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Questions to Ask a Personal Injury Attorney

Personal Injury Attorney Dealing with a personal injury case can be exhausting and stressful. There are many things that you have to consider. From the mountain of paperwork to fill out to the calculation of damages, there are many elements of a case that you need to keep track of. You likely have many questions that you want to ask for a personal injury lawyer. They can address all of your concerns and explain the legal service that they can provide for you so that you can recover compensation for your injury.  How do I know if I have a case? To see if you have a valid personal injury case, a lawyer will assess your case. They will determine if the statute of limitations has not passed so that you can file a claim. As a personal injury attorney like one from the Ward & Ward Law Firm can explain, they will do a thorough evaluation of your case to see what damages you may be eligible to recover.  What damages can I claim? You could be eligible to recover a number of damages for your case. You can claim medical expenses, lost wages, property damage, emotional anguish, and pain and suffering. There may be many kinds of damages that you can recover, so allow a lawyer to determine them for you so that nothing will be left out.   What settlement amount should I expect to get? The settlement amount for personal injury cases varies widely depending on many different factors. The final amount you can recover depends on the severity of your injuries, the number of parties involved, your list of damages, and the type of insurance that you have. You will not be able to know the final amount until much later on.  Does my case need to go to trial?  Most personal injury cases do not go to trial. Only about 5% of personal injury cases do go to trial, so the chances are minimal. Personal injury cases might go to trial if there is no settlement agreement, or if the insurance company or party is not being cooperative.  A personal injury case can be complex, and with so many factors it can be hard to build a case on your own. A qualified lawyer like one from the Ward & Ward Law Firm can assist you. Schedule a risk-free consultation with a trusted personal...
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How a Wrongful Death Lawsuit Works 

Wrongful Death Lawyer A wrongful death claim is when a defendant who causes someone’s death, either through negligence or as a result of intentional action, is held accountable for their actions. A wrongful death claim allows those close to the deceased person to file a lawsuit against the party who is legally liable for the death. Each state’s wrongful death lawsuit very. These kinds of lawsuits are usually filed by a representative of the deceased person’s estate on behalf of the surviving family members affected by the death. When is a Wrongful Death Claim Applicable?  Wrongful death claims can arise after situations in which the victim who would otherwise have a valid personal injury claim is killed because of someone’s negligence or intentional action. Some of the most common occurrences are as follows: When the victim is intentionally killed When the victim dies as a result of medical malpractice When a car accident also fatality involving negligence These are just a few examples of a personal injury case that would turn into a wrongful death claim because the victim has passed. When it comes to a wrongful death, the claim can stem from almost any kind of personal injury situation, but one notable exception makes this for work injuries because they are typically handled by the worker’s compensation system. What Must Be Proven?  In order for someone to be held liable in a wrongful claim, the plaintiff must meet the same burden of proof that the victim would have had to meet had the victim lived. An example of this would be medical malpractice in which the defendant breached their duty to care for the patient and that breach because the patient to never recover and eventually pass. This and be a difficult thing to prove and that is why working with a wrongful death lawyer is often in your best interest. A lawyer can help you piece together your case and gather all the information that is needed to make sure you have the most favorable outcome. This means they can put together a list of the damages and what the defendant would be liable for.  Wrongful Death Damages  Some of the damages and the wrongful death claim could include the following:  The medical treatment costs that the deceased victim incurred as a result of the injury prior to death Funeral and burial costs or cremation costs Loss...
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Common Nursing Problems

Nursing Home Injury Lawyer Standing operating procedures in nursing homes are going to be substandard at best compared to the Nursing Home Reform Law which is a federal regulation applying to nursing homes that are certified to accept payments from anything that are federally funded such as Medicare and Medicaid. Roughly 95% of all nursing homes are equipped to take Medicare and Medicaid in the patients that come with Medicare and Medicaid. But they may be performing in a substandard level of performance, and residents and their families might not be aware of their rights under this law or they may know nothing of this law, which resulted in them putting their family members and loved ones into a nursing home as substandard care according to the law. Let’s dive right in the sum, nursing home problems and how these can lead to injuries and why you might need a nursing home lawyer. An Overview of the Issues You Might Find in a Nursing Home: discrimination against Medicaid beneficiaries; family and resident rights regarding development of care plans; honoring residents’ preferences; providing necessary services; use of physical restraints; use of behavior-modifying medication; use of feeding tubes visiting hours; “responsible party” provisions in admissions procedures; arbitration agreements; Medicare eligibility determinations; continuation of therapy when resident is not progressing; continuation of therapy after Medicare payment ends; continuation of residence in Medicare-certified bed, after Medicare payment ends; availability of Medicaid-certified beds; readmission from hospital; supplemental charges; resident and family councils; evictions; and refusal of medical treatment. Nursing home facilities are there to care for your elderly loved ones over a certain age or with certain dementia based disorders you can no longer care for themselves, and require more care that you can provide them at home such as 24 hour medical care. There are many lists of abuses and substandard care centers in the nursing home, but here are some of the most common issues that can happen and how these can lead to injuries. If you are noticing that your loved one has had sores which are skin ulcers that can go down to the bone if they are untreated, you need to look into the staffing of the nursing home your loved one is in, you need to ask about the staff’s training and whether they are properly trained, and you need to make sure that your loved one is...
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Can Someone Be At-Fault for a Collision on Icy Roads

