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How Do You Prove Wrongful Death?

Experienced Attorney A wrongful death is a term used to describe the death of a person that was caused by either an intentional act (such as murder), recklessness or negligence of another person or entity. The people who file a wrongful death suit are usually the immediate family or next of kin to the deceased. They are often seeking damages for financial damages as well as emotional damages that have resulted from the death of their loved one. Some Common Causes of Wrongful Death Birth injuries Product defects Medical malpractice Automobile, motorcycle or commercial vehicle accidents Occupational hazards Premises accidents Criminal actions like shooting, stabbings, blatant violence Supervised accidents (School field trips, day cares, nursing home accidents) One thing that sets a wrongful death suit apart from a criminal case is that the burden of proof is lower–you do not have to prove that the defendant is guilty beyond a reasonable death; rather, the lawsuit must be won on the preponderance of evidence. In other words, the evidence is about quality rather and quantity. When attempting to prove that a person’s death was wrongful as defined by the law, loved ones must file claim or lawsuit and prove the following elements. This is where it could be helpful to have an experienced wrongful death lawyer on your side. Negligence: The loved ones pursuing the case must prove that the death of their family member was caused by the negligent or careless actions of the defendants. Breach of Duty: It is not enough to simply prove that the defendant was negligent. In order to prove a wrongful death claim, the plaintiffs must prove that the defendant owed the decedent a duty. For example, if a family is suing for the wrongful death of their loved one who was killed in a car accident, it must be proven that the driver who caused the accident did so because they were being careless on the road or were breaking traffic laws. Once it is proven that the duty existed, it must be proven that it was breached. Causation: Once the breach of duty is proven, the plaintiff and their legal team must prove how the defendant’s negligence actually caused their loved one’s death. Damages: Then it must be proven that the death of the victim has generated damages such as medical expenses from the decedent’s injuries, the pain and suffering of the...
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One Dead and Six Hurt in Deadly NYC Pedestrian Accident

Experienced Attorney Six people were injured, and one person has died in a deadly pedestrian accident in the Chinatown district of Manhattan, reports the New York Times (https://www.nytimes.com/2018/11/26/nyregion/chinatown-car-crash.html). According to reports, a driver was trying to park a minivan in the area when he went over a curb and onto the sidewalk, injuring six people and killing a 56-year-old man. At least two of the victims had serious injuries that were not life-threatening, while another two were in critical condition. First responders and police responded to the call just before 7pm at the corner of Forsyth and Canal Streets, which was the result of a 70-year-old man trying to park his minivan and accidentally hitting his gas instead of his brakes, which caused him to go over the curb, smash two fruit carts and strike seven people. The names of the victims were not immediately released, but the police said that the driver was Henry Herman from Monroe, NY. Herman remained at the scene of the accident, and the authorities do believe it was accidental. He has since been arrested and charged with one count each of driving on a sidewalk, unsafe reversing of a vehicle and failure to exercise due care, along with one count each of failure to yield to a pedestrian per victim. Herman and his passenger were also among those injured, but they refused medical attention at the scene, according to authorities. About one hour after the accident, Herman’s minivan remained on the scene, half on the street and half on the sidewalk. Just behind it was a body that was covered with a cloth. Thirty-two-year-old Jin Lin said she happened to be walking by when the crash happened just ten feet from her. According to Lin, the van backed up very quickly, which surveillance video footage of the accident later confirmed. Lin called 911 after witnessing the accident, but the person who perished had already stopped breathing before the paramedics arrived. The New York Post recently reported that despite the accident, Herman still has his license and is allowed to drive (https://nypost.com/2018/11/27/driver-who-allegedly-killed-man-in-chinatown-can-still-drive-dmv/). According to the state’s motor vehicle department, Herman has no previous accidents on his record, and his license is still valid. He was freed shortly after he was charged but is still due to appear in criminal court. The motor vehicle department was unable to say whether Herman’s license will be revoked...
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What should I know about an independent medical exam?

Experienced Attorney Attorneys have found that a large number of people are asked to attend an independent medical exam. A car accident lawyer believes there is nothing independent about these exams. In fact, the insurance company is trying to defeat what you are claiming by hiring a doctor to perform their own review of your injuries. Chances are the same doctor has been used in many other cases before yours. It’s disheartening to learn about doctors who do this, but what’s important to understand is that a good car accident lawyer can help you to get through this. Independent Medical Exam Tips from an Experienced Law Firm Take a Friend With You It is important you bring a friend or family member to your independent medical exam. This person can act as a witness who will be able to support your own version of events on what happens from the moment you check in for your appointment. Make Notes As soon as you arrive, write down the time. Also take notes about how long you waited, the time you spent with the doctor, and what time you left. It is not uncommon for IME doctors to ask you to wait 30 minutes to two hours before seeing you. Later on, the doctor may claim, even testify, they spent hours with you to ensure you were given proper attention. Your notes can counter this claim. Be Weary of any Paperwork You Are Asked to Complete When you arrive at the IME doctor’s office, you may be asked to fill out paperwork which may ask a number of questions about the accident or your previous medical history. A car accident lawyer might advise against filling this paperwork out. This is because it is likely the doctor already has your medical records, which were provided by the insurance company.  Forms like these may be used as an attempt in getting you to write something that you previously forgotten or did not include. Do Your Best… If the IME doctor asks you to perform a test or task, do your best and make sure you are honest with your effort and your words. Tests that attempt to prove you’re exaggerating or putting on a show may be used. This is why it’s important to relax and be honest. Ask a Lawyer to Videotape the IME If you have a car accident lawyer, and...
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Wintertime Road Safety Tips

Experienced Attorney Winter driving can be risky, so it’s a good time to review some simple ways to stay safe, as a car accident lawyer Chicago, IL offers knows well.  Make sure your car contains some salt, a small shovel, small bag of kitty litter, flares, a blanket, jumper cables in case of emergency.  Make sure your car is well maintained, and has proper snow (or all season-tread) tires. Often the places who have installed your tires will rotate them for free or low cost. This allows tires to wear evenly and gives you more traction on icy roads. Now that so many holiday errands can be done online, consider getting in the carless. This is an especially good idea when it has recently been raining after ice or hail or a large snowfall.  Allow plenty of time for plows and salt trucks to make the roads safer, and enjoy relaxing in the warmth of your home if errands aren’t essential. When driving in ice or snowy conditions, it’s important to leave a substantial amount of space between you and the car in front of you. A general guideline to use the six-second rule, meaning that when the car in front of you passes a fixed point in the road, it should take you six seconds before you pass that samepoint. Yes, this takes patience, but is worth it in order to prevent a potential auto accident if the car in front of you skids or suddenly stops. If you are the one who’s being tailgated too closely by the car behind you, change lanes to stay safer. It’s especially key during the winter months, to relax your driving, avoid rushing and give others their space.Some simple centering and relaxation skills like diaphragm breathing or listening to soothing music in car can help. Distracted driving has been shown to be as risky as driving under the influence of alcohol. Avoid both by putting cell phones away and take a taxi or download ride for hire apps on phone ahed to be ready when you’ve been celebrating with alcohol this holiday season. Illinois is one of the top DUI arrest states in the nation, don’t risk it!   Thank you to our friends and contributors at The Law Offices of Konrad Sherinian, LLC for their insight into car accident claims and wintertime safety...
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