What to Do if You Are Hurt in a Bike Accident?

A cyclist getting into an accident with a car is terrifying. If you are the one riding the bike it is even scarier, but it's important you try and remain focused. The next steps that you make are critical to what transpires next with yourself and the case with the police. Remaining composed and focused will be very necessary for things to go smoothly in case of legal action after your bike accident.

The Police Will Be There Soon

Even if you think you are okay, it is best that you wait for the police to arrive. This is your opportunity to state what happened from your position. This is also quite handy in case you are injured. Sometimes minor injuries will develop into more serious problems in the future, and this might be your only time to properly identify the driver.

Just hold tight and wait for the police. It will not do you any good to negotiate with the driver at fault prior to their arrival. On most cases the driver will realize that they were the ones at fault and accept blame for the accident. Therefore, it is best for proper results to just document mentally and with photos what exactly happened at the scene.

State Your Side of the Case

In some cases, the police officer does not bother taking the statement from the cyclist, as in most cases the cyclist was not aware of the situation prior to the accident. Do not let this happen to you. Do everything you can to allow your story to be heard in the police report. Make sure all of your injuries are documented (even the smallest ones) in case they grow into a problem later on.

Obtain Driver and Witness Contact Information

Do try to obtain all necessary information from the driver that hit you. Their name (first and foremost), their address, phone number insurance information, license plate, and don’t forget their phone number. If you are not hurt badly, try and get the contact information of bystanders as well. You will not need their insurance number or anything like that, but their name and phone number could definitely help.

Get Checked Out

Go see a doctor or specialist as soon as you can. Even the smallest of injuries are worth being checked out in case they grow into something worse in the future. Going to the doctor can act as your “receipt” of injury documenting that you were indeed hurt in your accident.

Maintain the State of All Evidence

This one can be easily overlooked, especially if your bike was wrecked and is your main form of transportation. Leave everything in the same condition it was after the accident. Don’t try to get anything fixed or inspected. Keep the clothing the same, your helmet the same, and make sure you keep everything to yourself with the exception of your attorney.

Contact an Injury Lawyer

Freeburn Law are the professionals you need that can answer all of your questions, and handle all of the complicated bits of your case. Do not wait until it is too late, and call as soon as you can.

What Dog Owners Can Do To Prevent Dog Bites

There is no way to ensure that your dog won’t bite someone, but there are definitely ways to make it less likely.

Spay, Socialize, Train

Getting your dog spayed or neutered will alone reduce the odds of your dog biting anyone. This procedure will reduce the desire to roam and fight with other dogs, which means that you dog is ultimately less likely to bite.

Don’t keep your dog on a leash in your backyard alone all the time. A dog needs to socialize just like humans do. Introducing your dog to different types of people, situations and of course, other dogs, helps to lessen the chance of nervousness in future situations. If the dog doesn’t feel frightened it will lessen the chance of him or her lashing out.

Sit. Roll over. Shake. Most dog owners know these basic commands, but they’re just the beginning of getting your dog trained. Training classes are a great way to make sure your pup is social in contrasting environments. Be sure not to just take your dog to training, but go with them. Training the family dog should be an activity your whole family does. Every member should learn the training techniques and be a part of the furry family member’s higher education.

Teach Your Dog How to Behave

Whereas training is extremely beneficial for your dog and there are professionals that are able to do that, they are not the ones responsible for teaching your dog how to behave. Dogs will often mirror the behaviors and personality traits of their owner, so avoid displaying aggressive or overly negative emotions or behaviors in front of your dog. Teaching your dog to chase after or attack others, even in a playful manner, does no future favors for your dog, or yourself, should a lawsuit occur. It is not a foregone conclusion that your pup can differentiate play from real situations.

Always be proactive in the training of your dog. Waiting for an accident to occur is waiting too late. The first time there are any behavior issues pointed toward danger toward another person contact your veterinarian, dog trainer, or community animal care.

Be Responsible

As the owner, be sure to have proper licensing for your dog as required by the law, and provide regular veterinary care. You don’t want anything to happen to your dog, and the best way to make sure of that is being wherever your dog is. Don’t let your dog roam without you, just as you wouldn’t let a young child roam without you.

Make sure you have an insurance policy for your dog, especially if there is a history of behavior problems. It will save all parties involved from a paperwork-fueled headache.

If Your Dog Bites Someone

If your dog bites someone it is of utmost importance to take the offense seriously. Confine your dog immediately, and check on the victim’s condition - if it is severe enough to warrant medical attention call 911 right away. Again, it is very important to ensure that all vaccinations have been taken care of and up to date, because this information will be very important for the victim to know.

