Injuries From A Slip, Trip, or Fall

Posted by Scott Smith on 2019-05-06

Work injuries happen, even for companies that are strict on their safety rule enforcement. On the job injuries can be minor or life-threatening and anywhere in between. The most common causes of work injuries are slips, trips, and falls. They are the second highest case number that accident attorneys are hired for, car accidents being number one. These are some of the more common injuries that can happen as a result of a slip, trip, or fall.

Soft Tissue Injury
Soft tissue injures can be tricky to find right away. They can show up days or even weeks after your accident. It can be bad bruising, wrist or ankle sprains, and possibly torn ligaments in your wrist, ankle, or knee. Since they show up later they can be hard to prove that your injuries are the result of your accident. File an accident report right after the accident happens. Make sure you keep all medical documentation should you need to go to court.

Head Injury
Head injuries are serious even if they may seem minor. You may feel fine at first but head injury symptoms don’t always show up right away. If you fall and hit your head, get medical attention, especially if there is swelling, bleeding, or if you momentarily lose consciousness. It might be that you have a concussion. A bad concussion could lead to a traumatic brain injury or TBI. This could later have an impact on your quality of life as some TBI’s can have side effects of color blindness, massive headaches, and even seizures. Having all the proper documentation from your doctor for all diagnoses, procedures, and tests will be very important if you need to present your case.

Cuts and Abrasions
The most common type of injury during a slip, trip, or fall is cuts and abrasions. These injuries typically bleed a lot but aren’t too serious. Make sure you get them cleaned of any debris and keep them bandaged to prevent infection. Sometimes a cut can be deep and stitches may need to be required. Make sure you have your supervisor call for help and get all your wounds looked at no matter how minor they may seem.

Spinal Cord Damage
Some accidents can have severe injuries. Spinal cord injuries happen when there is compression to the spinal cord. The higher up on the spinal cord, the more damage you have and more serious symptoms. Damage to the lower area can result in partial paralysis while damage to the upper area can result in full paralysis. If you fall and land on your back, tailbone, or neck stay still until you can be checked out by medical staff. You may have a smaller injury that cant turn into a major injury.

Broken Bones
Broken bones can be a scary injury visually and can be very painful. You may have a compound break or a small fracture. Some injuries can include the bone coming through the skin. When you break a bone, don’t move. You may cause the break to become worse. Wait for medical care so the bone can be set correctly. Surgery may be required to repair the break. Physical therapy will be prescribed to restrengthen the muscles from your time in a cast. Make sure you keep all documentation to give your attorney if one is needed.

Possible Causes of Slips, Trips, and Falls
Most slips, trips, and falls happen through the negligence of the company rather than your negligence. Some common causes for slip, trip, or fall accidents are:

Unsafe working zones where safety practices are not used or enforced

Slips, trips, and falls can happen anywhere but companies should do their best to make sure they don’t happen in the workplace. If you experience an accident you should wait and get care even if you don’t feel pain or think you aren’t hurt. Make sure you report your accident to your supervisor for documentation. Hire an attorney and give them all medical and company reports on your accident. Attorneys like Michael R. Braun can help fight for you and make sure you get restitution for all your medical bills and lost time at work.

What Is Insurance Bad Faith?

Posted by Scott Smith on 2019-03-14

When you have a policy with an insurance company, you have essentially entered into a contract with them. They, along with yourself, have to abide by the terms set in that contract. If you feel that the contract has not been kept, you have a case of bad faith insurance. But do you know what that fully means?

What does insurance bad faith mean?
In a brief nutshell, insurance bad faith is when the insurance is looking for ways to prevent paying the policyholder on a claim. The definitions of what constitutes bad faith will vary from state to state. The opinion of the policyholder that the insurance company didn’t pay out what they thought the claim was worth isn’t bad faith. Bad faith is more when there is evidence that the insurance company ignores evidence that supports the policyholder’s claim and refused to pay out.

What are some common examples of bad faith?
While this is not, by all means, the entirety of what can be considered bad faith, here are some examples of what can happen to cause a bad faith insurance suit.

Keep in mind that each case is different and may have different outcomes. Just because one case has one outcome does not mean your case will have the same outcome.

