Criteria for a Filing a Wrongful Death Claim

Posted by on Jan 27, 2017 in Wrongful Death | 0 comments

Criteria for a Filing a Wrongful Death Claim

Thousands of medical malpractice lawsuits, where doctors, nurses, hospital personnel and or a hospital itself is named as defendant, are filed in courts all across the U.S. every year. Specific basis of lawsuits vary, but their common factor is gross negligence. To name a few of the specific basis of these lawsuits, there are:

  • Bypass on Wrong Artery;
  • Heart Surgery on Wrong Patient;
  • A Surgeon Drilling a Hole on the Wrong Side of a patient’s Head;
  • A seventeen year old girl dying after a heart and lung transplant due to incompatible blood type of donor;
  • A man remaining conscious during exploratory surgery;
  • A fertility clinic confusing DNA resulting to a woman being impregnated with the sperm not of her husband’s but of a complete stranger;
  • Misdiagnosis; and,
  • Wrongful death due to delayed treatment (a most frequent case in hospital emergency departments)

One well- known court case that intends to prove gross negligence and, thus, the liability of doctors, nurses and other hospital personnel is the case of Ms. Esmin Green, who died on an emergency room floor after being left unattended for about 24 hours. Despite hospital guards seeing Ms. Green lying (with her face down) on the floor after she collapsed, no one did anything to help her.

In the event of unexpected or wrongful death of a person due either to the willful misconduct or negligence of another., family members or dependents (legally called“real parties in interest”) of the deceased can pursue legal action against the liable party through the filing a wrongful death lawsuit. This special kind of personal injury lawsuit is for the benefit of the “real parties in interest”; it will enable them to seek compensation for whatever pecuniary, or financial, damages they may suffer, including loss of financial support due to the death of the victim, loss of the dead victim’s services, medical and funeral expenses, and lost prospect of inheritance.

While “real parties in interest,” would unquestionably point to the victim’s own family (husband/wife and children) or parents (if the victim is not yet married), some states also recognize certain individuals, who may be considered as among these “real parties in interest.” Recognized in some states include:

Financial dependents, like a life partner (who is financially dependent on the deceased) or a putative spouse (a person who, in all sincerity, believes that he/she and the deceased were married):

Distant family members, such as grandparents and siblings; and,

Any person who is financially affected and made to suffer because of the death of the victim; this is actually due to the loss of care or support resulting from the victim’s untimely death;

In its website, the Mokaram Law Firm says that, besides medical malpractice, wrongful death may also be due to automobile accidents, criminal behavior or workplace accidents. For a wrongful death claim to be filed, however, the following criteria will have to be met:

The death was the direct result of some other person’s negligent or criminal actions; and,
The surviving family has suffered monetary damage.

A wrongful death lawsuit can only be filed by the affected family’s personal representative. The damages that may be considered compensable, the requirements or conditions to be recognized as a qualified plaintiff, and the statutory limit for the filing of the suit, may differ from one state to another. Due to the differences in state requirements, plus the complexity of the tort law, it may be best for the “real parties in interest” to get in touch with a highly- qualified personal injury lawyer.

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An Overview Of The Balayage Styling Technique

Posted by on Dec 6, 2016 in Balayage Hairstyle | 0 comments

Hair styles come and go but one technique that has stood the test of time is balayage. It has been around for a while but remains one of the most popular hair coloring techniques. Balayage is a French word which means “to sweep” or “to paint.” Developed in the 1970s, balayage is a free hand technique wherein color is applied by hand in place of the foiling or cap highlighting techniques.

A balayage expert will tell you that the popularity of this technique stems from the fact that it only requires low maintenance usually every 8-12 weeks thus saving you time and money. It offers versatility as it can be made soft or strong depending on your preference. With balayage, you can achieve different hair effects from something soft and natural to one that is strong and punky. This technique is ideal for those who do not have time to go to the salon every few weeks.

It is worth noting, however, that the balayage style is not for everyone. Although it is best for women with natural hair, there are many techniques that a stylist will use to create the balayage look. It will all depend on the hair type and your color history. Aside from being low maintenance, balayage gives you a more natural and modern style of hair. Balayage is safe for pregnant women and those who are allergiv to hair color.

Balayage is applied on the surface and not saturated through the section until the very tips. The color placed suits the tone of your skin which can help light up your feature. At the end of the day, it can make you look fashionable and confident about your appearance. The downside of a balayage that was not done correctly is a hair with excessive overlapping and damage.

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Are Young Drivers Liabilities on the Road?

Posted by on Nov 3, 2016 in Auto Accidents | 0 comments

Every year, the National Highway Traffic Safety Administration (NHTSA) records more than five million car crashes; more than 30,000 of these are fatal, while more than two million result either to minor or serious injuries. Besides fatality rate, the NHTSA-created Fatality Analysis Reporting System (FARS) and the Centers for Disease Control and Prevention (CDC), also have records that show the following:

  1. Between 1899 and 2012 there were 3,551,332 fatal motor vehicle accidents;
  2. In 2010, about 5,419,000 crashes resulted to 32,999 deaths and 2,239,000 injuries;
  3. In 2011, motor vehicle accidents killed 32,479 individuals, the lowest number of fatal motor vehicle accidents since 1949;
  4. In 2012, fatal crashes involving distracted drivers killed 3,328 individuals (this was 32 less individuals compared to the 3,360 deaths in 2011. The number of injuries increased, though, from 387,000 in 2011 to 421,000 in 2012;
  5. In 2013, 10,076 individuals were killed in motor vehicle accidents due to alcohol-impaired driving; and,
  6. 90% of all road accidents are due to bad driving behavior, some of which are drunk-driving, reckless driving, speeding, especially while under the influence of alcohol, driving through a red light, changing lanes without signaling, and using a cellphone while driving.

