An Overview of Wrongful Death Action

Wrongful death happens when an individual is killed due to the negligence or misconduct of another person. It is worth noting that wrongful death is a civil case even though there may be a criminal prosecution associated with the fatality. For this reason, the standard of proof in a wrongful death is lower than in a criminal case such as murder or manslaughter.

Wrongful death results from a wide range of circumstances such as medical malpractice, motor vehicle accidents, torts, manufacturing defects, or criminal activity. Each state has their own wrongful death statute, criteria and procedure for filing a wrongful death lawsuit. Unlike other tort doctrines, wrongful death does not exist in common law. Early English and American courts did not recognize these actions. In those days, when the tort victim dies so is their right to bring a case.

There is a distinction between wrongful death and survivor action. While both pay damages for the surviving members of the family of the deceased, the difference is in the payment of damages. In wrongful death, the proceeds of the damage is directly paid to the qualified beneficiaries of the deceased. In survival action, on the other hand, the damages are paid to the victim’s estate not to the family. However, the damages may eventually go to the family members.

As a civil case, wrongful death is filed by the surviving family members. The decision of the judge is based on a “preponderance of evidence,” and not the “beyond reasonable doubt” ruling for other cases. This means that the defendant may be acquitted of criminal charges but may still be guilty in a wrongful death case. According to the website of Mazin & Associates, PC, wrongful death is governed by a statute of limitations so it is important to file the case within the given timeframe or else all hope of recovering damages is gone.

What Damages Can You Get From a Product Liability Lawsuit?

A product liability lawsuit arises due to injuries or deaths resulting from a defective equipment or product. Most claims are based on some kind of negligence or strict liability theory. When buying a product from a certain store, there is always an assumption that the product is safe and will not be harmful to you or your loved ones. According to the website of Williams Kherkher, any defects in a product may arise during manufacture or assembly, shipping or distribution or from sitting on a store shelf.

Once it has been revealed that the injury or death of a person was due to a defective product, the next question that will come to mind is the possible claims that you will get. If you are looking for punitive damages, forget about it because these types of damages require a purposeful intent on the part of the defendant to harm the plaintiff. Product liability is based on negligence and in claims like these, it is unlikely that the defendant acted on some purposeful intent.

In a product liability lawsuit, one can claim for compensatory damages. It can be divided into economic losses and non-economic losses. The former can be easily calculated into monetary dollar accounts while the latter is more difficult to compute. Economic losses may provide coverage for the following:

  • Medical Expenses to pay for hospital and doctor bills, pharmaceutical and medicine bills, physical therapy.
  • Disability Costs which helps defray any expenses related to disability resulting from injury.
  • Lost Wages as the plaintiff may miss work and hence lose wages
  • Property Damage to help the plaintiff pay for any damages due to destruction of properties in casews of defective garden tools or cars.

Non-economic losses, on the other hand, are also called non-monetary losses or general damagaes. Depending on the jurisdiction, there are usually caps or limits to the amount of non-economic losses that can be awarded to product liability claims. These types of losses may include the following:

  • Loss of Consortium. This usually pertains to injuries that can have a negative effect on the relationship with a spouse or partner. This may include loss of affection, companionship and support.
  • Pain and Suffering. This includes pain, suffering, anguish, or loss of enjoyment due to injuries.

Manufacturers of products and equipments have the responsibility to ensure the safety of their consumers. At the same time, they have the duty to inform or warn customers about any potential danger to their product. For a company that fails to do so and a customer gets injured or dies, then they are liable to compensate for any damages or liabilities that may happen due to their negligence.

The Ramifications of Cerebral Palsy

Everyone battling the consequences of negligence could possibly be in lots of physical and mental discomfort as well as trauma. There are numerous medical implications that may come because of this of this happenstance, according to the website of John J. Driscoll, and one may be eligible to get a personal injury claim in order to obtain due reimbursement.

There is hardly another branch of persona injury which could trigger pain that is so much as medical negligence could. More particularly, a case if the result is really a birth defect in a new baby infant who must suddenly dwell the others of their life with a few type of sickness. That is difficult and distressing for a lot of parents to understand that their child has been bound to the ongoing battle as a result of somebody else’s wrongdoing.

