Washington DC Motorcycle Accident Lawyer

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Top 5 Myths about Slip and Fall Accidents

A slip and fall accident can require expensive medical treatment and result in crippling amounts of lost wages.  Some victims are permanently disabled and even lose their jobs.  If you have been injured in a slip and fall accident, you should reach out to a Chicago personal injury lawyer who understands how to maximize your recovery for a slip and fall case.

There are numerous myths about slip and fall accidents.  These range from people who think that they cannot recover damages because they fell (even though the unsafe condition was caused by someone else) to people who think that certain types of entities (such as the state) can never be sued.  Here are five of the most common myths about slip and fall cases.

Myth # 1 – People Who File Lawsuits for Slip and Fall Injuries are Greedy

While a few people may occasionally file nonsense lawsuits to try and shakedown settlements from defendants, the vast majority of slip and fall lawsuits are filed by people who suffered injuries because of a condition on someone else’s property.  These injuries can require expensive medical care, and often result in days, weeks, months, or even years of missed work.  People asking a property owner to compensate them for losses that they suffered because of a dangerous condition on the property owner’s property is not greedy.

Myth # 2 – If the Property Owner Claims he is “broke”, you cannot recover any money

Many times, when a person contacts a property owner after being injured by a dangerous condition on their property, the property owner claims that he or she has no money.  This is rarely true—property costs money!  Of course, it is difficult for an injured person to know for sure whether the property owner is telling the truth, but that is where a personal injury attorney can help.  We track down assets on a regular basis.  In addition, most property owners have insurance, which will cover injuries sustained on their properties.

Myth # 3 – You should take a quick settlement if it is offered

Often, when a person is injured on their property, a property owner will generally quickly offer a small settlement.  “Here is a few hundred $$$ for your trouble; just sign this release, and I’ll hand you some cash.”  While there is nothing wrong with settling a case, the vast majority of people who are injured in a slip and fall have no idea how much their case is worth.  How much will their medical bills be?  How much in lost wages?  How much will your future medical expenses cost you?  Will you miss more work?  Are any of your injuries permanent?  Will you continue to be in pain after the injuries have healed?  Until you understand the entirety of your situation, you should not settle, because once the release is signed, you usually cannot go back and claim that you are owed more.

Myth # 4 – It is easy to tell if you have sustained major injuries in a slip and fall accident

While it is true that in many cases, a serious injury is immediately apparent, in other cases, it can take weeks or even months for a serious injury to be diagnosed.  For example, what is initially diagnosed as a bump on the head may turn out to be a concussion, or an even more significant brain injury.  This is one reason why property owners and their insurance companies are often in a hurry to get a quick settlement done.  It is also why you should also seek immediate medical attention if you are injured, and consult with your attorney before accepting any settlement offer that is made.

Myth # 5 – If you are injured due to a slip and fall, the property owner must compensate you

This is one of the most common and costly myths regarding slip and fall accidents.  However, the reality is that if you are injured in a slip and fall accident, the burden is on you to prove that the injuries were as a result of the property owner’s negligence.  A personal injury attorney can be vital in helping you prove your injury claim.

konrad-picThanks to our friends and co-contributors at The Law Offices of Konrad Sherinian, LLC for their added insight into slip and fall related personal injury claims.

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The Effects of Injury on Your Relationships

When your life has been impacted by an injury, it’s easy to overlook the effect that this change might have on your relationship with your partner. As a Bethesda, MD therapist might explain, many couples will struggle to come to a “new normal” with regard to co-managing their lives. Here’s what to expect, and how to cope:

 

