Pain and suffering can include soft tissue injuries, broken bones, internal head injuries, scarring, depression, post-traumatic stress disorder and temporary or permanent disabilities. This list is by no means exhaustive. There are numerous other physical and emotional traumas possible that fall under the heading of pain and suffering which could include a claim for loss of consortium for a spouse or emotional bystander distress.
There are no set figures or charts for how much restitution is determined for pain and suffering. Juries, judges, mediators and arbitrators base decisions on many factors. Some of these elements include but are not limited to:
· Age: An older person is more likely to receive a higher award for pain and suffering than a younger person. Young people are considered to have faster healing capabilities than older people.
· Type of Injury: The nature of the injury, including any permanent disability that results, is pivotal to the amount of restitution. As is obvious, a Plaintiff with a broken wrist will not receive as much compensation as a Plaintiff with a traumatic brain injury. This does not mean, however, that two Plaintiffs with identical injuries will receive the same amount. One Plaintiff may suffer more because of, for instance, a low pain threshold, and receive more money than the second Plaintiff.
· Credibility of the Plaintiff: The honesty of the Plaintiff and his or her actions following the injury are scrutinized. A Plaintiff who demonstrates he or she acted in a manner) as might be reasonably expected of a person with a specific injury will be likely be believed by a judge or jury about the extent of injury and its effect on the Plaintiff's lifestyle.
· Impact on lifestyle: The injured person's lifestyle previous to the injury is relevant. For example, a person who is employed full-time, a spouse, a parent and involved in recreational sports is likely impacted more than a single person with a sedentary lifestyle.
· Location where lawsuit is filed: Studies show that Plaintiffs in lawsuits filed in urban areas will receive higher restitution than Plaintiffs of lawsuits commended in suburban and rural areas.
· Attorney: An experienced personal injury attorney will present a well documented case, have strong negotiation abilities and lay out a persuasive argument, complete with reputable research, in favor of the Plaintiff. These are essential elements in a successful personal injury lawsuit.
Exceptions to this standard are claims for pain and suffering presented to an insurer. The adjuster responsible for the case will often follow guidelines with varying levels of compensation that have been established by the insurer. The adjuster will assess the severity of a particular injury and apply guideline specifications.
Every injury sustained is individual. As the above factors show, injuries and people are not identical and, for this reason, an experienced personal injury attorney should be consulted for a legal opinion regarding compensation for pain and suffering due to a personal injury.
Tuesday, January 12, 2010
Wednesday, December 2, 2009
Birth Injuries and How They Occur
Birth injuries can be caused by doctor malpractice or hospital malpractice in a number of different ways which could include:
* Excessive force used in the delivery of the baby including the use of forceps;
* A delay in the performance of a necessary C-section;
* Failing to recognize on a timely basis that the baby is in distress;
* Depriving the baby of oxygen during the delivery;
* Failure to order specific tests during pregnancy and/or not properly interpreting tests; or
* Lack of oxygen to the brain or trauma to the head during labor and delivery.
Because the types and degrees of birthing problems are so varied, the complications associated with these injuries can be quite different. The problems associated with birth mistakes could include:
* Mental and physical developmental problems having lifetime implications;
* Brain damage;
* Respiratory Problems;
* Cerebral Palsy which is a brain disorder that can cause problems affecting a person's ability to control muscles, walk, use one's arms and legs and may result in seizures and decreased mental abilities; or
* Erb's Palsy which is an injury resulting in the compression of a person's brachial plexus nerves that control various arm functions. Often times a person who has Erb's palsy can develop arm length retardation as they grow.
If you suspect that your child has suffered an injury as a result of hospital, doctor or medical malpractice, it is extremely important that you contact an experienced malpractice attorney who has expertise in the handling and presentation of birth cases.
An attorney should be contacted immediately if one suspects that the birth injuries were caused by medical negligence.
You will also need the opinions of medical experts to help develop your case. Your attorney will be able to suggest a team of experts that can range from private investigators to doctors to economists to help develop your case. In most cases, the law firm or attorneys will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney.
