Understanding The Laws in Washington State Controlling Personal Injury Claims

All states have specific personal injury laws that apply to all legal claims, whether they stem from automobile accidents or premises liability claims. Workplace injuries are typically adjudicated according to workers compensation rules within a state, but sometimes these claims can also eventually find the way to standard court as well.

It is important to understand the rules in a particular state controlling personal injury claims because accidents happen every day and claims always arise in some manner. The state of Washington is no different.

Auto Accident Injury laws

The largest share of personal injury claims in any state is usually connected to an automobile accident. All drivers in Washington are required by law to carry minimum liability insurance of 25/50/15. However, it is estimated that up to 30% of drivers are non-compliant. This means that increasing the level of personal injury insurance on your policy is important and can be done in two methods. One choice can be adding a PIP rider to the policy, which often only amounts to a small premium increase.

Another is carrying an uninsured or under-insured motorist rider in case an accident occurs involving an illegal motorist. This type of coverage is typical in states requiring no-fault settlement of accident claims, but Washington is a “fault” state, meaning that all negligent drivers can be pursued for damages in any accident case. Also, all drivers in an accident scenario are evaluated for comparative fault and assigned a percentage, including injured drivers.

Premises Liability Cases

Premises liability cases are settled by the same rules of fault but normally are connected to accidents resulting in injuries incurred on personal or commercial property. These cases can often include multiple negligent parties, just like car accident cases, and are also controlled by pure comparative negligence. This is the legal doctrine following that all accidents could potentially be the fault of various factors which must be evaluated for contribution to causing the injury. This can also include the injured plaintiff. It is also the component of a personal injury claim that insurance company claims adjusters use to attempt to deny or lessen the value of a personal injury claim.

The focus in premises liability claims is on personal assumption risk regarding the actions of the injured party and whether or not the respondent had a duty of care to that injured claimant. The final determination is similar to auto accident cases, but there is no minimum insurance coverage, and cases tend to be very strongly defended unless they are standard obvious low-level injury cases within available insurance coverage.

Recent Social Security News & Information in 2017

Anyone who may become eligible for Social Security this year should familiarize themselves with the changes and news coming to the system in 2017. First and foremost, there will be a raise in the full retirement age for the program for the first time in decades. People born in 1955 will be turning 62 this year, and they will find that their retirement age has been raised to 66 years old and two months.

This, overall, is a slight change though as the former full retirement age was 66. It has been analyzed that when taking the entire population into consideration, those two months could help save money and keep the system alive. It is also crucial to note that seniors will still be able to claim benefits at the age of 62, but will receive a small financial penalty for doing so.

Click here for information on how to apply for Social Security Disability.

In addition to facing a small financial penalty, individuals who take Social Security retirement early may find that they have to give back some of their benefits if they are working. This is due to maximum earning limits that are set by Social Security before one has to give back money to the government. Specifically, in 2017 those who won’t reach the full retirement age will lose $1 for every $2 they earn above $16,920. But even for those who have to forfeit some of their hard-earned money, there is an upside.

The system is designed in such a way as to compensate for any losses and attempt to even things out. For each month in which an individual has to forfeit some income because of the maximum threshold rule, said individual will be credited as if he or she had taken their benefits a month later than he or she actually did. This makes for larger payments later on to offset the monetary loss in the beginning.

Virginia DUI Laws and Information

According to the Department of Motor Vehicles, 20,768 people were charged with driving under the influence (DUI) of drugs or alcohol in the state of Virginia last year. Although it is a common offense, the circumstances, and laws surrounding DUI fines and punishments can be complex, so you should consult a DUI or criminal defense attorney to make sure your case is handled appropriately.

What Is a DUI?

In the state of Virginia, you are considered to be driving under the influence (DUI) of alcohol or drugs if your BAC meets the following levels while operating a motor vehicle, boat, or watercraft.

  • 21 years old or older: 0.08%
  • Younger than 21 years old: 0.02%
  • Commercial Drivers (CDL) :0.04%

Seeking Legal Help

After an arrest for DUI in Virginia, it’s important to act quickly to achieve the best possible results. A conviction for even a first offense DUI can lead to required enrollment in an Alcohol Safety Action Program, significant fines, revoking your driver’s license, and potential jail-time. It can also result in the creation of a criminal arrest record, which could limit your job prospects or lead to travel restrictions.

However, there is hope. No statutory language in Virginia prohibits pleading down DUI charges into lesser criminal offenses, and dismissal of charges may even be possible. Therefore, it is important to consult a criminal defense attorney to assess the specific nature of each DUI arrest.

