Sunday, September 19, 2010

Do You Need An Auto Accident Lawyer?

If you have been hurt in an auto accident, you should consider getting an auto accident lawyer. A professional lawyer can win the case for you. With their expertise of auto accident law, they do the necessary research and talk to the insurance companies so that you get the money you deserve.

Most accidents happen because of the negligence of the driver involved. The person who is injured can make a claim against the insurance company and collect money for the injuries. Often insurance companies want to offer settlement before the injured person has fully recovered. This is because occasionally what seems to be a minor injury can turn out to be a serious one and may require some extended treatment. In such cases, the guidance of the attorney comes handy.

When you talk about settlement, it is final. Which means you can't ask for some money now and leave the option of coming back for more money in case of further complications. So you might not obtain full compensation for your injuries if you settle for a claim before you have fully recovered.

Although everybody assumes that lawyer's fees are hefty to pay, chances are they can be realistic. Most accident lawyers will handle the case on a contingency fee basis that means they receive the percentage of your settlement money as their remuneration. So they get their fees only if they can get you your insurance and compensation money.

To find the best attorney, the first thing you should do is ask your friends and family about attorneys whom they have used in the past. References are always the best because you know people who have used their services. You can talk to a few lawyers and have them give their suggestions on your case. Choose the one you feel comfortable with.

Steps Taken By An Auto Accident Attorney:


When the attorney meets you after an accident, he discusses the claim with you. He then gathers the related evidence and researches on the facts given by you.

The attorney explains the entire legal process in relation to your claim. If you have any questions feel free to clear your doubts.

The auto accident attorney negotiates with the insurance company to get you a settlement you deserve.

So if you have been injured and feel that you deserve justice, immediately consult an auto accident lawyer. You definitely deserve to seek compensation. It is always a good feeling to know that someone is by your side, helping you fight for justice.

Saturday, September 18, 2010

Special Issues Arising in Car Accident Cases

Car accident cases have many kinds of special issues that arise during litigations. These make litigations for auto accident claims more difficult and complicated.

In these issues, potential third parties spring out to become liable for the injuries incurred by the victims. As such, the litigation process must take steps to consider or hear out these special matters in order to litigate a case, thoroughly.

Here are several subjects occurring from the accident, which usually turns up as the litigation proceedings unfolds:

- Accidents involving hit-and-run - these cases have the driver as the main cause of injuries due to his failure in stopping at the scene of the accident. The hit-and-run victim may encounter some difficulty in identifying or pinpointing the liable driver and therefore brings on a lawsuit.

- Accidents involving Car-Pedestrian - these kinds of cases evolves once an automobile collides or hits a pedestrian. Often, the pedestrian victim suffers catastrophic injuries. However, they find it difficult to make claims against the liable driver since the conduct or actions of the pedestrian is also being attributed.

- Accidents involving Car-Motorcycle - Collisions between cars and motorcycles usually leave the motorcycle operator with severe injuries. This is the case although the crash may be considered relatively minor if it had been two cars colliding.

Some suggestions imply that motorcycle operators suffer from predisposition by the jury panel. They were usually blamed for causing the collision. This, even if the accident has clear indications and evidences that it was the negligence of the car driver that caused it.

- Accidents involving Car-Bicycle - like the car-motorcycle collisions, the bicyclist is usually left with serious injuries after being hit by a car. Some accidents also happen when car drivers accidentally open their car doors in front of a speeding bicyclist. The car driver's arguments usually state of not seeing the bicyclist before opening his door or having misjudged the bicycle's speed.

On the other hand, it is also a fact that some bicyclists engage in dangerous activities while on the road. Noted violations are ignoring of traffic signals and riding on the wrong side. These actions make accidents a possibility.

- Accidents involving buses - The sheer mass and size of typical buses make accidents quite serious matters and attract great attention. Furthermore, bus passengers are most often unrestrained, causing more victims to suffer injuries.

