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 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 & Sexton – 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.
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 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 Oct 24, 2014 in Personal Injury | 0 comments
It is a great responsibility to take in other people’s children as a daycare center operator, especially when children are very young. Most parents have a hard time safeguarding their own children in their own home, let alone a group of other people’s children so it requires a high level of skill in planning and management to start a daycare center.
A daycare center and other types of childcare facilities are essentially designed to provide supervision, but as indicated on the website of law firm Crowe Mulvey they are also expected to exercise reasonable care in ensuring their safety while on the premises. This includes taking steps to provide safe activities and toys appropriate for the child’s age, removing from or securing potential sources of danger in the vicinity of the children, and to keep an eye on them during play. The childcare provider should also be able to foresee and forestall problems and avoid risky situations that would be apparent to any reasonable adult.
Each state has its own set of parameters for determining liability of childcare facilities. In general, the owner or operator of a childcare facility may be held liable for child injuries that occur on premises if:
- There was a breach in the duty of care i.e. allowing a small child to play with toys with small parts designed for older children, and the child suffers an injury from swallowing one or more parts. This is considered negligence.
- The childcare center violated a safety regulation specific to childcare facilities i.e. insufficient adult to child ratio and that resulted in inadequate supervision leading to child injuries. This is designated as negligence per se because violating the law is an act considered inherently negligent.
There is reasonable inference that an injury could only have happened because of negligence even if there is no evidence of how an injury actually occurred. This is based on a legal theory called res ipsa loquitur which is Latin meaning “the thing itself speaks.” An example would be a one-year-old child who was dropped off without incident at a day care center in the morning but was unresponsive when picked up by the parent at lunch time and upon examination was discovered to have sustained severe head trauma. While the child could not relate what happened and the daycare staff denied that any wrongdoing or accident occurred, it was apparent that there was negligence.
If your child suffered injuries while at a childcare center and you suspect negligence, take steps to understand your legal position. Consult with a child injuries lawyer in the area at the earliest opportunity.
Posted by Maria on Aug 25, 2014 in Personal Injury | 0 comments
Has someone caused to an injury? Are you looking at years worth of rehab or medical care because of it? If so, there is a good chance that you have reason to sue them for your injuries. The tips below will help you build a case against the person that have hurt you.
Stay off social media! That means Facebook, Twitter and Flickr. Don’t post photographs of yourself dancing if you’re claiming an injured back! Don’t tell anyone you went water skiing when you claim to have hurt your foot. Just stay off the internet and say as little as possible online instead.
Check out the web to find reviews for your lawyer. Don’t just choose the lawyer on the television ad. A good lawyer usually succeeds by good word of mouth, and experience is more important than slick marketing. See an example of this at http://www.abellawfirm.com/practice-areas/personal-injury/.
Never commit to a personal injury lawyer until you have the breakdown of your fees in place. If you are short on money at the time, speak with your lawyer to determine if a payment plan can be set up so that you do not face additional stress after your case.
Consider the need that you are getting the lawyer for. There are many areas of expertise for lawyers, as it is imperative to find one that deals with personal injuries. Hiring a lawyer that is simply average across the board will not give you the best chance to win your case.
Constantly communicate with your personal injury lawyer to become involved in your case. This is very important as lets you know what is going on and makes you feel a part of the team. This will reduce the stress and anxiety that you have if you ever appear in court.
If you take what you have learned here and put it all to work for you, you could win your case. There is no need to struggle for the next several years to pay your bills when the person responsible gets away with it. Make them pay today so you can live a life worth living.