Untimely death of a loved ones is one of the most difficult time for the loved one’s family or friends. However, in some cases, someone else might be at fault and in those cases, when someone else was negligent, you might be entitled to a compensation. These type of compensations are achieved through a wrongful death lawsuit.
Here, we will discuss what different type of accidents can lead to a wrongful death lawsuit.
Commercial trucking accidents
Most of the time, commercial trucking accidents are classified as auto accident. However, they are different from passenger vehicle accidents in a lot of way. One of the main difference is the mere size of the truck. Since commercial trucks are often heavy and large, they are most likely involved in accidents that result in death.
Commercial truck operation has a lot of elements in it, and each one of them has to be examined by the personal injury or wrongful death lawyer in order to determine how the accident occurred. These elements can include
- Mechanical failure
- Incorrect maintenance of the truck
- Oversized loads
- Loads that weren’t properly secured
- Driving error and
- Driving under the influence of some substance (alcohol or drugs)
In order to determine which party, or parties, are liable in the wrongful death of your loved one, the attorney will review every relevant aspect of the commercial truck operation.
Wrongful Death Through Car Accidents
Traffic collision involving passenger vehicles are one of the most common types of accidents that lead to a wrongful death case. This is due to the number of people that drive and how often they drive.
According to the 2019 NHTSA statistics, over 39,000 car accidents in the US had a fatal outcome. Only in Arizona, there were 911 fatal crashes, and even though this is the lowest number in the past three years, that is still an alarming number
Many of the fatal car accidents are caused by the negligence or one or more drivers. These can be categorized as:
- Distracted driving
- Drunk driving or driving under the influence
- Roadway issues
- Speeding and
- Driving while drowsy
Bicycle, Pedestrian or Motorcycle accidents
People that commute with bicycles, motorcycles or on foot, are more likely to be killed in vehicle accidents. This is because they lack the necessary protection that vehicle d rivers have during the collision.
In the majority of these cases, the pedestrian, bicyclist or motorcyclist are killed in accidents mainly because of the negligence of the driver.
Medical malpractice and wrongful death
Even though hospitals should be a safe place, where healthcare providers should be skilled and well-trained to avoid harming the patients. We even have safety protocols set up in all hospitals. But despite that, medical negligence occurs and it can be fatal.
The most common examples of fatal medical errors include:
- Delayed or incorrect treatment
- Birth injury
- Errors during surgery
- Pharmaceutical errors
- Defective devices or medications
- Hospital negligence
- Lack of informed consent
Certain occupations are at greater risk of injury and death because of workplace accidents and dangerous nature of the job. Fatal work accident can occur in any workplace where the workers are required to work under dangerous conditions.
Based on the research of OSHA, the most frequent work-related accidents which result in death, occur due to:
- Being struck by an object
- Being caught between machinery, objects or materials
Defective products are dangerous for users even if they are used correctly. Sometime, even safe use of a defective product can be fatal. The most common cases of defective products, which cause death are:
- Defective drugs
- Vehicles or some components
- Defective children products
- Toxic food or containers
All manufacturers are obligated to only manufacture and sell safe and reliable products to their users. In case the manufacturer creates an unsafe or defective product, which poses danger to the user, then he can be held reliable of the (proper) use of said product leads to the user’s death.
If you or your loved ones has died and you suspect that you have a wrongful death case of one of the types mentioned above, contact Schenk & Podolsky today and schedule a consultation. Let us review your case with you and see if you have the right to claim compensation.
Injuries due to electrocution can happen literally anywhere where people work with electricity, but they most often occur in the workplace. Workers such as utility worker, electricians, cable operators and construction workers are at a much higher risk of electrocution and even suffering severe injuries than other professions. Sometime, being electrocuted can be fatal. In cases where electrocution causes severe injuries or even death, you could be eligible for worker compensation.
Causes of electrocution in the workplace
If an employee suffers injuries because of electrocution, this can be due to several reasons:
- Maybe the circuits are overloaded or damaged
- The source of electrical energy can be exposed e.g. live wire
- There are issues with the wiring
- Frayed electrical cords
- Poorly or improperly installed electrical lines
- Damaged or downed power lines
- Defective equipment or machinery
- Wet working conditions
In order to avoid electrocution and potential injuries, it’s important that both the employee and employer take the necessary precautions and protection from these types of injuries.
