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Statute of Limitations for Wrongful D...

by lawfirmdirectory.org on 01/31/2012 - 06:04 am
Category: Personal Injury Lawyer

Death is an inevitable part of human existence. It is a painful ordeal that every human is destined to experience. However, if death was brought upon your loved one other than the natural cause, then the pain is even more excruciating that it affects the lives of the family. In such cases the perpetrator of death must be held liable for the pain and suffering of the family is going through. Wrongful death claims must be taken to ensure that the perpetrator pays for the consequences of his or her action.

 What is a Wrongful Death Claim?

 Wrongful death claims are given to the family of the deceased to compensate for the pain and suffering that they are going through. Wrongful death claim can be filed by the immediate family members – children, life partner and parents – in some cases, if the immediate family members are not available, grandparents and siblings can also file for the case and receive the compensation. If the children are still minors and the other parent is not present, the jury usually grants the compensation to the nearest relative as their legal guardian until the children reach the legal age.

 Wrongful death claims may be filed by the family of the victim if someone acted negligently and as a result, caused your loved one to die.  Car accidents and medical malpractice are some of the most common cases of wrongful death claims but there are other circumstance, as well. Now, the family member has to be aware that there is an existing statute of limitations for wrongful death claims. With that said, it is helpful to seek for a legal assistance to help you file for a claim.

 Statute of Limitations for Wrongful Death Claims

 The statute of limitation varies from state to state. It could last from one year to up to three years, after which time you wouldn’t be able to file for any claim. This is the reason why people are encouraged to immediately look for a qualified attorney who specializes in wrongful death cases, in order to get compensated.

 In Louisiana the statute of wrongful death is one year while in the state of California, the statute limitation is two years. However, there are some states like Florida, that allow you to file for wrongful death claims even after the statute of limitations, in cases in which the cause of death is a result of a defective product. For a person with no extensive knowledge about the law, this is complex task and should only be handled by someone with a professional degree and experience dealing with such cases.

 When the Statute of Limitation Do Begins?

Currently there is no Federal statute so this still depends on the state where the case is being filed. In some states the statute of limitations begins at the time the body was recovered, while in some states the statute of limitations begins at the time of death or when it became clear that the death is a wrongful death case.

 The Duration of the Statute of Limitations

As mentioned above, the statute of limitations vary because there are states wherein the statute of limitations can last to up to two years, such as in Rhode Island and Wisconsin. In New Jersey and Nevada, the statute can last up to two years.

  In some states, unless the wrongful death lawsuits involve occupational hazards or defective products, the statute of limitations is not applied. In Florida, there is also an exception applied that lifts the statute of limitations, like if the wrongful death claim is caused by manslaughter or murder. In California, the statute of limitation is extended for cases of medical malpractice and exposure to asbestos. In Colorado, it is extended for a year if the cause of the accident involves car accidents.

 In conclusion, there is an applicable statute of limitations for wrongful death cases, but it varies from state to state. The best way to act upon it is to hire an attorney who specializes in wrongful death cases.

 He or she can help give you the guidance needed to properly file the claim and hopefully get you the financial compensation you are looking for.

Insurance lapse and car accidents

by lawfirmdirectory.org on 01/18/2012 - 09:36 pm
Category: Personal Injury Lawyer

 Having valid automobile insurance is a neccessity by law. Even when your car remains in the garage for long periods of time, the insurance should remain valid.  The insurer may provide a discount on the premium when you confirm that the car would never be used for a specific period of time like a foreign trip or a temporary relocation to another city. However, it is important that you keep your insurance up to date, especially because you can never predict when accidents will occur.

 Inspite of the legal provision, if you are involved in an accident and your insurance has lapsed, you could potentially be in deep trouble with the law enforcement agencies and in discharging the financial liabilities consequent to the accident. Understand that a lapsed policy offers you no protection whatsoever. You may invent a series of reasons for not renewing your policy but that seldom helps. Most insurers will remind you in good time to renew the policy and trouble comes only when you ignore those reminders.  In some instances, insurance companies allow a grace period and if the accident occurs during the grace period, you stand a good chance of remaining protected.  But, insurers are not obliged to grant this grace period and you cannot demand it as a matter of right.

