Types of Accidents
Accidents happen. That is a fact of life. No matter how careful you are, something can go wrong sometime, somewhere. You may find yourself in a situation that can result in an injury.
Whether the injury is serious or not, getting yourself involved in an accident can be devastating. If you were in an accident, you may be entitled to compensation. There are many different kinds of accidents. You need to know what you are entitled to or whether you are entitled to compensation. This is to help you make a proper recovery since medical bills and the simple act of living your daily life costs money.
When you are injured in an accident, not only will you spend money on expensive medical bills. You may also experience loss of income due to your inability to work because of your injury. This is where compensation for your accident can come in handy. It will help with the cost of getting better. It also allows you to continue living a relatively normal life.
Different Kinds of Accidents That May Be Entitled to Compensation
Accidents can happen because of negligence, recklessness, or ill-intent of another party. This may entitle you to compensation. Compensation is based on the financial burden, emotional distress, and any future difficulties you may experience because of the accident. It can come in the form of cash or some other kind of support.
To help you better understand, here is a list of the accidents that may entitle you to some compensation:
Work Accidents and Injuries – Accidents can happen at work and the injuries that are sustained can range from minor to life-threatening. Whether the accident is due to lifting heavy objects, slipping on a wet spot, or equipment malfunctioning, injuries that you get from work are covered by Worker’s Compensation. Employers are bound by law to compensate employees who suffer injuries while at work. This will cover loss of income, medical expenses, and other financial burdens that may result from the accident.
Hazardous Exposure – Pollutants, harmful chemicals, and cancer-causing agents in the air, water, and soil can be considered harmful to a person’s health. If you’ve been exposed to any of these at home, at work, or even on vacation, and are showing symptoms that indicate injuries sustained from exposure, you may be entitled to compensation. Exposure to asbestos at work, inhaling mold in old homes, chemical and pesticide spills in the water are all examples of hazardous exposure.
Negligence – Negligence is defined as the failure to take proper care which can result in injury or damage. When you are in an accident that is the result of negligence, this means that your injury stems from someone not practicing reasonable care to avoid injuring another person. This can happen in many different ways and at any time. Injuries can range from minor to possibly deadly and can involve anyone from doctors to teachers to care providers.
Commercial Accidents – These accidents involve commercial carriers such as airplanes, buses, trains, and taxis. These can also involve other commercial vehicles such as delivery trucks, garbage trucks, limousine services, and tanker trucks. Accidents involving these commercial vehicles and carriers can bring about serious and even life-threatening injuries, and these often happen because of neglect.
Vehicle/Traffic Accidents – This is one of the most common accident types people find themselves in. These can involve a pedestrian and a vehicle, two similar vehicles, two different kinds of vehicles, and more than two vehicles. These can also involve a single vehicle and an object in the road or even an animal.
Medical Malpractice – Doctors and other medical practitioners are licensed to take care of patients with medical needs. When these professionals, however, perform substandard care or even an act of negligence that results in more injuries and harm, they can be held liable. Medical malpractice can include errors in diagnosis, mistakes in treatment, and blunders that can result in a patient’s harm.
Recreational Vehicle Accidents – Recreational vehicles include not only those found on land, like ATVs and dirt bikes. Cruise ships, boats, and jet skis are also included in this list. Injuries that come from the use of these vehicles can result in serious injuries and even death.
Effects of These Accidents
Aside from the injuries sustained because of the accident, victims often end up with more burdens to carry than the physical ones that they get from what happened. In
many cases, accident victims postpone seeking compensation.
Accident victims need to be aware that there is a statute of limitations (SOL) for each kind of accident. When the time passes for them to report and get the help
they need and this SOL will have expired, they are left on their own to deal with:
Long-term health complications
Inability to work long-term
The financial and emotional strain on family and friends
Funeral and burial expenses (in the event of death)
What Should You Do If You Are Involved in an Accident?
Your first concern when you find yourself in an accident is to get immediate medical help. If you suspect that your accident could have been avoided and is the result of any of negligence, or another party is at fault, you might want to see if you are entitled to claim financial support for your injuries.
To determine if you are indeed entitled to compensation, answer this questionnaire. What you find out may help you make the right decision when it comes to getting what is rightfully your due and in getting the kind of legal help that you need.
Every year, more than 5,000 pedestrians die from vehicular and traffic-related accidents.
