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Uninsured or Underinsured Motorist Coverage – It’s Worth the Extra Cost

car accidentCarrying auto liability insurance or a state-approved bond, which will show a driver’s financial capability in compensating anyone who is innocently injured or whose property is damaged in an accident, is a requirement in all 50 states in the US. This requirement is meant ensure injured victims of reckless, negligent and irresponsible at-fault drivers that they have a chance of receiving compensation which will cover cost of treatment for their injury and loss of income.

The type of auto insurance, however, differs among states. While most states require a tort-liability policy, there are a few that require the no-fault auto insurance instead – the difference simply on how compensation may be sought.

In tort states, to be able to seek compensation, the victim of an accident usually needs to file a lawsuit against the at-fault driver (unless this driver makes an out-of-court settlement with his/her victim) and prove that the accident was a result of his or her negligent act. After liability has been proven, payments to cover bodily injury and property damage (this does not include payment for the at-fault driver’s own injuries and damaged property) will be made by the at-fault driver’s insurance provider. According to the website of the Mokaram Law Firm, any amount that will exceed the compensation that needs to be paid will already have to come from the liable driver’s own pocket.

In no-fault states, however, cost of medical treatment resulting from the injuries (of both drivers) sustained in the accident will be paid by each driver’s insurance provider, regardless of whose fault the accident is. This means no more need to file a lawsuit to be able to prove fault.

This state requirement, of carrying auto liability insurance, particularly in tort states, should be enough to assure anyone of the compensation that he or she may be deemed eligible by the court to receive. However, there is one very troubling major problem (related to this auto liability coverage) that the Insurance Research Council has identified – that 1 in every 8 drivers in the US continuously drives on roads and highways despite being uninsured. However, instead of catching these drivers and putting them behind bars, insured drivers are rather given the additional requirement of carrying Uninsured /Underinsured Motorist coverage on top of their auto liability insurance.

Due to the absence of coverage on a vehicle, Uninsured motorist coverage will cover all economic losses and damages suffered by an innocent victim. This coverage is most helpful if a person is hit by an uninsured driver, a stolen vehicle or a victim of a hit & run. Underinsured motorist coverage, on the other hand, is intended to cover the amount in excess of the policy limit of the underinsured motorist.

Uninsured /Underinsured Motorist coverage will definitely be additional costs for any driver; however, thinking about the benefits it will provide, it might just be worth the extra cost.

C.R. Bard’s responsibility in the injuries caused by the IVC Filters

After a NBC Investigation was conducted, many questions began to arise about the company C.R. Bard. The company is behind the device the Bard G2 IVC Filter, designed to catch blood clots before they travel towards the lungs and cause pulmonary embolism, according to Habush Habush & Rottier S.C. ®. Although the medical device was intended to help individuals looking to prevent the deadly disease, many side effects began to come to light. More than 900 cases of adverse effects caused by the implanting of the temporary device were reported to the FDA, including 27 deaths. Despite these disturbing figures, the company neglected to recall the product.

The failure of C.R. Bard to recall the device meant it was still being used on individuals unaware of the devastating risks associated with the IVC Filter. The device often became fractured inside the body or migrated to other areas of the body, leading to conditions such as cardiac tamponade and perforation of the heart. Not only were individuals put at risk of these conditions, but were not properly warned about these side effects. Numerous lawsuits have begun piling up against the Bard Company, who many suspect knew about the dangerous side effects and failed to warn patients about them. This is not the company’s first run-in with the FDA, as the Bard G2 IVC Filter was a replacement for the Bard Recovery Filter associated with many of the same side effects.

New dangers of the filters are still surfacing, thanks in part to NBC’s yearlong investigation of the company and the device. Individuals are still coming to the forefront reporting their nightmarish encounters after the implanting of the device, including many who narrowly escaped death after the device became lodged in their bodies. Regardless of the warning issued by the FDA, many individuals will continue to suffer from the filter as long as C.R. Bard does not properly handle the dangers associated with the device.

Keeping Motorcycle Riders Safe

Records from the Department of Transportation (for 2014) show that the state of California has the highest number of registered motorcycles, at 801,803, followed by Florida, which has 574, 176, and then Texas, with 438,551.

Back in 2012, the number of motorcycles allowed on US roads and highways numbered close to 9 million – counting only those that were registered, of course. With the exception of light scooters or mopeds (a low-powered motorized bicycle with an engine smaller than 50cc), motorcycles, generally defined as any two- or three-wheel powered vehicle, should comply with state and federal certification standards and be registered or licensed to be used on public roadways.

