At The Law Offices of John Day, P.C., we have two intake specialists, Penny Whitaker and Lauren Bates. When people call into the offices for a free consultation, Lauren and Penny take the basic accident information for a free review by one of our award-winning attorneys. Let me say, Penny and Lauren do a great job; they understand that when people call our office they are often confused about their rights and options, scared about what the future may bring and looking for help. And, we desperately want to help. But all too often, we can’t and that is where the disappointment comes in. This is never truer than when someone did do something wrong and injuries or death resulted. Let me explain. Continue reading
Dog ownership can be terribly expensive. Our King Charles Cavalier, Lincoln, or President Lincoln if you are not on familiar terms, has a super-sensitive digestive system, so in addition to being regulars at our vet’s office, he eats prescription dog food and often needs a pill to calm his stomach. A friend of a friend just paid $4,000 to have her dog’s knee repaired after he tore his ACL.
Unfortunately, dogs are costing their owners and insurers even larger sums thanks to a nationwide increase in dog bite claims. Last year alone, dog bite claims accounted for a whopping one-third of all homeowners’ liability claims and totaled nearly $700 million dollars. In addition, the severity of dog bite injuries is increasing as too are the amount of the payouts (either via settlement or court judgments). So what should responsible dog owners do to protect their self and, just as importantly, others? Continue reading
Roughly 44% of all U.S. households have a dog. Ours has a tri-color King Charles Cavalier named Lincoln (pictured above). Lincoln and most other dogs are wonderful companions, protectors, and exercise buddies, but when they want to dogs can inflict a lot of damage primarily due to their bite pressure. So just how strong is a dog’s bite? Continue reading
As the New Year approaches, many start to think about improvements they want to make in their lives for 2017. At The Law Offices of John Day, P.C., our work involves helping people who have been injured in accidents and, since most accidents are preventable, we thought we would give you some New Year’s resolutions that can help protect you and others. The best part of these resolutions is, for the most part, they are easy and painless to implement (unlike that weight resolution most of us make). Here are our recommendations:
- Check your auto insurance and make sure you have uninsured/underinsured motorist coverage. I can’t tell you how often someone calls our office with significant injuries from a car accident who cannot recover any money because the driver who caused the accident did not have insurance and the client did not have uninsured/underinsured motorist coverage. We have written a number of posts about uninsured/underinsured motorist coverage and you can find them here, here, here and here. But, our number one piece of advice to protect yourself would be to purchase uninsured/underinsured motorist coverage with as high of limits as you can afford. You will truly be surprised at how cheap it is and it can mean the difference between receiving compensation for your medical bills, lost wages and injuries and receiving nothing.
- Wear your seatbelt. They save lives. Period.
Government regulations get a bad rap. To be sure, if you look long enough, you can find some that will make you shake your head and wonder, but for the most part regulations do a good job of providing protection to the public. And, they can also be a big boost in accident claims and injury lawsuits.
As proof that regulations are needed to protect the public, one need only look at the tragic hot air balloon crash in Texas that killed the pilot and 15 passengers earlier this year. Many believe this accident occurred because the Federal Aviation Administration does very little to exercise oversight of hot air balloon operators. In fact, regulations on hot air balloon operators are almost non-existent despite the fact that they often carry more passengers than small commuter planes and helicopters. Unlike conventional pilots, hot air balloon operators do not have to get regular medical exams and, while the form operators must complete asks about narcotic drug charges, it specifically excludes alcohol- related driving offenses. In the deadly Texas crash, the operator was taking at least 10 different drugs for various medical problems. Some of the drugs including oxycodone would have disqualified him from flying conventional aircraft because of their effect on decision-making and reaction times. Moreover, the operator had been convicted of drunk-driving on at least four occasions. Of course, regulations do not prevent every accident, but it is probably safe to say that if the Federal Aviation Administration had implemented tighter regulations over hot air balloon pilots that this particular pilot would not have been in the sky with passengers on that fateful day.
Regulations not only provide protection to the public but they also can help your accident claim or injury lawsuit. If you are injured in an accident and you want to recover money for your injuries, you must prove that someone else was negligent, that negligence caused your injuries and the extent of your injuries and damages. Let’s focus on negligence. In simplest terms, you should think of negligence as either doing something you should not have done or not doing something you should have done. Lawyers will often refer to it as a violation of the standard of care. Part of proving the other party was negligent involves proving the standard of care, but when there is a safety regulation the standard of care has already been established by the regulation itself. So then, all you must do is prove the defendant violated the regulation. In other words, the regulation can eliminate one step of what is normally a two-step process. So regulations can play a critical role in injury litigation.
Memorial Day is a day to remember and be grateful for those brave men and women who have died while serving our country in the military. It is also the unofficial start of summer. Beach trips, parades, lake outings, pool parties and barbecues are on a lot of folks’ agenda. Here are ten safety tips to help keep your weekend fun and injury-free: Continue reading
First, let’s look at the numbers of this very real and common problem. About 4.5 million people are bitten or attacked by a dog each year in the United States. While some of the bites are not terribly serious, almost 900,000 of those dog bites will require medical attention. Each year, roughly 27,000 victims will require reconstructive surgery – not just stitches. And, while more rare, dog attacks can be deadly. The average dog bite claim costs $37,214.
So, let’s start with a few tips for how to avoid being the victim of a dog bite.
So, it is January 4th. How many of your New Year’s resolutions are already busted? If you are like most of us, it is probably at least one. That is the bad news. But, here is the good news: below is a list of 10 easy New Year’s resolutions that are easier than losing 10lbs and will help keep you safe and prepared in 2016. Continue reading
If you follow us on Google Plus or regularly read this blog, then you know our family recently acquired a Cavalier King Charles Spaniel If you don’t follow us on Google Plus, then let me first say you should and second let me introduce you to Lincoln Day. Lincoln is the love of my 7 year-old daughter’s life. Thankfully, we are past the potty-training stage and are now working on what is appropriate behavior when guests arrive at our house, how to properly walk on a leash, etc. As my daughter is finding out, owning a pet is a big responsibility.
Unfortunately, some pet owners do not take it seriously enough, so we thought we would outline, from a legal perspective some considerations and actions you should be prepared to take before taking on a pet. Continue reading
Last week, my wife and daughter were driving home from school when they noticed a goat in the road. Fearful the goat was going to get run over or cause an accident on the narrow little road, my wife decided to try and find its owner. Two farms were nearby so my wife pulled into first farm and went to the front door to alert the owner about the escaped goat. The homeowner advised my wife the goat in question belonged to the farm on the other side of the street. The woman also reported she herself had put the goat up on several occasions. Armed with this information, my wife drove to the farm across the street to alert them their goat was loose.
When my wife and daughter exited the car, the goat was still at the road. They knocked on the door and waited a few moments but no one was home. As they turned to walk back to the truck, they noticed the goat was approaching. Before they could get back to their vehicle, the goat became aggressive, and this goat had horns. Continue reading