Car Accident Lawyer The winter months are dangerous for drivers; sheets of ice, inclement weather, and snow all come together to make driving conditions less than ideal. It is common for the number of accidents to increase when cold weather sets in. If a car spins out on the ice or loses control, is it the driver’s fault? Can someone be held accountable for a collision if the ice was the cause? Yes, it is. Driving conditions are no excuse for lack of control. Personal Responsibility When you receive your driver’s license, you enter into a public agreement. The agreement you make is about personal responsibility. You have acknowledged an understanding of the law, and you have shown mastery over a vehicle.  Part of driving and mastery is the assessment of road conditions. Before you decide to get behind the wheel, you need to assess the weather and, in some minor way, perform a cost-benefit analysis against driving.  When you decide to travel the icy roads, you are making a conscious decision that your errands are worth the risks of travel. You are making a statement that you are capable of managing your vehicle safely in less-than-safe conditions. Therefore, you are taking on the responsibility of maneuvering your vehicle through the streets without incident. Unknown Variables Some motorists will argue that they had no way of knowing how icy the roads would be, but this is not an accurate or effective argument in most situations. If you are traveling the roadways after snow, sleet, or rain with freezing temperatures, it is fair to assume you might come into contact with ice.  While a motorist might expect the city to salt the roadways, that is an element outside their control. Therefore, when presented with the facts of the day — cold, snow, rain, sleet — ice is a natural assumption.  Taking a vehicle out despite the awareness for potential ice means the driver acknowledges and accepts the risks. Therefore, if a collision occurs because they hit a patch of ice, it results from their decision-making and not some unknown factor, meaning they can be held accountable for a crash. Obviously, there might be room for other variables that might negate the level of responsibility, but that is for the police and lawyers to decide. If you are considering taking your claim to court, contact a car accident lawyer, like Ward...
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Breach of Warranty Claims in Product Liability Lawsuits 

A product warranty is a guarantee a seller makes that a particular product will perform in a certain way or will live up to a specific standard. When that product fails to perform in accordance with the warranty or to meet the standard set by the warranty and a plaintiff is injured by this failure, they may sue for breach of warranty. There are three kinds of warranties: express warranties, the implied warranty of merchantability, and the implied warranty of fitness.  Express warranties are made by the seller, whereas implied warranties are imposed by the Uniform Commercial Code, which governs the sale of goods. All product manufacturers must sell goods that perform as they are expected to perform and that satisfy general quality standards. State laws determine how long after an injury a consumer may sue for breach of an implied warranty, so you need to check your state’s laws if you are considering suing a manufacturer for breach of warranty.   Express Warranty An express warranty is a specific guarantee made by the seller about the product. An express warranty is usually set forth in a sales contract, but also might be contained in a seller’s oral representations that a product will perform in a specific manner. A sales contract can be used as evidence of an express warranty in a breach of warranty lawsuit. The Uniform Commercial Code, which governs the sale of goods, allows a seller to exclude all express warranties. For example, if you buy a washing machine and the seller promises you that it will work without needing repair for five years and the washing machine breaks after three years, the seller has breached an express warranty.  Implied Warranty of Merchantability The implied warranty of merchantability is a guarantee that the product does not contain a design, manufacturing, or warning defect. Every product contains an implied warranty of merchantability by virtue of the seller holding it out for sale. The seller thus makes an implied promise that the product is fit for the purpose for which it is sold. If a product is defective and thus not fit for its purpose, an injured plaintiff can sue for breach of the implied warranty of merchantability in addition to their claims for design, manufacturing, or warning defect. For example, if your washing machine leaks and doesn’t properly wash clothes, you may be able to sue the manufacturer...
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