That’s how many motorcycle-related injuries were reported in 2020 by the National Safety Council, not including the estimated 6,000 fatalities.

What’s more, the majority of motorcycle accidents happen to sober drivers in broad daylight, in good weather.

The truth is, motorcyclists are more vulnerable than other drivers on the road due to the lack of protection provided by motorcycles compared to cars and trucks. Motorcycle riders also face diminished visibility compared to drivers in vehicles.

Therefore, it is crucial that riders take every necessary precaution to keep themselves safe while riding.

Before you take your next motorcycle ride, consider these top 7 safety tips:

Get the Right Gear

Wearing proper safety gear is crucial for every motorcycle rider. A helmet is the most important piece of safety gear, as it protects the head from the threat of serious injury in case of an accident. Other essential gear includes protective jackets, pants, gloves, and boots that are specifically designed for motorcycle riding. Your protective gear should be made of high-quality materials to provide protection, fit properly, and be comfortable to wear for ease while riding.

Keep Up With Necessary Maintenance

Avoiding accidents can often time be as simple as ensuring your motorcycle is well-maintained. Check your motorcycle’s brakes, tires, and lights regularly, and make sure they are functioning correctly. Always keep your motorcycle’s oil and other fluids at the recommended levels. Regular maintenance also helps to identify potential problems before they become serious safety hazards.

Stay Visible

Visibility is crucial for motorcycle safety. Make sure your headlights, taillights, and turn signals are working correctly. Always use turn signals and hand signals to indicate your intention to other drivers. When riding at night, reflective gear and lights are the easiest ways to make yourself more visible to other drivers.

Go with the Flow of Traffic

In the same vein of visibility, staying in your lane and out of blind spots is a good measure of safe motorcycle driving. 41% of motorcycle-related tragedies were single-vehicle accidents. This means, often, motorcycle riders cause their own accidents. Avoid weaving in and out of traffic. Follow traffic rules and speed limits. Stay within the posted speed limits, and adjust your speed according to weather and road conditions.

Focus, Focus, Focus

Being alert and focused is key for any driver. Keep your eyes on the road, and be aware of your surroundings. Avoid distractions like texting or talking on the phone while riding. Keep a safe distance from other vehicles, and be prepared to react quickly to unexpected situations.

Avoid Riding Under the Influence

Riding under the influence of drugs or alcohol is dangerous to yourself and others on the road. It’s also illegal. Substances that impair your ability to react quickly, make good decisions, and stay focused on the road should be avoided at all costs. If you plan to drink, plan to use a designated driver or another form of transportation.

Take a Motorcycle Safety Course

Improve your riding skills and learn essential safety techniques in a motorcycle safety course. Whether in person or online, a safety course can refresh your memory on the best safety practices and teach you how to handle your motorcycle in various challenging situations. And if the added safety benefits aren’t enough, in some scenarios, taking safety courses can also save you money on insurance.

Bonus: Know What to Do After an Accident

Safety should be a top priority for any driver but especially motorcycle riders, given the increased risks of being on the open road. In any case, if an accident does occur, you should know what to do on the scene and in the aftermath of a crash to keep yourself protected. Check out this step-by-step guide for what to do after a motorcycle accident if you haven’t already.

Remember: wear protective gear, keep up with your motorcycle’s maintenance, stay visible, follow traffic rules, stay focused, don’t drink and drive, take a safety course, and be prepared for any scenario. Following these simple safety measures can keep you and others safe.

Enjoy the ride!

Schedule a Free Consultation with The Law Brothers

If you or a loved one have been injured in a motorcycle accident, be sure to call the Law Brothers at (800) 820-0000 as soon as possible for a free case evaluation.

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As a passenger, you must trust that the driver will ensure you arrive safely at your destination. But sadly, that isn’t always the case. If you are injured in an accident as a passenger, you may be out of work and have medical expenses to address, so it is essential to know exactly what steps to take to ensure your physical and financial well-being.

First, you need to assess if you are injured. If you can, safely exit the vehicle. If you are severely injured, call 911 and ask for emergency assistance immediately.

Next, contact the police and file a police report. This is an essential step in any insurance and personal injury filing process and ensures an accurate account of events is taken.

During this process, ensure that you have both your driver and the other driver’s license, vehicle, and insurance information. You will need the vehicle make, model, year, and license plate of all vehicles involved in the car accident. It is also vital that you have their insurance providers and policy numbers to file a claim. You can file the claim with your insurance as well as both driver’s insurance companies.

If there are witnesses, make sure the police are interviewing them and have their accounts of the car accident noted in the report.

After that, as a personal injury victim and passenger of a car accident, you will need to file a claim and work with insurance to prove a driver’s liability. It is best to hire a personal injury at this point to help you, as the passenger, work with the drivers and insurers to find who is at-fault for the car accident.