DUI Laws

If you register a BAC of 0.08 or greater, your license will be immediately suspended, in addition to the following:

First Offense Penalties:

  • Up to 5 days in jail.
  • Minimum $250 fine.
  • Driver’s license revoked for one year.

Second Offense Penalties:

  • Minimum $500 fine.
  • 60-day license suspension.
  • Possible ignition interlock device.
  • If within fewer than five years of the first offense, a mandatory one month to 1 year in jail.

Third Offense Penalties:

  • Minimum $1,000 fine.
  • License revoked indefinitely.
  • Felony charge.
  • Any of the above penalties for 1st or 2nd offenses.

Additional penalties can also be imposed for having a BAC greater than 0.15, driving under the influence with children, or committing manslaughter.

What to do When You Are Involved in a El Monte Car Accident

Car accidents are common happenings in El Monte. While no one leaves the house expecting to get into one, they happen nonetheless, and especially when you least expect them. Car accidents leave a trail of disaster. In instances where they are fatal, lives are lost and families devastated. If there is no loss of life, the accident may have resulted in injuries and medical expenses that can last several years.

At Guldjian Law, we understand this all too well. We practice law so that you and your loved ones in El Monte may get the justice that they deserve. We are well versed in the law and all that pertains to personal injuries suffered during a car accident.

Click here to find more about personal injury in California provided by www.nolo.com.

What to do when you are involved in a car accident

We all know that insurance companies only look out for their interests. When you get into an accident, the officer from the insurance company will have you thinking that they have your interests at heart. Do not buy that. They only cater to their bottom line, which has everything to do with keeping their money in the bank.

An accident brings along unforeseen expenses, such as, car repairs, medical bills, and loss of income for the duration that you will be incapacitated. While compensation will not give you back the life you had before the accident, it will help you clear the bills as they come, and to enable you to get back on your feet as soon as possible.

Before you talk to anyone at the scene of the accident, call us at Guldjian Law. We handle the insurance companies so that you do not have to.

Handling your case

We evaluate the merits of your case without a charge and give you a way forward. We do not charge you a thing until we secure your compensation. Our approach is to get to know you first and to build trust before we can do business. We have helped several residents of El Monte get their deserved compensations in car accidents and intend to keep helping more. Some cases go to trial while we reach a settlement on others. Each case is unique in its way.

Allow the competent and seasoned El Monte car accident attorneys at Guldjian Law to guide you as you recover from an accident. We will come to you when you call, without regard to the time.

San Diego Motorcycle Accident Attorney

Motorcycle accidents are among the worst crashes that occur on the national highways, and they are very common in states like California where there are so many motorcycle enthusiasts. Of course, there are also some negative stereotypes associated with bike riders in general, and these assumptions can sometimes present problems when attempting to recover damages for personal injuries and physical property following a collision. Because of the mobility that a motorcycle offers to the operator, the law of vehicular control and comparative negligence can become major points of contention when a settlement is being negotiated.

Many times defending insurance adjusters will especially focus on the potential of an increased comparative negligence percentage at a minimum when a motorcycle accident victim is pursuing damages. And, proof that a rider has been operating in violation of state regulations can be a problem as well. That is why it is essential to have an experienced motorcycle accident attorney when filing a personal injury claim resulting from a wreck.

Comparative Negligence

Comparative negligence is the legal idea that an accident is rarely the complete fault of one individual motorist. Every party in an auto accident is assessed for personal contribution during the adjudication phase, and some damages they may receive is adjusted according to different percentages. The problem is that this is not necessarily a scientific determination and stereotypes can negatively impact some damages a motorcycle accident injury victim may receive in a final damage award, especially when an accident case goes to trial.

Urging a Low Settlement

This potential for reducing the amount of a total payout often means that the insurance adjusters even in obvious respondent negligence claims will make significantly low offers to settle the case. Your motorcycle accident attorney understands this and can fight to ensure all of your rights to damage recovery are considered in a fair settlement. Also, motorcycle accidents also regularly result in very serious long-term injuries as well as death in the most severe of cases. This is why it is never a good decision to attempt handling a motorcycle accident claim personally, as the insurance adjusters are trained professionals who understand when they are dealing with a novice injured party. This is why you need a trained professional in your corner as well because your accident claim may be much more valuable than you realize.

Visit www.motorcycleaccidentlawyerssandiego.net for more information on how an attorney can help those involved in a San Diego motorcycle accident.

Anyone injured in a bike crash in California should always consult with an attorney because even those injured individuals who are largely responsible for the accident can still receive an equitable settlement under pure comparative negligence model used in California. The quicker the call, the better the chances for an equitable outcome.

