Why Hire a Motorcycle Accident Lawyer?

Motorcycle accidents are often considered dangerous than figuring in a four-wheeled vehicle mishap. This is because the risk of the motorcycle rider sustaining serious physical injuries is greater than that of the driver in a car or truck. In fact, a great number of accidents involving cars and motorcycles or object collisions, resulted in the rider of motorcycles being treated for life-threatening injuries.

There are varied causes of these accidents. It could be that the rider himself, or the vehicle he collided with, is at fault. However, there is growing evidence that some motorcycles have factory defects that may have been the primary reason why its rider lost control. If you figured in this kind of accident, or have a loved one who did, then it would be proper to demand fair compensation for injuries you may have sustained.

While you certainly have the right to file a claim for damages against those whom you believe is liable, the complex law statutes that govern motorcycle accidents, and the complicated process of litigation, sometimes makes it difficult for victims to seek redress. More often than not, the victims themselves get the full blame for the accident. Aside from this, the period allowed in the filing of a lawsuit involving motorcycle accidents is so short that the victim may not have enough time to file it within the prescribed period. This is why it is necessary to hire the services of competent motorcycle accident lawyers to help you seek justice.

Motorcycle accident lawyers are experts in studying all the aspects leading to the mishap. It may be that another vehicle was at fault or the motorcycle itself had certain mechanical problems that have been present from the time it left the factory. In the first instance, the lawyer may contact the driver of the other vehicle and express your intention in seeking compensation. Negotiations may follow but if it will fail, then your lawyer can immediately file a case against the driver of the other vehicle.

If, however, the motorcycle you rode in is reputed to have factory defects, then your lawyer can seek compensation from the makers of the motorcycle themselves. There are several ways on how your motorcycle accident lawyers may proceed with your case. They may contact directly the motorcycle company officials and if the compensation offer is unacceptable, your lawyers may bring them to court.

Going up against a motorcycle manufacturer is not that easy and you need solid evidence to back up your claim. This is where the services of a motorcycle accident attorney is most valuable because he or she can gather evidence and secure witnesses' testimonies to firm up your lawsuit. They can also research on similar accidents that may have happened in the past involving the same motorcycle and seek out the victims or surviving relatives of such mishaps. They can include this information in your claim and may even decide to file for a class action suit against the motorcycle company.

Mr. Starker is an avid motorcycle rider and he has handled many motorcycle accident cases over the years.  If you or a friend or family member has been injured in a motorcycle accident, please contact our office for a free consultation.

Food Poisoning - Do You Have a Legal Claim?

Anyone who prepares food for others, especially those who do so on a commercial basis, has a duty of care to make and serve food that is both nutritionally acceptable, as well as considered to be fit for human consumption. Any food that is contaminated in anyway such as with glass or metal particles, or with vermin feces or parts, or food that has been poisoned or improperly stored or prepared is dangerous to the health of anyone who would consume it, and is classified as not fit for human consumption. Sometimes it is not as obvious as to why or how the food has become tainted so a review by a trained professional may be required in order to assign liability.

Failing to take certain precautions and uphold this duty could result in legal liability for those who suffer harm. This includes paying for medical expenses, a loss of income, pain and suffering, as well as any future medical bills associated with the illness, or permanent disabilities.

Victims of food poisoning do not have to prove that the person who served the food knew it was harmful, however if any employee knew of a potential problem and did not stop the food from being served, this information could prove quite helpful in a food poisoning lawsuit.

When to File a Legal Claim, and When Not To

Just because you got sick from eating food that came from a commercial establishment does not mean that you have grounds for a lawsuit, or that you should file a lawsuit. If for example, you have experienced a day or two of intestinal or stomach problems that left you a bit dehydrated, but no worse for wear, you do not really have a viable claim. Even if you still wanted to file such a claim, the benefit would not outweigh the costs, and most attorneys would not feel as though the potential damages recouped would be worthwhile.

For the most part, the majority of food poisoning cases resolve on their own, without medical intervention in a matter of a couple of days. These types of cases, if you must pursue them, could be filed in a small claims court, to seek minimal damages. That being said, if you have been severely poisoned, resulting in hospital bills, a loss of income for a month or more, permanent health problems such as muscle or nerve damage, or even a death has resulted, you have grounds for a much more serious legal claim.

Actions to Take if Food Poisoning is Suspected

If you suspect that you have been poisoned by eating food at a commercial outlet, the first thing you should do is seek medical attention. For the most part, symptoms that appear within a short period of time after eating the food are indicative of food poisoning. While it may be difficult because the restaurant will not save it for you, you should try to preserve some of the food if possible for use as evidence later. If it is found that the food poisoning is more serious in nature, the victim or his or her family or friends should contact a personal injury attorney who specializes in food poisoning as soon as possible. These professionals know how to secure evidence that will be needed at a later date, as well as obtain statements from witnesses and employees right away, before memories fade over time.