If you sustain significant injuries, you may need to sue the at-fault party to cover long-term treatment and medical care. This medical situation could cause you to suffer continuous financial losses, so you will need assistance and coverage going forward.

Personal injury lawsuits can be exceedingly difficult to navigate, and it is best that you do not represent yourself as the passenger in the car accident.

A Free Consultation with the Law Brothers

If you or a loved one have been injured as a passenger in a car accident, reach out the Law Brothers at (800) 820-0000 for a free case evaluation as soon as possible. The Law Brothers will take care of every step of the process and won’t charge a cent unless you win your personal injury case.

The post What Happens if You Are a Passenger in a Car Accident? appeared first on Law Brothers.

But for some people, a rideshare experience can result in harm or damages. There are many types of dangerous situations and accidents that take place in the context of rideshare services.

Because of this, it is crucial to know how you can ensure the safest ride possible. Below, we will examine five crucial steps to make sure that your rideshare experience is safe.

If you have been hurt during a rideshare trip, do not hesitate. Contact a skilled legal professional to pursue the damages that you are owed.  

Note the License Plate 

One of the most reliable ways to ensure that you are entering the right vehicle is to check the license plate. Rideshare apps like Uber and Lyft provide customers with the license plate number of their driver’s car. 

Before you get into a vehicle, make sure that the license matches the information in the rideshare app. Check that the make and model of the car match details provided by the app, as well.

You should never ride in a vehicle that is missing a license plate. Never accept a ride from a car without the license plate of your assigned driver.

Uber also provides customers with their driver’s image and name. Do not enter a vehicle with anyone except the appointed rideshare employee. If something goes wrong, it is vital that you can accurately identify your driver. 

Ask the Right Questions 

Many people enjoy a quiet ride, especially when the driver is a stranger. However, it is important to know what kinds of information you should exchange with your driver before accepting the ride.

Rideshare employees are required to know the names and destinations of their passengers. Make sure that your driver knows who you are and where you are going before you enter the vehicle. 

If a driver cannot tell you your name or the address of your destination, something is wrong. In the same way that you should have basic information about your driver, the app should provide them with the necessary information about you. 

Be Cautious When Drinking

One of the greatest benefits of the rideshare model is that it provides a safe and convenient transportation option. This is especially true if you are coming home from a night of drinking.

With rideshare availability, there is never an excuse to drive while under the influence of alcohol. But drinking can cause you to forget routine safety practices after you request a rideshare.

Be very careful anytime that you are alone with a stranger, especially if you are under the influence of alcohol. Being intoxicated can increase the risk of something going wrong.

Most rideshare drivers are required to undergo a background check. Still, you should not assume that your rideshare driver is a trustworthy person. Keep your wits about you, especially if you have been drinking. 

Sit in the Back 

You should always sit in the backseat of a rideshare vehicle. This is true unless you are sharing a ride with a group of people that you know. If this is the case, the front seat is fine.

But if you are traveling alone and your driver asks you to sit in the front, reconsider the ride. It is best to sit in the back on the passenger side of the vehicle.

This allows you and the driver to see one another. Sitting in the back passenger seat is the most comfortable and safest option. 

Choose Smart Locations to Begin and End Your Ride

Although the journey is important, it is also crucial to choose safe pick-up and drop-off points. Make sure to request a ride when you are in a public space, preferably with other people around. 

You should not request a ride when you are in a huge crowd, however. This can make it unsafe for your driver to stop. It may also be difficult for them to identify you.

It is not advisable to set your destination location as your home address. While most rideshare drivers are trustworthy and helpful, it is important to avoid giving out your home address.

If you are able to do so, set the destination address for a block or two from your home and walk the remainder of the way.

By keeping these tips in mind, you can ensure the safest rideshare experience possible.

Schedule a Free Consultation with The Law Brothers 

At The Law Brothers, we handle every case from start to finish. You focus on recovering from your accident, and we’ll take care of the rest. We understand that this may be a difficult time for you, so we will meet you where you are at. We offer both virtual consultations and in-person consultations. And if we take on your case, you won’t pay unless you win. Call The Law Brothers today.

Call us today at (800) 820-0000 for a free consultation or Contact US online to get started.

The post 5 Steps to Having a Safer Rideshare Experience appeared first on Law Brothers.

There are many different types of brain injuries. The severity of a brain injury will depend on the type of trauma that the victim experienced.

If you have sustained a brain injury as the result of another person’s negligence, you have the legal right to pursue compensation. 

Victims of traumatic brain injuries usually face emotional, physical, and economic difficulties. Contacting a personal injury attorney will give you the best chance of recovering the money that you need.