Approximately 130,000 more get treated for injuries that are related to such accidents. Of these numbers, older people and children have been seen as the most vulnerable and susceptible.
Approximately 48% of accidents that involve pedestrians and vehicles involve people who are intoxicated, either with the person behind the wheel or the pedestrian being under the influence of alcohol. A lot of the accidents that involve intoxicated people often end up badly, with some suffering serious injuries and even death.
Causes of Accidents Involving Pedestrians
More-often-than-not, accidents between pedestrians and vehicles involve an unsuspecting pedestrian. This makes it more likely for pedestrians to suffer more serious injuries since they cannot make any attempt at trying to shield or protect themselves from the accident. Here are some of the more common causes of pedestrian accidents:
Distracted Driving – Distracted driving has been around for some time, with the addition of more gadgets in vehicles and smartphones adding to the list of why drivers sometimes take their eyes off the road. Even when a pedestrian has already started crossing and has the right of way, a distracted driver won’t notice the person until it is too late.
Car Turning Left – At intersections, people crossing where vehicles are stopped may find themselves still getting hit. This is due to vehicles turning left. Those who end up hitting pedestrians in this situation are those who are too intent on making the turn that they neglect to see if there are people crossing where they are turning.
Speeding – When there are pedestrian crossing signs, a vehicle is obligated to slow down just in case there are people about to cross. Vehicles that are speeding usually don’t do this, and when a person crosses while they are speeding, stepping on the brakes may not be enough to stop an accident from happening.
Vehicular Problems – Faulty brakes can be the cause of an accident. If a vehicle is running at a faster speed than is normal and the need for brakes to work effectively is jeopardized, accidents are a given.
Not Adhering to Road Rules – Signs such as Yield, Stop, and Slow Down should always be followed to prevent accidents from happening. When a Pedestrian Crossing sign is seen, vehicles are obliged to slow down to prevent accidents from happening. Those who ignore these signs and other road rules (like speed limits) often end up running a pedestrian over or causing a similar accident.
Bad Weather – Inclement weather can also cause pedestrian accidents. Low visibility during a downpour can increase the chances of accidents. The wet road can also make braking in time difficult. Snow and other types of weather that make roads slippery and slick are also to be blamed for some pedestrian accidents.
Not Respecting Pedestrian Right of Way – While pedestrians do have the right-of-way in most instances, there are some situations where they should yield to vehicles. Undesignated crossing areas and train tracks are places where pedestrians don’t have the right of way. On pedestrian crossings, however, they do have the right of way, but some drivers don’t respect that and continue on even when pedestrians are supposed to be allowed to cross.
Backing-up Accidents – This happens in driveways, parking lots, and other similar situations. Vehicles end up hitting pedestrians while backing up, and there are a few reasons why this happens. It can be that the driver could not see the pedestrian because of a blind spot. It could also be that the pedestrian continued crossing because they were preoccupied or maybe did not see the vehicle backing up.
What to Do If You Were in a Pedestrian Accident
Pedestrian accidents can be traumatizing, not to mention debilitating and physically life-changing. Yet, despite these effects, a lot of people actually fail to report their accidents, particularly if they feel that they are okay or believe that they are at fault (did not look while crossing, etc.). If you were in a pedestrian accident, no matter how minor you feel your injuries are, you might be owed compensation.
Some people who figure in pedestrian accidents brush it off, particularly when they can get up and walk off after it happens. What some of them may not realize is that while they may seem okay on the outside, they may be suffering from internal injuries that may manifest later. This may worsen and may change how they live, like making it difficult to work, may cause them to be hospitalized, or even cause disabilities.
When these things happen, financial and health difficulties can drastically change your life. Finding out if you are owed compensation for your pedestrian accident will help you with a lot of things. These include your medical bills, rehabilitation costs, loss of wages, and even lost capacity to earn.
Don’t delay in finding out if you have a legitimate claim to compensation. Answer our questionnaire and determine if you are owed money before your statute of limitations runs out. All you need to do is answer our questions and in 60 seconds, you get the answer you need to help you decide what to do about your accident.
Car and Auto Accidents
Injuries You Can Get from Auto and Car Accidents
There are many different kinds of injuries that a person can suffer from these accidents. These include the following:
Broken Bones – These can include bones in the leg, arms, shoulder, and other parts of the body. People who find themselves trapped behind the steering wheel in a car accident can expect broken ribs.
