Philadelphia Law Firm Blog by Meyerson and O'Neill Attorneys

Like most legal cases, personal injury has distinct categories of stages that a lawsuit has to go through. Knowledge of the process assists one to engage their lawyer in the best way possible.

Here are the steps involved:

• A Court Case and The Position of The Applicant

Personal injury litigation process starts with the filing of a complaint by the injured party seeking to have the defendant held legally liable for the harm suffered, the nature of the harm and the legal grounds for the personal injury lawsuit. The role of the plaintiff, as the aggrieved party comes into focus in this stage.

• Discovery Process and Proof Collection

In the discovery phase, usually information and proof that may be useful in the case are shared between both sides. This may include, interrogatories, document production, and deposition. Items like medical records, witness statements and professional opinions are needed in formulation of an efficient civil lawsuit to back up the plaintiff’s positions.

• Negotiation, Dispute Resolution, Pre-Trial

Trial, the factual issues, the legal issues, the pleadings, Motions, Settlements, New procedural tools are discussed in this phase. After the discovery stage is an effort made at reaching a settlement at trial or the use of other forms of ADR like mediation or arbitration. Such processes seek to bring an end to a case without going to trial, which may be beneficial to both the parties because of time and money. Majority of the personal injury claims are resolved in this stage.

• The Trial Process in Detail and Courtroom Proceedings

If there is no settlement, the accidental case goes to trial. The stages of a trial include jury selection, introduction, issues in dispute with evidence, fact and legal opinions and finally the last arguments. The plaintiff’s legal representatives come forward to give their argument and this is a time when the defendant will be giving his/her side to the personal injury allegations.

• Actions After Trial and Appeals

After the trial, one or each of the parties may make post-trial motions. However, if the either party feels that they have been unfairly judged they can appeal politely for the higher court to re-consider it the case on grounds of legal complexities. Although litigation may seem and be complex, lengthy affairs, having personal injury lawyers on your side makes it a much easier process.

Why You Need to Hire a Personal Injury Lawyer for Your Case

Successfully Personal injury lawsuit is a very complex process and should involve hiring a lawyer. Some research studies found out that those who hire a personal injury lawyer receive about three time what an unrepresented person would receive.

In short, you need an attorney for:

• Legal Expertise: I know that compensating a particular tort as well as going through intricate procedures calls for knowledge in issues to do with personal injury.
• Evidence Gathering: Lawyers have all the time and materials to collect favorable evidence that would support your case
• Negotiation Power: On the part of the Insurance companies, there are always skilled negotiators.

A lawyer equalizes the odds for fair compensation that will cover all the damages you have suffered. In general, an injured person has a higher chance of winning their legal case and receives the maximum amount of compensation if they hire a personal injury attorney.

There are a number of benefits which can be accrued while filing a product liability claim. Civil action in product liability can bring compensation to those persons who have been harmed by a defective product. Furthermore, these claims can assist in ensuring that manufacturers or other companies that bring products onto the market are answerable for their safety.

Here are some benefits of filing a product liability claim…

• You May Be Entitled Compensation

If you or someone close to you has suffered an injury because of a product, defective in one way or the other you have the chance to file a compensation claim for your personal injury. Damages may include; medical expenses, wages lost, and general damages/ emotional damages. At times, the injured can also seek to be compensated for punitive damages which are meant to punish the manufacturer.

• Ensure Manufacturers Are Answerable

Contract claims also make manufacturers to answer for their conduct. Whenever a manufacturer is nervous that it could be held liable for a defective product, it deters another manufacturer from being negligent in the products that they plan to bringing into the market. It’ll assist the other manufacturers & consumers as well & can slow the rate of the accidents occurred in a year!

• Hold Retailers Accountable

Most of the time consumers are injured by the faulty products they use, but in some cases the retailers can also be held responsible for the accidents that occur due to the defective product. This is most likely to happen if the retailer ought to have known about existence of the defect, and yet he did not act to fix the problem or alert the consumers of the threat. While it is advantageous to hold retailers responsible for product liability claims, this can assist in preventing dangerous consumer products being sold before any legal claim is filed.

• Educate Consumers on Defective Products

There are three fundamental advantages that can be associated with the product liability claims: awareness of defective products. Once one person came out with a complain, there are always others who follow suit complaining of the same product. This can go a long way in avoiding further injuries in future.

• Assistance In Foreseeable Injuries

Product liability claims also serve as a preventive measure since manufactures will be compelled to exercise a higher sense of responsibility in order to minimize another occurrence of such a product claiming human lives. When manufacturers are already conscious on the damages that they could bring upon the society, then it is expected that manufacturers will try more to avoid the production of dangerous products.

