Kai Alana - GW Law Magazine - Insights & Resources

How to File a Workers Compensation Lawsuit

by Kai Alana Law on July 19, 2021

If you or someone that you know has suffered an injury as the result of work-related accidents, then a compensation claim can be an option. There is nothing easy about this process, though. To help get through all of this, it helps to have an experienced worker’s compensation attorney by your side.

The law is very complicated when it comes to workers’ compensation claims. First of all, there are several different levels of workers compensation, and there are often classifications within a specific type of injury. Because these classifications change from state to state, it helps to know exactly what kind of claim you should be filing. This is especially important because sometimes you will not be entitled to certain benefits because of the classification that you were injured at.

How to find out workers compensation claim?

If you are unsure of the exact type of workers compensation claim that you should file, you should contact a lawyer that specializes in this area. They should be able to give you a better idea of what kind of claim you should be making. For example, did you work for a company that built homes? If so, then you most likely would be eligible for some type of workers’ compensation benefits. Did you work for another company that builds furnaces? Then you may be eligible for the much stronger claims for those types of injuries.

If you find that you do not qualify for these benefits, then you will have to get advice on how to file a workers compensation lawsuit.
Your claim should be strong enough to stand up in court if need be. It will be important to take note of all the possible outcomes that could happen.
This includes losing your benefits and having to pay out of pocket expenses for your injury.
If you lose the case, you may not be able to collect anything because the company your work for will be responsible for compensating you for your injuries.

It is also important to hire an attorney who has experience with filing workers compensation claims. You should only work with someone who knows how to fight for your claim in the proper way. You should choose an attorney who has handled similar cases in the past and who can demonstrate that he or she is experienced in working with similar situations. You should make sure that the attorney is properly licensed to represent you. A well-licensed attorney will be able to handle all aspects of your claim while representing you in court.

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How Is Workers Compensation Calculated?

by Kai Alana Lawyer on July 19, 2021

Although you might not necessarily need an attorney to assist you in collecting your initial workers compensation benefits, you might prefer to hire an injury lawyer to guide you through the process and advise you how you can get the most money you deserve. The insurance companies typically have lawyers on their side, so really, why not seek out an experienced group of injury lawyers working on your behalf? When you are in pain, you deserve to get the maximum amount for your injuries. An injury lawyer can provide you with that guidance.

What all should be considered for calculating workers compensation?

To begin with, your medical records should be examined. These records will be needed in determining your eligibility for benefits.
These records will also be required when your disability claim is denied, so it is important to make sure that they are complete and accurate.
The records will include the details of your accident as well as details of your disability. For instance, if you are injured due to a car accident, the doctors will take pictures of your wounds and report these details to your injury lawyer.
Along with your medical records, you must also present evidence of your injuries throughout Pennsylvania. This evidence can consist of x-rays, copies of police reports, prescriptions, and so forth.
If you have a permanent disability as a result of your injuries, you must submit letters from doctors who attended your rehabilitation and can also provide copies of your medical bills.

Your injury lawyer will examine all this information to ensure that you received proper compensation for your injuries. If you are filing a standard disability claim, it is fairly easy to establish the date of your injury. However, if your injury is the basis for a workman’s compensation insurance claim, your claim must be filed within three years of the date of injury. In addition, the benefits awarded during this process are usually quite substantial.

Workers’ compensation insurance claims will cover all medical costs for you and your family for a particular period of time. In addition to being awarded compensation for lost wages, workers’ comp will also pay disability benefits for a specific body part. Each body part will be evaluated to determine its importance in terms of limiting your ability to function normally. Often, the most important parts of the body are those that are difficult to move, such as the spine or the legs. Thus, if you suffer a back injury that limits your ability to bend over and lift, your claim for workers’ compensation may be approved.

Attorney

5 Steps to Take After a DUI Charge

by Kai Alana Attorney on July 19, 2021

Being arrested for driving under the influence of alcohol or drugs can be a scary experience. It’s even worse if this is your first time.

Maybe you’re wondering, what steps to take first. Will you lose your driving license? And yes, whether you had a single drink or not, the results of a DUI arrest in Clear Lake can be the same. Therefore, taking appropriate steps after your arrest is vital to your protection and the outcome of your case.