Soft Tissue Injuries – These can include injuries to tendons, ligaments, muscles, and nerves. These can be stretched, torn, or even severed in an accident, depending on the extent of the crash.
Burn Injuries – It is rare for a car to burn when it figures in an accident, but when it does, burn injuries are also possible.
Spinal Injuries – Injuries to the spinal column can be very dangerous, with the possible outcomes being movement problems, lack of sensation in the lower part of your body, and paralysis.
Neck Injuries – The most common neck injury you can suffer when you find yourself in a car accident is whiplash. This is the result of the violent forward and backward movement of your neck during impact.
What to Do After You Find Yourself in a Car Accident
If you’ve been hurt in a car accident, and negligence is a factor in your accident, you might be owed money. Being in a car accident can bring you lots of problems, aside from physical pain and suffering. It can bring you financial problems due to the cost of medical treatments, loss of time at work, and even the cost of rehabilitation.
Compensation for a car accident can help you move on with your life and continue with a reasonably normal existence despite all the financial hardships that an accident can bring. If you believe that negligence is to blame for your accident, but are not sure, answer this questionnaire to find out for sure. A few minutes answering this questionnaire will mean the difference between you being able to claim compensation and you living without it.
You have to remember that you can only claim compensation for a specific amount of time. This is because all cases come with a statute of limitations (SOL). When this SOL expires, your chance to get part of your life back on track will have passed you by. Don’t delay. Find out if your claim has merit today.
Riding a bike has its pros and cons. It is a fun and healthy way to get around but it is not without risks. Depending on where you are in the country, you will find that getting around on a bicycle can be perilous.
In some States, bicycles have their own lanes. Also in some States, bicycles are given the same rights on the road as other vehicles. While they do not have this right in a few States, riders are afforded the same rights and responsibilities as other vehicle drivers on the road.
The sad part, however, is that other people do not regard bicyclists with the same respect and care as they would other vehicles. This disregard for the safety and rights of people on bicycles often lead to accidents where cyclists are forced off the road by cars and other motorized vehicles or are not allowed to get across an intersection first even when they have the right of way. In short, the lack of respect for the rights of cyclists tends to lead to accidents happening and people getting injured.
Different Kinds of Bicycle Accidents
Not all bicycle accidents are the same. There are a few different accidents that bicycles can be involved in. Here are some of the more common ones:
Dooring – This is an accident that can cause both the person in the car and the cyclist injuries. When you say that a cyclist got “doored”, that means that someone opened their car door the exact moment that a bicycle was passing by.
A car turning right – This accident happens when a bicycle is on the right side of a vehicle and cannot be seen by the driver because of a blind spot.
A car turning left – This accident is less prevalent than that when a car turns right and usually happens when the driver is preoccupied and did not see the cyclist till it was too late.
Overtaking vehicle – This type of an accident usually happens at night. The cyclist gets hit by a vehicle that is overtaking another vehicle and does not see that ahead of the said vehicle being overtaken is a bicycle. Sometimes, this happens when the driver of the overtaking vehicle is preoccupied or intoxicated.
Intersection accidents – As the phrase implies, these happen at intersections and involves a bicycle not being given the right of way by vehicles as it crosses an intersection.
Private drive accidents – These occur when a vehicle backs out of their driveway or garage without checking for bicycles that are passing by. This also happens when a bicycle is doing the same thing but is hit by a passing vehicle that does not acknowledge or see that they are entering the street.
Cycling against traffic – This accounts for most of the accidents that bicyclists get into, with the cyclist riding against the flow of traffic, not taking into consideration that they actually have the same responsibilities and rights as other drivers and vehicles.
What to Do When You Are in a Bicycle Accident
Whether you are the cyclist or the driver behind the wheel of a car, bicycle accidents are a serious matter. The first thing that needs to be done when this happens is to ensure that all parties with injuries are taken care of and medical aid is given. More-often-than-not, cyclists get the brunt of the accident and end up with more serious injuries than those in the car.
When an accident like this happens, both the bicycle rider and the person in the car need to assess who is at fault. Liability boils down to which vehicle had the right of way, and it is from this that fault is determined. So whether you are in a car that gets hit by a bicycle or a bicycle that gets hit by a car, if the other party is liable, you might be eligible to claim compensation.
