2018 August 21 | Car Accident Lawyers

Wrongful Death Claims Aren’t Easy, but They’re Necessary

January 22, 2019 8:10 pm | By Winifred Grant

If you recently lost a loved one, your first inclination is not about filing a wrongful death claim. This is mainly because the grief that follows losing a loved one is overwhelming and the last thing you want to do is deal with an insurance company or file a claim against the at-fault party.

These types of claims are often not easy psychologically, as they bring up unwanted memories of the incident. However, these types of claims are often necessary. In most cases, the family members that are left behind, such as the spouse and children, suffer the consequences such as financial loss.

While nobody wants to dwell on the financial aspects of losing a loved one, it is required in many instances. Not only are family members entitled to be compensated for the loss of a loved one, but also the guilty party must be punished. This is especially true when it comes to medical malpractice wrongful death claims because the wrongful death could be a result of malicious or willful actions carried out by the medical professional. So, in cases such as these, punitive damages are also warranted.

If you reside in Birmingham and have experienced the wrongful death of a loved one, you may want to speak to a Birmingham wrongful death lawyer. Negligence may have occurred when unreasonable conduct results in the death of another person. Ultimately, negligence in the wrongful death claim pertains to the way in which a reasonable person or medical professional would have acted under the same or similar circumstances.

So, it is up to the claimant to prove that there was a duty which was owed to the deceased and ultimately that the duty was breached, resulting in a wrongful death. They also need to prove that the damages that they are claiming for are the result of the wrongful death.

Some of the damages that are available to family members when it comes to wrongful death claims are medical expenses related to the accident, funeral and burial expenses, loss of wages (both present and future), loss of comfort and guidance, loss of household services, and pain-and-suffering.

It is always important to speak to a qualified wrongful death attorney if you would like to pursue a claim or go after the at-fault party. Your lawyer has the necessary knowledge, resources, and skills in which to assist you in winning the wrongful death case and receiving compensation for your loss. So even wrongful death claims aren’t easy, they’re necessary and you will still need to employ the services of a professional attorney to assist you throughout this process.

They are certain procedures that are put in place and your attorney will be able to advise you of exactly how each one works and what you can expect at each stage of the claim. While you may not want to deal with claims and talk about money after losing someone that was very close to you, one of the best things …

Sorting Out Child Custody in Indiana

January 14, 2019 10:56 pm | By Winifred Grant

If you’re going through a divorce or legal separation, there are many family issues that you will need to work out. One of the most difficult issues to resolve is that of child custody. There are often parenting disagreements that caused the marriage to break down in the first place, so coming to agreements during divorce can be difficult.

You’re already dealing with friction between you and your ex, so sometimes you need a little extra help to get these issues resolved. It’s important to remember that child custody is always about what’s best for the children. If your case goes to trial, the court will be more concerned with the children’s interests rather than yours.

If you focus on the kids, then it’s usually easier to work out a parenting plan and custody arrangement that works for both parties.

What to Consider When Deciding on a Parenting Plan

There are several factors that need to be considered when coming up with a custody arrangement. You will want to consider both parties’ work schedules, as well as where the children will go to school. You probably want to minimize the impact to the children as much as possible.

The following are some of the items to think about when deciding on custody and visitation arrangements:

Which party provides the majority of care and emotional support?
Is either party disabled or unable to work?
Does the child have a disability that needs to be considered?
Where do the children go to school?
Does one of the parents live in another city or state?
Were there any substance abuse issues during the marriage?
Were there any issues pertaining to domestic violence?
Which party did most of the child rearing during the marriage?

How can child custody issues be resolved?

There are different ways to resolve child custody matters, and which one is best for you will depend on your case. For instance, some people are able to resolve these issues on their own outside of court, but that won’t work for everyone.

Some people are able to resolve these issues during mediation, but again, that’s not right for every divorcing couple. If there were domestic violence problems during the marriage, going to court might be the best option for you. A lawyer can help you decide which method would be best for resolving child custody disputes in Indiana.

Are you looking for some help with a child custody case?

There’s no question that child custody is one of the most contentious issues to settle during a divorce or separation. You want what’s best for your child, but two people don’t always agree on what that is. Working out these issues on your own can be difficult, if not impossible. You don’t have to do this alone, though.

Contacting a Terre Haute family lawyer is probably a good idea. Your lawyer can help you to resolve child custody matters, and help to ensure you reach the best-case scenario possible. Your lawyer can …

Is Police Speed Radar Ever Wrong?

December 31, 2018 8:56 pm | By Winifred Grant

Speeding is amongst the most common causes of vehicular accidents. When a car is going at a fast pace, the machine is harder to control, and the driver has less time to react to any danger that might appear. The worst cases of injuries and fatalities involving car accidents can happen when speeding. Due to the danger it poses, laws impose strict penalties for this offense. The police are given a wide range of tools to help them enforce the laws and keep the public safe. However, these tools have their share of critics who say that they are not always reliable. Is police speed radar ever wrong?

Operator

The short answer is yes. These devices are not immune from inaccuracies. They have their own limitations because of their design. Although reliability has gotten better over the years, they are still far from perfect. They will produce accurate results if they are given close to ideal conditions, but this is not always the case in the field. These are also complex items that rely heavily on their operator for success. If the user is not well-trained, then the tool may be utilized incorrectly, leading to questionable results. Indeed, a lot of drivers who get a speeding ticket fight the charge in traffic court with a New York City speeding ticket attorney.

