1610492

Do Witness Statements Matter in Personal Injury Cases?

Wed, 01 Sep 2021 20:55:00 GMT

Gathering strong evidence is essential for all personal injury cases. Insurance adjusters will aggressively challenge all accounts you provide, whether or not their driver was at-fault for the accident.

As such, your lawyer should have enough to build a compelling case and get you fair compensation. Statements from witnesses can help you win the case, so finding as many as needed for success. Joe Owen and his team at the Owen Law Firm will guide you through the following importance of witnesses.

What Is a Witness Statement?

A witness statement is an account of the incident provided by a witness at the accident scene. It is one of the top pieces of evidence you can use to prove your case. Most trials have two types; an eyewitness (lay witness) and an expert witness.

Eyewitnesses are individuals who were present at the scene of the accident. They shouldn't be connected to the accident, although statements from those involved in an accident are just as vital. On the other hand, an expert witness is a certified professional with expertise in the subject, such as a doctor who can testify to your injuries.

Statements from both witnesses are essential for piecing together who was at fault and reconstructing the accident scene. Your lawyer can help you find credible eyewitnesses and hired professionals.

Why Are Witness Statements Necessary?

Eyewitness statements play a crucial role in determining who was at fault in the accident. The best witnesses are those with no connection to the accident or anyone involved. Their statements can provide unbiased and independent accounts of what happened.

Nonetheless, eyewitnesses are humans are susceptible to making mistakes or having a bad memory. Also, two witnesses may have opposing accounts, casting doubt on the credibility of their statements. Still, the court will accept and review what's presented by your lawyer.

Expert witness statements come from highly experienced professionals seen as credible sources of information in court. Some juries may take expert witness statements as the ruling standard or school of thought in a specific industry.

Benefits of Witness Statements

Here are three benefits of witness statements and why they are essential for your personal injury compensation claim.

1. Provide Evidence

A strong roster of expert and lay witnesses may provide sufficient evidence to tip the case in your favor. Your attorney will help you gather statements from the right witness to defend you from being held liable or prove the opposing party’s negligence.

2. Allow Clear Testimonial

Personal injury cases can take several weeks, especially if they go to trial. During this time, witnesses may forget some parts. Fortunately, the court can use previous written statements to remind witnesses who have a hard time recollecting the event.

3. Proving Testimony Inconsistency

The opposing driver will come to court ready with their lawyer and witness. If an eyewitness chooses to testify against you, your attorney will have a copy of their statement. Later in the trial, if the witness has a different story, you can use the previous account to prove inconsistency.

Are Witness Statements Sufficient?

A witness statement is one of many pieces of evidence a plaintiff can present to the court to support your personal injury case. Other types of evidence include surveillance camera recordings, police reports, medical reports, bill receipts, and photographs.

When building your case, your lawyer will collect as much evidence as necessary. As such, having different types of evidence can help prove your innocence to the court, precisely what you need for a successful personal injury compensation claim.

Evidence is vital in any personal injury case. As such, you should find a lawyer as soon as possible to start gathering information. The attorney will also reach out to professional expert witnesses who can help your case.

Don't let a weak case prevent you from getting fair compensation. Joe Owen and his team at the Owen Law Firm know what it takes to win big. Contact Owen Law Firm today to schedule a free consultation.

Information to Gather at an Auto Accident Scene

Wed, 01 Sep 2021 20:53:00 GMT

The first thing after an auto accident is to ensure everyone's safety. After that, you should gather relevant information that might help your auto accident claim. Below are some of the information you should gather.

Driver Information

Get the relevant details of the other driver. Relevant details are those that can help to identify and contact the driver. For example, you should get the driver's:

Name
Phone number
Car insurance company
License number

The accident can easily turn into a hit-and-run one if you don't get the information and the driver disappears. Also, write down any remarks the driver might make immediately after the crash, especially remarks that might help prove the cause of the accident. For example, a driver who claims not to have seen your car was probably driving while distracted.

Potential Witnesses

Anyone at an accident scene is a potential witness. Examples include:

Pedestrians
Other motorists
Motorcyclists
Cyclists
Workers at nearby businesses
Clients or customers of nearby businesses

Get the names and contacts of such people. Don't bother confirming whether they have relevant information at this point. You or your lawyer will follow up to confirm which of them have credible testimony.

Law Enforcement Officers

Don't leave the accident scene before the police arrive unless you have injuries that require emergency medical care. Call the police if you can. The police will take a brief statement from you and others at the accident scene once they arrive. They will use the information to generate a police report on the accident.

Ensure you get the names and badge numbers of the police officers who respond to the accident. That way, you will be able to follow up and get a copy of the police report.

Date, Time, and Location

You should also write the date, time, and location of the crash. You may need the information to:

Prove the accident's occurrence
Corroborate other peoples, such as witnesses' account of the accident
Determine the cause of the accident

For example, poor visibility might be a factor in an evening accident on a winding section of the road. Motorists should slow down and allow an ample following distance under such conditions. A driver who fails to do that can cause an accident.

Cars Involved

Get relevant information about all the cars involved in the crash. Relevant information includes:

Make and model
Location after the accident
Damage locations

For example, you should note if the other car suffers damage on its bumper and ends up resting on its side. Accident reconstruction experts and investigators may use the information to determine the accident's cause, extent, and possible injuries, among other things.

Injuries

You might not know all the injuries arising out of an accident immediately. However, some of the injuries may be visible. Note these visible injuries for proof later. For example, a gash on the forehead, pain on the wrist, or a bloody shirt can prove your injuries. You can also take pictures of these visible injuries for documentary proof.

Damages

Lastly, don't leave out any damages the accident might cause. Your notes should include:

Damages to the cars
Damages to personal properties you might have had in the car, such as laptop or bags
Damages to nearby properties, such as guardrails or buildings

Again, you taking pictures of the damage is a good way to record them. You can use the information to prove the accident and your damages' value.

