Nothing can be more painful than the sudden and unexpected death of a loved one. It is even more painful if the death was caused by the negligence of another person. In legal parlance this is called wrongful death. Aside from accidents, other circumstances that result to wrongful death include medial malpractice, product liability, and workplace negligence. Wrongful death cases may vary from one state to another but they follow the same principle.
According to the website of Karlin, Fleisher & Falkenberg, LLC, wrongful death can have a powerful impact in the life of a person. For instance, if the unfortunate victim is the breadwinner of the family, it could mean loss of income for them. Figures from the Centers for Disease Control and Prevention revealed that almost 121,000 individuals die due to unintentional injury accidents yearly. It translates to 39 deaths per year per 100,000 people in the United States. The US Department of Justice revealed that 9 out of 10 medical malpractice lawsuits involved wrongful death.
Knowing the effects of wrongful death to your family, you can return to living a normal life by filing a wrongful death claim. The sudden death of your loved one may have left you with huge debts, medical and funeral expenses, and most of importantly loss of income. These losses are difficult to replace so the only way to do so is to file a wrongful death claim.
The Phases of a Wrongful Death Claim
When filing for a wrongful death claim, you have to remember that it may take months or even years for your claim to be resolved. It may take its toll on your finances and may take much of your time. The filing of a case will go through several phases before you get the damages or compensation that you deserve. Due to its time-consuming nature, not all claims would end up with a lawsuit. In fact, some opt for settlement or other alternatives. Here now are the different stages of a wrongful death claim:
The pre-litigation phase is the stage wherein the surviving members hire an attorney who will then initiate the filing of the case. Here the attorney will conduct the full investigation of the case and may even interview you and other members of the family. During pre-litigation, the lawyer may also consult experts such as accident reconstruction experts in the case of auto accidents or medical experts if the death was due to medical malpractice.
Generally, the pre-litigation phase is all about assessing the viability of your case. Once again, it is worth noting that wrongful death may necessarily end up with a lawsuit. If possible, the attorney will work out a fair settlement for their client.
The litigation phase involves the following stages:
Filing of complaint – wherein the attorney presents a writ to initiate legal proceedings
Responding to the complaint
Pre-trial stage which involves both parties educating the judge about the case. Here the jury is also selected and the judge making a conference with the attorneys.
Trial or Arbitration. In this stage, the case is presented to a judge and usually a jury or arbitrator. After the presention of the prosecution and defense, the verdict is rendered and the case ends at this point.
Post-Trial. In this stage, any or all of the parties may appeal or challenge the outcome of the case
In all of the stages of a wrongful death claim, you need to be represented by a lawyer as the entire proceedings in itself may be overwhelming for you.
What comes to mind when car accidents happen are the spectacular ones that happen in movies. Bits of metal flinging about everywhere, explosions of terrible magnitudes igniting everything and everyone in its wake, rubber screeching maliciously against asphalt as two vehicles collide in a cinematic showdown against one another for whatever reason: this is the image that often comes to mind when car accidents are mentioned.
Though situations like this are possible and do happen, unfortunately enough, sometimes car accidents are quieter and more personal – but the effects are just as devastating to the affected individuals, especially the victims and the victims’ friends and family.
There is more than one way to have a car accident. Sometimes, to be in a car isn’t even necessary to be in a car accident; sometimes, all it takes is crossing the road at the wrong time. Any Austin car crash lawyer can enumerate the different kinds of car accidents that can happen: situations involving drunk driving, an error that resulted from negligence in the manufacturing level, highway defects, reckless driving – just to name a few.
Procedures on how to deal with these can be tedious due to the process involved in order to receive compensation. After all, car accidents usually result into significant injury – at the worst case scenario, it can result to even wrongful death. It is usually recommended for survivors of car crashes to contact legal representation immediately in order to be guided intelligently during this intelligent time.
A car crash lawyer would not only have intimate knowledge about the inner workings of a case like this but they would also have the experience necessary in order to handle this kind of case with compassion towards the clients’ affairs. A lawyer would also be well-equipped with a network of professionals in the field who would be able to further help during the recovery process, thereby allowing the victim the freedom from stress that dealing with the aftermath of a car accident can give.
