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Auto Accidents 101: What Is a Claim?
After being involved in a car accident in Baltimore , your health should be your priority. You can hire an injury lawyer to handle your case, which allows you to focus on your recovery. After reviewing your case, your injury lawyer will file a claim with the insurance carrier. This is not the same as a car accident lawsuit, although it may sometimes become necessary to file a lawsuit later. A claim is filed with the other driver’s auto insurance company. This begins the process of obtaining a settlement, which is money that compensates you for your medical bills, property damage, and other accident-related expenses.
Your injury lawyer will calculate your total monetary losses and may include this figure in the claim. The insurance carrier may then respond with a counteroffer. Your injury lawyer will continue to negotiate with the company until both parties agree to a settlement. If a fair settlement is not forthcoming or you do not agree with the amount the insurance company offers you, then you might consider filing a lawsuit.
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A Look at Independent Medical Exams in Workers’ Comp Cases
Workers’ compensation cases are not always cut-and-dry. In fact, your claim might even be initially denied. To improve your chances of successfully obtaining the workers’ comp you’re entitled to receive, you can speak with a workers’ compensation lawyer in Baltimore. Your workers’ compensation attorney will guide you through each stage of the process, including the independent medical exam.
Purpose
The word “independent” can be somewhat misleading, as an independent medical exam is not necessarily conducted by a neutral medical provider. Often, the exam is arranged by a worker’s employer or the workers’ comp insurance carrier. You may be required to have this exam if there are any lingering questions or disputes about your injuries. In some cases, attorneys request that their clients undergo a second independent medical exam to counter the results of the first one. During your exam, the doctor will seek to determine the following:
- Was your condition diagnosed correctly?
- Was your condition caused by the workplace?
- To which extent are you impaired?
- Do you need work restrictions?
- Can you return to work and if so, when?
- Do you require further testing or treatment?
Preparation
Before the exam, take a few minutes to review your medical history. It’s a good idea to bring detailed notes about the diagnostic tests and treatments you’ve had, the medications you took and are currently taking, and the symptoms and functional limitations you’re experiencing. This last type of information is particularly important; write down each of your symptoms and limitations, no matter how insignificant they may seem. Bring any medical devices you’re using to the appointment and give yourself plenty of time to get there.
Examination
When answering the provider’s questions, be polite, respectful, and honest. Avoid exaggerating your pain and other symptoms, but also avoid downplaying them. You can expect to discuss the workplace accident in detail. Workers’ compensation is a no-fault system, which means it doesn’t matter if you made a mistake that contributed to the accident. The most important information the medical provider will glean from this conversation is whether your injury was indeed work-related or not.
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Common Leg Injuries Caused by Auto Accidents
In the aftermath of a crash, it’s important to carefully document your injuries and provide this information to an injury lawyer in Baltimore. All types of car accident injuries can occur during both low-and high-speed crashes. Leg injuries are particularly common, since the legs can strike against the interior of the car or be struck by flying objects. Car accident injuries can include knee damage such as knee joint dislocation, bone fractures, and tendon ruptures. The anterior cruciate ligament (ACL) and posterior cruciate ligament (PCL) may both become hyperextended and torn. Knee injuries can require weeks of recovery time and sometimes reconstructive surgery is required.
Other types of car accident injuries can include fractures. When the leg strikes the steering wheel or instrument panel, the large bone in the thigh called the femur may fracture. If not treated surgically, femur fractures may sometimes lead to long-term mobility problems. Other injuries can involve the feet and ankles, which may become broken or sprained.
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What Is the Right Way to Wear a Seatbelt When Pregnant?
Any sort of car accident can result in physical injuries and emotional trauma. However, car accidents that occur while a driver or passenger is pregnant can be particularly traumatic. To protect yourself from car accident injuries while driving in Baltimore, always wear a seatbelt properly.
You can learn the right way to wear a seatbelt when you’re pregnant by watching this video. This healthcare professional explains that the lap belt should only be positioned across your lap and beneath your belly to prevent car accident injuries to the fetus. During the winter months, it may be necessary to remove your bulky winter coat to ensure the proper positioning of the seatbelt.
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Questions Your Attorney May Ask About Your Auto Accident
After surviving a car accident in the Baltimore area, it may take weeks or even months to pick up the pieces. Enlisting the services of an injury lawyer will bring a powerful advocate to your side. Your injury attorney will negotiate with the insurance company on your behalf and may file a personal injury lawsuit if need be. To begin the process, your attorney will need plenty of information from you about the accident.
