Why Wrongful Death is More Damaging Than You Think

Losing a loved one is a tragic experience in itself, but it even becomes more so if it has happened because of an accident caused by someone else’s negligence or recklessness. This is a legal concept called wrongful death. According to the website of Mazin & Associates, PC, the family members of wrongful death victims may receive compensation from the damages they have sustained.

But what are these damages anyway? The most obvious one is the lost companionship. The victim may be a husband, wife, father, mother, son, or daughter. The victim’s loss may result into negative emotional and psychological problems to everybody he is leaving behind.

But wrongful death is much more damaging than that. It can be a serious financial burden to the family members, and this financial problem can come in many forms, such as the following:

  • Medical Expenses – Many wrongful death victims don’t die immediately. They survive the initial accident, get confined in a hospital for days, weeks, and even months and years, and end up succumbing to their medical conditions anyway. This can translate to significant medical expenses.
  • Funeral Expenses – One of the most obvious financial burdens associated with wrongful death is the funeral cost. Funerals don’t always come cheap, especially if the person doesn’t have a financial plan regarding his or her death.
  • Lost Salaries – When a person has passed away, of course he cannot earn money anymore. This is particularly problematic if the wrongful death victim is the head of a family and the primary financial provider. On worst cases, lost salaries alter the economic standing and lifestyle of the victim’s family.
  • Lost Benefits – There is also the possibility of losing financial plans, including healthcare, social security, and pensions. Like lost salaries, this can be particularly problematic if the wrongful death victims have been relied on by his or her family when it comes to financial security.

In short, wrongful death is a very tragic case. It affects not just the emotional and psychological health of the victim’s family members, but also their economic standing, lifestyle, and sometimes, even their future.

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Damages from Biomet Comprehensive Reverse Shoulder

The Biomet Comprehensive Reverse Shoulder is a surgically implanted device in the shoulder area to help restore arm movement. This is especially effective for those who have suffered from rotator cuff tears and have developed arthritis and those who have had unsuccessful shoulder replacement surgeries.

But the device is not perfect. In fact, it even poses a danger to the patients who have acquired it. According to the Food and Drug Administration, a Class I Recall has been issued for the device, because of its high tendency to cause injury or death. Class I Recall is the highest form of recall.

One of the most obvious damage that can be sustained from the Biomet Comprehensive Reverse Shoulder is injury. The device has been known to fracture at a higher rate than what has been labelled, putting patients vulnerable to partial or total loss of shoulder function, infection, and even death.

Medical Costs
The financial aspect of this device, such as in buying the product and paying for the necessary hospital bills, is another damaging factor in this whole recalling scenario. The health consequences of these defective devices, the costs of further surgeries, and the increased medical bills because of prolonged hospital confinement, may pose serious financial burdens toward the patients and their families.

Pain and Suffering
Not only does this medical device inflict physical pain on you, it also gives you other forms of suffering, such as the unnecessary hospital stays due to the complications and surgeries associated with the recall of the device and their possible emotional and psychological effects, like depression and post-traumatic stress disorder.

Lost Wages
Those who are still capable of working may miss time at work because of injuries, complications, surgeries, and hospital confinements. These health issues may even result into a permanent loss of your earning capacity, affecting your financial standing at the present and at the future.

According to the website of the Zimmer shoulder replacement lawyers of Williams Kherkher, these damages, along with other damages that you have sustained, may be eligible for compensation. Designers and manufacturers should be held accountable for the damages they have sustained to their customers.

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Even the Most Careful Drivers can be Guilty of Distracted Driving

Some car accidents may be blamed on acts of nature, such as a violent weather or an unexpected medical condition (these acts of nature are said to occur naturally devoid of human activity); however, according to the National Highway Traffic Safety Administration (NHTSA), research shows that more than 90% of all motor vehicle accidents are due to human error – a consequence of negligence or recklessness.

Negligence, which can easily be dispelled, but which continue to lead to inattentiveness and/or recklessness, remain to be the number one reason why millions of drivers, motorcycle and bicycle riders, and pedestrians are still severely injured or killed on US roads. For at least a decade now, motor vehicle accidents have ramained at more than five million annually; more than two million of these accidents cause injuries, while more than 32,000 cause death.

Driving errors, which are actually manifestations of irresponsible acts and bad road behavior, include speeding, drunk-driving, driver error, reckless driving and distracted driving. Distracted driving, particularly, is characterized by the turning of a driver’s attention from the road to another activity, which takes away a driver’s eyes off the road and his/her hand/s off the wheel. There can be an endless list of the activities that can distract a driver, however, to name some of those that are most commonly committed by drivers, there are: texting; eating and/or drinking; conversing with a passenger; grooming; reading a map for directions; using/adjusting a navigation system; watching a video; adjusting a radio, CD player, or any portable electronic device, adjusting a tie, lighting a cigarette, and texting or using a phone, which happens to be the leading cause of driving distraction, especially among young drivers.

There may only be a minor number of drivers who have driven through a red light, have never slowed down or stopped where there are signs stating these, have made dangerous, improper overtakes, have never used signal lights, or who have tailgated another vehicle. But definitely, almost all drivers, whatever type of vehicle they handle, have been distracted while on the road.

