Tag Archives: Philadelphia injury lawyers

How To Talk To An Insurance Adjuster After A Car Accident

How To Talk To An Insurance Adjuster After A Car Accident

You must notify your insurance provider after an accident if your property is damaged or you are harmed. The other driver’s insurance company will also need to be informed. Insurance companies will contact you to set up a meeting with an adjuster as soon as they are made aware of the incident. When speaking to an insurance adjuster following an accident, you must avoid saying anything that might jeopardize your claim.

If you’ve received any injuries and need to get your vehicle back on the road, that’s where you should put your attention first. However, immediately after your vehicle accident, you’ll have to meet with an insurance claims adjuster, and you’ll need to know how to handle these meetings. If you’re not careful in your interactions with claims adjusters, the amount of money you receive may be considerably decreased.

Claims adjusters are not your friends; they work for the insurance company, which must be kept in mind at all times. Unlike a car accident lawyer in Philadelphia, their purpose is to get you the least amount of money possible. Various strategies will be employed to lower your ultimate payment amount. There’s no doubt that the claims adjuster will be kind and approachable, but they’re also skilled negotiators.

What Exactly is an Insurance Adjuster?

Investigators are insurance adjusters. They examine the accident and evaluate whether or not the insurance company is responsible for the losses. They examine the damage to your property, your injuries, and your insurance coverage. If the mishap has a monetary value, they’ll figure out what the insurance company should payout. Insurance adjusters aren’t your friends, so keep that in mind while dealing with them. The insurance company employs them, and their job is to safeguard the financial interests of the firm. As a result, they’ll do all they can to avoid paying a fair settlement amount.

How to Deal with an Insurance Adjuster’s Phone Call?

In some cases, you may have to file a report of your accident before you may employ an attorney. Insurance company representatives may also contact you regarding the accident. If this does occur, you must be prepared to handle the call. You can tell them about the accident in generic terms, such as:

  • Your full name
  • The names of those who were involved in the accident.
  • The accident’s timing and date
  • The place where the accident occurred.
  • The other driver’s insurance company
  • The make and type of automobiles used

It’s critical, though, that you stick to the facts and avoid extrapolation. Avoid talking about who is to blame or who was hurt.

Tell them you prefer a written statement if they inquire directly about what transpired. We’re here to assist you in this endeavor. When they ask for further information, you have the option of gently declining their request until you have secured legal representation.

Tips for Speaking with an Insurance Claims Adjuster:

Provide Your details:

The insurance adjuster will want to know your:

  • Full name
  • Contact details
  • The responsibilities you have in your professional capacity
  • Your timetable
  • Your earnings
  • Personal information about you and your family members

In the absence of an order from your attorney, you are not compelled to disclose this information to the public.

The Crash Investigation:

To gather as much information as possible regarding the accident, an insurance adjuster will likely call you. They might want to know what caused the accident. What kind of accident it was, where it took place, how many cars were involved will all need to be provided.

However, refrain from expressing an opinion on the cause of the accident. The insurance adjuster’s job is to safeguard the company’s interests. As a general rule, you should restrict what you say to them as much as possible.

Your Injuries’ Severity:

As soon as possible, the insurance adjuster will want to learn about your injuries. Insurers frequently adopt the approach of contacting accident victims as soon as possible to inquire about the degree of their injuries. Initially, the victim may not realize the full degree of their injuries or may even be on pain medication and not comprehend the questions or consequences of the situation.

It would help if you did not discuss the seriousness of your injuries with anybody beyond your attorney. You may forget something, misrepresent something, or uncover an injury that you didn’t account for when you offer information on your injuries. These blunders might be utilized to show that your assertions are inconsistent or that you are not as wounded as you look.

For the insurance company, your demand package is likely to contain a detailed description of your injuries. For now, you should merely provide a broad description of your injuries or say that you are currently undergoing therapy.

Inquire About Your Health Records:

Medical records can be obtained on your behalf when you sign a blanket medical release form, which the insurance adjuster may ask you to sign. On the other hand, these documents are frequently created to be far more comprehensive than is required. Attorneys typically request medical records and supply the adjuster with necessary copies.

Make a Statement that is Recorded:

If you have an insurance claim, you may be asked to make a recorded statement or record your phone call. There is a problem with this. It is against the law to record your discussions without your consent, and you have no legal responsibility to accept this.

You may omit something essential or say something you didn’t want to convey. Your lawyer’s written letter will likely be more exact and correct than your conversational declaration. It’s also possible that you won’t be able to go back and fix something you stated during an audio recording.

What to Avoid Telling Your Insurance Agent?

