What Damages are Awarded?

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What Damages are Awarded? What Damages are Awarded?

Wrongful Death for the death of a Child

A wrongful death is a death that is due to the willful, reckless or negligent actions of another party. That party may be another individual or individuals. It may also be a company or an entity. When the malfunction of an item results in the death of a person, in some cases the entity or company that made the item can be held accountable for the wrongful death.

The motives of the intent of the defendant may be irrelevant in the wrongful death lawsuit. In a civil case the courts are less concerned about whether the action was intentional or unintentional and more concerned about whether: 1) the defendant breached their duty of care toward the plaintiff (the deceased); 2) the death was caused by the defendant’s breach of duty; 3) the plaintiff or deceased suffered loss or in this case death due to the conduct of the defendant.

When someone is to blame for the wrongful death of a child or elderly person, it may be especially trying and upsetting. The hurt, pain and sorrow may be even greater. You may be angry and want to see whoever was responsible for that child or elderly person’s death pay for what they have done.

You may be the parent of a child whose death was a wrongful death? Or, you may be the spouse or child of an elderly person whose death was a wrongful death? Is there any action that the law will allow you to take against whoever brought about the death of your child or your parent or spouse? Can a wrongful death lawsuit or claim be made for a child or an elderly person?

Although wrongful death statutes and laws are not the same in every state, in most states, if you are the parent of the child or the child or spouse of the elderly person whose death was a wrongful death, you are permitted to file a wrongful death lawsuit against the party who caused that death.

The problem is that recovery of damages is usually small and modest in a wrongful death lawsuit that is related to the death of a child or elderly person. The primary reason for this is that the measure of damages in a wrongful death lawsuit is your financial loss.

When a child dies because of a wrongful death, the financial losses can be minimal. Recoverable damages are usually based on the habits of the child, state of health, life expectancy, earning potential, sex, age and work expectancy.

When an elderly person dies as a result of a wrongful death, the courts may determine they have a low earning potential. Because their child or children are nearly always adults, they are may not need significant support, nurturing or guidance from their parent. The loss, although emotionally devastating, may not financially impact the children.

If someone you loved has been killed due to the negligence of another person, it may be time to discuss your case with a personal injury lawyer.

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Nursing home abuse and filing a personal injury claim

Senior citizens represent some of society’s most vulnerable people. Senior citizens in a nursing home are often most commonly abused, neglected or injured because they are unable to easily defend themselves.

Nursing home or assisted living facility abuse can be physical, financial or emotional. No matter what form the abuse or neglect may take, it is always hurtful or damaging.

Unfortunately, nursing home or assisted living facility neglect often goes unnoticed. Even though repeated visits are made to a nursing home or assisted living facility, signs of neglect may remain hidden.

There are several reasons why your loved one may suffer abuse in a nursing home or assisted living facility. A nursing home or assisted living facility owner may try and cut corners by skimping on training or staff.

In many instances, workers in these facilities are overworked, poorly trained and receive low pay. However, some of the worst cases of abuse may occur in nursing home or assisted living facilities which appear well run, professional and clean.

Common types of nursing home abuse

There are many different forms of abuse and/or negligence that may take place. Some of these include:

Being given the wrong medication or overmedication
Poor hygiene
Malnourishment and dehydration
Bedsores
Falls

You may have a loved one who has suffered some type of abuse, neglect and/or injury in a nursing home or assisted living facility. You may be outraged, angry or upset that this happened. You also may be trying to decide what to do. You may wonder whether it would do any good to contact a personal injury attorney.

Can an injury attorney help in this situation?

Personal injury lawyers can protect your loved one’s legal rights. An attorney can assist you in getting proper documentation before a nursing home or assisted living facility misplaces it or covers it up. An attorney will also be knowledgeable about the statute of limitations and other unforeseen issues which may prevent you from receiving a just remedy for the abuse, neglect or injury.

If your loved one has been injured in a nursing home it is time to talk to a personal injury lawyer. Do not delay. Fill out the FREE evaluation form and a personal injury lawyer will contact you to discuss your nursing home abuse claim.



How Long Should My Personal Injury Lawsuit Take to Settle?

