When a loved one passes it is always difficult, but when their death is due to the neglect of someone else, that pain is multiplied. In addition to your grief and suffering, you now have anger and confusion, and you want someone to take responsibility for their negligence.a
That is where wrongful death lawsuits come into play. An attorney who specializes in these types of cases can help you get the closure that you need by ensuring the guilty party is held accountable. But what does filing a wrongful death lawsuit involve, and who is allowed to sue?
The Basics of a Wrongful Death Lawsuit and Who Can File One
A wrongful death lawsuit is filed on behalf of the decedent, or the person who passed away as the result of someone else’s negligence or action. This can be an individual person or a company. While every state is different, there are some components of a wrongful death lawsuit that remain the same no matter where you are.
In every state, immediate family members are allowed to file a lawsuit alleging negligence against someone for a loved one’s death. In most cases, if the deceased was married at the time of death, the spouse is the one who brings the lawsuit to court. However, if it the victim was a minor child then the parent(s) would typically file the claim.
There are exceptions, however. In some states, surviving adult children can bring a lawsuit to court. Some states also allow civil unions and domestic partnerships legal control of the case on behalf of their deceased partner. Other times, distant family members can sue for accountability of a single adult’s death if there were no close family members such as children.
In general, only one lawsuit is allowed per decedent, so if you and another family member are each attempting to file a claim, those claims will likely be combined into one case.
What Does a Wrongful Death Lawsuit Entail?
As with the laws on who can file one, each state also has its own regulations on what the requirements are that constitute a wrongful death. A knowledgeable attorney, like those at Stinson Law Group and other wrongful death experts, can help you determine if your situation qualifies and is strong enough to pursue a claim against the negligent party.
All states have the same basic foundation necessary, though: a person has died as a result of someone else’s negligence or harmful intent, and those closest to the deceased have endured a monetary loss due to the death.
Has Your Loved One Been the Victim of a Wrongful Death?
Going through this tragic time is stressful and painful. You need to be able to focus on your grief and getting through your loss. You should not have to be worrying about wading through the piles of paperwork involved in a wrongful death lawsuit to be able to get the financial assistance you are entitled to.
Instead, find an expert attorney who can help you and who will guide you through this difficult period. Make those who caused the harm be held accountable so you can find closure and move on with your life.
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Most people like to stay as far away from the legal system as possible, especially where criminal acts are concerned. The reality though is that some people do find themselves in trouble with the law, and in those cases, ensuring a quick release from jail is imperative. So, if someone close to you is in trouble with the law, you want to know that there’s a way to get them released from jail in a hurry, so the situation can be dealt with with a minimum amount of stress. All of this is why it’s wise to know how to get a surety bond hennepin county if someone you know is having trouble with the law. Getting a Surety Bond When a person is arrested for any reason, a dollar amount is often set in the form of bail. This amount will have to be paid in order to obtain a quick release for the arrested person, but the dollar amount is usually set at a level that’s beyond the reach of the person in custody. All of this is why bail bond companies are in place to allow the quick release of the arrested person. A surety bond pays the bail amount for the person in custody, when a friend or relative puts down ten percent of the bail. Once the ten percent has been obtained the surety company can pay the bail and get the person out of jail and back on a stable path. Getting a surety bond often involves showing some collateral or some kind of financial backing for the bond, beyond the ten percent. All of this is workable, however, and the good news is that once a bond has been acquired, everyone involved can rest a lot easier. No, dealing with the legal system isn’t easy, but having the peace of mind that comes with a quick release out of jail is priceless. So, if you have someone close to you who is in trouble, look into acquiring a surety bond for their release right away.…READ MORE
If you have been injured in an accident and want to file a personal injury claim to recover medical costs and receive compensation, you will need to begin building your case. Your actions immediately following an accident, and in the process of gathering evidence, can either strengthen or weaken your case. Make sure you are only taking steps to improve your legal standing by avoiding these 5 common mistakes people make when filing a personal injury claim.
