5 Mistakes To Avoid While Filing An Accident Case

5 Mistakes To Avoid While Filing An Accident Case

How do you file an accident case against someone? This is a question that many people have when faced with the possibility of having to take legal action. The process can be complicated, but it does not need to be. In this blog post, we will go over five mistakes that one should avoid when filing an accident case and how they can affect your chances of winning according to Caffee Law Firm.

Not Documenting The Accident Scene

This is a very commonly made mistake, and it can severely affect your chances of winning. If you do not document the scene, there may be evidence that has gone unrecorded, leading to problems later in court. Make sure to take pictures or videos immediately after the accident to have documentation of what happened before anyone else has had time to alter the situation.

Identifying Yourself With Your Name And Address

It is important to keep your identity confidential when filing an accident case. You do not want anyone involved in the incident to find out that you filed a complaint against them and then retaliate by hiring someone else to file their own complaint against you.

Not Gathering Evidence

False evidence will lead to inaccurate conclusions, which would cause problems later down the line if there are inconsistencies in the testimony. Get all available evidence that you can to strengthen your case and show how real it is.

Not Getting Proper Medical Attention

Proper medical attention is necessary when filing an accident case because it helps prove that legitimate injuries were sustained during the incident. The best way to get this evidence is by going straight to a hospital or clinic and obtaining a medical report from a doctor as soon as possible so that there is no chance of them forgetting about it later on in the process.

Not Asking For Legal Representation

Getting legal representation will significantly increase your chances for success when filing an accident case because they have experience with these types of cases and know what to do to make sure that the complaint is filed correctly.

Avoid making these mistakes to win your accident claim without facing any adversities.

How Are Paid Breaks Different From Unpaid Breaks?

How Are Paid Breaks Different From Unpaid Breaks?

Every organization has its own working culture, but there are certain rules that all of them have to follow depending on which state they are based in. Take the example of New Jersey, where if an employer has a rule of relieving its employees for about 30-40 minutes during the workday for the lunch break, then it’s mandatory for the employer to not designate them any work during this period. Since the total number of hours employees work excludes lunch break hours, they can deny working during that period, and an employer cannot force it upon them at any cost. 

Legal Implications of Not Following State’s Rules:

Just like the scenario mentioned above, if the employer decides to not let employees have break-time due to increased work pressure, then they must be paid extra for that period. 

Likewise, if an employee has been asked to stay at his desk during the lunch hour and he takes his lunch along with answering work calls or doing some other work-related tasks, then it cannot be considered his free time. He is entitled to be paid for his time at the desk. 

The employer cannot force employees to trade their free lunch breaks to work extra and get away without paying them the hourly wage for that period. 

If you notice something like that happening at your organization, then you must approach this matter legally. The first step in this regard is to hire a skilled lawyer from the Brach Eichler Injury Lawyers firm that has been dealing with such matters for years and can guide you properly as to how you can make your employer pay for his mistake. 

Once you have connected with a lawyer, you may be asked to collect certain shreds of evidence that can strengthen your claim. Follow all the instructions carefully to build a strong case. 

As soon as you are ready with the necessary evidence, you can approach the court and sue your employer for unlawful employment practices. This process may take some time, but if you have valid evidence that proves your employer’s negligence in this matter, you will have the last laugh and receive compensation for all the troubles faced at the workplace.

Trucking: Rollover accidents by the numbers

It seems like it should be a law of nature: just as there are many different kinds of cars and trucks on the roads, there is also an equally large number of ways to get into an accident. Semi-truck drivers, in particular, have a lot more to be worried about, since an accident could have devastating effects that are felt by more than just the driver. While most of these accidents are due to errors by the driver, some of them occur due to oversight and laziness on the part of the transportation companies.

