State or Federal Court for a Wrongful Death Claim?
When a person dies because of the negligence or willful act of another entity or person, the surviving family members may be able to bring a civil lawsuit, often through a representative of the deceased person’s estate. This type of lawsuit is called a wrongful death claim and its purpose is to recover damages for pain and suffering, lost income, care and companionship, medical and funeral expenses, etc. The rules for wrongful death claims vary from state to state, where the vast majority of wrongful death claims are made.
There are some circumstances, though, where wrongful death claims end up in federal court. Often, this is when a defendant requests that the case be moved from the state-level to the federal judicial system.
Read MoreHow Kids Cause Distracted Driving Accidents
According to CDC.gov, distracted driving accidents take the lives of nine people every day and injure more than 1,000. Distracted driving is driving while being distracted by another activity and greatly increases the chances of causing a motor vehicle accident. The two most common types of distracted driving involve using a smart phone and talking to passengers in the vehicle. Other types of distractions from inside the vehicle can increase the risk of distracted driving accidents; including the presence of children.
Read MoreFiling a Wrongful Death by Police Claim
We know that police officers are supposed to “protect and serve” their communities and most of the time they do a really good job. Unfortunately, there are thousands of situations where a police officer’s actions lead to the death of another person. In some cases, the officer is charged with homicide and in others their actions are deemed reasonable based on the circumstances. The family of the deceased person may be able to file a wrongful death action if a wrongful death attorney can show that the officer’s negligence or willful disregard for the law led to the death of their loved one. Unlike a criminal charge, the purpose of a civil lawsuit is to fight for a financial settlement for pain and suffering, medical and funeral expenses, lost companionship, parental care and other damages.
Read MoreWhat to Do if You’re in a Car Accident in your Rental Car
Most of the time, we drive our own vehicles in our home state, covered by our own personal car insurance. If we get into a car accident, we have a reasonable idea of how our car insurance will protect us. But what happens when you get into a car accident while driving a rental car?
What to do if you’re in a car accident in your rental car
For the most part, a person should follow the same protocols that they would if they were in a car accident in their own vehicle. This includes:
Read MoreWhat is the Statute of Limitations and the Discovery Rule for Wrongful Death Claims?
If you have lost a loved one because of the negligence of another, you’re likely feeling heartbroken and overwhelmed. You may also be wondering how you are going to support your family financially in light of the loss. A wrongful death claim may be a valid option to help your family recover damages such as funeral and medical expenses, lost income and more.
When it comes to all types of personal injury claims – including wrongful death – every state has personal injury laws in place. These laws include a statute of limitations and the “Discovery Rule.”
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Read MoreDo I Need to Keep an Information Exchange Form in My Car in Case of a Car Accident?
An information exchange form is typically used by police officers after they have determined that your car accident is “non-reportable” because no serious or known injuries have occurred and damage to vehicles appears to be less than $1,500. Drivers are not required to keep an information exchange form in their vehicles just in case they are in a car accident but it could come in handy in situations where police do not respond to the accident or police officers are not called. The bottom line is that driver information needs to be exchanged whether or not the police are called to the scene.
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Read MoreWhat to Do if Your Loved One is Killed in A Car Accident
It’s a nightmare scenario: you’ve just received a call that you partner or child has been killed in a car accident. According to the Association for Safe International Road Travel, more than 37,000 people die in car accidents in the United States every year. You will understandably be feeling overwhelmed with grief and shock after receiving this call so it’s important to know what to do before it happens.
What to do if your loved one is killed in a car accident
Read MoreDangers of Alcoholism – Leads to Drunk Driving and Drunk Driving Accident Victims
According to the gatewayfoundation.org, alcohol is the most common addiction substance in the United States. Studies show that binge drinking over a period of time can cause serious health problems, including chronic diseases and a shortened life span. In the short term, alcohol impacts a person’s judgement and often leads to drunk driving and driving under the influence (DUI) arrests. Alcohol-related car accidents cost taxpayers $100 billion a year and thousands of lost lives.
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Read MoreWhen Fraternity Hazing Turns Deadly: Wrongful Death Lawsuit
Many freshman college students are excited to join a fraternity or sorority as they start their college experience. It’s a way to create a sense of belonging when away from home for the first time. Most people love their experiences but sometimes things can go very wrong when hazing is taken way too far. Hazing is humiliating and sometimes dangerous initiation rituals, often imposed on students seeking membership into a fraternity or sorority. In recent years, there have been some tragic deaths associated with college hazing that have made the national news. Some of these deaths have resulted in wrongful death lawsuits brought by the family of the deceased. When the actions of a fraternity lead to the death of a person, it may be appropriate to file a wrongful death lawsuit against the university and/or fraternity to recover damages. Here is one example: on February 3, 2020, the mother of the Rutgers student who was killed by a train after becoming intoxicated at a frat party sued the school and fraternity for wrongful death.
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Read MoreCDC Report Shows U.S. Maternal Mortality Affects Women Up to a Year After Delivery: Most Deaths Preventable
A 2019 CDC report casts light on a tragic reality in the United States: too many American women are dying from pregnancy-related complications up to a year after delivering their babies. A report released by the CDC today underscores the tragedy. The report found that including maternal deaths during pregnancy, at birth, or within 42 days of birth, the overall 2018 U.S. maternal mortality rate was 17.4 deaths per 100,000 live births. Clearly, the rate would be higher if it had included deaths up to 52 weeks after birth. The U.S. ranks 10th for maternal mortality among 10 other similarly wealthy countries.