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When To Hire A Personal Injury Lawyer

When To Hire A Personal Injury Lawyer

If you’ve sustained an injury during an accident, you may be wondering whether you should handle the case yourself or hire a personal injury lawyer. Filing a personal injury lawsuit requires a comprehensive knowledge of the complex legal system and specialized skills and training that a personal injury lawyer can offer you. 

Unfortunately, we’ve seen many individuals attempt to handle their own personal injury lawsuits and fail. There are countless studies proving that a plaintiff represented by legal counsel will net more than three times the money than had they handled their own claim. A claimant generally lacks the knowledge to prove liability and truly validate the severity of the injuries they’ve sustained. 

If you’ve been involved in any of the following situations or suffered very serious injuries as a result of an accident, you should get in contact with us right away. 

You’ve Suffered Long-Term or Permanently Disabling Injuries

If you’ve sustained injuries in an accident that will require long-term care, have left you permanently disabled, or significantly affect your physical abilities or appearance require the assistance of a personal injury lawyer. It can be difficult in these situations to calculate how much the injuries you’ve sustained are worth and furthermore, it’s challenging to determine how your injuries will affect your earning capabilities over time. You need a lawyer with an extensive knowledge of this process to pursue all applicable forms of compensation for your injuries and loss.

You’ve Suffered Significant Injuries

The amount of compensation you ultimately receive is largely dependent upon the severity of your injuries which is measured by the dollar amount of your medical bills, the type of injuries sustained, and the length of your recovery. The higher your potential compensation amount, the more likely you are to surpass the policy limits of the at-fault party’s insurance policy, which means that the insurance company may only pay you a fraction of what you deserve. Hiring a personal injury lawyer ensures that you will receive the total amount of compensation that is owed to you.

Several Parties Are Involved or Fault Is Not Clear

If you were involved in an accident where several parties could potentially be liable for the injuries you sustained, you should contact a personal injury lawyer. When multiple parties with multiple insurance companies are involved, it can become very complicated to juggle. Several people may have been injured during the accident which means there won’t be as much settlement money when split between the involved parties or you could ultimately have your settlement reduced due to your proportional fault in the accident. 

When Medical Malpractice Is Involved

If you have suffered an injury or illness due to unprofessional, incompetent, or negligent conduct at the hands of any medical care provider, you will find yourself overwhelmed taking into account both the medical and legal laws in your particular case. We do not recommend attempting a medical malpractice case on your own as they can become very complex.

When You’ve Sustained Toxic Exposure

It can be difficult to prove that you’ve fallen ill due to exposure to contaminants in products, food, or in the air, soil, or water. These claims often require complex scientific data and evidence that can be very hard to come by, particularly because the chemical and other similar industries have protected themselves so diligently from legal trouble. This is yet another situation where we strongly recommend against going it alone.

When the Insurance Company Refuses to Pay

In some circumstances, insurance companies simply refuse to make a settlement offer or one that is fair. If you find yourself in this situation with the at-fault party’s insurance company or negotiations with said insurance company have broken down, contact a personal injury lawyer right away. 

If you have been involved in any of the situations described above or find yourself in need of a personal injury attorney, contact us right away. We will represent your best interests in settlement negotiations with the at-fault party’s insurance company and will do so in court if that is determined to be the best course of action.

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How Preexisting Injuries Affect Personal Injury Claims

How Pre-existing Injuries Affect Personal Injury Claims

A preexisting injury or medical condition refers to injury or condition that you suffered prior to the injury for which you are currently filing a lawsuit. In this situation, you are required to disclose the presence of any preexisting injury. Having a preexisting injury or condition won’t keep you from recovering damages when you file a personal injury claim but it is considered when calculating an award for damages and may impact the value of your claim. 

What is considered a preexisting injury or condition?

