Summer makes people want to be outside having fun in the sun. That means more trips to the beach, local pools, or maybe even to a lake. However, there are a number of dangers that lurk in association with water recreation. Here are a few ways to keep you and your family safe.
Avoiding Common Water Injuries
Here are a few things you can do to stay safe and keep your fun activities from quickly becoming dangerous:
- Avoid water that isn’t properly treated – If you get some kind of parasite from pool water that hasn’t been cared for properly, the owner will likely be held responsible for medical expenses. However, if you are at some random lake or pond, it’s tough to know if the water is safe, and you will be swimming at your own risk.
- Use caution around power watercraft – Someone on a jet ski should be looking out for swimmers, but it is better to use caution and stay out of the line of watercraft than to get hurt, even if it’s not your fault.
- Watch out for shallow water – Diving into water that is too shallow can lead to serious injury and even death. Pools should be properly marked as to depth and whether diving is safe, but always check the water depth yourself first just to be certain.
If You or a Loved One Has Suffered a Water-Related Injury
There are many times that water injuries could have been avoided with proper caution. A failure to properly treat a pool can lead to serious medical conditions. An incorrectly marked pool can result in paralysis from diving into the shallow end. A boat may strike a swimmer due to the careless operation or because a person wasn’t properly licensed or trained.
The personal injury attorneys at Petrov Law Firm can help you to seek due compensation if an injury has resulted in medical bills, missed work, or mental suffering. To learn more, call 619-344-0360.Read More
The fact is that the great majority of personal injury cases result in settlements, and that’s not a bad thing. However, there are times to settle and times to go to court. Plus, there are times when rejecting an initial settlement may lead to a better offer without the need for a court battle. Here are a few things you should know about settling personal injury cases out of court.
Situations Where You Shouldn’t Accept a Settlement
Here are a few times to avoid accepting a settlement or a when settlement may not be possible:
- The insurance company or lawyer won’t give you time to consult with your own attorney.
- The settlement amount seems too low.
- The statute of limitations requires a suit.
Getting the Settlement You Deserve
By acting within the appropriate amount of time and consulting with a personal injury attorney, you can help to ensure that you receive an adequate settlement. In the meantime, it is important to avoid signing anything or accepting compensation that would disqualify you from seeking further damages. You also need to contact the right attorney to receive compassionate assistance backed up by experience and expertise in personal injury cases.
The personal injury attorneys at Petrov Law Firm have the knowledge and experience to help you recognise a fair settlement offer. While it is always up to you to determine if you will accept an offer or not, our lawyers can help you to make an educated decision. To learn more and to schedule a consultation, call us today at 619-344-0360.Read More
All drivers are held to the standard of what a normal and prudent person would do in any circumstance. Drivers are responsible for driving carefully, especially when a pedestrian is present. This responsibility is known as a duty of reasonable care in the realm of personal injury law. The law holds that a normally vigilant person is extra cautious and maintains full control of their car when they know a pedestrian is present or might be nearby.
A normal, prudent driver would take steps to avoid hitting a pedestrian in any situation if possible. Usually the driver is held liable in a pedestrian-auto accident due to the expected responsibility of due care. However, if the pedestrian behaves in such a way that makes it impossible for the driver to avoid colliding with them, the pedestrian will be found to be at fault.
For example, if a driver is going the speed limit in a commercial zone and a pedestrian jumps out from behind a parked car or other obstruction when the driver is only a few feet away, the driver will not be held responsible. Due to the pedestrian’s unpredictable presence and erratic behavior, the driver cannot be held responsible for the accident.
If a pedestrian behaves in a manner that forces someone driving in a normal, cautious way to take evasive maneuvers to avoid injury to the pedestrian, the pedestrian will be held liable to any damages incurred by said evasive maneuvers.
As a driver, it is prudent to remain cautious and aware when driving, especially around pedestrians. So long as all possible steps are taken to avoid injury to the pedestrian, the driver will not be found at fault. If a driver happens to sustain injuries when trying to avoid hitting a pedestrian, the driver can make personal injury claims against the reckless pedestrian. A personal injury lawyer should be contacted immediately to provide claims guidance and help secure the fairest compensation for the injured party.Read More
One of the best conveniences of life in the states is being able to live close to your work, granted you have to work every day. Living close means you don’t have to deal with a long commute that is almost always flooded with traffic in both directions. If this is the case, you have likely considered downsizing your personal automobile to a handy and earth friendly bicycle.