Doctors and nurses are supposed to be some of the most trusted individuals we encounter. We rely on them for our own health and trust them with the health of our loved ones. These honorable careers are certainly difficult jobs, and we hold those who pursue them to a higher standard than most. However, at times these trusted individuals are not deserving of our reliance. At times, the carelessness, negligence, or poor judgment of a medical professional leads to the worsening of a patient’s condition. This is referred to as medical malpractice. One common occurrence of medical malpractice is delayed treatment. It is important for patients or loved ones of patients to be aware of these occurrences so that they can better avoid them.
Delayed treatment occurs when a necessary treatment is not given to the patient in a timely and appropriately urgent manner. According to the website jeffsampsonlaw.com, in most circumstances, the delay in treatment is closely associated with one or more other forms of medical malpractice, including the following: wrong diagnosis, hospital negligence, emergency room errors, or pharmaceutical errors. This delayed treatment is likely to occur because a medical professional incorrectly identified the disease afflicting their patient. It is also likely that a patient was delayed in getting the treatment they needed because of an error or delay in receiving their pharmaceuticals. Even if they were initially prescribed the correct medication, a pharmaceutical error could delay their receiving this treatment or accidentally cause them to initially receive the wrong medication.
In some complicated medical procedures, there is not room for mistake or accident. Sometimes accidents do happen, and in those tragic situations it is hard to hold someone accountable. However, sometimes mistakes occur specifically because of the carelessness or negligence of a medical professional. In these cases, the victim of such a mistake may be owed certain damages.
Congenital heart defects are serious conditions that cause disruptive effects on a body’s circulation system. These conditions are characterized by issues in the structure of the heart. Normally, a normal heart is comprised by arteries, chambers, and valves that allow for the healthy circulation and distribution of blood all over the body. An individual with congenital heart disease will experience physical symptoms due to abnormalities in the way their heart is structured. This leads to severe consequences that could cause even more complications.
According to the Centers for Disease Control and Prevention (CDC), there are about 40,000 babies born with a congenital heart defect every year in America. Around 25% of these babies are diagnosed with critical defects that require to be treated with surgical procedures even before they turn 1. The total number of both children and adults currently living with some type of congenital heart defect is at the millions. As noted by the CDC, there are about 2 million infants, children, teenagers, and adults currently living with congenital heart defects in the United States. These numbers only prove that raising awareness about this issue is completely essential.
Researchers are still learning the exact reasons for why congenital heart defects occur. In most cases, it is assumed that these serious conditions are caused by genetic factors involving specific changes in genes and chromosomes. According to the CDC, the risk of congenital heart defects increases when these changes coincide to changes in a pregnant woman’s diet and environment. Certain types of food and medication, in conjunction with genetic factors, can increase the potential of congenital heart defects.
A particular study conducted by the College of Family Physicians of Canada examined the occurrence of congenital heart defects and other similar conditions. They found a significant link between the anti-nausea drug Zofran and the occurrence of congenital heart defects. As pointed out by a Zofran lawyer website, investigation of these links support the claims made by mothers with children suffering from congenital heart defects.
Despite thousands of lawsuits filed against Bayer HealthCare for its Mirena intra-uterine device (IUD) for contraception, the German pharmaceutical company makes no bones about its aggressive marketing of the product to teens. It touts the convenience of the device compared to more traditional means of contraception such as birth control pills which requires some discipline and vigilance to really prevent pregnancies. IUDs are “set and forget” contraception; once it’s in you don’t have to worry about it any longer. This is appealing to busy mothers as well as active teenagers.
That is precisely the issue at hand in Mirena litigation; women forget about it until the pain of a uterine perforation or infection kicks in. Claims against Bayer allege that Mirena “migrates” or moves out of place and in many cases, attempting to remove the device was unsuccessful because it could not be found. This is a serious problem, often resulting in infertility, scarring and adhesions.
Bayer predictably downplays the potential risks and side effects associated with Mirena, and it is expected that the uninformed would buy into it. However, the company is also marketing the product to doctors who are surprisingly receptive, advising their teen patients to use the product to prevent unwanted pregnancies. Family planning experts are also noting the trend of patients asking for IUDs as a contraception option.
Because Mirena lawsuits are still tied up in the Southern District of New York and the first trials are not yet scheduled, Bayer is making full use of the time to sell as many of the Mirena IUDs as it can. There is no saying what the verdict will be at the end of the day, but there is certainly no doubt that Bayer is making a killing in the contraceptive device market. The sad thing is that by the time it is proven whether or not Bayer has been negligent and liable for the injuries caused by MIrena, it may be too late for some women.
