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Wrongful Death Lawsuit: For the Benefit of “Real Parties in Interest”

Posted by on 4-04-15 in Personal Injury | 0 comments

While many accidents are due to a person’s own carelessness, many more are caused by other people who choose to act recklessly or negligently – types of behavior that make accidents totally preventable. On its website, the Law Offices of Crowe & Mulvey, LLC, points out the fundamental duty of every American to act only in ways that will never endanger anyone. The firm also makes clear that, under the law, those who choose to act without regard for others’ safety and cause injury along the way can very well be recipients of a civil lawsuit to enable their innocent victim/s (or the victims’ families) to seek and receive compensation from them: a right recognized and granted by the law.

There are many different types of accident-causing injuries which can happen to any person in any place. These include: accidents involving motor vehicles, including cars, trucks and motorcycles; pedestrian accidents; bicycle accidents; injury due to the use of defective products; slip and fall accidents, job-related accidents, occupational exposure to dangerous substances or conditions, injuries due to dental or medical malpractice, plane accident, cruise ship accident; and so forth. The harm that any of these accidents can cause differs; it could be a mild scratch or something serious, such as fractured bones, amputated limb, head injury, spinal cord injury, injury to internal organs, etc. Among the most serious harms that any accident can cause, though, besides permanent total disability, is wrongful death.

Wrongful death is the loss of a person’s life due either to the willful misconduct or negligence of another. While a lawsuit may be filed for the purpose of pursuing justice, this legal action is primarily for the benefit of the surviving family members and the decedent’s other dependents (legally known as “real parties in interest”). Called a wrongful death claim, this special kind of personal injury lawsuit is intended to seek compensation for whatever pecuniary, or financial, damages the qualified dependents may suffer, including loss of financial support due to the death of the victim, loss of the dead victim’s services, medical and funeral expenses, and lost prospect of inheritance.

A wrongful death lawsuit must have the following elements in order to be successful:

  • The death of a person due to someone else’s negligence or willful misconduct
  • Monetary injury suffered by the surviving family members due to the victim’s death
  • An appointed personal representative for the decedent’s surviving dependents (this person can be a lawyer or a member of the family of the deceased)

The damages that may be considered compensable, the requirements or conditions to be recognized as a qualified plaintiff, and the statutory limit for the filing of the suit, may differ from one state to another. Due to the differences in state requirements, on top of the complexity of the tort law, it is best for the family to get in touch with a highly- qualified personal injury lawyer.

Storage Tips for the Home

Posted by on 2-02-15 in Storage | 0 comments

The website of Ben White Mini Storage suggests you utilize all of the space that you have in a storage unit, but this idea can be applied to your own home as well. Sometimes your living area is not big enough to fit all of the items you need on a consistent basis, but if you follow a few simple storage tips, you can save a significant amount of space for your necessities.

Fit as much under your bed as possible. If you have a typical bed frame, you can store smaller boxes and drawers underneath your bed and fill them with clothes or supplies. If your frame allows you to loft your bed, you can put a piece of furniture – like a desk or a drawer – below the bed. You can even use extensions for the feet of the bed, making it sit higher but also allowing more room underneath.

Shoe racks save an unbelievable amount of space in your closet. Because we consistently put shoes on and take them off, they tend to be disorganized and scattered. With a shoe rack, you have no choice but to be organized, and because shoe racks tend to build up instead of out, your closet floor with have more room for other miscellaneous items.

If do-it-yourself projects interest you, you might want to consider making a shelf that attaches to a corner wall. These shelves are great for decorative items that you love but cannot fit on your coffee table.

Bathrooms tend to get cluttered with bottles, appliances, and products that are no longer relevant. Although this is relevant to each room in your home, make sure you have a good spring cleaning for your bathroom especially. You will find that you do not need three hair straighteners, costume makeup from two Halloweens ago, or that mousse you bought in 2010. Even if you do not identify as a slob or a hoarder, everyone is holding onto something they do not need.

Nursing Home Abuse: Some Signs to Look Out For

Posted by on 1-01-15 in Personal Injury | 0 comments

Some signs of abuse are hard to miss. The body of the victim could show proper physical evidence of having been beaten or otherwise violently handled, causing for bruises or cuts or other abrasions upon their person. Some signs of abuse, however, are harder to detect. Emotional abuse is often difficult to spot, as can negligence. These kinds of instances, however, when they happen in a nursing home are unjust and require legal action immediately.

