Getting What You Need out of Your No-Fault Claim

You’ve survived a car accident, but you’re now dealing with accident-related injuries. You may even still be in the hospital recovering from the wreck. You know you should file a claim to receive a check from your no-fault insurance company to pay for all the accident-caused expenses you’re dealing with.

You are being handed hospital bills, you are missing time from work, and you don’t even want to think about how your vehicle looks after the crash. Maybe your car has even been totaled. What are you going to do? How are you going to get the most out of your no-fault insurance policy to see that you receive the money you’re owed?

Understanding No-Fault Insurance in New York

Filing a no-fault insurance claim in New York is easy in theory, but it can be much more difficult than people imagine. Even your own insurance company doesn’t always want to pay you what’s fair for your accident and damages.

You may not have to prove that another party was at-fault because you live in a no-fault state, but that doesn’t mean you wouldn’t have to prove other things to your insurer. You will have to prove the extent of your injuries for one thing. You will also have to prove that the medical treatment you received was “reasonable and necessary.”

Why are Insurance Companies So Difficult to Deal With?

Insurers may try to deny part of your claim, suggesting that your injuries aren’t as serious as you’re claiming. They may refuse to pay you for some of your medical bills, by stating that the treatment wasn’t necessary.

The fact of the matter is that insurance companies will do anything they can to lower your claim’s value. They want to keep as much money as they can, so they will try to pay you less.

Hiring a Lawyer to Help With Your No-Fault Claim

Unless you know a lot about no-fault insurance you may want to look into hiring a car accident attorney. Your attorney can assist you greatly in dealing with your insurance company. Your attorney can argue your case, communicate with the insurance company, and keep them from taking advantage of you.

Assistance with Your Claim From an NYC Car Crash Attorney

You might not think it’s necessary to have a lawyer help with a no-fault claim, but it’s not a bad idea to have one. Your attorney will ensure that you are paid for your medical expenses, missed wages, and other benefits your insurance policy provides.

An NYC no-fault auto accident lawyer will also see that you file all paperwork accurately, that your losses are well documented, and that the insurance company treats you fairly.

Does Sacramento Allow DUI Checkpoints?

Have you been caught in a DUI checkpoint? It can be incredibly frustrating when you’ve been ticketed for driving under the influence, but you weren’t actually pulled over because your driving was poor; rather, you were “caught” in a checkpoint.

Sacramento does allow DUI checkpoints, but there are some rules associated with them. If you know more about these rules, you may be able to avoid the checkpoints entirely, or you could fight against a DUI charge.

Fighting a charge may seem intimidating, but there’s often a way to win. If the officers at the checkpoint didn’t follow the law perfectly, you can prove that your rights were violated. Read on for more information on the rules in California pertaining to DUI checkpoints.

The DUI Checkpoint Rules in Sacramento

The following are some of the rules that California law requires those in charge of DUI checkpoints to follow.

  • The checkpoint must be in a reasonable and safe location.
  • The method of stopping drivers (e.g. every third car) must be random.
  • The supervising officers are the ones who can make operating decisions.
  • Reasonable safety precautions must be taken.
  • The time and location of the DUI checkpoint must be in good judgment.
  • The checkpoint must show that it’s an official stopping place.
  • Roadblocks must also be advertised in advance, publicly.

If the DUI checkpoint where you were stopped doesn’t adhere to these rules, then you will have an excellent case if you’re trying to fight against your DUI charge.

Fighting a DUI Charge

If you believe that something was amiss at the DUI checkpoint where you were stopped you could try fighting against your charge. There are ways to keep a drunk driving crime off your record, but you won’t be able to do so if you plead guilty to the crime. Once the charge is on your record it’s there to stay. You will be affected by your charge for life.

Negative Consequences of a Sacramento DUI Conviction

There are many negative effects of receiving a DUI conviction. For starters, the DUI can make it very difficult for you to secure good employment, or you could even lose your job if convicted. Some employers won’t even consider an applicant that has a DUI on their record, or that has any crime on their record.

Your crime could also greatly impact your finances, if you can’t get a job because of the crime on your record. It can also keep you from earning a better wage in the future.

