Month: November 2009

If an individual survived a motorcycle crash they will need to have an idea of what to do to get their claim settled. Don’t do this as a solo act, as dealing with an insurance company may mean settling for less than may be awarded through the courts.

In the event of a motorcycle accident, the first thing that needs to be done is to figure out how serious everyone’s injuries are. That is the first and only priority at the scene of an accident. If a person is able to use a cell phone or ask someone else to call for help, do so. If the accident was the result of someone else’s negligence, don’t bother getting into it with them about who is in the wrong or who is in the right. This can be sorted out later when a personal injury attorney has been hired to represent an insurance claim.

The next thing to do is to prevent those involved in the accident from any further harm. Put out any available flares to warn off traffic. This will also help preserve the accident scene. Do no move any of the vehicles involved in the accident as this will just confuse the issue later if the case goes to court. Destroying evidence by moving a vehicle will count against the plaintiff, so be smart and just leave things for the police to handle. When they’re done with their investigation, they will have the bike moved.

It might be stating the obvious, but make sure to remember to call the police. When under stress, some people don’t think straight and may not remember to call them for help. The case will only be helped by the presence of an accident report, so make sure to call 911 or have someone else do it. Always remember to tell them there are injuries and answer any questions they have. If medical care is required, get it immediately and answer questions later. Do “not” admit fault at the accident scene. This kind of statement, no matter what condition the victim is in, will come back to haunt them if the case goes to court.

Check the scene of the accident to find other drivers who may have witnessed the bike and car crash. Get as much information from them as possible, including what they have to say and how to contact them; and make a copy for the police and the insurance company, particularly if the “other” driver admits to being at fault.

These days just about everyone has a cell phone that takes pictures. Use anything available at the scene to take snapshots of the accident. Take photos of all injuries as well and make sure there are medical records to back everything.

Speaking of medical treatment, accept it if offered, demand it if needed. You will need a complete record of what injuries were received for a personal injury lawyer and perhaps later for a negotiated settlement or for going to court. Never assume that just because there is no pain at the “moment” that this will be the case later. When the adrenaline wears off, the pain kicks in.

And last, but not the least, is make contact with a personal injury lawyer and let them know the complete details of the accident. Find out what legal rights are applicable and what is needed to negotiate a settlement or proceed to court if the insurance company won’t cooperate, or if the injuries turn out to be worse than they appear on the surface. This happens in a large number of motorcycle cases where a strained back turns out to be a ruptured disk later, so never sign off on a claim before talking to an experienced personal injury attorney.

To learn more visit http://www.ozcomert.com.

COMPANY PORTRAIT

The law offices of Stephen M. Ozcomert specialize in personal injury, accidents, and malpractice law in Atlanta Georgia.

Wrongful death suits can be filed for many reasons and aren’t limited to vehicle crashes.

Although every state has its own wrongful death statute and the requirements to file a wrongful death lawsuit under the auspices of that statute vary, the reasons for filing such a suit tend to remain the same.

Cases vary and have many components to them like the case involving a man whose wife died as the result of a car crash in July of 2009. In this instance, the van the couple was driving was rear-ended and forced off the road, rolling over several times before coming to a halt. The husband was permanently and severely injured, and the wife died as a result of her injuries. In consultation with a skilled personal injury attorney, the husband decided to file a wrongful death suit against not only the driver of the other vehicle, but General Motors and a seatbelt manufacturer.

If you’re familiar enough with personal injury law from reading articles like this, you will realize that the wrongful death suit’s foundation lies in negligence (of the other vehicle’s driver) and product liability (the maker of the van and the seatbelt manufacturer). When the case winds up in court, it will allege that in combination with the negligence of the other driver failing to control her vehicle, that the seatbelt in the van was defective and failed, ejecting the wife.

The plaintiff, the severely injured husband, will further claim that General Motors and the makers of the seatbelt knew, or should have known the belt design was defective and that it stood a good chance of failing under accident conditions. The plaintiff’s attorney will present evidence that close to 19,000 vans of the same type the couple was driving when hit, were recalled due to defective right rear seat belts. The problem? The belts had a propensity to separate during a crash, causing severe passenger injuries.

While this may sound like an open and shut case on first blush, there are all kinds of other issues that may arise. This is one of the major reasons that if you are in a car accident involving severe injuries or death you should immediately speak to an experienced personal injury attorney. You need legal assistance to get compensation for your injuries and to obtain a settlement in a wrongful death case. Don’t make the mistake of thinking you can do this on your own. There is too much at stake to be your own advocate in cases like this.

Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.

Not all slip and falls take place outside after tripping over something on the ground or by slipping on a wet surface at the supermarket.

Consider the case of a woman who died after falling while trying to climb out of her hospital bed. She sustained some severe injuries after her fall and eventually succumbed to them. The crux of this particular case is the fact that the woman was a known fall risk.

When the lady was admitted to hospital she was given what is called a close call device, attached to the woman’s gown. The idea behind these gadgets is that they alert hospital staff when the patient attempts to leave her bed. In this case, the woman tried to get out of her bed one day in June 2008, but failed in that attempt and fell instead. The nursing station was never alerted by the apparatus attached to her gown.

As a result of the injuries the patient received in her fall to the floor, she subsequently died seven days later after receiving what the personal injury lawsuit claimed were severe and permanent painful injuries.

The plaintiff’s daughter alleged the nurses failed to properly inspect the call alarm and for using one that they knew wasn’t working very well. The suit further alleged the patient wasn’t properly monitored in light of her being a high risk fall candidate. The plaintiff also further alleges that because of her mother’s death, she, her grandchildren and great-grandchildren lost her support, guidance, instruction and companionship.

This is an unusual case, but as you can see, there are a number of components that may be difficult to prove; such as whether or not the alarm was working properly and what precisely constitutes being “properly” monitored. In situations like this, it is best to seek legal counsel from a personal injury attorney with experience in slip, trip and fall law. It isn’t an easy area to litigate and there are certain things that must be present in order for a case to be successful.
In this instance, because the fall also resulted in a death, a wrongful death suit may be a distinct possibility as well. Only when speaking to a skilled attorney will you know what your rights are, and how cases like this fare in the court system.

Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.

When someone has been the victim of another person’s negligence or call it carelessness, this is the best time to contact a personal injury attorney.

Negotiating a settlement in a personal injury case is a tricky thing to do, and something a person is not able to do themselves, particularly when it comes to very serious, life altering and long-term injuries. Compensation for these kinds of injuries is based on many things and often is subjective to each case. Only an experienced personal injury attorney has the capabilities to be able to handle this kind of case.

When considering filing a personal injury case, don’t wait around until the wounds have either partially or totally healed. Time is of the essence in cases such as this, and the more time that lapses from the accident until the time a suit is filed can result in memories getting fuzzy, important evidence becoming lost, and the ever-looming statute of limitations coming close to or having already run out. These are things a victim needs to know in order to move forward with their lives after a horrific accident. Waiting will only make matters worse.

Generally speaking, most states have a provision that lets victims take legal action for a year or two after an accident, but not after the time has expired. Make sure this is one of the first things discussed with a personal injury attorney if any time has gone by before seeking legal counsel. Make sure all the pertinent details are jotted down, because this is one of the first things a victim will be asked. A good attorney knows that not all cases may stand up in a court of law. They are only able to determine that when they hear everything that happened to cause the injuries in question.

Don’t hold back any details, including any culpability that may be evident on both sides of the equation. An experienced personal injury attorney has pretty much seen and heard it all when it comes to hearing about accidents and their causes. The devil is in the details when it comes to cases like this, and everything that happened is important for the attorney to know and understand. This is how they are able to decide if the other party is responsible for the injury (or death) and can be held liable by a court of law for the accident in question.
Most personal injury attorneys work on what is called a contingency fee, meaning if there is no negotiated settlement or court award, then the client does not pay for the services. There is no point in wasting time trying to put together a court case if the facts of the case don’t warrant doing so.

In personal injury cases it’s the victim that must prove the guilt of the other person involved in the case. This is often a tough row to hoe, as most “other” parties to a serious personal injury accident make protesting their innocence a single-minded occupation. It’s up to the personal injury attorney, with the facts in hand and accompanied by the evidence, to prove the “other” party was reckless or negligent.

There are instances where cases may be settled out of court, which is sometimes a major bonus, as it saves time and money. This is where the negotiation skills of an experienced personal injury attorney come into play to obtain a settlement for pain and suffering, medical bills, lost wages, and other therapy needed.
To learn more visit http://www.ozcomert.com.

COMPANY PORTRAIT

The law offices of Stephen M. Ozcomert specialize in personal injury, accidents, and malpractice law in Atlanta Georgia.