Personal Injury Settlement

Oftentimes, personal injury cases are resolved in “settlements”—resolutions between disputing parties that occur either before or after court action begins. The personal injury settlement process begins with the plaintiff’s demand letter, which sets the tone for the negotiations that follow. In each demand letter, the plaintiff includes a dollar amount that they would accept in order to resolve the claim and release the defendant from liability. Given the high stakes nature of personal injury claims, plaintiffs are advised to consult with their lawyers before determining an appropriate dollar amount for their settlement.

Coming up with a number

Though there’s no set formula for determining settlement amounts, most lawyers consider the same factors in their analysis. Since injured individuals need to receive compensation for both medical treatment and lost income, lawyers generally add a certain range to these amounts in order to come up with a final number. The size of this added range often depends on several factors including (but not limited to) the following: how obvious the defendant’s fault is, whether there are witnesses, whether a jury’s sympathy will be for or against you, and how willing you are to be patient with the legal process.


As the Attleboro personal injury attorneys explain, most lawyers state an extremely high settlement amount in their initial demand letter with the knowledge that it will get lowered throughout the process of negotiation. However, it’s also important to not state an over-aggressively high amount, for the defense might decide that they would rather fight the charge than settle.

Common Causes of Wrongful Death

Losing a loved one is one of the worst things you can experience. First, there is the lost companionship. Second, there is the lost financial benefits such as social security and pensions. Third, there is the financial burdens of losing an earner in the family.
According to the website of Mazin & Associates, PC, the family members of wrongful death victims may take legal action against the responsible parties, such as trying to get monetary compensation. But how exactly can wrongful death happen? Below are some of the most common causes of wrongful death.

Medical Malpractice

Medical professionals are there to ensure people’s health, but there are times where they are also the causes of people’s harm. Health is a serious industry, because a single mistake can be fatal. The most common medical malpractice cases involve errors in anesthesia, diagnosis, medication, and surgery.

Premises Liability

Property owners should make sure that their premises are safe for others, and if they fail to commit to this responsibility, they may be taken to court. This is called premises liability. The most common premises liability issues include structural problems such as porch collapses, maintenance problems such as elevator accidents, and lack of safety measures such as the absence of fences around swimming pools.

Product Liability

Product designers and manufacturers should also make sure that the products they put on the market are safe, and they can also be held accountable for injuries and deaths. This is called product liability. Many product liability cases revolve around dangerous designs, manufacturing errors, and the absence of safety and warning labels.

Traffic Accidents

Road accidents are some of the most fatal accidents in existence. This is because of simple physics. Fast objects such as vehicles translate to forces that are strong enough to inflict serious injury or death. Traffic accidents can happen because of many reasons, such as auto parts defects, road defects, and worst of all, reckless drivers.

Can’t Take the Heat: The Hazards of Working in a Commercial Kitchen

The food service industry is notoriously fast-paced. Anyone who has worked in large kitchens like those used for restaurants, catering, and hotels are well-aware of just how hectic and stressful it can be. Especially during peak hours, commercial kitchens are often a flurry of activity—stoves with open flames, knives slicing through vegetables, and people moving from one station to another to finish a dish.

When things get busy, accidents are bound to occur. And it’s clear that commercial kitchens are filled with materials that can easily cause a workplace injury. If the hazards of a kitchen aren’t properly mitigated with compliance to safety standards and protocols, the people working hard to create meals to serve huge crowds can become vulnerable to a host of different accidents.

The most common injuries that occur in commercial kitchens include burns from boiling water, hot oil, malfunctioning stoves, and other cooking surfaces with extremely high temperatures, cuts and lacerations from knives, meat slicers, and other sharp kitchen equipment, and slips and falls due to spills on the floor that weren’t properly attended. Many of these injuries can leave individuals out of the kitchen for several weeks at a time. In some cases, they might even lead to temporary or permanent disabilities.

