Personal Injury Archives | Ahlander Injury Law

What to Expect When Filing a Personal Injury Claim

March 20, 2023 by Big Leap

Seeking justice and financial compensation after being wrongfully injured by someone else can only be achieved through a personal injury claim. To guarantee a successful outcome, it is vital to understand your rights as an applicant. Proper preparation ahead of time will help the process progress smoothly too.

To maximize the success of your claim, here are some key recommendations to follow throughout its lifespan. Arm yourself with this expert knowledge and you’ll be sure to realize an optimal result from your claim.

Consult a personal injury lawyer

Taking the initial step of consulting a proficient and well-versed personal injury attorney is essential when filing a personal injury claim. A qualified lawyer can help you understand your rights and legal options in the case.

Experienced lawyers can direct you on the types of proof that will back up your claim, how to effectively negotiate with insurers, and any additional relevant matters. Before making any commitments, ensure that you have addressed all fees and associated costs with the lawyer’s services.

Gather evidence and build a strong case

Assembling evidence and putting together a solid claim is one of the most essential stages in pursuing legal action. Merely notifying someone that you have been hurt will not be enough to prove fault – it is equally important to provide substantial proof that your injury was caused by another party’s negligence or wrongdoing.

If you are hoping to move forward with your claim, then it is vital that you collect a substantial amount of evidence. This could include pictures from the accident scene, medical documents or invoices, proof of lost wages, testimonies from witnesses, and any other pertinent files. The effort you put into gathering these pieces of information may be daunting, but it will all pay off in the end.

Timeline of a personal injury lawsuit

To start a personal injury lawsuit, the plaintiff must file a complaint with the applicable court. This document will contain information regarding what happened and list any legal solutions they are requesting to resolve their situation. The defendant then has an opportunity to answer the complaint with either an admission or denial of liability. The next step in the process is usually discovery, during which both parties exchange evidence and information related to the case. After the discovery process, both parties may attempt to reach a settlement agreement through either a conference or by meditating. When an agreement cannot be achieved, both parties must bring the dispute to court and move forward with litigation. During this process, each party has the chance to present their proof and arguments before a judge or jury. If the defendant is found liable, then the court must decide what amount should be awarded to reimburse damages inflicted on the plaintiff.

With the right preparation and legal counsel at your disposal, you can successfully move forward with filing a personal injury claim and receive the compensation you deserve for what happened to you.

Find an attorney to assist with your case. Click here to learn more about Ahlander Injury Law and get in contact with a car accident lawyer.

The Role of Comparative Negligence In Personal Injury Cases

March 6, 2023 by Big Leap

The complexities of personal injury cases can have a profound influence on their outcomes, one such factor being comparative negligence. Comparative negligence is an established legal standard used to determine each participant’s level of fault in an accident, as well as the ensuing damages and injuries that result from it. In this article, we will delve deeper into how your own actions may impact any case where comparative negligence becomes relevant.

What is comparative negligence?

Comparative negligence is an important legal concept employed in personal injury cases to apportion blame. It allows the court to allocate fault between a plaintiff who has suffered harm and a defendant being sued for damages, with some states using it as a defense argument that the injured party’s actions contributed to their own injuries.

How does comparative negligence work?

Comparative negligence can be applied in one of two ways: pure comparative negligence or modified comparative negligence. In a pure comparative negligence state, the plaintiff can recover damages even if they are 99% at fault for their own injuries, but their award will be reduced by their percentage of fault. For example, if a plaintiff is found to be 50% at fault for their own injuries, they will only be able to recover 50% of their total damages.

In a modified comparative negligence state, the plaintiff can only recover damages if they are found to be less than a certain percentage at fault (usually 50%). If they are found to be more than that percentage at fault, they cannot recover damages at all.

How can your own actions impact your case?

If you’re engaged in a personal injury case, your actions before the accident could have an impact on the result. For example, if you get into a car crash and it’s determined that you were texting while driving, partial liability for your injuries can be assigned to you–which will likely decrease whatever compensation is given to you.

If you have been hurt on someone else’s property, it is possible to reduce your damages if liability can be established. However, if evidence shows that you were trespassing or being careless when the injury occurred, a court may decide that you are partially liable for your own injuries and adjust how much they will provide in compensation accordingly.

It’s important to note that even if you are found to be partially at fault for your injuries, you may still be able to recover damages. However, the amount you are able to recover will be reduced by your percentage of fault.

Comparative negligence is a legal concept that can drastically sway the outcome of any personal injury lawsuit. Therefore, if you are considering filing for a claim after an accident, it’s paramount to comprehend how your own behavior could determine the results of your case. To ensure that all rights and entitled compensation be safeguarded in this process, enlisting assistance from an adept personal injury lawyer would prove beneficial.

Caring for Injuries From a Car Accident

December 20, 2022 by Big Leap

Being in a car accident can be a harrowing experience, but it also leaves a physical impact on you. Injuries sustained in a car accident can keep you from your daily life and affect you in ways you might not expect. You need to know how to properly care for yourself after an accident.