 The financial implications

 In a car accident where you are at fault,  failing to renew your insurance might result in hefty payments from your own pocket.  At times, this could be far worse than you could imagine.  An exception to this situation is when you are injured and the other driver is at fault.  In this instance, you are not at fault and the liability is not on you.  Therefore, even if your own insurance has lapsed, you would still be in a position to claim relief and receive an appropriate award.

 Serious consequences even without an accident

 You should also be aware of the other dimensions of driving with a lapsed insurance. Even without an accident, a routine check by the law enforcers can land you into deep trouble. Many states have stringent laws on this and your car can be impounded. Additionally, you could even be jailed for the offence.

 Better option

 The better option before you is to renew your car insurance in time and avoid all the possible embarrassment.  In modern times, it is never difficult to remind yourself of upcoming due dates and send off a check well in time.  You can use the grace period when available or simply send in a renewal request. 

 There are a number of  consequences of driving with a lapsed insurance. In the first place you run the risk of paying a much higher premium when you seek a renewal or a new insurance subsequent to an accident in which you are cited for lapsed insurance.  Depending on the extent of damages and/or injuries caused and the liability to you, the financial consequences can be overwhelming. Apart from these, your driving record will also carry a citation for driving with a lapsed insurance making it difficult for you to obtain a competitive quote for future car insurance.

 Look at it from any angle; the disadvantages of driving with a lapsed insurance far outweigh the small savings you obtain from delaying the renewal. As a matter of fact, you would even end up paying more money while renewing a lapsed insurance because you will lose most of the loyalty bonuses and attract a penalty for belated renewal.

Motorcycle accidents without helmets

by lawfirmdirectory.org on 01/17/2012 - 07:30 pm
Category: Personal Injury Lawyer

Motorcycle accidents without helmets

There can be no denying the fact that helmets contribute in a large measure in preventing injuries during motorcycle accidents. In a vast majority of motorcycle accidents motorcycle riders who were not wearing a helmet at the time of accident tend to end up with serious head injuries.

Helmets can not only save your head, more importantly they can save your life and the lives of others.

 A recent study by the USC (University of Southern California) with funds from the NHTSA (National Highway Traffic safety administration) has focused on the effectiveness of helmets in preventing injuries consequent to motorcycle accidents. It is important however that a helmet that conforms to DOT standards is used. There are many helmets available at cheaper prices that claim to conform to the prescribed standards but often times do not. Considering the grave risk to which the motorcycle riders are exposed to, it is worthwhile investing that extra bit of money into a gear that will indeed keep you protected when you need it most.

 Choosing the right helmet

 The best protection is provided by a full face helmet since it fully covers your face and comes with a face shield that protects your eyes. Moving the shield when you need to, is not difficult because it can be achieved with a one hand operation. Open-face helmets on the other hand do not afford complete protection as compared to the full face helmet. However, you can choose a face shield that snaps on and buy a pair of goggles capable of withstanding the impact from a stone. Do understand that sunglasses or other ordinary glasses cannot perform the desired function since they tend to fly off or move from a fixed position. Half shell helmets which are generally used at civil construction sites or other shop floors do not afford any protection to motorcycle riders and can potentially fly off while cruising at higher speeds.

 Higher price does not mean more protection

 Irrespective of the price you pay for the helmet, it is important that the gear conforms to certain minimum standards of safety. A SNELL or DOT sticker is often the easiest means of reassuring yourself that you are investing into a dependable gear for your motorcycle cruises.

Apart from the use of appropriate helmets, the following tips will help you prevent motorcycle accidents and consequential injuries.

• Lack of experience and appropriate training have been among the major causes for motorcycle accidents. Get appropriate training to protect yourself.
• Drunken driving increases the chances of an accident when you are riding a motorcycle.
• Conspicuity or visibility of the motorcycle for other road users is important in avoiding accidents. Wearing bright colored jackets such as red, green, blue and yellow increases the visibility of your motor cycle for other road users.
• Blind spots of other vehicles obstruct visibility..Always try to stick to a visible line
•  Wear appropriate protective gears for your eyes and face
• Be a responsible motorcycle rider and follow the rules of the road
• Nearly 50% of motorcycle accidents have been caused by over speeding.
• Beware of road conditions particularly when you are going on long rides. Unexpected potholes and heavy objects can pose grave danger.
• Switch on your headlights even during the day. This increases the visibility of your motorcycle for other road users.
• Additional passengers invariably sit behind the rider on a motorcycle
• Unless you are a skilled rider yourself, never allow another person to ride with you.
• Passengers riding with you shall invariably keep their feet on the footrest and nowhere else. This will help in preventing burns from the exhaust and/or getting caught in the wheels.

