 percent deductible, up to the legal limit. Withdrawals from the account to pay for medical expenses are also tax free.
Have you been injured and are having a hard time dealing with your insurance? An experienced personal injury attorney will be able to help you negotiate with your insurance company.
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
If a Bicyclist Damages Your Car, Will His Insurance Pay? (FindLaw’s Injured)
Can I Use Workers Comp’ Insurance on Medical Marijuana? (FindLaw’s Injured)
Do You Need Insurance for a House Party? (FindLaw’s Injured)

Source: Legal Law Firm

Insurance is more complicated than it should be. Yet, it pervades all areas of our lives, from health insurance, to car insurance, to home insurance.
To deal with this major part of your life, here are five insurance terms you should know:

1. Gap Insurance
The minute you drive your car off the dealer’s lot, your car loses value. It’s unfair, but inevitable. So, if another car hits you, and totals your car only days later, your insurance company will only compensate you for the “blue book” value of your car. Since this is usually lower than the amount you paid for the car, you may be left with a loan balance but no car. Gap insurance will compensate you for the difference between the blue book value of your car and the amount left on your loan.
2. Uninsured and Underinsured Motorist Coverage
Uninsured motorist coverage compensates you for damages to your car and your medical bills when the other driver does not have any car insurance.
Underinsured motorist coverage is used when the other driver’s insurance is not enough to cover all your damages. For example, your damages equal $60,000, and the other driver’s insurance only covers $50,000. Your underinsured motorist coverage will pay you the remaining $10,000.
3. Subrogation
You get in a car accident, and it’s the other driver’s fault. You make a claim with your insurance company, and your insurance company pays your medical bills. The insurance company then asserts a subrogation claim against the other driver to get reimbursed for the money it paid to you. If the subrogation claim is successful, you may even get reimbursed for the deductible you paid.
4. COBRA
The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) allows you to continue your employer sponsored health insurance coverage for up to 18 months after you leave your job. You will have to pay the full premiums yourself, but it may still be cheaper than buying health insurance elsewhere.
5. Health Savings Account
A health savings account (HSA) is a tax-free savings account that allows you to set aside money from your paycheck, before taxes, to be used on qualified medical expenses. HSAs are usually paired with high deductible health insurance plans. The money you put in to an HSA is usually 100 percent deductible, up to the legal limit. Withdrawals from the account to pay for medical expenses are also tax free.
Have you been injured and are having a hard time dealing with your insurance? An experienced personal injury attorney will be able to help you negotiate with your insurance company.
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
If a Bicyclist Damages Your Car, Will His Insurance Pay? (FindLaw’s Injured)
Can I Use Workers Comp’ Insurance on Medical Marijuana? (FindLaw’s Injured)
Do You Need Insurance for a House Party? (FindLaw’s Injured)

Source: Legal Law Firm