Los Angeles Personal Injury Attorney

A person injured in an accident caused by someone else’s negligence needs to understand what steps to take best to protect his or her rights and interests. If an accident occurs in or around the greater Los Angeles area, an injured person should be proactive in contacting a California personal injury attorney, like a member of the legal team at Guldjian Law. An injured individual also needs to have an essential understanding of the basic elements of California personal injury law.

Some of the most common types of personal injury cases in California are those involving car, truck and motorcycle accidents. The attorneys at Guldjian Law have significant experience in representing injured people in car, truck, and motorcycle accident cases.

Types of Compensation for a Personal Injury

The types of compensation a person is entitled to in a California personal injury case depends on upon the facts and circumstances of the accident at issue. Typically, an injured individual will be entitled to compensation for an array of different types of losses.

Pain and suffering represent a type of loss to which a person is entitled. Medical expenses and lost wages also typically represent compensable losses in a personal injury care. A Los Angeles personal injury lawyer from Guldjian Law can assist an injured person in obtaining the full amount of compensation to which he or she is entitled.

Visit Nolo.com for more information on California personal injury law.

California Statute of Limitations

The California statute of limitations is a law that establishes the time frame in which a personal injury lawsuit must be filed. If this deadline is not met, an injured person may forever be precluded from filing a case in court and obtaining the compensation to which he or she is entitled. The statute of limitations underscores the necessity of obtaining legal representation following an accident in a timely, proactive manner.

Retaining a Los Angeles Personal Injury Attorney

The process of engaging a California personal injury attorney begins with the scheduling of what is known as an initial consultation. Skilled, experienced personal injury lawyer from Guldjian Law APC stands ready and able to meet an injured person to discuss his or her case. There is no charge for an initial consultation with an attorney from Guldjian Law.

How Prior Injuries Come to Play in California Personal Injury Claims

When you’re involved in a personal injury claim, you may find that the insurance company is going to seek to prove that you have no serious injuries, or that any new injuries you’ve sustained are the result of aggravations of preexisting injuries. When they use this argument, they look to offer low settlement amounts. An experienced personal injury attorney’s job is to prove otherwise to get his client the best settlement amount possible.

Proving Liability Claims

When a personal injury claim involves an insurance company, the injured party must prove the insurance company’s insured is liable for the injury. Liability is the responsibility legally imposed on a person’s actions or his failure to act. A plaintiff proves a liability to establish he is owed money by the insurance company. To prove liability, the plaintiff’s attorney must convince the jury or judge of three things: breach of the plaintiff’s duty to care, causation and negligence.

What Needs to Happen

A court defines a duty of care as the expectation that a person is to act reasonably towards others. For example, a driver of an automobile owes passengers, pedestrians, and other drivers a duty of care while on the roadway.

A court defines negligence as the lack of ordinary care, in that a negligent individual fails to act in a way that a reasonable person is expected to work in a similar situation. A driver on the road is negligent when he drives erratically or excessively.

Click here for more information on personal injury law.

Lastly, the plaintiff’s attorney must prove the at-fault party caused his client’s injury. This is often referred to as the substantial factor test, and the attorney must demonstrate that the defendant’s failure to act was a substantial factor in causing the plaintiff’s injury.

Prior Injuries and New Claims

When you arrive at this stage of the game, the insurance company may try to say that even if the at-fault party acted negligently, that action could not prove injury because the plaintiff had existing injuries. For example, if a person with a broken wrist was hit by a car while crossing the street, the insurance company will fight liability because the wrist was already broken.

If you have a prior injury, and you have been injured in an accident, it’s best to maintain accurate medical records, and retain an experienced Orange County car accident attorney to help you find success in your claim. To find more information on orange county personal injury attorneys, visit www.orangecountycaraccidentattorney.net today.

What Are The Penalties For Reckless Driving in Richmond, VA?

Many people are under the impression that a reckless driving ticket is just like a speeding ticket, so they accept their guilt without discussing it in court. However, Virginia has very strict consequences for those who are recklessly driving, which could potentially result in jail time or other penalties if you plead guilty instead of taking the case to court. Depending on the circumstances, you may receive different penalties for reckless driving. However, reckless driving in Richmond always comes with more severe punishments than the average speeding ticket.

What Is Reckless Driving?

Reckless driving in Richmond Virginia is legally defined as driving over 80 miles per hour, regardless of the speed limit, or driving 20 miles or more over the speed limit. Even if you think you were driving safely, merely going a few miles over the speed limit in an area with 75 miles per hour limit is enough to get you a reckless driving ticket. In Virginia, reckless driving is classified as a class 1 misdemeanor, which is considered the worst class of misdemeanor. Many law enforcement officers will issue reckless driving tickets if any accident occurs. However, these charges rarely hold up in court because it is difficult for the law enforcement officer to provide proof that a law was violated.

