While accidents may be a fact of life, it's important to know where you can turn for help. Unfortunately, too many accidents are caused by the negligence of a third party. When you've been injured in the workplace, during an automobile accident or as a result of a product defect, you have other things on your mind including your family's financial well-being. Some of the common questions you may be facing after an accident include:
Where do I find a personal injury attorney?
How do I file a claim?
What are the laws in my state regarding personal injury?
Can I file a claim for lost wages?
How do I pay my medical bills?
Fortunately, most states have a local lawyer referral service or offer Legal Aid which is a non-profit organization that can help with high legal costs. Legal Aid may provide services at reduced rates or in extreme cases, may provide services free.
A personal injury attorney can help you file a claim, file for disability and advise you of your rights. When you need a personal injury attorney, it's a good idea to start by checking your local bar association to find a personal injury attorney who can help.
Traumatic brain injury can cause many issues resulting in brain damage. If you or a loved one have been the victim of a brain injury or you think that a blow to the skull or head may be more than just a little bump you will want to get medical attention right away. Traumatic brain injury may be so small in size that your first thought is that it’s just a bump, but if there are any bone fractures involved with this injury you could possibly be facing brain damage. Some of the first signs to look for in brain injury cases unconsciousness, amnesia, headache, confusion, dizziness, loss of balance, blurred vision, ringing in the ears, mood changes, vomiting or memory. And if you have any other unusual signs or symptoms you will need to obtain medical attention right away. The severity of a head injury and whether or not it has caused brain damage will be determined by you and your physician. Many tests can be completed shortly following an injury of this type, but some symptoms may not show up for a while. If you feel you are a victim of brain damage caused by the neglect or infliction of another person you will want to contact a lawyer whom will be able to assist you if someone is to blame and should be held liable for your injury, pain, suffering and medical expenses related to this injury. The sooner you contact a lawyer to help with this issue, the sooner you may be able to collect from the responsible party.
Nothing is more devastating than losing a loved one unexpectedly, but it simply adds insult to injury when this devastation is due to the negligence of another person. This is where wrongful death claim lawsuits come into play. Each year there are thousands of wrongful death cases that are brought, many which result in compensation. Though the laws for each state will vary, somewhat the basis is nearly identical; you will have to prove beyond a reasonable doubt the following:
• Cause- The more proof you have that the defendant in the case was directly responsible through negligence or outright action for the death of your loved one the better. The conduct of the defendant has to be wholly or mostly responsible for the death.
• You must be able to prove assertions of liability.
• There must be surviving beneficiaries such as spouse, children or beneficiaries.
• There has to be monetary damages as a result of the victim’s death.
These are of course only the base guidelines for a wrongful death claim; each of the 50 states can have additional requirements, which is why you need a knowledgeable attorney from your area to bring wrongful death cases before a judge and jury.
One final piece of advice on this subject is this; do not assume that a wrongful death claim would be dismissed simply because the defendant is found innocent of criminal charges. A person can be financially responsible even if a criminal case failed.
Nearly every state has created statutes allowing wrongful death lawsuits. Generally the deceased is considered not the only one to suffer in the wrongful death. Those who depended on the deceased for financial support or emotional support are those able to file a wrongful death lawsuit.
The death must have resulted from negligence or careless act, a reckless act or even murder. Murder will be tried in Federal court while a wrongful death lawsuit is tried in a civil court.
Some states allow only the direct family member the right to file a wrongful death suit but a consultation with a wrongful death law firm will know what your state’s specific laws are regarding this. It is advisable you have several consultations with wrongful death law firms until you find one you feel comfortable with and confident in their ability to represent you. Come prepared with questions, such as how often or what percent of time they are able to get a guilty award. Also, do they have trial experience in the event the other party does not wish to make a settlement offer, which is fairly common in cases with merit.
A wrongful death law suit will likely be a lengthy process and take a good amount of time. A good wrongful death law firm will keep you notified at every juncture of what is going on in your case and what to expect next. The entire case will be investigated in order to determine blame and responsibility even if no legal charges were filed. If no legal charges were filed it may be harder to prove responsibility or negligence but not impossible.
Car accidents resulting from carelessness or recklessness, nursing home abuse leading to death, and homicide are all possible grounds for a wrongful death lawsuit. If you feel you have suffered a wrongful death you should seek a consultation with a wrongful death law firm.
The wrongful death law is generally one which is used when a loved one has died as the result of negligence or carelessness on the part of another.
Though each state is different, there are a number of factors that are the same throughout the country regarding what constitutes a wrongful death or allows for a wrongful death claim.
The death must have been caused in whole or in part by the defendant. This will have to be proven in a court of law and there are many Attorneys familiar with the wrongful death law available to discuss your case with.
The defendant has also got to be negligent or liable for the victim’s death. Often times you will be dealing with an insurance company who represents the defendant and they will have many resources to fight your case so it is important that you find the right Attorney who understands and is familiar with the wrongful death law.
There has also got to be a surviving spouse, children or dependents to file a wrongful death claim.
Also there must be monetary damages that have resulted from the victim’s death, such as medical bills or loss of family wages, which will be a part of what the jury is asked to award when a lawsuit involves the wrongful death law.
If you feel you may meet the criteria for the wrongful death law it is important you seek the advice of an Attorney.
A wrongful death suit is any legal action taken to compensate one for the wrongful death of a loved one caused by any number of factors. This could be negligence, lack of proper medical treatment, nursing home abuse that led to the patient’s death or even an automobile accident where the deceased was not at fault.
Generally wrongful death suits take anywhere from a year to several years to settle due to various appeals and procedures used to prolong the suit by the defendant. If you feel your loved one has suffered a wrongful death you should seek a consultation with an Attorney who specializes in wrongful death suits.
The Attorney will know what and what is not considered a wrongful death in your state as well as what criteria must be met to file suit against the defendant. Often times the defendant is an insurance company, as drivers, medical personnel and most large companies has liability insurance for just this purpose. It is seldom you will be filing a wrongful death suit against an individual and though you may file one and be awarded a guilty verdict along with a financial damage award they are sometime’s very hard to collect from.
A wrongful death suit is likely to take a while to settle but if you feel strongly in your case the final defendants verdict of guilty may be worth the wait.
|Jennifer Mathes, Ph.D.|