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Do You Have a Personal Injury Case? Ask a Personal Injury Law Firm

Determining if you have a personal injury claim starts with contacting a personal injury firm. When you have been injured through the neglect of others you need a personal injury attorney that can provide the information you need. Many people make the mistake of thinking they do not have a personal injury claim when they do. An accident law firm Ocala FL victims have used has helped them to figure out their personal injury claim status.

The Three Factors of Personal Law

Many people make the mistake of thinking that if they have been involved in a car accident, slip and fall accident or even a medical negligence situation that personal injury compensation is automatic. Establishing a personal injury case relies heavily on these three factors:
  • The other party involved in the accident was careless or negligent. For example, a distracted driver rear-ended your car while you were at a stoplight which caused a back injury.
  • The carelessness or negligence, caused the injury. For example, when the driver rear-ended your car it caused whiplash to your neck and a lower back injury. Another example is you are shopping at a store, there is water on the floor without a warning sign and you slip and break your arm.
  • The resulting injury has caused you harm. In other words, because of your back injury in the above examples, you lost wages from work, amassed medical bills, and have had to deal with pain and suffering.
When you meet with an attorney that specializes in personal injury at the personal injury law firm they will go over your case to assess the validity of your claim. A quick case review by an experienced attorney can help to determine if you have a case or not. Even serious personal injury needs to meet the criteria of a personal injury claim to receive compensation for the injury. For example, a traumatic brain injury caused by a slip and fall accident (slip and fall accidents are responsible for the majority of TBI) you still have to be able to meet the criteria of what a personal injury claim is. A personal injury firm is a must if you have been injured and want to get the compensation that you deserve.

Protect Your Rights

In Florida there is a statute of limitations when it comes to how long you have to file an injury claim. That means if you do not get your claim filed in a timely manner you may lose the right to file a claim. Moving quickly is important. A personal injury firm is a solution to getting your claim filed quickly. Make sure you do not lose your right to compensation. Contact a trusted personal injury law firm for a case review and get your claim started.

3 Myths About Filing A Wrongful Death Claim

Wrongful death is when someone dies due to someone else’s negligence or malpractice. The deceased’s surviving family may choose to file a wrongful death claim to compensate for damages such as funeral expenses. Filing a claim in the aftermath of a loved one’s death can be difficult. That’s why it’s important to know the myths and facts surrounding wrongful death claims to make the legal process easier. It helps to have legal advocates on your sign for legal advice when filing your claim. But for now, here are some of the most common myths about filing a wrongful death claim.
  1. Anyone can file a claim. Unfortunately, if your closest friend has died because of a doctor’s negligence, you can’t file a claim against them. Only the deceased’s surviving spouse, surviving children, or other family members can file a claim against the responsible third party. Often times, the deceased’s other family members (such as their siblings) can only file a claim if the deceased has no spouse or surviving descendant.
  2. You can file your claim at any time. There is a statute of limitations on filing a wrongful death claim. Each state has different time limitations, but the average period of two years. In some cases, the statute may be as short as one year. There are also special rules that apply to minors. Be sure to talk to your attorney or legal team before you file.
  3. Those found guilty of wrongful death will go to prison. Wrongful death isn’t the same as murder. A person who’s guilty of murder was the direct cause of a person’s death. A person who’s guilty of wrongful death has caused a person to die because they were negligent or didn’t follow a specific set of rules. The former person would be sent to prison, but the latter person would be fined for damages such as unexpected funeral expenses or lost financial support.

Seek out legal help for your wrongful death claim

Wrongful death claims can be complex, especially when they involve things like product liability or reckless driving. There’s a reason why only 5% of personal injury cases go to court. The McMahan Law Firm can give you the legal assistance you need to successfully file your claim and get the compensation you deserve. To learn more about filing for personal injury or wrongful death, contact the McMahan Firm today for a consultation.

