When someone suddenly dies due to the fault of another person, the people they leave behind has the right to file a wrongful death lawsuit against the people responsible for the death of their loved one. Filing such kind of case is an entirely new concept. Common law did not allow the relatives of the deceased to recover damages from wrongful death. However, that has changed as every state now has some kind of wrongful death law.
According to the website of Abel Law Firm, wrongful death results to overwhelming grief, shock, and anxiety for the surviving family members. A wrongful death lawsuit involves all kinds of fatal accidents from a simple car accident to medical malpractice and product liability. Individuals, businesses, and government agencies can be held liable for their negligence or for their intentional acts.
Depending on the state, a wrongful death claim can be filed by a representative on behalf of the survivors. In legal parlance, they are called as the “real parties in interest.” They may be any of the following:
Immediate family members. It could be the spouse or children as well as parents of unmarried children.
Life partners, financial dependents, and putative spouses. In some states, the domestic or life partner, those who are financially dependent on the deceased, and a “putative spouse” (one who believes in good faith that they were married to the victim) can recover damages.
Distant family members. In some states, distant family members such as brothers, sisters, and grandparents can file for a wrongful death lawsuit.
Persons who will suffer financially. In some states, people who will suffer financially as a result of death can file a wrongful death action.
Damages that can be collected from a wrongful death claim include the pre-death pain and suffering of the deceased, the medical expenses, funeral and burial costs, the deceased person’s expected income, loss of inheritance, the value of services the deceased would have provided.
Unfortunately, there are some people who will try to separate themselves from a horrid event just to not take the blame. This is an unforgiving time with a culture that is comfortable with zero accountability, so long as they don’t get caught—even if the fault is primarily due to them. The same can be said for businesses and corporations – trucking companies are no exception. Not all trucking companies can or will do this but there is power in negligence—great and terribly power that could change lives for the worse.
So, say that you were injured due to a truck accident. Did you know that you might be owed better than what you are initially offered?
According to the website of the lawyers with Williams Kherkher, a truck accident’s damages could cost up to almost $60,000. This is not inclusive, of course, to the long lasting impact and the expenses that it could cost an individual victim or survivor (as the adage saying goes, victims have graves and survivors have scars).
If the victim is without legal representation when holding a trucking company liable for the injuries sustained then it is likely that they might be offered a cash payout that may, at first, seem decent enough when, in reality, the victims may be owed better for the personal injury that they suffer. The initial offer may be enough to cover the basic medical expenses but there are also the lost wages to consider and the recompense necessary for the trauma experienced at the peril of a truck accident.
You are well within your rights to demand for compensation in circumstances like this, should you have been the unfortunate innocent involved with a truck accident.
It is unsurprising in case you are just today suspecting that an immediate family member and also require died sometime before due to medical neglect. Most people have an ingrained trust in health care specialists about the energy of this occupation alone. This really is mostly due to the undeniable fact that they’ve been qualified to care for the wellness of men and women, as well as for physicians, their sworn promise to “do no harm.” While there’s frequently no intention for these health specialists to accomplish damage, once they neglect to take due attention, they’re responsible for whichever occurs.
Over 200,000 people in the US expire every year from neglect, that is only 31% of most medical cases. By classification, this is a case of death. In some cases, medical negligence cases end up in the judgment or negotiation for their survivors or the plaintiff. Medical negligence payouts happen every 43 units. As it pertains to providing a medical malpractice to a prosperous finish for that file nevertheless, this could provide a false impression of ease. The fact remains, only about 21% of plaintiffs overcome in such cases.
One of the reasons for this is that some situations exceed limits for that state’s law. A Newport Beach personal injury lawyer would probably point out that a would-be client’s case must be filed within three years after the event or one year after discovery, whichever comes first. Failure to report a medical malpractice match for wrongful death within the express-explained statute of limits typically leads to a dismissal of the case. It is a technicality, but sadly, it is a to finding payment for a healthcare provider’s very authentic club wrongful act.
