6 Common Personal Injury Myths Debunked
Oct 26, 2022

Personal injury myths might discourage you from filing a claim after you suffer an injury due to another person’s negligence. Sadly, you might struggle to pay off medical bills if you don’t file a claim. The injuries can also make it hard for you to work and provide for your family.

You can avoid these problems if you learn about misconceptions about personal injury.

The following are six personal injury myths and the truth about personal injury lawsuits.

1. Personal Injury Lawsuits Take Too Long

Many personal injury victims believe the claim process takes too long. They also fear that if the lawsuit goes to trial, it’ll take years before they can receive compensation.

A lawyer can help you expedite your personal injury case. They’ll help you file the claim paperwork fast and accurately. They’ll also help you gather sufficient evidence to support your claim, which can speed up things.

2. The Insurance Company Will Pay for All Injury-Related Costs

In theory, your insurance company is supposed to cover all injury-related costs. Sadly, this is rarely the case, as many insurers only cover a portion of these costs.

Sometimes, the insurance company can even refuse to pay your claim. If this happens to you, request your insurance company to provide a written explanation of why they denied your claim. You may also need to consult an attorney on the legal action to take in this situation.

A lawyer will evaluate your case, and they’ll advise you on whether you can compel your insurance company to pay your claim.

3. Personal Injury Lawsuits Are Frivolous

Many personal injury victims are reluctant to file claims due to the fear of being deemed frivolous. They fear people might think they’re greedy. Sadly, most of these people suffer in silence, yet they have legitimate personal injury claims.

Here are the key things required in all personal injury claims:

  • The plaintiff has suffered physical injuries, mental injuries, or property damage
  • The damages can be compensated with money
  • There was a clear cause for the injury
  • The defender was liable for that cause

If your personal injury meets the above criteria, you have a legitimate reason to seek compensation for damages suffered.

4. Personal Injury Lawsuits Are Only for Severe Injuries

Many people believe they shouldn’t file claims for minor injuries. However, you might still need medical care even if you suffered a few bruises and bumps. So, you may still need to file a claim for these minor injuries to receive compensation for your medical bills.

However, you might not need to file a claim if you didn’t go to the hospital.

5. Personal Injury Claims Don’t Have a Deadline

You might postpone filing a personal injury claim, assuming you can do it anytime. However, most states have statutes of limitations that bar you from filing a personal injury claim after a certain amount of time has passed. You need to file your claim before this deadline to increase the odds of receiving compensation.

6. Personal Injury Lawyers Are Ambulance Chasers

An ambulance chaser is a lawyer who seeks out injured victims and encourages them to sue for damages. Ambulance chasers don’t care much about their clients, as their main concern is their legal fees. However, most personal injury attorneys are not ambulance chasers.

Consult an attorney to advise you on whether or not to file a personal injury claim. An attorney will also help you debunk other personal injury myths that exist today. They’ll help you estimate the value of your claim and how to fight for fair compensation.

Your personal injury attorney will also help you know when to settle and when to go to trial.

Contact us today to learn how to handle your personal injury case.

Property owners owe a reasonable duty of care to visitors on their property to remove any dangerous conditions that may result in an injury. If you sustain an injury on a person’s property, you may file a premise liability case if you believe they did not take the necessary measures to ensure your safety.

Premise liability cases are the most common personal injury cases there are. However, a lot goes into determining whether a person who wants to initiate a premise liability case has a legal claim. Learn the basics of premise liability cases below.

What Are the Types of Premise Liability Cases?

Essentially, a plaintiff in a premise liability case seeks compensation for injuries caused by an unsafe condition on another person’s property. Below are some types of premise liability cases you should know.

Slip and Fall Accidents

If you slip and fall on public or private property, you can bring a claim for compensation against the property owner or the person responsible for monitoring and maintaining the premises. However, you must prove that the owner or caretaker of the premises caused a spill, tore a surface, or left something underfoot that caused your fall.