You have chosen your skilled personal injury attorney and gathered all of the documentation which is required you may be wondering how long will it take for the personal injury case to reach a settlement.

Most personal injury attorneys will tell you that it depends on several variables: you as the client, the insurance company involved, and the insurance company’s attorneys.

How much medical treatment will you need?

One of the main issues for your personal injury claim is the amount of medical treatment you will need after your personal injury. Settlement should not take place until you have received the maximum advantage of post-accident treatment. Your doctor must be able to establish your prognosis and the permanency of your personal injury.

As long as your doctor is able to lay out your medical needs with reasonable confidence, then you may be entitled to collect money for medical bills and treatment that you may need in the future.

You do not want to settle your personal injury claim before a doctor can determine which personal injuries are permanent and which ones may require future medical treatment. If you do, you may be forfeiting money that you may need for future care. Remember, once your case is settled, the agreement is permanent and final.

Personal Injury attorneys are required to relay any and all settlement offers to their clients, and it is up to you, as the client, whether or not you accept the deal. Your injury attorney will give you his opinion as to the fairness of the offer and whether or not you should accept, but the final decision is yours. Cases that are concluded before trial usually take between six and eighteen months.

Insurance Companies and Their Attorneys

Many times, insurance companies, despite your personal injury lawyer’s best efforts, do not offer a settlement that is acceptable. When this happens, you may need to go to trial.

Personal injury trials can delay recovery because your personal injury lawyer will have to prepare for court and work within the court’s schedule. Motions will be filed, arguments will be crafted, and depositions will be taken; all of this takes time. If your personal injury case does proceed to trial, you are looking at anywhere from two to five years.

Insurance companies do not hand over their (your) money without a fight. They are also able to collect interest during the case, so it is to their advantage to delay. Some companies become an impediment to settlement by filing motions and engaging in other delaying tactics. Thankfully, this is the exception and most personal injury lawsuits are settled within a reasonable time frame.

Choosing the best personal injury attorney can be the most important decision you make. Finding a skilled injury lawyer can be invaluable as they help you recover the financial damages that you are entitled to receive.



What are some examples of Personal Injuries?

Personal injury claims can cover a wide array of injuries. For example, if you have been injured from the intentional, unintentional or negligent actions of another person and you can prove you have suffered injury or loss, you may be entitled to compensation.

Consider all the ways that the negligence or the intentional actions of another person can hurt others: medical malpractice, car accident injuries, motorcycle accidents, bicycle accidents, nursing home injuries, birth injuries, premise liability cases, trucking accidents, prescription medications and product liability claims.

For each of these different types of injury claims, assuming you can prove the elements of your claim, you may win compensation for your personal injuries including the cost of medical care, lost wage compensation, property replacement costs and compensation for pain and suffering.

How Can I win my Personal Injury Claim?

Not all injuries are personal injury cases. Compensation for a personal injury case can only be won by proving certain elements of your injury case. Talk to a personal injury lawyer for more information, but generally, you must prove the following:

• First you must prove that the defendant owed you a duty of care.
• Next you must prove that the defendant failed to meet their duty and it was this failure of duty or negligence which was the proximate cause of your personal.
• Finally, you must prove that you have suffered actual loss from your personal injuries. Actual loss can be pain and suffering, but more often it is the cost of medical care or property replacement costs.

Most injury cases can be settled with the defendant’s insurance company, in fact, for car accident injuries some states do not allow the plaintiff to file a car accident claim unless either the seriousness of the injury or the cost of the personal injury reaches a minimum pre-established threshold.

Other claims such as a premise liability claim may be negotiated with the property owner’s homeowner’s insurance company. Consider, however, that the goal of the insurance company may be to settle the claim as quickly and as cheaply as possible. Large insurance companies also have lawyers who work to negotiate claims.

If you have been severely injured or the cost of the claim is high, talk to a personal injury lawyer prior to negotiating a personal injury settlement.

What types of claims do personal injury attorneys fight?

