PersonalInjury.LifeTips.com

Transcription

1 PersonalInjury.LifeTips.com

2 Category: Birth Injury Subcategory: Birth Injury Tip: Birth Injury Lawyers After you have found a good birth injury lawyer, they will be able to take all of the information from you, your child's doctors, and your health insurance company and be able to make a judgement about whether you have a good case. Often, if the case against a specific medical institution or practitioner is good, the birth injury lawyer can sue this party in order to recover medical bills (both past and future) as well as money for pain and suffering. Only a birth injury attorney will know how much they can help you win, so it's important to contact one as soon as you have your information about the birth injury gathered. Tip: Finding a Birth Injury Lawyer Often the best way to find a lawyer of any type is to get personal referrals. Talk to people you know that have been through the same situation you have. You can meet people at support groups and they might be able to refer you to a great birth injury lawyer. A birth injury attorney will have experience dealing with these types of cases and will be able to help you with the court process. Tip: Finding a Birth Injury Lawyer Online If you don't have any people available around you to refer you to a good lawyer, you might be able to find one that you feel comfortable with online. Often a birth injury attorney will have set up a Web site with information about his/her practice and beliefs, and this can make you feel more at ease when you set up an appointment with them. Birth injury attorneys with websites online also give you a chance to "preview" the type of law that they practice, that way you can get to know the lawyers before choosing one. Tip: Health Insurance's Role in Birth Injury When a child is born, healthy or not, you must make sure to contact your health insurance provider immediately. This will open the baby's policy and make the child a dependent on your plan. It can also be helpful if you are going to pursue a case in court for birth injury, as all of the medical bills submitted will be recorded. The copays that you have to pay to the insurance company will probably be covered if there is a judgment in your favor in court, as the doctor's (or hospital's) malpractice insurance will have to cover your medical bills. Tip: How Doctors Can Cause Birth Injury

3 The doctors or nurses who deliver your baby can can cause a birth injury. If they use too much force when helping to deliver your child with forceps or vacuum, they can cause bruising or bone fractures. If they delay the birth by allowing too long of a labor, the baby can be born with cerebral palsy or other brain damage. Other problems can be caused by trying to vaginally deliver a baby that is too large and should be delivered by Cesarean section. Birth injuries are too common, so you should stick up for your rights when you're delivering your child to make sure proper care is taken and any need for a cerebral palsy lawyer is avoided. Tip: Parent's Rights in Birth Injury Cases If you suspect that something has gone wrong in your child's delivery, don't panic. There are many laws in effect that protect you as the patient (and patient's parent). Most hospitals have a Patients Bill of Rights that attest to that fact. You have the right to be present when any treatment is being performed on your child, as well as having the right to copies of any medical records your child has. If you suspect that there is a problem, make sure to be there for treatment as well as getting those records copied. A birth injury lawyer will need to see them to find out if you have a case. Tip: What is Birth Injury? Birth injury affects seven out of every 1000 births in the United States, and happens when a mistake, either accidental or neglectful, occurs during a baby's delivery. These injuries can range from minor bumps and bruises from rough handling of the newborn, to severe disabling conditions if proper care was not taken in the baby's delivery. If you think that your baby might have been injured during birth, you should consult your doctor and contact a birth injury lawyer. Category: Elder Care Claims Subcategory: Elder Care Claims Tip: Choosing a Nursing Home One of the biggest decisions a family must make is whether or not to put an elder family member in a nursing home or assisted living facility. However, with recent reports detailing elder abuse and nursing home negligence, the process of choosing a nursing home can be a fearful experience. When investigating a nursing home for elder care, be sure to ask as many questions as you need to feel comfortable. Ask about medical care (both nurses and doctors), feeding schedules, activities and accommodations (what are the rooms like?). If you feel uncomfortable in any way during this first visit, consider another home. Remember, a nursing home will be taking daily care of your loved one for the rest of his or her life.

