Truck Accident Lawyer

The good news is that tractor-trailer accidents are among the motor vehicle accidents that occur the least often. The bad news is that when large truck accidents do happen, they can result in extensive property damage and devastating injuries. Understanding the types of tractor-trailer accidents that can occur, as well as the causes that are often behind them, may help you to avoid a collision.

Types of Tractor-Trailer Accidents

Some types of tractor-trailer accidents can also occur among smaller passenger vehicles as well. Examples include head-on, rear-end, and T-bone collisions. However, because of the size, shape, and function of a tractor-trailer, some unique types of accidents can also happen.

• Under Ride: A small vehicle becomes lodged under the trailer when approaching from behind after a quick stop by the tractor.
• Wide Turn: The tractor-trailer driver squeezes cars between the truck and sidewalk when swinging left to make a right turn.
• Jackknife: The trailer skids outward in a 90-degree angle to the front cab when the driver brakes hard and fast.

Causes of Tractor-Trailer Accidents

A collision between a tractor-trailer and another vehicle may occur due to a number of different circumstances, more than one of which may occur at the same time.

1.  Drugs and/or Alcohol

Substance use is a leading cause of tractor-trailer accidents according to some studies. Even taking prescription drugs before getting behind the wheel can result in driver impairment.

1.  Load/Weight Issues 

It’s not only the truck itself that can pose a hazard, it is the load the tractor-trailer is hauling. Truck loading is regulated by strict loading procedures and weight limits, but improperly loaded cargo can cause danger to passing motorists by falling out.

1.  Speeding

Speeding is never safe, but the size and weight of the vehicle can make it even more dangerous in a tractor-trailer. Nevertheless, truck drivers may be tempted to speed due to the pressure of having a particular timeframe in which to reach their destination.

1.  Aggressive Driving

Either truck drivers or operators of other vehicles can engage in aggressive maneuvering. It is not unusual to see a truck accident caused by another driver following too closely or weaving in and out of traffic.

1.  Driver Fatigue

To meet tight shipping deadlines, truck drivers are often required to spend many hours on the road in continuous succession. As many as 40% of all U.S. tractor-trailer accidents could result from driver fatigue, according to National Transportation Safety Board estimates.

A truck driver is not automatically at fault for a tractor-trailer accident. Nevertheless, to operate such huge and powerful vehicles is to take on a great responsibility. A Philadelphia truck accident lawyer can evaluate your case and inform you of your options. Contact a law office today.

 

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Thanks to Wieand Law Firm, LLC for their insight into personal injury claims and types of truck accidents.

Personal Injury Lawyer

It’s not uncommon for personal injury lawyers to offer potential clients with complimentary case consultations. This is provided for a number of reasons. Not only can it help a personal injury lawyer to draw clientele, it gives them the opportunity to assess whether or not they are willing to accept your personal injury case. It’s important to keep in mind that this will also give prospective clients the ability to speak with a lawyer to determine if the are interested in retaining legal services moving forward.

Although the consultation offered can be mutually beneficial to both the lawyer and prospective client, it’s important that you carefully prepare in order to obtain the full benefits of a consultation. If you have been injured in an accident, and are trying to determine whether it’s in your best interest to take legal action, chances are you will consider whether you should hire a lawyer.

Here are some tips to bear in mind when preparing for your complimentary case consultation, so that you can make the most of the limited timeframe you have to spend with the lawyer:

Tip #1 Write Down Your Personal Account of the Accident

Having your account of the accident can not only help you to stay on track during your consultation, it can also serve as a key piece of evidence should it be in your best interest to take legal action.

Tip #2 Any Evidence that You Gathered

Bringing documentation for your consultation will give a prospective lawyer the ability to review the facts pertaining to your case. This can allow them to provide you with an accurate overview of your case. Documentation may include:

• Photographs or Videos
• Medical Documentation of Your Injuries
• Any Correspondence with the Defendant
• Police or Accident Reports
• Insurance Information
• Proof of your Financial Losses

Tip #3 Compile Your Questions

Coming prepared with a list of questions is important for a number of reasons. Not only does this ensure that you are able to get a clear picture of what the legal process entails, it can ensure that your case questions are answered during the consultation.