Sharing basic information is OK, but discussing particular specifics might jeopardize your case. Among the more dangerous subjects:

  • What caused the incident
  • Who was responsible for the accident
  • What you were doing before the accident
  • Any physical ailments you may be suffering from
  • Any additional accident, injury, or damage details

How an Attorney Can Help:

Our law firm will handle all interactions with the insurance company on your behalf. We will make sure that they aren’t pushing you into saying something they may use against you later by asking you difficult questions. Protecting your rights and preventing the insurance companies from bullying you into accepting a lowball offer are the responsibilities of Philadelphia Injury Lawyers, P.C.

All About Contingency Fees Explained

All About Contingency Fees Explained

Consider the scenario in which you get catastrophic injuries resulting from an automobile accident that was entirely your responsibility. You’re taken to the hospital in a life-or-death situation and put back together by surgeons. You have no idea if or when you’ll be able to return to work. It’s becoming increasingly difficult to keep up with the mounting medical expenses. You’re behind on your mortgage, bills, and vehicle payments, and you’re stressed out about it. How on earth are you going to pay for an attorney at this point? It’s not complicated at all. Using the services of a personal injury lawyer to defend you has no up-front or ongoing charges for you. The service is free, to begin with. Personal injury attorneys in Philadelphia are here to answer any questions you may have about costs contingent on your successful case.

Legal contingency fees: what are they?

To put it simply, a contingency fee is an amount of money that an attorney receives if their case succeeds. Personal injury claims sometimes involve legal contingency costs. Contingency costs, as opposed to hourly fees, are only due if your case is successful. However, this might vary from case to case. A lawyer’s contingency fee is typically one-third of the total damages awarded, or verdict received. It’s usually a good idea to talk to your lawyer ahead of time about the specifics of your contingency fee arrangement.

What is a contingency fee agreement?

A contingency fee agreement is nothing more than a payment plan that enables an injured party seeking legal redress to acquire legal counsel from a lawyer, regardless of whether they have the financial resources to pay the lawyer in the early stages of a case or not. When you hire a lawyer on a contingency basis, they agree to take a certain percentage of the damages award they get, which is the money they pay you. A contingency fee agreement stipulates that any fees will only be paid if and when a successful settlement to the case is reached and financial compensation is collected, instead of paying an upfront charge and having extra fees due at particular points along with the legal procedure.

If you and your lawyer disagreed on a contingency fee in advance and you lose your case, you will owe nothing.

What is a lawyer’s typical contingency fee?

Relatively to a set fee, attorneys typically charge a percentage of the case’s final settlement. When a case settles without going to court, the average personal injury lawyer charges 33%; the average personal injury lawyer charges 40% when it goes to court. The typical legal cost for an employment lawyer is 40%.

Which kind of lawyers works on a contingency basis?

Depending on his profession, almost every lawyer can work on a contingency fee basis. However, it is solely intended for use in a civil action. This type of payment agreement is not permitted in criminal proceedings. Personal injury attorneys that do not charge their clients until they win are more likely to accept a case on a contingency basis. Large businesses and medical malpractice actions might result in award amounts exceeding $100,000 in personal injury settlements. Using the previous example, a lawyer would be left with $50,000 after charging a contingency fee of 33 percent on $150,000. The money comes immediately out of your settlement when it is received. Attorneys offer contingency fee agreements to clients whose cases appear likely to succeed based on their risk assessment and how much effort it would take to win. The lawyer’s time and resources will not be well spent if he spends more on operational procedures, deposition fees, and other charges than earnings.

How much does a contingency fee agreement cover in terms of fees and expenses?

Personal injury attorneys often cover case fees and expenditures. When the lawsuit is over, the client’s portion of the settlement or judgment will be reduced by the entire sum of the charges and expenses. A personal injury lawyer has the unusual option of charging a client once costs and bills are due.  In the course of personal injury litigation, prices included are:

  • Records of medical treatment
  • Fees for expert witness
  • Reports from the police
  • Fees for submitting documents
  • Postage
  • Investigators
  • Depositions
  • Transcripts
  • Exhibits in court

Contingency fees may be deducted from your taxes:

There are so many ever-changing factors that it’s impossible to come to a definitive decision unless all the facts of a specific case are thoroughly examined. You should consult an expert accountant or tax lawyer about contingency fee tax deductions because rules differ by state and federal jurisdiction.

The tax regulations are a little more evident when it comes to settling a case. The whole settlement amount is not taxed if you receive it as compensation for personal bodily injuries or physical illnesses. You did not claim an itemized deduction for medical costs in previous years. However, the Internal Revenue Service (IRS) advises against including settlement money in your taxable income.

Cons of a Fee-On-Cash Agreement:

If you don’t have the cash on hand to pay an attorney upfront, the no-fee policy is an excellent option. However, there are certain disadvantages.

