What Damages Can I Claim In A Medical Malpractice Case?

Posted by on Jul 9, 2016 in Uncategorized | 0 comments

We all have high regard for doctors or anyone in the medical profession. They are revered in their industry for their professionalism and high ethical standards. But nowadays, there has been an increase in medical malpractice claims which has often led to serious injuries and even death to a patient. According to the website of Bruner Law Firm, medical practitioners and providers have failed to live up to the standards of care for their profession.
When a medical practitioner has caused injury or death to a patient, there is no recourse for the surviving relatives but to recover damages. If the plaintiff is a bread winner in the family, the potential losses to the surviving family members can pile up. In this article, we will tackle the available damages that the family of the plaintiff can recover in a medical malpractice case.

Types of Damages

Damages in a medical malpractice case boils down to those that can be calculated or economic damages and those that cannot be calculated or non-economic damages.

Economic Damages

Economic damages may include lost earnings or capacity, medical bills, and other financial losses that resulted from the injury or harm. Lost earnings could include the amount of money that the plaintiff could possibly earn if not for the injury or harm. Future earnings are calculated based on its present value. The calculation of future earnings is done by an economist that your lawyer will hire as an expert witness.

However, there are three problems that can arise in the computation of lost earnings.

  • You were unemployed when the injury happened
  • If not for the injury, you would have sought another job for higher pay
  • You are self-employed

Future Medical Bills

Injuries due to medical malpractice may entail long term medical care which could reach to hundreds or even millions of dollars. A medical economist shall be the one who will compute this and present it in court.

Non-Economic Damages

Non-economic damages include pain and suffering and mental anguish and loss of consortium. This is the most difficult part in a medical malpractice claim because you cannot put a monetary value on pain and suffering. There is no existing guideline on the determination of pain and suffering. There is no chart that can be presented to the jury to determine the amount that will be awarded to the plaintiff.

Loss of consortium, on the other hand, refers to the intangible benefits that the plaintiff can give to their spouse or children.

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Driver Error: the Major Cause of Truck Accidents according to the FMCSA

Posted by on Mar 16, 2016 in Automobile Acidents | 0 comments

Compared to cars, trailer trucks move and maneuver much slower; these huge vehicles also require more room, especially when making turns or when maneuvering along curves. Operating a trailer truck, also known as big rig, semi-trailer or 18-wheeler, requires special skills; thus, before a person can be issued a commercial driver’s license, his or her authorization to operate a truck (or a bus), he or she will first have to undergo a special training and a series of tests aimed at ensuring the safe operation of commercial vehicles.

According to the National Highway Traffic Safety Administration (NHTSA), more than two million semi-trailers are current under operation in the US. An alarming concern about this, though, is that a fourth of these vehicles (500,000 trucks) are said to get involved in accidents, many of which are fatal, every year.

Besides more maneuvering space, trucks also have blind spots, which are areas where smaller vehicles are not visible to truck drivers. The blind spots, where most accidents occur, include a truck’s front, back area and sides, especially the passenger side.

While there are many varying factors that cause trucks to get involved in accidents, a study conducted by the Federal Motor carrier Safety Administration (FMCSA) says that majority of these accidents are due to truck driver errors.

According to the FMCSA, the top three factors that result to driver error are driver fatigue, intoxication from prescription and/or over-the-counter-drugs which results to impaired driving, and speeding and driving too fast for road conditions. (Other factors resulting to driver error are speeding, driving distractions, lack of focus on the road, failure to check blind spots, improper attachment of trailer, depowering of the front brakes, and failure to make sure that the brakes are in good working condition.

The dangers that trailer trucks pose on the road make it imperative for drivers to observe all proper safety measures – this especially includes double checking their blind spots for possible smaller vehicles and making sure that they start to step on the brakes, when they need to stop, from enough distance.

According to the Karlin, Fleisher & Falkenberg law firm, there are many instances wherein truck drivers fail to take their responsibility seriously, thus, causing catastrophic, yet preventable, accidents as a result. While it is true that many drivers of smaller vehicles have survived truck accidents, these survivors have been left either with a severe injury or a trauma that may haunt them for the rest of their lives; medical treatment to treat injuries can be costly; the same with emotional or psychological therapy. The results of an accident can no longer be undone.

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What is Personal Injury?

Posted by on Oct 25, 2015 in Personal Injury | 0 comments

Often time’s accidents are only that- accidents. Yet occasionally they can be caused supervision or by the carelessness of another party. Some of the very most common types of personal injuries cases include premises liability cases car accidents, and product liability cases.

Cases of individual injury may be in some circumstances, life-threatening as well as extremely dangerous. Regrettably these circumstances frequently could have been avoided. These cases will be the fault of the carelessness or negligence another party included. In such cases, the victim of this kind of disaster or their families might be owed specific problems.