Considering the very serious consequences caused by commercial kitchen hazards, it’s important for food industry employees to keep in mind that injuries caused by workplace accidents may entitle the victim to receive workers’ compensation benefits. In North Carolina, these benefits are made through weekly payments meant to cover the gamut of financial expenses caused by the employee’s injury. Most successful claimants are awarded 66 2/3 percent of their original weekly wages.

Filing a workers’ compensation claim can, however, be a difficult process. The appeals process can take a long time to fulfill. This is why many employees injured in workplace accidents are advised to retain the assistance of a qualified attorney.

The Harrowing Reality of Nursing Home Abuse

As Clawson and Staubes, LLC: Injury Group puts it, the elderly are among the most vulnerable people in our society. That their vulnerability is further exploited by establishments that are dedicated to their care is an unsettling reality that is becoming more and more common across the country. With analysts continuing to predict that the number of people aged 65 and older will only continue to balloon in the coming decades, addressing issues of abuse and exploitation proves to be of utmost priority.

The Nursing Home Reform Act of 1987 is just one of the many safe guards implemented by the government to help protect the rights of the elderly. However, despite these clear efforts, there’s still so much that continues to fall through the cracks. The prevalence of nursing home abuse is a heartbreaking reality for a good portion of the American population. Majority of nursing home abuse cases remain unreported and plenty of people continue to suffer in silence.

Victims of nursing home abuse suffer a great deal of exploitation and mistreatment. Some of the most common types of abuses endured by residents include neglect, intimidation, malnutrition, misuse of medication, financial exploitation, as well as physical and sexual abuse. The tragedy of such abuses is amplified by the fact that most cases go unnoticed. The families of victims don’t often have the luxury of time to visit their loved ones regularly. Because of this, abusive caregivers have plenty of opportunity to continue isolating their victims, preventing them from reaching out and getting the help they need.

Advocating for our loved ones is the best way to protect them from the harrowing abuse that could occur in nursing homes. Be on the lookout for signs of elder abuse such as unexplained injuries and uncharacteristic changes in behavior, and take the necessary steps to protect your family from experiencing any more trauma. If you suspect that your loved one is a victim of abuse, contact a personal injury attorney and help put an end to this tragic reality.

Car Accidents Major Source of Personal Injury

Thirty-six-year-old Milford, Massachusetts Police Officer Nate Hathway, a seven-year veteran of the Milford Police Department, has now been listed stable after he was hit by a front-end loader while working a police detail at a construction site on Water Street on Monday, May 9.

Police Chief Thomas O’Loughlin said Hathway, who was a “good guy and a fantastic police officer” and who was directing traffic along with another police officer in the area, was struck on the head by a white Bobcat. He was then taken to Milford Regional Medical Center for the treatment of his wounds of an unknown condition. Afterwards, he was airlifted to Umass Memorial Medical Center in Worcester.

Construction contractor R.J. Devereaux had been hired to install gas pipes for a Boston-based energy company Eversource Energy.

The website of Crowe & Mulvey, LLP says that automobile accidents comprise of a major part of personal injury accident claims all over the United States. Such accidents happen when a person operating an automobile has failed to exercise “reasonable care under the circumstances”, meaning that he acted in a negligent manner and therefore is suibject to pay the penalties incurred for the damages another party sustained because of the former’s failure to act in a responsible manner. The aggrieved party, or the plaintiff, on the other hand, must prove that the negligence of the defendant is the main factor as to why the accident happened and why the plainitff has incurred damages in order for the defendant to be held liable in any way. This proof can be contained in such sources as police reports, eyewitness accounts, and violation of state laws, such as disobeying traffic signs, driving above or below the posted limit, among other things.

An automobile accident can also happen when a person is not merely being negligent, but is intentionally being reckless in his driving, by driving in an unsafe manner, without regard if his driving may cause an accident. Such activity includes improper or excessive lane changing and improper passing.