Multiple Targets

Radars may not always be able to differentiate between multiple targets. Let us say that there are several vehicles within the field of view. One of them is going faster than the others. The reading might reflect the speed of the law-abiding vehicles instead of the speeding car. It is important for the operator to have a feel for pace with just plain sight so obvious errors can be detected and new readings can be made with better positioning for improved accuracy. Other objects close to the road like signs, buildings, and machines, can also cause interference errors.

Size

The size of the radar will also affect the reliability of the device. This is a common issue with handheld and mobile units. Smaller devices have limited directionality due to the less than ideal antenna diameter. They may measure speed based on several objects instead of the actual target alone. This can drastically affect the accuracy of the reading. It is possible to compensate for this by increasing the frequency of the waves thrown in the direction of the target. However, this will not totally make up for the design limitation. Additional antennas and circuitry can also help, but these will increase the cost of the device.

Distance

Radar produces reliable speed measurements when the distance to the target is established. This is true when it comes to static devices that are pointed at a fixed direction. On the other hand, mobile devices cannot claim to be as accurate because of the different way in which they try to take measurements. Distance changes constantly between the moving police car and the target vehicle. Even if the device …

How to Get a Free Consultation with a Car Accident Lawyer

December 12, 2018 8:18 pm | By Winifred Grant

When you’re injured in a car accident, you don’t want to wait around and hope the insurance company does the right thing. You want to know that you’re getting the right coverage you need for your claim. There’s just one problem.

You don’t have a lawyer on your side.

In that case, you’ll need to reach out to an attorney, but you’re not sure where to even begin. Besides, who wants to pick a lawyer without meeting them first? Fortunately, that’s what free consultations are for. You’ll just need to get started with a little chat. So, how do you do that, then?

Don’t Hesitate

First, don’t wait long before you call them. You’ll want to get in as soon as possible, and your first choice might not be so helpful. You want someone on your side who knows what they’re talking about, so you don’t want to wait and get stuck with the wrong attorney.

Instead, act soon. You’ll only have two years to file anyway, and that’s not as much time as it sounds like. Make a list of attorneys to contact, and you can get started right away.

Give Them a Call

When you’re getting ready to talk to an Indianapolis car accident lawyer, give them a call. Sometimes, it helps to hear a friendly voice on the other line, especially after someone hit your car. Your injuries are serious, and a call can boost your spirits.

It also gives you a chance to talk with them before you schedule an appointment. You’ll need to talk with them more before you get started on your claim, but if they can’t take your claim now, you’ll know before you head to the office. You’ll want to make the process as easy on you as possible, so reach out before you head in.

Check out the Website

Of course, not all of us are so comfortable on the phone. Whether you have troubles speaking because of your injuries, or because you’re simply shy, most law firms have an online form for you. That way, you don’t have to worry about giving them a call.

Instead, you’ll just fill out your information there. You’ll typically give them your contact information, so they can schedule your appointment. You’ll also include a short section about the details of your accident—what happened, how it happened, and your questions about your claim.

Once they have that, they’ll contact you about your free consultation as soon as possible. That way, you can get started on your case soon.

… Read more →

Does Florida Allow Wrongful Death Claims for Intentional Acts?

November 12, 2018 10:16 pm | By Winifred Grant

When a loved one passes away, it can be difficult to adjust and accept the situation. Worse, your loved one may have been killed by someone else’s actions. They meant to hurt someone dear to you, and now you and your family are suffering for it.

Before you file a claim, however, you’ll need to know what damages and what kind of claim you’re dealing with. Because wrongful death claims can be a little more complex, reach out to a Lakeland wrongful death attorney before you file a claim. With the right help on your side, you and your family can get the compensation you need to move on from your suffering.

Wrongful Death vs. Criminal Cases

When someone intentionally kills someone, you might be dealing with more than a lawsuit. Instead, you and your family might be involved in the aftermath of a crime, which makes your lawsuit more complicated.

Criminal cases are brought forward by the government, and these cases will take priority. If your loved one is killed by another person, you’ll need to postpone filing your claim until the case is closed. However, just because the person is found guilty doesn’t mean that you’ll get the compensation you deserve.

Instead, you’ll also need to file your own claim after the criminal case is settled. These are two different systems, and your claim is only meant to compensate you. In a criminal case, the only focus is on deciding the punishment for the wrongdoer.

Seeking Damages for Intentional Acts

Once you’re ready for your lawsuit, you’ll file it much like any other case, if you’re the personal representative of the estate. If you’re not, however, you might still receive compensation for your suffering.

For example, you might be financially affected by this loss. You’ve lost a source of income, you might be paying for property damage, and you might be left to deal with their final medical expenses. All these costs wouldn’t be on your plate if the other person hadn’t fatally harmed your loved one.

Your “noneconomic damages” are just as important. You’re also suffering from the loss of someone important in your life, and that can impact your emotional health. For example, their love and support won’t be available to you. When you’ve lost a parent, you may have also lost the affection and guidance they provided. While these damages might be more difficult to calculate, they’re still important.

Full Compensation for Your Wrongful Death Claim

When you lose a loved one to any accident, it can be a devastating blow to you and your family members. You’re missing the affection and love they provided, and you’re dealing with the aftermath of their death financially, too. When another personal intentionally caused their death, it’s tough to recover. So, what can you do?

Fortunately, Florida does allow families to seek compensation when their loved one passes away from an intentional act. While it can be difficult, especially since you’ll need to wait to file, you will …

Law

How Distracted Drivers Cause Accidents

Posted OnAugust 21, 2018 Winifred Grant 0

Over the past decade, injuries from motor vehicle accidents caused by distracted driving have skyrocketed. While the use of cell phones have played a major part in causing these accidents, leading to…

Day: August 21, 2018

How Distracted Drivers Cause Accidents