How To Reduce Your Risk Of Becoming Distracted While Driving

distracted driving

Distracted driving is one of the leading causes of car accident deaths in the United States. Not only that, it is fast becoming the leading cause of paralysis in young people. In 2015 alone, up to 3,477 lives were lost due to distracted driving. While some distractions are incapable of being prevented altogether, the majority of driving distractions are in your control and can be eliminated.

And as any car accident lawyer can tell you, if you cause an accident while checking your phone, you could be liable for millions of dollars in damages. And that’s the best case scenario. In the worst case, you could be involved in one of those fatal distracted driving crashes. To improve your road safety and to help reduce your risk of injury or death involving pedestrian accidents or collisions, consider the following tips for avoiding distracted driving.

  1. Avoid eating while on the road
    Eating while driving distracts you from the view of the road and reduces your ability to react promptly to sudden actions from other vehicles or animals. Eat before you get on the road or wait until after you pull over. This is especially recommended if what you’re eating is messy. Drips and spills can result in knee-jerk reactions that can be dangerous for everyone on the road.

  2. Adjust your technology before taking to the road
    Texting while driving is notorious for causing so many deadly car accidents. Typing locations into your GPS is just as distracting and forces your eyes and hands to be on the screen rather than the road and the wheel. For this reason, make sure that you have the correct location you need ahead of time and program it into your GPS before hitting the road. If you need to make any location changes, pull over to make them.

  3. Put your electronics off to the side
    When your GPS isn’t in use on your phone, it shouldn’t be near you. Phones that are on and available for use while you’re on the road are an unnecessary distraction, so why not remove the temptation to take incoming texts or calls altogether? It’s all too easy to reach over and check or respond to a text. Instead, turn off your phone or set it aside and keep your full attention on the road at hand.

  4. Secure loose objects
    Drivers can become distracted by objects that are sent rolling because of a turn or because of spilled coffee that wasn’t secured in the middle console of the vehicle. To keep your focus on the car and to keep unfortunate surprises from happening in your car, keep all objects, pets, and children secure in the vehicle before driving.

Distracted driving is one of the leading causes of car accidents in the United States. If you or a loved one has been injured or killed because of a distracted driver, contact a car accident attorney today for professional advice and legal help.

Applying For SSD: Are You Eligible?

workers compensationWorkers who’ve experienced slips, trips, and falls while on the job are typically provided with workers compensation benefits under their employer’s insurance. However, it’s essential to file a workers compensation claim immediately in order to be eligible.

In the unfortunate circumstance that you have been injured to the point of permanent disability while working on the job and are no longer able to work, you may be eligible for Social Security Disability.

Applying for SSD: Who is eligible? Social Security Disability and Supplemental Security Income programs both have the same qualifications for persons filing for disability. In order to be considered eligible for either program, the injured person must go through a process in order to be considered medically disabled.

Some of the medical disabilities listed in the 2017 SSD manual include the following:

  • Musculoskeletal difficulties
  • Cardiovascular conditions
  • Respiratory illness
  • Mental disorders
  • Speech and sensory problems
  • Neurological disorders
  • Multiple types of syndromes
  • Immune system disorders
  • Kidney problems
  • Digestive tract problems
  • Skin disorders
  • Hematological disorders
  • Cancer

However, it should be noted that an injured worker’s disability doesn’t have to be listed in the SSD’s manual of medical disabilities in order to be considered eligible for SSD benefits. The injured worker must simply be found medically disabled through a medical process. Another way to look at it is that the real question in any Social Security disability case is whether the workers’ physical abilities, mental abilities, and symptomatology, including pain and other limitations, interfere with work activities on a regular and continuing basis.  In other words, a worker – actually any person – is disabled if they are unable to do any competitive full-time work on a regular, sustained basis; that is, if a person is not reliable because of their physical or mental problems they are considered to be disabled.

What are the first steps I can take in applying for SSD? The application process for SSD can take up to five months. Therefore, it’s important to submit your application online as soon as you are able. To make the process easier, consider having evidence on hand proving your disability, such as medical records, test results, a list of the medications you’re taking, etc.

Additional information you should have on hand include:

  • Your Social Security number
  • Names and addresses of doctors and hospitals you’ve visited
  • Your most recent W2
  • A summary of where you worked last and what work you did at the job

Slips, trips, and falls are the second leading cause of accidental death in the United States behind car accidents. They also make up the grand majority of American workplace accidents. If you or a loved one has suffered from a workplace accident and your SSD application has been denied, contact a Social Security disability today for legal advice on what action to take next

McMahan Law Firm Wins Martindale-Hubbell’s “Silver Client Champion” Award!

