When a person dies due to the negligence or wrongful act of another, a wrongful death lawsuit may be filed. Wrongful death claims seek to compensate the surviving family members for their loss, such as emotional suffering, financial burden, and loss of companionship.

A wrongful death attorney can assist the family members in filing the lawsuit and obtaining the compensation they deserve. These attorneys specialize in the legal aspects of wrongful death claims and can help families navigate the complex legal system.

In a wrongful death lawsuit, the plaintiff must prove that the defendant’s actions or inactions caused the death. This can include various scenarios, such as medical malpractice, product liability, car accidents, and workplace accidents.

The compensation in a wrongful death lawsuit may include various damages, such as funeral expenses, medical expenses, lost income, and pain and suffering. The damages awarded in a wrongful death case vary from state to state and depend on the case’s specific circumstances.

Working with an experienced wrongful death attorney is important to protect your legal rights and receive the maximum compensation available. These attorneys can investigate the case, gather evidence, and negotiate with insurance companies on behalf of the family members.

While a wrongful death lawsuit cannot bring back the lost loved one, it can help provide some financial stability and closure for the surviving family members. A wrongful death attorney can provide compassionate and knowledgeable guidance throughout the legal process and help family members move forward with their lives.

Who Can File A Wrongful Death Claim?

The laws for a wrongful death lawsuit will vary by state. However, in most states, a wrongful death lawsuit must be started by a representative of the surviving family members. This representative is usually the executor of the estate.

State law will also determine who is considered a surviving family member. Different family members that may qualify include:

Spouse and Minor Children

Every state gives the spouse and all minor children, biological and adopted, to seek compensation for their spouse or parent.

Parents of Unmarried Children

The parents of an unmarried child, minor or adult, can seek wrongful death compensation for losing their loved one.

Life Partner, Common Law Marriage, Dependent Relatives

Some states have made it possible for people who are life partners, live as a common law married couple, or are adult relatives of a deceased person that relied on that person for support to make a compensation claim.

Distant Family Members and Non-Family Members Who Suffered Financial Losses

Some states would allow distant family members, like siblings, grandparents, and non-family members, to claim wrongful death if over 50 percent of their financial support came from the deceased.

Parents of A Deceased Fetus

Some states will allow for a wrongful death suit against the negligent party for the loss of a fetus. However, you must consult a wrongful death attorney to see if your state law allows this type of lawsuit.

Who Can Be Sued For Wrongful Death?

A wrongful death action can be taken against almost any person or entity that was the cause of the accident that caused the death. This includes:

In some states, the government and government agencies are immune from wrongful death cases. You must check with an attorney if this applies to our case.

Congress had also passed a law stating that manufacturers of generic drugs cannot be held liable for personal injury or wrongful death for generic drugs because the FDA had previously approved the medication as safe when it was initially released.

Compensation Available For Wrongful Death

Compensation for wrongful death is very similar to what can be awarded in a personal injury claim. Every state has different laws regarding compensation for wrongful death actions, so you will need to speak with a lawyer to see which types of compensation apply to your case.

Economic Damages For Wrongful Death

Several types of economic damages may apply to your wrongful death case. These include:

Economic damages will vary greatly depending on the decedent’s age, the support they provided, and other factors. You will need to speak with a wrongful death attorney to understand better what types of damages you will receive based on the facts of your case.

Non-Economic Damages For Wrongful Death

Non-economic damages are very subjective because placing a dollar figure on emotional losses is tough. However, the law allows you can seek non-economic damages for the following:

Only two states, Florida and Illinois, allow the surviving family members to seek damages for pain, suffering, and mental anguish that they have experienced due to the wrongful death.

Wrongful death lawsuits may have caps on the amount you can recover for pain and suffering. This will depend on the state in which you live. Speak with your attorney to determine what compensation applies to your case.

The Statute of Limitations

The Statute of Limitations does apply to wrongful death lawsuits. In most states, you have two years from death to seek compensation for losing your loved one. However, some states have a shorter time limit to file a claim.