  1. First, if you pay an attorney on a contingency fee basis, they may get paid more than if you paid them by the hour. It is especially true in circumstances where the solution may be found with a few phone calls and written correspondence.
  2. Attorneys may be reluctant to accept a less-promising case even if it has a probability of victory since they lose nothing if you lose your case.

Where Can I Find a Local Contingency Lawyer?

A Philadelphia personal injury lawyer may help you with your employment, civil, or individual injury case. Another option is to go to the website of the state bar organization in your state for further information. Go to your county’s or city’s website to get a list of attorneys in your region.

If you know of someone who has gone through a similar situation to yours, reach out to them and ask for the name of their lawyer. Other lawyers may recommend you to someone who can help you out of kindness.

Getting the legal assistance, you require does not have to drain your financial account or add to your already high level of anxiety. When you hire a lawyer on a contingency fee basis, you access the whole legal system. Click here to contact our office if you have any concerns or queries. If you need our assistance, don’t hesitate to contact our law firm.

Why You Should Utilize A Free Consultation

Why You Should Utilize A Free Consultation

Many consumers use search engines like Google, Bing, or others to find a law firm that specializes in the type of legal work they require or one who is nearby when they need legal assistance. Although initial consultations are usually free, there is a limit to the amount of information you may obtain from a potential lawyer during one. In this article, Philadelphia Injury Lawyers P.C. explains why you should take advantage of a free consultation.

What Exactly is a Legal Consultation?

It is an opportunity for potential clients with legal issues to speak face-to-face with an attorney and explore their options. Discussions on the specific sort of legal aid you require might take place here. For whatever reason, whether it is a real estate or DUI or other civil, business, personal injury, or family law concern, now is the time to tell the lawyer what it is that you need help with.

The lawyer will question you about your legal needs throughout the meeting. Here is a quick overview of what you need. However, you must keep your statement as simple as possible.

What Purpose Does a Legal Consultation Serve?

Based on your needs, many lawyers give both free and compensated consultations to their clients. However, it’s important to realize that attorneys won’t offer legal advice unless they’ve been engaged by the person seeking it. For various reasons, including those imposed by their malpractice insurance carriers, attorneys do not provide legal advice without first being engaged.

If you have a particular legal question that you hope the attorney will answer in the consultation and do not expect to require more work, the attorney will charge a minimal fee for the consultation. In some situations, you’ll pay a consultation fee in advance and get answers to your legal issues after the meeting.

Most other consultations are completely free. For example, whether you’re considering hiring an attorney, a free consultation isn’t to provide you with legal advice but rather to let you decide if you want to work with them and let them know if they can assist you in achieving your legal goals.

How is an Initial Consultation with a Lawyer Conducted?

During your first meeting with the lawyer, they will likely ask you to summarize the legal issue you need assistance with. A concise description is all the attorney needs at this time, not the entire tale. The attorney will ask a series of questions to find out:

  • The type of legal problem you’re facing
  • Choices available to you in the legal system
  • To what extent an attorney will be able to help you
  • You’re chances of success
  • The time and money it will take to reach your goals

Attorneys attempt to avoid going into more detail than is required at this time in the case. Even if you decide not to engage an attorney after the first appointment, more fact collecting will occur if you do. As soon as your lawyer gets a firm grasp on the facts of your case, they will inform you of your legal alternatives, the likelihood of your success in attaining your objectives, and the likely cost.

The lawyer will typically inform you of the next stages in your case and provide you with an estimate of the cost, either in terms of a flat fee or a percentage of the final settlement. A retainer serves as a payment to the attorney as a down payment.

It is an excellent opportunity to ask the lawyer any questions you may have, such as regarding their previous experience with situations similar to yours. In general, attorneys won’t answer specific legal questions until you engage them. Still, they may answer basic legal inquiries to help you decide whether or not to proceed with your case in the future.

What is a No-Obligation Legal Consultation?

Victims of personal injury accidents frequently believe they cannot sue the responsible party because they lack the financial resources to do so. As lawyers, we recognize that when you contact us, you are facing a difficult financial situation.

In order to help people, we provide free consultations. Visiting our office, telling us about your situation, and asking us all the questions you want are all welcome. If you decide not to work with us, you are under “no obligation” to do so. Even if we gave you a free consultation, you’re under no obligation to hire us if we didn’t think we could help you.

If you hire us after our free consultation, we will not be paid unless and until we win your case, like many other personal injury firms that work on a contingency fee basis. Unless we win your case, you owe us nothing.

What is a Paid Consultation for Legal Advice?

Paid legal consultations are designed to address your particular legal questions and take action on your behalf. An attorney-client relationship is formed between the client and the attorney during paid appointments. The drafting or review of a contract, filling out our legal forms, and obtaining case-specific information you require on particular alternatives and actions for your situation may all be accomplished with the help of a paid legal consultation.