Be sure to seek professional help in order to prevent your dog from biting again. If your dog’s behavior continues in this manner do not just give them to anyone willing to accept because you could be liable for any damage done even if they’re not technically yours anymore.

On the other hand if you were the one bitten by a dog, legal action can be taken for personal injury. Freeburn Law are available to handle all of the legal necessities of your personal injury case, and will be there every step of the way. If a dog has injured you don’t hesitate, contact your personal injury attorneys now.

What Damages Are Available in a Wrongful Death Case?

When you lose a loved one due to the negligence or deliberate act of another person it can be utterly devastating. You had no time to prepare and you weren’t ready for them to go. What will you do about the medical and funeral costs? What about the money you depended on them to bring in, to pay bills and to live a secure life? Thankfully there are laws in place to help ease that burden through filing a civil case against the responsible party. Learn about the kinds of damages you can recover from a wrongful death case, and how a personal injury attorney can help.

The Wrongful Death Case 

A wrongful death case is a civil lawsuit that is brought by the estate or surviving dependents and relatives of a person who died because of another person. In general, a representative of the deceased’s estate files the suit, and while every state is unique, there are certain universal rules that most cases can count on.

Who Can Get Compensation

Generally speaking, there are three classifications of people who can receive compensation through a wrongful death suit. There are many factors that go into this decision, and it can include the relationships with surviving family as well as how dependent they were upon the deceased person financially and/or emotionally. The three classes of beneficiaries include:

Damages from Wrongful Death 

There are a wide variety of damages that may be available to the survivors of a deceased person through a wrongful death civil action. These damages include, but are not limited to:

If you have lost a family member due to an accident or incident that was caused by another person, don’t suffer silently. Attempting to recover damages from the incident can be stressful and time-consuming and you need someone in your corner that knows how to fight for your rights every step of the way while allowing you time to mourn. Look over our website for information about our wrongful death suits, and contact us today for a no-obligation consultation on your case.

How to Tell if You Have a Product Liability Claim

Product liability laws exist to protect citizens from being injured or suffering any sort of financial, physical or other damages due to a defective product. With millions of products on the market from which to choose every day, it can be easy to pick up one that is not well made or poses an undue risk, and you never realize it until it is too late. So, how can you tell if the product you’ve used was defective, and what are your options? Learn how to tell if you’ve got a product liability claim, what damages you can recover, and how an injury attorney can help.

Product Liability Claim 

The first thing to understand in a product liability claim is that you need to be able to prove you were using a defective product in the first place. The general benchmarks used to prove a product liability case are that you were injured resulting in some sort of loss, the injury was due to defects in the product and that you were using the product correctly - as intended by the manufacturers.

Injury and Loss

Unless you actually suffered an injury or other losses, you may not have a strong case. Even if the product blows up, if nothing was damaged and you weren’t hurt, you may not be entitled to more than a replacement product. It is critical in such a case to be able to prove injury or loss.

Defective Product

Next, you have to be able to demonstrate two things. First, you must demonstrate that the product itself was defective. It’s difficult to put specific qualifiers on this, since every product is different. But there must have been defects that the manufacturer should have known about and corrected. This can be due to a manufacturing error, a design defect, failure of the manufacturer to warn about potential hazards under certain circumstances, or other factors based on the specific incident. Your attorney can help you determine if there is a product defect at work.

Cause of the Injury 

This all comes together in the nature and cause of your injury. You must be able to show that it was, in fact, the defect in the product that was responsible for your injury or loss. The toaster burst into flame, damaging your kitchen and causing you burns because there was a faulty circuit or improper wiring within the unit, for example. To have a claim, your loss must be directly related to and caused by the defective product. This also means you must have been using the product properly, as instructed by the manufacturer. If you failed to clean the toaster and the crumbs inside caught on fire, for example, this could complicate your case.

If you have been injured due to a defective product, and you need help recovering damages, we are here to help. Check out our site for more information about product liability claims, and contact us for a case consultation today.

What Happens When You’re Hit by a Car?

One of the biggest fears for any driver is hitting someone while they’re walking. That being said, if you’re a pedestrian, the fear of getting hit by a car is much worse. The mass of a vehicle extremely outweighs any pedestrian, ensuring you won’t walk away unscathed. A driver at 30mph can do serious harm to a pedestrian walking, but so could a car moving at 10mph.

