What Not to Do in a Deposition | Brooklyn Injury Lawyer

During a deposition, a witness gives a statement under oath by responding to an attorney’s questions. A deposition allows one side to find out what the witness knows about the case. A court reporter, like a court reporter NY trusts, records these questions to preserve the witness’ testimony.

If you are asked to participate in deposition, here are some useful tips to follow:

  • Tell the truth. One of the most important things you can during a deposition is tell the truth. If you lie about anything, you could get into legal trouble.
  • Do not testify about a document without reading it first. It isn’t a good idea to answer any questions about a document until you actually see it.
  • Do not attempt to expand or explain the answer. Avoid providing more information than you are asked. If the examiner wants to find out more, he or she will ask another question.
  • Do not offer opinions about people. Quoting conversations you’ve had with people isn’t a good idea if they are paraphrased. Also, don’t ever make ethnic derogatory statements.
  • Do not think under any circumstances that the examiner is your friend. No matter how nice the examiner seems, remember that he or she isn’t your friend. This person may even try to set you up by restating testimony in a negative light and say facts that aren’t true.
  • Do not answer any ambiguous or compound questions or any you do not understand or a question with two possible answers. If you don’t understand a question, don’t hesitate to speak up. Just ask the examiner to rephrase the question.
  • Do not answer questions with unclear or misleading statements or those containing half truths or misstatements. If the examiner tries to get you to agree to a false statement or something you didn’t say, tell him or her that the statement isn’t true.
  • Do not go beyond your true recollection. If you don’t remember a certain fact, don’t try to guess what it is. Instead, tell the examiner that you simply don’t remember.
  • Do not answer any question too quickly. Before you answer any question, you should stop and analyze it in your mind. This will give you time to craft a thoughtful answer.

If you are asked to give a deposition, you may want to have a personal injury lawyer there with you. He or she can protect your rights and ensure only appropriate questions are asked.

Veritext Legal SolutionsThanks to our friends and contributors from Veritext for their insight into depositions.

 

FAQs About Asbestos Abatement | Brooklyn Injury Lawyer

There is a common misconception that asbestos is no longer a problem or that it is only a concern in older houses. In fact, there are thousands of asbestos-containing products — ranging from floor tiles and roofing tar to plaster and joint compounds — that are still in use today. The following are answers to some of the most common questions that we receive regarding asbestos and asbestos removal.

Q: What exactly is asbestos?

A: Asbestos is a fibrous, heat-resistant mineral that occurs naturally in certain rocks and soil. The strength of the fibers and their ability to withstand high temperatures made asbestos a popular component in everything from construction materials to firefighting gear for many years. The Environmental Protection Agency (EPA) placed limits on the use of asbestos starting in 1989 because of the link between the material and serious health conditions.

Q: Do I have to worry about asbestos if I live in a newer home?

A: According to the EPA, asbestos use in rollboard, corrugated paper, specialty paper, commercial paper, and flooring felt is prohibited, along with new uses of asbestos. Other asbestos-containing products, however, can still be imported, manufactured, processed, or distributed in the United States. While you are most likely to encounter asbestos in an older home, it is still possible for there to be asbestos-containing materials in a home built after 1989.

Q: Why is asbestos dangerous?

A: Certain asbestos-containing products are considered “friable.” This means that they easily turn into a powder that can easily become airborne when disturbed or damaged. When inhaled, these particles can become lodged in the lungs, which can lead to serious diseases. In some cases, these illnesses do not become apparent until years or even decades after the exposure.

Q: What health conditions are related to asbestos exposure?

A: The most common health conditions related to asbestos exposure include:

  • Lung cancer
  • Asbestosis: a progressive lung disease
  • Mesothelioma: a rare cancer of the lining of the lungs and other internal organs

Q: How can I tell if there is asbestos in my home?

A: One of the easiest ways to determine if you have asbestos in your home is to contact a professional asbestos abatement service. The company can test the air quality and take samples of suspicious materials for further analysis.

Q: What should I do if I have asbestos in my home?