Gather as much information as possible, but don't fret if you don't get everything you need. The shock and confusion of the accident might hinder your efforts. Contact Owen Law Firm with the information you have.

4 Common Types of Car Accidents

Tue, 22 Jun 2021 17:42:00 GMT

With so many more drivers on the road, you also have many accidents. Thanks to high speeds and heavy vehicles, car accidents can range from mild to deadly. If you would like to know more about car accidents, check out these four common types of car accidents.

1. Rear-End Collision

In many cases, a rear-end collision is the fault of the rear driver. Courts and insurance agencies will argue they followed too closely, and had they not, the accident could have been avoided. However, the front driver can be held responsible in some instances. These include distracted driving, drunk driving, pulling out in front of the other car suddenly, or trying to get hit on purpose.

Given the nature of rear-end collisions, they can cause severe damage to the front and back of cars, but they can lead to injury too. One common injury after a rear-end collision is whiplash. This soft tissue damage occurs when the neck hyperextends after a collision. It can lead to stiffness and limited mobility.

2. T-Bone

A T-bone accident happens when another car directly collides with the side of your car. These types of accidents can be devastating because of where the cars hit each other. For example, if you are hit on the driver's side, your only protection is often a door.

The door could easily bend, and the window could crack, resulting in serious injuries or death. On the other hand, if the car hit the passenger side, and you were alone, the injuries will be less severe.

Determining who is at fault for a T-bone accident can be complicated. You will need to show the courts what happened at the time of the accident to prove you were not at fault. This means collecting witness statements, gathering evidence, or taking photos.

3. Sideswipe

Like a T-bone accident, a sideswipe involves the sides of cars. The sides of both cars collide with each other, resulting in damages and possible injury. Sideswipes are usually less severe than other types of car accidents, but they can lead to devastating consequences if you do not react fast enough or you react too extreme.

Sideswipes are often the result of blind spots in vehicles. Someone who tries to switch lanes may not notice your car in their blind spot and sideswipe you. Distracted drivers, drunk drivers, or sleepy drivers may drift into other lanes, which could lead to a sideswipe.

4. Head-On Collision

Head-on collisions are not as common as sideswipes or rear-end collisions. That is good because they can have some of the deadliest consequences. According to a 2017 report by the Institute for Highway Safety, the fatality rate for people involved in head-on collision was 58 percent.

For the most part, head-on collisions are from when someone is in the wrong lane. The other driver may not realize they are in the wrong lane, or they may be distracted or drunk. Proving fault in a head-on collision can be easy if you have witnesses to testify who drove on the wrong side of the road or if the police quickly get to the scene. My firm will take depositions of all involved to prove fault. When necessary, we work with accident reconstruction experts to prove your case.

In many cases, car accidents only lead to minor damages and injuries. However, collisions can lead to long-term damages and wrongful death. If you have been involved in an accident that was not your fault, you may wonder what you should do next. Before you accept any call from the insurance carrier or give your statement to them, make sure to contact Joe Owen at the Owen Law Firm so that we can fight on your behalf. Call today.

Tips for Dealing With an NDA in Injury Settlements

Fri, 05 Feb 2021 18:05:00 GMT

The issue of a nondisclosure agreement (NDA) may crop up during your accident negotiations, especially towards the end. An NDA forbids both parties from disclosing confidential information about the settlement. An NDA might be good or bad, depending on your circumstances. These tips should help you if the NDA issue crops up.

Understand the Pros and Cons

The first tip is to understand the pros and cons of signing an NDA, especially to you. Below are some of the common advantages:

An NDA allows you to keep your settlement private from those who would otherwise bother you.
An NDA may net you get additional money.
An NDA may help you avoid trial publicity.

As for the cons, an NDA might have the following

Keep harmful practices away from the public eye, and others might suffer similar injuries.
Get you into trouble if you violate an NDA, even accidentally.

Consider a case where a manufacturing plant has polluted local underground water, and you have suffered adverse health consequences as a result. An NDA might keep the pollution private, and others might suffer similar health consequences.

Whether or not an NDA is good depends on the prevailing circumstances. Discuss the potential benefits and disadvantages with your attorney to help you make an informed decision.

Negotiate

If you decide to sign an NDA, understand that most of its clauses are negotiable. Let your lawyer help you negotiate the best NDA possible for your case. Discover the major things to focus on during the negotiations.

Additional Settlement

You may negotiate some additional money, especially if the NDA request comes from the defendant. Some defendants offer additional settlements to entice injury victims into signing NDAs. The strength of the defendant's motivation and negotiation skills will determine how much additional money you can get.

Penalties

An NDA attracts different penalties. For example, the agreement might require you to return your settlement money if you violate the NDA. The penalties are usually negotiable. Negotiate with the defendant for an agreeable penalty.

Say the defendant requires a full refund of the settlement money in case of a violation. Ideally, negotiate for a partial refund for your protection. At worst, any monetary penalty shouldn't eclipse the settlement money.

Exceptions or Exclusions

You should also negotiate what the NDA covers or doesn't cover. For example, the NDA:

Should allow you to discuss the settlement's details with close family members, such as your children
Should not cover every detail of your injury case, but only the critical or essential details
Should not cover publicly available information

Try to get an opt-in provision as opposed to an opt-out provision. An opt-in provision lists confidential information and assumes that any other information is not confidential. An opt-out provision specifies the non-confidential information and assumes that all other information is confidential.

Understand the Tax Implication

You should understand that the additional money you can get for signing an NDA might be taxable. Ordinarily, personal injury compensation is nontaxable. However, the government doesn't consider the additional settlement as compensation, so you may owe tax on it.

Read Before Signing

Lastly, never sign any legal contract without scrutinizing all its clauses, terms, and conditions. Read the entire NDA document even after you have negotiated and agreed on all the details. You must confirm that the document matches your agreement to the letter. Once you sign the document, it carries weight over any other verbal agreement you might have made.

Joe Owen has specialized injury law for over 20 years and is known throughout the New York State for his skills. The Owen Law Firm will review your case, including any proposed NDA, to help you get your damages and preserve your legal rights. Contact us for a free initial consultation to discuss your case.

