Starting a new venture can be exciting and challenging. It is important that you hire a lawyer too as all companies, irrespective of their size needs legal representation. When you start your business, you will find that you need legal guidance at every step and at different phases of the business life, from the initial incorporation to raising capital for expansion to hiring employees, you need the services of a good lawyer. It goes without saying that most businessmen cannot handle the legal matters in a way that professional and competent lawyers can.
You may wish to file a wrongful death claim if a loved one has passed due to negligent actions by a third party. The claim can only be possible if the death was caused by negligence or intentional acts of violence. A claim’s purpose is for family members to pursue damages from the death. However, this can be a difficult process because wrongful death statutes vary between states and particular details of the case at hand. It is usually best to hire a wrongful death attorney to help you through this difficult time.
Who Can File For Wrongful Death?
The law is very specific about who can file a claim of wrongful death, though the laws vary by state. Eligible people who can file are typically next of kin: first are surviving spouses, then children, then parents of the deceased and so on. You do not have to be a family member to file a claim, but you must:
- have suffered financially because of the person’s death
- Was a financial dependent of the deceased
Often multiple family members come together to file a claim of wrongful death and that is a good approach to take. You would rather take on a single lawsuit altogether rather than multiple separate ones for the same death.
What Damages Can You be Compensated for?
The best outcome of a wrongful death claim is for the family to receive compensation for the damages caused by their loved one’s death. There are multiple damages one can cite in a claim including:
- Cost of the funeral
- Medical Treatment Expenses
- Monetary damages like lost wages, inheritance and other financial contributions of the dead to the surviving family members.
- Psychological and emotional damages like pain and suffering
What Happens to the Estate?
Wrongful death awards are disbursed regardless of how the deceased’s will organizes asset distribution. Although laws vary between states, an award is usually distributed forst to the members of the family that experienced the most damages and then just filters down the line. This can be stressful for families because they are responsible for ensuring the distribution. If the family cannot agree, then the court must make the decisions themselves and they might not distribute the money the way some family members expect.
Hiring an estate planning lawyer can help you sort out these issues before you pass so that your family can avoid these difficult situations. Call a wills and trusts lawyer Scottsdale AZ depends on about your case and seek the justice you deserve for this tragedy.
Thanks to our friends and contributors from Arizona Estate Planning Attorneys for their insight into estate planning.
Recent research conducted by the National Safety Council states that residential pools are responsible for nearly 80 percent of all drownings that occur. If someone is injured in a swimming pool, a homeowner could be susceptible to a lawsuit. You may think twice when considering whether or not you want to own a pool as the prospect of potential lawsuit can be fairly stressful. Luckily, there are steps that can be taken to prevent injuries from occurring in the event that you are a pool owner.
Duty of Care
It is the responsibility of the property owner to keep visitors of their pool safe from harm. It will be important that any dangers on the property be repaired immediately. If this doesn’t occur, a property owner will need to be mindful in warning guests of the potential danger ahead of time. A property owner puts themselves at risk for potential lawsuits if they do not practice diligence when it comes to duty of care. There are a number of injuries that a homeowner should be concerned about. Although drowning may be at the forefront for most other types of injuries include:
- Slipping and falling on water
- If a person were to get hurt on a diving board
- Injuries could be sustained from any damaged equipment around the pool
What if Someone Trespasses?
As a homeowner, you could be held responsible for damages if a trespasser is injured in the swimming pool of a homeowner. As frustrating as this may be, a vital part of avoiding lawsuits is taking care of any dangers that may be on the property, regardless of who is visiting.
In order to mitigate liability, it is important to always be aware of who is accessing your pool. Always be present and supervise when children are swimming in your pool. People under the influence of drugs or alcohol should not be allowed in your swimming pool. Any children who do not know how to swim should be required to wear a life jacket. Other important measures to be taken when you are the owner of a pool include:
- Fencing surrounding the pool area
- Locked gate
- Lighting around the pool to prevent people from falling into the pool
You will always want to make sure that the pool is safe for people to use by checking the chemical levels, and ensuring that it is structurally sound by looking over railings, diving board and the slide.
When you are a swimming pool owner, you will want to make sure that you are covered by insurance. Always be honest with your insurance company. An insurance policy to cover damages will be important in the event that someone is injured in your pool and a lawsuit is filed against you. You may not be covered by your insurance company if you do not disclose to them that you have a pool. Consult with an experienced attorney such as the brain injury lawyer Phoenix, AZ who practices all personal Injury areas.
Thanks to authors at Kamper Estrada LLP for their insight into Personal Injury.