Based on the website of the Hankey Law Office, in the instance of motor vehicle collisions, a personal injury case can be submitted if there is a victim hurt because of some other driver’s fault or another party involved with the accident. The car maker, exhaust makes, or even those in the town of maintaining routes and highways might be at fault for a crash that damages a cautious driver who followed all rules of the street, in charge.

Personal injuries lawyers are generally aware that in cases of premises responsibility a victim is injured in a building belonging to some landowner who neglected to assemble or keep the construction of the building. This carelessness frequently results in the harm of the inhabitants or visitors. Some samples of this involve asbestos exposure, star collapses, mold and shoots.

When it comes to product liability, the victim was injured by a defective product as a result of the oversight or neglect of the products manufacturer. Some common examples of this contain faulty toys for children or hazardous food materials. All these are cases that are especially dangerous because the influence large groups of men and women, a failure the instance of toxic food substances, or they affect a few of the very most vulnerable victims- children.

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Rollover Accidents

Posted by on Jun 19, 2015 in Automobile Acidents, Cars | 0 comments

While insignificant bump and scrape car accidents occur every day without many consequences, many car accidents are very serious. One of the most dangerous types of accidents are rollover accidents. Taller, narrower vehicles are the most likely type of vehicle to experience a rollover accident, although it ca happen to anyone under certain circumstances. According to the website of some Tennessee personal injury lawyers, some of the costs and losses that a victim has to face after a rollover accident can include: vehicle repairs, medical bills, lost wages, rehabilitation costs, and emotional trauma.

There are two common types of rollover accidents that can occur: tripped and un-tripped. The first are tripped rollovers. These are the most common type of single-vehicle rollovers. These accidents occurred when a vehicle slides off the roadway into softer soil, or gets caught on a curb or guardrail. At certain speeds, this impact can cause the vehicle to “trip” spinning it into a rollover. A tripped rollover can also occur on a steep slope. If a drive underestimates the steepness of a slope and attempt to make a sharp turn at a certain speed, this can also cause the vehicle to trip.

The other type of rollover accidents that can occur are un-tripped rollover accidents. Un-tripped rollover accidents occur when a driver attempts to avoid a collision with another vehicle or debris, animals, and fallen objects that may be obstructing the roadway. A driver will attempt to abruptly swerve the vehicle to avoid the obstruction or collision, but if the vehicle is going fast enough and had a heavier than average load, the force of this action could cause the vehicle to rollover in the roadway.

Effects of a rollover accident can be permanent, life altering, and in some unfortunate cases, life threatening. Unfortunately, in many cases, rollover accident was preventable and occurred due to the carelessness of another. If this is the case, certain damages may be owed to the victim of such an incident.

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Coping with a Wrongful Death

Posted by on Mar 13, 2015 in Family, Injuries | 0 comments

People often forget that human beings are just as fragile as any other living creature on this planet. People are made up of bones, muscle, and skin and from what was once ash will return to ash just the same. It can all be gone in the blink of an eye, vanish like breath on a mirror. But what some people also fail to recognize is that they have profound effects on other people just the same. The loss of one can ripple into a tidal wave, a hurricane of hardship and pain to a multitude of people.

Imagine then when a life that should have continued on for decades was abruptly and unjustly taken due to something that should have been completely avoidable? If you are directly connected to the loss, the grief and pain felt cannot be anything that any words in any language can be able to properly convey. One day, you wake up and everything is normal and all of a sudden, when you’re just about to go sleep, suddenly you realize that everything that transpired from that day has now changed for your life forever. That is what loss this close to home can do to you. And there is no recovery from something like this, when you lose someone due to an accident that should never have happened in the first place.

If you have evidence that suggests or proves beyond reasonable doubt that the event that caused the death was due to someone else’s intentional or ignorant negligence, then there is legal action that can be taken.

The website of Schuler, Halvorson, Weisser, Zoeller and Overbeck, P.A. states that to file a wrongful death lawsuit against the guilty party is in order to claim financial compensation that can cause strain to any family. There are the burial expenses as well as any outstanding medical bills that may have been a result of the accident as well. It is not only that but there are also the circumstances that surround the surviving family or beneficiaries if the deceased was their primary income earner.

If you or someone you know has been the victim of a wrongful death type of case, contact a professional immediately.

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Truck Accidents: Things Drivers of Smaller Vehicles Should Avoid

Posted by on Feb 9, 2015 in Automobile Acidents, Cars, Injuries | 0 comments

For so many truck drivers, driving for 11 hours straight and cross-county is normally part the job, thus trucks are built with sleeping berths where they can get the rest and sleep that they need to keep them from driving while sleepy or fatigued.

