Automobile Accidents FAQs

Who pays if I incur an injury due to an auto accident?
If you are to blame for an accident, your liability insurance will pay the other driver for property damage and personal injuries up to your policy's limits. If you are not at fault, the other driver’s liability insurance pays for your car damage and personal injuries.

What should I do if I did not feel hurt at the scene of an accident, but experienced pain afterwards?
You should immediately consult your medical provider regarding any pain, discomfort or possible injuries from the accident, even if you think they may be only minor injuries. Even if you did not complain of injuries at the scene of the car accident, if you were injured in the accident from someone else's negligence, you may be entitled to payment of your medical bills, compensation for pain and suffering, lost wages, loss of earnings capacity, and emotional distress. You should contact an attorney at Younce & Vtipil to discuss whether you need representation on your claim.

I received a personal injury as a result of hitting a pothole with my car. Who is responsible?
Damage caused by improper maintenance or repair of roads and highways may be the cause of damage to your vehicle. Generally, responsibility lies with the government agency responsible for this maintenance. If it was a pothole in a city street, the city may be responsible.

My insurance company is offering me a nice settlement for my car accident. Should I take it?
No. Tell the insurance company that you will get back to them. In the meantime, contact an attorney at Younce & Vtipil immediately. An insurance company may offer a minimal amount of money in return for your signature stating that you will not sue them. Never take an insurance check without first consulting an attorney.

What issues will I face in making a claim for my injuries sustained in an automobile accident? 
A claim for injuries is usually based upon carelessness or negligence. In worse case scenarios, it is based on an intentional or reckless act. The three categories of issues that typically arise in a tort claim after an automobile accident are:

Liability – who is at fault and to what degree.
Damages – injuries or losses that were caused by the accident.
Insurance Coverage – whether the insurance company provides coverage to the at fault party.

How will I pay for my medical bills?
If you have been injured, you will likely have medical bills from physicians, hospitals, physical therapists, and other health care providers. Those bills will be in your name and will usually be sent to your address. You are primarily responsible for paying your bills, regardless of the cause of your injuries. The at-fault person's liability insurance carrier is responsible for paying you reasonable compensation for damages incurred, which includes medical bills, but the insurance carrier is not responsible for paying your doctors, hospitals, and other providers. Sometimes the amount the insurance company is willing to pay is far less than the actual amount you owe. You need an attorney who fill fight for your rights with the insurance companies to ensure that you are fully compensated. Contact Younce & Vtipil today to discuss your course of action.

Am I at fault if I rear-end another vehicle?
Almost always, yes. The law states that you must maintain a safe distance to be able to stop safely if a car stops in front of you.

* If we can be of service to you, your family or friends, please do not hesitate to call us at 1-800-811-9495 for a free consultation.

Trucking Accidents FAQs

What are some of the most common tractor trailer accidents?
The most common types of tractor trailer accidents are:
Head on collisions
Rear end collisions
Broadside collisions
Center lane crossover
Lane change collisions
Jack-knifed trucks
Loss of control of vehicle
Hit and Run

Is there a difference between a tractor trailer accident and a car accident?
Trucking accidents are different from auto accidents in many ways, one of the most serious being the extent of damages and injuries when a truck and an automobile collide. Because big rigs, 18 wheelers and tractor-trailers can weigh in excess of 80,000 pounds, a trucking collision can have deadly consequences.

Are there additional laws that apply to truckers to keep the roads safer?
There are unique laws and regulations that are designed specifically to protect motorists from the negligent actions of truck drivers and trucking companies. Federal and state regulations require truckers to have adequate rest to prevent driver fatigue on the highway. There are also other specific rules for trucks including proper loading of the materials the truck is carrying and safety rules on traveling speeds and when passing other vehicles.

Are there any federal regulations governing truck drivers? 
Trucking companies are required to follow the Federal Motor Carrier Safety Administration’s regulations concerning equipment and hours of service. Truck drivers are also required to maintain a driver’s log; however the timeframe is limited. Federal regulations require commercial trucks to carry certain levels of insurance coverage, depending on the nature of materials hauled. These regulations protect victims of large truck crashes from truck owners who may not have the financial resources to pay damages out-of-pocket.

How do I recover compensation for damages in a tractor trailer case?
In order to get compensation, an attorney will need to show the truck driver failed to use due care in the operation of the truck. Typically, in cases where serious injury has resulted, a plaintiff will have claims for pain and suffering, negligent and/or intentional infliction of emotional distress, and loss of consortium.

How soon do I need to bring a case in a tractor trailer collision?
You need to contact an attorney at Younce & Vtipil as soon as possible. In truck collisions, federal regulations require that certain essential evidence only be maintained for a limited amount of time. For instance, the truck driver's log may be destroyed after six months if an attorney does not obtain a court order or take other immediate action.

Who will pay my medical bills in a tractor trailer accident?
The truck company may not pay your medical bills immediately. However, your own insurance will often contain medical payment provisions to pay for bills ranging from funeral costs to x-rays. It is usually not your best interest to sign a medical release/authorization or to give a statement to the trucking company or any insurance company before contacting an attorney. Contact an attorney at Younce & Vtipil today to discuss your situation and injuries.

What are the common causes of truck accidents? 
Some of the most common causes of trucking accidents include: 

• Lack of training 
• Overloaded trucks 
• Oversized trucks 
• Brake failure/defect 
• Poor driving conditions
• Driver inexperience 
• Fatigue
• Speeding 
• Running off the road 
• Failure to yield the right of way 
• Aggressive driving behavior
• Driving under the influence of drugs and/or alcohol
• Dangerous or reckless driving
• Mechanical failure

Who can sue in a personal injury case involving a truck accident injury? 
Anyone who is injured or has had a loved one killed in a truck accident can sue as long as some other person or entity, besides the person suing, is at fault for the accident. This includes adults and children (who can sue through guardians or parents); and even truck drivers if another person or entity was at fault for the accident. 