Did you file a police report and take photographs?
It’s essential to file a police report after an accident. Making a “gentleman’s agreement” with the other driver is a sure way for you to get stuck with the bill, especially if the other driver does not carry insurance. You will need to obtain a copy of the police report and share this with your injury attorney. The police report is an invaluable piece of evidence that may demonstrate that the other driver was at fault for the crash. In addition to the police report, your injury attorney will need any other evidence you have. This will ideally include photographs of the crash site and the vehicles, copies of your medical records, and copies of your receipts for expenses related to the accident.
Did you seek medical care?
Many people jeopardize their claims by failing to seek medical care in a timely manner after a car crash. Even if you feel you are not seriously injured, it’s essential to get to a doctor right away. Your injury attorney will ask whether you sought care immediately, where you were treated, and whether you underwent any medical tests such as imaging studies. The results of medical tests can be powerful evidence for substantiating your injury claims.
Have you sustained a permanent disability?
It’s important to keep your attorney updated about the progress of your recovery. At some point, it may become clear that you have sustained a permanent disability. Share this information with your lawyer immediately because it will significantly affect the amount of compensation he or she will seek on your behalf. If you have sustained a permanent disability, you may be entitled to seek compensation for your loss of earning capacity and your future medical expenses.
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Can You Seek Compensation for Scars Caused in an Auto Accident?
Car accident injuries range considerably in severity and type, but many of them have the potential to cause long-lasting or permanent disfiguration. If your doctor expects you to have permanent scars from your car accident injuries, be sure to inform your injury lawyer of this development. When filing an accident injury lawsuit in Baltimore, your lawyer may seek compensation for your permanent disfigurement.
After you recover, you might consult a cosmetic surgeon to discuss procedures that can help minimize your scarring. It’s important to keep track of all of your expenses pertaining to the disfigurement, including surgeon consultation fees and operating costs. Your lawyer may be able to recover compensation to cover these costs for you. Permanent disfigurement can also be a factor in seeking damages for psychological injuries. You might consider visiting a mental health counselor or psychologist. During a trial, these types of expert witnesses might testify regarding your psychological injuries that have resulted from your permanent disfigurement.
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Determining If a Workplace Injury Was Caused by an Accident or Negligence
Workers’ compensation claims are based on a no fault system. This means that workers who sustain injuries in the workplace can file a workers’ compensation claim in Baltimore without having to prove that the accident occurred because of fault or negligence. Usually, the no fault nature of workers’ comp means that employees give up their right to file lawsuits against their employers because of workplace injuries. However, there are exceptions. After sustaining injuries because of your job, you have the right to consult a workers’ compensation lawyer to determine if you might be able to recover greater compensation through a lawsuit. This will depend on whether the incident was accidental or caused by negligence.
Differentiating Between Accidents and Negligence
By definition, an accident is an unplanned, unexpected event that causes bodily injuries and did not occur due to someone’s fault. For example, an office worker could be carrying a heavy box of copy paper. He or she might stub a toe, fall to the floor, and break an arm. Assuming that nothing except pure chance caused the stubbed toe, this is an example of an accident. In contrast, an accident caused by negligence might not necessarily be an intentional effort to injure someone, but it does occur due to someone else’s fault. A freshly mopped floor might result in a slip and fall incident. If an employer failed to provide safety equipment like wet floor signs, then this might be an example of negligence. Negligence can be broadly defined as conduct that falls below the standard of care that a person could reasonably expect to maintain.
Identifying the Types of Workplace Negligence
When your workers’ comp lawyer evaluates your claim to determine whether it might be appropriate to file a lawsuit, he or she will look for acts or behaviors that fall below the widely accepted standard of care. Negligent acts can include any types of violations of OSHA standards. An employer might be negligent in failing to properly train employees in safety procedures or the use of safety equipment. Sometimes, an employer might even be found to be negligent in hiring or employee retention procedures if an improperly screened hire harms others in the workplace.
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Factors That Increase the Risk of Auto Accidents
Car accidents can occur anywhere at any time and sometimes it’s difficult to pinpoint an exact cause. However, determining the cause and contributing factors to a car accident that occurs in Baltimore is an essential step in the recovery process. This is because a car accident lawyer will need to assess liability for the crash to help the victims recover maximum compensation for their injuries and other losses. Police reports are often very helpful in uncovering crash-related issues such as the following.
