When Should You Hire a Truck Accident Lawyer?

Were you injured in an accident with a truck driver? Did you know that you may be entitled to compensation for any injuries that you may have sustained?

Due to the disparity in the weight of a truck and other vehicles, the consequences of a commercial truck accident are catastrophic. It is a known fact that a fully-loaded truck weighs over 25 times more than a car, so a collision can be fatal.

However, it is important that you know that if you or someone you love has been in an accident, you may be eligible to receive damages for your injuries by filing a claim against the at-fault party.

You can sue all of the parties responsible for your accident and resulting injuries. You can sue even if you were partially responsible for your accident. You should hire a lawyer since accident liability law tends to be extremely complex.

Filing a lawsuit when you were partially at fault

You can still sue for compensation even when you were partially at fault. Some states use comparative negligence to determine compensation for the plaintiff when he or she was partially at fault. Your final settlement will be reduced by the percentage of fault that you hold. For example, if you were 15% at fault then your final settlement will be reduced by 15%.

Injuries that the general person may sustain:

  • Was the injured person driving a motor vehicle?
  • Was the person injured a minor?
  • Where was the person when he or she was injured?
  • Were warning signs posted where the injury occurred?
  • Was the risk of danger obvious?

Figuring Out Who Was Responsible for Your Accident

It’s important for you to discover all of the people who were responsible for your accident. This will allow you to get compensation from them before the statute of limitations passes. The truck driver is obviously responsible. Other less obvious responsible parties include:

  • Insurance company
  • Employers
  • The companies that manufactured the vehicle
  • Government entities
  • Trucking agencies
  • Contractors

Which Legal Strategy Is Best?

You can choose to settle your case out of court. You can choose mediation or arbitration. A lawyer will help choose the best strategy for you. A good lawyer will guide you regarding when to file your lawsuit and help you resolve the dilemma of whether to litigate or settle it faster out of court. At Graves Thomas Rotunda Injury Law Group, we are here to help you through the whole legal process and our team of lawyers are always available to discuss your case. Call in at (772) 569-8155 for scheduling a no-obligation free initial consultation today.

Why Do You Need a Lawyer When Filing A Workers’ Comp Case?

You may need a lawyer when filing a worker’s comp case. It just depends on many factors though. You’ll file a worker’s comp case if you’ve ever gotten hurt or sick while working. You will, however, need a lawyer if you were seriously hurt or got extremely sick while working and your employer is telling you that this was not his/her fault.

Represent yourself

That said, you probably shouldn’t. You can represent yourself and get workers’ comp benefits only if the following apply:

  • You have a minor injury
  • You have hardly missed any work
  • Your employer admits that you got sick or hurt while working.
  • You don’t have a pre-existing condition or illness.

When Do You Need a Lawyer?

All things being equal, you’re better off hiring a lawyer no matter how well you know him or her and get along with him or her and no matter how minor your injuries are. He or she will guide you about the realities of your case during the free initial consultation. You may learn that representing yourself wouldn’t have worked because your case was more complex than you thought it was.

You should definitely hire a good lawyer if your worker’s comp case is complex. Conditions that would make this true include:

  • Your employer doesn’t think that you got sick or ill while working and denies your claim
  • You didn’t get compensation for lost income or medical bills in your settlement offer
  • You’ve been permanently disabled and are no longer able to work in the same capacity
  • You get or will get social security benefits
  • A third party or co-worker caused your accident or illness
  • You think that you were penalized or treated unfairly at work because you filed a workers’ comp claim.

Hire Lawyers to Get Worker’s Comp Benefits

It’s not uncommon for employers and their workers’ comp insurance companies to either deny workers’ comp claims or underpay them. Many injured or sick workers find that a workers’ comp lawyer can help them get the compensation that they want and need.

About 39% of people hired a lawyer because they felt intimidated either by their employer or by the entire process of filing a worker’s comp claim. 46% of people said that they hired a lawyer because they thought their claims had been denied. In reality, their claims had not yet been entered into the system.

Other workers who had been hurt on the job hired lawyers for various other reasons. These included the nature of their injuries, how many people their employers hired, how long they had been working with their employers, and their age.

How A Workers’ Comp Lawyer Can Help You?

Workers comp lawyers do the following for their clients:

  • File all pertinent forms by the deadline
  • Communicate with your insurance company on your behalf
  • Gather any medical evidence that would support your claim or case
  • Get you the fairest settlement possible
  • Protect your rights by writing a settlement agreement
  • Represent you at hearings when needed

Workers’ comp lawyers tend to charge you a percentage of your settlement. That means that they get paid only if you win.

You should hire a worker’s comp lawyer if your claim or case is complex. This will increase the odds of you winning the case. Contact Graves Thomas Rotunda Injury Law Group today at (772) 569-8155 and learn more about how we can help.

What You Can Do If You Haven’t Been Able To Get Social Security Benefits

You can apply for social security benefits but there is a good chance that your application will be denied. More than half of social security applications are. Timing is an issue if you are appealing a social security rejection so here are some things that you should know!

Why Was Your Application Not Accepted?

