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What Happens in a Ride Sharing Accident?

October 18, 2017

Ride sharing phone apps such as Uber and Lyft have become both an easy way to get around, and a great way to make some extra money. The convenience and accessibility is second to none, but what happens if you’re the passenger in an Uber or Lyft, and the driver gets into a fender bender? What are your rights? What about if you’re the driver? How much are you responsible for?

The most simple way to put it is that Uber/Lyft drivers and passengers are protected by automobile insurance with at least $500,000 available to compensate them for any injuries sustained in an auto accident while in the Uber/Lyft. This compensation also applies to other people who are not in an Uber/Lyft but are hit and injured by an Uber or Lyft car. If a person is injured while in an Uber or Lyft, that person is eligible to recover from the Uber or Lyft auto insurance policy. There will be a minimum of $500,000 available for compensation. This also applies to drivers of Uber/Lyft vehicles when they are engaged in an active ride or en route to an active ride.

Passengers and drivers of Uber and Lyft vehicles will always be afforded Full Tort coverage which allows individuals to sue in court for all damages including pain and suffering. Additionally, pedestrians, cyclists and other vehicles may recover from Uber/Lyft insurance if an Uber or Lyft driver causes an accident that results in their injury.

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Should You Settle or Sue Your Car Accident Injury in Court?

August 30, 2016

Should You Settle or Sue Your Car Accident Injury in Court-

After suffering an injury in a car accident, you want to be able to pay your medical bills and recover the money you lost when you could not work. Most people think that this means a long, drawn-out trial, but the fact is that the majority of car accident injury claims are settled outside of court. However, before deciding to go to court or settle, there are factors you need to consider.

When Settlement is Better

There are some advantages to settling your lawsuit without going to court. The main reason many people do so is because they receive their payout faster and they avoid attorney fees. Settling also keeps you from having to go to court for hearings, depositions and the trial. It is also important to note that a jury can be unpredictable and may decide against you even though the evidence may be strong. One of the first steps an attorney will take is to collect all your medical and employment records. Once all the documentation is received, a demand letter is sent that outlines your out-of-pocket expenses, your injuries and the amount you are requesting as compensation. Once that letter is received, settlement negotiations begin.

Going to Court

Although settling is often the best way to go when you have a car accident injury claim, you may not have an option. There may have been no response to your demand letter or the insurance company may have made a much lower offer than you can accept. Your attorney will file a lawsuit in court and the other person will have to answer the complaint in a specific amount of time, usually 20 to 30 days. While waiting for a response, the attorney will begin gathering what is known as discovery. This is the information that will be used to demonstrate why you are demanding the amount you requested. Discovery is the evidence that will be presented to the judge and jury during the trial.

Settlement Still Possible

Even after you have filed your lawsuit, you can still choose to settle the case as long as no verdict has been rendered. In some cases, a court filing will trigger the insurance company to increase the offer in order to avoid trial. Even if the trial is already underway, you can still settle the case. However, once the judge or jury has issued a verdict, a settlement is not possible.

If you or a loved one has been injured in a car accident, contact Lundy Law today to learn what rights you may have. You can arrange for an initial consultation by calling 1-800-Lundy Law or completing the easy form online.

How to File a Construction Injury Claim

August 26, 2016

How to File a Construction Injury Claim

If you work in construction, you understand that your risk of injury is very high. The construction industry has been called one of the most dangerous as injuries occur regularly. Even with many safety procedures, regulations and programs in place, injuries still occur simply because of the nature of the business. If you have been injured while working in construction, there are some details you need to know in order to file a construction injury claim.

Safety Regulations

As an employee on a construction site, you are required to follow safety procedures at all times. However, your employer is also responsible to follow regulations set forth by the Occupational Safety and Health Administration (OSHA). Employers must remove hazards from the workplace and provide the equipment necessary to keep you safe. OSHA regulations must be posted in a conspicuous location and there must be a hazard communication program. Your employer is also required to have a safety training manual. You must also be notified of the existence of medical records as well as any records of exposure. Your employer must give you access to those records should you request them.

Filing a Construction Injury Claim

After a construction injury, you should immediately seek medical attention, regardless of whether safety regulations have been met. You need to have a healthcare professional document your injuries and provide you with treatment. You must also report the injury to your employer who should have a workplace injury reporting process in place. Workplace injuries are covered under workers’ compensation . Your employer is required to provide you with coverage for any lost wages, medical bills and other expenses related to your injury.

