Common Personal Injury Accidents

Personal injury accidents can happen anywhere and at any time. However, some types of accidents are more common than others. It is important to understand the most common types of personal injury accidents to that you can try to avoid them and so that you can seek the assistance of a personal injury lawyer if you have the misfortune of being involved in such an accident.

Most personal injury accidents happen when someone acts negligently. In order to prove negligence, the injured party must be able to establish that the defendant:

·         Owed the plaintiff a duty of care: The definition of a “duty of care” varies among the states. Some states look only to whether a personal injury was a foreseeable consequence of the defendant’s actions while other states look to the foreseeability, the possible magnitude of the harm, the cost of avoiding the harm and other factors.

·         Breached the duty of care: A defendant breaches his or her duty of care if the defendant failed to act like a reasonable person would have acted given the situation. The reasonable person standard is often one that is contested and argued about in personal injury litigation.

·         Caused the plaintiff’s injuries: which would not have happened but for the defendant’s breach of the duty of care. In other words, the plaintiff’s injuries must have occurred because of the defendant’s actions and not because of some underlying medical cause or action that the plaintiff took.

·         Is liable for damages to the plaintiff: If the above elements of negligence are satisfied and the plaintiff is either the injured party or someone with standing to sue then the plaintiff is entitled to damages.

Negligence is often established in the following types of common personal injury accident cases:

· Car Accidents: including rear end accidents and intersection accidents;

· Motorcycle Accidents;

· Truck Accidents;

· Boat Accidents;

· Bus Accidents;

· Pedestrian Accidents;

· Bicycle Accidents;

· Medical Accidents: including birth injuries, surgical errors, the failure to diagnose, emergency room malpractice and other forms of medical malpractice;

· Slip and Fall Accidents: including slipping and falling on uneven ground, wet floors or slippery spots;

· Workplace Accidents: including workplace illnesses such as Mesothelioma and injuries caused by machines or other equipment;

· Defective Product Accidents: including foodborne illnesses, children’s toys, defective drugs and defective medical devices; and

· Animal Bite Accidents: by any animal not under your personal care or control.

Personal injury attorneys are familiar with the common types of personal injury accidents and can help you determine if you have a valid claim against the party or parties responsible for your injuries. Each state has a specific statute of limitations within which you must file a lawsuit to recover compensation for injuries sustained in a personal injury accident or forego your claim. Therefore, if you have sustained injuries or a loved one has been killed in any of the above listed common personal injury accidents or another type of personal injury accident then you should contact a personal injury lawyer in your state as soon as possible.

I take a personal approach, listening carefully to the details of your case so that I can tailor your representation to get the results you seek.

For a Free Consultation call 727-475-6854.

I hope you found this information helpful.

Until then, Be Careful Out There!

All My Best-

Bill Schneikart

Personal Injury Lawyer

Distracted Driving Awareness Month

In honor of Distracted Driving Awareness Monthl, the American Society of Safety Engineers (ASSE) Transportation Practice Specialty (TPS) group is spreading the word that every driver must steer clear of the dangers of distracted driving.

Statistics show that 6,000 people are killed by distracted drivers every year, and another 500,000 are injured. Young drivers are more likely to be killed in distraction-related crashes, according to the U.S. Department of Transportation (DOT). Distracted driving is dangerous and is consequences can be dire. As ASSE President Terrie S. Norris, CSP, ARM, puts it, "life can change in a second."

Look at this-  To illustrate this point, ASSE TPS members Earnest F. Harper, CSP, and Timothy C. Healey explained that at 40 mph, a car is traveling 58.7 feet per second (fps). If the driver takes their eyes off the road for 2.9 seconds to glance at a phone, they will have traveled 170 feet. And at 60 mph, the car is moving 88 fps, meaning that a 2.9-second glance away equals a distance of over 255 feet.

"In either case, at these common speeds, each is more than enough time to end up being several feet under that slow-moving tractor-trailer rig ahead of you that you didn't see," Healey said. "And in a 40 mph crash, a 100-pound person or child who isn't wearing a seat belt will hit the dash board with a force of 2.6 tons, and a 3,000 pound car crashing at 40 mph will experience a crash force of 80.28 tons, reducing any chance of surviving."

ASSE is urging motorists to put their phone down, or simply turn it off when they're in the car, avoid eating while driving and program the GPS before you leave. Minimizing distractions allows drivers to maximize their attention on the road.

To avoid distracted driving, the TPS group suggests:

· Program your device so you do not answer and notify the caller that you will be driving and are not available to respond at the moment. In an emergency, family should know to call 911 or other family members.