Unless you’re looking to hire an attorney for a long-term project, you may expect to pay a minimal price for a consultation with an attorney who will answer your questions in return for payment.

How to Choose the Right Attorney?

The relationship between an attorney and a client is crucial. As a result, you must work with an attorney with whom you get along and have confidence. When choosing an attorney, consider the following factors:

  • Verify that the lawyer knows the area of law in which you want assistance;
  • Look for a lawyer who is approachable and doesn’t speak down to you or use legalese while communicating with you; and
  • Choose an attorney who will be honest with you about your chances of success and the accompanying costs—do not employ someone only interested in making you happy.

Do you have a legal issue that you need help with? Experienced lawyers at Philadelphia Injury Lawyers P.C. can help you. Read on to learn more.

What To Do After Getting Involved in a Bike Accident

What To Do After Getting Involved in a Bike Accident

Accidentally colliding with another vehicle while riding is something that the majority of people have never done before. It’s more probable that you’ll incur broken bones or see blood from wounds or scrapes in a bike collision than it is in the majority of vehicle accidents. Maintaining one’s composure and rational reasoning when confronted with such an event is difficult.

Whether for recreational purposes on the paths or for serious training on the roads, cycling will expose you to some risk. Accidents involving bicycles are generally minor inconveniences such as abrasions and scratches, but they may be life-threatening ordeals in rare instances.

When bikes and automobiles are engaged in an accident, it’s a scary experience. The fact that automobiles are rarely involved in bicycle accidents is convenient. If you were the one who was riding the bike at the time of the accident, Philadelphia personal injury lawyer could be a great help to you.

When it comes to compensation for your injuries and bike damage, it’s conceivable that what you do immediately after the accident will significantly impact the amount of compensation you receive. Furthermore, it may influence any legal proceedings that may develop as a result of the incident. To finish the work at hand, follow the procedures outlined below.

Wait Until the Authorities Come Before Taking Any Action

You must wait for the police to arrive on the scene before making a police report, even if you do not feel you have been injured. Several riders may not realize they have been injured until several hours after the collision has occurred. Even seemingly insignificant injuries might have life-threatening consequences in the long term. If accident victims fail to report the incident, they may never find out who was at fault.

Not attempt at all to come to a mutually beneficial deal with the taxi driver. Many drivers express regret and accept responsibility at the outset of an accident but afterward claim they were not at fault or even denied being involved in it. It is not an unusual occurrence. Maintain your composure and wait for law enforcement to come so that they may begin taking notes for the report. Another advantage of waiting for the police is that if the officers issue a ticket to the driver, it will aid you in settling your insurance claim with the company.

Your Version of Events Should be Used to Fill in the Blanks in the Accident Report  

In several instances, the police would speak to the driver while completely ignoring the rider. Take any steps necessary to ensure that your version of events is included in the police report. And don’t forget to report all injuries, no matter how little they appear to be at the time. It’s important to remember that even seemingly minor injuries can develop over time.

If the police refuse to include comments from witnesses in an accident report, there are processes to have the report amended by a judge.

Obtain the Names and Telephone Numbers of the Driver and Eyewitnesses

If you can, get the other driver’s name, address, phone number, driver’s license number, car license number, and insurance information. Attempt to hunt down the names and contact information of everyone who saw the incident and provide them with assistance. Please don’t make any inferences based on the police report because it may not have all this information. The assistance of bystanders might be invaluable if you are injured and unable to collect this information on your own.

Keep a Record of Everything That has Happened

Try to recall as many specifics as you possibly can about the accident, such as the events that led up to it, what you were doing at the time, where you were, and what the weather conditions were like at the time. It would help if you jotted down all of the facts you could get as soon as possible.

Take Photographs of Your Injuries and Keep a Record of Your Treatment

It is essential to seek emergency medical attention even if your injuries appear to be minor. If you go to the hospital to get checked out, you will have medical documentation to indicate how badly injured you were. Obtain some pictures of your injuries as soon as possible after the event to serve as proof of your injuries. Keep a journal of your physical symptoms and update it regularly to keep track of your progress.

Keep a Detailed Record of Evidence

Never attempt to repair or get your bike or other damaged property examined yourself. Leave the situation as it was following the collision. Your clothing should not be washed in the washing machine. Additionally, only your attorney should have access to your bicycle, helmet, and other protective equipment. Take photographs of the gadgets that have been damaged.

Consult with Expert Attorneys:

Motorcycle car accidents are not prevalent, and they can include complex legal issues. It is possible that you have been hurt in a bicycle accident and that you need to consult with a personal injury attorney who specializes in bicycle accidents. An attorney of this sort can do the following:

  • Make recommendations on what you should do next
  • Get into discussions with the insurance companies
  • Serve as your legal representation if you are sued

Before communicating with the insurance company, you should consult an attorney. The insurance company may use anything you say against you in the future. By submitting a letter to the insurance company from an attorney, you can prevent dealing with legal issues. It is a fact of life that most personal injury lawsuits are settled outside of court.

