Legal term guide: wrongful death

Oct 04

The legal world is intimidating precisely because of how it speaks. What I mean is that lawyers speak in their own language, with their own terms, and our inability to understand intimidates us. Just as you might feel intimidated walking in a big city in some foreign country where the language isn’t English, so you feel intimidated talking to a lawyer who isn’t speaking to you in words you understand.

In some ways, the lawyer situation is worse. If you are in another town, you are probably there by choice: you’re on vacation, or you’re there on business. You can get over being intimidated and just enjoy yourself or get your work done. With a lawyer, though, you are probably only talking to him or her because you need a lawyer. Something has happened in your life that requires legal advice, and if that lawyer can’t explain himself or herself to you clearly, you are in for some real stress and potentially life-changing mistakes.

In an effort to ease these concerns, I’m going to start a series that covers some basic legal language. That way, you can speak to your lawyer and understand what he or she has to say.

The first time I’d like to cover is “wrongful death.”

You’ve probably heard of wrongful death suits; these occur after someone has died either by a mistake or willful violence of another. The surviving members of the family can then sue for the “pecuniary,” or financial, damages that the family incurs after the death of their relative.

Wrongful death can occur through several avenues: medical malpractice, automotive accidents, work-related incidents, and especially criminal behavior.

Most famously, OJ Simpson was sued for the wrongful death of his ex-wife Nicole Brown and her friend Ron Goldman. He lost the case and was required to pay out millions to the grieving families.

In order to win a wrongful death case, a few things must be proved: negligence or intent to harm was present, and the loss of this individual will have an adverse effect upon the family finances.

This second point is important. Though the wrongful death of a grandparent is tragic, it may not fall into this category of a lawsuit and may instead have to be filed more directly under a different category, such as, say, medical malpractice.

Though pecuniary damages are the main thrust of such lawsuits, there is also such a thing as punitive damages, which is money extracted from the guilty party simply as punishment. It is then awarded to the victims.

If you find yourself in the unfortunate situation of considering a wrongful death suit, be sure to find a lawyer who can appreciate the state of your emotions at the time. This lawyer’s site is a good example of people who seem to understand how difficult such cases are for the people involved.

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How You Can Sustain Traumatic Brain Injuries

Jun 08

Traumatic brain injuries are arguably some of the most devastating injuries you can sustain. This is because these injuries can affect you both physically and mentally, and depending on the severity of your case, these effects may even be so life-altering that they will limit your opportunities to be productive in school and work, or to be able to enjoy life to the fullest through recreation.

The website of Mazin & Associates, PC has even enumerated the possible consequences of mild and severe traumatic brain injuries, such as the following:

Mild to Moderate TBI

  • Difficulty in concentrating
  • Dizziness
  • Memory loss
  • Sensory problems, like blurred vision and ringing in the ears

Severe TBI

  • Coma
  • Loss of motor functions
  • Persistent headaches
  • Poor coordination
  • Vomiting

But how can you sustain traumatic brain injuries exactly? You can generally get it two ways. One, you can hit your head in a surface with enough force. Two, you can get hit in the head by an object with enough force. The following are the most common scenarios that may result into brain trauma:

  • Falling accidents
    • Falling from an elevated place and hitting the head upon reaching the ground
    • Slipping on a slippery substance on the floor and hitting the head on a hard surface
    • Tripping on an obstruction and crashing into the floor
  • Sports and recreation accidents
    • Crashing and hitting the head on a hard surface, such as in diving
    • Getting hit in the head by hard objects, such as balls and other player’s helmets
  • Traffic accidents
    • Getting hit in the head by a projectile, such as broken glass and other debris
    • Hitting the head into a hard surface inside the vehicle, such as steering wheels and dashboards
    • Hitting the head into a hard surface outside the vehicle, such as pavements and rocks
  • Violent acts
    • Being jammed into a hard surface, like a wall
    • Getting attacked by a hard object, like a baseball bat

According to the website of the Amerio Law Firm, those who have sustained brain injuries may take legal action, such as getting compensation from the responsible party. This is especially effective on instances where the responsible party has been negligent or reckless.

It is good to know that the law is on the side of those who have undeservedly sustained traumatic brain injuries. After all, this is the brain we are talking about, and damaging it can have serious consequences.

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Legal Options of Motorists Who have been Issued a Traffic Ticket

Apr 04

Legal Options of Motorists Who have been Issued a Traffic Ticket

In some states, traffic tickets serve as a citation and a summons to drivers to present themselves at a traffic court, where it will be determined whether they are guilty of the traffic violation they have been cited for. In other states, however, traffic tickets serve as a notice to drivers or owners of vehicles that a penalty, which may take the form of a fine or deduction of points, has been or will be made against him/her; failure to pay this fine can result to prosecution or to civil recovery proceedings for the fine.

