Statute of Limitations in a Wrongful Death Lawsuit: The Process Explained
If you don’t file the lawsuit within the statute of limitations, you could lose the right to pursue legal action against the responsible party, but there are exceptions like new evidence or finding out that a minor was involved.
Common Injuries Resulting from a Pile-Up Car Accident
A pile-up car accident, also known as a multiple-vehicle collision, can damage your vehicle and leave you injured and needing medical care. Some injuries are minor and won’t affect you in the long run, but others are severe and require medical attention, surgery, and even hospitalization. There are three categories of injuries: soft tissue, head, and internal. Any of these injuries can be minor, moderate, or severe, which is why understanding them is so important. Today’s blog discusses these types of injuries and what you should do about them. Soft Tissue Injuries Bruising/Contusions You’d be surprised by how many bruises and contusions you can end up with after being in a car crash. You could have bruises around your waist from your seat belt restraining you during the accident, broken glass or car parts, or hitting your arms or legs against your car’s interior. If you notice stomach pain or other symptoms of seat belt syndrome, you’ll want to seek medical care immediately in case you have a more severe injury. Whiplash Whiplash is a common injury. A pile-up car accident will force your body to move quickly in abnormal ways in all directions, which can strain the muscles and ligaments in your neck and back. That strain causes whiplash. Whiplash can bother you for a while after a car crash, but with proper medical care, you can get back to your usual self in time. Neck/Back Injuries Whiplash isn’t the only neck/back injury out there. Other neck/back injuries can include herniations, ruptured discs, and spinal injuries. A herniation occurs when part of a tissue or organ pushes through a weak spot in the surrounding tissue or muscle. While herniations can happen in many body parts, abdomen and back herniations are the most common. If there’s a ruptured disc, the soft, jelly-like material inside the spinal disc pushes through a tear in the disc’s outer layer, causing severe pain. It can put pressure on nearby nerves, causing numbness or weakness in the affected area. You could have a ruptured disc without realizing it since it can take time for the symptoms to appear. Plus, symptoms can range from mild to severe discomfort, so you might not realize it’s that severe until your symptoms get bad enough. Spinal injuries include herniations and ruptured discs, but they also cover many other injuries, including minor sprains, fractures, or even spinal cord damage. Spinal injuries are severe and require immediate medical attention since your symptoms could indicate a problem that your body has had but is only now producing symptoms of. Awareness of new and developing symptoms is vital to caring for yourself after an accident. Limited mobility, stiffness, soreness, and pain are signs that you are still injured and may need to see a doctor. Additionally, physical therapy can often be essential to a full recovery, especially if you’ve had surgery. Head Injuries Concussions A concussion is a traumatic brain injury that occurs when there’s a blow or jolt to the head, causing the brain to bounce or twist inside the skull. A concussion caused by a car accident typically occurs when you hit your head on your car. Common symptoms of a concussion include memory issues and feeling like something in your brain isn’t working right. You might experience a headache, confusion, dizziness, and light sensitivity. You can often wholly recover from a concussion, but immediate medical attention is usually required. Without proper care, you could experience long-term cognitive and neurological problems. A doctor can provide treatment that will go a long way toward reducing headaches and preventing permanent damage. Traumatic Brain Injuries Traumatic brain injuries are severe and can permanently affect your health and well-being. While a concussion will make you feel like something is wrong with your brain, a traumatic brain injury will change how your brain functions. Those changes include how you think, how you process information, and how you regulate your emotions. Recovery is possible, but it could take years to recover fully. Internal Injuries Broken Bones Broken bones, also known as fractures, can happen for various reasons. Most commonly, they occur when there’s a sudden force on the bone. That force can come from the impact of a pile-up. How severe a fracture is, varies from a hairline crack to a complete break that causes the bone to fragment. No matter how minor or severe, proper medical care will ensure proper healing and prevent-long term complications. Broken arms, legs, ribs, and ankles are common car accident injuries. If you have a fracture, you might need surgery to recover completely. You might be out of commission for a couple of months, but you’ll likely make a full recovery. Internal Bleeding Internal bleeding is severe. It happens when there’s damage to a blood vessel that causes blood to leak into the body instead of flowing through vessels as it should. If you feel weak, dizzy, and have abdominal pain, you should immediately seek medical care, as this could indicate internal bleeding. It’s important to note that internal bleeding isn’t usually visible. A pile-up can damage your organs and cause them to bleed. Immediate medical intervention is often life-saving for this kind of injury. Flickinger Boulton Gooch & Robson Can Help If you’ve recently been in a pile-up car accident, Flickinger Boulton Gooch & Robson can help you. You may be able to collect damages for your injuries and your pain and suffering. Contact us today for your free case evaluation to see how we can best represent you. Call us at 801.500.4000, or fill out the form on our website.