If you are not sure that you have a legitimate claim to compensation for injuries incurred due to a bicycle accident, you can find out by answering this questionnaire. Simply answer the questions in this form and find out in a minute if your claim has merit. Don’t delay finding out since all claims come with a statute of limitations that may inhibit you from claiming anything after it runs out. Fill out our form today and get the information you need to make an educated decision regarding your claim.
Every year, between 80,000 and 92,000 motorcycles get into an accident. Out of this number, approximately 5,000 are fatal. With 8 million registered motorcycles in the US, that means that around 1% of all motorcycles in the US get into an accident annually.
Motorcycle accidents, while not as rampant as accidents involving other vehicles, are more likely to end with a fatality. Even when there is no loss of life in a motorcycle accident, injuries are usually severe and life-threatening. As bad as motorcyclists have it when it comes to injuries from accidents, it gets even worse. Accidents that these two-wheeled vehicles get into are rarely their fault.
Most Common Causes of Motorcycle Accidents
Motorcycle accidents that bring about injuries are usually the fault of the other vehicle, which usually fails to see or notice the motorcycle, causing the accident to happen. It has been noted that 75% of accidents involving a vehicle and a motorcycle is the fault of the driver of the vehicle. The other 25% of reported motorcycle accidents are single vehicle ones, which means only the motorcycle is involved.
To better understand the risks that motorcyclists engage in while on the road, here is the list of the most common accidents they can get into:
Lane Changing – Accidents can happen when a driver changes lanes without checking for incoming motorcycles. Failing to check blind spots and signaling the intent to change lanes can also be blamed for lane changing accidents.
Dooring – Serious injuries can result when a driver opens their car door without looking to see if there is incoming traffic before doing so. Dooring can injure both the motorcyclist and the vehicle driver.
Speeding – Speeding can cause accidents, whether you are a motorcycle, a car, a truck, or any other vehicle on the road. The accident can be caused by one vehicle speeding and losing control or both vehicles speeding and not anticipating what will happen next. When speeding is the cause of an accident, it is safe to assume that the greater the speed of the vehicle the more severe the injuries.
Lane Splitting – Motorcycles are small enough to fit in between two cars, which is why some motorcyclists do lane splitting, in order to get ahead of the traffic. There is no rule against lane splitting in most states (except for Florida where it is illegal), but it is not considered illegal either.
Car Turning Left – This is another accident that can be attributed to the driver either being preoccupied, not checking their blind spot, or simply misjudging the speed of the motorcycle that they actually see coming up.
Car Turning Right – This accident can happen when a vehicle is turning right into another street or road from an outside lane without checking for incoming motorcycles or bicycles on their right side.
Bad Road Conditions – Motorcycles that don’t see a pothole or debris on the road ahead can get into an accident because of this. Even when they try to avoid such obstacles, they still have the tendency to suffer injuries if their maneuver actually causes them to crash instead.
Bad Weather Conditions – A sudden downpour can make roads more dangerous, not only for motorcycles but also for other vehicles as well. Wet roads make braking more difficult and the possibility of potholes hidden by puddles of water also pose a threat to motorcyclists.
Injuries a Person Can Suffer in a Motorcycle Accident
In accidents involving a motorcycle, whether there is another vehicle involved in the accident or not, usually end up with the rider suffering serious injuries. Here are some of the injuries a motorcyclist may end up with when they get into an accident:
Head and neck injuries – Head injuries can be fatal in motorcycle accidents, particularly if a rider does not wear a helmet. While over the years more motorcyclists have been wearing DOT-compliant helmets, a fair percentage still opt to not wear this safety headgear, with a few choosing to wear non-compliant helmets. While wearing a helmet cannot guarantee that injuries won’t happen, it does prevent serious injuries, giving a person a chance at surviving the crash.
Bone injuries – Bone injuries are also common among those who find themselves in a motorcycle accident. From broken arms to broken legs to spinal injuries, you will find those motorcycle accident victims can suffer from a long list of bone injuries.
Road Rash – This is when a motorcyclist slides across the road after being thrown off their motorcycle. This can come in three degrees, red skin (first degree), broken skin surface (second degree), and tissue, as well as fat, are exposed (third degree).
What to Do When You Were in a Motorcycle Accident
Getting in a motorcycle accident can be a life-changing occurrence. The injuries you sustain from such a thing happening can actually change your life. You may find yourself with mounting medical bills, rehabilitation schedules, needing time off from work, and even finding it difficult to continue working in the same capacity. When this happens, your finances will definitely take a nosedive.
