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What Do You Need To Prove A Wrongful Death Claim?

When someone dies due to the actions of another, the survivors of the victim have a claim against the person or entity that caused their loved one’s death. Typically, the claim is to seek compensation for the pain and suffering of the survivor’s as well as their financial damages, including loss of wages of the victim. To have a successful wrongful death claim, the plaintiffs need to prove four separate things.   1) The defendant acted in a negligent manner which caused the death. “Negligence” is a loaded term in the law and basically means that the person or entity failed to use reasonable care in the situation. So, a drunk driver who runs a red light and hits another car has acted negligently because they did not use reasonable care and stop at the red light. Similarly, an employer acts negligently when it fails to fix an obvious safety hazard that causes a death after being notified of the hazard and that it had caused injuries.   2) The defendant breached their duty of care to the victim. What this element is really getting at is that the defendant owed a duty of care to the victim and breached that duty. A doctor owes a patient a duty of care to take care of them and not injure or kill them. Drivers owe each other a duty of care to obey the rules of the road which will allow them to avoid accidents. Employers owe their employees a duty of care to ensure they have safe working conditions.   3) The defendant’s breach of their duty caused the death. This is the hardest part often to prove since it requires that not only did the defendant act negligently and breach their duty, but that was the cause of the death of the victim. In some cases, this is clear cut such as car accidents involving impaired drivers. The hill becomes a lot harder to climb when the connection between the duty of care and the person’s death becomes more tenuous. For example, it is often very difficult for a plaintiff to prove that a manufacturer’s product was the sole cause of the death of their loved one since it is rarely that obvious and the manner in which the victim was using the product could have contributed to their death.   4) The death of the victim caused...
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What Bikers Should Do After Getting Hit by a Car

According to the National Highway Traffic Safety Administration, motorcycles are the top-ranking vehicle when it comes to fatalities on the road. In fact, they are 27 times more likely to be killed than drivers of other types of vehicles. It’s imperative that motorcyclists follow the proper procedures for safe riding, including always wearing helmets and driving sober. While doing these things will minimize risk of accidents, they don’t necessarily prevent them outright. There are always dangers to be found on the roads and a careless passenger car or truck driver could pose a serious threat to a motorcyclist. The following tips may keep bikers safer: Make Sure You’re Okay After an Accident Getting struck by a vehicle is bound to be a disorienting and frightening experience, particularly if you’re riding another, smaller vehicle. From the point of impact until the better part of an hour, you’re likely to feel overwhelmed in a way you’ve never felt before. You will need to get medical attention no matter what, but you need to be aware of the extent of your injuries. First, make sure you’re able to use your basic motor skills and cognitive functions, such as seeing, speaking, and moving your arms and legs. If you feel substantial pain, sit down while you wait for an ambulance. Make Sure the Driver Is Okay While you may be understandably focused on your injuries, you should also pay regard to the driver of the car that hit you. It’s possible that after hitting you, they lost further control and hit another driver or object. If there are witnesses, they will likely call 911 right away. If there’s no one else around and you are able to do so, you should call the police and medical services yourself. File a Police Report The police should arrive on the scene promptly. When they do, it’s crucial that you tell them exactly what occurred to the best of your ability. Tell them what you were doing, where you were going, and what happened before, during, and after the point of impact. If there is any element you’re unclear about, don’t try to guess or lie. Instead, tell them that you are uncertain. They will also consult with the driver, and hopefully be able to fill in the gaps. Exchange Insurance Information In order to be properly compensated, you need to file an insurance report. The...
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How Premises Liability Applies to Home Renters