Personal Injury vs. Workers’ Compensation

Under the law, you are not permitted to file a personal injury lawsuit against your employer if you are injured as part of your regular job duties. Workers’ compensation only provides for lost wages, medical bills and other payments related to your treatment. It does not allow you to collect pain and suffering compensation, even if the employer was negligent. However, if the injury was caused by a third party, you may be able to file a personal injury claim against them. For example, if you were injured on the job because machinery your company rented malfunctioned, you may be able to file a claim against the machine manufacturer or the rental company. A personal injury claim allows you to seek additional compensation, including pain and suffering.

If you or a loved one was injured in a construction accident, contact Lundy Law today to learn what rights you may have. Because you are unable to sue your employer for workplace injuries, hiring an attorney simply confirms that you are receiving the proper compensation. In addition, an attorney can advise you whether you have a construction injury claim against a third party. You can arrange for your initial consultation by calling 1-800-Lundy Law or completing the easy form on our website.

Are Building Code Violations Effective in a Slip & Fall Case?

August 19, 2016

Are Building Code Violations Effective in a Slip & Fall Case

After a slip and fall, you may be unable to work and face significant treatment for your injuries. You may be concerned that you will be unable to provide for your family. If your injuries were caused due to the negligence of someone else, you may be eligible for compensation. One way to prove negligence in a slip & fall case is through violations of your local building code. However, there are certain factors that must be met to prove that building code violations caused your injury.

Obtain Evidence

The first step to proving a building code violation caused your injury is to gather evidence. As with any slip and fall case, you need to obtain photographs of the area where your fall occurred. The photos should show any item you believe is a violation of the building code, such as stairs with no handrails or steps that are not evenly spaced. Be sure to also photograph your injuries as well. Talk to witnesses who may have seen your fall and get their contact information. Write a statement that describes the entire incident immediately after the fall while it is still fresh in your memory.

Building Codes

Building codes exist in every area of the country. There are often state and local codes that builders must follow during construction. Building inspectors are required to confirm that all building codes are met. Unfortunately, there are some construction companies that cut corners and may find ways to avoid some of the necessary inspections. In addition, older buildings may not be inspected regularly. Buildings can settle as they age and this could lead to areas of the building that no longer meet codes. You can often find current building codes online through state or city websites or you can visit your local planning office to request a copy of the code. If you find building code violations related to your slip and fall, you may have a claim for compensation.

Types of Violations

There are many different types of building code violations that can lead to a slip & fall case. Broken or uneven staircases as well as steps without handrails are often violations of the building code. Public buildings are required to have handicapped access. Ceilings that are in disrepair and in danger of failing or failing to follow fire codes are all instances where the building code may have been violated.

If you or a loved one has suffered a slip and fall due to a building code violation, contact Lundy Law today to learn if you have a slip & fall case. You can arrange for your initial consultation by calling 1-800-Lundy Law or completing the simple query form online.

Hit by a Car While Walking? Rights You Need to Be Aware Of

August 12, 2016

Hit by a Car While Walking- Rights You Need to Be Aware Of

One of the best ways to add fitness into your life is by walking and more people than ever are using walks in an effort to life a healthier lifestyle. What happens, however, when you are struck by a car while you are walking. Injuries suffered by pedestrians are often more serious than those suffered when two vehicles collide. It is important to understand what rights you have after being injured as a pedestrian.

Determining Fault

When you are hit by a car while walking, you may immediately think that the person driving the car is at fault. In most states, pedestrians do have the right-of-way. However, there are situations when a pedestrian may be at fault for their own injuries. Vehicles must yield to pedestrians who are in marked crosswalks or in other locations where the state’s vehicle code gives walkers the right-of-way. In addition, motor vehicles must travel the posted speed limit, but when pedestrians are present, it is recommended they drive at even slower speeds. If a vehicle is traveling at an unsafe speed or strikes you while you are in a marked crosswalk, it is more than likely the vehicle driver will be found at fault.

Third Party Claim

Another factor that may determine whether you are compensated is whether or not you sustained an injury. If you are struck by a vehicle while walking and suffer no injury, there is no compensation necessary. However, if you did suffer an injury and it is determined that the driver was at fault, you may be able to pursue what is known as a third party claim. This means that you will file a claim against the driver’s automobile insurance policy. This is the first step in receiving compensation and you should be able to have medical bills and lost income covered through this claim. In most cases, the insurance company will offer a settlement that may include pain and suffering for your injuries. If the settlement is not enough, you may need to file a civil lawsuit in order to recover your damages as well as compensation for the pain and suffering caused by your injury.

