Posts by Kelvin


Causes of Wrongful Death


Posted By on Jan 26, 2017

Catastrophes have left many individuals dead and a lot more severely injured, forever changing the lives of the members of the family of the deceased. Catastrophes can happen anytime and anywhere, wreaking huge amounts in property damages and claiming many lives. Most often than not, catastrophes are results of human error or man’s negligent and careless behavior. The sinking of the Titanic, which took the lives of more than 1,500 passengers; the Exxon Valdez accident in 1989, which resulted to 10.8 million gallons of oil being spilled into the waters of Prince William Sound; the Piper Alpha Oil Rig fire in 1988 that claimed the lives of 167 workers and caused damages amounting to $3.4 billion – these and many more (such as fires, methane hydrate eruptions, and scaffoldings, tower cranes, roofs, stadiums or houses suddenly collapsing) are some of the most common catastrophic events that have marred the flow of time. More than damage to property, though, which can be replaced with proper funding, the most painful effect of catastrophes is wrongful death. Wrongful death is a legal claim made by the beneficiaries or survivors of a person who has died, against the liable party. This is claim for damages that includes loss of earnings that the deceased could have still been able to earn, medical expenses prior to death, and loss of consortium (removal of the benefits of a relationship, including sexual, because of the injuries or death caused by a negligent party). Wrongful death, however, occurs not only due to catastrophic events. In many occasions, these occur due to mistakes made by professionals, such as doctors, surgeons, dentists, and other health-care providers. Take, for instance, the case of a young girl, who was diagnosed as simply suffering from a bellyache; a few minutes later, her appendix ruptured, causing her extreme pain. Worse, though, was the case of a teenager who complained of fever and chills. He was given Tylenol and was sent home to rest, only to die a few hours later due to sepsis, an infection in the blood. Medical errors, which are preventable, claim as many as 98,000 lives in the US every year, as shown in the records of the Institute of Medicine, an American non-profit, non-governmental research organization. Medical errors are consequences of the negligence or carelessness of nurses, doctors and many other health-care professionals; these can occur through many different types, the most common of which, include wrong or delayed diagnosis, surgical mistakes and emergency room negligence. A study made by the Journal of the American Medical Association confirms the reality of errors in emergency rooms and that these cause almost half of all deaths due to medical malpractice. Some of the health problems most frequently misdiagnosed in ERs are aneurysm, pulmonary embolism, stroke and heart attack. A number of the reported reasons for ER errors that can lead to severe complications or death include poor communication between nurses and doctors, shortage of doctors, failure to communicate vital information regarding patient’s condition, lack of timely access to lab report, overworked and stressed nurses and staff, over-crowding and prolonged waiting time. Accidents or errors resulting to the death of someone can devastate the family of the victim. It will be more painful if the wrongful death of an innocent victim was due to a careless mistake made by another. The consequences to the loved ones or dependents of the victim are often both emotional and financial. It may be wise to contact a wrongful death lawyer if you lost someone in an accident or after hospitalization just to know if there is a legal action worth pursuing, to bring the liable party to justice.

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As industries continue to embrace developments in technology, the risk of accidents continues to rise. With this in mind, it is important for management to put in place safety standards that will protect their workers from any accidents or injuries. Employers should ensure the protection of their workers through the responsible action of others. The negligent act of the employer and other employees may contribute to industrial accidents.

Industrial accidents come in different types depending on the severity, durability, and degree of injury. If the accident resulted to the death or prolonged disability of an employee, it is called a major accident. On the other hand, if a cut or injury does not result to disability to an employee, it is called a minor accident. In addition, if the accident caused the employee to be disabled for a short period of time, it is called temporary accident. An accident that caused long term disability to an employee is called permanent accident.

There are several factors that can contribute to industrial accidents. It is worth noting that accidents may not have a single cause but a multiplicity of causes, which are often related to each other. Industrial safety experts have classified the causes of accidents into three broad categories:

Unsafe Conditions

Unsafe conditions are the biggest cause of workplace accidents. They are the result of defective equipment, faulty layout and location of plant, inadequate lighting arrangement and ventilation, unsafe storage, and others.
In addition, there are also psychological factors that contribute to unsafe working conditions such as working overtime, monotony, fatigue, tiredness, frustration, and anxiety.

Unsafe Acts

Sometimes, it is the unsafe act of the employee that brings about industrial accidents. Their lack of knowledge and skills, bodily defects and wrong attitude that cause them to be involved in an accident or get injured.

Other Causes

These causes are due to unsafe situational and climatic conditions and variations. It may include excessive noise, very high temperature, humid conditions, bad working conditions, unhealthy environment, slippery floor, and others.

