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Handling A Wrongful Death Claim

When a family member suspects the wrongful death of a loved one, they can file a particular type of personal injury claim known as a wrongful death claim. Even if no one is criminally responsible for the death, someone may be held civilly liable through a wrongful death claim. Common causes of wrongful death claims include accidents, defective products, exposure to hazardous materials, and medical mistakes.

In Massachusetts, the decedent’s estate has three years from the time of death or time of discovery to file a wrongful death lawsuit against the liable parties. Spouses, children, and parents are given priority when filing a wrongful death claim. Other relatives may file, if the deceased left behind no immediate family members.

Trial versus Settlement

When it comes to receiving payment from a wrongful death claim, there are several options. Many cases go to trial, but not all do. A wrongful death case can drag on and take years for a claim to be resolved at trial. Due to the time-consuming commitment to see a case to the end, many choose a settlement option.

While a judge or a jury determines a plaintiff’s award in a trial, the plaintiff or the defendant can propose settlement terms. When deciding on a settlement, it’s important to ensure that the settlement will cover current and future damages.

What about Damages?

Damages awarded in a wrongful death lawsuit may belong to the estate. The Commonwealth of Massachusetts has a cap of $500,000 on all non-economic damages in medical malpractice cases. The damages that can be recovered in a wrongful death lawsuit include pain and suffering, medical and funeral costs, lost wages, lost benefits, loss of consortium, and loss of inheritance.

Before You Settle

There are several factors to consider before deciding to settle. The amount the lawsuit is worth, the length of the trial, and how long it will take to go to trial are all crucial considerations. Additional factors include the likelihood of obtaining a favorable judgment, the other side’s ability to pay the judgment, the other party’s desire to settle out of court, and whether there is the chance of arriving at a partial settlement.

Settling Out Of Court

There are two other options for settling outside of court, mediation or arbitration. These options are considered a middle ground between accepting a settlement and going to court.

The process of mediation involves the two parties meeting and discussing the case at hand with a neutral mediator. After hearing both sides, the mediator will offer their expertise and advice to the parties so they can agree on settlement terms. Similarly, parties can meet with an arbitrator who will make a ruling based on his or her interpretation of the situation after reviewing evidence from all parties.

Mediation and arbitration are viable alternatives to litigation. These options do not cost as much as court and legal fees do, and they do not take up as much time as a trial would.

The decision to file a wrongful death claim isn’t easy. Our skilled attorneys can advise you on how to proceed through this difficult time.

I was injured as a passenger of an Uber driver, who is responsible for damages?

If you’re injured in a ride-sharing vehicle, such as Uber or Lyft, you have a right to get compensation for your injuries and other damages.

Financial responsibility typically falls on the insurance company of the at-fault driver, which may be the ride-sharing company’s driver or another driver involved in the accident who caused the crash.

The ride-sharing driver’s car insurance coverage will apply to passenger injuries only, if the driver has a commercial insurance policy or a personal car insurance policy with a special provision providing coverage while engaged as a ride-sharing driver. However, many ride-share drivers do not have such coverage. Additionally, personal car insurance policy usually has a “business use exception” that won’t cover damages and injuries that occur while the insured is acting as a for-profit driver.

If the driver’s insurance will not cover passenger injury, Uber and Lyft carry third party liability insurance coverage, which pays up to $1 million for personal injuries and property damage per accident, either way the victim should always hire someone like the Personal Injury Attorney Pittsburgh. The third-party liability insurance will only cover costs when the ride-sharing driver is at fault for the accident; the ride-sharing driver’s own insurance has been exhausted; or the responsible driver is unknown, doesn’t have car insurance, or doesn’t have enough car insurance to pay for your injuries.

If the above insurance policies do not fully compensate you, or the insurance companies refuse to pay out, you can try going after the ride-sharing company itself. However, this should be considered a last resort option.

If you’ve been injured in a car accident and specifically while riding in an Uber or Lyft, contact us immediately to discuss your options.

I was leaving the construction site after a day’s work and was struck by falling debris causing injury. Do I have a workman’s comp claim?

Workers’ compensation is a benefit used by states to compensate employees when they are injured at work. Massachusetts, the Department of Industrial Accidents (DIA) oversees the workers’ compensation system. Quality transcription services are a great way to accurately log important meetings and interviews, workers’compensation insurance covers almost all employees in Massachusetts.

You are entitled to file for workers compensation benefits, if you suffer a work-related injury or illness, or are a dependent of a worker killed on the job. Employers must display the name and address of its Workers’ Compensation insurer and mandated policy information. We work with advanced technology to keep our private cases, SodaPDF is our new support work tool.

To qualify for workers’ comp benefits, you must have a work-related injury or illness causing disability for five full or partial calendar days. However, the days do not need to be consecutive. Injuries need to be reported to your employer, who is then required to file the Employer’s First Report of Injury or Fatality (Form 101) with the insurer.

