Blog

The Differences Between Medical Malpractice And Personal Injury

There are a lot of people who think that medical malpractice and personal injury are the same thing. The truth is that there are a number of differences between them that you need to know about. These differences will help you understand what each cover and where your case may fall.

The Complexity

Personal injury cases will generally have a wider scope than medical malpractice. However, medical malpractice cases are generally more complex. This is due to the fact that the plaintiff needs to demonstrate that the medical professionals or hospital were at fault. With a personal injury case, it is generally easier to determine this.

Issues In Dispute

With personal injury claims, there is generally a clear sign of who was negligent. The driver of the other car may have cleared rear-ended your vehicle causing your injuries. With medical malpractice cases, doctors and hospitals will generally fight very hard to deny any fault. It can also be harder to determine negligence because of the complexity of the medical procedures.

Expert Witnesses

Medical negligence cases require the hiring of multiple expert witnesses to determine negligence. These witnesses will examine the medical records and provide an objective opinion on the case. Expert witnesses are generally not required with personal injury cases and will not cost as must to hire as medical negligence ones.

The Statute Of Limitations

The statute of limitations for personal injury claims will vary depending on the state. The statute of limitation for medical malpractice cases will generally be shorter than personal injury. In most cases, a patient will have one year from the time of injury to file a medical malpractice case while personal injury cases can be filed anywhere from 2 to 5 years after the accident. Of course, the exact times will vary on the case and the state.

Can You Sue The Police For Injuries They Have Caused?

If you have been injured and believe that a police officer caused the injury, you might want to sue them for compensation. The problem is that suing a police officer or the police, in general, is not that simple. The police are government employees and this means that they could be immune from being sued while performing their official duties. If you want to sue the police, you will have to prove that their conduct was intentionally unreasonable.

Filing A Government Tort Claim

Before you can look at a lawsuit against the police or a specific police officer, you will need to provide a notice of your claim. This notice will need to be given to the police or the local government that is in charge of the police. They also need to be given time to respond before you proceed.

In most cities, you will have to file a Tort Claim also known as a Government Tort Claim. This is a special form which is only used by people who are seeking compensation from the police for an injury. The form will need to be submitted within a set amount of time after the injury has occurred.

Waiting For The Response

Local and state law will dictate how long a local jurisdiction has to respond got your Tort Claim. There are times when the government will respond with a settlement claim. It is recommended that you speak with an attorney before you accept any settlement offers. There is also a chance that the government will reject your claim or fail to respond within the stated amount of time. In these cases, you will be able to file a full lawsuit against the police department or the police officer who caused your injury.

How To Determine Fault in a Car Accident

Determining fault in a car accident is very important for a number of reasons. The primary reason is that the person at fault will be liable for the costs related to the accident. Fortunately, there are a number of ways that fault can be determined and you need to know what they are so you are prepared for any accidents you might be in.

How To Prove Fault

Fault will need to be proven with evidence. This evidence can vary from pictures of the accident scene to eyewitness testimony to police reports. In most car accidents, fault does not have to be proven beyond a reasonable doubt. If you are going to sue someone who you were in an accident with, you will simply need to show clear and convincing evidence of fault.

Typical Fault Patterns

There are many states that have typical fault patterns which place fault on a certain individual in certain car accidents. If you are in a rear-end collision, most states will place the fault on the driver of the last car. If there are multiple cars involved in a rear-end collision, each car that hit another will be considered at fault and will be responsible for the accident.

Other Methods To Determine Fault

If the accident is not a rear-end collision, it can be harder to determine who is at fault. In most cases, you will need to look at the driving laws of the state for guidance on determining fault. If the accident occurred when one car was performing a left turn, you should check to see if the light were in that driver’s favor. If they were, then the other car will be at fault because they should not have been traveling through the intersection. Additionally, the driver that is speeding will generally be the one who is found to be at fault for an accident.

Contact a Car Accident Attorney

The attorneys at The Mimi Injury Lawyers are well versed in car accident law. Contact one of our attorneys today to schedule a free consultation.

Deadliest Type of Car Accidents

The Deadliest Types Of Car Accidents

Driving a car can be dangerous regardless of where you are. This does not mean that you should not be aware of what the deadliest types of car accidents are. There are many different car accidents that you could be a part of, but you need to avoid the deadliest types as much as possible.

Multiple Vehicle Collisions

One of the most deadly car accidents is a multiple vehicle collision. These accidents will generally happen on busy roads such as the freeway and could lead to severe and fatal injuries. The severe injuries come from the fact that the people in the vehicles in the accident are hit multiple times with the impact from a new vehicle. There is also the fact that multiple vehicle collisions can be hit from different angles which causes damage to different parts of the car and to the body of the person in the car.

