Car Accidents are Common in Los Angeles--Good Personal Injury Lawyers Aren't

Every year tens of thousands of California and Los Angeles vehicle drivers are involved in a car accident resulting in injuries to themselves or others. A high percentage of these accidents result in personal injuries. If you have suffered a personal injury you may be entitled to compensation for your injuries. Personal injury cases can become very complicated.

In all automobile accident cases it is essential that steps be taken immediately to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. Therefore, is important to choose an experienced personal injury attorney in pursuing a claim to recover for your personal injuries.

Traffic Accidents in Los Angeles and Orange County are the most common types of personal injury cases. Cases involving personal injury resulting from accidents are litigated under the principles of negligence, (link to negligence) unless the state has determined to do away with fault as an issue. The injured plaintiff is required to prove that someone was negligent, that the negligence caused the accident, and that the accident caused the plaintiff’s injuries. In some cases your gut feeling may tell you that the other driver, cyclist, or pedestrian acted carelessly, but not what rules they violated.

Types of Car Accident Injuries

Side-impact injuries

A side-impact injury occurs as a result of another vehicle barreling into you from the side. It is the deadliest form of car accidents leaving 10,000 persons dead each year. In a head-on collision you are protected by several feet of steel, engine, and bumper. A side-impact accident leaves only a few inches of door and some window glass between you and the other vehicle.

Every vehicle on the road is required to pass the government implemented side-impact standards. Many people feel these standards are outdated. The government tests have been criticized for failing to test head standards in all vehicles. It uses a dummy representing an average size male that doesn’t register head injuries, and its test only looks at what happens when similar size vehicles collide.I was a passenger involved in a car accident and I suffered injuries, can I get recovery for my personal-injury damages?

Passenger Injuries

If you were a passenger in a vehicle involved in an accident, and if you have sustained injury as a result, you are entitled to receive compensation for your injuries. As a passenger, you have a claim against both the driver of the vehicle in which you were riding as well as the drivers of any other vehicles (or any other negligent party) involved in the collision. As a passenger you generally cannot be considered to be at fault or partially at fault for causing an accident unless you do something to cause the accident such as distract the driver.

Paraplegia

Paraplegia is a type of paralysis which affects both the legs and the trunk. Persons affect by paraplegia have no movement in their legs, and are often limited or have no movement in their torso. Paraplegia results from spinal cord injury. (Link to Spinal Cord Injury) Many accident victims are paraplegic as a result of unsafe or defective vehicles.

Paraplegia interrupts sensory messages to the brain so that the affected individual cannot "feel" their affected body parts, and are generally insensitive to pain or heat. As a result, a victim’s health and safety is jeopardized because of this inability to differentiate pain. Some victims have damaged nerves resulting in phantom pain and heat sensations. Paraplegia significantly impacts the patient's quality of life by affecting sexual drive, digestive capabilities, bladder control and shortened life expectancy.

Car accidents have often caused the major trauma (link to traumatic brain injury) that result in paraplegia. Vehicles such as SUV's are prone to roll over and do not have adequate roof structure. As a result, the roof crushes and caves in causing spinal cord injuries. Fortunately, there are steps to be taken to reduce such injuries including paraplegia. There are step that auto manufacturers should take to ensure that vehicles are safe and have the best airbags, seatbelts to prevent ejection, sound vehicle design and roof stability

Spinal Injuries

Although the spinal cord is only 18 inches long, and is made up of tiny, delicate nerve cells, a spinal cord injury (SCI) can be a traumatic and devastating injury resulting in a lifetime of pain, suffering and huge medical expenses. At the California Attorney Group, we know how devastating these injuries can be.

An SCI typically involves some type of trauma to the nerve cells that form the spinal cord. As the spinal cord carries messages from the brain to various parts of the body to control functions such as movement, breathing, speaking, and other critical body functions, an injury to the spinal cord disrupts this communication, leading to the impairment of the body's sensory, motor and involuntary reflex functions. Depending upon the nature and extent of the SCI, these disruptions can lead to two devastating conditions: paraplegia (paralysis of the lower portions of the body) or quadriplegia (paralysis of the upper and lower parts of the body).