A: The first step is to contact an asbestos abatement company. If the material is in good condition and unlikely to be disturbed, it may be possible to leave it in place. If the asbestos-containing material is damaged or likely to become airborne, the abatement company can implement the appropriate remediation measures. We do not recommend that homeowners attempt asbestos removal on their own. A licensed remediation company will have the necessary equipment to remove and dispose of the materials safely.

Q: Do I have to disclose the presence of asbestos when I sell my home?

A: Disclosure is not required under federal law; however, it may be necessary under state or local law depending on where you live.

Each asbestos removal has unique concerns, and therefore, you should turn to asbestos removal Los Angeles CA can trust.

If, however, you think you or a loved one has been injured by improperly removed asbestos, or long term asbestos exposure, you may be entitled to compensation. Contact a personal injury lawyer today.

Nielson EnvironmentalThanks to our friends and contributors from Nielsen Environmental for their insight into asbestos cases and asbestos abatement

7 Reasons Your SSDI Application Was Denied

If you’ve been denied SSDI, you may be confused about what happened. As a Social Security Disability Lawyer Memphis TN has trusted with hundreds of SSDI cases, I’ve seen it all. And I can tell you there are a few common and specific errors that usually cause the problem. Here are the 7 reasons I most often see SSDI claims get denied:

  1. You provide insufficient evidence of a disability.

The SSDI application can be extremely complicated and varies from person to person. Sometimes you need additional medical evidence, like test results you may have forgotten, or strong testimony from a doctor. Or you might need proof the disability leaves you with no other options. I’ve seen people be denied simply for having the doctor’s testimony worded the wrong way. There are specific ways to describe your situation that can make the application more successful.

  1. You haven’t built up enough work credits.

Your work history affects your SSDI claim. Every pay period, you and your employer both pay into the disability program just like an insurance policy. That’s how the government funds the system. The Social Security Administration looks at how long you’ve worked to help determine if you’re eligible for benefits.

  1. You make too much money.

It can seem counter-intuitive, but people who receive SSDI can still earn an income – at least a small one. Sometimes you might want to sell something on eBay, for example, or do some light freelance work from home. But if you make too much on the side, it can affect your benefits.

  1. Technical errors occur on either end of the application.

I’ve seen applications with numerous errors because the person preparing it didn’t know how to fill out the forms or what was being asked of them. Applying for SSDI can be frustrating at best, and putting together the many documents needed can get confusing after a while. But I’ve also seen these errors occur at the SSA. The people working there are only human, after all, and mistakes happen. When the SSA makes a mistake, you can appeal. They set up that system so no one gets lost in the process who really needs the benefits.

  1. You didn’t get a lawyer.

The vast majority of SSDI claims get denied on the first round for many of the reasons listed above. But statistically, you have a much better chance of success if you work with an attorney. SSDI lawyers will help you put together the strongest claim possible. They’ll catch mistakes as they happen. And if you are denied, they help you with the appeal. It can make all the difference in whether your application goes smoothly.

If you’ve been denied, you have 60 days to appeal. Speak with an attorney in your area who has had success reversing disability claims. They will help you figure out the changes you need to make so you have a better chance the next time around.

Darrell Castle & Associates, PLLCThanks to our friends and contributors from Darrell Castle & Associates, PLLC for their insight into applying for Social Security Disability benefits.

Sports League Injuries: How to File a Personal Injury Claim | Brooklyn Injury Lawyer

People of every age from all over America participate every year in an array of sports, and some are even involved in more than one type of sports leagues, like a lacrosse league Maryland athletes love. If you participate in, for example, a football camp and have been injured while playing, you should look into compensation for your medical bills. You might even want to know how to file a personal injury claim against a party you believe was at fault for the particular accident that resulted in your injury. However, before you do so it is imperative you understand your rights before you begin pursuing your personal injury claim. This also includes understanding the possible benefits of working with a personal injury lawyer.

