The Tragic Case of Wrongful Death

The Tragic Case of Wrongful Death

Losing a loved one is a tragic experience. Firstly, there is the pain and suffering associated with lost companionship. Secondly, there is the financial damage that may result from the death, such as the medical expenses prior to death, funeral expenses, lost wages, and lost benefits like healthcare and social security.

The death is even more tragic if it has occurred because of the carelessness or recklessness of somebody else. According to the website of Mazin & Associates, PC, those who have lost a loved one as a result of a negligent act from another party may have legal options, such as getting compensation for the damages they have sustained.

Medical Malpractice

Health is serious business. Anything that can be considered incompetent on the part of a medical professional can result into worsening complications, and on worst instances, even deaths. Most medical malpractice claims should prove that there is a doctor-patient relationship, that there is a duty of care, that the duty of care has been violated, and the violation has resulted into the injury or death of the patient. Examples of medical malpractice are misdiagnosis, surgery errors, and the use of defective implants.

Premises/Product Liability Cases

Premises liability refers to the legal responsibility of property owners of ensuring the safety of their premises. Failing to do this responsibility may result into accidents and wrongful deaths. The worst premises liability cases involve amusement parks, swimming pools, and resorts.

Product liability has the same concept, only that the legal responsibility is on the designers, manufacturers, and distributors of products. A defective product that has caused a wrongful death is enough grounds to take these parties into court.

Traffic Collisions

Car accidents are some of the leading causes of wrongful deaths. There are a variety of parties that can be held liable for such accidents, such as drunk drivers who have fallen asleep while on the wheel, reckless drivers who are traveling too fast just for the thrill of it, manufacturers of vehicle parts that have malfunctioned, or government agencies who have failed to keep the roads safe.

Workplace Accidents

Some jobs are more dangerous than others, but it cannot be denied that a person may get hurt or killed in any kind of job. Construction workers may be vulnerable to machine accidents, but office workers are not entirely safe, especially of defective office equipment and building facilities. Businesses who fail to make safety rules, managers who fail to enforce safety rules, and manufacturers of defective work materials, are just some of the parties that may be held accountable.

Difference Between An Employee And Independent Contractor

One of the things that employers do to avoid paying overtime is to misclassify employees an independent contractor. Williams Kherkher attorneys will tell you that by doing so, the employee misses out on some important benefits. It is important for you to know the basic difference between the two. If you have been wrongly misclassified, you have the right to lodge a complaint against your employer.

It is important to understand the difference of the two terms for taxation purposes. An independent contractor runs his own business but works for another business. An employee, on the other hand, is hired by a company to perform specific work for them. Aside from that, the IRS determines the difference based on three criteria.

Behavioral Control

An employee is one whose hours of work, tools to be used, and tasks to be performed are controlled by the employer. An independent contractor, on the other hand, sets his own time and requires little or no direction or training.

Financial Control

An employee is paid a salary and hence cannot work for others. An independent contractor, on the other hand, is not bound to the company and hence can work for other companies simultaneous with the company he is working for.

Relationship

An employee enjoys benefits which mean they have a relationship with the company they are working for. An independent contractor meanwhile has a contract but does not give the employer control over them. Likewise, an employee’s work is related to the core objective of the company.

Companies that misclassify their employees may be subject to some liability. If proven, the employer may be liable for paying the past taxes which may include FICA and Federal unemployment tax.

Aside from that, they may also be subject to fines and penalties for violating the Fair Labor Standards Act.

The Lack of Protection of Jet Ski Drivers and Passengers

While training in a lake in Muang district in Thailand, Chantouch, the 14-year-old Thai boy who was declared world jet ski championship in 2015 fell into the water. At about that same time, another jet ski was cruising towards the very area where Chantouch fell. Pol, the 9-year-old boy driving the other jet ski, hit the 14-year-old champion on the head, causing a deep cut to the left side of his face. Chantouch received a major head injury and was pronounced dead in the hospital where he was rushed.

Here in the U.S., sometime in August or September of 2012, 16-year old female Kristen suffered fatal brain injuries after another jet ski rammed her. The other vessel was driven by Tyler, a 20-year old Australian male tourist, at the time of the collision. Prior to the accident, Tyler could be seen (in a cellphone footage taken by his girlfriend) standing on his jet ski, oblivious of the other jet ski he was about to ram and of Kristen’s shouts to warn him of what was about to happen.

The incidences above are just two of the thousands of frightening jet ski accidents that happen around the world. Here in the U.S., records from the Coast Guard say that at least four thousand jet ski accidents occur every year. These accidents result to about 600 deaths and more than 2,600 injuries.

Despite its small size, a jet ski has the power of a real boat and can now run up to 70 miles per hour. Designed to run at high speeds with its drivers and passengers not wearing any form of protection, no wonder they are vulnerable to many different kinds of serious and life-threatening injuries.