If your motorcycle accident was caused by someone else, you may be eligible for compensation. Getting financial aid can help get you back on your feet and can help you live a relatively normal life despite what happened. If you want to find out if you are owed money because of your accident, answer this questionnaire.
Don’t wait too long to get the information you need to file a motorcycle accident claim. A statute of limitations is common with all claims and if you don’t act now, you might miss your window for claiming what is rightfully owed you.
Vans come in many different forms and sizes. Some are used to transport a relatively large number of people (10-15) from one place to another, while others are used to transport goods and deliver products. No matter what type of van is involved in an accident, these are generally considered light trucks and such accidents can, therefore, be called light truck accidents.
One of the things vans are prone to when it comes to accidents is the rollover. This is because such vehicles have a high center of gravity due to the rather high roof that these have. The same goes for similar vehicles such as SUVs, utility station wagons, and pickup trucks. The height of these vehicles, as well as the narrower and taller design, makes these more prone to rollovers.
Causes of Van Rollover Accidents
Rollover accidents can cause serious injuries, not just to the driver or passengers of these vehicles, but also to people that might be nearby when the van figures in an accident. These can throw people around the vehicle and out of it while it is rolling during the crash. It can also pin people underneath it when it settles after the harrowing roll is done.
Here are some of the causes of van rollover accidents:
High Speed – Vans can roll over when making a turn at high speed. Because of its shape and height, the van can lean towards the opposite side of the turn and topple. If this happens in an area with pedestrians nearby, or with motorcycles or bicycles running beside it, this can pin people under the vehicle, causing serious injuries and possibly death.
Intoxication – No matter what vehicle a person drives, if they are intoxicated, they raise the chances of getting themselves in an accident. Intoxication can cloud a van driver’s judgment, causing them to swerve the vehicle and to oversteer when avoiding other vehicles on the road. This can lead to rollovers.
Avoiding Obstacles on the Road – Speaking of swerving, a van driver may suddenly swerve the vehicle to avoid obstacles they may suddenly see on the road ahead of them. Such a move can easily cause a vehicle with a high center of gravity, like an SUV or a van, to teeter which can then lead to a rollover.
Distracted Driving – Swerving which leads to rollovers usually happens when a driver is distracted while behind the wheel. Not paying attention to the road ahead and then needing to make a sudden turn will lead to a rollover.
Improperly Loaded Van – For delivery vans and other similar vehicles (like moving vans), when the load inside the vehicle is not evenly distributed, the chances for a rollover when the driver makes a turn is increased. The same goes for cargo that is not secured to the van’s floor, particularly if the van’s cargo area has lots of space where items can roll around in it when left unsecured.
Other causes of van rollovers include a tire suddenly going flat, collisions, oversteering, going over a curb or a rock while driving, and driver error.
What to Do When You Were in a Van Accident
If you were in a van accident, and negligence is the cause of such an accident, you might be owed compensation. Van accidents can cause serious injuries which can affect not only your health but also your life and the lives of the people around you. Not only will you suffer injuries but you will also lose a lot more in terms of wages, earning capacity, and savings due to medical bills.
Most of the time, someone is liable for your injuries when it comes to van accidents. This is because these vehicles don’t get into such accidents if care is exercised in the driving of it. Defects in the design, manufacture, and maintenance can also be the cause of such an accident. This means that whoever designed, manufactured, or maintained such a vehicle can be held liable for the accident.
To find out if you are owed money because of a van accident, answer our questionnaire. These few simple questions will give you the answer to the question of whether or not you are owed compensation. Don’t wait too long to find out since all claims have a statute of limitations (SOL). When that SOL runs out, you won’t be able to make a claim for compensation for your accident even if it is proven that you do have a legitimate claim.
One of the vehicles that can cause serious injuries when they get into an accident on the road is the truck. There are many different kinds of trucks on the road in the US, and these all serve various industries. The trucks you are likely to encounter on the road include trailer trucks, tanker trucks, tow trucks, flatbed trucks, and dump trucks.
Every year, trucks that figure in road mishaps and trucking accidents reach staggering numbers. Almost 90,000 trucks are involved in injury crashes annually. A little over 4,000 trucks get into accidents that result in fatalities. Approximately 340,000 trucks end up damaging property in crashes.