Here are the important steps to take after a DUI arrest.

Take a Chemical Step After the Arrest

It is a requirement and punishable under the law if refused. The test seeks to show a variety of information including the current alcohol level in your blood.

From this level, the arresting officer can work back the level of alcohol in your blood at the time of the arrest. Remember, you have much to lose by refusing the test. Therefore, take the test.

Do Not Talk to The Police

If a police officer decides to arrest you for DUI, there’s nothing you can do to change their minds. Likewise, nothing you say can prevent the prosecutor from pursuing charges on you after the arrest.

Even if you have an alibi or any other evidence indicating your innocence, don’t engage the police. Once they arrest you, they’ll assume you’re lying or that the evidence you have is fabricated. The best way is to share this evidence with a lawyer who decides on the best way to use it to benefit your case.

Remember, it’s not advisable to talk to the lawyer without your attorney present. If they ask you to talk about your arrest, decline and ask to talk to your lawyer. That way, you’ll avoid sharing information that can be used against you in court.

Contact an Attorney

Yes, contact a reputable DUI attorney from Criminal Defence Connect to defend you against the allegations. And be careful not to engage a general attorney for this case. DUI cases are based on DUI laws that are complex and require an in-depth understanding of the legal system in very specific regard. Yes, other licensed attorneys can represent you in court, but only a competent and specialized DUI lawyer can increase the chances of getting a favorable outcome in your defense.

Record the Details of What Happened

As soon as you’re released from the police cell, record all the details you remember regarding your arrest. You can write it down or save it as a voice note on your phone or laptop. Be sure to write everything you remember from the arrest through to the time you leave police cells.

As you write this down, ask yourself, what did you say to the police? how was the encounter? If the officer pulled you over, what reason did they give for pulling you over? Did they ask you or order you to get out of your car? Did the police ask you to do field sobriety tests?

Identify Potential Witnesses

If you were arrested for a DUI, the chances are that you were either coming from a friend’s place, bar, or restaurant. You were hanging out with people before the arrest. Therefore, create a list of the people you were with before the arrest. These people may testify that you didn’t have much of anything to drink before you got behind the wheel.

Conclusion

A DUI case is different from most criminal cases. Therefore, if you want the best results for your case, then engage a lawyer who knows the ins and outs of DUI. That’s the only way to keep your license and avoid spending time in jail.

Law

Should I Sue After A Truck Accident?

by Kai Alana Law on July 12, 2021

If you have been in a truck accident and are thinking of getting legal help, then you should know your options. It is always a good idea to hire a truck accident lawyer, no matter how small or big your injuries are. Find out more here where you can find an expert lawyer who works with truck accident victims.

Common Reasons Truck Accidents Occur

The truth is that most truck accidents happen due to human error or negligence.

Speeding
Driving after taking alcohol or drugs
Driving when drowsy
Distracted driving
Violating traffic laws that are applicable in the particular area
Carrying unsecured load

Anyone or more of the above reasons may be responsible for your particular accident. Getting the deserved compensation is something that becomes possible only when an expert eye can review the scene and replay the accident.

A good truck accident specialist lawyer should be able to guide you best as to whether you should sue. Sometimes, insurance companies settle with accident victims. If that does not happen or the compensation is not enough, filing a lawsuit is the next step. The right legal help is necessary throughout the process so that you get what you deserve.

When The Trucking Company Is Liable

Most trucks and semis that are driven belong to trucking companies. In case you decide to use it, most probably you will be suing the trucking company. Such a company becomes liable in an accident through its actions or vicariously through the actions of the truck driver.

There are many state and federal laws that trucking companies have to follow so that the safety of others on the road is maintained. From background checks of drivers hired to the number of hours a driver can drive a truck, there are many things a trucking company has to maintain to stay above the law.

A good truck accident lawyer will be able to find out how the trucking company can be made liable in your case. In case the driver was at fault, the company can be held liable for his actions.

When The Truck Driver Is Liable

In other truck accident cases, the driver himself can be made liable. If your truck accident lawyer can prove that the driver was drunk or under the influence of drugs, then that becomes a personal liability.

