In hindsight, a wrongful death lawsuit is a claim that alleges a person of being responsible for someone’s death. It is normally filed by the family or close relatives that were left in bereavement after the victim’s death. The personal injury lawyers at Pohl & Berk, LLP said that while there is not enough replacement for the loss of a loved one, a sense of closure may be sought after through the filing of a lawsuit.
However, there are certain situations one should consider before filing a wrongful death lawsuit, according to All Law. Most definitely, the intentional killing of a person may be filed without meriting questions or doubts. Medical malpractice, or a medical professional’s failure to provide the required care, is also a qualified wrongful death case. Deaths from car accidents may also be filed as wrongful death, but only if the claimant believes that the other party has been negligent, which led to the accident.
In order to fully understand what a wrongful death lawsuit entails, the elements of it must be enumerated. First and foremost, there should be the death of the person, which leads to the question whether the death was a result of someone else’s negligence, according to Find Law. If it is, then the remaining family members or any assigned person, who are now suffering several damages after the victim’s death, may now bring up the civil lawsuit. Lastly, there should be a legal representative for the family.
After a lawsuit is brought to the court, the kind of damages is then determined – whether it is pecuniary/financial or punitive or both. Pecuniary damage refers to the medical and funeral expenses to cover the victim’s death and any loss that is monetarily quantified. Punitive damage, on the other hand, is focused on the punishment that should be given to the defendant.
Going through a wrongful death lawsuit might be mentally, physically, and emotionally exhausting.Read More
Listeria is a type of bacterium that can cause listeriosis, a type of food-borne disease that is typically non-fatal for healthy individuals. However, for young children, older adults, or for those with weak immune system, a listeria infection can be serious, sometimes even deadly. Signs and symptoms of listeria infection may occur days after exposure, which may include diarrhea, muscle pain, fever, and nausea.
There are many different causes of listeriosis. According to the website of Williams Kherkher (view website), food products that have been manufactured and packaged in an unsanitary way are most prone to listeria contamination. Home-cooked meals stored and handled in an unsanitary are also at risk of contamination.
Unfortunately, listeriosis may take its greatest toll on vulnerable groups. Unborn babies whose mother was exposed to listeria, for instance, are at risk of premature birth, still birth, miscarriage, or life-threatening infection. For those with weak immune system, such as the elderly or those with chronic diseases, listeriosis may result in septicemia (blood infection), or meningitis (inflammation of the lining of the brain).
The adverse effects associated with listeriosis can be fatal. As such, it is important to seek medical help for accurate diagnosis and prompt antibiotic treatment if you believe you have been exposed to listeria. You may also keep in mind these tips on how to ensure that your foods are safe from contamination:
- Never drink unpasteurized milk or eat products with unpasteurized milk
- When eating raw vegetables, wash them thoroughly with clean running water to make sure that no listeria-containing materials are left
- When preparing and handling food, make sure to use only clean utensils
- Utensils used for uncooked food should never be used for the cooked or ready-to-eat ones
- If you are pregnant, are sick, or have weak immune system, take extra precautions in eating refrigerated seafood and deli meats
The U.S. Constitution is there to protect the rights of its citizenry. One of these rights is that of privacy, and the provisions are found mainly in the Fourth Amendment, although some may also be found in other amendments. One of these provisions is the search-and-seizure in which the police have limited power to search an individual’s person, property, and effects and to seize any illegal goods such as weapons and drugs.
The Fourth Amendment prohibits all “unreasonable” searches and seizures by law enforcement. These are defined as searches and seizures where there is no probable cause and no warrant issued by a judge. In some instances, a warrant may not be necessary, such as when contraband is in plain view.
The Fourth Amendment is only applicable in a search-and-seizure if the defendant has a “legitimate expectation of privacy.” This usually refers to private property such as a home or personal effects such as a handbag, but it may also be applicable in public places such as a mall bathroom.
To determine if there has been a Fourth Amendment violation, the court establishes if the legitimate expectation of privacy applies in the absence of a valid search warrant. According to the website of criminal defense lawyers Kohler Hart Powell, SC, if this expectation exists, then any evidence collected in that particular search is excluded and may not be used against the defendant. This also includes any other evidence discovered or seized as the result of the earlier illegal search, the so-called “fruit of the poisonous tree.”
However, there are always exceptions to the rule. If the police officer has reason to suspect that an individual may be in possession of illegal goods, or if the illegal goods was in plain sight, then any evidence seized may be used as such in a court of law even in the absence of a search warrant.
If you have been charged with a crime as a result of an illegal search-and-seizure, you have a good chance of having your case dismissed. The help of a qualified lawyer can prove fundamental in this kind of cases.Read More
Nobody wants to have to deal with an accident – least of all the innocent victim who is at the tail end of this kind of situation. It is not even just the physical trauma suffered that can come as a result from an accident of this nature. It can be so much worse than just that and affect more than one person or party.
