Can I Sue For Wrongful Death If My Child Drowns In A Neighbor’s Pool?

The death of a child is a nightmare for anyone, especially if that child is your own. The stress inherent in that nightmare is understandably magnified if the death of the child is both someone else’s kid–and your fault. If your child drowns in someone else’s pool under any circumstances, then that means someone was likely negligent and liable for anything that happens on that property. A homeowner is responsible for ensuring the safety and security of their own pool, and so yes: you can sue for wrongful death if your child drowns in a neighbor’s pool. But is it as simple as that?

First of all, if you own a pool then be sure to keep it safe. Drowning ranks high on the list of causes for unintentional death, and you don’t want to contribute to such a sad and unreasonable statistic.

One of the factors that can either mitigate or complicate such a legal issue is the obvious circumstance of probable trespassing. Because the person in question is a child, however, this is less likely to complicate a lawsuit. Even so, if you intend to sue for wrongful death, then be prepared for counter-litigation depending on the circumstances. Your legal representation can help get you up to speed on any local or state laws that might apply in your situation, and prepare you for different outcomes, however likely they are to arise.

If someone did drown while trespassing, liability generally falls on the trespassing party unless the property owner knows that people frequently come onto the property. If this happens routinely, and a neighbor is aware that his or her pool is being used during these unauthorized visits, and they still don’t keep the grounds safe, then they may still be held liable.

If your child is a guest at a neighbor’s pool, it’s a very different story.

If there is an obvious danger, the neighbor is responsible for making any guest aware of it. Failure to do so can result in a claim of negligence. The neighbor is also responsible for repairing or fixing the conditions which make it unsafe. If your neighbor owns an above ground pool, and doesn’t put the ladder up, then your child may have climbed the ladder and stumbled in the pool. This is an example of negligence that you can use in court. In many cases, there is no requirement to prove negligence because the state laws override it.

No matter what, it’s important to know what your child is up to and where. If your child drowns in a neighbor’s pool, then you should retain the services of an experienced personal injury attorney to decide whether or not you have a wrongful death claim that can be filed.

Top Reasons For Boating Accidents

Boating accidents are hazardous because they occur on water. When cruising on water, it ‘s hard to save yourself or the other people on board especially when the accident is severe. Ensure you stay safe in water at all times. Understanding how these accidents occur and what causes them is a great way of learning how to avoid them and the fatalities that come along with them. Below are some of the reasons behind boating accidents.

Operator Inattention.

People operating boats are required to be alert at all times. This is important as it makes them aware of any impending conditions that might affect the proper cruising of the boat. It also puts them in a great position to react to changing conditions during the boat ride. The water sources are very unpredictable at times, and the information from the weather predictions are not entirely reliable.

Improper Lookouts.

The boat operators should always be on the lookout for impending hazards. Some of these hazards include icebergs or even sea creatures that come out of the water surface. Drivers should look out for these dangers and do the right things needed to avoid them and boating accidents.

Inexperience.

Operators need to be very experienced when boating. This experience does not entirely focus on the ability to ride the boat but also capacity to react to emergency conditions. Most accidents do not happen during the regular boating trips but when the unexpected happens and here is where experience is vital.

Overspeeding.

Speed is essential when boating. Riding at moderate speeds allows operators to have ample time to react to any unexpected event. Excessive speed can also lead to collisions with other boat and water vessels.

Impaired Operation.

Operators should be in their best health and mental condition so that they can make the right judgments. Impaired judgment due to health issues or abuse of alcohol and other drugs is a leading cause of boating accidents.

Equipment Failure.

It is essential to ensure the boats you ride in are properly maintained. The boat owner should conduct the necessary checks before letting out their boat into the sea.

Violation of Navigation Rules.

While on water, some set navigational rules govern how boats move around. It is essential to follow these rules as violating them often leads to crashes with other water vessels.

Weather.

People operating boats should always be wary of the weather conditions before setting out to sail. Ignoring the weather alerts is risky as storms, and other turbulent weather conditions can lead to accidents.

The above things are the leading causes of boating accidents. Always look out for them when boating as these accidents are always severe and often lead to loss of lives.

Can You Sue for Personal Injury from a Sporting Event

In this country, many people attend a wide variety of sporting events every year: baseball games, football games in Pennsylvania, hockey games, stock car races, the list goes on. And in many of these sports, there is an assumed risk of injury for those participating within it. Football players are going to get hit; it’s the nature of the sport. Baseball players may suffer “bean balls” while they are at bat. Race car drivers could suffer in multiple-car accidents on the track. However, many spectators almost never consider the risk of injury upon themselves as watchers in the stands. Even despite all the home runs or foul balls that find their way into bleachers on a daily basis during baseball season or the occasional wreck in a race where debris makes its way into the stands. As spectators, we need to account for the possibility of our own bodily harm and take precautions to protect ourselves as much as possible to mitigate the risk of injury. However, sometimes, despite all of our efforts, the worst can still happen. In cases like this, it is important to understand your rights for personal injury claims during sporting events.

