How the PIP Laws Effect the Consumer

The Florida legislature changed the Personal Injury Protection (PIP) law January 1st, 2013 to purportedly combat insurance fraud, but overshot that purpose and actually affected the rights of medical providers and more importantly, injured motorists.

This new law requires that individuals who are injured in a car accident only have fourteen (14) days to seek initial treatment with a medical provider and open a claim with their personal injury protection, PIP. Should treatment not commence within that duration, then the motorist WAIVES their statutory required PIP coverage.

What does that mean if you or a loved one are in a car accident?  If you do not seek treatment within fourteen (14) days of the accident, you will waive your PIP coverage for that particular accident.  Moreover, policyholders may only be eligible for $2500.00 in coverage, despite having $10,000.00 PIP coverage.  A doctor must first evaluate the injured to determine whether or not the injuries are serious enough to afford the policy holder full coverage for the $10,000.00 PIP that the motorist is required to pay for by Florida Law.  This evaluation has to be performed and certified by a medical doctor, osteopathic physician, or practioner corroborating that the injury requires immediate medical attention.

In the months to come as we approach 2014, there are supposedly new restrictions being discussed to take place and be implemented into the statute that will limit policy holder's PIP even further.  There has been discussions that only emergency medical treatment would be covered, and all other treatment barred from PIP coverage.

The timeline reduction from no restriction to fourteen (14) days to seek treatment is overly burdensome, since the fraud aimed to protect is over unlawful access over police reports citing accidents earlier than sixty (60) days from the incident date. That would be a more measurable restriction to fight fraud, not fourteen (14) days, which only hurts the medical provider, and worse, the policy holder. The further limitations discussed on what treatment may be sought and covered by PIP is even more troublesome, as the law continues to restrict the consumer, who is required to carry this coverage as a matter of law.

Due to these changes, and impending changes, it is important that you seek immediate consultation with an attorney who can assist you with your claim and advise you as to your rights to your coverage and personal injury protections.  Call K/S, Attorneys at Law immediately following an accident, and allow our experienced and diligent attorneys fight for your rights!

K/S, Attorneys at Law can assist you with your auto accident case, and offers a free consultation to discuss your rights!

The Need to Hire a Broward Injury Lawyer for Your Case

The Need to Hire a Broward Injury Lawyer for Your Case

If you, or a loved one, have been injured as a result of negligence of another individual or entity, you should consider hiring a skilled personal injury attorney. This is because you are likely experiencing mounting medical bills, years of rehabilitation, lost wages, and undue financial stress because of the incident. In addition, you are likely challenged by the delay or denial from an insurance company when making a claim to receive financial compensation for your pain, suffering, damages and injuries.

Nearly any type of injury caused through negligence can put a family into an unexpected financial tailspin. In an effort to hold those at fault responsible for their actions, and to receive compensation, you will need to secure legal representation. This is the only sure way to protect your rights and develop a strong case to support your claim. Every day throughout Florida, experienced personal injury attorneys handle all different types of cases for their clients. These can include:

• Broward Vehicle Accidents
• Broward Bicycle Injuries
• Broward Wrongful Death Cases
• Broward Construction Site Injuries
• Broward Nursing Home Neglect
• Broward Medical Malpractice
• Broward Dog Bites
• Broward Dangerous Drugs
• Broward Workplace Accidents
• Broward Product Defect Claims
• Broward Workers’ Compensation
• Broward Slip and Fall Injuries
• Broward Elderly Neglect
• and others

The Need for an Broward Injury Attorney

Florida law involving personal injury is complex. More than likely you are unfamiliar with every aspect of handling a personal injury claim. You might not understand exactly what you are legally entitled to receive, which could work to the advantage of the insurance claims adjuster that is seeking to minimize the amount of compensation you are given.

However, an experienced Broward Injury Lawyer can assist you in interpreting Florida law as it applies to your specific case. Your attorney can negotiate directly with the insurance carrier, or file a lawsuit on your behalf, to ensure you receive a fair and adequate settlement for your injuries.

The Value of Your Injury Claim

Your skilled Broward Injury Lawyer will use proven methods to calculate the value of your claim. Your entitled compensation can be determined by your past, current and future medical treatments and procedures. In addition, you have likely lost wages because of your injuries, and possibly will lose earning potential in the future.

There are proven methods used to calculate the pain and suffering you have endured as a result of negligence at the hands of another individual or entity. In addition, your skilled attorney can determine the amount of insurance that is available from the liable party to ensure that you receive a fair and just compensation for your claim.

Injury Settlement or Injury Lawsuit

By properly evaluating all of the evidence in your claim, your Broward Injury Lawyer can help you determine whether to settle out of court or file a lawsuit to take your case to trial. A skilled attorney can advise you on the financial risks involved in litigation and the best tools to reduce your potential exposure to minimize those risks.

It is best to seek out KS-Law in Broward, Florida. The skilled attorneys have years of experience dealing with personal injury issues. They use proven strategies to maximize the results for their clients. The attorneys are fearless when fighting for the proper compensation their client deserves because of the pain, suffering, damages and injuries they have endured, due to the negligence of another.

Social Media Posting....worst than texting and driving?