It is always beneficial to speak with a wrongful death attorney as soon as possible after losing a loved one. This protects your right to seek compensation for a wrongful death case. Exceeding the time limit of the Statute of Limitations will prevent you from filing a compensation claim.

Connect With A Wrongful Death Attorney Today

If you have lost your loved one to any type of negligence, whether from an accident or a defective product, certain surviving family members have the right to seek compensation for their loss. Compensation for wrongful death can help your family with the financial stability they need while recovering from this terrible loss.

If you are ready to speak to a wrongful death lawyer, please click on “Find a Lawyer,” We will connect you with lawyers in your area who can help you with a wrongful death claim. There is no reason to delay; schedule your free consultation today.

Truck accidents are never simple issues. These accidents often cause catastrophic injuries for those in the smaller passenger vehicle and are responsible for many accident-related deaths.

To make matters more complex, federal and state laws regulate the trucking industry, which often has multiple responsible parties and can have more than one insurance company involved in the compensation claim.

This is where a truck accident lawyer can help. They can assist you in navigating the complex legal and regulatory system of the trucking industry and help you secure the compensation you deserve for your injuries and losses.

A skilled truck accident lawyer will be familiar with the laws and regulations governing the trucking industry and know how to identify potential violations that may have contributed to the accident.

A truck accident attorney will work to establish liability and help you obtain maximum compensation for your losses, including medical bills, lost wages, and pain and suffering.

They will also have experience dealing with the insurance companies involved in the compensation claim. They will know how to negotiate on your behalf to ensure you receive a fair settlement.

Sometimes, they may need to take the case to court to ensure you receive the compensation you deserve.

If you or a loved one has been involved in a trucking accident, it is important to seek the guidance and representation of an experienced truck accident lawyer. They can help you protect your rights, navigate the complex legal system, and secure fair compensation for your injuries and losses.

Common Causes Of Trucking Accidents

Trucking accidents can happen for any reason. However, a few reasons are more common than others. Some of the most common reasons for trucking accidents include the following:

Driver Fatigue

Tight deadlines are one of the leading causes of driver fatigue. Truck drivers with fatigue pose a threat to other drivers because;

Some drivers will use caffeine and other stimulants to stay alert while driving when they are fatigued. These stimulants may wake the driver, but fatigue still diminishes their driving skills.

Equipment Failure

Improperly maintained trucks and trailers can lead to an accident. Drivers put a lot of mileage on these trucks, and maintenance is required more often. Bad tires, brakes, or lighting can lead to an accident.

Trailers that have been hooked up improperly also present a danger. Trailers loaded incorrectly can also cause a truck to jackknife or tip over.

Driver Errors

Indeed, having legal representation is critical for anyone involved in a trucking accident. As previously mentioned, these accidents are complex and can have multiple responsible parties, such as the truck driver, trucking company, or manufacturer.

A skilled truck accident lawyer can investigate the accident, review evidence, and determine who is liable for the accident. They can also handle negotiations with insurance companies to ensure you receive maximum compensation for your losses, including medical expenses, lost wages, and pain and suffering.

Additionally, having a truck accident lawyer can help protect your rights and ensure you do not inadvertently waive any critical legal protections. The legal system can be complicated and intimidating, but a truck accident attorney can provide guidance and support throughout the legal process.

If you have been involved in a trucking accident, it is vital to seek legal representation as soon as possible. This can help to ensure that evidence is preserved and your rights are protected. Contact an experienced truck accident lawyer to discuss your case and options for pursuing compensation.

Federal and State Laws Apply To Truck Accidents

Title 49 of the Federal Code of Regulations is where you will find a bulk of the laws regarding the trucking industry. These regulations set the standards for the trucking industry, including owner-operators and company truck drivers.

These laws regulate everything from how many hours a driver can work daily to how much weight a truck can carry.

Drivers cannot work more than 60 hours in 7 consecutive days and cannot drive more than 11 hours in one day. Drivers must have a 10-hour break between shifts for rest, and if they take a day off during the week, they still cannot exceed 70 hours of driving time in an 8-day period.

Federal law requires that every driver keep a log book showing the hours they were operating a vehicle. Most log books are now digital records connected to the truck so that the log book records the time the vehicle is moving automatically.

