Best car accident lawyer

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

Generally, when we think of medical malpractice with think of doctors making diagnostic, medication, or surgical errors. But we don’t tend to think of mistakes happening in a dentist’s office.
Truth is, we trust dentists with our health just as much as cardiologists, orthopedists, or surgeons. And, sadly, mistakes in dental care can be just as costly. Here is a look at some of the common dental malpractice issues and how victims can use medical malpractice claims to recover for their injuries.

Breach of the Standard of Care
Patients in Oklahoma sued a dentist after it was revealed that the unsanitary conditions at his office possibly exposed his patients to hepatitis and HIV. Dentists owe their patients a standard of care equal to the level of skill, expertise, and care possessed and practiced by dentists in the same or similar community, and under similar circumstances.
It’s obvious that most dentists in Oklahoma, and elsewhere, should keep their offices disease-free, and this particular dentist probably failed to meet his duty of care. With the amount of patients they see and the type of care being provided, dentists take extra precautions to keep offices clean and equipment sterile.
Unwarranted Treatment
There have also been cases of patients wearing braces for over a decade, when the average time to wear them is one to three years. Meanwhile, dentists are being paid fees for maintaining and adjusting the braces.
Dentists are required to get informed consent from their patients regarding treatment options, otherwise any treatment is unauthorized. It’s likely that if the patients had known that extra years of braces were unnecessary, they would not have agreed to wear them.
Surgical Errors
We can forget that dental surgery is still surgery, and the same issues of anesthesia and surgical care come into play. And deaths during what seem to be routine dental surgeries are not uncommon. Any surgery carries risk. But our dentists should be properly trained and certified to handle any exigency without exposing patients to additional harm.If you think you have been injured by the poor care you received from a dentist, you should talk to a medical malpractice attorney to find out more about your rights and options.
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
NYC Dentist Punished Patients for Yelp Reviews? (FindLaw’s Injured)
Medical Malpractice Decision in Deen v. Egleston (FindLaw’s Eleventh Circuit)
Proving Fault in Medical Malpractice Cases (FindLaw)

Source: Legal Law Firm

Generally, when we think of medical malpractice with think of doctors making diagnostic, medication, or surgical errors. But we don’t tend to think of mistakes happening in a dentist’s office.
Truth is, we trust dentists with our health just as much as cardiologists, orthopedists, or surgeons. And, sadly, mistakes in dental care can be just as costly. Here is a look at some of the common dental malpractice issues and how victims can use medical malpractice claims to recover for their injuries.

Breach of the Standard of Care
Patients in Oklahoma sued a dentist after it was revealed that the unsanitary conditions at his office possibly exposed his patients to hepatitis and HIV. Dentists owe their patients a standard of care equal to the level of skill, expertise, and care possessed and practiced by dentists in the same or similar community, and under similar circumstances.
It’s obvious that most dentists in Oklahoma, and elsewhere, should keep their offices disease-free, and this particular dentist probably failed to meet his duty of care. With the amount of patients they see and the type of care being provided, dentists take extra precautions to keep offices clean and equipment sterile.
Unwarranted Treatment
There have also been cases of patients wearing braces for over a decade, when the average time to wear them is one to three years. Meanwhile, dentists are being paid fees for maintaining and adjusting the braces.
Dentists are required to get informed consent from their patients regarding treatment options, otherwise any treatment is unauthorized. It’s likely that if the patients had known that extra years of braces were unnecessary, they would not have agreed to wear them.
Surgical Errors
We can forget that dental surgery is still surgery, and the same issues of anesthesia and surgical care come into play. And deaths during what seem to be routine dental surgeries are not uncommon. Any surgery carries risk. But our dentists should be properly trained and certified to handle any exigency without exposing patients to additional harm.If you think you have been injured by the poor care you received from a dentist, you should talk to a medical malpractice attorney to find out more about your rights and options.
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
NYC Dentist Punished Patients for Yelp Reviews? (FindLaw’s Injured)
Medical Malpractice Decision in Deen v. Egleston (FindLaw’s Eleventh Circuit)
Proving Fault in Medical Malpractice Cases (FindLaw)

Source: Legal Law Firm

According to the Insurance Research Council, one in seven drivers in the United States is uninsured.
Usually, in a car accident, the party at fault’s insurance covers the damages. But, with nearly 14 percent of drivers uninsured, what do you do when you’re unlucky enough to run into one of them? What do you do if you’ve been hit by an uninsured driver?

