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.

Negotiation

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.

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