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Thursday, July 31, 2014

What Happens if You Are injured in a Public Bus Accident?

Bus accidents, while less frequent than smaller vehicle accidents, still happen. When they do, it can be mayhem all around because of the size and the number of people in the bus. That said, no one knows when accidents can happen. The only thing we know is what to do in the event of one.

Of all vehicle accidents; bus accidents tend to sustain the highest number of fatalities. This is further confirmed by the National Highway Transportation Safety Administration (NHTSA) which says the statistics point to roughly a 37% fatality rate. This is not surprising given the lack of safety features like seatbelts in buses.

The following outlines the important things that we consider extremely useful and helpful in keeping you alive, and most importantly, helping you get the required treatment you need to get healthy and stay alive.

Determine Liability

This is the very first thing you need to do. What caused the accident? Who was at fault? Was it the driver or the other party? Did the other party suddenly cut in front of the bus, thus causing the driver to swerve suddenly resulting in a loss of control? Was the road too wet for traction? Alternatively, was the driver speeding in wet or snowy conditions?

Did the accident happen as a result of a lack of maintenance by the bus company? Did the bus company intentionally overlook some mechanical and electrical issues just to cut costs and save money? Was the accident caused by a jaywalker or an individual who wasn’t alert? Was it caused by an animal suddenly running across the road?

Did the driver suffer from a heart condition that could have impaired his driving? Was the driver too tired or was he suffering from sleep deprivation? Is it possible that he wandered off the road whilst dozing or lost concentration while at an intersection? There are so many questions that you need to ask to prove who was at fault. Starting with these will usually get you started and point you in the right direction.

File Claims for Medical Treatment

Once you get yourself or are checked into the hospital by the EMTs. You or a close family member should start filing for your insurance claims if you have any. It does not matter that the accident is minor or severe. Just make sure that you get a physical within 48 hours after the accident.

This is because going to the hospital after 72 hours will impact your payout negatively. So, make sure you have a clear detail of everything you remember that happened before during and after the accident.

Admittedly, this might be a bit difficult if you suffered a moderate to severe accident. However, whatever you can remember should go in a detailed report. Please note that the claims process is different when the driver's employer is the government.

Suing the Driver and Bus Company

To do this, you would need to get in touch with a seasoned and experienced personal injury and bus accident lawyer. This has to be specific because there are various rules regarding public transport that he will be familiar with. He’ll be able to give you a realistic outlook and possible results based on his experience with such accidents.

If the bus is run by the state government, then the whole thing will take a different turn and can be pretty complicated. Whatever you do, don’t do this alone. Let the lawyers advise you accordingly and take care of any issues that might arise from taking the insurance companies to court if they fail to compensate you adequately.

When not writing, Oscar King works for the Florida Department of Transportation, and has dealt with a number of these sorts of accidents. When they do happen, he usually refers people to Orlando Attorney David Heil for the best consultation and legal reprsentation.

Sunday, July 13, 2014

July 29, 2014 is a HOLIDAY in the Philippines

Proclamation No. 826. Declaring Tuesday, 29 July 2014, as a regular holiday throughout the country in observance of Eid'l Fitr (Feast of Ramadhan).


Please be guided.

Saturday, July 05, 2014

4 Tips for Getting Compensation for Soft Tissue Damage After an Accident


Soft tissue damage like a whiplash or a sprain is very common among car accident victims. However, unlike other types of injuries involving broken bones, damaged organs and torn ligaments, some soft tissue injuries like whiplash can be quite difficult to prove to your insurance providers or in a court of law. This can often impact your compensation or payout. But, armed with the right information, you can get maximum payout for any soft tissue damages you might have sustained in a car accident.

Take All Preliminary Steps
 Admittedly, getting the other party’s details is the last thing on your mind when you’re injured in a car accident. However, if you’re conscious and able to do so, this is extremely important. Try and get their contact phone number, insurance details, and vehicle plate number, before going to the hospital or leaving.
If it’s necessary, contact the police (usually necessary anyway in most car collisions), then get immediate medical help regardless of whether you feel any pain or not. Some soft tissue injuries do not show up until later. Then, take note of all expenses and costs incurred during the period of treatment.

Consult With a Personal Injury and Car Accident Attorney
This might seem unimportant or even unnecessary at the time, but you’ll find that it’s an excellent decision when you’re suddenly out of pocket by thousands of dollars and wondering how you can get it all back.
Compensation from the insurance provider is meant to help you get back to where you were financially before the accident. And the best way to go about it and get speedy results is by consulting a lawyer. Taking this preemptive step, particularly when you’ve just started seeking medical help, can and will help you in recovering all the money spent on your treatment.

