Mark Reed and Associate

Death of someone close to you is a traumatic experience especially when it occurs unexpectedly and unnaturally.  A wrongful death
normally, is the death of a person where another person is either directly or indirectly responsible in some way. The action causing the death may not be intentional on the part of the responsible party.

A death can be termed as wrongful if it occurs as a result of incidents like an accident on the streets or at the place of work, administration of improperly tested drugs, wrong diagnoses and treatment by a doctor, faulty constructions, goods that do not conform to manufacturing standards and other reasons for which a person or an organization could be held responsible.

In the event of a the death of a person where a third party is somehow responsible, the family or relatives of that person can, under the provisions of law, file a wrongful death suit. This can be done by following certain simple procedures.

First of all one has to ascertain that the death occurred due to negligence on the part of someone other than the victim. Next the responsible person has to be identified. This could be difficult in some cases like the faulty construction of a building where anybody from the promoter to the mason could be responsible. But in any case the actual perpetrator has to be identified. Then there should be adequate proof to justify the initiation of legal action.

The rules regarding the time within which the suit has to be filed and who can initiate it could vary from state to state. There might be different interpretations of certain laws in different states. Hence, your next step would be to find out about the exact legal statutes governing such cases in your state.

The final step would be to look for an attorney to represent your case. You have to search for and identify one who specializes in wrongful death cases. Look for an experienced lawyer with a good track record of winning such cases.

To win compensation in such cases the lawyer has to prove that the victim has actually died; that the death occurred due to the involvement, willful or otherwise of the accused party and that the bereaved family is facing acute financial problems due to he death.

Once the premise of death has been established the law provides for compensation to be awarded to the immediate family of the victim. The spouse or children usually are the beneficiaries, but parents or close relatives also receive the awards. This is determined by the court.

The nature and amount of compensation awarded in a wrongful death case varies according to the circumstances and nature of the death and also the extent of involvement of the accused. The losses for which such compensations are awarded could be the medical and funeral costs, wages and other perks including future earnings, physical and emotional damages caused to the family, etc.

Sometimes some people themselves file the petition in the court, but this is wrong. A lawsuit involving a wrongful death should always be filed through a seasoned lawyer who knows the intricacies of the laws governing such cases and who can extract the maximum benefits for the dependents of the victim.

Imagine the situation; you’re out shopping, perhaps with friends or family members when all of a sudden you slip on something and lose your balance.  At some time or other, nearly all of us will have slipped or tripped whilst out in public.  But just because these accidents are quite common, it doesn’t mean that they are not preventable.  In a lot of cases, a slip or trip can be caused by something that has been split or dropped on the floor and hasn’t been mopped up or cleared away by the person responsible.  If your accident happened in a shop, supermarket or on any business premises then it may well be possible to make an accident claim against the owner or occupier for personal injury compensation.

For some people, a trip or a slip can be a very serious accident indeed. An awkward fall can lead to broken bones, bruising or soft tissue damage that could take weeks or even months to heal.  During this time, the injured person might have to rely on friends and relatives to help them out with everyday tasks.  If this sounds like a situation you have been in, then making a personal injury claim with an independent solicitor could help you to secure compensation for the pain and discomfort you have suffered.

Responsibility of businesses to ensure minimum risk of injury

Generally speaking, businesses have a responsibility to members of the public to make sure that they use their premises without risking injury.  This includes making sure that there are no tripping hazards such as loose materials and trailing wires left on the floor and no slipping hazards, for example spilt liquids or vegetable matter.  If a slipping or tripping hazard has been left on the floor in an area of the business open to the public for any length of time, then that business would be likely to be liable for any injuries suffered by people slipping or tripping over those hazards.

In the year 2005 alone, a whopping two hundred billion dollars were lost to automobile accidents in the United States, and the figure has only increased ever since. The cost of human lives lost, families devastated and healthcare burden is beyond measure. What’s more, from tiny tots to people in their mid thirties are the ones most involved in auto accidents. That basically means that people who have just started out in their lives or are in the prime of their youth and productivity are made defunct or lose lives.