If your accident was due to a hazardous condition, you must prove that the property owner or caretaker was aware of the condition and did nothing about it.

When you file a slip and fall case, you must ensure the defendant cannot claim that your carelessness led to the accident.

Dog Bites

Dog owners have a legal obligation to keep their dogs from injuring anyone on their property. Thus, if someone’s dog bites you, you can sue them for compensation for your medical expenses and other effects of the accident.

When the person whose dog bit you has dog owner’s liability insurance, their insurance provider may cover your losses after a dog bite, even if it occurred outside the owner’s premises.

In some states, you may need to prove that the owner knew the dog had a history of biting people. However, in other states, the law holds a dog owner liable for dog bites regardless of whether they knew its history or not.

Other situations that may result in a premise liability case include:

  • Inadequate security
  • Swimming pool injuries
  • Poor maintenance

Who May Recover Compensation in a Premise Liability Case?

When determining whether a person’s legal claim for compensation in a premise liability case is valid, most states focus on the person’s status in the property. A visitor to a property is either an invitee, licensee, or trespasser. Below is a closer look at each classification.

Invitee

An invitee is anyone a property owner invited to their property solely for business purposes. Examples of invitees include customers in a store, tenants in a building, and a delivery man. The relationship between a property owner and an invitee is mutually beneficial.

Licensee

A licensee also gets an invitation from a property owner to access the property for social purposes or another reason unrelated to business. Examples of licensees include a guest at a party, a friend, a neighbor, or a relative.

Trespasser

A trespasser is anyone who accesses a property without the owner’s authorization. Such a person has no right to recover compensation for injuries sustained within the premises they trespassed. However, if the trespasser is a child, the property owner still owes them a duty of care.

Property owners must put warning signs indicating danger that is not obvious in case there is a high likelihood of people trespassing onto the property. Property owners must also avoid intentionally hurting trespassers.

Property owners owe invitees and licensees a duty of care. However, sometimes determining whether or not a person is an invitee, licensee, or trespasser can get complicated. Hence, it is important to have legal representation in a premise liability case.

At Bradley Drendel & Jeanney, we have the best personal injury lawyers in Northern Nevada. Contact us today to consult on your premises liability case.

Medical treatment costs often form a significant part of auto accident damages. Thus, you should pursue full compensation for all your medical damages to maximize your settlement or award. You can only do this by accounting for all the treatments you need or have received for your injury. Below are some of these treatments.

Emergency Treatment

You need emergency treatment immediately after an accident if you have serious or unknown injuries. The ER personnel will stabilize your condition before you continue with general treatment. ER care is useful since:

  • It can help diagnose and treat serious medical conditions and prevent medical complications
  • It provides the evidence you need to prove the seriousness of your auto accident injuries

Don’t refuse ER care, especially if the first responders suggest it. Otherwise, the defendant in your subsequent accident claim might use the denial to downgrade your injuries.

Specialist Treatment

You might need curative specialist treatment after your ER care. Curative treatment addresses the specific injuries you suffered in the accident to make you wholesome again. The curative treatment you need depends on your injuries. For example, you may need:

  • Orthopedic care if you have musculoskeletal injuries, such as limb fractures
  • Neurological care if you have suffered brain or nervous system injuries, such as traumatic brain injuries (TBIs)
  • Cardiology care if you have suffered heart injuries

Your general physician or ER doctor will refer you to the right specialist for further treatment. Take the referral seriously and seek medical care. Don’t ignore the advice even if you feel better.

Physical Therapy

You might need further treatment to regain your pre-accident life, even after a hospital discharge or initial consultation with your general physician. Say you suffered a limb fracture in an auto accident. You might struggle to walk and carry on with your everyday activities even after your fracture heals.

Physical therapy may help you regain your pre-accident stability and strength. The number and frequency of your physiotherapy sessions depend on your injuries’ location and severity. Your treating physician will work with your physiotherapist for optimum treatment. Follow their advice if you don’t want the defendant to argue that you exceeded the necessary sessions.

