What are the Common Types of Damages in Wrongful Death Cases?

 

Dealing with the loss of a loved one is traumatic. It can be even more painful when someone you love is gone because of another person’s negligence. Depending on the specific circumstances, an injury lawyer can help you hold responsible parties accountable and help you find justice for your loved one by bringing a wrongful death claim.

Wrongful Death Damages

There are three general categories of damages that may be recovered in wrongful death claims: economic, non-economic, and punitive. Damages available in wrongful death claims vary widely by state. Some states place limits on the amount and type of wrongful death damages that may be recovered.

For example, in Pennsylvania, there is no limit on the amount of economic or non-economic damages that may be recovered in a wrongful death claim. However, there is a limit on the amount of punitive damages that may be awarded.

Economic Damages

Economic damages are quantifiable losses a spouse or other immediate family members have suffered due to the wrongful death of a loved one. They may include:

- Medical expenses related to a fatal injury or illness

- Funeral and burial expenses

- Loss of the deceased person’s future earnings

- Loss of benefits such as medical insurance or pension

- Loss of inheritance

- Value of services a victim would have provided to the household, such as cleaning and home maintenance

Putting an accurate value on economic damages in wrongful death cases can be challenging, as there are certain factors that must be taken into consideration, such as the person’s age, health status before their death, and their earning capacity. The best medical malpractice attorneys and wrongful death lawyers know how to properly calculate all types of damages to help make things right for victims and their families.

Non-Economic Damages

Non-economic damages are even tougher to calculate because they involve intangible losses suffered by the family. These types of wrongful death damages often include:

- Mental anguish or pain and suffering of the deceased person’s loved ones

- Loss of guidance, care, advice, and nurturing from the deceased victim

- Loss of companionship, love, and society from the deceased

- A spouse’s loss of consortium

Punitive Damages

Unlike other damages, punitive damages are not intended to compensate a plaintiff, but to punish a defendant for particularly egregious or reckless behavior and to deter them and others from committing similar acts. In many states, punitive damages are not available in wrongful death actions or recoverable against certain entities such as government agencies.

Survival Action Damages

In addition to filing a wrongful death claim, a deceased person’s estate or family members may be entitled to bring a survival action against an at-fault party. This type of action allows the family to recover compensation for damages the deceased person would have been able to pursue in a personal injury claim had they survived.

Top car accident lawyers and other personal injury attorneys typically handle wrongful death claims as well. If you have lost a loved one, contact an attorney to find out your options for recovering damages.

This blog was originally posted on https://www.pa4law.com/what-are-the-common-types-of-damages-in-wrongful-death-cases/

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Who Is Liable for a Self-Driving Vehicle Accident?

 

Also known as autonomous vehicles, self-driving cars continue to be developed by companies such as Uber, Tesla, Waymo and others. Although they are designed to eliminate driver error and reduce the incidence of accidents, some self-driving vehicles have been involved in serious, fatal crashes. If you have been hurt in a self-driving car accident, it can be tough to figure out who may be liable for your injuries and damages. A good car crash injury lawyer can determine which parties may be responsible and help you recover compensation for your medical bills, wage loss, pain and suffering, and other damages.

Automation is Intended to Reduce Driver Error

According to the National Highway Traffic Safety Administration (NHTSA), some type of human error is responsible for approximately 94 percent of all motor vehicle crashes in the United States. The economic and human costs of these crashes are innumerable. While the creation of self-driving cars seeks to significantly reduce these costs, crashes involving self-driving vehicles have led to significant questions about liability.

Who is Responsible When an Autonomous Vehicle Causes Injury or Death?

There are several elements that may be involved in any type of accident, but when an autonomous vehicle is involved, liability issues can get murky. The most common causes of car accidents include:

Human Error

Most self-driving cars still have human operators who remotely monitor the vehicle while it is on the road. If an operator is ultimately responsible for controlling a self-driving vehicle, they may be personally liable if their negligence causes a crash. For example, if a remote operator of an autonomous vehicle falls asleep and is involved in an accident, they may be responsible for any damages resulting from the collision.

Defective Design or Manufacturing

Technology fails for many different reasons, including improper design, defective parts, and vehicle malfunction. In these types of cases, the designer, parts manufacturer, auto manufacturer, and other parties may be liable if a self-driving car is involved in a crash.

Poor Regulation

Regulatory agencies are also responsible for keeping everyone safe on the road. If a government entity permits unsafe self-driving vehicles to operate, they may be responsible if testing on roadways results in harm to the public. When bringing a claim against a municipality or other government agency, there are strict procedures and deadlines that must be followed. These entities also enjoy certain liability protections that individuals and businesses do not. If you believe poor regulation of a self-driving vehicle led to an accident, it is vital to hire a personal injury lawyer who has experience handling these types of cases.

Dealing with Insurance Companies after a Self-Driving Vehicle Accident

Because several parties may be responsible for damages in a self-driving car accident, negotiating with multiple insurance adjusters can be a nightmare. In cases involving autonomous vehicles, you may have to file a claim with the insurers of:

- The company that owns the vehicle

- The vehicle operator

- Technology and parts designers and manufacturers

- Other motorists involved in the accident

- A regulatory agency

Determining exactly who is at fault in these crashes is overwhelming and confusing. Although many of these companies have high limits on their liability policies, it doesn’t mean they will offer a fair personal injury settlement from the get-go. An experienced auto accident attorney can help you sort it all out and assist you with pursuing compensation from the appropriate parties.

