To lose somebody is difficult to handle and deal with, but losing someone who is the principal supplier of the homecan be quite damaging in so many ways. Fortunately, you can find regulations that let the deceased estate file for wrongful death claims and survival action claims. As stated by the Crowe & Mulvey, LLP website, there are certain distinctions between both claims, also it’s vital to understand these variations so that you can know which legal action to move with.
Whilst wrongful death claims are created to provide compensation for damages to the deceased estate set off from the passing, a survival action may claim for damages and additional injuries the victim experienced before their death, in which the victim would have attacked should they’ve resided. A survival action claim can be submitted when the victim did not immediately die after the mishap, and during that time that was certain span could incur extra expenses, as well as emotional and physical discomfort and further media cal bills. When these scenarios happen, the deceased person’s property may file for the equally wrongful-death claim and success action claim. This may help them recover any damages which were received prior to the victim’s death as a result of another party’s negligent or inappropriate act.
Wrongful death laws and survival action laws can differ from every express. Moreover, it’s important to ascertain who has got the privilege to record the statements, understand the entire process of making someone symbolize the dead person’ property, along with the possible damages which may be given in the claim. The financial compensation awarded by the court may ease the financial burden of losing and provide justice to the situation even though it might not restore the life of the victim.Read More
Because of the rise of personal injury claims against staff of many nursing home facilities, many are considering of alternatives to nursing homes that can still provide proper care to their aging family member. One option that can be a good alternative is the home health care. This is a type of care that covers a number of medical and personal services that can provided at home to an elder or senior who is partially or fully dependent. It is a sufficient and affordable home care system that can provide physical help to elders around the home, from the basic bathing to getting meals, exercising, and even monitoring of chronic health conditions.
Home care and other supplemental services can offer a number of assistances to elders, such as health care (rehabilitation and physical therapy, medication, nursing, etc), nutrition (cooking, meal deliveries, and meal planning, among others), personal care (aid in performing personal hygiene, dressing, bathing, exercise), homemaking (house repairs, shopping, housekeeping), and social and safety needs (companions, transportation and escort services, etc). It is important to understand that home health care is not for everyone, since some seniors may require tight monitoring or further extensive medical treatment.
If the elder needs medical or nursing care, it is important to find a home care agency that is approved by Medicare and the state you live in. Seeking certified agencies to provide medical and nursing care would ensure that the service is at its utmost standard, and to avoid abuse and neglect from people who are not qualified to provide such services. Those who need at home health care often seek help with their daily activities rather than nursing or medical care. Activities of daily living (ADLs) such as getting out of bed, cooking, eating, bathing, walking around, and others is best suited for home health care services because families have better control on the care they receive.Read More
Every year, about 2,000-3,000 individuals in the US are diagnosed with the deadly, chronic cancer mesothelioma. Mesothelioma affects the tissues or membrane lining of the lungs and abdominal organs, or the sacs the surround the heart and the testis. It has four known types, namely:
- Pleural Mesothelioma – This is the most common type of mesothelioma and it develops along the pleura, which is the membrane lining of the lungs. Some of the symptoms of pleural mesothelioma include shortness of breath, fatigue, persistent chest pain, night sweats, difficulty in swallowing, and fever.
- Peritoneal Mesothelioma – This cancer develops along the mesothelial lining of the abdomen. The symptoms associated with this deadly cancer include abdominal swelling, abdominal pain, weight loss, fatigue, nausea or vomiting, and diarrhea.
- Pericardial Mesothelioma – This type of mesothelioma affects the outer heart covering, called the pericardium. This is the rarest, yet the most dangerous among the four types due to its nearness to the heart. Its symptoms include are chest pain, breathing difficulty, irregular heartbeat, fatigue, coughing, fever and night sweats.
- Testicular Mesothelioma – This develops along the testis or the lining of the male’s reproductive glands. Growth of testicular lumps and swelling of the scrotum and are the major signs of this cancer.