Psychotherapy

Auto accidents can cause mental injuries with or without physical injuries. Moreover, mental injuries can also trigger physical manifestations. For example, you might suffer post-traumatic stress disorder (PTSD) after a horrific crash. PTSD can cause:

  • Stomach upsets
  • Headaches
  • Sleep disturbances
  • Anxiety

In such a case, you may need psychotherapy in addition to other forms of treatment.

Complementary or Alternative Medicine

Complimentary or alternative medicine (CAM) falls outside mainstream medicine. Examples of CAMs include acupuncture, chiropractic medicine, and herbal medicine. Some people believe exclusively in CAMs, but many use mainstream and CAM medicine concurrently.

Some CAMs have scientific proof of success and are closer to mainstream medicine than others. For example, studies show that acupuncture can help mitigate back pain; thus, you may consider the treatment if your accident leaves you with a back injury.

However, some insurance companies treat CAMs differently from mainstream medicine. Some insurance companies argue that CAMs are experimental and lack proof of effectiveness. As such, an insurance company might be reluctant to compensate you for CAM treatment, especially those that stray too far from mainstream medicine.

One way to get compensation for your CAM expenses is to get your doctor to recommend it. You also have a good chance of compensation if you use both mainstream and CAM and not CAM alone.

You need evidence of all treatment costs to prove your damages. Bradley, Drendel & Jeanney can help you gather the necessary evidence and prove your case in court. Contact us for a free initial consultation to determine how to handle your case.

One of the standard rules for all motorcyclists is to ensure safety during every ride. When people talk about motorcycle safety, most riders think it’s all about having modern equipment to protect them in the event an accident occurs. However, motorcycle safety starts with the condition of the motorbike. Therefore, before you ride your motorcycle, ensure the bike is in good condition.

 

This article highlights four things you should check before you ride your motorbike to prevent accidents.

1. Tires

Motorcycle tires are essential since they offer a contact surface between your bike and the road. Therefore, check your bike’s tire condition before you start your journey.

The first thing that every rider should check is the tire pressure with a pressure monitor. Every motorcycle has a recommended tire pressure that you need to maintain. Under-inflated tires reduce your bike’s braking ability, which puts you at risk of accidents. Additionally, under-inflated tires affect your bike’s fuel consumption. On the other hand, over-inflated bike tires are uncomfortable and may make your tire wear out quickly.

To know the recommended tire pressure, check your bike’s manual or the sticker on your bike’s swingarm. You can also check the step board or under the seat, depending on your motorcycle.

Besides pressure, check the tire’s treads. Most motorcycle tires have tread wear markers. However, the general rule states that a motorcycle tire tread should be a minimum of 1.5mm deep.

Finally, inspect your tires to check if items are lodged in the treads. If you see any strange objects lodged in the treads, remove them quickly since they may puncture your tire and cause a slow leak. These objects may also blow your tire.

2. Electrical System

The main component of your bike’s electrical system is the battery. To check your battery’s condition, open the battery compartment and check whether the terminals are securely attached and free of corrosion. If you notice corrosion, use a cloth and baking soda solution to wipe it away. For wet cell batteries, ensure they have the recommended fluid level. Additionally, check whether the batteries are fully charged using a voltmeter.

After you ensure your battery is in good condition, you can check other electrical components, including:

  • Brake lights
  • Signal lights
  • Headlights
  • The starter
  • The engine kill switch

The best way to know if these components work properly is to turn the key in the ignition.

3. Side Mirrors

Motorbikes have side mirrors that help the rider check the traffic condition on the road. With time, dirt may accumulate on your mirror, which affects your vision. For this reason, you need to clean your motorcycle mirrors with vinegar. You can also use baking soda solution and a piece of cloth.

Besides dirt, your mirrors may also become loose or misaligned, especially if you drive on rough terrain. If your mirrors become loose, use a spanner to tighten them. On the other hand, if your mirrors are misaligned, you can adjust them. However, you should first stop your bike before you adjust the mirrors. Adjusting motorcycle mirrors when driving puts you at risk of accidents.