California Personal Injury Laws: An Overview

personal injury lawyerIf you think you have a valid personal injury claim, then it is crucial you hire a personal injury lawyer to help you navigate the sometimes always complicated court system. Personal injury is all too common in the United States; every two minutes a person is injured in a drunk driving crash, and considering that at any given daylight moment across America there are about 660,000 drivers using cell phones and other gadgets while driving, the risk of being injured in a car crash is high. Then there’s medical malpractice, workplace injury, and the countless other ways an accident can befall you. But while your personal injury lawyer should take care of most of the details, it’s still important to have an overview of California injury laws. To get you started, here’s an overview of some California state laws concerning personal injury to be aware of. Time Limits In California you have a two year time period, called the statue of limitations, to file a lawsuit with an accident lawyer against whomever is responsible. This is from the date of the injury, and if you do not file within this time frame the court has every right to deny your claim. If you have a claim against a city, county, or California state government agency, the statue of limitations is much shorter at just six months. Plaintiffs must stick to a strict set of rules in this case, so it is best to get legal counsel at a personal injury law firm right away. Shared Fault Claims If the defendant makes a claim that says you are partially at fault for your own injury, then you have a shared fault claim. In these cases, California follows a pure comparative negligence ruling, which means that the amount of compensation you are entitled to may be reduced if you are partially at fault. Dog Bite Injury Cases California law details that the dog owner is strictly liable for any fault caused to a victim. In these cases, no amount of fault or negligence needs to be proven. That differs from other states, where proof of negligence is required. Some states also have a one bite law, which means a dog owner may not be responsible the first time their dog attacks someone. Slip and Fall Cases To determine if the defendant is guilty of causing a slip and fall accident, one of the following must be true: 1. The owner or an employee must have caused the slippery surface. 2. The owner knew about the dangerous condition and did nothing about it. 3. The owner should have known about the danger because they are of sound mind. Because it’s tricky proving what went on in someone’s head, hiring a slip and fall lawyer is the best way to ensure you get the compensation you deserve. Personal injury lawyers are extremely beneficial because they can help you settle out of court, as only 4% of personal injury cases typically go to trial. Depending on your situation, there are many different types of personal injury lawyers: wrongful death lawyers, burn injury lawyers, and car accident attorneys, to name a few. If you believe you were the victim of a personal injury, do not hesitate to contact our professionals today.

What To Do Immediately After a Slip and Fall Accident

slip and fall lawyerIf you fell and hurt yourself, chances are that it took you a while to get over that flustered and frazzled experience, but maintaining composure is essential when it comes to later litigation. Your observations and memories of the immediate area, nearby witnesses, help that was offered, and other contextual details can be very helpful in regard to later possible litigation. After all, 22% of slip/fall incidents resulted in more than 31 days away from work, and they can be indicative of negligence or other irresponsible behaviors on the part of your employer. In fact, 85% of worker’s compensation claims are attributed to employees slipping on slick floors. Usually, only four to five percent of the personal injury cases in the U.S. go to trial, but that doesn’t mean you won’t pursue the proper compensation for medical costs and the time you could not spend working. Check out these three essential steps to take after you have a slip and fall accident: Inspect the Area Right after you fall, take note of your surroundings. What caused your fall, whether or not anyone saw you fall, and other details are very important. After all, property conditions can be altered after you leave and before you get a slip and fall consultant on the scene. Pictures should be taken immediately, and in the age of our smart devices, getting pictures shouldn’t be too much of a problem. Make a Record If you fell in a place of business, have the manager (it might be your manager), write up a report and include a list of names of witnesses you noticed at the site of the fall. Contact a Slip and Fall Lawyer The information that you have gathered will be extremely helpful to your legal representative once you have filed a claim, and they will be able to get you through the legal process in order to get you the compensation that you deserve. If you’ve been hurt as the result of negligence, you need professional help. Accident attorneys, car accident lawyers, burn attorneys, wrongful death lawyers, and those at personal injury law firms, like slip and fall lawyers, are ready to help you fight for your case.