Driving distractions are so normal that a driver, most often than not, will never even realize that he/she is already being distracted. As a car accident attorney from the law firm Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., says, drivers who get behind the wheel should always be responsible for staying alert and paying full attention to their surroundings. A lapse in attention for just a few seconds is all it takes to lose control of a vehicle and subsequently cause an accident.

Distracted driving is a common occurrence in all U.S. states and victims of accidents caused by this negligent behavior often find themselves strapped with steep expenses, life-changing injuries, and emotional trauma. Negligent drivers should not only face punishment for their irresponsible and careless acts, but should also be held totally liable for whatever pain and suffering, and losses their victims go through. A strong defense provided by a highly-competent car accident attorney may help the victim acquire the compensation that he/she may be legally entitled to.

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The Liability of Property Owners in Elevator-related Accidents

Accidents occurring on escalators are far more frequent than elevator-related accidents. In the 1990s, the yearly average of escalator-related accidents was 4,900. Since then, the number has increased to about 10% every year so that in 2013, the number has climbed to 12,260. Children, 14 and under, and senior citizens, at least 65 years old, are the most common victims in these accidents.

The Consumer Product Safety Commission (CPSC) says that falls is first in the list of escalator-related injuries and deaths (the CPSC is the branch of the U.S. Federal government that is charged with protecting American consumers and families from products that pose fire, chemical, electrical, or mechanical hazards). From 1985 to 1999, 21 out of the 27 escalator-related deaths were due to falls.

Falls are classified either as “falls on” or “falls from” escalators. “Falls from,” or “falls over-the-side,” refers to a person falling outside of an escalator into adjacent open spaces; “falls on” or “falls down,” on the other hand, refers to a person who remains inside the elevator wellway as he or she falls.

Despite the many incidences of injuries and deaths due accidents in escalators, escalator hazards which the escalator industry has known for decades and which they can easily correct through safer designs, have often been obscured even in litigations. This is due to the overwhelming success of the escalator industry in convincing both the media and accident investigators that accidents, especially falls, are due to intoxication, horseplay, and gross misuse of riders.

It is important for the public to know that premises owners and manufacturers of elevators and escalators have contracts which require the latter to provide ongoing support and maintenance services, including annual inspection after initial installation. It is also important to note that, rather than horseplay, intoxication or grave misuse, the dangerous conditions which often lead to escalator accidents are maintenance related or failure by the manufacturer to retrofit readily available safety devices – a failure premises owners choose to overlook. These are actually nothing short of acts of negligence, the basis of many premises liability litigations and claims.

As emphasized explained by the law firm Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., elevators should be maintained correctly or they can cause people to trip and fall or even be trapped. Injuries that may arise as a result of property owners’ neglect to keep elevators in good working condition will render them totally accountable.

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Two Types of Motorcycle Accidents

Motorcycle riders who never received formal riding education are the ones who often get involved in accidents. One very wrong thought of many of those who want to ride a motorbike is that learning from friends or kin is as good as enrolling and learning in a riding school. Riding a motorcycle , however, is not just learning how to balance or zigzag your way through traffic; learning how to ride safely is always the top priority.

In 2012, the U.S. National Highway Traffic Safety Administration (NHTSA) received reports of 4,957 fatal motorcycle accidents and 93,000 non-fatal ones; the total number of motorcycle accidents that year was 112,000.

Every year, the number of motorcycles on the road keeps increasing, giving rise too to the number of motorcycle accidents. These accidents can either be single vehicle motorcycle accidents or multiple motorcycle accidents.

Single vehicle motorcycle accidents are the more common type of motorcycle crashes. Their causes include riding with a high blood alcohol level, riding too fast even during poor weather conditions, and failure to brake and maneuver properly, especially when rounding a corner. Thus, motorcyclists losing their balance and crashing into road fixtures or being thrown off from their bikes are not uncommon sights.

Multiple motorcycle accidents, on the other hand, result to more serious injuries and fatalities. This type of accident involves another vehicle, such as a car, besides the motorcycle. Of this type of accident, the worst is head-on collision, which often occurs in undivided rural highways and wherein one vehicle (either the motorbike or the other vehicle) is traveling on the wrong side of the road.

Most multiple-vehicle crashes are due to drivers either failing to notice approaching motorcycles or drivers denying motorcycles the right of way – situations that put drivers at fault during accidents. Despite actual accident cases that verify these situations, most drivers rather put the blame on motorcycle riders, saying that riders often careen in and out of traffic, putting their own and other motorists’ lives at risk.

According to an article in the Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A. website, motorcyclists commonly go unseen by drivers that do not know how, or forget, to check for motorcycles on the road. Due to this, accidents often result to life-threatening injuries due to the lack of protection of motorcycle riders and the impact created by the other (larger) vehicle involved in the accident. Drivers who put motorcycle riders in life-threatening situations should face the consequences of their action. While they may be sure to face criminal liability, civil liability is another thing they will have to answer.

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