February 6th, 2018 by auto_accident
September 29th, 2017 by auto_accident
If you have been involved in an auto accident, then you already have a lot of things to worry about — the legal hassles of determining who is at fault and whose insurance is going to cover what sorts of damages can be overwhelming. Add in some sort of injury, and you’ve got the makings of a legal nightmare. But what happens if the injuries sustained in an accident are severe enough that they actually make it impossible for you to go back to work?
In situations like this, you might be wondering what financial options are available to you — specifically if you are able to collect unemployment since you are not able to work. That’s actually not as easy of a question to answer as you might think. That’s because of the nature of unemployment benefits. You see, unemployment benefits were established to help people who are aren’t working, but who are willing and able to work. A person collecting unemployment must also be actively looking for work. So, if a person is laid off, through no fault of his or her own, but is out there trying to find a job, unemployment payments would be available to help them make ends meet until a new job was found.
With an auto accident, however, you might find yourself out of work for several different reasons. It is these reasons that would determine whether or not you could collect unemployment. If the auto accident left physically unable to work, then you would not meet the “willing and able” part of the unemployment criteria. Instead, you would be eligible for disability insurance. Of course, in addition to that you would also be dealing with insurance and everything else. In other words: a LOT.
If the reason you are not working after the auto accident is not injury-related, but because you lost your job in the meantime due to being let go, then that’s a different story. Even if you sustained an injury or two in the collision, if those injuries are not serious and you are still able to work, then unemployment would definitely be an option you could consider at this point. This is because you would meet all the criteria: out of work through no fault of your own, willing and able to work and looking for work.
Keep in mind that if you do secure unemployment benefits, the regular North Carolina laws would apply. For instance, you must be actively looking for work, and you must accept anything position that comes along that is deemed to be suitable to your work history and expected earnings. While you can afford to be a little picky at first in order to help you find a job that matches your skill set, after a ten-week period, any job offer that comes along and offers over 120% of your unemployment benefit amount must automatically be accepted.
So, while it is possible to collect unemployment after being involved in an auto accident, it really does depend on a variety of factors,. If you are injured and unable to work, however, then you probably need to consider looking into disability payments. If you can work, but the accident caused you to lose a job, then unemployment is an option that is available to you until you can work and get back on your feet again.
Of course, whether it’s disability or unemployment, that plus the added headache of an insurance company means you are going to need a strong legal team on your side. If you are in this situation, please don’t hesitate to contact us today!
September 27th, 2017 by auto_accident
An automobile accident can be a scary event. Even if you and your family emerge unharmed, you most likely will have to deal with emotional scars and an insurance nightmare. It’s even worse if you or your family are injured during the accident. If you’ve been in an auto accident and your child was injured as a result, then you might wonder what options you have when it comes to personal injury cases. While auto accidents are not always open-and-shut cases, accidents involving a child injury can best be pursued by trying to prove negligence.
What is negligence?
Legally speaking, negligence means that a person has behaved in a manner that can be described as thoughtless or careless — especially when they were in a situation that required them to be careful. Negligence can happen when someone does something that they aren’t supposed to — like running a red light or texting while driving — or when they don’t do something that they are supposed to do — like turning on the lights at night.
Because driving a vehicle is inherently dangerous, drivers have a legal obligation to operate the vehicle carefully. When a driver does not do so, then it’s possible to prove negligence. In fact, negligence is often the way a personal injury case involving auto accident are won.
How to prove negligence
Proving a negligence case can be difficulty. To do so, you first have to establish that the situation required the accused to be reasonably careful. This is the easy part.
What gets more difficult, however, is the next part: proving that the defendant was not careful. This can be difficult because an auto accident — even one that involves a child injury — is not necessarily a result of negligence. The reason they are called “accidents” is because sometimes, even when everyone is paying attention and being careful, random events can happen.
So, if you are going to win your personal injury case, it’s imperative that you are able to prove negligence. In doing so, you have to show that the driver didn’t pay reasonable attention and diligence to a driver’s duties, including driving at a reasonable speed, obeying traffic laws and maintaining an awareness of traffic and pedestrians around.
If you have been in an auto accident, or if you, your spouse or your child has been injured as a result of an accident, then you owe it to yourself to see what legal options you have. If you would like to know more, then don’t hesitate to contact us today.
September 25th, 2017 by auto_accident
In an auto accident involving negligent supervision, fault for an injury is put on the driver who caused the accident. For example, if a truck driver speeds, drives carelessly and causes an accident, the trucking company can be held liable for negligent supervision. If the company failed to do proper background checks or proper training, they could be at fault for an injury and held liable. Lawyers would argue that the company should have realized the high likelihood that the employee would use poor judgment.
Negligent supervision cases are usually associated with child daycares and elderly nursing homes, but these cases also occur in the workplace and can be associated with auto accidents. These cases function much like a personal injury case, with a few additions.
First, the driver who caused the accident must be proven to be negligent. An attorney does that by showing three pieces of evidence.
• It was this driver’s duty to operate the vehicle with a level of care to prevent an injury.
• Did the driver breach his or her duty in some way? In these cases, it typically means the driver failed to take action to prevent negligence or an injury.
• The attorney must show that the dereliction of duty directly caused their client’s injury.
If someone did sustain an injury that could have been prevented if adequate supervision had been in place, the workplace management can be at fault for an injury and held liable for the damages.
These cases can also arise in the workplace when one employee harms others. Employers are responsible for ensuring a safe work environment for their employees, so if unsafe and dangerous activity is allowed to take place under their supervision, they may be negligent.