With the chaos that ensues from an accident, a lawsuit may be one of the least of your worries, but it is important to keep all legal action an option, especially if you've been hit by a car. 

Whose Fault Is It? 

The fault is most likely to go toward the party that displayed any signs of negligence. If the driver runs a red light, disregards a stop sign or is traveling at excessive speeds, they will primarily be considered as the negligent party. However, there are ways that the pedestrian can be careless as well. If the pedestrian wasn’t paying attention and decided to cross the road in an illegal area, they could be identified as the negligent party.

Some states, such as Maryland and Virginia, follow what's called a "pure contributory negligence" rule. This means that if the pedestrian contributed in the slightest bit to the accident, then he and his auto insurance company cannot recover damages from the driver and his auto insurance company.

Other states follow a "comparative fault" rule. This means that a pedestrian can recover some damages even if he was partly at fault.

Damages in a Pedestrian Accident Case

In a personal injury lawsuit, the damages are meant to compensate for all injuries. Yes, money doesn’t equate to the injuries one has to endure, but that’s the best that can be done.

The simpler categories of injury damages are medical expenses and lost wages. All medical expenses that the pedestrian paid as a result of the accident can usually be reimbursed as part of the damages in the lawsuit. If work was missed due to the injuries or the treatments, the money lost from not being able to attend work is generally made up as well.

How does one calculate the value of pain and suffering?  It’s hard to do, and can only be left up to a jury to decide. For example, if a pedestrian suffers some scrapes and a sore back for about a week, pain and suffering might be worth less than a thousand dollars. However, if it’s a bit more extreme - like a broken hip, collarbone, concussion or something that results in permanent damage - the pain and suffering might be worth hundreds of thousands of dollars.

Loss of normal life or "loss of enjoyment" refers to the negative impact on the injured person’s life as a result of the accident. So, if an accident was to leave the pedestrian paralyzed, and that interferes with the normal way of life they once had these damages would be higher than if the injured person had spent little time outdoors and active before the accident.

Get Professional Help

Recovering from injuries is already hard enough without having to worry about the handling the legal action of your case. The professionals at Freeburn Law are incredibly well equipped to handle your case. If you are a pedestrian injured in a car accident don’t wait before it’s too late. Contact your personal injury attorneys today!

How to Avoid Pool Accidents This Summer

Swimming pools are one of the ultimate luxuries. They provide great exercise and fun in the sun, and everyone loves a barbecue where they get to leap into the pool and cool down. However, it’s important to remember that you as a homeowner can be held liable for any injuries that occur in and around your swimming pool, so you should always exercise reasonable precautions. Learn the situations in which a pool owner can be legally responsible for injuries, and how you can avoid lawsuits and pool accidents, and keep your guests safe this summer.

Pool Accidents and Liability

Generally speaking, homeowner liability stems from the concept of negligence, meaning that when pool accidents occur, you didn’t take the proper precautions that a reasonable person would and should take. There are a wide variety of situations in which this could occur, and you might be surprised to know that even when someone is there without your permission, you could still end up liable for injuries.

Slip and Fall Accidents

Slip and fall accidents are some of the most common pool-related incidents there are. Make sure that you provide non-slip surfaces around your pool. This could be in the form of coating on your deck, efforts to remove and minimize standing puddles, or other means of providing and maintaining traction.

Attractive Nuisance Concept

There is a concept called “attractive nuisance.” This is more of a legal loophole than anything else, but it basically states that your pool is attractive to trespassers, especially kids. That means that you are responsible for taking every precaution to ensure they can’t get in. High fences that can’t be climbed, locked gates and essentially efforts to make the pool inaccessible unless you want it to be accessed must be in place.

Insurance Coverage

Many people are surprised to discover that most homeowner’s insurance policies don’t cover swimming pool damages unless there’s a specific add-on, and even then the coverage might not be as much as you need. Make sure that you’ve got very solid and extensive coverage against damages to your pool, or against accidents and injuries that take place around it.

If You Are Injured

If you are injured due to the negligence of another person, and you were just out to have a responsible good time, you may be entitled to damages covering your injuries and efforts to get well again. If this happens, you’ll want a qualified personal injury attorney to cover your case and make sure that you get the award you deserve. Getting compensated for injuries isn’t an easy or straightforward process, and the last thing you need while trying to get well is the extra stress of fighting insurance companies.

If you’ve been injured around a pool due to the negligence of a homeowner, we’re here to help. Check out the personal injury services we offer, and get in touch with us for a no-obligation consultation about your case today!