Fire Damage to Properties and People 

Fire InjuryWe have all seen fire trucks passing by us at high speed, their sirens on. We have probably stared at them with great concern. Just thinking about a fire and the possible losses—human and material—can easily make us get goosebumps. But, unfortunately, according to the National Fire Protection Association, fire departments in the United States respond to a fire alarm every 24 seconds.

Fires not only cause monetary losses in terms of properties, homes, and businesses; they also leave behind physical and emotional injuries and, sadly, human casualties. Fire damage is among the top five insurance companies’ claims, proving to be the most expensive one, and this becomes even more so when a lawsuit is filed.

Fires can occur due to a person’s negligence, poor maintenance of facilities, or even because they are intentionally provoked. Fire complaints usually mention the following causes:

  • Fire due to gas leaks causing an explosion
  • Fires due to electrical equipment that has faulty wiring
  • Fires due to poor installation of some equipment both at home and in a business (ovens, water heaters, machinery, etc.)
  • Fire due to mishandling and storage of dangerous chemical substances, among others.

The causes of a fire can be very diverse and can range from an accident in the kitchen, not putting out a cigarette well, making bonfires in forest places, or even lightning striking a tree. With so many causes, determining liability can be complex, and even multiple people can be held responsible for a fire.

Additionally, the damage that is caused by fires do not necessarily need to be as a result of a fire directly touching your property or self.  Damages vary and can include damages caused by ashes or soot that resulted from the fire! 

In any situation, it is vital to consult an attorney who can advise you as to whether file a claim for damages, as Sahar Malek Law, APC, can explain. As with other injury situations, the amount and considerations for compensation vary from state to state. However, the vast majority of states require coverage for the following:

  • Present and future medical expenses
  • Present and future income losses
  • Pain and suffering
  • Property damage, including ash or soot damage
  • Temporary or permanent disability
  • Disfigurement
  • Death

A fire claim can be a very challenging process, so you will want to have an experienced attorney by your side and not go through it alone.  A situation like this is already devastating, and you will want all the support you can get.

On The Job Injury

Personal Injury Lawyer

personal injury attorney

At the point when you are harmed on the job, this can accompany a few frustrations like agony from said injury, and the powerlessness to work, which implies the failure to deal with your monetary obligations. All things considered, your employer at the time of injury usually has what is called workers compensation protection. Worker’s compensation protection is utilized to cover harms your job is expected to take responsibility for, which means a protection strategy that repays laborers that need help subsequent to being harmed on the job. This inclusion helps with doctor’s visit expenses in relation to the supported work injury, and to replace conceivable lost wages. Demonstrating an on-the-job injury is not as simple as an automobile accident. Its troubles differ from one job to another. On the off chance that it tends to be demonstrated that you experienced an injury in connection to your job and not brought about by your own ineptitude, you might have the option to pursue a workers compensation claim.

First of all, the injury you claim to have experienced on the job should be brought about by you doing your job properly or brought about by your employers’ carelessness or negligence. In certain examples, while not on organizations property, a harm while on the job may in any case be your bosses responsibility to cover. For example, going to an office related occasion, or delivering packages.

Worker’s compensation protection only covers official representatives, not self-employed entities, or undocumented employees.

Instances of business-related injuries that are normally covered by worker’s compensation are:

  •     Broken bones
  •     Loss of appendages
  •     Repetitive pressure
  •     Burning or long-lasting scarring
  •     Tissue injury
  •     Depression, stress, or uneasiness

Just as much as they were caused because of business related cases, you are covered by worker’s compensation as a rule.

Since it isn’t generally certain that the wounds endured are in direct connection to your job, it is an insurance agent’s job to view ways not to be found obligated for an injury. Being rewarded by worker’s compensation protection may take time. There are times where your injury just may not be covered. Rather than sorting it out on your own, it is ideal to talk with a gifted personal injury lawyer with experience with worker’s compensation cases. Refusing legal representation keeps you away from the capacity of being either exploited completely or not getting the appropriate recovery for your wounds, and conceivable torment and languishing. Talk with a personal injury lawyer quickly, so you or your loved one can get the compensation they merit.