The principal causes of SCI are automobile accidents [link to Car Accidents, slip and falls [link to Slip and Falls], acts of violence, sports-related injuries, injuries at work, and other incidents that cause injury or compression to the nerve cells of the spinal cord. Approximately 250,000 Americans currently suffer from some form of SCI, and there are about 11,000 new cases annually.

The costs related to SCI can be staggering. More than half of all spinal cord injuries result in quadriplegia, resulting in an average hospital stay of 95 days and approximately $140,000 in medical expenses. For individuals who sustain SCI at the age of 25, the average lifetime medical costs for quadriplegia is $1.35 million. And these figure does not take into account the physical and emotional suffering of the victims, the loss of wages and other income, and the financial and emotional burdens that SCI places on the victims’ care givers, who are more often than not close family members of the victim.

Moreover, if you are in a car accident, you could have injuries such as Brain Injuries and Spinal Injuries. It is important for your attorney to understand the possibility of theses injuries and not overlook them. Many unscrupulous attorney’s will push to settle their personal injury cases as quickly as possible to generate revenue for themselves. They will overlook symptoms such as simple headaches which could be an indication of a brain injury. {link to brain injury] A poorly timed or crafted settlement can leave you liable for thousands of dollars in medical bills. Our goal at California Attorney Group is to make you whole. This means our first goal is to assure the medical fitness of our clients and settlement of our cases second.

Brain Injuries

Most often brain injuries are caused by serious vehicle accidents, drastic falls, bus or train accidents, amongst other sever accidents. Every 15 seconds someone suffers a brain injury. The impact of a brain injury on someone's life can be devastating, but a brain injury attorney can help lessen the strain the brain injury has caused by recovering damages the brain injury patient is entitled to. Of all the injuries that an individual can suffer, brain related injuries are among the most frightening and the most deadly. At California Attorney Group, we can handle brain injury cases, and we know how traumatic they can be.

There are several different types of traumatic injuries that can damage the brain. A skull fracture occurs when the bone of the skull cracks or breaks. A depressed skull fracture occurs when pieces of the broken skull press into the tissue of the brain. This can cause bruising of the brain tissue, called a contusion. A contusion can also occur in response to shaking of the brain within the confines of the skull. Damage to a major blood vessel within the head can cause a hematoma, or heavy bleeding into or around the brain.

Traumatic Brain Injury

Traumatic brain injury, commonly referred to as TBI is sudden physical damage to the brain. The damage may be caused by the head forcefully hitting an object, such as hitting the wheel, window or dashboard of car (closed head injury) or by something passing through the skull and piercing the brain, such as a bullet or a knife (penetrating head injury). A closed head injury can also be experienced when the brain undergoes severe shaking or twisting, such as whiplash.

The common symptoms among adults are:

low-grade headaches or neck pain that won't go away
having more trouble than usual with mental tasks (e.g., remembering, concentrating, making decisions)
slowness in thinking, speaking, acting, or reading
getting lost or easily confused
feeling tired all the time, lacking energy or motivation
changes in sleeping patterns (sleeping a lot more or having a hard time sleeping) *
feeling light-headed or dizzy, losing your balance
increased sensitivity to sounds, light, or distractions
blurred vision, eyes that tire easily
loss of the sense of smell or taste
ringing in the ears
mood changes (e.g., feeling sad or angry for no reason)

Among children, the symptoms are:

listlessness or tiring easily
irritability or crankiness
changes in eating or sleeping patterns
changes in the way the child plays
changes in performance at school
lack of interest in favorite toys or activities
loss of new skills, such as toilet training
loss of balance, unsteady walking

Brain injuries can result from a number of different causes, with the leading causes being motor vehicle crashes, slips and falls, sports-related injuries strokes, anoxia, tumors, viral infections, degenerative diseases, near drowning, and other conditions not involving external force. Approximately 1 million Americans are treated and released from hospital emergency rooms each year as a result of TBI, and an estimated 5.3 million Americans are living today with some form of TBI-related disability.

