What Are The Potential Damages Available In Elderly Physical Abuse Claim?

When an elderly gets seriously injured or dies as a result of physical abuse in a nursing home, the relatives or family members can recover damages from the responsible party. However, proving damages may prove to be complicated. The court will consider several factors in determining the amount of compensation that the family of the elderly can receive. The website of Karlin, Fleisher & Falkenberg reveals that it is possible to collect damages from elderly physical abuse.

Mental Suffering

It is an established scientific fact that mental well-being is an important component of our health and quality of life. The court may award compensation based on this assumption.

Disfigurement

Disfigurement due to scars, amputations, hair loss, or other physical damages can have a negative impact on the elderly’s pride and dignity. It can leave them depressed, anxious, and may suffer from chronic mental conditions. The court may award compensation for any loss related to disfigurement.

Loss of Enjoyment of Life

An injury can greatly impact the elderly’s ability to live a normal life. They may no longer be able to perform activities without hindrance. For this reason, the elderly may also be able to recover damages related to loss of enjoyment of life.

Shortened Life Expectancy

The court will take into consideration the established standard life expectancy when computing for damages. The elderly’s attorney may be able to enhance the compensation as a result of medical and technological innovations which can extend life expectancy. Good habits and healthy lifestyle may also be included to increase the compensation.

Punitive Damages

When malicious or reckless behavior on the part of the nursing home is established, the court may award punitive damages. Violation of the elderly’s statutory rights can also be added to the compensation.

Wrongful Death

If the elderly dies due to the misconduct of the nursing home, the surviving members of the family of the elderly may file a wrongful death claim and recover damages in the process.

New Hours of Service Rule For Truck Drivers Already In Place

Driver fatigue is one of the known causes of truck accidents. This is because of the tremendous pressure that their employers put on them to drive as many hours as possible to accomplish their target. In an attempt to reduce truck accidents due to driver fatigue, the Federal Motor Carrier Safety Administration (FMCSA) of the US Department of Transportation established new Hours of Service regulations.

A Chicago injury attorney will tell you that truck companies can be held liable for any injuries that will be incurred for violating safety laws. The new rule took effect February 2012 and compliance started July 2013. The new regulations provides for the following:

  • The maximum average work week was reduced to 72 hours from the previous 82 hours
  • Truck drivers who has reached the maximum work hours can return to work after resting for 34 consecutive hours, including a minimum of two nights when their body clock demands the most sleep
  • Truck drivers can take a 30-minute break during the first 8 hours of their shift

The new ruling maintained the current 11-hour daily driving limit and 14-hour work day. Any trucking company that violates the new regulations could face the maximum penalties for each offense. In addition, companies could be subjected to a fine of $11,000 per offense if they exceed the driving limit by more than three hours. Drivers could pay civil penalties of up to $2,750 for every offense.

The new hours of service rule covers commercial motor vehicles used as part of a business and is involved in interstate commerce and fits any of the following:

  • Weighs more than 10,001 pounds
  • Has a gross vehicle weight rating or gross combination wright rating of more than 10,001 pounds
  • Designed or used to transport more than 16 passengers not for compensation and 9 or more passengers for compensation
  • Transports hazardous materials in a quantity that requires placards

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.