When Premises Liability Leads To Fatality

Wrongful death lawyer 

If you own or manage your property, you are responsible for keeping the premises safe so that guests or anybody else that has permission to be on the property are not at risk of being injured or worse. When this duty of care is ignored, it is too late and premises liability fatalities have been when somebody dies because the property owner and/or manager neglected their responsibility to safety. If somebody you love has died because of premises liability errors, you most likely have a wrongful death case and should reach out to a wrongful death lawyer. Some examples of premises liability that led to wrongful death cases are listed below. This is not an exhaustive list is an example of real-world instances where premises liability causes someone to die.

A fire at the Alpine Motel Apartments killed six people and injured dozens more, and tenants of the building were persistent, claiming that there were no working smoke alarms, fire alarms, or even extinguishers in the property. There are also claims that the exit door was locked shut, and with no heating in the complex, the residents of this apartment were using their stoves to keep warm, and this may have caused the fire. However, in this case, the tenants of this apartment are not the ones liable for the death of those who died. Because there was no heating provided by the landlord, and they had two choices: to freeze or use their stove to heat their house, they really had no choice. Furthermore, the landlord or building manager allowed for the exit to be padlocked shut and did not provide smoke alarms, extinguishers, or fire alarms throughout the complex. This puts the survivors of this fire in a unique position where they can claim premises liability fatality, and bring forth a wrongful death claim for their loved ones who died in this fire on the building manager and landlord for not taking their duty of care seriously.

Black Friday shopping deaths, yes Black Friday shopping deaths occurred, fall under premises liability fatality leading to wrongful death cases. When people are dying due to stampedes, violent shoppers, and other deadly incidents in stores just after Thanksgiving, it’s usually because the retailers where these fatalities are happening did not hire enough security and staff to help keep crowds under control. Because you are hosting a large event where things are on sale, you should also up your staff for that day and ensure that you are well overstaffed to help control the very excited crowds of people coming to your store.

If you believe that you have a wrongful death case after reading about premises liability and how it leads to fatality and how that falls in the wrongful death, you should reach out to a wrongful death lawyer.

Premises liability fatalities can also be the result of slip and fall accidents, animal attacks, fires, negligent security, malfunctioning elevators, swimming pool drownings, exposure to toxic substances, and injuries to children at daycare.

Is Chiropractic Care Safe?

Is Chiropractic Care Safe?

If you have suffered pain in the neck or back area as a result of a rear-end car accident or a slip and fall injury, you may consider visiting a chiropractor. As you may contact a lawyer for legal relief, a chiropractor will also help with pain relief. This type of healthcare professional is trained in a non-invasive, drug-free practice to treat conditions impacting the musculoskeletal and nervous systems. These practitioners manipulate the joints to bring them back into alignment. 

A common question one may ask before deciding to see a chiropractor is: Is it safe? Here is more information on the training that chiropractors undergo, results of chiropractic care and rare complications that may arise during treatment. 

Training 

Before acquiring their license, chiropractors typically graduate from a four-year undergraduate program with a pre-med background. Then they complete a chiropractic graduate program, which on average, lasts an additional four years. A chiropractor like one from AmeriWell Clinics completes a variety of courses in their program. Course credits typically consist of a total of 4,200 instructional hours, according to Medical News Today. After completing their education, students studying to be a chiropractor sit for their state licensing board and may also receive additional training in various specialties. This includes, but is not limited to, acupuncture, nutrition, and rehabilitation. 

On average, chiropractors-in-training sit through the same number of classroom hours as aspiring medical doctors, according to the American Chiropractic Association. 

Results

Before deciding for yourself if seeing a chiropractor is safe, it may be helpful to understand the level of patient satisfaction that is reported. 

The American Chiropractic Association states that more than 35 million Americans are treated by a chiropractor annually. The Association also reports that:

• Of these patients, more than three-quarters claim the care was effective. 
• A clinical trial found that taking a strictly medical route for treating lower back pain was less effective in reducing pain than combining medical care with chiropractic care. 
• All other back pain treatments underperformed chiropractic care, including medication therapies, pilates, yoga, and deep-tissue massage.

Risks

While millions of Americans seek chiropractic treatment from practitioners who train for thousands of hours before getting their license, it is not without risk. Sides effects reported after receiving chiropractic treatment include headaches, discomfort in treated areas, and fatigue. Nerve damage in the lower spine, as well as worsening pain, are examples of severe complications that can arise, albeit rarely, according to the National Center for Complementary and Integrative Health. 