If you have been injured on the job, you may be wondering how workers’ compensation might be of benefit to you. There are many aspects to the program that you should be aware of before accepting payments. In addition, you may be best served by contacting a workers’ compensation lawyer who can provide you with more information specific to your situation. The law provides that an injured worker must inform their employer of their workplace injury within a certain period of time. After that time, they can no longer apply for workers’ compensation benefits. If the worker opts to pursue a personal injury lawsuit against the employer or third party responsible for their injury, they must file it before the statute of limitations. These time limits for notifying the employer and filing a lawsuit vary by state. If you are injured at work, you should qualify for workers’ compensation benefits even if you caused the accident due to your carelessness or negligence. Unlike personal injury lawsuits which allow the plaintiff to include pain and suffering as damages, workers’ compensation benefits do not provide compensation for the victim’s pain and suffering. Benefits are intended to cover medical treatment costs, a percentage of lost wages, medications, and necessary medical equipment such as crutches.
A workers’ comp lawyer Milwaukee, WI, recommends can review your circumstances and determine if you may be eligible for additional benefits or payments related to your injury. When an injured worker accepts workers’ compensation benefits, they must agree to not sue their employer for their injury. If you decide to pursue a lawsuit, then you must not have already signed an agreement for workers’ compensation. Even though you were injured while on the job, workers’ compensation benefits will not provide payments equal to your wages. Rather, it will be a percentage of your wages. This will vary by state and a workers’ compensation lawyer can provide you with more specific financial information. In order to qualify for workers’ compensation benefits, you will likely have to undergo an examination by a physician who is pre-approved by the workers’ compensation board. The physician will have to assess your injury, and the board will make a determination as to whether or not you qualify for benefits. Though you can see your own physician for an assessment, they will not have a bearing on your benefits unless they are also an approved doctor. If you were injured while on the job, contact a workers’ compensation lawyer to discover your legal options.
Thanks to our friends and contributors from Hickey & Turim SC for their insight into workers’ compensation.
Riding a motorcycle is an experience that is enjoyed by many, whether driving through the mountains or commuting to work. Although this can be an excitable recreational activity, if you were in an accident and did not take the appropriate safety measures, you could be severely injured. It is incredibly common to suffer from a head injury as the result of a motorcycle accident. Chances of suffering from a traumatic brain injury decrease greatly by wearing a helmet. If you are in an accident with a helmet, the impact on your head will greatly reduce.
Helmet Requirements by State
Helmet laws vary by state, in some, it is not illegal to ride a motorcycle without a helmet. Despite this, if you were not wearing a helmet and had an accident, an insurance adjuster may hold it against you. Insurance adjusters will blame your injuries on your failure to wear a helmet. This could occur regardless of whether or not another driver was at fault. In some cases, they have made it very difficult to obtain an award, and may even reject a victim’s claim.
When the Courts are Involved
Thankfully, it is more common for the courts to favor a motorcyclist, regardless of whether or not they were wearing a helmet. As a result, you will not be penalized for not wearing a helmet if you were to attempt to recoup for:
- Lost Wages
- Emotional Distress
- Medical Bills and Expenses
- Pain and Suffering
- Property loss
In some states, the lack of a helmet is not even considered evidence that could be used against a motorcyclist. As a result, the court will not find you negligent in the event that you did not wear a helmet. You may be entitled to receive compensation if the person who caused the accident is found negligent.
A Helmet Could Save Your Life
Although you are not required to wear a helmet in all states, it’s still a good idea to do so. Wearing protective clothing and gear can make all the difference when it comes to mitigating injuries in an accident. Be sure to wear appropriate clothing such as:
- Riding boots
- Long pants
When it comes to a motorcycle accident, wearing the appropriate gear can mean the difference between life and death. Before you get on a motorcycle, remember the importance of wearing a helmet when tempted to go without one.
It is wise to always wear a motorcycle helmet when enjoying the open roads. A motorcycle accident attorney Phoenix AZ trusts may be able to provide further information if you have suffered a motorcycle accident. In most cases, accident attorneys offer their initial consultation for free, meeting with them is at no risk to you financially.
Thanks to our friends and contributors from Lorona Mead for their insight into motorcycle cases.
Fifty-two-year-old Dave Lewis, a New York City coach bus driver, was just charged for his role in the death of a banker who was killed while riding a bike from the city’s Citi Bike share program, reports the New York Post (http://nypost.com/2017/10/31/bus-driver-charged-in-first-citi-bike-fatality/). The bus driver was charged with a misdemeanor and violation in the wake of the June death of Dan Hanegby, an investment banker with Credit Suisse and a former sergeant in the Israeli Army.