Understanding New York's No-Fault Insurance System

Thu, 07 Jan 2021 00:00:00 GMT

If you sustained a serious injury in a car accident in New York, you need to know about New York's no-fault insurance system. This system affects how, when, and with whom you need to file an insurance claim to receive compensation for the injuries you received. Below, learn the most important things you should know about the no-fault system.

The No-Fault System Requires You to Submit a Claim With Your Own Insurance Company

Most states are either no-fault or at-fault insurance states for car accidents.

In no-fault insurance states, you turn to the insurance company of the car you were in to cover the damages you sustained in an auto accident, regardless of who was at fault for the accident. If you were a pedestrian or on a bicycle, you submit your claim with the insurance company of the car that hit you.

In at-fault insurance states, the at-fault party is responsible for the damages they caused through their negligence, so you submit a claim with the at-fault party's insurance company to pursue compensation.

New York is a no-fault insurance state. The insurance law requires you to turn first to your own auto insurance to cover your damages. In a no-fault state like New York, if your claim meets a certain threshold, you can pursue compensation from the at-fault party.

The Types of Damages You Can Claim Are Limited

The types of damages that you can claim against your own no-fault insurance company are often limited to $50,000 unless you have purchased additional insurance. These basic damages may include:

Medical expenses: You can receive compensation for hospital bills, ambulance costs, surgery expenses, prescription drugs, psychiatric care, physical therapy, occupational therapy, and rehabilitation expenses reasonably necessary to treat injuries you sustained in the accident.
Lost wages: You can also recover compensation for the wages you lost because you were injured, up to $2,000 per month and up to three years following your accident.
Other expenses: New York's insurance law also allows you to receive compensation for other reasonable and necessary expenses you incur because of the accident, up to $25 per day for up to one year from the date of the accident.

Notably, you are not entitled to receive any compensation for pain and suffering or other non-economic losses you incur because of the accident from your no-fault insurance carrier.

You Have a Limited Amount of Time to Make a Claim

If you need to make a no-fault claim with your own insurance company, you have a very limited amount of time to act. You have up to 30 days following the accident to make your claim. If you pass this deadline, your claim can be denied for failing to promptly notify.

You May Still Be Able to File a Claim Against the At-Fault Injury

New York's Insurance Law allows you to file a claim against the at-fault injury if you sustain a serious injury as defined by New York law. The law is very specific about what is considered a serious injury.

An experienced Montgomery, New York, personal injury attorney can analyze your claim and determine if it is eligible for a third-party claim.

The No-Fault Rule Does Not Apply to Motorcycle Accidents

If you were a driver or passenger of a motorcycle, the no-fault rule does not apply to your claim, and you can make a third-party claim against the at-fault party for your basic damages as well as your pain and suffering.

An Experienced New York Personal Injury Attorney Can Help

If you were injured in a car accident, an auto accident attorney such as Joe Owen of the Owen Law Firm conveniently located near Montgomery, New York ,can help. We have a proven track record of obtaining the maximum recoveries for our clients. Our experienced personal injury lawyers can explain New York's no-fault insurance law in more detail and ensure that you understand your rights and legal options. Contact us for a free case review to learn more.

What Personal Injury Victims Need to Know About Pre-Existing Conditions

Wed, 06 Jan 2021 18:28:00 GMT

When you're injured in an accident, you're entitled to fair compensation for your injuries — even if you had a pre-existing medical condition before you were involved in the accident that injured you.

Insurance companies try to pay out as little as possible to accident victims and may argue that a person's injuries weren't caused by the accident but rather by a pre-existing condition. How you handle your case with a pre-existing condition can have a profound impact on the compensation you receive.

Disclosure of Pre-Existing Conditions

When you're injured in an accident you may think the best thing to do is not mention any pre-existing medical conditions you have in hopes that the insurance company won't know about them and you'll get the maximum settlement possible for your injuries, but this isn't the best plan.

Insurance adjusters look for anything that can reduce the amount the insurance company has to pay. If you fail to disclose that you had a pre-existing condition and the insurance company finds out through medical records or someone's testimony, it doesn't reflect well on your integrity.

The best thing to do when you're injured is to disclose all of your pre-existing conditions to your medical team and your attorney so there aren't any surprises in court later. An experienced personal injury attorney will help you present your medical history in the best way to show how your current injury and symptoms were a result of the accident.

The Eggshell Skull Rule

In some cases, a personal injury victim was more likely to get injured in an accident due to their pre-existing condition. For example, a person who has compressed or damaged cervical discs in their neck is likely to suffer worse injuries from whiplash in a car accident than a person who has no pre-existing spinal conditions.

Courts follow a legal theory often referred to as the eggshell skull or eggshell plaintiff rule or doctrine. The eggshell skull theory states that an at-fault party in an accident must take their victim as they find them.

This means that personal injury victims can recover damages for the full extent of their injuries even if their injuries are more severe or longer-lasting due to a pre-existing condition.

Medical Records

Medical records are an important part of any personal injury case, and they may actually help your case since people with pre-existing conditions usually have a well-documented medical history.

Making sure your medical records are accurate is one of the best things you can do to help your personal injury case, particularly if you have a pre-existing condition. Be specific about your symptoms and when they started when you talk to any medical provider about the injuries sustained in your accident.

Keep your own detailed records of your symptoms and treatment as well. Include pictures and video when possible.

Most insurance adjusters will ask personal injury victims to sign a release form for their medical bills and records early on in the process. Don't sign anything without consulting your attorney first.

Adjusters often tell personal injury victims that they'll see their payout faster if they sign a release form, but these forms are typically used to look for medical information that can be used to lower your claim.

While you will need to provide medical records that document any pre-existing conditions, let your attorney help you with what documentation you need to provide instead of just handing over whatever the insurance company wants.

