Five Questions to Answer Before Filing for Wrongful Death Claim
As a point of entry, a knowledge of what the subject denotes is important. Any form of negligence or misconduct by an individual that leads to the death of another is termed wrongful death. This means that any form of tragedy that could have been averted but due to the negligence of another lead to a death. Any intent to cause harm by the defendant may be met with both criminal and civil proceedings. While civil suits are meant to charge for damages and monetary loss that may have been suffered by the plaintiff, the criminal suit takes a different route. When an individual dies, there’s a family left behind to grieving over lost dreams. A wrongful death can be the loss of a spouse, son, sibling, parent, and other loved ones. As an individual who lost a loved one to wrongful death, you are permitted to make a claim. However, wrongful death is guided by prerequisites that border on timing, evidence, and qualifications of the plaintiffs. Before you sue for wrongful death, ensure you provide answers to the following questions; Who Are You to The Deceased? The statutes guiding wrongful death claim clearly specify who can be the plaintiff in a wrongful death suit. Only close family members can file a wrongful death claim, family members such as the spouse, children, parent and will executor. The aim of a wrongful death suit is the compensation of those who suffer a loss, which are the loved ones. In a case where the deceased have a will in place, the law court will appoint an executor who will file the claim. For example, if an unborn child is lost due to the negligence of the medical personnel, the parent of such unborn fetus are the plaintiff. What Is the Evidence? A solid prove must be available to back the claim of the plaintiff in the case of wrongful death. The element of negligence and the pain in every form that the death has caused must be clearly established by the wrongful death lawyer. A breach of duty or trust be clearly proven by the plaintiff representatives. Was There Any Breach of The Duty of Care? Under normal circumstances, an individual must ensure that their actions and inaction does not cause injury to another. If it can be proven that such are was not taken, then the plaintiff can file for wrongful death. For example, if a medical personnel does not administer treatment on a patient as when due, and this leads to the death of the patient, there will be a case of breach of duty. So also, any form of intentional action by an individual will also be proven with intent to cause harm. What Caused the Death? There will be a need to prove that the breach of care by the defendant was the direct cause of death. The cause of the death is one of the important questions that must be proven by the plaintiffs. For example, if a drunk driver hit a student suffering from Asthma, and in the cause died from the complications of Asthma, then […]
Read moreCommon Child Injury Locations
Every building be it residential or commercial place must be safe. If a building is unsafe or at a risk for anyone who steps on it, then it is legally acceptable that the occupant of the building be culpable for any accidents that would be suffered therein. Although, adults mostly recognizes danger when they see it and would try to make it safe out of tricky places such cannot be said of children as they are highly susceptible to dangers, they would not be able to manipulate themselves out of risky situation. Several laws regulate safety in residential and commercial places however; the major law or act that is of great concern is the Occupiers Liability Act of 1957 amended in 1984. The Act requires the occupant of a building to be responsible for its safety. Shops Accidents or injuries could occur in shop when the shop is disorganized- improper arrangement of stuffs in the premises. As noted above, adults have no problem navigating these unfriendly terrains, but for children, it is a great difficulty as they might not be able to find their way around these obstacles. When an injury or accidents occur in a shop, it is usually considered whether the shop has adequate provision in forms of systems that would ensure that the barriers are dislodged or a cleaning system to clear any mess for example someone cleaning spillage or removing fruit peels from the ground. If not the shop would be penalized and the child compensated. Schools Several examples abound, some are captured here: Chemistry Mishap – In a chemistry class, the teacher was illustrating how to use a fire extinguisher when the fire extinguisher released and hit a student on the eye. The injury was not a serious one. A successful claim was made and compensation was given which covered expenses. Football Jump – a child who was playing football with mates was injured while trying to collect the ball from the rooftop but fell and sustained multiple injuries. The accident caused the child’s parents to demand for a