If you are currently using Mirena, ask your doctor to check if the device is in place. If you have already suffered serious injury from the spontaneous migration of the product, then you will definitely need medical attention. You should also consult with a Mirena lawyer to find out what can be done legally to get compensation for your injuries.
Mirena is but one of many defective pharmaceutical and healthcare products. The companies who manufacture dangerous products often include the costs of settling lawsuits that may crop up due to dangerous and unforeseen consequences in their budgets, which is a prudent move. However, sometimes these products can have deadly risks for which no amount of money can provide restitution.
Health insurance carriers are notorious for delaying payments to healthcare providers, paying clean claims slower even than Medicare. In Texas, it came to a point that healthcare providers particularly doctors lobbied the legislature to enact a law that would compel these Preferred Provider Organizations (PPO) and Health Maintenance Organizations (HMO) to pay on time. In lieu of legal protection against significant caps (some as long as 180 days) between the service rendered and service payment even for pre-authorized treatments. As a result, many doctors have refused to renew their contracts with these insurance companies or limited their services. Because these HMOs and PPOs lose nothing from limiting healthcare services, it is mainly the patients who suffer from this boycott.
There was clearly a need to curb these delay-and-deny tactics. The Texas Prompt Pay Act (the Act) was thus enacted in 2003, which penalized insurance carriers that withheld payment longer than necessary. But despite the urgent need and popular support, healthcare insurers managed to delay enforcement for several years in legal wrangling. Now, however, healthcare providers are finally given the legal backing to protect their right to be paid for clean claims of services rendered in a timely manner. However, like most things that deals with the law is not at all a simple process. In most instances, doctors, hospitals, and now pharmacies require the help of Texas prompt pay lawyers to take on these health insurance companies.
Unfortunately, many healthcare claims remain unpaid past the reasonable waiting period mostly because doctors, hospitals and pharmacies do not know how or choose not to enforce their rights under the Act. Health insurance companies will only grow bolder if the aggrieved parties do not file a claim.
If you or your company has been subjected to unreasonable delay or denied payment for a legitimate health care claim by an insurance company, you may be eligible for a prompt pay claim in Texas. Contact a prompt pay lawyer in your area for more information.
Big rigs or 18-wheelers play a huge role in this nation’s economic growth by keeping businesses operational and, the economy, alive. However, drivers of these huge commercial vehicles are often required to drive for as long as 11 hours, picking up and delivering tons of important cargo within specified schedule, despite driver fatigue and regardless of road and weather condition. Thus, in the event of an accident, due to their enormous size, trucks can easily wreck smaller vehicles in their path as well as seriously injure or kill their drivers.
There are many different federal agencies and laws, such as the Federal Motor Carrier Safety Administration (FMCSA), the Federal Highway Administration (FHWA), the National Highway Traffic Safety Administration’s (NHTSA), and the Commercial Motor Vehicle Safety Act of 1986, aimed at keeping everyone involved in the trucking industry (manufacturers of truck parts, truck operating, drivers and traffic enforcers) adhere to laws and standards that will help keep US roads free from trucking accidents.
Some of these laws specifically require that:
- Drivers undergo a special training, possess the special skills necessary for operating a truck safely, and pass the test prepared by the (FHWA) before being issued a commercial driver’s license
- Drivers do not drive for more than 11 hours straight and that they should have 10 consecutive off-duty hours following their 14-hour duty
- Trucking company owners keep a record that show regular schedule of truck check and truck maintenance
- Drivers perform a complete check on the brake shoes to ensure that these are in good condition and operate properly plus make sure that there are no air leaks in the brake chamber
- Manufacturers of truck parts produce quality parts only by making sure that every part made, especially of the breaking system, follow the minimum standards required by the government.
Brakes contribute a lot to a truck’s performance, especially during emergency cases. Based on records from the US Department of Labor, many truck accidents are due to brake failure, usually a result of brakes suffused with oil or grease, thin or worn out brake pads, overheated brakes or sub-standard break parts.
Accidents involving trucks can very well be the result of someone failing to perform his/her job properly; a clear act of negligence that usually results to personal injuries. The Williams Kherkher law firm says on its website that many truck defects get known only after the truck figures in an accident. Acts of negligence that result to accidents and injuries, the law firm states, give the victim the legal right to seek compensation from the party who can be identified as truly liable for the accident.