4 Tip: Different Types of Nursing Home Neglect Cases There are typically two types of legal cases that can be brought against a nursing home that has abused or neglected its residents. You can bring an individual case against the home because of specific treatment, or lack thereof, to your elderly relative. Or, you can join a class action suit if the mistreatment was widespread. If there were many people at the nursing home who were abused, all of the families may choose to join together and file a lawsuit at one time, making a stronger case against the nursing home. Then, if the case is won, monetary compensation is split among all the parties in the class action suit. Tip: Social Security Disabilities Tip Parties injured in auto or other accidents may become disabled under the provisions of the federal social security law and may be entitled to social security disability or social security income benefits prior to reaching age of 62 and subsequent. Tip: What to Expect in a Nursing Home Neglect Case If you intend to sue for nursing home neglect or elderly abuse, be prepared to face the opposing parties' claims. The best way to protect yourself in a court case is to have everything documented. Make sure you've included doctors and the insurance company on all correspondence, keep a list of everything that seems wrong or out of context in the nursing home. In some court cases, the person who was actually abused or neglected will have to testify, so make sure that your elder abuse lawyer takes care to let you know what will happen in court. Tip: What to Look for in an Elder Abuse Lawyer If you've decided to get a lawyer involved in what you believe is nursing home negligence or abuse, it's best to research and interview only attorneys who specialize in this area. Be sure to ask the lawyer how many of these types of cases they've handled, and ask how he/she plans to handle your specific case. Ask the lawyer how familiar they are with the elder abuse laws in your state, and make sure you can give them copies of all medical records and documentation of abuse if they request it. Category: Insurance Claims Subcategory: Insurance Claims Tip: "Bad Faith" in Relation to Insurance

5 When an insurance company acts in "bad faith", it means that it is acting contrary to its agreement, or policy, with you. Bad faith insurance claims are filed for a variety of reasons: by denying claims that are legitimate for reasons unknown (or false), by delaying payment of claims, or by refusing to communicate with the insured. Just as you agreed to do certain things when you signed your policy, such as not submit false insurance claims, the insurance company must also hold up their end of the agreement by acting in "good faith" instead of "bad faith" Tip: "Good Faith" in Relation to Insurance When you sign up for any type of insurance, the insurance company enters into an agreement with you. In that agreement, the insurance company states that it will pay any claims that you submit provided they fall under your insurance policy, and that you are not trying to commit fraud against it. When an insurance company acts in "good faith", it completes all the agreed upon acts (such as paying claims) that were in the policy that was created. The company responds to your communication in a timely manner, and does not reject or delay your claims for false reasons. In short, it does all that was promised in the policy you signed. Tip: Bad Faith Insurance Practices in Automobile Insurance The insurance area that is most accused of having bad faith practices is automobile insurance. If you're in an automobile accident, and suffer medical problems as a result, you should consult with a personal injury lawyer for information on handling your insurance claims. If your insurance company does not agree to pay all of your medical bills, or for all of the damage to your car, make sure you check over your policy carefully. If you have full coverage in these areas, the company might be committing an act of bad faith by trying to get you to take a lesser amount of money than the amount you're owed. In cases like this, it is advisable to obtain a reputable attorney to fight for your case so that you are paid correctly. Tip: Consulting a Lawyer Regarding Your Insurance It is wise to consult a lawyer or an insurance counselor as opposed to an insurance agent to advise people as to what coverages are necessary and appropriate to the purchaser's needs. The reason to avoid relying on the advice of an insurance agent is that the agent is an employee of the insurance company. As with medical opinions, it is always good to get advice from an unbiased party when protecting yourself. Tip: Differing Bad Faith Insurance Laws There is no single law that governs how insurance companies are required to behave. In 1945, the McCarran-Ferguson Act (Federal) was approved by Congress to essentially disallow any regulation of the insurance industry on a federal level. The