Tip #4 Review the Lawyer’s Website

Prior to sitting down with an attorney, you may want to take time to review your website and conduct basic Internet research regarding their reputation in the community. This can ensure that you are sitting down with a lawyer who has the experience you need when facing a personal injury claim, and that they are the right fit for your case.

Tip #5 Be as Concise as Possible

Know that you will only have a limited amount of time during the consultation to review your case and ask the questions you are needing answers to. Taking too much time to review one aspect of your case may leave you with further questions that you may not have time to obtain the answers to during the consultation. Make sure that you are prepared with the topics or questions that you want to be sure are covered prior to the meeting.

Considering whether it’s appropriate to take legal action for a personal injury case can be difficult to do all on your own. By preparing the necessary information for your case consultation prior to meeting with a personal injury lawyer in Bangor, ME, you can obtain a clearer picture of whether the lawyer will be a good fit for your case.

 

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Thanks to David Bate Law for their insight into personal injury claims and how to prepare for your consultation with a lawyer.

Bankruptcy Lawyer

If you owe a large amount of unsecured debt and can’t afford to pay it, then you’ll probably start looking for ways to negotiate with your lenders. Unsecured debt is any debt that doesn’t require you to put down collateral. If you have student loans, medical bills or credit cards, these all fall under the umbrella of unsecured debt. Once someone decides to settle debts, the question of whether he or she needs a lawyer comes next. Do you need a lawyer for debt settlement? In some cases, the answer is yes.

What Are Debt Settlement Attorneys?

Debt settlement lawyers and bankruptcy lawyers are very similar. If you’re starting to consider bankruptcy, you should visit a debt settlement attorney. He or she will help you take steps to avoid bankruptcy if you can. Lawyers won’t push you to bankruptcy right away. If there are other options, he or she will lay them out for you.

How Much Do Debt Settlement Attorneys Cost?

Already, you’re worried about your debts being too high; you don’t want to spend too much money on a lawyer. When money is an issue, the last thing that you want is to end up in even more debt. Fortunately, most debt settlement lawyers work on a contingency basis. This means that you don’t have to pay anything right away. Instead, if you win your case, then the lawyer will take a percentage. For instance, if the lawyer saves you money, then you would owe him or her a percentage of what you saved. Each lawyer establishes his or her own rates. This can change based on location or reputation. Always figure out the rates in advance.

Are Debt Settlement Lawyers Worth It?

If you want to lower the amount of debt that you owe, then an attorney is a worth it option. When it comes down to it, most creditors would rather get some of their money back, rather than none of it at all. This is what makes negotiations effective. If you try to work through debt settlement on your own, then you might not have as high of a chance as a lawyer who has experience and knows the ins and outs of debt settlement.

While you are not legally bound to an attorney when it comes to debt settlement, you should always consider a lawyer to help you when dealing with financial and legal matters. Debt settlement is complicated and if you want to get the best deal possible, you’ll want someone with experience advocating for you. For more information on how to settle your debts, contact a Memphis, TN bankruptcy lawyer today.

Thanks to Darrell Castle & Associates for their insight into bankruptcy law and debt settlement.

Personal Injury Lawyer

Let’s say you’re driving down your street on the way to the grocery store when a car pulls out from a stop sign and hits your vehicle broadside, overturning it.

After you crawl out of your sunroof, you see that the car in question was a police car, not with sirens on so that he would have had the right of way, but one who failed completely to look both ways when he pulled out from the stop sign, and hit you simply because he was not paying attention.

He was completely at fault, and he immediately apologizes.

Does that apology – for the record, if you are in an accident, NEVER admit fault, or say “I’m sorry” – give you a case worthy of a settlement? Was the fact that you were only a few car payments away from having a car completely paid off create a case?

After an accident, you’ll likely be inundated with flyers from attorneys hoping to snag your case – and giving you the idea that all car accidents are worthy of a settlement. But is it? In some cases, absolutely, but in others, unfortunately no, your settlement will come from an insurance company, and you have to hope that it is enough to cover the payoff sum of your vehicle.

In the case above, it would seem obvious, given that a police officer was the driver whose negligence was responsible for the accident – and the one given a ticket.

But there are some questions you need to ask first.

Is there an injury?

Injuries can be physical or financial, but are they serious enough for a legal settlement?

After a car accident, even a small accident, it’s important that you go to a doctor to make sure that you haven’t been seriously injured from the impact.