If the circumstances warrant it, your lawyer or law firm may be able to get the services of a bike accident specialist to conduct an investigation. They could collect measurements from the skid tracks, take photographs of the site, speak with additional witnesses, or measure and draw the accident scene, among other things.

If you have been involved in a bike accident, Philadelphia Injury Lawyers P.C. can help you. Contact us for a free consultation.

Consequences of Failing to Perform a Timely C-Section

Consequences of Failing to Perform a Timely C-Section

When it comes to childbirth, Caesarean sections are among the most often performed surgeries. A C-Section is performed when vaginal delivery is not possible or in the mother’s or child’s best interests. All operations, including C-Sections, have some risk; therefore, a doctor and their staff should carefully evaluate all of the extenuating circumstances before performing one. The health of the baby and the mother might be jeopardized if a C-Section is delayed or refused for no good reason at all. A birth injury lawyer in Philadelphia provides you with all the information you need about the consequences of not performing a timely C-section.

Why Go for a C-Section?

C-sections are used in roughly one-third of all births in the United States. A C-section may be recommended and scheduled ahead of time by a doctor. A previous C-section, an ongoing infection, or a pregnancy complication like placental abruption or placenta previa can all contribute to this. Some expectant mothers choose to plan a C-section delivery ahead of time, so they know precisely when and how their kid will be delivered when the time comes. A C-section is often necessary when labor isn’t going well, or the infant appears to be in peril.

Fetal heartbeat monitoring is used in modern obstetric facilities to guarantee that a baby’s heart rate remains constant and adequate during delivery. Regular checks by the nursing staff and the delivering Obstetrician are made on these monitor strips to look for the concerns. The doctor will frequently order an emergency C-section if they decide that the infant is in danger. Most of the time, it’s a quick fix to a possible concern, and the baby is delivered safely. Delayed action might have fatal effects when there is evident anguish.

In the following scenarios, medical practitioners may contemplate a C-section as a possible delivery option:

  • If a fetus is endangered due to lack of oxygen, 
  • If a placental abruption is possible
  • The fetus may suffer from umbilical cord compression.
  • Mother’s blood pressure is very high or low
  • The baby’s position does not allow for a vaginal birth.
  • Due to the baby’s size, vaginal birth is not an option.
  • The mother’s cervix does not dilate.
  • Extensive Childbirth

FHRMs play a significant part in deciding whether or not a C-section is necessary. In many cases, an abnormally high fetal heart rate suggests that the infant has trouble breathing (asphyxia).

The need for a C-Section may be indicated if these bouts of heart rate irregularity continue to occur. It’s a problem when a medical team isn’t ready to perform surgery until the baby is in a life-threatening state of asphyxia. The Obstetrician may be unaware of fetal discomfort since medical personnel appears to have the matter under control, or the doctor may be actively involved and intentionally decide against performing a C-section in this situation. Regardless of the outcome, the baby’s health might be jeopardized.

What Injuries Are Caused by a C-Section?

C-section births, while safer, are nonetheless fraught with dangers. While some injuries are unavoidable, others are the direct consequence of medical malpractice or mistakes made by medical staff.

Following a cesarean section, women are at risk for a variety of injuries.

Injuries Associated With Anaesthesia:

Usually, an epidural or spinal block is provided to the mother during a C-section to offer pain relief. Both the dose and the mother’s reaction to it must be considered while administering the medication. Anesthesia injuries such as the following can be caused by incorrect dosage or complications, such as:

  • Low Blood pressure 
  • Bleeding internally
  • Clots in the blood
  • Unbearable headaches
  • Abruption of the placenta

Surgical Errors in Pregnancy:

However, even though maternal surgical injuries are exceedingly rare, the consequences can be life-threatening. During a C-section, it is possible to cut or injure a neighboring organ, resulting in surgical damage. Additional surgery may be necessary to restore damage if organs such as the bladder or intestines are damaged.

Infections During Pregnancy:

After every kind of surgery, including C-sections, there’s a chance of a maternal infection developing. To guarantee that the incision site is appropriately sterilized, doctors must exercise considerable caution. Post-surgery care must include medicines and adequate wound care, among other things. Without proper treatment, the mother is in danger of contracting illnesses like:

  • Streptococcus
  • Endometritis
  • infection within the fetus
  • High Fever

If the doctor attempts a vaginal delivery when the mother is infected, the baby might pass the virus. In both vaginal delivery and surgery, infection risk must be evaluated.