Keeping your Swimming Pool Safe for Kids

There is no great way to celebrate hot, summer months than swimming; and swimming can be a very pleasant experience if enjoyed within the comforts of your own backyard. That’s why many families choose to have their own swimming pools to fight against summer heat without having to spend too much on out-of-town swimming escapades.

However, swimming pools are considered among the most dangerous part of a home. According to the website of the Law Offices of Ronald J. Resmini, LTD., several personal injury cases have been attributed to dangerous swimming pools at home. To avoid getting into legal trouble arising from unsafe swimming pools, here are some tips that you should consider in keeping your pool safe:

Provide guidance within arm’s reach

The surest way to keep your pool safe is by monitoring children inside your premises while they are swimming in your pool. Through active watching, you can determine possible pool hazards that could trigger accidents, giving you the chance to prevent them before they happen.

Keep your pool safe with pool fences

Pools are attractive nuisance. Children oftentimes don’t have the slightest idea what might harm them, and so leaving your pool unguarded could mean attracting children into danger. Don’t give children a chance to get near your pool by keeping it enclosed with fences, especially when you’re not around.

Create pool rules

One sure way to keep your pool safe is to create rules in using it. You may not allow kids to dive into the pool, especially if it is not deep enough. Also, you can warn them not to use electrical devices near the pool area to prevent electrocution. To avoid slip accidents, you may also prohibit them from running on the pool side.

Equip your pool with other protection products

Finally, you may consider equipping your pool with other protection products to keep it safer. Pool alarms, window guards and automatic pool covers are just some of the many features that you can use to keep your pool guarded from your kids or from other children who may visit from nearby.

Product Liability and Dangerous Products: Accidents Involving Flammable Items

The Consumer Product Safety Commission or CPSC is responsible for keeping a close eye on market goods that fail to meet safety standards. Among the recent recalls issued by the CPSC include mattresses that violate the federal flammability standards for such products. Other recalls were made for clothing with the same flammability issues. According to the Burn Survivor Resource Center, over 4,300 burn injuries caused by flammable clothing and other similar items were reported in the United States starting 1997 to 2006, with most cases affecting children between the ages of 5 and 14 years old.

Flammable items are important to note because burn injuries can be very difficult to treat and manage. Severe burn injuries can lead to mobility issues, debilitating pain, and scarring. These issues can become a long-term concern, causing a victim to deal with lifelong consequences.

Because the potential dangers of flammable items are particularly alarming, the government has a series of stringent regulations to ensure that safety standards are met by manufacturers. The Federal Flammable Fabrics Act is among these regulatory measures, mandating policies that control the type of fabrics to be used in clothes and household textiles. The Children’s Sleepwear Standard Act is another important safety mandate, this time aiming to ensure that materials used particularly for children’s clothing are fire-resistant and have appropriate extinguishing properties.

Any other products that fall through these safety nets are caught by the CPSC. At the same time, it’s equally important for consumers to be reminded to observe basic safety practices in their own home to avoid any accidents that may be caused by a defective or dangerous product. Making sure clothing and textiles are kept away from matches, lighters, candles, and flammable liquids such as paint can be an important first step. If, however, a defective product does come to cause an accident, consumers should know that they have grounds to pursue legal action against those responsible for such tragic incident.

Places to be in Milwaukee: Milwaukee RiverWalk

It’s a saying that’s about as tale as old as time, when describing yourself to attract a suitable partner: I like long walks on the beach. Maybe even in the moonlight as there is hardly anything more beautiful than the reflection of the moon against the gentle ripples of the water, looking like a thousand scattered diamonds. A romantic scene when you think about it, no? It isn’t a beach, no, but the Milwaukee RiverWalk is definitely on the right side of things about that.

The Milwaukee RiverWalk is a walkway that overlooks the Milwaukee River in downtown Wisconsin. Its quaint appearance offers for many couples to simply laze around and enjoy the sights. In fact, just walking around through the walkway is enough to inspire sweet conversation that can be quite picturesque.

