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.
When dealing with a personal injury case, it’s nice to know what’s going on. This allows you to have confidence in what’s occurring during your case and not just trusting an attorney blindly. Although it’s important to pick an attorney that’s good at what they do and whom you can trust, it’s still important to be prepared and knowledgeable yourself. Having tabs on your own case and understanding the steps as they come allows you to make an informed decision when presented with one. Below covers some topics on personal injury cases when you are the one who has sustained the injuries.
What Does a Typical Personal Injury Case Look Like?
When an injury occurs at the negligence of another party, most states have laws that allow the person injured to recoup costs. This can include emotional trauma connected to the injury. Negligence can be from a workplace being unsafe or not kept up to code which resulted in an injury. Negligence can also include careless driving, malpractice by a doctor, and more. A typical case will have an injured party and a negligent party seeking to prove whether negligence was indeed the issue.
What Happens After Filing a Case?
The assumed negligent party is then served papers of the notice and becomes the defendant while you become the plaintiff. The next step is called “discovery” as lawyers on both sides gather evidence, ask questions, and build a case. Once this mode has ended, offers can be made before the case is taken to trial. If the offer is refused, it will go to trial and be decided by a judge. However, it’s common for personal injury cases to be settled outside the courtroom.
What Happens if I Win?
A judge or jury will decide an amount for damages and you will be rewarded this amount of money. Those deciding the amount will take into account the injury, grief caused by the injury, future wages lost, etc. All angles will be considered in order to fully cover the plaintiff. This is why cases like this are often settled outside of court.
How Long Do I Have to File a Case?
Each state differs on the length of time following an injury that you have to file a claim. This is referred to as the “Statute of Limitations.” Your attorney should be able to help you with this amount of time for your state. However, it’s always best to file a claim as quickly as possible following the injury. This often helps with evidence trails and the case in general.
Some other important notes to consider are that the defendant of the case isn’t punished. Other than paying out what’s rewarded to the plaintiff if they lose the case, a defendant won’t have to worry about aspects such as probation, jail time, etc. Further, if you decide to settle a case outside of court, this is when you and the defendant agree on a specific outcome of the case without a judge or jury. Your lawyer will handle the details.
As seasons change and various weather patterns come and go, new accidents and dangers present themselves. It’s common for some types of accidents to happen more often during certain seasons than others. One season that is popular for housing a large amount of accidents is summer. Kids are out of school, families are going on vacation, and people are more active than usual. This all is a recipe for fun and memories, but it’s also a recipe for accidents galore.
Pool or Water Accidents
Of course, you had to know this was going to top the list. Water is a large focus of fun when it comes to summertime games and time killers. However, water can be dangerous with slips, falls, head injuries, drowning, etc. Drowning is the fifth leading cause of death with a fifth of those accidents being children under the age of 14. Pools, lakes, and the beach can be a blast, but be sure to take as many safety precautions as possible to keep you and your family safe.
As mentioned above, summer is a great time for getting active and many people utilize their fun in the sun for sports. There are many summer leagues involving sports for children as well. A sport injury can be anywhere from a sprained ankle to head trauma. Sports can leave a window of uncertainty open on when or how a child could be hurt. Be sure to have all the proper safety gear in place for your child and get regular checkups to ensure there are no hidden issues that could arise from their sports involvement. Of course, don’t forget that adults aren’t exempt from sports injuries as well and should be cautious and not overlook safety guidelines suggested for the sport they’re involved in.
Bicycle and Motorcycle Accidents
When it comes to summer, there’s a lot of traveling occuring. On top of this, people like to utilize various modes of travel that aren’t possible or as popular during the cooler months. This includes mopeds, street bikes, motorcycles, bicycles, etc. These types of transportation have to share the road with motor vehicles which can get dangerous at times, especially in heavy traffic. With as busy as people are during the summer months, crashes involving these types of transportation tend to go up in number. Be careful when driving and sharing the road with these modes of transportation and ensure you’re wearing and covering as many safety precautions as possible if you operate one on a roadway.
As mentioned, the amount of travel people are doing goes way up when the summer months hit. Due to this, the amount of car accidents also rises throughout summer. Be aware that you’re not the only added traveler when summer hits and prepare/e aware of extra drivers on the road.
It’s always smart to observe safety parameters during any activity we might be involved in. This doesn’t just go for summer, but throughout the year. However, the accidents listed above are prone to happen more often and frequently when summer hits so, it’s good to be aware of this timing and up the awareness to compensate.
After a traumatic incident occurs, it can be difficult and even confusing to know what the next step is, if any. It’s common for those involved in traumatic incidents to lack proper information into the rights they possess. Knowing what rights you have can help incidents like a traumatic brain injury, feel a little less overwhelming. If you or a loved one has gone through this experience, here is a bit of information on your rights and the steps you should take during the process.
Your First Steps
If you hit your head and there are symptoms arising afterwards, seek medical care as quickly as possible. Even minor head injuries can be quite serious and cause other issues if left untreated. Further, if your incident occurred at work, in a car accident, or other place where someone may be held liable, getting medical care will provide proof of the injury and help with the timeline of events. Sometimes, incidents may occur that do not involve the liability falling on another person. However, brain injuries can be a life-changing event and are often caused at work, in car accidents, etc. This means you shouldn’t be the one to handle all the burdens a brain injury can lay in your lap.
Contact an Experienced Lawyer ASAP
It can be common for people to move quickly in order to protect themselves when it involves an incident they may be liable for. This is why it’s important to protect your rights as soon as possible. Bringing in an experienced lawyer as soon as everything starts to happen can ensure things are handled properly from the beginning. An experienced attorney can ensure your rights are protected and followed to the letter while you go through such a burdening event.