Hit and Run

If you are hit by a car while walking, the driver is required to stop and exchange relevant information such as insurance, vehicle registration and identification. When they do not stop, the driver may be guilty of hit-and-run. If this should happen, it is important to file a police report immediately and obtain contact information from any witnesses who saw the accident. Your personal health insurance should cover your medical bills until the driver can be identified.

If you or a loved one has been injured after being struck by a car while walking, contact Lundy Law today to learn what rights you may have. Hiring an attorney does not mean you intend to sue the driver of the vehicle. An attorney will work with the insurance company and driver to make sure you get the compensation you are entitled to. Arrange for your initial consultation today by calling 1-800-Lundy Law or completing the form on our website.

Why is the Burden of Proof Important in a Car Accident Claim?

August 5, 2016

Why is the Burden of Proof Important in a Car Accident Claim-

You have probably heard the term “burden of proof” when people are discussing a legal matter. What you may not know is that there are different standards of proof based on the type of case you plan to file.

What is Burden of Proof?

The burden of proof is the duty a person must bring, in the form of evidence, that the allegations they are making is true. In a criminal case, it is the prosecutor who must prove that a defendant is guilty beyond a reasonable doubt. In civil suits, such as a car accident claim, the person who files the lawsuit has the burden to prove what they say is true.

Difference in Civil and Criminal Proof

As mentioned, in a criminal proceeding, the judge or jury must have no doubt about the defendant’s guilt. If they have any doubt at all, they are not supposed to find them guilty. In a civil trial, guilt is determined by a preponderance of the evidence. In other words, the jury may decide that the person is more likely than not guilty of causing an injury. They may have doubts, but if the evidence points to guilt, they may find the defendant guilty.

Elements of Negligence

In a car accident claim, you must prove that the defendant owed you a duty of care and that the duty of care was breached, leading to your injury. It is understood that when you drive a car, you should follow the law and operate your vehicle in a safe manner. That is the duty of care while driving a car. However, if a driver acts in a careless or negligent manner, such as driving while intoxicated or failing to stop at a stop sign, they have breached their duty of care. The key is that the person must have acted in a way that a reasonable person would not have acted in order to have breached the duty of care. Finally, the breached duty of care must have caused your accident. For example, if someone ran a red light, causing you to break an ankle in the accident, you may prove that the defendant was negligent and recover damages in court. However, if you were fine immediately after the accident but stepped in a hole at the accident scene, causing the broken ankle, it is possible the defendant may not be held accountable.

If you or a loved one has been injured and feels a car accident claim is necessary, contact Lundy Law to learn what rights you may have. You can arrange for an initial consultation by calling 1-800-Lundy Law or completing the simple form on our website.

What You Need To Know About Elderly Slip And Fall Accidents

July 22, 2016

What You Need To Know About Elderly Slip And Fall Accidents

Although slip and falls can be dangerous for anyone, they are especially dangerous for the elderly. Unfortunately, older people tend to slip and fall more often than younger people. Even worse, injuries sustained by older people, even those considered to be relatively minor, can be debilitating. As we age, we take longer to heal and there is an increased risk of complications.

Damages in Slip and Fall Incident

It is possible that you or your loved one may be eligible for compensation after elderly slip and fall accidents. In order to qualify for damages, however, there are certain burdens of proof that must be established. There must have been a dangerous condition that led to the fall and that dangerous condition must have been due to negligence on the part of someone else.

Dangerous Condition

You have a right to expect that reasonable care be taken to protect you from injury and when reasonable care is not taken, resulting in a dangerous condition, you may be eligible for compensation for any damages or injuries. An owner must address reasonably foreseeable conditions that could lead to a slip and fall on their property.

If it snowed the night before and your elderly relative slipped and fell on ice that was not cleared from a walkway, the owner may be liable for their injuries as it was reasonable to expect that ice would have been cleared the next day. However, if snow had begun falling just moments before the fall, the owner may not be responsible as they could not reasonably have cleared the pathway.

Recovering for Negligence

In some cases, negligence may be the cause of elderly slip and fall accidents. There are four elements that must be proven in order to claim negligence:

  • Duty – the person responsible had a duty of care to act as another reasonable person would have
  • Breach – the person responsible breached that duty of care
  • Causation – that breach caused the injury to the elderly person
  • Harm – harm was done to the elderly person

If your elderly relative slipped on a patch of ice, the owner of the property breached their duty of care when they did not clear the ice in a timely fashion. If the elderly person suffered no injury, there would not be a claim for negligence as no harm was done. However, if your relative was injured and the slip on the ice caused the injury, they may be eligible for a premises liability claim.