Gather All Documents and Evidence
If you have spent any money or have evidence that points to the fact that you have some serious soft tissue injury, or any other evidence that you think will help your case, get that information together before or during the consultation with your lawyer. You will also want to include a demand letter among the evidence that you gather. Often times, insurance adjusters will try to readjust your claims with the excuse that it’s possible you already had a pre-existing condition or that your injuries aren’t as severe as you say they are. This demand letter will include the details of the accident, the impact of the injury on your work and personal life, present treatments you’re getting and possible future treatments if there will be any.

The demand letter should contain every single important detail you can recall. If you have a video recording or pictures of the accident scene, you should include them along with your demand letter. This is what you’ll present as evidence when you file your compensation claims.

Attempt Settlement Negotiations
Usually, with enough evidence and proof, the defender will probably decide to settle out of court. Just make sure that the settlement covers everything you need it to, this is where your lawyer comes in. He’ll be able to properly assess the offer and advise you accordingly.

If your lawyer says the settlement is appropriate, and you feel it is reasonable, you might want to take it. However, if a reasonable settlement cannot be reached, then you will probably need to take the case to court.

If you decide to file personal injury lawsuit, make sure you get a highly experienced personal injury attorney. This will really help your case in court and will be instrumental to helping you get the best compensation payout possible.

Sources:
http://www.all-about-car-accidents.com/resources/auto-accident/car-accident-claims/writing-a-demand-letter-a-car-accident-insura

Oscar King is a recent graduate from FSU School of Law and is presently employed as a personal injury lawyer in the Tallahassee area. Originally from Melbourne, he recommends those seeking personal injury care in that area consult with the Law Offices of David R. Heil if they should need legal consultation after an accident.

Tuesday, July 01, 2014

5 Important Questions to Ask Yourself Before Filing for Divorce



The emotions are boiling over and you’re at your wits end. Maybe you’re emotionless because you’ve already given up on the situation.

Whatever the emotion, or lack thereof, the realities of filing a divorce are a little different – they must be looked at rationally. I fully understand how difficult this may be, given the nature of the problem, but asking yourself a few vital questions prior to filing for divorce will save you from further headaches in the future.

Going after what makes you happy and never settling for things that act against your character are two very important ideals. But unfortunately, the world does not always support ideals and you must make decisions that sacrifice (or at least bend) some of your principles. Hopefully, these five questions will help you with your dilemma.

Questions to Consider

Have You Thought About the Consequences? – Assuming that the divorce is not due to abusive treatment or unfaithfulness, have you really thought about what this decision will do to others? If you have a family or struggle alone financially, you may want to really think about whether the divorce is rational or just emotions getting in the way. All marriages have fighting, but asking the true questions of love and commitment may be needed if you have other real-world obligations.

What about the Children? – Many people in modern society claim that you’re not truly married until you have kids. Children are a blessing, but also provide another layer of commitment on the part of adults – both to each other and the new family. When kids are involved, other lives are at stake in your decisions. Ask yourself, “Who will care for the kids?” Many marriages actually stay together because of children, which could be a blessing or a curse, depending on the real problems of the adult relationship. Identifying these problems is crucial to deciding whether to stay together or divorce. Will the child be better off with two separated parents or a potentially dysfunctional family?

Are We Financially Capable of Divorce? – Finances are considered the number one reason for divorces or continual family problems. Ironically, they are also one of the biggest reasons why adults stay together. Joint incomes and tax filings favor marriages in the United States and people find living together as a married couple is more affordable and manageable. In fact, many older Americans (maybe previously divorced) will marry a friend or long-term girlfriend purely for the financial benefits of not being alone. Rationalize the real reason for your divorce and conclude whether you’re divorcing for happiness or because of recent arguments.

It’s a Long, Long Road to Normality – Not only are there emotional rollercoasters associated with divorces, but other issues will also come into play. Temporary orders may be made for custody and financial support, but eventually a lawyer needs to be hired and custody courts will decide who obtains custody of the child and what the financial break-ups may be. After going through this process, many couples decide to stay together because they know the ramifications of their decisions. In fact, courts have a “cooling-off” period built in because of amount of couples who reconsider their decision.

Living Conditions and Ownership – Particularly with families that split responsibility for financial obligations, have joint bank accounts, and co-sign loans or mortgages, divorcing is not simply “putting pen to paper.” There are processes that must be handled during busy schedules that could carry on for long periods of time. Both parties will be responsible for the debt obligations and mortgage payments, and joint bank accounts must be closed to secure cash for both parties.

Every problem has a solution in the world, it’s just that some of them are harder to solve than others.  Ask yourself if you’re willing to solve it and what the possible consequences are for finding a solution.