An excellent range is between decisions and crashes and occasionally, someone’s’ result irresponsible decision outcomes in somebody else’s large amount of discomfort. One particular consequence to a child is cerebral palsy. Cerebral palsy identifies minimal motor abilities that outcome into physical ailments. Cerebral palsy is often a consequence of medical negligence and may result into many costly surgical procedure and medicines that require to be frequently maintained merely to be capable of living as normally as possible.

In case you or somebody you know is living with cerebral palsy on account of medical negligence, you may have an individual injury claim. However, your timetable is not unlimited.

Cruise Ship Dangers: Inclement Weather Conditions

Life is always full of risks. In any activity, all individuals face some degree of potential danger should certain factors align and contribute to an accident. This is true even when one is on vacation. In a cruise, for example, passengers might be looking forward to a fun and relaxing time. However, it can’t be ignored that there are certain risks involved in this mode of travel that might compromise the passengers’ safety. While cruise lines do what they can to mitigate the dangers and set up appropriate safety protocols, there are still some factors that are out of their hands. The weather is the most obvious example of such dangers.

Sea storms, hurricanes, and rogue waves are among the many conditions that some cruise ships will have to navigate through without much warning. While these companies can do a lot to monitor weather patterns and travel according to advisories issued by government agencies, there is no guarantee that a cruise’s crew and staff can properly predict how the sea might treat their vessel once out in the open sea.

Fortunately, cruise ships in recent years have been built with high quality materials and are outfitted with state of the art equipment to prevent any catastrophic accident caused by inclement weather conditions. The sizes of today’s vessels are often large enough to withstand some time in difficult waters as they are often made with heavier steel. Technological advancements also allow vessels to navigate through inclement weather as quickly as possible, preventing any damage caused by the continuous beating of huge and powerful waves.

In most cases, the real dangers in cruise ships are caused by recklessness and negligence on the part of the cruise line operator. As noted on the Vucci Law Group cruise ship attorney website, accidents are more common in excursions taken by passengers off the ship. Accidents caused by improper docking and malfunctioning equipment are more concerning than those that could happen due to rough weather conditions.

Historic Nashville: Civil War Battlegrounds Within and Around the City

Nashville is famous for being a looming presence in the world of music. However, the city is equally rich in history. Visitors coming to Nashville, Tennessee for the first time can enjoy the different Civil War battlegrounds in and around to city to learn more about one of the most defining moments in American history.

Battle of Nashville

The area covering parts of south and west downtown Nashville had been the venue of the Battle of Nashville in 1864. While most of this venue is now used for residential and commercial purposes, visitors can still learn about the historical significance of this even through driving tours and maps offered by the Nashville tourism facilities. You can also view the artifacts from this battle at the Tennessee State Museum.

Battle of Franklin

The area for the Battle of Franklin is about 30 minutes away from Nashville. Visitors can see the Carter House, which served as a Union command post during the height of the Civil War. Today, the structure is riddled with bullet holes showing how close Carter House was to the fighting that took place in the area. You can take a tour inside the Carter House and the surrounding area. There’s also a museum where tourists can see a short video presentation and other exhibitions. Nearby is the Carnton Plantation, which also played a crucial role during the Battle of Franklin. The plantation served as a hospital where soldiers wounded from the battle were taken and treated.

Stones River

Just thirty miles south of Nashville is the Stones River Battlefield. This area was the venue for one of the deadliest conflicts during the Civil War, and visitors can learn more about this moment in history through guided tours and a trip to its museum to see important artifacts and memorabilia. The area is also a popular trail for hiking and jogging.

Battle of Hartsville

Visitors can come to Hartsville to see the venue of the Battle of Hartsville. The event was considered as one of the most significant cavalry raids during the entire Civil War. A driving tour can take you to all the important sites and monuments throughout the city.

Scope Implicated in Superbug Outbreak

Who knew that in these modern times you could get a deadly infection through medical devices meant to help you manage your disease?