Other accidents, which arouse special issues in motor vehicle - involved car accidents, are the following:

o tractor-trailer and semi-truck accidents

o vehicle modifications involving after-market parts

o road debris accidents

Friday, September 17, 2010

Pennsylvania Divorce Records

Upon entering a relationship with someone or the beginning stages of bringing that relationship to the next level, finding the marital status and history of your partner should be of utmost interest to you. They may have told you already, and maybe you believe them, maybe you don't.

The truth is that with the ease of finding out for yourself one way or the other, there's no reason not to look up Pennsylvania divorce records and make sure for yourself. As much as we want to give people the benefit of the doubt, there's simply no harm in looking, and it could save you from potentially bad scenarios down the line.

Pennsylvania divorce records are now easily accessible online, from the comfort and anonymity of your living room, or whichever room in your home houses your computer. These records will give you definitive results about the marital status of the person in question.

Your county registry contains close to 200 million public records files which includes Pennsylvania divorce records. This means that a quick search with as little as the person's name to go on will give you all the answers. If they've been married/divorced, the public record of it will be here.

Should a match be found though, you'll be presented with pages and pages of documentation relating to the divorce, including settlements, names, addresses, lawyers and many more. Most importantly you'll see the reasons listed for the cause of the divorce. You may not care whether they were married or not, but the reasons of why it ended are absolutely vital information.

You can search other PA divorce records and other public records, from which you can find records relating to military history, criminal records, adoption records and many more. You can feel like a private investigator and get the real skinny on someone with just a few clicks of a mouse.

Thursday, September 16, 2010

Enhanced Title Insurance - Who Needs It?

Why have title insurance in the first place? Because it protects one of the most important investments you will ever make...your home or investment in real estate! And because your lender will require it.

When preparing for your real estate closing, the closing agent will conduct a "title search", which means that they search the courthouse records for the chain of title on the property you are purchasing. Some of the things they look for include:


Any outstanding liens or judgments on the property

Any unpaid taxes, special assessments or homeowners association charges

Zoning violations

Fraud

Easements

Mistakes in any recorded documents

Forged or improper information on deeds, releases or wills

Any undisclosed heirs

Because your lender is providing the money for your purchase, they want to be sure that the property is free of encumbrances.

There are two main types of Title Insurance:



Lender's (or Loan) Policy - This policy is issued in the amount of the loan and protects the lender's interest in the property in case of any problem or defect with the title. This coverage is typically paid for by the seller of the property as part of giving the new buyer a clear title. One exception to this will be in the purchase of new construction. Most builders don't like to pay title insurance, so when you are considering the purchase of a brand new home, be prepared for this extra expense. This policy does not protect the buyer.


Owner's Policy - This policy provides protection for and is usually paid for by the homebuyer. I always ask for a "simultaneous issue" because the title company will provide this coverage for a very small one-time fee if it is purchased at the time of closing. The normal cost will be in the $35-$50 range. This policy will protect the buyer for as long as they (or their heirs) own the property...and will pay any legal fees involved in defending the claim.

What is an "Enhanced Policy"? And why do I ask for one in the purchase contract?

Because as your Exclusive Buyer's Agent, I want to provide all the protection I can to my homebuyer clients! Here are some of the additional benefits of having an enhanced policy:



Value added protection - The policy amount automatically increases (over 5 years) up to 150% of the original policy.


Post policy coverage - In the event of any liens being placed on the property after the policy is issued due to unpaid labor and materials not authorized by the homeowner, adverse possession or forgery.


Additional insured - Provides coverage for anyone who inherits title from the insured, including a spouse who might be awarded title in a divorce or the beneficiaries of the trust after death of the insured.


Zoning Law violations - Coverage in the event that the land was not properly zoned.


Encroachments - Coverage in case the homeowner is forced to remove existing structures which were located on the property at the time of policy issue...but encroach onto a neighbor's property. Also provides protection in the event a neighbor builds a structure (other than a fence) on the homeowner's property after the policy is issued.


Easements - Provides coverage if the homeowner is required to remove existing structures because they encroach into an easement or setback line. Also provides for any damage caused by use or maintenance of an easement.


Water and Mineral Rights damage - Coverage for damage to existing improvements and landscaping due to exercise of existing mineral rights.