While any injury or condition that existed before you sustained new injuries can be considered a preexisting medical condition, the most important in a personal injury case are those that affect or interact with the new injuries. These are a few common examples of preexisting injuries:

  • Injuries that have not healed properly or are still in the process of healing
  • Injuries you have sustained from a previous, unrelated accident
  • Medical conditions that surface only during times of stress
  • Birth defects or congenital abnormalities

Preexisting injuries can be aggravated by a new injury to the same part of the body and that aggravation can increase resulting pain and suffering and delay your recovery. 

Why you need a personal injury attorney

Without an attorney, you have to defend your medical history and prove that your current injuries are largely due to the accident and not your preexisting medical condition. In order for your previous injuries to significantly impact your personal injury claim, you have the burden of proving that your preexisting injuries have a causal relationship with your current injuries. An attorney is able to defend your medical history and prove that your current injuries are primarily due to your recent incident and not your prior medical condition. 

In order for an attorney to properly prepare for your particular situation, it is imperative that you disclose your prior medical history, no matter how unrelated your current injuries may seem. An attorney can then employ past medical records and diagnostic tests and compare them with past records and tests to determine how the accident worsened the preexisting condition. The attorney can also use clinical records to compare the plaintiff’s extent of necessary care, degree of pain, or disability before and after the incident. 

If you or a loved one is pursuing a personal injury claim and has a preexisting condition, it is imperative that you contact a knowledgeable personal injury lawyer at Montagna Law for assistance. We’ll help you to understand how your preexisting condition may impact your claim, why the defendant might use it to discredit your new injuries, and how you can help us to present the most effective case under your particular circumstances.

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When to Hire a Social Security Disability Lawyer

When to Hire a Social Security Disability Lawyer

If you are in need of Social Security benefits, money is likely a concern if you are unable to work, which can make you reluctant to hire a Social Security lawyer to pursue your claim. However, there are benefits associated with hiring a Social Security lawyer and deferment of costs that you would otherwise miss out on. We break down below the potential benefits and costs of hiring a Social Security lawyer in order to help you make the best decision for your situation. 

Costs

The costs of hiring a Social Security lawyer are relatively straightforward: disability lawyers charge a fee that is regulated by federal law and is generally the lesser of 25% of your disability backpay or $6,000.

-Jon Montagna

Note that this figure does not include costs that may be associated with your claim such as transcript fees, postage, making copies, etc. Usually, there is little to no money required up-front and you are only required to pay if your lawyer wins your case. 

Why you should hire a social security disability lawyer

Most people agree that the benefits of hiring a Social Security disability lawyer far outweigh the costs listed above. This is primarily because a lawyer is a professional who offers an advanced education in law and a daily working knowledge of Social Security laws. He or she will greatly improve your chances of a positive outcome by helping you to avoid pitfalls that you may not even be aware of. While some people who file a Social Security disability case on their own are approved, statistics show that applicants represented by legal counsel are far more likely to be approved for benefits, and more of them.

From submitting the initial application to the hearing and aftermath, Social Security lawyers understand how to present the case in a manner that will yield success for the client. It can be helpful to determine your need for legal counsel by answering a few questions and being honest with yourself: 

  • Do you know how to write with proper legal citations?
  • Are you familiar with the rules of evidence? 
  • Do you know and understand every step in the process of submitting a Social Security disability claim?
  • Do you know who you will be dealing with during the claims process?
  • Do you have any experience with Social Security disability law?

If you found yourself answering no to any of those questions, it may be in your best interest to pursue the services of experienced legal counsel to improve your chances of the best possible outcome. 

When should you hire a social security disability lawyer?

The general rule here is the sooner, the better. Many in this situation will try to get the ball rolling on their case and then contact a lawyer after running into problems in the process. This option is not always unsuccessful, but it certainly isn’t the recommended course of action. Often times, getting a lawyer involved halfway through the process forces the lawyer to spend extra time correcting potential mishaps that may have been made and then trying to minimize the damage done. 

Instead, it’s best to consult a lawyer as early in the process as possible to gain an understanding of the process, what is required of you, and to identify potential holes in your case. If at that time you decide you can handle it on your own, you can proceed without legal counsel and you will sleep better at night knowing you’ve done everything you could.