1. Get as Much Information as You Can
Even if the other driver is uninsured, you want to get as much information as possible. Get his name, contact info, driver’s license number, and license plate number. Then, take out that handy-dandy cell phone, and take pictures of all the damage to your car, the other car, and the license plate on the car that hit you. Maybe you even want one of your new friend, the guy who hit you. But if he declines, don’t push it.
2. Call The Police
If the other driver is being uncooperative, call the police. Even if he’s being cooperative, calling the police may be a good idea, especially if the damage is more than a fender bender. The police will document the incident, and the report will help your insurance claim later on.
Besides, most states have law requiring all drivers to have car insurance. That uninsured driver is breaking the law and it is probably best to get the police involved.
3. Call Your Insurance Company
Call your insurance company as soon as possible. Check your policy to see if you have uninsured or underinsured motorist coverage. If you don’t have it, you should definitely look into getting it.
Uninsured motorist insurance compensates you for injuries and damages when the other side has no insurance at all. Underinsured motorist insurance covers the difference when the other side’s insurance isn’t enough to cover your damages. For example, your underinsured motorist insurance covers $100,000. The other guy’s insurance covers $50,000 in damage. Your damages equaled $75,000. You would get $50,000 from the other driver’s insurance, and $25,000 from yours.
Don’t wait to contact your insurance company. Some policies may have a time limit on when you can make a claim.
4. Other Insurance
If you don’t have uninsured motorist insurance, you may still have coverage for your damages. Your collision and personal injury protection coverage may cover the damages to your car and medical bills. Your health insurance may also be used to cover the cost of medical treatment.
If you have been hit by an uninsured motorist, an experienced personal injury attorney can help you assess your options and pursue a claim with your insurance and against the other driver.
Related Resources:

Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
Nick Adenhart Crash Raises Question: What Should You Do After a Car Accident? (FindLaw’s Injured)
Take Notes about Car Accident Injuries (FindLaw’s Learn About The Law)
Insurance Claims After an Accident: The Basics (FindLaw’s Learn About The Law)

Source: Legal Law Firm

According to the Insurance Research Council, one in seven drivers in the United States is uninsured.
Usually, in a car accident, the party at fault’s insurance covers the damages. But, with nearly 14 percent of drivers uninsured, what do you do when you’re unlucky enough to run into one of them? What do you do if you’ve been hit by an uninsured driver?

1. Get as Much Information as You Can
Even if the other driver is uninsured, you want to get as much information as possible. Get his name, contact info, driver’s license number, and license plate number. Then, take out that handy-dandy cell phone, and take pictures of all the damage to your car, the other car, and the license plate on the car that hit you. Maybe you even want one of your new friend, the guy who hit you. But if he declines, don’t push it.
2. Call The Police
If the other driver is being uncooperative, call the police. Even if he’s being cooperative, calling the police may be a good idea, especially if the damage is more than a fender bender. The police will document the incident, and the report will help your insurance claim later on.
Besides, most states have law requiring all drivers to have car insurance. That uninsured driver is breaking the law and it is probably best to get the police involved.
3. Call Your Insurance Company
Call your insurance company as soon as possible. Check your policy to see if you have uninsured or underinsured motorist coverage. If you don’t have it, you should definitely look into getting it.
Uninsured motorist insurance compensates you for injuries and damages when the other side has no insurance at all. Underinsured motorist insurance covers the difference when the other side’s insurance isn’t enough to cover your damages. For example, your underinsured motorist insurance covers $100,000. The other guy’s insurance covers $50,000 in damage. Your damages equaled $75,000. You would get $50,000 from the other driver’s insurance, and $25,000 from yours.
Don’t wait to contact your insurance company. Some policies may have a time limit on when you can make a claim.
4. Other Insurance
If you don’t have uninsured motorist insurance, you may still have coverage for your damages. Your collision and personal injury protection coverage may cover the damages to your car and medical bills. Your health insurance may also be used to cover the cost of medical treatment.
If you have been hit by an uninsured motorist, an experienced personal injury attorney can help you assess your options and pursue a claim with your insurance and against the other driver.
Related Resources:

Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
Nick Adenhart Crash Raises Question: What Should You Do After a Car Accident? (FindLaw’s Injured)
Take Notes about Car Accident Injuries (FindLaw’s Learn About The Law)
Insurance Claims After an Accident: The Basics (FindLaw’s Learn About The Law)

Source: Legal Law Firm

Injury lawsuits can be complicated, especially those involving a large number of people. Class action lawsuits can allow a group of people to collectively file a single injury claim, and they can have different rules for how and when they can be filed.
One of these differences has to do with the statute of limitations, which limits the time you have to bring a case. So how do these rules differ? And if the statute of limitations has run out on your case, can you still join a class action lawsuit?

For Whom the Statute Tolls
Normally, the statute of limitations runs from the date of your injury or the time you discover the harm. You can think of it as a clock that starts ticking down, and when it expires you may lose your chance to sue. However, there are circumstances that “toll” the statute of limitations, or pause the clock.
The filing of a class action lawsuit is one of the ways the statute can toll. The Supreme Court has held that “commencement of a class action suspends the applicable statute of limitations as to all asserted members of the class who would have been parties.” This means that starting the class action suit can pause the countdown for anyone affected by the claim. This can be true even for people who haven’t joined the class action at the time when it’s filed, so long as they join in a timely manner.
Opting In or Opting Out: On the Clock
For example, let’s say that you are injured in a car accident. The normal statute of limitations to bring a claim against the car company in state court may be two years. If somewhere in that time a class action is filed in federal court, perhaps suing the manufacturer for defective parts, the clock on your two-year limit would pause.
So even if it’s been over two years since the accident, it may still be possible to join the class action lawsuit, so long as you do it promptly.
The decision on whether to join in or opt out of a class action lawsuit can be complicated and may depend on the particulars of your case. You may want to consult with an experienced consumer injury attorney to determine what’s best for you and to make sure you’re complying with the statute of limitations.
Related Resources:

Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
Is It Too Late to File My Car Accident Claim? (FindLaw’s Injured)
When Is It Too Late to Sue a Government Agency? (FindLaw’s Injured)
Received a Class Action Lawsuit Notice? What Do You Do Next? (FindLaw’s Injured)

Source: Legal Law Firm

Injury lawsuits can be complicated, especially those involving a large number of people. Class action lawsuits can allow a group of people to collectively file a single injury claim, and they can have different rules for how and when they can be filed.
One of these differences has to do with the statute of limitations, which limits the time you have to bring a case. So how do these rules differ? And if the statute of limitations has run out on your case, can you still join a class action lawsuit?

For Whom the Statute Tolls
Normally, the statute of limitations runs from the date of your injury or the time you discover the harm. You can think of it as a clock that starts ticking down, and when it expires you may lose your chance to sue. However, there are circumstances that “toll” the statute of limitations, or pause the clock.
The filing of a class action lawsuit is one of the ways the statute can toll. The Supreme Court has held that “commencement of a class action suspends the applicable statute of limitations as to all asserted members of the class who would have been parties.” This means that starting the class action suit can pause the countdown for anyone affected by the claim. This can be true even for people who haven’t joined the class action at the time when it’s filed, so long as they join in a timely manner.
Opting In or Opting Out: On the Clock
For example, let’s say that you are injured in a car accident. The normal statute of limitations to bring a claim against the car company in state court may be two years. If somewhere in that time a class action is filed in federal court, perhaps suing the manufacturer for defective parts, the clock on your two-year limit would pause.
So even if it’s been over two years since the accident, it may still be possible to join the class action lawsuit, so long as you do it promptly.
The decision on whether to join in or opt out of a class action lawsuit can be complicated and may depend on the particulars of your case. You may want to consult with an experienced consumer injury attorney to determine what’s best for you and to make sure you’re complying with the statute of limitations.
Related Resources:

Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
Is It Too Late to File My Car Accident Claim? (FindLaw’s Injured)
When Is It Too Late to Sue a Government Agency? (FindLaw’s Injured)
Received a Class Action Lawsuit Notice? What Do You Do Next? (FindLaw’s Injured)

Source: Legal Law Firm

Are you afraid to make a workers’ comp claim? Afraid your employer will fire you? Afraid another employer won’t hire you because of your workers’ comp claim?
Don’t be. Your have rights and are usually protected by the law.