It can also be the case that the driver was intentional in causing the accident.

Whatever it is, you will receive the maximum compensation if the trucking company itself can be proven liable. Your lawyer will be the best person to judge how to proceed in legal action. Who should be sued in your case is a matter that should be judged after proper studying of the pros and cons.

You Deserve the Highest Compensation

Being in a truck accident is something that will easily shake you up. But do the right thing and make that call to a quality personal injury or truck accident lawyer as soon as you can. This way you will get the compensation you deserve!

Attorney

Who are probate attorneys?

by Kai Alana Attorney on July 10, 2021

Probate attorneys, also known as estate lawyers, trust lawyers, probate lawyers, are licensed attorneys who help executives and beneficiaries in settling financial affairs of a family. Licensed probate lawyers are usually experienced in estate laws. As a result, their legal guidance will allow the executors and beneficiaries in settling various complex financial affairs after the death of the individual. It is not necessary to have a probate attorney or estate attorney to settle financial affairs. It can be done with the help of trust as well. If a trust is involved or was appointed in the family estate planning, then the financial assets and investments can easily be transferred to the next generation without the need or interference of a probate lawyer. There is no need for legal proceedings if a trust is involved in the family estate planning. It is also a good way to cut costs as probate attorneys charge a hefty amount for their services.

A probate lawyer looks over the following things.

The various roles of a probate lawyer –

A probate lawyer helps in securing estate assets. He also makes sure that no taxes are due. He helps prepare and file documents that will be required in probate court. He acts as a legal advisor for the beneficiaries and the administrator. He helps in transferring assets to the beneficiaries. They also help in settling debts and resolving income tax issues. They can also offer their services during family estate planning. They can provide their legal guidance during the whole process of drafting wills and trusts. Family estate planning helps secure the financial future of the deceased person’s loved ones. It provides a sense of financial safety and security.

Whether you need a probate lawyer or not will depend on how big your estate is. Usually, wealthy people with large assets and investments require a probate lawyer because the distribution of such large assets between family members is complex. If the estate is small, then it is probably best that you avoid hiring a probate lawyer because they charge ridiculous amounts of money and if you can afford that money then go for it.

Suppose a will was present, then the probate lawyer will be used for advising beneficiaries on legal matters. The will can be challenged by the beneficiaries but generally, the probate process goes smoothly when a will is present.

In case, a will does not exist or the person died before the drafting of a will, then the probate lawyer will have to distribute the assets according to the wills and estates law. In such a scenario, the state/probate court will interfere to represent the best interest of the family. These laws vary from state to state. There is also an option of renunciation. Renunciation allows any family member who wants to become an administrator the chance to convince their family members to renounce their shares. If they agree to renounce their shares, then that person will become the sole administrator.

Lawyer

Things To Know Before Filing A Suit Of Slip And Fall Accident

by Kai Alana Lawyer on June 29, 2021

Slip and fall accidents happen every day across the country. Approximately 8 million people visit the emergency room due to slip and fall-related accidents every year. Slip and falls aren’t cheap either. According to the Centers for Disease Control and Prevention, creating a slip and fall injury would cost somewhere between $33,000 to $48,000.

20-30% of these cases result in serious injuries. At least 5% of people involved in a slip and fall break their bones. The majority of slip and fall victims are the elderly, as they are more vulnerable to serious injuries when they slip.

A slip and fall accident can occur anywhere. It typically happens whenever there’s a trip hazard on either public or private property. Slippery floors, unmarked ledges, and loose cables can also cause slip and falls.

The majority of these accidents happened in large venues where a trip hazard may be overlooked. For example, a cable in Home Depot was not marked or secured properly, which can trip an unsuspecting customer walking around the area.

It is always the property owner’s responsibility to ensure that their customers and guests are safe while they are on their property.

Here are some things you must know before filing a slip and fall lawsuit:

Who is liable in a slip and fall case?

The liability usually depends on where the accident occurred. If the slip and fall occurred in a mall, then the mall owner will be liable for the case.

But, you need substantial evidence to prove that the accident occurred due to the owner’s negligence.

You might have heard of the term “premises liability,” and that is where slip and fall accidents usually fall under.