How do I avoid having my claim denied?
An insurance company can deny a claim if the policyholder doesn’t uphold their end of what is required by the policy. It can be denied if a claim is made on something that is not covered by the policy or if a fraudulent claim is made on something that didn’t happen. If you want to avoid having your claim denied make sure you inform your agent if there is a recoverable loss. Make sure you know your policy inside and out to give the appropriate language for your claim. Make sure you keep a record of all phone calls and all records that deal with your claim. You should have their name, the date, and the time of the conversation. Write down what the conversation was about and how it ended. If they mention a verbal settlement or want you to provide additional information, make sure that is in your notes as well. Keep track of all questions and answers and make copies of all written correspondence you receive. All of this information will be needed by your lawyer if you hire one.

If you feel you have a claim you need to be able to prove two things. One, you need to prove that the benefits that you are owed under your policy were withheld. You need evidence to show that you had a valid claim that was denied by the insurance. Second, you need to prove that the denial of your claim was unreasonable. For bad faith insurance claims, we recommend you retain a lawyer like Michael R. Braun. He can advise you on what information and evidence you need to support your case and will further help you gather information by formally requesting your claims file which will have the adjuster’s notes.

His team will be by your side, advising you each step of the way.

What Causes A Truck Accident?

Posted by Scott Smith on 2019-03-13

Accidents happen on the road but some of the worst accidents involve the big rig tractor trailers. No matter if it only involves the rig or if it also has other vehicles involved, the size of the rig causes major damage.

Common Causes of Big Rig Accidents:
When you are talking about tractor trailer accidents, they are typically caused by one of four conditions.

● Engine Breakdown: Trucks are legally required to pull to the side of the road when they have something go wrong mechanically. So when the tractor-trailer’s engine fails, they have to move the truck safely to the side of the road. Once they are stopped on the side of the road they are supposed to set flares at the end of the truck to warn oncoming drivers of the location of the rig while they are stalled.

● Tire Failures: The most common cause of a tractor-trailer accident is tire failure. Since big trucks are on the go constantly, there is a lot of wear and tear on the tires. When a tire does blow out it can be dangerous not only for the driver but the cars around the truck as well. When the tire goes out it shifts the center of gravity for the truck, making it easier to tip over. The driver only has a few seconds to try to keep control of the truck and make it safely to the shoulder of the road. If the driver doesn’t get control, the load can shift which will cause the truck to crash which could endanger the other vehicles near the truck.

● Lighting system issues: At night the lighting system helps other drivers know that there is a big rig ahead of them. If there is a problem with the lighting system other drivers may not know the truck is there until the are too close. This could lead to an accident if the car is not able to slow down in time or has to swerve to miss the truck.

● Brake failure: The brake system on a tractor-trailer is a complicated system and has to be checked regularly. Since trucks go across the country, they have to deal with going down steep inclines and other brake-use heavy areas. Should the brakes fail, the drive doesn’t have control over stopping the truck which could cause a serious accident. Some steep areas, such as coming down high mountains, have brake stop areas for trucks whose brakes have overheated and stopped working. They are mounds of sand designed to catch and stop the trucks. In these areas, this is the safest way for a truck to stop when then the brakes fail.

Truck accidents because of these causes and more but each accident is different. There are different types of accidents that can happen to a truck that can endanger the cars around it. Here are the four most common types of big rig accidents.

● Cars driving in the “No Zone”. Tractor-trailer may have large side mirrors but they still have some pretty big blind spots. These are bigger than what a normal passenger vehicle would have and are known as the “no zone.” Cars that drive in this area can’t be seen by the driver and run a large risk of getting hit by the truck.

● Turning accidents: Since big rigs are so much larger than a typical car, they require more space to execute a turn, especially a right turn. Most trucks will need an additional lane to make a right turn and will take up two lanes to do so. If cars move into the lane before the truck has a chance to turn, it is likely the car will be hit if it is not able to move out of the trucks way. Always pay attention to what a truck is doing when turning and don’t be impatient and move to the other lane unless moving will give the truck more room.

● Jackknifing: Tractor-trailers are made of two different parts, that cab, and the trailer. Jackknifing happens when the truck makes a turn that is too sharp and the cab turns and hits the front edge of the trailer. This causes the trailer and cab to fold in on itself and then the trailer will swing out hitting anything in its path.

● Rollovers: Big rigs are taller and therefore have a much higher center of gravity than a normal passenger car. This makes them more susceptible to tipping or rolling over, especially when they are making a turn. The faster or shaper the turn, the more chance the truck has of rolling over and crushing anything near it.

The best way to avoid being caught in any of these types of accidents is to stay alert and to give trucks plenty of room. Should you see any of these situations, you need to give yourself time to stop or get out of the way. Sometimes this isn’t possible and you may find yourself caught in a tractor-trailer accident. If that happens you need someone like the law office of Micheal R. Braun to help. He can get you the help you need for any medical bill or expenses caused by the accident.