How Meyerson & Miller Law Firm Can Help You File a Product Liability Claim

It is not a misconception to say that product liability constitutes one of the key legal safeties for the population. When you have been involved in an accident that is as a result of manufacturing quality product, you should consult a lawyer. At Meyerson & Miller, we have professionals with adequate experience to assist in filing this complex claim. We will endeavor to assist you to obtain proof and compile as much information as possible aimed at assisting the clients to receive the most favorable result for their case. Don’t hesitate to call us today for your free consultation. If you would like any further details about your case or any question answered do not hesitate to contact us.

For the most part, employers are responsible for managing employees and other staff. Employers owe the public, the lawful responsibility to adequately monitor their employees. When an employer does not offer reasonable supervision, a negligent supervision claim helps make that employer liable. A person who meets an accident can seek legal action against the employer of the person he or she accuses of negligence. Thus, careless workers are covered legally by more than one party in an accident. Negligent supervision then can be defined from the context of the doctrine of respondent superior, which makes an employer liable for an employee’s actions during working hours.

Nevertheless, negligent supervision claims are employed when suing a business when an employee’s negligence is excessive to what he or she was hired to do. These are brought directly against employers for irresponsible behavior or lack of it. As a result, if justice cannot be sought under the concept of legal theory of respondent superior, our litigators may be in a position to seek justice under the concept of negligent supervision.

As mentioned above various legal aspects need to be identified in support to the case of negligent supervision as follows…

In the negligent supervision legal theory, supervisors or employers can be held accountable for things that are not allowed. The attorneys at the knowledgeable Meyerson & Miller Law firm have represented many clients and are well prepared to prove to a jury that an employer’s lack of control over their employee caused a victim’s harm.

The 3 necessary elements to show that an employer should be held responsible for negligent supervision include:

• Duty of Care: This means proving that the employer vests in their employees and takes responsibility for their actions.
• Breach of Duty: In our case, we must ensure that the employer breached the legal duty to ensure appropriate monitoring of the employee.
• Causation: This can be evidenced where the injuries you sustained are as a result of negligence of your employer

Concrete Samples of Cases Where Negligent Supervision Occurred

It is pointed out that while a supervisor may not have to be involved in every component of an employee’s employment, it must be asked what a reasonably minded manager would have done. This means that negligent supervision cases mostly go beyond what measures a company put in place to control their employees within their working environments. For example, hiring wrong employees, negligence in cases of improper behavior by employees or lack of appropriate action against complaints on misbehavior.

Prevalent examples of negligent supervision claims include:

• Lack of consideration by employers of the sob stories of women and sexually harassing them in their workplace;
• The trucking companies for assisting the truckers to alter their driving documentation;
• A contractor that permits a worker on construction site to operate a huge truck after taking beer.
• A nursing home that does not ensure that its personnel prescribed certain medication to needy residents
• Vulnerable daycare centers that till the soil for neglect

Call The Meyerson & Miller Today!

Employer liability is something for which we practiced personal injury law for over many years but solely in the realm of the subject, is well-read. Negligent supervision claims can be easy to prove in principle but it does require a lot of evidence. More so, it is extremely important to hire an attorney who has an adequate knowledge and understanding of the negligent supervision lawsuits. The attorneys of the Meyerson & Miller Legal Team stand for collaboration, lower costs and hefty utilization of the boundaries of the law to guarantee the best outcome for your case. We have our lawyers on standby 24/7 through a call or through consultation form online.

Raleigh, North Carolina, stands as a vibrant hub of commerce and industry in the heart of the Tar Heel State. With its bustling economy and diverse workforce, it’s essential for both employers and employees to understand the intricacies of workers’ compensation laws. Whether you’re a business owner or an employee, being informed about your rights and responsibilities under Raleigh’s workers’ comp regulations is crucial. In this blog post, we’ll delve into the key aspects of workers’ compensation laws in Raleigh and provide valuable insights to help you navigate this complex legal terrain.

Understanding Workers’ Compensation:

Workers’ compensation is a form of insurance that provides wage replacement and medical benefits to employees who suffer work-related injuries or illnesses. It is designed to protect both employees and employers by providing financial support to injured workers while shielding employers from potential lawsuits.