It can be one of the most difficult decisions you ever make, to have to put an aged loved one into a nursing home. However, if you are living a lifestyle wherein you are not in a position where you are not capable of caring for your elderly relative, there are just some instances wherein admitting them into a nursing home is truly the best path to take. These facilities, after all, are expected to have well-trained staff who are qualified in the industry of care and compassion, making sure that your loved ones are kept as healthy and happy as possible. Individual care for each and every person within the home must be of the utmost importance.

However, there are some nursing homes that opt to be negligent in their duties, making them abusive facilities instead. According to the website of the Abel Law Firm, some signs that you could take note of when observing a home is the physical condition of the elderly within their care. If their health is increasingly deteriorating or you detect certain aspects of psychological trauma such as sudden fear, anxiety, or social withdrawal – then you could possibly have put your trust and faith into an abusive nursing home, which is unacceptable and you are eligible to file for justice by legal means.

If you or someone you know has had a loved one suffer by means of nursing home abuse, you may be warranted to receive compensation for the trauma and injury dealt to you – and this can only be achieved if you are to consult with a professional in this subset of personal injury law.

Top Tips And Secrets For Finding The Perfect Lawyer

Posted by on 8-08-14 in Personal Injury | 0 comments

Going through the legal system is no simple matter, no matter how uncomplicated your reasons for doing so seem to be. It’s just not wise to enter into the situation without good legal advice. The following article can help you make the right decisions when looking to hire a lawyer and what your best moves are.

You may find that your friends, family, and coworkers can provide a wealth of information when it comes to finding a lawyer who can best fit your needs. Ask around and see what experiences people have had with particular lawyers, or if they have any advice for you based on their circumstances.

If you’re anticipating future problems, it might not be a bad idea to have an attorney on retainer. This gives you the time you need to prepare. When you retain a lawyer like the Abel Law Firm, you have help when you need it.

If you believe that you might have a legal case it is a good idea to seek a legal consult before pursuing any action. Many law firms offer a free consultation so make sure that you take advantage of this. This allows you to try out a couple different law firms before deciding on a lawyer.

If you need legal help, don’t necessarily use the lawyer you have worked with in the past. You may need a particular type of attorney, someone who specializes in the type of case you are involved in. Don’t worry, though. A specialist isn’t necessarily expensive, so you should be able to afford what you need.

The legal system is complicated and overwhelming; don’t try DIY style or you risk losing before you even get started. Use the advice above and hire reliable representation for your ordeal. The lawyer you choose can mean the difference between resolution of your issue or a prolonged and dreadful experience.

Illegal Marketing Strategies Used to Promote Risperdal and the Severe Adverse Effects that the Drug Has Caused

Posted by on 1-01-14 in Personal Injury | 0 comments

The oral drug Risperdal, the generic name of which is Risperidone, was introduced by Janssen-Cilag, a part of Johnson & Johnson Pharmaceuticals. It was developed to treat patients suffering from schizophrenia and bipolar disorders.

Though it is undeniable that Risperdal provided some benefits in treating the illnesses it was developed for, it also cannot be denied that the drug caused incidences of death or serious complications to patients, especially to elderly people afflicted with dementia.

Due to the millions of Americans suffering either from schizophrenia or fighting against the symptoms of bipolar disorder, Risperdal easily became a popular drug to treat the illnesses. Furthermore, the drug was prescribed for non-label uses (not approved by the FDA), treating other illnesses, such as stuttering, obsessive-compulsive disorders, behavioral disorders (in elders with dementia), attention deficit disorder (ADD) in children, Tourette syndrome, anxiety and depression.

In many cases, however, Risperdal was found to cause more (and severe) harm than provide benefit. In 2006, for instance, a study which appeared in the Journal of Clinical Psychopharmacology, said that prolonged use of Risperdal by male children and adolescents (or use at doses equal to those with psychotic symptoms) can result to gynecomastia – the development of breasts. At least 130 cases of these have already been recorded.

Due to gynecomastia and to so many other cases of adverse effects and fatalities, Johnson and Johnson is now facing hundreds of personal injury lawsuits. What’s worse, however, are the billion dollar lawsuits files by the US federal government and some states against Johnson and Johnson due to charges of healthcare fraud committed through concealment of Risperdal’s many side-effects (including growth of female breasts in males) and the illegal marketing strategy employed by the manufacturer in promoting the drug (the drug was marketed for use by children and elderly patients with dementia).

