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    Attorney Will Reaves

    Liability waivers are powerful documents. Under normal circumstances, they take precedence over the natural law, as the signer is willingly waiving their right to hold a second party liable for any injuries or damages that they may sustain. These are typically used in situations where the participant may be put at risk doing a potentially dangerous activity.

    Of course, there are some guidelines. Before agreeing to the terms of any document and waiving their right to claim liability, a signer will want to know that every precaution was taken to prevent any injuries or other damages. The document itself must be clearly worded, without any hidden intentions or fine print, and specific in its applications and limitations. In other words, what does this apply to? What does it not apply to?

    The waiver not only benefits the organization by protecting them from lawsuit down the road, but it also acts as an entry ticket. The organization is providing access to their goods or services in exchange for the agreement that you will not seek legal action in the future. Typically, this agreement is binding, and the waiver covers any sustained damages. But under what circumstances might waivers be made invalid? Is this even legally possible? The answer is yes, invalidating a waiver can be done under the right circumstances.

    For example, though you’ve signed a document waiving all rights to a liability charge, the organization is still responsible for promoting safety and maintaining equipment. Whether that means additional safety staff or detailed instructional videos, they are responsible for upholding their end of the waiver agreement. Gross negligence is an obvious offense. Naturally, organizations cannot harm you intentionally, as that would negate the waiver immediately. The waiver must also be signed by a willing and knowledgeable participant. In other words, a participant cannot be forced or otherwise taken advantage of when signing. This includes waivers written using opaque legalese or hidden fine print.

    If any of these requirements are breached, then the waiver can easily be made invalid. A personal injury lawyer will approach the incident from all possible angles, seeking ways to gain compensation for your injuries. The presence of a waiver makes this process more challenging but not impossible, especially if the organization is clearly at fault. If you’ve sustained an injury at the expense of a negligent third party, consider finding a lawyer. Our skilled attorneys here at Wayne Hardee Law would be glad to accept the challenge and help you receive due compensation. Visit our website and contact us today!


     
    Attorney Will Reaves

    Oftentimes, personal injury cases are settled outside of court. Wanting to compensate the victim for their physical, mental, and/or emotional distress, the defendant’s insurance company will provide them with a predetermined sum of money as a settlement. This can then be used to pay for medical bills or other property damages that may have occurred during the accident.

    But what happens when the case goes to trial? Under these circumstances, you must be prepared to state your case and defend your position. You are defending the right to compensation for the personal injury you sustained at another’s expense. So, it stands to reason that the court will require evidence relevant to the case. But what kind of evidence should you be collecting? What is the judge looking for, and what is acceptable in the court of law? We will cover these and other questions below.

    First, it’s strongly recommended that you seek professional help from an attorney. Attorneys, especially those well-versed in the laws surrounding personal injury and compensation, can be a considerable asset to your case. They will guide you through the process, help you get your facts straight, and assist in gathering the necessary evidence should you ultimately need to present in court.

    In terms of evidence, you must collect information that is relevant to the case and supports your claim. For example, photo and video evidence is among the most important. This has to be done at the scene of the accident, so don’t get too caught up in the moment. Keep a level head, pull out your phone, and start taking photos. The most important thing you can do is remain consistent with your story and recount the accident exactly as you remember it, so jot down some notes before they slip your mind.

    Official documents are also extremely beneficial in a court of law. These may be in the form of a testimony from a licensed professional, or it may simply be an itemized medical bill with the total cost listed at the bottom. In a similar thread, you may also call witnesses to testify on your behalf. Perhaps someone witnessed the accident and can corroborate your claim against the defendant.

    Begin by building your case with the help of a professionally trained lawyer. Here at Wayne Hardee Law, our team is dedicated to helping you get full compensation for sustained injury. Our attorneys will work alongside you to ensure that you are properly informed and well-prepared. Give us a call today!


    When is the Best Time to Settle My Case - Wayne Hardee Law

    When someone’s negligence leads to injury of a third party, the third party will almost surely be advised to pursue compensation through legal means. Of course, it depends on the severity of the injury, but even minor accidents require a thorough checkup to ensure bodily health. Whether you are the negligent party, the injured party, or the insurance company who finances the negligent party, there are really only two outcomes in a case such as this: settlement or trial.

    You may be eager to accept whatever settlement is proposed, receive your money, and put the incident behind you once and for all. In some cases, this may be your best option. But how do you know for sure you’re getting everything you deserve? How do you know when to take a settlement out of court and when to take the case to trial?

    First, it’s important to remember that when taking a case to trial, you are not always guaranteed to emerge victorious. You may see this as yet another point in favor of a quick settlement, but what if the settlement (typically arranged and proposed by the insurance company of the defendant) is not enough to cover damages suffered in the accident? Personal injury includes not only physical suffering, but mental and emotional as well. It’s crucial that you recognize the scope of your injuries and begin this process with the expectation of full compensation.

    It’s critical to hire an attorney to guide you through the process. Depending on your unique situation, they can help you make the best decision when it comes to trial versus settlement. An attorney can tell you if the settlement is a low-ball offer and, perhaps more importantly, if it will cover all necessary expenses. This would be the primary reason for taking a case to trial. Otherwise, a settlement is a great way to avoid the often lengthy court proceedings and all the stress and anxiety that comes with it.

    Ultimately, the most important thing is that you receive the compensation you are due. If you feel like a settlement is fair, then accept it by all means. But do seek the opinion of a personal injury attorney before making any final decisions. If you’re looking for a reliable law firm, we here at Wayne Hardee Law would be more than happy to represent you. Our team of lawyers will stand by you and help you make an informed decision as you seek compensation for injury. Contact us today, or visit our website for more information!



    Safe Winter Travel Tips - Wayne Hardee Law

    This is one of the most highly travelled times of the year. With the celebration of holidays such as Thanksgiving, Hanukkah, Christmas, and New Years, we are annually drawn from wherever we are to congregate with family and friends. While it’s a wonderful sentiment, depending on where you live, it can be quite inconvenient at times. Snow and ice cover the roads, traffic is bumper to bumper, and even occasional power outages wreak havoc on traffic signals and streetlights.

    Winter travel can be tough. But if you know what to watch out for ahead of time, you can do your best to avoid it. Here are some things you can do to stay safe when it comes to winter travel.

    • Avoid driving at night. Wintry roads are already treacherous during the day, but they can be downright deadly with the decreased visibility of nightfall. Plan your trip accordingly, and give yourself plenty of time to reach your destination, fully accounting for the possibility of any unexpected stops.
    • Check the weather before leaving. Flights, trains, and other means of transportation can be cancelled or rescheduled, but you and your passengers only have one life to live. Your safety must take priority. If the weather forecast is calling for icy precipitation of any kind, don’t take any unnecessary risks. Wait it out and leave after the storm has passed.
    • If you must drive through the rain and snow, or you find yourself caught in the middle of a sudden storm, practice careful driving techniques. Drive well below the speed limit and turn your hazard lights on for increased visibility to those around you. If driving is too dangerous and visibility is low, pull to the side of the road and wait it out.
    • Pack your car with any supplies you may need in case of emergency. Food, water, blankets, a first aid kit, and other tools, including a pocket knife, matches, flashlight, map, and compass. The likelihood that you’ll need all these supplies is slim, but it’s always better to be safe than sorry.

    Traveling in the winter may be difficult, but the extra precautions will be worth it in the end. By saving your life and the lives of your passengers, you’re ensuring that the holiday season remains a joyful time for everyone. Stay safe out there, and enjoy the time spent with your friends, families, and neighbors as people brave the weather to come together.



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