Your attorney will investigate the driver’s logbook to see if they operate outside these guidelines. Violations of federal laws can hold additional penalties for the driver or trucking company.

State laws also affect the trucking industry. States have the right to determine how fast a truck can operate on its roads if there are designated truck lanes or routes that must be followed and may also have additional sleep or time off requirements for drivers. These laws will be evaluated for compliance when a truck accident occurs.

Who Is Liable For A Trucking Accident?

You may be surprised to know that when a trucking accident happens, the driver may not be the responsible party or could be one of many responsible parties for the event.

Parties that could be held responsible for a truck accident include:

Truck Driver

The truck driver can be held responsible for the accident if it is found that they acted negligently behind the wheel. This applies to company drivers as well as owner-operators. Negligent actions can include failing to obey traffic laws to distracted driving.

Truck Company

Trucking companies often try to shield themselves from the responsibility of trucking actions by using independent drivers to move their goods. However, many factors must be addressed to see if the company still had responsibility for the accident.

Having an attorney manage your truck accident claim will ensure that the trucking company is evaluated for any responsibility for the accident, even if the driver was a contract driver.

Owner of the Trailer

The trucking industry is unique in the fact that many of the trailers that are on the roads are not owned by the driver or the trucking company that is managing the shipment. Many companies own trailers and contract truck companies to move their filled trailers.

If these companies do not adequately maintain these trailers, they can be held responsible for any accident resulting from trailer failure.

The Company that Loaded the Trailer

Trailers must be explicitly packed to ensure they move safely down the road. This includes weight distribution on the axles and ensuring the cargo is secured and will not move during transport. If the company that packed the trailer did not follow these guidelines, they could be held responsible for any accidents resulting from their negligence.

Maintenance Company

If the company performing maintenance on the truck and trailers can be found negligent if the maintenance work was not performed correctly or if the wrong parts were used.

Manufacturer of Parts

If it is found that a wrong part was responsible for the accident, the manufacturer can be held responsible for the accident. This can include the original manufacturer or any after-market parts used on the vehicle.

Steps To Take After A Truck Accident

After a truck accident, there are several steps you should take to ensure your rights as an injury victim are protected.

The first and most important step is to contact emergency services and get immediate medical attention. The injuries from a truck accident can be severe, so it is essential to seek medical evaluation as soon as possible.

Next, you must document everything you can remember about the accident. This can include taking pictures at the accident scene, noting the weather and road conditions, and writing down any details you remember about the incident. This information can help build a solid case to support your compensation claim.

Contacting a truck accident attorney as soon as possible is crucial. Trucking accidents are complex issues, and it will always be in your best interest to have legal representation. An experienced attorney can help gather evidence, build a strong case, and negotiate with insurance companies to ensure you receive fair compensation for your injuries and losses.

During the investigation, your attorney may also be able to identify additional parties responsible for the accident, such as the trucking company or the truck’s manufacturer. This can significantly impact the outcome of your case and the compensation you receive.

The most critical steps after a truck accident include the following:

By taking these steps, you can protect your rights and ensure that you receive fair compensation for your injuries and losses.

Speak To A Truck Accident Lawyer Today

Being involved in a truck accident is traumatizing. When trying to manage your injuries, you should not face all of the complicated legal issues after the accident yourself.

To be connected with a truck accident attorney in your area, please click the “Find a Lawyer” button. We will connect you with local attorneys with the skills you need to manage a trucking accident claim.

The spinal cord is the bundle of nerves that runs through your backbone(spine) and is responsible for all your body’s functions. The nervous system carries messages from your brain to all body areas. Damage to your spinal cord can result in loss of bodily functions, paralysis, or loss of sensations.

These injuries are devastating to the injury victim and their families. Injuries to the spinal cord will require extensive therapies and life-long care. Families face extraordinary medical costs when caring for a spinal cord injury.

If your spinal cord was injured during an accident that was not your fault, you can seek compensation for your injury and losses.

