Stay Calm and Keep Fighting

Can You Be Eligible For Workers Compensation For Prolonged Sleep Loss?

Posted by on Jul 26, 2016 in Uncategorized | Comments Off on Can You Be Eligible For Workers Compensation For Prolonged Sleep Loss?

When you think of a workers compensation claim, you may initially imagine cases like broken bones, burns or lead poisoning. But while these splashy scenarios may all be eligible for workers compensation, you may also be entitled to compensation for more insidious problems such as consistent sleep deprivation. Proving a claim of sleep deprivation may be more difficult than something like a broken leg, but if you have suffered real damages as a consequence of being overworked, you should be able to seek the benefits you need with the assistance of an experienced attorney.  Distinguishing Specific and Cumulative Injuries A single long night at your job is not enough to qualify for compensation in most cases, since a few hours of lost sleep will have a negligible influence on your health in the long run. Sleep deprivation only becomes a problem when it builds up over time, particularly if it occurs multiple times per week. Common outcomes include heart disease, obesity, depression and an increased risk of stroke, among others. This is known as a cumulative injury in workers compensation claims, as opposed to a specific injury like a burned arm.  Demonstrating an Unreasonable Workload In order to qualify for workers compensation, you must be able to prove that your loss of sleep was a direct consequence of the actions of your employer. If, for example, your boss expects you to answer phone calls in the middle of the night or keeps you late every evening, he or she may be held responsible for its negative impact on your health. In cases where you are still working for this employer, begin documenting calls or your hours worked to prove the abuse in question. Otherwise, you may need to request formal records of your hours worked through your workers compensation attorney.  Documenting Physical or Psychological Damage Of course, in order to set a figure for your compensation, you must be able to show that you have suffered physical or psychological damage as a consequence of your sleep deprivation. This can often be accomplished by visiting a doctor or therapist, who should be able to determine whether or not your condition could be reasonably caused by sleep loss. This testimony can then be used in court to argue in your favor and begin determining the compensation you require.  Working With a Workers Compensation Attorney Sleep deprivation caused by a negligent or malicious employer can be difficult to prove without clear, documented evidence, which makes it all the more important to seek out the services of an experienced workers compensation attorney. An attorney will be able to assess the likelihood of your case, assemble the evidence you need and negotiate with your employer to get you the best deal possible. If you have been struggling to stay awake and are dealing with the ramifications of sleep loss for months, years or even decades, now is the time to receive what you are owed. For more information, contact Zavodnick, Perlmutter & Boccia LLC or a similar...

read more

3 Steps To Take After You’re Injured In An Auto Accident With A Semi Truck

Posted by on Jul 9, 2016 in Uncategorized | Comments Off on 3 Steps To Take After You’re Injured In An Auto Accident With A Semi Truck

A car accident can be stressful at any time, but when your vehicle is involved in an accident with a semi truck there is a good chance that the damage and injuries will be more serious due to how large a semi truck is. If negligence or recklessness on the part of the truck driver caused the accident, you are entitled to a financial settlement. Take the following steps after you’re injured in an auto collision with a semi truck: Make Medical Care Your Priority After being in an accident with a semi truck, it is very important to get prompt medical care so you can make a full physical recovery. Even if you don’t feel hurt at the scene, it is still in your best interest to go see a doctor right away. Whiplash, back, and neck injuries may not be noticeable right away, but in the days following the accident you may be in pain. Make sure you carefully follow your doctor’s treatment plan and attend all followup appointments. Doing so is essential for your recovery, but it will also document the extent of your injuries and how long it takes you to recover. The information in your medical records will be very important when it comes to negotiating your settlement. Make sure you keep copies of all of your medical bills as well, since the truck driver’s insurance company will be responsible for paying those expenses. Hire an Attorney If you want to maximize your settlement amount after your injured in an accident with a semi truck, you need to hire an attorney to represent you. Ideally, you should hire an attorney who specializes in truck accidents. Your attorney will know how to file your claim, present evidence of the extent of your injuries, and negotiate with the insurance company on your behalf. Most truck accident attorneys do not require a retainer or any upfront payment; instead they will receive a percentage of your settlement, so you don’t have to worry about paying anything out of pocket. Avoid the Insurance Company After the accident, the truck driver’s insurance company will most likely get in touch with you. They will probably ask you to provide a verbal or written account of how the accident happened– you are not obligated to provide this information, and it is in your best interest not to do so. The insurance company is not on your side, and they want to keep your settlement as small as possible. When the insurance company contacts you, the best thing to do is give them your attorney’s phone number. Click for more...