There are a variety of personal injury cases that a personal injury lawyer can review. Many personal injury lawyers specialize in certain types of cases. Find a personal injury lawyer who is familiar with negotiating your specific type of claim. Personal injuries can help with the following cases:

• Wrongful death
• Car accidents
• Airplane crashes
• Product liability
• Slips and falls
• Animal attacks
• Brain injuries
• Bike and pedestrian collisions
• Trucking accidents
• Head and brain injuries
• Pedestrian accidents
• Neck and spinal cord injuries
• Medical malpractice
• Boat accidents
• Construction accidents and OSHA violations
• Blindness



Do I Have A Personal Injury Claim?

Personal injury lawsuits can be complicated and the best way to know for sure if you have a valid claim is to seek the counsel of a personal injury attorney. Prior to contacting a personal injury lawyer, there are several issues to consider prior to filing a personal injury claim.

Proving a personal injury claim

After you are injured in an accident, the first thing to consider is if the accident was caused by someone else’s negligence. Negligence exists when you have been injured or damaged due to another person or entity’s carelessness.

After you have concluded that negligence exists, you and your personal injury attorney will consider a few other things:

* Do you have a genuine injury backed up by medical documentation?
* Is the person or business you are suing, in fact, negligent in the accident?
* Was your personal injury a direct result of this negligence?

Seeking medical treatment after your personal injury claim

To make sure you have a valid personal injury lawsuit, you should visit a doctor immediately after the accident to document the personal injury. This could be key to winning your personal injury lawsuit.

The severity of your personal injury could also help strengthen your personal injury claim. For example, if you had to stay in the hospital or undergo surgery, this obvious evidence of injury could underscore the validity of your personal injury claim.

Even if you did not need to go the emergency room, if you had to meet with a physician regularly because your injury so adversely affected your life, this is also evidence that you have a legitimate personal injury claim.

Look for unbiased witnesses of your personal injury

It is not natural to immediately look around for witnesses following an accident. No doubt you are mixed-up and a little confused. If you have the opportunity, seek out a few bystanders who are willing to talk to you about the incident. They have no personal interest in the outcome of the personal injury claim, and juries place a lot of value in the testimony of an unbiased witness.

Compensation in a Personal injury Claim

What types of damages and compensation can you expect if you win your personal injury claim? If you win your personal injury claim you are entitled to compensation for:

* Medical bills
* Damage to property
* Pain and suffering
* Loss of income due to time out of work

If you and your personal injury attorney believe you can prove damages, you should look at the amounts involved and make sure they are large enough to justify you moving forward with the personal injury lawsuit.

Be prepared to wait for compensation

Personal injury lawsuits can take months or even years to go to trial or settle. Be ready to gather documents and other data to give to your personal injury attorney and opposing attorney. You will be required to take the time to attend depositions and answer questions verbally or on paper through questionnaires that attorneys submit.

Be prepared for insurance companies, opposing injury lawyers and even some of your friends to question why you have filed a personal injury claim, but remember you have the right to compensation for the damages you suffered because of another person’s negligence or carelessness.

Now that you have been fully informed and educated about what it takes to pursue a personal injury lawsuit and you are ready to proceed, contact a personal injury lawyer in your area today.



Helicopter Crashes in NYC Killing One

Pilot Paul Dudley, an experienced commercial pilot who manages a local airport, lifted off near midtown Manhattan and began experiencing mechanical difficulties moments later. Dudley radioed that he was having problems with the helicopter and shortly thereafter, the Bell 206 Jet Ranger lost altitude and plunged into the East River.

“Emergency crews arrived within minutes of the crash to observe the helicopter upside-down in the cloudy water with only the bottom of the skids sticking out. Paul Dudley and three passengers were seen bobbing on the water. The New York Police Department divers pulled Sonia Marra, celebrating her 40th birthday on Tuesday, from the wreckage about 90 minutes after the crash. She was trapped in the back seat and was the only one unable to climb out as the helicopter submerged. She was pronounced dead at the scene.

“Marra was traveling with her mother, stepfather, and a close friend when the incident happened on Tuesday afternoon around 3:30.

“They were visiting New York to celebrate Marra’s 40th birthday. She was given the trip by her friend, Helen Tamaki, 43, who was one of the survivors of the crash. Marra, a British citizen who lived in Australia had not seen her family in years. Her family had also flown to New York and they were all planning to meet up at the Empire State Building later in the day.

