Category: Product Liability

Motorcycle Accidents

Motorcycle Accidents

Motorcycle Accidents: How to Make a Strong Legal Case

If you are in any kind of accident involving motor vehicles, you may be entitled to damages if the other party is demonstrated to be at fault. There are some specifics to be aware of when it comes to motorcycles – like whether you were wearing a helmet – that can sometimes (though not always) complicate matters. To strengthen your legal claim, here are a few steps to follow.

Medical treatment

Motorcycle accidents can lead to a wide range of injuries, ranging from fairly minor to very severe. It is important to seek medial attention for these injuries, and to follow through with treatment recommendations. Having documentation of your injuries is often critical when it comes to claiming you are entitled to damages.

Call the police

Even if you feel the accident was not major, calling the police can help your case. It will create documentation of what occurred, and it can also provide information about the other driver — like whether they received a citation – that can be used to strengthen you claim.

Document damages to your motorcycle

Again, documentation is crucial. Having evidence – like photos and paperwork from vehicle repair professionals – detailing all damages to your motorcycle will be helpful in determining how much you are owed in damages.

Talk to witnesses

If others in the area of the accident were in a position to see what occurred, talking to them may be helpful. If they can confirm the validity of your claims, this can help you to build a stronger case, as well.

If you were involved in an accident and would like legal advice, feel free to contact our team of West Virginia personal injury attorneys anytime at 1-877-526-3457. Or if you’d prefer to contact us online, please fill out this form and we will respond right away.

Motorcycle Accidents

What to Do if You’re Injured in a Motorcycle Accident

Being involved in an accident of any kind can be frightening and can result in serious injuries. This is often particularly true in the case of motorcycle accidents.

As with any vehicle accident, the first thing you will want to do is assess your injuries – and those of others involved – and seek medical attention if needed.

The next step is to exchange insurance and contact information with the other driver. But be aware that, even if the other driver’s vehicle insurance covers damages to your motorcycle, it may not cover everything you’re entitled to, like the cost of medical expenses or lost wages if you’re injured and unable to work for a period of time. This is why it can be helpful to seek legal assistance.

One factor that is specific to motorcycle accidents is helmets. In many states, motorcyclists are legally required to wear a helmet while riding. But if you weren’t wearing one, you may still be entitled to damages. There is a legal concept known as “comparative negligence,” which means that even if both parties are partially at fault, the party most at fault will be ordered to pay damages. In other words, if the driver of the other vehicle is deemed to be more at fault than the motorcyclist, damages will likely still be paid, though the amount may be less if the motorcyclist’s failure to wear a helmet, in part, contributed to his or her injuries.

If you were involved in an accident and would like legal advice, feel free to contact our team of West Virginia personal injury attorneys anytime at 877.526.3457. Or if you’d prefer to contact us online, please fill out this form and we will respond right away.

401(k) and SSDI

401(k) and SSDI

If I Receive SSDI, Can I Withdraw from My 401(k)?

 If you are a Social Security Disability (SSDI) benefits recipient, will your monthly payments be affected if you withdraw money from your 401(k)?

The answer is most likely no. Your Social Security retirement benefits are determined by the amount of money you earned while you were working. During those years, you paid money into the retirement system through Social Security taxes. That means those Social Security taxes have already been taken out of the money in your 401(k) (though 401(k) plans are protected from state and federal taxes).

Therefore, withdrawing funds from your 401(k) will not reduce the amount of money you receive each month in SSDI benefits. However, it is important to note you might have to pay more in taxes because the money withdrawn will be counted as taxable income when you file your tax returns with the Internal Revenue Service (IRS). There is a 10% penalty from the IRS if you withdraw from your 401(k) before you reach the age of  59½, though there are sometimes exceptions made for disabilities.

So, in short, withdrawing from your 401(k) won’t impact your SSDI. However, it is best to do so with caution, as such withdrawals are considered taxable income and may increase the amount you are required to pay to the IRS.

If you have additional questions about Social Security Disability benefits, feel free to contact us anytime at 877.526.3457. We have an experienced team of West Virginia Social Security Disability attorneys, and one of our representatives will be happy to answer your questions. Or if you’d prefer to contact us online, please fill out this form and we will respond to you shortly.

Dog Bites

Dog Bites

Who’s Responsible if You’re Bitten by a Dog?

 If you are bitten by a dog, will you have cause to file a personal injury claim against the dog’s owner? In most situations, the answer is likely to be yes.

In most situations, the dog’s owner is considered responsible for any injury the dog causes to another person. The owner’s negligence in failing to prevent the dog from harming others makes them legally liable, meaning they potentially will be made to pay you damages for medical expenses and other costs incurred as a result of the bite. It is often up to the court to determine whether who was caring for a dog may be considered to be the party responsible for harm caused by the dog’s actions.

In some cases, the party responsible for the dog may be held liable, even if they are not the dog’s owner. If a dog walker is in charge of the dog when you are bitten, for example, the walker may be held legally liable.