Electrocution injury types
Not every electrocution will deal the same type and amount of damage. Injuries caused by electrocution depend on several things e.g. the amount of electrical energy that passes through the body as well as where the electric energy enters and exits the body.
Low voltage electrical energy will most likely only shock you, cause temporary and mild pain and won’t leave any permanent injuries. On the other hand, high-voltage electrocution can be really serious. It can damage a person’s heart, cause a heart attack or even death.
Serious and high-voltage electrocution can cause a number of dangerous injuries:
- Severe burns
- Brain damage
- Cardiac arrest
- Nerve damage
- Muscle pain
After being electrocuted, it is extremely important that you seek medical attention. You may feel fine, but there might be some underlying conditions that you don’t notice yet and can be harmful later on. So it’s best to seek a professional’s opinion.
Benefits of worker compensation claims
Depending on the injuries sustained from electrocution, you might be unable to work for a temporary or permanent basis. But even though you’re not working and earning money, you still need to pay the bills and provide for your family. If the electrocution occurred while you were on the job, you might be entitled to a compensation if you file for a claim.
After the electrocution, you must immediately report it to your employer and seek medical attention. Then you can start the claim process in order to obtain the benefits you need. These benefits could be in a form of:
- Covering reasonable and necessary medical bills and assistance if you need surgery, hospital stay, medication and medical care in general
- Compensation for lost wages since you won’t be able to work temporarily or permanently
- If the resulting injuries prevent you from continuing in the same line of work, you will need to be trained in another occupation
- In case of death, you should receive compensation for the final expenses related to the death of a loved one
Other forms of compensation
Apart from worker’s compensation, workers that suffer injuries caused by electrocution, might also be eligible for other types of compensation. These compensations can include:
Personal injury in case the injury is caused by a third person. In cases like this, you can file for a personal injury claim.
Product liability if you were injured because the equipment and machinery malfunctioned. Then you might be entitled to a compensation from the machinery/equipment manufacturer. These claims however, require you to prove that the equipment/machinery was defective.
Premises liability if you suffered an electrocution injury because the property or business owner didn’t take the necessary steps in order to protect the workers for hazard.
Wrongful death claims are only possible if the electrocution resulted in the death of a worker. Then the worker’s loved ones are entitled to recover damages by filing a wrongful death claim.
What to do in case of electrocution injuries?
If you were injured in the workplace due to electrocution, the first thing that you must do (after reporting it to your employer) is to seek medical attention, to make sure that the electrocution didn’t cause any harm to your health.
Once you have your health assessed, you need to contact a skilled attorney who will represent you and investigate your injury to see if you are entitled to worker’s or other types of compensation.
Riding a motorcycle does provide a certain sense of freedom. Although we need to remember that they are not as durable and crashworthy as closed vehicles like cars. According to the Insurance Information Institute, motorcyclists are actually 27 times more likely to be killed in an accident.
Now, you might have excellent driving skills and you have been driving a motorcycle for years, but it’s still important that you know how prevent accidents and stay safe. By taking necessary precaution you can significantly reduce the risk of being seriously injured or killed in a motor accident.
Way to prevent motorcycle accidents
In order to prevent motorcycle accidents from happening, both the motorist and motorcyclist should abide the traffic rules and practice caution every time they are on the road.
Probably the most important thing any cyclist can do aside from following the traffic rules, is to make sure that he/she wears the necessary safety equipment. The right type and quality equipment can protect you from injuries or minimize them, increase your visibility of the road and make your ride less exhausting.
Wearing a properly fitted motorcycle helmet and good quality boots will provide necessary protection for your ride. You can also consider getting a reflective jacket or west so other motorists could easily see you at night or in bad weather.
When on the road, both motorcyclist and motorists should abide the traffic regulations. Even though riding a motorcycle can be exciting and exhilarating, speeding down the road can be extremely dangerous. Maintaining proper control of your motorcycle is crucial and as your speed goes higher, the level of control is lower so you won’t be able to steer as accurately as you should nor you will be able to stop the motorcycle in time. So when you’re out on the road, make sure that you follow the posted speed limits.
