Elements of A Valid Wrongful Death Claim

Posted by on May 17, 2016 in Personal Injury

Nothing is more traumatic than a person getting killed due to the negligence of another person. It becomes even more painful if the individual who got killed is the bread winner of the family. While no amount of money can bring back the life of the dead person, the relatives of the deceased can still do something to make the defendant responsible for their negligent act by filing a wrongful death claim. According to the website of Williams Kherkher, filing a lawsuit is one way the relatives of the deceased cope with the loss of their loved ones.

However, before they can claim for damages, the plaintiff, with the help of their legal counsel, must prove that there was negligence on the part of the defendant. There are various elements that need to be proven in order for the defendant to be proven guilty so that the plaintiff can collect the damages and get the justice they long for:

  1. Duty of Care – The plaintiff must prove in court that the defendant owed a duty of care to the deceased person. For example, in a car accident, the plaintiff must prove that the defendant could have simply obey traffic rules or practiced safe driving.
  2. Breach of Duty of Care – In a wrongful death claim, the plaintiff must show that the defendant breached the duty of care they owed to the defendant. In the same scenario, the relatives of the deceased must prove that the defendant failed to follow traffic rules and that negligence caused the death of the deceased.
  3. Causation – Breaking the law will not suffice in a wrongful death claim. It needs to be proven that the action of the defendant directly led to the death. For example, if it was shown that the death was due to something else such as a mechanical failure, then there is no breach on the part of the defendant.
  4. Damages – Lastly, the plaintiff needs to prove that the death resulted to a wide range of damages such as hospitalization, loss of income and earnings, pain and suffering, funeral and burial expenses, and others.

The untimely death of a person is associated with pain and suffering and other factors. A wrongful death claim may not help bring back the life of the deceased but at least it can help the relatives cope up with the loss of their loved one.

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Negligence in Nursing Homes

Posted by on Nov 30, 2015 in Nursing Home Abuse

Seniors often need attention and just as much care as young children but are substantially more difficult to control because they’re usually set in their ways and determined to own it. In assisted living facilities, nonetheless, a great portion of the occupants are infirm, demanding help to move about. Some who are not physically unfit may be suffering from mental problems, which makes them equally incapable of caring for themselves. All these are the people who are in most demand of constant professional medical care, which is why they are put into rest homes. Regrettably, they do not consistently get it.

According to the website of Hankey Law Office, it’s reported that maltreatment happens in approximately one-third of nursing homes in America, and one form of maltreatment is nursing home negligence. It can be caused by simply negligence, mess, or staff shortage. No matter the cause, the nursing house staff treated regularly and normally neglects to keep residents clean and fed. In several cases, harms happen because there was no staff open to help a resident to move about or utilized methods that are wrong, and this often leads to bruises and damaged bones. Because most elderly residents have been in weak physical condition, their health can be further compromised by such occurrences.

An added complication is bed sores, also called stress ulcers, which are resulting from the failure to consistently shift the place of the resident, although these all can also occur for the bedfast. Bed sores can result in a lot of soreness plus more serious health problems, and in the end death if left untreated.

In case you suspect nursing home neglect of a friend or family member, you can record it to the correct authorities to begin a study. For the time being, you might also not be unable to get pain and enduring of your aged relative as well as repayment for the medical expenses.

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Accidents on Cruise Ships

Posted by on Aug 26, 2015 in Personal Injury, Premises Liability

Cruise ships are becoming more and more popular, promising passengers with the most luxurious travelling experience. That’s why these vessels carry as much as 4,000 people in each trip, taking them to different exotic destinations while providing as much comfort and luxury through different amenities. Today’s cruise lines offer a variety of facilities rivaling that of five-star hotel chains. Usually, cruise ships include cinemas, casinos, bars, restaurants, salons, spas, sports facilities, as well as swimming pools and water slides.

While these amenities provide passengers plenty of opportunities for entertainment and relaxation, it’s important to take note of certain risks commonly associated with cruise ships. As with anything, there’s no way to fully predict when an accident might happen on board. It would be better for passengers to be made aware of the different accidents that could happen on cruise ships and prepare for any mishap that may arise. With more than 20 million people opting to travel via cruise ships, it’s crucial that accidents are properly documented and that safety precautions to prevent such accidents are outlined clearly.

The most common accidents on cruise ships include slip and fall accidents, plus those that happen in water slides, wave pools, swimming pools, and other facilities that may be poorly maintained. Other dangers passengers should be aware of include food poisoning, nanovirus outbreaks, and the threat of physical or sexual assault due to negligent security staff and improper safety protocols.

In this regard, legal experts are quick to point out that cruise ship passengers should not hesitate to take appropriate action if the worst does happen during their time on board. It’s important that these cruise lines are always held accountable for the injuries and damages caused to passengers and their property. Passengers that experience accidents and other untoward incidents during their vacation can visit a cruise ship lawyer website to see which ways these issues can be handled.

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Where to Stay in Milwaukee: The Iron Horse Hotel

Posted by on May 2, 2015 in Traveling

The great city of Milwaukee prides itself on a lot of things – one of which is its culturally and industrially rich history. Should you find yourself popping by for a visit or a vacation, it is recommended that you get the full Milwaukee experience. The Iron Horse Hotel is one such location – and is, coincidentally, a great place to stay.

Built in the early 1900s, it was a warehouse that was then converted in order to accommodate 100 loft-style guest rooms in 2005. The hotel got its name thanks to its location as it used to be a shipping facility that was near a railroad. Native Americans were known to refer to the trains as an “iron horse”, thereby giving the hotel its name that is reflective of both its location as well as its history. Close to sights like the Harley museum as well as Walker Point, it is definitely a great location if you’re in town for a bit of sightseeing. If you’re on business, then the locations nearby allow for you to have a little bit of leisure and relaxation during your down time.