· In case someone urgently needs to reach you, devise a procedure such as three rings, hang up, wait 2 minutes, call again and repeat to allow time to pull over safely.

· Know your route in advance and, if using a navigation system, pre-program it.

· Prepare the vehicle cab and yourself for driving, including your management of any distractions, be they inside or outside of your vehicle.

· Maintain safe spacing on the road or move to a less obstructed lane.

Currently, 35 states, the District of Columbia, and Guam ban text messaging for all drivers and many states now ban cell phone use by drivers. The list of states banning in-vehicle cell-phone use is at  http://www.distraction.gov/content/get-the-facts/state-laws.html.

Unfortunately  FLORIDA is not one of them...but it's only a matter of time before this legislation comes forward.

But I think it’s time everyone start talking and thinking about potential solutions.

I invite you to let me know what you think and leave a comment below in the comment box.

I take a personal approach, listening carefully to the details of your case so that I can tailor your representation to get the results you seek.

For a Free Consultation call 727-475-6854.

I hope you found this information helpful. About every 2-3 weeks
or so I’ll provide additional meaningful articles regarding
personal injury issues and related legalities.

Until then, Be Careful Out There!

All My Best-

Bill Schneikart

Personal Injury Lawyer

Social Security: The most successful social program in our history.

Can it continue to do what it has done so well?

I was so very interested in an article I recently read by Amanda Berthoff in the Perspectives Magazine that is published  by the University of Missouri at Kansas City, that I decided to use much of its content as the basis of my next blog post.

We often hear younger workers voice concerns that they’ll have to bear the burden of paying for the aging population themselves. This is an issue, but prior to the creation of Social Security, a large number of retired workers lived in poverty, especially women because they tend to live longer than men.

                Government estimates suggest that when Social Security began in 1935, close to 50 percent of the elderly population lived in poverty. By 1959, the rate had fallen to 35% but remained higher than that of other groups, including children and working-age adults. During the 1960’s and early 1970’s, Social Security benefits increased and poverty rates among the elderly declined rapidly. By 1974, the poverty rate for elderly Americans had fallen below that for children, where it has remained since. In 1993, it fell below the rate of working-age adults and today just 11% of the elderly have incomes below the federal ($10,890 for 1 person family; $14,710 for 2 person family) poverty line .

                Studies show that without income from Social Security, the poverty rate for the elderly would be much higher. The Social Security Administration estimates that 47% of individuals age 65 and older would live in poverty without Social Security benefits, four times as many as in poverty today. Social Security’s poverty-reducing record- along with its inclusiveness- has made it one of the most popular social programs in history. “The value of that is something we don’t want to lose sight of,” says Mary Daly, a social security expert. “We don’t want to move away from it completely. At some point younger workers will be older and will want that kind of insurance.”

                Another reason younger generations should care about older generations is because someday, they will be in the same boat. “If you don’t die, you’ll get old,”  says Gloria Thomas Anderson, M.S.W. ’06, clinical instructor at UMKC’s department of social Work. “If you live long enough, you’ll reach that point in your life, and you don’t know what it’s like until you actually get there.”

Finding a Middle Ground

To better understand what a cross-generational compromise might entail, it helps to consider age expectancy.  Americans now work more productively and longer into their lives that ever. “Raising the retirement age- if you were expecting to retire at 65 and now you’re retiring at 67 might not really be that bad,” Daly says. “You have more time after retirement that people did when social security was created.”  Social Security used to guarantee 6 to 7 years of post-retirement living because life expectancies were lower. Now it’s more like 15 to 20 years.

Because of longer age expectancy, the value of the benefits for older workers has increased and with it- the burden on younger workers. “We’re supporting employees for longer periods of life when they’re not working,” Daly says. That’s where compromise comes from. Boomers are going to have to see that they can’t have all that. And younger workers are going to have to agree to pay for some of it.

Here are some Interesting statistics regarding the four generations:

As a % of the entire population in 2010-

Generation Y  (1980 -2000)- 28%       

Generation X (1965- 79- 20%      

Baby Boomers (1946 - m1964- 26%      

Silent Generation (1925- 1945)- 13%                                     

As a % of the workforce in 2010-

Generation Y- 25%        Generation X- 32%       Baby Boomers- 39%       Silent Generation- 5%                (1980-2000)                                   (1965 – 1979)                            (1946 – 1964)                   (1925 – 1945)

Note- The average monthly Social Security benefit in 2011 was:  $1,181 or a total  of $14,172/Yr.