Preparation for Filing a Claim with an Insurance Company

Before you submit your claim to the insurance company, there are a few important actions that you must take. Make every effort that you can to log your injuries and the scene of the accident. Documenting your accident means taking pictures, seeking out any witnesses that agree to testify and writing down anything you can remember about it. If you were hurt playing basketball for example, you should take a video or a few pictures of the part of the court where the accident took place. You should also be sure to include any flaws or uneven surfaces visible on the court that may have caused the accident. If you can try and collect a concise statement from any witness that saw the accident, have them sign and date their personal statement. The last thing you should do before you file a claim for damages is obtain a thorough physical evaluation of the injuries you sustained from a doctor. It is vital to get medical treatment for your sports league-related accident so that you do not hurt yourself any further. It is very important to get written documentation of that care from your healthcare provider so that your claim will be more solid and sound. You should make sure the documentation given to you specifies the extent and nature of the injuries as well.  

Filing with an Insurance Company

After you complete the first steps in pursuing a claim for damages, you will be in a good position to file the actual claim for compensation and damages with the insurance company. You must hold yourself accountable and be very aware of claim filing deadlines established by the insurance company that are within state laws and the insurance policy. The insurance company should supply you with a claim form to fill out. Take precaution in completing the claim form and if you choose to work with a personal injury lawyer, they will review the form for any errors. The insurance company will want to interview you very soon after the accident so that they can elicit statements from you that will result in minimizing your compensation, or even in extreme cases denying your claim. If you have a personal injury lawyer, they will prep you for this type of interview so that you will say things in a way that cannot be manipulated. Having your legal counsel present with you at this interview will very often increase the odds of a reasonable and  fair settlement that is ruled in your favor.

Performance Sports SystemsThanks to our friends and contributors from Performance Sports Systems for their insight into sports league injuries.

TIPS ON HOW TO SETTLE YOUR SLIP & FALL CLAIM

Slip and fall claims can be tricky, if undertaken improperly they quickly become a he said/she said situation. If you’ve been injured in a slip & fall, follow the steps below to ensure fair compensation for your injuries:

  1. Gather Documentation

Proving you were injured in a slip and fall is not usually that difficult, your medical records will speak for themselves. Proving someone negligently created the conditions in which you fell, that can be a bit trickier. To successfully settle a slip and fall claim, be sure to have as much documentation of the incident as possible. Such documentation may include:

  • Incident Reports: Businesses are often required to create internal incident reports when someone is injured on the property. Such a report may not only describe the incident, but who witnessed it and which employees were involved.
  • Photos: Many slip and falls occur due spilled liquid on slippery floors. Eventually, that liquid will dry up and with it any documentation of the hazardous condition that existed. Photos of the condition that caused the slip and fall are essential to your claim and, with the popularity of smartphones, not difficult to obtain.
  • Surveillance Video: A company’s surveillance video footage can show how long a hazardous condition existed before you were injured. Be sure to request the video immediately as the average lifespan of surveillance footage is one week to one month.
  • Witnesses: Ask anyone who witnessed the fall if they’d be willing to provide a statement.
  • Medical Records & Bills: From x-rays to invoices, all medical documentation is useful in settling a slip and fall claim. 
  1. Hire an Attorney

Regardless of the severity of your injuries, you should always look for an experienced personal injury or brain injury lawyer Phoenix AZ trusts to help you file your claim. Insurance companies have teams of experienced adjusters, investigators, and lawyers trying to settle your case for as little money as possible. Even if you make your claim your full-time job, your knowledge and expertise will not match theirs.

Personal injury attorneys, however, dedicate their practice to helping clients like you.  Experienced attorneys are well versed in the law, they know the rules, procedures, and weird kinks about the legal system. If you hire legal representation, you are more likely to receive a higher settlement than if you attempt to handle the case on your own.

  1. Give it Time

Injuries sustained in a slip and fall can often take awhile to fully manifest. Settling your case too soon may prevent you from receiving compensation for injuries that later complicate. Don’t let the insurance company and their flashing dollar signs distract you from what is most important- your health and recovery.

If you’ve been injured in a slip and fall and are not sure about your options, contact a lawyer today.

Kamper Estrada LLP Thanks to our friends and contributors from Kamper Estrada LLP for their insight into slip and fall claims.