Head-On Collisions

After multiple vehicle collisions, head-on collisions are the next deadliest. head on collisionThis type of car accident can occur anywhere from a busy road to a parking lot. As the name suggests, these collisions occur when two cars hit each other head-on. Most head-on collisions will result in fatal or life-changing injuries because of the amount of metal that will enter the interior of the car. It is also important to note that the higher the speed of the vehicles at the time of collision, the more fatal the accident will be.

Vehicle Rollovers

Another deadly car accident is when a vehicle rolls over. This type of Vehicle rolloveraccident can involve only one vehicle and could be caused by sudden turns made at high speeds. Vehicle rollovers can occur anywhere and will often be fatal depending on where the vehicle has rolled and whether the driver and passengers were secured.

Contact a Car Accident Attorney

If you have been in a car accident and suffered an injury, minor or severe, contact an experienced car accident attorney today. The Miami Injury Lawyers specialize in car accident cases and will get you the maximum amount of compensation you deserve.

What is Wrongful Death?

There are a lot of people who wonder what constitutes a wrongful death. These people will generally be the loved ones of someone who has passed before their time. If you are in this situation, you might want to know what a wrongful death is and whether your loved ones passing constitutes this.

What Is A Wrongful Death?

A wrongful death is when someone is killed or dies as a result of the wrongful actions of another person. What constitutes a wrongful death will vary depending on the state and the Tort Laws which are in place. In most states, the family an individual who has died due to the willful negligence and misconduct of another person will have the right to file a wrongful death lawsuit.

Most wrongful death lawsuits will generally follow a criminal trial for the death of the individual. The criminal trial will provide the evidence which is needed to file a wrongful death claim. The benefit of these claims is that the standard of proof will be lower than for a criminal trial. It is important to note that people who are found guilty in a wrongful death lawsuit may not always be convicted of the crime associated with the death.

Who Can File A Wrongful Death Lawsuit?

If you believe that your loved one passed away due to the actions of someone else, you may be able to file a wrongful death lawsuit. Most states will allow for the surviving spouse, children and next of kin to file a lawsuit. Other family members may have a harder time proving their claim and you will need to speak with an attorney in these cases.

It is important to note that there are certain states where only minor children are able to file a wrongful death lawsuit. These states believe that adult children do not require the support provided by the claim. Contact The Miami Injury Lawyers if your loved one has passed away due to another person’s reckless behavior.

Biggest Insurance Companies in The World

Where Does The US Stand Regarding The Biggest Insurance Companies In The World?

When asked to name one of the largest insurance companies, people in the US might say Allstate or Blue Cross Blue Shield. Which company would you name? The global insurance market is much bigger than the companies mentioned above, and of course, healthcare leads the way. The biggest insurance companies in the world are diversified players, which means they make an effort to cater to the insurance needs of individuals on all levels, and across the globe.

There are geopolitical risks that can affect the balance sheets of the insurance companies that continue to expand. When looking at the top global insurance companies, what metrics are the most important? Revenue is of course chief, but you have to consider debt, too. Profits and of course assets, in general, must be put under the microscope so to speak. Many of these companies have gone public, and so market value is, of course, important as well.

What Are the Largest Insurance Companies in the World?

Just because you have to look far beyond the horizons of companies like Blue Cross Blue Shield and Allstate doesn’t mean that the US doesn’t have companies on the list of top global insurers. In fact, according to a recent Forbes ranking of the top insurance companies around the globe, the US charted four of the top 25. As you can imagine, China has insurance companies on that list, too, as does Japan and other countries.

China and Japan have the same number of companies on the top 25 list as the US does. Who are the top 3 global insurers? Ping An Insurance Group from China is #1, Allianz from Germany is #2 and AXA Group from France is #3. As for the US, it is MetLife that holds the top spot. The three other companies out of the US that rank in the top 25 insurers globally are Travelers, Aflac and Allstate.

What is Product Liability?

The Basics Of Product Liability

Every year, dangerous and defective products cause thousands of injuries. This is why there are Product Liability laws which are used to determine liability and compensation. If you have been injured by a product, you need to understand what product liability is and what you can do regarding this.

What Is Product Liability?

Product liability refers to the seller or manufacturer of a product being held at fault for placing a potentially dangerous product in the hands of the consumer. In most cases, responsibility will fall to the seller of the product as they are the source for the customer. All products must, by law, meet the ordinary expectation of the customer and when a product is defective, these expectations will not be met.

It is important to note that no federal product liability laws are in effect. If you want to file a product liability claim, you will need to do so based on the state product liability laws. The claim will also need to be brought under specific terms such as strict liability, breach of warranty and negligence. There are also commercial statutes which can be used in product liability claims such as the Uniform Commercial Code which contains rules about warranties.