Moreover, if you are in a car accident, you could have injuries such as Brain Injuries and Spinal Injuries. It is important for your attorney to understand the possibility of theses injuries and not overlook them. Many unscrupulous attorney’s will push to settle their personal injury cases as quickly as possible to generate revenue for themselves. They will overlook symptoms such as simple headaches which could be an indication of a brain injury. A poorly timed or crafted settlement can leave you liable for thousands of dollars in medical bills. Our goal at California Attorney Group is to make you whole. This means our first goal is to assure the medical fitness of our clients and settlement of our cases second.

Michael E. Williams is the Chief Marketing Officer for California Attorney Group. Mr. Williams leads the Firm’s Marketing Department and serves as a consultant to the Firm’s management, practice leaders and partners focusing on business planning and new business development. He has successfully integrated marketing and business development systems, programs and behaviors into the Firm's culture and operations. For more information, visit http://www.californiaattorneygroup.com

Article Source: expert=Michael_Eric_Williams

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Common Questions About Car Accident Claims

Q: Do I have to be a U.S. citizen to make an insurance claim? A: No. U.S. citizenship is not a pre-requisite to making an insurance claim, even if you are not here legally.

Q: How long do I have to file a lawsuit? A: Each state varies. In many states, you only have two years from the date of accident; minors usually have more time (they have until they are 20 years old in the state of Nevada, for example). It is critical to check with an attorney to make sure you know the right time limit for your case. Failure to file in time will forever bar your case and your recovery.

Q: What is the minimum automobile coverage I must carry in my state? A: In many states you have to carry a minimum of $15,000 per person $30,000 per occurrence liability coverage. However, I recommend you carry more: med pay, UM/UIM, towing and car rental coverage. I believe you should carry at least a $50,000/$100,000 liability policy.You will be surprised how low the premiums are. Check with your insurance agent to compare prices. Don’t wait until you are in an accident before realize you needed more coverage. These rules are governed by each state. Some states are “no-fault” states, meaning you only insure yourself. Check with state officials or your insurance agent to determine the minimum coverages and the types of coverages you need to carry.

Q: If I am cited by police officer or trooper in an accident, can I still collect a settlement? A: If you are cited for an infraction that was not the cause of the accident, you may still make a insurance claim. If you are cited for factors that caused the accident, you may still collect a settlement if you are not the primary cause of the accident—that is, more than 50 percent at fault. This is true if you live in a comparative fault state (like Nevada). Some states are pure contributory states, and even if you are primarily at fault, you can still obtain a settlement. Again, check your state’s statutes.

Q: Does the insurance company have to pay for all of my medical bills? A: The insurance must pay only for the bills that are reasonable in charge, necessary to your recovery, and related to the accident. Also, they are not required to pay for more than they contracted with their insured. For example, a $15,000 policy means they only need to pay $15,000, even if the case is worth $60,000.

Q: What if the other driver does not have any insurance? Can I still collect? A: If the other driver has no insurance, it will be much more difficult to collect unless you live in a no-fault state. Sometimes DMV can require that person to post a bond with them or they can no longer have a driver’s license. If the at-fault party has money, you may still recover, but it will be harder. The best thing is to carry uninsured and undersinsured motorist coverage on your own policy and let your insurance company worry about that.

Q: Will using my own insurance increase my rates? A: No in some states (such as Nevada): if you are not at fault for an accident, your insurance company cannot raise your rates, cancel your coverage or fail to renew you. States like Nevada expressly prohibit this by statute.

Q: How long can I treat for my injuries? A: In most states, as long you need to. But there other considerations, including the amount of insurance coverage available and whether the treatment you are receiving is helping you get better.

Q: Do I have to hire an attorney to help me with my claim? A: No, any person can represent themselves, but there are many good reasons why you should. First consultations are usually free, so it usually does not cost any money to investigate whether you should retain an attorney.

Craig Perry is an attorney practicing law in the State of Nevada since 1989. He has handled thousands of cases and settled millions of dollars in personal injury and workers compensation claims. He does not charge a fee for first consultation. He has a bilingual office staff (Spanish) and he speaks Italian fluently.

