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Here’s What Really Matters in Personal Injury Cases

It’s estimated that there are over 30.8 million emergency room visits for unintended injuries in the country every year. That’s a lot of harm, and also a lot of potential personal injury cases.

Everyone seems to have a different view of what matters the most in personal injury cases.

There is no universal answer on what’s guaranteed to help you win or lose a case, but there isn’t much debate around what matters the most in these cases.

Are you curious what matters in a personal injury case? Read on to find out.

What Matters In Personal Injury Cases

It’s important to note that anyone involved in a personal injury lawsuit should seek out legal representation immediately. We can give you good advice, but you’ll need a lawyer to help you prepare your case.

Every personal injury case is different, and there are a lot of factors that can determine whether you’ll walk out with a win or loss.

Regardless of how you got injured, know that these factors are some of the most important influences on the outcome of your case.

Fault/Negligence

It’s very rare for personal injury claims to be one party’s fault. Unless there are very special circumstances, the judge will determine some split in responsibility.

As an example, let’s say that you sustain a workplace injury. If the injury occurred because your workplace didn’t have adequate safety measures in place, more of the fault would lie with them.

Now let’s say that a lack of safety measures played a role, but that you were intoxicated when injured. The workplace may not have been safe, but your intoxication can make the judge place more blame on you.

If it’s determined that the claimant is more responsible than the defendant, you shouldn’t expect to win the case.

It’s important to note that the amount of responsibility matters in the case. Being held 60% responsible or 80% responsible could affect the amount of money awarded.

Representation

We mentioned the importance of having a lawyer represent you regardless of what side you’re on in the case. If you don’t think you need a proper lawyer, you will after you read this section.

If you think about it, every personal injury claim and court case is one long bureaucratic process. There is paperwork to file with involved parties and a variety of clerks, lawyers, and judges have to look over it.

Your case isn’t going to be a dramatic court battle. More likely than not, it’ll be one long negotiation.

You’ll need someone that understands everything involved in the legal process to make sure that you file the correct paperwork.

Signing paperwork you don’t understand can be disastrous for your case. You could sign something that waves your right to future claims, admits to certain wrongdoing, or a smaller or worse settlement.

You’ll need a lawyer that has experience dealing with the legal system. Remember, a lawyer is your legal advocate and wants what’s best for you. They’re on your side and can devote the needed time to your case.

Documentation

When you’re dealing with a personal injury case it’s important to be as thorough as possible when it comes to documentation.

Regardless of what occurred, the first step any injured party should take is to file a report with the police.

A report may seem extreme, but getting them involved as soon as possible can help your case. It also lets you create an official record of the incident from a very trusted and credible source.

When involved in an accident, be sure to get a report from your insurance company. Insurance companies are a credible source in court, and they’re known to take extensive notes.

You should also consider keeping a journal so you can accurately document your own experiences and feelings.

Keeping a written record of how you’ve been living your life after your injury can help your case. Showing the judge that you had to miss important family events or are in extreme pain can help your case.

Social Media

Social platforms like Twitter, Instagram, and Facebook have changed the way people live their lives. It has also caused a surprising amount of legal issues for people going through personal injury cases.

How hurt can you be if you post pictures of you on vacation? Could you have experienced emotional trauma if you post smiling selfies?

If you’re going through a personal injury case, it’s time to put your social media on lockdown. Refrain from making a lot of posts and ask friends and family to stop tagging you.

Opposing lawyers can use anything against you. A sweet birthday post about your nephew’s birthday could be evidence that your injuries aren’t as bad as you claimed they were since you attended a party.

Next Steps

Now that you know what matters in personal injury cases, it’s time to get you what matters: a good lawyer.

Regardless of what personal injury claims you’re facing, we’re ready to help. Contact us today so we can talk about the best way to handle your case.

And remember, we have a lot of helpful content on our website. Browse our blog so you can educate yourself and prepare for your case.