The Responsible Parties

Historically, product liability claims would work on the relationship known as privity of contract which existed between the seller of the product and the injured party. In most states, this requirement does not exist any longer and the person who was injured does not have to be the person who bought the product. If you can prove that you would generally have used the product and would have been injured, you will be able to file a claim against the seller even when you are not the person who purchased it.

What is the Definition of a Defective Product?

What Are Defective Products And In What Ways Do They Become Liabilities For Companies?

You often hear about products being recalled due to certain defects. If not recalled in time, those defects can cause accidents and injuries. Those accidents result in personal injury lawsuits, and huge settlements can be awarded. In the case of a product defect, multiple consumers can be involved in regards to filing civil suits. These types of situations are tragic first and foremost, and they are also huge liabilities for companies that drop the ball so to speak.

When you look at personal injury cases involving defective products, you see all kinds of examples. Any product sold on the market can have a defect of some kind, and not all of them are necessarily going to result in personal injury. What exactly is a product defect? To help you better understand the definition, let’s look at a specific personal injury lawsuit regarding a product defect.

There was a case involving a Chevy Malibu with a defective gas tank. The tank was full of gasoline at the time it was involved in an accident, and six people were inside. The original settlement was for $4.9 billion. In this case, the product defect resulted in personal injury to all six plaintiffs.

Products are designed to work or be used as intended, without defects. Consumers trust manufacturers that the products they purchase are going to be safe. A defective product is one thing, but one whose defect can result in injury is a different story. Most often, you will see information about defective products written in legalese.

Companies whose defective products do not pose safety risks are only liabilities to the companies themselves. Consumers return those products for a refund. A product defect that poses safety risks and results in bodily injury, however, falls into the category of products liability. Companies have to watch out for all types of product defects, lest they are held accountable.

Can You Sue For Emotional Injury?

Emotional InjuryInjuries are not always physical, emotional injuries can be as debilitating as physical ones. Emotional injuries can lead to mental suffering which results in issues such as depression, anxiety, panic attacks and suicidal thoughts. If you have suffered emotional injuries, you might be wondering if you are able to sue the person responsible.

Can You Sue For Emotional Injury?

It is possible to file a lawsuit for emotional injuries and these are generally emotional distress claims. However, it is important to note that the lawsuit will depend on the state that you are in. You will need to consider the state laws and the facts of the case to fully determine if you are able to file an emotional distress claim.

There are several states where an emotional distress claim is reliant on a physical injury. In these states, you will need to prove that the physical injury caused your emotional injury and that the person you want to sue is responsible for this. There are some states where you are able to file an emotional distress claim without a physical injury, but you will need to prove that the emotional injury was caused by the negligence of the other person.

In general, you will be able to file an emotional distress claim if you have witnessed the injury or death of a family member. You can also file if you are a bystander to an event which caused death or injury, but you will have to prove that you were within the danger zone. It is also possible to file a claim if the body of a deceased family member was mishandled.

Your claim may also rest on the type of person you are. Fragile class individuals such as the elderly, children and pregnant women are more likely to have success with a claim. People who are classed as unusually sensitive will generally not be entitled to claim.

Contact A Personal Injury Attorney

The Miami Injury Lawyers are experienced in all categories of personal injury law. If you have been injured, physically or emotionally, due to another person’s negligent behavior, you may be entitled to compensation. Contact our office today to schedule a free consultation.

Can You Sue For Injury if You Signed a Waiver?

Can You Sue For Injuries If You Have Signed A Waiver?

Liability waivers are not uncommon and you will be asked to sign them in a variety of situations. You may be asked when visiting a theme park or when completing certain activities such as skydiving. However, if you are injured and have signed a waiver, you will need to know if you can still file a lawsuit.

Can You Sue After Signing A Waiver

If you are injured after signing a waiver, you might still be able to sue. This is due to the fact that the law is expansive and will take into account various complications which could make the waiver void. However, if you want to file a lawsuit after signing a waiver, you will need to prove that the liability waiver is invalid.

The Validity Of Liability Waivers

The validity of a liability waiver will vary depending on the state you are in. Most states will have certain criteria that the waiver needs to meet in order to be legally valid. You will have to prove that the waiver does not meet these criteria before you are able to file a lawsuit. Most states call for the waiver to be clear, unambiguous, unequivocal and specific.

This means that the waiver must be written in clear language that allows the person signing it to understand the rights that they are sacrificing. If the language is not clear or could be taken to mean more than one thing, the waiver will be invalid. If the terms of the waiver are at all ambiguous, the waiver will also be invalid.

The waiver will also need to use language to specify the limited liability. The waiver will also need to reflect the terms that are being agreed to. If the waiver is not specific, it could be seen as ambiguous and invalid.

Contact an Experienced Liability Waiver Attorney

If you have been injured and signed a waiver before participating in an event, you should contact an experienced attorney. Contact The Miami Injury Attorneys today for more information.