June 5, 2021
If someone in your life has unfortunately died through the negligence or wrongful actions of others, you might be considering a wrongful death lawsuit. When you opt to file a wrongful death claim, you will need the help of an experienced attorney to guide you through the steps of this complex process. A wrongful death lawsuit is a civil action that will involve investigation, research, legal proceedings in court, and possible financial settlement of the claim. Here are some initial considerations as you weigh your options.
What Is Wrongful Death?
Four key elements constitute the legal definition of wrongful death. Each of these elements must be successfully proven in order to win a case for financial settlement.
- Negligence: Claimants must prove the death was caused entirely or in part by negligent actions of the defendant, including recklessness or carelessness.
- Breach of Duty: Claimants must prove that the defendant owed a duty to the victim. For instance, medical providers have a duty to support patient health, and motor vehicle operators have a duty to follow traffic laws.
- Causation: The lawsuit must prove that the defendant’s negligent behavior caused the victim’s death.
- Damages: The victim’s death must have resulted in quantifiable damages such as medical expenses, burial and funeral costs, loss of income or potential earnings, loss of inheritance, or other expenses.
The claimant will need to be able to produce convincing evidence for each of these points. Wrongful death cases may involve extensive research on the facts of the case and the testimony of expert witnesses.
Who Can File a Wrongful Death Claim?
The answer to this question depends on state law. In some states, only immediate family members of the victim are able to file a wrongful death lawsuit. This includes spouses, children, and parents. In other states, any family member or financial dependent who suffered damages through the victim’s death is able to sue. This more extended list may include life partners and distant family members. Your wrongful death lawyer will be able to provide guidance on the laws in your state.
What Steps Should You Take?
Your state’s statute of limitations determines how long you can take before filing a wrongful death lawsuit. After the statute of limitations has expired, you will no longer be able to file suit. If you believe that your family member’s death was caused by the negligent or deliberate actions of others, do not delay your initial contact with an experienced wrongful death attorney, like David & Philpot. The lawyer will help determine the next steps in building a strong wrongful death case.
May 25, 2021
Boating accidents are not unusual, and neither is needing a lawyer who can help victims recover their damages from those responsible. If you were injured in this way because someone acted negligently and caused the accident, it may be best to schedule a free consultation with a boat accident lawyer like one from Hall Justice Law Firm. If your injury is significant, the costs to treat it may be prohibitive, and those responsible may deny their culpability. Our boating accidents lawyer will aggressively fight for your right to compensation for your damages.
Common Reasons for Boating Accidents
Boating accidents are all too common and if you are unsure if you should hire a lawyer, schedule a consultation. A lawyer can help you determine if moving forward with a personal injury claim or a civil lawsuit is in your best interests. Because they are often travelling at high speed, when boats collide with another boat, flip, or hit a solid object, serious and fatal injuries may occur. Regardless of the details regarding how you were hurt through no fault of your own, contact us. Here are some of the most common ways in which boating accidents happen:
- Hit by crashed boat debris. Persons who are not even on the boat may be hurt if they are hit with debris from the boat crash.
- A boat operator takes the wrong turn and thus collides with another boat. Boats are driven in bodies of water that by their very nature have limited rules in terms of traffic flow. If a boater is distracted or under the influence of alcohol or drugs, their reaction time and their decision making ability may be affected.
- A part on the boat is defective and malfunctions, causing the operator to lose control of the boat and crash with another boat, flip, or run into a hard obstacle. If the throttle sticks, the gear shift malfunctions, the steering wheel disengages from its mount, or another vital part causes the operator to have an accident, the manufacturer could be held liable.
- A boat operator is under the influence of drugs or alcohol and collides with another boat or object. If you were a passenger on their boat, or you were on the other boat, the negligent boater might be liable for your injuries.
- A boat and trailer hits you because the driver was backing up their boat and vehicle and did not see someone who was on foot or was in their boat at the dock or launch. The trailer or its tow vehicle runs over the person on foot or causes them to slip and fall in the water from their boat.