Teen Drivers
Drivers aged 16 through 19 are most at risk for a crash compared to all other age groups. In fact, according to the Centers for Disease Control and Prevention (CDC), 2,163 teens in the U.S. were killed and 243,243 were rushed to the ER for serious injuries because of motor vehicle crashes that occurred in 2013. The CDC further notes that young drivers aged 15 through 24 comprise just 14% of the U.S. population, yet they are responsible for 30% of the total costs stemming from motor vehicle crashes. Male teens represent the highest risk and this risk increases further when male passengers are in the car. The presence of passengers of either sex in a car driven by a teen driver of either sex is also a significant risk factor for a crash. This could be because teens are more likely to try risky driving behaviors when their peers are present and/or because passengers are a considerable source of distraction while driving. The risk associated with teen drivers is also attributed to their relative inexperience with handling a car.
Driving Distractions
In addition to the distracting influence of passengers, there are many other sources of distraction that can contribute to car accidents. It’s common knowledge that cellphones, GPS devices, and other electronic gadgets can easily distract a driver. However, many other activities can be incredibly distracting, such as eating and drinking, grooming, rubbernecking at crash sites and at billboards, reaching for fallen objects, and even daydreaming.
Busy Roadways
Another factor that can increase the risk of a crash is a very busy roadway. Experienced drivers already know that they ought to exercise greater caution during rush hour traffic, but sometimes even the most cautious of drivers can forget to check a blind spot before changing lanes. During rush hour, it’s particularly important to actively and continuously monitor the changing traffic patterns.
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Seeking Compensation After an Auto Accident Caused a Catastrophic Injury
A car accident can cause virtually any type of injury ranging from minor to catastrophic. For the purposes of a personal injury claim, an accident attorney will generally define a catastrophic injury as one that is permanently disabling in some way. Some examples including spinal cord injuries, traumatic brain injuries (TBIs), limb amputation, and vision loss. When an auto accident survivor has sustained catastrophic injuries, a personal injury lawyer near Baltimore can seek considerable compensation for his or her permanent losses and lifetime care needs.
Calculating Economic Losses
Before filing a claim, the personal injury attorney must determine the amount of compensation to seek. Catastrophic injury victims can seek compensation for economic and non-economic losses. Economic losses include hospital bills and expenses for physical therapy, in-home health aides, durable medical equipment, and similar expenses. Survivors can seek compensation for past, present, and future expenses. The attorney at law may need to consult with various experts such as rehabilitative nurses to determine the appropriate amount of compensation that would cover the victim’s future care needs.
Estimating Non-Economic Losses
Non-economic losses are those that are not tangible, such as mental anguish, and pain and suffering. Victims of minor car accidents aren’t as likely to successfully seek compensation for pain and suffering, but those who have sustained catastrophic injuries can often demand substantial sums for these non-economic losses. There are a few different methods of estimating non-economic losses. To help the attorney accomplish this, the client can fully disclose the extent to which the accident and the resulting injuries have affected his or her quality of life.
Identifying the Defendants
Another necessary step for seeking compensation after an auto accident is to identify the appropriate defendants. In many cases, the defendant is the other driver, who might be held liable for speeding, driving while distracted, or driving while intoxicated. In some cases, other parties may be held liable for catastrophic injuries. If the accident was a truck accident, the personal injury attorney might file a lawsuit against the truck driver’s employer or the truck leasing company. Another possible option is to file a lawsuit against the manufacturer of defective vehicle parts or against a municipality if improperly maintained roadways were to blame for the crash. Once these steps are completed, the case may proceed to trial or the plaintiff might consider accepting a settlement deal.
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How a DUI Charge Can Affect Your Employment
You may already know that a charge of driving under the influence (DUI) can lead to jail time, substantial fines, and suspension of your driver’s license. But you might not have considered the effect that having a criminal record can have on your employability. If you’ve been charged with DUI, it’s vital that you consult a DUI lawyer near Baltimore immediately. Your DUI attorney can get right to work on your case and provide guidance through each step of the process.
One way your DUI attorney can help you is by representing you during your arraignment, at which point you may be released on your own recognizance or released on bail. Being released is of course preferable, since you might not care to explain to your employer that you’ll need to miss work indefinitely while you await the resolution of a criminal case. Your DWI lawyer will also work to get the charges reduced or dropped if possible, or to argue for your acquittal in court. Otherwise, if you are convicted, your employer could decide to fire you. In fact, many employers have mandatory firing policies that apply to employees with criminal convictions. A DUI conviction might also result in the loss of your professional license and it will significantly diminish your chances of landing a new job.
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