read more

Accidents Involving Underage Drinking Can Involve Multiple Claims For Damages

Posted by on Jun 25, 2016 in Uncategorized | Comments Off on Accidents Involving Underage Drinking Can Involve Multiple Claims For Damages

If you are involved in a motor vehicle accident for which an underage drinker is at fault, you may be entitled to collect additional damages often awarded in accidents involving negligence. The laws in the state where you live may look at accidents where alcohol is involved as an instance of gross negligence in which case you can sue for punitive damages against the drunk driver. In underage drunk driving cases, you also may be able to collect a personal injury settlement from other parties who may share in the responsibility. Suing for Punitive Damages Involvement in a vehicle accident where your injuries are due to another driver acting in a grossly negligent manner gives you reason to file a claim for punitive damages. Consequently, a judge or jury may award punitive damages upon determining that your claim of gross negligence is valid and that the driver – by drinking and driving – blatantly disregarded the rights and safety of others. Third-Party Liability In a vehicle accident that involves underage drinking, the driver may not be the sole person against whom you can file a lawsuit. Since punitive damages are intended to punish those at fault for reckless behavior, both the at-fault driver and the person who provided alcohol to a young person under the legal drinking age broke the law, entitling you to punitive damages. In some states, parents who allow underage drinking in their homes can be in trouble if an underage drinker causes an accident after being served alcohol. In a civil case, an adult who is guilty of providing a minor with alcohol may be responsible for injuries you sustain in the auto accident. Under the law in some states, that person also may face criminal charges for supplying a minor under the legal drinking age of 21 with alcohol – especially if the minor causes an accident in which someone is injured or killed. Collecting Compensatory Damages When you file a personal injury lawsuit, in addition to filing a claim for punitive damages, you may be able to collect compensatory damages from the driver at fault for the accident or from his or her auto insurance company. But not all insurers accept liability for damages, including coverage for injuries to others, that a drunk driver causes in an accident. They see drinking and driving as intentional acts. In that case, you will have to take the driver to court. Compensatory damages may be awarded to pay for your medical expenses and time lost from work. Along with receiving compensation for your physical injuries, you can be reimbursed for damage to your vehicle, but the defendant will be responsible for paying you for all of the damages awarded out of his or her own pocket. Receiving Personal Injury Awards The amount of any awards you receive for personal injury claims depends on several factors including how seriously you were hurt, the length of your recovery, whether you recover fully or have a permanent injury or disability as the result of your injuries, and if aggravating circumstances, such as drunk driving, were involved. Visit for more...

read more

3 Ways To Ensure You Receive Compensation When Your Loved One Dies Due To Medical Malpractice

Posted by on May 27, 2016 in Uncategorized | Comments Off on 3 Ways To Ensure You Receive Compensation When Your Loved One Dies Due To Medical Malpractice

Most people seek the help of a doctor believing that they will be properly treated for their ailments. Unfortunately, mistakes occur within the medical system that can result in the death of a patient that might have recovered had the mistake not occurred. If you suspect that your loved one’s death was the result of medical malpractice, you may be entitled to financial compensation for your pain and suffering. Here are three things you need to do to ensure that you receive the compensation you deserve in the event a loved one dies as a result of medical malpractice. 1. Report the incident to your state’s medical complaint board. Each state has a panel of individuals whose responsibility is to receive complaints regarding medical professionals. If you are hoping to pursue legal action regarding the death of your loved one, filing a report with your state’s medical complaint board is the first step. Although the medical complaint board may not send you written confirmation that your complaint was received, filing a detailed report soon after the death of your loved one will ensure that you are able to prove in a court of law that your suspicions of malpractice arose immediately following your loved one’s death. 2. Ask for an autopsy. In order to be eligible for financial compensation, you must prove definitively that your loved one’s death was a direct result of the mistake committed by a medical professional. Any hint of potential complications that arose naturally could compromise the validity of your case, so having an autopsy backing your claim can be beneficial. Be sure that you ask to have your loved one undergo an autopsy to determine his or her general state of health at the time of death, and to pinpoint the exact cause of death. This information can be used by an attorney to help you prove that medical malpractice was to blame for your loved one’s death. 3. Seek the help of medical expert witnesses. The insurance company representing the medical professional in a medical malpractice case will present expert witnesses to the court in an attempt to undermine the validity of your medical malpractice claim. Having your own expert medical witnesses to support your claim can be beneficial in helping you receive financial compensation. An experienced medical malpractice attorney will have relationships with reliable and reputable witnesses, so working closely with a lawyer as you prepare your case will help increase the likelihood of your claim receiving a successful disposition. Understanding some of the ways you can help ensure your medical malpractice claim is verified can help you receive the financial compensation you are entitled to after the death of a loved one. Contact a medical malpractice lawyer for additional...