Causes Of Spinal Cord Injuries

Spinal cord injuries are always a result of a traumatic injury or blunt force contact to the spine. Car accidents, followed by falls, are the most frequent cause of spinal cord injuries. A tiny percentage of spinal cord injuries are attributed to violent acts, sports activities, or medically related injuries.

Lawsuits Associated With Spinal Cord Injuries

Spinal cord injuries can have significant and long-lasting impacts on individuals’ lives. As a result, lawsuits may arise in various situations where negligence or wrongful actions have led to such injuries. Here are some common scenarios where lawsuits may be associated with spinal cord injuries:

Personal Injury Claims:

Spinal cord injuries often occur due to accidents, such as car crashes, slip and falls, construction site accidents, or sports-related incidents. In these cases, if the injury was caused by another party’s negligence or reckless behavior, the injured person may file a personal injury lawsuit to seek compensation for medical expenses, lost wages, pain and suffering, and other damages.

Medical Malpractice:

Spinal cord injuries can also result from medical mistakes, such as surgical errors, anesthesia errors, or misdiagnoses. If a healthcare professional’s negligence or failure to adhere to the standard of care caused the spinal cord injury, the affected patient may have grounds for a medical malpractice lawsuit.

Product Liability:

Defective products, including medical devices, vehicles, or safety equipment, can sometimes lead to spinal cord injuries. In such cases, the injured person may pursue a product liability lawsuit against the manufacturer, distributor, or seller of the faulty product.

Workplace Accidents:

Spinal cord injuries can occur on the job, particularly in industries with hazardous conditions. Employees who sustain spinal cord injuries due to workplace accidents may be eligible to file a workers’ compensation claim, seeking benefits for medical expenses and lost wages. In some cases, if a third party (not the employer) was responsible for the injury, a personal injury lawsuit may be pursued against that party.

Premises Liability:

Property owners have a duty to maintain safe conditions on their premises. Suppose a spinal cord injury is caused by a dangerous condition, such as poorly maintained premises, inadequate security, or unsafe facilities. In that case, the injured party may bring a premises liability lawsuit against the property owner or manager.

Intentional Torts:

Rarely, spinal cord injuries may result from intentional harm, such as assault, battery, or other criminal acts. In these instances, the injured party may file a civil lawsuit against the perpetrator seeking compensation for damages.

Insurance Companies Will Fight Spinal Cord Injury Claims

Comparative negligence is a defense strategy that the insurance company may use to show that the injury victim is partially at fault for their own spinal cord injury.

The insurance company may argue that the injury victim was not exercising reasonable care and caution when they suffered the spinal cord injury. They may argue that the victim’s actions contributed to the accident, and therefore, they are partially responsible for their injury.

This defense strategy is commonly used to reduce the compensation the insurance company must pay.

Accepted risk is another defense strategy that insurance companies may use to avoid paying spinal cord injury claims.

The insurance company may argue that the injury victim knew of the potential risks associated with a particular activity and assumed the risk.

This defense strategy is commonly used in cases where the injured victim participates in high-risk activities such as skydiving, bungee jumping, or extreme sports.

If the insurance company can successfully prove that the injury victim accepted the risks associated with the activity, they may not be liable for the injury victim’s spinal cord injury.

Other common excuses insurance companies make to avoid paying spinal cord injury claims to include disputing the injury’s severity or the cost of the required medical care and therapies.

The insurance company may argue that the spinal cord injury is not as severe as the injury victim claims, and therefore, they do not need as much medical care and therapies as they request.

The insurance company may argue that the medical care and therapies are unnecessary or too costly. In these cases, the insurance company may attempt to negotiate a lower settlement with the injury victim, leaving them with insufficient compensation to cover their needs.

It is essential for injury victims with spinal cord injuries to seek the assistance of an experienced personal injury attorney to protect their rights and secure the compensation they deserve.

An experienced attorney can help injury victims gather the necessary evidence to prove liability, establish the full extent of their injuries and the costs of their medical care and therapies, and negotiate a fair settlement with the insurance company.

Spinal cord injuries can devastate an injury victim’s life, and insurance companies are often aggressive in their efforts to avoid paying claims for these injuries.

