Law Office of James R. Nethercut, P.A.FindLaw IM Template2023-11-23T15:00:30Zhttps://www.jnethercutlaw.com/feed/atom/WordPressOn Behalf of Law Office of James R. Nethercut, P.A.https://www.jnethercutlaw.com/?p=468102020-12-22T21:23:04Z2020-12-22T21:22:58ZUnderstanding PTSD
As you heal from any physical injuries you sustained in your accident, you may falsely believe that you have fully recovered from your experience. However, taking account of your mental health may reveal persistent emotional angst because of the trauma of your accident. According to the American Academy of Family Physicians, it is normal to feel uneasy about driving after your car accident, but when your emotions worsen it could indicate a more serious problem. Some signs of PTSD include the following:
Nightmares or vivid recounts of your accident
Fear of driving
Anger or changes in your personality
Rebuilding confidence
Regaining your confidence to drive will take time. One option you have is to work with a therapist to process your emotions and learn about how to cope with trauma. Your participation in therapy can help you find solutions to manage your triggers and prevent debilitating emotions from upending your life.
When you feel comfortable enough to drive again, consider asking someone to accompany you. You could ask a family member or friend to join you and practice driving in a place with minimal traffic. When you need to drive to appointments or other commitments, give yourself ample time to drive without rushing so you can focus on driving safely without the pressure of running late.]]>On Behalf of Law Office of James R. Nethercut, P.A.https://www.jnethercutlaw.com/?p=468052020-12-07T23:27:15Z2020-12-07T23:27:08ZWatch out for ice
Perhaps the most obvious danger during the wintertime for your elderly family member is the possibility of slipping and falling on ice. According to Care.com, experts recommend that you focus on getting your family member a good pair of winter shoes with significant traction and non-skid soles. If your loved one requires walking assistance, check the condition of his or her cane tip or walker and replace worn rubber.
Encourage your family member to avoid going out unless the roadways and sidewalks have cleared. If they must go out, try to arrange to accompany them and provide stability and assistance. Once your family member returns home, encourage immediate removal of wet shoes to reduce the risk of slipping and falling indoors.
Get immediate help
Plan ahead for the possibility of a fall so you have a plan in place to get your family member immediate help. Make sure your loved one has relatively easy access to a phone or other form of communication to notify someone of a fall. Because older people are more susceptible to injuries resulting from a fall, a timely response to the call for help can be a matter of life or death for your family member. Getting medical help even for unseen fall injuries can prevent deterioration of your family member's health.]]>On Behalf of Law Office of James R. Nethercut, P.A.https://www.jnethercutlaw.com/?p=468002020-12-01T00:59:28Z2020-12-01T00:59:22ZCommon reasons for the denial of workers’ comp benefits
If an insurance company denies a workers’ compensation claim, it should explain its reasons for doing so in the denial letter. According to FindLaw, while reasons for denial run the gamut, the most common explanations are as follows:
Failure to report an injury within the timeframe specified by state law
Failure to file a claim within the specified timeframe, which is typically between 30 and 90 days
Filing a claim for a non-compensable injury, such as a stress-related injury
Failure to obtain recommended medical treatment
Lack of evidence that proves an injury is work-related
Filing for an ineligible injury, such as one that is the result of horseplay or an outside hobby
Once a claimant identifies the reason for a denial, he or she should consult with a workers’ compensation lawyer.
Next steps
Per the Minnesota Department of Labor and Industry, the first step an injured party should take after learning of the denial is to call the insurance claims adjuster. He or she should explain the issue and try to see if the parties can resolve it through discussion.
If discussion does not result in a favorable outcome, the claimant should contact an Alternative Dispute Resolution specialist with the DLI. The specialist will work with the claimant to attempt to resolve the issue, but if further attempts fail, he or she will inform the injured party about the dispute resolution process. If the claimant chooses to proceed, he or she and the other party will go through mediation in an attempt to come to a quick and cost-effective resolution. If mediation proves ineffective, the next step is to file an appeal and submit a request for a hearing.]]>On Behalf of Law Office of James R. Nethercut, P.A.https://www.jnethercutlaw.com/?p=467952020-11-19T02:30:27Z2020-11-19T02:30:21Z91% of drivers think they drive more safely than other motorists on the road.