If you are interested in seeking a generally safe, alternative form of pain relief for not only your back but also your neck, shoulders, feet, and elbows, consider setting up an appointment with a local chiropractor today. 

Why You Need to Hire an Auto Accident Lawyer

Auto accidents can impact an individual in many ways. Some examples include broken bones, nerve damage, as well as injuries that can last a lifetime. Moreover, auto accidents can also be fatal or near fatal, depending on the severity of the impact. People can suffer whiplash, concussions, broken bones, and more. Moreover, auto accidents can also cause trauma pertaining to fear of riding, as well as flashbacks and nightmares, from the accident. As such, when someone experiences physical or mental suffering from an auto accident, it is important for one to hire a motorcycle accident lawyer. 

How a Lawyer Will Help

What an attorney can do, is help to assess the situation, pertaining to how the auto accident happened, why it happened, as well as the mental and/or physical severity that was suffered, due to the accident.  From there, the best course of action can be taken, in relation to the compensation that one will get. Moreover, a lawyer can assist in helping people take action, and they assess accidents, from an in-depth perspective. 

There is a focus on ensuring that one not only gets compensation for physical and/or mental damage that was caused in the accident. However, the office also wants to ensure that medical malpractice is fought against, for those who may need medical treatment and assistance, for operations that are needed, due to the accident that was suffered.

A lawyer also accounts for injuries and accidents that took place on someone else’s property, such as suffering from the inhalation of chemicals, dog bites, or poor nursing home treatment. In other words, while the company does focus on motorcycle accident attorneys, there is a branching out of other aspects as well. If you are interested in learning more about a firm like Yearin Law Office, please set up a consultation today. 

What are damages?

Personal Injury Lawyer

Damages are the amount of money owed to a harmed party in a civil suit. A person may become legally liable for damages due to a breach of duty or a violation of a right. There are two main types of damages.

A personal injury lawyer such as Daniel E. Stuart at Daniel E. Stuart P.A. can help you understand more details regarding damages and how they relate to negligence law. 

Compensatory Damages

Compensatory damages are intended to compensate the injured party. The goal of compensatory damages is to put injured parties in the same position they were in before the injury occurred. Compensatory damages include items such as lost wages, medical expenses and pain and suffering. To receive compensatory damages, the injured party must prove that the at-fault party breached a duty or violated a right, resulting in harm to the injured party.

For example, if a driver negligently injures a person due to their failure to maintain safe driving practices, that driver may be obligated to pay compensatory damages to the injured party. This category also includes damages paid due to breaches of contract, unsafe products, slip and fall accidents and other situations where the at-fault party was either negligent or breached a duty owed to the other party.

Punitive Damages

Punitive damages are intended to punish the person who caused an injury. Punitive damages are not directly related to the amount of harm caused to the injured party, but may sometimes be calculated based on the amount of compensatory damages awarded. Punitive damages exist to discourage behaviors. For example, a company that manufactured a defective product, knew the product was defective and failed to warn consumers, could be assessed punitive damages on top of compensatory damages as a punishment for that lack of action.

How Damages Are Calculated

Compensatory damages are awarded based on the proven loss, harm or injury suffered by the plaintiff. Some compensatory damages are straightforward. Medical bills, for example, are generally paid out based on the amount charged by the medical provider, though in some cases the at-fault party or their insurance company may negotiate a lower rate. Other damages, such as pain and suffering, may be based on a formula, such as double the amount of medical expenses. These damages are often negotiated between the parties. Punitive damages are determined by the court, though they are often based on specific guidelines and the laws of the state. 

Bankruptcy and Discharging of Damages

If you are in the middle of a business lawsuit while going through bankruptcy or paying damages as a result of a personal injury lawsuit, there are specific times and ways when those judgments can be discharged. It is crucial to consult a legal professional to determine what your options are when thinking about discharging your debts and judgments.

Why Teens Can Benefit From Therapy

If you’re an adult now, then you probably remember what your teens were like, and maybe there were a few ways that you had struggled and wished you had gotten support for. Teenage years tend to be difficult as that person grows from a child into an adult. Teen stress is common, and therapy can help reduce symptoms associated with anxiety, depression, PTSD, trauma, addiction, and more. 