 

How Can a Wrongful Death Lawyer Help Me?

Wrongful Death Lawyer

Wrongful Death Lawyer

If one of your loved ones passed away due to the negligence of someone else, you need to contact a wrongful death lawyer, like one from Peeples Law, right away. This is important because experienced lawyers will know how to argue your case in court and the best way of moving forward to help you get the compensation you deserve. 

Your Lawyer Will Shoulder the Burden

By having a lawyer on your side, you can focus more fully on funeral arrangements for your loved one, on healing, and on your friends and family. Your lawyer will be able to make sure you meet all of the necessary deadlines, have a good argument to use in court, and will gather any necessary proof that you may need to help your case. He or she will keep you on track while not involving you in every single thing that is happening so that you do not have to worry about all of the little details and paperwork that is necessary in the suit. This makes the difficult process much easier to go through. 

Your Lawyer Will Find Proof

One important thing in a wrongful death case is having evidence that the negligent party is responsible for the death. This may involve an extensive investigation that includes sending detectives or investigators to the scene of the crime, hiring expert witnesses to testify on your loved one’s behalf at a hearing, and your lawyer will likely look at the medical records to see if there is anything in those that can offer proof of negligent actions or inaction. This can be an enormous and exhausting process, but it is very important in any wrongful death case to prove that there was a cause by the defendant. 

You Deserve Compensation

It can be difficult to think clearly during a wrongful death case because you are still grieving the loss of a loved one. You deserve to be compensated for their loss, and the offending party needs to pay for what they have done. Some compensation may include the medical bills you faced because of the accident, funeral costs, and even lost wages that your family will miss out on now that they do not have the loved one around anymore to contribute. A good wrongful death lawyer will know how to calculate this and file for these damages in court. Pain and suffering is also something commonly sought after in a wrongful death case, as 

Contact a Wrongful Death Lawyer Today

Don’t hesitate to reach out to a wrongful death lawyer in Frederick, MD today to set up a consultation to see if you may have a case. The sooner you are able to get a lawyer on your side the faster you can seek justice for the loss of your loved one. A Wrongful Death Lawyer will not be able to bring your loved one back, but he or she will at the very least try to get you compensation for their loss and punish the person who caused your loved one’s death. Set up a consultation today to get the wheels in motion. 

Measurement of Damages

Measurement of Damages Lawyer

measurement of damages lawyer

The determination of losses that a plaintiff suffers involves the consideration of the nature, extent, and duration of the injuries. There are several determining factors that can be constituted in rendering an appropriate amount of money that is sufficient to compensate the plaintiff fairly and reasonably. First, the reasonable medical expenses the plaintiff has necessarily incurred because of the incident, and the medical expenses an individual believes the plaintiff will be reasonably certain to incur in the future because of the incident. Following, the plaintiff’s loss of earning from the date of the incident to present-day, including any loss of earning capacity in which the plaintiff will reasonably be certain to experience in the future because of the injury sustained from the incident. 

Continuing, the reasonable value of household services performed by another, except for the injury, which plaintiff would ordinarily have performed, believing the plaintiff incurred because of the injuries sustained in the incident from the date of the incident to the present. Furthermore, the physical and mental pain, suffering, anguish, disability, and loss of enjoyment of life endured by the plaintiff from the initial date of the incident to present-day. Finally, the physical and mental pain, suffering, anguish, disability, and loss of enjoyment of life which an individual believes the plaintiff will be reasonably certain to experience in the future because of the incident. These criteria are a phenomenal scope in deciding a reasonable and fair sum of money to the plaintiff.

Pain and Suffering Damages

When determining conclusions regarding the amount of pain and suffering an individual sustains, there is no objective standard that is existent in deciding the amount in terms of damages. Instead, the process in which the amount is accumulated is decided upon a reasonable determination that is choreographed through evidence and common sense. 