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What to Expect in a Consultation with a Personal Injury Lawyer

What to Expect in a Consultation with a Personal Injury Lawyer

If you’ve been wrongfully injured and are looking to file a personal injury claim, you probably have hundreds of questions about the process of hiring a personal injury lawyer, preparing for your settlement or trial, and the aftermath of the case. We are here to take the guesswork out of what you can expect in a consultation with one of our personal injury lawyers.

Your first meeting with a personal injury attorney is important because it gives you a chance to learn more about the process of filing personal injury claims and it also allows you to evaluate the lawyer’s level of expertise in a case such as yours.

-Jon Montagna

You can expect to have an open discussion with your attorney about the following topics:

Understanding the legal process

An experienced lawyer is aware that the legal process can be difficult to understand for the common citizen so they will take the time to explain how best to proceed with your case for a favorable outcome. Your attorney should walk you through the legal process step-by-step and give you a look into the behind-the-scenes action that leads up to the culmination of your trial and the aftermath. 

Filling out documents, legal briefs, and requests for replies can be time-consuming and your attorney should discuss these steps with you.

Examining your case

It’s important that you are completely open and honest with the personal injury lawyer you are meeting with in order for him or her to decide how best to proceed with legal action. They will ask you the who, what, when, where, and why of your case, which will lead to a detailed discussion of the specifics surrounding your case. It’s important to remember that the lawyer is not making you relive what was potentially a traumatic event for any other reason but to get you the best results possible.

Setting expectations for your role in the case

You play a significant role in the outcome of your case. At your first consultation, the personal injury lawyer should walk you through the steps you need to take in order to ensure success. This may include never missing doctor appointments and being completely open and honest through every step of the process. 

Discuss fees and communications

Whether you’ve decided to move forward with the personal injury lawyer or not, he or she should explain the next steps and everyone’s responsibilities as you proceed, including fees. They should explain to you the fee agreement which includes what services the law firm will perform and how and when they should be paid. Make sure you understand all aspects of the costs and ask for an estimate of what you will be required to pay. 

Once you understand all money-related aspects, your lawyer should discuss how the case will proceed. They should understand the goals for your claim and explain how they will help you achieve them.

How to decide if the personal injury lawyer is right for you

You should not feel like you have to commit after the first consultation. It’s wise to shop around to find someone you feel comfortable with and someone you feel can get you the best possible outcome. In this case, it’s important to remember that the lawyer is not the only one that should be asking questions. It’s a good idea to treat this like an interview to determine if he or she is right for you. 

Use the conversation to gauge if this particular personal injury lawyer has experience with your situation. For example, if you’ve sustained a spinal cord injury, you want a lawyer who has experience with proving these injuries and obtaining fair compensation – someone who has connections with experts who can testify how your injuries will impact your future. The more experienced the lawyer is with the specifics of your case, the more likely they are to obtain a favorable outcome. 

While many lawyers will offer online consultations, we don’t recommend proceeding with someone until you’ve met them in person. 

If you’ve been through a traumatic experience, the most important thing to focus on is healing from the situation. The last thing you’ll want to do is spend all of your time fighting to be compensated for it. At Montagna Law, we will support you and do all the difficult legal work for you so that you can focus on recovery. If you’ve been injured, meeting with one of our personal injury lawyers will help take the stress of the case out of your hands and place the task on someone with the expertise to achieve the compensation you deserve.

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Dangerous Machinery in the Workplace Accident Claim

Dangerous Machinery in the Workplace Accident Claim

Workplace accidents are a fairly common occurrence and are some of the most common personal injury cases filed each year by employees seeking workers’ comp.

While it is the responsibility of the employer to ensure a safe working environment and provide adequate training and safety gear to employees operating the machinery, there is also a responsibility that falls on the employee requiring that they act in accordance with their safety training.

There is also a duty of care that the machinery manufacturer gives to their customer providing machinery that is not defective. There are a number of situations where the party at fault can become confusing and they are as follows. 