  • Communication is the single biggest challenge for couples overcoming injury together. When both partners are stressed, communication is likely to take on a new intensity that may be difficult to manage. Both partners may find themselves hesitant to express negative feelings for fear of burdening or overwhelming the other partner. These challenges are best managed through sincere, focused attention to the goal of healthy communication. Make a commitment to sit quietly together and speak honestly about relevant feelings and challenges at least once a day. The goal is to provide empathy—to give your partner the message that you understand what they are feeling, and that it matters to you. The goal is NOT to agree to feel the same way about something, or to try to make sense of WHY your partner feels the way they do. Feelings are often not logical, and it’s easy to get stuck if logic and emotion are at odds with each other.
  • Relationship roles that are well-established can be tough to change in the face of a serious injury or health condition. Many couples divide or alternate responsibilities, and a new system will likely be needed during and after recovery. Partners who previously considered their relationship to be egalitarian may be uncomfortable with a shift to a more hierarchical structure if, for example, the non-injured partner must make decisions for the injured partner that s/he would have previously made for themselves. You should expect and allow for an adjustment period while you work together to get these shifts figured out. Be open with close friends and families about what kids of changes you’re making to relationship roles so that they don’t inadvertently put pressure on the injured partner to fulfill old role expectations. Be gentle with each other, and expect that your partner will likely not do things the same way you did. The most important thing is that the necessary tasks get done, not that they get done a certain way.
  • The injured partner may be less able to fulfill responsibilities that they have taken on for much of the relationship, both during and after recovery. In addition to filling this gap, the non-injured partner will likely need to take on new responsibilities for the physical care of the injured partner. These tasks are best managed with a flexible and positive perspective. It may also help to let go of some expectations about how things will be managed. For example, if your pre-injury life included a spotless house and pristinely manicured lawn, that standard might not be functional in the post-injury period. Let yourself be OK with a little mess here and there. The most important thing is to spend time together and focus on recovery.

 

Bethesda MD therapist

Thanks to our friend and blog author, Lindsey Hoskins of Lindsey Hoskins & Associates, for her insight into the potential effects of an injury on your personal relationships.

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Am I Liable if Someone Borrows my Car and Gets in an Accident?

As a practicing Des Moines, IA personal injury attorney, I am often confronted with what I call the “cocktail party question”. That is, whether at a cocktail party or just hanging out at the pool, it is almost inevitable that someone, upon hearing I’m a lawyer, walks up and tells me a long and convoluted fact pattern followed with a, “can they do that?” This type of question to a fact pattern is never simple to answer, especially when I’m not wearing my lawyer hat! Another angle of the cocktail party question is when I’m asked a seemingly easy question but, due to missing information, I’m again at a loss. This latter scenario occurred just days ago, and I came away from the conversation feeling like I probably caused the poor lady who asked more confusion than she had when we first started talking. With a glimmer of hope that she will ever see this article, below I am attempting to offer her a more thorough answer than I had previously.

Her question to me? Am I Liable if Someone Borrows my Car and Gets in an Accident?

Again, a straightforward question with a challenging answer. The safest answer to this question is the oft-used, “it depends”. The reason “it depends” is due, in large part, to differences in laws from jurisdiction to jurisdiction. Therefore, if you are faced with this question, it is important to research the laws in your specific state to ensure accuracy.

That said, frequently the owner of a vehicle is indeed liable if they loan out their car and the driver gets in an accident. In many states, the priority for negligence claims stemming from a motor vehicle collision is owner first then operator. For example, you loan your car to your neighbor who proceeds to hit a pedestrian with your car. The victim would make their first claim for injury against your insurance policy then, if they are not fully compensated by your insurance carrier, they can then make a claim against the operator (neighbor). This situation is why some parents who buy cars for their kids choose to put the car and insurance in the child’s name as this help protect the parent should the child injure someone in an accident.

However, even in cases in which owner / operator isn’t the priority for claims, the owner isn’t necessarily off the hook should someone else crash their car. There is a claim that may be able to be brought called negligent entrustment in which the injured party might be able to make a claim against the owner for negligently entrusting your car to the person who injured them. While this claim isn’t made terribly often, it does exist and, under the right circumstances, can be made.

4b2ffd6a54db454c7eeed4b145f1447a Thanks to our friend and blog author, Christopher A. Johnston of Johnston|Martineau PLLP, for his insight into car accident liability.

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What is Uninsured Coverage?

Have you ever considered what might happen if you are involved in an accident with someone who is not covered by insurance?  If they are at fault, who pays your medical bills?  Who repairs the damage to your vehicle? As a Little Rock AR personal injury lawyer, we hope that you never find yourself in a situation that requires the answer to these questions; but if you do, here’s a little info that may help you be prepared:

Uninsured Coverage

Uninsured motorist coverage protects you if you’re in an accident with a driver who has no insurance. For this reason, uninsured motorist coverage is compulsory in all states and the District of Columbia except for New Hampshire (Live Free or Die…literally).