It is crucial for injury victims to be aware of the common excuses insurance companies make to avoid paying claims and seek legal representation to protect their rights and secure the compensation they deserve.

Comparative Negligence

One of the tactics that the insurance company will try to use is comparative negligence. They will look for ways to show that the injury victim was partially responsible for the accident or injury.

Suppose they can show that the injury victim was even partially at fault for the accident or injury. In that case, they can significantly reduce the claim’s value or deny it altogether.

Accepted Risk

The insurance company may try to say that the injury victim willingly accepted risk in participating in an activity, such as rock climbing. Therefore they are not obligated to cover the injury.

Having a spinal cord injury attorney manage your compensation claim can help you avoid complex issues like these with your case.

Compensation Available For Spinal Cord Injuries

When a person has been injured in an accident that was not their fault, they have the right to seek damages from the responsible party. These damages include economic and non-economic forms of compensation.

When an injury includes a spinal cord, it is easy to understand that the compensation package will be much larger than other types of injuries. This is because most spinal cord injuries require lifelong medical care and loss of earning capacity.

If you have been involved in an accident that has damaged your spinal cord, you may be entitled to one or more of the following types of compensation:

Economic Damages

Non-Economic Damages

Additional forms of compensation may be available to the injury victim based on the facts of their case. Speaking with an attorney will help establish the types of compensation that apply to your claim.

Get Help From A Spinal Cord Injury Lawyer

Spinal cord injuries are catastrophic events that will change the injury victim’s life. Insurance companies will be very aggressive about these types of claims, and it will always be in the injured party’s best interest to have legal representation for their claim.

To get help with your case, click “Find a Lawyer,” and we will connect you with attorneys who manage spinal cord injury claims. You do not have to face the insurance companies on your own. Schedule a free case evaluation today.

Unfortunately, slip and fall accidents are all too common and can result in various serious injuries. Despite the frequency of these accidents, it is important not to underestimate their severity.

As the victim of a slip and fall accident, you can seek compensation for your injuries and any financial losses incurred.

It is crucial to remember that the burden of proof lies with the victim to demonstrate that the accident resulted from the property owner’s negligence.

Seeking legal representation when pursuing a compensation claim for a slip and fall accident is highly recommended.

An experienced slip-and-fall attorney can assist in gathering evidence to support your claim and building a solid case to prove the property owner’s liability.

This includes conducting interviews, examining medical records and accident reports, and identifying potential witnesses or security footage.

A skilled attorney can help negotiate with insurance companies to ensure you receive the maximum possible compensation for your losses, including medical bills, lost wages, and pain and suffering.

Without legal representation, slip-and-fall victims may be at a significant disadvantage when attempting to navigate the legal system and secure fair compensation.

Having an attorney well-versed in premises liability law can significantly affect the outcome of a slip-and-fall case.

If you have been injured in a slip and fall accident, it is crucial to recognize the severity of your injuries and your right to seek compensation. However, given the legal burden of proving negligence, seeking the guidance and representation of an experienced slip-and-fall attorney is crucial to ensure a fair outcome for your case.

Keep reading to learn more.

Causes Of Slip And Fall Accidents

While there are numerous ways that a slip and fall accident can happen, some causes of these accidents are more common than others. The most common reasons for slip and fall accidents include the following:

Understanding The Obligations Of The Property Owner

The safety of guests on their property is the responsibility of property owners, whether it is commercial or personal property. Unfortunately, slip and fall accidents can happen anywhere and result in serious injuries.

It is crucial to understand that warning signs such as “wet floor” do not excuse the property owner from their obligation to keep their property safe for use.

The use of these signs can indicate that the property owner knew of the potential hazard and failed to take any corrective action. It is important to document any evidence at the time of the accident to prove negligence on the part of the property owner.

Take photographs of the accident scene, including the hazard that caused the fall. If taking a picture is not feasible, document the problem in the official accident report. These steps can help support your compensation claim and show that the property owner was responsible for preventing the accident.

When a slip and fall accident occurs, the property owner may quickly try to correct the problem after the fact. Documenting the hazard and any injuries sustained in the accident is still essential.