A traffic ticket is issued by a traffic law enforcement officer to a motorist who will be caught violating any traffic law; it is issued to cite either a moving violation or a non-moving violation. A non-moving violation refers to a traffic offense involving a non-moving or stationary vehicle. Some examples of non-moving violations include:

  • Parking in front of a fire hydrant or at expired meter;
  • Parking in a no parking zone;
  • Parking without a permit at a spot reserved for handicapped individuals;
  • Staying too long in a parking area that has a time limit;
  • Broken or missing mirrors; and,
  • Excessive muffler noise.

Moving violations, on the other hand, are violations of any traffic law by a vehicle that is in motion. Some examples of these include, but are not limited to:

  • Speeding
  • Driving under the influence (DUI) of illegal drugs or alcohol;
  • Running a stop sign or red light;
  • Turning into a wrong lane;
  • Failure to use turn signals; and,
  • Driving a car with burned-out headlights

Motorists who want to contest a traffic infraction can make a proper request to the courts for a hearing, which can be before a magistrate or judge. Hearing dates can often be continued and witnesses or police officers can be subpoenaed. Involved motorists may also be represented by their respective attorneys who can defend them against the traffic infraction they are charged with. Being represented by an attorney may be beneficial to a motorist because an attorney would better understand how to contest an infraction in any given state or municipality.

After a traffic ticket has been issued, a motorist usually has 10 to 15 days to mail to the court that has jurisdiction over his/her case a plea of guilty, not guilty or “nolo contendere” (“nolo contendere” is a plea of no contest; this is neither a denial nor an admittance of a charge).
A motorist may also request either a mitigation hearing or a contested hearing rather than make a plea.

Though a driver, who has been issued a ticket, admits to having committed the violation he/she was cited for, this admittance is actually for a chance to explain to the judge the circumstances that made him/her commit the violation. Though a judge may reduce the amount of fine, he/she will not dismiss the ticket. For a ticket to be dismissed, the ticketed driver should rather request for a contested hearing.

Before paying any fine, making a plea, or requesting either a mitigation hearing or a contested hearing, it will be wise for a ticketed driver to first consult a traffic attorney, who knows how to contest an infraction. The fact is he/she may not be guilty at all, or the circumstances may have been exaggerated or misunderstood by law enforcement.

To keep ticketed drivers away from fear, more so, worry, the Truslow & Truslow law firm says, “No matter the violation, seasoned traffic attorneys can help them navigate the court system in order to achieve the best result possible. These traffic attorneys will also strive to protect involved drivers’ license and rights, and this includes other traffic related charges, including: moving violations, reckless driving, speeding, driving under the influence (DUI), driving under suspension (DUS) and ABC violations (open container).”

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Who Can be Accused of Sexual Battery?

Jan 03

Under both federal and state laws, crimes that cause innocent victims severe harm are considered serious offenses and are, thus, exacted with heavy punishments, like costly fines and/or years in imprison; some offenders are even sentenced to life imprisonment.

Serious crimes include: treason, which is betrayal of one’s country and the most serious crime in the U.S.; murder, which is the unlawful planned killing of another person; and, sex crimes, such as rape, predatory sexual assault and, in a number of states, sexual battery.

Sexual battery refers to any form of unwanted or non-consensual touching or sexual contact. It does not have to involve sexual intercourse or penetration, as in the case of rape. In some states, sexual battery is referred to as criminal sexual contact and it can be committed in many different ways, like grabbing or fondling a woman’s breast, forcing a kiss on the mouth, patting a person’s buttocks, forcing the victim to touch the offender’s intimate body part, or touching the victim’s genital area – all these acts are committed by an offender for the purpose of arousing or sexually gratifying himself/herself.

The most common victims of sexual battery are a relative, a classmate, a neighbor, an acquaintance, a co-worker, a friend, a dating partner, or even a spouse. According to Nashville criminal defense attorneys of Horst Law, sexual battery can be elevated to aggravated sexual battery, which is a Class B felony, if the offender committed the offense with the use of a weapon as a means of force or coercion, causes bodily harm, committed the offense with the help of another person, or if the victim is less than 13 years old.

In some states, sexual battery is considered a capital felony if the offender is at least 17 years old and the victim, below the age of 12, and if the act causes injuries to the victim’s sexual organ; capital felony can be punished with life imprisonment or death.

While the U.S. justice system is clearly bent on catching and punishing sex offenders, it may sometimes be lacking the initiative or the desire to look into the possibility that the accused is actually innocent. This does not to discredit the system of justice, but to point out that, in certain cases, especially where the victim is a child, an automatic bias is usually developed against the suspect.