The concept of the property owner being liable for any injuries sustained in their property is called premises liability. The owner is responsible for maintaining a safe environment at all times.

What Kind of Evidence Should I Present in a Slip and Fall Lawsuit?

The evidence that you need may depend on the type of slip and fall that happened, but generally, here are pieces of evidence that you must gather:

Clothes and shoes at the time the accident occurred
Surveillance footage, if available
Pictures of your injuries
Medical documents
Pictures of the objects or conditions that triggered the slip and fall
Witness statements
Accident report

By gathering all the necessary evidence, can help your attorney create a strong case for you and win you the financial settlement you rightfully deserve.

The Steps When Filing a Slip and Fall Lawsuit

Although each slip and fall case is unique, these are the steps that slip and fall lawsuits generally follow:

Filing the lawsuit.

This is the first step in the process. The lawsuit must be filed in the proper court and served on the property owner.

The property owner answering the allegations.

After filing the lawsuit, the property owner will have the chance to answer the allegations filed against them and tell their version of events regarding the accident.

The discovery phase.

This is where both parties would engage in a formal information-gathering process. This process usually involves “affidavits” (sworn retain statements) and “depositions” (sworn testimony). This phase is usually done before the trial.

Trial

If a settlement has not been reached between either party, then the case will proceed to trial. The victim or the “plaintiff” will need to prove the property owner’s negligence by presenting all the evidence they’ve gathered. The jury will then ask two questions:

– Was the property owner negligent?

– How much should you recover in damages?

Your lawyer will usually help you in this step. Once a verdict is returned, both sides have the right to appeal the decision.

What is Comparative Negligence?

Comparative negligence is used to determine the percentage of fault on both the plaintiff’s and the defendant’s sides. Each state may follow different laws when it comes to comparative negligence.

For example, in California, they follow “Pure Comparative Negligence Law.” This means that the state court will allow the injured party to collect the compensation for the damages regardless of whether they’re 50% or 99% at fault. However, the court will reduce the award depending on the plaintiff’s percentage of fault. The higher your percentage of fault, the smaller the recovery amount you’ll receive.

While you are focusing on your recovery, you must also regularly meet your attorney and exchange information with them. Ensure that you are being honest in answering whatever questions they ask you, as this can affect your case. Your attorney will usually ask how many days you missed work if you’ve received medical care yet, and how many days you were hospitalized. They will also ask if you’ve sustained any long-term injuries from the accident that can affect your employment in the future.

Business owners and corporations may try to disprove your statement or claim to avoid compensating you. Your attorney will be a good ally if that happens. They can create a strong argument and present definitive proof that can dispute the other party’s statements.

Lawyer

10 Tips to Drive Safely While Visiting Orlando

by Kai Alana Lawyer on June 28, 2021

When it comes to visiting Orlando, Florida, you do not have to drive anywhere without taking into consideration the tips listed here. The state of Florida is considered as one of the safest states in America. However, there are certain things that you have to keep in mind to drive safely and avoid getting involved in any car accidents. Here are 10 tips to drive safely while visiting Orlando, Florida.

First of all, you should always obey the rules of the road. Always keep your eyes on the road, even if there is something that might be annoying like a deer or other small animal jumping out from behind you.

You can drive safely when you keep your eyes on the road. You should also try to avoid using cell phones, because they tend to make everything on the road blurry and can sometimes increase the chance of an accident.

Next, you should not only keep your eyes on the road, but you should also pay attention to other drivers. This does not only include road conditions. It also includes behaviors of other drivers.

When driving on the road, you have to be alert and aware of every truck and vehicle around you. You should also watch out for cars that show signs of having problems like skidding, tailgating and so on.

When you are on the road, you have to keep your speed moderate. Driving too fast can result in accidents and unsafe situations. As a matter of fact, the risk of traffic violations and accidents increase when the speed exceeds 55 mph.

You should also keep your car windows rolled down and not cracked open. Some drivers tend to forget this simple rule, which leads to a number of unexpected and untoward accidents.

When you are on the road, you should always keep your eyes on the road ahead. Your concentration should be on the road, rather than on the people or objects that you see along the way. You have to keep in mind that there are many things that could happen on the road ahead.