4 Ways You Can Avoid Pedestrian Accidents as a Driver
As a driver, a pedestrian accident is probably one of your worst nightmares. Hitting a pedestrian can result in catastrophic bills that increase your insurance premium and sometimes have extreme consequences, like incarceration. We want you to be able to avoid a car accident involving a pedestrian at all costs. That’s why we’ve put together this blog with four ways you can prevent pedestrian accidents as a driver. Keep reading to learn more. Learn Pedestrian Behaviors Learning pedestrian behaviors that are common to all pedestrians helps you out, especially if your fear of hitting a pedestrian comes from not knowing what they might do. It’s very understandable. The good news is that there are behaviors common to most – if not all – pedestrians. Common pedestrian behaviors vary, but jaywalking, crossing the street outside of crosswalks, texting while crossing the road, and ignoring traffic signals are the most common among everyone. Pedestrians are more likely to jaywalk, text, or ignore traffic signals in areas without pedestrian infrastructure, like dark streets and intersections without crosswalks, so it’s important to be extra vigilant in these areas. If it’s too dark to see, turn your brights on to illuminate any pedestrians so you can avoid hitting them. Driving more slowly in the dark is another good way to reduce the risk of accidents. Another important aspect is paying attention to cues, like a pedestrian’s eye contact or body language. Eye contact can indicate that a pedestrian has seen you and is prepared to cross the street. They will likely wait for their turn to go. Lack of eye contact can mean they are distracted and unaware of their surroundings. So be prepared for a distracted pedestrian to suddenly step out into the street. School zones are another important area to pay attention to since children don’t always understand crossing rules. Always obey the crossing guard, and stay alert for children who might run out into the road, even if the crossing guard motions for you to go. It’s imperative to be aware of these habits every time you drive to prevent a pedestrian accident. Obey Traffic Laws & Regulations Obeying traffic laws and regulations is crucial to avoiding car accidents as a driver. This includes observing speed limits, stopping for pedestrians in crosswalks, and avoiding distractions like texting or eating while driving. One simple distraction can be enough to cause an accident. Speed Limits Obey the speed limit is important for avoiding pedestrian accidents. Speed limits are set in consideration of road conditions, pedestrian activity, and other factors to ensure everyone stays safe. Speeding increases the likelihood of accidents and makes it more difficult to stop in time to avoid pedestrians or road hazards. Speeding also makes accidents more severe by increasing the force of the impact, which is yet another reason to obey the speed limit. Obeying the speed limit also helps maintain a safer and more orderly traffic flow. In addition, it sets a positive example for other drivers on the road and keeps everyone safer. Stopping for Pedestrians Simply put, it’s against the law not to stop for a pedestrian in a crosswalk. Crosswalks are designated areas for pedestrians to cross the street safely. It’s your responsibility as a driver to slow down and stop to avoid an accident. These laws are in place for everyone’s safety and protection. This is why not obeying traffic laws and regulations can result in traffic citations, fines, and even more severe consequences like incarceration. Distracted Driving Avoiding distractions like texting, eating, or even adjusting the radio can take your attention away from the road and prevent you from noticing pedestrians or other road hazards, which can ultimately cause a car accident. Distractions can slow your reaction time, making it more difficult to avoid an accident. It’s important to keep your full attention on the road to avoid distractions that could put you or others in danger. Pay Attention at Intersections Intersections are high-risk areas for pedestrian accidents since these areas are often crowded with pedestrians and cyclists. Often, when a light turns green, signaling you to go straight or turn right, the pedestrians at the crosswalk also have the right of way to go across the street. So, even if you have a green light, check for pedestrians before making a right-hand turn. Be extra careful when turning at an intersection, follow all laws, and be prepared to stop, even if you have the right of way if a pedestrian starts to cross. It’s much better to pause for the pedestrian than to risk an accident. Drive Safely & Defensively Driving safely and defensively means anticipating unexpected situations, like a pedestrian suddenly stepping into the street or a child riding a bike on the sidewalk. It’s important to always drive safely and responsibly by avoiding tailgating, using turn signals, and yielding the right of way whenever necessary. Call Flickinger Boulton Gooch & Robson Today Learning about pedestrian behaviors and obeying traffic regulations are helpful steps for preventing pedestrian accidents. It’s important to remain alert to your surroundings and to pay close attention to intersections. Ultimately, defensive driving is the best way to avoid pedestrian accidents and to make our roads safer and more accessible for everyone. But if you are involved in a pedestrian accident, know that it is possible to get justice. Contact Flickinger Boulton Gooch & Robson today for your free case evaluation and take one more important step toward regaining control of your life. Flickinger Boulton Gooch & Robson have over 150 years of combined experience in personal injury law and have won our clients hundreds of millions of dollars. Let us fight for you to get you the compensation you deserve for your pain and suffering. Call us at 801.500.4000, or contact us through the form on our website to get started.
