Displaying items by tag: Personal Injury
Dealing with the death of a loved one is hard enough without having to deal with a wrongful death lawsuit. These take place due to someone's death either caused by negligence or through intentional harm. Wrongful death claims allow the estate of the deceased person to file a lawsuit against the party who is legally liable for the death. Robinson, Seiler & Anderson’s personal injury attorneys in Provo can help walk you through the process of a wrongful death lawsuit. Below are some facts to help you to get a better understanding of what is involved in the process.
When you can file for a Wrongful Death Claim
There are specific instances in which you can file for a wrongful death claim. It usually occurs as the result of either negligence or an intentional harmful act on the part of the defendant. This can occur in a variety of situations, including:
· When the victim is intentionally killed
· When the victim dies as a result of medical malpractice
· Car accident fatalities involving negligence
These are just a few examples of what can qualify as a wrongful death claim. Talking with the personal injury attorneys at Robinson, Seiler & Anderson in Provo can help you to determine if you have a substantial case.
Evidence Needed in a Case
When it comes to proving negligence in a wrongful death case you must prove that the defendant owed the decedent a duty of “due care,” also meaning it is essentially a duty to do something to keep another person safe, or refrain from doing something that would harm another person. The plaintiff must next prove that the breach of duty actually caused the decedent’s harm. The plaintiff then must prove that the decedent actually suffered damages. In a wrongful death case, if breach of duty and causation exist, damages will be presumed for obvious reasons (i.e. the injured person was killed).
Damages in a wrongful death claim -- categories of losses for which a survivor might be able to receive compensation -- include:
· the deceased person's pre-death pain and suffering - called a survival claim in a wrongful death case.
· the medical costs that the deceased victim incurred as a result of the injury prior to death
· funeral and burial costs
· loss of the deceased person's expected income
· loss of any inheritance as a result of the death
· value of the services that the deceased would have provided
· loss of care, guidance, and nurturing that the deceased would have provided
· loss of love and companionship, and
· loss of consortium.
Motorcycle accidents are always unfortunate for everyone involved. The more you know about what causes motorcycle accidents and how to avoid them the better. If you do find yourself to be the victim of a motorcycle accident you can trust the personal injury attorneys at Robinson, Seiler & Anderson in Provo to help you with your case and get you the money you deserve. Below are some facts about motorcycle accidents we want you to be aware of.
· Only about ¼ of motorcycle accidents are single vehicle accidents involving the motorcycle colliding with the roadway or some fixed object in the environment.
· In multiple vehicle accidents, 2/3 of the accidents are caused by the other vehicle violating the motorcycle's right-of-way.
· The failure of motorists to detect and recognize motorcycles in traffic is the predominating cause of motorcycle accidents. The driver of the other vehicle involved in collision with the motorcycle did not see the motorcycle before the collision, or did not see the motorcycle until too late to avoid the collision.
· Visibility and conspicuousness of the motorcycle is a critical factor in the multiple vehicle accidents, and accident involvement is significantly reduced by the use of motorcycle headlamps (on in daylight) and the wearing of high visibility yellow, orange or bright red jackets.
· Motorcycle riders between the ages of 16 and 24 are significantly overrepresented in accidents; motorcycle riders between the ages of 30 and 50 are significantly underrepresented. Although the majority of the accident-involved motorcycle drivers are male (96%), female motorcycle passengers are significantly overrepresented in the accident data.
· The typical motorcycle accident allows the motorcyclist just less than 2 seconds to complete all collision avoidance action.
· The likelihood of injury is extremely high in motorcycle accidents: 98% of multiple vehicle collisions and 96% of the single vehicle accidents resulted in some kind of injury to the motorcycle rider; 45% resulted in more than a minor injury.
· The use of heavy boots, jacket, gloves, etc., is effective in preventing or reducing abrasions and lacerations, which are frequent but rarely severe injuries.
· The most deadly injuries to the accident victims were injuries to the chest and head.
· The use of the safety helmet is the single most critical factor in the prevention of reduction of head injury.
For more information regarding personal injury claims make sure you talk to one of our experienced personal injury attorneys at Robinson, Seiler & Anderson in Provo. We can give you the answers you need.
Car accidents involving trucks and semi-trailers increase the risk of fatality. If you or someone you love is involved in a truck accident and you are seeking legal help, you can trust the personal injury attorneys at Robinson, Seiler & Anderson in Provo you give you the legal advice you can trust. Below we have gathered some suggestions to follow when driving with trucks on the road.
Driving too closely to the truck will limit your visibility to the road ahead and around you. You will want to leave enough room between you and the truck so you have time to react in case of an unsuspected hazard. Distance also applies when you are changing lanes in front of a truck. You will want to make sure you leave enough room between you and the semi in case the both of you need to stop suddenly. These trucks take longer to come to a complete stop in the case of an emergency.