Article Source:expert=Craig_Perry

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How to Avoid a Car Accident

Every year, thousands of people are involved in automobile accidents. In almost every accident, somebody acted negligently, and could have avoided the accident by exercising more caution.t

I have represented thousands of accident victims and seen over and over again common accident mistakes. Most of the time, only one person is at fault. Sometimes, more than one drive shares the blame.

The following suggestions are given to help you avoid causing or contributing to an accident. This is not a hypothetical list. This is a list gleaned from years of seeing thousands of situations occur in the lives of my clients.

Driving Under the Influence of Alcohol or a Controlled Substance. It’s never a good idea. Some of the worst accidents I’ve seen are caused by drunk drivers. Most people who consume alcohol do not think they are too impaired to driving. Alcohol impairs reaction time, and those fractions of seconds can make a difference in driving situations.

Falling Asleep at the Wheel. If you get tired while driving, pull over and take a quick nap. I drive long distances frequently, and I pull over when I get tired. Don’t fight hrough it.

Overcorrecting. Many of the accidents I see are people who overcorrect. People see something in the road they don’t want to hit, and they swerve to miss things that would not hurt them if they hit them. Road cones. Tumbleweeds. Rubber from tires. My advice is to hit the object, and brace yourself. In most cases, the consequences are far less severe than swerving at a high rate of speed. My wife just lost a friend who was ejected from her Hummer (she was not seat-belted, either) when her husband swerved to miss a road cone, rolling vehicle several times.

Running a Red Light. Don’t enter an intersection after the light turns red. Ever.

Turning Left on a Yellow Light. When the light is turning yellow, vehicles going straight try to beat the light. But the person who needs to turn left has been waiting in the intersection. The fatal mistake I have seen time and again is the turning party turns on the assumption that the speeding car going straight is going to stop. That is a risk you should not take. Assume nothing. Even though the light turns red, you are already in the intersection. Most street have a delay between when the light turns red the opposite lights turn green. Besides, you face far less risk with cars that see you ahead of them that are accelerating from a stopped start than to pull in front of a car going 45 miles an hour.

Following Too Closely. It is hard in crowded traffic to keep a safe distance between you and the car in front without someone cutting in front of you, but you have to discipline yourself to do it. Think of space as a big cushion or pad of safety. That buffer of space will save you from many accidents that occur when people in front of you have to slam on their brakes or take evasive action. Many of the rear-ender accidents I handle could have been avoided if people just gave themselves more space between them and the car. The rule of thumb is one car length per 10 miles an hour, or a 2-second buffer between you and the car in front of you.

Driving in the Parking Lane. The shoulder of the road is not a lane, even though many people use it. I have seen many accidents occur as people try and use this as a travel lane. People turn into them all of the time. Any lane to right of a white line is not a driving lane.

Failure to Adjust Speed Given the Road Conditions. Too many people travel too fast, ignoring speed limits. Also, people fail to adjust their speed when hazardous conditions exist. Speed limits are maximum speeds, and if hazardous conditions exist, drop your speed below the maximum so you can have time to react to approaching conditions.

Failure to Pay Attention. Many accidents also occur because people get distracted, talking on their hand-held cell phones, leaning down to pick something up, eating, talking to someone in the car, etc. Your car is not a restaurant, phone booth or office. Force yourself to avoid distractions and remember that fractions of seconds matter if you are going to avoid or prevent accidents.

Changing Lanes without Looking. Always check your and blinds blind spots when changing lanes. I have seen a number of side swipe cases because people failed to do this.

Making Illegal Traffic Maneuvers. Don’t’ make maneuvers, such as U-turns, in places where they are not allowed. The double dashed center lanes on many of our roads are not merge left lanes, they are left turn only lanes. Only use them for their intended purposes.

I know if everyone followed the rules, I would probably be out of a job! Most people will not take my advice--but I hope you do.

Craig Perry is an attorney practicing law in the State of Nevada since 1989. He has handled thousands of cases and settled millions of dollars in personal injury and workers compensation claims. He does not charge a fee for first consultations. He has a bilingual office staff (Spanish) and he speaks Italian fluently.

