3 Ways to Prepare for Winter Driving

Those of us lucky enough to live in places without nasty winter weather know well enough not to gloat about that fact. But beyond avoiding sleet, snow, and icy slush everywhere, the best part about avoiding the worst of winter weather is avoiding the worst of winter drivers.

Don't be that worst winter driver. Make sure your vehicle is packed with safety necessities before you leave the house and use some good winter driving habits to avoid accidents this holiday season.

Hope for the Best

Part of being a safe winter driver is practicing some good winter driving habits. Travelling at or below the speed limit and pumping the brakes to avoid locking them up can help keep your car under control. And scraping front and rear lights (not just your windshield) can help keep your car visible. You should also replace and worn tires or wiper blades before heading out on the road.

The other part of being safe on winter roads is avoiding bad winter driving habits. Obviously speeding or driving under the influence can get you into trouble. But following cars too closely can lead to accidents. Driving without chains or snow tires when they're warranted will lead to fender benders as well. And be extra careful around road construction and snow removal crews.

Prepare for the Worst

Make sure you have the proper safety supplies packed in your car for winter driving. Check your spare tire to make sure it's functional, should you need it, and an extra set of jumper cables can't hurt.

Snow chains are a must for driving in mountainous terrain. An extra ice scraper, phone charger, and head lamp can also come in handy. You may want to have a winter kit with blankets, food provisions, and flares in case you get stranded.

3. Know Who to Call

If you get caught in some bad winter weather and get into an accident, you may want to contact an experienced personal injury attorney.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Winter Chain-Reaction Crashes: 5 Legal Considerations (FindLaw's Injured)
• Winter Car Crashes: Can You Blame the Weather? (FindLaw's Injured)
• Ice Storm Car Accidents: Prepare for the Worst (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2015/11/3-ways-to-prepare-for-winter-driving.html

Are Drug Companies Liable for Side Effects?

Can I Counterclaim in an Injury Case?

via Tumblr hobbsr04.tumblr.com/post/133101597572 You can counterclaim in a negligence case. If someone sues you for injury and you believe that the plaintiff’s negligence caused or contributed to the injury, you can sue, too. Counterclaims are common in car accident cases and, often, it is the insurance company that decides whether to sue on behalf of the defendant. In other injury cases, your defense attorney can help you decide whether a counterclaim is reasonable. What Is a Counterclaim? A counterclaim is filed by a defendant to a lawsuit. It is a claim related to the subject of the original suit and aimed at the plaintiff. Counterclaims become part of the original suit and do not constitute a separate case. Contributory Negligence A common counterclaim or defense to a negligence suit is that the plaintiff caused or contributed to the injury by being negligent too. People are considered contributorily negligent when they fail to act to protect themselves as a reasonable person would under same or similar circumstances. If a defendant can show that the plaintiff contributed to the injury with negligence, then the plaintiff may be barred from recovering any damages at all or damages may be reduced to reflect their contribution to the injury. Contributory negligence was traditionally a bar to plaintiffs recovering in a personal injury suit. Today, however, courts are more likely to analyze using one of two frameworks that fall under the umbrella of “comparative negligence.” As such, winning your contributory negligence claim is not a guarantee that you won’t have any damages to pay. But there is still a chance of that. 2 Approaches to Comparative Negligence The pure comparative negligence approach to injury cases is relatively straightforward. A plaintiff may recover a percentage of the total damages, reduced to reflect the relative contribution to injury. You, as the defendant, will have to pay out damages equivalent to the “percent” of total injury that you caused. Most states take a modified comparative negligence approach. In these jurisdictions a plaintiff will not recover if their own contribution to the injury constitutes half or more. So, if a plaintiff and defendant are both equally responsible, a defendant will owe nothing in damages to the plaintiff. Similarly, a defendant who is less than half responsible will owe nothing. But if the defendant contributed even only slightly more than half to the injury, the defendant will be liable for that percentage. Talk to an Attorney Defending personal injury cases is difficult. Adding a counterclaim, while wise, certainly contributes to the complexity of a case. If you have been sued, you only have a limited time in which to respond to the complaint and counterclaim. Talk to a lawyer today. Related Resources: Browse Injury Lawyers by Location (FindLaw Directory) Personal Injury Law: The Basics (FindLaw) Elements of a Negligence Case (FindLaw) from Injured blogs.findlaw.com/injured/2015/11/can-i-counterclaim-in-a... via Blogger hobbsr04.blogspot.com/2015/11/can-i-counterclaim-in-injur...

via Flickr http://www.flickr.com/photos/87814799@N02/22974604965

Can I Counterclaim in an Injury Case?

You can counterclaim in a negligence case. If someone sues you for injury and you believe that the plaintiff's negligence caused or contributed to the injury, you can sue, too.