Motorcycle accident cause factors and...

by lawfirmdirectory.org on 01/15/2012 - 03:55 pm
Category: Personal Injury Lawyer

The University of Southern California conducted a detailed study on motorcycle accident cause factors and identified some countermeasures.  The study funded by the NHTSA covered some 900 motorcycle accidents in the Los Angeles area in its minutest detail and purveyed another 3,600 reports relating to motor cycle accidents in the Los Angeles area. While the report itself is voluminous, we discuss below some of the salient features of the report.

Major causes of motorcycle accident

While the report lists some 55 causes of motorcycle accidents, we have identified  some of the more common and frequent causes to bring them into focus for the use of motor cycle riders and other road users.

Slide out at curves

Excess speed and over braking while negotiating curves/corners contributed to some 2/3^rd s of the accidents studied. Notice that drizzles, oil spills, sand particles and water spills can further accentuate the risk while negotiating curves/corners.

Intersections

Intersections pose the biggest danger to motor cyclists with other vehicles often violating traffic signals and right of way to motorcycles.

Fuel spills/leaks

In 62% accidents, fuel spills or leaks were present in post-crash situations presenting a higher degree of fire hazard.

Visibility/conspicuity

The motor cycle not being spotted by the other vehicle has been cited among the most frequent causes for motor cycle accidents. Wearing red/orange/yellow jackets and keeping the headlamps on even during day light have been recommended to overcome this problem.

Drunken driving

Nearly 50% of motor cycle accidents resulting in loss of life involved motor cycle riders driving under the influence of alcohol.

Lack of formal training

92% of motor cycle riders involved in accidents never received formal training. They either learned themselves or were taught by others. Formal training can therefore substantially bring down the accident rate.

Casual or careless driving

Lack of attention to the task of driving has been cited as a major cause of motorcycle accidents

Precious little time to avoid a collision

Motorcycle riders often got under 2 seconds to complete every action in avoiding a collision.

Size, speed and alcohol

The size of the motorcycle, the speed and higher levels of alcohol in the blood stream of the driver are among major contributing factors in motor cycle accidents.

Helmets

Only 40% of the motorcycle riders involved in accidents wore helmets when the accident occurred.  Helmeted riders as well as passengers on the other hand suffered less severe head/neck injuries.  The study further adds that use of helmets did not contribute to any form of discomfort while driving or other issues that could potentially enhance the chances of an accident. 

Eye protection

73% of the motorcycle riders involved in the accidents subjected to the study did not have any eye protection.

Insurance

Insurance of any description to provide medical care and/or replacement of damaged property was available with less than 10% of motor cycle riders involved in the accidents studied.

Design modifications to helmets

The study group also suggested design modification to helmets to afford better protection to neck region at the back and more impact protection for helmets that cover the whole face.

The following are among the major counter measures identified by the study group

For drivers of other vehicles, particularly the larger vehicles like cars and trucks, motorcycles are not conspicuous enough to avoid collisions.  Other objects and vehicles also tend to fully or partially block the view of motor cycles. Choosing the right colors (whites in particular during night) and making the bike itself as conspicuous as possible can reduce the risk of accidents.

Experience, a sober mind, conspicuity, and mature attitude have been identified as the most effective accident prevention measures.

Truck accident prevention

by lawfirmdirectory.org on 01/15/2012 - 03:45 pm
Category: Personal Injury Lawyer

 Negligence and lack of concern for personal safety and safety of others on the road,  is among the major causes for truck accidents. Therefore, any effort directed towards truck accident prevention should primarily address this issue. In the context of truck accidents, negligence manifests in different forms. Though there has been a marginal reduction in the number of deaths due to road accidents across the nation in recent years, deaths associated to truck accidents are still on the rise.  Mobile phones, tiredness, and backing up without adequate care are among the major causes for truck accidents.

