Wrongful Death and Hiring an Attorney: Frequently Asked Questions

Wrongful Death Lawyer

The unexpected and tragic loss of a loved one due to wrongful death can be an overwhelming experience for families. If you find yourself in such a situation, you may have legal questions and concerns about your rights and options for seeking justice. This blog will explore some FAQs and give you the answers you need.

What is wrongful death?

Wrong death, as a legal concept, refers to death caused by another person’s negligence or intentional actions. This can include car accidents, medical malpractice, defective products, workplace accidents, criminal acts, and other situations where someone’s wrongful conduct leads to the death of another person.

Why should I hire an attorney for a wrongful death case?

Wrongful death cases can be complex and challenging to navigate, especially when it comes to negotiating with insurance companies or when the other party is an entity like a business instead of an individual. Hiring an experienced wrongful death attorney can provide you with the expertise and support needed to pursue justice for your loved one’s death. An attorney can help you understand your legal rights, gather evidence, negotiate with insurance companies, and represent your interests in court if necessary.

How do I choose the right attorney for my wrongful death case?

A: When selecting an attorney for a wrongful death case, it’s essential to consider their experience, expertise, and track record of success in handling similar cases. Look for an attorney who specializes in wrongful death and has a proven history of obtaining favorable outcomes for their clients. It’s also crucial to have a consultation with the attorney to discuss your case, ask questions, and assess their communication style and approach.

What compensation can I seek in a wrongful death case?

Compensation in a wrongful death case may vary depending on the circumstances and applicable laws. Typically, compensation may include damages for medical expenses, funeral and burial costs, loss of income, loss of companionship and support, pain and suffering, and other related damages. An experienced wrongful death attorney works directly with you to help determine the types of compensation you’re eligible for.

Is there a time limit for filing a wrongful death lawsuit?

Yes, there is a time limit, known as the statute of limitations, for filing a wrongful death lawsuit. The statute of limitations varies by state and type of case, and it’s crucial to adhere to the deadlines to protect your legal rights. Not filing within the statute of limitations can cause you to lose compensation.

How long does a wrongful death case take to resolve?

The timeline for resolving a wrongful death case can vary depending on several factors, including the complexity of the case, the willingness of the parties to negotiate, and the court’s schedule. Some cases may be resolved through settlements outside of court, while others may require litigation and go to trial, which can prolong the process. An experienced wrongful death attorney can provide you with a better understanding of the expected timeline for your case.

What if the responsible party has insurance?

In a wrongful death case where the other party has insurance, the person’s insurance company might be held liable to pay you. Insurance companies may attempt to minimize their liability and offer low settlements. It’s important to have an attorney on your side who can negotiate with the insurance company and protect your rights to fair compensation.

Wrongful death cases can be complex and emotionally challenging for families who have lost a loved one due to the wrongful actions of another party. Hiring an experienced wrongful death attorney can provide you with the legal guidance, support, and advocacy needed to pursue justice for your loved one’s death. When hiring a wrongful death lawyer, it’s vital to choose someone with years of experience, a fact our friends at Ward & Ward Law agree with.

Seeking Legal Guidance After A Premises Liability Accident

Working with a premises liability lawyer is imperative for victims who suffer from slip and falls, dog bites, swimming pool accidents, or negligent security due to a property owner’s negligence. By speaking with a lawyer to determine the path forward, you may be entitled to compensation for your damages under premises liability laws. However, navigating the legal system and proving negligence can be challenging and complex, so it is crucial to seek guidance from experienced lawyers like those from our Blitz Law Group, LLP.

Suffering injuries due to a property owner’s negligence can deeply impact a victim, which is why help from a premises liability lawyer may be necessary. They know local laws and regulations governing these cases and can help you understand your rights and options. They can also investigate your case, gather evidence, and work with experts to build a strong case on your behalf.

One of the significant advantages of working with legal professionals is their ability to negotiate with insurance companies and other parties involved in the case. When seeking damages after an accident that was the result of negligence, it’s common for insurance companies to offer low settlement offers to victims and even minimize their liability. Your lawyer can help you understand the actual value of your case and negotiate for a fair settlement that covers all of your damages.

