Car accidents are unfortunately common occurrences on roads all over the world, and Charlotte, NC is no exception. They can be incredibly stressful and traumatic events, leaving you feeling disoriented and unsure of what to do next. If you are involved in a car accident, you must know what to do to ensure your safety and protect your legal rights. As a leading personal injury law firm in Charlotte, Schwaba Law has put together this comprehensive guide to help you through the steps you need to take immediately after a car accident in Charlotte.

Stay Calm and Check for Injuries

The first thing you should do after a car accident in Charlotte is to stay calm and check for injuries. If you or anyone else involved in the accident is injured, call 911 immediately. Even if you do not feel any pain or discomfort, it is still essential to get medical attention as some injuries may not be apparent right away.

Move to a Safe Location

If the accident is minor and there are no injuries, move your vehicle to a safe location, such as the side of the road. Turn on your hazard lights to signal other drivers to slow down and proceed with caution. This will help avoid further accidents and keep you and other drivers safe.

Call the Police

Regardless of the severity of the accident, you should call the police. They will create an accident report, which can be crucial if you need to file an insurance claim or pursue legal action.

Provide Accurate Information

When the police arrive, provide them with accurate information about the accident, including the location, the number of vehicles involved, and any injuries. If you can, take pictures of the accident scene, including the damage to the vehicles and any injuries.

Exchange Information

Exchange information with the other driver(s) involved in the accident, including their name, address, phone number, driver’s license number, license plate number, and insurance information.

Avoid Admitting Fault

It is crucial to avoid admitting fault, even if you believe that you caused the accident. Admitting fault can hurt your chances of receiving compensation for any damages or injuries sustained during the accident.

Document the Scene

Take photos of the accident scene, including the location, road conditions, and any skid marks or debris. This documentation can be useful when filing an insurance claim.

If there were any witnesses to the accident, get their names and contact information. They may be able to provide valuable information to support your claim.

Contact Your Insurance Company

Contact your insurance company as soon as possible after the accident. They will guide you through the process of filing a claim and explain what information you need to provide.

Consult with an Attorney

If you suffered serious injuries or your vehicle sustained significant damage, you may want to consult with an attorney who specializes in car accidents. The team at Schwaba Law can help you navigate the legal process and ensure that you receive the compensation you deserve.

FAQs:

Q: Should I move my car after an accident in Charlotte?

A: If the accident is minor and there are no injuries, move your vehicle to a safe location, such as the side of the road. This will help avoid further accidents and keep you and other drivers safe.

Q: Do I need to call the police after a car accident in Charlotte?

A: Regardless of the severity of the accident, you should call the police. They will create an accident report, which can be crucial if you need to file an insurance claim or pursue legal action.

Q: Should I admit fault after a car accident in Charlotte?

A: It is crucial to avoid admitting fault, even if you believe that you caused the accident. Admitting fault can hurt your chances of receiving compensation for any damages or injuries sustained during the accident.

Being involved in a car accident in Charlotte can be a traumatic experience, but you don’t have to go through it alone. Schwaba Law is here to help guide you through the process of protecting your legal rights and ensuring your safety. With years of experience handling personal injury cases, our team of dedicated lawyers can assist you in navigating the complex legal system and obtaining the compensation you deserve. Don’t wait any longer, call us today for a free consultation and take the first step towards securing your future.

What To Do If You Suffered An Injury from Testosterone Therapy, Transvaginal Mesh, Allergan Breast Implants, Smith & Nephew Hip Implants, or Jack stands?

Product liability issues and litigation present a wide array of challenges to product manufacturers and sellers. These challenges range from loss prevention and risk management, through regulatory compliance and litigation, to public relations and even white collar criminal matters. Our product liability attorneys at Schwaba Law Firm in Charlotte, North Carolina have experience in the full range of these issues and are fully prepared to support clients faced with such challenges.

To learn more about our firm, product liability lawsuits, and your rights, please call us at 855-SCHWABA.