Common Forms of Sexual Harassment in the Workplace

Sexual harassment is, unfortunately, a common occurrence in modern workplaces and there is still substantial stigma surrounding the discussion of the issue, making matters worse. For a variety of reasons, including fear of retaliation, most instances of sexual harassment are not reported to human resources and the perpetrator feels comfortable continuing their unwanted behavior. No one should have to suffer through sexual harassment of any form, especially in their place of work. There are legal recourses that protect victims from harassment, loss of work, demotions, and any other form of retaliations that employers may use to punish victims for coming forward with harassment. Sexual harassment has many forms in the workplace, including:

  1. Lewd Jokes: inappropriate or sexual jokes are a form of harassment that you do not have to endure. Whether they were spoken directly to you or within your vicinity, these type of jokes have no place in the workplace. In addition, any other inappropriate verbal language, such as asking for sexual favors, commenting on a coworker’s appearance, or spreading rumors of a sexual nature, should also be prohibited in the workplace.
  2. Physical touch: this may involve butt slapping, another worker placing their hand on your knee, or groping. You have a right to you own bodily autonomy and anyone who chooses to ignore that should be held accountable for their actions.
  3. Quid pro quo: also known as “this for that,” this violation involves a coworker asking for sexual favors in exchange for preferential treatment at work, such as promotions or receiving more desirable assignments. This often happens with a boss, which makes victims afraid to come forward. No matter what their status in the company, no one should be able to harass you or make you uncomfortable in any way, and there are legal protections to keep you and your job safe.

Contact Us

If you have been a victim of sexual harassment in the workplace, there are legal recourses which can protect you, and you may be entitled to compensation for the suffering you have endured. It is important to have a knowledgeable and compassionate lawyer on your side in these cases, and The Benton Law Firm is dedicated to providing our clients with the utmost compassion and care. It is often difficult for victims to come forward in these cases, but there is help and the people who participate in sexually aggressive behaviors should be held accountable for their actions. If you have any questions or would like to speak to one of our experienced Dallas sexual harassment attorneys, please contact us at (214) 219-4878 today.


Car collision kills Longview man in Gregg County

A two-vehicle car collision that happened in Longview, Texas resulted in the death of one individual. The accident happened around 12:16 in the afternoon on Wednesday, January 11 in the 3500 block of Gilmer Road, Tucson News reported.

Police identified the victim as 31-year-old Longview resident Brett Alan Crump. According to preliminary investigations, Crump was heading south on Gilmer Road on his 2014 Erik Buell Racing motorcycle. At the same time, 47-year-old Eugene Allen Jones was heading north on Gilmer Road in a 2015 Chevrolet 1500 truck. Jones was trying to turn left onto Wain Drive when he collided with Crump’s motorcycle.

Police pronounced Crump dead at the scene of the accident, a Gregg County Justice of the Peace said. Even though Crump was wearing a helmet as he rode, he sustained critical head injuries after the accident. The driver of the Chevrolet received a citation for failure to yield the right of way.


Two-vehicle collision kills one, injures six others

A 19-year-old individual lost her life while six others were injured after they were struck by a sport utility vehicle on Saturday, January 14 at around 1:30 a.m. on Interstate 45 on the North Freeway at Memory Lane in Houston, Texas.

According to preliminary investigations, a man had been driving an SUV along the highway’s feeder when, in accordance with later evidence that revealed he was drunk, the man veered away form the feeder and pulled into the main lanes of the highway, crashing into the side of a Toyota Rav4 that was headed north along the highway in the process. Both drivers lost control and ended up near the wall. The Toyota was carrying several young women.

The accident closed down the highway to public traffic for a couple of hours.

The drunk driving accident attorneys of the The Benton Law Firm send their deepest condolences to the friends and family of the victim, as well as hope for a speedy recovery for those that were injured.


Lynda Arnold loses life in vehicular accident

Lynda Arnold, 68, former mayor of Northlake and a Denton County justice of the peace, lost her life in a vehicular accident on January 5. Arnold wrote Trails, Trials, and Tears: The Life and Legacy of Texas Lil about her ranch, the Star-Telegram reported.

Her death occurred at approximately 11:20 a.m. on U.S. Route 287 near the Blue Mound Road exit in northwest Fort Worth. According to Fort Worth police Sergeant Marc Povero, another southbound vehicle rear-ended Arnold’s vehicle. A Tarrant County medical examiner declared Arnold dead at the scene of the accident.

Arnold owned a successful tourism business, but she faced arrest on a felony charge of tampering with evidence in 2004. Although a grand jury did not indict her, she went bankrupt after the accident. According to her son, Trace Arnold, “She went the way she would have wanted, quick, painless and not long, drawn-out painful illness.” He added “There are going to be some new boots and hats in heaven today.”


Texas man charged with leaving the scene of an accident in Maine

The Maine State Police has charged 28-year-old Galveston, Texas resident Aulton Fiegel with driving to endanger, leaving the scene of a personal injury crash, and operating after suspension, in relation to a hit-and-run vehicular accident on Interstate 95 in Smyrna, Maine on Monday, November 21 at around 8 p.m. that resulted in the hospitalization of one woman.