Failing to Seek Medical Attention
Any good attorney from a personal injury firm will tell you that you need to seek medical attention at the first sign of injury. This will likely be at the earliest opportunity following your accident.
Do not try to put a brave face on and wait it out. If you don’t see a doctor immediately or refuse medical assistance at the scene of a crime, the defendant’s lawyers could point to this at a later date as evidence that your pain is exaggerated or fabricated. The longer you leave it before you see a doctor, the harder it becomes to convincingly demonstrate that your injuries were the direct result of your accident.
Assuming you Can Handle Your Own Case
Personal injury accident laws are a constantly evolving web of complex rules. Even for personal injury attorneys, staying abreast of the latest laws is a full-time exercise. Even someone familiar with the law could be derailed by new interpretations of old statutes.
When you are going up against insurance companies, who are all well-versed in the law and its application and interpretation, it is best to get professional legal help. Choose a personal injury firm that specialises in personal injury claims to give yourself the best chance of success.
Accepting the Initial Offer
The first settlement offer the insurance company makes is often significantly less than the case is worth. It is the company’s way of trying to buy you off at the lowest possible price. Have your attorney look over any offer before you accept.
Assuming the Insurance Company Will Believe Your Version of Events Without Evidence
Documentation is key to build a strong personal injury case. Keep all medical records that outline your injury in full, police records, records of conversations with representatives with the insurance company, and pill bottles, casts and bandages you were given to treat your injuries.
It is also good practice to take photos of everything surrounding the accident. If you can show pictures of a totalled car, a broken step, a laceration, wound, or scar, it will help your case. Document everything with photos or a written diary that can be produced in court if necessary.
Undervaluing or Overvaluing the Claim
Everyone seems to have an idea of what their injuries are worth, but few estimates are ever accurate. However, without an experienced lawyer, undervaluing or overvaluing a claim can have a vast impact on your case.
If you undervalue the claim, you may end up accepting an offer far less than the insurance company should pay out. If you drastically overvalue the claim, you expose your ignorance of the matter to the insurance companies and will signal to them that they may be able to offer you less than the claim’s worth because of your inexperience and lack of understanding of the case.
This reiterates the importance of contacting an experienced and skilful lawyer to represent you in your personal injury claim. Your lawyer will be able to raise or lower your expectations accordingly and put you in line with the actual value of your claim.…READ MORE
Medical malpractice is no laughing matter. Every single year, more than 440,000 deaths occur as a direct result of it, and this is in the US alone; worldwide, the numbers are even higher. In slightly less tragic cases, the result of a preventable medical error could spell dire news as well, leading to further medical complications. To shed some light on the problem, let’s look at what the healthcare industry is trying to hide from the public eye and list the areas that are the most subjected to medical malpractice:
If your doctor has failed to diagnose your medical condition, you’re losing valuable time, since you’re not being treated for what’s really going on. Just imagine what would happen if your underlying cancer condition wasn’t detected in its infancy and the doctors decided to treat you for something you didn’t even have. The cancer would spread throughout your body and you could die as a result, even if the whole thing could have been prevented.
Therefore, it’s always a good idea to get a second opinion if you suspect that you’re not getting the standard of medical services that you deserve. Unfortunately, not too many people know their rights, which is why cases such are these are so commonly seen in practice.
Unfortunately, the age we live in sees the pill as the magical solution for every problem, so it’s no wonder why these get prescribed so often. But did you know that annually, 1.5 million US residents are dealing with medical problems that came to be as a result of wrongly prescribed medication or because of taking the wrong dosage of it due to a doctor’s mistake?
In cases where this could have been prevented and the doctor should have realized the mistake prior to prescribing it, this counts as medical malpractice. If anything similar has happened to you, you are encouraged to seek out the legal support for your malpractice case as soon as possible to rectify the damage done at least to some degree.
As you can probably imagine, surgical errors can have some of the most dire consequences on a patient’s body, with cosmetic defects being the least cruel of all possible things that can happen. Surgical errors are not out of the question even when the procedure is considered to be routine. For example, operating on the wrong limb happens more commonly than you would think.
