All posts by Donna Evans

Punitive Damages Can Be Awarded In Certain Cases

Punitive damages, also referred to as exemplary damages, are only awarded in car accident cases where the driver’s conduct was so egregious as to constitute an indifference or reckless disregard of the health or safety of others. This means that the driver acted deliberately and was fully aware of the consequences of his or her actions. Punitive damages are designed to punish the offender and to deter similar conduct in the future.personal injury attorneys

The case for punitive damages will arise where the liable driver was under the influence of alcohol and/or had a blood alcohol content of at least 0.08 percent. It is rare for punitive damages to be awarded for any other type of driving conduct. Even recklessness or grossly negligent driving does not warrant an award for punitive damages. More on this <ahref=”” target=”_blank” rel=”noopener noreferrer”>website

Drunk driving accidents, however, continue to be one of the major causes of car accidents in the U.S. despite massive efforts by schools, law enforcement agencies, groups like Mothers Against Drunk Drivers (MADD) and Students Against Drunk Drivers (SADD). Even the adult beverage industry has weighed in to remind drivers to act responsibly.

Drinking impairs a motorist’s judgment and muscular coordination, although many motorists feel empowered after drinking and believe they can drive faster and better than anyone else on the roadways.

Thousands of people are killed and even more are injured by intoxicated drivers each year. In recent years, the legal limit for driving has been reduced from 0.10 blood alcohol content (BAC) to 0.08 percent. Though each state can set the legal limit at any level, the federal government will withhold millions of dollars in highway funds for any state that does not adhere to the 0.08 percent level. Accordingly, each state has adopted this standard.

For minors, or those under 21, many states have adopted even lower levels. In many states a minor with a blood alcohol level of 0.02 percent can lose his or her license. In some states, any detectable level of alcohol found in a minor while driving is illegal. A violator can lose his or her license for one year and up to three years if the minor driver refuses to take a blood alcohol test.

Any injury caused by the negligent driving conduct of another can be compensated in a personal injury claim. Any person who drives a motor vehicle is under a legal duty to operate his or her vehicle in a reasonable and safe manner. This includes driving below the speed limit if the traffic or weather conditions warrant it. The failure to adhere to the standard of a reasonably safe driver under the conditions presented can be considered negligence.

Should a driver choose to drink and then drive, it is presumed that the motorist acted negligently.

In most cases a driver with a blood-alcohol level of at least 0.08 percent or who is considered to be under the influence of alcohol, regardless of the percentage, will have caused the accident and the resulting injuries. In these cases, it can be relatively easy for an injured party to collect compensation.Personal Injury Lawyers

Injured auto accident victims can collect compensation for medical expenses, lost wages, property damage, and pain and suffering.

If you have been injured by an intoxicated driver, if your case goes to trial and you have included a clause for punitive damages in your complaint, you will first have to obtain a verdict in your favor. Once that is achieved, a second phase of the trial determines the amount of punitive damages, if any, that the court or jury will award. A jury will consider the defendant’s financial condition in assessing the award although an excessive award will nearly always be reduced either by the trial judge or an appellate court.

Texas law does not require that auto insurers pay punitive damages. This will have to come from the driver personally. Your attorney will typically have found out what assets the driver possesses that are subject to a court judgment and seizure before a trial or settlement to determine if it is worthwhile to pursue such a course of action. More information here

Personal Injury Law – Accident Injury Attorneys

Being hurt in an accident, such as a slip and fall or a dog bite can leave you with both physical and emotional scars. How do you determine who is responsible? If these questions pertain to you, then you probably need to seek out a personal injury claim. Read this article to learn how to do that. More Information here

When preparing for your lawsuit, it is important to include how much money you have lost due to not being able to work. This will document all of the times where you lost money due to your injury. This can include money that you lost from missing school.personal injury lawyers

Personal injury lawsuits can be tough to win. Only experienced lawyers with an excellent reputation have a chance. Seek out a person that has a lot of experience in winning these kinds of cases so that you’re sure you’re getting your case handled correctly.

Personal Injury Attorneys Ads

Television ads are not the best way to decide on a personal injury or motorcycle accident attorney to handle your personal injury case. This can become a disaster. If you want to consider such a personal injury lawyer, be sure you research them thoroughly before making an appointment. Failure to do so can lead to a lot of wasted money or being stuck with an incredibly inexperienced personal injury attorney.

