What types of damages are recoverable in wrongful death cases?

You may be able to recover three types of damages: economic, non-economic, and punitive.

Economic damages: In these types of damages, you may recover for:

·         Medical and funeral expenses connected to the death

·         Loss of the victim's expected earnings

·         Loss of benefits, such as pension plans or medical coverage

·         Loss of an inheritance caused by the untimely death

Non-economic damages: You may be to recover damages for:

·         Mental anguish or pain and suffering

·         Loss of the care, protection, guidance, advice, training, and nurturing from the deceased

·         Loss of love, society, and companionship from the deceased

·         Loss of consortium from a deceased spouse

Punitive damages: These damages are awarded to punish the defendant for especially bad conduct.

Damages Recoverable in a Wrongful Death Case

Wrongful death happens when a person is killed because of the reckless or negligent behavior of someone else. Family members of the deceased may be able to file a wrongful death lawsuit against the responsible party. A wrongful death lawsuit determines the amount of damage the surviving family members can collect.

Types of damages

In general, there are three types of damages available to the survivors in a wrongful death lawsuit: (1) economic, (2) non-economic, and (3) punitive.

Economic damages: These damages include the value of the financial contribution the victim would have made to the survivors had he/she been alive. Survivors may recover damages for:

·         Medical and funeral expenses related to the death

·         Loss of the victim's expected earnings

·         Loss of benefits, such as pension plans or medical coverage

·         Loss of an inheritance caused by the untimely death

Non-economic damages: Survivors of the deceased may recover damages for:

·         Mental anguish or pain and suffering

·         Loss of the care, protection, guidance, advice, training, and nurturing from the deceased

·         Loss of love, society, and companionship from the deceased

·         Loss of consortium from a deceased spouse

Punitive damages: These damages are awarded to punish the defendant for especially bad conduct. In many states, these damages are not available in wrongful death lawsuits or not recoverable against most government agencies. 

Wrongful Death Claims

A week ago, my uncle was run over by a speeding vehicle as he was trying to fix his car that had broken down in the middle of the highway. He suffered a serious head injury. He was immediately taken to the emergency by witnesses. However, he died in the hospital. We are planning to file a wrongful death case against the reckless driver who caused the accident. What type of damages can we recover?

You may be able to recover three types of damages: economic, non-economic, and punitive.

Economic damages: In these types of damages, you may recover for:

·         Medical and funeral expenses related to the death

·         Loss of the victim's expected earnings

·         Loss of benefits, such as pension plans or medical coverage

·         Loss of an inheritance caused by the untimely death

Non-economic damages: You may be to recover damages for:

·         Mental anguish or pain and suffering

·         Loss of the care, protection, guidance, advice, training, and nurturing from the deceased

·         Loss of love, society, and companionship from the deceased

·         Loss of consortium from a deceased spouse

Punitive damages: These damages are awarded to punish the defendant for especially bad conduct.

What are the consequences of teenage drunk driving?

The following are the consequences:

Punishment: The court may impose community service and fines of up to thousands of dollars. There may be license suspension for up to two years.

Jail time and probation: A teenage DUI conviction can result in up to one year in jail for first time offenders.Those who are caught drunk driving more than once, as well as those involved in a drunk driving accident, may receive a jail sentence ranging from a few days to several years. Sometimes, conviction can also result in probation for 3-5 years.

Social consequences:  DUI conviction must be disclosed by teenagers on all college applications. Although it may not prevent them from getting into college, it will certainly be a strike against them. In terms of employment, a prior conviction may sometimes sway an employer’s decision to hire them.

Teenage Drunk Driving Consequences

Every year, thousands of teenagers die in drunk driving accidents. Such accidents happen because teenagers are generally inexperienced drivers and are too young to be consuming alcohol. They take greater risks and exercise less caution while behind the wheel.

Consequences

The laws and penalties for teenage drunk driving are strict as compared to those for adult drunk driving.