 On September 19th, Martindale-Hubbell announced the launch of its new Client Champion awards and McMahan Law Firm is thrilled to announce it has been named the Silver Client Champion.

 

 The client champion awards recognize attorneys who commit to client service and make it easier for buyers of legal services to select the right lawyer.

 

 Fewer than 1% of attorneys have achieved Martindale-Hubbell’s newest award and because of YOU, yes, our amazing clients who have highly recommended us, we were honored with this award.

 

 Check out our Silver Client Champion award displayed on our Lawyers.com and Martindale.com profiles. 

 

 Martindale-Hubbell is hub for users to complete an anonymous review indicating whether they would recommend the attorney and rate that lawyer in four categories: Communication, Responsiveness, Quality of Service and Value for Money. 

 

 For more information on the Client Champion awards, visit https://www.martindale.com/marketyourfirm/mh-client-champion-award/ or register to attend our webinar on Tuesday, September 26th from 1:30 PM – 2:00 PM EDT, https://register.gotowebinar.com/register/2290103885559311874

 

 We at McMahan Law Firm, LLC take pride in representing the “underdog.” While we primarily strive to help our clients win their rightful financial recovery, we truly feel a sense of fulfillment when we help our clients receive justice from liable parties. That is why we only represent injured and disabled victims and individuals – never companies, employers, or corporations. 

 

Workers Comp Claims Part I: Carpal Tunnel’s Syndrome

workers compensationAccording to the U.S. Bureau of Labor Statistics, every year, 15,000 illnesses and injuries occur in the warehousing and storage industry. Many of these injuries are caused by repetitive stress, much in the likeness of the injuries suffered by athletes who make the same movements again and again, causing stress to the muscles and surrounding tissue.


Repetitive stress can cause inflammation and tears in a particular muscle or joint and can be very painful. One type of repetitive stress injury, or RSI, in particular that is becoming increasingly common is carpal tunnel syndrome. But what is carpal tunnel syndrome and is it possible to get workers compensation for the injury?


What is Carpal Tunnel Syndrome?
Carpal tunnel syndrome is a condition in which the median nerve and tendons in the wrist that allow you to flex your fingers become compressed and inflamed. Increased compression caused by activities with repetitive movement in the fingers such as typing, writing, drawing, painting, cooking, etc can can wrist pain, numbness, and weakness.


Carpal tunnel syndrome can happen to anyone of any age and is often treated with surgery to increase the space between the tendons in the wrist, known as carpal tunnel release. However, there are also nonsurgical treatments including rest, splints, steroid injections, and diuretics.


Does Workers Compensation Cover CTS?
As long as the injury is work-related, you may be able to file a workers compensation claim regarding your carpal tunnel syndrome. However, should you file it’s important to include as much evidence as possible that the injury was caused by your work. This is because you may run into various arguments regarding your carpal tunnel syndrome and other activities you may partake in. After all, carpal tunnel can often be caused by other activities and what you do in your free time may additionally affect your condition.


Does CTS Count As a Workplace Injury?
During the filing of workers compensation claims, one of the most common questions and debated issues includes the question of whether or not carpal tunnel syndrome may be considered a workplace injury or not. As mentioned above, a worker may do other activities in their free time, which could increase the risk of developing carpal tunnel syndrome. Unless the worker has strong evidence that the injury was in fact caused by the work alone and not because of a recreational activity or second job, the employer’s insurance company may very well deny the workers compensation claim.


If you are suffering from carpal tunnel syndrome and believe that it was caused by the activities of your work, consider consulting a workers compensation lawyer to determine if you should file a workers comp claim. Stay tuned for our blog’s Part II for further information regarding workers compensation and carpal tunnel syndrome.

Are You Prepared To Take Your Car Accident Case To Court?

personal injury attorneyEvery year in the United States, there are roughly six million car accidents. While common, a car accident can cause significant property damage to your vehicle and severe injury to your body.  If you’ve suffered from an injury from an accident, odds are you’ve decided to take your case to court with help from car accident attorneys.

However, before you can argue your case in the courtroom and aim to receive full and fair compensation for your injuries and damages, you need first to know whether you are properly prepared. The following questions will ensure that you are not only prepared to state your case, but prepared to win it.