You must work quickly if you suspect medical negligence contributed towards the death of an immediate member of the family. Before it is too late consult with a personal injury attorney in your state.
Dogs are well-loved pets in America. Thanks to their lovely dispositions, they’re often considered as man’s best friend. They are often friendly and playfully, proving to be worthwhile companions for families across the country. There are times, however, when dogs feel provoked or threatened and start to attack.
Unfortunately, dog bites are a common occurrence all over the country. According to the non-profit organization Dogs Bite, about 1,000 Americans require medical attention for a dog bite injury. According to their research, these injuries are commonly caused by aggressive dog breeds such as pit bulls, rottweilers, and mastiffs. The Centers for Disease Control and Prevention also pointed out that most dog bite victims are children.
Children are often unaware of how to read a dog’s body language and reactions. As they interact, children might not be mindful of how the dog perceives their attempt to pet and play. As such, they might inadvertently provoke the dog into a more aggressive stance. Despite these dangers, children can still play and interact with dogs without the threat of risk. Through proper supervision and education, children can enjoy the company of a dog without the looming possibility of an attack.
Aside from proper supervision, parents should educate their kids about precautions they can take when they are around or interacting with dogs. The following are just a few tips suggested by the American Society for the Prevention of Cruelty to Animals:
Dogs can be unpredictable creatures. Even the sweetest tempered dog might suddenly feel threatened enough to attack. Parents who want to encourage significant bonds between children and their pets should be mindful of possible risks and do what they can to prevent any accidents from happening.
Mesothelioma is a dangerous and life-threatening disease caused by prolonged exposure to asbestos. There are four types of mesothelioma varying in affected areas of the body and symptoms.
The first type of mesothelioma is pleural mesothelioma and is the most common type, affecting 75 percent of mesothelioma patients. This type of mesothelioma develops in the mesothelial lining of the lungs, known as the pleura. Symptoms include shortness of breath, dry cough, chest pain, and difficulty swallowing. However, these symptoms can take years to develop and may be confused for other illnesses. Treatments for this type of mesothelioma can vary based on the stage of the cancer. If found in the early stages, curative surgery may be an option for patients. Unfortunately, if diagnosed too late, pleural mesothelioma is impossible to cure and treatments are used to decrease pain and improve quality of life including chemotherapy and radiation.
The second most common type of mesothelioma is peritoneal mesothelioma and affects the mesothelial lining of the abdomen also known as the peritoneum. Symptoms include abdominal pain, swelling, weight loss, and nausea. Like pleural mesothelioma, treatment can vary based on the stage at which the cancer has progressed. This type of mesothelioma is the quickest to spread to other areas of the body so heated chemotherapy has been shown to be effective.
The rarest types of mesothelioma are pericardial mesothelioma and testicular mesothelioma. Pericardial mesothelioma occurs when fluid builds up in the spaces between the layers of the pericardium or exterior lining of the heart. These symptoms include irregular heartbeat, chest pain, and difficulty breathing. It is nearly impossible to treat because the tumors reside so close to the heart so treatment options are available to improve life quality and decrease pain. Testicular mesothelioma is the rarest form of mesothelioma and affects the tunica vaginalis or the lining of the testes. It is so rare that doctors are not completely sure of what the symptoms are, although some patients undergo surgery to have parts of all of the teste removed.
To learn more about mesothelioma and options if you were unknowingly exposed to asbestos, click here.
Polychlorinated biphenyls or PCBs have long been known as highly toxic substances. In 1979, the United States federal government issued a ban on the use and manufacture of the synthetic chemical compounds that were widely used as industrial insulators and cooling agents for most of the 20th century. At that time, PCBs were solely manufactured in America by a company called Monsanto and were found to have been worth around $22 million in yearly sales. As a result, Monsanto enjoyed an almost four decade run as a giant in the chemical industry. However, this monopoly came to an abrupt end when concerns about health risks and environmental effects found its way into public discourse.