The only known cause of mesothelioma is asbestos, a fibrous mineral that releases sharp, tiny fibers which imbed themselves in an organ’s linings when inhaled. This deadly effect of asbestos, however, do not become manifest until about 40 years or more after exposure to the mineral. Thus, by the time it becomes detectable, mesothelioma would already have developed to a stage that no longer makes treatment possible, making it, therefore, an incurable disease.
According to the website of Williams Kherkher’s mesothelioma lawyers, the wide use of Asbestos occurred from 1930 to 1970, but most especially during the Second World War. During this time, 4.3 million workers, in shipyards alone, were exposed to thousands of tons of asbestos from the building of war ships and making of ship equipment, like steam turbines, steam engines, insulate piping and boilers. The US Navy itself had a great number of its enlisted personnel building ships and getting exposed to asbestos as well.
Today, asbestos is no longer just found in factories, mines, construction sites, shipyards, etc. Many offices and homes have furniture and so many other products that have, as component, elastic and heat-resistant asbestos. Roofing shingles, fireplace cement, bricks, automobile parts, lawn furniture, flooring materials and, some say even hair dryers and toasters, are just a few of these products.
About 45,000 Americans have already died due to mesothelioma since 1979. Some medical and government authorities say, though, that the number of mesothelioma cases is yet to reach its peak in 2016.
Many companies, which caused their workers to get exposed to asbestos, have already closed after declaring bankruptcy. This, however, should not discourage victims from seeking compensation as funds have been available, especially after these companies were required by law to set up Mesothelioma Compensation Trust Funds for the purpose of paying asbestos victims the compensation they may be legally entitled to.Read More
Controlled substances are drugs in which their possession and manufacture are regulated by the government. There are five levels of controllable substances, referred to as schedules, and they are characterized by their risk factors. Factors that determine a drugs schedule include if they are approved in the United States, potential for abuse, and if they will lead to a dependency. From schedule one to five, the drugs increase in risk level.
Substances under schedule one have no federally approved use in the United States, high potential for abuse, and high potential for the user to develop a dependency. Examples of schedule one drugs are heroin, LSD, and marijuana. Drugs under level two can be medically prescribed, however can still be abused and cause dependency. Schedule two drugs fall under one of two subdivisions, 2 or 2N, and are typically stimulants or depressants. Such drugs are amphetamine, methamphetamine, or hydromorphine.
Third schedule drugs have less potential for abuse, and their make-up presents a lack of or decrease in narcotics. Typically, schedule three drugs are defined by products that have less amounts of codeine. Schedules four and five each have lesser potential for abuse than schedule three, and are commonly prescribed by a doctor or taken over the counter.
While some controlled substances are legal and prescribed, others are illegal. If a person is discovered to possess or use a schedule one drug, in some cases, the action can be charged as a felony. Waukesha Criminal Defense Lawyers know how much anyone in this situation usually needs help; serious attention should be directed to anyone using drugs that are categorized as Schedule I. The high penalties for being convicted of crimes with Schedule I drugs make a good defense important.Read More
The baby boomer generation is causing the average age of the United States population to rise. The number of old adults, or people age 65 and older, is growing exponentially. Currently there are over 42 million senior citizens in the United States and this number is projected to more than double by 2060. Because of this, the necessity for nursing home facilities is also growing and becoming an imperative need.
The average cost of care and residency for one year within a nursing home is $87,600. This cost generally includes medical expenses, boarding, and the fulfillment of basic needs by experienced staffers. Unfortunately, many for-profit nursing homes are more focused on potential profit than the care of their residents. This kind of negligence can become a pattern than progresses to abuse of the elderly clients.
According to the website of Pohl & Berk, LLP, between one and two million adults over the age of 65 are mistreated in nursing home or assisted living facilities annually. There are some reports that the rate is even as high as one in three residents being abused. However, the age and mental health of the patients causes many of these cases to go unreported.
Abuse is the willful intent to harm someone that results in physical or mental anguish. There are three main types of nursing home abuse: physical, emotional, and financial. The reported cases of abuse range from bed sores to bankruptcy to death. Fifty percent of abuse is willfully implemented by nursing home staff and another 25 percent is inflicted from resident-to-resident from lack of supervision.