Car accidents cause pain, especially if there is a rollover or something more serious, because the impact jars your body. You can sustain whiplash or other serious neck injuries, pulled or strained muscles or pain in general. You may not notice it immediately due to the adrenaline rush of an accident, but only a doctor can know with certainty that there are no serious injuries.

If there are injuries, they still may not be enough to pursue a case.

In many states, there is a certain threshold that must be met before a lawsuit can be filed.

Under Florida law, for example, cases only quality for compensation aside from a traditional insurance settlement if you suffer:

•       Significant and permanent loss of a bodily function.
•       Permanent injury, as determined with a reasonable degree of probability on the part of your physician.
•       Scarring and/or disfigurement.
•       Death.

Of course, aside from death, the magnitude of any injury is subjective, and open to the interpretation of the court.

Is there liability?

If you can prove liability – someone failed to place a “wet floor” sign out, and you slipped and fell at an establishment, a driver was under the influence and hit you head-on, causing back injuries that make walking difficult, a doctor failed to note in his or her chart that you were allergic to a medication, and you suffered severe side effects – you likely have a case.

Your injuries must have been the result of another person’s negligence in order to prove liability.

Can your case be proven?

In a car accident case, a police officer’s report usually serves as sufficient evidence, even if there were no other eyewitnesses.

Other types of injury cases are tougher to prove.

Medical malpractice, for example, is notoriously difficult to prove in court, even if it is quite obvious that the injuries you sustained were the result of a doctor’s negligence.

That’s because laws are written to support doctors, not patients, and it usually requires a second opinion to prove your case to a jury. Doctors are quite reticent to testify against another doctor, even if the evidence is pretty clear-cut.

In the right attorney’s hands, however, a medical malpractice case is not impossible, but it’s important to choose one that has the financial means to pay for expert witnesses.

Will the potential recovery outweigh the costs of the lawsuit?

One of the most important things to consider before pursuing a lawsuit is the cost of the case – legal fees are usually around 10 percent, and you will invest more time than you can possibly imagine gathering evidence and preparing, although much will fall on your attorney – versus the potential settlement you can expect.

You’re likely to receive expenses for:

•       Medical bills
•       Lost wages
•       Pain and suffering.

If you are likely to be left with expenses after a trial, it’s not worth the time or the additional emotional stress associated with the legal process.

However, each case is different, and whether or not you should pursue a lawsuit depends on the sound advice of an experienced personal injury lawyer in Delray Beach, FL.

Thanks to Luckman Law for their insight into personal injury claims and qualifying for a settlement.

When healthcare providers fail to monitor an expectant mother’s blood pressure, blood loss, and other symptoms during and after childbirth, the resulting lack of proper maternal fetal medicine can be fatal for the mother. Though most women in the U.S. give birth without problems, about 50,000 suffer a life-threatening injury and around 700 die. Experts believe that at least half of these injuries and deaths are preventable but not without the mothers receiving adequate maternal fetal medicine. It’s a devastating fact that the U.S. leads developing nations in deaths and injuries to mothers related to childbirth.

 

When a woman’s blood pressure is not monitored closely before, during, and after childbirth, they may lose so much blood that their organs shut down. If their blood pressure climbs to high, they may suffer a stroke. Untreated blood infections or blood clots can be fatal. Even if the mother survives one or more of these conditions, they may be left with permanent paralysis or the inability to give birth to more children.  The greatest tragedy is that these conditions and losses can often be avoided because the technology and medical knowledge available to hospitals, doctors, and support staff are widely known and easily available. When healthcare mechanisms fail and subsequently lead to a serious or fatal injury, those responsible should be held accountable.

 

Preventing Mechanisms of Injury

 

Healthcare providers have a legal and moral responsibility to provide patients with a recognized standard of care. They can be held liable if they fail to take the same actions that other caregivers would under similar circumstances. Preventing the mechanisms that lead to injury of the birth mother is paramount in eliminating deaths and injuries that are otherwise avoidable. When a birth injury lawyer from our firm accepts a case, he or she will consider every possibility in determining if and how a healthcare provider failed in their duty to care for their patient. This includes their responsibility to prevent mechanisms of injury by ensuring the following:

 

•         Locating medical supplies and equipment near the mother should she experience a life-threatening condition such as internal bleeding, hemorrhaging, high or low blood pressure.
•         Doctors and nurses on all hospital shifts should be trained on how to recognize and properly respond to common injuries and emergencies and how to administer maternal fetal medicine as appropriate.
•         Doctors and nurses should monitor expecting mothers closely from the time they are admitted, during the delivery, and after the birth until the mothers are discharged. In some cases, post-birth monitoring may be necessary if there were complications during or after the birth. For example, if there was higher than normal but not immediately life-threatening blood loss, then the doctor should determine if the mother should remain in the hospital for observation.