Florida has taken an important first step in curtailing the deadly habit of texting and driving, but should Florida legislators have done more? Last month the Sunshine State joined 39 other states to make texting and driving illegal. Unfortunately, the new Florida law is being criticized because of its lackadaisical approach to the idea of texting and driving. 

Police departments should be able to use the new law to encourage safe driving habits and the prevention of auto accidents. However, the new law is currently just a secondary offense, which is only relevant when a driver is caught in the act of committing another more serious traffic infraction, like causing a crash, speeding or running a red light. This “after the fact” approach seriously undermines the effectiveness of the new ban on texting while driving.

Furthermore, many are curious why the new law doesn’t address many of the other activities motorists are doing in the car. The new law deals only with written communication. This  includes manually sending or reading information using a wireless device, which is conduct associated with texting, emailing and instant messaging. Text messages and phone calls are relatively easy to sort through on a cell phone bill, but how do we decipher how many Instagram pictures you saw while driving or “Likes” drivers are giving their friends’ photos? Plainly, the law is silent as to the various streams of data that a cell phone is capable of receiving. 

How about YouTube, Netflix and other video streaming services? Think that it’s crazy a driver would watch a video on their portable device? I have witnessed it personally! While the driver may be able to divide their attention on a long stretch of road, how would they be able to react to a sudden occurrence on the road, like a tire blowout, scattered debris, other drivers’ negligence and accident avoidance? 

Research shows that distracted driving can adversely impact one’s consciousness and focus just as much as driving drunk (a condition some researchers refer to as “inattention blindness”).  The reckless and negligent nature of these behaviors should be addressed by better and more applicable legislation. 

If you have been in an accident due to texting or social media posts get justice now!

To view the full post go to http://injurylaw.labovick.com/

Can You End Up Owing Money After Your Personal Injury Lawsuit?

You usually do not have to owe money after your personal injury lawsuit. If you succeed, the settlement will include legal fees. If you fail, the lawyer will most likely not charge you.

This should be of great relief to individuals who are considering a personal injury lawsuit but who don't necessarily have much in the way of disposable income. Personal injuries often take a hefty chunk out of one's finances initially, especially if the injury makes an individual unable to work. Medical bills can pile up quickly.

However, legal fees are not something that people considering a personal injury lawsuit in a civil court should have to worry about.

Personal Injury Lawyers' System

Most personal injury lawyers have a system by which they judge whether a lawsuit can be won before they even take it to trial. They will interview you, typically in a free initial consultation, to determine whether or not your personal injury lawsuit can be won. If not, they will apologize, and you are free to seek a second opinion with another personal injury lawyer. However, if they do take on your case, they will work to make sure that you win. You will know that they are doing their utmost when they agree not to charge you unless and until you win the trial.

Do not trust any personal injury lawyer who wants your money before the case is settled! This is not standard, and you will be able to find a legal professional who knows how it's supposed to be done.

If you win a settlement, a lawyer will generally write his own fees into the expected settlement. A personal injury settlement includes any fees incurred that would not have had to be incurred had the personal injury not been sustained. This includes your lawyer's legal fees. If the lawyer does not win the settlement, make sure that he does not charge you anything. Better yet, make sure that your initial agreement stated that he wouldn't charge you if your case lost.

Don't Worry About Legal Fees

While your lost wages and medical bills will likely still be there if you lose the case, and while you will have to continue paying your bills while the case is ongoing, legal fees are not of this nature. Lawyers know that they wouldn't get any business if they didn't present themselves as a free-until-you-win service because their prime clientele are individuals going through hard times. If you have been injured due to someone else's negligence, consider a personal injury today!

To read the full article visit lawyerlocator.lawyers.com/

Personal Injury Lawsuits: Step by Step

When you suffer a personal injury as a result of someone elses negligence, you may be entitled to some sort of compensation. To receive this compensation, you will generally file a personal injury lawsuit.

Stages of a Typical Personal Injury Case

First, you will meet with a personal injury lawyer, who will evaluate your case and determine the likelihood of winning any compensation for you. This first meeting, called an initial consultation, is usually free.

You will need to share the details of your accident with the personal injury lawyer. He or she will then assess your case to determine whether you are legally entitled to damages (the legal word for compensation) under your state's personal injury law.

If the lawyer agrees to take your case, he or she will usually do so on a contingency basis. That means you pay no money up front, but the lawyer keeps a percentage of the compensation he or she gets for you from the negligent party that caused your injury.

The lawyer will then draft a complaint, which is the legal term for the papers that are filed with the court to begin a personal injury lawsuit.

Once the complaint is filed, your lawyer and the lawyer for the other party will begin a sometimes lengthy process known as discovery. This is where each side tries to find out as much information as they can about the accident that prompted your lawsuit. This can include asking for your medical records, information from your employer and other relevant information about you. At the same time, your lawyer will ask for information about the party that caused your injury.

As part of discovery, you may be asked by the other side to give a deposition. You will be asked a series of questions by the opposing lawyer. Some of the questions will be about the incident that gave rise to your injury, while others will be about your personal history. Expect to answer questions about any previous injuries or illnesses you have had, as well as your work history and other issues.

After the evidence has been gathered, each side will usually file motions with the court. These can be anything from a request for the court to dismiss the case to merely asking that some evidence be excluded from the trial for various reasons.

