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.
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.
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.
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.
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.
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 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.