The drivers of semi-trucks often have a difficult time seeing around the trailers they are pulling. Drivers should always allow enough room between themselves and the truck in order to be seen. Make sure you always pass on the drivers hand side of a truck so they can see you. The only way the driver of a truck can see you is with the help of their mirrors. If you can’t see the drivers face, they can’t see you.
If you need to pull over on the side of the road for some reason, make sure you pull off the roadway completely. Semi-trucks need the whole width of a lane while driving. Having your car too close to the roadway can cause a hazard for you, the truck driver, and anyone else driving near-by.
When driving near or behind a truck you will want to be aware of them when it comes to the driver making a turn. Because of the size of most semi-trucks they require more space to make a turn onto another street, so they swing wide to make sure they can get their truck and trailer into the appropriate lane.
Being aware and safe around trucks can help you in preventing a fatal accident. If you do happen to be involved in an accident involving a semi-truck and are seeking legal advice, you can trust the personal injury attorneys at Robinson, Seiler & Anderson in Provo to help you through the process. Call us today to set up a consultation with one of our experienced attorneys.
Choosing a personal injury attorney to investigate and handle one’s claim is important if they are to get the compensation they deserve. However, one will likely find numerous hits when thy search for such lawyers in Provo. So how exactly does one choose the right one? Here are some suggestions.
The value of experience when it comes to assessing and investigating claims is incomparable. An experienced personal injury attorney will know what to look for and where, and will understand what it means for the case. Every state has laws relating to negligence, causation, and risk. An experienced lawyer will understand the avenues through which the case will get bigger traction. Going for one without experience means taking unnecessary risk.
This might not seem important, but the focus of the personal injury lawyer can have huge bearing on the results of the case. The personal injury attorney chosen should have adequate skills in determining issues relating to liability and negligence. Since majority of personal injury cases are concluded outside the court, knowing how to negotiate for a fair and reasonable settlement should also be part of their skill set.
Without a recommendation, one might find it difficult navigating through the large field of potentials. The attorney’s reputation, therefore, will go a long way in determining whom to choose. A lawyer with a good reputation will almost always be able to handle personal injury cases quickly and fairly. However, it is important to note that reputation adds value, not only on the part of the plaintiff, but also from the perspective of the defendant and the court. This puts the client in a position to recover as much as they deserve.
The attorney hired should have the interests of the client at heart. Make sure they are objective, and are not simply looking to wrap up the case and move on to the next one. An objective attorney will likely look to leave no stone unturned.
Everyone looks at the ability of the lawyer in dealing with the case, forgetting the fact that the way they deal with their clients also determines a lot. There is no need to discuss the case every other night, but the lawyer should always be available to give updates and status reports.
At Robinson, Seiler & Anderson, your Provo Attorneys, we help victims of car accidents and truck accidents get just and fair compensation for their losses and suffering. Car accidents can be devastating for you, your family, and your bank account. We don’t wish to see you because of these circumstances. Below are some tips on how one can drive responsibly to help prevent a possible car accident.
It is always a good idea to plan your route ahead of time. Knowing where you will going will allow you to focus on the road and other people surrounding you rather than trying to find your way. It is always a good idea to turn to local news sources to check on current road and weather conditions. Planning ahead will allow you to be better prepared for anything that may come your way.
Maintain your Vehicle
Having a well maintained vehicle will allow you to get to your destination without any hiccups on the way. Nothing is worse than having your vehicle break down alongside a busy freeway. You can perform many of the necessary routine check-ups on your vehicle without going to a mechanic. Make sure your headlights, taillights, and blinkers are all in working order. Ensure good visibility by having your windows cleaned and wiper fluid refilled. By performing simple maintenance checks on your vehicle you can provide the safety needed for yourself and others on the road.
Too often we are distracted by everything going on around us when we are driving. It is important for the safety of yourself and of other drivers to remain focused on driving properly. We can easily become distracted by changing the song on our IPod or looking at a text message. Making sure you remove these distractions can save your life and those around you.
Keep your Distance
Following too closely to the vehicles that are beside or in front of you can easily cause an accident. We must leave a reasonable amount of distance between us and the cars surrounding us. Unforeseen circumstances could possibly occur and you will need the distance for you to have time to react to the situation.
Watch your speed. Speed limits are posted specifically for your safety. You may lower your speed to reflect the condition of the roads. It is important to take your time and go at a rate you feel comfortable when the weather is severe. If you are going faster than the posted speed limit, no matter the weather conditions, you are ultimately reducing your ability to properly act in case of a sudden situation.
Listed above are just a few examples of how one could drive responsibly. By taking the proper measures and changing your driving habits you can help protect yourself and others on the road. If you are unfortunate enough to be a part of a car accident, you can have peace of mind knowing Robinson, Seiler & Anderson, your Provo Attorneys will be there to help. For more information on how our experienced attorneys can help you when you are involved in an auto accident, please call us today.