Punishments

Punishments for teenage DUI vary from state to state. However, the punishments are generally harsher for first time offenders than for adult drunk driving offenders. This is because they have to face penalties for underage drinking as well as driving under the influence. If their blood alcohol content (BAC) is found anywhere from 0.05 – 0.07 percent and above, they can be charged with underage DUI and an adult DUI.

As a punishment, the court may impose community service and fines of up to thousands of dollars. They may also face license suspension for up to two years.

Jail time and probation

A teenage DUI conviction can result in up to one year in jail for first time offenders.Those who are caught more than once may receive a jail sentence ranging from a few days to several years, depending on the severity of the case.

A teenage DUI conviction can also result in probation for 3-5 years. Teenagers may also be ordered to undergo diversion programs or other drug and alcohol related education classes.

Social consequences

DUI conviction must be disclosed by teenagers on all college applications. Although it may not prevent them from getting into college, it will certainly be a strike against them. In terms of employment, a prior conviction may sometimes sway an employer’s decision to hire them.

Consequences of teenage drunk driving accident

My teenage son has been convicted of drunk driving. What are the consequences he may have to face?

The laws and penalties for teenage drunk driving are strict. The following are the consequences:

Punishment: The court may impose community service and fines of up to thousands of dollars. There may be license suspension for up to two years.

Jail time and probation: A teenage DUI conviction can result in up to one year in jail for first time offenders.Those who are caught driving drunk more than once, as well as those involved in a drunk driving accident, may receive a jail sentence ranging from a few days to several years. Sometimes, conviction can also result in probation for 3-5 years.

Social consequences:  DUI conviction must be disclosed by teenagers on all college applications. Although it may not prevent them from getting into college, it will certainly be a strike against them. In terms of employment, a prior conviction may sometimes sway an employer’s decision to hire them.

What kind of evidence do I need to make a claim in a motorcycle accident?

Every motorcycle accident is a nerve-racking experience. If you want to recover compensation for your damages, you will need to have enough evidence to support the filing and settlement of a motorcycle accident claim. The following are the types of evidence you may need:

·         A police report will contain details about injuries, property damage and the cause of the crash, as well as its date, time and location. You may be able to use that report to support your claim.

·         Your helmet can play an important role for establishing that you didn’t contribute to your face or head injuries. Photograph your helmet at the scene, and don’t alter it in any way.

·         Photograph the accident scene and your motorcycle as it lies on the ground.

·         Write down the names and contact information of all witnesses. Write down what they saw, as their statement is invaluable.

·         Medical records are an important piece of evidence. Keep copies of the paramedics’ notes, your medical bills, the written diagnosis and prognosis of your doctor, and any test results from MRIs or CAT scans.

Important Evidence in a Motorcycle Accident

Every motorcycle accident is a nerve-racking experience. If you want to recover compensation for your damages, you will need to have enough evidence to support the filing and settlement of a motorcycle accident claim. The following are the types of evidence you may need:

Police report

A police report will contain details about injuries, property damage and the cause of the crash, as well as its date, time and location. You may be able to use that report to support your claim.

Your helmet

A motorcyclist is required by law to wear a helmet for his/her own safety so that he/she doesn’t sustain severe head injuries. Your helmet can play an important role in establishing that you didn’t contribute to your face or head injuries. Photograph your helmet at the scene, and don’t alter it in any way.

Photographs of the accident scene

Photograph the accident scene and your motorcycle as it lies on the ground. Look for the point of impact between your bike and the car. Also take pictures of other objects disturbed by the accident, including, but not limited to, accident debris, parts of your motorcycle that broke during the impact, and paint chips on the ground.

Witnesses

Write down the names and contact information of all witnesses. Write down what they saw, as their statement is invaluable.

Medical records

Medical records are the most important piece of evidence, as they play a decisive role in how much compensation you should get. Keep copies of the paramedics’ notes, your medical bills, the written diagnosis and prognosis of your doctor, and any test results from MRIs or CAT scans.

Motorcycle Accident

As I was riding back home, my motorcycle was hit by a speeding car. I have suffered serious injuries, including a broken leg, a sprained hand and several cuts all over my body. I want to sue the driver of the car. What evidence do I need to show to support my case?