SelectCounsel, LLC can refer you to one of the best law firms in your area and arrange for a free consultation for you to speak with one of those lawyers.
* Excessive force used in the delivery of the baby including the use of forceps;
* A delay in the performance of a necessary C-section;
* Failing to recognize on a timely basis that the baby is in distress;
* Depriving the baby of oxygen during the delivery;
* Failure to order specific tests during pregnancy and/or not properly interpreting tests; or
* Lack of oxygen to the brain or trauma to the head during labor and delivery.
Because the types and degrees of birthing problems are so varied, the complications associated with these injuries can be quite different. The problems associated with birth mistakes could include:
* Mental and physical developmental problems having lifetime implications;
* Brain damage;
* Respiratory Problems;
* Cerebral Palsy which is a brain disorder that can cause problems affecting a person's ability to control muscles, walk, use one's arms and legs and may result in seizures and decreased mental abilities; or
* Erb's Palsy which is an injury resulting in the compression of a person's brachial plexus nerves that control various arm functions. Often times a person who has Erb's palsy can develop arm length retardation as they grow.
If you suspect that your child has suffered an injury as a result of hospital, doctor or medical malpractice, it is extremely important that you contact an experienced malpractice attorney who has expertise in the handling and presentation of birth cases.
An attorney should be contacted immediately if one suspects that the birth injuries were caused by medical negligence.
You will also need the opinions of medical experts to help develop your case. Your attorney will be able to suggest a team of experts that can range from private investigators to doctors to economists to help develop your case. In most cases, the law firm or attorneys will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney.
SelectCounsel, LLC can refer you to one of the best law firms in your area and arrange for a free consultation for you to speak with one of those lawyers.
Friday, November 13, 2009
How To Get More Money For Your Loss of Earnings
Unlike an employer-employee situation where the calculation of lost income is much more straightforward, losing self-employed income is much more difficult to calculate in determining your losses for your medical malpractice case. As a self- employed businessperson, you could be entitled to lost income, loss of earning capacity, lost profits, lost business opportunities, and the loss of good will and/or the diminution in value to your company. It is your responsibility to lessen or mitigate your damages, to the extent possible.
Again, it is very important to be as detailed as possible in keeping accurate records. Make sure your doctor understands your physical limitations and how it affects your job so that your doctor can place this information in your medical record to help support your lost income claim. You will be asked to provide tax returns for approximately the last three to five years. Unfortunately for many, this income history does not adequately explain your current situation or what your future may be. You will also want to prepare a year-to-date financial statement that indicates your current financial position. You will need to present as much evidence and proof as possible to establish the losses you are claiming. It is a good idea to make copies of your calendar of appointments and get letters from current or prospective clients or customers to provide a better picture of lost income or loss of future business or opportunities. Another difficulty for a self-employed businessperson is that you are generally doing your job and marketing for future work at the same time. For more complicated cases, it might be prudent for us to hire a forensic accountant or an economist to help clarify your lost income situation. Many times, claims of loss of income by self-employed businesspeople are speculative and difficult to prove. Because you know your business better than anyone else, including your attorney, it is necessary for you to provide the best possible documentation to help prove your claim. Your attorney may want to hire an economist or vocational expert to help determine your losses. Commissioned Salespeople If you are a commissioned salesperson and are out of work due to injuries sustained in an accident, it may be very difficult to prove what income you lost as a result of not being able to work. It would be difficult to prove what new orders you might have received, how many new clients or customers you would have gotten, and how much additional income you would have had. You should make a copy of your day planner to show what accounts you were working on or were scheduled to begin working on. You should get a copy of your year-to-date commissions and make a list of all prospects that you have "in the pipeline." You should get letters from your employer and make a list of your current accounts and any future accounts that you may be working on. You could also get letters from your coworkers or other salespeople who can help verify what you were doing in the way of business.
Your Accountant Perhaps the best type of documentation and/or proof to help establish your loss of income claim would be a detailed letter on your accountant's letterhead that explains in detail your business, any seasonal changes you experience in your income, why your business and income were on the rise, forecasting what your income would have been and explaining in great detail the reasons behind that calculation, and any other information that is relevant to explaining any loss of income or business which you incurred or can expect to incur.