Product Liability Claims

Many work-related injuries are a result of operating equipment and machinery so one avenue that many people involved in personal injuries at work take is filing against the company that is responsible for the design, installation, maintenance, and safe use of the machinery. Claims based on the theory that a machine or product is dangerous and causes injury are product liability claims. Such a claim has to follow at least one of the following three liabilities:

Negligence

A negligence claim makes the manufacturer responsible for knowing that there is a fault in the product and taking measures to identify or correct the problem to produce a safe product and that as a result of them failing to do so, a worker was injured through the use of the product.

Strict Liability

Under strict liability, a product manufacturer is held liable for injuries that result from the use of a product deemed unreasonably dangerous. Depending on state law, the company that sells or distributes the product may share liability with the manufacturer.

Breach of Warranty

A warranty claim is based upon an implied warranty of maintenance and alleges that a product was not safe for use as intended. 

 

State law, the statute of limitations, and specifics of how the injury occurred all factor into a liability claim which is why it’s so important to have the counsel of a lawyer when bringing such a case.

Dangerous Product Design

Liability may fall upon the manufacturer of the equipment or machinery for ensuring that its design is not only suitable for use but also accommodates the probability that the equipment will be misused or used without the proper safety gear. Employees will often take shortcuts thinking that they are familiar enough with the product to bypass these safety measures. When a problem that is reasonably foreseeable is not detected in the product design and manufacturing process or is detected but neglected, the manufacturer may be liable for injuries that occur as a result.

When appropriate, the manufacturer should build safeguards into the equipment so that it cannot be operated without the applicable safety equipment and guards in place. The design should also take relevant safety codes into account which reduces the chance of a product being dangerous. While this is a required measure to take, simply doing this is not a sufficient measure in eliminating the possibility of a product liability claim. 

Manufacturing Defects

This occurs when the product is properly designed but a mistake is made during the manufacturing process the renders the product dangerous for use. 

Duty to Warn

A manufacturer has a duty to warn the people who will be using its products of the potential dangers associated with its use. Even in situations where the risk is obvious, such as with a simple tool like a ladder, a failure to provide sufficient instruction and warning may result in liability. 

For some machinery, product warning labels are adequate while more complicated machinery and equipment need further warning than labels which may result in confusion about how to safely operate the equipment. 

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What Does a Personal Injury Lawyer Do and 7 Benefits of Hiring One

What Does a Personal Injury Lawyer Do and 7 Benefits of Hiring One

The aftermath of an accident or an injury on the job can be a stressful time. Not only are you likely in pain, but you may be dealing with insurance and getting the compensation you deserve, which can be complicated and time-consuming. 

Hiring a personal injury attorney can take away some of the anxiety and help get you the payout you deserve. If you find a firm like Montagna Law, who works on a contingency basis, there’s literally nothing to lose. 

Here’s why you should hire a personal injury lawyer:

You have knowledge and experience on your side 

After an accident your focus should be on getting better, not figuring out finances and fighting insurance companies.

Since they deal with this on a daily basis, personal injury attorneys know the ways around the legal technicalities that insurance companies use to take advantage of vulnerable clients. 

We know which documents to file, can help you fill out forms correctly, and educate you on certain statutes of limitation. A great personal injury lawyer knows when to pass up an offer and hold out for the compensation you deserve.

Many entities work against underrepresented folks 

There are so many ways someone without an attorney is taken advantage of in court. Insurance companies might offer smaller settlements to encourage early signing or force you into litigation if they claim you weren’t injured. Access to medical care might be less available since unrepresented claimants and care payments aren’t guaranteed. 

Fighting back against product defects or large companies is nearly impossible without an attorney. Having someone with experience on your side is important and necessary in many cases.

No consequences if you lose your case 

When it comes to complicated laws within the Offers of Judgement, the opposite side might be able to get attorney fees and costs from you. At Montagna Law, our attorneys work on a contingency basis, meaning you don’t owe us any payment if we don’t win your case.  

