How a Police Report can Help Your Car Accident Claim

Police reports are vital evidence when filing for a personal injury or car accident claim. They can be the key that can win a claim and provide the compensation that they need to cover for the damages caused by the accident, such as the medical expenses, lost wages, pain and suffering, and many others. Williams Kherkher states on its website that it is one of the first things to acquire after a car accident and when filing for a personal injury claim. However, what is a police report, and how can you get one?

Police reports are generated through investigation of the accident or incident after responding to scene after being requested. It is a summary of all the information related to the car accident, containing both the relevant facts pertaining to the accident as well as the responding officer’s opinion regarding the accident. You can acquire a police report in two ways. First is by requesting a copy from the local law enforcement office that drafted the said police report. It is protocol for the investigating officer to provide you with the receipt containing the ID number of the police report, and you have to pay an administrative fee to obtain a copy of the said report. The other option is through your insurance company: check to see if they have requested a copy of the report and ask them for a copy. They may not always have a copy of the report, but if they do, you don’t have to pay for some fee to get your own copy.

Police reports are the first things that insurance companies look into when investigating a claim because police reports contain important information related to the car accident. Although it may not be enough evidence of the accident, police reports are still significant when settling a personal injury claims. Depending on the state you had the accident or filed your personal injury claim, police reports can be viewed as either strong evidence or “hearsay” evidence. Regardless, the importance of police reports is still strong in a personal injury claim.

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Slip and Fall Accidents

Premises liability is an area of law that governs the liability of accidents that happen on residential or commercial property. When you are invited onto the property of another person, your safety is legally preserved. Property owners have the responsibility to offer a safe and well-kept home to ensure the safety of others. This is to protect people from entering dangerous or potentially fatal situations that leave them with significant medical expenses and other financial burdens.

One of the most common types of premises liability accidents are slip and fall accidents. These generally occur when a slippery substance, such as water, is negligently left for a person to slip on. Slip and fall accidents are so common due to the number of ways in which they can happen. Unsafe property conditions that may yield a slip and fall accident may include uneven flooring, patches of ice, torn carpet, and tripping hazards.

According to the website of the Hankey Law Office, proving a slip and fall case can be difficult due to the two acts of negligence a person must show. First, a property owner must have been aware of the danger on his or her property. Second, the property owner must have had time to remedy the problem before an accident occurred from it. As difficult as it might sound to prove, these factors are often simple to prove with the help of an experienced personal injury attorney.

If you were injured due to negligence in a slip and fall accident, you may be eligible for compensation from the property owner that caused your injuries. You should not be responsible for the financial strain of footing medical bills from an injury you did not cause.

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Dog Bites in California

The state of California follows the strict liability rule when it comes to dog bites. This means that the owner will be held strictly liable for any injury that their dog may cause starting from the moment the ownership begun. Exemptions may be given when the attack was (1) provoked, (2) during a trespassing situation, (3) during a compensated service involving the dog, and (4) while on the job and bitten by their employer. In an event of a dog bite, the victim has no duty to show negligence or other factors in order to file a personal injury claim.

The dog bite law is generally known as the California Civil Code Section 3342. This law makes the pet owner liable when their dog bites another person, and it occurred in a public place or legally in a private place. However, in order for the law to be effective, the injury has to specifically be from a dog bite, and not from other dog behaviors such as scratching. A severe bit injury is defined by the law as any physical injury that caused muscle tears or disfiguring cuts or those that require sutures or corrective cosmetic surgery.

Because California follows the “strict liability” rule regarding dog bites, regardless of whether the dog has bit before or the owner’s awareness of their dog’s tendencies to bite, they will have to take responsibility for the damages that their pet has caused. Although evidence of negligence is not necessarily required, the victim should still prove that the injury was from a bite and not from other factors. There are defenses that the dog owner can use, the most common being “trespassing.” The website of Williams Kherkher says that anyone who commits trespassing does not have rights for compensation, along with those who have been bitten by on-the-job police or military dogs or when provoked.

The main role of the law is to avoid dogs being a danger to the community. Through the law, the burden of responsibility for the dog is put upon those who choose to take care of dogs. It is therefore place upon the dog owner to be vigilant regarding their dog’s tendencies to bite people. Furthermore, the law helps reduce any conflicts that could follow a dog attack.

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Erb’s Palsy and Negligence in Birth Injuries

It may seem inconceivable that a birth injury can still occur in this day and age of modern science and technology, but unfortunately, it does. Statistics indicate that on average 3 newborns sustain some type of birth injury an hour in the US. That’s about 7 for every 1,000 births. Not all of these can be attributed to medical malpractice; being born is an inherently traumatic experience and sometimes it can result in injury, even death. However, some injuries lend themselves more to an interpretation of negligence. One such birth injury is Brachial Plexus Nerve Palsy, otherwise known as Erb’s palsy.