Mobile phones in truck accident prevention

Mobile technology has created a communication revolution across the globe. Today, many people have the ability to speak to their loved ones or a business associate while cruising the road. The law does prohibit the use of mobile phones when you are behind the wheels. But, with the introduction of hands free devices attached to mobile phones, the law has lost much of its effectiveness. Use of mobile phones while driving has been among the biggest factors contributing to road accidents in recent times. And, this is a growing menace not just in America, but across the globe wherever mobile phone density is growing.

 For once, let us not take away all the positive values of mobile phones. Instead, each one of us can educate ourselves and others on safer ways of using our mobile phones, particularly when we are behind the wheels. Use of hands free devices do not take away or reduce the risk of accidents associated with the mobile phones while driving. An alcoholic or a drugged driver will have at least a part of his focus on the road to prevent an accident. But, when you are speaking on a mobile phone, your focus involuntarily shifts to the conversation itself and the driving becomes uninvolved. This practice must stop for the common good of those who get behind the wheels and those who do not. More stringent laws and enforcement alone cannot bring about a significant improvement in truck accident prevention. An increased level of social awareness and social responsibility on the other hand can produce a paradigm shift and save precious lives. In modern times, the social media can be effectively exploited to achieve this objective.

Backing up

Other severe truck accidents take place when a driver improperly reverses. In the ordinary course the backing up process is expected to be much slower and more careful than a truck cruising forward at great speed. The chances of an accident therefore ought to be a lot lesser. Spotters and devices with audible warnings are major achievements in truck accident prevention, particularly during the backing up process. However, these gadgets must be in working order when the truck takes to the road. If they are not working, the truck should not be on the road at all – as simple as that. Driver fatigue

Driver fatigue is another major cause of many truck accidents. Most truck drivers work under intense pressure and are often required to catch up with lost time due to traffic snarls. Add to this, the menace of drugged driving and driving the influence of alcohol, they pose grave danger to other road users and to themselves. More stringent law enforcement can be a half way towards curbing this menace further and contributing further towards truck accident prevention.

It is not just the bigger trucks that are involved in accidents. Even the smaller automobiles like a pick up truck figures in fatal accidents. Imagine a child being crushed under the wheels when a pick up truck was backing out – not on the express way – but from the driveway. Sheer callousness – not even negligence and look at the price the driver paid. Motor vehicles are beasts that can kill – but humans have the ability to tame them – if only they care.

Different Types of Disability Insuran...

by lawfirmdirectory.org on 01/13/2012 - 11:31 pm
Category: Personal Injury Lawyer

Different Types of Disability Insurance Plans

 Disability insurance or DI acts as a cushion during situations that trigger financial problems. This is known as financial cover, for durations a person becomes ill and is disabled to work or get paid, affecting usual basic expenses each month. There are varieties of disability insurance plans available for individuals employed by employers, or self employed, as well as business owners, in case they fall sick or are temporarily disabled to work and earn.

 Types according to duration of Disability

 When duration of the cover is considered, these plans may be categorized widely into two types namely, Short term disability insurance and Long term disability insurance. Returns on both the type of insurance plans vary. Short term plan may reimburse their wages during loss of work due to disability that lasted for short durations, while long term cover provides income for longer durations and is a more permanent source of income, when compared to short term plans.

 Short term DI: Waiting period for getting reimbursement or payment is usually 2 to 3 weeks. One is provided with benefits for duration of 13 to 26 weeks. Complete or partial salary replacement is provided, depending on the plan chosen or plans offered by company for short term DI. Most of the short term disability premiums are provided by employer and paid by him, but are taxable once they reach employee as benefits.

 Long Term DI: Duration for usual long term plans for DI cover up to 5 years. Few plans that cover until one turns 65 years are also available. Waiting period for this sort of DI may be around one month, to 6 months. When premiums are paid by an employee, they may enjoy benefits tax free. One may get 70% of their payment, from which they may have to pay their premiums. If premiums are paid by employer, the amount is taxable, as soon as it reaches the employee.

