Personal Injury

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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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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Trucking Accident Injury Claims

Posted by on Oct 22, 2014 in Personal Injury, Trucking Accidents

Commercial truck accidents are among the devastating events that can happen on the road. Because of their sheer size and weight, colliding with these road behemoths can lead to serious injuries and damages, even fatalities. Negligence is the leading reason for many truck accidents, nevertheless it is not always the fault of the driver. There are other factors that should be looked into when it comes to such accidents, because many things come into play that could have lead to the accident. Aside from driver and trucking company negligence, truck defects from a third party can cause these catastrophes.

Third parties are those that are not immediately involved in the accident. A truck driver who causes a crash would be a first party to the wreck, while a tire manufacturer who sells a defective tire that explodes on the road, causing a truck to flip over, would be a third party.

It may not be immediately apparent, but third party negligence is also a factor that can bring about truck accidents. Defective brakes, other driver’s negligence, or ineffective computer systems are things that need to be considered, along with tire blowouts, as common reasons for trucks to go awry on the road. A tire blowout can be due to various factors: before a commercial truck rolls out to make their delivery, each truck are inspected and maintained in good working condition. Failing to inspect the vehicle properly could leave it susceptible to problems. Improper mounting or securing of the load as well as overloading can also cause tire blowouts. Lastly, tire design issues are also a possible cause of truck accidents.

Filing a trucking accident claim is almost necessary to acquire compensation for the injuries, damages, and expenses that victims have endured after the accident. There are laws that are used to protect motorists from reckless drivers and punish those who have brought about the accident. However, accidents are not always caused by the drivers; there are other parties involved that may have directly made the accident. Assessing and investigating the accident is necessary to prove fault and negligence and to know who the compensation should come from. This is one of many places where an attorney’s skills can be incredibly useful. Lawyers have training in how to determine who is at fault for an accident. Whether it be a first party or a third party, a lawyer will know the proper course of action to take.

Being hurt in a truck accident is both traumatic physically and emotionally. It’s especially frustrating if the accident could’ve easily been avoided by the offending driver. If you have been injured in a truck accident because of someone else’s negligence, be sure to contact a personal injury lawyer as soon as possible. You may be entitled to compensation for your injuries.

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Good Tips To Help You Find The Right Lawyer

Posted by on Aug 25, 2014 in Personal Injury

The person who is his own lawyer has a fool for a client, so you need a lawyer. Whatever the intricacies of your case, you need an experienced attorney to help you fight the good fight. Follow the advice you’re just been given, and you can’t go wrong.

Don’t neglect to ask your potential lawyers for a fee list. Fees can vary a great deal, depending on the individual’s level of expertise, and you ought to understand what you are getting into. Severing ties with your lawyer mid-trial can have disastrous effects on the outcome of your case.

A good tip to remember when looking to hire a lawyer is to make sure you find a lawyer that has the necessary experience that you’re looking for. If you’re going to court soon for a criminal case, it wouldn’t make sense to bring on a divorce lawyer, you’ll need a criminal lawyer. If you’ve been hurt, you’ll need what Pohl & Berk refer to as a “personal injury lawyer.”

If you come across a lawyer who is actively looking for you, avoid hiring them. These guys are usually scammers and will take you for a ride, making your issue worse than it already is. Do due diligence in order to get the best attorney on your own terms.

You should always consider also keeping a lawyer in the wings. By doing this, you can pick the right lawyer while not under pressure. Having a trusted lawyer on retainer will also give you an expert on hand, should you ever have any legal advice.

Lawyers that specialize in their fields are not cheap, but they may save you a lot of agony in the long run. You’ll find that a regular lawyer will take more time than a specialist which costs you more in the long run.

No matter why you find yourself facing a legal matter, it’s always best to be professional and prepared. Nobody knows the legal system better than an attorney — yourself included. This article has provided advice on finding that right lawyer. Therefore, you are better armed to deal with your legal matter.

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Rear-End Truck Accidents

Posted by on Jan 3, 2014 in Car Accidents, Personal Injury, Trucking Accidents

Truck accidents have always caused serious injuries, deaths, and damage every year in the United States. A great percent of these roads accidents are due to drivers of smaller vehicles not aware of how to drive next to big rig vehicles or commercial trucks. Most smaller-vehicle drivers are oblivious of commercial trucks’ capabilities, and how to safely drive around them. This does not mean, however, that truck drivers are never at fault.

According to Federal Motor Carrier Safety Administration, every year about 400,000 trucks are involved in vehicle accidents, with 18 percent of them reported as rear-end truck accidents. In accidents where truck drivers were the ones who rear-ended another vehicle, it is usually the fault of the truck driver. Among the most common causes of this type of accident are: speeding, following too close, fatigue or inattentiveness, and DUI.

Commercial and big-rig trucks have significant difference in size compared to other motor vehicles. As such, it takes a certain amount of time and distance before a truck can completely stop. Truck drivers should have at least six-car length away from the vehicle in front of them, yet not everyone follows this rule. It is necessary for truck driver to be more aware of their surroundings while driving in order to avoid rear-end accidents.

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Proving Fault in a Slip and Fall Accident

Posted by on Oct 30, 2013 in Personal Injury, Premises Liability

Slip and fall injuries are a common occurrence; they are currently the second leading cause of physical injuries in the United States. It may be hard to determine when a person or establishment is legally liable to the injuries that occurred after a slip and fall, therefore proving negligence on the part of the property owner is important in winning a personal injury suit or a premises liability case.

As stated in an article from Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., slip and fall falls under “premises liability” which holds the property owner liable for any injuries that occur because of their negligence to the physical and environmental hazards on their property. If the property owner has not provided any warning signs or has intentionally made the conditions that can lead to slip and fall accidents, then they can be legally implicated for their actions (or inactions). This is because the dangerous condition that led to the slippery floor existed on the property and was not taken care of, leading to an individual sustaining an injury as a result. More on how this works in the following paragraph.

According to www.jeffsampsonlaw.com, for the injured person, proving fault is necessary in order to win the case against the property owner. The injured person should establish three important factors: one, that the property owner made the dangerous conditions possible for the accident, two, that he or she did not make any attempt to fix or correct the dangerous conditions, or three, that the dangerous conditions have been present for a significant amount of time for the property owner to notice but have not taken any action. If these factors can be proven, then the property owner should be held accountable for their faults.

The amount of compensation can be affected by factors such as the carelessness of the injured person. If they have acted recklessly and have a part in the slip and fall accident, then the amount of compensation can be significantly reduced. Investigating the incident is necessary in order to get the right amount of compensation. Getting help and advice from a lawyer who specializes in these cases could help guarantee a positive outcome.

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