Blood Clotting:

Another danger following a C-section is the development of blood clots. It is possible to avoid them by closely monitoring the mother and allowing her to walk 24 hours following surgery. If a blood clot forms, it poses a threat to the brain, heart, and lungs because it can break apart and spread throughout the body.

Hemorrhaging:

After surgery, there’s always the possibility of further bleeding. Hemorrhaging can develop after a C-section if the bleeding is not controlled. A blood transfusion may be necessary if the bleeding is severe or uncontrolled.

Injuries Resulting from C-Section Errors:

A mother can suffer birth injuries during an elective c-section, such as failing to conduct a c-section, failing to do so on time, or making an error during the surgery. Despite warning indications, doctors may choose not to schedule a C-section. One of the most prevalent reasons for requesting a C-section is the presence of fetal distress. If the mother or baby is not closely monitored for signs of pain, a delayed C-section can happen. Many injuries can occur as a result of a postponed C-section. Infants can die in the worst-case scenario.

Attorney for Birth Injury :

The labor and delivery team’s numerous members collaborate to keep the mother and child safe while giving birth. It might be the consequence of the team’s carelessness or inability to monitor mother and child care, inadequate facilities to execute the necessary operation, lack of qualified staff to respond to the emergency. If you or your kid has suffered a birth injury, you should be aware of the resources accessible to you or your loved one.

When you’re a patient, you have the right to care that satisfies generally recognized standards of excellence in medicine. The failure to do so may cause you to bring a medical malpractice lawsuit against the healthcare professional or institution responsible for it. An experienced birth injury lawyer or a law firm can provide you with additional information about your legal rights and recovery alternatives after a birth injury.

Do you know what legal options are at your disposal? Get in touch with the attorneys at Philadelphia Injury Lawyers for a free consultation.

A Comprehensive Guide to October 11 and Indigenous People’s Day

A Comprehensive Guide to October 11 and Indigenous People’s Day

Although Indigenous Peoples’ Day has been proposed as a substitute for Columbus Day for many years, the idea never gained widespread acceptance. Indigenous Peoples’ Day has gained unprecedented support in recent years, thanks to growing public awareness of European invaders’ atrocities against Native Americans and indigenous people in what would become the United States. Here, Philadelphia accident attorneys explain the significance of Indigenous Peoples’ Day and why some believe Christopher Columbus, the man often credited with discovering the Americas, deserves to lose his holiday. To learn more about the origins of Columbus Day, keep reading.

History of Columbus Day:

In 1492, Christopher Columbus sailed the oceans blue, as the ancient rhyme goes. Unquestionably, this is correct. However, a lot of the “history” that surrounds Columbus is incorrect: He did not find America (and never even arrived in North America), and most people believed the Earth was round before he even set foot on it.

First celebrated in New York City to commemorate Christopher Columbus’ 300th anniversary of the landing and honor Italian American history in 1792, Columbus Day did not become a federal holiday until the Knights of Columbus exerted political pressure on President Franklin Delano Roosevelt in 1937. The holiday was moved to the second Monday in October in 1972 by then-President Richard Nixon.

What is Indigenous Peoples’ Day?

Indigenous Peoples’ Day, honor indigenous people and their contributions to history and commemorate those who perished in genocide and Western colonialism. It also serves to remind us that Native Americans were on these shores long before European immigrants arrived. Indigenous Peoples Day was proposed as a replacement for Columbus Day at the United Nations International Conference on Discrimination Against Indigenous Populations in the Americas.

Every year, on the second Monday in October, Indigenous Peoples’ Day is celebrated on the same day as Columbus Day. Indigenous Peoples Day in the year 2021 will be celebrated on October 11.

History of Indigenous Peoples’ Day:

In 1977, during a United Nations meeting against discrimination, the initial seeds of Indigenous Peoples’ Day were sown. In 1989, South Dakota became the first state to declare a holiday in honor of the occasion. Santa Cruz, California, and Berkeley, California, also followed suit.

Up until 1937, the holiday was still known as Columbus Day. Still, many now refer to it as Indigenous Peoples’ Day in honor of the vibrant Native American culture and way of life that it commemorates.

Because it celebrated 500 years of colonial torment and tyranny by European explorers and those who settled in America, Columbus Day was always bittersweet for Native Americans. Indigenous Peoples’ Day serves as a reminder of the suffering, trauma, and unfulfilled promises Indigenous Peoples endured from Columbus Day celebrations. Thousands of years before Columbus, the indigenous people lived in prosperous, self-sufficient societies.

Every year, more states, municipalities, and cities join the campaign to have Columbus Day renamed Indigenous Peoples’ Day instead. The wonderful customs and cultures of the Indigenous People not just in America but all around the world are celebrated on Indigenous Peoples’ Day. We can learn a lot about living more sustainably from their way of life and culture.