- A boat trailer hitch is defective and separates from its tow vehicle that is driving at highway speed. The trailer collided with one or more vehicles that were following behind it.
If you would like to speak with a lawyer who handles injury cases involving boating accidents, request a consultation now.
May 11, 2021
A brain injury is a potentially life-threatening event. Regardless of how it happens, any damage to the brain may make a lasting impact on vital body functions. As a brain injury lawyer in Tulsa, OK from a firm like Royce Injury Attorneys LLC can explain, while most injuries are minor, others (such as brain injuries) are not. Learn more about how brain injuries happen and how you can spot the signs of one.
Traumatic Brain Injury
When the brain is physically impacted by something, you may suffer a traumatic brain injury or TBI. This type of injury may be caused by a blow to the head or the physical forces exerted on the head. Car accidents may cause a TBI if the head hits a hard surface or the brain strikes the skull while sliding. Either injury may result in damage to the brain tissue. Some injuries, such as a concussion, usually clear up with little medical intervention. However, a diagnosis is always necessary to ensure that a more serious injury is not lurking.
Acquired Brain Injury
An acquired brain injury happens when something alters the way the brain functions. One of the most common ways to suffer an acquired brain injury is a stroke. When a blood vessel in the brain becomes clogged, it deprives the organ of oxygen. A stroke usually occurs when a major vessel becomes clogged, typically in the middle of the brain. A stroke is a major medical event and may result in severe changes in brain function that permanently alter your life. It may result in death in the most extreme cases. Other ways you may suffer an acquired brain injury include:
- Brain tumor
- Neurotoxic poisons
Signs and Symptoms of a Brain Injury
Some brain injuries are obvious, such as those that involve a head impact. For instance, a car accident that leaves you with a bleeding head wound is a sign that there is a brain injury. The most dangerous facet of a brain injury is that there is often damage before you know it. Some of the signs and symptoms of a brain injury mimic other common health issues. Things such as dizziness, nausea and fatigue may also occur in viral infections that do not affect the brain. The thing to pay attention to is worsening or intensifying of symptoms. When a headache, for instance, gets worse even with over-the-counter intervention, it may be time to call a doctor. One of the first signs of a stroke is a sudden weakness or numbness in one side of the face.
Paying attention to the signs your body is showing may save your life. If you suffer a brain injury resulting from someone else’s negligence, contact a brain injury lawyer in your area as soon as possible.
May 10, 2021
Car accident cases are one of the most popular types of personal injury cases. There are a wide range of injuries someone could sustain from being in an automobile accident. Regardless of what you are facing, be sure to hire an experienced car accident attorney, like one from Ward & Ward Law Firm, to help you with every step of your case.
Some of the Most Common Injuries
There are many different things that can happen in a car accident. Some of the most common injuries that are painful but not life threatening include whiplash, strained muscles, broken bones, or bruises. There are also more serious injuries that can occur, such as traumatic brain injuries from a head being jostled too hard or hitting the seat or dashboard, or major loss of blood from a bad accident. Regardless of the severity of your injuries, you deserve to be compensated for the time, money, and energy you are putting into recovering from the accident. This is why it is important to speak with an attorney who knows the personal injury laws in your state.
Meeting the Statute of Limitations
It is crucial to speak with a car accident attorney who knows the laws well so that you do not miss any important filing deadlines. The reason for this is that if you miss the statute for filing, you will not be able to seek any sort of compensation anymore. Your attorney will make sure you have all of the necessary documents and speak with the correct people to keep your case going while you focus on recovering from the accident.
Types of Compensation
Your car accident attorney will also know what kind of compensation you may be eligible for and how much would be fair to accept in a settlement. He or she will be able to give you advice on whether or not you should settle, but ultimately the choice will be up to you. Your attorney will be able to calculate things you may not think of — such as future medical costs that your injuries may require and lost wages due to missed work — and will have the experience to know what strategies typically work in court for a car accident case. Some of the most common things people seek compensation for include:
- Past, present, and future medical bills
- Property damages, such as a destroyed car or personal property that was inside the vehicle
- Damages for pain and suffering or emotional trauma
You can really file for anything that the accident has made you pay for — physically, economically, or emotionally. An attorney will be able to give you more information about this.