The suitable angle for a motorcycle side mirror varies from one rider to another. Therefore, ensure you adjust your mirror to a comfortable angle that offers a good view of the road.

4. Engine oil

Motorbikes contain engine oil that helps lubricate the components in the combustion chamber and the crankshaft. Moreover, oil prevents your engine from overheating.

However, your engine oil level may reduce due to leakage or consumption. Checking the engine oil level is quite easy. First, place the bike on its center stand and run the engine for about one minute to warm the oil to ensure you get correct readings. Remove the oil cap and put a dipstick inside.

The correct motorcycle engine oil level is between the maximum and minimum markers. If the engine level is low, add more.

Preventing motorcycle accidents is essential since treating accident injuries is quite expensive. However, you can ask for compensation to cater to the hospital bills if you get involved in a motorcycle accident. If you need an attorney to represent you, contact Bradley, Drendel & Jeanney.

Each year, nearly 89,000 motorcyclists in the US get involved in accidents. When you are a victim of a motorcycle accident caused by a reckless road user, you are entitled to compensation from the negligent party’s insurance company.

Your actions immediately after a motorcycle accident and when filing your claim have a bearing on the outcome of your case. Thus, you must avoid mistakes that may compromise your claim. Read on to learn about four costly mistakes to avoid if you want a successful outcome in your motorcycle accident injury claim.

1. Failing to Seek Medical Care

After a motorcycle accident, most people fail to seek medical attention if they have no visible injuries. The adrenaline coursing through your body and the shock after a motorcycle accident may prevent you from feeling pain. But even if you feel fine, you need to see a doctor soon after the accident for two reasons.

First, you may have a hidden injury that may later develop into a life-threatening condition. Secondly, when you see a doctor, you have a chance to get a documented report showing the extent of your injuries.

A doctor’s report is vital in a motorcycle accident injury claim because the insurance company may question the extent of your injuries or claim that they are not accident-related to reduce your settlement.

2. Not Gathering Evidence

Without evidence, your claim lacks credibility. Thus, you are likely to lose the case. Evidence provides your attorney with the necessary information to build your case against the at-fault driver. Vital evidence to gather for a motorcycle accident injury claim includes:

  • A record of medical treatment expenses related to the accident
  • A doctor’s report indicating the nature and extent of your injuries
  • Property damage repair costs
  • Pictures of the accident scene
  • Pictures of your injuries
  • Pictures showing damage to your motorcycle and property

Avoid repairing your motorcycle or any property damaged during the accident before the claim gets settled. Do not also replace any gear, such as your helmet if it was lost or damaged during the accident, as this complicates proving your claim.

Ensure you also record any productive time or income-earning opportunities lost after the accident to strengthen your claim.

3. Not Informing Your Insurance Provider About the Accident

Many people involved in motorcycle accidents do not report the incident to their insurance company. You need to file a claim with your insurance provider after an accident caused by a negligent third party, and you have an obligation to report the accident.

Sometimes, the at-fault driver does not have adequate insurance or is uninsured. In such instances, if your insurance company already knows about the accident, they may give you coverage.

Negligent drivers sometimes fail to report accidents to their insurance companies to avoid looking guilty for the incident. Thus, failing to report the accident makes you look like you are hiding something. Report the accident to demonstrate your willingness to do the right thing.

4. Not Hiring a Motorcycle Accident Attorney

You do yourself a great disservice by failing to hire an experienced motorcycle accident injury attorney after the accident. An attorney advises you on mistakes to avoid in your claim. They also help you gather evidence and build a winning case.

 

An attorney represents you during negotiations with the negligent driver’s attorney and their insurance provider, ensuring they do not lowball you on the compensation.

If negotiations with the insurance company fail, your lawyer files a lawsuit and represents you in the trial to ensure you get the justice you deserve. Do not despair if you have already made any of the above mistakes. You can turn things around with the right attorney in your corner and maximize your claim.