So, now what do we do?  Daly says, “Some painful compromises will have to be made by both the younger generations and the older generations.”  Possibilities include a younger generation that sees more income going to support an older generation and/or a retiree generation that sees lower benefits than expected.

As a personal injury attorney I see family incomes heavily impacted by the loss of wages as a result of an injury and that will just complicate these social issues going forward.

But I think it’s time people start talking and thinking about potential solutions.

I invite you to let me know what you think and leave a comment below in the comment box.

I take a personal approach, listening carefully to the details of your case so that I can tailor your representation to get the results you seek.

For a Free Consultation call 727-475-6854.

I hope you found this information helpful. About every 2-3 weeks
or so I’ll provide additional meaningful articles regarding
personal injury issues and related legalities.

Until then, Be Careful Out There!

All My Best-

Bill Schneikart

Personal Injury Lawyer

The Benefits of Litigation Funding

                                

The law provides a potential remedy for plaintiffs who are hurt due to the negligence or recklessness of others. Specifically, state and federal laws allow plaintiffs to sue defendants to recover the damages that they incur as a result of the defendant’s legal negligence. While the effects of the personal injury can never be fully negated, damages are intended to put the plaintiff in the position he was prior to the accident, to the greatest extent possible. So, for example, damages may include compensation for medical bills, lost wages and pain and suffering.

However, many times plaintiffs must engage in costly litigation in order to recover those damages. A plaintiff who has costly medical bills and lost wages may not be in a position to cover the costs of litigation even if the potential damages are important to the plaintiff’s future and the litigation costs are recoverable from the defendant. Accordingly, litigation funding is important to both plaintiffs and to the justice system. 

Litigation Funding May Allow for a Fair Conclusion to a Legal Dispute

The financial pressure associated with recovery from a personal injury is often an important factor in determining whether a plaintiff accepts a settlement offer from an insurance company or defendant. Often, insurance companies and defense attorneys are aware of the plaintiff’s mounting bills and obligations and offer settlements that are significantly lower than what a plaintiff is likely to recover at trial. They reason that plaintiffs need the money quickly to pay their lawyers, their doctors and in some cases to keep their health insurance or their homes and that plaintiffs will therefore take the early settlement even if it is for less money than they are entitled to recover.

Litigation funding companies can remove much of the immediate financial pressure for plaintiffs. The money that is obtained from litigation funding companies can be used to fund the litigation itself or to pay any of the plaintiff’s bills. Without the immediate financial pressures, many plaintiffs may be willing to wait for a better settlement offer or be willing to take the case to trial.

Litigation Funding May Provide the Plaintiff with Cash Quickly

Many litigation funding companies quickly provide cash to plaintiffs who are approved for their programs. The funds may be used for any purpose. Often, they are used to pay medical bills, rehabilitation services, household help and everyday expenses while the plaintiff is recovering from injuries. For many plaintiffs, litigation funding companies can provide funds months and even years earlier than the judicial system can award damages. That can significantly help a person’s recovery by reducing the stress associated with the mounting bills and expenses.

Litigation is lengthy, stressful and, costly. Litigation funding companies can help plaintiffs in their quest for justice by removing some of the financial barriers that often prevent them from pursuing their case until a fair settlement is offered or a jury renders its verdict.

I take a personal approach, listening carefully to the details of your case so that I can tailor your representation to get the results you seek.

For a Free Consultation call 727-475-6854.

I hope you found this information helpful. About every 2-3 weeks
or so I’ll provide additional meaningful articles regarding
personal injury issues and related legalities.

Until then, Be Careful Out There!

All My Best-

Bill Schneikart

Personal Injury Lawyer

Litigation Funding

What is Litigation Funding?

Sometimes you have no choice but to sue another party in court for personal injuries that you sustained in an accident. The reasons for the lawsuit may be just and the potential outcome of the lawsuit may be important. However, no matter how just or important a case is the potential plaintiff must weigh the potential benefits of litigation against the actual costs of litigation.

The Costs of Litigation

There is no arguing that litigation is expensive. In addition to attorney’s fees, plaintiffs usually have to pay court costs and may also need to pay for things such as expert witnesses and discovery. Some plaintiffs feel that they cannot handle these litigation costs and they either choose not to file a lawsuit or they accept a quick and often low settlement offer in order to avoid incurring further expenses. They should be aware, however, of different litigation funding options which may help them effectively handle the costs of litigation.