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Getting your car fixed and being back on the road again may be one of your main concerns following a car accident. The main issue is how and who would be paying for the repair (or replacement) of the damaged vehicle, and for this you are given a number of options, all depending on several factors such as how caused the accident, the type of car insurance that you have, and if the other party (who caused the accident) is insured. Knowing your rights regarding such matters will bring you great relief after suffering from a car accident.

The first thing to establish following a car accident is who is at fault, since this will settle the case on who will e held liable for the needed repairs on the vehicle, regardless of whether it is only minor scratches or in need of major work. If the damage is too much for repairs, then the at-fault driver would be made to cover for the market value or the actual cash equivalent of the vehicle even when the state follows a “no-fault” insurance rule, since property damage is not considered part of the no-fault rule.

The confusion can come from who is to be held liable for the repairs and who should be paying for it. The Hankey Law Office all drivers are required to buy a liability insurance for all registered vehicles, which would then be used to cover for property damage in an event of a car collision. The coverage would be automatic following the accident, especially if the other driver is the one who caused the accident. You will have the right to make a claim to the at-fault driver’s insurer to cover for the car’s repairs or provide the market value of the damaged vehicle.

If by chance the other driver does not have insurance, you have the option of using your own insurance coverage to pay for the damages provided that car collision is part of your coverage. It is similar to that of a “no-fault” insurance wherein the damages will be covered regardless of who caused the accident. Nevertheless, this will require you to be responsible for the deductible, which can be reimbursed from the at-fault driver’s insurance provider through your insurance carrier.

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It is probably going to be hard for a lot of people to grasp that a consumer product that has been considered so safe that is used on babies can actually cause serious health problems. But that is exactly what has been recently established in the annals of science and law.

In fairness, the health effects of talcum powder have been suspected for more than forty years, and the first study suggesting a link between its genital use and ovarian cancer was published as far back as 1971. Talcum powder manufacturers–primarily Johnson & Johnson (J&J) which came out with its iconic Johnson’s baby powder in 1893–stated that there was insufficient evidence to establish a link between the product and the disease. Other studies followed, some investigating the relationship between talcum powder use and lung cancer and various pulmonary disorders, others looking at genital use the same way as the 1971 study. It soon became evident that talc was in a fair way of going the way of asbestos as an insidious purveyor of death.

Talcum powder is produced from drying and milling hydrous magnesium silicate, the softest known mineral on the planet. It is often found in or around asbestos ore deposits and prior to 1970 when it became a big no-no in the consumer market because it caused health problems, talcum powder may have contained asbestos. Today, asbestos is meticulously removed from commercial-grade talc. However, the problem is not with asbestos but with the talc itself, which when reduced to the fine powder we associate with baby powder is persistent in tissue. Talc particles that make its way to the lungs through inhalation takes up to 8 years to dissolve.

The health effects of talcum powder as indicated in numerous studies have also been established in law. In 2013, a South Dakota jury found for the plaintiff ovarian cancer victim Deane Berg in a talcum powder lawsuit against J&J, confirming the claim that J&J was negligent for not including the potential risk of ovarian cancer with genital use of talcum powder in its labels. If you believe that you are in the same boat as Berg, you need to take control of the situation. Consult with a proactive talcum powder lawyer as soon as possible to file your case.

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When road accidents involving big rigs or 18-wheelers happen, two possible consequences can be serious injuries to, or death of, the victim. This is due to the huge size and great weight of trucks, making their mere presence on the road a potential threat to smaller motor vehicles.

An 11-hour cross-county drive is a very common chore to many truck drivers, so that despite a couple of hours sleep at their truck’s sleeper berth, fatigue can easily set in, worsened sometimes by stress caused by the need to deliver an important cargo on time. While there are laws in place to prevent truckers from driving while fatigued, the sad truth of the matter is they are not always followed.

But fatigue and stress (plus driver error) are not the only causes of truck accidents that have been identified by the National Highway Traffic Safety Administration (NHTSA), an arm of the US Department of Transportation. According to the NHTSA, the unrestrained use of cell phone, while driving, has also contributed greatly in increasing in the number of injuries and fatalities due to truck accidents.

After the prohibition of the use of cell phones or hand-held phones while driving, the DOT issued another mandate, particularly on the use of a bluetooth headset by commercial drivers (which includes bus, corporate fleet and truck drivers). This federal law took effect on January 1, 2013 and those who are caught violating this law can suffer a fine amounting to $2,750; repeated violation will mean payment of the same amount (for each repeat act) plus banning from operating any type of commercial vehicle.

A trucker Bluetooth headset is a device that enables a two-way connection via a wireless technology called Bluetooth. Besides the headset design, some Bluetooth products can be fitted to an ear or may be placed inside specially-designed caps. Although designed for truckers, police and regular drivers have also found the device as a perfect item that will make driving much safer.

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