The many advantages of biking to work far outweigh the obvious risks associated with this physical activity. The most minimal advantages include saving on fuel, car maintenance, and health care costs. The more lasting and significant rewards comes in the form of improved physical and mental health that result from daily exercise.
Before investing fully in this economical and beneficial routine, you should also consider the basic risks associate with biking to work and how you can protect yourself in case of accidents on the road. The biggest risk for a bicyclist on the roadways is collision with a moving vehicle. Needless to say, the resulting injuries can be debilitating or even terminal.
Fortunately, you can reduce the risk of getting involved in such an accident by practicing defensive bicycling. Map out the shortest, most convenient route and one that will avoid sharing lanes with other vehicles. Once on the road, be aware of all traffic and don’t assume drivers can see you or will yield to you. It is safest to bike defensively, obey traffic signals, and say in protected zones such as bike lanes.
The most immediate and reliable form of protection you can get for yourself is personal protective equipment such as a trusty helmet, appropriate biking clothing, and a well-maintained bicycle with the necessary reflective and lighting materials.
Lastly, if you do find yourself in an accident with another vehicle, treat it as you would if you were in your personal car: obtain the driver’s insurance and contact information; make note or take pictures of damages to yourself, your bicycle, and their vehicle; call for emergency services should you require it and make a police report for proper documentation. If you have been hurt, you are still eligible to file for personal injury claims from the other party. Know you can protect yourself beyond the physical equipment necessary for biking to work.Read More
Making the decision to pursue a personal injury case can feel stressful. Is it the right thing to do? How much will it cost? What happens if I lose? Luckily, one conversation with a personal injury attorney will answer all of those questions.
The lawyer will set some basic expectations. For example, the lawyer doesn’t get any money unless you get money. In short, the lawyer takes a percentage. And so, the lawyer isn’t likely to take on a case that is a losing battle. Finally, personal injury cases are generally not about right and wrong; they are about injury and losses. If you lost money because of the injury (like lost wages) then you should be paid back.
If you slipped and fell at a grocery store, you aren’t really suing the grocery store; you are submitting an insurance claim through your attorney. The grocery store (or airport or cafe…) has an insurance policy to protect them from paying out on an accident. The insurance company pays for your injuries — not the business owner. So there is no need to feel guilty if you need to submit for reimbursement because of your losses.
Slip and fall cases take time — sometimes over a year. During that year, you will have to visit the lawyer a few times to answer some questions about the fall. Your lawyer can help you find a doctor to treat your injuries and you won’t have to pay for the treatments. Don’t go it alone if you’ve had a fall; ask a lawyer for help.Read More
In short, probably, but not always. As a one-person operation, your need for insurance will depend on what kind of good and services you offer. If you can think of a way a client could sue you for injury (as opposed to breach of contract), then you are exposed and you probably need insurance. If you are a small business owner and you are being sued for personal injury, contact a personal injury attorney immediately.
Let’s look at a few examples:
Freelance graphic designer: Generally, the work you perform is alone and doesn’t generate any products that could potentially harm anyone. However, if you frequently have clients to your home office for consultations, you might be liable for the total cost of their injuries if they slip and fall while in your home. Although you can purchase a full commercial insurance policy, you might be able to avoid that cost by asking your homeowner insurance carrier if there is a home-business rider you can add to your policy.
Network Marketing Events: Companies like Tupperware and Mary Kay depend on sales consultants to host events at other people’s homes. Here there are two risks: 1) What happens if one of the guests gets injured? Generally, that dispute will be between the host (homeowner) and the guest. 2) What happens if the network marketing representative damages the house? That might be a possible problem. If the sales consultant accidentally burns the house down during a candle demonstration, he or she could be held liable for damages. However, the parent company could be named as a co-defendant in such a case. This is a vague area of liability, so if you are a network marketing consultant with significant assets, consult with an attorney about your possible exposure.