After the court has ruled on the motions, the parties may be required by the court to have at least one session with a court-approved mediator to try to settle the case before trial. Regardless of whether you actually meet with a mediator, your lawyer and the defendant's lawyer will undoubtedly be talking periodically throughout the case to see if they can reach a settlement agreement.

Going to Trial in a Personal Injury Lawsuit

If you and the other party fail to settle the case out of court, the court will schedule the case for trial. Because courts are very busy, your trial date could be months away. Once the trial begins, there will usually be a jury that decides whether you are entitled to any compensation and, if so, how much.

If you win the case and are awarded compensation, you then have to collect it. If an insurance company is required to make the payment on behalf of the losing party, you may have to sign many documents before the check is cut. If the compensation is to be paid by an individual, your lawyer may have to pursue seizing that persons bank accounts or garnishing his or her wages if he or she is unable or unwilling to pay up right away.

Many personal injury lawyers agree that it is often better to settle a case before trial than to go through this sort of lengthy process. Thats a decision you and your lawyer will make together.

To view the original article go to www.attorneys.com/

What affects a Personal Injury Claim?

Personal injury claims help drivers and passengers receive compensation for injuries they suffer in auto accidents; however, several factors can affect the amount of compensation received and the time it takes to receive it.

Factors Personal Injury Claims Adjusters Will Review

First, note that you can shorten the amount of time to have your claim settled if you contact your auto insurance company as soon as possible after you are in a car accident. Your company will assign you a claims adjuster who will get the claims process moving.

Factors that the claims adjuster will review include:

• The police report (and whether you obtained a copy). The report will provide specific accident-related details, and will list the investigating officer’s name and badge number. It is not uncommon for insurance company claims adjusters to contact investigating police officers to confirm statements that injured parties make on claims.

• Whether or not―and how quickly―you sought medical attention. Visit the emergency room or your physician as soon as possible after an accident.

• Whether or not injuries you suffered post an auto accident were pre-existing. If you had existing injuries or health conditions prior to the accident, ask your physician to take new x-rays or ultrasounds of those injured areas. Comparisons in the pre-accident scans and the post-accident scans can help to show that the accident did in fact cause additional damage to the area.

• DUI/DWI charges and other citations related to the accident.

• Statements that you make to other drivers or passengers after the accident. Keep in mind that although your emotions might be intense following a car accident, you should avoid making promises or statements of blame.

• Witness testimonies.

• Photographs taken of the accident scene.

• Records and documents that validate the number of days and wages you lost due to the accident.

• Personal injury limits written into your car insurance policy.

When to Hire a Personal Injury Attorney

More often than not, it's best to hire a personal injury lawyer. These lawyers have experience dealing with auto insurance companies and auto claims adjusters and can help you properly file your claim as well as increase the amount of money you're reimbursed and decrease the amount of time you spend waiting for compensation.

Several auto accident attorneys have websites that you can access to complete personal injury evaluations free of charge, but also be sure to talk with family members, friends, neighbors, and co-workers who've hired personal injury lawyers in the past.

To view the full article go to http://www.dmv.org/

In Cleveland, two DePuy ASR lawsuits have been added to the growing number of complaints involving the controversial hip implants. The plaintiffs withdrew from a medical monitoring class action in order to file the personal injury lawsuits, citing recent revision surgeries as the reason for their change of tack.

The men are two of 13 plaintiffs from Indiana and Illinois who filed a class action lawsuit in the U.S. District Court for the Central District of Illinois in November 2010. The complaint sought to cover the costs of medical monitoring rather than win monetary damages for those involved, but none of the plaintiffs had been forced to undergo revision surgery at the time. In their June 12 motion to withdraw from the class action, the pair stated that their hip replacements had since failed, requiring replacements in February of this year. They have now filed their own DePuy hip personal injury lawsuitin Illinois state court.

A similar motion relating to two female plaintiffs was granted last November by Judge David Katz, who is overseeing the coordinated DePuy ASR lawsuits in the U.S. District Court for the Northern District of Ohio as part of a multidistrict litigation (MDL 2197).

More than 10,000 DePuy ASR lawsuits pending

All over the country, state and federal courts are processing in excess of 10,000 DePuy ASR lawsuits. Each lawsuit makes similar allegations about the high-failure rate of the metal-on-metal hipreplacements and their propensity to cause metallosis (metal poisoning) in recipients. The legal drama surrounding the implants grew more intense after DePuy’s parent company Johnson & Johnsonwithdrew the ASR system from the market in August 2010, in what appeared to be a tacit admission of culpability.

The DePuy ASR recall was prompted by research data showing a failure rate of 1 in 8 devices – considerably higher than with traditional implants. Some medical experts have estimated the failure rate to be even higher – perhaps as high as 30% over the course of six years (versus the ten years of life expected from traditional hip implants). By the time the  recall was conducted, around 90,000 patients had been implanted with the system worldwide.

FDA’s approval process implicated in DePuy ASR lawsuits

The FDA’s 510k ‘fast-track’ approval process has been cited in multiple lawsuits. The  process allowed a number of metal-on-metal implants – including the ASR DePuy hip replacement – to be granted swift approval due to a substantial similarity to pre-existing devices. DePuy was allowed to bypass clinical trials which might have demonstrated the high risk of early failure.