Listen to Professional Advice
We often times want to argue with our doctors and lawyers about certain matters. Sometimes this is warranted however, other times we need to listen to the professionals. We hire them for a reason and it’s because they know what they’re doing. This means you’ll want to follow the treatment and medical plan given to you by your doctor. Some hiccups can occur if a patient during a case doesn’t follow a treatment plan. Further, listen to the tips your attorney will offer you. For example, he/she might tell you to avoid discussing matters freely on social media or with friends and family. This often can also cause hiccups and make the process harder or longer. It’s important you stay aware of your actions and think about how those actions can interfere with your case.
If you or a loved one have experienced a traumatic brain injury, contact an experienced attorney as soon as possible. Not all incidents involving brain trauma require cases however, many do and you’ll want to make sure your rights are covered.
Riding a bike is fantastic like any outdoor activity these days. It’s becoming an essential type of workout in the days of non-stop stress. The job is taking a lot of time for an average American citizen. Even in these excellent outdoor activities, there is a chance to become a participant in some accident. You should always know your rights and lean towards them in urgent situations. There is all kind of compensations when it comes to bicycle accidents.
You may be entitled to compensation for the following:
You can claim compensation from severe bruising to broken bones and even psychological damage like depression, as long as they are caused as a correlation with the results of the accident.
If the bike can be repaired and the cost of servicing is less than what the bike was worth before the accident you can claim the repair coast. If your bike is damaged beyond repair or the cost of repair is higher then the value of the bike, you can claim amount that is equal before the accident. You will need paperwork and written estimates from the bike shops to claim for bike damages.
You can claim compensation based on any damage related to your items and belongings. This will include any article of clothing, cycling helmet or any additional attachments on your bike.
Loss of earnings
You can claim for loss of profits if to need to stay out of work because you need to recover from the injury. Providing evidence of how much you would have earned if you had not been forced to miss work. If you are a paid employee, loss of earnings covers all possible sources of income from basic pay to bonuses. If you are self-employed, your potential loss of profits can be taken into consideration. If you are unemployed and looking for a work at the time of the accident, you can claim compensation for potential loss of earnings if the crash kept you from getting a job.
Additional travel costs
If your bicycle was you main transport and post-accident, you are forced to take public transportation or make other arrangements. You can claim compensation based on the mileage traveled.
If you have any mental trauma or disability after the accident, you can file these as an individual’s case demands. These types of damages include pain and suffering, emotional distress, loss of enjoyment in life and loss of consortium. Having the right documentation from a valid medical institution is essential. PTSD (Post-traumatic Stress Disorder) is affecting more and more people who were in some accident. In any of the cases, you need to produce evidence regarding receipts and other documentation. This is not a straightforward process, so it’s in your interest to contact a personal injury solicitor than to try to claim compensation yourself.
Call us today for more information – +1 480-757-5000.
If you are a part of these type of accident, please seek medical attention first!
Bicycle Accidents In Arizona
Rising fuel costs in the capitalist era have made bicycles more popular than ever. Also, the rise of eco-consciousness has brought more popularity to bike as transporting vehicle. But increasing number of bikes means an increasing number of accidents- and they often lead to disfigurement, injury, and death.
Bicycle accidents take place on all kind of roads, during any season or whether, under all conditions. Some conditions are more dangerous than others. Intersections are one of the most dangerous places for the cyclist because they can be struck by a vehicle that disregards the cyclist’s right-of-way.
Bike riding is an everyday activity in Arizona. During 2011. 1604 people were injured and 24 people killed.
When can cyclists make a claim
When motorist negligently strikes someone riding a bike, that bicyclist can make a claim against them for his/her damages, including medical bills, suffering, pain, disfigurement, lost wages and other losses caused by accident.
Biking injuries are often involving a motor vehicle because bikers have nearly nothing protecting them. We see injuries like multiple fractures, back & neck, physical wounds and severe head trauma. Sometimes, low impact collisions can cause serious damage.
Common Causes of Bike Accidents
The harsh reality is that your physical safety is at risk every time you get on a cycle. Drivers are not the only problem on the road. Serious contributors are also lack of signs, road shoulders and bike lanes. Still, driver inattention is still the most common precursor to the collisions that injure bicycle riders.
Some of the following examples of driver negligence or wrongdoing that leads to a bicycle accident include :
- Distracted driving
- Driving under the influence of alcohol/drugs
- Bike lane intrusion
- Running a stop sign or red light
- Driving at high speed
- Making an unsafe turn or a dangerous lane change
- Entering the street from a parking spot or driveway
840 cyclist were killed in motor vehicle traffic crashes in the U.S in 2016.
Different types of cyclist accidents
We in Schenk Podolsky Attorneys at Law prepare our cases thoroughly. With our prepared litigators we are ready to handle almost any type of bicycle accident, including, but not limited to:
- Hit and Run accident
- Sudden Stops
- Bike lane violations
- Drivers rolling through stops
- Bicycle manufacturer defects
- Dangerous road conditions
- Wrongful death
What to do when you are involved in a Cyclist Accident
If you are injured in a bicycle accident, you should call authorities right away, and let the police investigate the crash so the report can be filed. Police reports are useful in recording the names involved in the accidents, identifying witnesses, talking statements of the people at the scene and making crash diagrams. Most of the negligent drivers will often tell the truth to the police if you notify the authorities fast.
If you notify authorities later, defendants often have a chance to change their stories. If you are struck by a vehicle, we can submit a claim with the negligent defendant’s insurance company and start our consultations about future litigation.