Testosterone Therapy Injury

Low testosterone treatments can result in injuries and other losses. Testosterone replacement therapy carries various risks. Men’s testosterone lawsuits typically claim that they experienced side effects such as heart attacks, strokes, blood clots, pulmonary embolism, and deep vein thrombosis after using the drugs. Most injuries occurred within 90 days of using the product.

You may wish to hire a product liability lawyer at Schwaba Law Firm if you’ve undergone testosterone therapy and have received injuries in connection with the treatment and defective products. A lawyer can investigate your situation to see if you have a claim. In addition, your lawyer will be able to assist you in filing your case and will be able to represent you during the trial process.

Transvaginal Mesh Injury

Schwaba Law Firm handles a wide range of transvaginal mesh device injury cases for patients and families. Transvaginal mesh is a medical product used to treat pelvic organ prolapse (POP) and stress urinary incontinence (SUI). Inserted vaginally, the surgical mesh is used to support and hold in place the urethra, cervix, and rectum to provide relief from SUI and POP. Through the years, transvaginal mesh has been linked to serious side effects and complications that can lead to pain, infection, and revision surgeries.

If you experienced serious side effects such as mesh erosion, infection, pain and discomfort, urinary problems, pop or sui recurrence, vaginal scarring, bowel, bladder and blood vessel perforation or required surgery to repair problems caused by transvaginal mesh, we may be able to help you. As injury attorneys, we recognize the signs of a defective or dangerous product and can work to get compensation for medical bills, lost earnings, and other losses you may have experienced.

Allergan Breast Implants Injury

In July of 2019, Allergan breast implants were recalled by the U.S. Food and Drug Administration (FDA) after they received several complaints from recipients who developed breast implant-associated anaplastic large cell lymphoma, an immune system cancer, because of certain components in the implants. Upon further investigation, the FDA learned that individuals with Allergan Natrelle BIOCELL textured implant products were approximately six times more likely to develop breast-implant anaplastic large cell lymphoma.

Were you harmed by a defective Allergan breast implant? If you or someone you love developed anaplastic large cell lymphoma, or another form of immune system cancer, after receiving an Allergan Natrelle BIOCELL textured breast implant, you may be eligible to seek legal recourse for the damage you’ve suffered.

Smith & Nephew Hip Implants Injury

Hip implants are often fruitful for individuals suffering from osteoarthritis. This condition causes the cartilage between the hip bones to progressively wear down, usually from injury or old age. This process causes the hip bones to make direct contact with each other and painfully rub together. People who are contemplating hip replacement surgery are often excited about the prospect of a new hip and returning to an active lifestyle again. However, many of those dreams have been vanquished by defective Smith & Nephew R3 and BHR hip devices.

If you or someone you love has suffered injuries as a result of hip replacement surgery involving a B3 or BHR hip device, you may be entitled to monetary compensation with the help of a skilled mass torts attorney. Our experienced lawyers at Schwaba Law Firm can review your case with you, as well as your medical treatment, and set about recovering the legal compensation you need and deserve.

Jack Stands Product Injury

Victims injured by a defective product can sue any company or person in the supply chain who brought the item to market. If a person was injured using one of these recalled jacks, the plaintiff can sue (1) manufacture, (2) Home Depot for selling it, (3) shipping companies for shipping it, and (4) any manufactures or suppliers who provided parts or expertise for making the product.

The plaintiff can sue all of these companies because it isn’t always immediately clear which company was responsible for the defect. It could be a defect in manufacture or design, or it could be damage that was incurred during transportation. The cause could also be a failure to include adequate warnings by the seller. Accordingly, products liability law, rather than putting the burden on plaintiffs, places companies’ burden to prove that they were not responsible. Therefore, the plaintiff can recover damages for injuries, and the companies fight amongst themselves to allocate ultimate responsibility.

See an Efficient and Effective Representation!