You should be able to recognize situations and take appropriate steps to prevent them from taking place. Your focus should also be on the road, not on people, pets and so on. If you have kids with you, they too need to keep their focus on the road and not on all the things that they can see around them.

You also need to be alert to anything that may go wrong along the way. This means that you should have an emergency kit with you.

In case of an accident, you should immediately jump on the road to give first aid and call for assistance.

By following the above tips to drive safely, you will be minimizing the risk of accidents while visiting Orlando.

Law

Should I Sue After A Slip And Fall?

by Kai Alana Law on June 27, 2021

The question “Should I Sue after a Slip and Fall?” should be answered with the waiver of consent. This document clearly spells out what is to happen if the other party fails to warn or protect you. For example, if the party had placed red carpets on the stairs and you tripped over them, you would have a claim for slip and fall injury.

This document should be signed by the person or organization responsible for the injury. You will also need to include copies of any police reports filed in the incident as well as any medical records that were obtained as a result of the injury. These documents may take some time to produce but are definitely worth the effort. If your lawsuit is successful you may receive compensation for medical bills, lost wages, pain and suffering (emotionally and physically), and more. The settlement will also pay for any cosmetic damages you may have suffered from the accident such as broken bones, scars, discoloration, etc.

If you have sustained an injury due to someone else’s negligence then the first thing you should do is consult with a personal injury attorney. They will be able to tell you if you have a case. If your case does proceed to court, you will have to hire your own slip and fall lawyer to defend you in court. Hiring a lawyer can be expensive but it is well worth it in the long run.

After you have consulted a lawyer, you will need to determine if there was negligence on the part of the other party. Was there a warning sign that should have never have been left up? Was there a warning sign that should have warned you to not step on the carpet? Did they follow this warning? If so, then you might not have a case. On the other hand, if you have suffered injuries because of their negligence, then you have a case.

What is the next step after a suit has been filed and the damages have been awarded? The damages that are awarded to you will need to be paid for medical bills, physical therapy, pain and suffering, and any other expenses incurred as a result of your injury. Many times insurance companies will cover some or all of these expenses. Check with your insurance company to see what benefits they may provide for a plaintiff whose only fault was negligence.

Law

Understanding the Citalopram Class Action Lawsuit Information

by Kai Alana Law on June 26, 2021

Citalopram is an antidepressant prescribed medicine that is also a part of a certain serotonin reuptake inhibitor medication class. So far, Citalopram has been in the news because of its some serious side effects that have resulted in the death of many people. Usually, such a lawsuit is filed on the manufacturer when they don’t focus on the overall health of the person but simply on earning profits.

Due to this sometimes when the manufacturer doesn’t warn the patients or their relatives about the harmful effects just to balance out the sale it is then when the lawsuit is filed against it. Talking about the Citalopram Class Action Lawsuit, it is important to understand more about it so that in future such an option will not be consumed.

Know more about citalopram:

Citalopram which is also popular by the name of Celexa is one of the prominent options that consist of Serotonin. It helps in reducing many serious health issues. Serotonin comes with the action to deal with the chemical messenger that sends out the signal between the nerve cells that can be found in the brain. It is the SSRIs that work to improve the serotonin activity in the mood centre of the brain.

In the year 1998, this medicine was approved and sold in the market with the aim to offer some protection against depressive disorder among adults. Even if it wasn’t approved for the purpose, when it came to off label, this was the primary one to treat certain illnesses.

Talking of the conditions, anxiety, suicide risk, obsessive-compulsive disorder and even diabetic neuropathy to name some are the illness for which this was an efficient treatment. It however came with some side effects that included a high risk of suicide, and even cardiac effects. Sometimes, people even complained of birth defects while some had fatal concerns.

All about different lawsuits:

Talking about the Citalopram Class Action Lawsuit that was filed, well, it wasn’t just one but many. Such lawsuits are filed by the patients or their loved ones against the manufacturer. Forest laboratory along with the Parent company Allergan was the manufacturer who was responsible for all the side effects that had happened. They were accused of creating medicines that caused medicinal injuries, and even birth defects.