Proving Your Case As the injured party, it is up to you and your attorney to prove your case to either the finder of fact, which can be an adjustor, arbitrator, judge, or jury, by a preponderance of the evidence. In loss of income cases, it is very important to present as much "proof" as possible to support your claim. Many times this can be done with letters from employees, coworkers, family members, and friends who can explain why you are not able to work or cannot earn what you were once making. At other times, paystubs, tax returns, expert reports (economists or accountants), and letters from current or potential customers or clients will help to make your case. You should remember that insurance companies rarely rely on oral representations of facts, so don't think it will be enough for you to just say you could not work. You must have written materials to corroborate your representations. Put yourself in the mind of the insurance adjuster, arbitrator, judge, or a member of the jury. What proof would be necessary to help you decide what would be the greatest amount of money to award for past loss of income, future loss of income, or diminution in one's business? While there is no hard-and-fast rule as to what to present, you should be as comprehensive and creative as possible. You should discuss all aspects of your business with us so that a comprehensive loss of income claim for your personal injury or medical malpractice case can be developed and presented.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case."
Again, it is very important to be as detailed as possible in keeping accurate records. Make sure your doctor understands your physical limitations and how it affects your job so that your doctor can place this information in your medical record to help support your lost income claim. You will be asked to provide tax returns for approximately the last three to five years. Unfortunately for many, this income history does not adequately explain your current situation or what your future may be. You will also want to prepare a year-to-date financial statement that indicates your current financial position. You will need to present as much evidence and proof as possible to establish the losses you are claiming. It is a good idea to make copies of your calendar of appointments and get letters from current or prospective clients or customers to provide a better picture of lost income or loss of future business or opportunities. Another difficulty for a self-employed businessperson is that you are generally doing your job and marketing for future work at the same time. For more complicated cases, it might be prudent for us to hire a forensic accountant or an economist to help clarify your lost income situation. Many times, claims of loss of income by self-employed businesspeople are speculative and difficult to prove. Because you know your business better than anyone else, including your attorney, it is necessary for you to provide the best possible documentation to help prove your claim. Your attorney may want to hire an economist or vocational expert to help determine your losses. Commissioned Salespeople If you are a commissioned salesperson and are out of work due to injuries sustained in an accident, it may be very difficult to prove what income you lost as a result of not being able to work. It would be difficult to prove what new orders you might have received, how many new clients or customers you would have gotten, and how much additional income you would have had. You should make a copy of your day planner to show what accounts you were working on or were scheduled to begin working on. You should get a copy of your year-to-date commissions and make a list of all prospects that you have "in the pipeline." You should get letters from your employer and make a list of your current accounts and any future accounts that you may be working on. You could also get letters from your coworkers or other salespeople who can help verify what you were doing in the way of business.
Your Accountant Perhaps the best type of documentation and/or proof to help establish your loss of income claim would be a detailed letter on your accountant's letterhead that explains in detail your business, any seasonal changes you experience in your income, why your business and income were on the rise, forecasting what your income would have been and explaining in great detail the reasons behind that calculation, and any other information that is relevant to explaining any loss of income or business which you incurred or can expect to incur.
Proving Your Case As the injured party, it is up to you and your attorney to prove your case to either the finder of fact, which can be an adjustor, arbitrator, judge, or jury, by a preponderance of the evidence. In loss of income cases, it is very important to present as much "proof" as possible to support your claim. Many times this can be done with letters from employees, coworkers, family members, and friends who can explain why you are not able to work or cannot earn what you were once making. At other times, paystubs, tax returns, expert reports (economists or accountants), and letters from current or potential customers or clients will help to make your case. You should remember that insurance companies rarely rely on oral representations of facts, so don't think it will be enough for you to just say you could not work. You must have written materials to corroborate your representations. Put yourself in the mind of the insurance adjuster, arbitrator, judge, or a member of the jury. What proof would be necessary to help you decide what would be the greatest amount of money to award for past loss of income, future loss of income, or diminution in one's business? While there is no hard-and-fast rule as to what to present, you should be as comprehensive and creative as possible. You should discuss all aspects of your business with us so that a comprehensive loss of income claim for your personal injury or medical malpractice case can be developed and presented.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case."
