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Showing posts with the label personal injury law

Can Traffic School Erase a Ticket from Your Record?

 Getting a traffic ticket can damage your driving record and raise your insurance rates. But in many states, traffic school offers a way to avoid points and keep your record clean. Who Qualifies? Typically, you must meet these conditions: First offense or minor infraction Valid driver’s license No previous traffic school within the last 12–18 months Non-commercial license Benefits of Traffic School: Avoid points on your DMV record Prevent insurance premium increases Dismiss the ticket entirely in some jurisdictions How It Works: Pay the ticket fine and an administrative fee Enroll in a court-approved course Complete it within the deadline (usually 60–90 days) Submit proof of completion Online or In-Person? Most traffic schools offer online options , making it convenient to complete at your own pace. Exceptions: Major violations (DUI, reckless driving) are not eligible Some states limit how often you can use traffic school Imp...

Understanding Pre-Existing Conditions in Injury Claims

 If you’ve been in an accident but already had a medical issue — like back pain or a knee injury — don’t assume you can’t get compensated. The law protects victims with pre-existing conditions as long as the new incident worsened the issue. What Is a Pre-Existing Condition? Any illness or injury you had before the accident, such as: Herniated discs Arthritis Migraines Anxiety or PTSD Old fractures Can You Still File a Claim? Yes. You can recover compensation if the accident aggravated your prior condition. This is called the "eggshell plaintiff rule" — meaning the defendant must take the victim as they are, even if they’re fragile. How to Prove Aggravation: Medical records before and after the incident Expert medical testimony Imaging (X-rays, MRIs) showing new damage Doctor’s statement detailing the worsening Insurance Tactics to Watch For: Blaming all pain on your old injury Claiming your condition wasn’t impacted Offering lo...

How Long Do You Have to File a Personal Injury Claim?

 If you’ve been injured due to someone else’s negligence — in a car crash, slip and fall, dog bite, or medical mishap — you may be entitled to compensation. But there’s a clock ticking: every state enforces a statute of limitations , which limits the time you have to file a personal injury claim. In most U.S. states, the statute of limitations is two to three years from the date of the injury. For example: California : 2 years New York : 3 years Texas : 2 years Florida : recently reduced to 2 years (as of 2023) Miss the deadline and you lose your right to sue — even if your case is strong. There are a few exceptions: Discovery rule : If you didn’t know right away you were injured (e.g., a hidden infection after surgery), the time may start from the discovery date. Minors : If the injured party is under 18, the clock usually starts on their 18th birthday. Government claims : If your injury involved a city, county, or state agency, you may need to file a no...