Different government agencies actually work together to make sure that trucks never become threats on the road as their size and weight are much more than enough to run over and crash any vehicle. But while the Federal Motor Carrier Safety Administration (FMCSA) mainly focuses on improving the safety in the operation of commercial motor vehicles (CMV), the National Highway Traffic Safety Administration (NHTSA) turns its focus on both truck drivers and other motorists, constantly reminding the latter of the things they should avoid whenever they share the road with an 18-wheeler. These reminders are aimed at reducing risks of truck accidents and these include:

  • Avoiding blind spots. Truck drivers have multiple blind spots, such as the area directly behind the truck and truck’s passenger side. Blind spots (also called no zone areas) are areas where the truck driver will most likely fail to see the presence of another smaller vehicle (an obvious danger, especially if the truck were to make a right turn). Smaller vehicles should avoid these areas and, if going to drive past a truck, should do so at the driver’s side, where the diver will clearly see his/her vehicle.
  • Never driving too closely behind a truck. This is called tailgating and it is definitely dangerous, not only because you would be in a truck’s no-zone area, but because if the truck makes an emergency stop, the chances of a fatal accident may not be remote. Besides, tailgating also renders the (tailgating) driver totally unaware of the real situation of the road farther ahead, as well as greatly reduces his/her chance to reacting in time to impending road dangers.
  • Observe proper care at intersections. When executing a turn, trucks eat up multiple lanes, thus it is best that other vehicles always yield to trucks. Turning alongside trucks can prove fatal to drivers and passengers of smaller vehicles.

On its website, the Law Offices of Jeff Benton explains that truck drivers are never exempt from liability even if the vehicle it collides with in an accident is in its blind spot, or no-zone area. The truck drive is fully responsible in making sure that no vehicle is in the no zone area before he/she accelerates, turns or brakes his/her truck, as well as before he/she makes any lane changes.

Victims of car accidents, on the other hand, are sometimes advised to get in touch with an Oklahoma truck accident lawyer for them to know and understand their legal rights and possible actions against the liable parties.

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Consequences of Not Making Child Support Payments

Posted by on Feb 7, 2015 in Family | 0 comments

Divorce will never end a non-custodial parent’s obligation to support his/her children, except, of course, those that have reached the age of emancipation, unless support is determined by the court as still necessary.

Child support is a major concern that divorcing couples will have to settle. If the spouses concerned fail to arrive at a mutual agreement, it will then be the court which will have to determine the amount of support that will need to be paid by the obligor or non-custodial parent. Being a legal matter, whatever decision to be arrived, whether through mutual agreement or court settlement, the spouses concerned will have to observe it or suffer contempt of court and face legal punishments, such as fines and imprisonment. The obligor or even the obligee, custodial parent, can request the court to make changes in the amount of support if the obligor’s financial circumstances have changed.

One common issue that has arisen during the past years regarding obligors is their sudden disappearance in an attempt to escape their responsibility. Obligors need to know that the Child Support Recovery Act (CSRA) was passed in 1992 for the purpose of determining the whereabouts of missing obligors, such as those who have fled to other states to escape child support payment. It is also necessary for obligors to know that, based on the rules observed by U.S. Passports & International Travel of the U.S. Department of State’s Bureau of Consular Affairs, anyone owing at least $2,500 in child support will not be allowed to acquire a U.S. passport until he/she has fully paid the amount.

One of the major reasons why courts allow modifications in support agreements is to save the obligor from the burden of paying a support amount which he/she can no longer afford due to changes in his/her financial situation. Such changes may be due to a sudden and/or unexpected medical condition, loss of job, and so forth. But whether the issue is modification of the support agreed upon or enforcement of the support agreement, it is always best to be recommended by a The Woodlands child support lawyer, who can help you deal with whatever legal need that you have to address.

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BP Claim Appeals: Wait Further or Start the Legal Battle Now

Posted by on Feb 6, 2015 in Oil Spills | 0 comments

After the April 2010 British Petroleum (BP) oil spill along the Gulf of Mexico, the giant oil firm entered into a settlement contract that agrees to pay businesses and individuals for whatever oil spill-related financial losses they can show they suffered from. Since this agreement was signed BP has already made about $2.3 billion settlement payments. BP, however, stopped in its tracks of satisfying settlement claims after it felt and realized that the agreement has most likely fallen to wrong interpretations as Patrick Juneau, the court-appointed administrator of the settlement fund, considered any economic loss as authentic even without any proof that such loss is, indeed, the effect of the oil spill.