Contact an Attorney Today
Don’t hesitate to reach out to a car accident attorney in your area today. You can set up a consultation to go over your case, the costs associated with it, and what benefits an attorney could offer to you. Do not delay, though. You want to build a solid case early on so that you have a better chance of winning in court.
May 2, 2021
Dealing with a diagnosis is never easy, but what happens if it is because of a medical mistake? Medical malpractice is a branch of civil law that handles negligent acts committed by medical providers and facilities. Who is subject to a medical malpractice lawsuit? Discover the answer to that and more.
Doctors are responsible for all aspects of a patient’s care. They must follow the proper protocols when examining, diagnosing and treating. While there are always advancements in medicine that doctors are free to use, some things are not recognized as reasonable for patient care. Since so much expectation and responsibility falls to doctors, it is not a surprise that they are the primary people who commit malpractice. When a doctor’s actions rise to negligence, it means they have gone against the duty of care in dealing with their patient. It means they have failed to act when they should or acted in a manner that is not accepted by others in the same profession. A doctor may commit malpractice at any point in the care of a patient.
Nurses are charged with following the doctor’s orders in caring for patients. They are the second-in-command when it comes to patient administration. As such, nurses must abide by many of the same principles as physicians. A nurse may be found guilty of medical malpractice for a variety of reasons. In a hospital setting, it may be due to a disregard for a doctor’s orders. In a clinic or private practice, it may be for calling in a prescription for medication that the patient is allergic to. Nurses in elder care are brought under scrutiny for not carefully tending to patients’ skin and allowing bedsores to develop.
Hospitals and Clinics
Doctors and nurses often work for hospitals or clinics. Therefore, when a provider is charged with medical malpractice, a similar charge against the place they worked often follows. In some instances, a hospital may know that a physician is not caring for patients properly and chooses to ignore it. There may be a lax way of handling directives, such as those for charting. Hospitals can get in trouble if they allow nurses to work too many hours without rest. By not giving the proper breaks and days off, the hospital may be contributing to the negligent behavior.
Regardless of the cause, medical negligence often leaves a patient in worse condition and may contribute to an early death. Speaking with a medical malpractice lawyer such as Wieand Law Firm LLC in a time of need may help shine a light on the action that lies ahead.
May 1, 2021
Life is full of uncertainties. In the words of the late John Lennon, whose life was unexpectedly cut short, “Life is what happens when we are making other plans.” One type of unplanned, unwanted event that befalls many individuals is a car accident.
Regardless of who is at fault in a crash, it is extremely common for every person involved to experience frustration and anger. Many people develop clinical depression after an accident. It is estimated that about one in ten accident survivors actually develops Post Traumatic Stress Syndrome. Regardless of the severity of your condition, depression resulting from an auto accident can last weeks or months. As a car accident lawyer from a firm like Greenspan & Greenspan P.C. can explain, when you’re involved in a car wreck, you enter unfamiliar territory and you feel very much alone.
Help for Victims of Accidents
The good news is that you are not alone. One of the best sources of strength, information and assistance following an accident is an attorney who specializes in dealing with these car crashes. If you were the victim of another person’s negligence or misjudgment behind the wheel, an experienced lawyer will be able to explain how the traffic and liability laws are designed to care for you, restore your property and compensate you financially for the pain and suffering you have endured.
Help for Those Who Fear They Are Responsible
Of course, you may also be weighed down by feelings of dread, especially if you think the accident was your responsibility. On such occasions, a car accident attorney is extremely helpful as well. A well-versed lawyer will be able to:
- Explain the limits of your liability. Laws are written to preserve equity, not to persecute.
- Help you to put forward your wisest case. There may be surprising options open to you.
- Prepare you for any eventuality resulting from the accident.
An attorney’s advice can serve as a road map confidently leading you toward recuperation from the crash and its aftermath.