From school issues to mood swings, all teens have problems. Sometimes, this distress can get to a point where seeking professional help is impactful. Therapy doesn’t have to be something you only look into when huge life events happen, it can lessen stress just by having someone to talk to about your thoughts and feelings. 

Our friends at The Lotus Wellness Center have provided some reasons that teenagers may need counseling below.

Depression

Disorders related to mood can begin during the pre-teen and teenage years. If untreated, mental health conditions can last and worsen into adulthood. If your teen appears agitated, withdrawn, or sad, you may want to consider finding a counselor.

Anxiety

It’s normal for teens to be stressed, but some may experience panic attacks and excessive worry. Anxiety disorders can interrupt many aspects of a teen’s life, such as grades and friendships. If you notice your teen is constantly worrying that bad things will occur and has difficulty talking in front of a class, therapy can help him or her learn to manage these moments.  

Low Self-Esteem

Most teens are going to reach a period where their self-esteem isn’t as confident as it used to be. However, some will go through more severe self-esteem problems. If these kinds of feelings go unaddressed, it can lead to poor grades, substance abuse, and relationship challenges in adulthood. 

Is It Worth Hiring a Car Accident Lawyer?

Is It Worth Hiring a Car Accident Lawyer?

Suppose you or a loved one have been in a car accident caused by the negligence of another and sustained injuries. In that case, you might be wondering if you should hire a car accident lawyer to represent you. When an injured party thinks clearly about this, they will realize there is a lot at stake. It is never wise to undertake complex legal matters on your own. The short answer is YES. Read on to find out why.

Serious injuries require skilled legal representation, and seemingly minor injuries can turn into long-term chronic injuries.

In an automobile accident, your body is exposed to violent forces and trauma, which can cause serious injuries. Unfortunately, in the hours and days after a car accident, it may not be immediately apparent just how serious your injuries really are. In addition, it can take months or even years of treatment and rehabilitation to know if you will heal completely from the injuries sustained in the car accident.

Insurance company interests are directly at odds with injured parties.

Billion-dollar insurance companies are not there to advocate for fair and just compensation for your injuries. It’s just the opposite. Insurance companies have a team of attorneys and claims adjusters who focus on minimizing your injuries and paying out as little as possible to settle your claim. Attempting to negotiate with an insurance company on your own is highly unwise. Deep knowledge of personal injury law is needed to file a claim and negotiate a just settlement successfully. Insurance companies with a team of adjusters and lawyers know that they have the upper hand when dealing with self-represented individuals. This can lead to your claim being denied or a very low settlement offer from the insurance company.

Hiring a car accident lawyer helps level the playing field and often results in far better outcomes.

Car accident lawyers are on your side. They will obtain copies of the police report, investigate the accident, advocate on your behalf, and position your case for the best possible outcome. Your car accident lawyer has access to a team of experts, including accident investigators and accident reconstruction experts if needed. Additionally, your lawyer has deep knowledge of personal injury law and will negotiate with the insurance companies from a position of strength, having the ability to file a lawsuit on your behalf if a just and proper settlement cannot be reached with the insurance company. A study by the Insurance Research Institute shows that the average person who has legal representation receives a settlement 3.5 times larger than those without legal representation.

Car accident lawyers often work on a contingency fee arrangement, so you have no financial risk.
Most car accident lawyers work on a contingency fee basis, which means a pre-agreed percentage of any recovery compensates them. Since it costs you nothing up front and your case’s outcome is likely to be far more successful with a skilled car accident lawyer handling your case, having an experienced car accident lawyer on your side is certainly a wise choice.

Finding a Personal Injury Lawyer Right For You

Finding a Personal Injury Lawyer Right For You

When we go out into a public space, it is important to remember that we all owe each other a duty of care. Whether it is to drive carefully on the road, not push someone on an escalator, or to keep our place of business tidy to avoid someone slipping and falling. Negligence can occur, however, and a person may choose not to upkeep their property or they may be in such a rush that they push someone out of their way a little too forcefully. If you have found yourself on the unfortunate end of a personal injury accident, you should not wait any longer to file a personal injury claim. 

What is the difference between a personal injury claim and filing criminal charges? 

When you have been the victim of a personal injury claim, you will likely be interested in pursuing civil charges. This means that instead of hoping the person who caused you to become injured goes to jail, you are hoping instead for financial compensation. This is usually because you have suffered damages after a personal injury accident. This could be from the inability to go back to work, the medical bills that are getting larger, or the repairs you need to make to your property because of the accident. 

