Uncategorized | Car Accident Lawyers

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 …

Nursing Homes are a Hotbed of Abuse

October 30, 2018 10:21 pm | By Winifred Grant

Most people who put their family member in a nursing home believe these places to be safe and supportive environments, but could they be wrong? Nursing homes can be a fine place for an elderly individual to live and enjoy the remaining years of their life with the caregiving assistance they need.

That being said, nursing homes and other caregiving facilities are locations where abuse often takes place. The elderly adults that live in these facilities are targets of abuse because of their inability to fight back, or in some case, to speak about their abuse. Their diminished physical and mental capabilities make them vulnerable to abuse and neglect.

What Types of Abuses are Common in Nursing Homes?

There are many ways that your loved one can be hurt while under others’ care, and it can be difficult to spot the signs of abuse if you don’t know what to look for. If you want to protect your loved one you should watch for signs of abuse, and take action when you think that something isn’t right.

The following are the most common forms of nursing home abuse.

Physical abuse
Neglect and malnourishment
Sexual abuse
Emotional abuse
Financial exploitation

What are the Signs and Symptoms of Abuse in Nursing Homes in Chicago?

You should watch for signs of physical abuse, such as bruises, scrapes, cuts, broken bones, and torn clothing.
Signs of neglect or malnourishment are: unwashed appearance, poor hygiene, extreme or sudden weight loss, and dirty or torn clothing.
Emotional signs of abuse: withdrawal, depression, anxiety, fearful behavior, and self-soothing behavior, such as rocking back and forth.
Signs of financial exploitation: sudden and unexplained changes in the financial accounts or documents of the elderly adult.

Who Could be Responsible for This Kind of Abuse?

Those who are most often responsible (and liable) for abuse are: caregivers and staff members; the nursing home facility itself can be held responsible; visitors; other residents at the facility.

What Can You Do to Combat This Issue?

You can file a nursing home abuse claim against those responsible. Filing a claim can mean justice and compensation for you and your elderly loved one. You can be compensated for the pain and suffering your family member endured, and all the financial losses this abuse has caused you and your family.

Filing and winning a claim can be difficult, though, so it’s usually best to get a lawyer to help with your case. The abuse will have to be investigated and your case will need to be proven. Make sure that abuse doesn’t go unpunished. Fight against elder abuse.

Do You Need Some Help from a Nursing Home Abuse Lawyer?

Secure legal help with your case so that you can help in the fight against elder abuse. Winning your claim means protecting other vulnerable adults from being injured and abused. Work with a Chicago nursing home abuse attorney, and shut down nursing homes that don’t protect those in their care.

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Traveling to Sacramento? Here’s How to Stay Safe

October 17, 2018 2:21 pm | By Winifred Grant

The city of Sacramento is a great destination for anyone who is visiting California. In particular, the historic part of the city has many attractions that will intrigue visitors. However, some tourists and newcomers to the city are concerned about how to stay safe in this city.

In general, the areas frequented by tourists are usually safe, especially during daylight hours. However, it is wise to exercise caution when venturing outside of the main tourist areas, especially after dark. Once the office workers leave downtown Sacramento after their shift is over, much of the downtown area becomes a ghost town. Because the streets are largely deserted, it can be dangerous to walk around after dark, particularly if you are alone.

There are areas of Sacramento that have a high crime rate, often due to drug addiction in the local population. Do not travel alone to neighborhoods that are known to have a high crime rate, especially after dark. In particular, it is a good idea to avoid South Sacramento and the area around Oak Park. There are other scattered pockets of the city that should be avoided after sundown. When booking a hotel in Sacramento, it is a good idea to check the safety of the neighborhood.

Tourists visiting Sacramento will generally be safe if they stay in the best known tourism districts. However, it is a good idea to exercise caution even in the more popular districts. This includes such practices as locking all valuables in the trunk, and not leaving anything of value in plain sight in the car.

Sacramento has benefited from the construction of Interstate 5, which carries a tremendous amount of vehicular traffic. Because of the crowded highways, it is wise to avoid speeding as high speeds will increase the risk of serious accidents. In Sacramento county, the speed limit is set at a maximum of 55 miles per hour, although in residential areas it will usually be lower, at 25 miles per hour.

Visitors to Sacramento in the summer may find themselves at risk due to unexpected heat waves that can last for several days. Anyone who is likely to suffer from heat stroke must take extra precautions such as staying hydrated with plenty of fluids. They should also seek out an air-conditioned environment whenever possible.

Driving in winter in the Sacramento area includes a special risk since the air can be very foggy at times, and the reduced visibility can result in more accidental collisions on the roads. Sacramento is working hard to find safer ways for bicyclists to ride the roads but there are still places in the city where cyclists face dangers when they encounter cars and trucks in heavy traffic.