Indigenous Peoples’ Day is observed by 14 states and the District of Columbia on October 11 instead of Columbus Day. More than 130 towns and localities in the United States observe Indigenous Peoples Day, including Arlington, Amherst, Cambridge, Brookline, Marblehead, Northampton, Provincetown, and Salem.

Which States Celebrate the Indigenous Peoples’ Day?

First recognized in 1990, Indigenous Peoples’ Day has been observed by cities and towns across South Dakota for decades. Indigenous Peoples’ Day is celebrated in the following states:

  • Alabama
  • Alaska
  • Hawaii
  • Idaho
  • Maine
  • Michigan
  • Minnesota
  • Oklahoma
  • Oregon
  • S.D. South Dakota
  • Vermont
  • The District of Columbia.
  • Wisconsin

How to Celebrate Indigenous Peoples’ Day in 2021?

To be clear, October 11 is either a federal holiday where I reside or not. What matters is that you commemorate the Indigenous peoples of America by doing the following:

Watch a Documentary:

As a result of Indigenous Peoples’ Day 2021, you’ll have a fantastic opportunity to learn more about American history and the negative impact colonialism has had on Indigenous peoples. Reconsider Columbus Day or Columbus: In His Own Words, two documentaries on Christopher Columbus might help.

Send a Letter to Your Local Elected Officials:

Several states, such as Alabama, Iowa, Louisiana, Michigan, Minnesota, and others, continue to observe Columbus Day, while others commemorate Columbus Day and Indigenous Peoples’ Day. Taking action against the Columbus Day celebration in your state may be as simple as talking to local legislators and letting them know your thoughts. If you’re celebrating Indigenous Peoples’ Day, send a letter to your city or county administration, email, share a social media post, or join a petition to oppose Columbus Day celebrations.

Attend an Indigenous Peoples’ Day Event in 2021:

On October 11, 2021, celebrations will take place around the country to celebrate Indigenous Peoples’ Day. A two-day conference with speakers and entertainment will be held on Randall’s Island in New York City on October 10 and 11, 2017… Indigenous Peoples’ Day in Boulder, Colorado, is a weekend-long celebration that includes community talks, film screenings, forums, panel discussions, and virtual activities. Investigate what events will be taking place on October 11 in your city or town so you can participate responsibly.

Investigate Indigenous Artistic Expressions:

Whether it is literature, music, or photography, art may be a beautiful and emotional method to learn about Indigenous people. To learn more about Indigenous artists, listen to this PBS collection of Native American musicians or read Indigenous novelist Tommy Orange’s “There There” The Denver Art Museum, one of the first in North America to collect Indigenous art, is another option.

Support Indigenous Communities by Giving Donations:

This year, consider giving some of your time or money to an Indigenous group as a positive way to celebrate Indigenous Peoples’ Day 2021. Make a list of local non-profit organizations that help Indigenous people and donate the one that speaks to you the most strongly. Several examples are the Native American Rights Fund (N.A.R.F.), which defends Indigenous rights and resources, and the Redhawk Native American Arts Council, a non-profit Indigenous arts and culture organization.

The Significance of Indigenous Peoples Day:

  • It pays respect to those who came before us:

In honor of the indigenous people who lived in North America thousands of years ago, Indigenous Peoples’ Day is observed.

  • There is the acknowledgement of indigenous cultures in it:

Indigenous Peoples’ Day celebrates the rich indigenous cultures, customs, and lifestyles found throughout the world.

  • It supports the indigenous population:

For today, we show our solidarity with and support for indigenous people everywhere. To that end, we should lend a helping hand to those making investments in and improving indigenous communities.

Philadelphia Personal Injury Lawyers is a law firm that believes in inclusion, acceptance and diversity. If you have suffered personal injury or been discriminated against, get in touch with an experienced lawyer for a free legal consultation here https://philly-injury-law.com/.

How to Prove the Other Driver Was Texting and Driving

How to Prove the Other Driver Was Texting and Driving

Accidents involving inattentive driving are all too common. Thousands of people suffer life-threatening injuries, property loss, and wasted time due to the recklessness of others. Texting accounts for nearly a quarter of all negligent driving accidents in the US.

Nearly 80% of all car accidents in the United States today are caused by distracted driving, including talking on a cell phone. Distracted driving is most often caused by cell phones. According to the National Safety Council, 800,000 people in the United States are distracted while driving because they are using their phones.

Drivers distracted while driving are more likely to be involved in traffic collisions. Twenty years ago, texting and driving was a very uncommon occurrence. Now it is one of the major causes of death for teens and young adults. There are a record number of young deaths resulting from distracted driving, and this is a tragedy that could have been avoided.

Impaired driving incidents seldom result in death, but many do result in serious injuries. Several techniques to prove a driver was texting or inattentive at the time of the accident may surprise you. Distracted driving is a topic that law enforcement, legal firms, and courts have “come up to speed” on.