An unbiased, clear-headed partner is important 

With the stress of being in an accident or hurt on the job, having someone who has experience with these fields takes much of the burden off you. Objectivity is crucial in winning a personal injury case, and emotions such as pain, anger, and frustration usually felt after an accident can cloud your judgment. A personal injury lawyer has both the cognitive dissonance and consideration of your best interest to wait for a better offer.

They can help you make an informed decision 

Sometimes a personal injury claim might not even be worth pursuing if the chances of winning the case are slim. No attorney wants to waste your time or money and will be honest about what you should do. In some cases, a settlement can be negotiated instead of going to trial. If the settlement isn’t good enough, personal injury lawyers will fight for you as long as it takes. Either way, they have the knowledge and experience to know what you should do next.

They can negotiate and minimize financial consequences 

There are ways you can determine how much you’re owed, such as using online personal injury calculators. However, each case has so many nuances, such as future medical care, severity of injuries, and more. A personal injury lawyer will comb through every detail to make sure all your bases are covered. 

A team of investigators creates added support 

Your personal injury lawyer is your partner and wants to win just as much as you do. That’s why they usually come with backup in the form of an investigation team to comb through all the evidence and use every tool to your advantage. Anything you can remember from your incident helps, such as any witnesses you might recall, any medical providers who helped your injuries, or how your life has changed since the injury.

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Learning the Basics of Personal Injury Law

Learning the Basics of Personal Injury Law

When put simply, a personal injury is an injury that does not involve issues with property and is, therefore, involving a person’s body and/or mind. It allows the injured person to go to civil court seeking compensation for losses stemming from an accident that occurred as a result of someone else’s carelessness or intentional misconduct. If you have suffered an injury due to the negligence of someone else, it is important to hire an experienced personal injury lawyer like Montagna Law. 

How Does a Personal Injury Case Work?

Because no two accidents are the exact same, no two personal injury cases will be the same. This makes it difficult to develop a standard across all personal injury cases, which makes it that much more important to consult with a legal professional who can work with the nuances of your case. However, there is a typical timeline that most personal injury cases follow when you look at the bigger picture:

The Defendant Injures the Plaintiff

As you can imagine, there are many different ways that the plaintiff can be injured by the defendant. The only exceptions that still fall under personal injury are contractual breaches, which are handled under a separate body of law called “contract law.”

The Plaintiff Establishes That The Defendant Breached a Legal Duty

The specific measure of legal duty is going to be completely dependent upon the situation in which the plaintiff sustained the injury. For example, manufacturers have a duty to produce a product that is not defective or unreasonably dangerous. Employers have the duty of understanding those products and teaching their employees how to operate it properly to avoid injury. 

Settlement Outside of Court May Occur

If it is clear that the defendant has breached a legal duty, they may choose to settle outside of court. This would mean they, or the insurance company representing him or her, offer monetary compensation to the injured party in exchange for the injured person’s promise to not file a lawsuit. 

The Case Ends

If the plaintiff accepts the settlement, that is the end of the case. If the plaintiff does not accept, the plaintiff may go to court and file a personal injury lawsuit. Settlement negotiations may continue beyond this point and can be reached at any time prior to the civil case being handed to the jury. 

 


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DUI Penalties and Consequences

DUI Penalties and Consequences

When it comes to DUI penalties and consequences, each state offers its own guidelines and sentencing. While some states allow a first offense to be charged as a misdemeanor, others impose more serious penalties for convictions and when aggravating circumstances are present. Some states have mandatory minimum services while others have penalties that vary depending on the case. This is just one of several reasons you should bring your case to a law firm with experience in traffic or criminal defense like Montagna Law

DUI Fines and Costs

Getting a DUI is expensive with fines and costs for them ranging from $500-$2,000 depending upon the state even for a first offense. 