6 states themselves have individual insurance watch-groups and agencies that oversee the practices of insurance companies within their state, but these do vary state to state. Generally, these "unfair insurance practices acts" outlaw all of the things deemed to be in "bad faith", such as neglecting to pay a claim, non-communication and delay of claim payment. You can search the web or local library for your specific state's laws. Tip: Failure to Report an Accident Your immediate failure to report a personal injury accident of any nature can impede a full investigation into the causation of the accident, the surrounding circumstances, gathering of evidence, photographs of the scene, witnesses' names, and documentation of the extent of your injury. This may result in a denial of your claim altogether, and may limit your rights of recovery. Reporting an accident to the manager of a location, the police, or your workplace boss is vitally important for you to recover any compensation that you may be entitled to receive, as you may need to comply with OSHA regulations. In order not to jeopardize those statutory rights, do not fail to immediately report an accident. Tip: Finding a Lawyer to Handle Your Insurance Claim If you find that communication directly with your insurance handler is not working, you will need to find a competent lawyer who can handle your case. There are many lawyers within the arena of personal injury law who specialize in dealing with insurance companies and bad faith claims. A good way to find a lawyer is by searching online search engines, or asking for referrals from friends, coworkers and family members. Often you can find local lawyers who have websites detailing their areas of expertise. As is the case with any online search, be wary on all of these sites and do you research through interviews and estimates before signing with an attorney to handle your case. Tip: Finishing Medical Treatment Prior to Settlement Depending on the type of personal injury you have, you may have to finish treatment for your injury prior to settlement, if the company is going to settle on behalf of their insured. Coverage for injuries may fall under different types of policies, and some benefit types may be first party, meaning you are entitled to those benefits, after a review of the reasonableness of your treatment. Policies cover injuries where, when, and how they happen, and sometimes why they happen. You may also file claims under your health carrier. However, health insurers, some carriers have subrogation clauses stating if you collect a monetary settlement from another carrier, you must re-pay the health insurer. As to personal injury third party liability claims, you usually must finish treating for your injury prior to any liability settlement, and a release signed prior to any payout. If it is an auto accident and you are a passenger, you may collect benefits under either first party Medical Payments (MP) coverage for your medical expenses from the driver's policy, or become a claimant against the driver if the driver is at fault. On a

7 premises claim, if there is no liability found on the part of an insured, a company may cover bills up to a certain amount under the same type of first-party MP coverage some companies carry for incidents occurring on their premises. The adjuster may pay your bills as expenses incur, but, do not expect a "general damages" (otherwise known as pain and suffering) settlement in addition. Tip: How to Handle 'Bad Faith' If you think your claim was denied for a reason other than those stated in your policy, or if you believe that your insurance company is trying to put off paying your claim, you have the right to question bad faith practices. Start by contacting the insurance company yourself and let them know you feel your claim was unfairly denied (or that you feel that you have been made to wait an inordinate amount of time). You can also confront the company if you feel they are trying to get out of paying you the full amount you are owed on a claim, such as with auto insurance. If contacting the insurance company yourself does not work, you will need to contact a lawyer to argue your case for you. Most often the lawyers who handle these types of cases are personal injury lawyers, and they are well versed in the laws dealing with insurance claim cases. Tip: Out-Of-Court Bad Faith Claim Resolution Many insurance companies are fearful of litigation, especially if it gets to the level of a court case. Public court cases can damage a company's reputation, so often they want to stay out of the spotlight as much as possible. Many lawyers in the insurance claim specialty area state on their websites that they are able to resolve these claims without having to go to court. Usually communication from an attorney will get the ball rolling and get your claim paid, if the insurance company is truly the party that is in the wrong. Tip: Reporting a False Claim Reporting a false claim is against the law. You can be fined and jailed for it. It is called insurance fraud. As it costs everyone millions of dollars of annual premiums, insurance companies, authorities, and special investigation units have created networks and other systems to identify possible insurance fraud. Reporting a false or suspicious claim is not worth any monetary settlement you may receive. The consequence of being caught far outweigh any compensation. Tip: Use Your Judgment As to Whether You Should Report an Incident Don't report an insignificant injury. It is a waste of an establishment's time, money, and effort. Unless required by law, such as an auto accident, a work accident, or an accident in which you injured yourself doing something you would reasonably be considered at fault for doing in a space that you abide in, don't try to blame someone else. There are many attorney commercials that lead you to believe free money is out there from