In the wake of negative publicity surrounding metal-on-metal implants, the FDA issued new guidelines to physicians demanding that the devices only be used when there is no alternative, and that close attention is paid to recipients. Additionally, the FDA has ordered manufacturers to prove the safety and efficacy of existing systems, and to undergo rigorous clinical trials before releasing any new products.

DePuy ASR lawsuits consolidated in NJ

Earlier this year, more than 600 DePuy ASR lawsuits were consolidated into a multi-county litigation (MCL). The proceedings are being overseen by Judge Brian R. Martinotti in the Superior Court of New Jersey for Bergen County. The first bellwether trial, designed to identify jury decisions and other potential outcomes of the MCL, is scheduled to begin October 21.

The MDL in Ohio is scheduled to hear its first bellwether trial on September 9. The only predictors for both sets of proceedings are the first two DePuy lawsuits heard in state courts. In one, the plaintiff was awarded an $8.3 million jury verdict, but the other case resulted in a defense victory for DePuy. 

To read more, please refer to:

http://injurylawyer-news.com/2013/08/two-medical-monitoring-cases-dropped-favor-personal-injury-depuy-asr-lawsuits/

Write a Winning Demand Letter

The demand letter is the centerpiece of the insurance claim negotiation process. In it, you set out to the insurance company your strongest arguments concerning:

• what your injuries were and are
• why the other person is legally responsible for your injuries
• what your medical treatment was and how much it cost
• what your income loss was
• what other damages you suffered, and
• why you qualify to make a claim against someone else under no-fault automobile insurance, if that applies. (For detailed information about no-fault automobile claims, see How to Win Your Personal Injury Claim, by Joseph L. Matthews (Nolo).)

Your letter should conclude with a demand on the insurance company for a lump sum to settle your entire claim.

What to Emphasize in Your Demand Letter

Before beginning to write your demand letter, review your notes from the days and weeks following the accident to remind yourself of the details -- your pain, discomfort, inconvenience, disruption of life, and medical treatments. (See Take Notes After an Accident or Injury.) Then concentrate on the following elements as you draft your letter.

Liability

Start by describing how the accident happened and why the insured person was at fault. In plain language, briefly describe where you were and what you were doing immediately before the accident, then how the accident occurred.

You should also mention any outside support you have for your theory -- such as a police report, building code section, or eyewitnesses' statements.

Comparative Negligence

In many accidents, there is some question about whether your own carelessness contributed to the accident even though the other person was primarily at fault. Raise this issue in your demand letter by denying that you were at all at fault. (For information about how your own carelessness may affect your insurance claim, and to learn the basic rules of comparative negligence, seeProving Fault in Personal Injury Accidents: General Rules.)

Even if you believe that you might have been partly at fault for the accident, do not admit any fault in your demand letter. Although you must consider your own carelessness in deciding what a fair settlement is, it is not your job to make comparative negligence arguments for the insurance company. If and when an insurance adjuster brings up the subject during settlement negotiations, you can debate the question then.

Your Injuries and Treatment

Describe your injuries and treatments -- and don't be shy. Emphasize your pain, the length and difficulty of your recovery, the negative effects of your injuries on your daily life, and any long-term or permanent injury -- especially if it is disabling or disfiguring, such as permanent stiffness, soreness, or scarring.

Of course, you shouldn't make things up or be overly dramatic. Insurance companies will turn a deaf ear to claims they believe are false. Use appropriate medical terms wherever possible -- for example, "narrowing of disk spacing" rather than "strained back."

Medical Expenses

Include a complete list of each medical provider who treated you and the total amount charged by each.

Lost Income

Make a brief statement of the amount of time you missed from work because of your injuries, and refer to whatever letter you have from your employer verifying your pay and missed time. If you are irregularly or self-employed, explain how you arrived at the total figure for lost income.

Other Losses

If you suffered extra or unusual discomforts, embarrassments, inconvenience, or losses as a result of your injuries, mention them in your demand letter.

Your Settlement Demand Figure

In the last paragraph of your letter, demand a specific sum of money as total compensation for your pain, suffering, lost income, and other losses. Set out a figure that is higher than what you think your claim is actually worth (a general rule is 75% to 100% higher than what you would be satisfied with); this allows you some room to negotiate with the insurance adjuster. (For help determining the settlement demand figure, see Nolo's article How Does an Insurer Value an Injury Claim?)

Attach Supporting Documents

Along with your demand letter, send the insurance company copies of documents, records, letters, bills or other writings supporting the things you describe in your letter. (Keep all originals for your own files.)

Personal Injury Settlements - Is it worth it?

If you're considering filing a personal injury lawsuit over a car accident, slip and fall, or any other kind of injury, you may be wondering "What is my case really worth?" The answer comes down to "damages" -- figuring out what your injuries have cost you monetarily, physically, and mentally (and, in some cases, whether the defendant's conduct should be punished).

In a personal injury case, money damages are paid to an injured person (the plaintiff) by the person or company who is found to be legally responsible for the accident (the defendant or their insurer). A damage award can be agreed upon after a negotiated settlement -- among the parties, their insurance companies, and their attorneys, for example -- or may be ordered by a judge or jury following a court trial. (To learn more about how insurance companies value a claim after an accident, see Nolo's article How Do Insurers Value an Injury Claim?)