Here are some examples of negligent supervision claims in the workplace:
• Failure to perform background checks on new employees for hire
• Failure to ensure proper driving licensure or training
• Failure to address complaints and harassment
• Failure to properly train employees on how to transport dangerous chemicals
Workplaces are required to properly vet and train new employees to keep other staff in their care safe and to protect their workers. Many of these situations above do result in a negligent supervision claim related to an auto accident.
If you or a family member have been involved in an auto accident that meets any of these situations above, it is best to contact an attorney about your legal options.
August 31st, 2017 by auto_accident
No parent ever expects their child to be in an accident, but over 9 million are treated each year for injuries that were not intentional, according to data from the U.S. Centers for Disease Control (CDC). Unfortunately, nearly 20 children die daily as a result of an injury that could have been prevented. In fact, injuries sustained as a result of accidents that could have been prevented are the leading cause of death in children.
Injuries sustained at birth are one type of accident, as are daycare accidents caused by lack of supervision. Motor vehicle and bicycle accidents occur frequently. Sports injuries, accidents on the playground and swimming pool accidents account for some of the deaths as well.
In some states, injury cases for children younger than 18 are handled differently because the child is a minor and cannot legally enter into settlement agreements. Minors typically cannot file a personal injury suit on their own, but parents can file on their behalf. It is sometimes referred to as a “friendly suit”, and is filed to obtain the court’s approval to settle the claim on the minor’s behalf. The court usually appoints an independent lawyer to determine whether a settlement of the suit is in the child’s best interest. If the attorney deems it is in the best interest, and the court approves the settlement, then the agreement is binding by law.
Parents might be able to obtain compensation for child injury if the accident is a result of negligence by another party. Rewards often include medical costs, as well as compensation for physical pain and mental anguish, disfigurement and physical limitations caused by the accident. If the child is older and had an income prior to the accident, loss of earning capacity can also be compensated for.
If you are in this situation and your child has been injured, it is important to seek the advice of a law firm specializing in child injury negligence cases. These injuries can be devastating, and turning the case over to our law firm allows you to focus on your child and family. Our firm will evaluate your case, file your claim and advocate for you legally. We see too many of these child injury cases, and rest assured, we will use our experience and skill to maximize the compensation for your child. We believe in holding negligent parties responsible and we will definitely fight for you.
July 14th, 2017 by auto_accident
Being in an automobile accident is nothing short of a traumatic experience. Even if you manage to walk away relatively unharmed, the mental, emotional, and financial hardships that result can leave someone scarred for life. What’s worse, though, is the situation felt by those who aren’t so lucky. When you’re in an accident and severely hurt or disabled as a result, you’re left facing serious questions about your future and your ability to care for yourself. If you aren’t able to work as a result of this accident, then what options do you have?
Fortunately, there is Social Security Disability Insurance (SSDI). SSDI is a program that was established to help those who have been injured or disabled in some way, and are unable to work as a result. If you’ve been injured in a car crash, it’s important to know how disability law pertains to your auto accident.
Can You Collect Disability Insurance Due to an Auto Accident?
The short answer to this question is yes. But this “yes” comes with certain provisions. First, like any disability case, you must have injuries or other medical problems that make it impossible for you to continue working. So, just getting hurt does not automatically qualify you. The question is, how much does it affect your ability to actually hold down a job?
Second, your disability or injury must be long-term. SSDI was not established as a short-term disability measure (although some stated do offer short-term disability). SSDI is for those whose condition is expected to last at least 12 months. A health care provider will be needed to help make this determination.
Third, for disability insurance to cover your auto accident injuries, you will need to provide extensive documentation as to the extent of your condition and how it prevents you from being able to work. This means providing medical records, lab results, blood work and anything else that needs to be presented to help make your case.
What Else Should You Know?
It’s important also to note that SSDI can be used to help those who are unable to work due to mental or psychological conditions, as well. If you are physically okay after your accident, but find yourself suffering from anxiety, PTSD, or other problems, then you may still qualify for SSDI. In other words — there really is no definitive list of what is and isn’t covered, as long as you can prove an inability to work.
If you have more questions about this, please don’t hesitate to contact us today.
When you get hurt in an auto accident, the severity of your injuries can vary wildly. Sometimes you can walk away with a need for a few ibuprofen and some rest. In many cases though, injuries that cause chronic pain and result in extensive time rehabilitating can result from everyday collisions that don’t seem to be that serious. Others who are uninjured are without the use of their primary transportation to and from work, causing them to use paid time off if they have it, or worse yet take a loss in wages for the days they miss. Many people involved in an auto accident only claim insurance for the purpose of repairing or replacing their car, but many are also unaware that they are entitled to compensation for any time missed at work.
Lost wages are covered by many auto insurance policies, and most of the time that cost of missing work goes unpaid because drivers are not aware that their insurance policy or the other driver’s policy includes compensation for lost wages. If you are paying for it, and everyone else is paying for it, you should take advantage of that coverage. However, the difficulty with this scenario is that many insurance companies are often reluctant to pay out on lost wages claims, and getting the money you deserve to make up for missed time on the job can be difficult. Many times lost wages claims involve a protracted claims process that doesn’t help pay your bills in the meantime. Even worse, if you are injured and miss work in order to recover properly, you may find yourself even further disadvantaged financially. Don’t just settle for getting your car repaired or replaced. If you’ve missed work due to an auto accident, you deserve to have that money reimbursed by the insurance company.
Are you dealing with lost wages from an auto accident? Need that money but don’t know how to go about getting it? Contact The Clauson Law Firm today to find out if your case entitles your to lost wage compensation. Our team of insurance law experts can help you get the money you need to get back on your feet again after an auto accident. You don’t need to struggle alone. Get the help you need and contact The Clauson Law Firm today.