How Does Domestic Abuse Affect Child Custody cases?

 

Domestic violence is a serious issue that affects millions of families in the United States. In most courts around the country, judges are required to make custody decisions that are based on the best interests of the child. So how does domestic violence affect custody issues? Each case is different and there is no easy answer to such complex matters. Whether you have been a victim of domestic violence or have been accused of it, seeking the counsel of top child custody lawyers is vital to protecting your rights and your children’s best interests.

Domestic Violence and Divorce

Domestic abuse is often a catalyst for a spouse to file for divorce or to leave a relationship. When children are involved and issues of custody arise, things can get ugly. Divorces involving abusive relationships are often contentious and require court intervention. In these cases, the court will determine who will be granted physical and legal custody, which may include either parent or even a grandparent or other guardian. As always, courts evaluate evidence and make decisions based on what is best for the children’s safety and overall well-being.

The Impact of Domestic Abuse on Custody

Whether allegations of domestic abuse are recent or long past, the court may consider all of them. Generally, courts tend to err on the side of caution when granting custody or visitation in cases involving domestic violence. If a judge determines that a parent is a danger to the child or the other parent, custody and visitation may be denied or strictly limited.

Factors Considered By the Court

Although a judge will hear a parent’s allegations of domestic violence, evidence such as a Protection From Abuse Order (PFA), police report, witness statements and other documentation may be required in a custody hearing. It is well worth finding an affordable divorce attorney who knows which type of relevant evidence may help your case.

Typically, courts will consider:

- Whether alleged occurrences of domestic violence had an impact on, or were directed at, the child

- Whether the accused abuser still poses a danger to the other parent or child

- The frequency and severity of the abuse

- Any pending criminal charges against the alleged abuser

- Physical evidence of abuse, including current injuries or photographs

- Any relevant police reports

Custody and Visitation

After the court has considered all the evidence, the judge will make a determination about custody and visitation arrangements. If one parent poses a danger to the child or the other parent, the accused abuser may not be granted visitation at all. A judge may decide to:

- Order supervised visitation

- Revise an existing visitation order, such as revoking overnight visits or requiring supervised visitation

- Order anger management, parenting classes, or domestic violence counseling

- Issue a Protection from Abuse Order (PFA)

- Although it is rare, if both parents are abusive, the court may place the child in foster care or a relative’s care

If you are dealing with domestic abuse and child custody issues, contact a child custody lawyer in Pennsylvania to learn more.

If you or someone you love is a victim of domestic violence, contact the Domestic Violence Center of Chester County at 888-711-6270 or 610-431-1430 or the National Domestic Violence Hotline at 1-800-799-7233 or TTY 1−800−787−3224.

This blog was originally posted on https://www.pa4law.com/how-does-domestic-abuse-affect-child-custody-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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How Are Medical Malpractice Settlements Negotiated?

 

Many medical providers are conscientious professionals who provide quality care to their patients. Unfortunately, when they fail to meet proper standards of care, patients can suffer serious injury or death. If you have been hurt or have lost a loved one and you are considering filing a medical malpractice claim, it is important to understand that these types of cases are extremely complex. Even the best malpractice attorneys sometimes find it challenging to reach a fair settlement without taking a case to court.

Determining Liability

In any personal injury claim, a plaintiff must prove that another person’s or entity’s negligence or willful misconduct caused harm. Accomplishing this on your own is difficult, especially in medical malpractice cases. Finding a good injury lawyer who has a record of success winning malpractice cases is critical to helping you recover the maximum amount of compensation to which you may be entitled.

Types of Damages

Once liability has been determined, your lawyer will place a value your claim. There are two main types of damages that can be recovered in a medical malpractice settlement. Economic damages are quantifiable losses and expenses, such as the cost of additional necessary medical treatment received due to a medical professional’s negligence. It is much more challenging to put a dollar amount on non-economic damages like pain and suffering.

In some states, there are limits on medical malpractice settlement amounts. Insurance companies definitely keep this in mind when negotiating with injured patients, so it is essential to hire an experienced accident injury lawyer who is familiar with the laws of your state.

Medical Malpractice Settlement Negotiations

To begin negotiations with a health care provider or his/her insurance company, your attorney may send a demand letter informing him/her that you intend to file a claim against him/her. Although your attorney will most likely negotiate with the medical provider’s insurance company, the provider may have to approve the settlement before it can be finalized. This can drag-out negotiations and lead to costly court litigation.