“Since the crash, a portrait has emerged of Paul Dudley as a very competent and experienced pilot. He once landed a plane safely when its engine failed in a field near Coney Island. None of his passengers were hurt during that emergency landing.

“Dudley had over 2,200 hours of flight time and was attempting to turn the doomed helicopter around when he realized the trouble.

“The crash set off a huge rescue effort, with dozens of boats and divers involved. Luckily, police officers were conducting counterterrorism drills nearby and they jumped into the water wearing their uniforms to pull the passengers to safety. Rescue paramedics were able to revive Harriet Nicholson and Tamaki, who are in critical condition; Harriet’s husband, Paul is in stable condition at an area hospital. Dudley was able to swim to shore unharmed.

“Dudley told the rescuers that there was someone still trapped in the helicopter. Divers worked to free her from the wreckage, but were too late.

“This area of New York has been problematic for pilots. In 2006, New York Yankees pitcher Cory Lidle died when his light plane he was piloting crashed into a building while he was trying to make a turn over the river.

“This was also the site of the “Miracle on the Hudson” incident when a commercial plane lost both engines and had to make an emergency landing on the Hudson River.

“A fifteen-member NTSB team is now charged with investigating not just what happened, but why.

“Carolyn Maloney, a US rep. who represents Manhattan’s East Side in Congress, said she was “saddened and deeply concerned” over the incident. “There have been at least 28 helicopter crashes in our city over the last three decades,” Maloney said in a statement.

“”Federal transportation officials should investigate not only the causes of this crash, but also whether it is safe to have such a high volume of helicopter traffic over our densely populated city. Had the crash occurred over land, the death toll could have been much higher,” Maloney said.



New Traffic Laws Go Into Effect in Texas

“In case you were unaware, some new traffic laws went into effect in Texas as of September 1st. Hopefully, these modifications will not increase automobile accidents and give personal injury lawyers more business. Here are the new changes:


Texas Speed Limit Law Changes

“There are two main changes to the speed limit laws. The first one keeps the speed limits the same during the day and night. We have all driven the roads that have two different posted speeds, that is no longer. Although the law has officially gone into effect, the signs that list two different speed limits could stay up for months. TxDOT says that drivers should adhere to posted speeds until the changes can be made. State Representative Larry Phillip said, “Texas is the last state that has a nighttime difference. No other state does. So, we need to be consistent.“

“The second part to the uniform speed has to do with truck drivers. There are no longer separate speed limits for truck drivers. They can now travel at the same speed as everyone else on all Texas roadways. This change has drawn some negative feedback from those who are worried that the increased speed for trucks will cause more fatal accidents.

“The other big change is the maximum speed limit now allowed on a Texas highway is 85 miles per hour, the highest in the country. Although no road has a speed limit greater than 80 mph.

“State Trooper Mark Tackett says, “Increased speeds will lead to more accidents whenever you have heavy traffic volume. That’s why the engineers are going to go out and they’re going to survey the particular areas to see if it is safe to do so.”

“David Selman, engineer for TxDOT, said, “It will be based on the speed study. The speed limit may stay at 70 mph.” TxDOT is hiring a consultant to conduct a speed study. This process takes several months. Selman said, “They (hired consultant) will take the 85th percentile and based on that, and the terrain, and the profile of the roadway, they’ll determine if the speed limit needs to be raised.” The deadline for the speed study to be completed is December 31st.

“State Rep. Phillips said that the new laws were very popular in the House and Senate (there were only two “no” votes in the House). “We’ve raised the speed limits out in West Texas on some of the interstates and there have been no adverse conditions. Our vehicles can handle faster speeds so now there will be roads that can accept those faster speeds,” Phillips stated.


Tow Trucks

“A few years ago, a law was passed that required drivers to move over a lane or reduce their speed by at least twenty miles per hour below the posted speed limit when passing an emergency vehicle that is pulled over on the side of the road with its lights blinking. That law now applies when encountering a tow truck, as well. This change will protect tow truck drivers as they execute their job as well as safeguard the drivers that are passing.


Hardship Licenses

“Hardship licenses will now be suspended if the possessor is convicted of two or more moving violations within a twelve month period.