Pain and Suffering with Aggravation of a Pre-Existing Condition

An individual who has a disability during the time of the incident is not entitled to recover damages. Conversely, that individual is entitled to recover damages if the condition is aggravated from the resulting incident. In addition, this component is true despite whether the condition has made the individual more susceptible to the possibility of ill effects than normally healthy individuals would have been. Damages are limited to the additional injury caused by aggravation.

Future Pain and Suffering with the Involvement of an Expert

There is no need for an expert’s testimony when the individual has clear and observable injuries. This includes any future pain, suffering, anguish, and disability. Contrasting, there are occasions in which the individual involved in the incident does not have injuries that are readily observable, thus determining a sum for damages is not as straightforward as it would be if the injuries were. From this concept, an injury or disability that is subjective, as well as difficult to be readily observed to others, will require expert testimony. Evidentially, expert testimony will be a sufficient condition before a jury can go through the processes of rewarding any future damages.

If you are in need of a local measurement of damages lawyer such as The Law Office of Eglet Adams call for answers to your questions and help with your case. 

 

Taking Action After Slip and Fall Accident



If you were in a slip and fall accident, then chances are you were left with serious and costly injuries. It isn’t uncommon for people to experience painful and debilitating injuries, such as spinal cord damage, broken bones, head injury, lacerations, sprains, and so much more. Those who slipped and fell while visiting a property may have grounds for seeking compensation from the property owner. Unfortunately, many victims just don’t realize that their situation may entitle them to compensation for their injuries, damages, and loss.

If a person or hazard contributed to your slip and fall accident, then it may be time to speak with a lawyer for advice.

The 4 Elements

Injuries that stem from a slip and fall may be pursued under tort, otherwise known as premises liability, which allows individuals who are harmed because of property owner negligence can recover compensation. There are four elements that your lawyer must prove in order to be awarded monetary restitution:

  1. The defendant leased, controlled, or owned the property.
  2. The defendant had been negligent in how they managed the property.
  3. The plaintiff was injured as a result of poor management of the property. 
  4. The plaintiff’s injuries, damages, and loss are quantifiable. 

Statute of Limitations
It is important for slip and fall victims to know that they only have a certain period of time to come forward with a lawsuit against the property owner. Depending on the state, you may have around two years from the incident date before you can no longer pursue compensation. Because of this, victims are encouraged to speak with a lawyer promptly to learn more about their options.

Consider speaking with a dedicated slip and fall lawyer in Green Bay, WI from Hickey & Turim, S.C. about whether your situation entitles you to financial compensation. 

What Are The Leading Causes of Truck Accidents?

It may come as no shock to you but many people don’t know why truck accidents are worse than your standard car accident. When you consider how large an eighteen-wheeler is you may be able to see just how damaging they can be. Putting your standard car next to one makes the car look like a toy. So it is no shock that they are often worse and commercial freight trucks require expert hands to handle. 

When an accident does happen there are typically four main reasons for it. If you or a loved one have been hurt in a truck accident consider talking to a lawyer. You may be able to get compensation for your injuries. 

4 Leading Reasons for Truck Accidents 

Truck accidents rarely just happen because of some fluke accident. There are four leading reasons as to why an accident can happen and knowing the cause may help your case if you have been injured. Here are the four leading reasons as to why truck accidents occur: 

  • Driver Error: Despite the size and impact of truck accidents you can often find drivers that drive recklessly. They often drive drowsy to meet their mileage goals set by their companies despite there being a regulated time. They can also be driving while under the influence or even while distracted. Often drivers will ignore logging the correct time for financial gain, risking driving exhausted. 
  • Poorly Maintained Trucks:  Trucks are driven often thousands of miles per week and if not properly cared for it can become dangerous for everyone on the role. Small things in cars, like wore brake pads or even a cracked windshield, can be dealt with, on big rigs they simply can’t. Without fixing issues right away it can be catastrophic. 
  • Equipment Failure: While defective parts on the truck aren’t always the fault of the driver they can be deadly. A lawyer is going to be able to tell if the trucking company is liable for your accident in addition to the driver. 
  • Improperly Loaded Cargo: When loading a truck it has to be done with the utmost care and in accordance with the law. If something is loaded improperly the contents of the truck may spill onto the road. Even worse if it falls while you are behind it. 