 

Preventing Injuries and Fatalities Related to Childbirth

 

Families who have suffered the loss of a loved one during childbirth, or who are struggling to deal with an avoidable injury, have legal options for seeking justice. A lawyer represents those who received inadequate maternal fetal medicine that resulted in losses; call today for a free consultation with an experienced birth injury attorney in Phoenix, AZ.

 

Thanks to Rispoli Law, PLLC for their insight into personal injury claims and birth injuries related to inadequate maternal fetal medicine.

Personal Injury Lawyer

If you have made the decision to file for bankruptcy, it is no doubt at the end of a long and difficult decision-making process. You probably feel like you have been weighing pros and cons for months. Now that you are finally ready to go through the appropriate steps to resolve some of yo debt through the bankruptcy process, it is easy to think that the hard part is over. However, it is important to be prepared for the bankruptcy process which can be long, overwhelming, and emotionally difficult.

The single best way to prepare for what will happen when you file for bankruptcy is to consult with an experienced bankruptcy attorney in your area. Each bankruptcy court will have its own rules and practices by which you must abide. Only an attorney who has been practicing in your bankruptcy court will know the ins and outs of that court’s processes. He or she will be in the best position to guide you and make sure that your debt is resolved in the most efficient and  painless manner.

That said, there are some things that will happen in almost every bankruptcy in almost every court. Here are a few of those things and a brief description of what you may be able to expect:

• You will be required to attend credit counseling. Before filing for bankruptcy, you will almost definitely be required to meet with a credit counselor who will go over your finances. This is the government’s way of making sure that you have considered your options and are truly ready to file for bankruptcy. The credit counselor may make a recommendation for bankruptcy alternatives, or may suggest which type of bankruptcy is best for you. Typically, you must meet with a credit counselor well in advance of filing for bankruptcy.

• You file for bankruptcy by using a bankruptcy petition. The act of “filing” for bankruptcy is accomplished by submitting a set of paper documents called a bankruptcy petition to the clerk of the appropriate bankruptcy court. You will have to fill out the documents with a complete listing of your financial information. The petition can take time to complete and it is best to consult with an attorney during this process.

• The court will appoint a bankruptcy trustee. The bankruptcy trustee is the person who will be responsible for taking charge of your money and assets in order to pay off your debt. Depending on the type of bankruptcy you file, the trustee may take different actions to pay your debt or to create a schedule for you to repay your creditors.

• You will be required to meet with your creditors in court. After you file your bankruptcy petition, the court will schedule a creditors meeting. At this meeting your trustee will meet with you and your creditors. The trustee will verify your identity and may ask you questions about your finances that are not addressed in the bankruptcy petition. Often, creditors do not actually attend this meeting, but if they do, they will be able to ask questions to the trustee and discuss repayment of what you owe.

These are just a few of the events you can expect to occur during your bankruptcy proceeding. Make sure you are prepared by consulting with a qualified and experienced bankruptcy lawyer in Tampa, FL early on in the process.

 

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Thanks to The Law Office of Michael A. Ziegler, P.L. for their insight into bankruptcy and what to expect when you file.

Corporate Lawyer

In the world of business, there are two different types of collaborations with slightly different definitions. These are joint ventures and partnerships. It is important to understand the difference between them, although many people get them confused. It is common for even experienced business professionals to forget what makes a joint venture different from a partnership.

Definitions

• Joint Venture – Two or more people joining together to work on a single business project.
• Partnership – Two or more people who agree to jointly own a single business.