Small Shop Owner: If you run a small shop, the landlord for the property might require that you carry insurance. If not, then you should probably buy an insurance policy anyway. Having strangers come in and out of your shop exposes you to a major liability. One slip and fall, and you could be looking at an expensive lawsuit that could strip you of your personal assets. If you are being sued and you don’t have insurance, a good personal injury attorney can help minimize your losses.Read More
If you’ve been assaulted while on public transportation or while at a station platform, you need to contact a lawyer immediately. Although you might not have the name of the person who assaulted you, you can use a personal injury attorney to force the public transportation system to repay you for your losses.
When passengers step onto a train platform or major bus hub, they are putting themselves into the care of the mass transit system. These passengers can assume a reasonable level of security to help deter and prevent assault. Some of those deterrents include sufficient lighting, working closed circuit monitors, and security personnel. If any standard security safeguards are found to be lacking, the transit system can be held liable for endangering the passengers.
Even if you don’t notice that there are any lacking security measures, you need to contact a lawyer to help you investigate any history of problems at the location. For example, if one particular bus station has a history of violent attacks, the public transportation system has a responsibility to inform passengers and upgrade its security measures at that location.
Of course, these same rules apply if you are riding public transit and you are assaulted. The vehicle conductor has the responsibility to request on-site security personnel at any point during the ride; by ignoring the signs of an antagonistic passenger, the transit authority is putting everyone at risk.
Assault in public is random, but frequently avoidable with some simple security measures. Don’t sit in silence and assume nothing can be done to help cover the expenses of your medical bills, lost wages, and mental anguish. Contact a lawyer immediately.Read More
There are several way in which an insurance policy can impact your personal finances. Liability coverage, uninsured driver, and medical coverage are all important, but medical coverage will have the LEAST impact on any personal injury claims.
Liability coverage and uninsured driver generally have high limits — up to $500,000. Medical coverage usually has a limit of only $5,000. If you were involved in a car accident, your lawyer will review all of these amounts on your insurance policy and the other driver’s policy.
Although medical coverage sounds critical, medical bills can be covered with other parts of the insurance policy. Medical coverage is unique in that it’s a “no blame” coverage. Generally medical coverage will be utilized for injuries caused by minor accidents — bruised ribs or a minor head bump. Anything more complicated will cost more and will require the intervention of a claims agent to assign blame.
Keep in mind, using your medical coverage will still be considered a claim and you might see your next insurance bill increase dramatically. If you’ve been involved in any accident, large or small, that required medical care, contact a lawyer to review the case.Read More
If you’ve been injured in a car accident while riding as a passenger, you might be facing an uphill battle against several insurance companies to get coverage for your medical bills and lost wages. Being an injured passenger is particularly complicated, so take the time to find a personal injury attorney who can guide you through the legal process.
First, you have to find out who was at fault. However, this might take time. So you will need to determine if either driver had “med pay” in their insurance coverages. Med pay will help cover the cost of some medical bills without any determination of fault.
Next, you have to determine if the person driving your car had any uninsured or under-insured coverage. Uninsured or under-insured coverage will help cover the cost of your injuries if the other driver was at fault but didn’t carry enough insurance to cover your losses.
If you and the driver of your car have the same insurance policy, you will run into additional restrictions because you can’t lay claim on some line items of the insurance policy if you are one of the listed insured.
In short, being an injured passenger is frequently confusing and frustrating. In addition, the insurance companies might not fully understand all of the insurance at play. You will need to consult with an attorney to make sure your losses aren’t coming out of your pocket.Read More
If you’ve sustained personal injury because of a car accident, the insurance companies are the first to decide on a settlement amount. In California, you can either take the settlement offered to you through insurance, or you can file a lawsuit against the other driver. When you sue the other driver, his or her insurance company has a contractual obligation to pay for the defense costs. That court case either goes to trial or is settled out of court.
So, in general, you aren’t likely to get directly involved in arbitration about the case. The insurance companies, however, can use an arbitrator to determine a fair settlement offer. For example, if your insurance company thinks you deserve $50,000 and the other driver’s insurance company believes that you only deserve $25,000, the two insurance companies might use arbitration to come to agreeable terms without an additional lawsuit. And as the victim of the accident, you might be called upon to testify in front of that arbiter.
If you’ve been involved in an accident, you should immediately call a lawyer. Assuming that the insurance companies will make the best decision for your losses as the victim may not be in your best interest. Insurance companies are failable. Plus they are looking at their own bottom line and an expensive lawsuit may cost them money.Read More