Dog Bites Up Nationwide

Dog bites appear to rising nationwide as a new insurance claim poll shows a surge in reports of these types of attacks.

As reported by Bloomberg News, claims through insurers for dog bites in the United States increased by 18 percent in 2016. There were fewer than 16,000 claims in total throughout 2015, but that figure jumped to 18,123 for 2016. Insurance industry groups peg the average attack cost as $33,230, which is lower than the $37,214 per-incident price tag of 2015 but more than 70 percent higher than 2003’s figures. The general nationwide increase in medical care costs and the bigger settlements associated with these attacks is behind the surge in claim cost, according to the Insurance Information Institute.

The biggest provider of coverage for property incidents in the US, State Farm Mutual Automobile Insurance Co., said that its own dog bite costs have increased by 15 percent in 2016, amounting to over $121 million dollars for just last year alone. State Farm also said that children accounted for more than half of the injuries related to the claims they received. According to Loretta Worters, an Insurance Information Institute Vice President, children are simply more vulnerable and also need to learn proper animal interaction from their parents, which includes not running away from an animal and asking for permission before petting any animal. Pet owners, the institute says, need to socialize their puppies so they learn proper behavior while they’re still young and have dogs neutered or spayed to help curb aggressive behavior.

Children are not the only increasing target of dangerous dogs in the country as attacks on postal service workers are also on the rise. NPR says that the United States Postal Service (USPS) reported 6,755 dog attacks on its employees in 2016, which is up by 200 from 2015. Los Angeles was at the top of the attacks location list, with 80 last year, followed by other major cities such as Cleveland, Houston and Louisville, Kentucky. USPS currently recommends that pet owners place their dogs in a different room during delivery times if the carrier delivers their mail to their front door. The service also asks that people indicate whether they have dogs at their address on the USPS official website so that carriers unfamiliar with a neighborhood are aware of potential dangers.

Once thought of as just a nuisance, the public is now becoming increasingly aware of the dangers that dog bites pose and the potentially devastating consequences of an attack. The Centers for Disease Control and Prevention says that close to one out of every five dog bites end up infected and that the illnesses a person can contract from a dog bite include tetanus, rabies, the bacterial infection pasteurella, and MRSA, which is a difficult-to-treat staph infection that can carry severe complications.

If you or someone you care about has been attacked by a dangerous dog, you have rights. Speak to an experienced dog bite lawyer Denver CO relies on today about your case.

Thanks to our friends and contributors from Richard J. Banta, P.C. for their insight into dog bite cases.

What is safer: Uber, Lyft, or Taxi?

Many people are using ridesharing services like Uber and Lyft to get around. Uber has a net worth of $60 billion while Lyft has a value of $5 billion. The increased popularity of these ridesharing apps have made many people wonder if they are as safe as traditional taxis.

When considering taking an Uber, Lyft or taxi, it’s important for people to consider their safety.  Unfortunately, many people have complained about being harassed or assaulted by Uber, Lyft and taxi drivers over the years.

Below we will discuss how safe all of these transportation options are and help you decide which service you should use in your city.

Measuring the Safety of Uber, Lyft and Taxis

When you are thinking about taking a taxi, Uber or Lyft, there are several factors you can look at to determine the safety level of these services, including:

Background Checks

Taxi drivers are required to go through extensive background checks before getting hired. In San Francisco, for example, taxi drivers must go through a nine-step process involving drug testing and fingerprinting that takes several weeks. If they pass the background check, they are given a badge and a card, so passengers can know that they are in a taxi with a screened driver.

Background checks for Lyft and Uber are much less rigorous, however. To work for these companies, drivers have to register online and undergo a background screening through commercial vendors that use county, state and federal databases. These ridesharing companies may have a lot of work to do to ensure that their drivers are no threat to their customers.

Ride Records

One of the advantages of riding in an Uber or Lyft is that there is a detailed record of every ride. The software system will show the identities of the passenger and driver, the pickup and drop-off points and the time and date of the trip. If you ride in a taxi, none of this information will be on record.