read more

Think Your Loved One Is Being Abused At A Nursing Facility? What You Need To Do

Posted by on May 16, 2016 in Uncategorized | Comments Off on Think Your Loved One Is Being Abused At A Nursing Facility? What You Need To Do

When you place your loved one under the care of a nursing facility, you should have complete confidence they will be well taken care of. But for some people, the opposite is true. Nursing home abuse is an all-too-common and serious concern many people face. If you suspect your loved one is being abused, there are important steps you need to take. Gather Information When you have evidence to support your claim, you have a major advantage. Provided your loved one isn’t facing life-threatening injuries, gather evidence before notifying staff so that you don’t give them time to cover up any errors. Take out your smart phone and capture pictures of any physical abuse signs, such as a welt or burn. Take pictures of the condition of their room, such as an unkempt room or damaged equipment. If there is a cleaning log that shows their room has not been cleaned as required, you can also take a picture of this. Inform The Authorities The next step is to inform an administrator at the facility in the form of an email or letter so that you can keep a record. Even if the administrator promises to take swift action, you still need to inform the local authorities. In many areas this will be the Department of health and senior services. Within this communication, you can include any evidence you have collected. It’s important to understand that it is not your legal responsibility to prove anything but instead the legal responsibility of the facility administrators and local authorities to investigate your claim. Additionally, even if their investigation determines no abuse has taken place, you still have a legal right to take your claim to court. Speak With An Attorney If there is evidence or suspicion that your loved one has been abused, it’s best to speak with an attorney. Some people are under the impression that only significant incidents of abuse require legal representation, but the reality is that any form of abuse is unacceptable. If your loved one or their family suffered any level of pain and suffering because of the negligence of the nursing facility, the facility must be held accountable for their actions. A personal injury attorney can help you accomplish this goal. It’s important to understand that you don’t need evidence of abuse to proceed. Even if you just have a suspicion that abuse is taking place, you have a legal right to move forward with your concerns. Remember, you are your loved one’s advocate, so make certain you are keeping their protection at the forefront of your...

read more

Three Tips To Help New Drivers Be Prepared For Their First Auto Accident

Posted by on May 2, 2016 in Uncategorized | Comments Off on Three Tips To Help New Drivers Be Prepared For Their First Auto Accident

Being involved in an automobile accident is an experience that many people will have over the course of their lives. Unfortunately, new drivers may not be prepared for how to legally protect themselves following an auto accident. While these events can result in serious damages and injuries, it is possible for victims of auto accidents to pursue compensation for these losses, but this can be complicated if you make some critical mistakes in the moments after your accident. However, using the following few tips may help you to be as prepared as possible for your first automobile accident. Obtain A Police Report For a seemingly minor accident, the person responsible may attempt to dissuade you from filing a police report and insurance claim. While they may make a reasonable sounding argument, you should never leave the scene of an accident without first obtaining a police report. If the other party were to renege on their claims to pay for the repairs, the police report could potentially be the only formal record of the accident ever occurring. Without this document, you may find it exceedingly difficult to pursue the matter before a court of law because there may be a lack of evidence. Take Pictures Of The Accident Scene While a police report can be a generally reliable record of the accident, it may be possible for these officers to make seemingly minor mistakes or omissions from the report. For example, they may have inaccurate positions of the vehicles recorded, which may weaken your claim. As a result, you should make sure to take numerous photographs of the accident scene. This simple step will help you to ensure that your attorney, like those from The Jaklitsch Law Group, can create the strongest argument possible for your side of the case. Be Evaluated By A Doctor Following a seemingly minor accident, it can be common for individuals to assume that they did not suffer any serious injuries. However, there are many auto accident injuries that may take several days before major symptoms are shown. For example, victims with whiplash may feel fine for the first day after the accident, but the second or third day may start to bring painful headaches and limited neck mobility. Treating these injuries can prove to be extremely expensive and you may also suffer lost wages from being unable to work. Sadly, the defense may argue that your injuries were not a result of the auto accident, but if you seek treatment immediately after the accident, you may find that you can have these injuries diagnosed and treated as well as helping to weaken the defense’s argument that your injuries were a result of something other than the...