Joe Owen at Owen Law Firm has been helping personal injury clients get the compensation they deserve for over 20 years. If you've been injured in an accident or another situation in which someone's negligence caused your illness or injury, contact us today to set up a free consultation.

Chest Injuries You Might Suffer in an Auto Accident

Mon, 30 Nov 2020 18:55:00 GMT

Medical bills form a significant part of car accident claims. If you fall victim to an auto accident, the liable party should compensate you for all damages related to your injury. Full compensation is only possible if you understand your injury and its possible effects on your life.

For example, if you have chest pains, you should understand your injury's exact nature and treatment. Below are some chest injuries you might suffer in an accident.

Fractured Ribs

Although your ribs are relatively strong, a severe blow to the chest can crack them. Doctors typically use a variety of imaging techniques, such as x-rays, to diagnose broken limbs. Most forms of broken limbs heal after six weeks or so. In the meantime, you may need to take pain medication and to avoid strenuous activities, such as physical exercises.

You may also need breathing exercises to help you breathe deeply. Shallow breathing increases your risk of pneumonia. In extreme cases, you may need surgery to repair badly fractured bones.

Fractured Sternum

The sternum (breastbone) is a flat bone that connects the ribs and forms the rib cage's front. Direct trauma to the chest is a common cause of sternum fractures. Since the sternum sits near the heart, many people can't distinguish between heart and sternum pain. A professional diagnosis is necessary.

Again, imaging techniques may be necessary for the diagnosis. If the diagnosis is positive, then you will need bed rest as the fracture heals. Pain medication is also common. In extreme cases, you may need surgery to reattach the broken bones. As with other forms of fractures, a sternum fracture will affect all aspects of your life that take physical effort, such as carrying heavy loads.

Muscle Strain

Your chest has three layers of muscles. The trauma of an auto accident can stretch or tear some of these muscles. In such a case, the doctor might diagnose you with a muscle strain. Muscle strains are some of the most common causes of chest pains.

Luckily, many forms of muscle strains heal by themselves provided you:

Rest
Ice the affected area
Apply a correct compression treatment
Elevate the affected area during sleep

Serious muscle strains can take months to heal. In the meantime, you might struggle to do your household chores, play with your kids, or enjoy your hobbies. The defendant should compensate you for, among other things, the reduced quality of life.

Organ Damage

The chest cavity is home to several organs. Any of these organs can suffer damage during an auto accident. Organs in the chest cavity include:

Lungs
Heart
Lymph nodes
Portions of the trachea

Here are some organ damages you might suffer because of a chest injury.

Myocardial contusion - physical bruises on the heart
Pulmonary contusion - physical bruises on the lungs
Pneumothorax - the lung collapses when air leaks into the cavity between the lung and chest cavity

Diagnosis and treatment for organ damage depend on the affected organ. Treatment for organ damage can be costly, so you need to fight for maximum compensation. For example, you might even need an organ transplant if you suffer irreversible damage.

Ruptured Diaphragm

Lastly, an auto accident can also rupture your diaphragm. The diaphragm is a skeletal muscle that separates the adnominal cavity from the chest cavity. The diaphragm has multiple functions. For example, the diaphragm:

Contracts and relaxes to help you breathe
Helps to push wastes, such as urine, out of the body
Prevents acid reflux

Other injuries can mask diaphragm fracture, which is another reason to get prompt medical care after an auto accident. Serious complications might arise if you delay medical. For example, stomach contents might intrude into the chest cavity and cause an infection. Many people with fractured diaphragms require surgery to repair the fracture.

As you can see, chest injuries can complicate your life and deplete your savings. Contact Joe Owen at the Owen Law Firm if you have suffered chest injuries in an auto accident. We will meet with you to review your case and help you pursue your damages.

How a TBI Can Affect Various Aspects of Your Child's Life

Fri, 30 Oct 2020 22:33:00 GMT

A traumatic brain injury (TBI) can affect almost every aspect of life. The effects can be particularly damaging to the development of a child. If your child has suffered a TBI, watch out for these effects so that you can help the child deal with them. Below are some of the effects to watch out for.

Sensory and Perception Problems

The sensory systems allow the body to interact with the outside environment. Perception involves the interpretation of the senses so that you can make sense of them. The two functions typically work together. A TBI can affect your child's sensory system and perception. For example, the child might:

Develop hearing impairment
Be sensitive to light and sounds
Develop vision impairment
Lose their sense of taste

You need money to deal with or accommodate these problems. For example, the child might require hearing aids, and you may have to renovate your lighting system to accommodate the child's sensitivity to light. The person liable for your child's injury should compensate you for all these things.

Cognitive Problems

Cognitive functions encompass various mental abilities. If the TBI affects your child's cognitive functions, they might suffer various problems, such as:

Difficulties in paying attention to others
Difficulties in processing information
Impairment with their memory
Difficulties in making decisions
Difficulties in making judgments

Impaired cognitive functions can be devastating for a child in school. Their educational performance might plummet, the situation might force them to drop a class, and they might even lose a scholarship.

Language and Speech Problems

Language and speech functions are necessary for almost all aspects of life. You need them to read, write, interact with others, and even learn. Unfortunately, a TBI can also affect your child's language and speech. Specifically, the child might:

Struggle to understand spoken words
Struggle to understand written words
Develop poor voice control where, for example, their voice unintentionally rises

As you can imagine, language and speech impairment will affect your child's interactions with their friends. The child might even drop out of school organizations or clubs. For example, if your child was a debating club member, they might quit due to language and speech problems. The child might also need language and speech therapy, which costs money.

Behavioral Changes and Problems

Some people also experience behavioral changes due to a TBI. Example of such behavioral changes includes:

Aggression or combativeness
Sleep problems that can include too much sleep or inadequate sleep
Unexplained mood changes
Anxiety and depression

The effect of behavioral will affect your home socially and financially. For example, the child might need therapy to overcome their behavioral changes.