According to the website of Spiros Law, P.C., people who have been in accidents that have caused serious injury have experienced emotional strain as well as financial troubles due to the medical expenses, repair of damaged property, as well as all the other costs that come with it, not to mention the fact that the psychological scarring that an accident could do to a person is quite profound. A victim may develop post-traumatic stress disorder following a harsh accident, leading to a trauma of the situation that caused the accident or even depression or insomnia.
One of the most traumatic kinds of accidents that can cause those aforementioned psychological traumas is those of accidents caused by motor vehicles. By definition, a motor vehicle is a vehicle that one propels by oneself and it operates outside of any tracks or railways. Operating this kind of vehicle requires a license and a strict, mandatory testing in order to ensure that the people behind the wheel are capable individuals who are trusted on the road. This trust can often be misplaced as there are some people who are negligent of their own actions and cause vehicular accidents that can be devastating enough to be merited with personal injury lawsuits.
Car accident lawyers have gone on record to state that though the number of fatalities caused by vehicular accidents has gone down in more recent years, there are still over 30,000 Americans who perish due to these kinds of circumstances. Insurance companies cannot always be relied upon to give out the precise amount necessary in order to successfully cope and recuperate from the accident and that is why legal action, in order to claim justifiable compensation for the damages sustained, is advised for situations like this.Read More
Most people in America today have or will have to face loans of some kind. It has become also a tradition at this point in time, where people work and work and work for years on end just to pay out a loan, only to get another one. That is why so many people are in a place of such financial instability that they fear losing everything that they have worked for, including their homes and properties, then fearing for their families.
Not only do homes and livelihoods go but also so many small passion businesses close down due to poor financial management. To a lot of people who suffer from these kinds of monetary setbacks, the word “bankruptcy” has more or less become a bad word — a taboo, even, if you will; perhaps even forbidden, thanks to the social stigma that surrounds it. It is not common knowledge to associate bankruptcy with salvation – when filing for it could very well be the saving grace and the miracle that you have been asking for.
The website of bankruptcy lawyers Greenway Bankruptcy Law, LLC says that since every financial problem is different, there is no filing for the same kind of plan for everyone – this kind of uniqueness can be a bit of a problem, thanks to the fact that there is no one direct solution. There is, however, a personalized solution that can be offered – a solution that is financially suited to your capability, thereby allowing for you to pay your debts and clear your credit history, thereby freeing you from financial instability. To anyone, this could sound like the ultimate dream – freedom from debts and hounding creditors – and this can all be achieved by filing for bankruptcy.
There are several different types of bankruptcy that you could file for, depending on your situation. That is why it is recommended for you to pursue the aid of a lawyer that specializes in bankruptcy law in order to see which path is more suitable for you to take.Read More
Every rock can be withered down eventually by tidal waves and hurricanes – even the sturdiest of structures, no matter how well designed or made, are susceptible to the harshness of the elements. The most important part that ought to be considered, therefore, is the longevity of the structure in question. The roof is one of the most essential parts as it acts the shield and combatant to most conditions.
A roof, depending on the materials used upon installation, can be reliable for varying amounts of years – some longer and sturdier than others. However, you may have the absolute best materials and design for the roof but this can be all for naught if it is incorrectly installed. That is why it is imperative that when doing construction work or even simple renovation in order to ensure the safety, security, and stability of the structure in question, that an expert’s opinion and services be sought in order to avoid further penalties, injuries, or even accidents.
Proper installation of roofing does more than simply keep the sun and rain out, according to the website of Black Slate Roofing, LLC, as roofing also provides energy savings due to the not allowing heat to be so easily sapped away during colder months or for heat to be trapped within during warmer times. The kind of materials that are necessary are, too, better suited to the speculation of professionals are they are more experienced with as to what kind of roofing implementations are necessary and recommended for your home.
By acquiring the aid of professionals, you might not only just save yourself precious stress and strain, but also time. Also, since they are more qualified for the tasks and are more experienced, they are less likely to experience accidents while on the job. If you or someone you know needs to know if your roof is properly installed or if you need to have a roof that is properly installed, it is best to consult someone who can inspect the premises first hand and give a professional opinion on the matter.Read More
It is one of the most important things, in law, to uphold the rights of every individual in court. In this day and age, there is quite a lot of fascination with lawsuits of a criminal nature – thanks to the romantic interpretation of recent media – and this has led a lot of people to believe that lives can just return to normal afterward. Why, there’s even a show called “How to Get Away with Murder”. A lot of shows and films and books can glorify and romanticize the notion of a court room battle that involves a criminal charge without understanding the kind of stress, pain, and taint that it can bestow on a person’s life.
The website of the Bruno Law Offices says that these charges are of no laughing matter. Some states even still practice the death penalty, if the accused is found guilty by the jury. Due to media influence, the court room has never been quite the same ever again. Jurors are more often influenced by the glorified court room debacles without understanding the kind of profound effects it can have on a person.