One of the important things to consider, as mentioned earlier, is the assumed risk you take on as a spectator. How possible is it, regardless of the likelihood, that you could suffer injuries due to actions taken on the field, on the court, on the track, wherever the sport may be taking place. Consider ice hockey. While it may be exciting to sit in the front row right in front of the glass to see all the action up close, it is not historically unheard of that hockey players can create hits so forceful that the protective glass actually breaks. This obviously puts you at risk for an injury if you are sitting very close to it. Sitting in bleacher areas where there is no vertical netting is obviously going to expose you to the danger of wild foul balls than if you were to sit behind the netting. In many situations, these sporting events are known to protect themselves through waiver agreements during the purchase of the ticket (though the wording regarding these waivers can sometimes be exploited).

In some cases, the attempt at seeking settlement for injuries suffered in a sporting event can be hampered by your own behavior during said event. This is called contributory negligence and often comes in the form of behaviors such as the consumption of alcohol or aggressive behavior that may expose you to injury. Putting yourself in such situations will severely affect your ability to collect for recovery of injuries suffered in these cases. Many states have adopted what is called comparative negligence, which will reduce but not necessarily altogether eliminate the ability to collect recover damages, although some states have implemented a “modified” comparative negligence which states that if negligence can be proven in equal doses on part of the spectator and the sporting event party, the spectator will not be compensated for damages suffered in the case.

In all cases, however, where you have suffered injuries at a sporting event – whether it be due to unfortunate circumstances surrounding the event itself or even possibly due to contributory negligence, it is always a good idea to consult a personal injury attorney to explore your options.

Can You Sue for Personal Injury from Domestic Violence

Domestic violence is a terrible thing, no matter how you try to look at it. Such an act generally ever only garners attention for its criminal implications (and rightfully so), though people don’t as often consider the civil infractions involved in criminal cases such as domestic violence. While there is justice to be had for setting right to the crimes committed by others in such circumstances, many of these cases still leave a lot of pieces to be picked up by the victims involved. There are certainly protections afforded such as restraining orders, but these do little to commit to the epilogue of the issue: the recovery of the victim, often physical and, as a result, financial as well. If you have been involved in such circumstances, you may wish to seek out a personal injury suit for domestic violence.

This is not to say that seeing to civil lawsuits should be the first priority of any victim of domestic violence (or any violent crime in general). The first responsibility is to contact the police – or, if you are not so comfortable with that, an alternative agency who can get you the help that you need. Once protections are put in place to dispel the threat of violence on your person or those that could become immediately involved, then you can start investigating into action for compensation in a civil court.

Now that you are better able to consider options for civil lawsuit, there are generally three sorts of claims to consider: assault, battery, and intentional infliction of emotional distress. Assault and intentional infliction of emotional distress do not necessarily have to involve physical contact, and thus can limit the damages sought in a civil claim, though many awards can take cumulative impact into consideration. And since many cases of domestic abuse span for months or even years, the potential for compensation of damages can still be considerable due to the overall impact of emotional pain, especially with the assistance of an expert witness (often a professional such as a psychologist or marital counselor). If physical pain is apparent, the sort of entitlement tends to increase drastically in cases involving battery.

In many cases involving civil lawsuits, the awards for damages may very likely require divorce proceedings to be held. As physical and financial assets tend to be treated as jointly owned in marriage, it is difficult to award damages from one spouse to another. This is not to say that divorce is required before consideration will be given in a civil suit; in fact, juries may even pass verdicts in a civil suit while divorce proceedings are still being held. This makes the transition of awards easier, as it will often allow the abused spouse to collect damages for the civil suit as well as settlement from the divorce proceedings as well.

Some cases even allow the victim of domestic abuse to sue public officials if they knowingly fail to provide protection to a victim – often in the form of making an arrest on the suspected abuser. It is best to consult a lawyer in these circumstances, as the laws of each state may vary, but an example may be that the plaintiff could file a lawsuit if a police officer fails to make an arrest after the abuser committed a felony assault, the victim has sustained an injury, or the abuser gave cause for the victim to fear bodily injury or death. Again, it is stressed to consult an attorney on these matters. But, in regard to domestic abuse as a whole, it is always important to seek proper protection before pursuing civil claims.

Different Types Of Traumatic Brain Injuries

The human brain is a pivotal organ in the body and is the engine that keeps everything running. A subtle change in balance can lead to severe concerns with one’s health and wellbeing.