There have been known cases where the operating materials were left inside of the patient’s body or when easily-preventable anesthesia errors have led to further medical complications. As a result of it, many patients have suffered terrible injuries. So if something similar has ever happened to you (or to one of the people you know), refuse to be the victim and seek the legal aid you need immediately.
Medical malpractice seem to be constantly present in the areas we’ve discussed. If you’re lucky enough to come out of it with only a couple of scratches or cosmetic problems, consider yourself to be one of the lucky ones who survived. This gives you a unique opportunity to go after the ones who’ve hurt you through legal means. Although your body will probably never be as new again, a financial compensation for your injuries is well in order to alleviate at least some of your pain and suffering.…READ MORE
Australia’s National Disability Insurance Scheme offers services residents with disabilities, including sensory, intellectual and psycho-social. Because of the limited nature of the NDIS, Australia’s disabled also required other services. But what does the NDIS provide?
NDIS History in Brief
In 1974 Gough Whitlam initiated a disabilities scheme similar to the insurance scheme offered by New Zealand. However, it was suggested Whitlam consider Medicare as an option. By 2005, the Lifetime Care and Support Scheme was created to provide long-term care for people injured by a motor vehicle.
Brian Howe, a former Labour cabinet minister, met with the Disability Investment Group. The Investment Group, in 2008, submitted its ideas to the Australia 2020 Summit, which sent its concerns or recommendations to the Productivity Commission.
It was determined Australia’s disabled were not a social concern, but rather an economic issue.
The Financial Review believed Australia’s NDIS was “becoming an economic factor in its own right.” It seemed as though half of the people participating in the NDIS did not see a change in services or found their support was reduced.
The NDIS is giving hope to people with disabilities with a focus on the living the best life possible after an injury or illness.
Funding and Services for Australia’s Disabled
As of 2018, Australia’s NDIS reported a budget expressly for legal services of $10 million. Surprisingly, this was allegedly a ploy to stop people from requesting more money or to prevent individuals from even accessing the program.
Midway through the year, reports reveal 260 cases were solved by the courts, however, the NDIA lost 40% of the cases.
Nonetheless, as of March 31, 2018, approximately 7,000 individuals had accessed the NDIS. Of that number, just over half had been first-time users.
These participants report positive messages about Australia’s NDIS. Parents reveal their children are receiving the help they need. With that said, there are also people like Philip Dodd, who agree “NDIS is an insurance-based scheme. It is not welfare.”
Eligibility and Access
The NDIS supports Australia’s disabled by educating and keeping them connected to their family and communities.
They are concerned about your well-being and independence. In other words, they provide disabled individuals with the support they need so these people succeed in all aspects of their lives.
To Apply, You Must Be Eligible for Australia’s NDIS
If you’re wanting to apply for the NDIS, you must meet certain requirements. You should –
- Be a citizen of Australia, permanent occupier or hold a Visa
- Be younger than 65 when applying or meet phasing/age requirements during the roll-out period
- Live in an area where Australia’s NDIS began
- Have a permanent disability or one which drastically reduces functionality
The NDIS is an outstanding resource for those in genuine need of ongoing support, care and access to mainstream services.
The scheme supports the dreams and aspirations of thousands across Australia. It encourages people to continue living out their ambition by connecting disabled individuals with the proper resources and support.
Most citizens respect and trust the police force to protect them should they become victims of robberies, muggings or other crimes. Officers are brave are brave and heroic.
However, there’s also a pressing issue that is not often discussed in polite society. A question was raised by the Royal Commission into Institutional Responses to Child Sexual Abuse final report.
Is there also abuse in the police force? Well, the Royal Commission highlighted allegations of sexual abuse in the Australian Defence Force (ADF). And here, we look at several claims of abuse among police in Australia.
Victoria Police Sexual Misconduct
In December 2015, the Victorian Equal Opportunity and Human Rights Commission released a report revealing misconduct among Victoria police. The commission investigated 184 complaints filed against officers for sexual misconduct, including several rape cases.