8 insurance companies for any injury. They put the blame on the insurance company for not paying legally due monies, when, in fact, insurance companies have gone into bankruptcy paying legitimate claims. Insurance companies and Third Party Administrators (TPA's) hire trained professionals that settle legally owed claims for reasonable amounts, and do not get bonuses or benefits for settling claims for any less than the claim's value. Category: Medical Malpractice Subcategory: Medical Malpractice Tip: Brain Injuries and Medical Malpractice One all too common type of medical malpractice involves brain injury. Brain injuries are tricky to diagnose and require specific medical care once they are found. Unfortunately, the correct care and diagnosis is not always completed in time, leaving patients with a devastating lasting brain injury. The three most common ways that malpractice can lead to brain injury is waiting too long to treat a patient while they are in a coma or otherwise incapacitated, failing to diagnose a concussion or other mild brain trauma, and realizing the long term effects of even a slight brain injury. If you or your loved one was injured in this manner and you feel that you may not have received correct care or the best level of care, you may have a legal case against the doctor or other medical staff. Only a brain injury attorney who specializes in these medical cases will be able to tell you for sure. Tip: Failing to Diagnose Cancer - Another Case of Malpractice Cancer is a word that no one wants to hear in conjunction with their health. If it is caught early, many types of cancer such as breast and skin cancer, can be treated and put into remission. These cancers can be treated with radiation, surgery and chemotherapy, and the patient can live a long life. Unfortunately, there are instances in which a failure to diagnose cancer occurs. If a patient feels a breast lump, has a suspicious mole or other symptom that they can't explain, it is a doctor's duty to do all the testing they can to find the cause. In some cases, a doctor did not perform the proper tests, leading them to miss the diagnosis of cancer in its early stages. Other times, a doctor has not completed a full physical of his or her patient, leading them to miss warning signs. This can then lead to a patient having a decreased survival rate or even death, if the cancer is caught at too late of a date. If you have cancer and feel that it should have been caught earlier by your doctor, you may have a legal case for medical malpractice. Tip: Hiring a Medical Malpractice Lawyer In medical malpractice cases, even more than in some other cases, choosing the right

9 medical malpractice lawyer to be your advocate is very important. You will need to find a lawyer who is extremely knowledgeable about the medical malpractice laws in your state. Medical malpractice cases can often take a long time to go through the court system, and can cost a lot of money to the plaintiff (you). An experienced lawyer will be able to get you the best award for your suffering as well as streamline your case so it does not take as much time to try. Finding a good lawyer can take some time, so make sure to ask for other peoples' personal recommendations, and do a lot of research. The Internet is a great place to find out a lot of information about a lawyer quickly, and you can also often find reviews of lawyers as well. Tip: Medical Malpractice - Both Criminal and Civil Medical malpractice cases are almost always handled in the civil courts, but they can lead to criminal prosecutions as well. If a doctor or other medical professional has committed a grossly reckless or intentionally harmful act against a patient, it could be considered a crime. In the event the prosecutor decides it is worthy of criminal prosecution, that person may be tried for criminal behavior, such as abuse or even murder. This case may be on top of any other cases which you are bringing against this individual or hospital for monetary compensation (medical bills and/or pain and suffering). Tip: Medical Malpractice and Surgery Mistakes Mistakes during surgery are all too common. We frequently hear about cases in the news where an item (surgical implement) was left in a patient after surgery, and was not found until serious complications arose. Other problems that can happen from surgical mistakes are just as dangerous - the wrong surgery can be performed on the wrong patient, it can be the right surgery but performed on the wrong side, or non-sterilized instruments and environment can cause infection. If any of this has happened to you, you may have medical issues to deal with for the rest of your life. Make sure you find out what happened during your surgery, and you may want to contact a medical malpractice lawyer who can tell you about your rights in these matters. Tip: Medical Malpractice Lawyers Medical malpractice attorneys are lawyers who specialize in cases involving the medical field. Often they have undergone additional training to be able to understand the complex medical situations in which the malpractice has occurred. These lawyers are familiar with the laws in your state and will be able to tell you what information you may need in order to bring a lawsuit against your doctor, hospital or other medical personnel. Often a medical malpractice lawyer will take your case on contingency, meaning they will not get paid any of their fees if you do not recover compensation for your claim.