There are various methods to prove that a driver was inattentive when they hit you, and our Philadelphia car accident lawyers explain them in the section below. Accident victims often use this type of evidence to enhance their claims, even if it isn’t always possible to establish conclusively.

Distracted Driving Can Take Many Forms:

Distracted driving refers to a variety of behaviors, not just using a cell phone while driving. When compared to other distractions, texting while driving is one of the most common and dangerous. Distracted driving can take various forms, all of which are harmful. Examples of common examples are as follows:

  • The act of consuming something
  • Looking in the mirror to see how one looks
  • Reaching for things on the console or in other seats
  • talking to other passengers, especially children
  • Changing the radio station or GPS settings
  • looking for information in books or other sources
  • Using cosmetics such as eye shadow, lipstick, eye drops, and contact lenses.
  • Rubbernecking
  • Daydreaming

How to Prove the Driver was Negligent:

The following tactics are commonly used to prove that someone was texting while driving:

The Information Stored on Cell Phones:

To prove that another driver was texting while driving at the time of the accident, you can petition to use mobile phone records in your case. You’ll need the assistance of an expert attorney if you want to get a careless driver’s cell phone records. Car accident attorneys know the process to have access to mobile phone records that the average person does not.

Trail of the “Electronics”:

In today’s society, a single cell phone contains a plethora of modern technology. Distractions such as instant messaging, email, online browsing, and social media activities will not appear in standard cell phone records. However, in general, these items leave a digital footprint. There’s a chance you may trace the source of your distraction back to the moment of your mishap. In certain cases, hiring experts who can help locate technological evidence of distracted driving may be helpful; in others, subpoenaing data records may suffice.

Eyewitnesses:

Bystanders, other drivers, and pedestrians are examples of potential witnesses. Witnesses should come forward as soon as possible. To testify regarding the texting while driving activities they observed, your witnesses may need to be subpoenaed in some situations.

Officer’s Statement in the Case:

The more detailed the police report states that the other driver is at fault and careless, the more chance you have of proving impaired driving in court. The police reports must be filed as soon as possible after the incident and include specifics about the accident’s circumstances. In some cases, having a police officer testify in your favor can help you win your case.

Feed/Video Footage from the Security Cameras:

A police dash camera, a cell phone, or an intersection security camera may have captured video of the auto accident, depending on where it happened. It’s possible that other motorists captured it inadvertently. If you hire a lawyer, he can get all of these videos and use them as proof of negligence. They can ask the owners of the cameras to provide us with any footage they have to determine if it has the proof needed.

Reconstruction of an Accident:

The work of an accident reconstruction expert might help determine what happened when the vehicle hit the ground. After careful investigation and reconstruction, they’ll be able to show that the accident was caused solely by a negligent motorist. Distracted driving is a serious offense that a professional should only handle, which is why you should speak with a skilled distracted driving attorney about your specific case.

Texting and Driving: Who’s Liable?

All motorists have a legal obligation to drive reasonably to avoid causing harm to others. Texting while driving, for example, is considered negligent when someone does it on purpose with the knowledge that it is risky. The careless driver (or, more precisely, their insurance company) is legally responsible for compensating the victim for all losses or expenses associated with their acts if it can be demonstrated that your injuries and damages were caused directly by them.

Most of the time, the insurance company will do all in its power to avoid guilt or place some of the blame on you. But even if you have compelling proof, they will not be compelled to settle fairly or negotiate with you unless they are certain that your lawyer is prepared to take them to court.

Unfortunately, it would help if you bore the burden of proof, which is why having a lawyer on your side is so important. Don’t hesitate to contact our law firm for more information about your legal matter and how our law company may assist you.

How Can a Car Accident Lawyer be Helpful?

If you have been injured in an accident caused by a negligent motorist, you must contact an attorney right away. You’ll need legal counsel from the beginning. If you don’t have to go backward, the process goes considerably more quickly and smoothly for you.

Because every case is unique, you should consult with an experienced car accident lawyer. There is no guarantee that you will be compensated because you have been wounded. You must show that the defendant was careless. When it comes to proving negligence, an experienced lawyer will be far more efficient and successful than you could be.

The attorneys who specialize in careless driving cases are well-versed in the procedures for filing a claim with the insurance companies involved and, if necessary, bringing a lawsuit against those businesses. Regardless of how hard the insurance companies battle, you will be able to collect the full amount of compensation to which you are due if you have a lawyer on your side fighting for your legal rights.

Consult with a lawyer to avoid adding legal stress to your plate while coping with car accident injuries, vehicle damage, medical bills, and maybe the loss of a loved one. Contact Philadelphia Injury Lawyers for a free consultation.