For more information about this article or the services he offers visit www.craigperry.com

Article Source:expert=Craig_Perry

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Car Accident Do's and Don'ts

A car accident can permanently change your entire life in the blink of an eye. If you have been seriously injured in a car accident through no fault of your own, you deserve to recover compensation to help you recover from your injuries.

“I hear about people all the time that put their car accident claim at risk simply because they either failed to do something, or did something else that they shouldn’t have,” says Jonathan R. Mani, a Charleston, West Virginia car accident lawyer, “the best thing to do is be aware of the different thing you should and shouldn’t do after a car accident.”

The time period immediately following you car accident is the most important time concerning your car accident claim. After a car accident, you should:
- Call the Authorities – The police will help sort out the situation and they will also create a police report about the car accident that will identify who they believe is at fault.
- See a Doctor – Injuries often arise months after car accidents occur, so it is important that you see a doctor immediately to determine if you have suffered any injuries that you are unaware of.
- Obtain Information – Get the contact information for all drivers, passenger, and witnesses of the car accident. Also, be sure to get the insurance information, VIN number, and license plate number of all the vehicles involved in the car accident.
- Take Pictures – You should have a disposable camera in your car that you can use to take pictures of the car accident. You should take as many pictures as it takes to get a good representation of what occurred.
- Call a Car Accident Attorney – An experienced car accident attorney will help you deal with the insurance companies and their adjusters, they will speak with the other drivers, and they will help you identify what injuries you have suffered from the car accident.

There are also certain things that you should absolutely avoid after a car accident. After your car accident, you should not:
- Admit Fault – Car accidents are confusing and complex, and you should never admit fault because after an investigation into the car accident circumstances, it may be shown that you were not actually at fault. By admitting fault, you may not be able to receive the appropriate compensation.
- Leave the Scene – This is not only illegal, but even if you are not at fault for the car accident, you will drastically limit your ability to recover from your car accident claim.
- Wait – Many people choose to wait for the insurance companies to contact them, or take their time to call an experienced car accident lawyer. This can severely impact the outcome of your car accident claim. If you have been involved in a car accident, it is important that you contact a car accident lawyer as soon as possible and get the ball rolling on your claim.
- Sign Anything – If you are presented with any papers from your insurance company or the other driver’s insurance company, make sure you have an experienced car accident attorney review them before you sign anything. Signing the wrong papers may prevent your ability to recover from your car accident claim.

If you have been involved in a car accident, one of the most important things you can do to benefit your car accident claim is contact an experienced car accident attorney to help you file your claim and recover the compensation you deserve.
Article Source:expert=Sara_Goldstein

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Winning Auto Accident Personal Injury Claim 101

When someone harms us or prevents us from living a normal life, we are often desperate for vengeance. It is a normal feeling to be so overwhelmed with frustration, especially when an accident leaves us claiming workers compensation or getting nowhere when our insurance companies just don’t seem to listen.

If you have been harmed by another person – whether it is emotional pain or strictly an auto accident injury, you have every right to file for a personal injury claim. However, you must keep everything on file. From doctors files to medical bills and fees; this is the only way you are going to back up that you really do need compensation. Due to the person’s fault, you do not only have to leave work, but you also have financial burdens piling up.

When you do end up in an accident and acquire an auto accident injury, you must follow the following steps. Make sure you write in full detail what happened. Also take a lot of photos documenting the accident. If you don’t do these things immediately, chances are you will forget minor details days later. These minor details could actually help your personal injury claim, thus it will benefit you down the road. Additionally, find witnesses who may have been around the accident. This will help you pick witnesses for your case and will also be a major resource against the defendant.

Once you have documented all of this information, you must get a medical examination. The doctor’s notes will prevail in court, especially when there are photos that go along with the record. After you get checked by a professional, ask to get a copy of the billing, to make sure you document the amount of money you have been spending.

While all of these things are vital, you will never win a case unless you have a personal injury attorney. Hiring a personal injury lawyer will not only increase your chances of compensation, but insurance companies tend to negotiate quicker when they see that you have support. The last thing an insurance agency wants is any bad publicity. They want to avoid all law suits, especially ones that could leave them bankrupt!