Part of what makes the distinction confusing is that partnerships and joint ventures are not mutually exclusive. Technically, a joint venture is a type of business partnership. Generally, the term “partnership” refers to when two people each own a portion of a business. The biggest and most significant difference between these two agreements is that a partnership is much more well-defined. By design, there are strict contracts that all involved parties sign making the agreement officially into a partnership. A joint venture, on the other hand, is looser and vaguer. The partnership can be defined as a joint venture if it contains certain attributes. These attributes include split responsibilities over losses, common interest in the partnership’s success, and shared control.

Other Differences

There are some significant differences between a partnership and a joint venture. When choosing what kind of agreement you want to enter into, understand these key differences.

• Profits – In a joint venture, both parties agree to share the profits and losses of the joint venture equally, but in a partnership profits and losses are divided according to the initial agreement.
• Contributions – In a joint venture, the two parties may not provide the same type or amount of contribution. In a partnership, all parties are co-owners, and thus have identical legal responsibilities.
• Businesses – Joint ventures may involve multiple businesses working together, but a partnership is a single business by definition.
• Duration – Generally, joint ventures are designed to only last a certain amount of time from the very beginning. Partnerships are always intended to be a permanent agreement that can last years.

Other Things To Be Aware of

Importantly, there are a few areas that must be treated differently depending on whether you are in a joint venture or partnership. These are:

• How taxes are filed and calculated.
• How liability is determined.
• How trusts are established.

A corporate lawyer in Melbourne, FL can explain how these differences work in your specific state in detail. It is a good idea to contact a business lawyer before beginning a partnership of any kind.

Thanks to the Law Offices of Arcadier, Biggie & Wood for their insight into business law and the difference between joint ventures and partnerships.

Personal Injury Lawyer

When a body is subjected to forces that abruptly push it in another direction during a motor vehicle accident, dental injuries are one of many types of damages that could occur. Many thousands of motorists suffer some kind of traumatic dental injury from a traffic accident annually.

Kinds of Traumatic Dental Injuries

Chipped or Fractured Teeth

If the crown of a tooth is chipped or fractured, it can likely be repaired either by reattaching the broken piece or by placing a tooth-colored composite filling in its place. If a substantial part of the tooth crown is broken off, restoring it may require an artificial crown.

When the sensitive inner pulp is exposed or damaged after fracturing the crown of the tooth, a root canal procedure may be necessary. These injuries require special dental attention, and you should seek help from a dental professional as soon as possible.

Fracture injuries that affect the back teeth may require root canal treatment and a dental crown to restore function of the tooth, particularly if the crack extends into the root. More severely injured split teeth may require removal and replacement with an artificial tooth.

Dislodged (Luxated) Teeth

During an accident, a tooth may be pushed sideways, forward, backward, or into its own socket. A dentist can reposition and stabilize the tooth. Root canal treatment may be needed for permanent teeth that have been luxated and should be started within several days of the injury. Once treatment is completed and deemed successful a permanent root canal filling or crown will be positioned in place at a later time.

Knocked Out (Avulsed) Teeth

If teeth are completely knocked out of the mouth, an accident victim should see a dentist immediately. This is an emergency situation and time is of the essence. If treatment is performed quickly, preferably within 30 minutes of the tooth being knocked from its socket, there is an opportunity to save the tooth.

A knocked-out tooth should be handled carefully—pick it up by the crown and don’t touch the root surface. A dentist can evaluate the viability of the tooth, place it back in its socket if it is deemed viable, and examine the accident victim for any other dental and facial injuries. Depending on the length of time the tooth was out of the victim’s mouth, and how it was stored prior to receiving treatment, it might be necessary to turn to options for artificial tooth replacement.

Root Fractures

At times, an accident-induced traumatic injury to a tooth may result in a horizontal root fracture. The location of the split will likely determine the long-term health of the tooth. The closer a fracture is to the tip of the root, the better the chances of success and long-term prognosis. Fractures closer to the gum line are considered more severe. Stabilization with a splint may be required while the tooth heals.

If you or someone you love suffered a traumatic dental injury due to a motor vehicle accident that was caused by a negligent driver, you may be entitled to compensation for dental expenses, lost wages, and more from a personal injury lawsuit. Schedule an appointment with a dentist in San Clemente, CA today, and be sure to tell the dental professional that your injuries are accident-related.

 

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Thanks to John Redmond Orthodontics for their insight into orthodontics and accident related dental injuries.