Everything You Need to Know About Construction Law
Construction law covers every aspect of the construction industry. Understanding the basics is essential if you’re working on a construction-related project. Knowing your legal rights and responsibilities can help ensure that everyone fulfills their obligations in a timely, cost-effective manner. Today’s blog is all about construction law. We’re discussing the different areas of construction law and the most common disputes that arise from it. Keep reading to learn everything you need to know. Areas of Construction Law Construction law is a complex field, so complex that most construction companies have construction liability insurance. Construction law encompasses many aspects of construction and development, covering topics like contract negotiation and bidding, building codes, design liability issues, employment practices, environmental regulations, contractual obligations, and intellectual property rights. Let’s take a closer look. Contract Negotiation and Bidding. Contract negotiation and bidding cover negotiations, creating contracts, and ensuring that the most qualified contractors get projects at a fair price. Every aspect of the negotiation process must be documented to ensure all parties understand their rights and obligations. The bidding process typically involves analyzing the terms of different proposals to determine which bid offers the best combination of cost, quality, and timing for a particular project. Building Code Regulations. Building code regulations are critical to the safety and integrity of any construction project. These regulations outline building materials, designs, and practice specifications that must be strictly followed to ensure success. Building code violations range from inadequate structural support to insufficient insulation. Violations almost always result in expensive repairs, injury, or even death. Adhering to detailed building codes is essential for any construction project to be legally compliant and successful. Design Liability Issues. Design liability issues cover a party’s legal faults in the design of the building. Architects, designers, and engineers are responsible for verifying that all designs meet or exceed building codes and regulations. If an oversight or inadequate design causes a project to fail, the parties involved could be held financially liable for their negligence. That’s why exercising caution and properly documenting decisions is important to ensure legal protection against any potential negligence claims. Employment Practices. Laws and regulations protect construction workers, ensuring fair and safe working conditions. These laws include requirements for providing appropriate pay, ensuring workplace safety, preventing discrimination, and posting workplace notices. Before beginning any project, employers must familiarize themselves with any applicable federal and state laws to ensure they follow proper employment practices. Failing to comply with these rules can result in severe financial penalties or criminal prosecution. Environmental Regulations. Construction projects often affect the environment, so contractors must be familiar with relevant environmental regulations. These regulations vary by state and cover topics like using hazardous materials, waste disposal, soil erosion prevention, and endangered species protection. Failing to comply with these regulations can result in hefty fines or criminal charges. It is up to construction companies and project managers to ensure that all environmental requirements are met before beginning any work. Contractual Obligations. Construction companies must be aware of their contractual obligations when working on a project. This ensures that all workers are paid according to their contract, deadlines are met, safety guidelines are adhered to, and the project is successfully completed. Contractual disputes can result in costly legal battles, making it important for employers to understand their contractual obligations to avoid potential conflicts. Intellectual Property Rights. Intellectual property rights law involves anything from protecting a building’s design to avoiding infringement on copyright, trademarks, and patents held by other businesses or individuals. Project managers must understand the applicable laws and regulations to ensure that intellectual property rights are respected. Failure to do so can lead to significant financial penalties and potential legal disputes. Common Construction Disputes Construction disputes are common and can be complex and time-consuming to resolve. Even having construction liability insurance isn’t always enough. Disputes come from contractual breaches, inadequate performance of duties, miscommunications about project specifications, and failure to adhere to safety standards. Let’s take a closer look. Breach of Contract Disputes. These occur when a contractor or other party fails to fulfill their contractual obligations. These disputes can cause project delays, additional expenses, and contract termination. Contractors must take reasonable care to ensure they meet the agreed-upon requirements so any claims or disputes can be quickly resolved. Early dispute resolution should always be sought whenever possible, as this can help minimize costly legal battles. Liability for Defects in Design or Construction. Liability for defects in design or construction can be a significant concern for contractors and homeowners. Under the law, contractors must complete work in accordance with professional standards, and they could be held liable if they fail to meet these standards. Homeowners can also be held accountable if they contribute to the defects through negligence or improper oversight. Regarding design, both parties must agree on a contract specifying the details of the project before any construction takes place to avoid any potential disputes related to liability for defects. Liability for Dangerous Worksite Conditions. Employers are responsible for providing safe working conditions and should take all reasonable precautions to protect employees from hazardous situations. Workers are expected to follow safety guidelines and use recommended protective equipment. In some cases, third parties might also be held accountable for not meeting the project’s safety requirements. If a dangerous worksite condition causes an accident, the negligent party can be sued for damages or even criminal charges, depending on the situation’s severity. Flickinger Boulton Gooch & Robson Can Help If you need a construction lawyer and are looking for reliable, experienced legal representation, Flickinger Boulton Gooch & Robson should be your go-to source. Our team of experienced attorneys has won hundreds of millions for our clients, and we’re here to fight for the same results for you.We are dedicated to providing quality solutions tailored to your legal needs. Call us at 801.500.4000, or visit our website to schedule your case evaluation and see what Flickinger Boulton Gooch & Robson do for you.