The human brain is at its most fragile state after a traumatic incident has taken place. This can occur from physical impact, stroke, or a plethora of other health concerns. It’s important to understand how these brain injuries occur and what the treatment plan is after a physician completes their comprehensive diagnosis.

Types of Brain Injuries

A “brain injury” is an umbrella term used for various types of health concerns associated with the central organ. A physician will diagnose the patient based on the symptoms their showing and what the MRI/X-Ray displays. In general, there are countless paths a diagnosis can go and here is a list of traumatic brain injuries a patient can have.

1) Contusion
2) Concussion
3) Diffuse Axonal Injury
4) Coup-Contrecoup Injury
5) Anoxic Event
6) General Traumatic Brain Injury
7) Second Impact Syndrome
8) Shaken Baby Syndrome

How Do People Get Them?

A contusion or concussion can take place after physical trauma (i.e. hit to the head) takes place. It doesn’t have to be a major blow as it can also come from repetitive strikes (i.e. boxing, wrestling, MMA) to the head. The same applies to a Coup-Contrecoup Injury where the trauma takes place on opposite side of the impact.

Some cases will show patients have had a stroke and this can cause blood to accumulate in the brain. It is important for immediate action to be taken place when a stroke is involved.

Treatment

What is the treatment for patients showing signs of discomfort or severe brain-related symptoms?

A physician will run a set of tests to make sure they’re diagnosis is accurate especially when it involves the brain. They will go through these tests repeatedly to ensure everything is as expected. Once this is completed, they will set up a treatment plan.

General pain medications are provided in the short-term. However, in many cases, surgery is the most important step in the procedure to alleviate stress on the brain and remove excess blood that might have accumulated inside. This is completed by a trained brain surgeon.

With injuries of this nature, it is important to seek medical attention as soon as possible. Even if the symptoms are minimal at first, it is essential to get out in front of this before it starts to have a negative impact on the body and causes it to shut down.

Faster action can save lives especially with patients who have had a stroke. You should call 911 immediately and keep them awake. Do not let them go to sleep. Do not give them any medications, food or drinks. Also, do not drive them to the emergency room – let an EMT handle it.

If you have been in an auto related accident and suffered a concussion, you can speak with a car accident attorney to see if you are entitled to help to pay your medical bills and other expenses you have related to your injury.

Oregon Bride Left Injured In Carriage Accident

It was four years ago when Jaclyn Stevenson was injured in a carriage accident. It was being pulled by horses, who were startled and ended up bolting from the carriage. This yanked the carriage out of control and made it crash as it spiraled away.

During this sequence, Jaclyn Stevenson was ejected from the carriage and left hurt on the side of the road. She also noted significant damages to her wedding dress. All of this took place a few minutes after the wedding vows had been exchanged by the couple.

At the time, they decided it was best to file charges against the company responsible for this carriage. However, due to legal issues and not being able to get in a settlement filing, the couple was left with nothing and still had to deal with the damages that came as a result. Now, they are looking to get back at the lawyer who was representing them in the court of law. They state it was mispractice on his end that resulted in the case falling apart and not leading to a proper settlement between both parties.

Donald E. Johnson

This was the lawyer who was representing the Stevenson family at the time of their filing. The state’s regulations are clear about when a filing can be put forward on behalf of the injured party. It has to be within two years from the moment they are injured. At the time they went to Donald E. Johnson, 14 months had passed since the accident.

This meant they had an additional ten months to get the filing in before the deadline would pass.

He was not able to get it filed on time, and this meant they were out of luck in the court of law.

She claims multiple calls were made to Donald E. Johnson’s office and he was not willing to return calls. She was aware of the date and wanted to make sure the documents were pushed through on time. However, his law firm never made an effort and this meant the case fell through before it was fought in the court.

Damages

What is the couple seeking from the new lawsuit?

They are looking for $1,800 as reimbursement for general expenses (counseling), $2,000 for the poor wedding photos due to her injury/ruined dress, and $1,500 for the wedding dress itself. They are also seeking an additional $150 for the carriage expenses. One thing is for sure, this would never happen in San Antonio, TX.

Are Door Injuries Personal Injury?

Doors are virtually everywhere these days, in shopping malls, homes, office buildings, supermarkets, hotels and anywhere else you could think of. In most cases, doors work flawlessly without wreaking any havoc but when they are defective or do malfunction, they could inflict serious harm on an individual. If you or someone close to you is a victim of a door injury, it is advisable that they contact a lawyer because such an injury could be categorized as a personal injury. Some doors, whether sliding or revolving can be extremely heavy and if the strike someone, serious and long-term injuries could be inflicted. Some of the possible causes of door injuries include improper installation, poor maintenance, faulty or missing components and failure to inspect on a regular basis.