If you are unsure of how to find a lawyer to help you with your personal injury claim, looking through the internet is a good way of searching. However, make sure you find their references, call their former clients, and read up on what cases they have done. You do not want to be caught in a scam when you just want to get compensation through your personal injury claim. If you know that you absolutely have to have the best person to represent you, looking for Boston personal injury attorneys is recommended. Boston personal injury attorneys among others are the best in the country, and can provide you with an array of information, experience, and help.

Just because you have an auto accident injury, doesn’t mean that you will be scarred for life. File for a personal injury claim, hire a lawyer, and keep your head up high. If you have followed the above tips when you get into an auto accident, you will be more than prepared.

Natalie Aranda writes on family and law. If you are unsure of how to find a lawyer to help you with your personal injury claim, looking through the internet is a good way of searching. You do not want to be caught in a scam when you just want to get compensation through your personal injury claim. If you know that you absolutely have to have the best person to represent you, looking for Boston personal injury attorneys is recommended. Boston personal injury attorneys among others are the best in the country, and can provide you with an array of information, experience, and help.

Article Source:expert=Natalie_Aranda

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The Necessity In Preserving Post-Car Accident Evidence

The least known and most crucial step in preserving evidence after a car accident is to collect as much information as possible immediately following the car accident. By collecting such information at the time, you are helping preserve evidence that may be lost, or more difficult to collect, later on in your car accident claim.

The following information could prove critical to a satisfactory resolution in a car accident claim you may wish to pursue:

· Names and contact information of drivers
· Names and contact information of the vehicles’ registered owners
· Driver's license numbers
· Names and contact information of all passengers
· Names and contact information of any witnesses
· Names of drivers’ insurance companies and policy numbers
· The location of the car accident
· How the car accident occurred (you should write this down with as much detail as possible while your memory remains fresh)
· Your impression of whether any of the drivers seem to be under the influence of drugs or alcohol and the reasons for your suspicions (red eyes, slurred speech, lack of balance, etc.)
· A description of all injuries and damage to vehicles and property
· The names of police officers that responded to the scene
· Whether anyone claimed responsibility for the accident
· If you have a camera, take many photographs of the scene of the accident and of your injuries

As in most car accident claims, it will be in your best interest to obtain skilled legal representation by an attorney that specializes in car accident cases. You should also limit the information you share with anyone other than your attorney to the first three items in the list above. Do not admit any responsibility for the accident to anyone at the scene, as evidence recovered later may prove you to not be at fault.

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What is a Wrongful Death Case in California?

A wrongful death case is a case where a person dies due to the intentional or negligent act of another, or entity. The law allows relatives, domestic partners, and persons who depend upon the wrongful death victim for support to sue for wrongful death. The issue of who can sue for wrongful death is covered below.

Wrongful death cases are traditionally amongst the most emotionally charged cases in personal injury.

Wrongful death cases can take many forms. For instance; a loved one could be killed in a car or motorcycle accident that was not their fault; a loved one may have been killed due to excessive use of force by the police or a private security agency; a loved one may have been killed due to a dangerous condition on public or private property, including defective roads or improperly placed road signs; a loved one may have been killed due to the defective construction of a building on real property; an unborn child may have died due to the negligence of a doctor, or due to an assault and battery on the mother; a loved one may have been killed due to a defective product, or negligent repair.

A wrongful death case can arise when someone was injured in an accident, and then subsequently dies as a result of their injuries.

TIME LIMIT TO FILE A LAWSUIT FOR YOUR WRONGFUL DEATH (CALIFORNIA STATUTE OF LIMITATIONS)

The present Statute of Limitations for filing a lawsuit for wrongful death in the State of California is two (2) years from the date of the accident or incident causing the wrongful death. If you do not file a lawsuit within two (2) years, you lose your right to sue! CCP § 335.1

There are exceptions to the above rule if the wrongful death was caused by the negligence of a doctor or health care provider, or due to building defects.

If the defendant to the wrongful death action is a governmental entity, a claim must be filed with that governmental entity within 6 months from the date of the accident. If the entity rejects the claim, you must then file a lawsuit within one (1) year from the date of the wrongful death.