A driver may also be required to have an ignition interlock device (IID), one of the most commonly used deterrents for repeat DUI offenses, installed on his/her dashboard. In order to start the vehicle, the driver must blow into the device that operates similarly to a Breathalyzer in that it detects the amount of alcohol in the driver’s system. If it detects a certain amount of alcohol in the driver’s system, the IID will keep the car engine from starting. 

DUI Treatment and Education

“A sentence for a DUI conviction often comes with alcohol abuse treatment and educational programs that the driver is required to take.” 

-Jon Montagna

This type of program may assess you for alcohol addiction. For a first offense, this is often coupled with probation and license suspension or it may be combined with other requirements like community service and restitution for victims. 

DUI Jail or Prison Time

In many states, you will not have a long imprisonment for a first-time offense because it is treated as a misdemeanor. Many jurisdictions require a minimum jail time of one to two days if you are convicted, but the most you will face in most first offense DUI cases is six months in jail. 

However, when there are aggravating circumstances like an excessively high blood-alcohol concentration (BAC) or a resulting car accident in which the victim was severely injured, many states will increase that jail or prison time. Subsequent DUI offenses generally mean longer sentences. In the case of a felony DUI, in which someone was killed or badly injured, you could face a prison sentence lasting several years. 

License Suspension or Revocation

If you are convicted of DUI, all states have the possibility that your license will be suspended by the DMV of that state and/or by court order as part of your sentence. The length of this suspension will depend on your state. 90 days is a common term of suspension for a first-time offender, although some states will offer a restricted license that can be used to drive to work, school, and/or rehab during the period of suspension. 

In some jurisdictions, drivers convicted of DUI have their licenses revoked. If you are pulled over and refuse to take a chemical test, your license may be suspended regardless of whether or not you are convicted. 

Penalties for Minors Convicted of DUIs

Minors arrested for DUI may face the same penalties as an adult. Because the legal drinking age in most states is 21, a minor will likely be penalized for any amount of alcohol in his or her system. In some states, penalties for drivers under 21 are even more severe than for drivers over 21, and the driver’s license will likely be suspended in the case of conviction.

Insurance Penalties

As a result of a DUI conviction, you will likely face consequences from your auto insurance provider. They will probably take away safe driver discounts and require you to pay a higher rate or file as a high-risk driver. In extreme cases, the insurance provider will cancel your insurance policy and you’ll have to find an insurer that specializes in providing high-risk insurance, which is much more expensive.

 


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Domestic Violence: Should You Get a Lawyer Involved?

Domestic Violence: Should You Get a Lawyer Involved?

When you’re a victim of domestic or sexual abuse, getting a lawyer involved as soon as possible is the way to go. Having an unbiased party assess the situation and fight for you in a court of law is your best bet at getting justice.

The most important thing about domestic violence cases is knowing your rights. Victims can often be in denial and downplay abuse either because they’ve been gaslit by their abuser or don’t want to fuss with the system. However, abuse is illegal, and these cases should be settled to get the defendant the compensation they deserve.

If you’re still on the fence, here are a few concrete examples of how the law firm of Montagna Klein Camden can help you.

Get an Ex Parte Temporary Order

Before the abuser is served with a lawsuit, you can get this order as long as you provide testimony within 10 days. This gives you a chance to plead your case without your abuser being present.

Filing a restraining order

This is one that most folks generally know, but there are levels to this:

  • Stay-away order: The most common & demands the person stays a certain distance away from you at all times.
  • Residence exclusion order: Orders the accuser move out of your space if you live together. 
  • Personal conduct order: orders the accuser to refrain from specific actions. 

File for custody or financial support

A lawyer understands the reasons a victim might stay in an abusive situation, such as for the children or financial stability. If you have an abusive spouse, a lawyer can help you get a divorce. This can lead to related legal matters such as child custody, spousal support, and what you’re owed in marital property.

Speak to cops on your behalf

Law enforcement may not always be trained correctly in the careful matter of talking to an abuse victim. Confrontations about your situation can sometimes be emotional and re-traumatizing. Your lawyer can act as the middleman and be a barrier to inappropriate or triggering questioning. 