Every motorcycle accident is a nerve-racking experience. If you want to recover compensation for your damages, you will need to have enough evidence to support the filing and settlement of a motorcycle accident claim. The following are the types of evidence you may need:

·         Photograph of your helmet

·         Police reports

·         Photographs of the accident scene

·         Contact information of witnesses

      ·         Medical records 

In what ways can an employee injured in heavy machinery and work equipment accidents file a claim to receive compensation?

Injured employees can file a claim for compensation through the following sources:

Workers’ compensation benefits: Employees injured on the job are entitled to workers’ compensation benefits through the employer’s insurance, regardless of fault.

Personal Injury Lawsuit: If an employee is injured because of the employer's carelessness or intentional act, he/she can bypass the workers' compensation system and sue their employer for the damages. 

Construction Site Heavy Machinery Accidents

Accidents involving heavy machinery and equipment are common on construction sites. They can lead to serious, life changing injuries or even death. These accidents involve a variety of heavy machinery such as bulldozers, cranes, forklifts, tractors, and power tools.

Employer’s Responsibilities in Operating Heavy Machinery and Equipment

An employer must ensure that safety protocols are followed while operating heavy machinery and equipment. This includes:

·         Training workers to operate the heavy machinery or work equipment.

·         Regular maintenance of all machinery and work equipment.

·         Performing necessary repairs.

·         Providing the employees with relevant protective gear.

·         Ensuring that full protective gear is always worn when operating heavy machinery or work equipment.

Pursuing Compensation for Heavy Machinery and Equipment Accidents

Employees injured in heavy machinery and work equipment accidents can file a claim in order to obtain compensation for injuries and any financial losses that incurred as a result of the accident. Injured employees can file a claim for compensation through the following sources:

Workers’ compensation benefits

Employees injured on the job are entitled to workers’ compensation benefits through the employer’s insurance, regardless of fault. Workers’ compensation insurance covers medical treatment, lost income, retraining cost, rehabilitation cost, and benefits to the families of employees who are killed on the job. Employees who receive workers’ compensation benefits cannot sue their employer.

Personal Injury Lawsuit

If an employee is injured because of the employer's carelessness or intentional act, he/she can bypass the workers' compensation system and sue their employer for the damages. Additionally, if someone other than the employer causes the injury or shares responsibility for the injury, an employee may file a claim against the party. By filing third party claims, employees can receive additional compensation for pain and suffering and other non-economic damages.

Heavy Machinery Accident Prevention

What can I expect from my employer to ensure my safety while working with heavy machinery on a construction site?

An employer must ensure that safety protocols are followed while operating heavy machinery and equipment. This includes:

·         Training workers to operate the heavy machinery or work equipment.

·         Regular maintenance of all machinery and work equipment.

·         Performing necessary repairs.

·         Providing the employees with relevant protective gear.

·         Ensuring that full protective gear is always worn when operating heavy machinery or work equipment.

What damages are recoverable in a medical malpractice case?

Damages recoverable in a medical malpractice case are divided into:

General damages: These damages may compensate a victim for losses that cannot be easily quantified. Pain and suffering, loss of consortium, and loss of enjoyment of life are some examples of general damages.

Special damages: These damages may compensate a victim for financial losses incurred from the injury. These damages may cover medical expenses such as doctor’s bills, hospital bills, prescriptions, medical equipment, and therapy.

Punitive damages: The regulations on punitive damages vary from state to state. However, the general rule to receive punitive damages is that the doctor or medical professional’s actions were intentional and led to injuries.

Damages in a Medical Malpractice Case

The victim of a medical malpractice case may be entitled to recover damages for a variety of reasons, including medical bills, lost earnings, as well as pain and suffering. If the malpractice results in death, the patient’s family is entitled to recover the damages. However, in order for a victim to recover damages, he/she must be able to prove that medical malpractice was actually the cause of injury or death. There must also be a significant price tag on those damages. There are three different types of damages that can be recovered from a medical malpractice case: general, special and punitive.

