November
29
2009
One of the types of damages that the spouse of an accident victim can receive is called loss of consortium – essentially, loss of the marital relationship that you once had. Many attorneys routinely consider “loss of consortium” damages as damages for decreased or limited sexual activity between the injured party and the spouse. While this is part of a loss of consortium claim, the term also refers to care, companionship, and affection between the injured party and spouse, whether or not there is a decrease or change in sexual activity. Furthermore, while loss of consortium is a valid element of damages which you should consider, you should be aware that a loss of consortium claim may make you and your spouse’s sexual activity “fair game” if the matter is litigated. You should discuss the pro’s and con’s of this element of damages with your spouse and your attorney if you decide to pursue a lawsuit.
November
29
2009
The mall may be partially liable for your injuries depending on the circumstances of your accident – in other words, what led up to the driver hitting you – and whether the design of the ramp contributed to the accident. Conditions that could lead to liability include poor sightlines, poor lighting, unpredictable traffic patterns, and poor maintenance. If any of these conditions are present, the mall may be found to be at least partially at fault for not creating a reasonably safe environment for you to get to your vehicle.
November
29
2009
As you have no doubt realized, it is never a good idea to cross against the light. However, in your case, the court may find that the driver had the “last clear chance” to avoid the accident and therefore impose liability on the driver. You can expect, however, that your damages award may be decreased somewhat because you violated the law.
The amount your reward will be reduced is up to the jury or insurance adjuster. Some issues they may take into account include whether you reasonably could have believed that you had time to cross before a car came, and what other circumstances, such as impaired sight lines, contributed to the accident.
November
29
2009
You should. All states have some form of “statute of limitations”, which strictly limits the time you have to file a lawsuit. A valid claim filed after the statute is usually denied. As a result, if you think that you may have been injured from a defective product, you should seek the advice of an attorney at the earliest opportunity, to protect your rights.
The time frame in which the statute of limitations runs usually begins from the time of the injury as a result of the defect. You’d want to go see a personal injury lawyer sooner rather than later to find out exactly what the time frame is in your state.
November
29
2009
This is an extremely difficult case to prove and will definitely require the services of an experienced personal injury attorney.
In order to hold a motorist liable for damages suffered by you in an accident when the motorist did not hit you, you will have to prove that the motorist caused the accident even if he wasn’t involved in the accident. For example, if you were riding on the shoulder of the road and the motorist suddenly swerved onto the shoulder and was coming directly at you, you may have taken evasive action, such as crashing into the ditch, to avoid being hit. In that case, you may be able to sue the motorist for causing your injuries even though he did not hit you.
November
29
2009
Most likely. The factors to look at to determine any liability of the city is what caused the hazardous condition, how long the condition existed before your accident, whether the city had taken steps to warn of the condition, and whether anything else contributed to the accident. Even if the damage was very new or your city had posted signs warning of the damage, the city may still be partially liable for your injuries depending on all the circumstances of your accident.
November
29
2009
You should promptly notify your insurance carrier. Most insurance policies have a requirement that your notify the insurance company of any potential claim within a very short period of time after the incident occurs.
If you feel that the person who fell was careless or inattentive, you may want to take the names of any witnesses who saw the incident occur. You’ll also want to document conditions, with your own photographs, as soon after the incident as possible – especially if you are free from blame.
November
29
2009
Most work related injuries are handled through your state’s workers’ compensation system, and if you receive workers’ compensation benefits, you are usually precluded from suing your employer. However, if a third party – such as a bottled water company making a delivery – was responsible for the condition that caused you to slip, you may have a claim against that company. You should speak with a slip and fall attorney to discuss your rights, given the facts of your situation.
November
24
2009
In a drunk driving case, you can be addressing both a criminal and a civil matter. The drunk driver may face manslaughter charges and jail time, which gives momentum to a civil case. If he had insurance coverage, you can file a civil action for wrongful death and for your own emotional damages and losses, as well as funeral costs and everything else associated with the loss. Your attorney will be looking to settle your case at a higher value, possibly with punitive damages, because of the DUI (driving while under the influence) element – which is the crime of operating a motor vehicle while under the influence of alcohol or drugs, including prescription drugs. Complete intoxication is not required; the level of alcohol or drugs in the driver’s body must simply be enough to prevent him from thinking clearly or driving safely. State laws specify the levels of blood alcohol content at which a person is presumed to be under the influence.
November
24
2009
Whether the injury is from asbestos, mold, lead or other toxins or dangerous substances on a construction site, an injured worker deserves a good recovery. Case law and precedents are currently being established in this area.
Asbestos is known to lead to lung disease, especially mesothelioma, caused by an irritation to the lining of the lungs. Mold can cause deathly illness, too, especially the kind of black mold that often grows in a building that has been flooded or retains moisture. And lead found in paint, though now illegal, is still found in older buildings. In fact, being old and chipped makes it more dangerous for babies who tend to put everything in their mouths. As is often the case with other toxins, lead wreaks the worst havoc on the lives of young children, whose nervous systems are still developing, causing developmental disorders. But to an adult exposed over a period of time, it can be lethal as well.