Counterclaims are common in car accident cases and, often, it is the insurance company that decides whether to sue on behalf of the defendant. In other injury cases, your defense attorney can help you decide whether a counterclaim is reasonable.

What Is a Counterclaim?

A counterclaim is filed by a defendant to a lawsuit. It is a claim related to the subject of the original suit and aimed at the plaintiff. Counterclaims become part of the original suit and do not constitute a separate case.

Contributory Negligence

A common counterclaim or defense to a negligence suit is that the plaintiff caused or contributed to the injury by being negligent too. People are considered contributorily negligent when they fail to act to protect themselves as a reasonable person would under same or similar circumstances.

If a defendant can show that the plaintiff contributed to the injury with negligence, then the plaintiff may be barred from recovering any damages at all or damages may be reduced to reflect their contribution to the injury.

Contributory negligence was traditionally a bar to plaintiffs recovering in a personal injury suit. Today, however, courts are more likely to analyze using one of two frameworks that fall under the umbrella of "comparative negligence." As such, winning your contributory negligence claim is not a guarantee that you won't have any damages to pay. But there is still a chance of that.

2 Approaches to Comparative Negligence

The pure comparative negligence approach to injury cases is relatively straightforward. A plaintiff may recover a percentage of the total damages, reduced to reflect the relative contribution to injury. You, as the defendant, will have to pay out damages equivalent to the "percent" of total injury that you caused.

Most states take a modified comparative negligence approach. In these jurisdictions a plaintiff will not recover if their own contribution to the injury constitutes half or more. So, if a plaintiff and defendant are both equally responsible, a defendant will owe nothing in damages to the plaintiff. Similarly, a defendant who is less than half responsible will owe nothing. But if the defendant contributed even only slightly more than half to the injury, the defendant will be liable for that percentage.

Talk to an Attorney

Defending personal injury cases is difficult. Adding a counterclaim, while wise, certainly contributes to the complexity of a case. If you have been sued, you only have a limited time in which to respond to the complaint and counterclaim. Talk to a lawyer today.

Related Resources:

• Browse Injury Lawyers by Location (FindLaw Directory)
• Personal Injury Law: The Basics (FindLaw)
• Elements of a Negligence Case (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/11/can-i-counterclaim-in-an-injury-case.html

'Mighty' Offers Crowdfunding for Personal Injury Lawsuits

via Tumblr hobbsr04.tumblr.com/post/133036584642 Mighty is a new financing startup that lets people invest in personal injury lawsuits. The idea is that plaintiffs won’t be forced to settle fast because they need cash and that investors will profit from damages awards for which plaintiffs held out. But is this a service that is really needed? The company’s website says, “Mighty’s mission to empower plaintiffs to get a better deal from the justice system.” Mighty balances the power dynamic between litigants, allowing plaintiffs to go to trial when they might otherwise have to settle, according to Tech Crunch. However, there are some disturbing aspects to this startup, and it is not entirely clear that the model used for arts and entertainment applies to the law. Constraints on Counsel Attorneys are not allowed to promise particular outcomes by law. Your lawyer can only try to win your case, but can never guarantee anything about a claim. This rule impacts the way attorney and clients are allowed to interact and it also impacts Mighty. The service lends plaintiffs money for their cases, up to 10 percent of the value of their settlement’s estimated value. But if a case is lost completely, clients or investees, owe nothing. Possibly as a result of this, the rate of return on loans made on Mighty is 20 to 30 percent annually, which is much higher than a traditional loan or credit card. Investors decide which cases they want to put money into and they attract cases with their interest rates. But is this an ethical approach to lending and the law? Is This Ethical? According to Tech Crunch, “While investments with APRs of around 30 percent may initially seem predatory, the fact is that this financing results in higher, fairer payouts for plaintiffs, with practically no risk of going into debt or bankruptcy.” The company and some media outlets covering it claim that Mighty levels the playing field of the law. How super high interest rates for injured plaintiffs levels the playing field is mighty mysterious to this counselor, however. Many personal injury lawyers work on contingency, basically investing in their clients’ cases and making their causes their own. Is Mighty suggesting that plaintiffs make their own decisions about settlement based only on money and not a professional assessment from their personal injury lawyer? Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Sample Retainer and Contingency Agreement for an Injury Case (FindLaw) Reasons to Hire an Experienced Personal Injury Attorney (FindLaw) Questions and Answers About Your Personal Injury Case (FindLaw) from Injured blogs.findlaw.com/injured/2015/11/mighty-offers-crowdfund... via Blogger hobbsr04.blogspot.com/2015/11/mighty-offers-crowdfunding-...

via Flickr http://www.flickr.com/photos/87814799@N02/22955587215

Death at Airbnb: Who's Liable?