This scenario may be more common than you’d initially think.  Consider all the drivers on the road out there who are risking driving without insurance.  Think of all the drivers on the road who could be an excluded driver under their family’s policy.  Think of all the possibilities of shopping at the mall and coming out to find someone hit your car in the parking lot and didn’t have the courtesy of waiting to tell you or even leaving a note.

What does uninsured motorist coverage typically cover?  Uninsured insurance offers coverage for bodily injury to you and your passengers.  It’s important to note that uninsured motorist property damage (damage to your vehicle and contents) coverage is not available in some states.

Most states also require that you have a minimum level of uninsured protection in an effort to protect you if you are involved in such an unfortunate situation.  Keep in mind that the minimum level of insurance required (for example, $10,000 in Florida) may not be sufficient to pay for catastrophic (or even moderate) injuries.  As a matter of fact, the minimum level of insurance required may not even cover a trip to the ER.  For this reason, it’s important to review your policy and determine if you have sufficient coverage.

Uninsured motorist coverage is also triggered in a hit-and-run scenario.  This is also more common than you might think.  Statistics suggest that one in seven motorists may be required to use their uninsured coverage over their lifetime. For these reasons, it’s important to review your insurance policy and make sure that your coverage is at a level with which you’re comfortable.

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When are Attorney’s Fees Awarded in Personal Injury Cases?

Personal injury attorneys are required to tell prospective clients that a court may award attorney’s fees and costs to the other party at the end of your case. But when does this actually happen? Today’s blog will answer your questions.  First and foremost, this rule on attorney’s fees and costs only applies if your case goes to trial or arbitration.  If your case settles prior to trial, this rule should never come into play.

For example, the rules that apply when a court decides if attorney’s fees and costs should be awarded in personal injury attorney cases can be found in Nevada Rule of Civil Procedure, Rule 68 and NRS 17.115. The rules basically applies when the other side made you a settlement offer. However, in evaluating the offer, you decided to go to trial instead of settling. But, the jury awarded you less than what was offered prior to trial. The court may award the other side their fees and costs for having to take the case to trial needlessly, because you would have gotten more money if you had just settled.

A case that was handed down in the 1980s, talks about four specific factors when looking at an award of fees:

  • The trial court must carefully evaluate the following four factors: (1) whether the plaintiff’s claim was brought in good faith; (2) whether the defendant’s offer of judgment was reasonable and in good faith in both its timing and amount; (3) whether the plaintiff’s decision to reject the offer and proceed to trial was grossly unreasonable or in bad faith; and (4) whether the fees sought by the offeror are reasonable and justified in amount.  See Beattie v. Thomas, 99 Nev. 579, 588-89 (1983).

Under the same example, the Las Vegas, Nevada Supreme Court case says, just because the court could potentially award the other side attorney’s fees and costs, it might not necessary do so. They say hindsight is always 20/20 and this applies when looking back after a trial is over. As long as a court determines that you and your counsel acted in good faith in taking your case to trial, the other side will not likely be awarded any fees and costs.

A personal injury attorney may be able to go over this with you in more detail. If you have questions about your accident case or attorney’s fees, call a top personal injury attorney today for a free, confidential consultation.

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3 Myths About DUI/DWI

The list of misconceptions about DUI/DWI charges is longer than the imaginary line that officers ask someone to walk during a walk-and-turn test.  As a trusted Allen TX DUI/DWI defense lawyer, I address three of those common myths below:

MYTH 1:  I can’t be convicted of DUI/DWI if my blood alcohol concentration (BAC) was below the legal limit.

REALITY:  Most state statutes allow the prosecution to achieve a conviction for DUI/DWI even if a breathalyzer or blood draw determines your BAC was below the legal limit.  Generally, the state only has to prove that your mental and/or physical condition has been diminished to the point where you can’t operate a vehicle normally.

MYTH 2:  You can’t face a civil suit based on a DUI/DWI charge.