When you obtain counsel from Schwaba Law Firm in a product liability lawsuit in Charlotte, you can be assured that you will have the best representation available. You can also be confident that everyone from senior counsel to highly trained legal assistants will be employed strategically for the most cost-effective disposition of your matter.

The Schwaba Law Firm can provide the experienced, free initial consultation you need to pursue a claim. Submit a free online case evaluation form, call us at 855-SCHWABA or contact us at ADMIN@SCHWABALAW.COM.

 

Products liability arises when manufacturers, retailers, distributors, suppliers and others who make products available to the public are held accountable for the injuries those products cause.

To put it more simply, when a product causes injury because it was poorly designed, defective in manufacture, it is malfunctioned, or because it failed to live up to warranty claims about performance, the injured person may seek recovery against a range of defendants including all of whom played a role in placing the dangerous/defective product into the stream of commerce.

The victim has the right to file a product liability lawsuit to hold the manufacturer responsible, regardless of whether the injury was caused by a defectively designed, defectively manufactured, or defectively labeled product.

However, obtaining compensation in a product liability case can be daunting, as victims must show that they were using the product as directed, that the product was indeed defective, that they sustained injuries, and that the product’s defect was the direct cause of those injuries.

When you are injured by a product you deserve justice Contact at contact at 855-SCHWABA or aschwaba@schwabalaw.com to schedule an initial free consultation right away.

Federal Laws and Product Liability

Product liability claims involve a wide variety of consumer goods, from automobiles and washing machines, to prescription drugs and asbestos, from your food and clothing to lawn equipment and household appliances. The plaintiff must prove the manufacturer’s or seller’s negligence in order to be compensated for their injuries.

The three main legal theories for a product liability claim are:

Labeling defects: With their products, companies must include warning labels and instructions. Instructions must be clear and adequately explain the intended use of the item. Warning labels must include any possible risks or dangers of a product. Otherwise, consumers may unintentionally misuse the item, causing preventable injuries.

The consumer will need to show that the defect caused their injury. This means that they would not have been injured if the defect had not been present.

Design Defects: When product was designed poorly or not properly tested, in which case all the products will likely be defective and dangerous.

Poor Manufacturing: When the error or dangerous aspect is introduced during the making of the product. Often not all the products will be dangerous, just those with the problem caused during manufacturing.

Who can be held liable for defective products injury?

You must demonstrate not only that a product defect exists, but that it also directly caused your injury, in order to file a product liability lawsuit, Depending on the type of defect, you may be able to collect compensation from the negligent party or parties responsible for the flaw. Liability for a product defect could rest with any party in the product’s chain of distribution, such as:

• The manufacturer;
• The distributor;
• A manufacturer of component parts;
• A party that assembles or installs the product;
• The wholesaler; and
• The retail store that sold the product to the consumer.

For strict liability to apply, the sale of a product must be made in the regular course of the supplier’s business. Thus, someone who sells a product at a garage sale would probably not be liable in a product liability action.

What Does a Product Liability Lawyer Do?

If you bought a product that caused you to become sick or injured, consulting with a product liability lawyer can give you some insight into how strong of a case you have or whether you should take your case to court.

If you and your product liability lawyer can prove each element of your case, then you may receive compensation through an insurance settlement or a jury verdict in your case.

This compensation should cover your:

• Medical Expenses
• Lost Wages
• Lost Earning Capacity
• Physical Pain
• Mental Anguish
• Physical Limitations
• Disfigurement
• Property Damage

We service personal injury clients in, as well as many other areas throughout North Carolina and Michigan, including:

• Charlotte
• Davidson
• Huntersville
• Mooresville
• Menominee

Contact Our Team for a Free Case Evaluation Today!

After any situation involving a dangerous or defective product, you should speak with an experienced attorney who will evaluate your case to ensure that your legal rights are fully assessed and protected. Not only can a product liability lawyer help level the playing field during negotiations or in the courtroom, he can also obtain expert witnesses such as scientists or doctors to testify on his client’s behalf if the case actually goes to trial.