Litigation Funding Options

Few plaintiffs have the resources to pay all of the costs described above out of pocket. Instead, many personal injury plaintiffs use one or more of the litigation funding options that are available. Depending on his or her financial situation and the circumstances of his or her case, a plaintiff may find one of the following litigation funding options beneficial:

·      Contingent Fee: Many personal injury attorneys are hired by plaintiffs on a contingent fee basis. That means that the attorney does not collect a fee unless the plaintiff recovers damages either through a settlement or a court proceeding. If the plaintiff does not recover any damages then the attorney is not paid. However, plaintiffs should be aware that attorneys who are paid pursuant to a contingent fee arrangement may take a relatively high percentage of the damages in return for the risk that they take of not being paid at all. Also, the plaintiff is still responsible for all court costs, expert witness fees and other litigation costs. Often, these costs must be paid periodically throughout the course of the ligation.

·       Loan from a Relative or Friend: Many plaintiffs find it necessary to borrow money from friends or relatives in order to pay their attorney fees and / or their litigation expenses. The terms of every loan are different. Some plaintiffs might find these the least complicated and least expensive way of borrowing money to fund their lawsuit. However, other plaintiffs may find it uncomfortable to borrow money from a friend or relative.

·         Litigation Funding Company: Litigation funding companies provide qualifying personal injury plaintiffs with funds in advance of the lawsuit’s resolution. If the litigation funding company finds it likely that the plaintiff will recover damages then the company may provide money to the plaintiff. Then when damages are awarded the litigation funding company is repaid the money that was borrowed along with any previously agreed upon fees and interest.

·       Personal Loan: It is often difficult for personal injury plaintiffs to obtain personal loans through banks in order to finance their lawsuits. Banks typically view these loans as too risky since it is difficult to predict how a jury will view the facts of the case and what kind of award the jury might make in a case.

If you are a personal injury plaintiff then it is important to consider all of your funding options prior to deciding how best to proceed with your lawsuit.

I take a personal approach, listening carefully to the details of your case so that I can tailor your representation to get the results you seek.

For a Free Consultation call 727-475-6854.

I hope you found this information helpful. About every 2-3 weeks

or so I’ll provide additional meaningful articles regarding

personal injury issues and related legalities.

Until then, Be Careful Out There!

All My Best-

Bill Schneikart

Personal Injury Lawyer

Possible Damages in Personal Injury Lawsuit

Accidents can result in significant personal injuries that create many expenses for the victim and can cause extreme financial hardships for the victim and the victim’s family. It seems unfair that a victim should have to suffer the physical and financial consequences of an accident for which the victim was not at fault. Therefore, the law allows personal injury victims to bring lawsuits against the person(s) responsible for their injuries. All United States jurisdictions allow plaintiffs who bring successful cases in state court to recover damages. While each jurisdiction may differ on the dollar amount of damages provided in individual cases, there are some common types of damages that are allowed in most jurisdictions.

Personal injury damages are intended to put a personal injury victim back in the position that he or she would have been had the accident not occurred. While a lawsuit cannot erase the physical pain and emotional suffering of an injured victim, or his survivors, a lawsuit can provide relief from the financial suffering that the victim and his family incur as a result of the accident. Specifically, damages may include:

· Compensation for Medical Expenses: this may include past, current and future medical expenses and rehabilitation costs that are related to your injuries. You may submit evidence of bills already received and doctor and therapist estimates of your future medical needs;

· Compensation for Actual Expenses Incurred as a Result of the Accident: your injuries may leave you unable to care for your minor children, unable to care for an elderly relative, unable to clean your home, unable to cook your meals or unable to run your own errands. It can be very expensive to hire people to take over these responsibilities for you and you may be entitled to compensation for these expenses if you are successful in a personal injury lawsuit. Similarly, if the personal injury victim dies as a result of the injuries sustained in an accident then his family may be entitled to compensation for his funeral costs;

· Compensation for Lost Income: If your injuries leave you unable to work, unable to work as many hours as you did prior to the accident, or unable to remain in the same job that you had before the accident then you may be entitled to lost income that you are now unable to earn because of your injuries. You may also be entitled to compensation for lost income if a family member whom you relied upon for income (such as your spouse or parent) died as a result of personal injuries from an accident;

· Compensation for Pain and Suffering: personal injury victims, or their survivors, may be entitled to compensation for pain and suffering that you incur as a result of your injuries. Your spouse may also be able to recover damages for loss of consortium as a result of your injuries.