Rules and requirements for operating a jet ski vary by state. The most basic ones, however, only says that one needs to: prove that he or she is at least 16 years old (some states have 12 for base age limit); hear a safety lesson, which takes only some minutes; and pay $95 per hour rent fee.

The laws governing accidents that take place on water are not totally identical with the laws that govern accidents occurring on roads and highways. Accidents involving jet skis or other types of recreational boats are better handled by legal professionals whose expertise include the maritime law. For more and better information regarding recreational boating accidents and the best legal action for victims to pursue, please click here: __________________________

Reason Why Carrying Car Insurance was Mandated

Whatever driving history you have, whether you have already been involved in an accident or have been convicted of a DUI/DWI, there is one law that you will need to comply with: the Financial Responsibility law. This law requires drivers to prove their ability to pay for damages due to accidents wherein they are at fault. Non-compliance with this law can result to suspension of your driving privileges, fines and higher cost of insurance premiums. In the event that you do cause an accident, then you may also face a civil lawsuit wherein you would be legally required to compensate your victim for his/her losses and damages.

Proof of financial responsibility may be demonstrated by carrying auto liability insurance, by posting a bond or depositing cash with the state, or by paying the state’s Department of Motor Vehicles (DMV) the required uninsured motor vehicle fee.

Carrying auto liability insurance is the common and cheapest way of proving financial responsibility; this is why as many as 48 states mandate it. New Hampshire and Virginia are the only states where having car insurance is not a requirement, but an option.

The car insurance law was first made compulsory 1925 in the states of Massachusetts and Connecticut. The introduction of this was a result of the obvious signs government officials saw during those times: that cars would crash and cause injuries to people and damages to properties. In these crashes, however, the ones who were really made to suffer were the victims, many of whom were not compensated by the at-fault driver, thus leaving them burdened with the cost of medical treatment and inability to earn wages in addition to their physical and emotional pains and suffering. Thus, to make sure that at-fault drivers will never default on paying their victims, the solution was the car insurance law made compulsory.

Presently, there are two major types of car liability insurance coverage available and the type of coverage that a driver needs to have depends on whatever is mandated by his/her state. In 38 states, the type of insurance required is the tort system, which is actually a system based on “fault.” The at-fault driver is held responsible for all the damages sustained by the victim; however, it is this driver’s insurance provider which will pay the compensation that the victim is qualified to receive.

The other type of coverage, which is mandated in nine states, is the “no-fault” coverage, wherein the drivers involved in an accident would receive compensation or benefits from their own insurance providers, regardless of whose fault the accident is. The nine states where this “no-fault” coverage is mandated are Utah, North Dakota, New York, Minnesota, Michigan, Massachusetts, Kansas, Hawaii and Florida. In the states of Pennsylvania, New Jersey and Kentucky (these are identified as “choice states), drivers have the option to carry either the tort insurance coverage or the no-fault coverage.

Regardless of the type of coverage a state mandates, the basic grievance of drivers is the high cost of premiums that need to be paid. The solution to this is asking for free insurance quotes. These quotes are intended to help drivers find the policy that will best suit their individual coverage needs without hurting their pocket. For more information, contact your local Wausau, WI car insurance lawyer.

Is That Really Nursing Home Abuse?

There is a popular perception of what abuse victims are. They are often plastered on posters with black eyes and scratch marks on their faces, bloodied and cut lips with knocked out teeth showing through – people often assume that physical, violent abuse is the only one that can be proven but little do they know that there are other ways that a person can be hurt.

In the books of any Chicago personal injury lawyer, personal injury is injury that has been done unto the person via a guilty party. These injuries need not necessarily be physical but they can be mental and emotional as well. Physical abuse is relatively easier to spot due to the more ubiquitous evidence but there are ways to tell if there is emotional or mental abuse happening as well.

Nursing home abuse happens when the home does not fit to the standard of care that they are required to comply by. For example, if the home in question does not have enough capable professionals on staff or if the facilities are not sufficient for the people admitted in their care then that can constitute as a kind of nursing home abuse if they continue to operate in the same manner.

Another way to tell is through the behavior of the patients themselves.

Are the relatives or loved ones you had to admit to a nursing home acting out of character than they were before? Perhaps they are more uncomfortable around people or flinch away from the slightest bit of physical contact. These are little traits that can tell a lot about an abuse victim’s situation. A lot of the time, victims of abuse don’t even know that they are in an abusive situation until they are educated about their own rights.

If you know someone who is currently being treated or cared for in a nursing home that is suspected of being abusive (even by neglect), then it is recommended that professional, legal help is acquired immediately in order to get the victims out of that situation as soon as possible.