You could also be forced to pay substantial DUI fines, and there are almost certainly license-related fees. Not to mention the cost of an ignition interlock device, which all those who are convicted of a DUI in Sacramento are forced to install in their vehicle, regardless of whether it was a first offense.

Other negative effects of a DUI conviction include:

  • Family life will be affected
  • Embarrassment/humiliation
  • Self-esteem
  • Can impact future sentencing for other crimes

Need Some Help from a DUI Attorney in the Sacramento Area?

Have you been charged with a DUI? Whether you were stopped at a checkpoint or an officer pulled you over, that conviction will change your life. Get help keeping a charge off your record by working with a DUI lawyer in Sacramento.

New Mexico Personal Injury Lawsuit Checklist

People who are injured by someone else’s negligence in New Mexico have the opportunity to bring a personal injury case in New Mexico civil courts. However, if you are hurt by a government employee or agency, the situation will need to adhere to different rules that dictate tort claims against government agencies, employees and entities in New Mexico. The following article will explain the key points or rules pertaining to a case of this nature.

The New Mexico tort claims act states that government employees and entities are granted immunity from liability for any tort. However, exceptions do exist and that leads to the next question.

What Does the Act Cover?

According to this tort claims act, it insinuates that government employees and entities cannot be held liable even if they cause harm to a private person or company. However there are several exceptions and it is possible to seek compensation from the government in New Mexico if you are injured as a result of a car accidents whereby the car was driven by a government employee who was carrying out his duties at the time. You may also qualify for compensation if your injuries resulted from dangerous or defective property such as a slip and fall incidents or even a physical attack caused by inefficient security or perhaps even a physical attack by a government employee.

You may also seek compensation for medical malpractice caused by a government employee who was working in the healthcare institution. Negligence claims pertaining to maintenance of public roads and streets or construction including pictures, sidewalks, alleys and parking lots are also allowed. Compensation may also be given for injuries arising from the way of government or any of its employees working at an airport.

Since exceptions do exist for every possible scenario, meaning that there are exceptions to the exceptions, it is advisable that you read over New Mexico’s statutes and also speak to a qualified attorney or personal injury lawyer before pursuing a personal injury claim against the government.

If you believe that you stand a good chance of receiving compensation for your injuries, then your claim must be filed within two years of the date of injury. However, if the injured person is younger than seven years, at the time of injury, that individual has until his or her ninth birthday to file a claim. The rule is that if the claim is not filed within the two-year period, it will not be heard in court.

In cases of damages under the new tort claims act, the government can be expected to pay approximately $200,000 for property damage, $300,000 for past and future medical expenses and $400,000 for damages not resulting from property damage or medical bills.  Ultimately, under the new act, the government will not pay more than $750,000 to any individual for damages in any one claim. Injured parties are also not allowed to seek punitive damages in claims against the New Mexico government. In addition to bringing a lawsuit against the state government, victims of personal injury can also bring claims against the local and municipal government bodies in New Mexico.

https://www.nmcourts.gov/

https://en.wikipedia.org/wiki/Personal_injury

What is the Jones Act?

The Jones Act is a law put into legislation in 1929 and it focuses on regulating issues pertaining to the shipment of goods and people on coastal waterways in the United States. This law also gives rights to seamen (sailors) to seek damages in the event they are injured while at sea or because of their employment on a navigable vessel.

If You’ve Been Injured, You’re Entitled to Benefits

In addition to governing criminal offenses and cargo issues that take place on “vessels,” one of the most important aspects of the Jones Act is that it lays out the seaman’s rights and protects seamen legally in a similar way to workers’ compensation laws.

When a seaman is injured, he or she has a right to file a claim and recover compensation, particularly if negligence was involved in the accident.

The threshold for negligence on a vessel is very low in comparison to other types of injury cases. It’s expected that a vessel be well maintained at all times, as the nature of work aboard a moving vessel is considered dangerous.

The following are some of the types of benefits an injured seaman can receive when a claim is approved:

  • Payment of all related medical expenses and future medical costs
  • Lost income and future lost income
  • Compensation for the pain and suffering of the experience

Maintenance and Cure May Be Able to Help You

Even if you can’t prove negligence under the Jones Act, you can still receive some benefits while you’re recovering from your work-related injuries as a seaman. This is due to maintenance and cure. Your employer is expected to provide you with enough monetary compensation to pay your living expenses and your medical bills.

