Posted by Maria on Jun 1, 2016 in Personal Injury | 0 comments
Death is an inevitable fact of life. But if a person dies all of a sudden and due to the negligence of another person, that is something that is not easily acceptable by the surviving loved ones of the deceased. According to the website of the Cazayoux Ewing Law Firm, the surviving relatives can file a wrongful death claim to make the person responsible for the death of their loved one liable.
A wrongful death claim can be made by a representative of the estate on behalf of the surviving members of the family and other affected parties. Such a claim can be made if the victim, who have made a personal injury claim, died due to the negligence or intentional harmful act of the defendant. There are several situations when wrongful death can take place, which includes:
- The victim died due to an intentional act. A perfect example is the OJ Simpson case. He was sued and accused of intentionally killing Nicole Brown Simpson and Ronald Goldman.
- The victim’s death was due to medical malpractice. If the victim died because of the failure of a doctor to properly diagnose a condition or if they showed carelessness in providing the needed level of care, the family members of the victim can sue the doctor for wrongful death.
- The death of the victim was a result of a car accident caused by a negligent driver. If the victim died from a car accident injury, his heirs can file a wrongful death claim.
Proving Wrongful Death
To be successful with their claim, the death of the plaintiff should meet the same criteria that they would need to satisfy if the victim was alive. First, there has to be duty of care on the part of the defendant. Second, that such duty was breached by the defendant which was the direct and proximate cause of death. Thirdly, that there were damages that the plaintiff is aiming to recover.
Who Can File A Wrongful Death Claim
A wrongful death claim can be filed by a representative of the family on behalf of survivors who had a relationship with the deceased. In all states, a spouse may file a wrongful death claim on behalf of their deceased spouse. Parents can claim damages for the wrongful death of their children, and minors can collect damages for the killing of their parents. In some states, the life partner of the deceased or anyone who can prove financial dependence on the deceased can file a wrongful death claim.
However, it would be much harder for distant relatives to prove that they can claim for wrongful death.
Posted by Maria on Dec 30, 2015 in Personal Injury | 0 comments
In this day and age, people want things done swiftly. This is an age that is growing more and more impatient by the day as there are an increasing number of ways in order to get instant gratification. While some of these processes certainly make things faster, that doesn’t mean that they are better. In fact, there are some institutions that often take advantage of this mindset in order to get the best deal for themselves and withhold just retribution towards the innocent.
Take, for example, the case between the relationship of insurance companies and plaintiffs in personal injury cases. If a plaintiff doesn’t have an attorney during a situation that can constitute as personal injury, they may be advised by representatives from the defendant’s insurance company to accept a payout and to just pretend that the whole thing never happened. This can be tempting as it involves the gratification of getting paid but it also removes the potential complications and hardships that legal process could mean.
According to the website of the Law Office of Charles D. Hankey, insurance companies know that it is statistically more likely for victims to receive higher monetary settlements if they are represented by an attorney than if they proceed with the situation without one.
This is because a victim – or the surviving kin of the victim, such as in circumstances surrounding wrongful death – may not know how to navigate their way around a situation like this. They may accept financial compensation that is not sufficient to meet all of the damage that the injury has done. They may thought of repairs or medical expenses but the cost of the loss of wages as well as the potential emotional trauma that was caused by the injury could not have been taken into consideration.
Posted by Maria on Sep 8, 2015 in Health | 0 comments
Not many people take soft-tissue injuries seriously, but they nonetheless can lead to very serious health complications. There are four types of soft tissue injury: ligaments, nerves, tendons, and muscles. These injuries can be either caused by direct or indirect trauma. Direct trauma involves sports activities and accidents, while indirect trauma comes from tissue overuse due to repetitive movements. According to the website of the Cazayoux Ewing Law Firm, common soft tissue injuries include sprains, strains, carpal tunnel syndrome and repetitive stress injury.