· Punitive Damages: in extreme and extraordinary cases of negligence, some jurisdictions may allow the court to award the plaintiff punitive damages that are not meant to compensate the plaintiff but, are rather meant to punish the defendant.

Personal injury law seeks to put the plaintiff back in the financial position that he was prior to the accident. The law recognizes that there is no way to undo all of the harmful effects of an accident but monetary damages can be important to a victim’s financial, physical and emotional recovery.

I take a personal approach, listening carefully to the details of your case so that I can tailor your representation to get the results you seek.

For a Free Consultation call me at 727-475-6854.

I hope you found this information helpful. About every 2-3 weeks

or so I’ll provide additional meaningful articles regarding

personal injury issues and related legalities.

Until then, Be Careful Out There!

All My Best-

Bill Schneikart

Personal Injury Lawyer

Hiring the Right Personal Injury Attorney

Hiring the right personal injury attorney to represent you is critical and can literally make or break your case. When meeting with an attorney for the first time, there are a lot of questions that need to be asked to decipher if an attorney is a viable fit for your case, and for you personally.

The following are the top ten questions that should be discussed in your first meeting with a personal injury lawyer:

1. How many years have you practiced law, specifically personal injury?

Your prospective personal injury attorney should not be a novice, but a trained, seasoned professional. Younger attorneys, although they may be used to perform some of the work on your case, should not be given full case-management authority until they have a little more experience under their belt.

2. Have you taken cases like mine to trial or settlement, and if so, how many?

An experienced personal injury attorney will have taken several cases like yours to trial and/or settlement. This answer is an indicator of the prospective attorney’s skill and success rate.

3. How much of your practice focuses on personal injury cases like mine?

A personal injury attorney should focus a majority of his or her time on the subject matter involved in your case. While an attorney who practices generally, like a family doctor practices generally, can be a very good attorney, it is important the attorney is competent to represent you in your particular matter.

4. Will you use other attorneys or paralegals on my case?

Other attorneys and paralegals are often used to perform important tasks, but should play a limited role. It is important that you ask to meet them and use your own personal judgment to evaluate them. Even though the subject matter and law governing your case might be unfamiliar to you, you should not discount your ability to size-up potential legal staff.

5. What is your policy regarding returning my phone calls?

The most frequent complaint of clients is phone calls not returned. Your attorney should have a 24-hour turnaround on client phone calls, taking into consideration unforeseeable circumstances. It’s a good idea to have this policy written into your retainer agreement with your attorney to ensure compliance.

6. Will you explain to me all of the court procedures, legal concepts, fee arrangements, billing practices, retainer agreements, and payments of costs?

These questions are often time-consuming, but very important. Your attorney should explain to you, in detail, all of the above matters thoroughly.

7. What is your method or strategy for handling cases like mine?

An experienced personal injury attorney should have a streamlined process for “working-up” cases like yours. The level of detail contained in the attorney’s process will demonstrate his or her organization skills and familiarity with the subject matter and law of your case.

8. What is the likelihood of a quick settlement or trial?

Beware of the attorney who promises a quick settlement or trial! However, your attorney should be able to provide a well-reasoned estimate of the time necessary to reach disposition of your case.

9. Do I even have a case? And if so, what do you think my chances are for receiving a settlement?

An experienced attorney should be able to inform you if your case is worth pursuing and/or if there exists a possibility of recovery. Sometimes people are hurt, injured, or suffer injustice and there is no legal remedy. A good attorney will provide you with his or her strategy for your case, explaining the steps they will take and the likelihood of your success at trial or settlement.

10. Do you have a policy of professional liability insurance?

Like doctors, all attorneys, personal injury or otherwise, should maintain a malpractice insurance policy in the event that mistakes occur on your case.

A final note: No attorney can guarantee a particular outcome. Also, if your case presents a new area of law or a type of wrongdoing that hasn't been settled by the courts in the past, then it may be difficult to find an attorney with unique specialization in the area. One of the most important things to look for in an attorney, besides competency to handle the matter, is whether or not you believe you can work effectively with the lawyer. The relationship, and your "gut" feeling, will probably be an important part of the hiring process.

I take a personal approach, listening carefully to the details of your case so that I can tailor your representation to get the results you seek.

For a Free Consultation call me at 727-475-6854.

I hope you found this information helpful. About every 2-3 weeks or so I’ll provide additional

meaningful articles regarding personal injury issues and related legalities.

Until then, Be Careful Out There!

All My Best-

Bill Schneikart

Personal Injury Lawyer