Importance of Continuous and Honest Communication between Client and Attorney:

You're Injured, Now What?

An update to keep you informed on personal injury situations.

Communication is key when filing a law suit. In order to be successful, both the attorney and their client must communicate regularly and with complete honesty. It is the responsibility of the attorney to keep their client up to date on all legal proceedings and the progress of their case; however, it is equally as important that the client update their attorney on their current condition and keep their attorney informed of any new or prior circumstances that could possibly expose the client to legal scrutiny or jeopardize the case. Information such as a history of prior injuries, warrants, or arrests can be lethal to a case if they blind side an attorney during trial. By hiding previous blemishes on their records, clients often appear devious and deceptive during trial and loose the favor of the jury.   While they can’t change the past, attorneys can deal with these issues if they are informed of them and can even work the case around them if they are given adequate notice. Often times attorneys are able to prohibit the other side from using these facts against their client and therefore eliminate prejudice against the client for past occurrences not relevant to the matter at hand. By simply communicating with their attorney honestly, clients can save themselves a lot of hassle and embarrassment in the end. 

Things to know if you are injured in a Mass Transit Accident: (Part 3 of 3)Statute of Limitations:

You're Injured, Now What?

An update to keep you informed on personal injury situations.

Don’t wait to file your claim! Most personal injury claims have a two year statute of limitations but claims against mass transit agencies expire within just six months. This means that someone who is injured on a county bus, for instance, would only have 6 months to file a claim for compensation of their injuries against the corresponding public transportation agency. These time constraints are regulated by the Tort Claims Act which provides procedural regulations and requirements when filing a claim against a governmental entity such as a mass transit agency. As regulated by the Torts Claim Act, you must file a claim with the mass transit agency before filing a formal complaint within the court system. It is very important that any person injured in a mass transit accident be aware of time constraints concerning their claim. Time is of the essence when it comes to seeking compensation from any government agency and the procedural requirements are very unforgiving, even to ignorance. It is the responsibility of the claimant to be informed of all procedural requirements regarding their claim so the “I didn’t know” excuse generally won’t cut it when arguing your right to file a claim after the deadline. However, there are some exceptions to this rule and even if you think your claim’s statute of limitations has expired, you should seek a consultation with an attorney just to be sure. Laws are constantly changing and new precedents are constantly being set by other cases so don’t be afraid to contact an attorney for advice concerning your rights when filing a claim. 

Things to know if you are injured in a Mass Transit Accident: (Part 2 of 3) Know your rights when it comes to requesting information!

You're Injured, Now What?

An update to keep you informed on personal injury situations.

 Public transportation is considered a governmental entity with public access and therefore is within the jurisdiction of the Freedom of Information Act (FOIA). This Act grants citizens the right to request information from any governmental agency without a warrant or subpoena. Most public transportation options such as county buses are usually equipped with video cameras that record not only the inside of the vehicle but the outside as well. These tapes may contain key evidence either supporting or denying a claim and as such are very important to obtain. For instance, if you are a bus passenger and there is a collision with another vehicle, video tapes can help discern who is at fault. Internal recordings can help to prove your injuries and external video cameras can provide a more accurate depiction of what really happened. People often have skewed recollections of traumatic events and video tapes offer an unbiased and unaltered depiction of what happened. Judges, juries, and claims examiners tend to believe what they can see with their own eyes over the words of others so these tapes can prove to be invaluable. As a citizen, you have the right to request these recordings without any legal aid and denying access to them would be a violation of the Freedom of Information Act. Unlike with other governmental requests, you should not have to wait a long time to have your request granted because all federal agencies are required to respond to FOIA requests within 20 business days.