Receiving Fair Compensation for Injuries Suffered in a Bicycle Accident

 

Riding a bicycle is a convenient, affordable way to get around and can be great for your health, too. However, because bicyclists often share the road with motor vehicles, there is also potential for serious accidents and injuries. A bike accident can be life changing, and if a motorist or another party is responsible for causing injury, they may be liable for damages. If you or a loved one has been hurt in a crash, it is critical to find a top accident attorney who understands how to accurately value your claim and fights to help you recover the full and fair compensation you need.

Common Causes of Bicycle Accidents and Injuries

Even the most cautious cyclist can be hurt in an accident caused by a negligent driver. These types of crashes are often caused by:

- Distracted driving

- Drowsy driving

- Drivers crowding cyclists or following too closely

- Speeding

- Lane switching or weaving through traffic

- Running red lights, stop signs or ignoring other traffic signals

- Failure to yield

- Driving while impaired

Because bicyclists do not have protection surrounding them like occupants of other vehicles do, they may sustain injuries such as broken bones, road rash, cuts and lacerations, head, neck and spine injuries, amputation, disfigurement and traumatic brain injury. These types of conditions can have long-term physical, emotional and financial consequences for victims and their families.

Pursuing Compensation after a Bicycle Accident

There are many reasons why it is important to seek the counsel of an attorney if you or a loved one has been injured in a bicycle accident. Figuring-out who may be liable and proving fault is challenging to do on your own, especially when you’re hurt and trying to recover. Dealing with insurance adjusters can be tricky, as they are looking-out for the best interests of the insurer, not you or your family. They do whatever they can to offer minimal settlement amounts or deny claims altogether.

Unless you are familiar with how personal injury claims work, it is extremely difficult to put an accurate value on the cost of future medical bills, future wage and income loss, pain and suffering, and other damages. Insurance companies know this and will not hesitate to take advantage of your inexperience if they can. The best car accident lawyers understand how to prove negligence, fight to protect your interests and accurately value your claim.

In addition, extensive investigation is usually required in bike accident cases. Multiple parties may be liable for damages, and you may be entitled to pursue compensation from your own auto insurance policy if you have one. An attorney will determine all possible sources of compensation and handle all of the legwork necessary to pursue maximum compensation for you, including:

- Investigating the accident

- Collecting evidence

- Employing the knowledge of accident experts

- Discussing the scope and severity of your injuries with your medical providers and how they have affected your life

- Negotiating with all insurers

- Taking your case to trial if necessary

Most bike accident lawyers offer free initial case evaluations, so you really have nothing to lose. Contact an attorney to learn more.

This blog was originally posted on https://www.pa4law.com/receiving-fair-compensation-for-injuries-suffered-in-a-bicycle-accident/

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Child Support for Children with Special Needs

Hashing-out child support issues can be challenging. They can be especially stressful when you have a special needs child who needs extra care or services. Many special needs children require help beyond the age of majority (typically 18), and parents often wonder how their child will be taken care of should they become unable to do so. Special needs children and adults are often eligible for government assistance, so if you are in the middle of a child support battle, it is important to hire the best child support lawyer you can find. An attorney should understand how child support payments can impact the benefits that a person with special needs receives from government programs, and ensure that a child support order does not put their eligibility at risk. 

Child Support Determinations

Many different things are taken into consideration when determining who will pay child support and in what amounts. Child custody arrangements, both parents’ income and earning potential, and other factors impact the amount a child receives. However, in cases involving special needs children, there may be additional expenses to consider, such as educational needs, at-home care, medical treatment, equipment, and medications. It is critical for your attorney to bring these issues to light during the initial support determinations to ensure the cost of your child’s care is fully covered.   

Modifications to Child Support Orders

Circumstances change, so it may be necessary to ask the court for a modification to your child support order. It is important to save all of your child’s medical and education records, receipts for treatment and care, and any other documentation of your child’s needs, such as reports from doctors, physical and occupational therapists, mental health professionals, and educators.  

Special Needs Trusts

Typically, child support payments stop when a child turns 18. In cases involving special needs children, courts may order that support continue into adulthood. Children and adults with special needs may receive Medicaid, SSI or SSDI, housing, and other government benefits, so making sure that child support amounts do not affect these benefits is vital. One way to do this is to create a special needs trust. 