Lewis’ attorney issued a statement calling the incident a “tragic accident” and noting his client was still distressed over it. The defense attorney also stressed that this was simply an accident and that his client did not commit any crimes.
Allegedly, the bus driver told a witness he was driving on 26th Street close to Eighth Avenue in the Chelsea neighborhood when he honked the horn of his bus at Hanegby, whom he says was biking in the middle of the road with headphones on.
Once the bus passed Hanegby at around 8:15 in the morning, Lewis reportedly said he felt “something” and heard noise coming from outside the bus. When he looked in the bus’s mirror, he saw Hanegby on the ground.
Law enforcement says that 36-year-old Hanegby, a father of two, was sandwiched between the bus and a parked car, so he lost his balance. He fell off of his bike and ended up under the rear wheels of the commuter bus being driven by Lewis. The banker was rushed to a nearby hospital and pronounced dead a short time later. Lewis remained on the scene of the accident to wait for police.
The Citi Bike ride-share program started back in 2013. According to a program spokesperson, this is the first time a bike rider participating in it has been killed.
Known as a gifted tennis player who was once ranked the top player in Israel at the age of 16, Hanegby was born in Tel Aviv and joined Credit Suisse back in 2014 after a stint at Morgan Stanley.
Lewis is facing a maximum of 30 days in jail if he is convicted of the top charge, which is causing physical injury because of a failure to observe the right of way. He has also been given a violation for not exercising due care in connection with the incident. Since being charged, he was released without bail and has declined to comment on the case.
Any time a vehicle hits a bicyclist, the consequences can be devastating. The sheer difference between the sizes of the vehicles and the lack of protection a bicyclist has often makes these types of accidents very dangerous for the person on the bike. Drivers of larger vehicles, such as a bus, do not always pay enough attention to the road and heed the right of way as they are supposed to.
If you have been injured while on a bike, you have rights. Speak to an experienced lawyer, like a bike or bus accident lawyer Denver CO relies on, about your case as soon as possible.
Thanks to our friends and contributors from Richard J. Banta, P.C. for their insight into bus accident cases.
Though airbags are used as a safety measure to prevent injuries, they can sometimes be the cause harm to those in the vehicle. As ironic as it may seem, airbags have a very strong force, so if proper safety measures are not taken or they malfunction, they they can be harmful and injuries.
How do Airbags Function?
Airbags are deployed in the event of a near head-on collision of the car. The airbags are located behind the steering wheel, behind the dashboard on both the driver and passenger side and often on the sides of the car in the front doors. When a car hits another object, sensors are triggered by the impact which inflate and deploy the airbags within 1/20th of a second. Immediately after the airbag makes contact with a person, an ignitor releases a gas into the bag causing it to deflate.
Ways Airbags Can Cause Harm
Airbags are necessary, however, to ensure safety and prevent injuries, it’s important that they are functioning properly and that the individuals in the car take proper safety measure. For example, individuals sitting the in the front row of the car should be buckled up and sit at least ten inches from the dashboard. In addition, it is generally advised that kids do not sit in the front, because they are more susceptible to sustaining airbag injuries. The following are ways in which an airbag can cause injuries:
- Sitting too close to the dashboard
- Strong deployment causing a large impact to the head, face and body
- A minor accident or impact can trigger the airbag to deploy which could cause more injuries than the accident impact itself
- By hot gases released during airbag deployment
- Airbag malfunctions caused by crash sensor problems. This can result in the airbag deploying late or not at all, which can cause impact injuries from the car accident
Injuries Caused by Airbags
The following are common airbag-related injuries
- Bruising to the face or chest
- Burns or cuts from the impact
- Burns from the hot gases
- Head and/or brain injuries
- Fractures or breaks to facial bones, skull, sternum or ribs
- Injuries to eyes and ears
- Hand and wrist injuries
- Respiratory problems
These injuries can be minor, severe or even fatal. In some cases, injuries can cause chronic or long-term health problems. Regardless of the injury, it can be painful and expensive, so it’s important to take proper safety measures.
Filing a Personal Injury Lawsuit
If you sustained injuries because the airbag malfunctioned, then you may be entitled to compensation. In such cases, the car company or airbag company may be at fault, so they can be held liable for the damages. Filing a personal injury lawsuit against the responsible party can be beneficial to getting the compensation you need, however, the process can be difficult. A lawyer, like a car accident lawyer Memphis TN trusts, can help you determine and complete the requirements necessary to filing a successful claim.