Below you'll find an explanation of the different kinds of damages that are common in many personal injury cases and how a personal injury damages award can be affected by the plaintiff's action (or inaction).

Compensatory Damages in Personal Injury Cases

Most personal injury damages are classified as "compensatory," meaning that they are intended to compensate the injured plaintiff for what was lost due to the accident or injury. A compensatory damages award is meant to make the injured plaintiff "whole" again from a monetary standpoint (to the extent that's possible). This means trying to put a dollar figure on all the consequences of an accident. Some compensatory damages are relatively easy to quantify -- like reimbursement for property damage and medical bills. But it's harder to place a monetary value on pain and suffering or the inability to enjoy hobbies because of physical limitations caused by lingering accident-related injuries.

Here's a rundown of the different types of compensatory damages that are common in many personal injury cases.

Medical treatment. A personal injury damages award almost always includes the cost of medical care associated with the accident -- reimbursement for treatment you've already received and compensation for the estimated cost of medical care you'll need in the future because of the accident.

Income. You may be entitled to compensation for the accident's impact on your salary and wages -- not just income you've already lost but also the money you would have been able to make in the future, were it not for the accident. In personal injury legalese, a damage award based on future income is characterized as compensation for an accident victim's "loss of earning capacity."

Property loss. If any vehicles, clothing, or other items were damaged as a result of the accident, you'll likely be entitled to reimbursement for repairs or compensation for the fair market value of the property that was lost.

Pain and suffering. You may be entitled to get compensation for pain and serious discomfort you suffered during the accident and in its immediate aftermath -- also for any ongoing pain that can be attributed to the accident.

Emotional distress. Usually linked to more serious accidents, emotional distress damages are meant to compensate a personal injury plaintiff for the psychological impact of an injury -- including fear, anxiety, and sleep loss. Some states consider emotional distress as part of any "pain and suffering" damage that is awarded to a personal injury plaintiff.

Loss of enjoyment. When injuries caused by an accident keep you from enjoying day-to-day pursuits like hobbies, exercise, and other recreational activities, you may be entitled to receive "loss of enjoyment" damages.

Loss of consortium. In personal injury cases, "loss of consortium" damages typically relate to the impact the injuries have on the plaintiff's relationship with their spouse -- the loss of companionship or the inability to maintain a sexual relationship, for example. Some states also consider the separate impact on the relationship between a parent and their child when one is injured. In some cases, loss of consortium damages are awarded directly to the affected family member rather than to the injured plaintiff.

Punitive Damages in Personal Injury Cases

In cases where the defendant's conduct is deemed particularly egregious or outrageously careless, a personal injury plaintiff may be awarded punitive damages on top of any compensatory damages award. Punitive damages stem from a rationale thats quite different from the justification tied to compensatory damages, which is to attempt to "make someone whole."

Punitive damages are awarded to the injured plaintiff, but the real goal of these kinds of damages is to punish the defendant for its conduct -- to hit them in the pocketbook -- and to act as a deterrent. Since it isn't unusual for punitive damage awards to top tens of millions of dollars, most states have set some type of cap on punitive damage awards in personal injury cases.

How Plaintiff's Actions (or Inaction) Can Affect a Damages Award

In some cases, an injured person's role in causing an accident -- or their inaction after being injured -- can diminish the amount of damages available in a personal injury case.

Comparative negligence. If you're at fault (even partially) for the accident that caused your injuries, chances are that any damage award will reflect that. That's because most states adhere to a "comparative negligence" standard that links damages to degree of fault in a personal injury case.

Contributory negligence. In the small handful of states that follow the concept of "contributory negligence" for personal injury lawsuits, you may not be able to recover any compensation at all if you're deemed partially to blame for the accident.

After the accident: failure to mitigate damages. The law in most states expects plaintiffs in personal injury cases to take reasonable steps to minimize or "mitigate" the financial impact of the harm caused by the accident. If an injured plaintiff just sits back and rests on their proverbial laurels when it isn't reasonable to do so (by failing to get necessary medical treatment after an accident, and making their injuries much worse, for example) a damage award might be significantly reduced. (For more information on defense strategies that can counter an injury claim, read Nolo's article Defenses in Personal Injury Cases.)

To see the full article go to nolo.com

Wrongful Death Lawsuits

What is Wrongful Death and What are Some Examples of it?

Wrongful death is when someone dies or passes away as a result of someone else’s negligence or wrong doing. For example, a piece of machinery malfunctions and then someone gets injured and later dies. Or a car wreck happens and a person gets killed. Or an individual is inappropriately prescribed medication and dies as a result.

Who can sue for wrongful death?

The family or more specifically, the next of kin or the surviving spouse, of the deceased loved one can sue for wrongful death.

What is the difference between wrongful death and murder?

Wrongful death can be a murder. If someone kills a loved one, you can definitely sue them for civil damages and that would be a wrongful death suit in itself. You could also sue someone for negligence concerning a wrongful death. So wrongful death can run the gamut from an intentional act to an accidental one caused by
recklessness or negligent action.

How is the amount of damages awarded determined?

It varies according to the circumstances of the case. Courts try to make up for the damage by making the injured party whole and helping that person come back to 100% recovery. Damages can therefore cover anything from:

lost wages
loss of future income
any other monetary losses suffered as result of injury
pain and suffering

What information should I prepare for a wrongful death suit and what should I bring to the attention of an attorney?