If you or a loved one has been injured in a self-driving vehicle accident, contact an attorney for a free case evaluation.

This blog was originally posted on https://www.pa4law.com/who-is-liable-for-a-self-driving-vehicle-accident/

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What Should I Do If I Am Injured In A Drunk Driving Accident?

 

Although the penalties for drunk driving are stiff, motorists still get behind the wheel while impaired. The National Highway Traffic Safety Administration (NHTSA) estimates that approximately 28 people in the United States die in drunk-driving crashes every day. Being injured in an accident caused by a drunk driver can have devastating consequences as well. Top car accident lawyers share some tips that can help protect your rights and hold responsible parties accountable.

Stay Calm and Call 911

After a crash, it is normal to feel shaken, overwhelmed, and even angry. Keeping a cool head and noticing what’s happening around you can help you remember important details that may be relevant to a car accident claim. Call 911 or local law enforcement. If you suspect that the other driver is impaired, make sure to tell officers when they arrive on the scene. If possible, get a copy of the police report at the scene – it provides vital documentation of the accident and what officers may have observed.

Seek Medical Attention

Calling 911 can also help to ensure you get the medical attention you need if you have been injured. Going to the emergency room or seeing your doctor as soon as you can is crucial not only to protect your health and well-being, but also to provide valuable evidence of your injuries. Make sure to save all medical bills and receipts for any accident-related expenses.

Gather Contact Information

Obtain insurance and contact information from any motorists involved in the crash, including their full name, phone number, email, license plate, and driver’s license info. If there are any witnesses, write down their contact information and statements as well.

Take Photos and Video

If you are able, take photos of the scene, damage to vehicles your injuries, and anything else you think may be important. A video can also provide useful visual documentation of the scene. If you are seriously injured or unable to take photos, ask a passenger or bystander to take some pictures.

Document Everything You Remember

Documenting what happened while it is fresh in your mind can help back-up the facts of your claim later. Whether you write it on a piece of paper or use the voice recorder on your smartphone, try to get the details down as soon as possible.

Contact a Car Accident Attorney

Even if you believe your injuries are not that serious, speak with a personal injury attorney after a drunk driving accident. Symptoms of some injuries may not appear right away, and the last thing you want is to be stuck with piles of medical bills down the road. If you have sustained a serious injury that keeps you from working and requires extensive medical treatment, a lawyer can evaluate your case and help you pursue the maximum compensation you need to protect your health and finances. An attorney will know how to gather the right evidence and put it all together to build a solid case. If a restaurant, bar, or individual served alcohol to a visibly-intoxicated person, they may be liable for damages as well.

Do you need assistance with a car accident claim involving a drunk driver? Contact an attorney to learn more.

This blog was originally posted on https://www.pa4law.com/what-should-i-do-if-i-am-injured-in-a-drunk-driving-accident/

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Receiving Fair Compensation for Injuries Suffered in a Bicycle Accident

 

Riding a bicycle is a convenient, affordable way to get around and can be great for your health, too. However, because bicyclists often share the road with motor vehicles, there is also potential for serious accidents and injuries. A bike accident can be life changing, and if a motorist or another party is responsible for causing injury, they may be liable for damages. If you or a loved one has been hurt in a crash, it is critical to find a top accident attorney who understands how to accurately value your claim and fights to help you recover the full and fair compensation you need.

Common Causes of Bicycle Accidents and Injuries

Even the most cautious cyclist can be hurt in an accident caused by a negligent driver. These types of crashes are often caused by:

- Distracted driving

- Drowsy driving

- Drivers crowding cyclists or following too closely

- Speeding

- Lane switching or weaving through traffic

- Running red lights, stop signs or ignoring other traffic signals

- Failure to yield

- Driving while impaired

Because bicyclists do not have protection surrounding them like occupants of other vehicles do, they may sustain injuries such as broken bones, road rash, cuts and lacerations, head, neck and spine injuries, amputation, disfigurement and traumatic brain injury. These types of conditions can have long-term physical, emotional and financial consequences for victims and their families.

Pursuing Compensation after a Bicycle Accident

There are many reasons why it is important to seek the counsel of an attorney if you or a loved one has been injured in a bicycle accident. Figuring-out who may be liable and proving fault is challenging to do on your own, especially when you’re hurt and trying to recover. Dealing with insurance adjusters can be tricky, as they are looking-out for the best interests of the insurer, not you or your family. They do whatever they can to offer minimal settlement amounts or deny claims altogether.

Unless you are familiar with how personal injury claims work, it is extremely difficult to put an accurate value on the cost of future medical bills, future wage and income loss, pain and suffering, and other damages. Insurance companies know this and will not hesitate to take advantage of your inexperience if they can. The best car accident lawyers understand how to prove negligence, fight to protect your interests and accurately value your claim.

In addition, extensive investigation is usually required in bike accident cases. Multiple parties may be liable for damages, and you may be entitled to pursue compensation from your own auto insurance policy if you have one. An attorney will determine all possible sources of compensation and handle all of the legwork necessary to pursue maximum compensation for you, including:

- Investigating the accident

- Collecting evidence

- Employing the knowledge of accident experts

- Discussing the scope and severity of your injuries with your medical providers and how they have affected your life

- Negotiating with all insurers

- Taking your case to trial if necessary

Most bike accident lawyers offer free initial case evaluations, so you really have nothing to lose. Contact an attorney to learn more.

This blog was originally posted on https://www.pa4law.com/receiving-fair-compensation-for-injuries-suffered-in-a-bicycle-accident/

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