Tuesday, September 8, 2009
Have You Suffered One Of The Most Common Forms Of Medical Malpractice?
Pressure on your chest, chest pain, shortness of breath, numbness in your left arm and difficulty talking are all classic signs of a heart attack. Few people would need a medical degree to come up with this diagnosis but amazingly people who visit hospital emergency rooms with these complaints are sometimes sent home only to encounter a disastrous result. Even more distressing is the fact that some people who present themselves to a hospital with these complaints are given diagnostic tests which reveal problems and still they are sometimes sent home. A Heart attack is one of the top conditions that are the subject of medical malpractice awards. Doctors sometimes misdiagnose this condition as heartburn, reflux, GERD or some other type of gastrointestinal situation. Emergency room malpractice awards are generally the result of misdiagnosis or for mismanaged diagnostic testing. Because the adverse consequences of the misdiagnosis of a heart attack and its care are so great the awards for these types of doctor malpractice cases can be quite high. If you suffered a heart attack which was either misdiagnosed or mismanaged then you need to speak with an experienced medical malpractice lawyer immediately. Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case."
Selectcounsel, LLC is a FREE national service that helps people with serious personal injury and medical malpractice cases find one of the best lawyers in their area to represent them. The lawyers we recommend are independently rated by attorneys and judges as being among the very best in their field of practice. Visit us at http://selectcounsel.com/ to see how we can help you find one of the best lawyers for your case.
Selectcounsel, LLC is a FREE national service that helps people with serious personal injury and medical malpractice cases find one of the best lawyers in their area to represent them. The lawyers we recommend are independently rated by attorneys and judges as being among the very best in their field of practice. Visit us at http://selectcounsel.com/ to see how we can help you find one of the best lawyers for your case.
Wednesday, August 26, 2009
One of the Greatest Misconceptions About Medical Malpractice Cases
An alarming number of people who are the victims of doctor malpractice, hospital malpractice or medical malpractice do nothing about seeking compensation for their injuries and damages, many of whom suffer quite significant injuries that are of a permanent nature.
Perhaps one of the main reasons that these people do nothing about pursuing the responsible party is because they realize that these cases are very costly to develop and they have little or no money, so they feel that they cannot go after a doctor or hospital that has far greater resources.
Medical malpractice cases are handled by lawyers on a contingency fee basis which means that the attorney or law firm retains a percentage of the monetary award through a settlement or after a trial. If there is no recovery then the client owes the lawyer nothing for a fee.
Still other people may think that medical malpractice cases are very expensive to develop and they do not have money to pay all of the experts that will be needed to properly present their case. Most, if not all, experienced medical malpractice attorneys will advance all of your costs. A large percentage of these lawyers, assuming the rules of that particular state allow for it, will agree not to seek reimbursement of those costs if there is no recover, especially when you have a very good case with a potential for a large recovery.
If you or someone you know has been injured through doctor malpractice, hospital malpractice or medical malpractice you should contact an experienced malpractice attorney immediately.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case."
Selectcounsel, LLC is a FREE national service that helps people with serious personal injury and medical malpractice cases find one of the best lawyers in their area to represent them. The lawyers we recommend are independently rated by attorneys and judges as being among the very best in their field of practice. Visit us at http://selectcounsel.com/ to see how we can help you find one of the best lawyers for your case.
Perhaps one of the main reasons that these people do nothing about pursuing the responsible party is because they realize that these cases are very costly to develop and they have little or no money, so they feel that they cannot go after a doctor or hospital that has far greater resources.
Medical malpractice cases are handled by lawyers on a contingency fee basis which means that the attorney or law firm retains a percentage of the monetary award through a settlement or after a trial. If there is no recovery then the client owes the lawyer nothing for a fee.