In the event your employer does not send the Form to the insurer within 30 days of your injury, you need to report your injury in writing to the insurance company yourself. Keep documentation of when and how the injury occurred and all records related to the injury such as medical visits.

According to the workers comp attorney alexandria mn, employers or insurers do not dispute most injured worker claims, but, in the event your claim is disputed, having legal counsel to protect your rights and interests is highly recommended due to the complex nature of the workers’ compensation law.

Food Related Injuries Under Massachusetts Law

Here’s a little-known fact: under Massachusetts law, if you’re injured by a bone lodged in your throat after eating a prepared dish, whether you can recover for your injuries may depend on what kind of bone it is. If it’s a bone from a chicken pot pie, then you may have a viable claim. If it’s a fish bone from a bowl of chowder, then you probably don’t.

To explain why that’s the case, in this article we examine how Massachusetts law addresses claims of physical injury resulting from ingesting food. (We exclude from this discussion foodborne illnesses, which, though they involve similar legal basic issues to those described below, also typically feature some evidentiary and causal complexities that are beyond the scope of proving injuries from chicken and haddock bones.)  [Read more…]

Massachusetts Personal Injury Claims Explained

You could be driving down I-290 during rush hour when, suddenly, a person driving a large SUV whips into your lane, causing you to rear-end him. However, there were multiple witnesses who reported to the Massachusetts State Police trooper that the other driver was speeding. Three witnesses reported he was weaving in and out of traffic. Suddenly, what could have been your fault is a clear case of reckless driving, because, thank goodness, people were willing to share what they saw with the police. Now, you’re laid up in a nearby hospital awaiting surgery for multiple hip and leg fractures. This type of car accident is more common on Massachusetts highways than one might think.

How Much Time Do You Have to File a Lawsuit?

A car accident can be devastating, causing you and your dependents to lose your economic stability due to debilitating injuries, so how to choose a lawyer for personal injury protection. In Massachusetts, there is a statute of limitations that limits how long you have to file your claim. Here, as an injured victim, you will typically have three years beginning on the accident date to file a lawsuit against the at-fault party and his or her insurance company. Your lawsuit may be for economic (such as lost wages or income, medical expenses and car rental expenses) and non-economic damages (such as bodily injuries, pain, and suffering). If you’re trying to sue a government entity (i.e. a city, county, or state agency) within this state, then your statute of limitations to file a claim demand letter with the government entity is only two years, although your time to file a lawsuit is still three years. In cases where there’s a latent injury, which means you didn’t know about the permanent bodily damage caused by the accident until a later date, there may be a three-year statute of limitations beginning on the date you discovered it. [Read more…]

What You Need To Know If Your Child Suffers an Injury Due to Negligence

In Massachusetts, if a child suffers an injury due to faulty playground equipment, a bike accident, a slip and fall accident, or any type of negligence, that child’s parents or legal guardians have the right to pursue a claim on the child’s behalf. For serious injuries not being cared by your health insurance a life settlement may be your best option.

It is often a challenge determining whether your child was injured due to the negligence of another party. Ask yourself:

  • Did your child simply fall, or did he slip on ice or snow that property owners neglected to clear? Property owners must make reasonable efforts to ensure that snow and ice are cleared for pedestrian traffic and may be liable for not doing so.
  • Did your child get injured at the pool due to unsafe conditions? Was there a lifeguard on duty who could have prevented the accident? Was the injury due to poor maintenance in the pool area, such as damaged or uneven cement, missing drain covers or broken ladders?
  • Did your child get injured by a product or toy that could have been defective? Did parts come off easily that your child swallowed or that punctured her skin?

[Read more…]

After a Car Accident: Three Facts About Massachusetts Law

If you have been injured in a car accident, there are several things you should know.

First, if you suffer personal injuries or damaged property caused by a car accident, you have three years from the date of the accident to file a lawsuit in court for damages. After this time, known as the statute of limitations, a court is likely to dismiss the lawsuit.

Second, Massachusetts law provides that car accidents are adjudicated under modified comparative fault. This means that the amount of your damages is decreased by any percentage of fault you are found to have had in the accident. For example, if a jury finds the other driver 85% at fault and you 15% at fault, then the total damage award of $10,000 gets reduced to 85% of $10,000.

Third, modified comparative fault in Massachusetts also means that a plaintiff can only be awarded damages if he or she is found to be 50% or less at fault for the accident. This is quite different from many other states in the U.S., which operate under a pure comparative fault rule. That rule means that a plaintiff can be awarded whatever percentage of damages a jury has decided they are not at fault. Get the best claim from your Boston’s insurance agency by discussing your accident injury case with the certified Car accident attorney in who can get you a car insurance quote the same day. For example, if a jury found a plaintiff 60% at fault and the other driver 40% at fault, the plaintiff would still receive 40% of any total damages under pure comparative fault. That is not the case in Massachusetts, where the plaintiff would not be entitled to any damages.