From the 1940s until the late 1970s, Monsanto PCBs were produced in a chemical plant located at the west side of Anniston, City Alabama. In that time, several Anniston creeks were used as a dumping ground for chemical waste from the production of PCBs. At first, Monsanto didn’t seem to have been aware of the negative effects caused by the toxic chemical compounds. However, internal reports and communications show that Monsanto quickly became informed of the pollution they were causing. As pointed out by an expose published by The Washington Post, Monsanto has been aware of the devastating environmental effects caused by PCBs as early as 1966, when they hired a group of scientists to examine one of the creeks contaminated by the chemicals. The results regarding Snow Creek were as follows: “All 25 fish lost equilibrium and turned on their sides in 10 seconds and all were dead in 3 1/2 minutes”. Despite this knowledge, Monsanto continued to produce PCBs until two years before the government imposed ban.
Today, the City of Anniston continues to feel the devastating effects of PCB contamination. Aside from the creeks that were originally used by Monsanto as toxic waste dumping grounds, the chemicals also spread to and contaminated other water sources as the years went by. More than 3 decades later, residents of Anniston are struggling with risks associated with PCB exposure such as cancer, liver damage, and issues with the reproductive, nervous, endocrine, and immune systems.
When someone operating a vehicle causes another’s death as a result of reckless driving, vehicular manslaughter has been committed. Ways in which to commit vehicular manslaughter, defenses for the accused, and penalties for the committed are straightforward to encompass all situations.
Driving with criminal negligence is when the driver is being extremely reckless, thus putting other drivers at risk of death. Instances of this include drunk driving, driving on the wrong side of the road, traveling high above the speed limit, or driving under the influence of drugs. Overall, if traffic violations have been committed when the driver is in complete disregard for human life, they can be charged with vehicular manslaughter.
If accused of vehicular manslaughter, the defendant can argue against their accusation. Such defenses include are citing a lack of incriminating evidence, the evidence was taken in discordance with the defendant’s constitutional rights, or that there was an alternate event that caused the death. In cases of alternate events, the defendant must prove that the event was out of their control.
Committing vehicular manslaughter can be a misdemeanor or felony. State laws outline different penalties for this crime, but they generally consist of fines and jail time. Typically, if the driver is operating the vehicle under the influence of alcohol or drugs, their case will result in more severe punishment.
Click here to read more about how to build a defense against a vehicular manslaughter charge. If committed, this kind of charge can have a serious on a person’s life, however taking the proper steps in fighting against it can diminish negative consequences.
Nothing is more tragic than a child that is born with defects that would not be there but for the adverse effects of certain drugs that should not have been administered. This is the essence of a dangerous drug lawsuit for birth defects, and according to the bulk of the studies about Zofran (ondansetron), an antiemetic may very well fit the but for part of the lawsuit information.
An antiemetic is a drug that blocks certain receptors in the brain that triggers nausea under certain conditions. Zofran in particular blocks serotonin receptors, and it is designed to counteract nausea caused by cytotoxins in the system from chemotherapy, radiation therapy, and post surgery.
Pregnancy-related nausea and vomiting, commonly referred to as morning sickness, occurs in about 75% of all pregnant women, with the usual onset on the 4th week and persisting into the 14th week. Typically, no medications are necessary because the effects are usually mild and non-life-threatening.
Antiemetic drugs are generally not recommended for pregnant women because of the uncertainties regarding the safety of their use on the health of the mother and the developing fetus. In some cases, however, the nausea and vomiting is so frequent, severe, ad prolonged that the mother’s life is threatened along with that of the fetus. In such cases, an antiemetic is prescribed by the attending physician. Zofran manufacturer GlaxoSmithKline (GSK) encourages doctors to prescribe Zofran in such situations.