Even if you have a valid brain injury claim, you may wonder what types of compensation you can seek following your accident. Here, we will examine the various types of financial recovery that brain injury victims can pursue. 

Categories of Damages in Brain Injury Cases 

In the average single year, approximately 230,000 Americans are hospitalized after sustaining non-fatal brain injuries. And roughly 1.5 million Americans survive a TBI, including those that are not hospitalized. 

If you have sustained a brain injury, you are not alone. Injury victims can legally seek financial recovery from the responsible party. 

“Damages” are the payments that injury victims can claim. Damages are provided by the person or entity that is liable for causing harm to the victim.

As with other types of personal injury cases, there are two primary categories of damages in brain injury claims:  Economic and non-economic damages.

Economic Damages

These types of damages are intended to compensate the brain injury victim for their direct monetary losses. Calculating economic damages involves finding the sum of various financial costs that the victim has had to pay.

Common examples of economic damages in brain injury cases include:

• Medical bills and expenses
• Anticipated future medical costs
• Lost wages and income from missed work
• Decreased earning capacity in the long-term
• Repair and replacement costs for damaged property

Some head injuries are fatal. In these cases, the decedent’s family may be entitled to the economic damages that the victim would be owed if they had survived. The family of wrongful death victims can also claim burial and funeral expenses.

Non-Economic Damages

Not every negative consequence from a head injury comes with a monetary loss. Many of the most challenging outcomes for head injury victims do not involve the loss of money.

For instance, how much should a victim be paid to compensate for being unable to engage in their favorite hobbies? If a brain injury results in memory loss, how much is that worth?

These questions are incredibly difficult to answer. Payments for these types of negative outcomes are known as non-economic damages. 

Typical examples of non-economic damages include:

• Physical pain and suffering
• Emotional distress and trauma
• Inability to enjoy life
• Mental anguish like stress, panic, and anxiety
• Loss of consortium in wrongful death cases

Many claimants do not consider seeking compensation for non-economic damages before they speak with a lawyer. 

Consulting with a qualified personal injury attorney will help you recover compensation for both economic and non-economic damages. 

Which Factors Influence the Value of a Brain Injury Claim?

Each personal injury case is unique. Many different factors will affect the amount of compensation that you can secure.

Some of the most impactful elements of a brain injury case include:

Liability

Proving that the opposing party is fully liable for your injury typically results in a higher recovery amount.

Insurance Negotiations

In many cases, the claimant will need to negotiate with an insurance provider to resolve the claim. It is crucial that you hire an accomplished legal professional to effectively negotiate on your behalf.

Characteristics of the Claimant

The age, vocation, and prior medical history of the plaintiff will each impact a personal injury claim. 

No matter what the circumstances of your case, speaking with a brain injury lawyer is the best course of action. You should not bear the financial burdens from your accident on your own. 

Call Lalezary Law Brothers for a Free Consultation 

At Law Brothers, we handle every case from start to finish. You focus on recovering from your accident, and we’ll take care of the rest. We understand that this may be a difficult time for you, so we will meet you where you are at. We offer both virtual consultations and in-person consultations throughout the United States. And if we take on your case, you won’t pay unless you win. Call The Law Brothers today.

Call us today at (800) 820-0000 for a free consultation or Contact Us online to get started.

The post What Kinds of Compensation Can I Seek After a Brain Injury? appeared first on Law Brothers.

Whether you are a casual cyclist or a dedicated enthusiast, bicycles provide a sense of adventure. 

However, bicycles can also be dangerous. Bicycle accidents result in injuries for many riders each year. 

If you have been hurt because of another person’s negligence or carelessness, you have the right to pursue compensation. Speak with a trusted attorney as soon as possible following a bicycle accident. 

Below, we will examine some of the most useful safety tips for cyclists.

Choose the Right Bike 

Staying safe while bicycling is impossible without appropriate equipment. Be sure that your bike is well maintained, so that you can be as safe as possible.

Choosing a bike that fits your body is crucial. If your bicycle is too big or too small, it will be difficult to control. This will make accidents and collisions more likely. 

The top tube on your bike should be around 3 centimeters above your inseam. This measurement is called the “standover height” of the bike.

There is a recommended method for finding a bicycle with an appropriate length. Take the sum of your torso and arms, divide the number by two, and subtract fifteen centimeters.

These are only recommendations. The most important factor to consider is your own comfort and your ability to maneuver the bike. 

Choose the Right Safety Equipment

Obviously, protective equipment is incredibly important for safe rides. The following types of equipment are essential for staying as safe as possible: 

Helmet

A bicycle helmet is the most standard and important piece of safety gear. Helmets can prevent some injuries and decrease the severity of others.