This study from 2008 analyzes one accident in type in particular: a rollover, which occurs when a truck tips over due to centrifugal force on the vehicle. It is estimated that rollovers comprise about 9% of all accidents involving large trucks. Looking at crash data from 2001 to 2003, this would mean rollover accidents accounted for 13,000 of the total number of crashes that involved fatalities or injuries. The results of the study claim that the majority of rollovers are caused by some sort of driver error, like a driver taking a turn too fast. In fact, they found that speed was the top contributing factor to rollover accidents, being the cause of 45% of crashes studied. In contrast, for truck accidents of every type, speed is only the main factor in 23% of crashes. The second largest contributing factor to rollover accidents was inattention, mostly due to sleep deprivation. This is not surprising considering how many hours truck drivers are required to be on the road. However, there is a small percentage of accidents like this that are caused by a truck being improperly loaded and unbalanced, which causes rollover accidents more than other types. The truck is too heavy, having the load improperly secured in the back of the truck, and having the center of gravity placed too high in the truck are all causes for rollover crashes.

Because of how large a semi-truck is, it is an unfortunate fact that many accidents affect other drivers on the road. Regardless of whether the rollover was caused by an error on the part of the driver or the transportation company, there are many cases where an affected driver may need a specific truck accident lawyer to help them figure out who was responsible. Even if self-driving trucks become the norm and driver error is no longer a factor, the trucks will still have to be loaded precisely so that rollovers are prevented. It should be the transportation company’s responsibility to make sure the weight and balance of the truck are stable at every point in its journey.

There are many weigh stations along our nation’s highways, and these are very important for determining if a truck is overweight and at risk of an accident. However, making sure the load is fastened properly and that the center of gravity is low in the truck should also be a priority for these stations in order to prevent rollover accidents.

Difference Between Assault and Battery

Assault and battery are often associated with each other, so some of us think that they are somewhat the same. In a way, they are, because they essentially tackle threats of violence and physical altercations, that can lead to physical injury, emotional and psychological damage, and other inconveniences. But according to the website of Charleston personal injury lawyers, assault and battery are not exactly the same.

Assault happens when the conduct of another person gives you reasonable fear of bodily harm. For example, if a person threatens you of injury, and this person has the capability to actually execute it, he may be guilty of assault. The key here is knowing that the words the person uttered are not empty threats. They have the physical ability and the machinery to put the threats into action, putting you in a place of reasonable fear. This means that a person may be guilty of assault even though there is no physical contact yet.

For example, if a person throws a rock on you and he misses, he may be guilty of assault even though you are not hurt, because there is sufficient evidence for harm. If the rock hits you, the person may be charged with battery.

Battery happens when a person performs a violent act against you, regardless of the degree and force of the act. Examples of such violent acts are beating, using of dangerous objects that can cause injury, and using of weapons that can cause serious injury.

Below is the significant differences between assault and battery.

  • Assault does not require physical harm
  • Battery requires physical harm
  • A person who is guilty of assault is not necessarily charged with battery
  • A person who is guilty of battery is essentially guilty of assault as well
  • Assault may be hard to prove because it is not easy to provide evidence of threat
  • Battery may be easy to prove because of physical evidence
  • Battery often has a more severe punishment

The essential difference of assault and battery is the amount of contact between the assailant and the victim.

What Can You Do About Aviation Accidents?

2014 was not a kind year to those who have a fear of flying. There has been some devastating news as of current events on the aviation accidents that have resulted in one year alone. With one entire aircraft completely missing, one passenger plane shot down over war-torn Ukraine, and one ripped out of the sky, presumably by stormy weather – any and all fear of flying as a result of these incidents is more than justifiable. There is no repairing the hurt brought by these incidents and there is no replacing what so many families have lost due to these incidents. It does not mean that those who have lost so much in an aviation accident are condemned to just mourn. It is the promise and responsibility of airlines and their crews to ensure maximum safety for its passengers. Should there be any injuries or fatalities as a result of negligence, it is well within the right of the bereaved to press charges or file a legal complaint against all those who are responsible for the accident. There is very little that can be done to soften the blow that can only be the consequence of a plane crash or any other sort of aviation accident. Sometimes, the fault is in the manufacturing of the aircraft itself or, as it has been reported in some cases, there have been pilots who were under the influence of alcohol when taking the wheel of the aircraft. There are probably a plethora of reasons as to why an aircraft would fail and cost so deplorably. Every measure is taken in order to guarantee the safety of all those who board a plane and so the reason as for failure during flight is usually a result of negligence. This is an inexcusable reason. If you are looking for justice with regard to an aviation accident, it is advisable for you to seek legal counsel comprised of dedicated and intelligent professionals who can get you the result and recompense you deserve after what is certainly a trying time in your life.

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