Making A Personal Injury Claim Against A Spouse

Injured Person

People get injured by their spouses from time to time. For example, you may be injured as a passenger in a car accident where your spouse was the driver at-fault. When this happens, bills can pile up easily. You may be unable to work and have mounting medical expenses, not to mention the cost of getting the family car repaired.

In this case, it may in your best interest to make an insurance claim against your own spouse. If not, who will compensate you for your losses? And After all, isn’t that what you and your spouse have paid the all those insurance premiums for?

Read here to find out if you can file a personal injury claim against a spouse and how insurance providers deal with these types of claims.

Claims Against Spouses

Basically, there are two main questions to answer in regards to personal injury claims against spouses:

  1. Does the law allow one spouse to sue another?
  2. Will a personal injury claim made by one spouse against another be covered by an insurance policy they share.

In most states, the law allows a spouse to bring a personal injury suit against another for injuries caused by negligence or intent.

However, since spouses normally share the bulk of their assets, a judgement rendered in favor of one spouse and against the other is usually a moot point. So, the real question is how do insurers handle claims brought by one spouse against another.

In some states, the law provides that insurance companies cannot exclude coverage for a spouse who is negligently injured by another, though they often exclude coverage for injuries caused intentionally. In these states, a spouse can make a claim for injuries caused by their counterpart’s negligence, even if they own the insurance policy jointly.

In other states, however, an insurer is allowed to exclude coverage for claims in which the insured may be partially liable because of close familial ties, as long as the policy meets the statutory minimum liability requirement. So, the negligent spouse’s insurer would only be responsible for anything up to the statutory minimum liability limit.

So for example, if you were injured in a car accident where your spouse was the driver at-fault you would only be able to recover compensation up to your state’s statutory minimum liability limit, which is on average $25,000 across the nation. So even if your spouse has $100,000 in liability insurance, the total amount of damages you would be entitled to recover would be limited to $25,000. However, you may be eligible to recover additional compensation if your spouse also has personal injury protection (PIP) insurance, which is a no-fault form of insurance, that should cover you regardless.

This does not preclude your insurer from providing coverage in excess of the statutory minimum, and this may very well be the case. So, you should always check the exclusion section of your policy and speak with your insurance agent to find out whether your policy provides coverage for spousal or familial liability above and beyond the statutory minimum liability requirement.

Contact a Ryan R. Cox & Associates personal injury lawyer to discuss your particular case.

 

Role of Accident Attorneys

2

An accident attorney is a legally trained person who helps individuals by advocating on their behalf in case of an accident. Attorneys are able to appear in courts of laws on behalf of their clients. When you have been in an accident that is as a result of another person’s negligence you have the right to get compensation from that person. Federal rules control accident settlement and each state has its own federal rules. This is why it is necessary you hire an accident attorney who is licensed and qualified to practice in your state because they are conversant with these rules.

When you hire an accident attorney after an accident, your case will end up getting to the court instead of being settled outside the court. Whether you are an innocent party or the liable party, you need to hire an accident attorney to protect your rights and ensure that you are not taken advantage of by the claimant.

3 Benefits of Relying on a Bloomington Criminal Defense Attorney for Drug Charges

Criminal Defense Attorney

Facing drug charges can be a scary time and one that you will want to get the right legal advice about for the best results. Regardless of whether you think you were in the right or the wrong, the charges will have to be dealt with immediately. The key to getting through this scary time is by relying on a legal professional. This individual will know precisely what to do and when to do it. By knowing the particular benefits of hiring a Bloomington criminal defense attorney, this may be the motivation you need to do so now.

Benefit #1: Help you emotionally

Drug charges are serious and can cause you a great deal of mental anguish. The uncertainty of not knowing how your case may turn out can be tough for you.

Your Bloomington criminal defense attorney is there for you throughout the entirety of your case. You may find that friends and family members can no longer be found, and this makes it increasingly important to rely on the expertise of a legal professional. Getting through this emotional time will require the assistance of an individual that can help you know what to expect.

Benefit #2: Negotiate

It may be in your best interest for your Bloomington criminal defense lawyer to negotiate a deal on your behalf. This is referred to as a plea bargain and can typically allow you to get a lesser charge or reduced fine.

This will work by your attorney meeting with the judge and go over your case. This is the time to provide the reasons your charges should be reduced, and some of these may include you never being indicted in the past or being a good neighbor in your community.

It takes a legal professional that actually knows the law in this area to be well-informed on what to do and how to assist you the most at this time.

Benefit #3: Build your case

The key to getting spending less time in prison or paying lower fees will depend on the strength of your case. It’s ideal for your attorney to know all of the facts and details of what happened to assist you at this time.