Take pictures of your injuries; they will help with your case. If you cannot snap the photos on your own, ask someone to do it for you. You should take pictures right away to get photos that truly represent the situation.personal injury law

Personal Injury Law
Talk to a personal injury local personal injury attorney to see if a settlement can be agreed upon before your lawsuit hits reaches the court. That saves a lot of headaches, and that way, you don’t need to pay court fees.

Lots of shady lawyers have catchy ads meant to suck in clients, and this is why it is important to stay away from them. Apart from the bad stigma surrounding over the top ads, it’s hard to determine how honest a personal injury lawyer may be based solely on a tv ad. Personal meetings are essential to making a good decision.

If you had an accident and feel some stiffness and soreness, you don’t necessarily need a personal injury lawyer. It isn’t unusual to feel this way. You might, however, need to get in touch with a good personal injury and auto injury lawyer after a few days of continued pain.

Your doctor’s appointments must be regular and documented if you are involved in a personal injury suit. You not only need to prove you were actually injured, you also have to show the costs incurred to get get better. Then, any award will more accurately reflect what you deserve. Otherwise, you run the risk of appearing noncommittal or dishonest.

Personal Injury
There is compensation to be awarded if you suffer from an injury where you are not responsible. Using this advice can help you pick a great personal injury and auto injury lawyer. This will give you an advantage in winning your case and receiving your deserved compensation. Visit this website

Car accidents can be very traumatic – Personal Injury Law

Car accidents can be very traumatic, even if your injury is not serious. The most common claims for car accident compensation are whiplash claims, but claims can be made for a variety of road accident injuries as detailed below. If you have suffered an injury in a car or road traffic accident as a driver, passenger or pedestrian due to the fault of another person, you could be entitled to claim accident compensation without paying a penny. personal injury law

As personal injury experts, we know how to get you financial support, provide free medical treatment (if required) and a courtesy car (if you were the driver) quickly at no cost to you. We understand the impact that a road traffic accident injury can have on you physically, mentally and financially. Car accident compensation will not make you better, but it may help to cover your losses and ease your suffering. Anyone who has sustained an injury in a car accident – whether they were the driver, passenger, a pedestrian or cyclist – should take professional advice about whether they would be eligible to make a car accident compensation claim.

Whiplash injury can consist any of the following: Neck pain and stiffness, upper and lower back pain, headache and dizziness. Pain that starts with stiffness and soreness in the neck spreads to the shoulders and often to the arms and hands. Headaches can also be a major problem. Whiplash injuries frequently lead to ongoing back pain and it is likely that injuries to the neck can cause long term pain.

Other road traffic accident injuries include:

– Head injuries and severe brain injuries;

– Fractures of the collar bone and other bones;

– Amputations;

– Spinal cord injuries; and

– Accidents involving death

Here are 5 common Highway Authority failings:

* Failing to maintain or repair roads. Highway Authorities have a responsibility for the maintenance of their stretch of road. If you can show that the road paving was defective or there was a pot hole in the road, you may be able to prove that the Highway Authority failed to maintain or repair the road. If as a result of the accident you have suffered an injury, you could be entitled to claim compensation.

* Permitting the road to become dangerous and defective. Highway Authorities are required to have regular road inspections and to repair any cracked or damaged paving identified. However, sometimes they don’t do this, because they may be under staffed. If you can show that the Highway Authority failed to carry out regular inspections, you may be able to prove that they were at fault. If as a result of the accident you have suffered an injury, you could be entitled to claim compensation.

* Cutting cables in the process of repair work. Highway Authorities are required to light every street accessible to the public at night. If in the course of repair work, they cut a lighting cable and fail to repair it, you may be able to show that they were at fault. If as a result of the accident you have suffered an injury, you could be entitled to claim compensation

* Failing to safeguard manholes in the process of road repair. Highway authorities must take appropriate steps to ensure that persons using the road are safeguarded from hazards created by exposed manhole covers. If the Highway authority in the course of repair work has kept the road in a dangerous condition, you may be able to show that they were at fault. If as a result you have suffered an injury, you could be entitled to claim compensation. personal injury lawyers

* Failing to place a guard or fence or warning signs on or near the location of repair works. The Highway Authority is expected to place a guard or fence or warning sign where they are carrying out repair work. If they failed to give any warning or place a guard around the location of repair works, you may be able to show that they were at fault. If as a result of the accident you have suffered an injury, you could be entitled to claim compensation.

The type of scams carried out by the fraudsters often involve groups of drivers agreeing to stage ‘cash for crash’ accidents and then splitting the proceeds of any payout. One of the most common frauds involves personal injury claims, such as inventing whiplash injuries or exaggerating the effect of a minor car accident. Visit our Law Firm if you have more Questions