by admin on October 15, 2009
Wrongful Death
Losing someone quite close could be a tragic incident in anyone’s life. The pain becomes even worse when such death was a result of an act of negligence or due to a wrongful act. Such a death serves as a basis for a civil action for damages due to the victim’s heir. Cases of wrongful death are those claims that are brought to the court of law by their survivors. These survivors could be their surviving spouse, child or parent as well.
It is alarming to note that nearly 20% of the deaths in US could be attributed to wrongful deaths. The majority of the causes for such deaths are motor-vehicle related accidents (15%), fire and burns (6%), falls (6%), drowning (2%), and poisoning (1%). The other major types of wrongful deaths brought to trial include medical mistakes, defective products, personal injury, catastrophic injury, nursing home abuse, criminal attacks, work-related accidents, and death during certain supervised activity.
The act in regard with wrongful death may vary by state or jurisdiction. In general cases, the survivors are eligible to claim the following damages under wrongful death case:
- All expenses incurred on death of the person or victim
- All benefits withdrawn due to the victim’s death
- Any loss of estimated future earnings anticipated over the lifetime of the victim
- Anguish, pain and suffering caused to the survivors of the victim
- Loss of care, protection and companionship due to victim’s death
- General and penal damages
The initial step you need to take in case of a wrongful death includes determining which individual or entity is at fault for such a catastrophe. You can gather enough evidence in this regard by visiting the site of incident, getting details about potential witnesses, and the like. You can hire a lawyer to help you with filing the suit since this involves a tedious long procedure like determining the courts empowered to hear the case, making a choice between such courts, getting the paper work done etc.
Unlike other cases, most wrongful death cases do go to the trial court rather than having an out-of-court settlement. In most cases, defendants try to keep dragging the case to earn an active interest on such money and in hope of getting a better settlement of a lesser amount later on. You need to have an aggressive approach and the expertise of a lawyer to help you get your rights at the earliest.
Remember that each state has its own limitation period within which such wrongful death claim should be filed after the incident has occurred. Similarly not any one can file a claim in case of a wrongful death. This decision as to who can file such a claim varies as per the jurisdiction. Also one family cannot sue another family member for wrongful death. Though most such cases are tragical, it is of utmost importance that you take up the necessary steps in time to get relief claim and hire a good professional lawyer for the same.
by admin on October 15, 2009
Truck Accidents
It is really astonishing to know how common truck accidents are. Annually there are nearly 500,000 trucking accidents reported. Each year, truck accidents attribute to nearly 5,000 deaths and 100,000 injuries. Most of the times truck accidents have been reported to involve cars, which they conveniently find to be at fault. However there are many trucking companies that fail to keep their vehicles up-to-date and result in casualties of pedestrians.
Trucking accidents are more likely to cause serious injury rather than just simple automobile accidents. This is because these vehicles are heavier than other vehicles and as such the injuries could be fatal for the victims. Most of the common causes that lead to trucking accidents involve:
- Overloaded trucks
- Oversized trucks
- Exhausted drivers
- Poorly trained drivers
- Bad weather conditions
- Speeding
- Aggressive driving behavior
- Unsafe safety systems
- Poor condition of the truck
When you are involved in a trucking accident, chances are high that you will not be in a position to yourself collect vital information about the accident. The first step you need to take is to get help for yourself. You can dial 911 for emergency help. Once you have received immediate medical care, you need to get your lawyer or hire one for this case. Investigation at the spot of accident is quite an essential factor in trucking accident cases since most of the details regarding the actual facts can be collected only from here. Your lawyer can then complete all the formalities for the case and get you a favorable verdict as well.
In case of a trucking accident case, it is possible to sue any person or entity who is directly in fault for causing such trucking accident. This includes the truck driver, the owner of the trailer, the shipper as well as any third party involved like the manufacturer of the truck where the accident occurs due to vehicle’s defect. Investigation is quite a critical factor in helping determine how all are parties to such a fault.
You need to remember that while going in for a case with a trucking company, you are going to face quite a tough defendant. Most trucking companies hire top level advocates who are able to often get through the case without giving you any kind of fair compensation. Remember that you are not playing on fair grounds here. You need the expertise of a good lawyer to help you get back with them and prove your case without doubt. Truck companies have their own team of investigators to get an on-site report and that is why you need the immediate help of your lawyer in such cases.