It’s important for you to thoroughly read the reason(s) why the Social Security Administration (SSA) denied your application. It makes collecting the necessary documents to appeal the denial easier. Most social security applications are denied because:

  • You make more than $940 a month. You will be automatically denied if you make more than the income cap.
  • You’ll recover in less than 12 months
  • You didn’t follow the treatment plan your doctor set for you. There are some exceptions though:
    • You can’t afford the treatment
    • Your religion won’t allow you to get the treatment
    • The treatment the doctor prescribed for you doesn’t work
    • A mental illness makes it impossible for the medical treatment to be successful
  • You didn’t do what the SSA told you to do in terms of supplying information for medical records
  • The SSA can’t find you

When You Should Appeal

You have to file an appeal no later than 60 days from the denial date on the letter.

Where You Should Appeal

It’s best if you go online to file your appeal. The process of appealing online has two parts:

  • Complete the Appeal request internet form and
  • Complete the Appeal Disability Report – this will give the SSA more information about your disability.

Of course, you can always file an appeal by snail mail. You’ll have to fill out and include many forms. These are:

  • Form SSA-561-U2 – this is a request to reconsider the denial.
  • Form SSA- 3441- BK – this is a disability report that requests to appeal the denial of disability benefits.
  • Form SSA – 789 – U4 – this is to consider reconsidering terminating disability benefits.

The Appeals Process

There are many steps to the appeals process. That’s why it can take a long time. You have many levels where you can appeal at:

  • Request for reconsideration is the first level. You have 60 days from the date on your denial letter to file an appeal.
  • Fill out and submit the Form HA – 501 which the SSA will give you to appeal the second denial. An administrative law judge will hear your case and he or she has much more power than the SSA does so your chances of winning are much higher.
  • The appeals counsel – if you don’t like the decision by the administrative law judge you can always file a Form HA – 520. You ask for an appeals council to hear your case. You can present more evidence at this hearing.
  • Federal District Court. You can appeal the appeals council’s decision in a Federal District Court.

Do you have a case? Call Graves Thomas Rotunda Injury Law Group today at (772) 569-8155 to discuss your case.

Can You Sue If You Were Hurt Because A Building Was Constructed Badly?

Buildings are great but only if they were constructed properly. Any lawyer will tell you that a poorly constructed building can cause you extensive bodily injury. For example, you can break a bone in your arm if you were to slip and fall on a poorly constructed staircase. You can file a negligent construction lawsuit against whoever owns the building.

Though rare, it’s not unheard of for a 30-floor office building to collapse within six months of opening. The parties who constructed the building would be facing hefty and ruinous lawsuits from those who were injured in the collapse and their families. Anyone who died in the collapse would have family members and loved ones will file lawsuits on their behalf.

Parties who would be sued would include the building owner, the general contractor, the architects and engineers, subcontractors, and more. The owner may have to pay at least $50 million in damages. He or she would then sue every party who built the building.

The tenants would have to recover damages from lost and damaged equipment, files, and other property that was in the building. They would sue the building owner. Owners of surrounding buildings would sue the building owner for any damage that the building collapsing caused their buildings.

A building that collapses can trigger many lawsuits from diverse people and parties. There are two main types of bad construction that tend to trigger lawsuits:

  • Bad construction that damaged property
  • Bad construction that resulted in personal injuries

Negligent Construction Lawsuits For Property Damage

Construction projects tend to take place only when many contracts are in place. These contracts name every party involved, their tasks in terms of construction, and their responsibilities in terms of the construction project. Therefore, contract law tends to define who’s responsible for different tasks and aspects of the building.

Since professionals work on construction projects, they’re held to a certain ‘standard of care.’ These professionals can be held legally responsible when they don’t do their part in a certain construction project the right way.

Parties will be asked and should consider the following questions when being held accountable for negligent construction:

  • Do the contracts indemnify the parties or assign liability to the responsible parties?
  • Who would a common man sue for the particular defect?
  • How much would it cost to fix the defect?
  • How much would the finished building be worth with the defect?
  • Did a botched plan or bad construction cause the defect?
  • Does the defect create any safety hazards?

Negligent Construction Lawsuits for Personal Injuries

Construction work is hard and dangerous. Workers and people can and do die from doing dangerous tasks at high heights or by using heavy machinery. More people get hurt in the construction industry than in any other industry. People who sustain personal injuries on construction sites should ask themselves the following questions:

  • Can they get workers comp?
  • Who was in charge of safety at the construction site?
  • Were any industry standards ignored or violated?
  • Was the injury sudden or gradual?
  • Did the person who got the personal injury report it to the boss?
  • Did the employer provide adequate safety equipment?
  • Did the workers use the safety equipment?
  • Did the employer train the workers regarding using the safety equipment?
  • Have other workers sustained the same or similar injuries?

Remedies For Personal Injuries

People who are involved in a personal injury accident are entitled to the following remedies:

  • Lost wages
  • Medical bills
  • Pain and suffering
  • Inability to do things

Negligent construction is diverse and involves many different types of laws. If you are ever involved in a personal injury because of negligent construction you should consult with a personal injury lawyer at Graves Thomas Rotunda Injury Law Group. We are here for your assistance. Call us today at (772) 569-8155.