How Personal Injury Attorneys Can Help with Lienholders
If you were injured in an accident because of the negligence of another, you should know that lienholders can legally claim part of your settlement compensation. If you are dealing with lienholders on your claim compensation (or you aren’t sure if you are), you will benefit from the help of a personal injury attorney.
Types of lienholders in personal injury claims
There are many different types of lienholders that can lay claim to a portion of your injury settlement, including:
- Medicare and Medicaid (government)
- Doctors, hospital and other health care providers
- Workers’ compensation insurance
- Health insurance company
- Veterans administration
- State child support agencies
- Car insurance company*
*A car insurance company is the most likely to place a lien on your compensation so they can recover the money they paid for your medical care (this is called subrogation).
Read More
0
What It’s Like to Work with a Personal Injury Lawyer
If you were seriously injured because of the negligence or willful act of another but have never worked with a personal injury lawyer before, you may be feeling uncertain about what it would be like to hire an injury attorney for help. Let’s start with why people hire personal injury lawyers.
Why do people hire personal injury lawyers?
It is common for injured victims to attempt to negotiate a settlement with the insurance agency themselves. This can be difficult when it isn’t completely clear who is liable for the accident (or how liability should be shared), when the insurance company is refusing to offer a fair settlement or when an uninsured motorist is at-fault for the accident. Injured victims hire personal injury attorneys to fight for a fair injury settlement on their behalf. Often, this means tough negotiating with the at-fault insurance company. A local personal injury attorney is best suited to navigate the negotiations because they know the laws in your state, what your case is worth and how to overcome objections by the defendant’s insurance company. In rare cases, claims go to trial for resolution and your personal injury attorney handles this process as well.
Read More
0
What Duty of Care do Business Owners Owe Their Customers During a Pandemic?
Under premises liability law, businesses owe their customers a duty of care. This was always true, but there are added duties during COVID-19. On a practical level, a business owes their customers a duty to keep them safe on the business premises. If a customer is injured or becomes seriously ill because the business owner failed to meet their duty of care by acting negligently, the injured party may be able to sue to recover damages. For example, if a customer contracts Coronavirus after visiting a business that was not following safety guidelines, they may be able to file a personal injury claim.
Read More
0
What are Independent Medical Examination Personal Injury Cases?
0
When to Sue for A Traumatic Brain Injury
Traumatic brain injuries (TBI) are responsible for many deaths and permanent disabilities every year. TBIs are typically caused by a violent bump, blow, or jolt to the head. In some cases, an object penetrates the brain such as a shard of glass from a windshield and causes a penetrating head injury that disrupts normal brain function. Symptoms of traumatic brain injuries include physical paralysis, chronic pain, sleep issues, loss of hearing, loss of control of bowels or bladder, headaches, lost sense of taste, and seizures. The list of potential health issues goes on from there.
Read More
0
What is Defamation and Does It Fall Under Personal Injury?
Defamation or defamation of character means that someone made a statement that injures another’s reputation. A written statement is called “libel” and a spoken statement is called “slander.” Defamation is a civil wrong so it does fall under personal injury laws. In some cases, a person who is defamed is able to sue the person or organization who defamed them in order to recover damages, just like in other personal injury claims.
(more…)
Read More
0
What is False Arrest and Can I Sue for Damages?
An arrest is when a person is apprehended and taken into custody; it requires probable cause. A false arrest is when a person is held against their will or taken into custody without consent or a legal justification. When a person is falsely arrested, they may be able to bring a civil claim for damages under tort law. Note that many false arrests are carried out by store managers, mall security guards and others who are not police officers.
A false arrest is considered an intentional tort, which means that the accused knew of and wanted the consequences of their actions.
If you were the victim of false arrest, contact an experienced local personal injury attorney. The lawyer can review the details of your situation and discuss your legal rights. If the attorney takes your case, they will work to negotiate a fair settlement or jury award for your damages.
Proving an intentional tort
Intentional act:
In order to prove an intentional tort, the plaintiff will need to show that the defendant’s conduct went above and beyond simple carelessness or negligence. It must be proved that the defendant intentionally restrained the plaintiff.
Awareness of confinement:
In order to recover damages, the plaintiff will need to show that they were aware of the confinement at the time it happened. Defendant’s may argue that the plaintiff was too intoxicated or drugged to be aware of being confined. Note that the plaintiff does not need to know that their arrest wasn’t legal when it was happening but if they consented to be arrested because they thought it was legal, they will not be able to sue to recover damages for false arrest.
Was there a legal basis for the arrest?
A defendant will attempt to prove that there was a legal basis for the arrest they made, such as reasonable suspicion of a crime being committed, or a warrant or court order. This means that a reasonable person in the defendant’s position would have had cause to believe that the plaintiff was committing a crime before they arrested them or that they had a legal warrant/court order for their arrest.
Can police officers be sued for false arrest?
In Washington State, “A police officer is immune from liability for false arrest and false imprisonment when he acts pursuant to and in accordance with a statute he reasonably believes to be valid.”
This means that in order to sue a police officer for false arrest, a personal injury attorney would have to prove that the police officer knew or that a reasonable police officer would have known that the arrest was not in accordance with a valid statute.
Seek the help of a personal injury attorney
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced injury attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
Read More
0
Why Is It Important to Choose an Experienced Personal Injury Attorney with Great Results?
All personal injury attorneys are NOT created equal. There is a whole range of attorneys out there from average to bad to great; a great attorney will have the results to prove it. In addition, experience varies widely between accident lawyers. There’s a big difference between an attorney right out of law school and one who’s been practicing for decades and has represented thousands of clients. If you’re looking for a personal injury attorney to handle your personal injury claim, there are many factors to consider but experience and proven results should be at the top of the list.
(more…)
Read More
0
Personal Injury Claim for Parasailing Accident
About three to five million people go parasailing every year. Thankfully, most parasailing experiences turn out to be a wonderful adventure. Unfortunately, parasail accidents do happen; causing some to question parasailing safety and liability. Parasail accident statistics reveal the risk people take when they agree to be towed behind a vehicle (usually a boat) while harnessed to a canopy wing that looks like a parachute, known as a parasail wing.
If you or a loved one was injured in a parasailing accident because of the negligence of a parasail operator, seek the help of a personal injury lawyer right away. A wrongful death action may be appropriate if you lost a loved one in the accident. An accident attorney can discuss your legal rights and options.
(more…)
Read More
0
Amusement Park Accident Leads to Death of 10-Year-Old Girl
As reported on globalnews.ca, a 10-year-old girl died in an amusement park accident at the Deerfield Township harvest festival in New Jersey on Saturday, October 12. The child was ejected from a ride called Wisdom Super Sizzler and suffered serious injuries. The girl was airlifted to a hospital but was pronounced dead later that evening. A statement by the New Jersey State Police confirms that they are looking into the matter and that they have not concluded the cause or circumstances of the incident. The amusement ride operator shared on their Facebook page that they are cooperating with the investigation.
(more…)
Read More
0