What Is A Special Needs Trust?

There are two types of special needs trusts. A first-party trust holds assets that belong to the beneficiary, including child-support payments, damages awarded in a personal injury claim, and gifts made directly to the child. A third-party special needs trust holds assets that do not belong to the beneficiary, but are used for their benefit by the trustee. If you have a family estate planning attorney, you may want to consult with him or heer about which type of trust will best protect your child’s interests should you pass away or become incapacitated.  

It is important to note that Medicaid payback provisions apply to first-party trusts, and child support payments that exceed income amounts for SSI may jeopardize your child’s eligibility for these benefits. Funds in a third-party trust are not subject to these provisions, but may only be used for certain things to ensure the child is still eligible for benefits. Setting up a special needs trust the right way can allow parents to provide for a child while protecting the child’s ability to receive government benefits. 

How an Attorney Can Help

If you are considering divorce or need help with matters involving financial support for a special needs child, avoiding these potential pitfalls is essential. Reach-out to our experienced divorce attorneys here. We can help you understand your options and ensure that the final support agreement is written in a way that protects your child’s interests and any government benefits to which your child may be entitled.

This blog was originally posted on https://www.pa4law.com/child-support-for-children-with-special-needs/

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The Importance of Proving Negligence in a Personal Injury Claim

Whether someone is hurt in a car crash or injured in a slip and fall accident, the vast majority of personal injury claims require an injured victim to prove negligence. Learning about the legal concepts of duty of care and negligence can help you understand your rights and why it is important to have a seasoned attorney represent your interests. 

What is Negligence?

When someone fails to act with the proper amount of care that a reasonable person would exercise in the same situation, it is considered negligence under the law. Proving negligence goes hand-in-hand with the concept of duty of care, which must also be established in a personal injury claim. 

Duty of Care

People have a duty of care to act in a reasonable manner to avoid harming others. For example, when you get behind the wheel of a car you have a legal obligation to follow the rules of the road and drive safely. 

Achieving a positive outcome in a personal injury claim usually requires proving these four elements:

The defendant had a legal duty to the plaintiff to use reasonable care. For example, business owners have an obligation to keep their premises safe for all who enter. 

The defendant breached that duty by failing to act as a reasonable person should. For instance, a supermarket employee failing to clean-up a spill on the floor in a timely manner would be a breach of duty.

The defendant’s breach of duty caused injury or harm. In the grocery store scenario, a customer slipping and falling on the wet floor would be the “cause” of the injury. 

The victim suffered injury or losses that may be compensated by recovering monetary damages. Common types of damages include medical bills, lost wages, emotional distress, and pain and suffering are examples of damages. 

Gathering Evidence to Prove Negligence

Each case is unique, with multifaceted aspects that must be proven. Personal injury lawyers understand which types of relevant evidence are required to support the basis of your claim. For example, if you are involved in a car accident, evidence such as photos of the scene, pictures of your injuries, traffic camera footage, police reports, witness statements, and expert testimony from accident reconstructionists can help prove that another party was at fault for the crash and your injuries. When you are injured and trying to heal, collecting vital evidence and building your claim can be stressful and overwhelming. In cases where there is very little evidence, proving negligence can be daunting. 

Comparative Negligence in Pennsylvania

In Pennsylvania, the concept of comparative negligence is often applied in personal injury claims. This means that even if you are partially at fault for your injuries, you may seek compensation for damages as long as you were less than 51 percent at fault. It is critical to seek the counsel of an attorney in these types of cases. Insurance companies use all kinds of underhanded tactics to minimize or deny claims. If you are not knowledgeable about how comparative negligence may be applied, you may not recover any compensation for your damages at all. 

Personal injury cases are complex. After an accident or injury, it is vital to contact an experienced attorney as soon as you can to ensure your rights are protected. A lawyer can evaluate your case, advise you of your options, and help you move forward if a claim is warranted.

This blog was originally posted on https://www.pa4law.com/the-importance-of-proving-negligence-in-a-personal-injury-claim/

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