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How to claim damage recovery for your injury

How to claim damage recovery for your injury

How to claim damage recovery for your injury


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Home Page > Law > How to claim damage recovery for your injury

How to claim damage recovery for your injury

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Posted: Sep 13, 2010
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How to claim damage recovery for your injury

By: Mark

About the Author

A regular contributor to legal journals, Mark Hall offers details on the laws related to personal injury. If you require consultation with a New York Brain Injury Attorney, He suggests you to check out the details from www.bodnerlaw.com

(ArticlesBase SC #3254723)

Article Source: http://www.articlesbase.com/How to claim damage recovery for your injury





Serious injury to the brain can leave one with permanent problems. New York laws state that you can recover damages if the incident was the result of another’s negligence or wrongdoing. If a family member suffers this type of injuries, the first thing to do is contact a brain injury lawyer. Here is a brief overview of the matter.

Numerous incidents may produce a sudden jolt to the brain and cause injuries. Suppose you fall down the stairs or a reckless car driver hits you. In both the cases, you may suffer from brain damage. If it was not your fault, you can file for compensation. New York adheres to the comparative negligence rule – the more you are at fault, the less the amount of compensation for you.

What classifies as brain injury? Common injuries include swelling, bruising, or tearing of the brain tissue. Anoxic injury occurs if sufficient oxygen does not reach the brain due to blockage. Traumatic injuries are far more serious in nature. Some examples are concussion, coma, paralysis, aggravated tension and anxiety, loss of sensory perceptions, change in behavioral pattern, and so on.

Interestingly, the impact of these types of injuries is in most cases not perceptible to the naked eye. Only a competent medical practitioner specializing in such cases is capable of proper diagnosis. Similarly, just any lawyer won’t do for such a lawsuit; you need a brain injury lawyer for it.

You had better contact the lawyer as soon as possible. The New York statute of limitations runs out in three years from the injury. However, an exception is made if the discovery of the injury was not complete within the three-year period. In such cases, the calculation is done from the date of the discovery.

Why do you need a lawyer? A legal professional best handles the whole proceeding. The first step is to zero in on the entity responsible for the injury. It may be the reckless driver, who hits you with a car, or the departmental store, that does not warn about a broken staircase – you need to be sure whom to sue beforehand.

After notifying the entity responsible about the lawsuit, your New York brain injury lawyer gets to the task of filing the case. You also need to notify the insurance companies. The next step is to collect evidence – witness testimonials, forensic experts’ reports, police reports, medical records, and such others.

Brain injuries have immediate as well as far-reaching consequences. It is, therefore, essential to ask for a proper assessment of the impact. This requires expert testimonies from medical practitioners, neuropsychologists, life care planners, vocational experts, and such others. They understand the temporary and permanent damages done and can help calculate the suitable compensation amount.

Go through the 800 New York Lawyers Directory to find a qualified brain injury lawyer in New York.

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(ArticlesBase SC #3254723)

Mark
About the Author:

A regular contributor to legal journals, Mark Hall offers details on the laws related to personal injury. If you require consultation with a New York Brain Injury Attorney, He suggests you to check out the details from www.bodnerlaw.com

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Article Tags:
new york brain injury lawyer, new york brain injury attorney

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A regular contributor to legal journals, Mark Hall offers details on the laws related to personal injury. If you require consultation with a New York Brain Injury Attorney, He suggests you to check out the details from www.bodnerlaw.com

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Related Brain Injury Lawyer Articles

Be the first to comment - What do you think?  Posted by - December 1, 2010 at 6:11 pm

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Brain Injury Lawyer / Attorney in Arizona – Recovery

The Law Office of Jeffery J. Hernandez www.arizonalawonline.com Founded in 1992, the Law Office of Jeffery J. Hernandez has earned a reputation for providing sound, professional, and aggressive legal representation to injured individuals, families of loved ones who have suffered a wrongful death, and Arizona businesses. We are committed to offering our clients personal attention, professional skills, and unsurpassed dedication to achieving optimal results. The Law Office of Jeffery J. Hernandez 7047 E. Greenway Parkway, Suite 140 Scottsdale, AZ 85254 Phone: (480) 624-2765 Fax: (480) 991-0920

www.SteinbergSpencer.com. What should I know when looking for a brain injury lawyer? Brain injury cases are more complicated and difficult to prove than other personal injury cases. They involve complex medical, legal and insurance issues and often require expert testimony to successfully prove. This can be expensive and time-consuming. Your chances of success are much greater if you get help from an attorney with experience successfully handling cases similar to yours.
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Bankruptcy Recovery Report Reviews

Bankruptcy Recovery Report

Banktuptcy is a necessary thing for some. Many have gotten too far over their heads with credit and debt and have no alternative but to file for bankruptcy. It can remove some of the emotional stress many feel from the weight of debt or financial decisions.