In order to file a successful claim against another party for a malfunctioning airbag, you will need to prove that the injuries were caused by the airbag, as opposed to reckless driving or behavior. To do so, you should keep evidence such as the airbag, and the car itself, rather than immediately sending them to a wrecker or insurance company. The airbag can be inspected to check for defections. If the car has a “black box”, then it will have recorded information necessary for proving your claim, such as whether brakes and seatbelts were used properly during the time of the accident.
A personal injury lawyer can help you with these requirements, as well as protect your interests and rights during the case.
Thanks to our friends from Darrell Castle and Associates, PLLC for their insights into airbags and personal injury cases.
Brain injuries are more common than people think. Football fields, car accidents and hockey rinks are dangerous grounds for brain injuries. It is often assumed that all personal injuries are the same, but this is untrue because brain injury is a severe and serious injury and needs to be treated in many unique and special ways. Brain injury victims’ diagnosis, recovery time and treatment time is usually longer and extremely different.
If your head was injured in an accident and ranges from a very mild and unalarming concussion to a serious TBI (traumatic brain injury), you should seek medical attention immediately. Sometimes injuries to the brain do not present themselves right away, and weeks later serious symptoms start to show. Going to the doctor is a faster and more efficient way to find any problems that might have arose during the accident. However, even after seeing the doctor for an initial visit, it can still take a large amount of time to figure out what the problem is, what could have caused it and how it should be further treated.
Victims of brain injuries may need years to recover both mentally and physically, depending usually on the severity of their injury. Often times in home attention and regular physical training may be required with physical rehabilitation. Sometimes even years of hospitalization or even coma can occur. Drastic changes in personality and mood are common in those with TBI. Usually it takes years to recover from a brain injury.
Brain Injury Victims Have Much More at Stake
Brain injury is one of the most serious and devastating injuries in personal injury law. They can affect your quality of life, with many victims of brain injury getting seizures that prevent them from doing everyday things like driving, or even working the same job as before their accident. Medical bills can even drive families into credit card debt and bankruptcy quickly. Brain injury victims have more at stake because they can lose many of their traits that make them unique. Personality, attentiveness, listening skills, eyesight and sense of humor are a few things that may be lost in a brain injury victim. If you or a loved one experienced a brain injury accident and were not at fault, you should contact a brain injury lawyer Orlando, FL, residents rely on. They can help you pursue a lawsuit and seek compensation for medical bills.
Thanks to our friends and contributors from Needle & Ellenberg, P.A., for their insight into brain injury.
You may be devastated to find out that your claim for worker’s compensation has been denied. You and your family now may be even more financially impacted because of mounting medical bills . Unfortunately, it happens–many claims, including valid claims–are denied for numerous reasons.
However, you still have legal options after your claim is denied. In most cases, you should hire a lawyer at the start when you begin to file. Having a lawyer’s assistance will reduce your chances of being denied by the insurance company in the beginning. Check out these details on common reasons for refusals and further steps for you to pursue legal action.
4 Common Reasons Your Claim May Be Denied
There are many reasons that your claim may be denied, here are four common reasons people usually don’t get their claims:
- There were no witnesses to your accident at work. Usually insurance companies will use this information to claim that you are lying about the accident occurring.
- Your injury sustained is similar to or the same as a pre-existing condition. An insurance company may claim that you sustained the injury in the past and that it is just flaring up.
- You missed the deadline to file.
- You did not pursue medical treatment or did not follow care instructions properly. An insurance company can say that your injury isn’t as serious as your claim because you failed to follow through seeking help, or that the worsening of the injury is your fault.
Filing For an Appeal
When your worker’s compensation claim is denied, then you should be provided information about an appeals process. The deadline could be a short window of time, so be sure to file before the date comes up.
If your reason for denial is easy to fix, like typos on paperwork, then you may be able to fix it with the proper information with the help of an attorney. Then you have a better chance at an appeal. You may also have to go to an administrative hearing where you will need to support your claim with supplemental evidence. You may be required to provide medical records and/or a testimony from a medical expert. An attorney will be able to gather the evidence for you and may have a contact that is a medical expert who can speak on your injuries suffered.
How a Worker’s Compensation Attorney Can Help
If your claim was denied for worker’s compensation, there is still hope! An attorney who has handled worker’s compensation such as the New York Workers Comp Attorney locals trust can give you a consultation and help you decide how to best prepare for your appeal. It is highly recommended that you hire a lawyer from the very start to help you handle your affairs to offer you the best chance at receiving compensation for your injuries.