The lawsuit also further stated that the manufacturer did not warn about the dangers associated with the medicine. The women who had consumed such medicine in the pregnancy or the one who had an infant were born with some defects. This should have been told before the medicine was advised to be consumed.

With so many lawsuits that have been filed, the cases are still in the state or federal court that is being fought. So far 32 lawsuits along with the birth defect cases and class action one are settled and resolved with the help of dismissal.

Citalopram Legal Difficulties

Citalopram was only approved for adults who had some serious mental issues like depression and anxiety. The manufacturer is never likely to promote such medicine for any other purpose. However, still, it turned out to be the accused of omitting such medicine for the children’s use as well. Even if the company completely denied the wrong marketing which was accused in the year 2010 but still the company had to bear the loss of $313 million to do the settlement with the justice department charges. Besides, the company even pled guilty against the obstruction of justice charges for different employees who were detected lying to the FDA officers at the Forest Department.

In the year 2014, there has been a Dutch study that showed the medicine was never effective as compared to the placebo amongst the kids. The manufacturer thus agreed to pay $4.7 million as the settlement for the class action suit. This even included the use of medicine amongst the children. Parents even stated that the company had misguided them about the medication effectiveness. Due to such mislead the company further had to bear the losses of $10.4 million as settlement refunds.

The medicine approval

When this medicine came on the market it was just approved for mental issues. However, even after its release in the year 1998, it never got any warning until 2004. That was the time when FDA needed all the SSRI antidepressants to issue the warning called black box which is basically associated with suicide risk. This warning further states that medicine can increase the chances of suicidal thoughts or change in behaviour. It is one notable thing since the medication starts showing reaction after the first dosage itself.

Celexa Side Effects

Just the way there have been other medicines with some serious side effects, even Cleexa had come up with some side effects to not ignore. Some of these effects could range from mild and even have subsided after quite a span of time.

There had even been some serious side effects that resulted in life-threatening issues and permanent injury. Talking of some notable issues, it included Increased suicide risk, Heart Effects and Serotonin syndrome. Serotonin syndrome is one dangerous adverse reaction that is caused due to such medicine when there is an increase in Serotonin in the brain.

Conclusion

When Celexa is first started or a dosage change occurs, the medication may cause an increase in suicidal thoughts or behaviours. Other than this Physical birth defects, Omphalocele, Persistent Pulmonary Hypertension, Physical Defects, Craniosynostosis were also some notable issues.

As per the product law, it has now been decided that the sellers and manufacturers will now have to make sure that their medicines are safe for the patients. If they are found dangerous at an undesirable level or any further product defects are noted then the company would be sued and will not be operational any longer. This is one of those medicine that has been one effective yet defective solution for dealing with illness.

Lawyer

5 Things to Do After a Car Accident

by Kai Alana Lawyer on June 26, 2021

What are the things to do after a car collision. Read on to find out what should be done and what should not be done after an accident.

One of the most important things to do is to take as much time as you need with your friends and family. The reality of the situation is that we will be bruised and have deep injuries to our backs, necks and bones. The last thing anyone wants is to look worse than when they leave the hospital.

It’s always wise to take someone with you who is an experienced driver. This will make it a lot easier to navigate the roads after your car has crashed. If you don’t have someone with you then simply follow the directions the injured person is giving you and do not drive.

Don’t try to drive yourself home – It is understandable that you might be in a daze following a car accident. You might think it is better to stay in the vehicle and call for an ambulance, but unless you are completely OK with the idea of spending the next few days in the hospital you should absolutely not drive yourself home. There is too much risk of being injured further or having an accident while driving home.

The most important thing to remember is to be concerned about your own safety. If you are injured and cannot drive yourself home, you should go find a friend who can help you get in the car and safely back on the road.

After the accident talk to an injury attorney – Most importantly, after an accident talk to an injury attorney. If you don’t have one you should definitely speak to one. An attorney who specializes in helping people who were injured in accidents like yours will be able to better explain the legal process you’re entitled too.

No matter what things to do after a car accident you should not rush into getting your car fixed. If you take the time to take care of the first few things to do then you will be able to make an informed decision about whether or not you want to drive again.

Also, if you have any way to reduce the severity of your car accident, it might be in your best interest to do so.