The experienced attorneys at Bradley, Drendel & Jeanney have handled many motorcycle accident injury claims and know how to build a winning case. Contact us today to consult on your motorcycle accident injury case.

According to the National Highway Traffic Safety Administration (NHTSA), 80 percent of motorcycle accidents result in injury or fatality. The high rate of injury and fatality is attributable to the motorcycle structure, where the rider and the passenger are not covered as it is with cars. For survivors, motorcycle crashes can lead to severe, life-altering injuries such as spinal cord injury, head injury, and traumatic brain injury.

Motorcycle crashes may occur due to the negligence of another party, such as a motorist. If you suspect your motorcycle accident resulted from the carelessness of another party, file a motorcycle accident claim.

Through the claim, you can recover damages for property damage, lost wages, medical expenses, permanent disability, pain, and suffering. While the compensation can greatly vary depending on crash severity, work with a reputable motorcycle injury attorney to maximize reimbursement for your claim.

To avoid getting involved in a motorcycle crash, you need to understand what causes these accidents and how to avoid them. Learn the top causes of motorcycle accidents.

Inexperienced Riding

Inexperienced riding is one of the top causes of motorcycle accidents. NHTSA reports that in 2019, 30 percent of riders involved in fatal accidents did not have valid motorcycle licenses.

For amateurs, driving too fast, making unsafe moves, or attempting risky stunts can quickly turn into a crash. Also, some people will just start riding without getting training first. An untrained motorcyclist can endanger their life and the lives of other road users.

Before getting on the road, every motorcycle rider should get adequate training and learn how to operate motorcycles, gauge conditions, and manage different situations. If you haven’t completed your motorcycle classes, finish your classes before you hit the road. And if you’re a newly licensed rider, avoid risky behaviors such as speeding, which increases the odds of an accident.

Lane Splitting

Lane splitting is where a motorcycle rider rides between lanes of still or slow-moving cars. Lane splitting is illegal in most states, but riders continue to risk their lives in this unlawful act. Lane splitting is especially perilous to inexperienced motorcyclists.

Lane splitting is very dangerous since riders are less visible to drivers, and collisions are almost unavoidable due to the limited space between rider and vehicle. For instance, a collision is harder to avoid if a driver or passenger unknowingly opens a car door while a rider is lane splitting at high speed. As a motorcyclist, avoid lane splitting completely to protect yourself against related crashes.

Left Turns

One of the leading causes of motorcycle versus vehicle collisions is left-hand turns by cars. In most cases, left-turn accidents are fatal especially when a motorcyclist speeds. Common situations when these accidents occur include when the rider is passing, moving straight, or overtaking another vehicle. Most motorists misjudge the rider’s speed and distance, make a left turn, and cause the accident.

To avoid left-turn accidents, keep your eyes on the road and maintain a safe distance from any car that appears about to take a turn. Also, observe vehicles waiting at an intersection, traffic gaps, and vehicles driving into a parking lot.

Road Conditions

Most riders overlook roadway conditions, unaware they could easily cause a crash. While a motorist might fail even to notice some road conditions, the same elements can cause a major motorcycle crash. These conditions include roadway defects such as potholes, lack of road signs, poorly lit roads, lack of guardrails or dividers, poorly designed intersections, and sand, debris, or loose gravel on the road.

As a rider, always evaluate the road conditions and develop a safe plan to ride in the situation.

While some causes of motorcycle accidents are avoidable, others are beyond riders’ control. If you’re a motorcycle crash victim, work with a reputable attorney to receive maximum compensation. Contact us at Bradley, Drendel & Jeanney for legal guidance and representation in your motorcycle accident claim.

With the rise in motorcycle accidents, please be cautious about your safety. An accident can change many aspects of your life or cause long-term injuries. Also, preparation for such situations is paramount since you can’t tell when you might be involved in one. Explore the do’s and don’ts at a motorcycle accident scene to protect your legal rights.