Precious human lives lost to automobile accidents are the leading cause for young deaths in almost all the fifty states of the nation. Productivity lost translated into economic terms will run into billions of dollars. Over five million people each year are rushed to emergency rooms of hospitals to take care of critically injured accident victims. A fair percentage of the severally injured also permanently lose one or more limbs or are incapacitated by the horrific internal and external wounds, that may take years to heal or may render them handicapped for life. Such cases are not only very tragic for the sufferer, but also put an enormous physical, emotional and financial burden on the family and caretakers.

Driving a vehicle under the influence of alcohol, accounts for more than 32% of automobile accident related deaths in the United States. Alcohol levels of more than 0.8gm/dl found in the bloodstream of any offender is considered to be a crime under the laws of all states. Not surprisingly most alcohol impaired accidents take place during late Friday nights to the early hours of next Monday. This is the most critical and risk prone period of the week, when largely young and some not so young take to the streets for fun and frolics accentuated by heavy alcohol consumption in parties and events.

It is prudent to exercise restraint and drink in moderation before taking to the wheels. This ensures that you are responsible and caring for the safety and wellbeing of self and others who are also on the same street. Alcohol impaired driving puts the driver and other non suspecting vehicle drivers at great mortal risk, causing grievous injuries to all involved in the automobile accident.

A small percentage of automobile accidents also happen due to rash driving and by not adhering to traffic rules like stopping at lights, or jumping lanes. Some collateral damage like pedestrians being either knocked down to their deaths or grave injuries by speeding vehicles is also observed. If the vehicle drivers do not follow all the traffic rules like speed limits, one way traffic system, keeping in their lanes and observing traffic signals and signage, accidents occur.

Accidents also tend to happen if the vehicles are not road worthy or are not maintained properly resulting in brake failures and other such mishaps causing fatal accidents. Not only are the drivers at risk but also the occupants of such vehicles confront huge risks. They may be fatally wounded or die due to no fault of theirs. Responsible drivers are always careful about the safety of all concerned including their own, if they want to avoid getting into an automobile accident.  If you find yourself in an auto accident it is wise to contact the nearest Auto Accident Attorney immediately.  The sooner you contact them the more help they’ll be able to offer.

Personal injury compensation awarded for auto accidents depends on how effectively the claim is presented. An auto insurance claim letter is a legal document and has to be prepared with all relevant details and without error. Here is a list of actions to follow to maximize chances for a good compensation.

• At the accident site, try to gather evidence which will support your claim. Remember the position of the vehicles involved in the accident. Note the condition of the road, and the weather conditions.
• Assess the damage to your vehicle. Take photographs that reveal the damage to and position of the vehicles if you can.
• Get the contact information of the other driver as well as the police or emergency staff who attended to the accident.
• If there are eyewitnesses get their contact details.
• Get the accident report from the officers concerned, follow up if necessary.
• Get a doctor to examine you as soon as possible and to document the extent of injury.
• Report the accident to your insurance provider at the earliest.
• Keep track of all expenses incurred as a result of the accident. This includes cost of vehicle repair, cost of rental car used, medical expenses, lost wages, expenses incurred in getting to and from your medical practitioner and expenses incurred for child care or household help during the recovery period.
• Get bills and documentation supporting all the expenses incurred as a consequence of the accident.
• Try to arrive at a monetary compensation for pain and suffering caused to you by the accident.
• Arrive at a claim amount higher than the actual worth. Leave some margin for negotiation.
• Fill the Auto Insurance Claim Form with the correct details. Attach the following:
  • Complete medical records
  • Police report of the accident
  • Medical bill
  • Bill for other medical treatment like physiotherapy
  • Vehicle repair bill or estimate
  • Bill for car rental incurred as a result of the accident
  • Supporting document from employer for income lost because of lost working days as a result of the accident
  • Supporting document for lost vacations or sick leave as a result of the accident
  • Bills for any other expense incurred because of the accident
  • If available, you can attach statements by eyewitnesses
• Do not delay in making the insurance claim. There is a permissible time limit within which compensation has to be claimed for auto accidents. You may be barred from making a claim if too much time elapses.

The key to get a reasonable insurance payout for auto accidents is to present a clear claim document with all supporting documents as attachments. Do not leave out any expense incurred. All medical expenses have to be included. This will help in claiming a substantial amount for ‘pain and suffering’ caused by the accident. Once the claim is filed it cannot be modified. Remember to pad up your claim amount a little. Most of the time, unless it is a very major accident, insurance companies will prefer negotiating and settling out of court.