At the law firm of Robinson, Seiler & Anderson, LC, Our Provo, Utah attorneys help accident victims get fair and just compensation for their financial losses and suffering. We handle all types of accident cases, including auto accidents, truck accidents, slip-and-fall accidents, and wrongful death. We like to have our clients be informed and ready to take the necessary steps when filing a personal injury claim. Below is a list of the first steps to take in a personal injury claim.
Look after your health
This is the first and most important step in a personal injury claim. Your health is very important and you should do all that you can to ensure your well-being after an accident.
After your health is looked after the next step is to collect all of the necessary evidence to help you in your case. The evidence that should be collected should pertain to who caused the accident and the damage that was caused. Having photographs will greatly help in this area. Write down everything that has happened to you after the accident. This may include things like medical bills, hospital visits, any lost work or wages, etc. Be sure to get the names and contact information of any witnesses that may have observed the accident. Contact these people to confirm their contact information. If you speak to other people that were involved in the accident, be sure to take notes about your conversation. After all this evidence is collected it is important to inform the person you are filing suit against that you are filing a personal injury claim against them.
While there is no set time limit on notifying the person or entity in which you are filing suit against, it is always best to do this as soon as possible. By acting quickly you will increase your chances of resolving your claim sooner. It is good to keep in mind that even though you notify people of your intent to file a lawsuit, this does not mean that you must file a lawsuit. By giving notice, you only preserve your rights and prevent the other parties from defending against a lawsuit by arguing that you waited too long to inform them of your injuries. By notifying the other parties, you simply ensure that you can proceed with negotiations regarding settlement and arbitration at your own speed, without feeling rushed.
In order to be compensated for your injuries there is a time limit in which you must file your personal injury claim. Due to Statutes of Limitations there are restrictions and time limits in which you can bring certain lawsuits to court. If the time is passed then you will not be able to go forward with your case. It is important to check your states statute of limitations to ensure your well within the time limit for your case.
Here at Robinson, Seiler, & Anderson, your local Provo, Utah attorney, will do everything we can to help you in your personal injury claim. Our personal injury attorneys will fight to recover the compensation you deserve. Highly experienced in all types of litigation, we know trial procedure, the rules of evidence, and how to effectively present a case to a jury. Whether you have been in a car accident or suffered a wrongful death in your family, we can help you.
Getting injured can change your life - and not for the good.
Our Provo personal injury lawyers are here to help you. If you were injured and wonder if you have a valid injury claim, give us a call today!
We've provided this info graphic to help you understand if your injury qualifies for an injury claim.
Utah residents know the risks motorcycles pose. Recently a 46-year-old motorcyclist from Brigham City was killed. He crashed after hitting a discarded mattress on I-15.
According to the Utah Safety Office, the accident is the 8th motorcycle accident in Utah this year. Last year during the same period there were only five.
The driver in this particular case was not wearing a helmet. Debates over motorcycle helmet laws are common in Utah, and this case has brought renewed interest to the issue. Current law in Utah does not mandate use of a helmet.
Data and Arguments
Part of the problem is the data is evenly split on both sides of the issue. Additionally, both sides of the debate have valid arguments.
Four out of the eight riders in the Utah fatalities this year were wearing helmets. Last year, three out of the five riders were wearing helmets, reflecting an even split for both years.
Those against helmet use say helmets make it difficult to see and hear. They also claim they are more fatigued when wearing a helmet and adults over the age of 18 should be able to choose whether or not they wish to wear a helmet. They feel better motorcycle safety education is needed, not a mandatory helmet law.
However, advocates for helmet usage say that motorcycles are not as safe as cars or trucks and point out death from wearing a helmet rarely, if ever, occurs. They also claim that no matter how careful riders are, they cannot prevent a car suddenly pulling out in front of them. A helmet would protect them in this situation.
Tips for Safe Motorcycle Riding
There are many safety tips motorcyclists should keep in mind. First, all motorcyclists should enroll in a motorcycle training course. This will help them learn the skills to safely operate a motorcycle.
Motorcyclists must also remain visible to other vehicles at all times and try to stay out of the blind spots of other vehicles. This is especially important at intersections, where a majority of motorcycle accidents occur.
Additionally, motorcyclists must anticipate what drivers of other vehicles may do. Drivers may make sudden turns or back their vehicles out of driveways without seeing the motorcyclist.
Finally, it is important for motorcyclists to be extra cautions when driving in poor weather conditions and avoid the use of alcohol when riding. Approximately half of all fatal single vehicle motorcycle crashes involve alcohol.
An individual injured in a motorcycle accident due to the negligence of another may be entitled to compensation. An experienced personal injury attorney can provide knowledge and guidance as well as assist with obtaining any available compensation.