While much of the time it may be possible to reach a resolution through the settlement process, in some cases, it may be necessary to pursue a lawsuit, which may go to trial if an agreement is not reached. If this happens, it is essential to have a skilled and experienced lawyer on your side. Our team can present your case to a jury, cross-examine witnesses, and argue on your behalf. This can be daunting, but with the right lawyer, you can feel confident that your case is in good hands.

There may be strict deadlines  for taking legal action due to the statute of limitations in New York, and because of this, time is of the essence in cases of this nature. If you have suffered injuries due to a property owner’s negligence, it’s essential to schedule a consultation with an experienced lawyer as soon as possible. Your lawyer can help you understand your legal rights, ensure that you meet all filing deadlines, and work to ensure that you receive the compensation you deserve.

Cases centering around premises liability are often complicated, and can be incredibly difficult to navigate without help from a legal professional. If you need help with a premises liability case don’t hesitate to contact a knowledgeable and experienced lawyer. They can provide guidance, support, and legal representation throughout the entire process, from initial consultation to settlement or trial. With the right professional by your side, you can feel confident that your case is in good hands.

Keep in mind that premises liability can take on any number of accidents, including swimming pool accidents, negligent security, slip and falls and more. However, no matter the type of injury you have suffered due to a property owner’s negligence, a premises liability lawyer can help you seek the compensation you deserve. With their expertise, knowledge, and experience, they can guide you through the legal process and fight for your rights. Don’t wait until it’s too late to seek legal help – contact an experienced lawyer today to schedule a consultation and discuss your case.

How To Become A Safer Driver

Car Accidents

Defensive driving is a safe driving technique that helps prevent accidents and reduce the risk of injury to drivers and passengers on the road. Defensive driving enables you to be aware of the road and understand other drivers’ actions.

By adopting defensive driving techniques, you can significantly reduce the chances of being involved in a car accident. It is essential to be careful on the road and know all the rules before driving. Here are some of the benefits of defensive driving and tips on how to become a safer driver according to a personal injury lawyer from our friends at SL Chapman Trial Lawyers:

Prevent Accidents: 

One of the primary benefits of defensive driving is that it helps prevent accidents. By being aware of potential hazards on the road, such as distracted drivers, road debris, and weather conditions, you can take steps to avoid them and stay safe. If you drive properly, it helps in following the rules and staying safe at all times.

Save Lives: 

Defensive driving can save lives by reducing the number of accidents on the road. By taking steps to prevent accidents and reducing the severity of crashes, you can help protect yourself and others on the road.

Reduce Insurance Costs: 

Defensive driving can also help you save money on car insurance. Insurance companies offer discounts to drivers with defensive driving courses or a clean driving record. By being a safer driver, you can reduce your risk of accidents and lower your insurance premiums.

6 tips to become a safer driver: 

Stay Focused: 

One of the leading causes of accidents is not staying focused while driving the car. Always stay focused and avoid texting or talking on the phone while driving. Always keep your eyes on the road while driving.

Maintain a Safe Distance: 

It is essential to maintain a safe distance on the road. It gives you time to react if a driver suddenly stops, reducing the risk of a collision.

Follow the Speed Limit: 

Speeding is a common cause of accidents. By following the speed limit, you reduce your risk of being involved in an accident and increase your reaction time.

Anticipate Other Drivers’ Actions: 

One of the key principles of defensive driving is to anticipate the actions of other drivers. Pay attention to their movements and be prepared to react to sudden changes.

Keep Your Vehicle Maintained: 

Regular maintenance ensures your car is in good working order, reducing the risk of mechanical failure on the road.

Take a Defensive Driving Course: 

You can apply for the defensive driving course to become a safer driver by learning the techniques. You’ll learn to anticipate potential hazards, make quick decisions, and avoid accidents.

Conclusion: 

Defensive driving is a safe driving technique that can help prevent accidents and reduce the risk of injury on the road. By following the tips above, you can become a safer driver and enjoy the benefits of defensive driving. Remember to stay focused, maintain a safe distance, follow the speed limit, anticipate other drivers’ actions, maintain your vehicle, and consider taking a defensive driving course. Safe driving!

Who Is Responsible For My Uber Accident?