via Tumblr hobbsr04.tumblr.com/post/133036584367 Airbnb may be disrupting the hotel/short-term rental market, but it’s also disrupting a few ideas about injury liability. And after Zak Stone’s story about his dad being fatally injured at an Airbnb rental, it’s only natural to wonder who’s responsible if someone is injured or killed in an Airbnb. The law is pretty clear when it comes to premises liability and the duty owed by property owners to visitors on the property. But are those waters muddied by Airbnb’s involvement as a rental company? Rental Responsibility As a general rule, property owners are liable for accidents and injuries that occur on their property. This includes hotel owners and social hosts, who owe a duty to their guests to take reasonable steps to assure the safety of the premises. Airbnb hosts fall somewhere in between, and can be held responsible for failing to tell their guests about, or failing to correct, any dangerous conditions that guests are unlikely to recognize. Normally, this is where homeowner’s insurance kicks in, as it did in the case of Zak Stone’s father. In fact, Airbnb recommends “[a]dding an extra layer of protection with your own renter’s or homeowner’s insurance” as one of its safety tips to hosts. What it fails to mention is that this is necessary because most homeowner’s insurance policies don’t cover commercial activities like renting out your home. So if you’re using Airbnb, as a host or renter, you may want to make sure there is an insurance policy in place that will cover injuries to renters. Sublet Safety Airbnb provides a responsible hosting guide for people posting their properties on the site. The guide includes a list of ways to minimize hazards on your property: Privacy: Always be mindful of your guests’ privacy. Fully disclose whether there are security cameras or other surveillance equipment at or around your listing. Make sure you are aware of and comply with applicable federal, state, and local laws. Occupancy: Establish safe occupancy limits — your local government may have guidelines. Access: Go through your home to identify any areas where guests might trip or fall and either remove the hazard or mark clearly. Fix any exposed wires. Ensure stairs are safe and have railings. Remove or lock up any objects that may be dangerous to your guests. Child-Proofing: Ensure your home is safe for children, or else notify guests of potential hazards. Climate: Ensure your home is properly ventilated and that temperature control is clearly marked and functional. Ensure guests are clear about how to safely use the heater. If someone has been injured on your property while renting it as an Airbnb, or if you’ve been injured in an Airbnb, you may want to talk to an experienced injury attorney near you. Related Resources: Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Injured on Someone Else’s Property: Can You Sue? (FindLaw’s Injured) Top 5 Airbnb Home-Rental Horror Stories (FindLaw’s Law and Daily Life) How Landlord Insurance Protects Rental Properties (FindLaw’s Law and Daily Life) from Injured blogs.findlaw.com/injured/2015/11/death-at-airbnb-whos-li... via Blogger hobbsr04.blogspot.com/2015/11/death-at-airbnb-whos-liable...

via Flickr http://www.flickr.com/photos/87814799@N02/22955586825

'Mighty' Offers Crowdfunding for Personal Injury Lawsuits

Mighty is a new financing startup that lets people invest in personal injury lawsuits. The idea is that plaintiffs won’t be forced to settle fast because they need cash and that investors will profit from damages awards for which plaintiffs held out. But is this a service that is really needed?

The company’s website says, “Mighty’s mission to empower plaintiffs to get a better deal from the justice system.” Mighty balances the power dynamic between litigants, allowing plaintiffs to go to trial when they might otherwise have to settle, according to Tech Crunch. However, there are some disturbing aspects to this startup, and it is not entirely clear that the model used for arts and entertainment applies to the law.

Constraints on Counsel

Attorneys are not allowed to promise particular outcomes by law. Your lawyer can only try to win your case, but can never guarantee anything about a claim. This rule impacts the way attorney and clients are allowed to interact and it also impacts Mighty.

The service lends plaintiffs money for their cases, up to 10 percent of the value of their settlement’s estimated value. But if a case is lost completely, clients or investees, owe nothing. Possibly as a result of this, the rate of return on loans made on Mighty is 20 to 30 percent annually, which is much higher than a traditional loan or credit card.

Investors decide which cases they want to put money into and they attract cases with their interest rates. But is this an ethical approach to lending and the law?

Is This Ethical?

According to Tech Crunch, “While investments with APRs of around 30 percent may initially seem predatory, the fact is that this financing results in higher, fairer payouts for plaintiffs, with practically no risk of going into debt or bankruptcy.”

The company and some media outlets covering it claim that Mighty levels the playing field of the law. How super high interest rates for injured plaintiffs levels the playing field is mighty mysterious to this counselor, however.

Many personal injury lawyers work on contingency, basically investing in their clients’ cases and making their causes their own. Is Mighty suggesting that plaintiffs make their own decisions about settlement based only on money and not a professional assessment from their personal injury lawyer?

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Sample Retainer and Contingency Agreement for an Injury Case (FindLaw)
• Reasons to Hire an Experienced Personal Injury Attorney (FindLaw)
• Questions and Answers About Your Personal Injury Case (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/11/mighty-offers-crowdfunding-for-personal-injury-lawsuits.html