Taking Legal Action for a Wrongful Death

Posted by jmr on Oct 24, 2018 in Uncategorized | 0 comments  Experienced Lawyer Wrongful death can happen when someone passes away due to the negligence or misconduct of another person or entity. During this time, the surviving family grieving the loss of their loved one may consider seeking justice for the incident from the party responsible. Finding out your family member’s passing was influenced by someone else can add anger to the healing process. Many relatives may to reach out to an attorney about fighting for retribution. In the article here, we have answered several questions about wrongful death cases. What are the most common reasons for wrongful death? Incidents of wrongful death can arise in many different settings. Understandably, the surviving family may have trouble coping with the news that their loved one was taken too soon. Wrongful death can happen immediately at the scene of an accident, or in the hospital by perishing to a complexity of injuries. Here are the most prevalent scenarios in which wrongful death can unfold: Medical malpractice or negligence committed by either the treating doctor or supportive medical staff (errors during surgery, oversight, misdiagnosis, incorrect medicine prescription). Car accidents (due to another careless driver or vehicle malfunctions). Nursing homes (death as a result of abuse, neglect or medical mistakes). Construction sites (workers falling off scaffolds, cave-in of trenches or defective machinery). Faulty products (with misleading information, lack of warning labels or poor quality production). What does it mean if someone files a wrongful death action? Wrongful death actions are typically filed on behalf of surviving relatives or heirs of the deceased. Loved ones may be able to receive compensation for their loss of companionship, love, pain and suffering prior to death, loss of financial support and more. Every state may have its own set of laws regarding which family members are permitted to take such legal action. Can it be considered wrongful death if an unborn baby dies? If a fetus passes away either during pregnancy or delivery, whether it qualifies as a wrongful death case depends on the state you live in. Many states do require that a baby be born alive first, for the passing to be actionable. What is the difference between civil and criminal cases for wrongful death? Wrongful death cases are held in civil court, where the family is usually seeking financial compensation for their loved one’s passing. In a criminal case regarding the same incident, the offender...
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Can I File Criminal Charges Against Someone Who Hit My Car?

Posted by jmr on Oct 23, 2018 in Uncategorized | 0 comments Experienced Lawyer If your car has been hit by another car, under normal circumstances, the accident falls under civil incidents. There is, however, some situation that could be considered as criminal where you will be able to file the relevant charges against the offending driver. Here we will discuss what constitutes a civil case and what constitutes a criminal case as far as car accidents are concerned. Once you have the facts sorted out, you will have a better idea on how to proceed if you ever find yourself in that situation. Car accidents that come under civil incidents If a driver hits your car, he or she is supposed to stop and follow certain steps in keeping with the correct protocol. Contact information needs to be exchanged as well as information regarding insurance. Regardless of whether or not you have been hurt when their car hit yours, according to the law, it is the other driver’s duty to stop. If the driver who hit your car follows all the steps that they are supposed to, then the accident can come under a civil case. There are a few exceptions to this rule however and we will detail them further under car accidents that come under criminal incidents. Car accidents that come under criminal incidents Under these circumstances you might be legally entitled to file criminal charges against a driver who has hit your car: Driving under the influence (DUI): In the case of a DUI even if the other driver does stop to exchange information, they are liable for criminal charges. In all 50 states of the US, DUI is against the law. It is illegal to drive with blood alcohol levels of 0.08% or more. Finally whether or not you can file criminal charges against the driver will depend on your particular situation. If it is the first offense and the damage is not extensive, the case might not qualify for criminal charges. Repeat offenses and severe damage or death will be taken more seriously. Hit and Run: In hit-and-runs, the diver hits your car and keeps going. As already mentioned the driver is supposed to stop after hitting another car or individual. The extent of the charges again will depend on what kinds of damage was caused, if there were any serious injuries or death, and if this was a repeat offense. Reckless driving: Accidents caused...
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Mesothelioma Risk from September 11th

Posted by jmr on Oct 16, 2018 in Uncategorized | 0 comments Experienced Lawyer Mesothelioma is a rare type of cancer that is found in the lining of the heart, lungs, or abdomen. The only known cause of Mesothelioma is asbestos. Symptoms of Mesothelioma can take as long as 10 to 60 years to show. If you or a loved one have developed Mesothelioma, a lawyer can help build a case to seek compensation from being exposed to asbestos. And an asbestos abatement contractor Los Angeles, CA trusts can take care of removing the asbestos in your home. September 11th Asbestos Exposure After the collapse of the World Trade Centers in 2001, Manhattan was covered with a cloud of dust and debris. This cloud of dust and debris was full of different toxins, including: lead, mercury, and asbestos. The World Trade Centers were said to have approximately 400 tons of asbestos in the insulation, drywall, and steel. This means when the towers collapsed, a large amount of the asbestos from the buildings was spread into the air. The Environmental Protection Agency has stated that any exposure to asbestos is dangerous. Typically, Mesothelioma takes many years to show symptoms, but there has already been multiple casualties from the disease linked to September 11th. Because of how much asbestos was in the air, the following groups of people were at risk for developing Mesothelioma: First Responders Construction and Cleanup Workers Survivors Residents of Manhattan First Responders In general, First Responders have a high chance of developing Mesothelioma due to the nature of their career. First Responders are frequently running into buildings where asbestos materials were used and therefore, asbestos is in the air. Their protective gear is created to keep harmful particles out of their airways, however, there is a high risk present with how often they are exposed. On September 11th, the First Responders were subjected to large amounts of asbestos for long periods of time. Construction and Cleanup Workers Construction and Cleanup Workers were exposed to the dust and debris throughout the entire reconstruction period. While they were also wearing protective gear, the sheer amount of toxins in the air has been of concern to many doctors and researchers. Survivors The survivors of September 11th were incredibly lucky to survive the attack and collapse of the towers. However, many survivors breathed in high volumes of asbestos as soon as the buildings became damaged. Residents of Manhattan Asbestos can stay airborne for...
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