“The increase in the speed limit on highways will be popular among most Texans. Let’s hope that these increased speeds for cars and trucks will not mean more work and new clients for our well-qualified Texas personal injury lawyers.



Reno Air Show Crash Kills Nine

The spectators at Reno’s National Championship Air Races and Air Show were not expecting to witness a horrific crash and subsequent carnage that took place last Friday. The accident has shined a spotlight on the safety of the 10 to 12 million spectators that attend air shows every year in the U.S. and Canada.

“The accident is believed to have been caused by a mechanical problem on the World War II-era plane that crashed onto the tarmac and killed its 74 year-old pilot and eight bystanders (seven died at the scene and two others passed away later at an area hospital).

“Investigators were inspecting the site, collecting pertinent information about the crash near the grandstand shortly after the incident. The amount of videos available should be able to help authorities determine exactly what went wrong.

“As the spectators watched, the P-51 Mustang suddenly jerked upward then nose-dived toward the grandstand. It then flew straight down into the tarmac and disintegrated into thousands of pieces in front of the pilot’s family and his close friends who were in attendance.

“Presumably, the bystander’s injuries and deaths were caused by the flying shrapnel from the wrecked plane. Ryan Harris, a spectator from Nevada said, “It came down directly at us. As I looked down, I saw the spinner, the wings, the canopy just coming right at us. It hit directly in front of us, probably fifty to seventy-five feet.” Harris went on to say, “The next thing I saw was a wall of debris going up in the air. That’s what I got splashed with. In the wall of debris I noticed there were pieces of flesh.”

“John Townes, a pilot from Reno said, “It (the plane) wasn’t quite vertical. It was at a very slight angle and because of that I think it probably saved a lot of people.” It was also fortunate that the plane did not burst into flames.

“Before this past Friday, 19 people had been killed at this event since the Air Races began in 1964, but this is the first time spectators have been seriously hurt or killed. The rest of the events in the air show, which bring in millions of dollars for the local economy, have been cancelled.

“Stephanie Kruse, a spokesperson for the Emergency Medical Service, said that emergency teams transported 56 injured victims to three area hospitals. She also said that she saw other injured people being taken by private vehicles.

“Federal aviation officials and the organizers of the air race spend months planning and preparing for the Reno races. All participating pilots must have up-to-date medical documents and show their competence before they are allowed to fly. The FAA inspects the course and spectator area to ensure viewer safety.

“The FAA has cancelled races before out of concerns for spectator safety and barred certain aircrafts from participating.

““They’ve been talking about the dangers of the air races over the last decade,” U.S. Senator Dean Heller of Nevada said at the scene Friday night. “I would hate to think of what I’ve enjoyed of the air races over the many, many years is that this would be the end to an event like this.”

“Undoubtedly, this tragedy will bring about changes to air shows in the future. The FAA will have to decide if the risk of future personal injuries and deaths will outweigh the personal freedom and enjoyment gained by all those who choose to attend the air shows.



Manny Ramirez Arrested after allegedly slapping wife

Former World Series MVP Manny Ramirez was released from a Broward jail on Tuesday morning, September 13th. He was arrested for allegedly slapping his wife in their South Florida home.

Ramirez, 39, had his bond set at $2,500 during a court appearance before Judge John Hurley. The judge also ordered the former baseball star to stay away from his wife, Juliana Ramirez.

According to Broward County sheriff’s officials, both Ramirez and his wife were having an argument in their home on Monday afternoon when Manny slapped his wife across the face, causing her to fall back and hit her head on their headboard. She told the sheriff that she was afraid the situation might escalate, so she called police.

In the 911 call released by the police, Juliana Ramirez tells the operator, “Hi, my husband just hit me.” When the operator asked her where she was hit, Juliana responded, “My face, my head in the bed, I have a bump on my head.”

“Are you in a room that you can stay away from him?” the operator asks.

“No, he’s not doing anything more because he knows I’m calling police,” she replies.

When officers arrived, Ramirez told them that his wife hit her head after he grabbed her by the shoulders and ‘shrugged’ her, the report stated.

The report went on to say there was red swelling evident on the left side of Juliana’s face, and that there was a contusion on the back of her head which was consistent with her version of events.

