All You Need To Know About Wrongful Death

Death is an inevitable fact of life. Each one of us will die and we cannot stop it. But when a loved one dies due to the negligence of another person, that is unacceptable. According to the website of Karlin, Fleisher & Falkenberg, LLC, the sudden death of their loved one can have a huge impact on the surviving family members. The good news is that they can file a wrongful death lawsuit on the responsible party in order to ease their and pain and suffering.

Wrongful death is a civil case that can be filed against a person or business for their responsibility in the death of another person. The sudden death of the plaintiff could be the result of the following:

  • Negligence or carelessness
  • Design or product defect
  • Recklessness or gross negligence
  • Intentional acts

Depending on the state where you live, wrongful death laws lay down the specifics of filing a case against the defendant. It also explains the possible damages, the statute of limitations, and other procedures. As mentioned, the damages that can be recovered will depend on the state where the case was filed. In general, it will be the surviving members of the family or estate who will receive compensation for:

  • Lost financial support
  • Loss emotional support suffered by the survivors
  • Medical expenses
  • Funeral and burial cost

For a wrongful death case to be successful, it would have to satisfy the basic elements such as duty of care, act or omission that breached that duty, the action directly caused the injury or death, and there were resulting damages. As to who gets the damages? The court will consider several factors in the determination of the amount as well as the recipient. Punitive damages may also be awarded to the surviving members of the family.

Effects of Broken Bones in Children

Fractures, which happen when bones break, can have different effects on adults and on children, whose bones are more flexible because they are otherwise still growing, according to the website of Crowe & Mulvey, LLP.

Adults have around 206 bones in their bodies, with the largest being the femur or thighbone, which makes it possible for people to engage in activities such as walking and jumping. The smallest bones in the body are called stapes, which are found in the middle ear of humans and other animals and which are responsible for the production of sound waves in the ear, making it possible for the person or the mammal to hear. Some bones are flat, like those inside one’s skull. Some have a cube shape, like those that make up one’s wrist. However, most of the bones in one’s body are called long bones, which are found inside one’s arms, legs, hands, and feet, which are responsible for mobility and flexibility.

One can find out that one has broken bones if he/she gets an X-ray of the affected bone area. On an X-ray, bones have a whitish appearance. However if a bone is broken, the bone will manifest as dark-colored.

Children are more susceptible to bone breakage because their bones are still growing. An example of a breakage is the growth plate fracture, which happens near the end of the bone where the growth occurs. An X-ray of a growth plate fracture can appear normal, because growth plates are made up of cartilage, not bone.

A buckle fracture is characterized by an irregularity in the bone, not an outright crack. On the other hand, a greenstick fracture happens one side of the bone is slightly cracked, while the other side appears to be normal.

Complete, compound, and stress fractures can occur in both adults and children. A complete fracture happens when the ends of a bone are not touching each other, causing it to split into two parts. Meanwhile, a compound fracture happens when one of both ends of a bone have pushed through the skin. A stress fracture can sometimes only be detected by computerized tomography (CT) or magnetic resonance imaging (MRI) scans because they are so subtle that they can hardly be seen.

Wrong Diagnosis

Incorrect medical treatment, prescription error and medical blunders are just some of the many sorts of medical malpractice. What is typical about these three is why these are but only outcomes of another error – a wrong diagnosis.

A doctor’s failure to generate an exact analysis of someone’s illness may result to the worsening of their affliction since no treatment has actually been made; other than that, there’s also the danger of causing a fresh sickness to develop, generally due to prescribed medicines that might cause side effects. Analytical mistakes, however, are not merely restricted to misdiagnosis; delayed analysis is also included by these. Thus, thanks to these errors, a physician might end up creating a treatment that is delayed making an incorrect remedy, or not making any remedy in the slightest.