Prohibited By State Law
Workers’ compensation law varies from state to state. Most states have laws prohibiting firing or demoting an employee in retaliation for a workers’ comp claim. Some even specifically forbid refusing to hire a prospective employee because a workers’ comp claim.
For example, Alaska law states, “An employer may not discriminate in hiring, promotion, or retention policies or practices against an employee who has in good faith filed a claim for or received benefits [for workers’ compensation].” In Illinois, it is illegal for an employer to ask a prospective employee about any prior workers’ comp claims. Vermont, Oregon, and Louisiana also have similar provisions.
Civil Claim for Wrongful Termination
Indiana, Iowa, and Kansas don’t have laws proscribing retaliation for making a workers’ comp claim. However, the courts in those states do recognize a wrongful termination claim. Usually, you have the burden of proving that the workers’ comp claim was the main factor for termination.
No Protection
Georgia, Mississippi, and Rhode Island are among the minority of states that offer no protection against retaliation for a workers’ comp claim. Mississippi’s Supreme Court refused to recognize an exception to the policy of at-will employment, which allows employees and employers to terminate employment for any reason or no reason at all.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act also offers some protection. The act forbids discrimination in all aspects of employment, including hiring, firing, pay, promotion, and even training. It is illegal for employers to discriminate against employees and applicants because they have a current disability or had a past disability.
The ADA only applies to employers who have 15 or more employees.
If you believe that an employer has discriminated against you because of a prior workers’ compensation claim, an experienced workers’ comp attorney will be able to help you assess and file your claim.
Related Resources:

Think you have a worker’s comp claim? Have your claim reviewed for free. (Consumer Injury)
If I’m in Rehab, Must an Employer Hold My Job? (FindLaw’s Law and Daily Life)
10 Things You Can’t Be Asked at a Job Interview (FindLaw’s Law and Daily Life)
Can I Get Workers’ Comp For Stress? (FindLaw’s Injured)

Source: Legal Law Firm

Are you afraid to make a workers’ comp claim? Afraid your employer will fire you? Afraid another employer won’t hire you because of your workers’ comp claim?
Don’t be. Your have rights and are usually protected by the law.

Prohibited By State Law
Workers’ compensation law varies from state to state. Most states have laws prohibiting firing or demoting an employee in retaliation for a workers’ comp claim. Some even specifically forbid refusing to hire a prospective employee because a workers’ comp claim.
For example, Alaska law states, “An employer may not discriminate in hiring, promotion, or retention policies or practices against an employee who has in good faith filed a claim for or received benefits [for workers’ compensation].” In Illinois, it is illegal for an employer to ask a prospective employee about any prior workers’ comp claims. Vermont, Oregon, and Louisiana also have similar provisions.
Civil Claim for Wrongful Termination
Indiana, Iowa, and Kansas don’t have laws proscribing retaliation for making a workers’ comp claim. However, the courts in those states do recognize a wrongful termination claim. Usually, you have the burden of proving that the workers’ comp claim was the main factor for termination.
No Protection
Georgia, Mississippi, and Rhode Island are among the minority of states that offer no protection against retaliation for a workers’ comp claim. Mississippi’s Supreme Court refused to recognize an exception to the policy of at-will employment, which allows employees and employers to terminate employment for any reason or no reason at all.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act also offers some protection. The act forbids discrimination in all aspects of employment, including hiring, firing, pay, promotion, and even training. It is illegal for employers to discriminate against employees and applicants because they have a current disability or had a past disability.
The ADA only applies to employers who have 15 or more employees.
If you believe that an employer has discriminated against you because of a prior workers’ compensation claim, an experienced workers’ comp attorney will be able to help you assess and file your claim.
Related Resources:

Think you have a worker’s comp claim? Have your claim reviewed for free. (Consumer Injury)
If I’m in Rehab, Must an Employer Hold My Job? (FindLaw’s Law and Daily Life)
10 Things You Can’t Be Asked at a Job Interview (FindLaw’s Law and Daily Life)
Can I Get Workers’ Comp For Stress? (FindLaw’s Injured)

Source: Legal Law Firm

Let’s say you slip and fall in a county courthouse. Or you’re riding a city bus when it crashes. If you’re injured, you may have an injury claim against the government.
And while all injury lawsuits have time limits, known as the statute of limitations, cases against city, state, or federal entities often have shorter limits and additional filing requirements. Here are a few things to keep in mind if you’re wondering whether it’s too late to sue the government for an injury.

Necessary Notice
The biggest difference between normal injury claims and those against the government is a notice requirement. This means that before you can file your injury claim in court, you first need to file a notice of claim with the government entity you plan to sue. If you are involved in any accident in which a government agency or employee is also involved, one of your first steps should be to file a notice of claim.
The notice of claim is designed to make the government aware that you suffered an injury and give them an opportunity to respond to your allegations before you file a lawsuit. The government will either accept or deny your claim, and if your claim is denied (as most are), you may then file a lawsuit and attempt to hold the government responsible for your injuries.
Tick Tock
Most states have a “Tort Claims Act” that sets out the parameters for filing a notice of claim and the time you have to file it. The limits can vary, from 60 days to six months, so you’ll want to check your local statutes.
The Federal Tort Claims Act (FTCA), which governs injury lawsuits against federal entities and employees, is a bit more lenient. The FTCA gives parties two years in which to file an administrative claim with the government.
No matter what the time limit is, if you don’t file your notice of claim or administrative claim before the clock runs out, your suit could be barred entirely. You should file you notice as soon as possible, and you may want to consult with an attorney before you do.
Related Resources

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
5 Tips for Accidents Involving State, City Vehicles (FindLaw’s Injured)
Vet Can Sue Government for Battery After Botched Surgery (FindLaw’s Supreme Court)
Paralyzed Teen’s $3.5M Settlement: Why Won’t Fla. Pay? (FindLaw’s Injured)

Source: Legal Law Firm

Let’s say you slip and fall in a county courthouse. Or you’re riding a city bus when it crashes. If you’re injured, you may have an injury claim against the government.
And while all injury lawsuits have time limits, known as the statute of limitations, cases against city, state, or federal entities often have shorter limits and additional filing requirements. Here are a few things to keep in mind if you’re wondering whether it’s too late to sue the government for an injury.

Necessary Notice
The biggest difference between normal injury claims and those against the government is a notice requirement. This means that before you can file your injury claim in court, you first need to file a notice of claim with the government entity you plan to sue. If you are involved in any accident in which a government agency or employee is also involved, one of your first steps should be to file a notice of claim.
The notice of claim is designed to make the government aware that you suffered an injury and give them an opportunity to respond to your allegations before you file a lawsuit. The government will either accept or deny your claim, and if your claim is denied (as most are), you may then file a lawsuit and attempt to hold the government responsible for your injuries.
Tick Tock
Most states have a “Tort Claims Act” that sets out the parameters for filing a notice of claim and the time you have to file it. The limits can vary, from 60 days to six months, so you’ll want to check your local statutes.
The Federal Tort Claims Act (FTCA), which governs injury lawsuits against federal entities and employees, is a bit more lenient. The FTCA gives parties two years in which to file an administrative claim with the government.
No matter what the time limit is, if you don’t file your notice of claim or administrative claim before the clock runs out, your suit could be barred entirely. You should file you notice as soon as possible, and you may want to consult with an attorney before you do.
Related Resources

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
5 Tips for Accidents Involving State, City Vehicles (FindLaw’s Injured)
Vet Can Sue Government for Battery After Botched Surgery (FindLaw’s Supreme Court)
Paralyzed Teen’s $3.5M Settlement: Why Won’t Fla. Pay? (FindLaw’s Injured)

Source: Legal Law Firm

Americans work too hard. Because of long hours and work stress, many of us are working ourselves towards a heart attack.
If you get a heart attack, either at work or at home, can you get workers’ compensation?