All truck accidents are different from others. Talking to an experienced truck accident attorney, is in your best interest. David & Philpot, PL. have the experience to help you with your claim, as we have years of experience in the field of truck accidents. No one should have to worry about what to do after a truck accident, and that is why we are here to help.

ALWAYS GET THE AUTOPSY

Wrongful Death Lawyer

Often, families approach me – as a Wrongful Death Lawyer – and ask if they should get an autopsy.  The short answer is yes.

The reason it is important to always get an autopsy is because the facts and details from the autopsy will be critical in uncovering important information as to what occurred. This information, in turn, will arm your attorney in prosecuting a wrongful death lawsuit.

An autopsy is conducted by a medical doctor that specializes and studies causes of death.  Usually, the doctor is board-certified as a forensic pathologist.  If the pathologist is employed by a city, county or state, they are also called medical examiners or the “ME”.  Medical examiners are employed to assist the police in murder investigations, and their principal task is to determine if the cause of death was due to some-type of criminal activity.  Yet, since they are investigating the cause of death, medical examiners will often testify in civil wrongful death cases.  Ideally, the medical examiner is free from bias, and thus does not favor the defendants over the plaintiffs.

Other pathologists work in hospitals.  These doctors are either employees of the hospital or have a contractual relationship with the hospital, and thus, some type of relationship with the physicians on staff.  This is unfortunate, because the best things about a forensic pathologist is their objectivity and absence of allegiance to protect the wrongdoers.  Yet, many pathologists that work in hospitals are brave individuals that value the truth over all other considerations.

An autopsy is just additional testing.  One of the key tests performed is the physical autopsy, or dissection.  This means that the medical examiner surgically opens the body of the now dead patient.  The pathologist then removes and evaluates the individual body organs, such as the lungs, liver, brain, and heart. The evaluation is conducted both on a macro level, i.e. what the organ looks like from the outside, but also at the microscopic level.  What could not be evaluated when the patient was alive, because the testing or biopsy could have caused the patient’s death, now can be evaluated on a much deeper level.

Toxicology testing or screening is also a part of an autopsy. The toxicology report evaluates the chemical levels in the blood and, when possible, the urine.  The toxicology tests for chemicals including alcohol, as well as legal and illegal drugs. The toxicology can also determine if a patient was taking too little or too much of their prescribed medication.  

One of the complications of toxicology, when compared to blood testing when a patient is alive, is the effect of the body’s decay.  In many movies and TV, they joke about a body exploding due to the buildup of carbon dioxide in a decaying body. Yet, the decaying can have less humorous effects, including the release of chemicals from the liver and spleen (the key organs responsible for detoxifying the body) into the blood system.  This is called postmortem redistribution or after-death exchange of chemicals.  Most medical examiners will draw blood from a patient’s legs to avoid complications of postmortem redistribution. In the alternative, they will rely upon a forensic toxicologist (a person that studies the effects of chemicals on the blood as the body decays) to determine and calculate the rate of decay, so that the test accurately reflects the chemical levels at the time of death.

Finally, the autopsy includes the pathologist looking and reviewing the medical records – ideally – from an objective perspective – to understand the course and treatment of the patient when the patient was alive.  

A common misconception is that an autopsy is the same thing as a death certificate.  They are not the same.  The autopsy is a detailed study on the cause of death, the death certificate is an administrative procedure.  Even if the death certificate is signed by a doctor, there is no further testing or investigation, and many times, the death certificates are signed a stack at a time.  More often, the death certificate is completed by a coroner.  A coroner is an elected official who does not have any specific medical qualifications. 

Autopsies are extremely important in medical malpractice cases. If there is not a proper autopsy, the defendant doctors will come up with alternative hypotheses as to the cause of death.  This is particularly true when the loved one is older.  Older patients have more medical problems, and the greater the number of other medical problems, the easier it is to blame those problems as the cause of death.