According to Habush Habush & Rottier S.C.‘s website, one crucial detail a patient has to know about wrong diagnosis is that not all misdiagnoses can merit a medical malpractice litigation. That is especially true when the error is committed as a result of a patient’s concealment of crucial health information from his or her doctor, defective or faulty medical products, a language barrier between the patient as well as the physician, when the signs manifested by the condition neglect to match the common analysis, or human error, like contamination or mix-up of radiology pictures or laboratory test results, use of improper procedure by the technician or the technician missed something in a pathology slip or x-ray.

Alternatively , when the misdiagnosis is born a doctor’s dearth of ability in providing habitual medical action, an evident misconduct as a result of the physician’s laziness, non-adhesion to the doctor’s signal of conduct or an apparent act of neglect that results to individual damage, then such analysis may surely warrant a medical malpractice litigation.

It’s occasionally fairly challenging to hold doctors liable to these sorts of investigations. Nonetheless, in many cases, another health-related employees may actually function as the basis for the blunder, so, creating a blunder is committed by the physician too.

Motorcycle Accident

From 2010 to 2012, fatal motorcycle accidents, according to the National Highway Traffic Safety Administration (NHTSA) were 4,502, 4,612; and, 4,957 respectively. In the event of an accident, whether single or multiple vehicle accident, a motorcycle rider is always vulnerable to serious or fatal injuries due to the lack of protection which would cushion him or her from the force of impact.

Single vehicle accidents refer to crashes that involve only the motorcycle (that figured in the accident). It may be a motorcyclist crashing on the pavement (due usually to uneven road surface, potholes, or roads made slippery by ice, sand or oil) or into a solid fixture (such as a lamp post, a telephone pole or booth, or a concrete support structure). Multiple vehicle accidents, on the other hand, involve other vehicles, most often cars.

While it is easy to assume that a motorcycle accident, especially if no other vehicle is involved, could only be the fault of the rider, who may be riding too fast for road conditions or from allowing him or her to make timely reaction, especially when entering a corner, this is not always the case. In many more occasions, motorcycle accidents happen because of someone else’s act of negligence. This is especially true in multiple vehicle accidents, wherein drivers of other vehicles are usually the ones at fault – verified true through a study conducted by the NHTSA.

From this NHTSA study, it appeared that many drivers are guilty of denying motorcyclists their right of way; many also fail to check possible approaching motorcycles before making a turn or when entering an intersection (while attempting to run or beat a red light).

In 2012, there were about 9 million registered motorcycles all across the US (except for light scooters or mopeds, which are low-powered motorized bicycles, all other two-wheeled and three-wheeled powered vehicles need to be registered or licensed, as well as comply with state and federal certification standards, if these are to be used on public roads). Some of these motorcycles were new purchases, while others were old, dusty bikes that have stayed kept in garages for too long until their owners decided to get them on the road again. With regard to the major reason for the increase in the number of bikes on the road, however, majority of the responses were the same: gas price.

Unquestionably much more economical (in terms of expenses on gas) compared to cars, many decide to ride a bike instead to various destinations. Recreational riders have also been a very common weekend sight in many parts of the US. But one most likely consequence of having more motorcycles on the road is increase in the number of those getting involved in an accident.

Professional riders advise all other motorcycle riders to always wear protective gears, especially a DOT helmet standard which may be able to save them from sustaining a severe or fatal head injury during an accident. But while it may be true that protective gears may lessen the force of impact, though at a very minimal percentage, these do not lessen the number of accidents that continue to put motorcyclists’ lives in danger.

As stated on the website of the Abel Law Firm, accidents involving motorcycle riders will always be the fault of someone – could be the rider himself or herself, or someone else who has been negligent in his or her duties. And, if it can be proven that the accident was actually a result of somebody else’s negligent act, then the victim has the legal option to file a lawsuit against the liable party, for the compensation that the court may order to be paid to him/her.

Bad Drivers on the Road

Kentucky had the dubious honor of being one of the states with the worst drivers in 2009. In that year, 730 people died in vehicular accidents. It is admittedly not as bad as Texas with 2,776 fatalities. However, considering that Kentucky had only 2,932,659 registered drivers for that year while Texas had 15,374,063, Kentucky is actually worse.

