SettlementBoard.com News, Articles and Information for Legal Junkies

10Feb/120

What Should I Do to Find the Right Car Crash Lawyer?

You should approach finding a car crash lawyer in the same manner that you approach finding other professionals to assist you. When you need a doctor for a serious problem, you seek out a specialist. Have a heart problem? Seek out a cardiologist. An eye problem? Contact an ophthalmologist. Have a leaky pipe? Find a reputable plumber. Need your home painted? Find a painting company that has done work in your area. Use this same approach to locate a Bakersfield car accident lawyer.

Some things to look for as you seek out the right attorney

As you contact auto accident attorneys and investigate firms, look at the following:

 

Results. Look for a law firm with a history of proven results in your local courtrooms. You need a firm that not only has a reputation for relentless advocacy when negotiating settlements with insurers, but also has a reputation for aggressive advocacy at trial.

 

Skill and experience. A law firm with a long record of accomplishment is a good bet for representation. A firm with attorneys who are board certified or ranked by organizations such as Martindale-Hubbell is a wise choice.

 

Proximity. A firm with multiple offices makes it easy for you to meet with the attorneys and staff members that handle your case.

 

Website and ads. A firm that takes the time to develop its website and that provides valuable content to visitors is not operating on a shoestring budget. A firm that has good results is proud to tell you about them and spends time and money on developing good client relationships.

 

Support staff. Accident cases often require a significant amount of research and paperwork. An attorney with a skilled support staff can put you in a better position to win your case.

For the aggressive representation you need call today

The Larry H. Parker team of Bakersfield auto accident attorneys has a record of success in 91 percent of cases, and We'll fight for you!®"  It is important to note that under the California statute of limitations  you only have a limited amount of time to bring a lawsuit so do not delay. We have offices in Long Beach, Riverside, Los Angeles, Fresno, and Bakersfield, California and Phoenix and Tucson, Arizona.

 

6Feb/120

How Dangerous Is Driving in Missouri?

Most people fail to realize that driving is an extremely dangerous activity. While safety and technology have improved dramatically, collisions can still cause serious injury and even death. Fortunately, a Missouri auto accident attorney can assist you if you suffer injury in a car crash.

Route 21—or Blood Alley, as residents know it—is the most dangerous highway in Missouri. Drunk driving and inattentive driving cause the majority of accidents on Route 21.

What are some other facts about driving in Missouri?

  • According to the Road Information Program, Missouri has the third worst roads in the nation
  • Accident reports show that there are approximately 5,700 unsafe intersections
  • More than 1,000 people die each year in traffic accidents
  • Approximately 80,000 people are injured each year in traffic accidents

What typically causes a car accident?

Because of an auto accident, you may suffer an injury or disability. However, depending on who is to blame for the collision, you may be able to collect compensation. A car accident lawyer helps victims determine the cause of the accident and their entitlement to compensation.

Below are some common causes of auto accidents:

  • Driver distraction: Eating, drinking, listening to the radio, or fiddling with a cell phone may divert the attention of a driver away from the road and cause an accident.
  • Fatigue:  Exhaustion and fatigue cause many truck and car accidents each year. The only cure for fatigue is sleep.
  • Failure to obey laws: Many accidents are the result of reckless drivers. Speeding and tailgating are extremely dangerous and illegal activities. Additionally, failure to yield or stop may cause catastrophic injury to you, your passengers, or other motorists.
  • Drunk driving: Operating a vehicle while under the influence of drugs or alcohol is illegal and dangerous. This is a serious offense in Missouri and you need to contact a defense attorney right away, if accused.

 

Trusted legal services for your family

Since 1975, the Ballwin, Missouri auto accident lawyers of Case, Rajnoha & Boudreau have been helping families resolve their legal issues — including DUI charges, car accidents, general injury and more. Call us at (636) 552-4872 or contact us online to schedule your free initial phone consultation. We look forward to hearing from you.