read more

Mistakes To Avoid With Your Car Accident Case

Posted by on Apr 19, 2016 in Uncategorized | Comments Off on Mistakes To Avoid With Your Car Accident Case

Being involved in a car accident is bad enough, but being stuck with medical bills or lost wages that the insurance company won’t cover you for can make things exponentially more difficult. As you’re going through the process of trying to reach a settlement regarding your car accident case, there are some all-too-common mistakes you’ll want to avoid that could actually hurt your case and reduce your chances of reaching a fair settlement. Feeling Obligated to Answer Every Question When you meet with the insurance adjuster, be prepared to be asked a lot of questions. You might feel like you’re legally bound to answer all of his or her questions, but this is far from the truth. In fact, you’re encouraged not to answer any questions that you honestly don’t know the answers to. Don’t make the mistake at trying to guess at the proper answers to these questions, as doing so could come back to bite you down the road. Agreeing to Give a Recorded Statement If an insurance adjuster asks you to give a recorded statement at any time, remember that you have to right to refuse. You are under no obligation to let the adjuster record your statement. Often times, adjusters will try to trick people into thinking they have to give a written or recorded statement so they can use information against them later on. Signing Any Kind of Medical Release You should also be aware that you should never sign a medical release (or any other paperwork you’re not familiar with, for that matter) presented to you by an insurance adjuster following an auto accident. This release could very well waive your rights to further claims, which is the last thing you want when you’re trying to reach a fair settlement. Trying to Reach a Settlement Without a Lawyer If all of this seems confusing to you, there’s a good chance you could benefit from having a dedicated and experienced car accident lawyer on your side. Specifically, a car accident lawyer will be able to advise you through every step of the way (including your meetings with insurance adjusters) to make sure your rights and best interests are well represented and protected. Don’t make the mistake of trying to represent yourself; if you haven’t done so already, schedule an initial consultation with a lawyer who has specific experience with car accident cases similar to yours. Visit for more information....

read more

What If Your Employer Retaliates For A Workers’ Comp Case?

Posted by on Apr 8, 2016 in Uncategorized | Comments Off on What If Your Employer Retaliates For A Workers’ Comp Case?

Some employers are reluctant to compensate employees for injuries received while working. As a result, an employee could face discrimination and other acts once they return to work. If you feel that your employer is treating you unfairly after filing for workers’ comp, here is what you need to know.  Can Your Employer Terminate or Demote You? One of the biggest concerns that employees have after filing a claim for workers’ comp is whether or not their employers will terminate or demote them. Although it can happen, legally, an employer does not have the right to retaliate for a claim.  Federal law make unlawful harassment in the workplace illegal. In addition to several federal laws, there are also state laws to protect employees from retaliation. Your employer cannot even threaten to retaliate. If you feel that you have been unfairly targeted after filing a claim, you can take action.  What Can You Do? An important step you can take towards proving that your employer is behaving unfairly is to document everything. You need to make note of any actions against you, including coachings you receive. Be sure to include the dates and the names of any witnesses who saw what happened.  If you received any documentation regarding the action that was taken, keep it. These can be key in proving your claim. If possible, get a copy of your employment records. You can use those records to show that you were considered to be a good employee until you needed to file a workers’ comp claim.  Workers’ comp laws are designed to protect employers from lawsuits. It is because of this that you cannot file a lawsuit against your employer for your injuries. However, the law does allow you the chance to file a lawsuit for retaliation. In order to clear the way for that though, you must file a claim with the Equal Employment Opportunity Commission, or EEOC, first.  The agency will review your case and decide if your employer did act in a retaliatory manner. If so, fines could be levied against it. However, if the agency is unable to substantiate your claims, you will be cleared to take action in court.  Before you take any actions, consider consulting with a workers’ comp attorney. He or she can review the actions of your employer with you and help decide if you should take further legal action to protect...