So far, the lawsuit information against Zofran is confined to suspicions of women who took Zofran during their first trimester and whose children had birth defects and the conflicting results of several studies regarding the matter. It is undisputed, however, that GSK had claimed that it was safe for pregnant women when they had no basis for making such claims, and that they had marketed it as such to doctors. At the very least, GSK had breached their duty to ensure the safety of their patients by failing to do the clinical trials to find out about the potential harm the drug posed on users.
If you suspect that your child’s birth defects was due to using Zofran, you may just be right. Consult with a Zofran lawyer to find out more lawsuit information about it.
Dental health plays an important role in general overall health, much more so for pregnant women. Numerous studies and researches have already determined the link between dental health and heart disease and infections. Gum infections can travel through the blood stream and affect the heart and other important organs, and for pregnant mothers this could be a very dangerous complication.
Pregnant mothers can develop variety of dental problems, or if they already have them the condition can worsen. During pregnancy, a woman’s dental health changes because of the hormonal surge (specifically progesterone and estrogen) that can heighten how the gum tissues react to plaque and infections. An already existing gingivitis can worsen, and if neglected can lead to periodontitis (severe gum disease). Furthermore, pregnant women can develop what is called pregnancy tumors. According to Dr. Sid K. Steadman D.D.S., these are inflamed but non-cancerous tumors that can cause discomfort and hinder eating, brushing, and other oral care procedures. Although they usually shrink away by themselves after the baby’s birth, but if they interfere with everyday activities, the dentist can decide to have them removed.
Research has established a link between gingivitis and low-birthweight and pre-term babies. Excessive bacteria that can reach the uterus can prompt the production of certain chemical called prostaglandins suspected to cause premature labor. In order to avoid complicating your dental health while pregnant, you should inform your doctor and dentist about your pregnancy; provide information on the medications and dosages that you are taking so that they can alter your dental care plan according to your needs. Avoid skipping your dental appointments – hormonal changes increases the risks of dental complications, therefore keeping a good dental hygiene regimen could keep dental issues at bay. Consult your dentist if you are planning to get pregnant and keep regular dental checkups, especially during your first trimester.
One of the crimes of violence that is sadly very common is assault. There are two types of assault that states tend to follow: some states have assault defined as using intentional force or violence against another person (punching or striking a person using a weapon or object), while some states may define assault as not necessarily needing physical contact with the victim and is described as any attempt of committing physical attack or actions considered to be threatening that would cause him or her to feel fear or impending violence. Verbal threats are not considered assault according to the second definition, and physical actions such as raising a fist or swinging a weapon could constitute for assault.
If you want to learn more about the different types of assault, it would helpful to talk to a Houston criminal defense lawyer, since difference in state laws can make distinctions. For states that follow the definition of assault as putting the feeling of fear and immediate physical danger to the victim, the victim’s response should be a genuine and reasonable reaction under and given circumstance: it should be expected from any reasonable person.
A simple assault constitute to the victim suffering from minor injuries or a limited danger of violence. Aggravated assault is considered a more serious crime, with the victim suffering or experiencing from a severe or significant violence or fear (involving more than just a simple punch or slap across the face). A defendant can be convicted with simple or aggravated assault of the elements of the case has proven “beyond reasonable doubt” that defendant intentionally threatened to attack or cause harm to the victim, or have successfully done so. Aggravated assault further requires the act to have the defendant either utilized a deadly weapon, caused severe personal injury, conducted the assault intending to commit some serious criminal act, concealed his/her identity, or if the victim of the crime is a member of a class of protected citizens (such as police officers, senior citizens, or school employees).
Because it is a very serious felony, charges of aggravated assault should never be taken lightly. According to the website of Mark Lassiter, Attorney at Law, hiring a Dallas criminal defense lawyer may be the only way to secure minimal penalties and protect your rights. Being convicted with aggravated assault can have a great impact in your life, therefore finding the right legal representation is vital in order to achieve a more positive outcome.