compensation, which was granted. Arranging Chairs – A child was injured asked by a teacher to arrange chairs. The case against the city council was that the child was not told the hazards of stacking chairs. The claim was successful as the child’s parents were compensated. Protruding Objects – a child face was injured by a sticking point in a school fence. It was said that the child was playing around the school playground and was running about a board when the objected pointed into the child’s face. The child was compensated for the injury and all expenses were covered. The Bike Shed Accident – A child on climbing a container left in the school premises and jumping unto a bike shed was injured. The bike shed could not contained the child’s weight and have to give way causing the child to fall to its injury. Gravel Path Accident – A gravel path caused a child to fall thereby sustaining injuries. The path was deemed unsafe and was suggested that it be dropped down. The claim […]
Read more5 Things That Ensure You Get The Compensation You Deserve From Your Motorcycle Accident
If you’ve been the unfortunate victim of a motorcycle accident through no fault of your won, California state laws entitle you to seek damages from the responsible party. Those damage awards can include personal and emotional injuries as well as payments for damages to your property. Defining fault in a motorcycle accident isn’t easy, but it is possible and necessary. Fault helps establish your case and has a bearing on the amount of compensation you can receive. We’ll define some fault guidelines that may help bolster your case. Comparative Negligence Comparative negligence proportionately assigns fault to the parties involved and helps determine award amounts. It is crucial to have an experienced motorcycle attorney on your side to make sure the fault assessment is fair and unbiased. Evidence Gathering Physical and forensic evidence make up the crux of your case. It is therefore vital to your case that evidence be gathered, tracked, assessed, interpreted, and presented in court by experienced experts who know what they’re doing. Accident Scene RecreationInjuries and emotional trauma may make it difficult, if not impossible, for accident victims to accurately recall important details. Professional recreation of the accident scene can bolster your case and give judges and juries a clear picture of what actually took place. Accident Investigation Trained investigators can analyze tire track skids and angles, glass shatter patterns and other forensic clues that point to fault in a motorcycle accident. Expert Legal Representation The key to the compensation you need and deserve is an expert legal team handling your case. We are practiced in these cases and can ensure you receive everything that’s owed to you from the negligent party. You need an attorney who can help protect your rights and make sure you receive the maximum compensation possible so you can concentrate on recovery.Call us at (323) 999-3500 today.
Read moreBurn Injuries: What Are Most Common Causes
Burn injuries are a very serious problem and are more commonplace across the country than you may think The American Burn Association estimates that as many as 500,000 injuries take place annually across the United States alone. The survival rate is somewhat encouraging at about 94% but a burn injury is no light matter. Any burn victim will tell you it’s one of the most painful experiences to live through. Medical professionals who have spent time with patients suffering catastrophic burn injuries that they are one of the most devastating types of injuries that can occur. An external injury of this nature takes place when the skin is exposed to intense heat coming from fire, electricity, chemicals or even radiation. Internal burn injuries can be caused by inhaling harmful fumes like heated gas or by swallowing hot liquids or even through electric shock. The intensity of a burn usually depends on how deep it is and how much tissue has been damaged. Burn injuries if serious enough can damage not only the three main layers of our skin but also muscles, blood vessels, and even our bones. According to the American Burn Association the most common causes of burn injuries are as follows: Contact with an open fire or flame: 46% Scalding and resulting injuries including from steam, hot water, spilled coffee, and other hot liquids: 32% Thermal burns through contact with hot objects like ovens and clothing irons: 8% Electrical burns: 4% Chemic burns: 3% The remainder is divided between minor causes including sunburn, fireworks, inhalation. According to research by the association men are a more likely victim comprising 70% of all cases. A whopping 70% of all accidents associated with these injuries take place at home with 17% on the road, 8% at work, and 32% everywhere else Source: American Burn Association 2007 http://www.ameriburn.org/resources_factsheet.php Burn Incidence and Treatment Fact Sheet.