Women like to feel fresh and dry, and one of the time-honored ways that this is accomplished is by using talcum powder in intimate areas after drying off from a shower or bath. After all, if it’s safe enough to be used on babies, surely it is safe enough to be used anywhere on the body. Apparently, that’s not precisely true.
There have been concerns from way back (1971, in fact) supported by empirical research about the effects of using talcum powder in the genital areas. This may be because it was around this time that the health dangers posed by exposure to asbestos fibers were discovered, and it was its size and persistence that made it so dangerous.
Talcum powder has uncomfortably similar properties which prompted studies primarily about its effects on the lungs and reproductive system of women, who were the ones most exposed to the product. Back then, talc particles were found in the cancer tissue of women who had been diagnosed with ovarian cancer. This suggests that talc particles may have contributed to the activation and growth of cancer cells. The results from studies then and now that consider the link of genital use of talcum powder and ovarian cancer strongly suggest that there is an increased risk of developing the condition from regular use of talc in these areas.
This is a serious concern because it is estimated that as much as 40% of women in the US use talcum powder in this manner. According to information on http://www.williamskherkher.com/practice-areas/talcum-powder-lawsuit, more than 20,000 women every year are diagnosed with ovarian cancer, and 15,000 die from it.
If you have been using talcum powder as part of regular feminine hygiene and have been diagnosed with ovarian cancer, ask your doctor to have your tissue tested for talc particles. If they are found, show the test results to a talcum powder lawyer in your area who may be able to help you get compensation for your medical and other expenses.
Whether or not you’re convinced climate change is a real thing, the fact remains that the polar ice caps are melting, shrinking, cracking to bits, and otherwise degrading into nothingness. This is major, but no one seems to care!
The global effect of melting polar ice caps is a serious cause for concern. The ice caps do a lot to maintain the globe’s climate. This is not a disputable comment; it is a fact. The ice caps reflect a significant amount of sunlight away from the ocean underneath. This helps maintain ocean temperatures. No polar ice caps means all that sunlight instead penetrates the oceans and increases their temperature, slowly over a long time.
This is in theory problematic because all that warm water can lead to more severe storms, which have been an ever-growing danger to coastal areas.
Regardless of how you feel about global warming or climate change, these photos from NASA show the evident reduction in the area of the planet’s northern polar caps.
Four years after the April 2010 BP oil spill off the coast of Louisiana, issues of claims settlement are still not over, as so many legitimate claimants, and applicants who say that their claims are legitimate, are still yet to be paid.
In 2012 British Petroleum (BP) made a commitment in helping restore the environmental condition through clean up plus financially assist those who have suffered economic losses, due to the spill, through payment of full and fair compensation.
In view of the settlement process, the court appointed a settlement claims office which would gather all claims and have each paid. The only big problem is, the office approved and paid many claims for financial losses not traceable to the oil spill tragedy (and hundreds of claims of the same cases are still to be paid) – an act that BP is making a protest against.
Where payment is the issue, BP has shown its intent to settle everything fairly, but with the condition that losses will have to be traced to the oil spill. The system of payments used by the claims office, however, has had many lawyers, individuals and businesses feasting on the fact that they have a chance to get financial bonuses for something that none of them are legally entitled to – and all at the expense of BP.
Despite the decision of the New Orleans’ Fifth Circuit Court of Appeals to support a previous U.S. District ruling which allowed payment of claimants and which removed all injunctions that would prevent such payments, the US Chamber of Commerce made a bold announcement that those who receive payment from BP for losses not traceable to the oil spill are committing a great act on injustice. Despite the ire of its members over the logical and fair stand of the U.S. Chamber, the former seems to be committed to pursue its position.
The amount that BP has already shelled out has reached billions of dollars, the biggest amount, so far, released by any oil firm involved in an oil spill. Many legitimate claimants are angry due to the long wait for payment to be made (and they have a valid reason to be angry), but with proof that losses are really connected to the spill that BP in now re-requiring, who can blame the oil company? The only probable real issue is: legitimate payment for legitimate claims. And if a claimant has the necessary proofs, then surely, he/she will be paid.
On its BPClaimAppeal.com website, Williams Kherkher states that having a good and experienced lawyer can help expedite the processing of application for claims of legitimate claimants. He also states that if the settlement amount is immediately necessary, then claimants need not wait for so long; having a good lawyer can be the only factor missing in the legal negotiations.