REALITY:  If you injure someone or are involved in an accident stemming from a DUI/DWI, you can and likely will be sued for property damage, medical expenses, lost wages, and other legal costs.  The standard of proof in a civil case is much lower than that in a criminal case, so even if you are found not guilty on the DUI/DWI charge, you aren’t out of the woods.  Most insurance companies will not cover “punitive” damages designed to punish you for getting drunk and injuring someone; thus, you face the risk of having to pay those damages out-of-pocket.  Finally, your plea and any admissions made by you in the criminal case can affect your civil suit.  If you end up pleading guilty to the DUI/DWI charge, that will make it that much easier for the plaintiff to make his or her case.

MYTH 3:  Fines, jail time, probation, and civil lawsuit damages are the only consequences of a DUI/DWI conviction.

REALITY:  A DUI/DWI conviction can have lasting, unintended consequences on your life. Your driver’s license will likely be suspended for a period of time inconveniencing your family and friends.  Even if you receive a “work permit” or “occupational” driver’s license, driving outside specified hours can subject you to additional criminal penalties.  A conviction can also have travel and immigration consequences as well.  Some countries will outright deny the ability to immigrate there while others will deny naturalization, and deny or delay “green” card/work visa renewal.  Travel to and from the U.S. can be delayed at customs, and business trips to some countries may be delayed or blocked altogether.  Your criminal record will likely affect future employment, housing applications, and child custody matters as well.

Drink responsibly; but if you’re charged with a DUI or DWI, contact an experienced DUI/DWI lawyer today.

Thanks to our friend and blog author, Scott M. Ruggiero of SMR Legal Group, for debunking a few common myths surrounding DUI/DWI charges.

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Why Hiring a Washington DC Motorcycle Accident Attorney is Crucial

Why hire a motorcycle accident attorney in Washington, DC?The fatality rate involving motorcycle accidents in the United States has been steadily increasing year by year. Out of the many cities in the States, the Washington DC metro area has been acknowledged as one of the most accident prone regions. The most common causes for motorcycle accidents are speeding & reckless driving, overtaking from the wrong side, mixing alcohol and driving, etc. These accidents occur in a split second but often long-term physical, emotional and financial damages also adversely affect your personal and social lives.

Here are three important reasons why hiring a reliable Washington DC motorcycle accident attorney is critical if you are involved in a personal injury situation:

Counseling

When you are not at fault in a Washington DC motorcycle accident, you can seek justice and be fairly compensated. However, there are various conditions, and regulations involved along the way through which only a dependable motorcycle accident attorney in DC can effectively counsel you. Cohen & Cohen, P.C.’s attorneys can help guide you through the laborious litigation process and help you obtain proper compensation. By meticulously working alongside you, they can help you seek out all the details and correctly guide you with laws that may be pertinent to your particular case.

Knowledge and Experience

A reliable motorcycle accident attorney in DC is well trained to effectively respond during highly sensitive accident cases. They have gone through strict training and internships to provide competency and protect the interest of their clients. While working in your case, they will meticulously analyse and interpret each detail to determine the most credible solution and help you get compensated without much effort. When hiring a DC motorcycle accident attorney, it is important to consider the attorney’s experience in dealing with motorcycle accidents.

Support

An accident situation can be extremely emotionally difficult. Victims often become depressed and suffer financially. This is all while also considering various aspects related to medical attention and seeking justice. At the onset such unfortunate and difficult situation, your motorcycle accident attorney can keep your spirit high while assisting you through your recovery and litigation process.

So, if you have been harmed in a Washington DC motorcycle accident, Cohen & Cohen PC can help. With years of expertise and experience in accident litigation, our veteran motorcycle accident attorney DC can diligently guide you and represent you against the offenders, while fighting for your deserved compensations.

To know more details on our Washington DC Motorcycle Accident Attorneys, contact us for a free case evaluation.

 

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Carbon Monoxide Poisoning

As Washington DC motorcycle accident attorneys, we know that most people understand that operating any motor vehicle poses a risk. However, individuals must also be aware of the dangers that drivers face even in safe driving conditions: one such risk is carbon monoxide poisoning. We cannot readily see, smell or sense carbon monoxide in the atmosphere, which is what makes this gas particularly dangerous. Carbon monoxide exposure can quickly turn fatal and can have lasting effects on our health and quality of life. If you have suffered a personal injury due to carbon monoxide poisoning, the Washington DC personal injury lawyers at Cohen & Cohen, P.C. may be able to help.