In preparing for a wrongful death suit, make sure you have the following information:

the facts and circumstances surrounding the incident
the names of any witnesses
the description of any evidence that remains connected to the scene of the wrongful death

Can I sue for pain and suffering incurred by the person who died?

Yes, but it would depend on the time of the injury and how long that person endured the pain and suffering.

What is the difference between civil and criminal cases that can be brought forward regarding a wrongful death?

A wrongful death in a criminal case would actually be called a murder or manslaughter. In a civil case, a wrongful death is when somebody dies because of the wrongful act or negligence of another. If someone murders a loved one, you can indeed sue that person. The family of Nicole Brown Simpson, for example, sued their daughter’s ex-husband O.J. Simpson for exactly such a situation and received damages for it.

Are punitive damages recoverable in a wrongful death action?

Yes. Punitive damages are recoverable in wrongful death actions when they can be shown to deter wrongful acts from occurring again.

Is there ever a situation where a plaintiff need not consult with an attorney for a wrongful death?

No. This is because the insurance companies that figure in wrongful death cases are businesses. As such, they are set up to be as efficient and economical as possible and will do everything in their power to make sure that they pay you the minimum amount of money allowable.

If you don’t get an attorney and decide to deal with an insurance company on your own, it’s a little like going into court and trying to be your own lawyer: the chances of you succeeding are slim.

To view the full article visit http://www.barrera-lawfirm.com/what-is-wrongful-death-and-what-are-some-examples-of-it/

Workplace Injury: When You Can Sue Outside of Workers' Compensation

If you've been injured in the workplace, you've probably been told that the only compensation you can receive will come from your employer's workers' compensation insurance. Although this is the general rule, there are many exceptions -- situations in which you may be able to sue for damages caused by your injuries. For example:

• If you were injured by a defective product, you might be able to bring a products liability action against the manufacturer of the product.
• If you were injured by a toxic substance, you might be able to bring a toxic tort lawsuit against the manufacturer of that substance.
• If you were injured because of your employer's intentional or egregious conduct, you might be able to bring a personal injury lawsuit against your employer.
• If your employer does not carry workers' compensation insurance, you might be able to sue your employer in civil court or collect money from a state fund.
• If a third party caused your injury, you might be able to bring a personal injury lawsuit against that person.

Although workers' compensation can provide money and benefits to an injured worker, temporary disability and permanent disability payments are usually quite low and don't compensate the worker for things like pain and suffering. Workers' compensation also does not provide punitive damages to punish an employer for poor safety controls or dangerous conditions. That's why it's important for injured workers to understand their rights to bring a case outside of the workers' compensation system.

In addition to the lawsuits described in this article, you might obtain additional money from government benefits such as Social Security disability insurance (SSDI or SSI) if your injury is disabling and prevents you from working. For more information, see Nolo's article on Social Security Disability Benefits.

If You Were Injured by a Defective Product

When a worker is injured by a machine or piece of equipment that is defective, failed to work properly, or is inherently dangerous, the manufacturer of the machine or equipment can be held responsible for the injury if it knew of the danger and/or didn't properly warn the business or employees of the danger. In such a situation, the manufacturer would have to compensate the worker for things like medical bills, lost wages, and pain and suffering.

Example:

Bill works in a factory that produces office products. His job is to operate a punch press that punches holes in boxes. One day, when Bill puts his hand into the press to adjust a box, the foot pedal that he uses to stop the press sticks, and the press crushes three of his fingers. His fingers are no longer usable after the accident. Bill can collect workers' compensation from his employer, and he also has a possible products liability case against the manufacturer of the defective press.

If you have been injured by an unsafe machine or other equipment in your workplace, consider talking to an attorney about your rights. You can also file a complaint with the Department of Labor's Occupational Health and Safety Administration if there have been unsafe conditions (for more information, see Nolo's article OSHA: Complying With Workplace Health and Safety Laws), in addition to filing a workers' compensation claim. This is a particularly important step to take if your employer is still requiring you or other employees to use the equipment.

If You Were Injured by a Toxic Substance

Sometimes the chemicals and other substances that workers use are toxic and cause severe injuries and illnesses. These substances can include such things as asbestos, benzene, chromium compounds, silica, and radium, but any substance that harms you could possibly be the subject of a lawsuit for a "toxic tort."

Generally speaking, there are two kinds of toxic injuries: acute injuries are apparent immediately, while latent injuries may take years to appear. Examples of acute injuries include chemical burns and poisonings. Examples of latent injuries include cancers and lung diseases. Because of the time delay, latent injuries tend to be more difficult to prove than acute ones, but these cases are not impossible. Workers have been successful in lawsuits brought years after their exposure to the toxic substance. (In particular, workers who suffer from asbestosis or mesothelioma almost always succeed in lawsuits because the causation between exposure to asbestos and asbestosis and mesothelioma has been proven in many lawsuits. For more information, see Nolo's article Mesothelioma and Asbestos: An Overview.) When a worker is injured by a toxic substance, the worker can usually sue the manufacturer of the toxic substance and any manufacturers of safety equipment that proved to be ineffective in the handling of the toxic substance.