If you suspect food poisoning almost immediately after consuming the food, or even while still at the commercial outlet, you may want to talk to the employees yourself to find out if they knew about the issue, or have had other similar problems. You may be surprised by how much information you can obtain in this fashion. This type of information can help a great deal should you end up pursuing a legal claim. Not only that, anyone who was served the same food should write down exactly what they ate, as it will be important down the road and they may not remember later on. This helps to establish a strong case for the source of the contaminated food.

What to Do If You Experience Food Poisoning on Vacation

Should you fall ill while eating food on vacation, look for a personal injury attorney locally; do not wait until you are home. If you fall ill while on a cruise ship or at a resort, it is not likely that the staff or management will admit fault, and they will claim you are ill for another reason. That being said, if a large number of people on the same ship or at the same resort fall ill, then it is quite obvious the food is to blame. If the extent of the illness is not severe, a free trip, or free meals may be issued for compensation. There are no laws governing how much compensation should be given, however.

When to Hire an Attorney

If your case of food poisoning exceeds a small amount that would be handled in a small claims court, it is wise to contact a personal injury attorney who specializes in this area of the law. Since a restaurant's livelihood is based upon their reputation, do not expect an admission of guilt easily. This is where an attorney can come in quite handy. He or she is skilled in documentation and investigation into these types of claims and can easily obtain required information.

If you or someone you know has suffered because of food poisoning and you suspect negligence has occurred, it is best not to wait to contact a personal injury attorney. More than likely you may be entitled to receive damages for medical bills, pain and suffering, and even loss of income. Most personal injury attorneys work on a contingency basis, which means you have nothing to pay upfront, until the time your case is settled. You should not hesitate to take the proper steps to seek the justice you deserve. You are not only protecting yourself, but also the health of others.

If you or a friend or family member feel that you have been the victim of food poisoning, please contact Law Office of Jeffrey D. Starker, P.A. for a free consultation.

When You Need a Product Liability Attorney

Each year, thousands are injured or die from faulty products manufactured both here and abroad, or from the long-term effects of products known to cause health problems. When death or injury occur, it is necessary to hire a Product Liability Attorney. Drug companies, who now advertise to the masses with mega-million dollar advertising campaigns, attach long lists of potential side effects and potential health risks to their products. Sometimes, the lists are longer than the ad copy itself. Why? They are warning you. Warning because that despite the good their product can do, they know bad things could happen to you. They are covering their legal bases and trying to protect themselves from lawsuits.

Product Liability claims are generally based on one of these three issues: negligence, breach of warranty or strict liability. The term "Product Liability" refers to the liability of manufacturers, and any or all parties associated with that chain of manufacture for damages caused by the product they produce. This definition is broad in scope, but the actual liability of manufacturers can scroll down to the minutest detail of a product that causes it to be dangerous. Product liability cases are generally based on three concepts:

- a defect in design,

- a defect in the manufacturing process,

- the failure to warn of potential for danger.

These concepts assume that the manufacturer has carefully considered the potential and foreseeable dangers inherent in his product's design. So most claims of Product Liability are not based on negligence, but on a concept called 'strict liability'. Strict liability theory asserts that a manufacturer can be held responsible whether or not he/she acted negligently, because it presupposes that the well-off manufacturer is in a better position to assume the costs of liability than the victim and the manufacturer builds the cost of such liability into the price of his product. California was the first state to assert this theory in 1963 when it stopped requiring victims to prove negligence and allowed for compensation for Product Liability through strict liability. Strict liability theory is rarely applied to anything but manufacturing defect. It rarely includes bad designs or failure to warn. An expert Product Liability Attorney can untangle these issues for you if you feel you've been the victim of Product Liability.

For example, in Virginia a man was using an industrial nozzle and hose to wash down some machinery. The defective nozzle exploded in his face, inflicting catastrophic facial, eye and traumatic Brain Injuries. The manufacturer in China was found to be negligent and strictly liable in its manufacturing of the nozzle. One wall of the nozzle was doubly thick and the other side only a few hair-widths wide. Examination of other similar nozzles found many more examples of such a defect. The Product Liability Attorney recovered $4 million for his injured client.

"Breech of Warranty" claims in Product Liability can cover a broad range of problems. If, for instance, in advertising or marketing a product, the manufacturer makes claims that are not only untrue, they pose a danger to the user, they can be held in breech of warranty. Let's say the manufacturer of a chain saw claims that it's great for cutting turkeys. That also implies it might be useful for cutting other, non-tree limb objects. The company has given instruction on what is a reasonable expectation of the product. But when Sam Dolt uses the chain saw to carve his Thanksgiving turkey and impress his friends, the turkey not only flies off the table injuring his guests, the chain saw jumps off the metal carving plate and hits Sam in the shoulder injuring him, too, who is at fault? Sam, because he was an idiot for carving a turkey with a chain saw? Or the chain saw manufacturer for suggesting it was a good idea. Sam's Product Liability Attorney argued that under breech of warranty theory, the manufacturer is liable because he expressly stated in his marketing campaign that this was one of the product's possible uses. Sam, who does not need to prove negligence, would likely win this case.