A charge as serious as a sex crime, more so a conviction, can and will destroy everything that an accused holds dear and important. Hoping to clear one’s name will require only the best defense from a determined criminal defense lawyer

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Consequences of a Hit And Run Accident

Oct 20

When you get involved in a car accident, the law requires that you stay at the scene of the crime until a law enforcer arrives or you have exchanged information with the other driver. Under the law, when an accident involves an injured person, a minimum requirement is to call for emergency assistance. You are also required to alert law enforcers about the accident. If you fail to do these requirements, then you could e charged with hit-and-run.

Running away from your responsibility in a car accident is a misdemeanor offense. However, Tennessee car accident lawyers at Pohl & Berk, LLP will tell you that hit and run can have serious consequences especially if an injured person is inserted into the equation. Hit and run is a misdemeanor offense. However, depending on the consequences, it can also become a felony. The difference between the two depends on whether an injured person becomes involved.

Hit and run is a misdemeanor if the accident only results to property damage. Under Vehicle Code Section 2002, misdemeanor hit and run has the following elements:

  • You ran away from the scene of the crime when the other driver is at-fault
  • Your car hits and damages another person’s property
  • You may be at-fault even though your car did not crash into another

Hit and run is elevated to felony if you leave the scene of the accident with an injured person. Whether it’s the driver, passenger, or pedestrian, the accompanying punishment can be more severe. The fines may vary depending on the state, but it will always include jail time aside from the penalty. The most severe consequence of hit and run is you will be treated like a fugitive. The police will locate you and a warrant of arrest will likely be issued against you.

With hit and run, you have both a civil and criminal offense. Usually, the civil case will first be put on hold while the criminal case is being tried.

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The Hazard Communication Standard

Jul 08

Any kind of hazardous agent can cause occupational disorders and diseases, including systemic toxicity, or systemic effects, and occupational skin diseases (OSD), which are actually the second most common types of work-related diseases. While systemic toxicity damages internal organs once the fumes of toxic substances are inhaled, the development of occupational skin diseases occurs when the skin comes in contact with hazardous chemicals. There are several different forms of occupational skin diseases, including irritant and allergic contact dermatitis, skin infections, and skin cancers.

The Centers for Disease Control and Prevention (CDC) says that there are at least 13 million workers in the U.S. whose jobs regularly exposed them to hazardous chemicals, like Acetone, Acetonitrile, Ammonia, Asbestos, Benzene, Chloroform, Dichloromethane, Ethyl Acetate, Formaldehyde, Hexane, Lead, Methanol, Tetrasodium Pyrophosphate, and Titanium Dioxide.

Employers all the across the US have the responsibility of assuring their employees of a safe and healthy working environment. This responsibility, which is mandated by the Occupational Safety and Health Act (OSH Act) which the United States Congress passed into law in 1970, is enforced by the Occupational Safety and Health Administration (OSHA) which, in turn, was created by OSH Act in 1971. Part of OSHA’s endeavor in maintaining health and safety in all workplaces, but more so in sites where workers are exposed to chemical hazards, it enacted the Hazard Communication Standard (HCS), which took effect in 1986.

The HCS, also called the Worker Right-to-Know Legislation or the Right-to-Know law, gives workers the right to know everything about the chemical hazards they are exposed to and how they can protect themselves from these. To fulfill these, employers are mandated to train their workers on the proper handling and storing of chemical substances, and provide their workers with the necessary gears which will protect them from any form of harm.

Workers who are often exposed to potentially harmful substances, include those in the following industries: construction, agriculture, mechanics, printing/lithography, painting, cleaning, cosmetology, health care and food service.

According to The Benton law firm, companies should have proper safety features in place to protect workers against workplace accidents and injuries. Failure to ensure the presence of these safety pictures makes employers totally liable for whatever injuries their employees may sustain.

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What You Should Know About Reckless Driving

Mar 09

According to the car accident lawyers at Evans Moore, LLC, reckless driving is, in fact, one of the most common causes of accidents on the road, and it also takes different forms. People often associate reckless driving with the mere carelessness of a person while driving, and some even think that the consequence to it is just a simple speeding ticket or a traffic violation ticket. While carelessness is an operative word in such cases, there are far more factors that are considered before an accident is ruled as reckless driving.

Legal Match stated that the court considers the following factors, among many others, for reckless driving: condition of the weather, time of day (and whether the driving was safe or appropriate for the time), presence of other people, and whether the manner of driving was more than just negligence. The charges filed on reckless drivers differ depending on the state, but it is usually deemed as a misdemeanor, whether a criminal or a traffic offense.

The attorneys at Pohl & Berk, LLP said that in Tennessee, the common types of reckless driving include tailgating, racing, fleeing from police, ignoring road signs and signals, illegal passing, and many other more. The consequences, according to Legal Match, may mean that the violator will have a criminal record or have the driving privileges suspended. Reckless driving may also subject a person to probation or a year in prison, although it still depends on the degree of the accident and the existing law in the state.