 Depending on circumstances and lifestyle of a person, they may have to opt either of the insurance plans or both. Basic long term disability cover is provided by Social Security Administration, while short term disability covers may have to be purchased separately.

 Types of disability Insurance for Business Companies

A business owner may cover his or her business for disability, or illness that affects himself or key player in business. This disability is usually limited to short periods. Different types are mentioned below.

Business Overhead Expense DI: If a business owner suffers illness, he or she is entitled to reimbursement for overhead expenses like rents, employee salaries, mortgage payments, monthly taxes, billing, service fee, maintenance, laundry and other such compulsory expenses that are incurred during normal course of running a business.

Key Person DI: A business may be secured to cover for illness of key player for short durations. This cover gives necessary cash flow, in the event of key player becoming disabled or falling sick. If the employee or key player is disabled permanently, this temporary benefit provided can be used for hiring a new key player.

Individual DI: A person may secure their business for short term disabilities, by purchasing a plan from open market. There are numerous companies offering different covers, according to premiums one accepts to pay. Higher premiums offer more benefits while lower premiums offer fewer benefits. Depending on the size of business and its profit margin, one should choose the right DI cover plan to secure their business.

Type of DI for Employees or Workers

Employer provided DI: A company employee may also get covered by the employing company. Company policies mention this type of cover for their employees along with details of benefit package provided. A company employee should not rely completely on this sort of disability insurance, but take care to purchase other cover policies to secure his or her future.

Workers compensation: This is typical cover that is provided for workers who are temporarily disabled due to injury sustained at work. Medical benefits, reimbursement of pay and compensation are covered under this form of DI plan.

National Social DI: National government provides a very basic cover for disability in a person that interferes with their work and pay. It is known as Social Security Disability Insurance or Supplemental Security Income. Every person who is uninsured with any other policies or covers is covered using this National plan. Benefits from these plans are not very high paying but are enough to cover basic necessities and avoid severe poverty.

DI for the High Income Group: Usual conventional DI plans may offer maximum benefits of about $25,000 per month, if one wants to get higher benefits; they may have to opt for a High limit DI plan that needs one to pay higher premiums. The minimum benefit for such plans may be around $2000 and maximum may go up to $100,000 a month, depending on the plan chosen.

Car accident deaths per year

by lawfirmdirectory.org on 01/12/2012 - 09:52 pm
Category: Personal Injury Lawyer

 Car accident deaths continue to rise every year. Automobile manufacturers across the globe need to sell their inventory on every single day of the year. The roads in most cities are not designed to take on a perpetually increasing level of traffic. Fewer cities across the globe can claim of days with zero traffic snarls. In some instances, traffic jams have extended to several miles and lasted several days to clear. 87.2 billion dollars in fuel costs and 4.2 billion man hours are reported to have been lost by American citizens alone in just one year – 2009 – thanks to traffic jams. By far Beijing, China heads the list of worst traffic jams in the world.

The above prologue on car accident deaths per year is intended to give you an overview of the multiple reasons for the increasing number of car accident deaths per year in America and other parts of the world.

 Car accident deaths per year in America

 In America close to 36,000 people die every year due to road accidents. Thankfully, this number has been declining steadily from 2009 reflecting a greater level of concern from the federal government and a higher degree of responsibility on the part of Americans behind the wheels. So far, so good. 2010 has registered a further drop in the number of fatalities on account of car accidents thanks to innovative enhancements in vehicle safety and increased degree of public awareness on the consequences of distracted and/or drunken driving.  But, the story is far from similar in most other parts of the world. Notice also that the number of car accidents average above 6 million in the U.S.A. and the financial costs on that account rise closer to 250 billion.

Car accident deaths per year can taper only when the vehicle population is kept under check and the civic administration is continuously engaged in the up keep and expansion of roads. Without such an intense and active measure, even the best drivers would find it difficult to drive safely to their destinations every time.

Most Accident prone cities in America

Alexandria, San Francisco, Jersey City, NJ, Hartford, Philadelphia, Providence, Newark, Glendale and Baltimore and Washington DC are among the most accident prone cities across the United States of America.