What Are the Penalties of Reckless Driving Convictions?

Virginia law says that the maximum sentence a reckless driver may receive is one year in jail, $2,500 in fines, a suspended driver’s license for six months, and 6 points on a driver’s license. Everyone does not receive these penalties so that some people may be given a lighter sentence. There are many individual circumstances that may affect a judge’s decision to give a light or a harsh sentence. Typically, jail time is only considered if a person was going 90 miles per hour over the speed limit. However, behaving aggressively towards the police officer or driving in a way that endangers a person or property is more likely to result in jail time. If a person is convicted of reckless driving, they will have a criminal charge placed permanently on their record, which may endanger employment or housing opportunities.

Though the penalties for reckless driving in Richmond, VA may be severe, an experienced lawyer can help you to navigate the legal complexities. Contact the law office of Gregory R. Hough today to learn more information about how we can assist you.

Why You Should Contact a Personal Injury Attorney in Orange County

If you have suffered property damage or sustained injuries in a car accident, you should think of getting a personal injury attorney. Before you proceed to file a lawsuit first consider the state laws that limit personal injury damages and the amount you should be compensated. Proceeding into a litigation while well informed and with the right lawyer in your corner will ensure you get a fair compensation.

Not all types of injuries will require you to have an attorney. You can decide to handle a case with your insurance company or use alternative methods instead of going to court. However, it is helpful in many situations to have a lawyer who is experienced in personal injury law. Some of the situations that call for you to have a Orange County personal injury attorney include;

  • If you have sustained serious injuries.
  • If the case is complicated to handle alone.
  • You are not comfortable to negotiate your claims.
  • You want to be compensated for non-economic damages such as shock, suffering, and pain.

Types of fees payable to a personal injury attorney

There are different types of personal injury fee structures that are used by lawyers. You can find your ideal attorney easily by selecting one whose fee structure can accommodate your current financial situation.

Some of the common types of fees structure include;

  • Retainer: You pay this fee upfront to retain the services of your attorney.
  • Contingency: You will only pay your attorney after they help you win your case. You pay your attorney a certain percentage of the settlement amount.
  • Hourly: Some attorneys require that you pay for the number of hours they spend working on your personal injury case.

Before you decide to go to court it is important that you get a lawyer who can help you understand the court proceedings. Your attorney will give you some of the requirements to win your case. Some of the things you need to know include the time you need before you file a case and how certain laws can affect your compensation. A good example is the statute of limitations. This law states that you are allowed to file a personal injury lawsuit within a specific time frame. This law is different from one state to another. However, in Orange County California, the statute of limitation for cases of personal injury should be filed in court within a span of two years from the date when you sustained injuries.

El Monte Personal Injury Attorney

Turn to a Personal Injury Attorney You Can Trust

If you have suffered a personal injury due to a car, truck, or motorcycle accident in El Monte, it can turn your world upside down. You have a heap of medical bills to face, repair bills for your vehicle, and a long road to recovery. In some cases, you may be out of work, without wages for an extended period. In the worst case scenario, you may end up on permanent disability. The last thing you need to worry about is how you are going to come up with enough money to survive.

You Need A Personal Injury Attorney You Can Count On
When a personal injury puts your life on hold, Guldjian Law can help you to get back on track. Personal injury attorneys are at the ready to represent you. They’ll review all of the details about your case, gathering all of the facts and figures to ensure that whoever is accountable will pay for your expenses. The team at Guldjian Law will go to bat for you, using their experience and knowledge of the legal system to ensure you have the best possible outcome for your personal injury case.

Let Your Attorney be the Middle Man
You have a tall mountain to climb when you are dealing with a personal injury. You don’t have time to argue with insurance companies or the individual who is responsible for your accident. Let the team at Guldjian Law represent you. You’ll have a lawyer as the middle man, taking care of all of the negotiations to win compensation for your case. You have bills to pay, the cost of living to consider, and may need rehabilitation in the long months ahead. A personal injury suit can help you to make ends meet.

Put Yourself at the Top of the List
After a personal injury, you don’t need any distractions. You need to concentrate on your health and recovery. Guldjian Law will be with you every step of the way as you file your personal injury lawsuit. Your team of attorneys will be able to give you peace of mind with the reassurance that fair compensation will be coming your way. Don’t waste a minute worrying, contact a trusted, professional and experienced El Monte personal injury lawyer now. Guldjian Law is here for you to help you pick up the pieces of your life after a personal injury has made it fall to pieces.