Still other people may think that medical malpractice cases are very expensive to develop and they do not have money to pay all of the experts that will be needed to properly present their case. Most, if not all, experienced medical malpractice attorneys will advance all of your costs. A large percentage of these lawyers, assuming the rules of that particular state allow for it, will agree not to seek reimbursement of those costs if there is no recover, especially when you have a very good case with a potential for a large recovery.
If you or someone you know has been injured through doctor malpractice, hospital malpractice or medical malpractice you should contact an experienced malpractice attorney immediately.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case."
Selectcounsel, LLC is a FREE national service that helps people with serious personal injury and medical malpractice cases find one of the best lawyers in their area to represent them. The lawyers we recommend are independently rated by attorneys and judges as being among the very best in their field of practice. Visit us at http://selectcounsel.com/ to see how we can help you find one of the best lawyers for your case.
Monday, August 17, 2009
All Terrain Vehicle (ATV) Accidents: What To Do To Help You Collect More Money For Your Case
In 2006, the Consumer Product Safety Commission (CPSC) reported that about 146,000 people were treated at hospitals for All Terrain Vehicle (ATV) related injuries. The industry likes to say that it is not the ATV that is causing the accidents and it is, in fact, the fault of the driver. 666 deaths from ATV accidents were reported in 2005 and the CPSC believes this number could reach well over 800. 95,000 Polaris ATVs were recalled because of problems in their control panels which could cause them to catch fire. Out of 33 sports, ATV riding has the largest risk of hospitalization.
Injuries from ATV accidents are more serious than most recreational injuries. The CPSC reported that only 2 percent of injuries from other consumer products result in hospitalization compared to the 9 percent that result in hospitalization from ATV accidents.Most deaths from ATV accidents are related to head injuries. Some nonfatal but serious injuries include abdominal injuries, spinal and head trauma and multiple trauma. Extremity and clavicle fractures, lacerations and abrasions are some of the less serious injuries that can result from ATV accidents. Victims of ATV accidents can suffer from both short and long term disabilities.
A party who suffers personal injuries in an accident caused by the fault of another could expect to collect monies for past and future medical care and treatment, past and future loss of income, damages related to permanent disabilities, loss of life's activities and where appropriate, a separate claim could result for loss of consortium for the spouse.
After being in an ATV accident, you should speak with an attorney familiar with these types of claims at the earliest possible moment to assist you in developing your case. An experienced personal injury attorney can explore various theories of liability which may involve multiple parties. Additionally, speaking with an experienced accident lawyer can help you to maximize the value of your case which could result in your getting more money for your case.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case"
Injuries from ATV accidents are more serious than most recreational injuries. The CPSC reported that only 2 percent of injuries from other consumer products result in hospitalization compared to the 9 percent that result in hospitalization from ATV accidents.Most deaths from ATV accidents are related to head injuries. Some nonfatal but serious injuries include abdominal injuries, spinal and head trauma and multiple trauma. Extremity and clavicle fractures, lacerations and abrasions are some of the less serious injuries that can result from ATV accidents. Victims of ATV accidents can suffer from both short and long term disabilities.
A party who suffers personal injuries in an accident caused by the fault of another could expect to collect monies for past and future medical care and treatment, past and future loss of income, damages related to permanent disabilities, loss of life's activities and where appropriate, a separate claim could result for loss of consortium for the spouse.
After being in an ATV accident, you should speak with an attorney familiar with these types of claims at the earliest possible moment to assist you in developing your case. An experienced personal injury attorney can explore various theories of liability which may involve multiple parties. Additionally, speaking with an experienced accident lawyer can help you to maximize the value of your case which could result in your getting more money for your case.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case"
Friday, August 7, 2009
Rollover Accidents: How They Happen and What To Do
There are 280,000 rollover accidents yearly. More than 10,000 people a year die in these motor vehicle accidents. A rollover happens when a vehicle flips onto its side or roof. While all vehicles can roll over, Sports Utility Vehicles (SUVs), light trucks and minivans are more likely to be involved in this kind of motor vehicle crash.