Across the globe

The highest rate of car accident deaths per year have been recorded in some of the following cities across the globe.

• ·United States of America
• ·Afghanistan
• ·Brazil
• ·Russia

An exhaustive table of nations and statistics on road accidents across the globe is available here for you to appreciate the enormity of the problem.

Top causes for car accidents

Top causes that contribute to the large number of car accident deaths per year include:-

• ·Speeding
• ·Distracted driving
• ·Drunken driving
• ·Reckless driving
• ·Ignoring traffic signals
• ·Night driving
• ·Defects in car design
• ·Teenage drivers
• ·Drugged driving
• ·Ice
• ·Rain
• ·Fog
• ·Tire blowouts
• ·Obstruction by animals
• ·Road rage
• ·Street racing

When you examine these causes closely enough, you will notice that many of the causes can be easily controlled by the humans who drive the cars.

Extended pain

 The statistics on car accident deaths per year brings into focus an added dimension in the form of extended pain that family and friend of the victims suffer for several years after their dear ones have lost their lives in a car accident. In some homes the loss can shatter an entire family depriving young children the love and care they deserve, spouses rendered helpless in the absence of their bread winning partner and related traumas.

Back pain after accident -- What to do

by lawfirmdirectory.org on 01/12/2012 - 12:48 am
Category: Attorney

The initial moments after an accident can often be one of shock and you may not be able to hold your nerves and take stock of the total situation.  Back pain after accident may not visit you instantly and it could take weeks or even months before the impact of the accident starts hurting your back. The extent of treatment and therefore the costs involved for obtaining sustainable relief from back pain after accident can vary significantly depending on individual circumstances. It is important however that adequate evidence is available to establish liability to obtain financial compensation for your suffering.

Types of back pain after accident

 Sudden jolts as a consequence of the accident are often the cause of back injuries for the occupants of the vehicles involved in the accident. The injury caused may not be visible immediately because there is no bleeding or swelling over the affected part of the body. Internal injuries often tend to aggravate over a period of time and can potentially lead to serious complications. A type of back injury known as whiplash is among the more common forms of injuries leading to back pain. Persons suffering from this injury will experience violent hurling of the head forth and back resulting in injury and pain on the neck. Progressively, the neck pain then spreads to the back bone leading to back pain. Torn muscles, misalignment of the spinal cord, torn ligaments at the back are the forms of back pain after accident.

Apart from road accidents, back pain can also result from the following circumstances:-

Carrying or lifting of heavy objects

Fall from high altitudes

Tripping/slipping

Usage of faulty products

However, for the purpose of claiming compensation, it is often difficult to fix the liability for back pain after accident due to tripping/slipping, usage of faulty products, fall from high altitudes and even the carrying of heavy of objects or lifting them.  On the other hand, in road accidents it is a lot easier to fix the liability on the faulty driver/automobile.

 The following are among the major steps to follow when you are faced with back pain after accident.

1. Get appropriate medical attention

You are in pain and getting sustainable relief is your first priority. It is important however that you explain to your physician the circumstances leading up to the back pain after accident and provide him a detailed account of the accident itself.  Reference the police records related to the accident and ensure that he makes a mention of these discussions in your medical record.  This way you would have established that the back pain after accident is indeed as a consequence of the accident.  Even as the treatment progresses, you can move into the next few steps to ensure that you get adequate financial compensation for the injury suffered.

2. Find a competent attorney to prosecute personal injury claim

Effectively prosecuting personal injury claims resulting from accidents call for some degree of legal expertise.  Therefore, you would be better off finding a reputed attorney who has a history of successfully prosecuting such claims and getting appropriate awards.   The earlier you find the right attorney and start the proceedings, the better it would be for you.  Remember that the back pain after accident may start several weeks or months after the accident.   Therefore, there is an in-built need to hurry filing your claim.  It is important to check with your attorney on how the law of limitation applies in the state where you are planning to prosecute your claim.

3.  As part of prosecuting your claim, you should also piece together all the related evidences accessible to you, get information on insurance particulars of all the parties involved in the accident, seek copies of police reports after the accident and gather any other evidences that are mentioned in the connected police report to strengthen your claim for compensation on account of back pain after accident.