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.
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 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.
Are You Able To Sue For Injuries Your Pet Has Sustained?
For many people, their pets are their family and any injury they sustain is a serious issue. If your pet has been injured, you might want to know if you are able to sue for compensation. It is possible to sue for injuries that your pet has sustained, but you need to know what you should do and how much you would be able to claim.
Suing For Injuries Your Pet Has Sustained
If your pet has been injured through the malicious actions or negligence of another person, you will be able to sue them for compensation. Before you do this, you will need to take your pet to the vet and have them document all their findings. If your pet was injured by their normal vet, you should take them to a different vet for this examination. You also need to request copies of the treatment record so that you have an accurate costing of your pet’s care.
It is important to note that the laws for pet injury and death will vary depending on the state and in some cases the county. Most states do not have specific laws which relate to the amount that you are able to recover in your lawsuit. This means that your compensation could vary depending on the judge that oversees your case.
How Much Can You Claim?
Pet generally mean a lot to their owners and this can make it hard to determine a compensation figure to claim for. However, the compensation that you will generally be able to claim will include the ‘market value’ of your pet or how much it would cost you to replace them with an animal of the same breed. You will also be able to claim the costs of vet care, but only if it is proven that your pet received reasonable treatment. Contact one of our experienced attorneys at The Miami Injury Lawyers today.
With millions of people residing in nursing homes around the nation, it’s essential to understand their rights and what can occur on a day-to-day basis.
Being in a nursing home isn’t always a “safe spot” and can become a source of concern due to underlying abuse. Yes, nursing home abuse is a reality faced by thousands of seniors around the world.
It’s important to recognize the issue and combat it head-on rather than letting it continue as is. Here is more on nursing home abuse and what an individual can do about it well in advance before it continues to carry on.
What Is Nursing Home Abuse?
Nursing homes residents have allocated rooms in the building and are taken care of by caregivers.
These caregivers or the nursing home itself can start abusing the residents. This can occur for a number of reasons, and the abuse may include mental trauma, physical trauma, unlawful captivity, and more.
These are illegal and criminal actions, which often go undetected.
Beating Nursing Home Abuse
Speak to a Lawyer: The most important thing a person can do is speak to legal counsel on the matter. This can help understand your rights along with prosecuting those who are on the other end of this abuse.
Please take the time to do this as soon as possible rather than letting it continue.
This can be a problem for numerous people in the same nursing home, and it’s best to take action right away.
These are the details for those who are trying to get an understanding of what nursing home abuse is all about and what a person can do as they look to move forward with their life.
Those in a nursing home do have rights, and it’s important to keep this in mind while pushing forward for a quick resolution.
Are You Able To Sue For Injury If You Fall On The Sidewalk?
If you fall and injure yourself on the sidewalk, you might wonder if you can sue for the injury. Your ability to sue will depend on liability and what you are able to prove. Simply falling on the sidewalk is not enough to constitute a lawsuit.
Suing The Property Owner
If you are fallen and injured yourself on a sidewalk that needs to be looked after by the property owner, you need to prove that the property owner was negligent. The sidewalk being in a condition that allows you to fall does not automatically make the property owner negligent. To sue the property owner, you will need to prove that the sidewalk was in an unreasonably unsafe condition when you fell. You will also have to prove that the property owner was aware of this factor should have been aware of the condition of the sidewalk.
Falls On Public Sidewalks
If you have fallen and injured yourself on a public sidewalk, your ability to sue will depend on the state laws. This is due to the fact that liability is determined by these laws and the deed of the homeowner. In some states, municipalities will be liable for the upkeep of public sidewalks while in other states liability may be less clear-cut. In these states, the municipality might be liable or the property owner might be liable.
If you are injured on a public sidewalk, you need to be aware of 2 limitations on your right to sue the municipality. The first is that some states will place a limit on the amount that you are able to recover from your injuries. The second is that there could be a strict notice and time deadline for the claim. Contact one of our attorneys today to schedule a free consultation and to discuss your case.
What Is Mesothelioma And What Type Of Prognosis Should You Expect?
Most people think of mesothelioma as a type of lung cancer, but it can also start in or spread to the heart and the abdomen. Some people incorrectly associate mesothelioma with smokers, but is caused by asbestos exposure. While mesothelioma has been widely talked about in recent years, the fact remains that it is a rare form of cancer. If diagnosed, however, the prognosis is not good.
One of the reasons that the prognosis is so grim is that there is currently no cure for mesothelioma. Another reason is due to the fact that this rare cancer is very aggressive. After the diagnosis, there are three major factors that determine individual prognosis or life expectancy. What stage the cancer is in overall is certainly one of the main factors that are considered. The number of tumors present as well as their size and location is also important. Cell type is the third factor.
Is Mesothelioma Fatal?