10 Category: Personal Injury Subcategory: Personal Injury Tip: Avoid Defamation in Your Personal Injury Lawsuit Defamation is when an individual makes a statement about another that could be considered harmful to their reputation. For instance, you would not want to go around saying "My neighbor, Mr. XYZ, let his vicious dogs out on purpose to hurt me!" if it is not true. This can be damaging to Mr. XYZ's reputation, and as it is not based on truth (because, for instance, the dogs got out on their own), you are committing defamation. Mr. XYZ could then sue you for defaming his character. Personal injury lawsuits can get especially heated, so it is always a good idea to choose your words with care. Tip: Doctors Are Vital One of the most important witnesses in your personal injury claim is a reputable doctor. If you have been injured (whether you have a legal case or not) you should get checked out by a doctor as soon as possible. Some injuries can get worse if not treated promptly, and it is good to have a medical record of your injury from the beginning. If your injury is very severe and you must immediately go to the hospital, make sure when you are well enough that you contact the hospital for any records regarding your treatment. A doctor will be able to tell you if there will be any lasting damage from your accident, as well as what treatment you will need in the present and future. A doctor will also be able to refer you to appropriate therapists and specialists if needed. If you do need further treatment, make sure you get copies of all your medical records for your legal case. Category: Vehicle Accidents Subcategory: Vehicle Accidents Tip: Car Accident Liability In different states, liability statutes vary. Comparative negligence is a factor in percentage rates. For example, if you are 80 percent at fault, don't expect to receive anything other than a denial letter from the other person's insurance carrier. Each state has its own jurisdicational guidelines, and its own judicial interpretation of those statutes. You do not need a lawyer to explain them to you. Your personal auto agent can explain why you can or cannot expect to collect from the other party's carrier. If you have first party collision coverage on your own policy, you may make a claim against your policy, repair your vehicle, less your deductible, and have your insurance company attempt to collect your deductible from the other carrier via your insurance carrier's

11 subrogation department. However, it may be awhile before they are able to do so. In some instances, liability is usually accepted by the other person's carrier. For example, rear-end accidents, pedestrian hits, and hitting parked and unoccuppied vehicles are usually paid in full. Left turns, intersection accidents, multiple car accidents, or where conditions weren't clear at the time (be they weather, who was driving, if there was coverage at the time) are harder to determine, and may be harder to determine. Coverage issues with the other party are totally out of your control, so it is usually best to go through your own carrier, as the coverage issue may not be sorted out in time for your vehicle to be repaired without you meeting the burden of mitigating your own damages, which is what the other party's company expects you to do. Again, you are expected to take action in a way that any reasonable person would do to mitigate, or lessen, his or her damages, and not incur excessive expense. Tip: Car Accidents as Personal Injuries One of the most traumatic experiences for anyone is being involved in a car accident. Whether you are the driver or passenger, it can be a life changing event. Auto accidents have been known to hurt, disfigure and paralyze those involved, and in the worst cases, cause death. Auto accidents are often covered by auto insurance, but sometimes the driver causing the accident does not have any. Or, there are times when the insurance company does not want to pay you all the money you deserve. In these cases, you will want to hire an experienced personal injury lawyer or wrongful death attorney to help you with your legal case. Tip: Figuring Out Damages from an Auto Accident When you are involved in an auto accident, you'll have more damages to track besides your car or medical bills. It's important to keep track of other expenses you've had because of the accident. Make sure to keep records of lost days of work, all medical bills and prescription bills, even food and hotel bills you might have had from being stranded somewhere. When you file your claim with your auto insurance company, give them copies of all the bills you've paid in relation to your accident, and make notations as to why they were related. That way, if the insurance company refuses to pay for something, you have a record of what you've sent them. Tip: The Uninsured or Underinsured Motorist If the other driver in an automobile accident did not carry insurance, you may make a claim against your own personal auto policy. However, understand that you then become the claimant, and if you are attorney-represented, it will delay matters further. You may find out the other driver does not carry insurance. You must tell your own carrier this, and go through your carrier to repair your car if you wish, less your deductible. If you are a pedestrian and are struck by a driver, you may also make a claim under the uninsured motorist section of your policy. If your damages for personal