Erb’s palsy is a physical injury to the baby that can only occur during normal delivery. The injury centers on the brachial plexus, a group of nerves located in the area of the neck. Functionally, the brachial plexus has control over hand and arm movements. Injury to these nerves can lead to some numbness and weakness in one arm. Depending on the extent of the physical trauma, Erb’s palsy may also result in total or partial use of one arm temporarily or permanently.

The trauma occurs when the delivery has some complications such as breech birth, abnormally long labor, or a proportionally too-large baby. The website of The Driscoll Firm lists the causes of trauma to include excessive pressure exerted on the shoulder which may stretch the neck too much; alternatively, the injury could be caused by the incorrect use of forceps, which is used to assist delivery. Either way, such an injury may be considered medical malpractice, and may render the delivering physician liable in a personal injury claim.

In most cases, the effects of Erb’s palsy resolve on its own without any treatment within 3 months, but not always. If you or a family member has a child who suffers from Erb’s palsy, and believe it occurred because of negligence on the part of the physician or the hospital staff, than you may be able to get some compensation for it to help in treatment and management of the injury. Consult with an Erb’s palsy lawyer in the area today and find out more.

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Construction Accidents

One would say with little thought that construction accidents are to be expected considering the nature of the work, and it is true that there is a certain element of unavoidable risk. However, there are cases when injury or death could have been avoided if the proper safety rules, regulations and equipment had been observed.

Recent construction accidents that occurred in different parts of the US range from equipment malfunction to falling objects. In the case of the New York City mishap, the crane stopped working in the middle of lifting a 13,500 pound slab of concrete 30 storeys directly above the street. In Oregon, a crane is again involved but this time, its load of trusses shifted, and fell inside the building, crushing one worker and injuring three others, one of whom was in critical condition. In San Francisco, accidents are plaguing the work crew at the Levi Stadium construction site, so far leaving two dead.

Most construction accidents may be considered a safety issue, and a significant number may be construed as resulting from negligence. In the New York case, investigations may reveal a lack of proper maintenance that led to malfunction. If you have been injured in New York due to a machine malfunction at a construction site, a New York construction site attorney may be able to help you recover compensation in your case. Improper securing of the trusses could be the reason for the Oregon incident, while the deaths in San Francisco may be due to improper safety training of the workers.

In other words, as pointed out in an article on the Hach & Rose, LLP website, many of these incidents constitute an unsafe workplace environment. It is mandated by law that employers have a duty of care to provide their workers with a reasonably safe environment to work in. And because the construction industry is risky, employers need to be more conscientious than, say, an office manager. Failure to fulfill this duty may render the employer liable for personal injury claims. If you live in the East Texas area and are a victim to an unsafe work environment, contact a Fort Worth Personal Injury Lawyer today to learn more about your legal options.

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Cruise Ship Dangers

There are inherent cruise ship dangers that are exacerbated by the failure of those in charge to demand and expect discipline and competence among the staff members. This is generally because most cruise ship workers are not equal or suited to the tasks expected of them, or did not receive adequate training.

Cruise ships have recently dominated the news, unfortunately because a number of them have sunk or crashed, causing injuries to passengers and crew members alike. The most famous of recent ship wrecks was that of the Italian cruise ship Costa Concordia, which sank on January 13, 2012, killing 32 people. It was suspected that Captain Francesco Schettino lost control of the ship when he deviated from the programmed route and ran it aground on Isola del Giglio in Tuscany. The Costa Concordia is currently in the midst of a salvaging project to finally get her out of the water after almost two years half-submerged.

Such dangerous incompetence demonstrated in the Costa Concordia is unfortunately quite common in foreign-registered cruise companies, although not usually so high up in the chain of command. These companies are not under the jurisdiction of the US and are therefore not subject to US safety rules and regulations. This leads to many incidents of

According to the WorkSTEPS website, pre-employment screening is important in determining the functional capability of a potential worker. This will in turn provide the company, or cruise ship, with staff that can competently and safely perform their tasks. In the long run, an efficient and capable pool of employees will translate to significant savings in operations as well as minimize cruise ship dangers that can lead to untoward incidents such as ships running aground. For anyone that has been involved in a cruise ship injury, an attorney from The Louis A. Vucci, PA may be able to provide more information about legal actions you or your family may be able to take.

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