Problems With Physical Systems of the Body

Lastly, the brain controls various physical functions of the body, so a TBI can affect your child physically too. For example, the child might:

Experience frequent and unexplained headaches
Feel tired all the time
Experience problems with bowel and bladder movements
Experience unexplained seizures

Again, these problems will affect both the child and other members of your household. For example, the child might need:

Diapers to help them deal with their bladder and bowel problems
Treatment for the headaches and seizers
Constant monitoring so that they don't suffer injuries due to seizures

In a household where both parents work, the situation might force one parent to quit work and become a stay-at-home parent.

A TBI has both immediate and long-term effects on children. That is why you must ensure that the person responsible for the injury compensates every single injury, loss, and damage to your family. Owen Law Firm can help you value your case. Contact us so that Joe Owen's skills and experience can fight for your child's compensation.

The Role of Video in Your Personal Injury Case

Thu, 29 Oct 2020 17:46:00 GMT

Having real-time evidence of an accident in progress can make or break a personal injury case, but witness testimony can be inconsistent -- if it is available at all. Fortunately, you don't have to depend on human memory if there is video evidence available.

Sources of Video Evidence

The good news is that there are multiple sources for video evidence in the modern world, if you know where to look.

Dashcams

Dashcams are becoming more and more common, in part because they protect drivers in the event of an accident. If you are the victim of an accident, you don't have to have a dashcam of your own to benefit. Video from the other driver's vehicles or from those of other motorists at the scene is also typically allowed as evidence.

Keep in mind not all dash cams are on a dash, either. Motorcyclists and bicyclists also use these cameras on their handlebars or helmets.

Surveillance Cams

Surveillance cameras are most often associated with businesses. If your accident takes place in front of one or more businesses, they may have footage of the event if any of their cameras pan out onto the street. Transit stops and parking lots are also common areas to find surveillance cameras.

Surveillance devices may also be available in residential areas, as more and more homeowners are installing cameras on their front porches. These cameras are often aimed in a way that catches part of the street in front of their home.

Smartphone Videos

Few things go unrecorded in the modern world. If you are in an accident, particularly in an urban setting or another busy area, there is a high likelihood that someone caught it on their smartphone. The video doesn't necessarily have to be of the accident in order to be useful as evidence. Video showing the direct aftermath or details such as tire tread on the road may also be useful evidence, depending on the case.

Securing Video Footage

Fortunately, it is typically simple to locate possible points of video surveillance. Cameras tend to be visible on commercial and residential buildings. On commercial buildings, there must be a sign stating that recording is in progress if the camera is not immediately visible.

Finding Sources

The hardest part of video evidence is finding useful videos. Dashcam and smartphone videos are best secured at the time of the accident if you or the emergency personnel have the presence of mind to gather witness contact information. Your lawyer may also use advertisements, such as online, in a newspaper, or via fliers put up at the accident site, to request witnesses to come forward.

Surveillance videos are much easier to secure. You or your legal representatives will approach nearby businesses and residences to request any possible video footage. A subpoena may need to be issued by a judge if the business or homeowner refuses to turn over the evidence. Keep in mind the request for a subpoena may be denied, though, as surveillance video is considered private property.

Time Constraints

If there is suspected video evidence, it is vital that it is collected by your lawyer quickly. Although some businesses and private residences have cloud systems in place that save video footage indefinitely, many also delete the footage with some regularity in order to save space. If the footage isn't requested quickly, it could be deleted and the evidence could be lost.

Even if you don't plan to use video, your attorney will likely advise that all video sources are sought out so that they can verify that your recollection of events lines up with what actually happened. Otherwise, video evidence may be used against you instead of aiding your case. Contact Joe Owen and the Owen Law Firm for more help.

Hit By a Car While Biking? | Owen Law Firm

Tue, 29 Sep 2020 19:52:00 GMT

Bicycle accidents are common in the Hudson Valley, and they can be dangerous. You might suffer debilitating injury or even death if you get in an accident while on your bike.

If you have experienced pain, suffering, and significant financial challenges due to a car hitting your bicycle, you need to understand how the law addresses these kinds of cases and how to present your own case as compellingly as possible. Take a look at these key points.

Why Bicycle-Related Personal Injuries Occur

The good news is that there are multiple sources for video evidence in the modern world, if you know where to look.

What the Law Has to Say

The law recognizes the vulnerability that cyclists face and places a certain amount of responsibility for the cyclists' safety on drivers of motor vehicles. For instance, Section 1214 of the New York Vehicle and Traffic Law prohibits car occupants from opening their doors when it interferes with other vehicles.

Other rules that complement side-of-the-road regulations require motor vehicle drivers to keep three feet of space between their vehicles and bicycles. The burden of slowing down or changing lanes to ensure this safe amount of space falls on the driver, not the cyclist.

Keep in mind, a cyclist may still be responsible for an accident involving a motor vehicle in certain situations. Examples might include blatant disregard for traffic laws such as riding in the wrong direction, crossing in the middle of a street, or deliberately colliding with a vehicle.

What to Do at the Scene of the Accident

If you have experienced a personal injury at the hands of a driver, you must stay put until the police arrive at the scene. Don't accept any payment or other negotiation offers from the driver in the meantime. Make sure to present your account of the event to the police office instead of letting the motorist's account stand alone.

Try to collect the contact information of the police officer, motorist, and any eyewitnesses to the personal injury. Write down as many particulars of the event as you can. If possible, take pictures or record a video of the location, your bike, your injuries, and any other images that might support your case.

If you get medical treatment for your injury, ask for documentation of all diagnoses, treatments, and medical expenses. This documentation not only serves to solidify your case, it may also prove useful in justifying the amount of compensation you seek from the defendant.

How the Court Assigns Liability

In some states, a plaintiff that contributes a certain percentage of negligence may fail to receive any compensation for a personal injury. However, New York adheres to the principle of pure comparative negligence, meaning that you may receive compensation for whatever percentage of negligence the plaintiff may hold.