There are more benefits (and also some restrictions) on the enhanced policies, but certainly worth the effort. The cost is minimal compared to the potential cost of any claims that could arise. Be sure to consider this type of coverage when you purchase your next home.

Wednesday, September 15, 2010

How to Deal With Social Security Overpayment

One of the worst nightmares that you may encounter when you're receiving social security is an overpayment notice. Now you might be thinking how anyone can incur his / her overpayment from social security. In most situations, it works like this. A man, while receiving disability checks, would work part time to supplement his income. He reported it to the Social Security Administration (SSA) that he's working part time so that any adjustments on the amount he's receiving for disability benefits would be adjusted (or stop disability checks from coming altogether). For some reason, the disability checks keeps coming, although there's no confirmation from the local social security office that they're going to stop giving disability benefits. After a while you will receive a notice from the mail informing him that you owed X thousands of dollars to SSA.

Given the circumstance, the recipient was diligent enough to inform SSA that he's receiving income from other sources, so SSA should have stopped sending him checks from that point. So clearly it's not his fault that SSA is still giving him benefits. So what should one do when he receives an overpayment claim?

Usually if the SSA determines that an overpayment has been made, they will demand restitution, even in cases where the error is their own. However, you can file a "request for waiver of overpayment" (Form SSA-632-bk). The form can be used to explain why the overpayment is not the recipient's fault and why paying it back would either be unfair or would place undue hardship to the claimant.

You can get the request for waiver form from your local social security office, then complete it and return to SSA. You should receive a reply from the SSA regarding your request (usually via mail). However if the waiver request is denied, the waiver situation can be granted consideration through the appeals process. You may have to bring the appeal before an administrative law judge - the same judge who decides on social security and SSI disability claims.

If, after the appeal process the administrative law judge deemed the overpayment notice justified, you can make a payment arrangement. SSA usually accepts repayment arrangements that involve fairly small monthly payments (repayments are usually are done in about ten or twenty dollars per month).

Of course, appealing for waiver for overpayment is usually inconvenient and also time-consuming and can be very frustrating if you end up having to repay. The best way for you to win the case of your overpayment is to get a social security disability lawyer who will arrange everything in terms of appealing before the ALJ and proving you not liable for SSI overpayment.

Tuesday, September 14, 2010

Misuse of Anesthesia

When undergoing surgery, there are a number of factors which could go wrong and complicate the procedure. A doctor must consider all aspects of the surgery beforehand. One such consideration is determining the appropriate method of anesthesia for a patient. Misuse of anesthesia is a common problem in surgeries, which can cause serious injury and even death to patients.

Ways It Can Go Wrong

When distributing anesthesia to a patient, there are a number of ways in which a doctor or nurse can mess up. Some common errors include:

o Incorrect dosage. If a vile is incorrectly labeled, or a nurse misunderstands the doctor, an incorrect amount of anesthesia can be administered to patients prior to an operation.
o Delayed delivery. This can be caused by misplaced IVs, complications swapping syringes, or vaporizer leaks.
o Prolonged sedation. When a patient is placed under anesthesia for too long, it can affect their brain activity. Prolonged sedation can cause coma, brain damage, and death.
o Inadequate monitoring. Monitoring a patient during and after a surgery can be vital to ensuring their safety. If something goes wrong and no one is there to assist them, an easily solved problem can quickly worsen and compromise the patient's life.
o Intubation complications. Often, intubation is done during an operation in order to help the patient breathe; however, if not properly installed, it can cause serious complications.
o Adverse reactions. If proper testing is not completed prior to surgery, a patient can suffer from an allergic reaction, heart complications, and other difficulties.
o Communication errors. The chain of communication from doctor to nurses is not always the most reliable. Misunderstood or forgotten information can cause patients undue suffering during an operation.
o Impaired or incompetent practitioners. If a medical professional is working while under the influence of mind altering drugs, they are much more likely to make mistakes, which can cause serious injury or even death.
The Effects of Anesthesia Misuse

The repercussions of incorrectly administering anesthetic are numerous, and include:

o Awareness during surgery, potentially causing post-traumatic stress, emotional distress, and physical pain
o Brain damage
o Coma
o Cardiovascular injury
o Damage to tracheal, or surrounding areas due to intubation
o Death

Unfortunately, complications with anesthesia occur quite frequently. According to statistics from the National Practitioner Data Bank:

o From 1990-2002, 5,691 medical malpractice payments were made due to anesthesia related accidents
o The mean amount for medical malpractice payments made between 1990 and 2002 due to anesthesia related accidents was $245,935.