Just imagine it: the distant echo of cars rushing by in streets, the soft back and forth crashing of little waves as the river rushes by, the cool breeze that comes to your skin while on the slow walk that just allows for you to take it easy. You might even forget that you’re in a city at all – and that’s just one of the great things about the RiverWalk.

Coming in for a visit to Milwaukee? Don’t miss the opportunity to catch a few stellar shots by taking a leisurely long walk along this most beautiful of sights. You won’t get a better frame than one with you and your friends or partner or family, overlooking the river while the sky turns into something that can make the northern lights eat its heart out.

Packing Fragile Items for Moving or Storing

Packaging something sturdy versus something that is delicate requires very different techniques and precautions to keep the objects safe. Objects like books need little to protect them from the jostling moving van while fragile plates may easily break under the pressure of being handled too roughly. Even the most careful movers may not notice a “fragile” label on a box and not treat the moving containers with enough care. There are several actions that you can take to prevent unfortunate incidents from harming breakable objects.

One common mistake that many people make while packing is using other household objects like towels as packing materials. While blankets, towels, and other soft materials may work wonderfully for larger and less delicate items, fragile options require professional packing products.

Start with a sturdy box that will not break or become dented by the moving and storing process. Layering the bottom, sides, and eventually top of the box with thick packing material will help the fragile contents not move or break. These materials may include:

It is important to layer the heaviest items first and then place the lighter items on top. Plates, bowels, and other serving pieces should be individually wrapped in thick paper before being placed in specifically designed dish packing boxes. Unlike how they are placed horizontal on shelves, packed dishes are placed on their sides. For more delicate plates, bubble wrap should be used.

Securing the wrapping with tape is a smart way to ensure that the wrapping will stay in place. The process of moving a box into a storage unit will often jostle and rearrange the packaging inside. The best way to avoid this is by securing the insides of the box as best as possible by filling any empty space. Packing pellets work best to fill empty space and still absorb the shock of impact when the box moves.

Properly packaged and stored possessions can last for years inside of a storage unit and offer an alternative to an attic or basement where the delicate object might break. If you have delicate objects that are of personal or monetary value, consider a storage unit to protect those important belongings. A storage unit will keep them in the condition they were in when you first stored them.

Short Term Disability Benefits

When a worker gets injured during the performance of his/her job, or develops an occupational illness, he/she is entitled to file a claim with workers’ compensation for financial benefits that will cover cost of medical treatment and lost wages. There are instances, though, when off-the-job accidents occur or when an employee suddenly gets ill, undergoes surgery that requires days (or a couple of weeks) of recovery period, or suffers a temporary health problem – any of which may cause a brief pause from work. It is during this time when the role of short-term disability benefit comes into play, to make up for the loss of regular income and to protect an employee from the possibility of falling into a crippling financial situation.

Short term disability is a special insurance benefit designed to cover lost wages due to injury or illness (which is not job-related). This benefit may be employer-sponsored, paid by the employees themselves, or a combination of the two. Since the injured or sick employee can use his/her sick and vacation leaves so as not to suffer loss of pay during the first few days of absence from work, the short term disability coverage has been designed to kick off after such leaves have been exhausted (coverage may be from day 1 to day 14 after the injury was sustained or after the illness began).

Short-term disability insurance is usually offered as a combination to long-term disability insurance; many employers, however, are not too keen to include it in the list of employee benefits. Employees who prefer to avail of it, though, can pay for it on their own.

While this special type of insurance provides cash benefits to employees having medically approved leaves, it should be understood that it remains different from (and is not meant to replace) workers’ compensation insurance, which awards financial and medical support to individuals whose injury or illness is job-related.

Sometimes, due to this benefit, employees who file claims with the workers’ compensation insurance provider get to experience much difficulty in having their applications approved. Seeking the help of competent lawyers, who know how to deal with insurance agents and who know these agents’ tactics that would lead to claims denial, would be in the best interest of claim applicants. When looking for a legal representative, Minnesota workers’ compensation attorneys should be on the claimant’s top list.

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