However, it is important to note that the owner or party responsible may not be held legally liable in every situation. Circumstances unique to each case may alter the decision.

What if you’re the one caring for another person’s dog and you’re bitten? Can you claim damages against the owner? It depends. In some cases, because the dog walker or sitter was the one in charge of the dog at the time, it has been ruled that they cannot sue the owner. In other cases, however, it has been ruled that the owner is still the one considered responsible for the dog, and the sitter or walker can therefore claim damages.

If you were bitten by a dog and would like legal advice, feel free to contact our team of West Virginia personal injury attorneys anytime at 877.526.3457. Or if you’d prefer to contact us online, please fill out this form and we will respond right away.

Compassionate Allowances

Am I Eligible for a Fast-track Decision

Am I Eligible for a Fast-track Decision About My Social Security Disability Benefits?

 As you probably know, after you’ve filed your Social Security Disability (SSDI) claim, it can take quite a while for Social Security to reach a decision. However, there are some conditions that might make you eligible for a fast-track decision.

These types of disabilities are called Compassionate Allowances, and they can shorten the processing time for an SSDI claim. There are currently around 230 of them, and you can read the full list here. Most of them are severe conditions that advance quickly and may result in death. You do not have to apply for Compassionate Allowances, as Social Security has software that screens applications for these conditions.

There are other situations that may result in a fast-track decision, as well. They include:

  • Applicants whose condition has reached a terminal stage
  • Serious and imminent situations in the claimant’s life, such as the likelihood they will soon become homeless
  • Claims for Veterans who became disabled while on active duty

Your case may be fast-tracked if you are approved for Quick Disability Determination (QDD). The Social Security Administration (SSA) uses a computer modeling program that analyzes cases for a range of factors making it likely the claimant will be found to be disabled. In these cases, the disability claims examiner doesn’t have to request that a medical consultant look at your file if they want to approve you. Your case could potentially be approved within 15-20 days if your medical records are complete and the date on which your disability began can be easily determined.

Your case may also be expedited if it is considered a “dire need” case. If the claimant doesn’t have the resources to get food, medicine or shelter, the SSA will approach the case as critical. There are a number of factors that can help demonstrate dire need, such as notification of eviction, copies of medical bills, a letter from your homeless shelter stating you’re no longer eligible for services, and more.

If you have additional questions about Social Security Disability benefits, feel free to contact us anytime at 877.526.3457. We have an experienced team of West Virginia Social Security Disability attorneys, and one of our representatives will be happy to answer your questions. Or if you’d prefer to contact us online, please fill out this form and we will respond to you shortly.

Zantac Users: Filing a Lawsuit for Your Cancer Claim

Zantac Users: Filing a Lawsuit for Your Cancer Claim

Food and Drug Administration Revealed

Back in October, the Food and Drug Administration revealed it had found a chemical called nitrosodimethylamine (NDMA) – which could be linked to cancer – present in Zantac and generic versions of the heartburn  and stomach ulcer medication. Subsequently, these medications, whose active ingredient is called ranitidine, were pulled from many drugstore shelves.

More recently, the FDA disclosed additional recalls of medications containing ranitidine, including several version of the medication intended to lower blood pressure.Pharmacy chains CVS and Walgreens have discontinued sales of Zantac and generic versions of the drug.

Denton Pharma and Appco Pharma issued voluntary recalls of a number of ranitidine medications. And pharmaceutical company Mylan recalled  its Nizatidine Capsules after finding “trace amounts” of NDMA in the medication.

According to an analysis conducted by Emery Pharma, a private laboratory based in California, it seems likely that the medication forms NDMA when exposed to heat, stating it should be shipped in temperature-controlled vehicles and include a warning about potential risks.

If you have taken Zantac and believe it is behind you cancer diagnosis, feel free to contact our team here at Jan Dils Attorneys to discuss your legal options.

Slip and Fall

Slip and Fall

Claiming Damages if You Slip and Fall

 Losing your balance and tripping is, of course, quite common. Most of the time, a little embarrassment is the only damage done. But sometimes a slip can cause more serious injuries. If you slip and fall on someone else’s property, do they owe you damages?

It depends. Getting injured on another person’s property does not, in itself, make you eligible to receive damages from the property owner. However, there are some cases in which the owner may be held legally liable. In general, the owner may be made to pay damages to the fall victim if the owner’s negligence – or direct actions – created conditions that were unsafe. For example, the owner could be held liable if ice or snow has accumulated on the property, sidewalks are damaged, or potholes and debris pose a risk to walkers, and reasonable steps to remedy the situation have not been taken.

However, this kind of negligence is not always easy to establish. In most cases, the property owner must have been aware of the unsafe condition prior to the fall. If the owner could not reasonably have been expected to be aware of the hazard, they likely won’t be held liable.