If You Still Aren’t Sure What to Do after Being Hurt

When you’ve been hurt in an accident and you work aboard a vessel then you have rights under the Jones Act. If you believe that some negligence was involved in your accident then you probably can receive compensation for your injuries and suffering.

For example, if your injury was caused by some equipment that was left in the middle of the deck, causing you to fall and break your leg, then you should be able to prove that negligence was the cause. A few more examples of negligent accidents aboard a vessel are as follows:

  • Grease spills on the deck
  • Poorly maintained equipment
  • Inadequate training of employees
  • Failure to enforce safety procedures

If you believe you’re owed damages for your accident you may consider getting help from maritime injury attorneys Braud & Gallagher. Attorneys will be able to examine your case and help to determine if you are owed compensation for your experience and your injuries.

Idaho Traffic Crash Statistics

Surely, you’re not surprised that car accidents are dangerous events that lead to serious injuries and death. Regrettably, some people still don’t take driving seriously and they don’t give it the proper care and attention it deserves.

Driving is inherently dangerous and everyone should drive carefully and defensively out on the roads, staying alert, and following all safety recommendations. When other drivers don’t follow the rules of the road, you can be injured.

There are some behaviors that are known to be dangerous and yet negligent drivers still partake in these risky activities. Reckless driving behaviors like speeding, drunk driving, and distracted driving are just a few of the actions in which drivers should not participate.

What are Some of Idaho’s Car Crash Statistics?

Listed below you’ll find some of Idaho’s auto crash date for 2016.

  • In 2016, 1.48 people died on Idaho’s roadways per 100 million vehicle miles traveled. This number is up from 1.30 in 2015.
  • 78% of fatal vehicle collisions occurred on Idaho’s rural roadways, although 65% of all auto wrecks occurred on urban roadways in 2016.
  • In 2016, Idaho’s observed seat belt use increased to 83%. Regrettably, only 35% of the accident victims killed in crashes were wearing their seat belts. If all the occupants of fatal accidents had been wearing their seat belts, 57 out of the 113 unbelted occupants’ lives might have been saved.
  • 51% of auto wrecks in Idaho in 2016 were attributed to aggressive driving behaviors. 83 people were killed in crashes because of aggressive driving that year.
  • 20% of crashes were caused by distracted driving in 2016. 64 auto accident victims were killed that year because of distracted driving.
  • Young drivers, ages 15-19, are still very likely to be involved in fatal or serious injury collisions. They are 2.6 times more likely to be in an accident than other drivers. 27 people were killed in Idaho in 2016 because of the involvement of young drivers.
  • 24 bicyclists/pedestrians were killed by motor vehicle crashes in Idaho in 2016.
  • In 2016, the number of motorcyclists killed decreased to 22. Just over half of motorcyclist fatalities involved only the motorcyclist, and 24% involved an impaired driver.
  • Fatal wrecks involving commercial vehicles increased to 35 in 2016.

What Do You Do if You’ve Already Been in a Traffic Crash in Idaho?

Need legal assistance? You may want to try car crash lawyer Craig Swapp for help with your car accident claim. Vehicle accident attorneys can assist you in a variety of ways.

They can investigate your accident to determine what happened and who’s to blame. They will help you gather evidence to prove your case, and will help you secure a settlement to pay for your damages. In addition, your lawyer can take your case to court if required.

Some people try to file an insurance claim without legal help. This is possible too, but it’s not usually recommended. An attorney can get the most out of your auto wreck claim in Idaho.

Delaware Injury Laws You Should Know

If you plan to file a personal injury claim in the state of Delaware, you’ll need to the help of an experienced attorney.  People file these types of lawsuits for all sorts of reasons such as car accidents, slip and fall, dog bites, and medical malpractice among many other scenarios.

Injury Laws to Know in Delaware

Whether you are planning to file a lawsuit or you’re already in the midst of one, there are a few things good injury attorneys in the state of Delaware will tell you.