General damages: These damages may compensate a victim for losses that are not easily quantifiable. Pain and suffering, loss of consortium, and loss of enjoyment of life are some examples of general damages. Putting a dollar figure on these types of losses is not easy. The court will consider the severity of the injury caused by the medical professional’s negligence. For permanent damage or disfigurement, such as a scar, the award will be higher than in cases where there is no permanent injury.

Special damages: These damages may compensate a victim for financial losses incurred from the injury. These damages may cover medical expenses such as doctor’s bills, hospital bills, prescriptions, medical equipment, and therapy. A victim may also recover damages for future medical bills as long as they can be estimated with a reasonable degree of certainty.

Lost wages and loss of future earnings are also covered under special damages. If the injury causes the victim to miss time from work and not get paid for that missed time, he/she can sue to recover those lost wages. If the victim gets paid because he/she used paid sick or vacation days, the defendant would still have to reimburse him/her for the value of the used sick or vacation days.

Punitive damages: The regulations on punitive damages vary from state to state. However, the general rule to receive punitive damages is that the doctor or medical professional’s actions were intentional and led to injuries. The exact amount of punitive damages that a victim may receive is left to the judge.

Medical Malpractice Case

My mother was suffering from gastritis. However, she was misdiagnosed and was given medication for a kidney problem. She was under wrong medication for about 6 months. When the medicine was not helping her, we decided to change her doctor. It was only then that we found out that she had been misdiagnosed. The wrong medications have worsened her condition. It has infected her liver, and she might need to undergo surgery. We would want to recover damages for medical bills and loss of earnings. What kinds of damages are available in such medical malpractice cases?

You may be entitled to recover damages for a variety of reasons, including medical bills, lost earnings, as well as pain and suffering. However, in order for you to do so, you must be able to prove that medical malpractice actually caused you the damages in question. There must also be a significant price tag on those damages. There are three different types of damages that can be recovered from a medical malpractice case: general, special and punitive.

What can contractors and employers do to ensure that workers follow safety guidelines regarding the use of ladders?

The employer must provide a training program to all the workers using ladders. The workers will be trained on the nature of fall hazards; the procedures for using the fall protection systems; the proper construction, use, placement, and care in handling of all stairways and ladders; and the maximum intended load-carrying capacities of ladders.

Construction Site Ladder Accident Prevention

Ladders are used on construction sites to make large scale jobs easy. However, when they are carelessly used, it may lead to potential hazards. According to OSHA, every year about three dozen fatalities and 25,000 injuries result from ladder accidents. Under the New York Labor Law, contractors and owners are required to furnish ladders whenever necessary to give proper protection to an employee on a construction site. If a contractor or owner violates this, they can be held completely responsible for the injuries of their workers.

The Occupational Safety and Health Administration (OSHA) aims at preventing ladder accidents at construction sites. Below are safety guidelines by OSHA for using a ladder. Following the ladder safety requirements can minimise the risk of a serious accident.

·         Ladder Design: All portable ladders should be designed to support at least four times the maximum intended load. Workers should not apply load beyond this capacity.

·         Positioning of Ladders: Ladders should be correctly positioned on flat surfaces to avoid slip and falls from ladders.

·         Side Rails: The side rails must extend at least 3 feet above the landing surface. If it is not possible, a rigid support and a grab device should be used.

·         Grab Rails: Grab rails should be provided to assist workers in mounting and dismounting the ladder.

·         Angle between Ladder and the Wall: The angle between the ladder and the wall must be such that the working length of the ladder is about four times the horizontal distance from its foot and the wall.

·         Ladder Inspection: All the components of a ladder must be inspected by a competent person before each use.

·         Areas around the Top and Bottom of the Ladder: During any operation, the area around the top and bottom of the ladder must be kept clear in order to avoid the risk of a serious injury.

·         Worker Training: The employer must provide a training program to all the workers using ladders. The workers will be trained on the nature of fall hazards; the procedures for using the fall protection systems; the proper construction, use, placement, and care in handling of all stairways and ladders; and the maximum intended load-carrying capacities of ladders.

·         Do Not Tie Ladders Together: Ladders must not be tied together to reach long positions unless they are specifically designed for such use.