WHO CAN SUE FOR WRONGFUL DEATH

A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the victims personal representative on their behalf:

(a) The victims surviving spouse, domestic partner, children, and offspring of deceased children, or, if there is no surviving children of the victim, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the victim by intestate succession (a person dying without a will).

(b) Whether or not qualified under (a) above, if they were dependent on the victim, the putative spouse, children of the putative spouse, stepchildren, or parents. ‘Putative spouse’ means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the victim was valid.

(c) A minor, if, at the time of the victims death, the minor resided for the previous 180 days in the victims household and was dependent on the victim for one-half or more of the minor’s support. As you can see, there are many people that may qualify to sue for wrongful death. Our law firm handles wrongful death cases, and can tell you whether or not you have the right to sue for wrongful death.

Compensation That You Are Entitled To In a Wrongful Death Case WRONGFUL DEATH DAMAGES

Financial Support - The financial support, if any, that the person who was a victim of wrongful death would have contributed to the family during either the life expectancy that the victim had before [his/her] death or the life expectancy of the person who is suing, whichever is shorter.

The Loss of Gifts and Benefits - The loss of gifts or benefits that the person who is suing would have expected to receive from the victim of a wrongful death.

Funeral and Burial Expenses - The cost of funeral and burial expenses.

The Reasonable Value of Household Services - The reasonable value of household services that the victim would have provided

The loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support that the victim would have provided.

The loss of the enjoyment of sexual relations with the victim.

The loss of training and guidance of the victim.

PUNITIVE DAMAGES

Punitive damages (punishment damages) are awardable to the victims estate in an action by the estate representative based on the cause of action the victim would have had if he or she had survived. an example of a case or the estate of a victim can sue for wrongful death with punitive damages would be intentional homicide.

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New York Civil Law's Collection Provision

In civil law the idea of reckless disregard is often the foundation for many civil cases. A party that acts in a way that endangers the general health and well being of others is a principle for many of our nation’s lawsuits.

To win a civil case, a defendant must prove that by a preponderance of the evidence, the plaintiff is at fault. New York has a special law that can come into play for civil cases.

First of all we must look at the idea of contributory and comparative negligence. Lets say you own a small car and you go for a drive to your favorite recreation spot. Suddenly out of nowhere your car hits a pothole and destroys one of your tires. You pull over to the side of the road and while changing your tire you notice a large chunk of gold on the other side of the road.

Thinking its your lucky day you begin to walk towards it only to be hit by a speeding truck that shatters your pelvis and tears a couple of your knee ligaments.

In some states if you sued the truck driver you would lose because the state uses strict contributory negligence guidelines. Basically since you walked in front of the truck you lose your case because you personally contributed to the accident. Others say that if you were more than 50% responsible you will lose your case.

However some states use contributory negligence which means that while you walked in front of the truck, the fact that it was speeding contributed to your injuries and will award damages based on the facts of the case.

Suppose this happened in a school zone and the truck was estimated to be traveling at 50 mph. It is reasonable that while you walked in front, the truck’s speed and subsequent inability to avoid the collision make the driver 75% at fault.

Percentages and how they are decided are for the most part much more difficult to explain so I chose an arbitrary number.

Now lets take that concept and apply it to a case with multiple defendants.

Lets say the driver tried to stop but his brakes failed. Let’s say you decide to name the brake manufacturer in your case.

You also discover the car manufacturer knew of brake failures but failed to remedy the situation.

So this presents a case of 3 parties you’re suing. A jury can then decide comparatively how much each company must pay. In this scenario, its likely the driver and brake companies would be the most liable and the auto manufacturer would be the least liable.

Now lets also suppose that the brake manufacturer went out of business but they are found to be 50% liable for your injury. In most states you have no legal recourse for their share of the amount simply because of the fact that they don’t exist.

Now remember I included that the car manufacturer knew of the brake manufacturer’s problems and failed to remedy them.

Under New York law they can be held responsible for the brake company’s share because they acted with “reckless disregard” towards the situation.

They would be forced to pay the brake company’s share because the company is labeled as a non-settling defendant because there is no way to recoup from them.