If you have been injured or sickened by a toxic substance, talk to an attorney about your legal rights. Especially if a great deal of time has passed between your exposure and your injury or illness, you will need the assistance of an expert to help you sort out the complicated issues involved. And even if the toxic injury was recent, an attorney can probably get you the best settlement for your injury. To find a personal injury lawyer who handles toxic substances, see Nolo's Lawyer Directory (when you view a personal injury lawyer's profile, click the "Types of Cases" and "Work History" tabs to learn about a particular lawyer's experience, if any, with toxic torts and workplace injuries).

If the toxic substance is continuing to make the workplace unsafe for your or others, consider taking the additional step of filing a complaint with the Occupational Safety and Health Administration (OSHA).

Personal Injury Claims: When You Need a Lawyer

For certain personal injury claims -- such as those for severe injuries, malpractice, or toxic exposure -- you'll want to consult a lawyer.

 Sometimes, the skills of an experienced personal injury lawyer -- or at least the threat to an insurance company that such a lawyer may present -- are worth the money you must pay that lawyer to represent you. You may need a lawyer because of complex legal rules involved in your particular claim, or because the severity of your injuries might cause your compensation to vary greatly from the norm -- or simply because an insurance company refuses to settle a matter in good faith. The following types of injuries and accidents almost certainly require a lawyer's help.

Long-Term or Permanently Disabling Injuries

Some accidents result in injuries that significantly affect your physical capabilities or appearance for a long time -- over a year -- or even permanently. Figuring out how much such a serious injury is worth can be a difficult business. You'll probably require some assistance from an experienced lawyer to get the most out of your claim.

Severe Injuries

The amount of your accident compensation is mostly determined by how severe your injuries were. And the severity of your injuries is measured by the amount of your medical bills, the type of injuries you have, and the length of time it takes for you to recover. As the amount of your potential compensation increases, the range within which that compensation may fall becomes wider. In such cases, it may be worth the expense to have a lawyer handle your claim and make sure you receive compensation at the highest end of the range.

Medical Malpractice

If you have suffered an injury or illness due to careless, unprofessional, or incompetent treatment at the hands of a doctor, nurse, hospital, clinic, laboratory, or other medical provider, both the medical questions and the legal rules involved are complex. They almost certainly require that you hire a lawyer experienced in medical malpractice cases.

Toxic Exposure

In the increasingly chemical world, we sometimes become ill because of exposure to contaminants in the air, soil, or water, in products, or in food. Claims based on such exposure are difficult to prove, however, and often require complex scientific data. And because the chemical and other industries have erected a huge wall to protect themselves from legal exposure while they continue to expose us to potentially harmful chemicals, the required evidence is very hard to come by. Get expert help.

When an Insurance Company Refuses to Pay

In some instances, regardless of the nature of your injury or the amount of your medical bills and lost income, you will want to hire a lawyer because an insurance company or government agency simply refuses to make any fair settlement offer at all. In these cases, something -- what the lawyer can get minus the fee charged to get it -- is better than nothing.

Finding a Good Personal Injury Lawyer

One good way to find a lawyer is to ask friends, acquaintances, or other lawyers for referrals -- and then interview the candidates. In addition, Nolo provides a personalized Lawyer Directory with information about each lawyer's experience, education, and fees, and perhaps most importantly, the lawyer's general philosophy of practicing law. By using Nolo's directory you can narrow down candidates before calling them for a phone or face-to-face interview. For more details on locating and selecting a good personal injury lawyer, read Nolo's article on Finding a Personal Injury Lawyer.

Slipping and Falling, Tripping and Bawling

In the less than black and white world of legal definition, a trip and fall case may not be entirely cut and dry. There are innumerable variables to each case, such as negligent ownership, personal risk, and lack of forethought.

"Trip and fall" is a term utilized for a private harm case in which an has an unfortunate slip and fall, and is harmed on another person property. The aforementioned cases as a rule fall under the broader classification of cases reputed to be liability claims, in light of the fact that trip and fall mischances normally happen on property (or "premises") claimed or supported by another person, and the possessor or holder of the property may be considered legally at fault.

Perilous conditions for example ripped carpeting, holes in deck, abject lighting, crooked stairs, or a slippery floor can make somebody to slip and harm him or herself inside an edifice. Different occasions of trip and fall episodes can happen when individuals outing on broken or split open pavements, or trip and fall on stairs or lifts. Moreover, a slip and fall case may emerge when somebody slips or trips and falls due to rain, ice, snow or a concealed risk, for example a pothole in the ground.

There is no exact method to verify when another person is legally accountable for your accidents depending on if you slip or trip. Every case turns on if the property holder acted precisely with the goal that slipping or tripping was not liable to happen, and if you were indiscreet in not seeing or escaping the condition that brought about your fall. Here are some general statutes to help you choose whether another person was at issue for your slip or trip and fall harm.

By and large, an individual harmed in a slip and fall on another person property must demonstrate that the explanation for the mischance was a "hazardous condition", and that the holder or owner of the property knew of the unsafe condition. An unsafe condition must present a nonsensical hazard to an individual on the property, and it should have been a condition that the harmed gathering ought not have expected considering the present situation. This recent necessity infers that individuals must be cognizant of, and dodge, apparent dangers.

