Currently Browsing: Personal Injury

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.

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.

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.

Causes of Cerebral Palsy

Damage to the cerebrum before or during birth or in early childhood can lead to a condition known as cerebral palsy (CP) which is primarily impaired motor development. About 2 out of 1,000 live births present with the disordered movement or palsy characterizing CP.

There is no clear indication of the actual causes of cerebral palsy, but there is evidence that it may be due to an intrauterine infection or exposure to lead in the pregnant mother. In some cases, CP results from asphyxia at birth which is inadequate supply of oxygen to the brain due to the trauma of a difficult delivery or failure of the physician to immediately clear the airways of the neonate. It may also be due to a physical injury to the brain during birth.

While CP onset is usually associated with the very young, it is possible for adults to develop the condition. This may be caused by traumatic brain injury as a result of a car accident, where the patient fails to recover the full function of the brain. CP may also result from a stroke, which may be brought on naturally or inadvertently induced chemically with certain types of prescription drugs and medications.

Cerebral palsy is a condition that can have long lasting effects, whether it was developed during pregnancy, at birth, early childhood, or as an adult. The more severe types of CP can impair a person’s ability to live without constant assistance because of the inability to control his or her own body’s movement. That is bad enough, but it gets worse with the realization that the condition was caused by a third party’s negligence or incompetence, such as a careless doctor or drunk driver. If a family member has CP because of these preventable causes, consult with a personal injury lawyer to find out how you can make a claim on behalf of the CP patient. It is just right that the responsible party is made to suffer some of the consequences of his or her negligence, if only financially.

« Previous Entries