202-955-4LAW (4529) DC
301-333-4LAW (4529) MD
703-548-4LAW (4529) VA
Free Consultation
To see our main site, please visit CohenAndCohen.net.

Can You Sue After Signing a Liability Waiver? 

Premises Liability Lawyer Many businesses and medical facilities require customers to sign a liability waiver before undertaking an activity or procedure that involves a risk of harm to the customer. The purpose of these waivers is to inform the customer of the inherent risks involved in the activity or procedure and to relieve the business or medical facility of liability for any injuries that might be suffered in the course of the activity or procedure. In other words, the waiver seeks to establish that the customer has “assumed the risk” of injury from the activity or procedure and has agreed not to sue for personal injury. Liability waivers typically cover ordinary negligence and the inherent risks of the activity or procedure. The most common events that require customers to sign a liability waiver are sporting events, skydiving, bungee jumping, skiing, and animal rides. However, as a premises liability lawyer can explain, if you’ve signed a liability waiver and were subsequently injured, you may still be able to sue for your injuries. A liability waiver does not always preclude an injured customer from taking legal action to compensate themselves for their injuries. There are several scenarios in which the waiver might be invalid.  When Will a Liability Waiver be Invalid?  Because a liability waiver is a contract between the customer and business, it must comply with the legal requirements for a valid contract. If it does not, it will be invalid and unenforceable. For instance, if the language of the waiver is ambiguous, vague, or difficult to understand, it may be invalid, meaning an injured customer may sue for any personal injuries they suffered despite signing the waiver.  A liability waiver may also be invalid if a third party who is not protected by the waiver caused the customer’s injuries. For example, the customer might sue the manufacturer of a product that injured them rather than the business that provided them with the product or the service involving the product. Further, if the customer’s injury is caused by a risk that is either not included in the liability waiver or that is not explained clearly and specifically in the waiver, they will be able to sue for their injuries.  Gross Negligence Other scenarios where a liability waiver will be unenforceable are where the waiver was signed by a minor, where the waiver violates state law or public policy, where the...
read more

What Types Of Compensation Are Available Following A Car Crash?

Car Accident Lawyer Following a car crash of any magnitude can be a scary and stressful event. Even a minor fender bender will take you out of the moment. Dealing with a car crash that results in significant injuries leaves many wondering how they will recover. While there’s no way to turn back time and prevent the car accident from ever happening in the first place, it’s still possible to receive the proper compensation.  What many victims don’t understand, however, is that different types of compensation exist which can help deal with current and future expenses—including recovering from temporary and permanent traumas. This quick guide will explore the three types of compensation available following a car crash and what they can cover.  What are Economic Damages?  The first type of compensation many people think of is economic damages. Economic damages refer to monetary losses of items that can more easily be calculated. These items typically carry an exact monetary value and often have specific documentation that can prove their monetary value. Prime examples include:  Current and future medical expenses—including physical therapy, doctor visits, medications, at-home care, etc Property damages, such as the cost to repair or replace your vehicle following a car crash The loss of wages if the accident renders you unable to work or work as much for a while Reduced or a total loss of earning power Out-of-pocket expenses In the case of wrongful death, compensation for funeral costs Court and attorney fees What are Non-Economic Damages?  Non-economic damages refer to damages that are harder to calculate and often carry a subjective quality to them. For example, economic damages may cover the exact cost of a person’s medical treatment, while non-economic damages may cover how the car crash impacts the person’s emotional state. Standard examples of non-economic damages include the following:  Pain and suffering  Emotional distress, including the development of conditions like post-traumatic stress disorder (PTSD) A loss of reputation  Difficulty maintaining relationships  Disabilities or disfigurements—temporary or permanent  Overall reduction in quality of life  Reduction in sexual functions  What are Punitive Damages?  While economic and non-economic damages are meant to make a victim feel “whole,” punitive damages are a way to punish the defendant. They may even be used to make an example of them or their actions to deter actions from similar parties. Punitive damages are far rarer than economic or non-economic damages, but a...
read more