What are the “hours of service” rules?
Under federal “hours of service” regulations, which took effect January 2004, interstate commercial drivers are not allowed to drive more than 11 consecutive hours or drive after 14 hours on duty until they have had a 10-hour break. In addition, according to federal regulations, commercial truck drivers cannot drive after accruing 60 work hours during a 7-day period or 70 work hours during an 8-day period. 

Do I need an attorney to litigate my truck accident case? 
Unless you have a very minor injury, which is rare in truck accident cases, you should retain an attorney at Younce & Vtipil. An experienced truck accident attorney can secure vital evidence before it is destroyed, and can establish liability against any potential defendants to help maximize your damage recovery.

* If we can be of service to you, your family or friends, please do not hesitate to call us at 1-800-811-9495 for a free consultation.

Nursing Home Abuse FAQs

It breaks my heart to see the care that my mother–in-law is receiving in the nursing home. What can I do? 
Bring your concerns to the attention of the nursing home. Tell them that you are documenting your concerns about what you have seen and that you will report it. Be sure to follow up on your threat.

Who do I make a report to? 
The State Department of Health in your area.

Is there a special format for reports or complaints? 
No, but you should include all of the following information with your complaint: 

• Name, address, and telephone 
• Your relationship to the resident in the nursing home 
• The resident’s full name and reason that he/she is in the home 
• Times and dates that you observed the problems 
• Names of staff who may be involved, including those that you have spoken to about your concerns 
• Any medical records relating to the abuse or an autopsy if death occurred

Should I contact an attorney about the situation? 
If you are not getting satisfactory responses or action from the home, yes you should contact an attorney at Younce & Vtipil. An attorney will investigate the situation in the nursing home and advise you on the laws surrounding the responsibilities of nursing homes.

What constitutes abuse or neglect? 
Any of the following types of behavior on the part of the nursing home constitute abuse or neglect:

• Improper diet
• Abandonment 
• Willful desertion 
• Physical abuse of any kind 
• Failing to clean dressings or be clothes
• Bed sores from failure to turn the patient
• Any other treatment that has, or could, result in physical harm, pain or mental suffering

How can I find a good nursing home? 
Talk to any and everyone that you know, so that you can get a referral. Be sure to talk with the medical personnel (doctors, nurses, social workers, etc.) who were involved in the care of your loved one. Be sure, once you have the facilities narrowed, that you request inspection reports for your review. You can get the latest report from the nursing home director. Finally, be sure to visit the home and take note of the cleanliness, staff interactions with residents, activities available, complaints logged and number of staff on duty.

* If we can be of service to you, your family or friends, please do not hesitate to call us at 1-800-811-9495 for a free consultation.

Wrongful Death FAQs

What is a wrongful death claim? 
In general terms, a wrongful death claim refers to a cause of action that may be brought by certain family members of a decedent whose death was precipitated by the wrongful conduct of another. The wrongful act that resulted in death may have been intentional, reckless, or negligent. In cases where a dangerous product caused the death, it may not be necessary to show wrongful conduct in order to recover.

Who can file a wrongful death case? 
A surviving spouse may bring a wrongful death claim. If there is no surviving spouse, the children may bring the death claim. If there is not a surviving spouse or surviving children, the parents of the decedent may pursue the wrongful death claim. Absent a surviving spouse, surviving children, and surviving parents, the administrator of the decedent's estate can sue on behalf of the estate. 

Can I bring a wrongful death action if the deceased never held a job? 
Yes, even if the decedent never held a job, they may have contributed in some other way to the family. A good example of such a decedent is a housewife, who contributes services, guidance and nurturing to her family. These contributions are quantifiable as "pecuniary losses" in a wrongful death action. 

Can someone sue for the pain and suffering of a decedent? 
Yes, in addition to the wrongful death, a decedent's family may recover damages for the pain and suffering that the decedent endured prior to death. 

What if a person dies before bringing a personal injury lawsuit? 
It depends on whether a person dies as a result of the injuries or from unrelated causes. If a person injured in an accident subsequently dies because of those injuries, that person's heirs may recover money through a lawsuit. If a person with a personal injury claim dies from unrelated causes, the claim survives in most cases and may be brought by the executor or personal representative of the deceased person's estate.

What kinds of damages are recoverable in these cases? 
Normally, the following are recoverable: 

• expenses associated with the death (medical & funeral); 
• loss of victim's anticipated earnings; 
• pain and suffering; and 
• the loss of care, protection, companionship to the survivors.

What is the first step in pursuing a wrongful death claim? 
Given that wrongful death claims and survival actions generally involve a variety of complex legal issues, the first step is to consult an attorney at Younce & Vtipil. An attorney should be consulted as soon as reasonably possible because there are statutes of limitations and possibly other critical deadlines that may impact the case. 

How long will my wrongful death case last?
The vast majority of all cases, including wrongful death cases, are settled prior to trial. Some cases are settled prior to the filing of a lawsuit, while others are settled during litigation or even on the "steps of the courthouse" just before trial. A wrongful death case, if litigated to trial, could last a number of years. One who pursues a wrongful death case should understand from the outset that a quick resolution cannot be guaranteed.

* If we can be of service to you, your family or friends, please do not hesitate to call us at 1-800-811-9495 for a free consultation.