Most people are exposed to carbon monoxide each day but the amount of carbon monoxide we inhale is usually negligible. Household appliances such as cooking ranges and wood stoves, and  motor vehicles such as cars and motorcycles contain combustion engines, which emit small amounts of carbon monoxide. When the engine does not oxidate (combust) properly, due to a leak in the system, we may inhale dangerous levels of this toxic gas. If this occurs, a manufacturer may be to blame and you may be entitled to compensation. Speak with an experienced Washington DC motorcycle accident lawyer about your legal options.

Exposure to carbon monoxide poisoning can lead to temporary or permanent illness and  even death. Initial symptoms often mimic influenza but, over time, can prove far more serious and longer lasting. Symptoms may include but are not limited to:

  • nausea and vomiting
  • shortness of breath.
  • impaired speech function
  • confusion
  • blurred vision
  • headache
  • dizziness
  • loss of consciousness

While it is entirely possible that you may recover from these symptoms, they may persist and be a sign of severe neurological damage. Often when one suffers a brain injury from carbon monoxide exposure, the cause of the injury is not readily apparent. If a patient has not sustained any recent head trauma, doctors may be perplexed as to why the patient exhibits signs of brain damage. As soon as you exhibit any of the aforementioned symptoms, or suspect that you have been exposed to toxic carbon monoxide levels, consult with a physician. The sooner you do, the sooner you can get proper medical assistance.

Carbon monoxide poisoning is less likely to occur with a motorcycle than with an automobile or truck. However, it is still best to be aware of the health risks when operating any motor vehicle. Remember also to start your motorcycle in an open space where toxic fumes will not easily accumulate.

If you were exposed to carbon monoxide, whether at home, in your vehicle, or through another source, you may be entitled to compensation for medical expenses and other losses. The Washington DC car accident attorneys at Cohen & Cohen PC can advocate on your behalf. Contact us today for a free case evaluation.

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Injured in a Motorcycle Accident: What is a Good Settlement for My Pain and Suffering?

There are unique risks when one operates a motorcycle so it is especially prudent that motorcyclists know and understand what to do in case of an accident. Should you find the need to consult with a Washington DC motorcycle accident lawyer, you will have many questions. One such question will likely be, “What is a good settlement for the pain and suffering that resulted from my motorcycle accident?” First, let us explain what “pain and suffering” means.  A Washington DC vehicular accident lawyer will advocate for compensation for you  in two areas “special damages,” which include measurable costs such as hospital bills, physical therapy bills, medication and lost wages , and then “general damages,” which account for more abstract consequences of  the accident, part of which include your pain and suffering.  Some forms of pain and suffering include:

  • Physical discomfort or pain resulting from the accident, whether permanent or temporary
  • Emotional and psychological pain such as anxiety, insomnia, memory loss and depression etc.
  • Physical limitations resulting from the injury that prevent routine activities, prohibit enjoyment in hobbies, and affect your mental and physical ability to care for children and family, etc.
  • Loss of consortium, i.e. the inability to be intimate with a spouse

General damages are not without basis but rather, stem from the more tangible special damages or the measurable financial losses from the accident. There are two main subcategories of pain and suffering:

  • Current pain and suffering:  pain and suffering endured from the time of injury until treatment ends
  • Current and future pain and suffering: pain and suffering that begins with the injury and continues into a definite or even indefinite time in the future

Because it accounts for longer term costs, this latter form of pain and suffering generally yields a higher settlement because it accounts for future costs. However, exact future costs are harder to determine, so insurance claims adjusters often use that point to argue for a lower settlement. This is where a top-tier Washington DC motorcycle accident attorney can be especially helpful.  An experienced Washington DC motorcycle accident attorney will know how to make those harder-to-determine costs easier to understand and track.  One of the best ways to build a case and gain a fair pain and suffering settlement is to keep a detailed record of your injuries’ effects.  It may be helpful to keep a journal so you can accurately record your physical and emotional pain and suffering.  It is also wise to take photographs of the injuries you sustain as clear visuals help more directly convey the pain endured.  Bills and reports for psychological or psychiatric counseling treatment are also excellent indicators of the trauma a motorcycle accident has caused and aid in gaining a fair pain and suffering settlement.

For more information on calculating pain and suffering, schedule a free case evaluation with one of our Washington DC car accident attorneys today.

 

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