You need to understand that there are FMCSA regulations in place for carrying out safety measures that are needed to be followed by trucking companies. Again, there is a limit with regard to hours of service operation. Yet many try to escape these measures for making some extra bucks and that is why you need to have complete knowledge about such checks.
by admin on October 15, 2009
Serious Injury
A serious injury could be of various kinds that could disable your life in some or other way. A common serious injury would be a birth injury or a birth trauma incident. In such cases, the most common consequences could be head injury, nerve damage, and bone injury. In cases where your child suffered from an injury during the labor process or immediately after, you can be legible for a personal injury lawsuit. Birth injuries are found to occur in every 27 of 1000 births and hence you need to be aware of your rights in such cases. The reasons that could lead to such birth injuries could be:
- Mechanical trauma
- Mistakes made by the doctor, nurses, or hospital
- Oxygen deprivation
The other kinds of serious injuries include severe burns, traumatic brain injury and spine injury as well. If you are a victim of any such kind of injury caused to you by negligence on part of another, you can seek help from the court of law to get fair compensation for the same.
Catastrophic injuries are seen at a common rate even today due to several reasons like vehicle collisions, tire blowouts, and explosion. These could have disastrous effects on your life such as:
- Loss of limb, vision or hearing ability
- Inability to work for a long time or throughout the rest of life
- Inability to carry out daily activities of life.
- Chronic and depilating pain
- Severe emotional trauma
- Immense physical pain
It is usually not the victim who is able to fight his or her own case. Mostly their families or friends would present their case. Quite times, the defendant insurance companies try to offer a settlement and get the case dismissed even before the family has the time to think. They forget the factor that serious injuries involves a lot of treatment as well and that means a lot of more money required to pay the bills as well. This is why you need to refrain from meetings and settlements unless you have met your own lawyer. A good professional expert would help you to assess the situation and take the best decision in favor of the victim.
It is quite understood that in times of grief, it is difficult for a couple or the family to conduct a prompt investigation with regard to the serious injury. Yet it is very important to have good evidence with you when you present your case in the court of law. Hiring a lawyer will help you take care of all such problems. They can manage important things for you like investigating the circumstances, preserving evidences, identifying the responsible parties, and the like.
It is quite a common that you feel guilty to pursue investigations when you have a dear one suffering from such an injury. This is truer for parents of the child that is a victim of such birth injuries. However, the money you get as compensation from the case will only help you to help your dear ones in a better way.
by admin on October 15, 2009
Motorcycle Accident
It is truly gruesome to watch motorcycle accidents since this form of vehicle provides the least amount of protection to its driver. Preferred amongst youngsters and elders alike, motorcycles are a favorite mode of transport for most since it allows them the freedom to drive as they like. However, sometimes this very freedom proves to be quite a costly affair for them.
Exposed to direct danger, the mortality rate of motorcycle accident victims is quite high. There are quite a few reasons for such fatal accidents. Yet, the top reasons why such accidents occur are:
- Lack of any substantial barrier between the road and the motorcycle.
- Difficulty of other drivers to actually see a motorcycle or to judge it.
- Fault of the driver driving the other motor vehicle.
- High crash tendency because of the independent style of driving this vehicle.
- Defective motorcycle design or maintenance.
There are yet many other reasons that actually act against the motorcycle driver like:
- Poor roads, potholes, oil slicks, debris, puddles, uneven cuts etc.
- Bad weather condition leading to poor rituality.
- Speeding accidents.
- Strong Winds.
- Bad skill and co-ordination while driving the motorcycle.
As a motorcycle rider, you need to be aware of your rights with regard to the state you live in. You can consult your attorney in this regard.
No matter how good or bad a driver you are, you could have a very bad injury when involved in a motorcycle accident. You need to take some steps to make sure that you are able to prove your case in the court of law. These steps include:
- Storing the clothes you wore during the accident as they are.
- Keeping the motorbike in the same condition without getting it repaired.
- Taking pictures of the accident spot.
- Recording the minute details of the accident.
- Recording the narration of all possible and potential witnesses.
For those who can afford it, nowadays you get a motor vehicle event data recorder. Installing this device on your vehicle helps you to determine the cause of the accident without fault. It acts much like the black box in an airplane.
You can hire a lawyer to fight you case since his or her expertise will help you win. Either the motorcycle driver or the passenger could sue the other party involved in the accident. In most cases, cars have been seen to be involved in such accidents. Though they might argue that they did not see the bike coming, this blind spot is no reason for negligence and you are due to get a reward without any hassles. File your suit in the court of law at the earliest and even if your vehicle does not have insurance, you can still sue the other party. If you were partly at fault for the occurrence of such accident, the amount of money you recover will be reduced. Again the fact that you were not wearing a helmet while driving does not cut off your right to get compensation claims.
by admin on October 15, 2009
Medical Malpractice
Is there a case where you had to suffer due to the laxity of a doctor? Any professional negligence on the part of a medical practitioner can be termed as Medical Malpractice. The law helps you seek compensation for any case of injury or death of a patient due to sheer omission of action or a mistake by the health care provider.