Insurance companies also tend to be less willing to acquiesce to an injured patient’s demands in medical malpractice cases. If a medical provider is convinced that he/she did not commit any wrongdoing or wishes to avoid skyrocketing insurance premiums, he/she may stick it out and advise the insurer to take your claim to court. If your attorney reaches a settlement with all involved parties, it may also have to be approved by the court, especially in cases involving minors.

Medical Malpractice Settlement Payments

There are several factors that are taken into account when determining how a settlement will be paid, including the injured person’s age, the nature of their injuries, and the laws of the jurisdiction where the case is negotiated. A medical malpractice settlement may be paid through a structured settlement, a lump sum, or a combination of both. Typically, the settlement check will be sent to your attorney who deposits it into an escrow account. After deducting attorney fees and other expenses associated with your case, you will receive the remainder of the settlement.

To learn more about medical malpractice settlements, contact a personal injury lawyer today.

This blog was originally posted on https://www.pa4law.com/how-are-medical-malpractice-settlements-negotiated/

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Difference Between Medical Malpractice and Wrongful Death Claim

 

Understanding important distinctions between different types of personal injury claims can give you vital insight into how specific legal concepts may apply in your case. If you’ve lost a loved one and believe it was due to medical malpractice, there may be several avenues you can pursue to recover compensation. Typically, attorneys at medical malpractice law firms are also experienced in handling wrongful death claims. They can help you understand the differences and advise you of your options.

Medical Malpractice vs. Wrongful Death

Just because someone passed-away while under the care of a medical professional does not mean that their death warrants a wrongful death action. Knowing the definitions of medical malpractice and wrongful death can help you recognize whether you may have a cause of action after the death of a loved one.

Medical malpractice happens when a health care professional fails to provide a reasonable standard of care, and a patient is injured or killed as a direct result. Medical providers may include physicians, nurses, pharmacists, hospitals and health systems.

Some examples of medical malpractice include:

- Misdiagnosis or failure to diagnose

- Surgical or anesthesia errors

- Medication errors

- Birth injuries

Wrongful death occurs when a person dies as the result of an individual’s or entity’s negligence or misconduct. A wrongful death claim can arise from a variety of circumstances, including medical malpractice, car accidents, slip and fall incidents, and other situations.

Damages Available in Each Type of Claim

A significant difference between medical malpractice and wrongful death claims is the type of damages you may recover. Many states also put limits on the dollar amount of damages that may be recovered in a medical malpractice claim. If you want to be compensated for funeral and burial expenses and loss of future income, inheritance, companionship, guidance, care, and mental anguish due to your loved one’s death, you must file a wrongful death claim. Before filing any kind of claim, it is always a good idea to speak with an experienced PI attorney.

What is a Survival Action?

When someone dies as the result of medical malpractice, their loved ones or estate may be able to bring a survival action against a negligent medical provider. A survival claim is for the damages your deceased loved one suffered. This may include medical bills and any pain and suffering they experienced from the time the negligent act occurred until the time of their death. In essence, pursuing a survival action is like bringing a medical malpractice claim on behalf of your loved one.

Which Type of Claim Should You File?

It can be confusing to determine which type of claim is appropriate in your case. In some states, only the personal representative of a person’s estate can bring medical malpractice or wrongful death claims on the family’s behalf. Settlement caps and statutes of limitations for medical malpractice claims and wrongful death actions may be different as well, so it is important to act fast if you believe your loved one’s death was caused by medical negligence. An accident injury lawyer can determine whether you have a viable claim and advise you of possible options for recovering compensation.

If you have questions about medical malpractice or wrongful death, contact a personal injury lawyer today.

This blog was originally posted on https://www.pa4law.com/difference-between-medical-malpractice-and-wrongful-death-claim/

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Documents Needed for Filing a Personal Injury Lawsuit

 

 

Proper documentation and evidence are critical in any personal injury claim. Being prepared before filing your claim can help make the process less stressful, but it can be confusing to know what is required to prove your claim. These are some examples of documents you may need to help your accident injury lawyer get started on your case.

Reports from Police and other First Responders

When you’re involved in an accident, it’s always a good idea to call 911 or your local law enforcement agency. Police reports, fire department reports and EMT reports are valuable pieces of evidence that can back up the facts of your personal injury claim. In addition to first responders’ observations, these reports sometimes contain witness statements that may be vital to proving your case.