If you or a loved one has been involved in an elderly slip and fall accident, contact the attorneys at Lundy Law to learn what rights you may have. You can arrange for your initial consultation by completing the simple form on our website or giving us a call at 1-800-Lundy Law.

Curiosity: Human Nature and the Cause of Rubbernecking Accidents

July 15, 2016

Curiosity: Human Nature and the Cause of Rubbernecking Accidents

Let’s face it, we are all curious, whether it is about an event happening in our neighborhood or something our neighbors have done to their yard. When we come upon an auto accident, it is only human nature to slow down and look at what took place, something commonly called “rubbernecking.” Unfortunately, there are many instances where rubbernecking leads to another accident. In fact, you may not realize that it is a form of distracted driving.

Distracted Driving

Most of the time, when we think about distracted driving, we think about texting or talking on a cell phone. You probably never even considered that turning to look at what is happening on the side of the road out of curiosity is just as dangerous as texting your husband that he needs to pick up milk on the way home. If you are paying attention to something happening off the road, whether it is a group of protesters, a car accident or a construction zone, you are not giving your full attention to the road or the traffic around you.

How Common Are Rubbernecking Accidents?

It is difficult to determine exactly how common accidents caused by rubbernecking are as few people want to admit that they were too busy looking at something on the side of the road to pay attention to what was in front of them. Rear-end collisions often occur near the scene of other accidents, leading many researchers to suspect rubbernecking as a major cause. The fact is that taking your eyes off the road or the traffic in front of you, even for an instant, can lead to serious collisions.

Involved in an Accident?

If you have been involved in an accident with someone who was rubbernecking, it is important to contact an attorney. Our attorneys can advise you what rights you have under the law, working with you and the insurance companies to get you the compensation you are entitled to receive. It is also important to get medical attention, even if your injuries seem minor. What seems to be a minor injury at first could actually become serious as time passes, so it is important to have any injury documented as soon as possible.

If you or a loved one has been injured in an accident due to someone else’s rubbernecking, contact the personal injury lawyers at Lundy Law. You can arrange for your initial consultation by calling 1-800-Lundy Law or completing the query form on our website.

Drug Recalls & Market Withdrawals

July 8, 2016

A look inside prescription drugs and why they get removed from the market

Drug Recalls & Market Withdrawals

All medications released for public use must be approved by the United States Food and Drug Administration. In most cases, the drug goes through a rigorous testing process to insure that it is safe for the public. However, there have been cases where a drug has been released only to find that it can cause serious side effects that were not discovered during the testing process. When this happens, the manufacturer or the FDA may issue a drug recall or pull the drug from the market completely.

How Does the FDA Know of a Drug Problem?

The FDA continues to monitor the drug once it is placed on the market. When new side effects are discovered, the organization may simply update the label to warn of the new side effect or they may request that the manufacturer remove the drug from the market if the side effect is dangerous. In addition to FDA monitoring, doctors and consumers may report any adverse reactions to the FDA through an online reporting system.

Pulling the Drug from the Market

If a side effect or interaction is deemed to be dangerous to patients, it may be pulled from the market. Manufacturers often make the decision to voluntarily recall a drug that appears to be unsafe, or the FDA can order them to remove the product. In some cases, the drug may cause additional health problems such as heart attack, stroke or uncontrollable internal bleeding. A dangerous interaction with a common drug or food may also trigger a drug recall. There have also been instances when a manufacturing or packaging error led to a drug recall.

How a Recall Works

Normally, a manufacturer will issue a voluntary recall after receiving a significant number of complaints from patients, after clinical trials or a problem at a manufacturing plant. The FDA maintains a database of product recalls so patients can check to see if a drug they are taking has been recalled. If the manufacturer does not remove the drug voluntarily, the FDA can order them to do so. Patients can return drugs in a recall and receive a refund. A recall is different than a market withdrawal. In most cases, a market withdrawal occurs when a drug is pulled from the market, normally due to declining sales or increasing litigation based on dangerous side effects.

If you or a loved one have been injured by a drug that has been recalled, contact the personal injury attorneys at Lundy Law to learn what rights you may have. You may set up an initial consultation by calling 1-800-Lundy Law or completing the simple form on our website.