Are all of your forms in order?
Before you can begin a court case, it is important that all of your legal documents and forms are in order and have been filled out correctly. During the litigation process you will find there is a lot of paperwork to do.  This includes, but is certainly not limited to, filing a complaint, serving the complaint on the proper parties, engaging in oral and written discovery, filing any necessary motions, and, of course, preparing a trial brief.  Be aware that each judge may have his or her own particular forms or documents you need to use as models during the lawsuit.  


Do you have your evidence?
In order to effectively and efficiently argue any case in the court of law, it is essential that you develop the liability and medical evidence in your matter. This includes any medical documentation regarding your injuries caused by the car accident, any financial documents that resulted from the car accident, photographs of the accident and damage, photographs of your sustained injuries, etc.


Do you have witnesses?
Any witnesses to the car accident are important in arguing your case.  If you are going to bring these witnesses in front of a judge or jury it is likely that your opponent will want to know something about the information they are anticipated to testify about.  This may mean these witnesses will have to sit for a deposition (sworn testimony under oath before a court reporter).  


Do you have a personal injury attorney?
While a personal injury attorney is not be a requirement when it comes to taking your car accident claim to court, they can certainly benefit your case and offer legal advice you may not be aware of. The legal process of filing your claim as well as arguing it in court and being unsure if you have everything that you need can be overwhelming. A personal injury attorney can assist you throughout the entire process. Additionally, a personal injury attorney is more experienced in court and may know what evidence provided by the defense may have been improperly obtained and what has not.  They also know how to properly gauge the range of financial value of your case in the jurisdiction and venue where the lawsuit is pending.


Before taking your car accident case to court, be sure that you are well-prepared to argue your case with the proper documentation and evidence. It is strongly recommended that you consult a law firm for legal assistance for the best opportunity to win your case and receive full and fair compensation for your injuries.

What To Look For When Choosing An Attorney

legal helpWhen you’ve been in a car accident or you’re soon to face litigation regarding your workers compensation claim, it may be a simple thing to decide that you need legal help. An attorney can assist you with deadlines, paperwork, and arguing your case in the court of law efficiently and professionally. However, choosing your legal help may seem like a more daunting task.

How do you choose a lawyer? Many Americans look toward family attorneys or friends who have experience with particular lawyers and may be able to help. But for those whose families don’t have a family lawyer, you may be wondering what it is you can do to help decide which lawyer is best for your case.

Here are some qualities to look for when you’re on the hunt for legal help to defend, or fight for, your case.

  1. Communication Communication in terms of clarity as well as effectiveness is one of the biggest qualities you want to look for in an attorney. It’s one thing if a lawyer is experienced, but if your lawyer isn’t clear and straight to the point it may be difficult to understand them. This can lead to a slew of problems on your end if you’re unsure of what documents you should be providing your attorney and at what time.Therefore, when choosing an attorney or law firm be sure that you are able to understand them and that they’re able to quickly getting in touch with you. A good sign that a lawyer is bad at communication is if it’s been days since they’ve returned your initial call.

  2. Experience While experience isn’t always necessary when it comes to choosing a good lawyer, it’s good to have one that is well-versed in the material. The most common personal injury cases include product liability at 5%, medical malpractice at 15%, and motor vehicle accidents at a hair-raising 52% according to the U.S. Department of Justice. If your case is one of these three types of personal injury cases, it might be easy to find experienced legal services. However, as long as your attorney understands the differences in the cases and any tax implications, you should be in the clear.

  3. Availability and punctuality The last thing you want to feel when you’re going through a court case is a sense of unimportance. Therefore, when looking for legal advice take note of the availability and the punctuality of the attorney you’re meeting with for a consultation. You want to be sure that you’ll be able to get a hold of your lawyer in the event of a change or emergency. Punctuality is also good manners so if your attorney isn’t punctual, you can usually tell where you fall on their list of present values.

  4. Rapport Another thing to look for in an attorney is whether or not you get along with them. While you don’t have to be friends, a sense of professional understanding and likeness should be present between you and your lawyer if you’re the one who is choosing them for the case.

  5. Professional standing Like with all businesses, check with past clients for their review of the lawyer’s legal help and skill. Past clients will know first-hand if the lawyer you’re thinking of choosing for your case is really a good choice and will be able to inform you of whether or not their personality is a facade.

Looking for legal help in the event of litigation doesn’t have to be difficult. Ask around your community for the names of particular lawyers and during consultations pay attention to the style and personality of the attorney in order to find the best fit for you.