Incident Reports

If you were injured at a business, construction site or another property, a manager or supervisor may create an incident report. If possible, you should obtain a copy of any type of accident-related report before you leave the scene.

Witness Statements

Written or recorded witness statements serve multiple purposes. Documentation of witnesses’ observations, while they are fresh, can provide compelling evidence of how an accident or injury occurred. Witness statements may offer important details that help accident reconstructionists determine what happened. Gathering witness statements and contact information right away may also prevent them from forgetting or changing their story later on.

Bills and Receipts

Even the best personal injury lawyers need quantifiable proof of your losses and damages to put an accurate value on your claim. Make sure to keep all of your bills and receipts for medical costs and any other accident-related expenses. Medical reports, records, or explanations of benefits should also be saved. You may also be able to recover compensation for travel expenses to and from medical appointments, so make sure to give these to your attorney as well.

Proof of Lost Wages

Paystubs, W-2 information, work schedules and other employment-related information help prove wage loss and can be important evidence when demonstrating loss of future income and earning capacity.

Insurance Information

Insurance companies are usually involved in most personal injury claims. If you are the victim of a motor vehicle crash, make sure to obtain the insurance information of everyone involved. Your car accident lawyer will also want your auto insurance policy information. Depending on the type of case, you may need a negligent party’s homeowner’s or renter’s insurance information. Keep any correspondence you receive from any insurance provider, even your own.

Your Notes and Journal

Jotting down notes immediately following an accident can help document critical details you may forget later. In addition, keeping a journal documenting your injuries, daily level of pain, feelings, appointments, and day-to-day activities can paint a picture of how your life has been impacted. Your attorney can use this information to establish the physical, emotional, and financial costs of your injuries and losses.

If you need assistance gathering documents for a personal injury claim, contact an attorney to learn more.

This blog was originally posted on https://www.pa4law.com/documents-needed-for-filing-a-personal-injury-lawsuit/

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How to Determine If You Have a Wrongful Death Claim

 

 

Regardless of how it happens, losing a loved one is never easy. When someone is responsible for another person’s death, certain family members or a deceased person’s estate may be able to bring a wrongful death claim against them. But how do you know whether you have a viable claim? The best personal injury lawyers know which specific factors to consider when determining whether a client may have a valid claim. Understanding these elements can help you make an informed decision about pursuing a wrongful death claim.

Was the Death Caused by Negligence?

It goes without saying that someone must have passed-away for a wrongful death claim to be considered. The major element that must be proven is whether their death was caused by negligence. To prove this, three factors must be taken into account:

Duty of care—you must show that the defendant owed a duty of care to the deceased victim. For example, all motorists have a legal obligation to obey traffic laws to keep themselves and others safe on the road.

Breach of duty of care—this means that the defendant failed to act reasonably, which caused them to breach their duty of care. For instance, if someone gets behind the wheel while they are intoxicated, they are breaching their duty of care.

Breach of duty of care led to the victim’s death—you must also prove that the defendant’s breach of duty of care led directly to a victim’s death. If the drunk driver in the scenario mentioned above ran a stop sign and t-boned another car, causing the death of someone inside, they may be liable for damages.

Although proving that negligence caused a victim’s death may seem straightforward in such examples, it can be challenging. That is why it’s vital to have an experienced car accident lawyer evaluate your case if your loved one was killed in a motor vehicle crash.

What is Your Relationship to the Victim?

In some states, a deceased victim’s spouse, children or parents can file a wrongful death claim directly. In others, the administrator of a victim’s estate must file the claim. If the victim died without a will or did not name an administrator for their estate, one will be appointed by the court.

When Did the Death Occur?

Each state also has its own statute of limitations for how long a family member or estate has to file a wrongful death claim. In many states, the time limit is two years from the date of death. However, there are exceptions and statues of limitations vary by state.

Have You Suffered Losses Due to Your Loved One’s Death?

To be awarded damages, you must also show that you suffered losses or expenses as a result of your loved one’s death. Wrongful death damages may include the future earning capacity of the victim, loss of companionship, love, and guidance, funeral and burial costs, and other damages. Quantifying some of these losses can be challenging, so having a seasoned accident or injury lawyer determine the value of your claim is critical to recovering the maximum compensation to which you may be entitled.

Have you lost a loved one in an accident caused by someone else’s negligence?? Contact a wrongful death attorney to learn more.

This blog was originally posted on https://www.pa4law.com/how-to-determine-if-you-have-a-wrongful-death-claim/

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