The defense counsel may try to minimize this percentage by claiming that you rode at an unsteady speed, took up a position that made you invisible to the motorist, rode too close to the middle of the lane, or otherwise made an accident unavoidable. As your attorneys, we may call eyewitnesses to dispute these claims and cross exam any witnesses the defendant’s lawyers may use.

Don't let a painful encounter between your bicycle and a driver destroy your everyday life. Contact Joe Owen at the Owen Law Firm to schedule a free consultation and discuss your options.

Good Samaritan Rights and Potential Legal Issues

Tue, 18 Aug 2020 00:20:00 GMT

Empathy and altruism can lead people to put themselves in danger as they attempt to help others. The effort can save lives, but sometimes an inexperienced rescuer makes mistakes and causes more harm. At some accident scenes, the helper becomes a victim as well. The Rescue Doctrine and Good Samaritan laws explain how to handle these types of cases.

Utilize Rescue Doctrine Laws

Rescuers often expose themselves to danger while trying to remove a victim from harm or when administering first aid. Someone passing by that stops to help people in need may become injured enough to also require medical care. In this instance, the Good Samaritan could potentially file a claim for their losses against the individual who caused the initial accident.

The Rescue Doctrine gives people the legal right to receive compensation when they become injured during a rescue attempt at an accident scene. Anyone that stops to help a victim and becomes injured enough to require medical care may have the right to file a lawsuit.

Injuries to a bystander helping at an accident scene only take place because of the careless behavior that led to the initial accident. The party responsible for the accident that led to the need for a rescue becomes the one responsible under the law to compensate the injured Good Samaritan.

The Rescue Doctrine applies only when the situation was dangerous because of the actions by the defendant and when the original rescue victim had an immediate need for help due to imminent peril. The rescuer must have noticed the potential for danger to themselves and acted with a reasonable level of care to avoid harming themselves during the rescue.

Someone that randomly rushes into the middle of an accident scene without any attempt to keep themselves safe may sacrifice the right to file a lawsuit. A successful claim is also unlikely if the actions the individual took were unnecessary, such as if the person was hurt when they tried to tend to a victim of an accident who was already stable, and an ambulance was audibly on its way.

Understand Good Samaritan Limits

Good Samaritan laws protect individuals who attempt to rescue someone but could not save a life or prevent all injury. Professional rescue services take time to arrive at any scene, and the delay can cost lives. The laws for Good Samaritans encourage bystanders to take part when they see someone in need without the fear of a lawsuit after the attempt.

An example of when Good Samaritan laws may help is when someone performs CPR. The individual may save the life of the victim by performing the first aid technique, but they may also break a rib on the victim during the process. Medical experts know that CPR can cause broken ribs, so the injury is not caused by carelessness and usually not cause for a lawsuit.

The law does not, however, protect people in every situation. If the actions of the Samaritan are done without reasonable care, the victim can request compensation for the additional injuries caused by the rescuer. For example, someone that removes an accident victim from a car when there was no danger could become liable if the victim suffers injuries during the removal.

Good Samaritans often display bravery and selflessness, but they can also become a part of the problem if they do not assess the scene first. If someone acting as a rescuer harmed you, or if you are a Good Samaritan who became injured at an accident scene, call us.

Joe Owen and the team at Owen Law Firm can review the details of your case. We will do all we can to get you the compensation you need. Schedule a consultation today.

Compensation Considerations After a Disabling Accident

Wed, 29 Jul 2020 16:53:00 GMT

Every personal injury victim has unique needs after an accident. Recovery can take many forms. The needs of people who become disabled can accumulate quickly. Recovery for life-altering injuries often affects the entire family and everything about their lifestyle. The expenses will often include much more than some vehicle damage and a few appointments with a doctor.

The compensation types listed below are not only for people with disabling injuries. Personal injury laws allow people to include an array of related expenses for any injury because of the negligence of others. However, anyone who will have lifelong needs because of an accident must take the time to consider how the costs will add up over the remaining decades of their life.

Estimate Future Medical Care

Disabilities can lead to lifelong medical treatments and potential future complications. Victims of accidents need to talk openly with their doctor about their outlook and what they need to prepare for as they age. Discussions should take place with physical therapists and other specialists to make certain the compensation requested will meet all expected needs.

A disability will often mean people must buy medical equipment like a wheelchair, crutches, or a prosthesis. The amount of compensation requested to cover medical equipment should also factor in any repairs, maintenance, and future replacements of these items.

Consider All Social Losses

Loss of enjoyment considerations, like pain and suffering, do not have a specific price tag attached but can still become a part of the compensation. A severe injury can take away from people the ability to live their life in a way that makes them happy. A disabling injury can prevent people from pursuing their hobbies, playing sports, or traveling.

Accident victims should create a list of things they took part in before their accident but cannot do now. Add to the list any special occasions already missed because of time in a hospital for recovery. Include occasions like a graduation, a family wedding, or any other one-time events.

Get Costs for Adaptions

The cost of the adjustments to vehicles and homes to make them accessible can add up quickly. A full house renovation that includes a bathroom and kitchen may cost a family as much as $40,000 to complete. Families with smaller homes or houses with multiple levels may need to move to make accessibility possible.

Converting a family van so it is wheelchair accessible could cost up to $30,000 . Vehicles do not last forever, so families may need to convert multiple vehicles. Lower-priced options exist, and different disabilities will require specific adaptions. Research carefully to get realistic prices based on personal needs.

Include Any Career Limitations

Injuries that affect memory, motor skills, and strength can end some careers or put limits on how far people can advance in their industry. Discuss with your lawyer any effect the injuries may have on future promotions and income potential. Also, include any household income already lost because of the accident.

Add Personal Counseling Costs

Traumatic events leave physical scars and psychological ones. Compensation should include counseling to help the victim learn to adapt to their new lifestyle. Accident victims may need to meet with a psychologist first to have success in court or during a settlement. The therapist would assess the need for counseling and how it relates to the accident and injury.

Everything can change when an injury becomes a permanent complication. Accident victims need to make certain they seek a compensation amount that equals their expected expenses. At Owen Law Firm , we can help. Contact Joe Owen to schedule a consultation to discuss your case and your needs.