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What You Need To Know About Lung Cancer

Oct 17

Lung cancer is considered the leading cause of cancer deaths in the U.S. According to the Centers for Disease Control and Prevention, the disease killed more than 150,000 people in the country in 2012. You are at highest risk of lung cancer when you smoke. Other risk factors associated with lung cancer are exposure to second hand smoke, asbestos, and radon gas. You may also be at risk if you have a family member who has the disease.

Apart from those mentioned above, you increase your chance of getting the disease by being constantly exposed to polluted air. Unfortunately, not all vehicle companies are sincere in their fight for a cleaner air. On their website, attorneys at The Discroll Firm talk about how Volkswagen deliberately sold vehicles with a special “defeat device” to lower pollutant levels during an emissions test in order to cheat it. The auto maker admitted that it sold around 11 million of such cars worldwide.

Signs and symptoms of lung cancer seldom occur during its earlier stages. As the disease progresses, you may experience persistent cough, chest pain, hoarseness, and wheezing. You may also cough up blood, experience headaches, and unintentionally lose weight.

If you think that you are at risk of lung cancer and are experiencing any of its symptoms, visit your physician immediately for a test. After a complete physical exam, he may recommend imaging tests, such as computerized tomography (CT) scan and magnetic resonance imaging (MRI) to see potentially cancerous lesions. A sample of a lung tissue can also be obtained for testing. If you have a productive cough, a sputum test may also be recommended.

Finally, you may also consider testing for lung cancer even if you are healthy, although you still need to consult with your doctor to know its possible advantages and disadvantages.

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Air Traffic Controllers

Jun 15

Since the invention of air travel, this technology has become widespread and now connects the globe. While this form of travel is innovative and exciting, it also comes with increased risk. Airplanes are complex vehicles and it takes a highly trained group of individuals to safely navigate an aircraft from its departure to its destination. Among this team are individuals known as air traffic controllers. Louisville personal injury lawyers will probably tell you that air traffic controllers are “trusted with the responsibility of overseeing and maintaining the flight plans that fall within their airspace, and expected to make split-second decisions to prevent accidents should a potential incident ever arise.” This is an extremely challenging position which requires proper training and constant vigilance. Should and air traffic controllers fail to make the correct judgement calls, the results can be catastrophic for passengers of multiple aircrafts. Common aircraft controller errors include: misreading the radar, allowing too many planes onto the runway, and flying aircrafts in too close of proximity.

There are two different types of air traffic controllers- military and civilian. In some nations, military air traffic controllers regulate all air traffic, even that of domestic airlines. In other nations, military aircraft controllers regulate only military aircraft travel, while civilian aircraft controllers regulate all other types of air travel.

Air traffic controllers face a huge responsibility and must be held accountable for any lapse in judgment which could have devastating results. If you or someone you know has been affected by an air travel accident due to the error of an air traffic controller, you may be entitled to certain damages. It is important to know what precautions are expected of local air traffic controllers.

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Potential Surgical Dangers of the Da Vinci Robot

Apr 16

The Da Vinci Robot is a multi-armed machine used for minimally invasive surgical procedures. It was introduced around the year 2000 by Intuitive Surgical Inc. with the intention of reducing the risk of infection for routine surgeries. Instead of manually cutting into a patient’s body, a surgeon can make a small incision and use the robot’s arms to accomplish the procedure. The patient will no longer have to be exposed in the surgical table for a long time. The doctor can complete the operation at a distance, simply using a 3D image as a guide.

Considering these obvious advantages, the Da Vinci Robot soon became a popular tool in hospitals all around the world. However, certain issues with innovative surgical machine have recently come to light. As found by the National Injury Law Center, a number of lawsuits have been filed against Intuitive Surgical for serious injuries supposedly caused by their surgical robot. One of the most recent lawsuits involves a 24 year old woman in New York City dying of punctures to her arteries and intestines after she went through a hysterectomy.

Several other lawsuits have been filed as early as December 2003. In these claims, the plaintiffs have individually noted that the Da Vinci Robot caused the death of patients during surgeries that are considered simple and routine. Among their complaints include the following dangers that were said to be caused by the multi-armed machine:

  • Burns and tears of internal organs
  • Punctures in blood vessels or ureters
  • Serious injury to bowels
  • Excessive bleeding

Despite reports of such potential dangers, the Da Vinci surgical machine is still widely used by surgeons everywhere. If you or anyone you know suffered grave complications after a surgery that involved the machine, you may be able to seek just compensation through a personal injury or wrongful death lawsuit. Contact an experienced lawyer in your area to learn more about your options.

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