There are deadlines for filing lawsuits in the state of Delaware.  In fact, there are deadlines for filing claims in each state and those deadlines may vary based on the type of situation where the injury occurred.  In Delaware, the deadline (also known as a statute of limitations) is 3 years from the date that the injury or accident occurred.

This is an important window to take note of because that is the time you have to file a claim in a civil court.  For many cases this deadline is more than enough. For example in car accidents or dog bite cases, the span of time that passes from when an accident occurs until a person feels like they need legal remedies is not that long.

In other cases like those involving negligence on the part of an entity that causes damage down the road, three years may get eaten up pretty fast.  

Shared Fault Rules in Delaware Injury Cases

In some states, the person who incurred the injury is not subject to partial fault (even if they did have some responsibility in causing their own injury).  In Delaware however, the civil courts use a comparative fault rule in cases where the injured party is found to be at least partially responsible for their own injuries.

In other words, if you were partly responsible for your own situation, then some of the blame will be placed on you and that is reflected in any damages you are eligible to recover. Using this rule, the courts reduce the amount (if any) of damages that a person receives based on their percentage share of the fault.

Claimants need to be aware of these rules before they go through with their lawsuit.  Not only will they be fully prepared for what to expect should they win but they will also be making a fully informed decision on whether it is worth their time to sue the other party.  

Special Circumstances for Car Accidents

In Delaware, when someone is in a car accident they have multiple legal rights.  For example they can file an insurance claim under their own insurance coverage or that of the at-fault driver in the accident.  They also have the right to forego filing a claim and suing the at-fault driver in court to recover damages.

Regardless of what your plans are to file a personal injury claim, these rules and procedures are something you should be aware of.  Understanding your rights and options under the law can save you a lot of headache in the future.

Pretrial Diversions in Indiana

We all make mistakes, but sometimes those mistakes can land us in especially hot water. Maybe you didn’t intend to break the law, or you didn’t think it was so serious. Unfortunately, now you’ve been arrested, and you can expect this to show up on your record.

This puts you in a bad situation. A conviction can cause plenty of trouble for you, some of which can be long-lasting. You’ll need good defense attorneys on your side who can help you get a pretrial diversion and avoid serious charges that could haunt you for years after your conviction. If you’re a first-time offender, speak to your attorney about your options.

What is a Pretrial Diversion?

For those offending for the first time, a pretrial diversion can help you avoid some of the serious consequences that come with a conviction. This diversion allows you to waive certain rights to your trial. In exchange, you’ll complete a program that essentially rehabilitates the offender and shows that they won’t offend again.

For example, if you were arrested for possession of controlled substances, a pretrial diversion might focus on counseling, rehabilitation for drug abuse, and supervision over your progress. Once you’ve completed the program, you will have your charges dismissed, leaving you with a clean record.

Eligibility for a Pretrial Diversion

Keep in mind, before you ask your attorney, that you might not be eligible for a pretrial diversion. You’ll need to meet certain requirements, which includes your offense and whether you’re a first-time offender. If you were arrested for any of the following crimes, you won’t be eligible for pretrial diversion:

  • Murder
  • Offenses involving the federal Motor Carrier Safety Improvement Act
  • Driving while intoxicated  

Other elements may affect your chances of being approved for pretrial diversion. For example, violent crimes that indicate that you may be a danger to the community may bar you, even if it doesn’t fit in the above ineligible offenses. As such, you’ll need to speak to your lawyer about your options for pretrial diversion and if you’re eligible.

A Lawyer Can Help

Being arrested for the first time doesn’t just leave you concerned for your criminal record: it can be embarrassing, frustrating, and upsetting. Your first offense may be difficult to deal with, especially if you feel genuine remorse for your actions. Fortunately, pretrial diversion may be an option for you.

Start by speaking with your defense attorney about pretrial diversion and your case. They can review whether you’ll be eligible and whether it’s the best option for you. They can also help you get a pretrial diversion, so that your main concern can be getting through the program and getting your charges dismissed.

If you’re concerned about a first offense on your record, pretrial diversion can protect you from major consequences like jail time, a lost job, and many others. So, before your case goes to trial, talk to your lawyer about a diversion. It could protect your record.

