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.
November
24
2009
It’s true that a case like this may initially look cut and dried. But there are issues to check out before the insurance adjustor can determine exactly what happened and who is responsible, as well as to what extent and for what amount. Without all the details, you cannot assume that anything is a slam-dunk.
November
24
2009
Most boating accidents require a report to either the state agency regulating boats or to the United States Coast Guard or both. If an operator is involved in a collision with another boat or an “allision” (which means striking a fixed object or a non-moving vessel), he or she should immediately contact the state agency regulating boats to ascertain what type of report is required, if any. A reporting requirement is generally triggered if the boating accident involves personal injury requiring medical treatment beyond immediate first aid or damage to any vessel or other property above a certain specified amount, frequently $500. Failure to remain on the scene, render aid, and timely report the boating accident to an appropriate law enforcement agency is a crime. Report the incident to your insurance company to be safe and always if a state or federal report was made.
November
24
2009
Boating is enjoyable and relaxing, but accidents do happen. In 2007, there were 5,191 recreational boating accidents resulting in 3,673 injuries and 685 deaths across the United States.
Fault and Damages
The person at fault for a boating accident is the person whose negligence caused the accident. Typically, this is the person who must pay for damages. An individual is negligent when he or she did not act with reasonable care under the circumstances, such as violating applicable safety laws or operating the boat in a reckless manner. If more than one person was found to be negligent, each person could be responsible for compensating those injured according to their level of fault. If the victim was also at fault, the amount of damages awarded will be decreased according to the fault of the victim or eliminated entirely, depending on state law. Those who are at fault have a responsibility, if capable, to render aid to those involved in the accident.
November
24
2009
This depends on the law in your state. In assigning blame to the driver, the court or jury will consider a number of questions: What caused the accident—the reckless driving of the boat’s operator, a malfunction of the boat or parts, defective boating equipment, carelessness on part of the injured party? Was the operator acting in compliance with applicable laws and regulations? And, was there an element of danger in the boating activity (e.g., water-skiing, etc.)?
November
24
2009
Determining fault in a car accident is generally determined by the state in which the accident occurred. State laws vary significantly, so it is important to contact an experienced lawyer to determine whether the state has a fault or no-fault based system.
Fault states. Most states have adopted a fault-based, or “tort liability,” system of auto insurance. In a fault-based system, insurance companies pay according to each party’s degree of fault. If you and your insurer don’t see eye-to-eye on your claim, you may have to file suit for uncompensated economic damages such as lost wages and medical expenses and non-economic damages such as pain and suffering.
November
24
2009
It’s very difficult to keep a cool head after an auto accident. Gathering evidence, talking to witnesses on the scene, taking photographs and taking down important information is the last thing you want to deal with following a jarring and perhaps traumatic event. However, if you want to make sure you are covered, and ultimately compensated, for all of the damage done, you will need to keep track of the facts, the paperwork, and the people involved.
November
24
2009
Fault is one of the biggest, if not THE most critical element, in any car accident claim. The person at fault is the person whose negligence caused the accident, and that is the person who typically must pay for the damage caused by his or her negligence. If the circumstances surrounding your accident make it clear that one person was clearly at fault, then read no further! One of the related articles listed below should be your next stop. If, however, liability is not entirely clear or if there is shared fault, then fault is apportioned between the persons determined by the specifics of the law in your state (see below) on comparative or contributory negligence. When liability is shared in an auto accident, it is the insurer’s turn to determine the relative percentages of fault of the parties involved.
November
22
2009
State laws vary on who may bring wrongful death lawsuits. In all states, close family members like spouses and children and parents can bring wrongful death actions. If children are minors, state law may require them to have a legal guardian, called a guardian ad litem, appointed to look out for their interests in the lawsuit. Some states allow more distant family members, such as grandparents, to bring wrongful death lawsuits. For example, a grandparent who is raising a child may be able to bring an action in the way a parent would in the same situation. Some states also allow legal dependents who suffer financial injury from the death to bring a wrongful death action for lost care or support.
November
22
2009
Every state has a limit on the amount of time a person has to file a wrongful death lawsuit in court. The length of time can vary, from one year to as long as three years. This time limit is called the statute of limitations. If you do not file your wrongful death action on time, you will be barred from filing it all together. Questions about the limitations period are often brought up by the person or persons being sued, seeking to have the case dismissed because it was not filed on time. The person suing, however, may save his or her case by looking to the specific rules governing when the statute of limitations time begins to run. Sometimes the time runs from the wrongful death itself, but sometimes it runs from the time that the cause of death was discovered (which could be later).