Furthermore, if the owner was aware of the hazard but had not corrected it, they still aren’t likely to be considered liable if notice had been posted. For example, if a damaged sidewalk is in the process of being repaired, the municipality probably won’t be held liable for someone falling if warning signs have been posted and the area under repair has been roped off.

Property owners are also unlikely to be held liable if the hazard was extremely obvious. For example, if there is a very large hole in a parking lot, it is expected that those walking through the lot will see it and go around it. In general, individuals are considered responsible for taking reasonable steps to ensure their own safety.

Demonstrating that another party is liable for your slip and fall can be difficult. If you would like legal advice, feel free to contact our team of West Virginia personal injury attorneys anytime at 877.526.3457. Or if you’d prefer to contact us online, please fill out this form and we will respond right away.

Retirement Benefits

Retirement Benefits

If I Get Social Security Disability Benefits and I Reach Retirement Age, Will I Also Receive Retirement Benefits?

If you currently receive Social Security Disability (SSDI) benefits and you’re approaching retirement age, you might be wondering whether your situation will change once you retire. Will you start receiving retirement benefits as well?

This is perhaps a bit of a good news, bad news situation. Social Security determines the amount you receive in SSDI as though you had already reached full retirement age (the point at which you qualify for 100% of your Social Security retirement benefits). Once you actually reach full retirement age, your SSDI is converted to retirement payments. So while you won’t receive both SSDI and additional retirement benefits, your monthly payments won’t be reduced either. In most cases, the amount you receive each month will stay the same.

There is an exception for those receiving workers’ compensation or public disability benefits from government jobs in which they didn’t pay Social Security taxes. Both of these types of benefits can reduce the amount you receive in SSDI. In other words, when your SSDI is converted to retirement benefits, that reduction ends and you will begin receiving more money each month.

If you have additional questions about Social Security Disability benefits, feel free to contact us anytime at 877.526.3457. We have an experienced team of West Virginia Social Security Disability attorneys, and one of our representatives will be happy to answer your questions. Or if you’d prefer to contact us online, please fill out this form and we will respond to you shortly.

SSI and SSDI

SSD and SSDI

What’s the Difference Between SSI and SSDI?

 

You have likely heard the terms Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). But what exactly do those terms mean, and how do they differ?

 

SSDI is a benefit program under which you can receive monthly payments as a result of having a medical condition that prevents you from working enough to earn a certain amount of income. SSDI survivor benefits may also be paid to survivor minor children and surviving spouses after a benefit recipient passes away. Learn more about the details of SSDI and how to start receiving benefits here. Helping you file a claim to receive SSDI benefits is one of the areas in which our West Virginia Social Security Disability attorneys specialize.

 

On the other hand, SSI is a program that pays benefits to low-income individuals who are aged 65 years or older, and to adults and children who are blind or have a disability (according to the same definition of disability used in SSDI cases). And whereas SSDI is funded by taxes paid by working people, SSI is financed by revenue collected by the Treasury Department to run the federal government.

 

In addition, SSDI is based on a claimant’s work history. Did the worker obtain enough work credits to be insured for SSDI? SSI is not based on work credits. Your SSDI monthly payment amount is based on earnings and is paid on the first of the month, while SSI has a monthly maximum, and is paid on the second, third, or fourth Wednesday of the month, depending on your birthday. Also, SSDI provides Medicare, whereas SSI provides Medicaid. And, finally, SSI is affected by your resources and assets, whereas SSDI is not.

 

If you have a disability and would like to receive monthly financial support, you will be applying for SSDI benefits.

 

If you have additional questions about Social Security Disability benefits, then contact us anytime at 877.526.3457. We have an experienced team of West Virginia Social Security Disability attorneys, and one of our representatives will be happy to answer your questions. Or if you’d prefer to contact us online, please fill out this form and we will respond to you shortly.

A holiday whobiliation at Jan Dils

A Holiday Whobilitation at Jan Dils!

We here at Jan Dils hope you’re having a wonderful holiday season. Every year, we’re so grateful for the opportunity to have some fun with our team and show them how much we appreciate the work they do every day.

 

This year, we went all out and decked the halls for a Dr. Seuss-themed party we called a Whobilitation (and it certainly gave us a little rehabilitation after a busy and productive year).

 

The party was held on December 7 at the Parkersburg Arts Center. We enjoyed all kinds of delicious food, including pork tenderloin, chicken, and vegetarian pasta.

 

And after dinner, we celebrated with games, dancing, and some excellent door prizes, including high-quality kitchen appliances and even TVs!

 

Part of what we at the firm love about working here is the chance to collaborate with some wonderful, dedicated people. And celebrating the season with our hardworking colleagues sincerely means a lot to us.

 

Enjoy the photos below, and let us know her e and on social media how you’re celebrating your holiday season!

A Holiday Whobilitation at Jan DilsChristmas party at Jan DilsA Holiday Whobilitation at Jan Dils

 

A Holiday Whobilitation at Jan DilsA Holiday Whobilitation at Jan DilsA Holiday Whobilitation at Jan Dils

 

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