Dealing With Claims Adjuster After an Accident

Thu, 18 Jun 2020 16:37:00 GMT

If you are involved in a construction accident, you may get a call from a compensation claims adjuster. What should you do when this happens? Whenever you interact with the adjuster, keep the following tips in mind. They will help safeguard your rights and help you avoid mistakes that might ruin your settlement lawsuit.

Record Every Detail

Keep a detailed record of what you discuss with the adjuster or insurance company representative. Your records should also include the representative's name, physical addresses, employee ID number, contacts, among other essential details. Also, record any requests made by the claim adjuster.

Don't Give Info About Your Injury, Treatment, or Loss

The insurer may request you to share details about your injury and any damages you may have incurred. Although this may seem harmless, don't do it. Some of the questions that the adjuster may throw at you to get details of your injuries may include:

What is the severity of your damages?
What type of injuries did you sustain in the accident?
How long do you think it will take you to heal or recover from your injuries?

What seems like a minor injury right now may become a serious injury a week, months, or even years later. You are under no legal obligation to share intimate details about your injuries. Don't be afraid to decline to respond to questions that require you to share too much info about your injuries.

Involve a Lawyer

Hire an attorney who specializes in workers' compensation law and construction accident claims. A lawyer can help you collect evidence and negotiate a good compensation deal. The attorney will also provide the emotional support you need as you seek to protect your rights.

Give Limited Personal Information

The adjuster may ask you to allow them to accesses your treatment and other medical records. Don't do it. Your medical could contain information that could be used to deny, delay, or even devalue your claim.

For example, the insurer may blame your injuries on a previous injury or pre-existing health condition. Only share the most basic personal info (your name, contact information, and address).

Don't Speculate About What Happened

Only give facts about what happened before and after the incident. Don't speculate, overstate, or give your opinion about the accident. Speculative and exaggerated statements may be used as evidence to convince the judge or court representative to devalue or dismiss your claim.

Don't Give a Written Statement

The insurer representative may ask you to allow them to document your conversations. The actual details about the construction accident can be blurry, especially if you suffered a head injury. This means that the documented statement may contradict what you said when you reported the incident to your supervisor.

Even the slightest contradiction can be used to dismiss your complaint so don't give or sign any written or recorded statements.

Don't Admit Fault

Never admit you were to blame for even a tiny bit for the incident that led to injuries. Doing so can seriously damage your case. Also, never say you were not hurt.

If you're in pain, don't mention it when you speak to the adjuster. Just say you have consulted a physician and that you are waiting for their feedback.

The tips above can help you protect your interests and avoid mistakes when you speak to an adjuster. Be sure to keep them in mind. If you sustained injuries in a construction site accident that you believe was caused by someone else's negligence, we could help you bring the party at fault to justice and secure compensation. Contact Owen Law Firm right away for legal help.

Personal Injury Cases and Impacts on Children

Fri, 24 Apr 2020 18:09:00 GMT

Personal injury cases impact more than just your own life. If you have children, a personal injury can directly impact the way you raise and spend your days with your children. As you proceed with a personal injury case, you may seek damages for the major changes that surround the life of you and your child.

Learn about some of the changes and ways the changes could directly impact your personal injury case.

Childcare

Due to a personal injury, you may need extended time in a hospital, through doctor's appointments, or with healing at home. As you heal, the other parent may need to work or take extra steps to help care for your needs.

In some cases, you may need to hire a babysitter or send a child to daycare for extended amounts of time. Any childcare services that extend beyond your typical needs are often considered a part of a personal injury case. You may not have friends or family available to watch the children when necessary.

The extra child care costs only occurred because of the injury. Joe Owen and the Owen Law Firm will usually help include the costs of child care as part of a possible settlement.

Transportation

If you've suffered from a personal injury, you may need alternative transportation options if you're unable to drive. Driving limitations may result in the need for alternative forms of transportation when your children have events and activities to attend.

You may resort to ride share services, taxis, or public transportation. All of the alternative options add extra costs to your daily needs. For example, if a child plays in a sport, you may seek out transportation for practices and games. Sometimes, rides are necessary a majority of the days in a week.

Add up all of your expenses to determine the amounts spent on transportation services. Lawyer Joe Owen may calculate future costs if you still rely on the ride share options.

Quality of Life

The way you interact with your children may change dramatically with your personal injury. Challenges may include going on the floor to play, physical actions like carrying your child, or taking a child on a bike ride. All of these elements associated with your child may impact your quality of life.

Changes in your quality of life are a big part of your personal injury case. To help capture the changes in your quality of life, consider writing our lists or journals about how your experiences with a child have changed. For example, you could write about a typical daily routine with a child and how your current routine has completely altered.

If you suffer from permanent or chronic injuries, you have to adapt to the changes for the rest of your life. Joe Owen will highlight the impacts through your personal injury case.

Pain and Suffering

Along with the changes in your daily life, you may go through emotional changes. In a personal injury case, the emotional changes fall under pain and suffering. As you lose time with your child, you could miss out on key milestones and experiences you looked forward to. For example, you may want to teach a child how to play a sport, but the injuries limit your movements.

The emotional pain you go through may include depression, extended sadness, and anxiety. Confronting the lost time and way you envisioned raising your child may result in forms of trauma. Joe Owen and the Owen Law Firm may record person deposition or request written statements to detail the pain and suffering.

For more information on personal injury cases, contact us at Owen Law Firm . Our experienced professionals, like Joe Owen, will help guide you through the personal injury process and build a case around all the circumstances that surround your personal injury.

Hit By a Teen Driver: What You Need to Know

Tue, 25 Feb 2020 20:37:00 GMT

Teenage drivers have three times the risk of an accident compared to all other drivers. Many teens die or receive injuries each year because of their mistakes, but they also cause harm to many innocent victims. The right to compensation from accident injuries and damages exists even when a teen causes the accident. The law does not excuse teens because of inexperience.