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Construction Accidents: Michigan’s Most Dangerous Work: Injured Workers Often Denied Claim For Recovery Of Damages

Construction Accidents: Michigan’s Most Dangerous Work: Injured Workers Often Denied Claim For Recovery Of Damages

By Terry Cochran

Construction accidents continue to be one of the most frequent types of accidents for Michigan workers and for workers across the nation because safety rules have not protected them. Construction workers in the building trades are frequent victims of on-the-job injuries and serious accidents. Why? Far too often, required safety rules are not in place.  As a result thousands of construction workers are killed or injured each year.

In Michigan alone the construction industry led all others with the highest number (30) of fatal work accidents in 2008, according to the Michigan Occupational Safety and Health Administration (MIOSHA).  MIOSHA reports that the leading hazards faced by construction workers are associated with:

Cave-ins
Underground utilities
Heavy Machinery
Manual handling materials
Working close to moving traffic
Electrical hazards, such as overhead power lines

MIOSHA reports that in 1994 alone some 19 Michigan workers were killed in trench collapse accidents.

In my practice the common construction accidents causing on-the-job injuries, fatalities, or leading to workers comp involve falls from ladders and scaffolding, front end loaders, electrocutions, vehicle back overs, gas line explosions, failed machinery, cave-ins, and road construction workers hit by passing vehicles. Workers injured include carpenters, roofers, dry wallers, pipe layers, operating engineers, rod busters, cement finishers, cement pavers, and laborers.

A construction worker injured on the job, in most instances, can sue the employer for work-related injuries. A third party can be shown to be liable for negligence when an injury occurs on the job site. While some workers are prevented or limited by law from collecting workman’s compensation for their injuries, many workers are able to recover damages from parties other than their employers or co-workers, especially when subcontractors are involved. Sometimes owners, architects, contractors and equipment manufacturers can be held liable for damages for construction accidents. Usually, though, the liable person is the general contractor, contractor or owner.

Manufacturers of construction equipment are responsible for designing and maintaining safe products. Defective or dangerous products may be at fault in a construction accident. With all of the equipment used on a construction site, the chance for injury is great, but if the proper safety measures are not employed in the making of this equipment, the chances of an injury or a death occurring increase greatly.

The manufacturers on this equipment can be found liable when an accident occurs due to one of their products. Equipment used on a construction site includes scaffolding, cranes, power tools, derricks, hoists, conveyors, woodworking tools, ladders, winches, trucks, graters, scrapers, tractors, bulldozers, forklifts, back hoes, heavy equipment, boilers, pressure vessels, and gas detectors.

Even if a worker is injured because of his or her own carelessness, compensation still may be available from the Workers Compensation Act. Benefits such as workers comp weekly payments and medical payments are awarded to an injured worker, although often these awards are not enough to cover the pain and suffering that comes with an on-the-job injury.

Workman’s Comp weekly payments are based on a percentage of worker’s weekly earnings and on the severity of the disability, whether it is a temporary total disability or a permanent partial disability. The medical expenses cover only those treatments deemed necessary and related to the specific work injury.

Because construction accident cases most often are very complex it is important to consult with an attorney with experience in investigating construction accidents and in evaluating the best avenue of recovery based on the law.  If applying for worker’s comp, consult a workers comp lawyer.

Insurance claims are often denied just so insurance companies can meet their profit goals. Workman comp claims are also often denied, especially the first time around. I strongly advise Michigan construction workers involved in an accident to use a Michigan attorney skilled in construction accident recoveries because the law varies from state to state. An attorney will lead you through the steps needed to recover actual damages and may even assist in punitive damages being awarded.


About the author:
Terry Cochran, is a senior partner in Cochran, Foley & Associates, P.C., a Michigan law firm specializing in personal liability, medical malpractice, and auto and truck accidents. Cochran does not represent insurance companies or corporations but instead bases his practice upon representing individuals and families. www.cochranfoley.com 800-322-5543. www.youtube.com/watch?v=TxMhKUskrMc

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Be the first to comment - What do you think?  Posted by - at 9:20 pm

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