read more

Witnessing An Auto Accident: 3 Ways To Avoid Legal Problems

Posted by on Mar 28, 2016 in Uncategorized | Comments Off on Witnessing An Auto Accident: 3 Ways To Avoid Legal Problems

Getting behind the wheel of a motor vehicle is a big responsibility. Accidents are common on the nation’s roadways. Even though you might be fortunate enough to avoid being involved in an accident yourself, it’s very possible that you might witness an accident while you are driving. In order to protect yourself from litigation (even though you weren’t involved in the accident) here are three things you need to keep in mind. 1. Keep safety in mind. Once you witness an auto accident, you may feel a rush of adrenaline that can cause you to overlook some vital safety tasks. If you want to avoid causing another accident, you must ensure that you maneuver your own vehicle safely before you begin helping those who have been involved in an accident. Pull completely off the road, and turn on your hazard lights to warn other drivers of your vehicle’s location. Taking the time to do these simple things before rushing onto the scene of an auto accident will help ensure that you don’t cause another accident that could lead to a lawsuit. 2. Know your responsibilities. Many drivers think that they are legally obligated to stop if they witness an auto accident occurring on the roadway. The fact of the matter is that most states in the U.S. don’t have a law requiring citizens to render assistance. Fortunately, if you do stop and render aid to individuals who have just been involved in an accident, your actions are protected. Many states (like Indiana) have enacted Good Samaritan laws to protect citizens from civil litigation for offering help in emergency situations. Be sure that after you stop you engage in responsible behavior, like calling 9-1-1 and cooperating with law enforcement officers once they arrive, and you should be able to avoid any legal problems that might arise in the future. 3. Don’t move victims unless absolutely necessary. If drivers or their passengers have been injured in an auto accident, it’s best to leave them inside their vehicles unless emergency medical personnel arrive on the scene. If you don’t have the medical training needed to accurately assess injuries on-site, you may end up turning a minor injury into something more serious by moving an accident victim. Avoid potential legal problems tied to negligence by leaving accident victims where you found them as long as there is no immediate threat (like a potential explosion or additional injury). Understanding the role you should play as a witness to an auto accident will help you avoid potential legal problems should you decide to stop and offer assistance after an accident occurs. Contact an attorney like one from Gelman Gelman Wiskow & McCarthy LLC for more...

read more

5 Things To Know About Medical Malpractice

Posted by on Feb 23, 2016 in Uncategorized | Comments Off on 5 Things To Know About Medical Malpractice

Medical malpractice is a serious offense that can be damaging to your reputation, your finances, and your medical practice as a whole. Medical malpractice occurs when a medical provider purposely neglects best practices or demonstrates intent to harm a patient. That means that even if you don’t mean to injure your patient, they can take up legal action against you if they deem your actions to be responsible for their harm. Here are 5 things you should know about medical malpractice: Time is of the Essence If a current patient or a former patient of yours takes legal action against you, there are time limits in many states that dictate the deadline for your response. This means that if someone accuses you of medical malpractice, you need to act swiftly to avoid losing your rights in court. Arbitration is an Option If you catch the problem soon enough and speak with the patient early on, you can sometimes avoid going to court. It is often better to settle out of court than to have your personal and professional details leaked to the public during a trial. The Paperwork Can Be Overwhelming The U.S. justice system is very advanced. As such, there are many files and documents that accompany any legal proceedings. If you find yourself in the middle of such a situation, you should consult an attorney to help you file correctly and protect yourself fully under the power of the law. Federal Suits are Different than State Suits Medical malpractice exists as a term in federal laws and state laws. If you are being sued by a patient, it is important to understand the difference between different state laws and federal laws. A qualified medical malpractice attorney can help you differentiate between the two. Never Admit Liability During a patient’s care, they go through many steps and are helped by many people. Everyone from the front desk personnel, to the nurses, to the doctors on staff can come into contact with the patient. It is important, therefore, never to assume that you are liable personally. Always get all sides of the story and make sure that a simple misunderstanding is not the cause of the patient’s idea that you have harmed them. Medical malpractice affects many medical practitioners every year. That’s why you should consult an attorney if you think you could be at risk. It is always better to be safe than to be sorry. Click here for...

read more