Read moreCauses of Traumatic Brain Injury
It’s often difficult to truly and accurately determine just how many people suffering from Traumatic Brain Injury also known as TBI. It is alarmingly larger than most of us would expect, however. According to the U.S Center for Disease Control and Prevention (CDC), there are roughly 1.5 million patients suffering from TBI-related injuries each year in the United States alone. Furthermore at least 85,000 suffering from long-term abilities annually as a result of it. In the U.S over 5.3 million live with these disabilities. Although those admitted into the hospital are included in these figures, ER visits and clinical visits are not. So what causes TBI? The reasons can actually vary from case to case but the top three are due to auto accidents, gunshots, and falls. In the case of firearms, 9/10 of all patients will die as a result of the fatal injury. Senior citizens and young adults have so far proven to be the highest risk age, group. Spinal cord injuries are also included in these risk factors along with injuries to the brain and can also result from outside car accidents, gunshots falls. There is no known cure for TBI so it goes without saying that prevention is the best bet. Primary Causes The following are the main contributing causes to those who have suffered from TBI, and in many cases as you’ll see many could have been prevented. They are follows Open Head Injuries – These head injuries can result from bullet wounds, punctures, a number of other causes. Most of the damage is focal damage and usually involves penetration of the skull. It has often by documented the resulting effects are often equally grievous to those seen in closed brain injuries. Closed Head Injuries – Closed ahead injuries are usually connected to slip and fall accidents, car crashes, and so on. Focal damage is seen here as well a great deal of diffuse damage to the axons. The effects, therefore, tend to be very broad because of this. Deceleration Injuries (Diffuse Axonal Injury) – To understand these types of injuries you must understand the environment of your brain. While your brain is very soft and not much more solid than gelatin the skull that contains is hard as a rock and unyielding. So first you have acceleration, which is skull moving through the air to a certain point then deceleration, which takes place when your skull makes impact usually with a hard object. Unfortunately, the brain and skull don’t move evenly because of their difference in density, so the brain is basically moving inside the skull. This kind of differing movement, therefore, can cause serious injuries resulting from contusions, brain swelling, and axonal shearing. Diffuse axonal shearing: Diffuse Axonal shearing takes placed when the brain slams too and fro within the skull, back and forth. The brain, due to its soft gelatin-like texture is furthermore stretched and compressed. With a strong enough impact, the axons will be torn as a result of being forced to stretch too far. A severe brain injury will cause axonal shearing as well killing the neurons. Chemical / Toxic […]
Read moreIdentify The Trucking Accident Types
Per the Nation Highway Traffic Safety Administration our highways and freeways can expect to see as many as 2,000,000 tractor trailers and 18-wheelers and semis driving at anytime. While there are strict regulations on a state and federal level regulating this industry, there can sometimes be a great deal of negligence in the trucking industry as a whole. The vast majority are directly attributed to human error rather than other uncontrollable factors. If you’ve been in a trucking related accident you are most likely entitled to compensation. We have years of experience in representing clients on a contingency basis for these types of accidents. You might be entitled to compensation but don’t even know where to begin. We’ll gladly schedule a free consultation and we can discuss the different categories of trucking accidents in more detail, especially as it pertains to your recent injury. Common Accident Types Accidents that occur between this large freight trucks and smaller personal vehicles on the road actually quite common. Needless to say it’s generally the one in the smaller vehicle who suffers must. In just the year 2012 we witnessed 214 deaths related to these accidents in one state alone. Of those deaths 185 we’re driving the smaller vehicle. These types of accidents that can cause death or serious debilitating injuries are made up several smaller categories: Rollovers – Rollovers occur as one of the most common accident types among these categories, and can sometimes be the most deadly for both drivers involved. Some factors that are said to cause these tragic accidents might include steep spots on the road, driving at an acessive speed, and loads that are top heavy or overloaded. In some cases jackknives can further lead to rollovers as well. Jackknives – In some cases a tractor trailer may have its brakes lock up. This can cause the trailer to skid and swing at an angle away from the cab, leading to disaster. Rear-Ends and Under-rides – These types of collisions can occur due to complications in completing turns and stopping completely. Because of this in some cases excess speed can cause an accident. This usually involves a rear end collision by either vehicle or in some cases when the smaller vehicle slides under the truck. Head-On and Slides-Research indicates that most accidents involving these large trucks and smaller vehicles occur in divided two-lane highway more than other location. These can happen if a driver carelessly changes or lanes or slides into the other’s lane without realizing it. Excessive speed is also often a contributing factor. Runaway Trucks-Runaways can occur when a truck’s brakes malfunction and therefore the driver fails to stop on time. On steep inclines, especially, these can lead to multiple cars becoming involved and even nightmarish pile-ups. Lost Cargo Loads-As the name describes this when a truck loses its cargo. This is generally because the load is not properly or sufficiently secured. These falling and rolling object then cause an accident as they slide onto the road. Overloaded trucks can also cause a truck to lose its proper center of gravity and result in poor and uncontrollable […]