Majority of the personal lawsuits filed involve cases of gynecomastia, due to the severe psychological trauma many of those affected have gone through. While some breasts that have developed may be resolved through liposuction, other cases will just have to be remedied through the surgical procedure called mastectomy.

Injuries in Explosion Accidents

Posted by on 1-01-14 in Explosions, Personal Injury | 0 comments

There are workplaces that are inherently dangerous. These include construction sites, where injuries are primarily caused by falling from high places or from equipment failure. People who work on pipelines, in coal mines, on oil rigs and refineries, and industries that deal with fossil fuels are also at risk, but mostly from explosion accidents.

Explosions are primarily the ultra-rapid release of energy, usually generating extreme heat and violently pushing the air first outward then sucking it inward as the release of energy creates a vacuum at the point of origin. This is also called a shockwave. Injuries in explosion accidents are often caused when the human body subjected to tremendous pressure rather than the heat itself, although that can also wreak havoc within the immediate area of the explosion. Secondary causes of injuries would be flying debris and collapse of structures. An explosion victim would be extremely lucky to come out alive.

Those who survive an explosion often have to deal with multiple injuries, such as burns, broken bones, internal hemorrhage, concussion or other traumatic brain injury, and injury to the ears, lungs and intestines. The weird thing about primary explosion injuries (blast injuries) which are caused by shockwaves is the absence of external signs of physical trauma, which can make it difficult for first responders to assess the severity of the injury. It is only after some time that the injuries begin to manifest themselves, and can lead to death unless properly identified and treated.

Explosion accidents are quite common in the oil and gas industries, which is why there are so many safety regulations pertaining to them. Unfortunately, not all employers prioritize the well-being of their workers, and accidents can happen because of lapses and negligence in ensuring a safe working environment. When this happens, explosion victims may have recourse to civil litigation if circumstances warrant them. Consult with an explosion accident or personal injury lawyer in the area to find out what can be done to get fair and just compensation.

Reporting Abuse and Wrongful Termination

Posted by on 1-01-14 in Employment Law, Personal Injury | 0 comments

There is a term in employment law which refers to unlawful pressure exerted by employers to punish employees that reported any wrongdoing that has occurred within a company. This is called retaliation. It is illegal for employers to retaliate against employees that are instrumental in bringing the attention of the concerned authorities to illegal or abusive practices that prevail within a company or organization, or whistle-blowing. One instance of unlawful pressure that can be brought to bear against an employer is wrongful termination.

A good example of an employee “blowing the whistle” on an employer is by reporting abuse. Nursing homes have become increasingly scrutinized because of the high incidence of reporting abuse. It is estimated that 1 in every 3 nursing homes in the U.S. have been reported for nursing home abuse, and experts agree that it is highly likely that the number of incidents are underreported. In many instances, the abuse is reported by a family member or friend of the resident, and infrequently by the residents themselves. But there are instances where an employee of the nursing home will initiate an investigation by independently reporting abuse directly to the concerned authorities rather than restricting the report to the nursing home administration.

While nursing home abuse may actually be perpetrated by another resident, the nursing home itself may still be cited for failing to prevent and report the abuse. In most cases, anyway, the abuse is done by the nursing home staff, either through neglect or more active and malicious forms of abuse. The nursing home is typically sanctioned with fines or restrictions on subsidies. The nursing home administrator may then retaliate against the whistleblower by terminating his or her employment. This is illegal, and the employee may sue the nursing home for it.

If you believe that you have been wrongfully terminated for reporting abuse or other illegal practices in your company or organization, consult with a wrongful termination lawyer to assess the case. The lawyer will be able to discuss what legal options you have and where your best interest lie.

The Importance of Car Insurance

Posted by on 1-01-14 in Automobile Accidents, Finaces | 0 comments

Ever wonder who pays for a personal injury claim resulting from a car accident? Most people understand that car insurance is required by law for anyone who wants to drive; at the same it, it pays for the repair of a car when it gets damaged. What most people don’t know is that it is also the car insurance company by way of the third-party liability (TPL) coverage (also required by law in most states) which usually pays for any awards in a personal injury suit. This is why defendants in such cases are so well-represented; it is usually the insurer which pays for the lawyers.