Building a strong case will take time and effort is important to you if you’ve been charged with drug possession. Be prepared to give your lawyer all of the facts and be as honest as possible when doing so.

You can overcome drug charges, and you will only have the best way to do so by getting legal assistance. This is an area that only a Bloomington, Illinois criminal defense attorney will know conclusively what to do and how to do it for your best interests. Take the time to consult with this professional when you need to do so for optimal results!

What Makes a Personal Injury Case in California?

personal injury compensationBefore hiring a personal injury lawyer in Sacramento California, it is important to understand what makes a personal injury case. It can be critical for an individual who has been involved in an incident and finds themselves unable to afford proper treatment. Many times individuals do not consider the long term effects of an injury that may seem minor when it occurs.

 

There are many types of injuries that are considered personal injuries and may require the assistance of a personal injury attorney to assure proper settlement. Personal injuries can occur to the body, mind, or emotions and require medical treatment. Some injuries result in the need for long term treatment which can be very costly.

Individuals who are assaulted often do not consider the fact that this is a personal injury that may require a long period of recovery that involved both medical and psychological assistance. By seeking the advice of a personal injury attorney the options for recovering the necessary resources to address these issues is much easier.

 

While many Sacramento businesses have doctors, nurses, or other staff available to treat staff who are hurt they may not have the expertise necessary to diagnose a severe injury. Employees hurt on the job are often asked to sign a waiver of liability after seeing one of these medical people without being given an opportunity to seek the advice of an independent doctor or lawyer.

 

As people age the evidence of previous injuries can create a costly treatment program that had not been addressed when the injury occurred. In many states and countries there is a statute of limitations on the length of time a person can file a personal injury claim. It is very important then to seek the advice of a personal injury attorney prior to the statute of limitations expiring.

 

Medical and dental malpractice is more common than most people would think. For many people, signing the forms for medical treatment makes them think that if they are injured during a procedure due to negligence they have no recourse. This is not the case. Negligence on the part of medical or dental professionals is one of the categories that answers the question of what makes a personal injury case. When an individual must seek treatment for the treatment they received at the hands of a negligent medical practitioner they have sustained a personal injury and should seek recourse.

 

injured manWhen people do not seek personal injury compensation following an incident they are assuming the cost of treatment in later years. An attorney who specializes in the type of incident and resulting injury that occurs can provide an individual with an overview of the types of treatment they may require long after the statute of limitations for filing a personal injury claim occurs.

 

Repetitive strain is becoming a common condition in both men and women. This is the result of constant use of computers in the workplace and at home. The damage caused by this type of strain can often lead to surgery and long-term treatment is required. In addition, this damage can cause many other issues with the wrists and hands for people who suffer this type of injury. A common practice is for an individual to use their private insurance for treatment and surgery and they do not think to file a personal injury claim.

However, what makes a personal injury case in California is just this type of incident. An individual who suffers from this type of debilitating injury should seek the advice of an attorney who specializes in this type of injury so that they are aware of the costs of treatment for this condition and act accordingly.

Fatal Storefront Crash Brings $32 Million Verdict against Convenience Chain

One person died in this three-car crash. (KATU News photo)

After a three-week trial, a jury in western Massachusetts on February 23 awarded over $32 million to the survivors of a woman killed in 2010 by a runaway SUV as she was about to enter a convenience store in Chicopee, Massachusetts.

By a 10-2 margin, the jury found convenience store chain Cumberland Farms negligent for not having installed security bollards or other protections for shoppers against the hazard of storefront crashes. The jury’s award of $32,369,024 went to the husband and teenage daughter of Kimmy Dubuque, a 43-year-old financial executive in Springfield.

Ms. Dubuque died after being pinned against a store wall when an elderly motorist drove his SUV at more than 70 miles per hour into the storefront. It was later determined the 81-year-old driver had suffered a stroke; he was not charged criminally or named as a defendant in the lawsuit. Lawyers for the Dubuque family told the jury that the company knew that the store design brought drivers directly towards the storefront, but took no steps to protect against a hazard of which the company was aware.

The trial spotlighted the surprising frequency in which vehicles crash into storefronts. The company’s records showed Cumberland Farms had experienced 485 storefront crashes during the previous ten years, approaching one per week. While there is no government agency that compiles official statistics on storefront crashes, 7-Eleven, the largest convenience store chain, in another trial testified it had experienced over 1,500 vehicle-store crashes during a seven-year period. The U.S. Postal Service also reported having almost 600 vehicle crashes into its buildings in one recent year.

California-based non-profit safety newsgroup FairWarning says storefront crashes in one recent year killed a minimum of 16 customers or employees and injured almost 600, about one-fifth of them seriously. The group adds that since it hunted news accounts to find storefront crashes, its number is likely to be an underestimate.