An attorney can explain what you can expect at every step of your personal injury case, and will take action on your behalf — researching the law, interviewing witnesses, collecting records, conferring with expert consultants, planning legal strategy, and negotiating with insurers and opposing counsel — all with an eye toward strengthening your position and ensuring your fair recovery.

Seasoned product liability lawyers from the Schwaba Law Firm have been helping clients in Michigan, North Carolina and around the country. Give us a call at 855-SCHWABA or aschwaba@schwabalaw.com to learn what we can do for you.

If you are involved in a truck accident, you should know that laws are involved, and you should call a lawyer immediately. Truck accidents are different than usual ones. Hence, things can get more complicated. It is best to have a lawyer who understands the laws involved, the reason for the truck accident, and the relationship between the entities involved: the truck, the driver, and the load. These factors will help determine whether you are entitled to a personal injury claim because of the truck accident.

Common Causes of Truck Accidents

Car accidents happen because of big rigs. A lot can go wrong in a trailer truck operation which is why accidents happen. The most common reasons of accidents are:

• drive error
• driver fatigue
• drug use
• equipment issues

These are the common scenarios of truck accidents. Each has underlying factors, and there are different laws that applies, that is why it is recommended to have a personal injury lawyer that understands and has experience in truck accidents.

Truck Driver Errors

Usually, driving errors by truck drivers happen when they exceed the speed limit. Speed limits exist to minimize danger, driving too fast whether it be a truck or a car is dangerous to yourself as well as other drivers on the road. Another driving error is turning on a curve too fast. Riding on a curve too fast may end up losing control of the truck’s back wheels, hence, an accident. The other truck driver errors also include failing to monitor blind spots, which lead to collisions.

Truck Driver Fatigue

Fatigue usually causes drowsiness, and when a driver gets drowsy, they might fall asleep on the road and cause an accident.

The following actions are usually caused by fatigue or drowsiness:

• significantly impair the judgment of the truck driver
• lessen a driver’s ability to control the truck
• reduces stimuli to react when something is happening
• prevent the driver from making safe driving decisions

A driver who is overfatigue will likely fall asleep and cause an accident. He or she will also be inattentive and misjudge driving conditions.

Drug Use

It is no surprise that a drunk driver is not allowed on the road, which is the same case for a driver involved in drug addiction. There are federal regulations that require companies who are involved in trucks to test their drivers for alcohol and drug use. This should be done for employment purposes. There are also random alcohol or drug testing whenever drivers are on duty. If an accident happened, especially if it involves a fatality, alcohol and drug testing will be conducted to check if the truck driver is sober or not.

In that way, the victims will determine if they are entitled to compensation for personal injuries.

Tractor-Trailer Equipment Problems

One of the most common causes of the truck-trailer accident is mechanical failure. This might happen because of a defect in manufacturing or design errors. It might also be an equipment failure, whereas the driver forgot to check something before driving. Some manufacturing or design problems include:

• defective tires
• no backup warnings
• design failure

These can lead to crashes.

Another factor that leads to accidents is the failure to maintain equipment properly. Here are the common failures that often lead to mechanical problems are:

• removing or depowering the front brakes
• failure to maintain the brakes of the truck
• improper way of loading or securing the load or cargo (this may cause truck rollover)
• defective steering wheel
• failure to maintain tires
• wrong attachment of the trailer

Other Causes of Truck Accidents

It is important to note that it is not always about the driver or the equipment. It can be other factors like traffic signal failures, weather conditions, or faulty roads.

Truck Accident Laws

There are federal and state laws regarding truck accidents, and these are the basis of personal injury claims after the accident.

Who Is Liable for a Trucking Accident?