What is the responsibility of a renter, how is it different than the responsibilities of the landlord or property owner? It can be confusing to figure out if you have any responsibility at all for incidents on the property if it is not technically “your” property. If there is an accident on the property where you live, you should understand your role in premises liability and how your rights as a renter are affected. The principle of premises liability states that property owners are responsible for maintaining the safety of the property for anybody that enters the land. If they fail to do so and that results in someone sustaining injuries because of the owner’s negligence, a victim may be able to sue for compensation for any damages suffered.   Property Owner Liability This applies to the tenants that the property owner leases to as well. The landlord has a legal obligation to maintain the safe conditions of the home and to take care of any conditions that may be considered unsafe. There can be major legal repercussions if the landlord fails to do so. However, the tenant does have some legal responsibilities. A landlord is responsible for conditions resulting from major neglect such as rotting walls or a crumbling foundation, but a tenant must maintain basic safe conditions like eliminating tripping hazards or maintaining cleanliness of the property. Any hazards a tenant causes is their responsibility as well, so they can be held liable if they fail to uphold those responsibilities. The lease agreement may also hold clues to your amount of liability as a renter. Usually there will be a list of specific duties each party (landlord and renter) will be responsible for the duration of the lease. Make sure to be aware of the details of the lease before agreeing to them. Even as a renter, you may be liable for accidents on the property and face major repercussions.   Hire Legal Counsel The concept of premises liability seems simple to explain but the execution can be complicated in practice. Especially if you are a renter on a property and a situation occurs that you don’t know if you are liable for, you must contact a personal injury lawyer at once. They can explain your role in premises liability and if you are going to be held responsible for someone’s injuries. The specific laws of your...
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What to Know About Workers Compensation Claims

For those currently receiving workers compensation benefits or plan to file a claim soon, it may be useful to find out as much information as you can about your rights and the factors of qualification. Even if you trust your employer to handle your claim with care, mistakes and misjudgements can be made. Know your rights as an injured worker so you feel more empowered to speak up, especially if you do not receive an adequate amount to cover medical costs or treatments.   What is Workers Compensation? Your employer is required by law to pay you for any work-related illness or injury. You could get hurt due to a single event, or frequent exposures while working. For example, in one incident you can hurt your back or through repeated exposure hurt your wrist due to motion repetition.   How Exactly Does Workers Compensation Work? An insurance for workers compensation can provide five standard benefits: Medical Care: paid by your employer to assist with recovering from an illness or injury due to work. Temporary Disability: these are payments awarded for lost wages due to your injury preventing you from performing usual job tasks while in the process of healing or recuperating. Permanent Disability: payments awarded to employee who is not likely to recover completely from the illness or injury. Supplemental Job Displacement: vouchers that assist in payment for skill enhancement or retraining if you are not able to recover entirely, and will not be returning to the same employer. Death Event: payments made to your family and dependants if you pass away from a job related illness or injury. How Long Does it Take to Receive Workers Compensation Benefits? Typically, if your claim is approved you can receive your first check within two weeks after your injury notification was given to your employer. If you do not get your benefit amount in a prompt time frame, you can be entitled to an increase of 10% for delayed payments. An insurance company can perform this task automatically, however it may be a good idea to request in writing to confirm you are being paid for the delay.   How Can I Avoid Getting Hurt While at Work? Depending on your state, employers are required to offer a prevention of illness and/or injury program to their employees. The program can encompass worker training, inspections and procedures for reporting unsafe conditions. If...
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Should You Visit a Chiropractor After a Car Accident?

If you or a loved one has been injured in a car crash and has long term physical injuries because of it, you are probably wondering if you can file a lawsuit against the guilty party. The answer to this question is yes. Car accident injuries can impact an individual’s quality of life, so you should definitely consider seeking out a personal injury attorney’s help. At your initial visit to the chiropractor, like a physical therapist Rockville MD relies on, they will most likely perform a full physical exam on you to find what exactly is causing you pain. It is a typical part of chiropractic practice to search for the cause of the pain before they try to treat the injured area. They will look at your entire body to determine if your pain is starting from an injury sustained from the accident, or another injury altogether. Some techniques that they will use typically include looking at various areas of your back, or even using motion and pushing on joints to help get rid of some of the pain from your injury. A chiropractor will have suggestions for you to help fix your injury. Because chiropractors rarely use medicine in their practices, you will not have to pay extra for that and be healed naturally through movement. After you and your chiropractor have figured out to better pinpoint your injuries, you should begin to think about whether you would like to pursue a lawsuit or not against the guilty party. You may want to consider pursuing a lawsuit if the insurance company will not come to an agreement with you on a settlement. Speaking with a lawyer is the smart move. After you speak with a personal injury lawyer, he or she will help you through processing a personal injury claim. A car accident is always unexpected and can leave you to shoulder the burden of unplanned medical expenses and lost wages from being out of work. Compensation can vary in your case based on the seriousness of the injuries you sustained in the accident. After you have had an attorney assess your case, he or she will be able to make a clear determination about if they believe you have a valid and sound case. A chiropractor will also write up a document that tells who was at fault for the accident based on your injuries. A...
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