In most cases where casualties are recorded, injuries are usually severe due to the fact that these are rather hefty and large vehicles. More than 100,000 people are injured in trucking accidents every year, with a fraction of that ending up with fatalities and a few more ending up with lifelong disabilities.
Causes of Trucking Accidents
Trucking accidents are often far worse than your standard vehicular accidents. The mere fact that these are heavier and bigger than a regular car means that these behemoths can cause more damage. Whether you are hit on the side, in the back, or even just side-swiped, you know that damages and injuries can be disastrous.
Why do trucks crash? What can cause trucking accidents? Here are few of the common reasons:
Driver’s Lack of Training – Truck drivers need to undergo extensive training before they are allowed to handle huge rigs on the road. If a driver lacks the skills needed to expertly maneuver these vehicles on the road, they pose a high risk to other motorists. Some trucking companies cut corners and hire less than suitable drivers for their trucks, sometimes even forgoing additional training when required just to get their trucks on the road as quickly as possible.
Negligent Driver – No matter how skilled a driver may be, if they are not careful on the road, they will still have a tendency to get into an accident. Negligence in driving can include not only careless behavior while behind the wheel but also driving under the influence, distracted driving, and driving while lacking sleep or when fatigued.
Overloading – Drivers are not always to blame when it comes to trucking accidents. Sometimes, it is the company that owns the truck that is to blame for the accident, and one fault that can be attributed to them is overloading. Companies that try to save on overhead costs for delivery sometimes tend to overload their trucks, which can be the cause of jackknifing, tipping over, and tire blowouts.
Poor Truck Maintenance – When trucks are not properly maintained, the possibility of an accident happening while it is on the road can increase greatly as time goes by. The most common problems that can cause these vehicles to get involved in accidents include worn out tires, damaged braking systems, and even engine problems.
What to Do If You Were in a Trucking Accident
Getting into a trucking accident can lead to very serious injuries, with some accidents resulting in death. If you or a family member was injured or was fatally wounded in a trucking accident, you might be eligible for compensation. This kind of a vehicular accident is one of the more serious and more dangerous ones around, costing people their lives and livelihood.
Companies that operate and use these trucks are liable for what happens to these vehicles. If these figure in an accident, they are usually held liable for it and can be made to shoulder the many expenses brought about by such an accident to those who are injured. Of course, the fault has to be established in these occurrences, and if it is proven that the truck was indeed the one to blame for the accident, compensation for your injuries should be provided.
Compensation can include medical expenses or reimbursements, loss of wages and income, loss of future income, property damage, and even physical as well as emotional pain and suffering. If you believe that you are owed money for a trucking accident, find out for sure by answering our questionnaire. Just a few minutes of your time will give you the opportunity to determine if you do have a legitimate claim for compensation.
One thing you should remember when you are thinking of filing a claim for compensation is that there is a statute of limitations (SOL) for these. If your SOL expires, you won’t be eligible to make your claim. Find out if you have a legitimate case by answering this questionnaire and move forward with your trucking accident claims today.
When care is not exercised and someone gets into an accident, this can be deemed as something that occurred due to negligence. Negligence covers a wide array of accidents, with the term being used to cover events that have been caused or are the result of another person’s failure to use reasonable care. This can mean anything from vehicular accidents to workplace accidents to medical malpractice injuries.
Negligence is such a blanket word used to cover anything bad that happens with the participation of another party. This is why there are a few different types of negligence that can be cited as the cause of the accident. The level of negligence, when proven, will determine how much compensation a person should get from the offending party. Some types of negligence carry more weight than others.
Types and Examples of Negligence
Gross Negligence – This is the type of negligence that shows a person’s complete disregard for the safety of others. This is one of the more serious types of negligence around. When proven, this may end in punitive damages. An example of gross negligence is when a doctor gives a patient medication that he knows the person is allergic to.
Vicarious Liability – This form of negligence is for accidents and injuries that occur due to young children or animals. Pet owners and parents are often held liable when their pets and children under seven (7) years of age cause harm to others due to their own neglect. This same type of negligence can also be used on a business owner or employer who fails to properly manage his personnel, which then leads to them injuring someone in the process. An example of vicarious liability is when a mother does not supervise a small child because of a distraction and the child gets hold of a knife and stabs another person.