For more information about anesthesia misuse and medical malpractice suits, contact the Pennsylvania medical malpractice lawyer at the law firm of Lowenthal & Abrams.

Monday, September 13, 2010

Truck Accident Lawyers - Semi Tractor Trailer Accident Attorneys

Every 16 minutes, a person is killed or sustains injuries in accidents involving 18-wheelers, tractor-trailers or semi-trucks

In 2001, 429,000 large trucks were involved in traffic crashes (both fatal and minor) in the United States:
- 4,793 were involved in fatal crashes
- 5,082 people died
- 131,000 were injured
- In 2001, there were 6,536 total crashes involving tractor-trailer trucks in Pennsylvania;154 were fatal.

In 2003, there were 58,512 total vehicle accidents involved in fatal crashes in the U.S.

- 4,669 were large trucks involved in fatal truck accidents
- Large trucks are more likely to be involved in a fatal multi-vehicle crash than are passenger vehicles.

In 2003, Texas witnessed 5040 fatal traffic accidents, of which 438 were fatal truck accidents. This number has risen from 5039 total traffic accidents and 401 fatal truck accidents for the previous year 2002. Similarly, in Pennsylvania, there were 2233 fatal traffic accidents in 2003, of which 213 were fatal truck accidents, as opposed to corresponding numbers of 2198 and 174 for the year 2002. Florida had 4432 fatal traffic accidents in 2003, with 343 of them involving trucks, which was higher than 4431 total traffic accidents for 2002 but lower than the 351 fatal truck accidents in the same period. The highest number of fatal traffic accidents happened in California, with the number being a staggering 5725 fatal auto accidents in 2003. But at 332, the number of fatal truck accidents was not the highest among all states in the US.

Trucking revenues totaled $610 billion last year and revenues are forecasted to nearly double by 2015. The majority of fatal truck accidents occur in rural areas (68 percent) during the daytime (66 percent) and on weekdays (78 percent). In 2002, the majority of large truck crashes occurred in good weather (71 percent), on dry roads (71 percent), during the daytime (75 percent), and on weekdays (88 percent).

About 27 percent of all large truck drivers involved in fatal truck accidents throughout the United States had at least one prior speeding conviction compared to 19 percent of the passenger vehicle drivers involved in fatal crashes. From 1992 to 2002, the number of large trucks involved in fatal crashes has increased by up to 10% due to driver fatigue, unsafe vehicle operation, large, unstable loads or defective equipment.

Defects contribute to the number of large truck accidents each year. Some of these defects include:

- Tires or wheels: 80 crashes
- Brake-related: 76 crashes
- Engine/Transmission: 52 crashes
- Steering Wheel: 13 crashes

About 700 heavy truck drivers and passengers in truck cabs die each year. In addition, almost 3,700 persons in cars and other passenger vehicles die annually in collisions with heavy trucks.
The Insurance Institute for Highway Safety reports that in crashes involving large trucks and other vehicles, 98% of the fatalities occur to the people in passenger vehicles.

The National Highway Traffic Safety Administration (NHTSA) has warned groups using 15-seat passenger vans about the dangers of fully loading the vans and then putting an inexperienced driver behind the wheel. The NHTSA also stated that 15-passenger vans are large trucks and should only be driven by people with experience driving large trucks.

The FMCSA's Motor Carrier Management Information System (MCMIS) classifies a truck as large if its gross vehicle weight rating (GVWR) exceeds 10,000 pounds.

The majority of fatal crashes involving tractor-trailer trucks include trucks that are pulling one trailer. A recent survey showed that 64% of fatal truck crashes had one trailer. Thirty-two percent of those involved single-unit trucks (no trailer) and fewer than 4% of the those involved multi-trailer vehicles (more than one trailer).