What To Do If You Suspect Wrongful Death

Posted by Scott Smith on 2019-02-07

Life happens and sometimes that means there are accidents. No one means to but sometimes people get hurt or worse, sometimes they are killed. When this happens, the survivors are left wondering what they can do for compensation. They are left struggling due to lost wages and funeral expenses. This is when the survivors file a wrongful death suit.

What does wrongful death mean?
Wrongful death happens when someone dies through the fault of a person or company. It could a single person in a car accident or it could be a faulty product produced by a company that resulted in a death. These suits can involve everything from a simple accident to a medical procedure gone wrong, of a faulty liability case. Individual people, companies, and even government agencies can be found legally at fault for negligence or for acting in an intentionally harmful way.

Who can file a wrongful death suit?
There is a limitation on who can file a wrongful death suit. They should be acting on behalf of the survivors of the deceased who are suffering due to this loss of life. These people are called “real parties of interest.” Sometimes this can be an executor of the estate, but the list can vary from state to state. There are others who can file in addition of the executor:

● Immediate family members. All states allow immediate family, spouses and parents, to file a wrongful death suit.
● Life partners or dependents. Some states will allow life partners or anyone that was wholly dependent on the deceased to file.
● Distant family members. Some states allow for distant relatives such as a grandparent, sister, or brother to file a suit.
● Parents of a fetus. When an accident happens through negligence or attack, parents of an unborn child can file a wrongful death suit on behalf of the unborn baby.

Who can be sued for a wrongful death suit?
Different types of people can be sued for a wrongful death. It could be a single person as in a car accident. It could be a company in the case of a faulty product or part. The government could be sued if they failed to provide warning of a hazard in time. Some examples are:
● The driver in a car accident
● The person who sold alcohol to someone already intoxicated or impaired driver
● The owner of the location that served the alcohol, be it a store or a bar
● The company if a part on the car is faulty
● The builder of a faulty highway
● The government if adequate warning was not provided in a timely manner

Know your statutes of limitations.
Most cases have a statue of limitation and wrongful death suits are no exception. This limits how long someone must file the claim before the opportunity is gone permanently. In most state the immediate relatives get 1-3 years depending on the state to file a case.

Talk to an attorney.
The best course of action is to speak with a wrongful death specialist if you feel you have a case. They will help you gather all the necessary information and file all the correct paperwork. They will help you understand the laws surrounding a wrongful death suit which will help ease some of the stress of the case.

Understand your reimbursement options.
The courts will ultimately decide if and what reimbursements you are going to receive. These could include:
● Loss of income including future income
● Pain and suffering
● Loss of quality of life
● Hospital and burial costs
● Inheritance loss
● Mental suffering
● Support system loss
● Loss of companionship
● Collective damages
● Loss of a family member.

These can vary from state to state and some courts don’t allow compensations to be discussed. Make sure you speak with your attorney to fully understand the laws and statues of your case.

Wrongful death is hard enough without a lengthy court battle. Get a wrongful death attorney from the start to make the process as smooth as possible. They can tell you what to expect during the case. Make sure you are informed on what your state will allow and what the processes are.

In A Car Accident? What Do You Do Now?

Posted by Scott Smith on 2019-02-07

Your life can drastically change in a split second. One minute you are driving somewhere and the next you find yourself in an accident. Whether you are at fault or not, there are some things you need to know for when you have an auto accident.

Don’t leave but move the vehicles to a safe place.
Absolutely never leave the scene of the accident. It is illegal and will cause more trouble than you would be in if the accident is determined to be your fault. If you and the other driver are able, move your vehicles to the side of the road so that you are not in the way of traffic. You don’t want to cause a further accident by blocking the road. Make sure you stand away from the road to prevent any injury. If you are not able to move the vehicles from the road, stand on the shoulder or stay in your car to avoid further injury.

Check on all people involved for injuries and call 911.
Make sure that all passengers and the other driver are ok. Once you have determined everyone is ok or needing medical attention, call 911. The police will be needed to make a report of the accident, an ambulance may be called to the scene if someone is injured, and a firetruck may be needed if any gas or other fluids are on the road.

Get pictures and talk to witnesses.
While you are waiting for the police to arrive, take pictures of the damages of both cars. This will help your insurance adjuster later. You need to document as much as possible about the incident. Talk to bystanders to see if anyone witnessed the accident. Make sure you point out any witnesses to the police. They will be able to get a statement about what happened, and you may need their testimony if there are any legal issues.

