Articles Posted in Wrongful Death

Fence-around-swimming-pool-scaledWestern New Yorkers finally get a chance to enjoy some nice weather during the summer months. Many locales flock to swimming pools to cool off as the weather heats up. Pools provide an excellent way for parents to keep their kids entertained while swimming or relaxing in the sun. Unfortunately, a lovely pool day can become a tragic nightmare when pool owners fail to provide basic safety precautions or children are left unsupervised. According to the Centers for Disease Control and Prevention (CDC), around ten victims lose their lives daily in unintentional drownings. When a loved one suffers injury or drowns in a pool, the property owner can be held responsible for the damages.

Factors That Increase The Risk Of Drowning 

Drowning is the 2nd leading cause of all unintentional injury fatalities, behind only car accidents. Children ages 1-14 suffer approximately 20 percent of drowning deaths. The following elements significantly heighten the risk of drowning:

Wrong-Way-Car-Accident-Blog-scaledWe have all heard stories about collisions involving motorists driving towards oncoming traffic in the wrong lane. Wrong-way car accidents occur when a car driving in an inappropriate direction strikes another vehicle. Typically, wrong-way car accidents result in head-on collisions. These car crashes occur more often than most people would think and usually bring about devastating injuries and deaths. In a recent 8-year period, nearly 3,900 fatal injuries were caused by wrong-way crashes. 

Common Causes Of Wrong-Way Collisions

Drivers who are unfamiliar with a particular area are generally more likely to drive on the wrong side of the road mistakenly. This type of accident also has a higher probability of occurring over the weekend and at night. Some other frequent causes of wrong-way accidents include:

Camp-Lejeune-FAQ-1-scaledBetween 1953 and 1987, over one million Marines, military contractors, and their families living or working at Camp Lejeune and Marine Corps Air Station (MCAS) New River may have been exposed to toxic chemicals through water contamination. Military officials were aware of the tainted water as early as the 1950s. Still, they chose to ignore it and even failed to warn those on base. Although multidistrict litigation (MDL) was formed to streamline Camp Lejeune water claims, in 2016, a judge dismissed roughly 850 lawsuits under the Federal Torts Claims Act. Later in 2019, the Secretary of the Navy denied all remaining civil claims, which left approximately 4,500 plaintiffs with claims exceeding $963 billion in damages without compensation. 

Fortunately, the United States government has decided to acknowledge the rampant water contamination that plagued Marines for over three decades. Once President Biden signs the Camp Lejeune Justice Act of 2022, veterans will finally have a chance to seek justice for the harm that they have suffered from the water contamination. This is excellent news for everyone affected by the tainted water, especially the victims previously denied justice. It is believed that this could be one of the most significant water contamination mass tort cases in history. 

What Caused The Water Contamination?

Punitive-Damages-300x225In a personal injury or wrongful death lawsuit, the plaintiff may be eligible to obtain damages for their losses resulting from a defendant’s negligence. These damages are typically compensatory, meaning that they are designed to compensate victims for their actual injuries. Compensatory damages can be economic and non-economic, such as medical expenses, physical therapy costs, lost wages, property damage, pain and suffering, loss of enjoyment, and loss of consortium.  

Punitive damages also referred to as exemplary damages, are another type of damages that can be awarded in addition to compensatory damages. As the name suggests, punitive damages are meant to punish defendants. Exemplary damages are awarded at the court’s discretion when the defendant’s conduct was found to be outrageous. In other words, punitive damages are reserved for instances where the defendant acted so recklessly that they showed extreme disregard for the consequences of their actions. These damages were not explicitly designed to compensate the plaintiffs and are not awarded in every case. 

Negligence Alone Is Insufficient 

Young-woman-confused-by-insurance-form-300x200Being the victim of an accident can be an extremely traumatic event, especially if you have suffered injuries, property damage, or other significant losses. Even seemingly minor accidents can have disastrous repercussions, such as life-long disabilities, permanent disfigurements, complete paralysis, and traumatic brain injuries. Since most accidents are unpredictable and transpire with little to no warning, victims are usually uncertain about their next steps. The last thing any accident victim wants to worry about is filing the proper forms. With a highly experienced personal injury attorney, the legal process after an accident does not have to be overwhelming. 