While cars have now become the most common means of transport, the fame of motorcycles has also continuously risen in all 50 states, prompting state and local governments to pass and enforce laws that will keep motorcycle riders safe on public roads. Some of the directives required by these laws include:

  • The use of a helmet that complies with the standard required by the U.S. Department of Transportation Federal Motor Vehicle Safety Standard 218 (FMVSS 218), more commonly known as the “DOT helmet standard”
  • The installation of the “automatic-on headlamp” (or the daytime running lamp), which lights up as the motorcycle engine is started. Some states required this feature in 1973. Eventually, almost all street bikes sold in the nation got equipped with it.
  • This daytime running lamp is intended to make motorcycles more noticeable even during the daytime to significantly reduce incidences of right-of-way violations
  • Recognition of a motorcyclist’s right-of-way. Violations of this law definitely have different effects on drivers and riders. While accidentally or intentionally failing to yield or give way to a motorcyclist may severely injure a driver in the event of an accident, this accident’s effect on a rider is more likely to result to harm that is far worse, such as disability, amputated limb/s, disfigurement or death.

While the risk of an accident should never be a deterrent for one to enjoy and benefit from the experience of riding a motorcycle in Louisville, one should also not forget that, no matter how careful a rider he/she may be, it will only take one negligent or reckless driver to make his/her motorcycle experience a nightmarish one. And, since his/her ride lacks the protection offered by a seat belt, steel frames, an airbag and all other protective shields that a car can provide, a rider can easily be tossed violently from his/her bike and suffer injuries that can alter the rest of his/her life.

Wear at least a DOT standard helmet, a brightly-colored and padded upper-torso jacket or shirt, and the prescribed riding pants, shoes and other necessary gear and, most important of all, always ride safely. Though some of these safety apparels may run in total contrast with one’s concept of being fashionable, especially when riding a perfectly cool motorbike, the benefits of taking precaution will still greatly outweigh the possible consequences of an accident, a situation, which a personal injury lawyer will be very much interested about. This is because a motorcycle accident will leave a rider not only traumatized, with damaged property and physically injured, but also with costly medical bills to pay and lost income: damages a negligent driver will be required by law to pay. But for the motorcycle rider victim, what is necessary is the best legal representation that only a seasoned personal injury lawyer can provide.

Personal Injury Lawsuits: Even Kids are Doing it Now

Gone are the days when kids could roughhouse without bringing the legal system into it, but a New Jersey court is attempting to give it some context.

The case revolved around a sports injury sustained by a 12-year-old boy playing lacrosse. His arm was broken when an 11-year-old player crashed into him, and the family of the injured player sued the 11-year-old for it. It was the first case of child-on-child sports injury, and the court ruling set a precedent for similar future cases in the state.

According to the court, the plaintiff had to show that the defendant (the 11-year-old) acted in an unreasonably reckless way out of keeping with the activity they were engaged in. Some aggressive behavior is expected in a team sport like lacrosse, so the operative word here is reasonable conduct.

Furthermore, the judge considered that child-on-child sports injuries could not be judged on the same basis as when adults (in sports) are concerned. In the court’s opinion, it would be “be unfair to hold children who engage in such sporting activities to the same expectations and standards of conduct as adult athletes.”

The court ruled that the family of the injured lacrosse player had no grounds to sue the 11-year-old because his conduct was not found to be unreasonably reckless. That is a distinct relief for all young players who may hesitate to participate in sports with the risk of personal injury liability hanging over their heads.

How You Can Win Your Case By Using The Right Lawyer

From marriage contracts and divorces to troubles with an employer or starting a new business, many people find that there are many times in life when they will need a lawyer. But you need to know how to choose the right type of lawyer for whatever your situation may be. Continue reading to learn what you need to know about lawyers.

Before you hire a lawyer, sit down and define the problem that you have. Sometimes, you may find that your situation is not bad enough to warrant a lawyer. However, some situations, like William Kherkher’s are dire and require the help of an attorney. Understanding exactly what you are going through can help save you a lot of money over time with a lawyer and court fees.

If you need a good lawyer, ask your friends, relatives and colleagues if they know anyone. It is best to get a recommendation from someone you trust rather than hiring a lawyer who spends a lot on promotional campaigns. If you cannot get a recommendation, do some background research on different lawyers.

Do not hire a lawyer until you know more about their experience and their results. A young lawyer might be more affordable but you will definitely benefit from hiring a more experienced and more successful lawyer. If possible, try finding a lawyer who has positive experience with very similar cases.

When you are describing the situation that you are in to your lawyer, refrain from lying. You should be telling them the truth at all times, as this could backfire if you are questioned on the stand and your lawyer does not have all information available. Honesty is the best policy, especially in regards to legal issues.

As you can see, there are many types of lawyers and different types of legal needs that are tended to by each type. It’s not all that hard to choose a lawyer once you know a little about them. Keep the information in this article in mind when you find yourself needing legal help in the future.

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