Some research suggests that wearing a bicycle helmet decreases the risk of a head injury by nearly half. Helmets save the lives of many cyclists each year.

Light-Colored and Reflective Clothing

It is crucial to make yourself as visible as possible when bicycling. Many accidents and injuries are the result of drivers being unaware of the cyclists with whom they are sharing the road. 

Do your best to make yourself noticeable to the surrounding traffic by wearing bright clothing. You should also wear reflective materials to alert vehicles to your presence.

Reflective Tape

While reflective clothing is helpful, it is also useful to put reflective tape on your bicycle. Reflective tape can be placed on your bike’s top tube and pedals. 

The more reflective surfaces you have on your bicycle, the better. Many motorists are not accustomed to looking for cyclists. Using reflective surfaces in the bright sun will ensure that you are as visible as possible.

Practice Defensive Riding

Bicyclists are very vulnerable on the busy roads. Bicycles do not offer the array of safety features found in passenger vehicles.

This is why bicycle accidents have the potential to result in life-changing and catastrophic injuries. It is vital for riders to practice defensive cycling when they are sharing roadways with other kinds of traffic. 

Take the following steps:

• Always remain alert and aware of your surroundings 
• Do not assume that a vehicle will yield to you
• Be ready to change course or stop quickly, if necessary

These defensive biking strategies will help you to avoid danger and prevent accidents.  

Be Prepared for Emergencies 

No one can prepare for every circumstance. Still, it is essential to plan for emergencies as much as possible.

Before you begin traveling on your bicycle, take the following basic precautions:

Charge Your Phone

A cell phone is indispensable for cyclists. If an emergency occurs, you may need to call for assistance. If you become disoriented, your phone can help you find your way.

Keep Cash and Identification

Many situations require you to have your ID. In the same way that you should not drive without some form of identification, you should take your ID when you ride. 

Carry a small amount of cash on bicycle trips. There are many emergency situations in which cash can be useful. 

Carry Water

The heat can be challenging, especially if you are biking a long distance. Make sure to carry plenty of water. This will help you to avoid dehydration.

Keep these safety tips in mind to ensure that you have the best bicycle rides possible.

Premier Legal Services from Lalezary Law Brothers 

At Law Brothers, we handle every case from start to finish. You focus on recovering from your accident, and we’ll take care of the rest. We understand that this may be a difficult time for you, so we will meet you where you are at. We offer both virtual consultations and in-person consultations. And if we take on your case, you won’t pay unless you win. Call The Law Brothers today.

Call us today at (800) 820-0000 for a free consultation or Contact US online to get started.

The post Top Safety Tips for Cyclists appeared first on Law Brothers.

Driving offers a sense of autonomy that most teens have not had before they start sitting behind the wheel. As a parent, you might be looking forward to letting your teenager handle their own transportation, too. 

However, the day that your teen sets off on their own can also be a bit daunting. Understandably, most parents are concerned about their teen’s safety while driving.

It can be challenging to ensure that you have given them all the information that they need to stay safe. Here, we will discuss several important things to teach your teenager when they are learning to drive. 

Before Anything Else, Buckle Up 

The most essential thing to teach your teen when they are learning to drive is the importance of seatbelt use. It is crucial that your teen driver develops the habit of putting on their seatbelt before they do anything else.

Every time a teen sits in a vehicle, it should be an automatic response. Seatbelts are the most effective defense against injuries and death from car accidents. 

Help your teen driver to understand the importance of seatbelts when they are driving — or riding in — a motor vehicle.

Never Text or Call While Driving

This one is crucial. The rise of smartphones has resulted in increased screen time for many people. Vehicle passengers use smartphones and tablets often. But it is crucial to teach your teen that texting or calling while driving is incredibly dangerous. 

Your teen may be under the impression that they can handle multiple tasks at once. That is a dangerous misconception. 

Car accidents can happen in the blink of an eye. Because of this, checking your phone for a text or call can result in life-changing accidents. 

Before they sit behind the wheel, make sure that your teen driver understands that they should put their phone away while they are operating a vehicle.  

Follow the Speed Limit 

Some teenagers think about driving automobiles primarily in terms of enjoyment. While it can be fun to drive, their bodily safety should take priority. 

There is no good reason to drive faster than the speed limit. Driving too fast puts everyone in the vehicle in danger.

Speeding can also lead to injuries and death for others. Be sure that your teen fully understands the potential negative outcomes that can occur from speeding.

Additionally, speeding is illegal. Following the speed limit means that your teen driver will not have to worry about an expensive ticket or a frightening encounter with a police officer. 