When someone is injured in an Uber accident, how much insurance coverage they get may depend on the actions of the Uber driver in the moments leading up to the incident. When an Uber driver causes a vehicle collision, liability is questioned, and the outcome will vary based on if they were considered an independent contractor, employee, or operating the car on their personal time and not connected to the app when the accident happened. If you were riding as a passenger in an Uber, then you may be asking yourself who is responsible for the injury and damage that resulted.

The driver’s status may also have an effect on how much passengers receive in damages through a personal injury lawsuit. Car accident injuries can cause losses in the form of lost wages, medical bills, car repairs, and replacement of damaged personal items. The total in damages may exceed what the minimum insurance coverage limits are for drivers. As an uber accident lawyer explains, insurance limits are low and the driver does not have sufficient assets, an injured passenger may be left having to pay for the costs of the accident themselves, which is not fair to someone who was just utilizing the Uber service and had no fault in the situation unfolding. 

Let’s say that you took an Uber as a passenger and did not cause the accident to happen, but you were not wearing your seat belt at the time. Some people see riding an Uber or taxi differently than if they were riding in a friend’s car, and may not wear a seatbelt. But failing to have a seat belt on can reduce your chances to recover repayment for the damages you accrued, such as costs for medical bills and loss of wages from missing work, among others. The Uber driver who caused the accident, their insurance company, or Uber may claim that you were negligent from not wearing a seat belt, and that your injuries would have been avoided or less severe if a seat belt had been on. 

Uber drivers, and other rideshare drivers, may have different degrees of liability based on exactly what they were doing when the accident happened. For instance, there are usually three liability limits including whether the rideshare driver was picking up a passenger, was logged onto the uber app and waiting for the passenger, and if the driver was not connected to the app and was driving on their personal time. Depending on factors such as these, the liability limits could be in the thousands of dollars or millions. Ultimately, passengers who were simply taking an Uber when their driver or another caused an accident may be left with costs that they should not have to pay themselves. This is a common reason why people get help from a law firm team familiar with handling Uber accidents, such as Norris Injury Law. Your lawyer can review evidence and hear your side of the story, then inform you who was most likely at fault and how much in compensation you deserve.

If you are wondering who is responsible for your Uber accident, consider the information provided here and visit with a lawyer near you as soon as possible if needed. 

Why You Should Work With a Brain Injury Lawyer

Brain Injury Lawyer

March is Brain Injury Awareness Month. Promoted by the Brain Injury Association of America, the designation highlights the need to learn more about these potentially life-altering injuries. It’s also a reminder to consider their legal ramifications, particularly when and why you should contact a brain injury lawyer. Failing to protect your rights or accepting a lowball insurance settlement can leave you in financial distress.

If you’ve suffered a brain injury from an accident or know someone who has, you should read on. 

What Is Considered A Brain Injury?

“Brain injury” is an umbrella term referring to an injury that damages part of the brain, but not all brain injuries are the same. There can be significant variations in the severity of these injuries. 

Two phrases to understand are “acquired brain injury” (ABI) and “traumatic brain injury” (TBI). An acquired brain injury is one that’s not congenital (present at birth), degenerative (due to irreversible deterioration), or caused by birth trauma. This includes strokes, brain tumors, and damage from accidents, infections, or diseases.

Traumatic brain injuries are a specific type of acquired brain injury. Causes include:

• Being struck by an object or debris
• Falling from a height, or a slip and fall 
• Experiencing force from an explosion
• Suffering damage from the head contacting an object, such as a window or steering wheel in a car accident

Brain injuries can be penetrating (meaning an object enters the skull and brain tissue) or non-penetrating (meaning the brain has been damaged by an external force). Common types of brain injuries include: 

• Lesions
• Contusions
• Hemorrhages
• Skull fractures 
• Hematomas

Any brain injury can cause severe, long-lasting symptoms. That’s why you should contact a brain injury attorney if you or someone you know is a brain injury victim. 

What You Need To Know About Brain Injuries

Traumatic brain injuries are known as a “silent epidemic” because symptoms are often overlooked or downplayed. That causes treatment to be ignored or delayed. It’s common for people to underestimate the effect a brain injury will have on their body, mind, and spirit.