However, in cases where drivers have been convicted of driving under the influence (DUI), driving uninsured, driving without a license, or with more than three traffic violations, they get their license suspended and most insurance companies will refuse to provide coverage, anyway. This is because such drivers represent a high-risk population, and the actuary tables indicate that such clients are likely to cost the company more money than bring it in. Without a valid driver’s license and basic insurance, an individual cannot legally drive in the U.S.

But there is a way to get a special kind of insurance for these individuals, but it will require an SR-22 filing. According to the car accident lawyers at Habush Habush & Rottier S.C. ®, the SR-22 is a form that an insurer sends the Secretary of State certifying that a particular individual has the necessary insurance to drive legally in a specific state, such as Indiana or Illinois, which the insurer covers. The SR-22 certification is also a requirement for the lifting of a suspended license in most states.

The SR-22 insurance is typically difficult to obtain and can be expensive to boot, but the level of difficulty and cost varies depending on the insurance company. When in need of SR-22 insurance, request rates and the level of service from the insurance companies offering it in the relevant state to comparison shop before making a choice.

Workplace Accidents and Injuries

Posted by on 1-01-14 in Personal Injury, Workplace Injuries | 0 comments

Employees in the U.S. generally believe that they have coverage if and when they get injured at the workplace, or if they have an accident while doing their work even outside the office. According to the Spiros Law, P.C. website, one in 5 American workers will be injured on the job every year.  Unfortunately, making a workers’ compensation claim is not always easy.

Employers are required by law to pay for and provide workers’ compensation insurance coverage for their employees. This is to protect employers from civil litigation if injuries are caused by some type of employer negligence or oversight; at the same time, it provides workers a way to cover the costs of an injury and any consequent loss income from lost days of work or disability.

For example, when an Eagle Ford Shale pipeline worker is injured in an explosion at work, the hospital stay and any subsequent medical treatment will be paid for by the insurance company, plus any lost days of work during recuperation. However, the employer would not want to forward a claim for Eagle Ford Shale injuries if at all possible because this will translate to an increase in the premiums. The more claims that are made and paid, the more the employer has to pay overall the following year. The employer prefer to deny claims if they can get away with it.

The most commonly denied claim is for injuries that are difficult to prove. It should be noted that while workplace accidents commonly result in injuries, workplace injuries do not need to be the result of an accident. There are several workplace injuries develop over time, and they are frequently disputed as a valid injury. A good example would be carpal tunnel syndrome, an injury that develops through repetitive motion. While the injury progresses slowly, it is definitely debilitating when it gets bad enough, and may warrant a workers’ compensation claim.

When a workplace injury claim is denied for this or other reasons, the most important thing is to make an immediate appeal with the assistance of a competent and experienced lawyer. Both employers and insurance companies will make every effort to avoid paying claims, so it is important that the lawyer can handle such cases well.

The Financial Effects of the BP Oil Spill

Posted by on 1-01-14 in Finaces, Oil Spills | 0 comments

It is perhaps a given that it would take a long time for the ecosystem in the Gulf of Mexico to again achieve some semblance of balance after the biggest environmental disaster in the history of the oil industry. This is of course referring to the Macondo oil rig explosion, which triggered the disgorgement of millions of barrels of crude oil into the deep waters of the Gulf of Mexico. There is also no dispute that bad judgment and tragic oversight led to the accident, making principal operator UK-based oil giant BP Plc and its partners liable for billions in oil spill claims for environmental, property, personal injury, and business loss damages.

The most direct financial effects of the BP oil spill were on small fishermen and tourism, whose livelihood seemed to vanish into air as quickly as the explosion on the oil rig, and the after-effects are just as difficult to contain. It took engineers five months to stopper the oil spewing from the ruined rig; it is now going on 4 years and many businesses which failed to ride the waves of the disaster are filing for bankruptcy, affecting the jobs of thousands of employees. It is estimated that while active cleanup operations in the affected areas have been completed, seafood in inland waters are not yet considered safe to eat, although what fishermen haul in further out into the Gulf are.

Hotels, restaurants and tourist spots in the area enjoyed a resurgence of custom in 2012, but too late for a lot of individuals and business owners who are now just hoping to get the promised compensation from BP to get back on their feet. If you have an oil spill claim and you are not part of the ongoing settlement, consult with a BP oil spill lawyer in your area for an assessment.