12 injury (monetary, for medical bills and treatment, and general damages - pain and suffering), exceed the liability limit of the other person's carrier, you may also turn to your own policy if you carry this type of insurance. The same standards apply. treatment length, whether it is accident-related, and whether it will have some permanent impact on your health are all factors to consider when the company will settle with you. The company will settle with you, whether you have an attorney or not. They will not pay you more money if you have an attorney. They should pay you what they owe you. You may wind up with less if an attorney gets involved, due to the agreed-upon fees charged by the attorney by you. Tip: Underinsured or Uninsured Motorist's Coverage Most insurance companies offer uninsured motorists coverage. Some companies do not offer underinsured motorist's coverage. You should purchase insurance only from a coverage that offers both types; personal injury damages may well exceed the limits of coverage available under a negligent parties' insurance. Tip: What to Do if You're Involved in an Auto Accident It's a very scary experience to be involved in an accident, but the most important thing is to make sure that you are not hurt physically or require immediate medical attention. Many times you will call the authorities or someone will call them for you, and if you feel at all unwell, allow an ambulance to take you for medical help. If you had a smaller accident, still insist on calling in the police. This is a good way to make sure that your statement goes onto an official record. If you need to hire a lawyer later, having documentation of the accident will help your case. Never leave the scene of an accident, no matter how small, until you have made sure that both parties are all right and that insurance information has been exchanged. Category: Workers Compensation Subcategory: Workers Compensation Tip: Construction Accidents and Workers' Compensation One of the most dangerous occupations for on the job accidents is construction. Working in construction means that there are many immediate dangers that can cause short and long term problems. Workers' compensation will often cover many of your medical bills and up to two-thirds of your paycheck, but you may be entitled to more. Generally, since your employer is covered by workers' comp insurance, you may not sue them for additional damages. But since construction involves so many parties, you may be able to bring a lawsuit against the property owner, third-party contractors or equipment manufacturers. All of this depends on where the accident took place and

13 what exactly happened. Your workers compensation lawyer will be able to guide you as to what damages you can claim and who you can sue. Tip: Coverage Under Workers' Compensation Workers compensation usually covers several benefits for injured employees. - It will pay for your medical bills, as well as up to two thirds of your usual paycheck for a time period set by your state. - Workers' comp payments are tax free, and are meant to help you to live reasonably comfortably while you are recovering. Some states also offer vocational rehabilitation, such as different classes and training, if you are unable to return to your previous job. If you are considered permanently disabled after an accident on the job, you may also be entitled to a lump sum payment or long term payments from workers' comp. It is important to contact your workers' comp office as soon as you can, because long term benefits can be tough to obtain. Tip: Denials of Workers' Compensation Due to Preexisting Condition Some workers compensation claims can be denied, and one of the most common reasons for this is because of a preexisting condition. This means, for example, that if you suffered from a bad back before you were hired, you cannot claim that your job caused you to have back problems. You can, however, file a workers' compensation claim for exacerbation of your back problems. If your job causes you to suffer further damage to an existing condition, workers' comp must cover treatment for the worsening of the problem. It is a very thin line between what will be covered and what will be considered preexisting, so it is best to check with your state's workers' comp board for details. Tip: Filing a Workers' Compensation Claim When you are injured on the job, you will need to notify your employer immediately. They will be able to get the paperwork started that you will need to apply for workers' compensation. If your employer advises against filing a workers' comp claim, they are acting against the laws regarding workers' comp and you should notify the state's workers' comp board. You are entitled to the benefit of workers' comp as long as you have a qualifying accident or illness in a qualifying job. If you feel that your employer or the workers' compensation board is not doing all they should to cover your expenses, you may need to hire a lawyer to further argue your workers' compensation claim. Tip: Injuries and Jobs Not Covered By Workers' Compensation There are some on-the-job injuries that are not covered by workers' compensation. These include self-inflicted injuries (such as cutting yourself on purpose while working), injuries or accidents that happened while you were not on the job or acting in a way that was against company policy, or if you were committing a crime while you received the