Assistant Police Commissioner Luke Cornelius announced that the workforce will try and reduce gender discrimination by striving for a 50-percent female recruit rate, and medical or fitness requirements will be reviewed for their discrimination against women.
Some of the sexual harassment victims whose careers were greatly disturbed in the workforce also allegedly will receive back pay and refunded leave allocations, but almost two years after the Redress and Restorative Scheme was promised, it has yet to be launched.
Turning A Blind Eye To Homophobic Bullying
An assistant commissioner at the time of the event, New South Wales Police Commissioner Mick Fuller dismissed the needs to investigate officers’ claims of homophobia after four were targeting for drug testing because of their sexuality.
The complaining officers were accused of having “loose morals and promiscuity,” because they attended a particular gay venue, which the parties denied and said were false accusations.
Superintendent Simon Hardman ordered the drug test, and he later stated the officers’ promiscuous behaviours at a gay venue warranted the test, an argument thought to have malicious intent.
While documentation confirmed the complaint originated within the NSW Police, the police force fought hard to keep the superintendent’s identity a secret.
Cost of Filing A Complaint
Even women on the police working in the NSW Police are not safe from sexual harassment and innuendos in the workplace. It doesn’t matter that she’s wearing a badge, sexual harassment still follows her.
NSW superintendents reportedly referred to sexual assault victims as “sluts” as when ordering police to take victims’ statements. In the workplace culture, female employees reporting sexual harassment saw their reports poorly handled, with the unstated goal of covering for the responsible officers.
George Torres, a 20-year veteran of the NSW police force, was dismissed after he referred to sexual harassment at work as “workplace banter.” He was convinced that he did nothing wrong, and escalated his case to the Industrial Relations Commission.
The committee took Torres’ side and ran his legal case for him. The workplace culture was clearly reflected by the case, and plenty of similar that have been reported since.…READ MORE
Most of us realize that lawyers don’t usually spend their days in court offering exciting arguments and eloquent rebuttals like what we see on TV. In fact, depending on the lawyer, they may spend very little time actually in court fighting on behalf of their client. Most of their days are filled with research, paperwork, communication, and/or travel. However, only some of that work is billable, which is why many lawyers put in more than the standard 40 hours per week to see profit. What is taking up so much time and how can lawyers capitalize on their available, but limited, time?
How Lawyers Spend Their Time
According to one study, up to 21% of an attorney’s time is spend on managing the firm or administrative tasks. Another 6% is spent on marketing. For larger firms, these numbers can soar even higher. Even trial lawyers may spend less than 50% of their time actually in court. On average, nearly half of a lawyer’s time is spent on procuring and processing documentation, as well as communicating with clients and staff. All very important tasks but all that could be performed more efficiently with the right tools. Smart firms are finding ways to maximize their efficiency in these areas to increase their overall profitability, and maybe see their families every once and awhile.
Analytical Software Changing the Game
There is now management software on the market to help lawyers track their time and view ROIs, like that of https://www.smokeball.com/features/automatic-time-tracking/. With these types of programs, time sheets are automatically generated for everyone working in the office and will track how much time is devoted to certain tasks. When the analysis shows that a huge chunk of time is used on documentation or other administrative tasks, the practice owners may find it beneficial to invest in other automated programs to consolidate workflows and save on time and money.
Not only can firms see which clients are taking up the most time, but they can also automatically generate billing based on the billing structure of the firm. These types of programs are helping firms cut down on time spent on administrative tasks and filling out documents, so lawyers can get back to practicing the law they wanted to.
Technology Increasing Law Professional Productivity
Management software is no doubt helping law practices stay on track in terms of ROIs and communicative avenues, but cloud technology is also increasing productivity on-the-go. Having access to documentation even disconnected from the internet has helped tremendously in achieving productivity in one of the biggest time-suckers that a law professional will face day to day. Not only can firms find ways to maximize their efficiency in the areas that take up the most time, but they can also use it to better reach new clients, effectively communicate within the team, and keep their cases organized. As technology advances, it’s clear that the firms staying on top of the newer developments will find more efficient uses of their time, and thus see higher profit margins, than those that don’t.