Seeking legal representation is a wise decision as proving that the slip and fall accident was due to the property owner’s negligence can be challenging.

A slip and fall injury can cause severe pain and financial losses and have long-lasting effects. Seeking compensation for your losses is your right as the accident victim.

Proving the property owner’s negligence can only be challenged with legal representation, so consulting a personal injury lawyer experienced in slip and fall cases is crucial.

They can help you collect evidence and establish liability to obtain maximum compensation for your losses.

What To Do After A Slip And Fall Accident

You should take steps after a slip-and-fall accident to protect your rights as an accident victim. These steps include:

File An Accident Report

Immediately notify the management or owner that you have fallen and complete an accident report. Make sure to include as many details as possible about the fall, including the conditions of the area where you fell. If there were witnesses to the accident, ensure their names and contact information are included. Take pictures if possible.

Seek Medical Care

Seek immediate medical care for your injuries. Even if the injuries seem mild at the time, it is vital to have a medical exam. Many injuries do not appear immediately or cannot be “seen.” Let a medical professional check you out to ensure no fractures, concussions, or internal injuries. Never risk your health.

Speak With A Slip and Fall Attorney

Before making official statements to the insurance company, you must speak with an attorney. Slip and fall cases can be very complex, especially when proving negligence on the part of management or property owner, and you do not want to give the insurance company any information that can be twisted against you.

Follow All Medical Advice

You must follow through with all medical advice and appointments. When you miss treatments or appointments, the insurance company takes this as an indicator that you are completely recovered from the accident.

How A Slip And Fall Lawyer Can Help You

It is common for the insurance company to tell you that you do not need a lawyer for a slip-and-fall accident. They will tell you that this is a “simple” process and that there is no time for attorneys. This should set off alarm bells.

Having an attorney manage your claim will give you the following benefits:

Your attorney will also provide valuable guidance throughout the claim process.

How To Pay For A Slip And Fall Attorney

Most slip-and-fall attorneys work on a contingency basis. They do not require you to pay any upfront legal fees to represent your claim. Your legal fees are only paid when they win your case.

Your attorney will explain their fees and the other legal costs associated with your claim. These fees will be deducted from any settlement that you receive. If you agree to these terms, they will have you sign a contract and then manage your claim.

Compensation Available For Slip and Fall Accidents

There are many different types of compensation available to injury victims. Your attorney will explain what types of compensation apply to your claim. Some of the forms of compensation available include:

Other forms of compensation may be available. Compensation is based on the facts of a case, so it is essential to speak with a lawyer to find out which ones apply to your accident.

In Conclusion

Slip and fall accidents are frequent in our communities and can cause severe injuries, often with life-changing consequences. Recognizing the seriousness of a slip and fall injury and the victim’s right to seek compensation for their injury and financial losses is essential.

However, proving that the accident was due to the property owner’s negligence is a legal burden that the victim must demonstrate. Thus, having legal representation is crucial when pursuing a compensation claim for a slip and fall accident.

Working with a skilled slip-and-fall attorney provides the experience and resources to gather evidence, build a strong case, and prove the property owner’s liability. They will help you negotiate with insurance companies to ensure you receive maximum compensation for your losses, including medical bills, lost wages, and pain and suffering.

It is also essential to understand the obligations of property owners to keep their premises safe for visitors. Warning signs do not excuse them from liability if an accident occurs, and documenting any evidence during the accident is crucial to prove their negligence.

After a slip and fall accident, seeking medical care, filing an accident report, and speaking with an attorney are necessary steps to protect your rights as an accident victim. Slip and fall attorneys often work on a contingency basis, so there is no upfront cost to hire them.

Contact A Slip And Fall Lawyer Today

If you have been injured in a slip and fall accident, do not delay speaking with a lawyer. The Statute of Limitations applies to slip and fall cases, so delaying filing a claim can harm your case.

If you want to connect with an attorney who handles slip and fall accidents, click on “Find A Lawyer.” We will be pleased to connect you with an attorney in your area that can help you with your slip and fall accident claim.