Claims of "Failure to Warn" are often considered to be based on negligence. First, manufacturers owe a duty to the consumer to warn of potential problems. If they shirk that duty, then they are negligent. Secondly, if there is an injury and the breech of duty caused that injury, they are negligent. This is why you see little warning labels stuck to electric hair dryers that warn against using near water. The manufacturer can rightly assume that you will be using this dryer in the bathroom (where water is plentiful) and it is their duty to warn you of that potential and foreseeable danger. If they breeched that duty, that would constitute negligence on their part.

If you live in in the state of Florida and feel you have been injured because of product liability, contact an expert Product Liability Attorney in Orlando, Florida. It is important to take this crucial step as soon as possible. There is a time limit on filing Product Liability claims.

Jeffrey D. Starker, P.A. is an expert Product Liability Attorney in Orlando, Florida. If you have any questions about an accident or insurance case, please do not hesitate to contact our office for a free consultation.

How an Attorney Can Help Insurance Disputes

Accidents can be tragic, life-changing events. They are never planned for; therefore, people aren't normally mentally prepared for them, or what to do after they happen. Typically the days or weeks after an unfortunate accident are a mad scramble to seek medical help, letting one's employer know that they cannot work, finding someone to care for the pets and often times finding someone to care for their children.

When our vehicle has been destroyed in an auto accident, multiple phone calls will be made to insurance companies, and car rental companies. If the car has been totaled, someone will have to go to the wrecking yard to remove personal belongings from the vehicle and arrangements will have to be made to turn over the vehicle.

Other types of accidents not involving motor vehicles can also require extensive hospital stays. Arrangements will have to be made for someone else to care for the home, pets and the family. When the victim is seriously injured and unable to make such arrangements, someone else will have to handle things for them.

Needless to say, serious accidents can turn someone's life upside down for extended periods of time. Not only will the victim have to focus on receiving medical treatment, but they will have to figure out how they will manage their life from a hospital bed, or while convalescing at home. The last thing they should be doing is negotiating with insurance companies when they are both unqualified to estimate their claim, and when they are lacking the full physical and mental capacities to go up against large insurance companies.

After an accident, the insurance company has the advantage over an accident victim. Some victims are unable to speak for themselves due to their medical condition; they may need a spouse, family member or friend to help them. While others may be very concerned about how they are going to make ends meet, and in a rush to obtain a settlement, they may accept an offer far below what their claim is worth.

Accident victims should never represent themselves against an insurance company. Insurance companies are in the business of keeping their bottom line as low as possible, and their profit margin high. Even if you are trying to get money from your own insurance company, don't make the mistake of thinking that they are motivated to pay you more just because they are your carrier, or because you pay them payments every month.

Even though people pay premiums to their insurance company, it does not mean that their insurance company won't deny their claim, or offer them a low-ball settlement. It is a widely known fact that an insurance company is likely to offer an accident victim far less on their claim when they are acting alone, than if they had an attorney involved. A lawyer will have the resources necessary to hire vocational experts and economists that can establish your past and future losses. They can also hire independent medical experts, that will be able to have a better estimation of your ongoing medical care, any rehabilitation, or future surgeries that might be necessary.

personal injury attorney

Receive reliable, free legal advice from your personal injury attorney Orlando, Florida.  Do not underestimate the impact that a car accident can have on your life or the life of your loved one.  The impact may be long lasting and may adversely affect multiple areas such as finances, physical and emotional health and more. visit Us http://starkerlaw.com

Personal Injury Law Practice Areas
When another driver collides with your vehicle or causes an accident, that driver is responsible for the damages you sustain, whether it is property damage, personal injury, or consequential damages such as loss of work, medical expenses,etc.However, when the insurance company with their adjusters and lawyers get involved, it can be difficult to get what you are entitled. You will need to prove your case and be prepared to put on a jury trial, if the insurance company is being unreasonable. That is the only way to get fair treatment for you and your claim. But, the adjuster knows that you are not going to put on a jury trial, so it is tough to get a reasonable offer without the assistance of an aggressive and experienced personal injury attorney.So, if you have been injured in an car accident, call the Starkerlaw Office for a free consultation and case evaluation or visit us http://starkerlaw.com/

Motocycle Accidents

We have come to believe that there is no such thing as a minor motorcycle accident. If you are involved in a motorcycle accident, you will probably be seriously hurt and will need to be taken to the hospital.If you or a friend or family member has been injured in a motorcycle accident, please contact our office for a free consultation. starkerlaw.com