The Difference Between a DUI And DWI in Texas

While most people are familiar with the terms ‘DUI’ and ‘DWI’, the similarities and differences might not be fully understood. As laws vary from jurisdiction to jurisdiction and state to state, we are presently examining the difference between DUI and DWI in Texas. In Texas, driving under the influence and driving while intoxicated have some commonalities and differences that, in legal terms, have different outcomes and carry different penalties. While both refer to the operator of the vehicle being intoxicated above acceptable levels that result in the impairment of their faculties, due to drugs or alcohol, there are some crucial differences in the state of Texas, due in part to their zero-tolerance policy.

The Differences Between Texas DUI and DWI

In Texas, there are a few differences between a DUI and DWI, but the main one involves the age of the individual operating the vehicle. According to Texas law, a vehicle operator who is 21 or older is legally intoxicated when their blood or breath-alcohol concentration is .08, or when they are impaired by drugs. In either of those scenarios, the individual can be charged with a DWI.

If a driver is pulled over who is under 21 years of age and they are found to have consumed any amount of alcohol, that individual can legally be charged with a DUI. The question of impairment is irrelevant as under Texas law, drivers under the age of 21 are not allowed to drive with any amount of detectable alcohol in their system; in Texas, this is known as the ‘zero-tolerance’ policy. In the same situation, if the minor has a blood or breath-alcohol concentration of .08 or higher, they can also be charged with a DWI.

Penalty Differences Between a DWI and DUI

The differences between a DWI and DUI also include the enforced penalties. For first-time DWI offenders, possible penalties include a hefty fine of up to $2,000, a driver’s license suspension for up to a year, jail time served between 3-and-180 days, and a reoccurring annual fee of $1,000 or $2,000 for up to three years to maintain their driver’s license. These penalties are severe, can affect your driving record, and be highly disruptive to daily life and maintaining gainful employment.

DUI Penalties for Minors

In terms of potential penalties for a minor who is pulled over for driving with detectable alcohol in their system, they vary somewhat: fines of up to $500, 20-to-40 hours of community service, a driver’s license suspension for 60 days, and the completion of a series of mandatory alcohol-awareness courses. With each subsequent offense, for both adults and minors alike, the penalties increase in severity for both DWIs and DUIs.

The main difference between DUI and DWI in Texas involves a couple of factors: the age of the individual operating the vehicle, and the amount of impairment. While an adult being charged with a DWI has to have a legal drug or alcohol impairment (BAC) of .08, a minor found to have any amount of detectable alcohol in their system can be charged with a DUI; this is due to the zero-tolerance policy in Texas. A minor, however, who also has a BAC of .08 or higher can also be charged with a DWI.

If you find yourself being charged with a DUI or DWI in Texas, the potential penalties can be severe and carry with them long-reaching consequences. You will want to take the offense very seriously, and seeking out drunk driving defense lawyers in Texas can help ensure you are getting the best possible defense and outcome for yourself.

https://en.wikipedia.org/wiki/DWI_(disambiguation)

https://en.wikipedia.org/wiki/Driving_under_the_influence

 

Unusual Forms of Medical Malpractice

People who suffer from further injuries at the hands of their medical professionals have the opportunity to file medical malpractice claims against the at-fault party to hold them accountable for their negligent actions and recover the compensation they’ll need to pick up the pieces of their lives.

There are many types of medical mistakes that occur with alarming frequency such as misdiagnosis, failure to treat, and surgical errors, to name a few. However, there are also some unusual forms of medical malpractice errors you might not be aware of. Continue reading to learn more about uncommon types of medical mistakes.

Anesthetic Awareness

Anesthetic awareness occurs when a patient who has been put under anesthesia is awake during the procedure and can both hear what’s going on around them and feel the sensations of the surgery being performed.

This sometimes can happen due to an adverse reaction to the anesthesia, but is considered medical malpractice, as the anesthesiologist should be paying close attention to the patient throughout the procedure.

A responsible anesthesiologist would administer the anesthesia at the appropriate time prior to the surgery beginning to ensure the patient was asleep, and then continue to monitor the patient throughout the surgery looking for signs of distress. Anesthetic awareness is one of the most traumatizing types of medical malpractice a patient can experience.