That is why it is of the utmost importance to have proper, legal representation in order to have the fairest and most honorable trial for you. Some of the time, it is speculation or agenda that is given priority in court cases – and not the people behind the stand. After all, a criminal charge could follow you for the rest of your life, thereby staining your record. Professional and educational opportunities will be closed to you, if you have even a criminal accusation staining your record; not even to mention the kind of social stigma that surrounds someone who has had to go through this kind of ordeal.
Legal pursuits are a messy, complicated business – and they require the expert handling of professional hands and minds in order to make sure that the case is fair and dealt with as smoothly, cleanly, and honorably as possible.Read More
Recent development with medical technology allows for people to experience relief and satisfaction from the ailments that hinder them from being able to pursue their day to day activities. However, science is anything but infallible and there are quite a few drugs and pharmaceuticals that have been linked to certain conditions that have caused to worsen the victim’s state of life – in more ways than one.
On a more physical side of things, there has been a link with Benicar and chronic diarrhea or weight loss. The drug is meant to lower a person’s blood pressure, thereby decreasing the risk for heart failures or cardiac arrest, but its side effects are just as dangerous for any human being. According to several cases, as reported by Benicar lawyers, the victims of the harsher side effects are rendered unable to fulfill their daily tasks. Chronic diarrhea could mean that the human body does not receive the necessary daily vitamins and minerals it needs in order to stay fit and healthy, making the body malnourished and susceptible to more diseases.
Another side is the more psychological aspect of drug intake that has effects that ripple and branch out to more than just one aspect of the victim’s life. These are the circumstances that surround any Risperdal lawsuit. Risperdal is a drug meant to treat schizophrenia, a mental disorder wherein the victims suffer from depersonalization or hallucinations, or bipolar personality disorder, and autism – as it is an anti-psychosis drug. There have been complaints about the drug, however, saying that some men who have taken it have cause to believe that intake of the drug has caused gynecomastia. Gynecomastia is a condition in men who have developed an unnatural increase in estrogen, thereby changing their physical look, and this can be devastating for a young man who is already mentally and psychologically unstable.
That is why it is of the utmost importance that victims of these tragedies are given due compensation for having had to suffer through so much already and then having added stress to what was supposed to have helped them. If you or someone you know has been the victim of a defective pharmaceutical, do not hesitate in contacting specialized, professional, legal help in order to best know what to do next.Read More
It is a hard day and age, still, for women all over the world. People who say otherwise either nurse an internal misogyny or are simply too blinded by their own privileges without realizing that these are not universal truths that every woman is familiar with in her day to day life. Take, for example, the cases of sexual harassment of women in the workplace.
Though it is true that men are just as privy to this kind of obscene treatment, it has been statistically proven that women are more likely to experience this kind of harassment from their colleagues in their workplace than men. As women have been desensitized by many norms and cultural aspects of recent society that this behavior is normal or to be expected, many people are unaware of the possible legal action that a woman could call for, should there be evidence of sexual harassment.
According to the website of employment lawyers Cary Kane, there are two types of sexual harassment that are prohibited by law. One of which is the Quid Pro Quo. This is the type wherein someone’s position in the company is threatened if sexual favors are not granted towards the superior and if denied, the employee could be terminated from his or her position. Another type of sexual harassment in the workforce is that of a hostile work environment. This means that there are often lewd, sexual comments made about an individual within the workplace, disrupting the flow of work as well as disrespecting the said individual.
These kinds of incidents are not often reported due to fear or a mentality that these circumstances are allowed due to simple, ignorant acceptance of “this is how the world works”, when it should be anything but. The rights of any man and woman should be of equal value, and they are, in the eyes of the law and so behavior of this nature is simply unacceptable. If you or someone you know is being treated in this manner, it is recommended that legal action is taken in order to pursue justice against such horrid acts.Read More
Five years after the BP Oil Spill, its effects are still felt – and will be felt for many decades to come. It was on the 20th of April in the year 2010 when the event that will forever be known as the Deepwater Horizon oil spill; it is this event that has been marked in history as the largest marine disaster in recorded human history, with over 700 million liters of oil into the Gulf of Mexico, resulting into eleven casualties and the death of hundreds and thousands of animals in the sea. Why, even the effects of the Exxon Valdez oil spill are still very much felt to day… over 25 years later.
The effects of oil spills are not always felt physically as sometimes these events can indirectly affect profits and entire livelihoods of many small businesses, thereby devastating the economy just the same as the ecosystem. After the investigation, it was proven that the wellhead blowout that had caused the BP oil spill was due to the negligence of the corporation. They have been charged with manslaughter, misdemeanor, and many other accounts, and they are legally accountable to allow for hand compensation towards those who were affected by the oil spill.
However, according the Williams Kherkher website, despite pleading a public promise saying that they will aid all those they had inadvertently harmed via the oil spill that lasted well into July 2010, they have made legal claims that have made it possible for victims to receive a payment that BP themselves have approved – which is to say, the victims were unable to receive anything at all, leaving them heavily financially unstable. This is a severe injustice that people should not stand for as companies this large, that have caused this must damage, must be held accountable for their own actions, as well as their lack of it.Read More