Help From Professionals
To be sure, one of the harshest and most frightening of life’s unexpected twists is an automobile accident. Whatever your part in a crash may have been, you will benefit from the confident counsel of professionals who understand all the nuances and clauses of insurance policies and traffic laws. The priority of an attorney who specializes in car accidents is to represent you without hesitation or judgment as you move through your recovery. Should you experience the misfortune of a car accident, you should seek help from a caring legal professional.
May 1, 2021
Personal Injury Lawyer
Assumption of risk is an affirmative defense within the law of torts that a defendant can raise in a negligence action. It refers to a legal doctrine in which an individual is barred from recovering damages involving an injury when the individual willingly presents themselves to a known danger. Plaintiffs within a case cannot seek damages if the plaintiff knew the condition that the individual was placing oneself in and has given full consent to do so, taking a risk regardless of the underlying knowledge of injury. This is primarily raised in premise liability cases, such as entering in an area that contains signs in which the risk of bodily harm and criminal consequences are shown.
The defendant must display certain aspects to use the assumption of risk defense successfully. First, the plaintiff had to have knowledge of the risks involving the action. Additionally, the plaintiff would have willingly accepted the risk, particularly through agreement or implied with words or action. The premise behind this concept, incorporating these two aspects, would make it so the defendant does not owe any legal duty to the plaintiff, meaning the duty element of negligence is not met, and ultimately making it so the plaintiff cannot recover for injuries caused by either risks inherent to the situation or the dangers brought about through defendant’s negligence.
It is the burden of the defendant to discover proof when it comes to determining an assumption of risk defense, being responsible for showing that the danger was vividly apparent, or the conduct was fundamentally dangerous. Following the standard of proof is the preponderance of the evidence, demonstrating that it is more likely than unlikely to be true.
Express Assumption of Risk and Implied Assumption of Risk
Express assumption of risk and implied assumption of risk are two contentions that align with the notion of known-hazardous conditions and willingness to participate in the dangerous action.
According to Nevada Jury Instruction 4.17, an express assumption of risk is defined as the plaintiff assuming the risk of injury by specifically agreeing with the defendant that the plaintiff would not hold the defendant responsible if an injury should be caused by the known risk. It is conducted before an event occurred in which the plaintiff was injured because of a known risk, explicitly accepting the risk, and therefore, making it so the plaintiff may not recover damages from the defendant for that injury. For example, written agreements such as waivers fall under this category. The responsibility of the jury when presented with the facts is to review the relevant documents that they will examine to reach a verdict.
Contrasting with express assumption of risk, implied assumption of risk is inferred through words and conduct. Plaintiff would have had to have a complete understanding of the possible harm that could present itself, consenting to the risks under those circumstances. Implied assumption of risk is more abstract when rendering a decision, thus making it harder to determine if the assumption of risk is prevalent. The jury would have to examine the existing facts and circumstances of the situation, making it more difficult for the defendant to clearly and distinctly reveal that the plaintiff knew the risks prior to the action.
When it comes to personal injury cases and the assumption of risk, it may be useful to consult with an experienced personal injury lawyer such as Eglet Adams. The details of these cases are sometimes abstract and difficult to do without the help of good legal counsel.
March 13, 2021
When you think of Progressive Insurance, you probably picture a smiling and slightly dopey brunette dressed in all white with the Progressive logo planted firmly on the front of her apron. This character, Flo, has been the mascot of Progressive Insurance since 2008, appearing in over 100 commercials with her breezy positive attitude. Flo makes Progressive Insurance look simple as she skates (sometimes literally) around smiling customers, helping them find the perfect insurance for their budget.
However, when it comes to drunk driving accident claims, Progressive works like any other insurance company — attempting to minimize their liability and amount of money owed. Here are the steps you should take when filing a drunk driving accident claim with Progressive Insurance.