Do Not Drive with Passengers Until You Are Comfortable Driving

Almost every teen looks forward to having their driver’s license. One of the most common reasons is that they want to drive their friends around. 

It can be incredibly fun to take a trip with friends. But it is vital that teen drivers understand the ways that passengers can cause distractions. 

Even if your teen is careful and responsible, their friends may not be. Passengers may try to talk at inopportune times, play music at a distracting volume, or engage in other kinds of dangerous behavior.

Because of this, your teen driver should practice driving alone before traveling with passengers. This is especially true when it comes to teen passengers. 

Driving alone will help your teen to build good safety habits before they deal with the potential distraction of passengers.

Do Not Use Cruise Control in Rain 

Many modern passenger vehicles are equipped with a cruise control feature. This is an excellent option, especially for traveling on a long stretch of the interstate. Cruise control even has the potential to increase your fuel efficiency. 

But if it begins to rain, cruise control is not a good idea. Make sure that your teen understands the appropriate steps to take when driving on wet roads.

This includes turning off the vehicle’s cruise control option. Cruise control is designed to maintain a steady speed for the vehicle. On wet roads, this can cause the vehicle to hydroplane and potentially lead to a crash.

It is vital to teach your teenager about the strengths and weaknesses of the cruise control feature.

By teaching your teen good driving habits, you can ensure that they have the safest experience possible. 

Contact the Our Award-Winning Personal Injury Lawyers

At Law Brothers, we handle every case from start to finish. You focus on recovering from your accident, and we’ll take care of the rest. We understand that this may be a difficult time for you, so we will meet you where you are at. We offer both virtual consultations and in-person consultations. And if we take on your case, you won’t pay unless you win. Call The Law Brothers today.

Call us today at (800) 820-0000 for a free consultation or Contact US online to get started.

The post Parent’s Guide: Top Things to Teach Your Teen When They’re Learning to Drive appeared first on Law Brothers.

California offers riders many beautiful roads and plenty of sunshine. Motorcycles provide a sense of fun and adventure that other passenger vehicles do not. 

Unfortunately, that sense of fun and adventure comes with certain risks. Motorcycles do not provide the standard safety features of other motor vehicles. 

In a car or truck, drivers are surrounded by a substantial steel frame. But on a motorcycle, there is nothing between the rider and the surrounding environment.

That is why many motorcycle accidents result in life-changing and catastrophic injuries. 

If you have been hurt in a motorcycle collision because of another person’s negligence, do not wait. Contact a qualified personal injury attorney in California to recover the money that is rightfully yours.

In this article, we will discuss some of the leading causes of motorcycle accidents and injuries in California. 

California Motorcycle Accident Rates and Statistics 

Motorcycle accidents can be devastating. Sadly, these incidents are not as uncommon as they should be. 

According to recent data, several thousand victims suffer fatal injuries in motorcycle collisions each year. In the United States, up to 50,000 people sustain injuries in motorcycle accidents annually.

The deadliest motorcycle collisions involve other passenger vehicles. Only 45% of fatal motorcycle injuries result from single-vehicle accidents.

It is vital to ride defensively when you are on a motorcycle. Colliding with another vehicle or losing control can result in severe negative consequences. 

Common Causes of Motorcycle Accidents

Every collision is the result of a unique set of circumstances. But some road and traffic conditions make motorcycle accidents more likely.

Many motorcycle mishaps are caused by negligent drivers of other types of passenger vehicles. Motorists have a duty of care to others on the road, including motorcycle riders. 

When a driver’s negligence causes an accident, they can be held liable for the damages that they caused.

The leading causes of motorcycle accident and injuries include:

Speeding

Driving too fast is always dangerous. Motorists who drive faster than they should need an average distance of sixteen car lengths to stop completely. 

The distance needed to stop or slow down is much further if the roads are wet or icy. When drivers go too fast, motorcycle riders can suffer injuries if something goes wrong.

Speeding is one of the leading causes of motorcycle accidents in California.

Dangerous Maneuvers

When a driver fails to signal before making a turn or changing lanes, it can have deadly consequences. 

Before changing lanes on a multilane highway, drivers should signal and check their blind spots for other vehicles. Failing to do so can cause them to collide with others.

Oftentimes, drivers are not accustomed to thoroughly checking their blind spots for motorcyclists. When you are riding a motorcycle, do your best to stay outside of other driver’s blind spots. 

This type of dangerous maneuver can cause motorcyclists who are lane-splitting to collide with one another, as well. Lane-splitting is legally permitted in California.

Driving Under the Influence

Besides being illegal, driving while intoxicated is incredibly hazardous. Drivers who are under the influence of alcohol or drugs are much more likely to be involved in an accident.