The International Organization for Road Accident Prevention believes that road danger is nothing more than a man-made crisis and that it is a totally preventable occurrence resulting from negligence. One very sad and alarming fact, however, which records consistently show, is that offenders in road crashes, especially fatal ones, are mostly young drivers, those aged between 16 and 34 (teens aged 16 to 19 are three times more likely to be involved in fatal car crashes than those over the age of 20 though).

The inexperience and immaturity on the road of young drivers, as well as their inclination to take risks, are creating results that are far beyond what they presume. Acts of recklessness, which so many drivers have been guilty of, but which young drivers are so much more prone to commit include:

  1. Overspeeding;
  2. Driving too fast for conditions;
  3. Tailgating (which is actually a sign of aggressive driving behavior);
  4. Running a red light or a stop sign;
  5. Improper lane changing;
  6. Improper turning;
  7. Improper overtaking or unsafe passing (which can result to a vehicle running off the road, sideswiping another motorist, and head-on collision);
  8. Getting distracted while behind the wheel (this can be due to use of use electronic devices, especially a cell phone, adjusting the radio or turning its volume to full blast, looking at a map, eating, etc.);
  9. Conversing with a passenger; and,
  10. Driving while under the influence of alcohol, illegal drugs or both (despite the federal’s and state’s zero tolerance laws, which strictly prohibit any level of alcohol in the blood of those under the age of 21, records from the NHTSA show that 33% of the teens who died in fatal collisions were actually intoxicated)

As explained by Wausau car accident lawyers, the aftermath of an auto accident can involve a range of frustrations, such as insurance paperwork, auto repairs, medical treatment, and lost time at work, besides physical trauma and suffering, which may even have life-changing effects. When an accident occurs, more so if it is due to the reckless actions of another party, the victim has the right to pursue financial compensation for all damages that will result from his/her injury. Getting assistance from an auto accident attorney, who is fully aware of the intricacies associated with this area of law, can be advantageous for the victim.

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Semi-Truck Drivers Getting Drunk on the Road

Posted by on Aug 18, 2016 in Drunk Driving, Truck Accidents | 0 comments

Compared to a light pickup or any other form of vehicle, an 18-wheeler, also called semi-truck, big rig or tractor-trailer, that is running at 65 mph will require about 525 feet before coming to a full stop (that is 209 feet longer that the distance required by a light pick-up truck). Due to its size and weight, it will also require a different type of braking system and a different set of tires.

A semi-truck weighs about 80,000 lbs., making it 20-30 times heavier than a passenger car. While this weight can make this type of vehicle incredibly tough in road crashes, the same feature is source of great disadvantage where braking or coming to a full stop is the issue.

A semi-trailer’s length and weight make it necessary that it be operated only by a licensed commercial vehicle driver who, it is supposed, has received proper trainer, has developed the required skills and has passed the tests required by the Federal Motor Carrier Safety Administration (FMCSA). Despite qualification, though, once on the road, many semi-truck drivers lay aside the rules on safety driving in order to complete a job as fast as they can and get the chance to do another – all for a higher take home pay.

What this means, however, is longer time on the road, little time of rest between driving duties and, at times, taking drugs or drinking alcohol during stops. The blood alcohol concentration (BAC) limit for for truck drivers, by the way, 0.04% (lower than the 0.08% limit for drivers of passenger cars). Semi-truck drivers operating their truck despite a 0.04% BAC can result to DUI, while if caught with a 0.02%BAC, they can be suspended from operating their truck for a total of 24 hours.

As affirmed by the law firm Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., many truck drivers and trucking companies do everything they can to stay safe on the roadway. The sad reality, though, is that not everyone exercises this level of caution, putting unsuspecting motorists in harm’s way. Drivers forced to exceed the set hours of service restrictions, drivers who abuse alcohol and/or amphetamines while behind the wheel, or drivers / companies that fail to keep their trucks in good working order regularly expose everyone on the road to serious risks. Truck drivers and/or trucking companies that are at fault should be made to face the law for their reckless behavior. With this is their legal responsibility in compensating innocent victims who have suffered injuries because of their irresponsible acts.

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Cost Of Assisted Living Facilities

Posted by on Apr 18, 2016 in Elder Issues | 0 comments

As the numbers of seniors increase each year, many adult children are looking into other options of caring from their parents without spending too much. In the United States the cost of elder care can be considerably expensive, so in order to ensure that you will be able to find a good assisted living facility without having to cost you an arm and a leg, there is a way that SeniorAdvice.com suggest you can look into.

Consider long-term care insurance or LTCI. This type of insurance is effective in covering for costs that are not included in a private insurance plan. This can significantly lessen the impact of health care needs, and since majority of companies refuse insurance to people with preexistent health issues it is ideal to purchase one before any health problems begin. One way that a senior can get a long-term insurance care is by converting their life insurance policy to a long term benefit plan before the insurance plan expires or is surrendered. Any active life insurance policy that have a death benefit amounting between US$ 50,000 and US$ 1,000,000 is convertible to a long-term benefit plan that would immediately be open to cover for any senior care needs.

This particular financial alternative is great for seniors because it offers a number of benefits, namely immediate payment for health care needs, zero cost for application and no limitations on care, no premium fees, no waiting period, and no obligations to be terminally ill since all health conditions are recognized. Those who have LTCI are legally allowed to switch their in-force insurance policy in order to enroll for the benefit plan and will be eligible to order tax-exempt payments to pay for their housing and health care expenses.

The majority of Americans are not aware that their Medicare is not a comprehensive health care insurance for seniors over 65 years old and it will not be covering for the cost of their long-term care. Alternatives such as mentioned above is just among the ways that seniors can pay for their health care costs, especially if they are considering moving into an assisted living facility.

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