During bad weather, when the roads are either icy or slippery, make sure that you ride at lower speeds and as you approach corners, curve slowly and only speed up when you emerge. Turning too fast could cause you to lose control of your motorcycle and crash into obstacles.
The main cause of motorcycle accident isn’t because the motorcyclist isn’t abiding the traffic regulations. Most of the accidents are actually caused by those that are driving near the motorcyclist on the road. So when out on the road, you should always be vigilant about the traffic around you. This is why you should come to a full stop at stop signs, look both ways before crossing an intersection etc.
Car doors and blind spots
At some point you will be travelling through and area where cars are parked alongside roads. You should avoid these areas or practice extra caution because vehicle owners might not see you and open their car doors directly in your path. In other cases, pedestrians might step out in front of you and you won’t be able to stop on time thus cause an accident. And while on the road, make sure that you stay clear of other vehicle’s blind spots. Position yourself towards the front of other cars. This way they will easily see you since you won’t be in their blind spot.
Just like with cars, you need to take good care of your motorcycle and keep it in good shape. This means doing regular maintenance in order to make sure that you’re not riding on worn out tires, having burned out lights or soft breaks, all make your motorcycle unreliable and riding it is a real risk.
After a motorcycle accident
Even if you follow all the traffic laws, motorcycle accidents can happen. If they do, there are a few things you should focus on. First, you need to make sure that you call the police so that they could make a detailed report of the accident. Make sure that you also take photos of the accident and vehicles or ask someone to do it for you if you’re not able to. Then you should collect names and contact information of witnesses and exchange information with the other driver.
Once the police arrive, ask for medical treatment even if you feel fine. You never know if there are some underlying injuries.
Dogs will show you unconditional love and they are friendly even if they are not yours. We can agree that they are wonderful. But sometimes you can’t really tell if a dog will react negatively to your movement and this might lead to harm.
If you see a dog on the street and you don’t know the owner, you can’t be certain that the dog had any proper training or if it’s even friendly. From all the dog bite cases, most common are the ones that happen to children and postal workers, and their injuries can be severe. In case you or someone you love suffered from a dog bite, make sure that you don’t make the following mistakes
Avoiding medical attention
Pretending that a dog bite isn’t a serious thing and not seeing a doctor is probably the worst thing you can do. In order to quickly address your injuries, you first need to evaluate them by a medical professional. The doctor will make sure that your injuries get the proper treatment so you could recover faster. If you avoid seeing a doctor, you risk making your situation worse and causing more problems.
Not calling the police
In order to have a record of the accident, you need to call the police. The police officer will generate a report and even they might not be able to assign blame to the owner of the dog, they can collect statements from you and the witnesses.
The police report is important. Because without it, you won’t have witness statements documented and proving your injury will be very difficult.
Not taking photos
Not every dog bite is the same. Some can be mild and some can be pretty severe. No matter the seriousness of the injury, it’s important that you take photos of the scene and injury.
Photos of the scene or your injuries help personal injury lawyers in Arizona to make your case even stronger and guarantee that you receive the compensation. Proving the extent of the injuries is pretty hard without visual proof e.g. photos.
If you think that insurance companies are looking after the best interest of their clients, you are wrong. Insurance companies, first and foremost, think about their bottom line and that’s not always in line with your interests.
When you speak to an insurance company, that conversation will likely get recorder and you can end up saying something like you ran towards the dog or you started playing rough with it before it bit you. These can all server as proof that you provoked the dog which in the end can reduce your compensation. So it’s best to consult with a personal injury lawyer before you speak to an insurance company.
Not consulting a personal injury lawyer
Getting better after a dog bit is imperative and if you’re not at fault, you shouldn’t have to pay for any of the recovery. That’s why it is important to consult with a personal injury lawyer to see what compensation can you get. Personal injury lawyers can help you receive compensation for
- Lost wages (if the dog bite puts you out of work for a short while)
- Pain and suffering
- Emotional distress
- Medical bills
Insurance companies will try really hard to force you to settle for a lower settlement. Don’t agree to anything until you speak with an experienced lawyer.