Yet, autopsies are important in other situations where a loved one is killed. For example, in a motor vehicle collision, the defendant could argue that your loved one caused the collision, accusing the victim of having some type of impairment, such a medical condition or being drunk.  The autopsy would “take away” those attempts to shift the blame.

Similar arguments may be made in the event that a loved one drowned or was involved in some type of boating accident.  Defendants never take responsibility, and will look to blame someone else, usually the injured party, with allegations of drug abuse, or use of alcohol. In such situations, a toxicology report would reveal drug and alcohol levels.

Autopsies do not benefit plaintiffs over defendants. Rather, autopsies benefit both parties. Sometimes, the driver that is killed in a DUI was drinking.  Likewise, sometimes folks die when they have heart attacks, seizures, or other reasons.  In one potential medical malpractice case, the family told us their loved one died due to a fall, but on the autopsy, there was no blunt force trauma to the skull.  

As such, the autopsy is one of the best ways to get objective and accurate facts as to the cause of death.  However, there are still times that the autopsy leaves open the question of wrongdoing and fault. Worse, sometimes the autopsy report simply is wrong and leads to the wrong conclusion.  Nonetheless, after litigating for over 20 years, I have found most autopsies more helpful than harmful.  So, when in doubt, get the autopsy.

Roger F. Krause, is a wrongful death attorney in Atlanta Georgia. He holds a masters degree in psychology as well as his law degree.  Roger Krause has been fighting for the family of loved ones for more than 20 years.

Unlawful Snooping

As a privacy lawyer, I am frequently asked about cases that arise out of health care workers who snoop on patients’ private medical records. These are often called HIPAA violations, but usually have nothing to do with the potential legal ramifications. HIPAA regulations protect the confidentiality of certain health information, including the patient’s medical records. However, they do not include a private right of action that vests an individual whose medical records have been accessed without authorization or disclosed to others without authorization the right to sue for money damages as a result of this breach of their privacy. Instead, individuals have to look to their own state law for relief.

Hospital employees frequently snoop upon patient’s records. Any time a celebrity or sports figure is in the hospital, it is common for doctors and nurses within the facility to snoop on the record. In addition, snooping occurs when hospital employees are aware that a family member, romantic rival, love interest, or neighbor is in the hospital. All unauthorized access to a medical record is strictly prohibited by the HIPAA regulations.

In a recent case, a radiology technician employed by the Kaiser Permanente Hospital system accessed thousands of patient records over a period spanning almost 10 years. The hospital system will surely claim that the individual was acting outside the scope of his employment and therefore attempt to evade responsibility. However, the hospital has distinct responsibilities under the HIPAA regulations to prevent these types of incursions.

First, the regulations require that a hospital “ensure” that such privacy breaches do not occur. To do so, they have to engage in a number of practices, including training staff, implementing physical and technical safeguards that prevent access by unauthorized individuals and frequent audits to detect when records are being viewed by employees without a business or medical reason to do so. In addition, depending on the state, laws provide that an employer such as a hospital is liable for the acts of its employee if the acts take place while on work time while using access credentials provided by the employer.

As an invasion of privacy lawyer, if I’m contacted by a client complaining of a HIPAA breach, the first course of action is to request that the client contact the offending provider, whether a hospital, nursing home, or other health care provider, and request an audit of their record. The HIPAA regulations require providers to conduct an audit and report the results of the audit to the patient and to the Department of Health and Human Services. In addition, the affected party can contact the Department of Health and Human Services and initiate a complaint for the HIPAA violation.

If the provider substantiates a violation of the patient’s HIPAA rights, a claim for breach of privacy can be brought to recover compensation for harm caused by the breach of privacy.  Your next call should be to a privacy lawyer.

Collecting Compensation When You’re To Blame for a Motorcycle Crash

Motorcycle Accident Lawyer

As a motorcycle accident lawyer in MD from a law office like  the Law Firm of Frederick J. Brynn, P.C. can explain, when an auto accident occurs, there’s typically one party at fault and another party not at fault. 