Thanks to authors at Polsky, Shouldice, & Rosen P.C. for their insight into Workers Compensation.
Most people are unsure when or if they should hire a personal injury attorney after an accident that was caused by someone who acted negligently. However, the answer depends on your condition and specifics of your accident. Below are a few questions you can ask yourself to get a better idea about whether or not you should consult a personal injury lawyer to protect your rights.
How Badly Were You Injured?
Not every injury needs the assistance of a lawyer. You may not have use for a lawyer if:
- Your injury is minor.
- The associated medical costs are not very high.
- The at-fault person’s insurance company offered you a fair settlement.
It’s wise to consider consulting an attorney if:
- Your injury is more complex and requires medical attention such as: surgery, hospital care, physical therapy, rehabilitation, etc. If your claim involves a large sum of medical costs, an attorney can increase the likelihood of receiving the maximum possible settlement.
- The at-fault party’s insurance company denies your claim.
- The at-fault party’s insurance company refuses to offer you a fair settlement.
Are You Being Contacted by an Insurance Company Representative?
Insurance companies are known to minimize their losses in injury claims as much as possible. If you are ever contacted by an insurance company representative who asks you for medical records, recorded statements, or other releases, be sure to tell them that you are contacting an attorney. Insurance adjusters only job is to get proof that you are the cause of your own claim so that their company does not have to pay you.
Is the Insurance Company Offering Less Than You Deserve or Nothing At All?
Some insurance companies employ unfair techniques so they can avoid paying claims to the people who deserve compensation for their damages. They may put off the claims process for an inordinate amount of time, make an outrageously low offer, or refuse to pay for no reason at all. If you experienced any of these scenarios, you should call a personal injury lawyer as soon as possible. They know all about these tactics and how to combat them so you can get the restitution you deserve in a timely manner.
Do You Feel Comfortable with the Legal System?
Those who file a claim without the help of a professional lawyer will need to navigate the legal system on their own. You must have knowledge about your claim, the local laws, and the settlement process. You may also need considerable negotiation skills in order to receive a fair amount from your case. While some personal injury cases are fairly straightforward, many are very complicated and require the assistance of a skilled lawyer such as the Slip and fall lawyer Las Vegas, NV locals trust.
Thanks to authors at Nadia Von Magdenko for their insight into Personal Injury Law.
Who is Liable?
If you or a loved one was injured at a venue (for a concert, wedding, etc) and you are wondering if you can pursue a lawsuit, the answer is yes. However, before you go forward with this action, you must first determine if the injuries inflicted are severe enough for you to seek any form of compensation. If you are mildly injured, as in someone knocked you over while moshing at a rock concert or stepped on your toe and bruised it while dancing at a wedding, you will most likely not be able to sue the venue. But, if you were seriously injured, like if something from the venue fell and hit your head leaving you with a concussion, you definitely could sue for medical expenses and any lost wages you have incurred. An event hall Glendale CA recommends can tell you that because fault in this scenario is defined as intentional negligence or misconduct on the venue’s part, their carelessness resulted in damage or harm of an individual. Reputable venues do whatever they can to ensure accidents don’t happen, but some situations still slip through the cracks.
Comparative negligence is usually used in personal injury cases involving venues and businesses. This allows the court to consider your percentage of fault with that of the opposition. Even if you are deemed partially at fault (you were at the event by choice), you can still pursue a lawsuit and have a chance of winning.
Documenting the Accident
You should try to remember to document the accident once it occurs. A good way to do this is to handwrite notes at the scene of the accident if possible. You will probably be very flustered and unsettled, however it is crucial to gather evidence that can help support your lawsuit. There may be weeks, sometimes even months or years between the incident and your lawsuit, and it is easy to forget important details surrounding it during this time. Jotting down a quick account of what happened, any events that led up to the accident, who was present, and if any witnesses were around is an excellent way to prove misconduct on the opposition. If there are, in fact, witnesses around you need to ask them to write a testimonial to what they saw, sign the paper, and give their contact information. You can also document the accident by taking pictures on your phone. Remember to videotape or take snapshots of the scene, your injury and areas surrounding the scene.
Contact an Attorney
When making the claim with your insurance company, be sure to gather and submit your photos, testimonials, and notes. Consider contacting an attorney to find out how to further pursue a lawsuit against the venue or performer and to make sure you are getting compensated fairly for medical expenses or lost wages. If you are not happy with the compensation offered, you can always dispute the claim. Having a personal injury lawyer will make this process a lot easier.
Thanks to friends and contributors from Metropol for their insight into event venues.