Key Components of Workers’ Compensation Laws in Raleigh:

• Coverage Requirements: In North Carolina, most employers with three or more employees are required to carry workers’ compensation insurance. This includes full-time, part-time, and seasonal workers. Certain industries, such as construction and agriculture, may have different coverage requirements, so it’s essential to verify your obligations as an employer.
• Reporting and Filing Claims: Employees who sustain a work-related injury or illness must promptly report it to their employer. Employers are then responsible for filing a workers’ compensation claim with their insurance carrier. Failure to report an injury in a timely manner could jeopardize your ability to receive benefits, so it’s crucial to act promptly.
• Medical Treatment: Workers’ compensation typically covers medical expenses related to a work-related injury or illness. In Raleigh, injured employees have the right to choose their own treating physician from a list provided by their employer or workers’ compensation insurance carrier. It’s important to seek medical attention as soon as possible after an injury to ensure proper documentation and treatment.
• Wage Replacement: In addition to medical benefits, workers’ compensation provides wage replacement benefits to employees who are unable to work due to a work-related injury or illness. The amount of compensation is generally two-thirds of the employee’s average weekly wage, up to a maximum set by state law.
• Dispute Resolution: Disputes regarding workers’ compensation claims may arise between employees, employers, and insurance carriers. In Raleigh, these disputes are typically resolved through the North Carolina Industrial Commission, which oversees workers’ compensation claims and administers hearings and appeals.

Tips for Employers:

1. Educate your employees about workers’ compensation rights and procedures.
2. Maintain accurate records of workplace injuries and illnesses.
3. Cooperate fully with the workers’ compensation claims process to avoid potential penalties.

Tips for Employees:

1. Report any work-related injuries or illnesses to your employer promptly.
2. Seek medical attention from an approved healthcare provider.
3. Keep detailed records of medical treatment, expenses, and time missed from work.

Navigating workers’ compensation laws in Raleigh requires a solid understanding of your rights and responsibilities as both an employer and an employee. By familiarizing yourself with the key components of workers’ compensation insurance and adhering to reporting and filing requirements, you can protect yourself and your employees in the event of a work-related injury or illness. Remember, compliance with workers’ compensation laws not only ensures legal compliance but also promotes a safer and more productive workplace for everyone. You may also want to consider consulting with a worker’s compensation lawyer in Raleigh.

If you want to bring a defective equipment claim then you have to follow a certain procedure- as if you want to increase your chance to get the compensation you deserve.

Let’s begin with the certain steps to achieve the fair compensation …

Step 1: Medical Treatment

You should never delay the access to medical care because safety should always at the top of your priority list and whatever concern you may have with the injury, a medical professional can better assess the situation by reasonably examining you. Apart from the fact that this approach will get you the right treatment, it will as well give clear documentation of the nature and extent of your injuries which is important for use in further court proceedings.

Step 2: To Your Employer, You Have to Report

Once you have made any necessary medical attendance, your focus can then shift to reporting the accident to your employer, thus using the already existing proofs. Wherever possible you should yourself check the accuracy of the details of the accident and if there is need to make corrections for any reason, the record is not signed under no circumstances should you sign the accident book when you believe the account in on element is wrong.

The fact of the matter is that at times we have situations where clients injured suffer from the same predicament and fail to read the small print on the accident book, which indirectly influences their ability to recover damages. The employer will ask “why” and “for what reason” since if the matter is not reported even for any of the reasons – the matter will be questioned anyway, and will undermine our specific case and raise doubts, which will make it impossible to claim the compensation. So, be cautious regarding every record when you are filling to get the fair compensation.

Step 3: Collecting The Necessary Evidence to File a Successful Lawsuit

To get a successful work accident claim related to defective equipment or machinery, you have to provide proof that the equipment or machine was defective, and that the defect caused your injury.

As a matter of practice, it will be easy to prove that the machine constitutes a clear malfunction and that they have brought engineers in to inspect and repair the machine. In the claim, it will be requested all inspection and repair report records that have been performed post-accident. Hopefully, these documents will support rights of injured individuals.

Take pictures or even video footage of the equipment to ensure that you can prove that the machine or equipment is faulty despite the confidence that you will be able to do this. It is also prudent to note down the personal data of as many witnesses who could vouch for what actually happened in the incident. In addition, if it comes out that any other person who had used or worked with the machine had similar problems or had reported any defect to the company as then that will be part of the investigation as well.

Keeping a record will enable you to gather more information which is the best so, do not forget to ensure that all your medical bills are well recorded and other expenses you have arising out of the accident. The add up of even the little things can be surprising and by noting down transactions as you go along, you do yourself a big favor through being able to submit and recover all the costs incurred.

Step 4: Complete Legal Consultation

Conducting the claim of a wrong use of equipment is impossible without taking a consultation with a skilled lawyer of personal injuries. They are the only professionals to assist you to confront the claims Antagonist and put your case on the strong side. The claims for faulty equipment can be tricky to handle, but after choosing the No Win No Fee lawyer, you will be sure that you will get professional help.