The endoscope is a snake-like medical device used in endoscopic retrograde cholangiopancreatography (ERCP). This procedure is for the diagnosis and treatment of liver, bile duct, and pancreatic diseases as well as some types of cancer. The device is inserted through the throat and anus. The problem is, it could also carry a deadly virus called carbapenem-resistant Enterobacteriaceae (CRE) as well as other pathogens from patient to patient. CRE is resistant to antibiotics, so the prognosis for CRE patients is not good. Some have a 50% chance of recovery; others die.

This was the case for two patients in UCLA in February 2015 who died after acquiring the CRE bug through the duodenoscope manufactured by Olympus. Two hundred others may possibly be infected, and one patient who was infected is currently suing Olympus. An article on the Pohl and Berk website describes a product liability issue along these lines. UCLA routinely carries out half a million ERCPs every year.

Despite stringent sterilization protocols, the risk of infection with endoscopes is still high because of its many grooves, nooks, and crannies, which makes it difficult to clean. The outbreak became more controversial when it turned out that the device, which has been on the market since 2010, did not even have Food and Drug Administration (FDA) approval. The oversight has sparked outrage among the population as the implications become clear.

It has been revealed recently that more than 30 patients at the Virginia Mason Medical Center in Seattle may also have been infected with drug-resistant superbugs via an endoscope between 2012 and 2014. Florida, Pennsylvania, and Illinois have also made similar reports, but the patients were not informed at that time. In the Seattle outbreak, 11 have since died but it is unknown if it was due to the superbug. The medical devices involved had different manufacturers including Fujinon, Pentax Medical, and Olympus America.

Establishing Paternity in Phoenix

It is no longer scandalous for a woman to raise a child on her own out of wedlock; some even prefer to do so without interference from the biological father which is why some get pregnant via an anonymous sperm donor. However, there may come a time when the mother needs to establish the paternity of the child for whatever reason, and the alleged father may not want to cooperate. This may be because once paternity is established, the court may order the father to pay child support retroactive up to three years as well as expenses related to the pregnancy and birth.

On the other hand, a man who believes he is the biological father may desire to have a more active part in the child’s life including visitation and parenting rights. Divorce may also give rise to the question of paternity. In such instances, it would be necessary to bring a paternity action with the help of a lawyer specializing in family law in the state, as stated in the website of the Law Offices of Daniel Jensen. Paternity is essentially fatherhood and the desired result of a paternity action is for the court to rule on who the father of the child is.

There are several ways available to Phoenix residents to establish paternity. The father may simply sign a form called Voluntary Acknowledgement of Paternity and the mother will acknowledge it. With this form, it officially establishes the legal paternity of the child. But as mentioned earlier, if either parent contests the paternity of the child, an action may be filed by the child’s:

  • Mother
  • Putative (not established) father
  • Guardian or custodian
  • Source of government welfare or health insurance benefits

In the case of government intervention, it may be in order to get reimbursement for the benefits paid on the child’s behalf, and the paternity action may be done outside the court system. If the government agency makes a ruling on paternity, it carries the same validity as a court ruling. It is within the power of the court or the government agency to compel genetic testing of the alleged father and the results must have a minimum of 95% biological match.

In general, a paternity action can be filed by an eligible third party even before the child’s birth, but not later than its 18th birthday. However, once the child is past 18, only that adult child may file a paternity action. It may be to complete a medical history, inherit property, collect benefits, or simply to find out.

Successfully Deal With The Legal Aspects Of A Personal Injury

Have you filed or are you thinking about filing a personal injury case? What are some of the things that will likely come your way over the course of your case? Although you cannot see into the future, it will nonetheless benefit you to examine things that are typical in personal injury cases so you will know what to expect.

Make sure that you gather all of the information you can from anyone that was involved in your injury. This means that you should get the addresses, names and phone numbers of the party that injured you as well as any witnesses that were on the scene. You should also take note of anything that is said during the time of the accident.

Asking for a referral for a reputable attorney from a family member, friend, neighbor or colleague is a great way to find a personal injury lawyer. If you can find someone who has gone through a personal injury case, he will be able to help provide you with valuable information including how he found his attorney and how their court case went.

According to the website of Tennessee personal injury lawyers Pohl & Berk, LLP, it is a good idea to talk to your lawyer about the possibility of settling out of court. Not only can you be less stressed out when all is said and done, court fees will be lessened as well. Plus, you wouldn’t have to actually go to court, which is a huge time saver.