Allowing you to avoid testifying

Much like questioning, discussing your traumatic abuse in a room full of people can make you relive the situation. Aggressive prosecution can make you feel like all that happened is your fault. Having a lawyer can ensure your case stands a chance without you having to testify, and they can look at other evidence to push ahead.  

Having someone on your side

Family and friends are wonderful support systems during such a difficult time, but it’s nice to have someone to lean on who can actually help your situation. Getting the details off your chest and having an unbiased person tell you it’s not your fault can offer some solace. 

A lawyer would recommend for the strongest case possible, do the following to the best of your ability:

Jot down details of abusive incidents

Make note of the dates, places, objects used, type of abuse, and any details in a hidden journal or cloud folder such as Dropbox or Google Drive that your abuser cannot find.

Document your abuse

Take photos of bruises, scars, scratches, torn clothing, or any indication of abuse. Keep them in a cloud folder such as Dropbox or Google Drive where your abuser cannot find and delete them or email them to someone you trust.

Dive deep for possible witnesses

If you went to the hospital, called the police, think a neighbor may have overheard, told a friend about the abuse – anyone you can think of who can back up your case – be sure to give your lawyer their name.

Keep your address off documents

If you live with your abuser, tell your lawyer so he will not send any mail to the house that your abuser might find. A PO box could be a possible option.


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How to Receive Compensation for a Construction Accident

How to Receive Compensation for a Construction Accident

When it comes to working on a construction site, workplace accidents are practically inevitable. 

Even small scale construction sites host an array of hazards. Construction involves the use of potentially dangerous power tools and often there are many contractors and subcontractors performing different tasks on the same site. There may be heavy equipment, machinery, and building materials involved in the process. 

Taking all of this into consideration, you should never underestimate the risk of serious injury on a construction site. As a construction worker, you may wonder how you may be compensated after involvement in a construction accident.

Workers’ Compensation

Most accidents that occur on a construction site are caused by the worker’s own error or by the negligence of the employer or a co-worker. Due to this fact, most injured construction workers will be able to resort to workers’ compensation benefits to cover lost wages, medical care, and necessary rehabilitation. 

However, if you’ve been involved in an accident where a third party is partially or fully responsible for your injury, it may be possible to bring on a lawsuit in addition to filing a workers’ compensation claim.

Personal Injury Claims

Most injuries that occur on construction sites are caused by the mistakes or carelessness of either the injured party, a coworker, or the employer, falling under the theory of negligence.  However, under the exclusive remedy rule, it is typically impossible to bring a negligence act against your own employer or coworker. 

When multiple contractors or subcontractors are involved or operating at the same construction site, your injury may be caused by a third party. In this situation, it may be possible to pursue a personal injury action against that individual and that individual’s employer.

Product Liability Claims

A product liability claim is filed as a result of an allegation that the plaintiff’s injury was caused by a product that was unsafe, typically by way of a design defect, production defect, inadequate warning labels and instructions, or foreseeable misuse. In this case, the third party (someone outside of that employment) is responsible for the design, installation, maintenance, and appropriate warning labels associated with operating that machinery. Therefore, that person is negligent in carrying out their duties and you may be able to pursue a product liability action against that third-party in relation to the injuries you suffered. 

Exceptions in Construction Accidents

Construction site accidents can also come in the form of long-time exposure to workplace or environmental toxins. For example, shipyard workers have found decades later that they suffered from asbestos-related illnesses. Welders are potentially exposed to manganese in welding rods, causing manganism.  Similarly, use or exposure to lead paint can cause lead poisoning. 

Construction injury cases can pose a bit of difficulty in determining the role of the employer and in some cases can make it harder to determine that an injury is actually work-related. 

No matter what situation they find themselves in, injured construction workers will generally benefit from at least a consultation with a qualified workers compensation lawyer like Montagna Law. A lawyer will be able to review your case for workers’ compensation and also for potential recompense from third-party defendants if applicable.


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