Evaluate Obvious Injuries

Immediately after the accident, you should assess all parties involved for injuries. Some injuries will be more obvious such as cuts or scrapes. Determine if you’re injured, where you’re injured, and how serious the injury is. If you or anyone else is injured, you should call emergency services to make sure they get the medical care they need. Even if there are no obvious injuries, you should call the police who can help with traffic control. There’s a lot to take care of after an accident, but you should make your health and safety a priority.

See Your Doctor

Not all injuries from an accident are immediately obvious. For example, if you hit your head and receive a concussion, it might not be clear right away. Some people may also experience neck pain from whiplash. Injuries such as these can become more obvious a few days after. Because of this, it’s a good idea to see your doctor to get checked out. Your doctor can help you identify any injuries you weren’t aware of and they can get you treatment. Additionally, your doctor can be an official witness of your injuries when you are trying to get compensation from the insurance companies.

Take Time to Recover

Life gets pretty busy and you may feel like you can’t take a break from it. However, it’s better for your health if you take the time to recover. Work, school, and other obligations can wait. After all, you won’t be able to function or accomplish your duties well if you are injured or unwell. Take time to rest and heal from your accident. If you’re concerned, you can explore the coverage your insurance offers. You can receive coverage for lost wages due to injuries you’ve sustained in a car accident.

Injuries from car accidents are very serious. It’s important for you to get proper medical attention and to take care of yourself following the accident. Your insurance company should provide you with compensation for the accident, injuries, and more.

Struggling to get the compensation you deserve? An accident injury lawyer can assist you. Click here to learn how Ahlander Injury Law can help with your car accident case.

How Posting on Social Media Can Hurt Your Injury Case

July 6, 2022 by Big Leap

When it comes to the legal world, you need to be careful with everything that you say and do. This includes everything you post on social media. When insurance companies and opposing legal teams are looking for evidence, they will often search your social media for any posts that can be used against you. What you post can seriously affect your injury case.

Pictures Taken Out of Context

One way your social media posts can be used against you is by taking pictures out of context. For example, if you post pictures after your accident and it appears like you’re fine, then insurance companies and other legal teams can take those pictures and claim that you’re fine and that you don’t need the compensation you are asking for. Pictures don’t always show the full story and they can be interpreted in many different ways. If you are going through any kind of injury case, then it is best to avoid social media for a while to avoid any complications with your case.

Admitting Fault

If others hear about your injury, they may use social media to contact you and ask you about your injury, your case, and the situation as a whole. To make things easier, you may be tempted to post an update on your account so you don’t have to tell the story multiple times. If you post about the injury, you are only posting your side and your recollection of the events. This can also be taken out of context or used against you. In some cases, your social media posts can actually be seen as you admitting fault for the situation. Again, it is best to avoid social media until your case is resolved.

Talk With Your Attorney

The best way to avoid any complications while dealing with your injury case is to talk with your attorney and see what they advise. They can let you know what social media usage would be appropriate and when you may incriminate or hurt yourself in the process. Working with your attorney will give you a more favorable outcome overall and they can guide you through the process so your actions don’t cause any issues.

Social media is a constant part of many people’s lives. It may be hard to stay away from it or cut it out of your life for a time. However, any post you make can have a drastic impact on your case and it’s best to avoid it altogether.

Were you recently injured? Click here to find an attorney to assist with your case.

How to Stay Safe in the Workplace

May 4, 2022 by Big Leap

While it is largely your employer’s responsibility to keep you safe while at work, there are still steps you can take to ensure your own safety. Taking these measures can help you prevent accidents or injuries in order to keep you and your coworkers safe.

Keep Your Workspace Clean

No matter what type of job you have, you want to make sure your work area is clean. When it’s messy or things are disorganized, there’s a higher chance of accidents occurring. Keep your area organized. If everything has a designated place, it’s easier to keep things from becoming a mess or a problem. If you spill anything, clean it up immediately. Failing to clean up spills quickly leads to more slips and falls. Throughout the day, find ways to clear your workspace. You want to make sure you have a clear walkway and an organized area.

Report Any Hazards

Many accidents and injuries can occur simply because people aren’t aware of hazards. If you find any kind of hazard in your workplace, you need to report it immediately. When hazards are reported, they can be addressed in the proper fashion including putting up signs, sectioning off an area, or finding ways to remove the hazard. When you report hazards in the workplace, you make the area safe for you and all of your coworkers. To further ensure a safe work environment, encourage fellow employees to report any hazards they may find.

Participate in Safety Trainings

Your workplace should be providing you with safety trainings. Often, these occur when you are first hired, but they may also take place periodically throughout your employment. Trainings exist to inform employees of the hazards in the workplace, how to avoid or deal with them, and what protocols to follow to stay safe. Keep in mind that some protocols can change over time and there might be updates at each training. For your own safety, make sure you attend these trainings and pay attention to what is taught. This can better prepare you to handle any hazards you may face and you can reduce your risk of injury.

Staying safe at work is not always a guarantee. Your actions, and the actions of your employer, can make a major difference in whether or not accidents or injuries occur. Even when you do all you can, they may still take place and fortunately you are protected in the form of workers’ compensation.

Have you been injured on the job? Click here to contact an attorney who can help you understand your workers’ compensation and get the treatment you deserve.