Approximately 3 million people in the U.S. suffer brain injuries annually. Of those, more than 61,000 die as a result. 

Falls cause nearly half of all emergency room visits for TBIs. Other common causes include motor vehicle crashes and victims being struck by objects. Some people who survive a brain injury recover fully. Others suffer ongoing side effects, from mild to debilitating. 

To help protect yourself and your loved ones from injuries, take these actions:

• Always wear your seatbelt in the car.
• Secure children in an age-appropriate child car seat or booster seat.
• Always drive sober.
• Refuse to ride with a driver who is under the influence of alcohol or drugs. 
• Wear a helmet when biking, skateboarding, riding a horse, or playing contact sports.
• Gate stairs in your home to protect young children.

Work With A Brain Injury Lawyer

Our friends at Ginnis & Krathen know that cases involving liability for brain injuries are complex. That’s why it’s essential to work with a personal injury lawyer at a practice that’s known as a “brain injury law firm.” 

Your lawyer should have the skills and experience to build a successful case and prove liability. That requires:

• Proving you were injured in the incident that’s the source of your lawsuit
• Demonstrating the severity of your injury
• Detailing the long-term impact of your injury (including the increased risk of developing dementia, Parkinson’s disease, and other conditions years or decades later)

Your brain injury attorney’s actions can help you secure the compensation you need to heal and move on with your life. If you’ve suffered lost wages, memory loss or other distress, don’t wait.

A brain injury attorney works with a network of experts, including medical professionals, to help you get on the path to recovery. They serve as your advisor and advocate, ensuring you get the compensation you deserve and need to pay your medical bills and other expenses.

If you or a loved one have been injured, reach out to a firm with a brain injury lawyer and review their record of success in obtaining fair outcomes. They can provide guidance to navigate your brain injury litigation.

What To Do After A Car Accident

Car accidents are all too common in the United States, injuring or killing thousands of Americans each year. As a car accident lawyer like our friends at Cashio Injury Attorneys, LLC can explain, this trend is only on the rise, which is why it’s essential to know what to do in the event of a car accident injury. Here’s a step-by-step guide:

1. Don’t Panic

Car accidents can be a traumatic experience, but it’s important to remain calm and focus on the next steps. Take a deep breath and assess the situation. Check if you or anyone else in your vehicle has sustained any injuries. If you are physically able, check on the passengers in any other involved vehicles as well.

2. Check For Injuries:

The safety and wellbeing of all parties involved should be the top priority. If anyone is hurt, call for medical assistance immediately. Even if there are no visible injuries, it’s important to seek medical attention as soon as possible. Some injuries may not be immediately apparent and can worsen over time if left untreated. Additionally, it’s crucial to document any injuries sustained in the accident, as this will be important evidence for any legal claims that may arise later.

3. Get Information From All Involved Parties

After ensuring that everyone involved in the accident is safe, exchange information with the other driver(s) involved. This should include their name, contact information, and insurance details. You may also want to obtain the make, model, and license plate number of the other vehicle(s). This information will be necessary when filing a claim with your insurance company or in the event that you need to take legal action.

4. Take Photos Of Everything

It’s important to document the accident scene as thoroughly as possible. Take photos of the damage to both vehicles from various angles, any injuries sustained by you or your passengers, and the surrounding area. Be sure to capture any skid marks on the road, debris on the ground, or any other factors that may have contributed to the accident.

5. Inform First Responders

As soon as possible, call the police and inform them of the accident, providing them with all the details you have gathered so far. An official police report can be useful in the event of an insurance claim. Also, seek immediate medical attention, even if you don’t think you’re injured. Some injuries may not present symptoms until hours or even days later, and delaying medical attention can hurt your chances of obtaining compensation later on.

Dealing with the aftermath of a car accident can be a stressful and overwhelming experience. That’s why it’s important to have a qualified legal team on your side to help you navigate the legal process and secure the compensation you deserve.

A skilled lawyer can negotiate with insurance companies, investigate your case, and help you understand your legal options. If you’ve been injured in a car accident that wasn’t your fault, you shouldn’t have to foot the bill. Get in touch with a lawyer in your area to get started with your case.