Because many factory workers have reported suffering from carpal tunnel syndrome and repetitive stress injuries, it has been covered by worker’s compensation. Those who suffer from it because of their work can file for benefits from their company to help with the treatment and rehabilitation of their injuries. However, for those whose soft tissue injuries are caused by direct trauma, a personal injury claim can be a legal option for them to win compensation. This is especially important when the injury is serious. Severe soft tissue injuries due to another person’s negligence actions can make them liable for compensation.
The treatment for soft tissue injuries can depend on the severity of the injury, yet it can’t be surmised that they injury needs long-term attention. Sprains and strains are often treated with the RICE protocol, which means Rest, Ice, Compression, and Elevation. This initial protocol treatment is generally very effective in treating acute injury, but moderate or severe injury can require bracing or even surgery to help repair the tears.
There are special equipment and protective gears that people can use in order to prevent soft tissue injuries. Likewise, other preventive measures such as drinking water, having a balanced fitness and lifestyle, warming up and cooling down, and proper stretching can greatly reduce chances of soft tissue injuries and even lessen the pain that they cause. Through the right equipment, conditioning and training, soft tissue injuries can easily be avoided.
Posted by Maria on May 2, 2015 in Personal Injury | 0 comments
Doctors, nurses, and other people in the medical profession play important roles that are integral to the workings of a community. Without their help, individuals will be unable to receive proper medical attention vital to their health and well-being. This is particularly true for individuals who find themselves in emergency medical situation and require immediate attention. The United States Congress enacted the Emergency Medical Treatment and Active Labor Act or EMTALA in the year 1986 to ensure that people in medical distress are able to receive the help they require regardless of their financial status or any other similar constraints.
Under the EMTALA, all hospitals with emergency room facilities that participate in the national health insurance program Medicare are required to provide appropriate medical screening and treatment for any patient who comes in with an emergency condition. The EMTALA also insists that hospitals must be able to stabilize the patient’s condition before being transferred to another facility. It also bars the hospital from asking for any type of advanced fees or payments when a patient or their representative asks for medical help.
The law defines an emergency medical condition as any situation that is characterized by severe acute symptoms that could result in the person’s health being put in serious jeopardy or significantly increasing risk of impairment or dysfunction of bodily functions and organs without proper intervention. EMTALA also provides for special provisions for emergency medical conditions involving pregnant women. Patients who are having contractions must be promptly examined and treated when there is little time to arrange a hospital transfer before delivery or when transferring to another hospital adds a significant amount of risk to the health of the patient and her unborn child.
The website of McCutchen Buckley – The Law Firm also adds that patients who will need to be transferred to another hospital due to lack of staff and facilities must be provided with necessary treatments to reduce any risk. The hospital who will be receiving the patient must also agree to the transfer, noting that they have enough space, equipment, and personnel to deal with the situation. Failure to follow through with these regulations may result in the wrongful death of a patient and other medical malpractice scenarios. As a result, it’s important that medical professionals take note of their responsibilities to address the needs of a patient dealing with an emergency condition.
Natural elements can pose a threat to furniture items stored in a storage units. Extreme temperatures, whether high or low, can wear leather or wooden items. Storage units are meant to keep items safe and unharmed. To yield maximum protection, renting a climate controlled unit is a primary option. These units will produce benefits that non-regulated units cannot guarantee.
At Ben White Mini Storage, climate controlled storage unit 78704 is one example of this kind of unit. In addition to weathering protection, climate controlled units are cost effective, more secure, and comfortable to visit.
Temperature controlled units are typically maintained at 55 and 85 degrees Farenheit. This protects against humidity and freezing effects. If the unit is in a very warm environment, humidity can set in. Moisuture in the air can then change the furniture. Freezing can cause wood to expand and contract, which results in the furniture weakening or even cracking. Extreme heat or cold can yellow any item, and overall leave them with a tampered look.