Comparative Negligence –This is when you are partly to blame for your injuries during an accident. While you are not totally at fault for the accident, something you did or forgot to do resulted in injuries that are worse than they should have been. This is when comparative negligence is cited. Example of comparative negligence is when somebody rear-ends your car and you suffer head injuries when you hit the windshield. This could have been avoided had you not neglected to wear your seatbelt.
Contributory Negligence – A lot of States no longer consider this negligence type however, a few still do. When an accident is deemed the result of contributory negligence, it means that the person injured in the accident contributed in a large way to their injuries. In short, they are not entitled to any compensation since they played a huge part in their accident. Even when the other party is almost 100% at fault, with contributory negligence, the person with the injury cannot get a single cent of compensation. This has been scrapped by many States and most use comparative negligence instead.
Some States also use Mixed Negligence, which is a combination of contributory and comparative negligence. The injured party may not receive any compensation or receive very minimal financial aid from the other party if it is proved that he is mostly to blame for his injuries.
What to Do When You Suspect Negligence in Your Accident
Compensation for injuries caused by negligence can come in many forms. This is often dependent on the severity of the injury and what losses a person may suffer because of it. More-often-than-not, a person who is injured because of negligence will get compensation that will cover medical bills, loss of income, and even for pain and suffering.
As with most injury claims, injuries that cite negligence as one of the main causes of the accident come with a statute of limitations. For example, those who cite negligence in a medical malpractice claim need to file such a claim within three years from when the injury occurred. Of course, the statute of limitations for various negligence claims will vary according to the kind of claim being made and according to the State where the accident occurred.
The kinds of compensation a person may be entitled to when negligence is cited can include the following:
compensation for loss of wages
compensation for loss of income from other avenues if the person involved has other income streams
compensation for cost of medication and recuperation, which can include rehabilitation costs
If you suspect that your accident or injury is due to the negligent behavior of another party, you might want to make sure. This is for you to claim compensation for your accident. To help you determine whether or not you are entitled to injury compensation due to negligence, answer this questionnaire to find out. This will aid you in deciding what to do next.
When defined, negligence means “failure to use reasonable care which resulted in injury or damage to another.” This is easy enough to understand and is not as rare as some people may think. Negligence can stem from apathy, carelessness, or simple forgetfulness.
Professional negligence, on the other hand, means that a person is obligated in their capacity as a professional in their field to execute a specific standard of care. If they fail to meet this professional standard, they are in breach of professional expectations and are therefore considered negligent in their duties. While both types of negligence put individuals at the helm of responsibility, professional negligence weighs more because of the duty that a person is bound by their profession to fulfill.
Different Kinds of Professional Negligence
Sometimes called professional malpractice, you will find that this can cover anyone that performs a specialized task or job for a fee. When you use the term “malpractice”, people readily assume that it has something to do with a doctor or someone in the medical profession. While they are indeed liable for professional negligence or specifically medical malpractice, if they don’t do their duty to the best of their ability, they are not the only ones liable for such a misdeed.
A lot of other professions can be liable for professional negligence. Here is a list:
Lawyers and Law Practitioners – This is called Legal Malpractice and is when a lawyer does not represent a client to the best of his ability. When a lawyer is in breach of a contract or fiduciary duty, he can be held liable, particularly if this causes harm to the client.
Scientists and Medical Researchers – Scientists and those in the same field are trusted by those around them to present factual and truthful evidence regarding a number of topics and subjects. If a scientist presents findings that are not based on actual research or is not totally substantiated by extensive study, and someone gets hurt by such findings, they can be considered professionally negligent.
Engineers, Architects, and Construction Personnel – Professional negligence can also be considered when people in the construction industry, such as architects and engineers, fail to do their job and people get hurt. This can include issues with building design, construction methods, materials used, and other such concerns that can affect the quality of a structure, which ends up either hurting people or hurting a client’s investment by making the structure unsafe.
Financial Advisors and Accountants – People who suffer financial losses due to a financial advisor’s recommendation for a specific investment may also cite professional negligence. This is when the advisor’s aim is to simply make money in commissions off of the client and not to actually give them sound investment suggestions. When it comes to accountants, they can be cited as professionally negligent if a person suffers financial losses due to errors in audits and in giving incorrect tax advice.
Surveyors and Real Estate Brokers– People in the real estate business can be considered professionally negligent when they cause a client to lose money because of an undervalued assessment or property survey. They can also be held accountable when they fail to inform a buyer or seller of real-estate market changes that affect them.
