What Are the Four Elements of a Successful Personal Injury Claim?

A personal injury claim is a legal dispute that arises because a person has suffered harm from an accident or injury that another person or entity might be legally responsible for because of negligent or reckless behavior. Put another way, injuries caused by another person or organization’s reckless behavior may lead to a personal injury claim. Personal injury attorneys are familiar with the laws in the state they practice and can assess your situation to let you know whether you have a legitimate personal injury claim.

Understanding the elements of a personal injury claim is the first step to knowing whether you could have a successful claim.

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Princess Cruise Lines Accused of Gross Negligence for Exposing Passengers to Novel Coronavirus

A Florida couple who has been stuck on the Grand Princess cruise liner for days off the coast of San Francisco along with 3,500 other passengers and crew members because 21 people tested positive for the Coronavirus is suing the cruise line. One of the 21 patients died after contracting the virus. The couple is accusing the ship’s operator of gross negligence in allowing them to be exposed to Coronavirus. The couple is seeking more than $1 million in damages, according to a report by CNN.

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Protecting Commercial Fishermen from Preventable Diseases

Seamen take on a very high risk of injury compared to workers in many other industries. Hazards specific to the job create certain common types of accidents among maritime workers. One of the potential hazards in a fishing vessel is the spread of communicable diseases because of poor hygiene or an unsanitary environment. These medical emergencies can be avoided with “medical survival skills”.

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How to Reduce Child Car Accident Fatalities

The death of a child carries a particular tragedy. Parents fear the loss of their children probably more than any other single thing. According to the Centers for Disease Control (CDC), injuries from motor vehicle accidents are a leading cause of death among children in the United States. Since most motor vehicle accidents are preventable, most of these deaths are preventable too.

If you lost a child in a horrible car accident, contact a car accident attorney for help. The accident lawyer can discuss your legal rights and may be able to help you recover damages for your loss.

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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.

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How 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.

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Filing 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.

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What 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:

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What is a 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 many laws in place. These laws include a statute of limitations and the “Discovery Rule.”

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Do 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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