While driver medical emergencies factor in an estimated 6% of storefront crashes, the most common cause (in 41% of cases) is a driver’s mistakenly stepping on the accelerator rather than the brake. Other common factors include drivers falling asleep, losing control or driving while impaired. Safety advocates point out stores designed for head-in parking directly in front of the main entrance increase the risk of storefront crashes, absent effective barriers.

Lawyers for the plaintiffs also presented evidence that the company’s own research showed the best protection against storefront crashes would be to install groups of 6-inch-wide security bollards to block out-of-control vehicles, which would cost between $3,000 and $3,500 per store. The company’s biggest effort to install barriers, undertaken after the Chicopee incident, used weaker, cheaper posts and narrower-gauge steel; even that protection was not installed in about half the chain’s more than 500 locations.

The company’s lawyers argued security bollards were not mandated by any local, state or federal law; defense pleadings also argued the SUV driver was entirely responsible for Ms. Dubuque’s death, since his stroke led to the fatal crash. The defense also noted the Chicopee store had not experienced any previous vehicle-into-store crashes since the chain acquired it in 1974.

The $32.3 million verdict was separate from a multi-million award for interest in the long-pending lawsuit, first filed in May 2012. The jury verdict also included as punitive damages a nominal $10. The company was reportedly weighing an appeal.

Accident Attorney A Companion in Bad Hours

38

Road accidents are the highly tragic issue that shatters a life of an individual and a family, and the worst part is, these are becoming highly common these days. Every minute, a new case of the accident is coming to light and ruining lives. No doubt, a law is there and rules as well. But, still it is happening and creating trouble rapidly. As per law, if a person gets injured while an accident and files a case against the accused; then the defendant is liable to compensate the injured. However, handling these lawsuits is not possible for an individual solely, but he must need to hire a competent accident attorney to get justice.

Dealing any legal proceeding requires broad knowledge about lawsuits, confidence and many more. These attorneys are very well aware of these lawsuits and with their years of experience, they develop needed confidence to fight for justice. In addition to it, a good auto attorney always shows up the right way to provide maximum satisfaction to a sufferer.

Not only injured person, but if you are on accused side, you should still need to hire an accident attorney to come out of such ungodly hours. Getting involved in an accident case can cause a big trouble to accused person life. It can ruin the entire career and also wastes lots of time to attend court. In this way, getting out of this time becomes prior intention for everyone, and when they get a help of an attorney, it becomes profoundly easier to deal with such crisis.

Generally, at such time, the second party the injured one does not readily agree on compensation and asks for a high amount of compromise. To negotiate with them, an accident attorney can do better job and can easily convince the second party for the quicker agreement to help accused to get out of such case. Therefore, an attorney plays the dual role in an accident case.

So, it is very much clear that accident attorney has great relevance at this time. But, another important thing to consider is to find out the best attorney who is highly essential part of this subject. Hence, at that time, do not hurry, but talk to few attorneys or take reference from your known ones. After going through their portfolio, you can finalize any suitable one for you.

Discover How A Philadelphia Car Accident Attorney May Help You With Your Pain.

5aacf214e9e845cf6bc7633b84214227

truck accident attorneysIt can be difficult to find a car accident attorney in Philadelphia, but with a little bit of research, word of mouth and help, you could find a spectacular car accident attorney that is able to fight for your rights, and help you to get the most money that you deserve as recompense for your pain and suffering. The right car accident attorney can help you to understand the laws that are in place in Florida to protect your rights, as well as using them to your utmost advantage to maximize your settlement to help you with your lost wages, medical bills as well as your intense grief.

The most knowledgeable and exemplary truck accident attorney in Philadelphia will fully understand that money will not make you whole, but financial compensation is the only reward allowed under Florida law. In this case, you need and deserve a car or truck accident attorney that is fanatical about pursuing your rights as well as your compensation.

However, insurance companies are already aware of this and will do everything that they can to avoid paying you what you deserve. Therefore, it makes it paramount that you contact and retain a car accident attorney that understands your rights and can go to bat for you against the insurance company to get you what you deserve.

With and experienced and knowledgeable auto accident attorney, it will often be able to get more than three and one half times the money for your injuries than what the insurance company originally offered you. Although hiring a car accident attorney that can help you with your claim and potential compensation for your pain and suffering will not make you complete again, they can help make your life, as it is now, a lot easier.

All The Facts About An Accident Attorney

1

With a short amount of time in your hands, and people pressing you to go ahead with things and get yourself an accident attorney, you need to know what to base your choices on, and how to make sure you are not in for a roller coaster ride.