Driver Ratings

Uber and Lyft also give riders the opportunity to rate their experience with a driver. This lets others riders see if there were any complaints reported about certain drivers. Taxi companies, on the other hand, don’t give riders the option to rate their drivers.

All in all, the safety features and benefits offered by ridesharing companies are better than taxis. These ridesharing companies just have to improve initial background check standards.

If you think you’ve been injured in an accident due to someone else’s negligence, contact a car accident attorney Des Moines IA trusts. An attorney may be able to assist you get the compensation you deserve.

Johnston Martineau PLLPThanks to our friends and contributors from Johnston Martineau PLLP for their insight into car accident cases.

Arizona Department of Transportation Report on Wrong-Way Driving

 

The Arizona Department of Transportation has studied wrong-way crashes in Arizona, between 2004-2014, the report offers insights regarding why and how such crashes occur. The report looked at 268 wrong-way crashes, 68 had fatalities. A Phoenix personal injury attorney can assist injured victims or their families. Seven people have died in wrong-way collisions so far this year in Arizona. A double fatality on State Route 51 transition ramp recently occurred less than a week after authorities say a wrong-way driver was killed when his vehicle slammed head-on into a commercial truck on a ramp linking Interstates 10 and 17.

 

On April 14, three Grand Canyon University students died in a wrong-way collision on I-17. The ADOT report found that wrong-way crashes tend to be more destructive. A quarter of all wrong-way crashes are fatal, that number is 1 percent for other crashes on divided highways. Further findings include the following:

 

Wrong-way crashes are rare, one in 10,000 crashes involves a wrong-way driver.

 

Wrong-way drivers tend to be impaired. Two-thirds of the drivers caught consumed alcohol or drugs. More than 40 percent of those that were impaired had more than double the legal limit of alcohol in their system. The chances a wrong-way driver is impaired are 13 times greater than drivers in regular crashes.

 

A wrong-way driver is more likely at 2 a.m. than at any other time of day. ADOT recorded more than 35 crashes in the hour after bar closing time. The next closest was around 20 in the two hours just prior to closing time.

 

Wrong-way crashes peak on Saturday nights, to Sunday mornings.

 

There are three times as many wrong-way crashes in July as February.

 

Drivers between the ages of 26 and 35 make up the largest portion of wrong-way drivers.

 

Two-thirds of the drivers in wrong-way crashes were men, and this is more likely for men younger than 35.

 

Nationally, the number and rate of fatal crashes have steadily been falling for decades, while the number of fatal wrong-way crashes has been increasing.

 

National trends mirror Arizona data. The National Transportation Safety Board has reported that:

 

  • Although they are relatively rare highway occurrences, wrong-way collisions tend to be severe events resulting in fatalities, and the number of fatalities, averaging over 300 per year, has remained essentially unchanged in recent years.

 

  • Wrong-way collisions occur most often at night and during the weekends; they also tend to take place in the lane closest to the median.

 

  • Driving while impaired by alcohol is the primary cause of wrong-way driving collisions.

 

  • Alcohol impairment continues to be present in about one-third of all fatal highway accidents, resulting in more than 10,000 deaths per year.

 

If you or a family member suffers an injury or needs a skilled attorney like a Phoenix personal injury lawyer you can trust, contact one immediately.


Thanks to our friend and contributors from the Law Office of Paul Englander PLC for their insight into personal injury practice.

 

Can You Sue a Hotel for Bedbugs?

Anyone who has ever been bitten by bedbugs knows that it is a very unpleasant experience. These little menacing critters like to hide in mattresses, bedding, and other items that humans frequently use. To make things worse, they wait to attack when you are the most vulnerable: when you are sleeping.

Hotels are required to adhere to certain standards when it comes to pest control and if you have been bitten by bedbugs while staying at a hotel, you may be asking yourself, Can you sue a hotel for bedbugs? In most circumstances, the answer is yes, but you may require the help of a personal injury lawyer Fort Lauderdale FL trusts to seek compensation for injuries and damages.

What Are Bedbugs?