Due to the misinterpretation that BP is convinced to have occurred, the oil firm made repeated court appeals, all of which have been denied. After the last court rejection during the 4th quarter of 2014, BP still expressed its intent to pursue its case with unwavering resilience, plus its right to appeal any claims that exceeded $25,000, which it claimed was stipulated in the settlement agreement that it signed.

While BP may have the legal right to pursue what it believes is just, others see the firm’s move as nothing more than a delaying tactic in paying the rest of the $7.8 billion in estimated compensation payments. This delaying tactic, meanwhile, has placed even those who really suffered economic losses at an indefinite waiting period, a wait that has only led to more damaging losses to some, forcing them to declare bankruptcy and close down the business altogether.

The website of Williams Kherkher law firm says that business firms essentially have two options: wait more for no one knows how much longer or start the legal battle now. One danger of waiting further, though, is that the statute of limitation (relating to compensation) that was set by the Oil Pollution Act specifies only three years. In April 2015, it will already be five years since the spill occurred.

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Making Special Occasions Truly Memorable with a Private Car

Posted by on Feb 4, 2015 in Cars | 0 comments

There are instances when the only available car (in the family) is not classy, spacious or fast enough (depending on the situation and specific need) for the job. A cab is neither an option, especially if the occasion is something very special – one that requires the wearing of very formal attire, besides getting to the place on time, of course. The solution? A limo or private car service.

Private car service companies not only guarantee a luxurious and impeccably comfortable ride wherever you need to go and arrive on time. These companies also will provide you with a list of some of the classiest cars so you can choose which ride you want have – based on the occasion, the number of passengers and the impact or impression you may want to create. There is a Limo, a Lincoln Navigator, a Ford Expedition, Bentley and a BMW – whichever car you request or demand.

Besides the obvious great ride to and from your destination, a limo or private car service also guarantees an impressive, relaxing, safe, and elegant ride under the care of a professional, well-trained, friendly, courteous and, where Capital City Limousine is concerned, CPR-certified driver. Many business executives, well-known personalities (including celebrities) actually request services for many of their functions. Hiring a limo or private car service will definitely prove beneficial, especially to firms, whenever these would need to provide transportation to clients or investors since it will make clients and investors feel that they are important, valued, and cared for.

Limos are used in a number of special occasions, such as corporate events, weddings, proms, anniversaries, bachelor / bachelorette parties, birthdays, barbecue tours, and wine tours.

More than providing great ride, however, a limousine can make an occasion really special and memorable.

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Keeping Your Beneficiary Eligible for Government Benefits

Posted by on Feb 2, 2015 in Estates, Family | 0 comments

Providing well for one’s beneficiaries, (children, particularly), is a major concern of every good parent. This concern increases if the beneficiary, a loved one that is, were suffering from a disability, which may be physical, intellectual or psychiatric. If these injuries were caused by another’s actions, they may be able to file a personal injury claim to help ease the financial burden as well.

Leaving money and/or property to a disabled beneficiary, however, needs very careful planning as miscalculated actions may only result to removal of government health care and financial benefits, such as nursing care from the Medicaid welfare program and the Supplemental Security Income (SSI), for your loved one. While leaving behind a house or even a car to your disabled child will not affect his/her eligibility to receive and enjoy Medicaid and SSI, leaving him/her cash, like a savings account, is a completely different story.

Though disability may render your child wanting of all the possible government assistance and benefits available, the cash that you will leave behind may have the effect that he or she is already safely covered. This presumption, though, can definitely be avoided to keep your child from being deprived of the benefits which may be rightfully his/hers. Through the drafting of a supplemental needs trusts, more commonly known as special needs trust, can this be possibly avoided.

The special needs trust is a means whereby parents or custodians can provide benefits for, and protect the assets of, their disabled beneficiary; it is recognized and allowed both by the state and the federal government. To keep your beneficiary’s eligibility to government benefits and assistance, the trust requires that all properties and cash intended for his/her future support be left under the special needs trust itself instead of being placed under his/her name directly. Though the trust will end eventually, upon the death of the beneficiary or when all the money have already been spent (by the beneficiary or in his/her behalf) it will never have any negative effect on his/her eligibility.

The person who will draft the trust also has the legal right to appoint whoever he/she wants to act as trustee, that is, the person who shall manage the property and the cash in behalf of the beneficiary. This legal right is partly meant to eliminate any possibility of issues of mismanaged trusts which explains is one of the many issues surrounding a trust and the usual basis of trust litigation.

The website of Peck Ritchey, LLC, mentions the different legal problems that can exist between the beneficiary and the trustee regarding the trust’s proper management – problems that often require the court to settle. In the event of legal issues regarding special needs trusts, seeking the services of a well-trained lawyer will definitely be among the best interests of the beneficiary.

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