A truck accident is different from a car accident or a basic car-to-car collision. There are usually a lot of parties involved during a truck accident. These parties are all legally responsible for a victim’s injuries and other losses, which are called damages. They are:

• the truck driver
• the owner of truck or trailer
• the cargo loader
• the manufacturer of truck parts
• the contractor

Proving a truck accident is more complicated than a car accident. Hence, you should hire a lawyer that is an expert in this field. Multiple claims can usually be filed if there are a lot of parties involved.

Truck Driver Liability

Is the truck driver liable? It depends on the facts of the case. If the driver’s negligent behavior causes the accident or collision, you can sue the driver. You can also file a claim against the driver if he is distracted, speeding, or intoxicated. These are all against the laws.

The truck driver might also be liable if the accident is caused by cargo or truck maintenance. It is the driver’s responsibility to check the cargo or the mechanical parts of the truck.

Trucking Company Liability

Some companies are trying to shield themselves from truck accidents and let the driver pay for everything. However, most driver’s insurance is not enough to cover the expenses of the victims; hence, lawyers seek ways to get claims from the companies and make them liable.

What Should I Do If I Get in an Accident with a Big-Rig Truck?

If you are involved in a truck accident, it is important to check if you and other passengers are safe. Immediately call for help if you can. Call 911 and cooperate with the rescue team and investigators.

Call your lawyer immediately if you can. Their presence will help because they will be updated with everything that is going on. Get the names of the other driver and take photos if you can.

Talk to a Lawyer

Truck accidents are more complex than car accidents, so you need to talk to a personal injury lawyer who knows his way around accidents. At the Schwaba Law Firm, we are committed to ensuring that victims are compensated for their injuries.

Work with us, and you will get qualified and experienced attorneys.

Contact the Schwaba Law Firm and let us help you RECOVER.

If you were recently injured in an accident, you might wonder what your legal rights are. A personal injury lawyer can meet with you and discuss this important information. He or she can also explain your legal options.

 

What Is a Personal Injury Lawyer?

A personal injury lawyer is a lawyer who concentrates on cases involving people who were injured due to the actions of others. This type of claim usually relies on a showing of negligence, that is, when one person acted in a manner that a reasonable person would not have acted and caused injury as a result. Examples of personal injury cases include:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Pedestrian accidents
• Products liability

A personal injury lawyer is knowledgeable about personal injury laws in the state and the deadline by which you must file a lawsuit to protect your rights.

Signs You Need to Hire a Personal Injury Lawyer

If you are in a relatively minor accident and are not seriously injured, you might not need to hire a lawyer. However, you have the right to be represented by a lawyer if you choose. You may prefer to have a professional deal with the insurance companies and other legal aspects of your claim while you focus on recovery.

Some warning signs that you may need to hire a personal injury lawyer include:

You Were Injured

If you were injured in any manner, you may want legal representation. The insurance company will do everything possible to minimize or eliminate your fair compensation, including having you provide a recorded statement or sign an authorization for the insurance company to retrieve medical records to try to prove you had a pre-existing injury.

You Are Temporarily or Permanently Disabled

Some accidents permanently alter a victim’s life. If you were disabled for the short-term or long-term, it  is important that you have a lawyer who can accurately determine the full extent of your damages and how the accident has affected your life. You may need economic experts who can evaluate your lost earning capacity.

The Insurance Company Offered a Low Settlement

It can be difficult for the average person to understand the real value of their personal injury claim. If you received an offer from the insurance company that does not even cover your medical bills, it is likely that your claim is worth more. A personal injury lawyer can aggressively negotiate for a fair settlement on your behalf.

Your Claim Was Denied

If your claim was denied, you do not have to simply accept the insurance company’s word for it. Their interests are directly opposed to yours. The insurance company may deny all claims, hoping that you will simply not fight it. A personal injury lawyer can fight for your rights. You are not charged any attorney fees unless your lawyer recovers compensation on your behalf.

To get started on your claim, contact Schwaba Law Firm.