According to preliminary investigations by Maine state troopers, 38-year-old Houlton resident Karen Lewis had been traveling north in a 2007 Toyota Camry when she was rear-ended by Fiegel’s 2016 Ford F-350. The impact caused Lewis to need to be taken to Houlton Regional Hospital to receive treatment for her minor injuries.

Fiegel left the scene of the accident but police found him on Tuesday, November 22 at a hotel in Houlton while his vehicle was found at a local garage.

We at The Benton Law Firm do our best to recover financial compensation on behalf of personal injury accident victims in Dallas or other areas in Texas. If you had been hurt in such an accident because of the negligent actions of other individuals involved, seek our legal assistance today by calling our offices at (214) 219-4878.


Murphy police chief encourages safety for pedestrians

Murphy Police Chief Arthur “Trey” Cotten emphasized the dangers of crossing the street without paying proper attention. “Serious injuries can result from carelessness and inattention. People crossing streets can be extremely vulnerable,” according to the Collin County cop.

He also commented on the state’s lack of rules criminalizing distracted driving. “Other than in school zones, we do not have what’s become known as a ‘distracted driver’ ordinance on the books. So while it is not against the law to talk on a phone or interact with a mobile device while driving, we strongly encourage drivers to put away their devices or use a hands-free system while behind the wheel.” Cotten further advised motorists: “attention to surroundings, for both the driver and the pedestrian, will go a long way in preventing accidents. Of course, wearing bright colors while walking during the day, and reflective or light colored clothing at night are extremely helpful.”

Our attorneys at The Benton Law Firm provide legal services for our clients in Dallas and other areas in Texas. We handle personal injury accident cases, such as wrongful death and pedestrian accidents, among others. Call our offices at (214) 219-4878 to speak with a qualified member of our legal team about your case.


Bosque County vehicular accident hurts two

Two people were airlifted to Baylor Scott and White Hillcrest Medical Center in Waco, Texas last Sunday, November 13 after their vehicle lost control along Farm Road 56 near Farm-to-Market Road 2490 in Bosque County at around 7:40 a.m.

According to Texas Department of Public Safety Sergeant D. L. Wilson, it was not clear what the condition of the crash victims was, only that they traveled via helicopter because emergency medical respondents had consumed a considerable amount of time when trying to free them from their four-passenger car. They were reported as conscious when their helicopter left.

Wilson said the vehicle veered off the roadway as it was traveling east along Farm-to-Market Road 56, causing the vehicle to flip over.

We at The Benton Law Firm, who provide legal services for our clients in Dallas or other areas in Texas, will do our best to gain favorable results for the cases of our clients who have been injured in personal injury accidents within the state. Call our offices today at (214) 219-4878.


Friendswood car accident results in one fatality

An individual lost his life after a car accident in Friendswood, Texas on Saturday, November 12 just before 12 a.m.. The Houston Chronicle reported the accident, which occurred in the greater Houston area.

According to preliminary investigations, Joshua Parsons was driving a Camaro in the area when he rushed past a stop sign. Neglecting to yield sent him speeding into a ditch, which caused the vehicle to overturn. Parsons and the front-seat passenger, Tyler Greenig, went to the hospital for treatment of their injuries. The back-seat passenger, identified as Stephen Montgomery, was declared dead at the scene of the accident. Parsons and Greenig both sustained non-life-threatening injuries due to the incident. The Harris County Sheriff’s Office reported Parsons will be facing intoxication manslaughter charges.

At The Benton Law Firm, we see too many tragic accidents like this one. Our sincerest condolences are with the family as they mourn the loss of their loved one.


Fort Worth ISD uncovers lead contamination in drinking water

Fort Worth Independent School District voluntarily tested the drinking water of their schools in June 2016. The investigation occurred after the lead contamination crisis in Flint, Michigan gained notoriety all over the country. Workers started demolishing old water fountains they believe were the source of the lead contamination.

Fort Worth ISD is recommending no more than 15 parts per billion of lead in water samples for schools. That number is much stricter than the standard set by the United States Environmental Protection Agency. The EPA recommends no more than 20 parts per billion.

A recent lab report that conducted testing of the drinking water in Fort Worth ISD showed that out of 127 schools, 67 schools had all their water samples come back below 15 parts per billion. However, there were 34 schools found to have high levels of lead in their water, one of which was R. L. Paschal High School.

At The Benton Law Firm, we provide personalized attention to every personal injury accident case we handle in Dallas and other areas of Texas. Seek the legal assistance of the qualified members of our legal team by calling our offices today at (214) 219-4878.

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