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Personal Injury Legal Advice

Give yourself the best chance of winning a personal injury case

Posted by on Feb 9, 2016 in Share the road | Comments Off on Give yourself the best chance of winning a personal injury case

1Receiving a personal injury in itself can be stressful enough. Filing a law suit after an accident can sometimes add to the stress. In this article we run through what you might expect and what you should do immediately after an accident to ensure you have the best possible case.

Take notes

As soon as you have received all relevant medical assistance, it is important to write as much information down about your accident as possible. Ensure to write down everything that happened before the accident and how the accident has effected your life and your work.

Sometimes cases can go on for 6 to 10 months after your accident. Writing everything down will help to remind you of all the details and give you a much stronger case if it comes to it.

Here are some important things you should make notes of after your accident:-

  • Your accident – everything before, during and after including who you were with and how it happed
  • Your injuries – a detailed description of any personal injury you may have sustained from your accident. Make a note of any after affects you may have suffered such as loss of sleep, pain, discomfort or time off work as these may help you claim any further compensation you may be entitled to
  • Further losses – this may be in the form of economic, social, educational, work, vacations etc
  • Relevant conversations – make a note of any conversations regarding your injury or the accident. This includes conversations with witnesses, insurance people or medical professionals

Collect as much evidence as possible

Collecting and keeping as lots of evidence regarding your injury will give you the best possible personal injury case. Here are some important things you should try to carefully document:-

  • Photographs of the scene – try to take photos/ videos at different angles but preferably at the same time of day as your accident
  • Physical evidence – this could be a crooked paving slab or dent in a car. Try to preserve any evidence to show in court. If you are unable to preserve it take photos to show later as evidence
  • Get witnesses details – witnesses at the scene will provide valuable details which could provide information which you were not aware of. They will also be helpful to back up what your claiming and will strengthen your case even further. Be sure to get statements and contact details
  • Evidence of injury – report the injury immediately to your doctor and get copies of your medical records. Also take photographs of your personal injury to prove everything your saying is correct

Getting your medical records

According to The federal Health Information Portability and Accountability Act (HIPAA) it is your right to get a copies of your medical records. It may take up to 30 days to receive these so be sure to apply early enough for your case.

Notifying people responsible for the accident

You will need to notify the people who are responsible or who might be responsible for your accident. At this stage you do not need to give details of the accident or your personal injury but just when and where the accident took place.

Once you have decided who was at fault you will need to notify them with a letter. There may be more than one person involved so you will need to write to all of them. This letter should just be asking for a written response and should only contain basic information such as where the accident took place. Your initial notification letter should not describe whose fault the accident was or the extent of your personal injury.

You should ensure that you notify responsible parties of your accident as soon as possible. The earlier the better.2

Determining responsibility

This is often called determining liability. This can be complex and depends on whether or not someone was careless. A basic rule for determining who is legally liable for an accident is if one person was less careless than another, they must pay for the damages.

Of course it isn’t always quite as simple as that. Read more about determining liability for car accidents here. A personal injury attorney could also help with determining who’s responsible.

 

 

 

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Everyone Needs To Share

Posted by on Feb 9, 2016 in Share the road | Comments Off on Everyone Needs To Share

“Share The Road” should no longer be a plea primarily aimed at the drivers of vehicles.

In a Facebook post on Thursday, New York State Sen. Dian Savino (D-Staten Island/Brooklyn) had plenty to say about cyclist who disregard traffic laws.

Labor activist Mike McGuire wrote on Facebook about a woman that was killed by a bicyclist on Thursday of last week at West Drive and 62nd street in Central Park.

Responding to the post, Savino remarked, “how about red light cameras in the bike lanes?”

She went on to comment on subsequent posts expressing her frustrations with rogue cyclists. She wrote that she often screams out of her car window, “Hey, find a F***ing bike lane and get in it.”

Sen. Savino insisted to the New York Daily News that her remarks were a joke. But, she was serious about her irritation with bicyclists that disobey traffic laws. She expressed that in her opinion greater enforcement is needed, and that all cyclist needed to start taking responsibility personally.

The Central Park accident occurred when the 31-year old cyclist plowed into the female pedestrian. No charges have been filed against the 31-year-old cyclist so far. He stayed at the scene, and the Manhattan District Attorney’s office has launched an investigation.

City officials are looking into new enforcement measures. The city’s transportation commissioner, Polly Trottenberg said earlier this week they will explore ways to stop future accidents like the one that claimed the life of the woman in Central Park.

The investigation of the accident in Central Park has not revealed how fast the cyclist was traveling, but Trottenberg said the bike speed limit could possibly be reduced from the current 25mph limit.

Cyclists throughout the five boroughs were issued 4,300 tickets compared to motorist’s 3,200, in the de Blasio administration’s “Operation Safe Cycle” last month. An initiative to go after cyclist who fail to obey traffic laws.

Approximately half the cyclists received violations for failure to stop at a red light.

According to the CDC, over 900 bicyclists were killed in the US in 2013. There were an estimated 494,000 emergency department visits due to bicycle-related injuries.

These statistics are shocking. The data collected by the CDC estimates that in 2010 alone there were approximately $10 billion in lifetime medical costs and productivity losses attributed to bicycle accidents.

Children between the ages of 5 and 14-years-old, adolescents, and young adults between the ages of 15 and 24-years-old, have the highest rates of bicycle related injuries. This accounts for nearly 52% of bicycle related injuries recorded by U.S. emergency rooms.

Males are much more likely to be killed or injured on a bike that females. But, adolescents and young adults between the ages of 15 and 29-years-old, and adults aged 45 years or older have the highest death rates caused by bicycle accidents.

The simple fact is, all accidents should be preventable if everyone on the road obeyed the traffic laws, remained focused on the road, and made safety a personal priority for themselves and for their fellow travelers.

In New York, personal injuries are steadily climbing. If you suffered a personal injury in New York or if a family member of yours was killed in a pedestrian accident caused by a negligent driver, it is important to seek legal counsel immediately. New York personal injury attorneys Pulvers Thompson can help you recover fair compensation for lost wages, medical cost related to your injury. It is the job of a New York personal injury attorney is to ensure your legal rights are protected and help you get compensation for long-term suffering or diminished quality of life.

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