Car Accident Lawyer Arlington Heights, IL 

As one of the most frequent types of personal injury accidents, lawyers help numerous clients who have been in car accidents. As a victim, you could recover damages so that you do not have to pay for your expenses out of your pocket. A skilled car accident lawyer will work to protect your best interests and ensure that you receive fair compensation for your injuries and losses. Have an experienced car accident lawyer evaluate your case right away. Here are some examples of cases that they can assist you with.   Drunk Driving One of the most common car accident cases is drunk driving. Every day, drivers drink too much alcohol and get into a vehicle, putting themselves and many others on the road in danger. When drivers are inebriated, they cannot adequately control their vehicles. They can overestimate their sense of judgment and ability to drive. You should not have to pay because of a drunk driver’s negligent actions.  A car accident lawyer can help you recover compensation if a drunk driver strikes you.  Street Racing  As a car accident lawyer like one at Therman Law Offices, LTD can explain, another increasingly common cause of accidents are street racing incidents. These accidents are popular in parking lots, empty intersections, and other isolated areas. However, they can even occur on freeways. These incidents often happen late at night when fewer cars are on the streets.  Rear-End Accidents When drivers are speeding or are not paying attention to slowing traffic ahead of them, they can cause rear-end accidents. Many rear-end accidents occur at high speeds and can cause devastating injuries such as bruises, back injuries, and spinal cord injuries. If you have been injured in a rear-end accident, consult with an experienced car accident lawyer to learn more about potential damages you could recover.  Wrong Way Accidents Another type of car accident is wrong-way accidents. These accidents often happen when drivers are under the influence or are trying to flee the police. Whatever the reason, they are extremely dangerous and can result in innocent victims suffering injuries. You may be able to recover compensation from a qualified car accident lawyer if you have been injured in a wrong-way accident. Inquire about affordable legal services you can access by scheduling a consultation with a qualified accident lawyer in your area...
read more

Top Reasons To Hire a Car Accident Lawyer

Top Reasons To Hire a Car Accident Lawyer No one wants to get into a car accident, but if you do, you can rely on a trusted and highly skilled lawyer to assist you with your case. In the United States, there are approximately 6 million car accidents each year. Personal injury lawyers specialize in various cases, so they understand how to get you the personalized legal counsel you can benefit from. They know how the system works and how to conduct the essential negotiations with insurance companies so that you are fairly compensated as a victim. Know the main reasons you should hire a competent car accident lawyer if you want to achieve the most desirable case outcome.  Understand the Law and Your Rights Law can be incomprehensible for the average person, with complex jargon and concepts that are difficult to digest. For example, each state has its own laws regarding negligence, so it is crucial that you know your state’s laws if you file a car accident claim. By meeting with a lawyer, you can better understand the basics of the legal system and general law. They can explain to you what rights you have so that you can make the best decisions and avoid critical mistakes that can damage your case.  Receive Ongoing Legal Counsel  With a lawyer at your side to give you personalized legal counsel, you can receive guidance throughout every part of our claim. They can answer any questions you have or propose solutions to any issues you run into. A lawyer will be able to give your case the sufficient time and attention that you need and deserve to achieve a winning outcome. With their support, they can guide you in the right direction.  Process Your Case Efficiently  Car accident cases can take a long time to complete, and it can stretch to over a year. During that time, many tasks need to be done, from gathering information and evidence to conducting questioning with witnesses and negotiations with the insurance company. All of these tasks cannot be completed in a matter of weeks. However, with the help of an experienced lawyer, you will be able to get through your case much more efficiently.  Boost Your Compensation Amount  As a car accident lawyer like one at Kreizer Law can elaborate more, clients who hire a lawyer commonly end up with a much higher...
read more

Common Tactics Employers Use to Avoid Paying Overtime

Overtime Lawyer Non-exempt employees who work over 40 hours in a single week are entitled to overtime pay, which is 1.5 your normal rate. Unfortunately, however, some employers do not pay their workers what they owe them. Here are some of the common tactics employers use to avoid paying their workers overtime. Misclassification As mentioned above, only non-exempt employees have to get paid overtime for working over 40 hours in one week. However, certain occupations, like ambulance drivers, taxi drivers, actors, agricultural workers and personal assistants, do not typically qualify for overtime pay. Managers and executives may also be exempt from overtime pay. Sometimes employers misclassify employees on purpose to get out of paying them overtime. Check Splitting Check splitting occurs when employers divide shifts you have worked into multiple, smaller shifts. This makes it look like you did not work overtime, so you are not owed extra money. For instance, let’s say that you worked 10 hours in one day. This means that you must be paid 8 hours of regular pay and 2 hours of overtime pay. However, your employer changed your timesheet to make it seem like you worked two separate shifts. This is completely illegal. Requiring Employees to Work off the Clock Unfortunately, this is another common tactic some employers use to avoid paying their workers overtime. They may require employees to perform preparatory work before their shift, like cleaning, and not pay them overtime for it. Removing Hours from Timesheets Sometimes employers will even remove legitimate overtime hours from your timesheet. They may do this just before the pay period ends, so you might not know your hours were changed until you receive your deposit. Employers may hope that you do not notice that you did not receive overtime pay. What to Do If You Haven’t Been Paid Overtime If your employer has not paid you overtime that you have earned, you have legal recourse. Do not let your employer get away with not paying you what you are owed. It is important to discuss your situation with an overtime lawyer Chicago, IL residents entrust to provide accurate advice and an exceptional level of service to clients, like one from Disparti Law Group, as soon as possible. A lawyer can look into your case and advise you of the next steps to take. He or she may be able to help you obtain the...
read more

Copyright @ 2022. All Rights Reserved.