If you or a loved one has recently been diagnosed with this rare form of cancer, you need to be aware of the life expectancy. On average, life expectancy for mesothelioma patients is anywhere between 12 and 21 months. Less than half of all people diagnosed with this disease make it past that year mark; however, there are those patients, approximately 9 percent of them in fact, who make it to 5 years.
One of the other difficult aspects of a mesothelioma diagnosis is that it usually occurs once the cancer is in a later stage. Symptoms aren’t typically detected until then, and so this affects both treatment and prognosis. It should be understood that there are different types of malignant mesothelioma, peritoneal and pleural. Treatment options have improved over the years, and it is the hope of everyone that there will one day be a cure for this rare and deadly form of cancer.
Contact a Mesothelioma Attorney Today
Mesothelioma is a form of personal injury. If you or a loved one has been diagnosed with mesothelioma, you should contact an experienced attorney right away. The Miami Injury Lawyers have handled dozens of these types of cases and are right for the job.
The Different Ways To Pay A Lawyer
If you’ve never hired a lawyer before, you may have questions regarding payment. Most attorneys ask to be paid in one of three ways. Read on to learn more about the most common payment options:
Contingency: Many lawyers are willing to work on contingency. This means that the attorney will only be paid if their client wins their case. Most lawyers will only take on these types of cases if the client is likely to receive a settlement. Some lawyers may ask for a percentage of the settlement rather a flat fee.
Paying By The Hour: A number of lawyers bill by the hour. If a lawyer charges an hourly rate, you will be billed for each hour of time that an attorney spends working on your case. This is the most common payment method for attorneys.
Many lawyers that charge an hourly rate will also ask clients for a retainer. A retainer is essentially a down payment on a lawyer’s services. In most cases, any unused portion of the retainer will be non-refundable.
Paying A Flat Fee: Some lawyers will be willing to quote their client a flat fee. The client will only have to pay a single, onetime charge. They won’t receive any additional bills from the lawyer.
Attorneys are usually only willing to charge flat fees for certain types of jobs. For example, it’s not unusual for lawyers to charge a flat fee if they are preparing a will or reading over a contract for a client.
There are many different ways to pay a lawyer. If you are meeting with an attorney, you should ask them what they charge and how they would like to be paid. You should have a clear picture of what your legal expenses will be.
The Miami Injury Lawyers work on a contingency basis and offer free consultations to potential clients. Contact our office today with your story. We want to help you get the maximum compensation possible.
Choosing The Right Personal Injury Lawyer
Personal injury cases are problematic because you have to go with proper legal representation. If not, you are not going to win!
This is why it is time to take a glance at what you need as you start looking for the right personal injury lawyer for your legal needs.
1) Assess Credentials: You need to take a look at their credentials to see whether or not they are the real deal. Going with those who aren’t the real deal isn’t an option and should be the last thing on your mind. Only go with those who have appropriate expertise on the matter.
2) Find Specialized Lawyer Only: Some lawyers tend to work in a variety of specializations, and that can be a risk. You want to go with someone that only does personal injury cases because he/she will know what to do the right way and isn’t going to cut corners.
3) Meet In Person: Always ask to meet them in person before you sign off on anything. You want to go with someone who is courteous, compassionate, and knows what to do. This is only going to be determined when you meet him/her in person to sit down and talk.
4) Understand Needs: Too many people end up going with lawyers who aren’t understanding their needs and that can be an issue. However, an additional problem has to do with you not realizing what has to be done and what you are paying for. Always keep this in mind!
Take the time to sit down and see what you are hoping to receive from the services of a personal injury lawyer before looking around.
These are the tips for choosing the right personal injury lawyer and winning in the court of law with proper legal representation.
The Miami Injury Lawyers
If you are looking for a personal injury lawyer, look no further. The Miami Injury Lawyers are prepared to handle any case that comes at them. Contact us today for a free consultation.
Key Characteristics Of A Good Attorney
Choosing a reasonable attorney is going to take time when it involves personal injury cases.
You want to pay attention to your options, but also know what characteristics matter in the long-run. Here are some of the key attributes of an excellent personal injury attorney.
1) Experienced: Their experience is going to matter a lot when you are figuring out who to go with and the value they will bring into your life.
The wrong attorney is someone who doesn’t have experience or the requisite knowledge to help you out in the long-term.
2) Passionate: Always go with a person that is passionate because it is the only way you are going to see real results in the long-term. Otherwise, you are not going to be happy with how things are going or the results you are seeing in general.
3) Courteous: When you meet with the attorney in person, take the time to see how he/she behaves with you as a client. You want to go with someone that is compassionate and ready to listen to what you have to say. No one should go with an attorney that is rough or not willing to listen.
4) Organized: You should never go with an attorney that is rushed or doesn’t look like he/she is organized. This is when you are going to run the risk of hiring someone who is below par or won’t take your needs seriously.
These are the things you have to wish for when it comes to a personal injury attorney. If you are not thinking about these details and assuming you are going to find someone professional without trying, then the results will be average at best. You need to take the time to look for these details in a personal injury attorney.