Do’s

You don’t always expect to be involved in an accident, so knowing valuable information is paramount. Don’t let your guard down when a motorcycle crash occurs. Instead, take the important steps discussed below.

Call 911

The Insurance Information Institute (III) recommends that you alert the highway patrol or the police, especially if there are injured parties. The law enforcement agency will contact a medical team and inspect the accident scene. When the police arrive, relay all details and only give a true account of what you saw and experienced. A police report is crucial evidence if you file a claim against a negligent motorist.

Take Videos and Photos

Take clear pictures and record videos of the scene if that doesn’t endanger you. Accident reconstruction professionals use pictures and videos to piece together the details and ascertain who is at fault. You would be better off if you captured the photos at different angles for clarity.

Get the Contact Details of Other Parties

Collect the contact information of motorists and eyewitnesses before you leave the scene. Focus more on the address, insurance information, and phone number of the at-fault motorcyclist. Eyewitnesses are important if you want the negligent or at-fault motorist to account for your injuries or losses.

Contact a Personal Injury Attorney

  • Hire an attorney immediately to protect your legal rights and allow them to gather evidence to prove your case.
  • Your injuries and damages are a result of the accident

If you can’t contact an attorney at the scene, please do so the soonest you can.

Don’ts

After an accident, some actions compromise your right to compensation for harm. For example, if you tell the police that you aren’t injured, and the injury manifests later, you may find it hard to prove that your injuries resulted from the accident.

Understanding what to avoid after an accident is just as important as what to do after one, so here are the things you shouldn’t do.

Don’t Refuse or Delay Medical Help

Even if you don’t feel any pain or have visible injuries, let the medics do the necessary tests. Some injuries have a delayed onset, for example, traumatic brain injury. You wouldn’t want to jeopardize your health, so a medical examination is paramount. Also, the medical reports are critical to proving your injuries in a lawsuit.

Don’t Post Information Online

You likely want to share your experience, ask for information, or inform your relatives and friends about your situation. Whichever reason, don’t reference or post about your accident. Defense attorneys for the at-fault motorist’s insurers could use that information against your injury claims. In addition, your posts can be interpreted in ways to dispute your claim.

Don’t Apologize

A motorcycle accident is a chaotic experience that will probably disorient and frustrate you. You may feel the urge to apologize even if the accident isn’t your fault in the heart of the moment. Apologies jeopardize your chances of receiving compensation. The insurance company uses your apologies against you as evidence of culpability. Note that you might still receive compensation but of a lower amount.

Conclusion

If you suffer harm in a motorcycle crash, Bradley, Drendel & Jeanney help you explore your legal recourse action. You get an expert to build a solid case, negotiate with the insurers, and ensure you get compensation for injuries. Please don’t delay personal injury claims; contact us today for excellent representation.

Elderly adults who reside in nursing homes and long-term care facilities cannot adequately meet their own needs and must rely on the facility’s staff to provide care that ensures the healthiest, happiest quality of life possible. Nursing home staff are responsible to uphold a high standard of care for facility residents that includes the fulfillment of their physical, emotional, and medical needs.

When nursing care staff fails, whether intentionally or unintentionally, to attend to each component of a resident’s wellness, it may signal neglect at the hands of facility staff. One easily overlooked mode of nursing home neglect shows up in the form of dehydration or malnutrition. Let’s take a look at how to spot the signs and how you can protect a loved one you suspect is at risk for this condition.

Seniors and the Impact of Malnutrition and Dehydration

Though both malnutrition and dehydration are detrimental for all ages, older adults are at a greater risk for both the development of these conditions and for the negative health consequences that may result. In some cases, malnutrition and dehydration can cause significant health complications that call for urgent medical attention.

Seniors who reside in a nursing home are subject to the menus, feeding schedules, and care practices of the facility. If a nursing home resident is malnourished or dehydrated, illness, fatigue, a weakened immune system, and decreased cognitive and bodily functioning can occur.