The living room-style lobby invites a totally chilled out, friendly atmosphere. Inviting and friendly, from the welcoming staff that is dedicated to customer service as well the facilities and amenities that are offered, the Iron Horse Hotel is definitely one for the books. After all, who doesn’t like a boutique hotel? Vintage, beautiful, and with a killer view in whatever room you’re booked in, the Iron Horse Hotel has it all.

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Preventing Workplace Toxic Exposure

Posted by on Mar 11, 2015 in Health, Premises Liability

There have been thousands of instances where an employer has been held liable for exposing their employees to unnecessary risk in the workplace, but they never seem to learn. Workers in demolition, clean-up, mining, and construction companies are especially vulnerable to toxic exposure by the materials they handle and the dust they breathe in.

Toxins are all around us. They are in our homes and schools. Toxic substances occur naturally or are produced artificially and released into the air we breathe and the water we drink. They permeates the meat and vegetables that we eat because they are present in the soil as well. Generally, however, the level of exposure is minimal. While this is not usually good, it is not enough to cause injury or death. However, industrial exposure is different because the volume and frequency of contact is higher.

Toxic exposure can result from skin contact, ingestion, or inhalation. The most recognizable type of toxin is asbestos, but there are other types of toxic exposure. They may not have such a high profile, but they are just as dangerous, such as such as coal fly ash.

One such incident involved cleanup workers at the Kingston Fossil Plant in Tennessee. The workers filed suit against their employer for misleading them about the dangers of fly ash and failing to provide the necessary safety equipment. According to the website of Pohl & Berk LLP, such exposure can have long term effects on the health of workers which could easily be prevented by providing the proper training and gear when handling such toxic materials.

If you have been seriously harmed from toxic exposure in the workplace, your employer is probably liable for it. Contact a reliable toxic exposure lawyer in your state to find out how you can get compensation for your injuries and losses.

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The Legal Steps in a Contested Divorce

Posted by on Jan 19, 2015 in Divorce

The mention of one’s intent to divorce his or her spouse can usher in a mixture of emotions – of fear, of worry over the future, a feeling of not being a good spouse or the feeling of being a failure. Divorce can be a really painful and demoralizing experience, especially for women who have given up career and other professional chances to be able to fully support their respective spouses and care for their family. But if divorce itself can already be a dreadful experience, how much more will a contested divorce be?

As noted by the Raleigh divorce attorneys, there are two types of divorce recognized in the US: contested divorce and uncontested divorce (each is the opposite of the other concerning settlement of major divorce-related issues, like child custody, visitation rights, child support, division of assets and properties, allocation of debts and spousal support).

In a contested divorce dispute or disagreement, due to personal intents and/or interests, clouts the whole divorce process, causing a failure for the spouses to agree on the terms of some or all of the divorce-related issues. Not being able to reach an agreement, however, will mean that they will have to go to court and allow the judge to decide on the disputed issue/s instead. This decision is legal and, therefore, binding.

Here are the legal steps observed in a contested divorce:

  • Meeting with a lawyer: after gathering all information relevant to the divorce, such as about marital assets and children, the lawyer will determine what the divorce petitioner may be entitled to; he/she will then prepare and file your petition in court
  • Serving of divorce petition to spouse: after having filed the petition in court, this will then be served on your spouse through mail, by your lawyer personally, or by a deputy sheriff. A notice of the petition will need to be published in local newspapers if your spouse cannot be located and, due to this, moving ahead with the divorce will have to wait to give your spouse time to respond
  • Spouse responds to the divorce petition: most states give the petition recipient 30 days to respond. Failure to do so can result to a default judgment of divorce. Responding, however, will lead to the next step, which is the discovery period
  • Discovery: this is the time when spouses further acquire thorough information (through depositions, request of document and written interrogatories) from one other about income, marital assets and other matters vital to their divorce case. During this time the spouses can also request for temporary court orders regarding alimony or child support
  • Settlement: despite having gone through the steps prior to this, many judges still encourage the spouses to arrive at agreeable terms by themselves before he/she sets the final date for the trial. If they are not willing to settle matters amicably, though, then the next step follows
  • Trial: there really is no telling exactly how long (or short) a divorce trial will last. This depends on how complex your case is, the time required to hear and cross-examine witnesses, the laws of your state regarding divorce, and the number of divorce cases being heard and/or still pending in your local Family court. The judge will also make sure that he/she hears all pertinent issues first before deciding on all matters that need settlement
  • Post – trial motions: a total of 60 days is usually allotted for this particular step. Within the first 30 days, starting on the day the judge signs his/her decision, either of the spouses may file a post–trial motion for relief from decision. The other 30 days are allotted to the other party to respond to the motion filed
  • Appeals: denial of a post – trial motion will give the spouse who filed it another 30 days (from the day of the denial of the motion) within which he/she may file a notice of appeal. The other party also has 30 days to file his/her response brief. In most states, spouses are granted time for oral argument before the court again makes a final decision. Reversal of the case will require the appellate court to send the case back to the trial court for further proceedings; if the case is affirmed, though, then the divorce case is considered over

There are two very important things for divorce cases: truthfulness of the client in all matters pertaining to the divorce, especially about marital assets; and, truthfulness of the lawyer towards his/her client, providing such client with all the vital information regarding the case even if it is not the kind of information the client exactly wants to hear. The said law office also states that the divorce process can be a really dreadful and complex experience, making the presence of a good divorce lawyer, for proper representation, a necessity.

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