The Insurance Claim Process 

Whether you have suffered injuries resulting from a dog bite, slip and fall, or supermarket accident, filing an insurance claim is your first step towards obtaining compensation. Although insurance claims may appear complicated, filing a claim may not be as difficult as you think. It should be completed as soon as reasonably possible. It is essential to realize that New York is a no-fault state. This means that irrespective of who was at fault in a car crash, you can file a claim with your own insurance company to recover damages. 

Prove-Negligence-Blog-300x227Suppose you have been seriously injured in an accident because of another’s wrongdoing. You may be eligible to pursue monetary compensation through a personal injury lawsuit. However, to hold the other party financially liable for your damages, you must first prove that they were negligent. Understanding the legal elements of negligence can help you win your Buffalo, New York injury claim. 

The Reasonable Person Standard 

A reasonable person is somebody who approaches all situations with a sufficient amount of caution before prudently taking action. This was established to provide courts with an objective criterion that can be applied when determining whether a defendant’s actions constitute negligence. In other words, a jury must decide what a reasonable person would have done under conditions similar to the defendants. After comparing the defendant’s conduct to that of a reasonable person, they may find that the defendant was negligent if their conduct failed to meet the reasonable person’s standard. 

Couple-Doing-Yardwork-200x300Loss of consortium is a term used in personal injury law that refers to the deprivation of the benefits of a family relationship because of injuries suffered in an accident. Under New York law, injured victims may be eligible to obtain monetary compensation for the loss of consortium and companionship. These claims are intended to remedy marital damages that the victim and their spouse have suffered. Loss of consortium claims are generally made when the injuries suffered are long-lasting, devastating, or debilitating. 

Who Can Bring A Loss Of Consortium Claim?

In New York State, spouses of injured victims can claim the loss of consortium or companionship. Unfortunately, this does not include life partners or significant others. If a spouse contributed financially to their household and family expenses, the claim might consist of loss of financial support. This amount is determined by the sum of money the spouse would have contributed to the family had they not been injured. 

Face-Wound-Dressing-300x200Unfortunately, even after an accident victim’s initial pain subsides, they could be left with permanent scarring and other disfigurements. Most scarring is caused by damage to the skin, such as scratches, abrasions, and puncture wounds. Depending upon the severity and location of the scar, it can significantly impact a victim’s ability to work and even perform routine tasks. Besides being a constant reminder of the traumatic injury, even the slightest alterations in a victim’s appearance can bring about overwhelming depression and emotional pain. Victims with scars in prominent places, such as the head, face, neck, or hands often struggle with terrible self-esteem and anxiety.  

Leading Causes Of Scarring And Disfigurement

The impact of scarring and disfiguring injuries can last the victim’s entire lifetime. Scarring is a normal part of the healing process. Just about any wound, burn, or other trauma, such as surgery, can result in scar tissue. After an accident, the most common types of scarring and disfigurement injuries include:

Speeding-300x200Most of us know the frustration of maintaining a busy schedule and rushing to avoid being late for several commitments. However, it is crucial to keep in mind that speed limits are set in place to protect everyone on the road. Driving too fast not only endangers the life of you and your loved ones, but all others in the vicinity, including occupants of other vehicles, cyclists, and pedestrians. According to the National Highway Traffic Safety Administration (NHTSA), speeding has played a significant factor in roughly 33 percent of all fatal crashes for the past two decades. In 2019 alone, speeding took the lives of 9,478 victims. In some cases, your safety can be impacted by adhering to the speed limit. This occurs when the posted speed limit is too fast for the given road or conditions, such as during inclement weather, driving after dark, or driving on dilapidated roads. 

Why Do Drivers Speed?

Almost every driver is guilty of speeding at one time or another. Several factors that have frequently contributed to the overall increase in speeding include: 

Leg-Cast-with-Crutches-300x200Approximately 40 million accident victims require medical treatment for an assortment of personal injuries each year. With numerous types of accident-related damages, some have the potential to drastically alter victims’ lives forever. Most personal injuries result from accidents involving another’s negligence. Unfortunately, negligence can cause innocent victims to suffer severe injuries, which lead to costly hospital bills, rehabilitation, pain and suffering, and lost wages from missing work.  

The Five Most Prevalent Types Of Personal Injury Accidents

  1. Car Crashes: Car accident claims are the most common personal injury cases in Buffalo, New York, and throughout the country. Every year, millions of victims sustain severe injuries due to car crashes. Collisions are often caused by careless or irresponsible driving practices, such as distracted driving, driving while sleep-deprived, driving under the influence, and speeding.  
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