Many components go into being a safe driver. Still, the safest motorists understand that exercising additional caution is sometimes necessary. Here are four situations when you probably want to be extra careful behind the wheel.
1. Passing near pedestrians
Pedestrians can be unpredictable. Consequently, when you drive near them, you should assume someone may dart into traffic or otherwise create a potential hazard.
2. Maneuvering through construction zones
Construction zones are dangerous places for motorists, pedestrians, workers and others. In fact, the Centers for Disease Control and Prevention reports that more than 27,000 individuals died in construction zone accidents between 1982 and 2017.
3. Slogging through congested traffic
If you drive in heavily populated areas, you undoubtedly encounter congested roadways. You should not let slow-moving traffic lure you into a false sense of security, though. After all, if there are more cars on the road, you have a greater chance of colliding with one.
4. Driving in inclement weather
Minnesotans tend to take pride in their winter weather driving abilities. Still, when roads are icy, reducing speed and increasing focus are effective ways to avoid a serious motor vehicle accident.
Of course, inclement weather does not only occur during cold winter months. To stay safe behind the wheel, you must prepare yourself for driving in rain, fog, sleet and all other weather conditions.
]]>On Behalf of Law Office of James R. Nethercut, P.A.https://www.jnethercutlaw.com/?p=467902020-11-10T21:46:07Z2020-11-10T21:46:01Zeating behind the wheel as distracting. Indeed, the existence of drive-thru windows at fast-food restaurants might seem to imply that such action is actually encouraged. Yet a close review of the actions that go into eating while driving reveals just how dangerous it might actually be.
Eating behind the wheel causes a driver to engage in all three. They must release the steering wheel with at least one hand to grasp their food (manual), then pay attention to avoid spills on their clothing or vehicle upholstery (cognitive), which likely will require taking their eyes off the road to see it (visual). The cumulative effect of all three distractions is a driver traveling at a high speed for what may be a long distance without being fully attentive on the road ahead.
Knowing if a driver was eating behind the wheel
How are you to know of such action caused your accident? The driver may openly admit to it (not thinking that it distracted them). Other signs may be fresh stains on their clothing, or open food wrappers strewn about their vehicle.]]>On Behalf of Law Office of James R. Nethercut, P.A.https://www.jnethercutlaw.com/?p=467852020-10-28T18:45:19Z2020-10-28T18:45:10ZTruck accident near Northfield proves fatal
The merits of such a question typically do not warrant an argument due to the devastating consequences that a truck accident can produce. A recent collision on state Highway 19 near Northfield serves as a sad reminder of this fact. Per reports from the local CBS affiliate, a semi-truck and passenger vehicle traveling in opposite directions collided on the highway. The drivers of both vehicles died in the collision; authorities did not report any other injuries. An accident into who caused the collision is currently underway.
Holding employers responsible for the actions of employees
Should such an investigation determine that the truck driver was at fault, the family of the accident victim in this case (as well as those in others like it) may seek to pursue a claim against their employer. Legal principles typically assert that an employer is responsible for the actions of an employee when the employee causes an accident while in the course of executing their job duties. Proving that the circumstances of an accident involved a trucker's job duties, however, may be difficult. Thus, those hoping to support such a claim may want to enlist the services of an experienced attorney.]]>On Behalf of Law Office of James R. Nethercut, P.A.https://www.jnethercutlaw.com/?p=467792020-10-13T21:39:11Z2020-10-13T21:39:05ZHow can cold weather increase the odds of an on-the-job accident?
Working in brutally cold conditions is often very hard for construction workers. For example, a construction worker could fall through an opening in a roof that they did not see because it was covered in snowfall. Or, someone could slip and fall down due to ice. Moreover, even chilly weather can make an accident more likely. Sometimes, workers who are struggling due to the cold have more difficulty using their hands or certain tools, which can increase the chances of a mishap. Moreover, workers exposed to extreme cold can also suffer from cold stress, according to the Occupational Safety and Health Administration.
How can construction accident victims move forward?