Suffered From a Motorcycle Accident? Why You Should Hire a Personal Injury Attorney

motorcycle accidentsMany personal injury cases come from the road. In 2015 alone, a devastating total of 3,477 lives were claimed by distracted driving. Motorcycle accidents are particularly deadly as a motorcycle doesn’t offer the same safety as a regular car. Because of this reason, it’s notably beneficial to hire a personal injury lawyer to argue on your behalf during your case.

Why hire a personal injury attorney? It’s true for certain cases involving motorcycle accidents you may not need to hire a personal injury attorney. However, being your own attorney means understanding the language of the court as well as the nature of the paperwork. If you’re unable to follow the procedures or unable to keep up, you may very well lose your case. A personal injury lawyer is experienced in the court of law and can understand complicated legal procedures and terms you may not know.

Additionally, as a victim of a motorcycle accident, you may be suffering from further emotional trauma. As a result, your anxiety may influence how you fight your case in court. A law firm is objective in its goal. Personal injury attorneys are unlikely to make hasty decisions and are analytical in their actions. What you may assume to be a good offer may very well be a trap; a personal injury attorney can help you recognize that.

Compensation Depending on the cause of the accident, you may be able to receive compensation either from the manufacturing company of your motorcycle, from the driver who caused the accident, or from your work if you were using your motorcycle while on the job. A personal injury attorney will be able to assist you in identifying what compensation may be available to you. Even if there are extenuating circumstances or if the fault of the accident falls on the shoulders of the bike’s manufacturer, a personal injury lawyer can assist you in knowing the best way to legally proceed.

Cost Not hiring a personal injury attorney can actually cost you money in the long run. Unless your attorney says otherwise, attorneys don’t often make money on your case unless it’s won in court. Therefore, hiring a personal injury lawyer gives you a better chance of winning your case without the risk of losing money.

Motorcycle accidents are extremely dangerous and surviving one may very well be considered a miracle. A personal injury lawyer guarantees that miracle is not put to waste.

Why You Need a Lawyer for Workers’ Compensation

workers compensation attorneyWorkers’ compensation often called, “workers comp,” is a type of insurance that protects and compensates employees who are hurt, injured, or become ill on the job. In 2015, private industry employers in the U.S. reported approximately 2.9 million nonfatal workplace injuries and illnesses. Many employees hurt on the job attempt to handle their own case without hiring a workers compensation lawyer. This is not always advisable because the process can be tedious, frustrating, and oftentimes, very complicated. It is in your best interest to call a workers compensation attorney immediately after the injury so that proper medical documentation can be noted on your file, and you ensure you are taking the right steps to get the care you deserve.

Although workers’ compensation insurance is guaranteed by law in almost every state, workers find that it can be quite difficult proving that their injuries fit the strict criteria for receiving this benefit. Workers comp also covers problems and illnesses that are developed over a long period of time on the job, for example, carpal tunnel syndrome or back problems resulting from some sort of repetitive movement at work. This can also be extremely difficult to prove on your own. An experienced workers compensation lawyer will have in depth knowledge of the insurance policies and the companies that manage them. They will help you determine whether or not you have a case, as well as how much in workers’ compensation benefits you are owed.

If you are still unsure about whether or not a workers compensation attorney is needed these are the situations in which you must consider legal representation or face the risk of losing proper medical care, financial compensation, or even your job.

  1. Your Claim Has Been Denied
  2. You Are Not Able To Return To Work
  3. You Have Suffered Severe Injuries
  4. You Have Pre-Existing Conditions
A lawyer who specifically knows the laws and policies in place for workers comp can only help you when moving forward with your claim. Most will provide free consultations, and this will give you the time to check references, their past claim successes or failures, and get a real idea of whether or not you have a compensable case. Getting hurt on the job is a possibility whether you’re working in construction or at the office. By representing yourself you are possibly denying yourself all the money and care you are entitled to. To have a general idea of your workers comp rights is usually not enough. Workers compensation is there to do just that, compensate you. Take full advantage by hiring an expert who understands the best course of action and all the options available to you.

McMahan Law Firm, the “Go To Guys” can help with your workers compensation case. Give us a call today.