SUVs are particularly susceptible to rollovers because they have a high center of gravity. Adding to the tendency to roll over, is the typically narrow width between the left and right wheels and raised height of the vehicle to accommodate four-wheel drive. This all combines into reduced stability. This stability is decreased even further when passengers or heavy cargo are loaded into the SUV.
Light trucks with four-wheel drive have reduced steering capacity to negotiate sharp curves or corners, while minivans with raised suspension that carry several passengers are also more likely to roll over.
A rollover can be either "tripped" or "un-tripped". A tripped rollover occurs when a vehicle is sliding sideways, most often because of cornering too sharply while traveling at too high a speed, and the tires hit a curb, slide across uneven pavement surfaces, dig into soft soil, hit a guardrail or bump into a snow bank. Another scenario for a rollover is where a vehicle is traveling at a high rate of speed and one side of the vehicle rides up against an object, such as a guardrail. The third kind of rollover is when a vehicle is attempting to drive down a slope so steep the vehicle cannot remain upright.
Tripped rollovers account for 95 percent of rollover accidents.
The remaining 5 percent of rollover accidents are un-tripped. Un-tripped rollover accidents are usually caused when a vehicle swerves to avoid a collision at high speed.
Speed, together with alcohol, is a large factor in fatal rollovers. Seventy-five percent of fatal rollover crashes are attributed to speeds higher than 55 miles per hour on rural roads on weekend nights. Research indicates driver distraction may be responsible for fatal single vehicle rollover crashes as, at the time of the accidents, most drivers were driving under favorable conditions.
Approximately 15 percent of rollover crashes involved a collision with another vehicle. A side impact collision is most likely to cause a rollover.
Unlike front, rear and side collisions, a rollover crushes the roof which often times cause severe head injuries for occupants who are restrained inside the vehicle. Seventy-five percent of occupants who died in rollover collisions are ejected outside the vehicle through broken windows, windshields and doors.
If you, or a loved one, were an occupant of a vehicle involved in a rollover crash, it is advisable to contact an attorney experienced with rollover accidents to obtain legal advice.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case."
SUVs are particularly susceptible to rollovers because they have a high center of gravity. Adding to the tendency to roll over, is the typically narrow width between the left and right wheels and raised height of the vehicle to accommodate four-wheel drive. This all combines into reduced stability. This stability is decreased even further when passengers or heavy cargo are loaded into the SUV.
Light trucks with four-wheel drive have reduced steering capacity to negotiate sharp curves or corners, while minivans with raised suspension that carry several passengers are also more likely to roll over.
A rollover can be either "tripped" or "un-tripped". A tripped rollover occurs when a vehicle is sliding sideways, most often because of cornering too sharply while traveling at too high a speed, and the tires hit a curb, slide across uneven pavement surfaces, dig into soft soil, hit a guardrail or bump into a snow bank. Another scenario for a rollover is where a vehicle is traveling at a high rate of speed and one side of the vehicle rides up against an object, such as a guardrail. The third kind of rollover is when a vehicle is attempting to drive down a slope so steep the vehicle cannot remain upright.
Tripped rollovers account for 95 percent of rollover accidents.
The remaining 5 percent of rollover accidents are un-tripped. Un-tripped rollover accidents are usually caused when a vehicle swerves to avoid a collision at high speed.
Speed, together with alcohol, is a large factor in fatal rollovers. Seventy-five percent of fatal rollover crashes are attributed to speeds higher than 55 miles per hour on rural roads on weekend nights. Research indicates driver distraction may be responsible for fatal single vehicle rollover crashes as, at the time of the accidents, most drivers were driving under favorable conditions.
Approximately 15 percent of rollover crashes involved a collision with another vehicle. A side impact collision is most likely to cause a rollover.
Unlike front, rear and side collisions, a rollover crushes the roof which often times cause severe head injuries for occupants who are restrained inside the vehicle. Seventy-five percent of occupants who died in rollover collisions are ejected outside the vehicle through broken windows, windshields and doors.
If you, or a loved one, were an occupant of a vehicle involved in a rollover crash, it is advisable to contact an attorney experienced with rollover accidents to obtain legal advice.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case."
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