Why work with a lawyer? 

When you are hoping to work with a lawyer from a law firm, like a practice such as Brown Kiely, LLP, you should look for a lawyer who will be assertive, who will do the research to gather evidence for your case, and who will know when it is the right time to take a settlement offer or go to court. It can be difficult to know when you are getting a settlement offer that is too low. Often, these offers are a lump sum and look like a great deal of money. However, they often will not be enough to pay what you need for medical bills, physical therapy, and more. Working with a lawyer is also a good idea because they will understand the state laws. Personal injury claims will be different depending on the state you are in and they will know the process, the right paperwork, and statute of limitation laws. 

Look For a Law Firm You Can Trust

If you need legal help with your personal injury claim, find a law firm you can count on today.

Understanding Wrongful Death

Personal Injury Lawyer

A wrongful death is when someone dies because of another person’s negligence and actions. Wrongful death can come out of an assortment of scenarios, including car accidents, murder, medical malpractice, boating accidents, property liability and, in special cases, workplace accidents. If a loved one has died at the hands of another due to an accident, you may be able to sue for a wrongful death. Here’s a quick guide to wrongful death claims to see if it is the right choice for your family.

The Prosecution

The remaining family may file a lawsuit against the party believed to be responsible for the death of their loved one. Those suing could be any family member, close or distant, with connections to the deceased. Spouses and partners also have the right to sue on the behalf of their lost companion, and parents may sue if they lost their baby. Anyone else may sue who has been financially hit by the death of the individual.

The Defendant

Individuals may not always be responsible for the death of a loved one. While drunk driving accidents and medical malpractice lawsuits are brought against the single person who was negligent, other cases can involve corporations and manufacturers. If a manufacturer sold a faulty part that caused the death, they can be sued. Even those who sold alcohol to a driver who causes a fatal crash can be held liable for the part they played. The suing party must look carefully at everyone involved to see who they should hold accountable.

The Case

The prosecution’s job is to prove that the person they are suing was actually negligent in the accident that caused the death. It is not the defendant’s responsibility to prove they are innocent, but rather the prosecution’s job to prove they are guilty. To do this, the prosecution must make the case that the defending party violated general rules of safety via negligence that put the deceased’s life at risk.

The Lawyer

It is incredibly hard to file a wrongful death lawsuit without the help of a lawyer. Wrongful death lawsuits invoke numerous laws and require a lot of proof in order to succeed. You may need a lawyer’s assistance gathering evidence and making your case, especially if the lawsuit goes to court. Reach out to a personal injury lawyer lawyer from Johnston | Martineau PLLP if you think you may be able to sue for wrongful death. They can provide a route toward compensation in your claim.

Filing a Claim After a Truck Accident

When you are leaving the scene of a truck accident and you were a victim in this accident, you may be wondering what the next steps are. Your adrenaline is likely starting to wear off, you may notice your injuries more, and you may be wondering if you have a legitimate claim for insurance. Usually, when a truck and a car get into an accident, the car is going to get more severely damaged than the truck. The same is true for the driver of the car. If you are wondering what next steps to take after leaving the accident scene, read on.

Speaking With Insurance

One of the first things you should do after you have been involved in any kind of vehicle accident is call your insurance. In many cases, if you do not call to report the accident to your insurance, your insurance may choose not to give you coverage. Remember, while it is important to give your insurance company the necessary information about an accident, you do not want to go overboard with the details, even if you believe you were not responsible. You can share information like: 

• Who the other driver is
• Where the accident occurred
• What time it occurred
• If anybody else was involved in the accident

If the truck driver’s insurance company calls you to see how you are doing, this is not a call you want to stay on. Politely tell them that you are getting medical help for your injuries and that you would prefer any further contact with them to go through your lawyer. At this point, if you have not already, it is in your favor to find a lawyer, like a truck accident lawyer from a law firm like The Law Firm of Frederick J. Brynn, P.C. Your attorney will be happy to speak with the insurance on your behalf and make sure not to divulge too much information to them. 

How do I know I need a lawyer? 

When you are in an accident as serious as a truck accident, there is always the possibility of leaving a great deal of money on the table if you do not have the right legal representation. While it may seem like the truck driver is clearly the one at fault, an insurance company will do whatever they can to pay out as little as possible. If you would like more information on filing a personal injury claim after a truck accident, speak with a local attorney now.