• You might want to remember that the very initial advice that is provided to you could be the main factor that determines whether a claim succeeds or fails so you do not have to be a genius to know that seeking assistance at the very beginning of the process is the right decision.
  • Mostly first and before all other things your worker’s compensation will be able to examine the merits of your case and then provide an impression as regards whether success for the claim in the workplace equipment category is possible.
  • They will be there to take you through the process and you will have the opportunity to be oriented on your legal rights and duties. Besides, they will provide you with an overview of what is next to come.
  • They should be able to do it all – your workplace equipment questions answered and your fears for it also counted.

Step 5: Mediating The Variations

As long as your claim against the employer’s insurance company is accepted and there is no dispute about your defective equipment injury claim then, once all the medical evidence has been obtained, the solicitor dealing with your case can begin negotiating an agreement for you to receive a compensation you deserve.

Obviously, it is very crucial to have a good legal representation in the course of negotiation so that you are not taken advantage of or offered a low amount of compensation, compared to the injuries you sustained and any losses you will incur in the near future. Your solicitor should be able (in many cases) to meticulously access the claim’s value and acknowledge the strengths of any offers made by the employer’s insurer. Again, it does remind us to ensure that we do not finalize our claims prematurely and hence run the risk of under settlement of the compensation.
In reality, this implies that you are sure about having a full and complete recovery or that your doctor will provide the medical documents that will support the symptoms so you will get the compensation you deserve.

“Suddenly you realize you have been scammed” Sorry to tell you but that the deal you booked was a scam. Ok, then what? The earlier you will start the sooner you will be able to defend yourself and save others as well. Getting back all your money that was stolen could be hard, but recovery there is more left than the mere loss regaining.

These six steps will teach you how to prevent further theft as well as how to report them and start the recovery process…

• Stop Pay Money

Leaving aside the evident ones though, some of these frauds with the high profits promise get the victims to send the fees one after the other to make their suspects about the frauds false. These crimes have been more common a phenomenon online in recent months. In most of the cases, Genuine brokers will charge fees and commissions from your account, and not asking for additional money to get your earnings or principal back to the account. US brokers will always keep off and not collect any money for the government.
Scammers fools the victims by claiming that the money will be recovered if the victims initially pay an up-front fee, gift, retainer or taxes. These scammers often pose as the agents of the government, attorneys, or recovery companies. Understand more of recovery fraud warning indicators.

• Don’t Disclose Your Security Measurement

As for your identity and account security, ensure you employ security measures such as two-factor authentication and strong passwords.
In case that you gave the payment information to the fraudsters, take the necessary steps to revoke their access and avoid the identity theft problems.

• Credit Cards- Make a fraud report to your card issuers if your card information is one of those used in the fraud transaction. This component may call on you to open a new account number They may also consider calling one of the three credit reporting companies and making a fraud alert request on their credit file. If you contact the credit bureau, it will thereafter notify the other credit reporting agencies of the fraud alert. A fraud alert requests creditors to validate your identity before extending the credit in your name. Fraud alerts impose no charge, and seldom last longer than a year or remain until you request the alerts’ cancellation. You can likewise ask for a free security freeze request. A security freeze prevents someone from viewing your credit file, therefore, it is difficult for identity thieves to open accounts with your name. You will have to contact every credit scoring company to accomplish this. A security freeze will not remain lifted unless you ask it.
  • Automated Clearing House Data Via Bank- In case the fraudster obtained the account number or the routing number, contact the bank or the credit union immediately. In this situation you might have to close your current account and reopen a new one.
  • Social Security Number– If, after jumping through the necessary security hurdles, you still are not satisfied, go with a fraud alert or a credit freeze and report your information stolen at gov website. Be wary of scams that state that your social security number is attached to back taxes. Check and verify claims from the IRS or creditors before paying any money that you have not yet accepted.
  • Log-Ins and Passwords.Make sure to update accounts that utilize such usernames or passwords into new log-ins as soon as there is a possibility of having accessed a fraudster’s website.
• Get The Pertinent Data and Document

Because the events are occurring right now in your memory, make an outline and gather documents and information at this stage which could be useful later on when time to report or investigate the fraud.

Indicate the chats with the fraudsters you have but with the respective dates and times the dates were made. Documents and information to collect and keep include:
• Names, titles or positions of the fraudsters.
• Profiles on social media, group postings, chats, and all the other interactions online.
• Websites’ names/links and screen shots.
• Emails (and email addresses).
• those contact phone numbers you used them for.
• Account information, statements, trade confirmations, disclosures, and solicitation materials.
• If the credit cards were used, attach the channels of receipts.
• The transaction of digital currencies, bitcoin for example.
• Information on the records of other formats that include cancelled checks or money receipts of wire transfers, money orders, or prepaid cards.
• Including the envelopes of anything received (email, letter,…) in the mail.