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Stoke-on-Trent No Win No Fee

The City of Stoke-On-Trent is well known for the ceramic industry. It is better known by the locals as “the potteries”. The history of the production of pottery dates back to the 17th century. The area was ideal because of the abundance of clay and coal. Also salt and lead were needed used for the glazing and there was plenty of this in the area. In 1769 Josiah Wedgwood built one of Britain’s first large factories which became a famous name in the world of ceramics and is still in operation today but on a smaller scale. There are many museums around the city that go into details the whole history of the ceramics industry.

There were lots of disease and illnesses in the ceramic industry and many people died due to the toxic substances that they were exposed too. Lead was one of the worst and is the most toxic to man. It was used to create colours on pottery and the painters and glaze-dippers accidentally absorbed the lead into their blood streams though their skin and through licking the tips of their paint brushes. This eventually with enough exposure would tern to lead poisoning which was known as “potters rot” in the industry. This could result in paralysis or even death.

Other illnesses potters were susceptible too were serious respiratory diseases. Silica was another dangerous mineral that the potters were exposed too. Silica is a common mineral which is made up of sand and rocks and is the main ingredient to ceramic glazes. Inhaling silica dust can cause silicosis which is a fatal lung disease and many people suffered as a result. It is one of the oldest known occupational hazards.

Workers compensation was available to those who suffered as a result and rightly so. These days we are a lot more health and safety conscious and aware of dangers that we previously were oblivious too. And if we have even the most minor accident that was not our fault we can and should try to claim compensation. This is every person’s civil and legal right.

No win no fee agreements took over from legal aid in the late 90’s and is now available for everyone who has a personal injury and wants to be compensated. The good thing about no win no fee is that solicitors will not take on a case unless they are sure they will win it.

If you have had an accident in the Stoke area and would like to find out if you are entitled to compensation then you should look for a competent solicitor with experience in personal injury. There are many solicitor firms in Stoke but the best ones are those that offer free professional advice. With the technology of the internet now, we can shop for car insurance, loans, cars and even no win no fee solicitors. So just because you live in a little town without any solicitors you can log on to the internet and find the best one suited for your particular claim. You need a company that offers free advice over the phone and can tell you exactly what your chances are.
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Whiplash Compensation Claims

Most whiplash injuries occur when you are in your car and another car smacks into the backend of your car. The impact of the collision pushes your car forward and your whole body is thrown forward and then backwards. People who experience whiplash may develop one or more of the following symptoms, usually within the first two days after the accident, neck pain and stiffness, headaches, pain in the shoulder or between the shoulder blades, low back pain, pain or numbness in the arm and/or hand dizziness ringing in the ears or blurred vision, difficulty concentrating or remembering, irritability, sleep disturbances, fatigue.

The extent and type of injuries varies from person to person. Most injuries are to soft tissues such as the disks, muscles and ligaments, and cannot be seen on standard X-rays. Your doctor may need to request specialized tests. Most people recover quickly although a small number develop chronic conditions that result in severe pain and sometimes disability.

To treat whiplash the best way is to encourage movement from early on, rather than immobilization. You can have a soft collar that can be used in the short term. It is recommended to add ice in the first 24 hours, followed by gentle active movement. Your doctor may provide you with a series of exercises that you can do at home. An early return to work is encouraged, even if your doctor must prescribe some temporary modifications in your work situation. For pain relief you can get medication from your doctor, but exercises, physical therapy, traction, massage, heat, ice, injections and ultrasound are all proven to be beneficial. Most symptoms should resolve themselves within several months for most people who have whiplash but chronic conditions should be investigated further and might require surgery.

Claiming compensation for whiplash is your civil right. If someone collides with your car and you suffer whiplash as a result then you are entitled to receive compensation. Most personal injury solicitor will have dealt with a whiplash claim so would be able to advice you. You may have taken some time off work or in severe cases have to deal with an immobilizing disability. And if the accident was not your fault then you would be daft not to take legal action. There are now “no win no fee” agreements where solicitors take on a case for nothing and only get paid at the end if the case is successful. You need to find a good solicitor that explains everything clearly. Some companies have hidden costs that you need to be aware off. Finding a company that offers straightforward advice for no charge is the best place to start.

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