Construction Site Ladder Accident

I am a construction site worker. My work demands that I climb ladders very often, but sometimes I don’t feel safe. How do I ensure that I am not in danger?

The Occupational Safety and Health Administration (OSHA) has given safety guidelines that aim at preventing ladder accidents at construction sites. Some of the guidelines include:

·         Ladders should be correctly positioned on flat surfaces to avoid slip and fall from ladders.

·         Grab rails should be provided to assist workers in mounting and dismounting the ladder.

·         Ladders must not be tied together to reach long positions, unless they are specifically designed for such use.

Who can be sued for a Motorcycle Passenger Accident?

Several parties can be sued in a motorcycle passenger accident.

• You may sue the motorcycle operator if the accident was caused as a result of poor decision-making or negligence on the part of the operator.
• If your injury was caused by a collision with another vehicle, the driver of the other vehicle may be held responsible for your injuries.
• When brakes or indicators are improperly repaired and cause an accident, the repair shop or mechanic may be held responsible for the accident. If accident was caused as a result of a defect in the design or manufacture, the manufacturer may be held responsible.
• In case of an accident caused as a result of a roadway defect, the state, county, city or town government may be held legally liable since roadway maintenance is their responsibility to maintain a roadway.

Who can be sued for a Motorcycle Passenger Accident?

Unlike other automobiles, a motorcycle lacks outer protective shell and has no passive protective system such as a seat belt and an airbag. A motorcycle accident, therefore, can cause serious injuries to its passenger as well as its rider. However, injured passenger in a motorcycle accident may have the legal option of suing the responsible parties and recovering damages. Following are the responsible parties:

•         If the accident was caused as a result of poor decision-making or negligence on the part of the motorcycle operator, he may be held responsible for the accident. Negligence include speeding, improper lane change, improper turns and failure to maintain or repair the motorcycle.
•           If your injury was caused by a collision with another vehicle, the driver of the other vehicle may be held responsible for your injuries. However, this will largely depend on the facts and circumstances of the particular collision.
•        A motorcycle accident may be caused as a result of a failure. This failure may happen for a number of reasons, and a number of people may be legally liable for this. When brakes or indicators are improperly repaired and cause an accident, the repair shop or mechanic may be held responsible for the accident. If the accident was caused as a result of a defect in the design or manufacture, the manufacturer may be held responsible.
•        A motorcycle is much more affected by a roadway defect than automobiles. A pothole, bridge seam or an undulating asphalt surface can easily cause a motorcycle to veer, causing injury to the rider and the passenger. In the case of an accident caused as a result of a roadway defect, the state, county, city or town government may be held legally liable since roadway maintenance is their responsibility to maintain a roadway.

You may also be able to bring a claim for personal injuries against your own insurance company. “No-fault” insurance states require the victim to first pursue a claim with their own insurance company. A claim cannot be brought against the negligent party unless the injuries are deemed serious.

Victims in other states may be able to pursue compensation through the uninsured/underinsured motorist coverage.

Legal Options after Being Injured as a Motorcycle Passenger?

Two weeks back, as I was returning home from work, my car broke down. I tried to hire a taxi cab but was unable to find any taxis nearby. Fortunately, a motorcyclist stopped by and offered to drop me home. However, as we were heading homeward, we met with an accident. At the moment, I have a broken leg and several other injuries on my body. Who do I sue for the injuries I sustained?

Several parties can be sued for your motorcycle passenger accident.

•          You may sue the motorcycle operator if the accident was caused as a result of poor decision-making or negligence on the part of the operator.
•          If your injury was caused by a collision with another vehicle, the driver of the other vehicle may be held responsible for your injuries.
•          When brakes or indicators are improperly repaired and cause an accident, the repair shop or mechanic may be held responsible for the accident. If the accident was caused as a result of a defect in the design or manufacture, the manufacturer may be held responsible.

What are the different types of abuse that take place in nursing homes?

Different types of nursing home abuse include:

•          Physical abuse
•          Sexual abuse
•          Emotional abuse
•          Financial abuse