Business owners are obliged to ensure that their premises are safe for their clients, an obligation that extends to making sure that the doors are functioning properly and in good condition. Moreover, it is the responsibility of the business owner to maintain and inspect the doors as frequently as possible.

Individuals who have been injured by a door can easily recover compensation for the injuries inflicted if they successfully present their case in court. Normally, the plaintiff will receive compensation for the medical expenses, rehabilitation costs, lost income, property damage, therapy costs and any other kind of loss arising from the door accident. And if you lose a loved one from a door accident, you are obviously entitled to wrongful death compensation including the burial costs and funeral expenses. Wrongful death claims are very complicated and as such should be made through a lawyer.

In different states, there is a specific time period within which one should file their personal injury claim, from a week to almost four years. Failure to adhere to the set time limit could mean losing the right to any form of compensation.

Instances of victims receiving compensation for door injuries are not new. In the year 2012, Amy Skinger was struck on the head by a piece of metal as she was walking into a Wells Fargo retail office. This resulted in the victim suffering from degenerative disease in the neck and multiple sclerosis. On filling a law suit, Amy Skinger was awarded $4.5 million for the disability, emotional distress, medical bills and the pain and suffering the accident had caused on her. This is evidence enough that a door injury can be classified as a personal injury and that a victim is liable for compensation.

Signs You Are Dealing With Whiplash

Two Drivers Arguing After Traffic Accident

Where you recently in an accident? If you were, you might be suffering from a myriad of injuries that might not have presented itself immediately after the accident. One common injury that does this is Whiplash.

What Is This Condition?

Whiplash is something that is fairly common, but people don’t always treat it because they think they are just suffering from sore muscles from being tense during the accident. Whiplash happens when you’re in a vehicle and are hit from behind while the vehicle isn’t moving causing the neck to move rapidly back and forth. It can also be caused by a sports injury.

Symptoms Of Whiplash

If any of these things are present after an accident, even if it’s a few days later, then you need to speak with your doctor.

    • Headaches
    • Stiffness and/or pain in shoulders
    • Fatigue
    • Visual disturbances
    • Weakness in arms
    • Back pains
    • Jaw pain
    • Neck stiffness and pain when moving
    • Loss of range of motion
    • Tingling or numbness in the arms
    • Rining in the ears
    • Memory Problems

There are also symptoms that come from “whiplash associated disorder” that you need to watch out for. They include anxiety, PTSD, drug dependency, stress, and any kind of disturbances to your mental health that came on after your accident. It’s reported that 30% of whiplash cases end up with whiplash associated disorder.

What Happens After An Accident?

If you had a bad accident and had to go to the hospital, they will run a few tests and may be able to diagnose you there. Tests include X-Rays, CT scans, and MRIs. These tests are to rule out any kind of injury that is far more serious than dealing with whiplashes, such as broken vertebrae, spinal fracture, or concussion.

Recovery time can be a few weeks to a few months and may involve expensive pain medication and physical therapy to increase the strength of your neck muscles. You will need to rest, ice your neck, wear a cervical collar, take muscle relaxants, prescription pain killers, and in some cases pain injections. You will have to perform routine neck exercises such as rolling your neck from side to side and rolling your shoulders.

Alternative treatments to whiplash include acupuncture, chiropractic care, massage therapy, and transcutaneous electrical nerve stimulation (TENS). We do recommend visiting a doctor to make sure you are getting proper treatment before resorting to alternative care.

Don’t Ignore The Warning Signs

With whiplash, you have to work on moving your neck around regularly or else you are going to end up worsening the problem. It has been shown that excessive rest and not moving can cause chronic symptoms that include losing your range of motion and feeling consistent pain.

If you have been a victim of a car accident or any other kind of accident that caused to you get the medical condition known as whiplash, don’t hesitate to contact a lawyer. You might be entitled to compensation to help you pay for your medical expenses, recover lost wages and money for suffering from the emotional trauma of not being healthy.

Insurance and Personal Injury Law

When you are in an accident and suffer an injury, most of the time insurance will help take care of fixing your car, giving you a rental car, as well as provide you with some sort of assistance in medical bills. But what happens when that isn’t enough to get you back on your feet. Lost wages from not being able to work coupled with bills for physical therapy plus who knows how much the rate of your insurance will go after a severe accident, how are you suppose to pay for everything?

This is the primary reason as to why people file Personal Injury Lawsuits. Personal injury lawyers consider themselves to be David to the insurance companies Goliath, helping the average person get the most that they can from insurance companies so they can get back on the road to recovery faster and live their lives comfortably.

But the insurance companies have their own personal injury lawyers who put up a good fight. Here are some secrets that insurance companies don’t want you to know in regards to filing a personal injury case against them!