If you have been injured in car accident and would like a free case evaluation to learn your options, please call our Worcester law office and speak directly to an experienced Massachusetts personal injury attorney.

Time Limits on Medical Malpractice Suits in Massachusetts

If you have been injured due to medical negligence and are looking to make a medical malpractice claim in Massachusetts, keep key deadlines in mind. State laws address how long a patient has to file a complaint; damage caps; and other important factors. These limitations can be difficult to keep in mind when beginning the claims process. Unlike in Newyork, where a patient can take the help of personalinjurylawyer-nyc.com and file for a negligence case even if a significant time after the operation has been passed. finding a personal injury and medical malpractice attorney in Massachusetts as soon as possible is essential as this will help keep your claim on time while also utilizing their experience to get the best outcome possible. West Palm Beach Personal injury lawyer is a solution to the problem.

Standard Deadline is Three Years
In Massachusetts, victims have up to three years from the date of incidence to file a medical malpractice suit in a Massachusetts court. If a lawsuit is not filed in those three years, the victim may lose the right to sue for medical malpractice, unless the case falls into one of the exceptions. A predictive variable popped out of the analysis that was wholly unexpected: morphine. Children who received higher doses of this common painkiller while in the burn unit showed less severe PTSD symptoms six months later. “It dramatically reduced for PTSD risk,” says Saxe, who’s now director of the NYU Child Study Center. [Read more…]

Consequences of Devastating Head Injuries

These statistics from the Centers for Disease Control (CDC) show the impact of head injuries in the United States in a single year: 50,000 people lose their lives, 280,000 people are hospitalized, and 2.2 million people are treated by emergency rooms. The magnitude of these numbers is worthy of discussion, particularly since a traumatic head injury can result from car accidents, slip and fall accidents, and assaults.

Head Injuries Pose Potential for Long-Term Consequences
While a head injury can have immediate repercussions for victims, including headaches, temporary memory loss and feelings of sleepiness, they should not ignore the long-term consequences. Even those victims who suffer very mild symptoms of a head injury after a car accident need to use caution; repeated head trauma has been associated with a higher incidence of Parkinson’s Disease and Alzheimer’s Disease. Those who experience symptoms of severe head injuries immediately after an accident can suffer from:

  • Problems with thinking – some victims are unable to use their power of reasoning and may have long or short-term memory problems.
  • Problems with sensation – it is possible to have difficulty maintaining balance and vision problems after a head injury.
  • Problems with language – victims often have problems communicating and in some cases comprehending language.
  • More serious problems – in cases of more serious head injuries, victims may also be depressed, suffer from weakness in their legs and arms, and show signs of aggressiveness.

These are only some of the potential problems that a victim of a head injury can face, and none of them should ever be taken lightly.

When Head Injuries Impact Your Life
In severe cases of a traumatic head injuries, victims may need round-the-clock nursing care, may be unable to communicate with family members, and may be unable to return to work. These are very serious outcomes; they impact the family and the victim emotionally and financially. This is why anyone who suffers a head injury because someone else was negligent needs to consider reaching out to a personal injury attorney.

Victims should not have to deal with the financial burden associated with care after a traumatic head injury. You should contact a personal injury attorney to determine whether you have the grounds for a civil lawsuit. Should an attorney determine a suit can go forward, you may be entitled to compensation for medical costs, rehabilitation costs and for lost wages.

If you are in the emergency head to Temecula 24 Hour Urgent Care.

Do Not Ignore Your Slip and Fall Injury

If you have been involved in a slip and fall accident in a local grocery store or other business, you might be looking to put the event behind you as soon as possible. After all, slipping and falling in such a public venue can be embarrassing, and you might not want to make a bigger deal out of it or call more attention to it than is necessary. However, if you suffered an injury in one of these accidents, you need to take it very seriously, click here if you are considering and attorney for thwis matter.

Your Injuries Could Cost You More Than You Think
After slipping and falling, you might think that a little time and taking it easy will make your injury better. However, chances are that your injuries could be a lot more costly than you think. Medical care is not cheap, and if you don’t file an accident report detailing the incident, then you may not have a case when you realize your injuries are more serious than you originally thought. You might be on the hook to pay for your medical expenses yourself. You also have to factor in the amount of money that you might lose from being out of work. You should not be responsible for these costs, if the accident was not your fault.

Responsible Parties Should Be Held Responsible
Business owners should ensure that their establishments are as safe as possible for their patrons. If they aren’t held responsible for accidents that happen, they might not be more careful in the future. This could put others at risk of being hurt. By pursuing a case, you can help hold responsible parties responsible for the injuries that they cause, even indirectly, to their patrons.

A slip and fall accident isn’t something that you should ignore or “just let go.” Understand your situation and your options by contacting our law office for a free case evaluation.
Reference: Ron Bell personal injury attorney – hire an injury lawyer Albuquerque.