Step 1: Write Your Personal Injury Claim
After an accident with a drunk driver, you should immediately begin crafting your personal injury claim. Make sure you have all the necessary information before contacting the adjuster at Progressive. It’s important that you come forward with a well-written settlement claim, detailing your demands in the aftermath of the incident. Additionally, you should be confident in the amount you are asking the insurance company for. Do not ask for anything less than what you need. This includes all medical bills, wages lost for time spent off work, pain and suffering damages and more. If you’ve never filed a personal injury claim before and don’t know how to go about writing your settlement claim, you should meet with a car accident attorney who can ensure your demands are reasonable and well crafted.
Step 2: File Your Personal Injury Claim
Progressive Insurance will likely have you file your claim either through their website or over the phone. Before reporting the claim, you should have certain information on hand in order to ensure a smoother transaction. These include:
- Date, time and location of accident
- Contact information for all parties involved in the accident
- The make, model, year and license plate numbers of all vehicles involved in the accident
- List of injuries and damages to parties and vehicles involved
You should file your claim as soon as possible; although you should wait until all medical issues have been treated so you know the final total of any medical bills.
Step 3: Speak with a Progressive Representative
Once you’ve reported your claim, Progressive will put you in touch with a claims representative. This representative will speak with you and ask several “on the record” questions about the incident. Once the questions are answered, the representative will discuss coverage options, set up a time to inspect the damages and answer any of your questions.
If you were a victim of a drunk driving accident and need to speak to Progressive Insurance, reach out to a qualified car accident attorney, like a Bethesda car accident lawyer from Cohen & Cohen, P.C., to discuss potential damages and settlement claims in order to ensure you are compensated for any effects of the accident.
February 5, 2021
An article written by Ryan Quinn was featured in the latest number of The Journal of the Virginia Trial Lawyers Association — a quarterly magazine with a substantive, hands-on approach to issues relating to trial practice. The Virginia Trial Lawyers Association is a voluntary bar association established in Williamsburg in 1959, dedicated to enhancing the knowledge, skills, and professionalism of trial lawyers and committed to improving the law and the fairness of Virginia’s system of justice.
Common Carrier Litigation: An Overview of Relevant Case Law
“Successfully litigating personal injury cases involving common carriers requires a nuanced understanding of several legal principles unique to common carrier litigation. This article will examine the relevant case law and set forth the broad legal principles that guide legal assessments in common carrier cases.” To read the full article click here.
September 23, 2020
Medical Malpractice Lawyer
Sometimes we trust doctors and medical professionals more than we trust anybody. We figure they spent so much money on education that they have to get it right. Anytime we feel ill or hurt they are usually the first that we went to. Unfortunately, medical professionals are educated but they are not perfect. They are sometimes when they may miss diagnose or can even cause injury. Been missed diagnosed can cause a domino effect of other health concerns and can lead to a lot of financial burden. In the event that you or someone you know has been improperly diagnosed, depending on what other issues that led to you may be able to be compensated for any damages or trouble.
Just being misdiagnosed is not enough to win a settlement. There must be some sort of negligence that the doctor or medical professional is guilty of and this negligence led to some injury or some sort of illness to you or your loved one. In order to prove this, sometimes it is best to speak with a skilled personal injury attorney who has experience with these types of cases. The injuries or illness cannot be due to your own negligence. There must be proof that these injuries or illnesses came to be based on the doctor or medical professionals’ lack of care, and it is up to you to prove to an insurance company or a judge that the doctor is the reason these things happened.
The scary thing about a misdiagnosis is you may take the wrong prescription, or not even be aware that you are ill. This can lead to other health related issues. We spoke with the attorneys at Andrew R. Lynch who explained, having a medical malpractice attorney will give yourself the opportunity to not only recover as much as possible but also be compensated for any medical bills and expenses or any other financial burdens that occur due to this injury or illness. In the event that you or someone you know has suffered from a misdiagnosis, contact an attorney to see what your legal options are. There are so many things that can contribute to a successful claim as well as so many things that could contribute to a failed claim. There is no need to do this alone, speak with a medical malpractice lawyer as soon as possible and get what you deserve. Sometimes a misdiagnosis or no diagnosis at all, can lead to lifelong illness, injuries, or even death.