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There are a number ways to prove a client has had a traumatic brain injury. To determine how severe the damage to the brain is, you might need a medical expert to identify a brain injury. For example, you might have a neurologist, neurophysiologist or maybe a physiatrist who can discuss brain function and how […]
Let’s say that I’m a motorist who runs into a pedestrian. Can the insurance company simply settle for the policy limits rather than defend me in a lawsuit? Under the insurance policy, the insurance company has the right to make some of that decision, so they likely didn’t do anything improper at that point. For […]
Would you be a conflict of interest to represent both the injured pedestrian and a family member who witnessed the accident? There is a potential conflict insofar as there might be a limited amount of insurance coverage to be distributed among the two victims. For example, let’s say the insurance policy has only $100,000 in […]
Could there be punitive damages for those at fault in your pedestrian accident? It depends on the circumstances, but there is a higher level of proof. You have to prove with convincing evidence that the other person acted in a grossly negligent manner, at a higher standard than normal, and that they were acting callously […]
Is there ever an instance where you might argue that a governmental body was at fault in the pedestrian accident case? Potentially. If you can show that the intersection was impaired by something, that there have been a lot of pedestrian accidents there, that there is a known prevalence of pedestrian injuries at a certain […]
The difference between a pedestrian accident and a car accident is the extent of the injuries can be pretty significant. If you have a slow moving car accident, the injuries may not be as extensive as they are when you have a vehicle versus pedestrian accident. But, what if the accident was a hit-and-run? If […]
Yes, contributory negligence does reduce the amount you can get. For example, if you are found 50% at fault, and your damages are $100,000, then your amount of recovery will be reduced by $50,000, meaning you’ll only get $50,000. The same thing is true if you are found to be 10% at fault; of $100,000 […]
If you’ve been in a pedestrian accident, the main thing is to try to remain calm and check your injuries. If you can, try to keep your wits about you and move out of the street. You want to make sure you keep the driver of the vehicle that hit you there on the scene. […]
When we are talking about social media, whether it’s wrongful death or some other type of lawsuit, especially when pain and suffering damages are being sought, one should be careful about what is posted on social media that may compromise their case. I advise my clients not to use social media while involved in a […]
If you call my office after having a car accident, you’ll get a free consultation. It’s not going to cost you anything to get an understanding of the lay of the land and what you should do next. In my opinion, first and foremost, you want to make sure that your health is okay and […]