Claims Against Parents

Parents sometimes put their teen drivers on a policy of their own or they add them to the family policy. Accident victims can place a claim against the parent's insurance if the policy the teen carries in their name does not provide enough coverage for the damage that took place. Parents remain responsible for the damage caused by any teen driver under 18.

The chances of a successful claim may increase if the parents knew their child was an accident risk and allowed them to continue to drive. Accident victims should hire an attorney to help them gather any evidence. It is possible that proof exists of the teen’s poor driving, like prior accidents or tickets.

Parents can request a withdrawal of consent for any teen driver with a junior designation on their license. A consent withdrawal shows an attempt to prevent unsafe driving. However, victims should not believe that the existence of this document waives the responsibility of the parent.

Victims can file a claim with the parent's auto insurance company even if the teen drove without parental permission and was uninsured. The law expects parents to supervise the behavior of their minor children. Responsibility also remains with the parent if the teen was over 18 and driving their parent's vehicle with permission.

Lawsuits With Teenagers

The law sees teens age 18 and over as adults with the same responsibilities as an adult, no matter how little driving experience they have. A claim against them is like any other accident as long as the adult teen owned the vehicle involved in the accident.

Some teenagers have not reached the age of 18, but the law views them as adults. A married teen or a legally emancipated teen, for example, could have all the rights and responsibilities of an adult. They will also have the same legal consequences for their actions as an adult.

Complications can arise if adult teenagers have a vehicle but no insurance. Most teens will not have enough assets or income to make it worth the expense of suing them. The victim may need to file a claim with their own insurance company to receive the financial help they need.

Added complications may arise as well if the adult teen caused an accident while in a vehicle owned by their parent but did not have permission to use the vehicle. The parent may have some responsibility if the courts believe they should have known their child would take the vehicle and failed to stop them. The court may also consider only the driver at fault.

Suits Against Others

Responsibility for an accident caused by a teenager can extend to other adults. A friend or the parents of a friend may allow the teen behind the wheel. Insurance policies in New York cover anyone the policyholder allows to drive their vehicle. In this situation, the liable adult is not the parents but the person who permitted the teen to use the car.

Additionally, you should be sure to contact the adult who has legal responsibility over the teen. You may need to contact the insurer of one of the foster parents, the parent with custody, the legal guardian, or the state agency in charge of the child. The responsibility depends on who was officially the guardian of the child at the time of the accident.

Injuries caused by a careless driver can become more complicated when the driver is under the age of 18, but it does not mean the victims have no recourse. Accident attorneys, like Joe Owen at Owen Law Firm , can help people get the compensation they need. Contact us today for a consultation.

5 Steps to Take if Injured on a Construction Site

Fri, 24 Jan 2020 21:18:00 GMT

If you or a loved one has been injured on a construction site, you may be wondering what to do. Here are five essential steps to take.

What Types of Damages Can You Recover From a Personal Injury Case?

Fri, 06 Dec 2019 22:24:00 GMT

When you file a personal injury lawsuit, you seek damages. Learn about New York’s two basic types of damages to plaintiffs in personal injury cases.

Situations That Require a Construction Site Accident Attorney

Wed, 23 Oct 2019 19:10:00 GMT

If you are injured on a construction site, workers compensation might not be enough. Learn about a few situations when you need a construction site lawyer.

5 Tips to Maximize the Value of Your Injury Claim

Wed, 16 Oct 2019 19:45:00 GMT

What are some things that an injury victim should do after an accident that can help increase the value of their claim? Discover five of the most important.

Win Your Personal Injury Case By Understanding Breach Of Duty

Tue, 17 Sep 2019 19:56:00 GMT

What is a breach of duty? How does it relate to your court case? How can you build a strong case that it occurred? Read on to learn more.

Can You Represent Yourself in a Personal Injury Case?

Wed, 08 May 2019 22:18:00 GMT

What Happens If You're Injured in a Ridesharing Accident?

Tue, 02 Apr 2019 19:07:00 GMT

Have you been injured due to the actions of an ridesharing driver? Learn about who may be liable for your injuries and what you should do.

Helmet Laws and Motorcycle Accident Claims

Fri, 05 Oct 2018 23:33:00 GMT

Many states have strict helmet laws for motorcyclists. Read on to learn more about helmet laws and your motorcycle accident claim.

What If I Am Injured and the At-Fault Driver Is Dead?

Tue, 11 Sep 2018 22:43:00 GMT

If you have been injured in an accident where the at-fault driver has passed on, you can still receive compensation. Read on to learn more.

Online Dos and Don'ts During a Personal Injury Case

Wed, 15 Aug 2018 21:46:00 GMT

Social media can harm your personal injury case. Follow these dos and don'ts to keep your social media presence from getting in the way of your case.

Moon Bounce Personal Injury Claims

Fri, 26 Jan 2018 19:52:00 GMT

Moon bounce businesses and parties have grown over the past few years. If you've been injured on one, consider the things that will influence your claim.

Should You Sue a Business for a Personal Injury?

Wed, 03 Jan 2018 19:15:00 GMT

Depending on the facts of your personal injury case, you may be able to prove that a business owner is at fault and that you deserve compensation. Read on.

Comparative Fault in a Personal Injury Lawsuit

Wed, 03 Jan 2018 17:29:00 GMT

Comparative fault has the potential to reduce your recovery if you're deemed to be partially (or totally) responsible for your own injuries.

What to Bring to Your Consultation With a Car Accident Attorney

Thu, 12 Oct 2017 21:22:00 GMT

If you have a consultation scheduled, it's important to bring along as much information as you can. Here are a few of the items you should bring.

10 Reasons You Should Love Blogging

Wed, 27 Sep 2017 16:44:00 GMT

Getting Injured on a Construction Site | Owen Law Firm

Wed, 27 Sep 2017 16:44:00 GMT

Have you been injured while working on a construction site? Well, the good news is that you may be entitled to compensation. Read on to find out more.