It is important that the staff and management of these facilities are accountable for the neglect or abuse that afflicts these adults. If you believed that your loved one is a recipient of abuse at a nursing home or assisted living facility, contact an attorney in your area to discuss your legal options.Read More
Remember how terrified you were to go to the dentist, and how much horror you saw in that drill? Apparently, you may have been justified in your fears.
Medical malpractice is most closely associated with hospitals and medical doctors, but the same types of negligent acts occur in dental practice. Because dental work is typically outpatient doesn’t mean that no serious harm can occur. According to the Habush Habush & Rottier S.C. ® website, dental malpractice typically takes the form of failure to diagnose oral disease, improper use of dental tools, instalment of defective dental appliances, infliction of unnecessary injury to bone or tissue in the mouth, and improper use of anesthetics.
The most common cases of dental malpractice is poorly executed dental work, particularly cosmetic procedures such as bleaching, veneers , crowns and jackets. These elective procedures can be carried out by general practitioners because US law does not regulate cosmetic dentistry. In other words, it is not a specialty. However, there are a lot of dentists who are not able to perform these procedures properly, or who use substandard materials that end in undesirable results.
The worse thing is when the dentist is incompetent and does more harm than good when attempting these procedures. There is the risk of infection, overpreparing of the tooth, gum problems, and exacerbated temporomandibular joint (TMJ) conditions.
A recent case was that of a famous singer who, upon the advice of her dentist, submitted to having veneers placed on several teeth in the belief that it would help alleviate her chronic jaw pain problem. Instead, the treatments were a disaster and made her jaw pain worse, keeping her from practicing her profession over a considerable period. She sued her dentist for medical malpractice.
You can do the same if you have suffered serious preventable injury in the hands of your dentist. Consult with a dental malpractice lawyer in your area for more information about getting compensation for it.Read More
Xarelto is an anticoagulant medication mainly given for those who have undergone knee of hip replacement surgery in order to lower their risk of developing blood clots as well as stroke. Xarelto, with the generic name Rivaroxaban, has been approved by the Food and Drug Administration (FDA) as treatment for deep vein thrombosis (DVT) and pulmonary embolus (PE). It works by preventing certain clotting proteins in the blood system. It was made by Bayer and Janssen Pharmaceuticals (a New Jersey-based unit of Johnson & Johnson), and contrary to its predecessors, it can be prescribed in a uniform dose.
Because it is an anticoagulant, the most known severe Xarelto side effects are uncontrolled bleeding. Fatal bleeding to the brain, kidneys, or lungs can interrupt the blood flow to that vital area that could lead to the organ losing some if not all its functionality. Since Xarelto is an anti-clotting medication, hemorrhaging can occur and will continue until the medication is out of the system. Patients who have taken Xarelto run the risk of suffering from irreversible internal bleeding which could result in hospitalization and even death.
Although it has been approved by the FDA, it is not approved as treatment for acute coronary syndrome or ACS. Taking actions after experiencing severe Xarelto side effects should immediately inform their doctor. These risks should not be neglected or taken for granted as they can lead to serious health complications or death. Talking with a lawyer regarding a possible medical malpractice or product liability claim would help in informing the public about the danger of Xarelto as well as fine the manufacturers for their negligence. Just as with any type of medication, it is normal for Xarelto to have side effects, but it should not outweigh the benefits. Because patients who take Xarelto are not necessarily required to have regular blood monitoring and follow-ups with the doctor, it increases the chances that patient may end up with severe side effects.Read More
Dog bites are a fairly common injury in the United States. Depending on the state you are in, dog bite statutes can differ, and it is important to know what law or rule your state follows in order to have a successful personal injury claim. According to Pohl & Berk, LLP, serious dog bites can also lead to traumatic brain injuries and even spinal cord injuries, and this is not surprising as statistics show most dog bite victims are children under the age of 14. Generally, it is believed that dogs owners should be held liable for the actions and injuries caused by their dogs, however, dog-bite statutes can make this rule complicated.