Read moreWhat Should You Do If You’re Bitten By A Dog
There are many reasons that dog bites can happen. It could be that a puppy is simply entering a teething stage to an overly aggressive neighbor’s dog attacking you in an alleyway. What to do depends on how serious your injury is and on the unique circumstances of each situation. Sometimes it might not be a big deal, but in many cases there are steps you want to take for your own safety and the future safety and others. You will of course want to consider how serious the situation is: Superficial Injuries If your injury is minor such as a small scrape simply clean the wound with running water and a cleansing agent or rubbing alcohol designed for disinfecting wounds. You may also add an antibiotic ointment and bandage appropriately. Punctures In most cases you can let a puncture wound bleed a bit. You’re not going to bleed out unless it is gushing tremendously or if it is on your head or neck area, in which case you should call for an ambulance. If it’s not that serious, however, you can let it bleed for a few minutes, which will actually help it clean and disinfect. After five minutes apply pressure to the wound to see if you can stop the bleeding on your own. If that doesn’t work and the flow continues after a time you can then place a 911 call or visit an ER as soon as possible. Once it does stop rinse the area with running water and soap for about five more minutes. Puncture Wounds First of all, don’t be afraid to let the wound bleed. Unless you’ve lost a lot of blood or it is gushing out forcefully, or the wound is in your head or neck, (in which case call 911 immediately), wait five minutes. The flow of blood out of the wound will help to cleanse it. You don’t want to use rubbing alcohol or related substances for puncture wounds because they can actually slow the healing process. Usually they won’t require bandaging as they can heal naturally so long as you can stop the bleeding. You will need to clean the wound thoroughly first if you do choose to, but as luck would have it other than teeth marks and a lot of pain dog bites don’t leave debris or other complications in their wake. Disease and Rabies If you’re bitten by a dog you don’t know or know that they haven’t received shots or proper care (such as strays) the American Red Cross warns against to capture that animal. It’s better to avoid contact and instead contact animal control ASAP. You should also make sure to get your rabbies vaccinations as soon as possible by calling 911 and/or visiting an emergency room as soon as possible. Signs that an animal may be rabid may include (but are not limited too) unusually aggressive behavior, the appearance of being partially paralyzed, or other strange behaviors. Make sure to thoroughly clean any bite or wound and use proper disinfectants and antibiotics. Remember that all animal bites can carry infection and bacteria, especially […]
Read moreProving Fault in Dangerous Property Accidents
An accident that takes place on somebody’s property due to dangers or defects that abound ether outdoors or inside of a property is known as a “premise liability” accident. This can happen on just about any type of property, but here are three most common: Residential properties: private or rental homes Commercial buildings: shops, offices, restaurants etc. Public property: parks, streets, public transit etc. A property or “premise” is deemed dangerous for any number of reasons. This could include faulty design, low quality building materials, poor maintenance, or excess clutter that presents a safety hazard. These kinds of hazardous conditions could lead to an accident like something falling on you or causing you to slip or fall. So what happens if you’re involved in one of these accidents yourself? There are two main rules to consider when determining who is liable for one of these premises accidents. Rule Number 1: The Owner Must Keep the Property Safe It is the owner or occupant who bears the legal responsibility for anyone that enters the property when it comes to safety. Such parties are responsible for insuring that those who enter (tenants, shoppers, visitors, etc.) are not subject to unreasonable risks related to the design, building standards or condition of the property. Why? Because they are the ones who remain in control of the safety standards and condition of the property while visitors, tenants, shoppers, and all other temporary occupants are not. For example someone were to step on a loose nail sticking out in the entrance to an apartment building, the owner of the building would be responsible because they never fixed it. Rule Two: Visitors Should Use In A Normal Manner The flip side to this rule adds a stipulation for the visitor that takes their conduct into consideration. If someone is using property in an unusual, careless, or unauthorized manner the owner may no longer be liable. For example, if someone is riding a shopping cart like a scooter sponsored by NASCAR, the store owner may no longer liable if they get hurt. What About Injured Employees? This law also applies to employees who are injured on the job or on their employer’s property. If a worker is injured while on the job, generally a workers’ compensation claim is the exclusive remedy. However, there are certain exceptions. For example, let’s say that there is a construction worker who is on clock and working on a ladder. Then, the rung of the ladder snaps, causing the construction worker to fall down several feet and break his leg. In this situation, the injured worker could potentially have both a workers’ compensation claim, as well as a products liability claim. Who is Responsible: The Owner or the Occupier? In some cases an occupier may be different from the actual owner of a property, which is where some get thrown for a loop determining liability. Take for example a retail store that may be renting their building through a commercial lease. In this case the store owner is the occupier while the one they’re leasing from is the owner. The same could be […]
Read more