X-Ray Overdoses

Though uncommon, patients can overdose on the radiation emitted from an X-ray machine. An overexposure of radiation can cause cancer growth, organ failure, hair loss, low blood pressure, infection and a variety of other symptoms.

It is considered a medical malpractice error because it can only occur if the technician administering the X-ray holds the machine in an improper fashion, or fails to provide the protective gear necessary to protect the patient from such overexposure.

Breach Of Doctor-Patient Confidentiality

A doctor breaches doctor-patient confidentiality by discussing the patient’s medical history, treatment or care with anyone the patient has not given explicit permission for their physician to discuss their health with. It most often comes up in court cases where the doctor provides information about their patient’s medical record to assist either the defendant or the plaintiff.

You can bring a medical malpractice claim against the physician who broke your confidence due to the fact that violating doctor-patient confidentiality means that the standard of care required by all physicians has been breached.

Switching Samples

When a sample of blood, urine, or even test results are switched by accident, there can be serious consequences for the patient. They might be diagnosed with a condition they don’t have, begin treatment for the supposed illness, and their entire lives could be upheaved by such a mistake.

A good example could be if a blood sample was labeled with the wrong patient’s information and that patient was diagnosed with cancer based on the results of the blood sample.

Mistakes like these just shouldn’t occur, and for this reason, patients who are victims of an error with a test result are able to bring medical malpractice claims against anyone involved in their treatment and care.

Practicing Medicine Without A Valid License

Physicians in any state are required to carry license to practice, and must renew their license every few years depending on which state they are practicing in. If a doctor has not been licensed to provide care in that state, or if they failed to renew their license once it expired, they are not allowed by law to perform surgery, diagnose a patient, prescribe medication, or otherwise practice medicine.

Doctors without a valid license may still be able to give medical advice, but once they cross the boundary into treating or caring for a patient, they’ve committed medical malpractice.

Work With Top Medical Malpractice Attorneys

Though these types of medical malpractice are less often seen than say, leaving a surgical instrument in a body cavity or misdiagnosing a patient, they do occur more often than you might think. If you’re considering filing a medical malpractice lawsuit against the physician or other medical professional for errors they’ve made in your treatment or care, you should get help from top medical malpractice attorneys.

Your lawyer should have experience in handling these types of claims because for your case to be successful, your attorney will need to establish that if the medical professional treating you had exercised a greater standard of care, you could have avoided your subsequent injuries.

A Compounding Pharmacy Can Help Your Children

Children are delicate, and a trusted compounding pharmacy can be an asset to their health. While most medications have been developed to be compatible with children, in some cases your child may need a smaller, more specific dose of medication that is not available commercially or at other pharmacies. When this need comes up, we can help.

Smaller or Specialized Doses for Children

Compounding pharmacies create safe medications in doses that cannot be found commercially. For example, a child may need a dose of medication that is currently only available to adults. If this issue occurs, we can create the medication in the dose specific to your childs needs, to make it safer and more effective. We can also develop medications for children who have allergies or who are unable to swallow the larger tablets that are available on the market.

A Compounding Pharmacy Provides Help When You Need it Most

Some children just do not like the taste of a medication and will refuse to take it unless it is altered. When your childs well-being is at stake, you would do anything to help them. We can make dire situations easier by customizing medications for your childs needseven down to the details like creating the medication in their favorite flavor or in lollipop or gummy bear form. We will work closely with your childs pediatrician or specialist to find an exact solution for their ailment.

Specific Conditions or Disorders

Some illnesses are unique to children or more prevalent among children. Many problems that fall into this category may require treatment from our pharmacy including common conditions like:

  • Strep throat
  • Pneumonia
  • Flu
  • Lice
  • Pink eye
  • Ear infections
  • Severe allergies
  • Digestive ailments or sensitivities
  • Skin conditions


At our pharmacy, we not only provide medications but we also use supplements in order to improve the health of our patients. We encourage you to speak with our pharmacist to find out if something as simple as a specific vitamin can help to improve your child’s health.

Helping Immediate Needs

If you or someone you know has a child who needs assistance ingesting medication, our compounding pharmacy can provide the aid they (or you) need. Share this blog post with them so that their child can start down the road to recovery.