One of baseball’s great sluggers, Manny Ramirez, born in the Dominican Republic, began his career with the Cleveland Indians. He was later traded to the Boston Red Sox where he became a superstar. While there, Ramirez won two World Series and was named MVP of the 2004 Series. The Red Sox traded him to the Los Angeles Dodgers in 2008 where he was an instant fan favorite. He led the Dodgers to the National League Title and a sweep of the Chicago Cubs. His clutch hitting earned Manny a two-year, 45 million dollar contract.

Everything came crashing down when Ramirez was suspended fifty games by MLB for violating the league’s drug policy in 2009. He was traded to the Tampa Bay Rays where he retired in April 2011, after testing positive a second time for a performance-enhancing substance. The twelve time All-Star chose to retire instead of facing a 100 game suspension.

After posting the bond, Ramirez walked out of jail, speaking mostly in Spanish. “That’s a closed case,” Ramirez said. “I am the protagonist and I closed it.” When a reporter asked Ramirez to ‘give them something’, he replied “Not my problem.”

Ramirez got into an SUV driven by his sister. She stated, “He’s my brother and we love him no matter what.”


Hiring a Personal Injury Lawyer

If you or a family member has been the victim of abuse, you should contact a personal injury lawyer as soon as possible to understand your rights under the law and the process that will take place in the courts. Don’t wait for the violence to escalate before you contact a skilled personal injury attorney with the knowledge to help you with your situation.



Bat attack at Minnesota Wal-Mart

A trip to a Wal-Mart in Cambridge, Minnesota, turned into a perilous outing for a five year-old girl and her mother when the little girl was attacked by a rabid bat while shopping in the frozen foods section. Zoe Zachrison would normally be enjoying her final days of summer, instead she is undergoing a series of three shots to prevent rabies.

“She is traumatized,” said Holly Townley, Zoe’s mother. “She was sitting in the child part of the cart, minding her own business,” said Townley. They began walking down the frozen pizza section of the Wal-Mart when “the bat flew down the aisle, flew back at us, flew down and landed on her, attacking her and biting her leg.”

Doctors do not know for sure if the bat was rabid, but they are assuming that it is because bats do not generally bite.

Her left leg still has a mark on it from the bite. On her other leg are marks from the rabies’ shots. The attack itself was disturbing, but the rabies’ treatments and side effects are causing even more trouble. “She had a 103 degree temperature, very achy and sore joints – almost as if she were a ninety year-old man,” said Townley. Zoe has been to the emergency room three times since the incident, and Wal-Mart has reportedly refused to help pay for any medical bills.


Walmart Responds to Injury

Dianna Gee, Senior Manager for Media Relations at Wal-Mart, says that the store has a claims process to handle incidents that happen in their stores. “We hired a pest management company but have never had a problem with bats at that store. Management at that store is very concerned about that little girl,” said Gee. “It’s an unusual and unfortunate incident.”

“I think Wal-Mart needs to step up and take responsibility for what happened to her. This was their store and this is their responsibility,” said Holly. She is ready to file a personal injury lawsuit, but right now her focus is on helping her little girl recover. “She’s scared. She refuses to go into stores; she doesn’t want to leave the house.” Holly also says that Wal-Mart claimed that they are not responsible for any costs that arise from the bat attack.


Personal Injury Lawsuits

Although the party who felt endangered and injured by Wal-Mart will most likely file a personal injury lawsuit, success of that endeavor is all too often dependent upon the quality of legal representation and the jury that is involved.

If you feel that you have been injured by the negligent actions of a business, the first thing you must prove is that the business failed in its duty to act with reasonable care for the safety of its’ customers. To prove this negligence, the plaintiff must show that the defendant first owed a responsibility to the plaintiff, that obligation was violated, and that the acts of the defendant (or business) were the cause of the plaintiff’s resulting damages which could have been avoided if the business had not been negligent.


Hiring a Personal Injury Lawyer

While there is always the possibility that this case involving Wal-Mart and little Zoe will proceed to civil court, it is important to note that the majority of personal injury claims are resolved with an out-of-court settlement.

If you or a family member has been injured and you seek advice concerning your situation, please contact a qualified personal injury lawyer who can help put you on the path to recovery.



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