When a nursing home resident has pre-existing health conditions, it is especially imperative that the nursing home meets their nutrition and hydration needs. Inadequate nourishment has both physical and emotional effects and can make nursing home residents depressed, anxious, fearful, distrustful, or otherwise distressed.

Signs and Symptoms

The symptoms of malnourishment and dehydration can be difficult to spot unless you know what to look for. Some of these signs include:

  • Anemia or other nutrient deficiencies
  • Dizziness and disorientation
  • Dry mouth
  • Infrequent urination or bowel movements
  • Recurring sickness or injury
  • Thirstiness and hunger
  • Unexplained fatigue or irritability
  • Weight loss

Both dehydration and malnutrition are often accompanied by symptoms that may seem unrelated to the conditions, such as confusion, nausea, vomiting, diarrhea, or excessive sleepiness. In these instances, the resident should receive medical attention as soon as possible.

Malnutrition and Dehydration as Nursing Home Neglect

Nursing home residents often have weaker hunger and thirst signals, immune systems, bodily function capacities, and energy levels. They may also experience memory impairments, physical imbalances, more frequent illnesses, and various physical or emotional impairments that require third-party intervention in order to be successful in their day-to-day lives.

Employees at a nursing home are responsible to ensure residents remain healthy and well cared for in spite of the residents’ lack of personal capabilities. From noting important medication side effects to monitoring mental and physical health symptoms, nursing home staff are not only mandated by their employer to provide a high standard of care but they are legally obligated to do so.

Under the law, each staff member is obliged to stay on top of each resident’s potential fluid imbalances, nausea and diarrhea, fevers, medication-related side effects, and diet changes and adjust care as needed. When staff fails to attend to a resident’s, their actions can be found to be unlawfully neglectful. In these cases, both the individual nursing home employees and the facility itself may be found liable.

Suspected cases of nursing home neglect should be reported right away to avoid serious health complications that can impact the quality and duration of a resident’s life. Whether a loved one has begun to exhibit the symptoms of malnutrition and dehydration or you have concrete evidence of nursing home abuse or neglect, the law offices of   Bradley, Drendel & Jeanney   can step in as an advocate for your family.

How you talk and interact with the other driver after a collision is crucial to your subsequent claim. Use these tips to ensure your words and actions don’t hurt your claim.

 

Check If the Other Driver Is Okay

Health is the most important thing after an accident. Check on the other driver if you are all right or have only suffered minor injuries. Every minute counts in such cases. If you are lucky enough to get out of the car after a fender bender but the other driver is still in their car, check if you need to call for emergency services or help the driver in any way.

Don’t Decline Medical Help

If the other driver is all right and you have injuries, they may approach you and offer to help. For example, the driver may offer to call for an ambulance to take you to the emergency room. Don’t decline the help, even if you are angry or feel that your injuries are minor.

Maybe the other driver has seen something, such as blood or a twisted body part, which has convinced them of your injuries’ seriousness. After all, the adrenaline rush and shock that people experience immediately after trauma often mask pain. Your injuries might worsen if you don’t get immediate medical attention.

In addition, you show that your injuries are minor if you decline offers of medical care. The other driver might use that against you when you eventually file your claim.

Don’t Accept Liability

should never accept liability after a car crash for two main reasons. First, your auto insurance company requires you not to admit liability after an accident. You complicate the insurance company’s legal work if you admit liability.

Secondly, liability is not always clear after a crash. The confusion, injuries, and limited understanding of injury law might make you think that you are in the wrong, even if the other driver is liable for the crash. Do not apologize for the accident since an apology constitutes indirect admission of liability.

Don’t Retaliate

Some drivers’ actions can leave you furious. For example, a driver might cut in front of you or sideswipe you if their phone distracts them. Such actions might tempt you to retaliate, for example, by running such drivers off the road if your car still runs.

Unfortunately, such road rage will only complicate matters for you. First, road rage that causes damage or injuries is a crime. Secondly, the damage or injuries you cause might attract a counterclaim from the other driver. Calm down before you engage the other driver if you need to.