While climate controlled units are more expensive, they can be cost effective in the long run. If weathering effects have ruined your items, it can be more expensive to replace them in comparison to purchasing a controlled unit in the first place. Because of this, valuable items should be stored in temperature controlled units. Placement of valuables in these units also gives them a higher level of security. No one should suffer the loss of a prized possession with so many options available. Typically, temperature controlled units are in the middle of a facility. Unlike drive-up units, they are away from every-day commotion.
Lastly, climate controlled storage units are more comfortable to visit for two reasons: the room temperature and cleanliness of the unit. If you are going to be frequenting the unit, you don’t want to spend time in a confined room at 95 degrees. Controlled units provide a place for owners to spend time in the units. Furthermore, they are cleaner. Less debris can reach the interior as compared to those on the edge of the facility.
Placing items in a climate controlled unit is prosperous in the long run, and is worth every mover to consider.
Acute coronary syndrome is simply a blanket term that encompasses cardiac incidents in which blood flow to the heart is disturbed. This could include a heart attack, unstable angina, or simply mean clotting in the arteries. Many of these episodes are fatal or can cause permanent damage to the heart.
Chest pain is the main warning sign associated with acute coronary syndrome. Other common signs of heart problems include discomfort in the limbs, shortness of breath, dizziness, nausea, or sweating. The symptoms may come and go, be sudden, or cause continuous pain.
Xarelto, an anticoagulant manufactured by Johnson & Johnson and Bayer, was prescribed to treat acute coronary syndrome to prevent blood clots from forming. However, according to the website of the Xarelto attorneys at Williams Kherkher, Xarelto may not be a viable option to treating acute coronary syndrome due to the serious side effects that it is reported to cause. While the drug is still prescribed for short-term use in acute coronary syndrome cases in the United Kingdom, the U.S. Food and Drug Administration advisory committee have consistently denied the approval of Xarelto for that purpose.
A trial to test rivaroxaban in acute coronary syndrome cases took place to challenge the FDA’s ruling against the use of Xarelto. ATLAS ACS 2-TIMI 51 tested the effectiveness of very-low doses of Xarelto at 2.5 mg twice daily in trial patients. It was found that the drug reduced the risk for cardiovascular related death in reference to the placebo. However, the excess risk of bleeding was also found in users of the drug.
Over the course of 31 months, 15,526 patients with a recent episode of cardiovascular problems were given the placebo, 2.5 mg, or 5 mg of rivaroxaban. At the end of the trial, the instances of cardiovascular death, heart failure, and stroke. The treatment worked best with young, healthier patients rather than the predominant older population suffering from cardiovascular health concerns that were more likely to experience bleeding incidents. The FDA is currently investigating Xarelto for its increased risk of serious bleeding incidents.
Posted by Maria on Feb 18, 2015 in Health | 0 comments
“We’re all stories in the end,” so the phrase has been spoken. Imagine then the devastating impact that losing all these precious stories and memories can do to one person? If we are all made up of stories and memories, then we lose ourselves. Alzheimer’s disease is then one of the most debilitating illnesses one could ever acquire. Mental illnesses are quite commonly some of the most difficult to deal with due to the fact that the battle is in the mind.
Alzheimer’s disease is one of the most common forms of dementia that often occurs upon old age. It involves severe memory loss as well as the loss of other cognitive abilities as well, making the person suffering the illness as unable to deal with day to day practices by themselves. This can be even more difficult when the person who has this disease is one who still has legal obligations to fulfill, as the illness can be cause to allow for some to question the validity of certain documents, citing influence by dementia.
According to the website of Peck Ritchey LLC, it is imperative that these matters are addressed as soon as possible for things can get even more complicated, the more the disease progresses. When acquiring the services of a legal team to handle matters of this nature with such a delicate detail such as this disease, it takes an inordinate amount of knowledge and specialization in order to be able to be able to pursue a procedure as intricate as this one. As one of the primary purposes of legal testimonies is to ensure that the family is well taken care of, as well as ensuring that the person suffering from the disease is treated with only the best care available, it is important that the attorneys in question are effective and efficient with their work for time in these kinds of cases is of the essence.