The first thing you need to keep in mind when selecting accident attorney for your case is that you should not just sign any papers for an attorney to represent you unless you or someone you know has spoken to or met with the accident attorney on your case. Just knowing who your attorney is, is not enough either. You need to discuss the case and get an opinion; in other words, you need to consult the attorney to see where you and the situation stand and what the outcome of filing a case, and the other matters of the accident might be like.

You will need to choose an accident attorney who has dealt with cases like yours. The attorney you choose needs to have experience so that he/she knows what they are doing. Any lawyer may be able to handle your case because it will be of a general nature, but you have an accident attorney in your mind for a particular reason, and that reason is that this attorney will be a specialist in dealing with your case.

Looking for an accident attorney might be a difficult task, but the internet can be of great help in this search. You will be able to find many firms and many individual lawyers who will be ready to offer their services to you. Some even have a free consultation so you can discuss matters before making a choice. There are reviews of these firms and lawyers as well, so should check because you can’t be too sure. Other ways in which you can find a good attorney for your accident is through any lawyers you already know of, or through your friends and family. These people will also be able to give you reviews about the lawyer they are referring you.

If you choose a firm to provide you with an accident attorney’s services, make sure you ask them who precisely will be dealing with your legal matters, and you speak with your lawyer. We say this because sometimes the person you will be interacting with, in the firm, may not be your attorney. So it is a good idea to ask, just in case.

Any attorney who seems to be shady, or is avoiding answering questions, or is confusing you instead of making you understand things shouldn’t be hired for your job because you don’t want any more problems besides the accident on your hand.

What you need to remember that, unless you don’t have insurance or funds to pay for medical bills, and a court case is the only way to get funds for your medical bills, you shouldn’t rush your decision about an accident attorney. Think about the choice you are going to make before you sit through the process of the legal matters.

Points To Consider in Choosing a Lawyer

3

No one can predict an accident. It is unforeseen and irreversible. Reckless driving is at its peak these days. In spite of being extremely careful, people face dangerous accidents that often are life-threatening. In cases of severe accidents, a victim is supposed to get compensation from the other party. It is when a party denies the responsibility and tries to get away from paying the compensation; matters get complicated.

Filing for compensation, after an accident, in a court of law is not a walk in the park. If you want a positive result, then you need to locate a competent accident attorney. Residents make sure they take their time to find the right one. Many people will give you a lot of advice after you’ve met with an accident. However, the best advice will be given by your lawyer. If the accident took place due to someone else’s negligence, then you as a victim have every right to demand compensation for the guilty party.

Thinking of appealing for compensation and doing it are two very different things. The latter is a complex process that is best left up to your legal representative. He/she will know exactly how to go about a compensation claim, and all you need to do is provide him/her with all the details about the accident. Details and evidence are integral components of an accident case. The foundation of any case rests upon the evidence that is at the disposal of the lawyer.

In an accident case, evidence will take the form of eyewitness accounts of the incident, the accident report prepared by the traffic authorities, pictures of the site where the accident took place and any other related information. If your lawyer has all this in his possession, then your case will turn out to be rock solid, and it won’t be long before you receive what you deserve. Medical reports of the victim are also important documents that should be handed over to your attorney.

Any accident causes a lot of distress to the victim and his/her family. If the person injured was the only working member of a family then the other family members have to bear the financial pressure that slowly begins to creep in. Financial worries aside, there are cases in which victims may be permanently disabled as well. Therefore, it is vital that you have an accomplished attorney in hand.

Being a victim of a serious accident you have the right to claim for compensation. The best way is to take legal action against the wrongdoer. You should file a case against the other party. It is recommended to take the help of an accident attorney to fight your case. It is not possible for an ordinary man to understand the complications of legal procedures. You must take the assistance of an expert lawyer.

An accident attorney has the following functions:

* Providing assistance to a client in filling an application and other paper works.

* Helping a client understand the implications of a case

* Evaluating an approximate value of the compensation that a customer is supposed to get

* Representing a client at the court and trying best to turn the case in his favor by exercising skilled advocacy.
There are endless benefits of hiring an accident attorney to fight your case. However, you must be careful of a few points while choosing the right attorney for your case. Here are a few tips that can help you:

* Ask your known ones about reasonable accident attorneys. Getting recommendations on different attorneys can be very helpful in understanding how reputed a lawyer is.

* Make sure a lawyer holds sufficient experience. An experienced lawyer will know about the latest legal updates. He would also have contacts with influential court personnel.

* Your attorney must hold expert qualifications in his field. Check his certifications before hiring him.

* Verify from your local bar association whether your attorney holds a valid license to practice law in your area.

* Make the most out of your first encounter with your lawyer. Clear your doubts and queries. Analyze how he replies to your questions. His body language will help you to decide whether he can fight your case or not.

If you are a victim of an unfortunate accident, do consult an accident attorney.