Cocktails and Christmas go hand in hand, and even those who do not drink often may find themselves sipping champagne on New Year’s Eve. As long as you can consume alcohol responsibly, there is nothing wrong with indulging over the holidays.
According to My Statesman, two separate car wrecks that occurred in Austin on the same Saturday earlier this month resulted in four total fatalities. Sadly, the tragic collisions happened within a few hours of each other, keeping responders and local police busy performing the subsequent investigations.
If you recently underwent a medical procedure but you did not achieve the results you were hoping for—or serious complications have since arisen—you may be wondering if you were the victim of medical malpractice. Although there is a chance you received substandard care, it is important to remember that healthcare is an imperfect science, and every procedure comes with certain risks.
If you sustain an injury on the job but your employer carries workers’ compensation coverage, you may not be concerned about securing benefits. After all, how hard could it be to file a claim?
If you are planning on using Thanksgiving weekend to catch up with loved ones who do not live nearby, it is essential that you take certain steps to avoid causing a motor vehicle collision en route. For example, you should schedule a visit to your mechanic before making the trip to ensure all the fluid levels are topped off and the tire pressure is ideal.
Accidents befall people every day and there is really nothing anyone can do about it. You hear of various tragedies all the time which involve car accidents, murders, assaults etc., and it makes you wonder whether there is any justice for the people who lose their lives due to these mishaps. Well there can be, in the form of a wrongful death lawsuit.
The first prerequisite in filing a wrongful death law suit is that you have to be related to the deceased in some capacity. This means that only immediate family members like parents, spouse, children or grandchildren can file these suits, while in certain cases legal guardians and / or extended family members might be allowed to do so, as well.
The Main Elements of a Wrongful Death Case
For you to file a wrongful death suit and hope to have a chance of winning, you need to prove four basic elements before you can proceed. These are:
- The death of the deceased was caused by the party you are suing. The extent of their involvement also needs to be proved in this case
- The death of the deceased was caused as a direct result of the actions of the defendant
- The death of the deceased has a direct effect on your life, as well as the lives of any dependents (children, parents etc.) and you need compensation to provide for yourself or for them
- The death of the deceased led to monetary damages that you are unable to pay
Before taking any action, keep in mind that these elements, while extremely important for any wrongful death law suit, may differ from one state to the next. It is possible that some state’s laws are in favor of the defendant or vice versa, and the best way to make sure is to consult a wrongful death attorney beforehand.
While we have already talked about four very important elements that need to be proved in almost every wrongful death law suit, one factor that is detrimental to every such case is negligence. The Merriam-Webster dictionary defines it as a “failure to exercise the care that a reasonably prudent person would exercise in like circumstances.”
For example, if a doctor performing a surgery is distracted and makes a blunder that directly led to the death of a person, then that doctor will be considered negligent in this case and is liable to be sued by the victim’s family. Another example can be that of a drunk driver, who caused an accident leading to another person’s death. In this case, the driver will be considered negligent as he was driving under the influence of alcohol.
The most important factor when it comes to negligence, however, is to definitively prove that there was any in the first place. You need to prove the defendant had a direct hand in the deceased person’s death, for which you will require some form of evidence, or witness testimony. These aspects of the case are best left up to a capable wrongful death attorney.
Construction is a notoriously dangerous industry, and serious injuries and even fatalities are common when accidents occur on building sites. According to the Occupational Safety and Health Administration, more than 20 percent of all private workplace fatalities in 2015 occurred in construction.
Drunk driving collisions are tragic because they are utterly senseless and so easily prevented. Sadly, despite every state’s best efforts to stop them, intoxicated motorists cause thousands of fatal accidents around the country every year.
How did you find your current healthcare provider? Did a friend or primary care physician recommend him or her? Did you perform a Google search for certain qualities then sort the results by online ratings?