Monthly Archives: July 2015

How Collecting Unemployment Affects your Disability Claim

When a physical or mental disability affects your ability to work, it is not unreasonable to consider filing a disability claim, as well as, a claim for unemployment benefits.  However, filing for both simultaneously can be very problematic.  Why? Because, filing for both creates a direct contradiction in claims and could keep you from receiving benefits.  Understanding how collecting unemployment affects your disability claim is very important. What is the contradiction between disability and unemployment claims? When you file a social security disability claim, you are essentially representing to the government agency that you are unable to perform substantial work activities, due to a mental or physical impairment.  However, when you file a claim for unemployment benefits, you are representing to another government agency that you are ready and available to work, should you find a job that fits your skills.  Otherwise, you cannot collect unemployment benefits.  These two repr


Resolving an Auto Accident Case

After an auto accident, the trauma of your personal injuries is something you would soon want to forget.  The disruption that your injuries and damages clause, make the need to reach a resolution greater, and the sooner you can get back to life as usual, the better.  How long resolving an auto accident case will take, depends on so many factors.  Though attorneys can never guarantee a successful resolution, nor can they predict how long it will take, being familiar with the factors that affect resolution, can make it easier to get through. Factors that affect resolution Accident cases typically follow the same track, with a few exceptions.  There are particular steps that are common to most accident cases.  The length of time it make take for each step can vary.  But, factors such as the nature and extent of your injuries, and the efforts needed to prove your losses, nearly always play a role in determining how quickly your auto accident case can be resolved. Nature and extent o

How is the New York Dog Bite Law Different?

Liability for a dog bite injury is generally based on whether or not the dog owner knew, or should have known, that the dog would bite.  Each state follows its own set of rules in this regard.  The two main theories of liability recognized in dog bite cases are strict liability or the one bite rule.  The New York dog bite law is a little different, in that it sort of combines these two doctrines. New York is mixed liability state New York s dog bite law is a unique combination of the one-bite rule with a somewhat limited version of strict liability.  New York s dog bite statute makes the owner or keeper of a previously adjudicated dangerous dog, strictly liable only for medical and veterinary costs.  However, to recover for any other types of damages, New York requires the victim to prove that the dog had the vicious tendency to bite people, and that the dog owner was aware of that propensity.  in other words, New York is a one bite state for damages other than medical costs. Ne

Can I be responsible if my dog bites my vet?

Despite what most pet owners believe, even your dog could bite someone, under the right circumstances.  Although you may have been taking your dog to the veterinary clinic since he was a puppy, there is no guarantee that he won’t bite if he becomes frightened.  So, many clients ask, what will happen if my dog bites my vet?  Luckily, the laws presumes that veterinarians know this to be true.  For that reason, most courts assume that veterinarians knowingly take the risk of injury as part of their job. What are the expectations of veterinarians and their staff? Because vets are assumed to know and accept the risk of injury and should know from experience how to guard against it, veterinarians are typically not allowed to sue a pet owner if they are injured while treating a dog. The same rule generally applies to veterinary assistants, who also knowingly take the risk of handling animals in the course of their jobs.   There may be an exception, though, if a vet unnecessarily expo

Free Report: Appealing the Denial of a Missouri Social Disability Claim

Being eligible for Social Security Disability Income, often referred to as SSDI, requires proof of a qualifying disability. The federal statutes define exactly what the term “disability” means.  Topics covered in this whitepaper include: The proof of disability required when a claim is initially filed Applying for Social Security Disability Income What to do if your application is denied What to Expect at an Appeals hearing Review by the Appeals Council The final step is to appeal to the federal court Click here to read the whole article or download the PDF. The post Free Report: Appealing the Denial of a Missouri Social Disability Claim appeared first on Cottrell Law Office | Arkansas Personal Injury Attorney.

Preparing for a Disability Hearing

The unfortunate reality is that, most people who apply for Social Security Disability benefits are denied the first time around.  This means that most people end up appealing the decision.  However, it will take two separate levels of appeal before they get to have a disability hearing before a judge, which can take nearly a year to get scheduled.  If it takes that much to get a hearing, it is certainly important to be prepared.  The most important thing you will need, in preparing for a disability hearing, is medical evidence of your disability. Obtain current, updated medical records The most important part of preparing for your disability hearing is to gather any additional medical records, so that when you arrive at your hearing, you can present the most recent medical records that exist.  Be sure that you do not have any gaps in your medical documentation. In most situations, the Social Security Administration will not obtain additional medical records for you, before your h

Punitive Damages in Catastrophic Injury Cases

Whenever a person is injured and a lawsuit is filed, the only available remedy is most often monetary damages. This monetary award comes in the form of compensatory damages, the purpose of which is to reimburse, or compensate, the injured person for the costs associated with the injury they sustained.  The most common types of costs that are reimbursed are medical expenses and property damage. However, in certain situations, a different type of damages is also awarded to punish the person who was at fault. These types of damages are called punitive damages.  Punitive damages in catastrophic injury cases are very common. What is the purpose of punitive damages? Punitive damages are awarded for the purpose of punishing the person who was at fault, for conduct that was either intentional or more than just negligent.  Instead of negligence, the defendant is being punished for being excessively reckless. For example, a driver who is traveling 65 mph in a residential area would clearly b

What Are the Attorneys Fees for an Auto Accident Case?

Nearly all personal injury attorneys handle auto accident cases on, what is known as, a “contingency fee” basis.  This payment system allows the injured person to be represented by an attorney without the need to pay any fees up front.  As such, determining the attorneys fees for an auto accident case ahead of time, is not really possible.  As the client, you pay nothing to your attorney initially.  If the lawsuit is successfully resolved, then your attorney will be entitled to a percentage of the money you are awarded, plus expenses. Understanding the contingency fee agreement Instead of a retainer agreement, where you pay an attorney up front for the work you expect them to do, a contingency fee agreement is created when the client agrees to pay the attorney a percentage of any award received, should the client win the case.  The difference is, no fees are paid up front.  Most states have their own rules that specify what percentage is appropriate for a personal injury con

Knowing the Hit and Run Laws in Your State

There are more serious legal consequences, for the at-fault driver, following a hit and run accident.  The term refers to an accident where the guilty driver leaves the sign of the accident, after causing injuries and damage.  Not only are their civil consequences, but there are also possible criminal consequences, as a result of fleeing the scene.  Knowing the hit and run laws in your state will make it easier to understand how to pursue your claims, if you are a victim, or the consequences you may face, if you are found to be at fault. The basic duties of an automobile driver Not only are there duties for drivers when traveling on the roadway, there are also certain duties when a driver is involved in an automobile accident.  If the accident resulted in an injury, the uninjured driver is normally required to, at the very least, call 911 to report the accident.  It is also necessary for the parties involved in the accident to exchange contact and auto insurance information.  Ob