Personal Injury Lawyer

Many times, when people hear about “assault and battery” these terms are generally discussed at the same time; and, as such, many people think that these offenses are one in the same. But that is incorrect. Assault and battery are two separate offenses, with different consequence and sentencing.

Victims of assault or battery often know that they were attacked or threatened, but do not know whether the intentional tort that was committed against them was an assault or a battery. If you have been the victim of an intentional tort, such as an assault and/or battery, it is important to contact an experienced personal injury lawyer as soon as possible in order to get you the compensation that you deserve for the harm you have suffered at the hands of another.

Assault, under most state laws, happens when someone does or says something that places another in reasonable apprehension of harm (i.e., of receiving an immediate battery). This means that threatening someone is an assault, but words alone cannot be an assault. The threatening words must be coupled with threatening or aggressive actions. Battery involves insulting or provoking bodily harm to another that is done knowingly or intentionally. A mere touching can be enough to commit a battery if the touching is done in a threatening way. Similarly, vicarious touching can also be a battery, such as if a person throws a stick at the victim – the attacker does not actually touch the victim, but the stick does.

Both crimes require knowledge, or intent, i.e., the intent to cause harm. It is also possible for someone to commit both an assault and a battery against a victim in the same altercation or incident.

Aggravating Factors

Either assault or battery can be considered “aggravated,” meaning that there was some additional factor during the commission of the intentional tort that warrants harsher punishment and a harsher sentence. Aggravated assault involves the use of a weapon during the assault or committing the assault against a person of a certain class, such as a teacher, an elderly person, a peace officer, or a correctional officer. Aggravated battery involves causing great bodily harm or disfigurement to a victim while committing a battery or causing severe or permanent disability of the victim.

Contact A Personal Injury Attorneys for Help with Your Case

No one should have to suffer in silence as the victim of an assault or a battery. If you have been the victim of an intentional tort, you may be eligible to obtain damages from those who harmed you through a personal injury claim or lawsuit.

Contact an experienced personal injury lawyer in Minneapolis, MN to find out what your legal options may be. Even if there are criminal charges pending against the party who assaulted you, you may still be able to file a personal injury lawsuit to recover financial compensation for the losses your injuries have caused you to suffer. Call a law office today for a confidential consultation.

 

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Thanks to Johnston | Martineau, PLLP for their insight into personal injury claims and the difference between assault and battery.

Car Accident Lawyer

If you are involved in an accident, once you have ensured that any injuries are taken care of, you should turn your attention to the legal side of things. Whenever you are involved in an accident where another party is at-fault, you should be able to get compensation in one way or another. The primary ways this happens is through the at-fault party’s insurance. Legally, all drivers need to have insurance to cover other cars in the event of an accident, but this does not always happen. Even though it is illegal to drive without it, some do choose not to get the required level of insurance. In this situation, there are three pieces of information you need to know about getting the compensation you are owed:

• Uninsured Motorist Coverage
• Filing a Lawsuit
• No-Fault Car Insurance States

Uninsured Motorist Coverage

In nearly all states, insurance companies are required to offer uninsured motorist coverage. Motorists are never required to get this level of coverage, but it is good to know that it should always be an option. Uninsured motorist coverage provides you with compensation in the event that the at-fault driver does not have insurance. This way, you are guaranteed to get the money you need to take care of any medical bills or repair costs. Of course, it does usually cost a little bit more if you choose to have this kind of coverage. If you are worried about being hit by an uninsured driver, it may be a good idea to have uninsured motorist coverage.

Filing a Lawsuit

If the other driver does not have insurance and you do not have uninsured motorist coverage, your best option may be to file a lawsuit. The other party is breaking the law by being uninsured, so you will have a strong case most of the time. Unfortunately, proving the other party’s fault may be the easy part. If they are uninsured, that may be due to a lack of assets or money. Collecting on your successful lawsuit may be an issue in these cases. Regardless, speaking with a motorcycle accident lawyer in Salt Lake City, UT is a good idea to learn how good an option filing a lawsuit may be.

No-Fault Car Insurance States

Although uncommon, some states are “No-Fault Car Insurance States.” In these states, regardless of who is at-fault, both parties’ insurances pay for their own damages. If you live in one of these states, there is usually no way to get compensation from the other driver. It may be possible if you were seriously injured.

 

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Thanks to Rasmussen & Miner for their insight into personal injury claims and motorcycle accident injuries.