If your accident was partially your own fault, is there a way you can collect compensation from the insurer? In the case of a motorcycle accident, there’s a possibility you could collect at least partial compensation when you’re partially to blame.

States With Comparative Fault

In states with a comparative fault system, you can often receive compensation minus the percentage you were at fault for the accident. For example, if your motorcycle accident was 80% your fault, you could be able to collect 20% compensation. To prove you hold less responsibility, you need to have solid evidence, so it’s important to always keep track of witnesses, medical bills and photographs of the scene.

States With Modified Comparative Fault

In states that have a modified comparative fault system, you can receive compensation to a certain percentage if you are less than 50% or 51% at fault for the accident. The percentage threshold depends on the state you’re in. Your compensation would be reduced by the percentage of fault you have in the accident. For example, if you are in a motorcycle accident and the court determines you hold 30% of the blame, you would only be able to collect 70% of the compensation.

States With Contributory Fault

In states that have a contributory fault system, you will not be able to collect any compensation if you hold even a small percentage of blame in your motorcycle accident. For example, if a court determines that by paying better attention, you could have avoided a crash caused by another motorist, you might be assigned a small percentage of blame, such as 5%. Even that small 5% would eliminate your ability to seek compensation.

How To Seek Compensation Elsewhere

If you feel the insurance company isn’t offering you as much as you deserve, you might be able to file a lawsuit. Medical expenses, lost income, pain and suffering, property damages, and punitive damages might be necessary for you to fully financially recover from your accident, and if someone else caused the situation, you should be compensated. A lawyer can help create and file a document to sue the other driver or individual who caused the accident.

Getting Started Today

The law is different from state to state, so when you’re in a motorcycle accident, you should speak with a lawyer who can explain what you’re up against. Contact a motorcycle accident lawyer today so you can get started.

Wrongful Death Lawyer

When you’ve lost a loved one, it’s difficult, no matter the circumstances. However, the circumstances can make it even more difficult, especially when those circumstances involve negligence. Hiring a wrongful death lawyer  can help to bring you and your family closure. The more experienced the lawyer, the better, and the Therman Law Offices, LTD and other similar offices have enough experience under their belts to put your minds at rest while you are trying to grieve and process the death of a loved one. 

Let’s dive into the benefits of hiring a wrongful death lawyer, and how they can help your family and loved ones.

The Legal Process

Your lawyer is going to understand the legal processes that surround a wrongful death. Your lawyer is going to typically specialize in wrongful death cases and have a detailed expertise in this field. This is great because the legal processes can be extensive and often differ between states. Your lawyer is going to have the knowledge to help build your case, from what is relevant to what is not relevant to the case. 

There are legal documents that must be completed and filed, and if they are done wrong your case can fall apart. Having a wrongful death lawyer will ensure that your documentations are filled out right and filed correctly. 

Furthermore, these cases can be time consuming and this is especially true if you attempt to go through this process on your own. You don’t have the knowledge that you’d need to properly navigate the legal situations involved in a wrongful death case, but a wrongful death lawyer does. And they can save you time and money because this process is very complicated and there’s a lot of strict deadlines. 

The details of your case can require a lot of time to determine, especially if you attempt to tackle this by yourself. With a lawyer at your side, though, you can grieve and spend time with your family while you heal from your emotional pain.

Because your wrongful death lawyer has experience in this area, dealing with similar situations to your own, they’ll be able to value your claim. This is more or less a guesstimate of how much your claim is worth, but it’d be a good basis for a starting point, to ensure that you don’t go any lower than what your lawyer values the case at. 

When valuing a wrongful death case, your lawyer is going to take into consideration:

  • Medical expenses that you paid or are in-debted to over your loved one’s care.
  • The cost of the funeral.
  • Any lost earnings or income, especially true if your loved one was the primary “breadwinner” in the family.
  • Pain and suffering of both your loved one and your family.

Wrongful death lawyers have seen a lot, and they’ve handled a lot of different cases with different circumstances. Find a lawyer you trust to help you handle the tedious paperwork and details of a court case, so you can grieve with your family.