• Let’s Report the Fraud to Authorities

• Please tell us if you are of the belief that you were a victim of fraud that involved commodity futures, options on futures or swaps, commodity pools, binary options and forex, digital assets or other derivatives.
• In your case, you have already been through other types of fraud and you don’t know where to send your report, we can direct you to the Department of Justice, who has a directory. Moreover, Federal agencies keep in touch with one another so that if your complaint is not within the scope of a particular agency, a related agency would still have it forwarded to you.
• If the scam occurred in your own community, you would also be able to raise the same matter with the police and the Professional Attorney. You should also fill a police report if you want to file a claim with your insurer for losses incurred from the fraud.

Automobile accidents may be costly, particularly if your car sustains significant damage or if someone is hurt. Car insurance’s purpose is to assist in paying the bills and shield you from potentially crippling financial obligations. This is how auto insurance functions. Depending on where you reside, several types of coverage included in an automobile insurance policy may be required or optional.

Almost all states establish minimum amounts for auto insurance and practically all require drivers to have it. The types and quantities of coverage, the deductibles you select, and other considerations will all affect the cost of your vehicle insurance.

What Is Covered by Auto Insurance?

An automobile insurance policy includes many forms of coverage, some of which are required by law in the majority of states and others of which are optional. The most typical types of coverage are:

Liability insurance for bodily harm.

This coverage will assist in covering any costs up to the limits of your policy if you are at fault in an accident that results in injuries to another motorist or their passengers. There are, nevertheless, some situations when proof of insurance is necessary.

Liability insurance for property damage

This includes any harm you bring about to another driver’s car or other property, such as a fence belonging to a neighbor. Additionally, almost every state requires it.

collision protection.

In the case of an accident, collision insurance can cover damage to your car. Every state makes it a choice.

encompassing protection

Comprehensive insurance sometimes referred to as “other than collision,” covers harm to your car from incidents like fires, floods, and falling trees. If your automobile is stolen, it also covers you. It is optional, much as collision coverage.

Personal injury protection and medical payments.

If you or a passenger in your car is hurt in a car accident, Med Pay or PIP, which is required in some jurisdictions, will pay medical bills and related expenses.

coverage for uninsured or underinsured drivers.

This insurance can make up the difference if you ever get into an accident with a driver who doesn’t have vehicle insurance or whose insurance isn’t enough to pay for the damage they’ve caused. In certain states, it is required.

Who Is Covered by Auto Insurance?

A personal vehicle insurance policy would typically provide coverage for the policyholder and any family members specified as drivers. Most policies also provide coverage for anybody who drives your car with your permission but is not listed on your insurance.

How to Make an Insurance Claim for a Car

You should contact your insurance provider as soon as possible if you’ve been in an accident or your automobile has suffered additional damage. It will designate a claims adjuster, whose responsibility it is to evaluate the damage and calculate how much the insurance must pay you in accordance with your policy.

Find out what details your insurance requires to process your claim. For instance, it can ask you to transmit pictures of your damaged automobile by SMS, email, or the insurance provider’s app. A police report, if there is one, and a receipt, if you had to pay to have your automobile towed, should both be saved. You should give your insurer the name and insurance details of any other drivers if they were involved.

You are free to select your repair facility, however, your insurance may have a list of those that it works with. When your automobile is fixed, the insurance company could repay you if you pay the shop beforehand or pay them directly. In any case, the deductible on your insurance coverage is your responsibility.

On a daily basis, many people don’t consider their furniture to be a threat to their child. And yet, every day, a child is harmed by a piece of furniture. Televisions are the most common causes of furniture tipping injuries, causing traumatic brain injuries or abdominal trauma.

Furniture tipping is a growing hazard to families with young children. Every year, hundreds of children are hospitalized due to a furniture tipping accident. What’s worse, 84% of furniture tipping injuries that result in death involve a child under the age of 9.

Educate yourself about the dangers of furniture tipping in order to prevent this danger from harming your child.

March is Brain Injury awareness month an in order to help spread the word, we found some data on brain injuries that we wanted to share…

Del Rio & Carichoff

Yost Law

Graves Mclain

Daggett Shuler Law

Shoplifting has grown exponentially throughout the past few years, but don’t take our word for it, see the statistics for yourself in this data visualization from the Price Gun Store…