Bedbugs are small, flat parasitic insects that feed on the blood of animals and humans while they sleep. According to the Centers for Disease Control and Prevention, bedbugs are a resurging problem all over the world that causes inconvenience, property loss, and expense. The bites from these pests are extremely painful and itchy and may cause loss of sleep, among other problems.

Bedbugs are not known to spread any diseases or considered dangerous, but they do pose a health risk. It all depends on the severity of the bites. They can become a bigger problem if they cause allergic reactions or skin infections as a result of excessive scratching.

Evidence of Bedbugs

In order to successfully sue a hotel for bedbugs, it all boils down to whether you can prove negligence. This will require proof showing that the hotel failed to properly inspect the premises or failed to properly deal with a known bedbug infestation. Proving negligence in these specific cases can be difficult: bedbugs are not easy to kill, and even if one bug is left alive, it can repopulate an entire home very quickly.

If you have a smartphone or camera, you should take pictures of the hotel room and the bedbugs to provide as evidence later. Bedbugs can usually be located in the fold of mattresses and sheets. They also leave rusty-colored spots on mattress where they excrete their blood-filled fecal matter.

You should also take pictures of any bite marks. Bedbug bites usually look similar to a mosquito or a flea bite. Oftentimes, bedbug bites will appear in a straight line but sometimes they appear randomly.

Proving Negligence

It may also be difficult to prove negligence if no one informed the hotel management about the bedbugs or reported actual bites. Although hotels have a legal obligation to inspect an area when there is a report of any kind of bug infestation, some courts may side with the hotel due to the fact that these bugs can reproduce so quickly. Sometimes, they can even reappear even after pest control treatment has been done.

Seeking Reimbursement

Sometimes there are clear-cut situations where you can find more than enough evidence to prove that the hotel improperly monitored or totally ignored a bedbug infestation. In these situations, you can file a lawsuit to seek reimbursement for the following:

  • New luggage and clothing
  • Medical bills
  • Lost wages
  • Temporary lodging
  • Home inspections
  • Pest control treatment of your home
  • Pain and suffering

Contact a Lawyer

Bedbug bites can be considered a serious injury — just like a slip and fall accident or a car accident. If you have been a victim of bedbugs while staying at a hotel, you should contact a personal injury lawyer Fort Lauderdale FL relies on to find out more about how to file your claim.

Needle & Ellenberg, P.A. Thanks to our friends and contributors from Needle & Ellenberg, P.A. for their insight into personal injury practice.

Public Transportation accidents

Thousands of people choose to use public transportation as their way to get around every day. When they board a bus or train, they do so with confidence that they will arrive at their destination safe and without incident. Unfortunately, no system is perfect and accidents can happen within the public transportation system of a city. When these accidents do happen, they can cause injuries ranging from minor to catastrophic. If you have been the victim of a public transportation accident, you may be left confused as to what actions you can take.

When these accidents occur, they are almost always due to negligence. As a legal term, negligence means that a person or entity had a duty to act a certain way, that they failed to properly act in this way, and this failure led to the injuries or damages of a victim. In the case of public transportation systems, the employees and agencies that run the trains and busses have a duty to their passengers to ensure that they get to their destination safely. When they fail in this duty, they can be sued by the victims of the accident for compensation for their injuries.

There are many things that can cause these accidents. To name a few, improper maintenance and bus or train operator error can lead to dangerous accidents that can claim lives. In both of these cases, the operators of the public transportation vehicles failed to properly protect their passengers and can be found negligent.

In most cases, the personal injury claim would be filed against the transportation authority responsible for the public transit system, not the individual operators of the vehicles. This is due to the legal concept of “vicarious liability,” which holds entities and businesses responsible for the actions of their employees.

If you have been injured in a public transportation accident, you should contact a skilled and experienced car accident attorney Dekalb County GA trusts. An attorney who is familiar with public transportation cases will be able to analyze the factors of your case and determine what path will be best for you. As the injuries that result from these accidents can be severe, you deserve the best representation to make sure that you are compensated for any medical bills or lost wages you incurred. With a skilled attorney, you can rest easy and heal knowing that your case is in good hands that are fighting for you.

Andrew R. Lynch, P.C.Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into public transportation accidents.