Unfortunately, no matter how careful you are, accidents always remain a distinct possibility. If you are involved in an accident that results in injury, you will need to call a Sacramento injury lawyer. A good injury lawyer will see to it that all the relevant facts of the case …

How to Prove That an Illness is Work-Related

October 2, 2018 8:53 pm | By Winifred Grant

It isn’t always easy proving that an illness is work-related, even if you know for sure that it is. Some of the most common workplace injuries are slip and fall accidents, respiratory issues, and repetitive motion injuries or conditions. Not surprisingly, many employers are reluctant to admit fault, in an effort to avoid any financial obligation.

First, you should always notify your employer if you are injured or sick because of something in your workplace. However, keep in mind that you may have a limited number of days to report an accident or illness to your employer, and the laws can vary by state. In Iowa, for example you have 90 days to report the incident. Reporting it sooner rather than later also means the incident is fresh in your mind, and you are more likely to have an accurate recollection of events, any witnesses and anything else relevant.

Obtaining expert medical testimony is one of the best things you can do to increase your chances of winning your case. Testimony from a medical professional is much more convincing and carries more weight; the testimony can also address the extent of your injury or illness and its long term effects. And if you require therapy, counseling or other long term treatment as a result of your injury, it’s important to keep all the relevant paperwork, receipts and anything else that can later help to substantiate your case.

It’s also important to get the testimony of other witnesses wherever possible, and to document the cause of your illness as thoroughly as possible. For example, if recurring knee problems were caused by tripping on an uneven surface, you should take photos of the environment, and talk to other employees who may have experienced the same issue. In a large workplace, the chances are high that someone else is suffering from the same illness or condition as you, and with the same cause. A well known example is mesothelioma; it’s common for many employees in the same workplace to have this condition because of prolonged asbestos exposure.

An Iowa workers comp attorney can help you to prove your case of an illness caused by work, and hiring an attorney with relevant experience may be your next step if you aren’t getting anywhere by yourself. Make sure you work with someone with workers’ comp experience in your state. An attorney can help you to gather the evidence that you need and can present your case in a more convincing way, by collecting medical evidence, records of previous accidents or illness, and talking to reliable witnesses. There may also be security footage at your workplace of the incident, or similar incidents that can help your case.

https://www.safeopedia.com/definition/1237/work-related-injury

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Searching for an Injury Lawyer? Here’s What You Should Know

September 18, 2018 8:26 pm | By Winifred Grant

Accidents happen all the time. It’s unfortunate, but you might have been injured and suffered for it. What if that accident was caused by someone else? That complicates things, and that means you’ll likely need a San Diego personal injury lawyer to help.

When you’re searching for an injury lawyer, however, you’ll need to know a few things before you sign anything. When you’re speaking to attorneys about your claim, be sure you cover certain areas around your claim. You will need to know whether you’re getting the help you need after an accident, and you’ll need someone who will fight for your full settlement or compensation.

Knowledge of State Laws

Before your injury, chances are good that you’re not familiar with your state’s laws on injury claims and what you’ll need to do to file. Unfortunately, going into your claim without this knowledge can seriously damage your claim. You might have your claim dismissed, leaving you unable to file or receive compensation for your claim.

For example, knowing the time limits for your claim will be vital. California residents will need to file their claim within two years, so you’ll need to file your claim within that time. While that might seem like plenty of time to file, preparing your claim can take time, so you’ll need to start as soon as possible.

You’ll also need to know what your claim is worth. You won’t have the resources a lawyer will have, which puts you at a disadvantage without one. You’ll need someone to find the costs of both your financial and non-financial losses, so seek out help now for your claim.

Experience in the Courtroom

You need someone who knows the rules on your side, of course, but what about your time in the courtroom? You need more than a lawyer who knows their stuff. You also need a lawyer who has the experience and focus to fight for your claim.

For example, you’ll need someone to fight back when you’re accused of being responsible for the accident. While the other driver might be at fault and caused serious injuries, they might claim you were partly responsible for your injuries. Unfortunately, that blame can hurt your claim.

For example, let’s say you were in a car accident after another driver hit you, but you were on the phone at the time. While they did cause the accident, you weren’t giving the road your full attention. If you don’t fight back, you might be given 10 percent of the fault for the claim.

That doesn’t seem like that much, right? Unfortunately, it can make a big difference for your claim. If you chose not to fight that blame, your claim will be reduced by 10 percent. So, if you should have received $100,000 for your injury, you’ll only receive $90,000 for your claim. While that’s still a significant amount, that $10,000 can make a difference, and you should fight for the fullest compensation for your claim.

Get

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Uncategorized

How to Prove a Doctor was Negligent

Posted OnSeptember 5, 2018 Winifred Grant 0

We put a lot of faith in our doctors to protect our health and take care of us, but sadly, not every doctor is so careful with your health. Your doctor might have been negligent, and now you’re…

Category: Uncategorized

How to Prove a Doctor was Negligent