The following driving functions are impaired by drugs and alcohol:

• Judgment 
• Vision
• Attention
• Reaction time

When a motorist drives while impaired, they are a danger to others on the road. Many motorcycle accidents result from the dangerous behavior of intoxicated drivers.

Road and Traffic Hazards

Even without the involvement of other negligent drivers, motorcycle accidents can happen. When a California road or highway needs repair or is under construction, motorcycle riders face many hazards.

Common road hazards include:

• Potholes
• Cracked asphalt
• Debris
• Traffic cones
• Construction signage
• And more

In some cases, the person or agency that is responsible for these road hazards can be held liable for any accidents that they cause. If you have experienced an accident as the result of one of these road hazards, speak with an attorney as soon as possible.

Motorcyclists should always drive defensively. An accident can result in severe and life-long consequences.  

Contact the Lalezary Law Brothers 

At Law Brothers, we handle every case from start to finish. You focus on recovering from your accident, and we’ll take care of the rest. We understand that this may be a difficult time for you, so we will meet you where you are at. We offer both virtual consultations and in-person consultations throughout all of California. And if we take on your case, you won’t pay unless you win. Call The Law Brothers today.

Call us today at (800) 820-0000 for a free consultation or Contact US online to get started.

The post Riders Beware: Leading Causes of Motorcycle Accidents in California appeared first on Law Brothers.

Families use wrongful death claims for many purposes, including:

• Replacing their economic loss
• Compensating for the loss of family relations
• Obtaining closure for the death

Here are things that you should know when it comes to the steps for filing a wrongful death lawsuit.

What is Wrongful Death?

The law has two theories for wrongful death claims. Some states allow wrongful death claims on the theory that an estate can pursue claims that the deceased individual could have pursued if they had not died.

Suppose that your loved one dies in a car accident caused by a drunk driver. They could have sued the drunk driver for negligence if they had survived. The drunk driver should not escape from liability because your loved one died. The estate can bring a wrongful death claim by essentially stepping into your loved one’s position in the lawsuit.

Other states allow wrongful death claims on the theory that the family has a claim against someone for taking their loved one away. In these states, the claim belongs to the survivors, rather than the deceased person’s estate. This difference is important because the family will have different damages than their loved one had.

Steps to Filing a Wrongful Death Claim

Filing a wrongful death claim is similar to filing any other lawsuit. You must have the right parties, a cause of action, and proof of damages.

Include the Right Parties in the Lawsuit

Generally, wrongful death lawsuits can be filed by the deceased person’s:

• Personal representative for their estate
• Spouse or domestic partner
• Children, stepchildren, or grandchildren
• Parents or legal guardians

If none of these relatives are alive, an heir who is entitled to inherit from the deceased person can bring the claim.

Identify the Cause of Action for the Claim

To file a wrongful death claim, you must establish that a person or business caused the death by wrongful acts or negligence. This provides a basis for filing a lawsuit for:

• Criminal acts
• Negligence
• Defective products
• Toxic exposure
• Medical malpractice

In some cases, the cause of action will be apparent. If your loved one died in a car accident, the basis of the wrongful death lawsuit will consist of a negligence claim against the driver who caused the accident.

In other situations, the cause of action may require some investigation. For example, if your loved one died from cancer, it may take some work to identify that a pesticide was the cause of their cancer. You could then use product liability as the basis for the wrongful death claim.

Determine Your Damages

Damages in a wrongful death claim fall into two categories:

Economic Damages

Economic damages include expenses and losses with a financial value. Almost any reasonable expense or loss caused by the death can be included in economic damages. Some examples of economic damages you can claim in a wrongful death lawsuit include:

Funeral Costs

The costs associated with the funeral and burial can be recovered through economic damages. If the deceased person was cremated, economic damages include the cremation costs.

Lost Income

Economic damages also include the income that your loved one would have earned over the remainder of their life. Some of the factors that go into lost income include the deceased person’s:

• Age
• Health
• Wage or salary
• Education and training
• Prospects for promotion

Even for someone without a high-paying job, lifetime earnings can be substantial.

Household Contributions

Household contribution includes the tasks performed around the home by the deceased person. As a result of the death, you need to pay someone or forego your earning opportunities to complete them. Some common examples include:

• Childcare
• Cooking
• Cleaning

For example, suppose that you relied on your loved one to watch the kids so you could work on weekends. If you need to hire a babysitter or forego your overtime pay so you can stay with the kids, you can include those losses in your economic damages.

Non-Economic Damages

Non-economic damages are those losses you suffered that have no financial cost. Non-economic damages encompass the ways that your life has diminished as a result of the death. Some examples of non-economic damages include:

• Loss of companionship
• Loss of mentorship of a parent
• Loss of consortium with a partner or spouse

Even though they have no fixed value, a jury must quantify non-economic losses. You will typically need an expert witness to testify about the ways in which a jury can calculate non-economic damages.