Work Related
While workers’ compensation law does vary from state to state, generally, you can get workers comp for an injury that is work related. If your job is to put books onto a shelf, and you break your leg falling off a ladder, your injury was a result of your work duties eligible for workers’ comp.
Heart Attacks?
However, heart attacks are harder to prove as work related. Different states have different standards.
South Carolina
To be eligible under South Carolina’s Workers’ Compensation Act, you must have been subjected to some kind of unusual or extraordinary physical exertion, strain, or unusual condition in the course of the employment. You must also show a causal connection existed between the exertion, strain, or unusual conditions to your heart attack.
So, you wouldn’t be eligible just because you happen to have a heart attack during work. However, if you had to work 14 hours straight during the Christmas rush, running back and forth from the storeroom to the store much more than you usually do, you could be eligible for workers’ compensation.
California
In California, you can get workers’ compensation for an injury as long as an event at work or conditions at work caused or contributed to your injury or aggravated a pre-existing condition. In the case of heart attacks you do not need to show that your duties or work-related stress were the only reasons for your heart attack. It is enough that work conditions were a substantial contributing cause, or 35-40% of the cause.
Your employer may argue that you are not eligible for workers’ comp because your dietary habits and physical condition were the cause of your heart attack. However, if you can show that the stress from work aggravated those conditions to trigger a heart attack, you may be eligible.
Heart attack claims, while possible, are often very hard to prove. An experienced workers’ comp attorney can help you meet your burden of proof.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Can I Get Workers’ Comp For Food Poisoning At Work? (FindLaw’s Injured)
If You Can’t Get Workers’ Comp, Can You Get SSDI? (FindLaw’s Injured)
Can You Get Workers’ Comp for a Back Injury? (FindLaw’s Injured)

Source: Legal Law Firm

Americans work too hard. Because of long hours and work stress, many of us are working ourselves towards a heart attack.
If you get a heart attack, either at work or at home, can you get workers’ compensation?

Work Related
While workers’ compensation law does vary from state to state, generally, you can get workers comp for an injury that is work related. If your job is to put books onto a shelf, and you break your leg falling off a ladder, your injury was a result of your work duties eligible for workers’ comp.
Heart Attacks?
However, heart attacks are harder to prove as work related. Different states have different standards.
South Carolina
To be eligible under South Carolina’s Workers’ Compensation Act, you must have been subjected to some kind of unusual or extraordinary physical exertion, strain, or unusual condition in the course of the employment. You must also show a causal connection existed between the exertion, strain, or unusual conditions to your heart attack.
So, you wouldn’t be eligible just because you happen to have a heart attack during work. However, if you had to work 14 hours straight during the Christmas rush, running back and forth from the storeroom to the store much more than you usually do, you could be eligible for workers’ compensation.
California
In California, you can get workers’ compensation for an injury as long as an event at work or conditions at work caused or contributed to your injury or aggravated a pre-existing condition. In the case of heart attacks you do not need to show that your duties or work-related stress were the only reasons for your heart attack. It is enough that work conditions were a substantial contributing cause, or 35-40% of the cause.
Your employer may argue that you are not eligible for workers’ comp because your dietary habits and physical condition were the cause of your heart attack. However, if you can show that the stress from work aggravated those conditions to trigger a heart attack, you may be eligible.
Heart attack claims, while possible, are often very hard to prove. An experienced workers’ comp attorney can help you meet your burden of proof.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Can I Get Workers’ Comp For Food Poisoning At Work? (FindLaw’s Injured)
If You Can’t Get Workers’ Comp, Can You Get SSDI? (FindLaw’s Injured)
Can You Get Workers’ Comp for a Back Injury? (FindLaw’s Injured)

Source: Legal Law Firm