Why You Need a Lawyer for Workers’ Compensation

Workers’ compensation often called, “workers comp,” is a type of insurance that protects and compensates employees who are hurt, injured, or become ill on the job. In 2015, private industry employers in the U.S. reported approximately 2.9 million nonfatal workplace injuries and illnesses. Many employees hurt on the job attempt to handle their own case without hiring a workers compensation lawyer. This is not always advisable because the process can be tedious, frustrating, and oftentimes, very complicated. It is in your best interest to call a workers compensation attorney immediately after the injury so that proper medical documentation can be noted on your file, and you ensure you are taking the right steps to get the care you deserve. Although workers’ compensation insurance is guaranteed by law in almost every state, workers find that it can be quite difficult proving that their injuries fit the strict criteria for receiving this benefit. Workers comp also covers problems and illnesses that are developed over a long period of time on the job, for example, carpal tunnel syndrome or back problems resulting from some sort of repetitive movement at work. This can also be extremely difficult to prove on your own. An experienced workers compensation lawyer will have in depth knowledge of the insurance policies and the companies that manage them. They will help you determine whether or not you have a case, as well as how much in workers’ compensation benefits you are owed. If you are still unsure about whether or not a workers compensation attorney is needed these are the situations in which you must consider legal representation or face the risk of losing proper medical care, financial compensation, or even your job. Your Claim Has Been Denied You Are Not Able To Return To Work You Have Suffered Severe Injuries You Have Pre-Existing Conditions A lawyer who specifically knows the laws and policies in place for workers comp can only help you when moving forward with your claim. Most will provide free consultations, and this will give you the time to check references, their past claim successes or failures, and get a real idea of whether or not you have a compensable case. Getting hurt on the job is a possibility whether you’re working in construction or at the office. By representing yourself you are possibly denying yourself all the money and care you are entitled to. To have a general idea of your workers comp rights is usually not enough. Workers compensation is there to do just that, compensate you. Take full advantage by hiring an expert who understands the best course of action and all the options available to you. McMahan Law Firm, the “Go To Guys” can help with your workers compensation case. Give us a call today.

MIGRAINE HEADACHES AND DISABILITY

If you have chronic migraine headaches you may be a candidate for Long-Term Disability and Social Security Disability. Migraine headaches can be incapacitating and disabling. “A migraine is defined as a condition that is marked by recurrent, usually unilateral severe headache often accompanied by nausea and vomiting and followed by sleep…that is uncertain in origin…” Cecil v. Reliance Standard Life Ins. Co.,7:05CV00003, 2005 WL 2291225 *5 (W.D. Va. Sept. 19, 2005). Indeed, “it is accepted wisdom that a person who experiences severe migraine headaches multiple times a week cannot maintain a regular work schedule.” Id., at *4. However, migraine headaches are particularly unsusceptible to diagnostic testing. See, e.g., Ortega v. Chafer, 933 F.Supp. 1071, 1075 (S.D.Fla.1996) (present-day laboratory tests cannot prove the existence of migraine headaches); McCormick v. Secretary of Health and Human Services, 666 F.Supp. 121 (E.D.Mich.1987) (migraine headaches not traced easily to an objective medical condition), affd, 861 F.2d 998 (6th Cir.1988). As stated in Wiltz v. Barnhart,484 F. Supp. 2d 524, 533 (W.D. La. 2006): “Since there is nothing to ‘see’ on an MRI, x-ray, CT scan or blood test, courts look to other objective medical signs to determine whether the claimant’s complaints are consistent with the existence of disabling migraine pain, including whether the claimant’s migraines are accompanied by drowsiness, dizziness, nausea, vomiting and blurred vision, whether the claimant has been prescribed medication for migraines and the associated symptoms of nausea and vomiting, whether the plaintiff is sensitive to light (photophobic) or sound, whether the claimant has received continuing and regular treatment for migraines – including outpatient and emergency treatment – and whether the claimant’s symptoms are consistent with those of migraine headaches.” Fortunately, the law recognizes that for disability matters like migraine headaches which involve chronic pain, because such pain is subjective, the “objective” evidence is to be found in the underlying medical condition. If such condition objectively exists, and if pain would “reasonably be expected” to result from such conditions, then it is an abuse of discretion for an ERISA plan administrator to bar claims such as this from approval. See, e.g., Saffon v. Wells Fargo LTD Plan, 522 F.3d 863, 873 (9th Cir. 2009); Patrick v. Hewlett-Packard, 638 F.Supp.2d 1195, 1214-15 (SD Cal. 2009);Montour v. Hartford Life & Acc. Ins. Co., 588 F.3d 623, 635-36 (9th Cir. 2009).