In the wake of a construction accident, it is pivotal for injured workers to address the incident properly. Aside from reporting injuries to an employer, workers also need to explore their options. For example, some obtain workers' comp benefits that help with their injuries, while others decide to take legal action as a result of the accident. Immediately focusing on your physical, mental and financial well-being is also crucial.]]>On Behalf of Law Office of James R. Nethercut, P.A.https://www.jnethercutlaw.com/?p=467762020-09-28T23:30:59Z2020-09-28T23:30:52ZEvery year as automobile manufacturers release their new models, some of the changes they announce tout potential safety improvements for consumers. It would be wonderful to think that those safety improvements translated into fewer deaths on the road but that may not always be the case.Whether due to inadequate vehicle technologies or human error, too many lives continue to be lost in vehicular crashes. In the decade spanning 2009 through 2018, Minnesota experienced an up-and-down trend with vehicular fatalities. That trend tragically ended the 10-year stretch with an increase in automotive deaths according to records from the National Highway Traffic Safety Administration.
Total vehicular fatalities increase statewide
In 2009, Minnesota recorded 421 vehicular fatalities. Over the next five years, the number of people killed in auto accidents across the state decreased first to 411 in 2010 and then remained below 400 for a few years before spiking again to 411 in 2015. Two successive drops in deaths ensued but that changed again when 2018 saw 381 auto deaths, up from 358 the prior year.
Accident deaths cross many categories
Minnesota's challenges on the road cross a variety of categories, highlighting a broad range of issues to be addressed. In 2018, increases in vehicular fatalities included motorcyclists, pedestrians and bicyclists. Deaths in which excessive speed or drunk driving were factors also increased that year.This information is not intended to provide legal advice but is instead meant to give residents in Minnesota an idea of how many vehicular fatalities occur across the state despite advancing safety technologies and traffic laws.]]>On Behalf of Law Office of James R. Nethercut, P.A.https://www.jnethercutlaw.com/?p=467712020-09-21T18:06:48Z2020-09-21T18:06:39Zdeaths that occur at signaled intersections. How common are crashes caused by red-light runners, and is there anything that might help keep you safe when driving through them?
Red-light crash statistics
Nationwide, 939 people lost their lives in wrecks caused by drivers who ran red lights in 2017 alone. Since 2012, the number of all traffic fatalities has risen 10%. However, the number of fatal crashes caused by red-light runners rose 28% within this same span. Though safety advocates must perform more research to determine what is responsible for the uptick, there are several theories about what may be contributing to the sharp rise.
Contributing factors
Some researchers attribute the rising risks you face in signaled intersections to the same few elements. Poorly timed traffic lights are one possible contributor. Some believe that, in many communities, traffic lights, and specifically, yellow lights, do not stay yellow long enough for you or others to safely navigate an intersection.
The increase in distracted driving is also a likely contributor. When drivers use cellphones or in-vehicle technologies while driving, it may make them less aware of their surroundings and more apt to run red lights.]]>On Behalf of Law Office of James R. Nethercut, P.A.https://www.jnethercutlaw.com/?p=467682020-09-18T18:59:15Z2020-09-18T18:59:06ZA fall while at a Minnesota business establishment may enable you to hold its owner liable for your injuries and medical bills. You need to show, however, that an owner or an employee neglected to warn you about the risk of danger.When ice, snow, water or debris are present, a store's owner or manager owes a duty of care to make sure the floor and outside walkways stay clear and dry. Management may need to continuously monitor an area and place clearly visible warnings to alert customers when they need to exercise caution.
What may represent a reasonable response or warning?
As reported by ConsumerNotice.org, a store owner has a legal responsibility to prevent customers from slipping, tripping or falling. Slippery floors generally require a yellow "caution" sign to inform customers to avoid the area or proceed with caution.If a store has a self-serve drinking fountain, placing non-slip rubber mats around it may help prevent spills from accumulating. Customers avoid using broken stairs when they find them cordoned off with yellow “caution” tape or physical barriers. A leaking ceiling or falling fixtures may require a noticeable placement of warning cones to alert customers to the need for caution.
What are my rights when filing a legal action?
Injuries from a slip or fall may require medical attention. For a severe injury, you may also need surgery or rehabilitation. If you file a legal action against a store owner who neglected a care of duty to warn you of an on-premises hazard, you may claim damages for your medical expenses.If your injury caused you to take time off from work, you may hold a business owner liable for the loss of income. You may also claim compensation for the pain and suffering experienced from the fall.]]>