Excluded Damages

Under some state laws, you cannot seek some forms of damages in a wrongful death claim. Instead, the estate needs to bring a survival claim.

Economic damages excluded from a wrongful death claim include medical expenses for treatment after the wrongful act or negligence. Non-economic damages excluded from a wrongful death claim include the pain and suffering of the victim due to the injuries and the mental anguish of the family over the death.

Fighting for Closure with a Wrongful Death Claim

Although nothing can bring your loved one back, many families find that a wrongful death claim can be helpful for getting closure. A wrongful death claim can place liability on the person or business responsible for the death. It also imposes a monetary punishment on them.

Contact the Law Brothers to schedule a free consultation. Our friendly and experienced personal injury attorneys can guide you through the steps of filing a wrongful death claim. We Fight. You Win. They Pay.

The post What Are the Steps to Filing a Wrongful Death Suit? appeared first on Law Brothers.

Your employer should inform you about your rights and provide some limited assistance in filing your claim. You can also get assistance from a personal injury attorney who can guide you through the claim process.

Here are six steps to filing a worker’s comp claim.

Report Your Injury to Your Employer

You must report your injury to your employer to start the worker’s compensation claim process. If you do not report your injury, your employer has no obligation to try to find employees that may have been injured.

Worker’s comp covers work-related injuries that occur due to a single event or long-term exposure to workplace conditions.

Single Event

Some examples of workplace accidents that produce injuries that are covered by worker’s comp include:

• Auto accidents
• Construction accidents
• Falls
• Falling objects
• Machinery accidents

When you suffer in one of these accidents, you should report the accident as soon as possible. If you wait more than 30 days after your accident to report it to your employer, you may jeopardize your right to worker’s comp benefits.

Long-Term Exposure

Some workplace injuries occur over time. Some examples of injuries caused by repeated or continuous exposure to unhealthy conditions include:

• Hearing loss
• Toxic exposure
• Repetitive stress injuries

When you suffer from one of these injuries, you should report the injury within 30 days of discovery. Waiting longer than that might risk denial of a worker’s comp claim.

Fill Out the Worker’s Comp Form

Your employer must provide you with the worker’s comp form within one day of hearing about the injury. If you are still coming to work, your employer might deliver the form in person. If you are unable to work, your employer is only required to mail the form within one day of hearing about the accident. The form is also available online if your employer fails to provide a copy to you.

The form asks for identifying information, such as your name, address, and Social Security number. It also asks for information about the injury. Specifically, you must describe:

• The injury date
• Where the injury happened
• Which body part was injured

Even though the form asks for a Social Security number, undocumented workers can receive worker’s comp benefits.

Return the Form to Your Employer

Once you complete the injury form, you need to return it to your employer. The employer must forward the form to their worker’s comp claims administrator. The employer must also provide you with a copy of the form after the employer fills out its section. All of this must happen within one day of receiving the completed form from you.

Get Medical Treatment

Within one day after receiving your completed worker’s comp form, your employer will authorize up to $10,000 in medical treatment for your injury. You are entitled to use this benefit for your injuries, even if your claim is eventually denied.

Getting medical treatment will help your claim in several respects:

Diagnosing Your Injury

When you seek medical treatment, a doctor can diagnose your injury. This may help you as the worker’s comp insurer investigates the claim because it could link your injury to your work.

Developing a Treatment Plan

Worker’s comp pays for all reasonable treatment. By beginning treatment, you and your doctor stake out the treatment you think you reasonably need.

Documenting the Reasons for Missed Work

The doctor can provide you with a note excusing you from work. You may need this evidence if the insurer questions the amount of work you missed.

Cooperate with the Insurer’s Investigation

The worker’s comp insurer has 90 days to review and investigate your claim. During this time, the insurer might request copies of your medical records and other documents relating to your injuries.

The insurer might also schedule a deposition to question you under oath. You should consider hiring a lawyer before attending a deposition to help you understand and respond to the insurer’s questions.

The insurer can ask that you undergo an independent medical examination by a doctor that is selected by the insurance company. Again, you should consider talking to a lawyer before going to the exam so you know what you should or should not do during the exam.

You should cooperate with this investigation so that the insurer can process your claim. But you should also remain aware of any attempts to twist the information you provide so that the insurer can deny your claim.

Pursue a Hearing if Your Claim is Denied

If the insurer denies your claim, you can request a hearing before a worker’s compensation administrative law judge (ALJ). The ALJ has experience in worker’s comp cases and has the power to review claim decisions. Before attending a worker’s comp trial, you should consider hiring an injury attorney to present your case at the hearing.