Consulting with a lawyer when injured after a dog bite would help in knowing what actions to do next in order to win compensation. It is fairly easy to file for a personal injury claim against a dog owner provided the law applies and that the owner’s negligence is established. However, there are instances where police or military dogs attack civilians. Generally, anyone who is bitten by an on-duty police dog does not have legal right to file for personal injury when they have been bitten, however, this rights have limitations as well.
From The Seegmiller Law Firm, anyone who wishes to file a personal injury claim against a police dog can file under the Federal Act of 1964. If the police officer has used unreasonable force in order to make an arrest (by using the police dog to bite the person), then they can be held liable for damages and can even be fined to pay for punitive damages. Courts uphold that officers are allowed to use dogs when it is only deemed or reasonable to do so. Should the personal injury case be successful, the plaintiff (injured victim) may be rewarded with compensation and punitive damages, as well possible awards for attorney’s fees and costs.Read More
Cruise ship accidents and crimes may seem like not a big deal considering that millions of people take cruise ship vacations every year. In a logical way of thinking, committing a crime on the high seas may not seem to apply, but sadly statistics show that in the past three years there have been reports of sexual assault or misconduct, missing people, and theft. Because of the difficulty of enforcing the law in the open seas, the majority of these crimes have been investigated or solved.
Filing a lawsuit against a cruise ship after being involved in a cruise ship accident may be different and bit a complicated. There are many laws that can affect the case. Generally, the law on the cruise ship will depend on the flag the ship is flying under. A cruise that is registered in a particular country and is flying under that country’s flag will follow the laws of that country; however, it is also important to note that territory should also be considered. When the cruise ship is docked in a port, it will be under the laws of the port that they have docked on.
Filing a lawsuit of claim after a cruise ship accident should be in accordance to the statute of limitations, and this will be based on the contract that you and the cruise line have agreed on. The contract will be on the ticket, and will override and statute of limitations made by the state law. Additionally, there may be notice requirements, and you or your lawyer must abide with this. It is important to read what is written on the ticket to understand how you can pursue a personal injury claim or lawsuit. According to the website of The Vucci Law Group, P.A., the cruise ship have the responsibility to ensure the safety of their passengers, therefore any injuries that could occur that may be linked to their negligence can make the liable for a lawsuit.Read More
After the disaster caused by the Exxon Valdez on March 20, 1989 off the coast of Alaska, the United States government discovered they did not have adequate resources needed to respond to oil spills and the federal law only provided narrow scopes of damages compensation for those affected by such disasters. As response to this, the Oil Pollution Act (OPA) of 1990 was established. It was aimed to lighten and prevent civil liability from oil spills that would occur off the coast of the United States and generally forms parts of the oil spill governance in the country.
The initiative for the Oil Pollution Act of 1990 begun with two earlier acts: the Federal Water Pollution Control Act (FWPCA) and the Clean Water Act (CWA) of 1977 that both set the framework for the liability, containment, and response for the Exxon Valdez oil spill. The OPA made the prevention and response to oil spills better because it establishes provisions which broaden the federal government’s ability to respond to oil spills, as well as provide the necessary financial and other resources. After the Deepwater Horizon oil spill occurred in the Gulf of Mexico, there has been disputed, and although there has been actions to raise the cap limit from $75 million to $10 billion, the efforts are still blocked. Presently, the BP is a limit for damages is $75 million, and they are liable for the cleanup.
There have been many disputes and changes regarding the provisions for damages for those who have been affected by the Deepwater Horizon Oil Spill. Many filed claims have been denied, and because of this many of those affected did not receive any compensation even when their businesses, establishments, and properties where damaged by the oil spill. One way to make sure that compensation is given is to file for an appeal after a denied claim. According to the website of Williams Kherkher, filing for an appeal would be easier than filing for a new claim because there is already an established claim. Because there are still disputes regarding the awarding of damages by the BP Deepwater Horizon oil spill, it may be possible for those who have been denied to have a chance for damages after new settlement agreements are being made.Read More