Insurance Brokers – Those in this profession can be considered professionally negligent when they fail to arrange a client’s insurance according to their needs. They can also be held liable for not properly informing a client of their actual insurance coverage, and not helping a client properly complete their insurance forms.
What to Do When You Suspect Professional Negligence
If you have suffered losses because of negligence from one or more professionals in these various fields, you may be eligible for compensation. Financial losses that stem from the negligence of your accountant can hurt your way of life and can even affect you emotionally as well as physiologically. Physical injuries due to negligence on the part of the engineer who built your house or the architect who designed it are also grounds for professional negligence.
To find out if you have a legitimate claim for professional negligence, answer this questionnaire. A few minutes of your time will help you determine if you are indeed eligible to claim compensation for negligence performed by a professional that you trusted. You get the answer to your query 60 seconds after you finish answering this form.
Don’t take too long to find out since all negligence claims come with a specific statute of limitations. If yours runs out, your chance at compensation for the losses and suffering that you experienced at the hands of these professionals will be gone. Don’t let that happen to you. Simply answer the questionnaire and find out today.
If a family member or loved one dies due to another person’s misconduct or because of negligence, wrongful death can be cited. The surviving members of the person’s family can claim wrongful death in order to gain compensation for lost wages from the victim, funeral and medical expenses. In short, those who suffered damage, financially or otherwise, from the death of an individual, can claim compensation for such a devastating turn of events.
Who Can File for Wrongful Death
While most people believe that only immediate family can file claims for wrongful death, the reality is that there are actually a few other entities who can claim losses due to such an occurrence.
These are called real parties in interest and can include the following, depending on which State you are in:
Putative spouses, dependents, and life partners – Some States consider domestic partners, or otherwise called life partners, as eligible to claim compensation. It is called the right of recovery and includes those who are financially dependent on the person and those who thought they were actually married to the victim (putative spouse).
People who suffered financially from the loss – A few States allow those who suffered financial losses from the death of an individual due to negligence to file a wrongful death claim. This means that anyone who was dependent on the individual who died for their support or care, even if they were not related by blood, had a right to make such a claim.
Other family members – Immediate family members, such as a spouse, parents, and children, are the primary claimants in filing for wrongful death in all States. In some States, other family members can also do the same, such as grandparents, siblings, and cousins, as long as they have proof that they suffered from the loss of the person.
Common Causes of Wrongful Death
What exactly can be considered a “wrongful death”? A wrongful death is when an intentional action (such as murder) or negligence is to be blamed for the person’s death. This can include a number of different occurrences, with each State having a particular list of rules that can be used when considering whether a death is considered wrongful or not.
There are many causes that can be included in what is generally seen as wrongful death. These include the following:
Exposure to Occupational Hazards
Assisted Living Abuse and Negligence
Injuries at Birth
Commercial Vehicle Accidents
Who Can Be Held Liable for Wrongful Death
When it comes to finding who is liable for these things, it depends on what happened and how the person died. For example, when a person dies due to a commercial vehicular accident, those who can be held liable for these include the operator of the vehicle, the driver, and the manufacturer of the vehicle. This is also dependent on the cause of the accident.
The ones who can be held liable for wrongful death claims are those who may have had a hand in the demise of the deceased. These can be anyone that is deemed responsible for an accident, for failing to provide safe working conditions, for failing to ensure the safety of passengers, and many more.
What to Do When a Loved One Dies a Wrongful Death
When you suspect that negligence or misconduct played a huge part in the death of a loved one, you might have a claim for compensation. While getting compensation for the loss of a person dear to you won’t ever bring them back or replace them, it can help you move on and live a life that is relatively normal despite the disappearance of the person you depended on.
When a person suddenly dies due to causes that could have been prevented with care or when someone purposely causes such an event to happen, you can be left not only with emotional and psychological scars but also with financial burdens. These can include medical bills, funeral bills, and the cost of living after the person is gone, particularly when you are dependent on them for your needs.
If you suspect that the death of a loved one can be considered a wrongful death, but are not sure, answer this questionnaire to find out. You don’t need to keep wondering if you are owed money for the disappearance of someone dear to you. Simply answer these questions and find out in a minute if your claim has merit.
As with most claims, wrongful death claims come with a statute of limitations (SOL). You may not be aware of it but your SOL may soon be over. Don’t delay in finding out and getting what you are owed by answering our questionnaire today.