For a property holder or owner to be held responsible, it should have been obvious that his carelessness might result in a dangerous situation. Case in point, if a canister of fluid falls to the ground and spills into a walkway in a grocery store and, one day later, the store has not recognized or tidied up the spill, and somebody slips in the liquid and is harmed, one may contend it was apparent that the store's carelessness in cleaning up its aisles and tidying up spills might bring about somebody slipping and harming himself on a spilled item.

All in all, slipping or tripping and falling is a broad legal term, with a multitude of variables left only to the scrutiny and judgement of a court of law. In any falling injury case, there are guaranteed to be many arguments made by both plaintiff and defendant that simply cannot be verified.

What Do if you Suffer an Injury?

Suffering an injury can cause huge problems in a victim's life. Being injured in a way that somebody else was at fault can cause people to lose the ability to work, end up with expensive medical bills, have to deal with serious pain, and suffer mental anguish. However, there are ways that those who have suffered a personal injury can go about getting recompensed for what happened to them. Those who want to get some of the best legal advice should go through ks-law.com and find all of the information that they need.

These are great people to contact in the case of hit and run, as well as other automobile cases. Being a victim in a car accident can be terrifying, but getting a good lawyer can help make the process a little bit easier. Anybody involved in an accident like this should be sure not to leave the scene of the crime. This will make it easier to prove exactly what happened in court. A good lawyer can help a person who has been injured in an accident involving a car can help get a vehicle repaired, get money for the pain and suffering they've endured, and get all of their medical bills paid.

Slip and fall accidents can also end up causing serious damage to a person. These are often caused by a business or government agency failing to make sure that their premises are safe. A good lawyer can make sure that those who have been involved in a slip and fall get all of the compensation that they deserve. A good law from ks-law.com will know exactly how to get all of the medical bills paid for, and make sure that victims get some money for their pain and suffering.

Those who have been injured should be sure to seek medical attention right after the event. Not going to see a doctor right after the accident can make it harder to prove that the injuries were sustained from that particular accident. Also, it can help to take pictures of the injuries as soon as they happen. In addition, in the case of a slip and fall it can really be helpful later to prove that the building was unsafe. In the end, getting as much direct evidence of what happened right after the accident happened is a great way to prove in court why the injury was suffered. 

Suffering a personal injury is serious, and getting legal help to work through it is important. Ks-law.com is a great place to go get legal advice and help with a personal injury law case. There are so many different kinds of cases that people can help compensation for, and calling a lawyer is the best way to find out what can be done.

Injury Law Experts

One of the most heavily defended cases in civil litigation today is any case involving injuries suffered due to slipping and falling while on property belonging to another individual whether it be private or commercial. They are known as “Slip and fall” or “Slip and Trip” cases and happen quite often leaving the victim and their families in a financial turmoil if not settled quickly. Unfortunately for most victims of these type cases, they’re rarely settled without court litigation. 

It is for that reason that the hiring of an experienced personal injury attorney is critical in the handling of such cases. One of the more common mistakes made by individuals who have suffered from slipping or falling and sustaining injury as a result is the carrying on of communications between themselves or family member with lawyers or insurance companies representing interest of the property owner in which the accident took place. This is the absolute worst thing that could ever be done as it typically results in the victim receiving very little financial help, or any at all in some cases.

What neglect to realize is how the insurance company and/or attorneys for the plaintiff are counting on the victim to allow an open line of communication in order to try and convince the victim to accept a small check in return for signing a waiver exonerating their client from any further legal action or financial responsibilities? Too many injured victims do this and later, when complications as a direct result of these injuries occur the victim has no recourse in obtaining help from legal remedy.

It is not always simply medical expenses that create such burdens upon the victim of these slip and fall cases. Quite often it means loss of work while recovering from the injury sustained and the responsibilities that suffer as a result. While recovering from these injuries, time can sometimes be the victim’s enemy and daily finances, as well as quality of life must take a standstill. Things such as paying electric bills, water bills, phone bills and even buying groceries can become as stressful as the medical expenses themselves.

The Law Offices of K/S have been handling cases such as these for years and have experience in taking on insurance companies and opposing law firms representing the interest of department stores, workplaces, schools, grocery stores and even private land and property owners. K/S Law Offices are in no way intimidated by the heavily defended cases involving slip and falls and will advocate the client’s best interest in all regards to ensure that they and their families will receive every penny that is owed to them. 

If you or someone you know becomes the victim of a slip and fall due to the negligence of property owners whether it is commercial or private, never talk to the insurance company or the plaintiff’s attorneys. Call or contact K/S Law Offices and allow them to represent the case to ensure that any financial responsibilities are not left for you to stress over.

KS-Law Injury Compensation

The attorneys at KS-Law have been aggressively protecting the rights of citizens for years. many times, individuals who suffer an injury deserve some kind of financial compensation. Insurance companies these days have strong and aggressive lawyers that protect the insurance companies financial assets.You deserve to have a strong attorney in your corner, who will fight for your right to be compensated. We handle many types of automobile accidents including hit and run cases and many different forms of uninsured Motorist Claims.

We have experience representing Florida residents in all forms pf personal injury cases. This includes auto accidents, slip and fall, liability of products, dog bites, cruise ship accidents, and other work related accidents. We are experienced and reliable in the litigation process and will handle your court case professionally and effectively.

For any injury - be sure to call to professionals at KS-Law.