Medical mistakes are too common and the exact statistical estimates would be hard to find. It is a shocker that such a vast and stretched out industry is suffering from so many errors. Most of these incidents go unreported and yet other estimates show that nearly 42% of people believe that they have personally experienced medical malpractice.
Medical malpractice could occur due to various reasons like:
- Inherent impossibility of doctors to give a completely accurate medical care.
- General difficulties in the medical industry like lack of funds, over burdened doctors and nurses, or slow adoption of latest technologies etc.
- Simple human errors of doctors like poor dosage or poor handwriting.
- Patient mistakes like failure or delay in reporting symptoms, dishonesty of patients, non-compliance of treatment procedures etc.
- Pharmacist mistakes like dispensing wrong dosage or wrong medication and failure to communicate instructions on taking medication.
Once you realize you are a victim of medical malpractice, you need to take some steps. Remember that there is a specific fixed period of time called the ‘limitation period’ within which you need to file suit. An initial investigation on your part will help to reveal whether some negligence was actually involved on the doctor’s part and what extent of injury you had to suffer as a consequence. The next step involves filing a suit against those whom you consider responsible for such negligence. Getting dispositions from the parties, lay witnesses, expert witnesses, and preparing written discoveries is the next step after that. Thereafter you can discuss negotiations and settlements with your lawyer. If that fails you can proceed to trial in the court of law. All these steps require the expert guidance and service of a competent, experienced lawyer to win your case.
To win a case, you need to be able to present ample proof in that regard. Generally a claimant should be able to provide the following proof:
- The health care provider was actually owing a duty towards the patient
- The health care provider did happen to breach his duty
- As a consequence of above the patient had to suffer an injury
- The injury caused to the patient was an immediate cause of the health provider’s breach.
You may have lots of doubts in your mind when it comes to filing suit in a medical malpractice case. You can try to get out-of-court settlement to prevent more hassles for yourself. Most law firms ask you to pay nothing till you have recovered your settlement and hence hiring a lawyer for your case always makes sense. Remember that a consent form does not give the health provider a reason to commit malpractice and you have every right to fight any injustice meted out to you by using the professional services of an expert attorney.
by admin on October 15, 2009
Dog Bites
Dogs and humans are known to be closely associated in daily life and yet there are a lot of incidents where the canine has attacked their human friend. If you are a victim of a dog bite, the law helps you recover compensation for the same. No matter what the previous history of the dog has been in this regard, most states lay down statutes according to which a dog owner is responsible for all bites, even if the dog has never bit anyone before.
It is estimated that nearly 2% of the US population comes under dog attack every year and in some cases the injury could be pretty serious. In fact nearly 1,000 Americans are brought daily to the emergency room for dog bites alone! On being injured, you are entitled to receive compensation from the dog’s owner for all your medical bills, cosmetic surgery, and any other treatment you receive in this regard. They are also liable to make good your lost income due to this injury. The causes to this accident could be any, still you stand a good chance to win your case in the court of law and receive your rightful compensation.
There are some simple steps you need to take when under a dog attack. On being bitten, do not panic since you can easily receive good medical service for all dog bites. Once bitten, you need to first identify the animal that bit you since if it is a stray dog, you might have to undergo the painful treatment for rabies. At the same time if the dog is not a stray, identifying the owner helps you get compensation later on. Next, get immediate medical attention. If you have been attacked on the face, it would be a good idea to insist on being attended by a plastic surgeon. Meanwhile, if you receive a call from the dog’s insurance company, make sure you note down all details but do not discuss any settlement issues with them.
You need to take some immediate steps on your side to make sure you have enough legal evidence later on to back up your claims. Identifying the dog would help to get a DNA analysis test later on which acts as a good proof in the court of law. Similarly you need to gather the name and address of the dog’s owner, dog’s license information, details about any potential witnesses, photos of your injuries, and insurance information about the dog.
It is always in your best interest to hire the services of a professional lawyer since they can take up your case in the court of law and get you a fair trial. Never hesitate to consult an attorney in this regard and also never sign anything without the knowledge of your lawyer since it may compromise your stand later on. The procedures followed by animal control department in the “dog court” hearings are usually of a nature that compromise on your rights as a victim. Hence it is very important to present a full-proof case in the court of law and only your lawyer could help you win hands down.