Exchange Information
This is typically collected by the police officer responding to the scene, but it’s good practice to exchange information as soon as possible. You may find yourself in a situation where the police can’t respond, like being in a privately-owned parking lot. Also, this information will come in handy once you are able to contact your insurance company.

Give the officer as much detail as possible.
When you talking to the officer on the scene, make sure you give as much information about the accident as you can. Give details on what you were doing and what you observed the other vehicle doing. This is a great time to point out witnesses as their statements can shed more light on exactly what happened. Not only will this give the police a better understanding of what happened, yours and theirs accounts may be used to determine who is a fault for the accident.

Contact your insurance company as soon as possible.
Contact your insurance company as soon as you can and give them information about the accident. They will need the police report as well as any photos you took to build an estimate on the damages as well as deciding who is at fault. Georgia is an at-fault state which means that the person determined to be at fault is responsible, along with their insurance company, to pay for damages. However, Georgia is also known to be a proportional comparative fault state. This means that it is assumed that both parties are partially responsible for the accident, it just needs to be determined how much of that responsibility each party has. If one party is found to be over 50% responsible, they are not able to seek any compensation for any damages, injury bills, or loss of income due to the accident.

You may want to consider getting an attorney.
You may not like it, but you should consider getting an attorney in case legal issues arise due to the accident and you need to go to court. Make sure you keep track of all medical expenses and any repair costs. Watch who and how much you discuss the accident. Careless comments could cost you in court. Be leery if the other party tries to give you a settlement offer. Do not accept any offer without discussing it with your attorney. Your attorney has your best interests at heart, and they want to make sure you get fair compensation.

Having an accident is not fun and causes a lot of headache. Your loss in time and transportation makes your life difficult. However, there are steps to follow to make sure your inconvenience is as low and fast as possible. Take time to learn these steps and your next accident (hopefully not any time soon) will go much smoother.

What You Should Do After A Slip-&-Fall Accident

Posted by Scott Smith on 2019-02-07

Even though companies strongly enforce safety rules slips, trips, and falls happen. You are working and following all safety rules when you slip and fall. You may not know what to do after you fall. There are steps that you should follow to make sure you get adequate and fair compensation.

Tell your supervisor and get medical attention.
Report your fall to your immediate supervisor. They will need to document what happened. Make sure you seek medical attention even if you think you don’t need it. Don’t decline to see a doctor right away. There may be a serious injury that doesn’t show up right away. By going to the doctor, you are beginning to document the timing and details of your case for workman’s compensation. Having professional documentation of all injuries or any possible future injuries will make it harder for the company to block the claim by saying your injuries happened away from work.

Inspect the scene of the fall.
Look around where you fell. What caused you to fall? By determining what caused you to fall, the people reviewing your case can decide if there was something the company could have done to prevent the accident. Make sure you take pictures of the scene. This will document the scene for the investigators. It doesn’t matter if you know what you are taking pictures of, take as many pictures as you can. Your attorney can tell you what is going to be relevant to your case later.

Find out if there were witnesses.
Having a witness account will be very important to your case. They can confirm what happened and what caused the fall. Make sure you include any witness names and their accounts in your official report. Make sure an official report of the incident is filed. Your supervisor may try to say an official report isn’t necessary but insist that one is filed.

Write everything down.
Memory can be faulty. Make sure you write down every detail of the slip and fall as soon as possible. You want to preserve as many details as possible and you don’t want to run the risk of forgetting something important later. Make sure you give this account to your attorney.

Don’t talk too much about the fall.
You want to make sure you are only stating the facts and that you don’t talk to too many people. That can muddle what facts or reembraces of the event. Make sure that when you do talk that you don’t blame the company or take any blame on yourself. This could be used against you later in the claim. DO NOT POST ON SOCIAL MEDIA! If you go on social media with complaints or blame it can damage your case.

Hire an attorney as quick as you can.
You may need to fight to get your claim to workman’s compensation so you will want to start working with an attorney as soon as you can. This way they can start working on your case and getting all the documentation they need. Having an attorney will help you have the best chance of ensuring your claim is approved.

Slips and falls can really make a big impact on your life. You could have lost time at work and lost wages. Having an attorney to facilitate the process can only help you. Don’t let a slip and fall incident change your life. Following these steps will help you get started on building a solid case for workman’s compensation. Remember that documentation is essential to any case. Every detail and every piece of evidence can only help you.