Statistics aside, the numbers are still too high. Thirty-four out of 50 failed to signal or obey traffic lights, and three out of 50 were distracted while driving. These are driver errors, so about 74% of these accidents were preventable.

According to The Sampson Law Firm website, driver error is the top cause of car accidents in the US, and as it turns out, in Kentucky in particular. This poses a significant threat to innocent people who share the road with these bad drivers. The most dangerous drivers in Kentucky are 18-years-olds, a pattern that is consistent among the other states with high rates of traffic accidents.

Perhaps it is understandable. These are new drivers and liable to make mistakes. However, it does not mitigate their liability when someone gets hurt. This is especially true if it happens because the at-fault driver was impaired. Nine drivers out of 50 involved in car accidents were under the influence of drugs or alcohol in the state.

Car accidents are not intentional acts. However, accidents caused by driver error i.e. texting while driving, are foreseeable consequences of a conscious act. This failure to act with reasonable care is the basis for liability. Drivers that exercise reasonable care while operating a vehicle will not cause accidents, and will therefore not be liable.

If you were seriously injured in a Kentucky car accident caused by driver error, you have a right to expect compensation from the at-fault driver. Consult with a car accident lawyer in Kentucky for a rundown on your legal rights and options.

Do I Need to Invest in Storage?

As squirrels stock up on nuts and acorns for the winter do people often keep and treasure keepsakes. How unfortunate is it then to be of so limited time and space to not always care for the things we own. Often, these are not situations that are ideal or are chosen out of people’s own volition. Sometimes, there is a constant need to move from state to state and carrying on all of their worldly possessions all the time would be not only ludicrous and dangerous, but also immeasurably costly. Individuals may temporarily need to live in a small apartment before moving to a new house. Or, perhaps, there is simply no room left in the home to store such precious cargo – say, if the people in question own a boat or an RV that will not fit in the garage.

There are countless of reasons to hold on to things that are valuable to us – and, in that reluctance to let go and give up these possessions, the industry of self-storage facilities was born.

The idea of these facilities come from the idea of smaller, more personalized warehouses for people’s wares. Be these personal affects or small businesses’ equipment or bric-a-brac, there are units available for rent that have the sole purpose of storing them and keeping them safe from both thieves and the elements. Units of this nature are often customizable, according to the specifics provided by the client in question. They can be climate controlled and free from damages caused by weather or extreme temperature.

Goods stored in self-storage facilities are also protected from actual thievery, which may be difficult if stored just at home. After all, these facilities are manned 24/7 with a sophisticated security system as well as personnel that ensure your goods’ safekeeping. Facilities that offer services of this nature are affordable and provide payment plans, depending on your financial status.

Staying Safe around the Pool

During the summer, pools are a great place to stay cool, get some exercise, and just have a good time wasting the day away with friends and family. However, it is essential that people recognize the dangers that come with pools.

If you are with children, you have to be especially cautious around pools. Always keep a close eye on them, and teach them water safety before letting them out of arms length around pools. Make sure they know not to dive in waters under five feet. Let them know running, yelling, and pushing by the pool is even more unacceptable than doing so in a setting like your house or school.

Keep children away from the drains and pipes inside of the pool as much as possible, especially if your child is on the small side. Also make sure to bring a cell phone to the pool with you, so if there is an accident you can call for help as soon as possible.

Do not take bad weather lightly. If there is a chance of bad weather, especially if there is predicted thunder or lightning, do not go to the pool. After bad weather has passed, still be wary. You never know if the storm is just temporarily ceasing or if it is done for the day.

Drinking alcohol poolside sounds like a relaxing addition to a day at the pool, but if consumed irresponsibly it could be a recipe for disaster. Think about what your limit usually is, and tone it down by two or three drinks when you are at the pool.

If you are an owner of a pool, you are obligated to keep those who are at your pool safe. That being said, if you are a host, keep your guests safe. If you are a guest, make the job of your host easier and behave well.

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