Although personal injury lawyers advertise in the yellow pages, the better way to find a good lawyer is through word of mouth. If you don’t know anyone who has used a personal injury lawyer, check with the local bar association, or perform an internet search. These methods may be able to point you in the right direction. Some sites also list a law firm’s track record so that you won’t be mislead by advertising.

One of the first things people often want to know when they approach a lawyer about a personal injury case is what exactly they can expect to happen over the course of their case. You have already been through enough with your injury! You owe it to yourself to take some of the guesswork and mystery out of this legal process.

“No Zone” Truck Areas – A Common Cause of Road Accidents

An 11-hour cross-country drive on an 18-wheeler truck, also called a big-rig, is a grueling task. It can make any driver feel fatigued and drowsy, making roads unsafe for other motorists in much smaller vehicles.

An article in the website of Habush Habush & Rottier S.C., mentions how the significant weight and size of these big trucks serve as threats to possible major road accidents, if their drivers do not observe extraordinary caution when handling them. Extending up to 70 feet in length and weighing up to 40 tons or 80,000 lbs., these enormous vehicles, oftentimes driven at fast speeds, can easily crush smaller vehicles (and their drivers) like tin cans. This is why, before being issued a commercial driver’s license or CDL, drivers are required to take additional instructions and training on the proper handling and operation of this type of vehicles.

One concern truck drivers ought to be constantly wary of is the blind spot area, more commonly known as the “no zone” area. This area, which includes the truck’s front, back and driver’s side, is that spot where truck drivers almost always fail to notice other vehicles. Thus, it has been a common cause of road accidents, causing severe or fatal injuries to the other vehicles’ drivers, besides major damage to properties.

Drowsiness and fatigue, and sometimes intoxication, add greatly to a truck driver’s lack of keen observation while on the road. These factors also greatly affect a driver’s presence of mind and alertness, causing him/her to fail to avoid possible accidents.

It is to solve the issue of sleepiness and fatigue why every truck is designed with a sleeper berth – to afford drivers a good rest between long drives. Besides allowing them to take rest, a law has also been passed which states the maximum number of hours allowed of drivers – 11 driving hours, which is part of a driver’s 14- hour duty. This law is mandated by the Federal Motor Carrier Safety Administration (FMCSA) of all drivers and trucking companies (the FMCSA is a division of the US Department of Transportation that is in control of trucking and other transportation-related businesses. These laws are designed to increase the safety of truck drivers and reduce the amount of personal injury lawsuits that arise due to trucking accidents.

If you have been hurt in a truck accident because of someone else’s negligence, be sure to contact a personal injury lawyer today to discuss your situation. They’ll be able to guide you through the process and make sure you are justly compensated.

Finding Representation for a Disability Claim

Although it may seem unnecessary to have an injury and disability representation or lawyer when you are claiming benefits presented by the Social Security Administration (SSA), nevertheless it may be to your best interest. Even when the SSA does not require their claimants to have legal representation, the procedures and process can be long and confusing, causing denied or delayed benefits. Also, having legal representation could greatly increase the chances of not only having an approved claim, but most importantly the disability onset date, something that could significantly affect the amount of benefits you may be provided.

It may be beneficial to be represented during the filing process, but most legal representations are really required during the appeals process. After a denied benefits application, you have only 60 days to file for an appeal in the disability court, and notifying the SSA about hiring a representative is a must. You must also choose whether you need a legal representation, or you can hire a non-lawyer to represent you in court.

Regardless of who you hire (whether a disability lawyer or non-lawyer), they will only be paid once the claim has been approved: and they are paid through the SSA benefits, having the same rates. Upon deciding to have a representation, sending a letter to the SSA by filling up the Appointment of Representative form should be made. If you have hired a non-lawyer, he or she should sign their names on the forms. Subject to the SSA approval, a contingency agreement between you and your representative should be signed. This agreement would permit the representative to be paid not more than 25 percent of your benefit amount, but out-of-pocket expenses will be covered by the claimant.

One last advantage of having injury or disability representation is that they are more knowledgeable with the laws and procedures, and are   familiar with the judges who preside on these hearings. This could make them more flexible in their approach to zealously represent your claims in court.