Getting Help with Worker’s Comp Claims

California designed its worker’s comp claims to be simple, where we represent some clients. But in some states, the system can be difficult to manage. But your employer and its insurer have a financial incentive to deny your claim. Hiring an injury attorney to help with your worker’s comp claim can provide someone to fight for your right to worker’s comp benefits.

Contact the Law Brothers to schedule a free initial consultation with a friendly and experienced personal injury lawyer. Our firm has successfully helped many workers with their worker’s comp claims. We will bring the same results-driven work ethic to your case. We Fight. You Win. They Pay.

The post Injured on the Job: 6 Steps to a Worker’s Comp Claim appeared first on Law Brothers.

Most injury lawyers offer a free initial consultation. Here are some questions you should ask during an initial consultation with an injury attorney.

Questions About the Lawyer and Law Firm

The initial consultation is your opportunity to screen a lawyer and their law firm to determine your ability to work with them. Here are some of the issues you should discuss.

How Much Are Your Fees?

Many states allow lawyers to have a lot of discretion in setting their fees. Make sure that you talk about fees at the initial consultation. No one benefits from misunderstandings about how the lawyer charges or what the charges will include.

Most injury lawyers charge a contingent fee. A contingent fee has a few characteristics:

• No fee unless you win or settle
• No fee upfront
• The fee is a percentage of your compensation

Discuss how the lawyer calculates their fee and what costs might be added on. If you feel comfortable with the lawyer, ask for a copy of the lawyer’s contingent fee agreement.

How Should We Communicate?

Talk to the lawyer about their availability to talk to you about your case. Most states require that a lawyer keep you reasonably informed about your case. But “reasonably informed” is subject to interpretation. Understand when you should expect to receive updates on your case.

Discuss how you should reach out to the law firm if you have questions about your case. Ask if you can get the email or phone numbers of the lawyer and the lawyer’s staff.

Lack of communication is one of the most common client complaints. Make sure the lawyer understands your expectations for updates and other information about your case so that you can avoid any misunderstandings.

What Kind of Experience Do You Have?

You should ask about the lawyer’s experience in cases that are similar to your case. Although every case differs, a lawyer who has handled similar cases will understand:

• The laws that govern your case
• Insurance company practices that are relevant to your case
• The potential value of your case

Keep in mind that the lawyer might not have handled a case with identical facts to yours. But a lawyer who has experience in similar cases can apply that prior experience to your case.

Questions About Your Case

You should also discuss your case with the lawyer. This allows the lawyer to understand whether the case fits their practice. The lawyer can ensure that the firm will have the time and personnel required to handle the case properly.

This also gives you the chance to tell the lawyer your story and ask questions about the merits of your case. The lawyer might prefer not to discuss your case in detail until they can review all of the evidence in the case. But you can ask about the outcomes the lawyer has obtained in similar cases.

Some specific issues to discuss with the lawyer might include:

What is the Value of My Case?

The value of any case can be difficult to pinpoint. Whether a case settles or goes to a jury, reasonable minds can differ about fair compensation for an injury.

But you should discuss the factors that go into the value of the case, including:

• Past and future medical expenses
• Past and future lost income
• Pain and suffering

A lawyer might be reluctant to comment on the merits of your case until they have a chance to review all of the facts. But a lawyer might be able to explain generally what you will need to have a good chance at a settlement or damage award.

The lawyer should also discuss any problems with your case, including the defenses that the at-fault party might raise. For example, California employs the doctrine of pure comparative negligence. This allows a jury or claims adjuster to reduce compensation if the victim bears a share of the fault for the injury. Not all states follow this exact law, including some of the other states we represent nation wide. 

What Do You Suggest for a Legal Strategy?

Based on your discussion, the lawyer may set out a proposed legal strategy. Under California’s Rules of Professional Responsibility, you have the final say in the legal strategy. Thus, the lawyer must explain the risks and benefits of the possible strategies so that you can make an informed decision. But again, not all states follow this exact law, including some of the other states we represent nation wide. 

You will probably not need to decide which strategy to use at the initial consultation unless the statute of limitations is impending. But discussing strategy will give you time to think about your goals and whether the lawyer’s strategy meets them.

Hiring an Injury Attorney

The decision to hire a personal injury lawyer is consequential. You should use the initial consultation to ensure that you can have a comfortable working relationship with a lawyer. You should also make sure that your values align. For a free consultation with a friendly and experienced injury lawyer that will provide trusted counsel, contact The Law Brothers firm. We give your legal issues the personal attention they deserve. We Fight. You Win. They Pay.

The post 5 Questions to Ask During a Consultation with a Personal Injury Attorney appeared first on Law Brothers.