3Feb/120

Dram Shop Liability in DUI Car Accidents

Driving under the influence (DUI) is an underlying factor in many auto accidents.  In car and truck accident cases, a lawyer serving Sterling Heights, Warren, or other areas of Michigan may know of additional sources of compensation besides the at-fault driver that they can pursue on behalf of accident victims.

Michigan first passed a dram shop law 1986.  Dram shop refers to a counter or room that sells alcoholic beverages.  The majority of states have dram shop rules, which are statutes that hold bars liable for injury caused by intoxicated or underage drinkers whom they served.  The Michigan legislature has revised the state’s dram shop rules a number of times, and the way courts rule is subject to established precedents through case laws.  

Current Michigan dram shop rule

Michigan Liquor Control Code Chapter 75, Dram Shop Actions (revised in 1998) holds that individuals suffering damage or personal injury from minors or visibly intoxicated persons have a right of action against the dram shop if illegal sale, giving, or furnishing liquor to a minor or a visibly intoxicated person was the proximate cause of their damages and injuries.  In addition, spouses, parents, children, or guardians of the individual suffering damages also have a right of action in that person's name against the dram shop.

Understanding proximate cause

Proximate cause is a legal term that means a causal relationship exists between an act and resulting injury, and that without the act the injury would not have occurred.  Proximate cause also establishes the act as the primary cause of the injury.  For example, prior to the dram shop revision that included proximate cause, a bar could sell liquor and be held strictly liable when an intoxicated person caused an accident.  However, if enough time passed between the sale, the intoxication, and the person driving a vehicle, intoxication was not necessarily the reason the person caused the accident.  Tiredness, distraction, reckless driving, or other reasons could be the underlying cause.  Proximate cause demands proof of a direct correlation between intoxication and accident injury or damages.

Proving a dram shop’s negligence or liability in a car accident requires extensive knowledge of pertinent laws.  Sterling Heights and Warren car accident attorneys can help you determine sources of compensation if you suffer injury or damages in a car accident.  Especially when injury is serious, be sure to contact an experienced lawyer.

14Nov/111

When Insurance Companies Attack

Most personal injury cases take longer to resolve than the entire 72-day duration of Kim Kardashian's most recent marriage.  However, most insurance company doctors, private physicians that are little more than hired guns who earn millions of dollars working for big insurers, love to testify that auto accident victims should fully recover within six to eight weeks following a car accident.  The reality is that most victims need far more time than that to heal from serious injuries, and many will never fully recover.  Don’t let the insurance company run roughshod over your rights following an accident – contact a qualified auto accident attorney for assistance.

Six to eight weeks is unrealistic in most cases

The six-to-eight week recovery is an arbitrary period chosen in an attempt to shield insurers from meeting their responsibilities to legitimately injured individuals. This is particularly true with respect to victims whose injuries are the result of an accident that aggravated their pre-existing degenerative or congenital conditions.   These individuals often find their pre-existing conditions progressing to the point that they suffer from chronic pain, loss of mobility, and worse.  Such damage may never fully heal, forcing victims to have to give up certain activities, lose their jobs, receive lifelong treatment, and build accommodations to their homes (e.g., ramps).  This is the sad reality for many auto accident sufferers – their losses and associated costs last far beyond an arbitrary period.  The insurance companies representing those responsible for these sometimes-permanent damages need to step up and cover these losses and expenses, whether they like it or not.  When they refuse or use questionable means to avoid their responsibilities, retaining a qualified attorney can make all the difference.

Help from a CA auto accident attorney

San Diego auto accident attorney Gary Sernaker has been exposing the lack of scientific and medical basis for insurance company-paid physician opinions for over thirty years. He understands that clients deserve to be treated as individuals who require assistance to make sure that their traumatic injuries are properly diagnosed and treated.  Neither the responsible party’s insurance carrier nor the civil court system should victimize an accident victim further.

Gary Sernaker is an experienced trial attorney with an AV® rating, the highest available rating given to attorneys. Only 11 percent of lawyers have earned this rating in the state of California. If an insurance agency is trying to short-change you by using a physician to under-diagnose the extent of your injuries, please contact Gary A. Sernaker, A Professional Law Corporation for assistance.