The Right Time to File a Personal Injury Lawsuit

Have you heard of the legal terminology statute of limitations? Do you know what this means and what is the importance of knowing the statute of limitations prevailing in the state where you live or where a particular accident happened?

Statute of limitations refer to the time frame or period of time that a person who suffered personal injuries in an accident should file a personal injury case. The law sets forth this time frame basically for two (2) reasons. First is to give the victim the necessary leeway within which to file for a particular period of time, his or her personal injury lawsuit. This will serve as a guideline for the victim within which to enforce his or her right by filing the personal injury lawsuit in the proper courts. This way, the victim will not be in haste nor be pressured in filing the personal injury case. Instead, he or she will be given a sufficient period of time after the accident to make and file the claim against the person who has caused him personal injuries in the accident. Secondly, the statute of limitations will also serve as a limit for the victim. He or she must file the personal injury lawsuit within that particular time, otherwise, upon its expiry, his or her cause of action will be barred and no claim can anymore be made regardless of the strength of the victims personal injury case. After the lapse of sufficient time, the law considers the victim to have slept on his or her rights. Laches come into the picture which means that the law will no longer entertain any claim by the victim since there is already a presumption that the victim is not interested to pursue any claim for the accident that he was involved in.

So, in order for your personal injury claim not to be barred by the statute of limitations, prompt action should be made. Asserting your rights and interests within the period of time prescribed by the statute of limitations should be done in accordance with the period set forth by law.

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Tire Tread Defects Lead to Catastrophic Accidents on Nation's Roads

Truck accidents account for over 20 billion dollars a year in damages, according to the Federal Motor Carrier Safety Administration. Trucks, especially semi tractor-trailers are complex machines made up many systems that must all work correctly at the same time to avoid breakdowns, accidents and tire blowouts or tire tread separations.

Defective tires can cause catastrophic truck and car accidents as they happen suddenly, and drivers are often unable to maintain control of a vehicle whose tires have blown. When the tire blowout occurs to a rear tire, controlling the vehicle becomes very difficult, especially driving at speeds common to most highways. The loss of control often results in the rear of the vehicle swinging around to become perpendicular to the direction of travel. The resulting tire failure is exacerbated by the high center-of-gravity vehicle design found in vans, light trucks and SUV's.

Over the last several years, there have been multiple large-scale tire recalls. Despite the numerous recalls, defective tires continue to cause devastating accidents and fatal crashes. Many consumer safety groups are pushing for an investigation by the National Highway Traffic Safety Administration (NHTSA) into the effectiveness of the consumer replacement programs put in place in 2000 and 2001 by several major tire manufacturers. Manufacturers including Goodyear, Dunlop, Bridgestone/Firestone, Cooper and Uniroyal have issued recalls to reimburse for or to replace specific models of tires that have a tendency to crack and split. The cracking and splitting cause the tire belts to separate from the casing.

Manufacturers are legally responsible for notifying consumers of tire defects in the hopes of preventing crashes, serious injuries and deaths. However, many of the large manufacturers continue to make, market and sell tires they know are defective.

Tread failures begin as small cracks on the side of the tire where the serial number is found; these tread failures are a result of design and manufacturing defects. Small cracks, which are virtually invisible to the naked eye soon give way to larger cracks that develop between the tire's belts and cause premature tire fatigue and tread failure.

The fatigue life of a tire should exceed its tread life in well-made tires. The tread life is the length of time it normally takes to wear down tire treads. However, design and manufacturing defects cause substantially shorter fatigue life and can lead to devastating accidents resulting in injuries and death.

If you or a loved one has been involved in a truck accident caused by a defective tire in Jacksonville or anywhere in Florida, please visit the website of the experienced Truck Accident Attorneys at Hardesty Tyde Green & Ashton, P.A.

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Understanding Social Security Disability Insurance Benefits

Many Americans have a limited understanding of the disability benefits available from the Social Security Administration (SSA). This federal government agency provides benefit programs to individuals with serious disabilities and to their families.

The Difference Between Social Security Disability (SSD) and Supplemental Security Income (SSI) Social Security Disability Insurance Benefits (DIB) are available to disabled workers who paid enough earnings into the Social Security system. SSA determines if you are eligible for DIB, based on your work history during the years before you became totally disabled. As a general rule, you probably have enough work credits to qualify, if you worked for 5 out of the last 10 years. The following factors determine eligibility for DIB:

• Whether or not you have enough work credits to qualify for disability benefits.

• Whether or not you have an impairment that has lasted, or is expected to last, for at least 12 months, or is expected to result in death.

• The nature and extent of your impairment.

• Your ability to engage in substantial gainful activity since your impairment began.

• The date your disability began.

The family members of a person approved for Disability Insurance Benefits also may qualify for benefits, based on the disabled wage earner's SSA earnings. Furthermore, children and spouses of deceased individuals who accumulated enough SSA earnings prior to death may be eligible for benefits.

Supplemental Security Income Benefits (SSI) are provided to low-income disabled children and adults. SSA considers other benefits, savings, certain assets, and income of household members, to determine whether a claimant's income is low enough to qualify for SSI.

The following factors determine eligibility for SSI:

• Whether or not your household income meets the SSI income limits.

• Whether or not you have an impairment that has lasted, or is expected to last, for at least 12 months, or is expected to result in death.

• The nature and extent of your impairment.

• Your ability to engage in substantial gainful activity since your impairment began.

• The date that your disability began.

Do I Qualify for Social Security Disability Benefits?

You must be totally disabled from employment and meet the Social Security Administration requirements for prior earnings.

As defined by the Social Security Act, a disability means:

Inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than 12 months or result in death.

Therefore, you may be eligible for Social Security Disability benefits if you can answer yes to one or more of the following questions:

• Do you have a severe physical or mental impairment that prevents you from participating in any type of gainful employment?

• Do you have a disability that prevents you from working at any job, rather than just your previous employment? Has your disability lasted, or is it expected to last, for at least one year?

• Is your disability life threatening?

Medical Evidence for Your Social Security Disability Claim The Social Security Administration requires evidence of the extent of a disabling condition before awarding benefits. To succeed in obtaining benefits, you must have a severe impairment that is shown by "medically acceptable clinical and laboratory findings."

Unfortunately, many illnesses may completely disable an individual, but remain difficult to diagnose. In these cases, an attorney can analyze your medical records to try to find the evidence necessary to prove that you have a serious disability.

If you or a loved was denied Social Security benefits, talk with an experienced Social Security lawyer today.

Attorney Marya Sieminski joined the Law Offices of Sam Bernstein in 2003. She is admitted to practice law in Michigan state courts and in the U.S. District Court for the Eastern District of Michigan. She earned her Bachelor of Science degree at the Massachusetts Institute of Technology and graduated magna cum laude from Wayne State University Law School. Marya has worked as a trial lawyer for 10 years and exclusively represented victims in personal injury litigation and in workers compensation claims. She also was appointed by the Governor to serve on the State of Michigan Workers Compensation Qualifications Advisory Committee. The Law Offices of Samuel I. Bernstein, our Michigan Social Security disability and personal injury law firm, has championed the cause of seriously injured Michigan victims for three generations.

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