14 injury. There are also some jobs that are not covered under workers' comp, because the employers are not required to carry workers' compensation insurance. These include farm workers, self-employed workers, domestic employees working in others' homes, and business owners. Tip: The Federal Employers Liability Act (FELA) Certain jobs in the railroad industry are covered by workers' compensation insurance under the Federal Employers Liability Act (FELA). Railroad employees covered under FELA must show that the railroad has acted negligently or unsafely in order to be covered by their benefits, which is different from the "no-fault" workers' comp insurance in some states. FELA claims are quite different from workers' compensation claims, and an experienced workers' compensation lawyer is usually needed to make sure that you obtain all the benefits that you are entitled to. See the Department of Labor's website for more detailed information on this Federal workers' comp program. Tip: What is Workers' Compensation? Workers' compensation is a program of accident insurance that is run by most states in the United States. These states require that businesses operating in their jurisdiction carry this insurance, which comes into use when an employee is injured on the job. Workers' comp covers employees who are injured at work, or who become ill as a result of something that happened at their job. Workers' comp covers different expenses depending on the state you are in, and it also covers different types of illnesses and injuries. The best way to find out what your state covers is to contact your state's workers' comp board or check with your employer for your state's policies. Category: Wrongful Death Subcategory: Wrongful Death Tip: Bringing a Wrongful Death Claim after a Criminal Trial If the cause of a person's death could be considered a criminal act, such as in the case of murder or negligent homicide, there will often be a criminal case as well as any civil case you bring in court for wrongful death. Even if the party responsible for the wrongful death is acquitted of any criminal wrongdoing, you still are able to sue them in civil court. The burden of proof to win damages in a wrongful death lawsuit is different than that which must be proved in a criminal case, so you can still win damages even if the responsible party is not found criminally guilty. Tip: Determining the Amount of Damages in a Wrongful Death Lawsuit

15 It is important to retain an expert wrongful death lawyer when bringing a wrongful death lawsuit to court. Lawyers who are experienced in this area will be able to obtain the most expert testimony, and that will be needed to prove your pecuniary, or financial, injuries. In wrongful death lawsuits, expert witnesses can be used to testify to a decedent's future worth - regardless of their financial status. These witnesses can explain how much the "services" would cost to replace, as well as the "services" of any other deceased individual. The age, health, sex and occupation of the decedent also all come into play here - there must be a guide as to how much the decedent would have "been worth" in the future. As it is a jury who decides on an amount to award the plaintiff, it is important to have compelling evidence. Tip: Statute of Limitations and Wrongful Death Cases As in all civil matters, there are statutes of limitations on wrongful death lawsuits. This means that there is a predetermined amount of time (which varies from state to state) that the relatives of the deceased have to file the wrongful death claim. Usually, the claim must be filed within this period which starts when a family member "discovers" that the death was one which could be considered under a wrongful death claim. There are times, however, when a wrongful death claims statute of limitations may be shortened. If the wrongful death occurred as the result of a personal injury, and the decedent did not file a claim for personal injury within the statute of limitations, the claim may be seen to have "died with the decedent". Tip: What is a Wrongful Death Claim? Wrongful death claims can be brought in court if a person dies because of an occurrence where a second party can be held liable. According to "common law", that is, the law brought to the United States by people from England, any claim of wrongdoing in a death could not be used in court, as it was thought that the claim "died" with the deceased. The US changed that aspect of common law, and now in all 50 states there are statutes allowing family members to sue a second party for causing a wrongful death. Tip: Wrongful Death Cases and Children The death of a child is a particularly awful occurrence, which can be made more awful if it happened because of someone's negligence. If there is cause to believe that a wrongful death case can be brought into court over the death of a child, the rules for awarding damages are a bit different. There is no way to judge the future earnings or potential for a child, so often the pecuniary damages awarded to parents are small compared with a wrongful death case of an adult. Some states also allow wrongful death cases to be brought on behalf of an unborn child, but it varies, so it is important to consult a wrongful death attorney to see if you have the legal right for this sort of case.

16