Don’t Forget to Exchange Information

Exchange the necessary information with the other driver. Request the information politely if the other driver doesn’t offer it. The information you need includes the driver’s name, address, phone number, driver’s license, and insurance information.

Don’t Discuss the Accident

Don’t discuss the accident with the other driver. The more you talk, the more you will let something slip and complicate your claim. For example, the driver might learn that you were rushing home to your child’s birthday party and assume that you were speeding. The driver might then claim that your speeding caused the accident.

Don’t Negotiate a Cash Settlement

Lastly, do not negotiate a cash settlement with the other driver. Most people will only offer you cash if they feel liable for the crash. Some people also offer cash if they don’t have auto insurance.

Unfortunately, on-the-spot cash settlement is bad for multiple reasons. For example, you don’t know your claim’s value immediately after a crash. Secondly, the other driver might go back on their word and sue you for damages even after you accept their offer. Politely insist on the proper channel of involving the insurance companies.

Contact Bradley, Drendel & Jeanney for help if you are involved in an accident. Use our legal expertise and decades of experience to get the compensation you deserve.

Motorcycles can be much more dangerous than the average enclosed vehicle. If you are in an accident on a motorcycle, nothing softens the blow of the force of another vehicle or object. One thing that can provide you protection is a helmet. Helmets can ultimately mean the difference between life and death.

 

What Is Personal Injury Law?

Personal injury law gives someone who was injured in an accident or at the hands of another person the right to take the at-fault party to court or file a lawsuit against them to be reimbursed for any damages. If you were in a motorcycle accident, then you should look into filing a personal injury claim.

Possible Causes of Motorcycle Accidents

The possible causes of motorcycle accidents may seem obvious and preventable, but take a closer look at the following causes:

  • Reckless driving
  • Speeding
  • Intoxication
  • Distracted driving
  • Poor visibility
  • Inexperienced drivers
  • Bad weather

Motorcycle accidents are more common than they should be, and they can often be fatal due to the limited protection offered by a motorcycle. Being alert and aware of your surroundings is crucial to safely sharing the road with others.

Personal Injury Claims and Failure to Wear a Helmet

Helmets are one of the very limited options a motorcyclist has for safety. Helmet laws vary from state to state, but in Nevada, all motorcyclists and their passengers are required to wear a helmet. If you have been in a motorcycle accident without a helmet, you can still file a personal injury claim, but your chances of winning will decrease because you could be seen as negligent for not wearing your helmet.

Personal Injury Rewards

The possible rewards for a motorcycle accident are the same as most other personal injury cases.

These rewards can include money towards:

  • Medical bills
  • Pain and suffering
  • Lost wages
  • Property damage

Even if you are rightfully entitled to compensation, you do not have an unlimited amount of time to file your personal injury claim.

Statute of Limitations

Personal injury cases do have a statute of limitations. To make a personal injury claim in Nevada, you have two years from the date of the accident. After the two-year mark, the other party involved can generally ask for a dismissal. If you work with an attorney, they can help you make sure you do not miss any deadlines.

Settling Versus Suing

You might want to take your case to trial because the rewards can be much greater, but going to trial may not always be the best decision. If a driver is not obviously at fault, then you could be worse off by going to trial. You will need to work with your attorney to decide the best course of action. If the other party wants to settle, you may want to take the offer. You are not guaranteed compensation when you go to trial.

Motorcycle Accidents That Result in Death

If you have lost a loved one to a motorcycle accident, you can file a wrongful death claim. A wrongful death claim lets you sue the at-fault driver for compensation for the following:

  • Loss of income (e.g. if your partner died and they were contributing to the household bills)
  • Medical bills
  • Funeral costs
  • Pain and suffering

However, a wrongful death claim can be difficult to win. Your attorney will need to convince a judge and/or jury that the death was a direct result of the accident.

If you or someone you know is in the middle of a personal injury case because of a motorcycle accident, contact us at Bradley, Drendel & Jeanney for a free consultation.